Loading...
HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 4/16/2019 AGENDA CITY COUNCIL - REGULAR MEETING TUESDAY, APRIL 16, 2019 6:30 PM OPEN SESSION COMMUNITY CENTER 625 S. PICO AVENUE SAN JACINTO, CA 92583 951-487-7339 City of San Jacinto Page 1 Updated 4/11/2019 2:59 PM RUSS UTZ, MAYOR ANDREW KOTYUK, MAYOR PRO TEM ALONSO LEDEZMA, COUNCILMEMBER JOEL LOPEZ, COUNCILMEMBER CRYSTAL RUIZ, COUNCILMEMBER 1. ORGANIZATION 1.1. Roll Call 1.2. Invocation - Pastor Gwen Lute, Community Church of Christ 1.3. Pledge of Allegiance - San Jacinto Police Explorers 1.4. Special Presentation(s) 1.4.1. Introduce Corporal Hurd and K9 Waylen - Chief Salisbury 1.5. Mayor / Council Member Reports / Discussions 1.6. Late Items 2. PUBLIC COMMENTS 3. JOINT CONSENT CALENDARS 3.A. Consent Calendar - City Council 3.A.1. Waiver of Full Reading of Ordinance(s), and Reading by Title Only 3.A.2. Minutes of the April 2, 2019 Regular City Council Meeting RECOMMENDATION: Staff recommends that City Council approve the minutes of the April 2, 2019 Regular City Council Meeting. Department: City Clerk 3.A.3. Warrants and Disbursements - March 2019 RECOMMENDATION: City of San Jacinto Page 2 Updated 4/11/2019 2:59 PM Staff recommends that the City Council review and approve Warrants and Disbursements for the period of March 1 - 31, 2019 in the amount of $ 5,420,897.98. Department: Finance 3.A.4. KPC Promenade - A proposal of Latham Management Group to establish a 120- room hotel, a medical office building, a sit-down restaurant, two drive-through restaurants, a combination retail store and restaurant, and a combination service station car wash and convenience store all totaling 155,200 square feet. The project also includes a 114-room senior housing project. A Planned Development Permit application has been filed to allow a building height of 96 feet for the hotel and 422 commercial parking spaces. To facilitate the Project, the applicant is requesting General Plan Amendment 16-1 and Change of Zone 16-1 to establish the Community Commercial land use designation and the Commercial General (CG) Zone respectively, Parcel Map 37099 to establish nine (9) parcels, Site Plan and Development Review Case 16-7, Planned Development Permit 18-1, Minor Use Permit 16-2 for senior residential housing having 138 parking spaces, Minor Use Permit 16-3 for the service station, and Minor Use Permit 16-4 for the drive- through restaurants. RECOMMENDATION: Staff recommends that the City Council: 1. DETERMINE that this proposed Project will not have a significant effect on the environment based on the findings set forth in the case record and ADOPT A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) pursuant to the California Environmental Quality Act (CEQA). 2. ADOPT Resolution 3754 APPROVING General Plan Amendment 16-1 to change the General Plan Land Use Designation from Low Density Residential (LDR) to Community Commercial (CC); and, 3. CONDUCT SECOND READING of Ordinance No. 19-09, APPROVING Change of Zone 16-1 to change the Zoning Designation from Residential Low Density (RLD) to Community Commercial (CC); and, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING ZONE CHANGE 16-1, CHANGING THE ZONING OF THE SUBJECT SITE LOCATED AT THE NORTHWEST CORNER OF MAIN STREET AND THE RAMONA EXRESSWAY FROM RESIDENTIAL LOW (RL) TO GENERAL COMMERCIAL (CG) 4. ADOPT Resolution 3753 APPROVING the Project consisting of (1) Planned Development Permit 18-1; and, (2) Minor Use Permit 16-2 to permit a Senior Housing Development; and, (3) Minor Use Permit 16-3 to permit Service City of San Jacinto Page 3 Updated 4/11/2019 2:59 PM Station; and, (4) Minor Use Permit 16-4 to permit a Drive-Thru Restaurant; and, (5) Tentative Parcel Map 37099 to subdivide the project site into nine (9) parcels; subject to Findings of Fact and Conditions of Approval set forth in the case record based on the recommendation of the Planning Commission. Department: Community Development 3.A.5. Development Agreement 15-3 Amendment No.1 is a proposal to extend the Development Agreement for an additional twenty-four months to extend fee credits for the continued development of 71 lots in Tract Map 31037. RECOMMENDATION: CONDUCT the second reading and ADOPTION of Ordinance No. 19-05, approving Development Agreement No 15-3 Amendment No. 1 based upon the Planning Commission’s recommendation. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO CALIFORNIA APPROVING DEVELOPMENT AGREEMENT 15-3 AMENDMENT NO. 1 BETWEEN THE CITY OF SAN JACINTO AND CADO SAN JACINTO, LLC, AND RSI COMMUNITIES CALIFORNIA, LLC, AND PROJECT ROYAL, LLC Department: Community Development 3.A.6. Development Agreement 2-15 Amendment No.1 is a proposal to extend the Development Agreement for an additional twenty-four months to extend fee credits for the development of Tract Map 32250. RECOMMENDATION: CONDUCT the second reading and ADOPTION of Ordinance No. 19-08 approving Development Agreement No 2-15 Amendment No. 1 based upon the Planning Commission’s recommendation. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO CALIFORNIA APPROVING DEVELOPMENT AGREEMENT 2-15 AMENDMENT NO. 1 BETWEEN THE CITY OF SAN JACINTO AND JJ&J DEVELOPMENT GROUP, LLC Department: Community Development 3.A.7. SB-1 Road Maintenance and Rehabilitation Account FY 2019-20 RECOMMENDATION: Adopt the Resolution approving List of Projects Utilizing SB-1 Road Maintenance and Rehabilitation Account (RMRA) funding for Fiscal Year 2019/20. Department: Engineering 3.A.8. Amendment of the Conflict of Interest Code Pursuant to the Political Reform Act of 1974 RECOMMENDATION: City of San Jacinto Page 4 Updated 4/11/2019 2:59 PM It is recommended that the City Council adopt Resolution No. 3757 approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974. Department: City Clerk 3.A.9. Supporting Balanced Energy Solutions and Maintaining Local Control of Energy Solutions RECOMMENDATION: Staff recommends that the City Council adopt a Resolution of the City Council of the City of San Jacinto, California, supporting balanced energy solutions and maintaining local control of energy solutions. Department: City Manager 3.B. Consent Calendar - Successor Agency to the Redevelopment Agency of the City of San Jacinto 4. PUBLIC HEARING 4.1. Amending San Jacinto Power Electric Generation Rates RECOMMENDATION: Staff recommends that the City Council adopt Resolution No. 3759 amending San Jacinto Power electric generation rates, effective with meter reads beginning April 12, 2019. Department: Finance 5. DISCUSSION ITEMS 5.1. Solid Waste Ordinance – Organic Recycling Amendment RECOMMENDATION: Staff recommends that the City Council approve the introduction and first reading of Ordinance No. 19-13, amending existing provisions of Chapter 8.32 of the San Jacinto Municipal Code related to solid waste. The amendment updates the definition of “Green Waste” to include food waste and places organic waste recycling requirements on commercial businesses and multi-family units that produce 4 cubic yards or more of solid waste; and by further motion read by title only: AN ORDINANCE OF THE CITY OF SAN JACINTO AMENDING CHAPTER 8.32 OF TITLE 8 OF THE SAN JACINTO MUNICIPAL CODE TO UPDATE THE CITY’S SOLID WASTE ORDINANCE TO REFLECT CURRENT REGULATORY REQUIREMENTS Department: Streets 5.2. International Council of Shopping Center RECON 2019 RECOMMENDATION: City of San Jacinto Page 5 Updated 4/11/2019 2:59 PM Staff recommends that the City Council authorize travel requests for up to two City Councilmembers to attend the International Council of Shopping Center (ICSC) RECON, Las Vegas, on May 19-22, 2019. Department: City Manager 5.3. Adjournment of May 21, 2019 Regular City Council to June 4, 2019 RECOMMENDATION: Staff recommends that the City Council adjourn the Regular City Council meeting scheduled for Tuesday, May 21, 2019, to Tuesday, June 4, 2019. Department: City Clerk 6. CITY MANAGER UPDATE 7. FUTURE REQUESTS FROM CITY COUNCIL TO STAFF 8. ADJOURNMENT DOCUMENTS RELATED TO OPEN SESSION AGENDAS (SB343) - Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the public counter located in the Administration Building of City Hall, 595 S. San Jacinto Avenue, San Jacinto, CA 92583. I, Angela Walton, City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted the foregoing agenda this 11th day of April 2019 as requested by law. Angela Walton, City Clerk April 16, 2019 TO: City Council REQUESTED BY: Angela Walton, City Clerk APPROVED BY: Robert A. Johnson, City Manager SUBJECT: Minutes RECOMMENDATION: Staff recommends that City Council approve the minutes of the April 2, 2019 Regular City Council Meeting. ATTACHMENTS: 4-2-19 Regular Meeting Minutes 3.A.2 Packet Pg. 6 ACTION MINUTES CITY COUNCIL – REGULAR MEETING TUESDAY, APRIL 2, 2019 6:30 PM OPEN SESSION SAN JACINTO COMMUNITY CENTER 625 S. PICO AVE SAN JACINTO, CA 92583 951-487-7339 1. ORGANIZATION Mayor Russ Utz called the meeting to order at 5:32 pm. 1.1 Public Comments on Closed Session Items There were no public comments on Closed Session items. Mayor Utz adjourned the Regular meeting to Closed Session at 5:32 pm. 1.2 Closed Session 1.2.1 CONFERENCE WITH LEGAL COUNSEL Existing litigation pursuant to Government Code section 54956.9(d)(1) San Jacinto v. Reaser, case no. RIC 1805296 Mayor Utz called the meeting to order at 6:31 pm. 1.3 Closed Session Report City Attorney Michael J. Maurer stated there was no report from Closed Session. 1.4 Roll Call City Clerk Angela Walton conducted the roll call: Present: Kotyuk, Ledezma, Lopez, Ruiz, Utz Absent: None 1.5 Invocation Pastor Thomas King of 412 Church gave the invocation. RUSS UTZ, MAYOR ANDREW KOTYUK, MAYOR PRO TEM ALONSO LEDEZMA, COUNCILMEMBER JOEL LOPEZ, COUNCILMEMBER CRYSTAL RUIZ, COUNCILMEMBER 3.A.2.a Packet Pg. 7 Attachment: 4-2-19 Regular Meeting Minutes (Minutes) 1.6 Pledge of Allegiance The Pledge of Allegiance was led by Girl Scouts of San Jacinto, Troop 663. 1.7 Special Presentation Mayor Utz presented a DMV/Donate Life California Month Proclamation to Brenda Beers of One Legacy, declaring April 2019 as Donate Life California Month. 1.8 Mayor/Council Member Reports / Discussions Councilmembers provided their reports. 1.9 Late Items There were no late items. 2. PUBLIC COMMENTS Public Speakers: 1. Mike Wofford 2. James Pangrazzi 3. JOINT CONSENT CALENDARS City Council Consent Calendar Item 3.A and Successor Agency Item 3.B Consent Calendars were heard concurrently. 3.A Consent Calendar – City Council 3.A.1. Waiver of Full Reading of Ordinance(s), and Reading b y Title Onl y 3.A.2. Minutes of the Regular City Council Meeting held on March 19, 2019 / City Clerk 3.A.3. Treasurers Report February 28, 2019 / Deputy City Manager 3.B Consent Calendar – Successor Agency to the Redevelopment Agency of the City of San Jacinto Mayor Pro Tem Andrew Kotyuk pulled Item 3.A.3: Treasurer’s Report, for discussion. M/S/C (Ruiz/Ledezma) moved to approve the Consent Calendar. Motion carried 5/0. Ayes: Kotyuk, Ledezma, Lopez, Ruiz, Utz Nays: None Absent: None Abstain: None 3.A.2.a Packet Pg. 8 Attachment: 4-2-19 Regular Meeting Minutes (Minutes) Pulled Item: 3.A.3. Treasurers Report February 28, 2019 / Deputy City Manager M/S/C (Ledezma/Lopez) moved to approve the Treasurer’s Report. Motion carried 5/0. Ayes: Kotyuk, Ledezma, Lopez, Ruiz, Utz Nays: None Absent: None Abstain: None 4. PUBLIC HEARING 4.1 Approval of San Jacinto Unified School District Financing Authority Special Tax Revenue Bonds Tom Prill, Deputy City Manager of Administrative Services presented the staff report. Mr. Prill introduced Seth Heeran, SJUSD Assistant Superintendent of Business Services, to provide additional information. Mayor Utz opened the Public Hearing at 7:00 pm. There were no public speakers; Mayor Utz closed Public Hearing at 7:01 pm. M/S/C (Ruiz/Ledezma) moved to approve SJUSD Financing Authority Special Tax Revenue Bonds. Motion carried 5/0. Ayes: Ruiz, Lopez, Utz, Ledezma, Kotyuk Nays: None Absent: None Abstain: None 4.2 KPC Promenade - A proposal of Latham Management Group to establish a 120-room hotel, a medical office building, a sit-down restaurant, two drive-through restaurants, a combination retail store and restaurant, and a combination service station car wash and convenience store all totaling 155,200 square feet. The project also includes a 114- room senior housing project. A Planned Development Permit application has been filed to allow a building height of 96 feet for the hotel and 422 commercial parking spaces. To facilitate the Project, the applicant is requesting General Plan Amendment 16-1 and Change of Zone 16-1 to establish the Community Commercial land use designation and the Commercial General (CG) Zone respectively, Parcel Map 37099 to establish nine (9) parcels, Site Plan and Development Review Case 16-7, Planned Development Permit 18-1, Minor Use Permit 16-2 for senior residential housing having 138 parking spaces, Minor Use Permit 16-3 for the service station, and Minor Use Permit 16-4 for the drive-through restaurants Travis Randel, Community Development Director, presented the staff report. Mayor Utz opened the Public Hearing at 7:19 pm. Public Speakers: 1. Josh Bourgeois 3.A.2.a Packet Pg. 9 Attachment: 4-2-19 Regular Meeting Minutes (Minutes) 2. Howard Rosenthal 3. Blaine Wormer 4. James Pangrazzi Mayor Utz closed Public Hearing at 7:27 pm. City Attorney Maurer recommended placing this item on the Consent Calendar for April 16, 2019 Regular City Council meeting. M/S/C (Kotyuk/Ruiz) made a motion to approve Ordinance 19-09 for 1st reading, and continue action on the other items. Motion carried 5/0. Ayes: Utz, Lopez, Ruiz, Ledezma, Kotyuk Nays: None Absent: None Abstain: None 4.3 Development Agreement 2-15 Amendment No. 1 – A proposal to extend the Development Agreement for an additional twenty-four months to extend fee credits for the development of Tract Map 32250 Community Development Director Randel presented the staff report. Mayor Utz opened the Public Hearing at 8:07 pm. Public Speakers: 1. James Pangrazzi Mayor Utz closed Public Hearing at 8:10 pm. M/S/C (Lopez/Ledezma) moved to approve Development Agreement 2-15 – Amendment No. 1. Motion carried 5/0. Ayes: Ruiz, Kotyuk, Ledezma, Utz, Lopez Nays: None Absent: None Abstain: None At this time, Councilmember Ledezma made a motion to approve hearing Item 4.5 before Item 4.4. M/S/C (Ledezma/Ruiz) moved to approve this motion. Motion carried 5/0. Ayes: Ruiz, Kotyuk, Ledezma, Utz, Lopez Nays: None Absent: None Abstain: None Mayor Utz called for brief intermission at 8:30 pm. Council returned to dais at 8:40 pm. 3.A.2.a Packet Pg. 10 Attachment: 4-2-19 Regular Meeting Minutes (Minutes) 4.5 P19-005 - A proposal by the City of San Jacinto for a comprehensive update to the San Jacinto Municipal Code for Cannabis Oriented Businesses and Uses including Chapter 3.32 of Title 3 – Revenue and Finance, Chapters 9.28, 9.28A and 9.28B of Title 9 – Public Peace, Morals and Welfare and Various Chapters of Title 17- Development Code. The proposed amendments include, but are not limited to (a) updates to the cannabis tax structure for cannabis oriented businesses, (b) revisions to cannabis use restrictions including commercial and personal uses, (c) revisions to the Permitted Uses Tables to identify Cannabis Oriented Businesses as permitted uses in various zones; (d) update in terminology to reflect changes made under Proposition 64 (Adult Use of Marijuana Act) and recent State Law updates (i.e. “Marijuana” is now referred to as “Cannabis”); (e) replacement of Chapter 17.435 – “Commercial Marijuana Cultivation” with “Cannabis Oriented Businesses”; (f) replacement of Chapter 17.603 – “Commercial Marijuana Cultivation Permit” with “Cannabis Oriented Businesses Permit”; (g) revisions to Chapter 17.705 – Nonconforming Parcels, Structures and Uses to eliminate cannabis cultivation as a non-conforming use; (h) revisions to Chapter 17.800 – Definitions, to be consistent to changes made under Proposition 64 and recent State Law updates; (i) various non-substantive formatting changes throughout the Municipal Code Community Development Director Randel presented the staff report. Mayor Utz opened the Public Hearing at 9:10 pm. Written correspondence received from Diane Perez, SJUSD Superintendent, Deborah Rex, SJUSD Board Trustee, John I. Norman, SJUSD Board President, and Jasmin Rubio, SJUSD Board Trustee. Letter was read into the record by the City Clerk. Public speakers: 1. James Pangrazzi 2. Wayne Maniglia 3. Sandra Oceguna 4. Randy Wastal 5. Laura Vriarte 6. Juan 7. Richard Wesselink 8. Lourdes Celis Mayor Utz closed the Public Hearing at 9:36 pm. M/S/C (Lopez/Ledezma) made a motion to continue this item to May, and Councilmember Ledezma seconded. M/S/C (Kotyuk/Ruiz) made a substitute motion to approve the first readings of Ordinance 19- 10, Ordinance 19-11, and Ordinance 19-12, and to continue the second readings of each to the first regular City Council meeting in June 2019. Resolution 3755, which calls for setting new tax rates for Cannabis Oriented Businesses, will be held until the first June meeting as well. Motion carried 4/0/1. Ayes: Kotyuk, Lopez, Ruiz, Utz Nays: None 3.A.2.a Packet Pg. 11 Attachment: 4-2-19 Regular Meeting Minutes (Minutes) Absent: None Abstain: Ledezma 4.4 Development Agreement 15-3 Amendment No.1 – A proposal to extend the Development Agreement for an additional twenty-four months to extend fee credits for the continued development of 71 lots in Tract Map 31037 Community Development Director Randel presented the staff report. Mayor Utz opened the Public Hearing at 10:56 pm. There were no public speakers; Mayor Utz closed the Public Hearing at 10:57 pm. M/S/C (Ruiz/Ledezma) moved to approve Development Agreement 15-3 – Amendment No. 1. Motion carried 5/0. Ayes: Kotyuk, Ledezma, Lopez, Ruiz, Utz Nays: None Absent: None Abstain: None 5. CITY MANAGER UPDATE City Manager Johnson deferred his update to the next regular City Council meeting. 6. FUTURE REQUESTS TO STAFF  Councilmember Ruiz wants to consider options for addressing the safety concerns of citizens as well as developing an educational component regarding the Cannabis issue. Mayor Utz appointed Mayor Pro Tem Kotyuk and Councilmember Ruiz to an ad hoc committee for this matter.  Mayor Utz requested that staff reviews the feasibility of the City’s membership in the US Conference of Mayors. 7. ADJOURNMENT With no further business before the City Council, Mayor Utz adjourned the Regular Meeting of the City Council at 11:00 pm. CITY OF SAN JACINTO: ____________________ Russ Utz, Mayor ATTEST: ________________________ Angela Walton, City Clerk Approved as read: Approved as amended: 3.A.2.a Packet Pg. 12 Attachment: 4-2-19 Regular Meeting Minutes (Minutes) April 16, 2019 TO: City Council REQUESTED BY: Tom Prill, Deputy City Manager APPROVED BY: Robert A. Johnson, City Manager SUBJECT: Warrants and Disbursements - March 2019 RECOMMENDATION: Staff recommends that the City Council review and approve Warrants and Disbursements for the period of March 1 - 31, 2019 in the amount of $ 5,420,897.98. DISCUSSION: The City Council in its oversight role formally reviews disbursements of City funds made by Accounts Payable warrants, bi-weekly payrolls and electronic funds (wire) transfers. The following information is provided for such review and approval: Warrants/Wire Pay Date Amount Accounts Payable: # 124376-124712 Various $ 4,538,359.18 Payroll: Pay Period # 6 # 23123-23127 03/14/2019 $ 135,913.27 Includes Warrants, Direct Deposits, Taxes, Garnishments Payroll: Pay Period # 7 # 23128-23132 03/28/2019 $ 136,069.69 Includes Warrants, Direct Deposits, Taxes, Garnishments Electronic Funds Various $ 610,555.84 Total Disbursements – Period of March 1-31, 2019 $ 5,420,897.98 Known Councilmember Conflicts: Kotyuk Check # 124434, 124654 Ruiz: Check # 124705 Utz: Check # 124405 Prepared by: Judy Kelley, Account Clerk II Note: Payroll information is on file in the Finance Department. FISCAL IMPACT: Expenditures by warrant, payroll direct deposit and electronic funds (wire) transfers have been appropriated. 3.A.3 Packet Pg. 13 ATTACHMENTS: Warrant Register March 31, 2019 3.A.3 Packet Pg. 14 Warrant RegisterCity of San Jacinto3/31/2019Page 1Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total1243763/1/2019Brady, robert (bob)REQUEST 021519Reimburse mileage feb '19010-4200-410.31-1574.8274.821243773/1/2019Carrier si, inc.320465Remote tech support017-2290-418.40-4567.5067.501243783/1/2019Cr&r incorporatedREQUEST 022019Tax roll ss1 remittance065-0000-201.08-6482,908.3979,158.25REQUEST 022019Tax roll ss1 remittance010-0000-310.07-96-3,750.141243793/1/2019Eastern municipal water districtREQUEST 022519Water service010-7100-410.35-1021.90385.26REQUEST 022519Water service025-7250-410.35-1087.60REQUEST 022519Water service306-8831-500.35-1062.64REQUEST 022519Water service311-8831-500.35-10161.58REQUEST 022519Water service331-8831-500.35-1033.60REQUEST 022519Water service339-8831-500.35-1017.941243803/1/2019Fedex corporation6-447-73819Delivery service011-3300-431.21-6528.95115.806-454-46634Delivery service011-3300-431.21-6528.956-461-63430Delivery service011-3300-431.21-6528.956-468-81114Delivery service011-3300-431.21-6528.951243813/1/2019Frontier communicationsREQUEST 022619Telephone service010-2500-425.35-16106.20212.02REQUEST 022619Telephone service050-9000-450.35-16105.821243823/1/2019Gagnepain, johnREQUEST 011619Meal per diem mar 7,2019011-1700-417.31-2010.0010.001243833/1/2019Luis cirino02252019Double sce's new rate!048-0000-203.22-20123.57123.571243843/1/2019Lynn merrill and associates, inc.NUMBER FY 19-7Services jan 1-31,2019010-4140-410.34-061,432.201,432.201243853/1/2019Matley, loriREQUEST 011619Meal per diem011-1700-417.31-2066.0066.001243863/1/2019Matley, loriREQUEST 022019Reimb hotel,mileage,taxi010-1110-411.31-20499.04499.041243873/1/2019Matley, loriREQUEST 021219Reimb notary supply pkage010-1110-411.31-2074.0374.031243883/1/2019Namerrs signs & printing02132019Fitted table cloth print199-9999-425.40-01492.95492.951243893/1/2019Presenta plaque corporation236618.5"x 11" pocket plaques010-1100-411.21-11275.54258.0623661Sales tax not charged010-0000-201.20-45-17.481243903/1/2019Ramirez, andyREQUEST 022119Reimburse food purchases010-4140-410.21-12215.40215.401243913/1/2019Randel,travisREQUEST 011619Meal per diem011-1700-417.31-2066.0066.001243923/1/2019Riverside countyPU0000004581Fleet fuel oct 2018050-9000-450.21-701,187.115,514.12PU0000004581Fleet fuel oct 2018055-4170-450.21-70433.62PU0000004581Fleet fuel oct 2018010-4150-410.21-70596.54PU0000004581Fleet fuel oct 2018010-4140-410.21-70389.133.A.3.aPacket Pg. 15Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 2Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124392...3/1/2019...Riverside county...PU0000004581Fleet fuel oct 2018010-7101-410.21-70176.565,514.12...PU0000004581Fleet fuel oct 2018010-7100-410.21-701,019.52PU0000004581Fleet fuel oct 2018011-3300-431.21-70196.21PU0000004581Fleet fuel oct 2018010-3320-431.21-70358.63PU0000004581Fleet fuel oct 2018010-3100-431.33-50684.59PU0000004581Fleet fuel oct 2018010-3100-431.21-70472.211243933/1/2019Riverside countyTL00000145415 speed limit replacemts025-7100-410.34-0521,478.1321,478.131243943/1/2019Romeril plumbing & hardware15143Misc plumbing & supplies010-3100-431.21-5029.7829.781243953/1/2019Scott, patriciaREQUEST 011619Meal per diem011-1700-417.31-2066.0066.001243963/1/2019Shred-it usa llc/ corp8126638199Shredding service feb'19010-3100-431.34-05134.90176.428126638199Shredding service feb'19010-2500-425.34-0541.521243973/1/2019Socal gasREQUEST 022519Gas service010-2500-425.35-12239.79758.14REQUEST 022519Gas service010-6500-425.35-1211.49REQUEST 022519Gas service010-3100-431.35-12171.18REQUEST 022519Gas service010-4200-410.35-12144.99REQUEST 022519Gas service034-3200-431.35-12190.691243983/1/2019Staples business advantage, inc.3403124057Office supplies010-3100-431.21-10958.221,111.203403124058Office supplies010-1110-411.21-10152.981243993/1/2019Steve norman02252019Double sce's new rate!048-0000-203.22-20153.17153.171244003/1/2019Superion, llc (formerly sungard)227239Asp maint srvc march 2019010-1400-414.34-054,576.954,576.951244013/1/2019Time warner cable0055371020219Service 2/10 - 3/9/2019010-3100-431.34-05261.661,872.140541420021719Service 2/27 - 3/26/2019017-2290-418.34-201,610.481244023/1/2019U.s. healthworks medical group, pc3455383-CAPe-d.o.t. / k. coney010-1210-412.30-9099.0099.001244033/1/2019United healthcare insurance co.,inc0033703441Premium march 2019085-0000-202.21-3948,636.7448,636.741244043/1/2019Ups-united parcel service0000TT8707069Delivery service050-9000-450.21-6524.9924.991244053/1/2019Utz, russellREQUEST 022619Reimb hotel,mileage,park010-1100-411.31-201,261.561,261.561244063/1/2019Verizon wireless9824253904Staff cell phone service010-1100-411.35-17150.842,506.219824253904Staff cell phone service010-1200-412.35-1728.399824253904Staff cell phone service010-1210-412.35-1729.419824253904Staff cell phone service011-1700-417.35-1752.939824253904Staff cell phone service010-3100-431.35-1729.283.A.3.aPacket Pg. 16Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 3Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124406...3/1/2019...Verizon wireless...9824253904Staff cell phone service011-3300-431.35-1747.772,506.21...9824253904Staff cell phone service010-3320-431.35-17348.349824253904Staff cell phone service010-4140-410.35-17153.699824253904Staff cell phone service010-4150-410.35-17247.949824253904Staff cell phone service010-4200-410.35-1763.369824253904Staff cell phone service010-7100-410.35-17216.909824253904Staff cell phone service010-7101-410.35-1729.769824253904Staff cell phone service017-2290-418.35-17157.669824253904Staff cell phone service050-1400-414.35-179.039824253904Staff cell phone service050-4200-410.35-173.339824253904Staff cell phone service050-9000-450.35-17411.399824253904Staff cell phone service055-1400-414.35-172.269824253904Staff cell phone service055-4170-450.35-17200.199824253904Staff cell phone service055-4200-410.35-171.669824253904Staff cell phone service010-9600-960.35-1718.589824253904Staff cell phone service010-2500-425.35-171.989824253904Staff cell phone service010-4150-410.21-80301.521244073/1/2019Voyager fleet systems, inc.869158709904Fleet fuel010-4150-410.21-70202.78999.13869158709904Fleet fuel055-4170-450.21-70376.99869158709904Fleet fuel050-9000-450.21-70248.12869158709904Fleet fuel024-3100-431.21-70171.241244083/1/2019Walton, angelaREQUEST 022519Reimburse mileage010-1110-411.31-20102.20102.201244093/8/2019Aarvig & associates, apc34051Defense cost/claim js1701020-2200-419.30-904,373.088,149.8234053Defense cost/claim js1713020-2200-419.30-903,776.741244103/8/2019Abm janitorial services13466095Janitorial srvcs feb 2019010-3100-431.34-052,260.282,260.281244113/8/2019Adlerhorst international, llc inc.102190K-9 handlers course #234010-3100-431.34-125,000.005,000.001244123/8/2019Aflac603329Premium february 2019085-0000-202.21-271,183.201,183.201244133/8/2019Al's kubota tractor1412544" water/trash pump010-4140-410.21-802,936.142,936.141244143/8/2019Alltech industries inc595124Patrol service january'19301-8831-500.34-05211.057,175.90595124Patrol service january'19303-8831-500.34-05211.05595124Patrol service january'19307-8831-500.34-05211.053.A.3.aPacket Pg. 17Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 4Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124414...3/8/2019...Alltech industries inc...595124Patrol service january'19308-8831-500.34-05211.057,175.90...595124Patrol service january'19311-8831-500.34-05211.05595124Patrol service january'19313-8831-500.34-05211.05595124Patrol service january'19320-8831-500.34-05211.05595124Patrol service january'19321-8831-500.34-05211.05595124Patrol service january'19322-8831-500.34-05211.05595124Patrol service january'19325-8831-500.34-05211.05595124Patrol service january'19326-8831-500.34-05211.05595124Patrol service january'19327-8831-500.34-05211.05595124Patrol service january'19329-8831-500.34-05211.05595124Patrol service january'19331-8831-500.34-05211.05595124Patrol service january'19332-8831-500.34-05211.05595124Patrol service january'19338-8831-500.34-05211.05595124Patrol service january'19341-8831-500.34-05211.05595124Patrol service january'19343-8831-500.34-05211.05595124Patrol service january'19345-8831-500.34-05211.05595124Patrol service january'19346-8831-500.34-05211.05595124Patrol service january'19353-8831-500.34-05211.05595124Patrol service january'19355-8831-500.34-05211.05595124Patrol service january'19362-8831-500.34-05211.05595124Patrol service january'19363-8831-500.34-05211.05595124Patrol service january'19376-8831-500.34-05211.05595124Patrol service january'19010-2500-425.34-05211.25595124Patrol service january'19025-7100-410.34-05211.05595124Patrol service january'19025-7100-410.34-05211.05595124Patrol service january'19025-7100-410.34-05211.05595124Patrol service january'19025-7100-410.34-05211.05595124Patrol service january'19025-7100-410.34-05211.05595124Patrol service january'19025-7100-410.34-05211.05595124Patrol service january'19025-7252-410.34-05211.05595124Patrol service january'19010-4200-410.34-05211.051244153/8/2019American fence co. inc.2129448Service provided010-3320-431.34-05715.00815.003.A.3.aPacket Pg. 18Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 5Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124415...3/8/2019...American fence co. inc....2130831Temp fence 2/26-3/25/2019010-3320-431.34-05100.00815.00...1244163/8/2019Amerigas3089152627Propane 531.5 gals010-4150-410.21-704,167.164,167.161244173/8/2019Ana valadezREQUEST 021919Refund water deposit050-0000-229.08-7019.1019.101244183/8/2019Anady's trophies, inc.1092868 x 10 plaque010-3100-431.21-1070.69118.001094623 2x10 with name & title010-1110-411.21-1047.311244193/8/2019Animal medical center, inc.402169K-9 dental cleaning010-3100-431.34-12245.00245.001244203/8/2019Aramark uniform1450532330Uniform service010-7101-410.21-355.08271.221450532330Uniform service010-7100-410.21-3515.241450532331Floor mat service050-1400-414.34-059.821450532331Floor mat service010-4200-410.34-0516.611450532332Uniform service010-4150-410.21-3516.451450532333Uniform service010-4140-410.21-3515.301450532333Uniform service055-4170-450.21-3520.321450532333Uniform service050-9000-450.21-3536.791450544314Uniform service010-7101-410.21-355.081450544314Uniform service010-7100-410.21-3515.241450544315Floor mat service050-1400-414.34-059.821450544315Floor mat service010-4200-410.34-0516.611450544316Uniform service010-4150-410.21-3516.451450544317Uniform service010-4140-410.21-3515.301450544317Uniform service055-4170-450.21-3520.321450544317Uniform service050-9000-450.21-3536.791244213/8/2019Arrow printing, inc.18495Rubber stamp010-3100-431.36-1037.7137.711244223/8/2019Avaya33118410Ip office phones017-2290-418.40-45580.99580.991244233/8/2019Babcock laboratories, inc.BB91823-0278Iron by icp, manganese050-9000-450.30-90120.00190.00BB91911-0278Coliforms p/a by mmo/mug050-9000-450.30-9070.001244243/8/2019Bank of america, naREQUEST 021919Refund water deposit050-0000-229.08-7046.3146.311244253/8/2019Barba, danielREQUEST 022819Reimburse h/d/v expense010-2500-425.11-90365.02365.021244263/8/2019Bay city electric works,inc.W204341Generator maintenance034-3200-431.33-10259.83259.831244273/8/2019Bcc benefit coordinators corp5717Premium march 2019085-0000-202.21-463,133.913,332.375717Employee supplemt march085-0000-202.21-52198.463.A.3.aPacket Pg. 19Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 6Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total1244283/8/2019Bio-tox laboratories, inc.37341Analysis010-3100-431.34-05579.00579.001244293/8/2019Bmw motorcycles of riverside, inc.6020796Parts, labor024-3100-431.33-502,577.792,577.791244303/8/2019Bowman signs19005Replace missing letter n351-8831-500.34-05242.44242.441244313/8/2019Brenntag pacific, inc.BPI919069Sodium hypochlorite050-9000-450.21-121,995.071,995.071244323/8/2019Byrd industrial electronics203-19Service provided050-9000-450.33-301,006.851,006.851244333/8/2019Calpers supplemental income plansREQUEST 02281902/28/2019 sip # 452544085-0000-202.21-292,975.743,408.19REQUEST 022819Pers repaymt sip # 452544085-0000-202.21-28432.451244343/8/2019Central county united wayREQUEST 022819Contributions feb 2019085-0000-202.21-8054.0054.001244353/8/2019Christine dijohnREQUEST 021919Refund water deposit050-0000-229.08-7047.0747.071244363/8/2019Circle of safe-t, inc.770Pediatric exam010-3100-431.30-90700.00700.001244373/8/2019Core & main lpK194224Fire hydrant & parts050-9000-450.21-122,437.252,437.251244383/8/2019Corky's pest control, inc.1917495Pest control service010-3100-431.34-05125.00125.001244393/8/2019Coyne powersports banning llc50064869Parts, labor024-3100-431.33-503,845.093,215.7750065717Parts return024-3100-431.33-50-629.321244403/8/2019Cr&r incorporatedREQUEST 030519Trash & recycling feb2019059-8052-450.34-0511.7211.721244413/8/2019Crafco inc9401995412Hp asphalt bulk 9.82 tons010-4150-410.21-122,278.652,278.651244423/8/2019Crossflow distributing, inc.71947-020719Drinking water service010-2500-425.21-1019.00186.5071947-022819Drinking water service010-2500-425.21-1037.0071940-020719Drinking water service010-3100-431.21-1081.0071940-022819Drinking water service010-3100-431.21-1049.501244433/8/2019Dave's hauling02252019Trash service feb 2019301-8831-500.34-0540.006,090.0002252019Trash service feb 2019307-8831-500.34-0520.0002252019Trash service feb 2019308-8831-500.34-0580.0002252019Trash service feb 2019311-8831-500.34-05220.0002252019Trash service feb 2019313-8831-500.34-0580.0002252019Trash service feb 2019320-8831-500.34-05120.0002252019Trash service feb 2019321-8831-500.34-0540.0002252019Trash service feb 2019322-8831-500.34-05120.0002252019Trash service feb 2019325-8831-500.34-0580.0002252019Trash service feb 2019326-8831-500.34-0580.0002252019Trash service feb 2019327-8831-500.34-0560.003.A.3.aPacket Pg. 20Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 7Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124443...3/8/2019...Dave's hauling...02252019Trash service feb 2019329-8831-500.34-0560.006,090.00...02252019Trash service feb 2019331-8831-500.34-0560.0002252019Trash service feb 2019332-8831-500.34-0580.0002252019Trash service feb 2019338-8831-500.34-0580.0002252019Trash service feb 2019341-8831-500.34-0540.0002252019Trash service feb 2019343-8831-500.34-0540.0002252019Trash service feb 2019345-8831-500.34-05160.0002252019Trash service feb 2019346-8831-500.34-0560.0002252019Trash service feb 2019353-8831-500.34-0520.0002252019Trash service feb 2019355-8831-500.34-0520.0002252019Trash service feb 2019362-8831-500.34-0520.0002252019Trash service feb 2019363-8831-500.34-05100.0002252019Trash service feb 2019367-8831-500.34-0560.0002252019Trash service feb 2019376-8831-500.34-05480.0002252019Trash service feb 2019025-7252-410.34-0520.0002252019Trash service feb 2019025-7252-410.34-0540.0002252019Trash service feb 2019025-7252-410.34-0520.0002252019Trash service feb 2019025-7252-410.34-0520.0002252019Trash service feb 2019025-7100-410.34-0520.0002252019Trash service feb 2019025-7100-410.34-05100.0002252019Trash service feb 2019025-7100-410.34-05640.0002252019Trash service feb 2019025-7252-410.34-051,120.0002252019Trash service feb 2019025-7100-410.34-0560.0002252019Trash service feb 2019025-7100-410.34-0580.0002252019Trash service feb 2019025-7250-410.34-05140.0002252019Trash service feb 2019010-7100-410.34-0520.0002252019Trash service feb 2019010-3100-431.34-0520.0002252019Trash service feb 2019010-4150-410.34-05320.002152019Cleaned up trash & sand025-7250-410.34-05850.002142019Filled sand bags - basin346-8831-500.34-05400.001244443/8/2019David leonard associates20190301Service provided feb 2019065-0000-201.06-20224.306,073.6020190302Service provided feb 2019065-0000-201.06-20370.203.A.3.aPacket Pg. 21Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 8Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124444...3/8/2019...David leonard associates...20190303Service provided feb 2019065-0000-211.21-015,411.606,073.60...20190304Service provided feb 2019065-0000-201.06-2067.501244453/8/2019Diamond bright dry cleaners7646Dry cleaning service010-1100-411.31-2080.0080.001244463/8/2019Don cruzREQUEST 021919Refund water deposit050-0000-229.08-702.8418.26REQUEST 021919Refund credit balance050-0000-308.09-1015.421244473/8/2019Donald charles coxREQUEST 021919Refund water deposit050-0000-229.08-7020.2020.201244483/8/2019Eastern municipal water districtREQUEST 030519Sewer/trash settlemt feb055-0000-308.07-30-41,400.2283,436.81REQUEST 030519Sewer/trash settlemt feb055-0000-201.20-40124,837.031244493/8/2019Engie services (formerly opterra)13938Monitoring fees jan 2019050-9000-450.34-05334.962,470.2013943Maintenance fees jan 2019050-9000-450.34-05949.5413944Monitoring fees jan 2019050-9000-450.34-05309.2713945Maintenance fees jan 2019050-9000-450.34-05876.431244503/8/2019Enrique torresREQUEST 021919Refund credit balance050-0000-308.09-1080.8580.851244513/8/2019Environmental science associates143288Services january 2019199-9999-425.40-0112,166.2712,166.271244523/8/2019Esgil corporation0055470-INPlan check fee jan 2019011-3300-431.30-902,809.562,809.561244533/8/2019Executive image landscape & maint1Irrigation repairs311-8831-500.34-05475.00550.002Irrigation repairs309-8831-500.34-0575.001244543/8/2019Ez sunnyday landscape1170Irrga valve cks jan 2019309-8831-500.34-0572.003,794.001170Irrga valve cks jan 2019010-7100-410.34-0596.001170Irrga valve cks jan 2019359-8831-500.34-05150.001170Irrga valve cks jan 2019339-8831-500.34-0572.001170Irrga valve cks jan 2019331-8831-500.34-0518.001170Irrga valve cks jan 2019331-8831-500.34-0554.001170Irrga valve cks jan 2019025-7250-410.34-0554.001170Irrga valve cks jan 2019010-7100-410.34-0530.001170Irrga valve cks jan 2019025-7100-410.34-0524.001170Irrga valve cks jan 2019025-7250-410.34-0518.001170Irrga valve cks jan 2019316-8831-500.34-0512.001170Irrga valve cks jan 2019317-8831-500.34-056.001170Irrga valve cks jan 2019025-7250-410.34-056.001170Irrga valve cks jan 2019302-8831-500.34-0524.003.A.3.aPacket Pg. 22Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 9Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124454...3/8/2019...Ez sunnyday landscape...1170Irrga valve cks jan 2019025-7100-410.34-05120.003,794.00...1170Irrga valve cks jan 2019025-7250-410.34-0518.001170Irrga valve cks jan 2019025-7100-410.34-0536.001170Irrga valve cks jan 2019025-7100-410.34-0548.001170Irrga valve cks jan 2019025-7252-410.34-05114.001170Irrga valve cks jan 2019025-7252-410.34-0548.001170Irrga valve cks jan 2019322-8831-500.34-05240.001170Irrga valve cks jan 2019304-8831-500.34-0560.001170Irrga valve cks jan 2019319-8831-500.34-0518.001170Irrga valve cks jan 2019310-8831-500.34-0548.001170Irrga valve cks jan 2019367-8831-500.34-05102.001170Irrga valve cks jan 2019025-7250-410.34-0542.001170Irrga valve cks jan 2019320-8831-500.34-05192.001170Irrga valve cks jan 2019025-7251-410.34-05126.001170Irrga valve cks jan 2019025-7252-410.34-0542.001170Irrga valve cks jan 2019025-7252-410.34-0524.001170Irrga valve cks jan 2019025-7252-410.34-0518.001170Irrga valve cks jan 2019025-7252-410.34-0542.001170Irrga valve cks jan 2019025-7252-410.34-0530.001170Irrga valve cks jan 2019025-7252-410.34-0536.001170Irrga valve cks jan 2019025-7252-410.34-0578.001170Irrga valve cks jan 2019025-7252-410.34-0530.001170Irrga valve cks jan 2019025-7252-410.34-0524.001170Irrga valve cks jan 2019025-7252-410.34-0596.001170Irrga valve cks jan 2019025-7252-410.34-05330.001170Irrga valve cks jan 2019025-7250-410.34-0518.001170Irrga valve cks jan 2019025-7250-410.34-0548.001170Irrga valve cks jan 2019010-7100-410.34-0524.001170Irrga valve cks jan 2019025-7252-410.34-0518.001170Irrga valve cks jan 2019025-7250-410.34-0554.001170Irrga valve cks jan 2019376-8831-500.34-05552.001170Irrga valve cks jan 2019388-8831-500.34-056.003.A.3.aPacket Pg. 23Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 10Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124454...3/8/2019...Ez sunnyday landscape...1170Irrga valve cks jan 2019025-7250-410.34-0530.003,794.00...1170Irrga valve cks jan 2019301-8831-500.34-05150.001170Irrga valve cks jan 2019301-8831-500.34-05144.001170Irrga valve cks jan 2019368-8831-500.34-0512.001171Irrigation repair322-8831-500.34-0570.001172Irrigation repair025-7250-410.34-0570.001244553/8/2019Fm lock and safe,inc.103429Combination change & keys010-7400-425.33-10323.11323.111244563/8/2019Fritts ford90807Ford 2019 passenger van064-3100-431.40-4530,346.7230,346.721244573/8/2019Frontier communicationsREQUEST 030419Communication service010-3100-431.35-16151.56386.76REQUEST 030419Communication service010-4200-410.35-16187.67REQUEST 030419Communication service010-6500-425.35-1647.531244583/8/2019Gina necochea-corveraREQUEST 021919Refund water deposit050-0000-229.08-7014.7014.701244593/8/2019Grainger9082754749Replacement ups battery050-9000-450.21-12182.16182.161244603/8/2019Hardy & harper inc.REQUEST 021919Refund water deposit050-0000-229.08-70401.29405.67REQUEST 021919Refund credit balance050-0000-308.09-104.381244613/8/2019Hartford life insurance companiesREQUEST 0228192/28/2019, group # 109947085-0000-202.21-291,200.001,200.001244623/8/2019Hemet industrial supply48969Repair of pump hoses050-9000-450.21-1232.62673.5648983Misc hardware, labor010-4140-410.21-12640.941244633/8/2019Hemet valley tool, inc.133798Gloves,hard hats,knee pad010-4140-410.21-35437.25437.251244643/8/2019Home depot credit services1011653Misc supplies010-4140-410.21-12382.42463.966021592Chlorine granules055-4170-450.21-1281.541244653/8/2019Huster, davidREQUEST 022819Reimburse h/d/v expense010-2500-425.11-90270.002,270.00REQUEST 022819BReimb hospital expense010-2500-425.11-902,000.001244663/8/2019Icma retirement trustREQUEST 0228192/28/2019, group # 300434085-0000-202.21-293,330.003,330.001244673/8/2019J. underwoodREQUEST 021919Refund credit balance050-0000-308.09-1029.3829.381244683/8/2019Jaren harrisREQUEST 021919Refund credit balance050-0000-308.09-1059.21153.01REQUEST 021919Refund water deposit050-0000-229.08-7093.801244693/8/2019Jim's backflow service022719-CASEROSRepair backflow device303-8831-500.34-0575.0075.001244703/8/2019John mendeolaREQUEST 021919Refund water deposit050-0000-229.08-7054.0154.011244713/8/2019Kimmell-france property mgmtREQUEST 021919Refund credit balance050-0000-308.09-109.009.001244723/8/2019Mark hockenberryREQUEST 021919Refund credit balance050-0000-308.09-103.573.573.A.3.aPacket Pg. 24Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 11Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total1244733/8/2019Marlene cortesREQUEST 021919Refund water deposit050-0000-229.08-7061.4361.431244743/8/2019Miles construction group incREQUEST 021919Refund water deposit050-0000-229.08-7066.4266.421244753/8/2019Miriam velascoREQUEST 021919Refund water deposit050-0000-229.08-7099.6899.681244763/8/2019Monica lopez & gilberto carbajal jrREQUEST 021919Refund water deposit050-0000-229.08-70152.10152.101244773/8/2019Nacho's automotive electric018674Parts, labor unit 416010-4150-410.33-50356.67356.671244783/8/2019National safety compliance, inc.76742Dqf online fee feb 2019050-9000-450.34-057.5020.0076742Dqf online fee feb 2019010-4150-410.34-055.0076742Dqf online fee feb 2019055-4170-450.34-052.5076742Dqf online fee feb 2019010-7100-410.34-052.5076742Dqf online fee feb 2019010-4140-410.34-052.501244793/8/2019O'reilly auto parts,inc.5531-307259Light, shop towels # 410010-4150-410.33-5021.1021.101244803/8/2019Occupational health center of calif63766578Breath & alcohol test010-1210-412.34-0541.0041.001244813/8/2019Overnight industrial supply,inc.15256500 black liners010-4200-410.21-1030.28679.9615264Nitrile gloves055-4170-450.21-12174.561531512/cs toilet tissue010-4200-410.21-1034.7515321Nitrile gloves010-4140-410.21-1278.5515326Bleach, liners, misc.025-7252-410.34-05180.9115326Bleach, liners, misc.025-7100-410.34-05180.911244823/8/2019Pacific alarm service,inc.R 145589Alarm service march 2019010-6500-425.34-0538.00648.50R 145589Alarm service march 2019010-2500-425.34-05124.00R 145589Alarm service march 2019050-9000-450.34-05191.50R 145589Alarm service march 2019010-4200-410.34-05217.50R 145589Alarm service march 2019010-3100-431.34-0577.501244833/8/2019Pins and needles embroidery1259625 logo shirts199-9999-425.40-011,120.671,120.671244843/8/2019Press enterprise0011233535Legal advertising011-1700-417.36-25360.80565.400011238723Legal advertising010-1110-411.36-25102.300011238728Legal advertising010-1110-411.36-25102.301244853/8/2019Prill, thomasREQUEST 022819Reimburse h/d/v expense010-2500-425.11-9016.3016.301244863/8/2019Probity automotive specialists,inc.13908Parts, labor unit 619010-7100-410.33-5060.79154.5813910Parts, labor unit 620010-7100-410.33-5093.791244873/8/2019R.a.rispalje construction170Remove dirt & mulch376-8831-500.34-05220.504,542.303.A.3.aPacket Pg. 25Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 12Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124487...3/8/2019...R.a.rispalje construction...171 AReplace pots and plants376-8831-500.34-053,382.054,542.30...171 BPlc bollards in concrete329-8831-500.34-05939.751244883/8/2019Ramirez, andyREQUEST 022819AReimburse h/d/v expense010-2500-425.11-9030.0050.00REQUEST 022819BReimburse h/d/v expense010-2500-425.11-9020.001244893/8/2019Randel,travisREQUEST 021919Reimburse h/d/v expense010-2500-425.11-90235.00336.20REQUEST 022719Reimburse supplies purch199-9999-425.40-01101.201244903/8/2019Regional conservation authorityREQUEST 030419Fees for february 2019065-0000-201.08-818,174.648,174.641244913/8/2019Rightway site services, inc.243921Rent/labor 2/6-3/5/2019010-3100-431.34-5082.7882.781244923/8/2019Riverside countyPU0000004596Fleet fuel november 2018050-9000-450.21-70990.294,095.97PU0000004596Fleet fuel november 2018055-4170-450.21-70413.46PU0000004596Fleet fuel november 2018010-4150-410.21-70452.19PU0000004596Fleet fuel november 2018010-4140-410.21-70545.83PU0000004596Fleet fuel november 2018010-7100-410.21-70914.75PU0000004596Fleet fuel november 2018010-7101-410.21-70146.55PU0000004596Fleet fuel november 2018011-3300-431.21-70105.41PU0000004596Fleet fuel november 2018010-3320-431.21-70255.64PU0000004596Fleet fuel november 2018010-3100-431.21-70271.851244933/8/2019Riverside countyPU0000004613Fleet fuel december 2018050-9000-450.21-70858.513,446.95PU0000004613Fleet fuel december 2018055-4170-450.21-70182.44PU0000004613Fleet fuel december 2018010-4150-410.21-70211.60PU0000004613Fleet fuel december 2018010-4140-410.21-70537.70PU0000004613Fleet fuel december 2018010-7101-410.21-70151.35PU0000004613Fleet fuel december 2018010-7100-410.21-70707.59PU0000004613Fleet fuel december 2018011-3300-431.21-70119.36PU0000004613Fleet fuel december 2018010-3320-431.21-70173.17PU0000004613Fleet fuel december 2018010-2500-425.21-7027.15PU0000004613Fleet fuel december 2018010-3100-431.21-70261.23PU0000004613Fleet fuel december 2018010-3100-431.33-50216.851244943/8/2019Riverside county assessor-clerk-01312019Records release jan 2019010-3320-431.30-9056.0056.001244953/8/2019Riverside county sheriff departmentSH0000034731Contract law bp #8010-3100-431.34-04656,626.67753,911.84SH0000034731Contract law bp # 8010-3100-431.34-0618,233.673.A.3.aPacket Pg. 26Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 13Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124495...3/8/2019...Riverside county sheriff department...SH0000034731Contract law bp # 8034-3100-431.34-0479,051.50753,911.84...1244963/8/2019Riverside property managementREQUEST 021919Refund water deposit050-0000-229.08-70139.20139.201244973/8/2019Rodriguez, joelREQUEST 022819Reimburse h/d/v expense010-2500-425.11-9060.3060.301244983/8/2019Rogers,anderson,malody & scott, llp59855Audit services january010-1400-414.30-901,500.002,150.0059855Audit services january010-1400-414.30-90650.001244993/8/2019Rose city label1450076,000 junior police stars010-3100-431.31-20319.86298.00145007Sales tax not charged010-0000-201.20-45-21.861245003/8/2019Row traffic safety inc162504 rain coats010-4150-410.21-35219.15219.151245013/8/2019Savant solutions, inc.SS-0201Infrastructure switches017-2290-418.40-4523,096.2323,096.231245023/8/2019Securtec district patrol, inc.0219-SJAServices february 2019056-4150-410.34-056,480.006,480.001245033/8/2019Seiu local 721REQUEST 022819Employee dues feb 2019085-0000-202.21-431,549.051,644.05REQUEST 022819Cope contributions feb'19085-0000-202.21-4395.001245043/8/2019Southern california edisonREQUEST 030519Electricity service010-4150-410.35-14368.034,149.38REQUEST 030519Electricity service010-6500-425.35-14237.22REQUEST 030519Electricity service010-7100-410.35-1424.18REQUEST 030519Electricity service025-7260-410.35-1432.72REQUEST 030519Electricity service308-8831-500.35-1475.53REQUEST 030519Electricity service311-8831-500.35-14104.16REQUEST 030519Electricity service320-8831-500.35-1450.79REQUEST 030519Electricity service325-8831-500.35-1424.96REQUEST 030519Electricity service327-8831-500.35-1427.92REQUEST 030519Electricity service331-8831-500.35-1479.47REQUEST 030519Electricity service338-8831-500.35-1424.98REQUEST 030519Electricity service339-8831-500.35-1424.87REQUEST 030519Electricity service341-8831-500.35-1425.09REQUEST 030519Electricity service342-8831-500.35-1442.66REQUEST 030519Electricity service343-8831-500.35-1499.55REQUEST 030519Electricity service362-8831-500.35-14156.70REQUEST 030519Electricity service376-8831-500.35-14282.26REQUEST 030519Electricity service359-8831-500.35-14203.41REQUEST 030519Electricity service010-4150-410.35-14396.443.A.3.aPacket Pg. 27Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 14Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124504...3/8/2019...Southern california edison...REQUEST 030519Electricity service010-4150-410.35-14-0.024,149.38...REQUEST 030519Electricity service305-8831-500.35-14263.93REQUEST 030519Electricity service308-8831-500.35-14762.73REQUEST 030519Electricity service311-8831-500.35-14379.47REQUEST 030519Electricity service321-8831-500.35-143.50REQUEST 030519Electricity service323-8831-500.35-143.50REQUEST 030519Electricity service331-8831-500.35-14362.24REQUEST 030519Electricity service343-8831-500.35-143.50REQUEST 030519Electricity service369-8831-500.35-146.99REQUEST 030519Electricity service312-8831-500.35-144.54REQUEST 030519Electricity service321-8831-500.35-146.58REQUEST 030519Electricity service322-8831-500.35-1423.74REQUEST 030519Electricity service323-8831-500.35-146.58REQUEST 030519Electricity service334-8831-500.35-140.71REQUEST 030519Electricity service335-8831-500.35-140.82REQUEST 030519Electricity service336-8831-500.35-140.94REQUEST 030519Electricity service337-8831-500.35-140.53REQUEST 030519Electricity service339-8831-500.35-141.03REQUEST 030519Electricity service342-8831-500.35-140.40REQUEST 030519Electricity service343-8831-500.35-146.58REQUEST 030519Electricity service367-8831-500.35-147.91REQUEST 030519Electricity service369-8831-500.35-1413.16REQUEST 030519Electricity service380-8831-500.35-144.54REQUEST 030519Electricity service388-8831-500.35-144.541245053/8/2019Star auto parts21377510w-30, spark plug050-9000-450.21-1217.9923.37213871Grote lighting unit 500010-4140-410.33-505.381245063/8/2019State of california dept of justice357747Analysis january 2019010-3100-431.34-05315.00315.001245073/8/2019Steno solutions, inc.43187Reports - january 2019010-3100-431.34-0567.7767.771245083/8/2019Stetson engineers inc.1935-1504Services thru 12/31/2018055-4170-450.34-058,075.258,075.251245093/8/2019Sunrise at parkhillREQUEST 022619Reimburse so calif edison322-8831-500.35-14116.40440.41REQUEST 022619Reimburse lhmwd322-8831-500.35-10324.011245103/8/2019Superior ready mix concrete, l.p.2536460 lbs redi mix050-9000-450.21-12228.38228.383.A.3.aPacket Pg. 28Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 15Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total1245113/8/2019The soco group, inc.0637211-INCitgo clarion fm aw 32050-9000-450.21-12686.03686.031245123/8/2019The thomsen company, inc.2019-009Service provided199-9999-425.40-014,020.004,020.001245133/8/2019Time warner cable0604517020119Services 2/11 - 3/10/2019017-2290-418.34-20721.86721.861245143/8/2019Tony's tires021220194 new tires unit 501010-4140-410.33-50727.52939.1002192019Tire patch unit 351050-9000-450.33-5015.0002262019New tire unit 620010-7100-410.33-50196.581245153/8/2019Tres jolie bassREQUEST 021919Refund water deposit050-0000-229.08-7095.0095.001245163/8/2019Verizon wireless9823927000Motor ticket rprt writers024-3100-431.21-9055.5855.581245173/8/2019Villamar property managementREQUEST 021919Refund water deposit050-0000-229.08-706.566.561245183/8/2019West coast arborists, inc144633Tree maintenance service010-4150-410.34-054,398.004,398.001245193/8/2019Western riverside councilREQUEST 030419Fees february 2019065-0000-201.08-8079,857.0079,857.001245203/8/2019Williamson, derekREQUEST 021919Reimburse h/d/v expense010-2500-425.11-90264.52264.521245213/8/2019Windstream (formerly paetec)71050305Communication service010-2500-425.35-161,060.531,060.531245223/8/2019Xerox financial services1517877Copier lease 2/18-3/17/19010-3100-431.34-05214.142,550.651517877Copier lease 2/18-3/17/19010-2500-425.34-052,336.511245233/8/2019Yanez, crystal v.REQUEST 022819Reimburse h/d/v expense010-2500-425.11-90100.00100.001245243/8/2019Yarnall, reneREQUEST 022619Reimburse mileage010-3320-431.31-2040.88102.20REQUEST 022619Reimburse mileage011-3300-431.31-2030.66REQUEST 022619Reimburse mileage011-1700-417.31-2030.661245253/15/2019Adt security services, inc.695273989Alarm srvc 3/22-4/21/2019010-6100-425.34-0544.9944.991245263/15/2019Babcock laboratories, inc.BB90519-0278Coliforms p/a by mmo/mug050-9000-450.30-9070.00140.00BC90460-0278Coliforms p/a by mmo/mug050-9000-450.30-9070.001245273/15/2019Carr, markREQUEST 030519Reimburse parking,mileage102-1400-500.31-20157.70157.701245283/15/2019Cost recovery system, inc.2019-1State mandate claim srvcs010-2500-425.30-906,750.006,750.001245293/15/2019Dewey pest control inc.12499665Pest control srvc mar'19010-2500-425.34-0545.0084.0012511975Pest control srvc mar'19034-3200-431.34-0539.001245303/15/2019Eastern municipal water districtREQUEST 030719Water service025-7100-410.35-10101.606,263.05REQUEST 030719Water service025-7250-410.35-10612.15REQUEST 030719Water service025-7251-410.35-1098.05REQUEST 030719Water service025-7252-410.35-1054.96REQUEST 030719Water service055-4170-450.35-1060.903.A.3.aPacket Pg. 29Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 16Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124530...3/15/2019...Eastern municipal water district...REQUEST 030719Water service034-3200-431.35-10242.526,263.05...REQUEST 030719Water service301-8831-500.35-10268.03REQUEST 030719Water service303-8831-500.35-10151.04REQUEST 030719Water service304-8831-500.35-1016.20REQUEST 030719Water service305-8831-500.35-10193.35REQUEST 030719Water service306-8831-500.35-10123.54REQUEST 030719Water service307-8831-500.35-10192.41REQUEST 030719Water service308-8831-500.35-10210.66REQUEST 030719Water service310-8831-500.35-1021.90REQUEST 030719Water service313-8831-500.35-10180.30REQUEST 030719Water service317-8831-500.35-1016.20REQUEST 030719Water service321-8831-500.35-10101.46REQUEST 030719Water service323-8831-500.35-10182.70REQUEST 030719Water service325-8831-500.35-10161.81REQUEST 030719Water service326-8831-500.35-10541.96REQUEST 030719Water service327-8831-500.35-10150.13REQUEST 030719Water service332-8831-500.35-10349.08REQUEST 030719Water service338-8831-500.35-10196.06REQUEST 030719Water service341-8831-500.35-10148.15REQUEST 030719Water service343-8831-500.35-10452.82REQUEST 030719Water service345-8831-500.35-10461.69REQUEST 030719Water service346-8831-500.35-10252.30REQUEST 030719Water service351-8831-500.35-1094.50REQUEST 030719Water service355-8831-500.35-1018.34REQUEST 030719Water service359-8831-500.35-10124.80REQUEST 030719Water service362-8831-500.35-1061.74REQUEST 030719Water service363-8831-500.35-10189.00REQUEST 030719Water service364-8831-500.35-1016.20REQUEST 030719Water service365-8831-500.35-1060.90REQUEST 030719Water service376-8831-500.35-10136.12REQUEST 030719Water service353-8831-500.35-1019.481245313/15/2019Fedex corporation6-476-68359Delivery service199-9999-425.40-0128.9552.083.A.3.aPacket Pg. 30Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 17Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124531...3/15/2019...Fedex corporation...6-476-68359Delivery service010-1200-412.21-6523.1352.08...1245323/15/2019Frontier communicationsREQUEST 031219Telephone service010-3100-431.35-1680.69215.90REQUEST 031219Telephone service010-6100-425.35-1651.80REQUEST 031219Telephone service050-9000-450.35-1683.411245333/15/2019Home depot credit services1581359Schlage keyless lock034-3200-431.33-10132.36297.942011593Lighting products034-3200-431.33-1082.011041771Tiled glass, 120v ballast034-3200-431.33-1083.571245343/15/2019Image source25AR896458Copies 1/15-2/14/2019010-4200-410.34-05306.222,124.0425AR900618Copies 1/18-2/17/2019010-3100-431.34-0576.3225AR900618Copies 1/18-2/17/2019010-2500-425.34-051,741.501245353/15/2019Iron mountain inc.AMSY681Storage march 2019010-2500-425.30-90142.00142.00AJJY418Code correction010-2500-425.34-05-142.00AJJY418Code correction010-2500-425.30-90142.00AKMG363Code correction010-2500-425.34-05-218.10AKMG363Code correction010-2500-425.30-90218.10ALPS793Code correction010-2500-425.34-05-142.00ALPS793Code correction010-2500-425.30-90142.001245363/15/2019Lake hemet municipal water district03062019Water service / agape322-8831-500.35-1078.08214.7603062019Water srvc / bastille way302-8831-500.35-1052.3403062019Water srvc / gospel dr367-8831-500.35-1041.1103062019Water srvc / washington367-8831-500.35-1043.231245373/15/2019Master care commercial janitorial7274Janitorial srvcs feb 2019010-2500-425.34-051,100.001,100.001245383/15/2019Minuteman press, inc.43946Weekly enrollment notices048-1400-414.36-10162.29416.3643987Weekly enrollment notices048-1400-414.36-10254.071245393/15/2019National safety compliance, inc.76935D.o.t. certified test010-4150-410.34-0588.87185.7476935D.o.t. certified test010-4140-410.34-0588.8777086Annual epn report050-9000-450.34-054.0077086Annual epn report010-3320-431.34-054.001245403/15/2019Nutrien ag solutions,inc(crop prod)38090755Makaze, turf trax blue010-4140-410.21-14489.73979.4738090755Makaze, turf trax blue010-4150-410.21-14489.741245413/15/2019Online information services, inc.915471Utility exchange reports050-1400-414.34-0542.50406.293.A.3.aPacket Pg. 31Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 18Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124541...3/15/2019...Online information services, inc....915471Utility exchange reports055-1400-414.34-0542.50406.29...468300000232Collection service fee050-0000-308.09-10321.291245423/15/2019Pd play, inc.21563Replacement board, labor376-8831-500.34-053,913.973,913.971245433/15/2019Quinn cat, inc.WOA00010907Parts, labor for loader010-4150-410.33-509,216.059,216.051245443/15/2019Rain for rent, inc.1315751Emer water rmvr pump rent346-8831-500.34-052,636.292,636.291245453/15/2019Romeril plumbing & hardware15148Misc plumbing & supplies010-7100-410.21-12206.61776.8215163Misc plumbing & supplies010-7101-410.21-1239.3615164Misc plumbing & supplies010-4150-410.21-12174.7815166Misc plumbing & supplies010-4140-410.21-1250.8815167Misc plumbing & supplies010-7100-410.21-12106.3415168Misc plumbing & supplies050-9000-450.21-12102.0515177Misc plumbing & supplies010-4150-410.21-1275.8115185Misc plumbing & supplies010-7100-410.21-1220.991245463/15/2019San jacinto chamber of commerceEF13Sponsorship010-9600-960.36-151,000.001,000.001245473/15/2019Siemens,inc.5620022319Street light kckdn replac025-7260-410.21-305,857.605,857.601245483/15/2019Southern california edisonREQUEST 031319Electricity service010-2500-425.35-1427.6913,639.05REQUEST 031319Electricity service010-3100-431.35-141,102.76REQUEST 031319Electricity service010-4150-410.35-14116.56REQUEST 031319Electricity service010-6100-425.35-14736.63REQUEST 031319Electricity service010-6500-425.35-1417.36REQUEST 031319Electricity service010-7100-410.35-14169.97REQUEST 031319Electricity service010-7400-425.35-1431.28REQUEST 031319Electricity service025-7100-410.35-14337.64REQUEST 031319Electricity service025-7250-410.35-14434.00REQUEST 031319Electricity service025-7252-410.35-14568.33REQUEST 031319Electricity service025-7260-410.35-14320.66REQUEST 031319Electricity service048-1400-414.34-053,986.56REQUEST 031319Electricity service050-9000-450.35-142,493.12REQUEST 031319Electricity service323-8831-500.35-1473.87REQUEST 031319Electricity service332-8831-500.35-1467.06REQUEST 031319Electricity service351-8831-500.35-1424.18REQUEST 031319Electricity service367-8831-500.35-1449.953.A.3.aPacket Pg. 32Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 19Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124548...3/15/2019...Southern california edison...REQUEST 031319Electricity service368-8831-500.35-1421.9013,639.05...REQUEST 031319Electricity service376-8831-500.35-14142.52REQUEST 031319Electricity service332-8831-500.35-14170.55REQUEST 031319Electricity service010-4150-410.35-14479.61REQUEST 031319Electricity service010-4150-410.35-14-0.03REQUEST 031319Electricity service010-4150-410.35-1479.05REQUEST 031319Electricity service025-7260-410.35-1437.40REQUEST 031319Electricity service309-8831-500.35-142.80REQUEST 031319Electricity service313-8831-500.35-14366.24REQUEST 031319Electricity service315-8831-500.35-143.77REQUEST 031319Electricity service321-8831-500.35-14189.24REQUEST 031319Electricity service323-8831-500.35-14225.69REQUEST 031319Electricity service326-8831-500.35-14842.37REQUEST 031319Electricity service339-8831-500.35-14102.18REQUEST 031319Electricity service342-8831-500.35-149.98REQUEST 031319Electricity service351-8831-500.35-1454.31REQUEST 031319Electricity service354-8831-500.35-143.77REQUEST 031319Electricity service362-8831-500.35-14237.14REQUEST 031319Electricity service368-8831-500.35-1424.70REQUEST 031319Electricity service371-8831-500.35-143.77REQUEST 031319Electricity service373-8831-500.35-143.77REQUEST 031319Electricity service385-8831-500.35-144.16REQUEST 031319Electricity service390-8831-500.35-1427.02REQUEST 031319Electricity service304-8831-500.35-141.81REQUEST 031319Electricity service309-8831-500.35-145.03REQUEST 031319Electricity service310-8831-500.35-140.77REQUEST 031319Electricity service318-8831-500.35-144.62REQUEST 031319Electricity service319-8832-500.35-147.08REQUEST 031319Electricity service324-8831-500.35-144.62REQUEST 031319Electricity service333-8831-500.35-140.45REQUEST 031319Electricity service334-8831-500.35-140.28REQUEST 031319Electricity service335-8831-500.35-140.323.A.3.aPacket Pg. 33Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 20Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124548...3/15/2019...Southern california edison...REQUEST 031319Electricity service336-8831-500.35-140.3713,639.05...REQUEST 031319Electricity service337-8831-500.35-140.21REQUEST 031319Electricity service339-8831-500.35-140.40REQUEST 031319Electricity service342-8831-500.35-140.16REQUEST 031319Electricity service359-8831-500.35-1414.16REQUEST 031319Electricity service372-8831-500.35-144.62REQUEST 031319Electricity service383-8831-500.35-144.621245493/15/2019Staples business advantage, inc.3404849694Credit for return010-2500-425.21-10-14.64962.423404849696Office supplies010-2500-425.21-1088.353404849698Office supplies010-1210-412.21-1091.723404849698Office supplies010-2500-425.21-10179.313404849699Office supplies010-3320-431.21-1057.803404849700Office supplies010-2500-425.21-1029.433404849702Office supplies010-2500-425.21-105.583404849705Office supplies010-2500-425.21-1068.763405448300Credit for return010-3100-431.21-10-147.533405448301Office supplies010-2500-425.21-1048.153405448302Office supplies010-2500-425.21-107.853405448303Office supplies010-2500-425.21-10141.8534055966649Office supplies010-3320-431.21-10216.3534055966649Office supplies010-1210-412.21-1090.1734055966649Office supplies010-2500-425.21-1099.271245503/15/2019Superior ready mix concrete, l.p.23648Fill sand, empty bags010-4150-410.21-121,239.761,239.761245513/15/2019The bank of new york mellon252-2179528Account level base fee042-8501-450.30-901,350.001,350.001245523/15/2019The soco group, inc.0642223-INDyed diesel fuel050-9000-450.21-70452.912,642.970642224-INDyed diesel fuel050-9000-450.21-70333.110642225-INDyed diesel fuel050-9000-450.21-70617.940642226-INDyed diesel fuel050-9000-450.21-70732.060642227-INDyed diesel fuel050-9000-450.21-70217.260642229-INDyed diesel fuel050-9000-450.21-70155.190642230-INDyed diesel fuel050-9000-450.21-70134.501245533/15/2019Time warner cable0543731030119Service 3/10/19-4/9/2019017-2290-418.34-20399.19399.193.A.3.aPacket Pg. 34Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 21Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total1245543/15/2019Time warner cable0604517030119Service 3/11/19-4/10/2019017-2290-418.34-20721.86721.861245553/15/2019Yanez, crystal v.REQUEST 031119Reimburse mileage102-1400-500.31-20107.53107.531245563/22/2019A.m.b. fence incREQUEST 3122019Refund #04286 credit bl010-0000-301.01-6045.0045.001245573/22/2019A+ dental labREQUEST 3122019Refund #03884 credit bl010-0000-301.01-6025.0025.001245583/22/2019Aaron & tiffany espanolREQUEST 3122019Refund #09340 credit bl010-0000-301.01-603.003.001245593/22/2019Acousticraft incREQUEST 3122019Refund #03813 credit bl010-0000-301.01-6035.0035.001245603/22/2019Adolfo & angelica gonzalesREQUEST 3122019Refund #06648 credit bl010-0000-301.01-609.009.001245613/22/2019Advance fire protection incREQUEST 3122019Refund #09910 credit bl010-0000-301.01-6022.5022.501245623/22/2019Advantage septicREQUEST 3122019Refund #03840 credit bl010-0000-301.01-6030.0030.001245633/22/2019Alarmco security systems incREQUEST 3122019Refund #03709 credit bl010-0000-301.01-605.005.001245643/22/2019AliantelREQUEST 3122019Refund #09234 credit bl010-0000-301.01-6018.0018.001245653/22/2019Alvarez engineering incREQUEST 3122019Refund #05940 credit bl010-0000-301.01-6020.0020.001245663/22/2019American forensic nurses, inc.718226 blood draws010-3100-431.34-05330.00330.001245673/22/2019Amerigas3089392816Tank rent 2/1/19-1/31/20010-4150-410.33-30121.76121.761245683/22/2019Anady's trophies, inc.1096213 2 x 10 name plates010-1110-411.21-1047.3147.311245693/22/2019Anaheim refrigeration incREQUEST 3122019Refund #09037 credit bl010-0000-301.01-6040.0040.001245703/22/2019Anthony iaconoREQUEST 3122019Refund #07569 credit bl010-0000-301.01-603.003.001245713/22/2019Aramark uniform1450556511Uniform service010-7100-410.21-3515.24320.591450556511Uniform service010-7101-410.21-355.081450556512Floor mat service050-1400-414.34-059.811450556512Floor mat service010-4200-410.34-0516.621450556513Uniform service010-4150-410.21-3516.451450556514Uniform service010-4140-410.21-3515.301450556514Uniform service055-4170-450.21-3520.321450556514Uniform service050-9000-450.21-3536.791450568470Uniform service010-7100-410.21-3515.241450568470Uniform service010-7101-410.21-355.081450568471Floor mat service050-1400-414.34-059.811450568471Floor mat service010-4200-410.34-0516.621450568472Uniform service010-4150-410.21-3565.821450568473Uniform service010-4140-410.21-3515.303.A.3.aPacket Pg. 35Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 22Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124571...3/22/2019...Aramark uniform...1450568473Uniform service055-4170-450.21-3520.32320.59...1450568473Uniform service050-9000-450.21-3536.791245723/22/2019Arrow printing, inc.185142,000 business cards010-3100-431.36-10127.15591.5518574Window & reg envelopes010-2500-425.21-10464.401245733/22/2019Ashman masonry constructionREQUEST 3122019Refund #07553 credit bl010-0000-301.01-6010.0010.001245743/22/2019Astrum solar incREQUEST 3122019Refund #09134 credit bl010-0000-301.01-6046.0046.001245753/22/2019Avalos, perlaREQUEST 031919Reimburse h/d/v expense010-2500-425.11-90230.00230.001245763/22/2019Az fashionsREQUEST 3122019Refund #07511 credit bl010-0000-301.01-6020.0020.001245773/22/2019Azavar audit,inc.146998Sce audit / #45 0f 48010-1400-414.30-9015.9615.961245783/22/2019Babcock laboratories, inc.BJ80647-0278Credit/ck #123271,11/2/18050-9000-450.30-90-70.00130.00BB92525-0278General physical analysis050-9000-450.30-9030.00BB92526-0278Iron by icp, manganese050-9000-450.30-9030.00BB92575-0278Coliforms p/a by mmo/mug050-9000-450.30-9070.00BC90560-0278Coliforms p/a by mmo/mug050-9000-450.30-9070.001245793/22/2019Bank of america business cardREQUEST 031819Amazon.com010-4200-410.21-1028.212,245.41REQUEST 031819Full source010-7100-410.21-35189.01REQUEST 031819Sales tax not charged010-0000-201.20-45-13.60REQUEST 031819Unique sports010-7100-410.21-12802.74REQUEST 031819Sales tax not charged010-0000-201.20-45-57.74REQUEST 031819Cabelas.com010-4150-410.21-80430.99REQUEST 031819Bni books010-4140-410.21-35204.86REQUEST 031819Bni books010-4150-410.21-35204.85REQUEST 031819Bni books010-7100-410.21-35204.85REQUEST 031819Engineer supply010-7100-410.21-12130.77REQUEST 031819Sales tax not charged010-0000-201.20-45-8.53REQUEST 031819Forester media010-4140-410.31-2079.00REQUEST 031819Dept of pesticide regulat010-4150-410.31-2050.001245803/22/2019Bank of america business cardREQUEST 031819Credit refund010-2500-425.31-20-469.18294.16REQUEST 031819Adams arrangements010-1100-411.21-1035.64REQUEST 031819Municipal mgmt membership010-1200-412.31-2085.00REQUEST 031819Municipal mgmt registra010-1200-412.31-20110.003.A.3.aPacket Pg. 36Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 23Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124580...3/22/2019...Bank of america business card...REQUEST 031819Downtown deli010-2500-425.31-20105.32294.16...REQUEST 031819Little italy / lunch meet010-1200-412.31-2041.73REQUEST 031819League of calif cities010-1100-411.31-2040.00REQUEST 031819League of calif cities010-1200-412.31-2040.00REQUEST 031819League of calif cities010-1100-411.31-2040.00REQUEST 031819Little italy011-1700-417.31-2066.65REQUEST 031819Fredpryor career track010-1200-412.31-20199.001245813/22/2019Bank of america business cardREQUEST 031819Usps.com010-1400-414.21-657.357.351245823/22/2019Bank of america business cardREQUEST 031819Hyatt place065-0000-229.09-13186.32424.26REQUEST 031819Hyatt place065-0000-229.09-13237.941245833/22/2019Bank of america business cardREQUEST 031819Intercont'l sd hotel010-1200-412.31-20296.20296.201245843/22/2019Bank of america business cardREQUEST 031819Icsc booth space registra010-0000-103.12-341,310.002,241.71REQUEST 031819Icsc registration010-9600-960.31-2095.00REQUEST 031819Dropbox017-2290-418.34-05182.79REQUEST 031819Amazon marketplace010-9600-960.21-8061.26REQUEST 031819American airlines010-9600-960.31-20517.00REQUEST 031819American airlines010-9600-960.31-2045.66REQUEST 031819American airlines010-9600-960.31-2030.001245853/22/2019Bank of america business cardREQUEST 031819Gfoa010-1400-414.30-16150.00370.00REQUEST 031819Business of local energy048-1400-414.31-20220.001245863/22/2019Bank of america business cardREQUEST 031819Amazon marketplace010-3100-431.21-8090.5394.40REQUEST 031819Amazon marketplace010-3100-431.21-807.99REQUEST 031819Sales tax not charged010-0000-201.20-45-4.121245873/22/2019Bank of america business cardREQUEST 031819Westin hotel010-1110-411.31-201,129.122,323.06REQUEST 031819Iimc registration010-1110-411.31-20600.00REQUEST 031819American airlines010-1110-411.31-20476.70REQUEST 031819Downtown deli010-1100-411.31-20117.241245883/22/2019Bank of america business cardREQUEST 031819Westin hotel102-1400-500.31-201,009.123,174.05REQUEST 031819Westin hotel102-1400-500.31-201,009.12REQUEST 031819Westin hotel017-2290-418.31-201,009.12REQUEST 031819Monoprice017-2290-418.21-10146.693.A.3.aPacket Pg. 37Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 24Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total1245893/22/2019Bank of america business cardREQUEST 031819Ziprecruiter010-1210-412.36-25-336.752,194.12REQUEST 031819Westin hotel010-1210-412.31-201,149.12REQUEST 031819Ziprecruiter subscription010-1210-412.36-25336.75REQUEST 031819Western region ipma010-1210-412.36-25350.00REQUEST 031819Ipma010-1210-412.36-25300.00REQUEST 031819Shrm010-1210-412.36-25395.001245903/22/2019Bank of america business cardREQUEST 031819Caled010-9600-960.30-16100.001,777.69REQUEST 031819Construction exam center011-3300-431.31-20950.00REQUEST 031819Internat'l code council011-3300-431.21-15232.69REQUEST 031819Grant writing010-3320-431.31-20198.00REQUEST 031819Grant writing011-3300-431.31-20148.50REQUEST 031819Grant writing011-1700-417.31-20148.501245913/22/2019Bank of america business cardREQUEST 031819Amazon marketplace199-9999-425.40-0137.5837.581245923/22/2019Bearcreek heating & air incREQUEST 3122019Refund #04163 credit bl010-0000-301.01-6010.0010.001245933/22/2019Bell roof company incREQUEST 3122019Refund #03935 credit bl010-0000-301.01-6010.0010.001245943/22/2019Best best & krieger, llp03062019Cfd 2 a 2002046-8800-450.30-90775.0449,451.2703062019Total general fund010-1111-411.30-9035,252.0303062019Rate study010-1111-411.30-90110.0003062019Special serv environment011-1700-417.30-9022.5003062019Comc 17-09011-1700-417.30-90127.5003062019Full cap claim unrecoverd010-4140-410.34-06695.2003062019Test claim related unrcvd010-4140-410.34-06110.0003062019Assessment for cfd 2002-1045-8800-450.30-90119.2003062019Cc&r's spdr 17-11065-0000-211.21-01104.0003062019Kpc promenade065-0000-211.21-013,942.5003062019Cado san jacinto llc065-0000-211.21-2085.0003062019Kb homes, the cove065-0000-211.21-31424.0003062019Levee p3 negotiations199-9999-425.40-01462.0003062019Esplanade widening row199-9999-425.40-017,178.3003062019General plan update199-9999-425.40-0144.001245953/22/2019Bj sporting goods, inc.66587Work boots / j. holmes010-4150-410.21-35163.11163.111245963/22/2019Blue mountain backflowREQUEST 3122019Refund #05793 credit bl010-0000-301.01-602.002.003.A.3.aPacket Pg. 38Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 25Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total1245973/22/2019Bne equipment repairREQUEST 3122019Refund #04086 credit bl010-0000-301.01-602.002.001245983/22/2019Bogart masonry incREQUEST 3122019Refund #10173 credit bl010-0000-301.01-605.005.001245993/22/2019Bunni fraser-amburgeyREQUEST 3052019Refund credit balance050-0000-308.09-10996.66996.661246003/22/2019Caceo/ california association of200009061Applic fee, p. st.michel010-3320-431.30-16200.00200.001246013/22/2019Cal state towing6383Towing service376-8831-500.34-05100.00100.001246023/22/2019Calpers supplemental income plansREQUEST 0314193/14/2019, sip# 452544085-0000-202.21-292,864.363,296.81REQUEST 031419Pers repaymt, sip# 452544085-0000-202.21-28432.451246033/22/2019Carlson & associates, llc301Sgc service feb 2019199-9999-425.40-01905.80905.801246043/22/2019Castillo-calderon, isauroREQUEST 031919Reimburse h/d/v expense010-2500-425.11-9074.6374.631246053/22/2019Ced - san jacinto, inc.2983-512500Electrical supply327-8831-500.34-05276.921,162.632983-512501Electrical supplies327-8831-500.34-05885.711246063/22/2019Circle of safe-t, inc.789Sart exam010-3100-431.30-901,200.001,200.001246073/22/2019Convergeone, inc.IE9028686Thinkcentre, 3 yr onsite017-2290-418.40-458,774.738,774.731246083/22/2019Crafco inc9401999188Hp asphalk bulk 10.890 t010-7100-410.21-122,494.252,494.251246093/22/2019Crime scene cleaners20181102Clean up biohazard010-3100-431.34-05450.00450.001246103/22/2019D.m.c. tree care1599Remove alder, clean up025-7251-410.34-05600.007,725.001600Rmve 2 sycamores,clean up025-7251-410.34-051,150.001601Rmve 2 eucalyptus,cleanup025-7251-410.34-051,200.001602Rmve 1 alder & 1 sycamore025-7251-410.34-051,700.001603Prune 5 peppers, clean up351-8831-500.34-052,300.001606Remove 1 pine tree010-4150-410.34-05775.001246113/22/2019Dave's hauling2262019Cleaned up basin307-8831-500.34-05150.006,800.002272019Cleaned up basin329-8831-500.34-05200.002282019Cleaned up basin365-8831-500.34-05100.002282019-STREETSClean major city streets010-4150-410.34-056,000.00312019Easement clean up025-7250-410.34-05350.001246123/22/2019Eichperger, bertrandREQUEST 031219Reimb distrib sys course010-4140-410.31-20149.95149.951246133/22/2019Elite customs constructionEC-LDSC36Maintenance february 2019308-8831-500.34-051,790.0021,718.00EC-LDSC36Maintenance february 2019313-8831-500.34-051,690.00EC-LDSC36Maintenance february 2019321-8831-500.34-051,000.00EC-LDSC36Maintenance february 2019323-8831-500.34-05200.003.A.3.aPacket Pg. 39Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 26Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124613...3/22/2019...Elite customs construction...EC-LDSC36Maintenance february 2019326-8831-500.34-052,050.0021,718.00...EC-LDSC36Maintenance february 2019332-8831-500.34-051,300.00EC-LDSC36Maintenance february 2019343-8831-500.34-053,100.00EC-LDSC36Maintenance february 2019345-8831-500.34-052,000.00EC-LDSC36Maintenance february 2019346-8831-500.34-05730.00EC-LDSC36Maintenance february 2019362-8831-500.34-05320.00EC-LDSC36Maintenance february 2019364-8831-500.34-05240.00EC-VLVECHK36Irriga valve check feb'19308-8831-500.34-05546.00EC-VLVECHK36Irriga valve check feb'19313-8831-500.34-05354.00EC-VLVECHK36Irriga valve check feb'19321-8831-500.34-05246.00EC-VLVECHK36Irriga valve check feb'19323-8831-500.34-0560.00EC-VLVECHK36Irriga valve check feb'19326-8831-500.34-05516.00EC-VLVECHK36Irriga valve check feb'19332-8831-500.34-05270.00EC-VLVECHK36Irriga valve check feb'19343-8831-500.34-05390.00EC-VLVECHK36Irriga valve check feb'19345-8831-500.34-05582.00EC-VLVECHK36Irriga valve check feb'19346-8831-500.34-05270.00EC-VLVECHK36Irriga valve check feb'19362-8831-500.34-05168.00EC-Z8IR36Irrigation repairs308-8831-500.34-05275.00EC-Z13IR36Irrigation repairs313-8831-500.34-05380.00EC-Z21IR36Irrigation repairs321-8831-500.34-05101.00EC-Z26IR36Irrigation repairs326-8831-500.34-05820.00EC-Z23IR36Irrigation repairs323-8831-500.34-0521.00EC-Z32IR36Irrigation repairs332-8831-500.34-05266.00EC-Z43IR36Irrigation repairs343-8831-500.34-05958.00EC-Z45IR36Irrigation repairs345-8831-500.34-05348.00EC-Z46IR36Irrigation repairs346-8831-500.34-05295.00EC-Z62IR36Irrigation repairs362-8831-500.34-05432.001246143/22/2019Esgil corporation0056242-INPlan check fee feb 2019011-3300-431.30-903,718.363,718.361246153/22/2019Ewing incorporation6928170Irrigation supplies010-7100-410.21-1295.7795.771246163/22/2019Executive image landscape & maint3Removal of old irrigation025-7250-410.34-0560.00864.004Removal of boulder010-4140-410.34-05600.005Irrigation valve checks302-8831-500.34-0524.003.A.3.aPacket Pg. 40Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 27Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124616...3/22/2019...Executive image landscape & maint...6Irrigation valve checks331-8831-500.34-0572.00864.00...7Irrigation valve checks025-7100-410.34-0524.008Irrigation valve checks025-7250-410.34-0518.009Irrigation valve checks310-8831-500.34-0548.0010Irrigation valve checks316-8831-500.34-056.0011Irrigation valve checks317-8831-500.34-0512.001246173/22/2019Eyemed vision care163802159Premium march 2019085-0000-202.21-35897.39958.59163802159Cobra retro premium065-0000-201.08-6461.201246183/22/2019Ez sunnyday landscape1168Maintenance february 2019025-7100-410.34-05440.0026,027.001168Maintenance february 2019025-7100-410.34-05630.001168Maintenance february 2019025-7100-410.34-05606.001168Maintenance february 2019025-7250-410.34-0541.001168Maintenance february 2019025-7250-410.34-0563.001168Maintenance february 2019010-7100-410.34-0564.001168Maintenance february 2019025-7250-410.34-0547.001168Maintenance february 2019025-7250-410.34-0549.001168Maintenance february 2019025-7250-410.34-0599.001168Maintenance february 2019025-7250-410.34-0569.001168Maintenance february 2019025-7250-410.34-0575.001168Maintenance february 2019025-7251-410.34-051,000.001168Maintenance february 2019025-7252-410.34-05700.001168Maintenance february 2019025-7252-410.34-05300.001168Maintenance february 2019025-7252-410.34-05475.001168Maintenance february 2019025-7252-410.34-05475.001168Maintenance february 2019025-7252-410.34-05475.001168Maintenance february 2019025-7252-410.34-05475.001168Maintenance february 2019025-7252-410.34-05575.001168Maintenance february 2019025-7252-410.34-05475.001168Maintenance february 2019025-7250-410.34-05100.001168Maintenance february 2019025-7250-410.34-05143.001168Maintenance february 2019302-8831-500.34-05150.001168Maintenance february 2019304-8831-500.34-0522.003.A.3.aPacket Pg. 41Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 28Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124618...3/22/2019...Ez sunnyday landscape...1168Maintenance february 2019025-7252-410.34-052,115.7526,027.00...1168Maintenance february 2019301-8831-500.34-051,900.001168Maintenance february 2019301-8831-500.34-05131.751168Maintenance february 2019316-8831-500.34-0531.001168Maintenance february 2019317-8831-500.34-0541.001168Maintenance february 2019319-8831-500.34-05112.001168Maintenance february 2019320-8831-500.34-05900.001168Maintenance february 2019322-8831-500.34-05800.001168Maintenance february 2019367-8831-500.34-05250.001168Maintenance february 2019025-7250-410.34-05140.001168Maintenance february 2019368-8831-500.34-0532.501168Maintenance february 2019025-7250-410.34-05400.001168Maintenance february 2019331-8831-500.34-05215.001168Maintenance february 2019310-8831-500.34-05150.001168Maintenance february 2019309-8831-500.34-05950.001168Maintenance february 2019309-8831-500.34-05100.001168Maintenance february 2019025-7252-410.34-05500.001168Maintenance february 2019025-7252-410.34-05500.001168Maintenance february 2019025-7250-410.34-05600.001168Maintenance february 2019331-8831-500.34-0560.001168Maintenance february 2019322-8831-500.34-05135.001168Maintenance february 2019320-8831-500.34-05175.001168Maintenance february 2019319-8831-500.34-05200.001168Maintenance february 2019304-8831-500.34-0535.001169Maintenance february 2019010-7100-410.34-05220.001169Maintenance february 2019025-7100-410.34-05320.001169Maintenance february 2019025-7250-410.34-05100.001169Maintenance february 2019025-7250-410.34-05200.001169Maintenance february 2019376-8831-500.34-051,575.001169Maintenance february 2019376-8831-500.34-052,400.001169Maintenance february 2019025-7250-410.34-05200.001169Maintenance february 2019359-8831-500.34-05650.003.A.3.aPacket Pg. 42Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 29Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124618...3/22/2019...Ez sunnyday landscape...1169Maintenance february 2019025-7250-410.34-05225.0026,027.00...1169Maintenance february 2019339-8831-500.34-05100.001169Maintenance february 2019025-7250-410.34-0565.001169Maintenance february 2019025-7252-410.34-05395.001169Maintenance february 2019025-7252-410.34-05295.001169Maintenance february 2019025-7252-410.34-05395.001169Maintenance february 2019025-7252-410.34-05395.001169Maintenance february 2019025-7100-410.34-05195.001169Maintenance february 2019025-7100-410.34-05175.001169Maintenance february 2019388-8831-500.34-05100.001246193/22/2019Fedex corporation6-483-78094Delivery service011-3300-431.21-6528.9528.951246203/22/2019Figueroa, davidREQUEST 031819Reimb distrib sys course010-4140-410.31-20149.95149.951246213/22/2019Gagnepain, johnREQUEST 031319Reimburse lodging,mileage011-1700-417.31-20289.60289.601246223/22/2019Hardy and harper, inc.1Work provided199-9999-425.40-011,811,129.621,720,573.141Retenti0n withheld199-0000-210.20-25-90,556.481246233/22/2019Hartford life insurance companiesREQUEST 0314193/14/2019, group # 109947085-0000-202.21-291,200.001,200.001246243/22/2019Hdl hinderliter de llamas & assoc0030693-INSales tax audit service010-2500-425.30-901,059.871,059.871246253/22/2019Hemet rubber stamp & sign co.inc.203304Self inking stamp010-1110-411.21-1020.4720.471246263/22/2019Hemet valley pipe & supply189774Pressure relieve valves055-4170-450.33-30158.06168.47189790Pressure relieve valves055-4170-450.33-3010.411246273/22/2019Hemet valley tool, inc.133972Light tower bulb010-3100-431.21-5049.57111.42134026Sawzall blades050-9000-450.21-1261.851246283/22/2019Home depot credit services9021934Wet patch, gauging trowel010-6100-425.33-1060.28557.0290219341.5"x 11.25" 10' lumber025-7252-410.34-0530.2690219711.5"x 11.25" 10' lumber025-7252-410.34-0559.4280220021.5"x 11.25" 10' lumber025-7252-410.34-0544.563022245Paint & supplies010-7101-410.21-12362.501246293/22/2019Icma retirement trustREQUEST 0314193/14/2019, group #300434085-0000-202.21-293,370.003,370.001246303/22/2019Image source25AR896458Short paid tax by mistake010-4200-410.34-0523.7323.731246313/22/2019Infosend inc.149638Data process/mail service050-1400-414.34-051,632.593,265.18149638Data process/mail service055-1400-414.34-051,632.593.A.3.aPacket Pg. 43Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 30Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total1246323/22/2019J & m air conditioning (dba)1-4716-1Service call010-6100-425.33-1095.0095.001246333/22/2019James cookREQUEST 3052019Refund water deposit050-0000-229.08-70204.02204.021246343/22/2019Jamie l tellesREQUEST 3052019Refund water deposit050-0000-229.08-7044.7244.721246353/22/2019Jill mccoyREQUEST 3052019Refund water deposit050-0000-229.08-70181.17181.171246363/22/2019Kaiser foundation health plan, inc678729604-0419Premium april 2019085-0000-202.21-399,665.239,944.01678729604-0419Cobra premium april 2019065-0000-201.08-64278.781246373/22/2019Magner, taraREQUEST 031319Meal per diem, reimb uber010-9600-960.31-20172.69172.691246383/22/2019Magner, taraREQUEST 031419Meal per diem010-9600-960.31-2086.0086.001246393/22/2019Matley, loriREQUEST 031319Reimburse parking,mileage011-1700-417.31-20137.88225.88REQUEST 031919Reimburse notary bond010-1110-411.30-1688.001246403/22/2019Meza, ivanREQUEST 031919Reimburse h/d/v expense010-2500-425.11-9068.4768.471246413/22/2019Michael figueroaREQUEST 3052019Refund water deposit050-0000-229.08-70115.47115.471246423/22/2019Minuteman press, inc.44175Weekly enrollment notices048-1400-414.36-10169.58169.581246433/22/2019Monarch landscape llc, inc.9058Maintenance january 2019305-8831-500.34-05650.0027,850.009058Maintenance january 2019306-8831-500.34-05300.009058Maintenance january 2019306-8831-500.34-05100.009058Maintenance january 2019341-8831-500.34-05800.009058Maintenance january 2019341-8831-500.34-05100.009058Maintenance january 2019353-8831-500.34-05400.009058Maintenance january 2019355-8831-500.34-05400.009058Maintenance january 2019365-8831-500.34-05100.009058Maintenance january 2019365-8831-500.34-0575.009058Maintenance january 2019025-7100-410.34-05400.009058Maintenance january 2019025-7250-410.34-05200.009058Maintenance january 2019303-8831-500.34-051,400.009058Maintenance january 2019307-8831-500.34-051,850.009058Maintenance january 2019307-8831-500.34-05100.009058Maintenance january 2019311-8831-500.34-051,300.009058Maintenance january 2019311-8831-500.34-05100.009058Maintenance january 2019325-8831-500.34-05800.009058Maintenance january 2019327-8831-500.34-051,400.003.A.3.aPacket Pg. 44Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 31Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124643...3/22/2019...Monarch landscape llc, inc....9058Maintenance january 2019327-8831-500.34-05100.0027,850.00...9058Maintenance january 2019329-8831-500.34-051,100.009058Maintenance january 2019329-8831-500.34-05100.009058Maintenance january 2019338-8831-500.34-051,900.009058Maintenance january 2019351-8831-500.34-05250.009059Maintenance february 2019305-8831-500.34-05650.009059Maintenance february 2019306-8831-500.34-05300.009059Maintenance february 2019306-8831-500.34-05100.009059Maintenance february 2019341-8831-500.34-05800.009059Maintenance february 2019341-8831-500.34-05100.009059Maintenance february 2019353-8831-500.34-05400.009059Maintenance february 2019355-8831-500.34-05400.009059Maintenance february 2019365-8831-500.34-05100.009059Maintenance february 2019365-8831-500.34-0575.009059Maintenance february 2019025-7100-410.34-05400.009059Maintenance february 2019025-7250-410.34-05200.009059Maintenance february 2019303-8831-500.34-051,400.009059Maintenance february 2019307-8831-500.34-051,850.009059Maintenance february 2019307-8831-500.34-05100.009059Maintenance february 2019311-8831-500.34-051,300.009059Maintenance february 2019311-8831-500.34-05100.009059Maintenance february 2019325-8831-500.34-05800.009059Maintenance february 2019327-8831-500.34-051,400.009059Maintenance february 2019327-8831-500.34-05100.009059Maintenance february 2019329-8831-500.34-051,100.009059Maintenance february 2019329-8831-500.34-05100.009059Maintenance february 2019338-8831-500.34-051,900.009059Maintenance february 2019351-8831-500.34-05250.001246443/22/2019Mullen, arthurREQUEST 031919Reimburse h/d/v expense010-2500-425.11-90236.19236.191246453/22/2019Nbs local government solutions, inc119000119Cfd 2a series 2002046-8800-450.30-90200.002,525.54119000135Cfd 2a series 2002046-8800-450.30-90200.00119000060Cfd 2a series 2002046-8800-450.30-90300.003.A.3.aPacket Pg. 45Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 32Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124645...3/22/2019...Nbs local government solutions, inc...119000062Cfd 2a series 2002046-8800-450.30-90200.002,525.54...219000011Cfd 2002-1 2016045-8800-450.30-901,625.541246463/22/2019O'reilly auto parts,inc.5531-302178Wiper blades055-4170-450.33-5020.15282.695531-306172Wiper blades010-4140-410.33-5021.705531-310380Battery unit 311050-9000-450.33-50108.415531-310708Battery unit 309010-4140-410.33-30132.431246473/22/2019Perma03052019Worker's comp deposit018-0000-103.12-3938,587.5038,587.501246483/22/2019Pins and needles embroidery12608City shirts with logo010-1100-411.30-90866.19866.191246493/22/2019Porfirio martinez sandovalREQUEST 3052019Refund water deposit050-0000-229.08-7042.3742.371246503/22/2019Press enterprise0011243214Legal advertising011-1700-417.36-25234.30783.200011243232Legal advertising010-1110-411.36-25174.900011243746Legal advertising011-1700-417.36-25217.800011245410Legal advertising010-1110-411.36-2577.000011245413Legal advertising010-1110-411.36-2579.201246513/22/2019Pro care landscape services, inc25723Rodent removal service341-8831-500.34-05170.002,800.0025725Rodent control service327-8831-500.34-05330.0025725Rodent control service307-8831-500.34-05450.0025725Rodent control service338-8831-500.34-05450.0025725Rodent control service305-8831-500.34-05230.0025725Rodent control service376-8831-500.34-05360.0025727Rodent control service025-7252-410.34-05230.0025724Rodent service343-8831-500.34-05290.0025726Rodent service308-8831-500.34-05290.001246523/22/2019R.a.rispalje construction173Erosion repair307-8831-500.34-052,925.007,515.65174Gazebo rehab010-6500-425.33-101,202.25175Weed abatement & clean up363-8831-500.34-052,222.00177Place concrete walk329-8831-500.34-05864.00178Fence repair338-8831-500.34-05302.401246533/22/2019Ramirez, andyREQUEST 031919Reimburse h/d/v expense010-2500-425.11-9010.0010.001246543/22/2019Ramona humane society, inc.COSJ022819Shltr & aco srvcs feb '19010-3320-431.34-0521,552.5421,552.541246553/22/2019Randel,travisREQUEST 031319Reimburse parking011-1700-417.31-2030.0030.003.A.3.aPacket Pg. 46Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 33Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total1246563/22/2019Raul varoREQUEST 3052019Refund water deposit050-0000-229.08-70108.69108.691246573/22/2019Rightime home servicesREQUEST 031319Refund permit011-0000-308.06-115.52169.91REQUEST 031319Refund permit011-0000-303.02-21147.68REQUEST 031319Refund permit011-0000-308.06-3016.711246583/22/2019Rightway site services, inc.244927Rent/labor 3/5-4/1/2019010-4200-410.34-05345.45345.451246593/22/2019Riverside county assessor-clerk-02282019Recordings february 2019010-3320-431.30-908.008.001246603/22/2019Riverside county fire department233248Fire protection services010-3200-431.34-04346,822.62876,466.76233248Fire protection services034-3200-431.34-04529,644.141246613/22/2019Rogers,anderson,malody & scott, llp60051Feb 2019, state cntrl rpt010-1400-414.30-903,902.004,682.0060051Indian gaming grant010-1400-414.30-90780.001246623/22/2019Row traffic safety inc16272Welcome to sj & bike path010-4150-410.21-12168.52674.9516272Welcome to sj & bike path025-7252-410.34-05506.431246633/22/2019Scott shaffer12144th of july 2019 logos010-0000-103.12-343,248.003,689.001214Concert series logo010-0000-103.12-34441.001246643/22/2019Scott, patriciaREQUEST 031319Reimburse mileage,parking011-1700-417.31-20137.88137.881246653/22/2019Southern california edisonREQUEST 031919Electricity serivce010-2500-425.35-14842.0724,107.44REQUEST 031919Electricity serivce010-4150-410.35-14146.45REQUEST 031919Electricity serivce010-4200-410.35-14214.36REQUEST 031919Electricity serivce010-7100-410.35-14190.62REQUEST 031919Electricity serivce025-7100-410.35-1450.23REQUEST 031919Electricity serivce025-7252-410.35-1411.13REQUEST 031919Electricity serivce025-7260-410.35-149,747.43REQUEST 031919Electricity serivce034-3200-431.35-14285.55REQUEST 031919Electricity serivce050-9000-450.35-141,301.23REQUEST 031919Electricity serivce065-0000-201.06-0615.82REQUEST 031919Electricity serivce301-8831-500.35-1442.54REQUEST 031919Electricity serivce307-8831-500.35-14362.49REQUEST 031919Electricity serivce308-8831-500.35-1498.47REQUEST 031919Electricity serivce320-8831-500.35-1442.65REQUEST 031919Electricity serivce326-8831-500.35-14346.76REQUEST 031919Electricity serivce329-8831-500.35-1421.313.A.3.aPacket Pg. 47Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 34Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124665...3/22/2019...Southern california edison...REQUEST 031919Electricity serivce345-8831-500.35-14294.7724,107.44...REQUEST 031919Electricity serivce346-8831-500.35-1422.67REQUEST 031919Electricity serivce353-8831-500.35-1448.17REQUEST 031919Electricity serivce355-8831-500.35-1422.82REQUEST 031919Electricity serivce359-8831-500.35-1421.71REQUEST 031919Electricity serivce365-8831-500.35-1429.00REQUEST 031919Electricity serivce376-8831-500.35-145.18REQUEST 031919Electricity serivce348-8831-500.35-1436.22REQUEST 031919Electricity serivce359-8831-500.35-1414.47REQUEST 031919Electricity serivce346-8831-500.35-14260.30REQUEST 031919Electricity serivce010-4150-410.35-142,049.52REQUEST 031919Electricity serivce010-4150-410.35-14-0.03REQUEST 031919Electricity serivce010-4150-410.35-1452.56REQUEST 031919Electricity serivce025-7260-410.35-1446.57REQUEST 031919Electricity serivce301-8831-500.35-145.21REQUEST 031919Electricity serivce302-8831-500.35-14221.59REQUEST 031919Electricity serivce306-8831-500.35-14183.66REQUEST 031919Electricity serivce308-8831-500.35-14574.94REQUEST 031919Electricity serivce309-8831-500.35-14237.19REQUEST 031919Electricity serivce310-8831-500.35-14285.49REQUEST 031919Electricity serivce311-8831-500.35-14176.46REQUEST 031919Electricity serivce314-8831-500.35-149.89REQUEST 031919Electricity serivce316-8831-500.35-1446.84REQUEST 031919Electricity serivce319-8831-500.35-14111.63REQUEST 031919Electricity serivce319-8832-500.35-1426.39REQUEST 031919Electricity serivce322-8831-500.35-14355.50REQUEST 031919Electricity serivce324-8831-500.35-1427.17REQUEST 031919Electricity serivce325-8831-500.35-14519.40REQUEST 031919Electricity serivce327-8831-500.35-14452.87REQUEST 031919Electricity serivce330-8831-500.35-14149.23REQUEST 031919Electricity serivce332-8831-500.35-14489.27REQUEST 031919Electricity serivce333-8831-500.35-14116.473.A.3.aPacket Pg. 48Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 35Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124665...3/22/2019...Southern california edison...REQUEST 031919Electricity serivce334-8831-500.35-140.3524,107.44...REQUEST 031919Electricity serivce335-8831-500.35-1463.34REQUEST 031919Electricity serivce336-8831-500.35-1414.74REQUEST 031919Electricity serivce337-8831-500.35-14147.02REQUEST 031919Electricity serivce339-8831-500.35-140.50REQUEST 031919Electricity serivce340-8831-500.35-1453.73REQUEST 031919Electricity serivce341-8831-500.35-14261.43REQUEST 031919Electricity serivce342-8831-500.35-140.20REQUEST 031919Electricity serivce343-8831-500.35-14541.04REQUEST 031919Electricity serivce345-8831-500.35-14759.80REQUEST 031919Electricity serivce346-8831-500.35-14401.12REQUEST 031919Electricity serivce347-8831-500.35-142.89REQUEST 031919Electricity serivce349-8831-500.35-142.89REQUEST 031919Electricity serivce350-8831-500.35-145.02REQUEST 031919Electricity serivce351-8831-500.35-147.34REQUEST 031919Electricity serivce352-8831-500.35-144.95REQUEST 031919Electricity serivce354-8831-500.35-146.04REQUEST 031919Electricity serivce357-8831-500.35-142.14REQUEST 031919Electricity serivce359-8831-500.35-1415.39REQUEST 031919Electricity serivce360-8831-500.35-1487.41REQUEST 031919Electricity serivce365-8831-500.35-1494.95REQUEST 031919Electricity serivce366-8831-500.35-1422.33REQUEST 031919Electricity serivce367-8831-500.35-1476.21REQUEST 031919Electricity serivce369-8831-500.35-1410.56REQUEST 031919Electricity serivce371-8831-500.35-1411.67REQUEST 031919Electricity serivce373-8831-500.35-149.05REQUEST 031919Electricity serivce374-8831-500.35-142.19REQUEST 031919Electricity serivce375-8831-500.35-1422.07REQUEST 031919Electricity serivce376-8831-500.35-14628.20REQUEST 031919Electricity serivce385-8831-500.35-1420.40REQUEST 031919Electricity serivce386-8831-500.35-1474.13REQUEST 031919Electricity serivce388-8831-500.35-1415.833.A.3.aPacket Pg. 49Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 36Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124665...3/22/2019...Southern california edison...REQUEST 031919Electricity serivce389-8831-500.35-1410.4924,107.44...REQUEST 031919Electricity serivce391-8831-500.35-1421.03REQUEST 031919Electricity serivce308-8831-500.35-144.42REQUEST 031919Electricity serivce319-8832-500.35-147.04REQUEST 031919Electricity serivce327-8831-500.35-147.77REQUEST 031919Electricity serivce330-8831-500.35-146.13REQUEST 031919Electricity serivce340-8831-500.35-144.42REQUEST 031919Electricity serivce346-8831-500.35-144.42REQUEST 031919Electricity serivce350-8831-500.35-147.77REQUEST 031919Electricity serivce351-8831-500.35-1416.08REQUEST 031919Electricity serivce357-8831-500.35-144.42REQUEST 031919Electricity serivce359-8831-500.35-1416.25REQUEST 031919Electricity serivce366-8831-500.35-146.13REQUEST 031919Electricity serivce374-8831-500.35-146.13REQUEST 031919Electricity serivce376-8831-500.35-147.771246663/22/2019Staples business advantage, inc.3407105988Office supplies010-3320-431.21-109.5883.963407105988Office supplies010-2500-425.21-1074.381246673/22/2019Staples credit plan - ch46162Printer, ink, keyboard010-3100-431.21-10538.29538.291246683/22/2019Star auto parts213932Motor oil unit 410010-4150-410.33-5018.3118.311246693/22/2019State of california dept of justice363768Analysis february 2019010-3100-431.34-05105.00105.001246703/22/2019Steno solutions, inc.43202February 2019 reports010-3100-431.34-05632.79683.3743199February 2019 reports010-3100-431.34-0550.581246713/22/2019Sullens, prestonREQUEST 030519Reimburse tuition expense010-2500-425.31-201,767.501,767.501246723/22/2019Sunrise at parkhillREQUEST 031819Reimburse sce322-8831-500.35-14120.85314.57REQUEST 031819Reimburse lhmwd322-8831-500.35-10193.721246733/22/2019Superior ready mix concrete, l.p.26500Fill sand, class ii base050-9000-450.21-12948.30948.301246743/22/2019Time warner cable0055371030219Service 3/10-4/9/2019010-3100-431.34-05279.66279.661246753/22/2019Time warner cable -city hall acct066798501030519Service march 2019017-2290-418.34-20627.68627.681246763/22/2019Tony's tires03042019Tire patch unit 412010-4150-410.33-5015.0015.001246773/22/2019Underground service alert220190663February 2019 tickets055-4170-450.34-05110.65166.4818DSBFEE1105Calif state fee 2018055-4170-450.34-0555.833.A.3.aPacket Pg. 50Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 37Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total1246783/22/2019United healthcare insurance co.,inc0033717582Premium april 2019085-0000-202.21-3948,636.7552,264.750033717582Cobra premium april 2019065-0000-201.08-64907.00REQUEST 031819Cobra premium jan-mar '19065-0000-201.08-642,721.001246793/22/2019Usa blue book818459Over the sock boots050-9000-450.21-3546.5346.531246803/22/2019Vasquez, victorREQUEST 031919Reimburse h/d/v expense010-2500-425.11-9040.0040.001246813/22/2019Xerox financial services1540644Copier lease 3/5-4/4/2019010-4200-410.34-05361.72361.721246823/22/2019Yanez, crystal v.REQUEST 031919Reimburse h/d/v expense010-2500-425.11-90355.66355.661246833/22/2019Yarnall, reneREQUEST 021219Meal per diem010-9600-960.31-2086.0086.001246843/22/2019Youhouse, josephREQUEST 031919Reimburse h/d/v expense010-2500-425.11-90776.50776.501246853/22/2019Zions bank03032019Water loan payment050-8800-450.60-10123,694.56133,187.1603032019Water loan payment050-8800-450.60-159,492.601246863/29/2019Abm janitorial services13591279Janitorial srvce mar 2019010-3100-431.34-052,260.282,260.281246873/29/2019Anady's trophies, inc.10908810 photo plates010-1110-411.21-1097.8897.881246883/29/2019Astorga, dannyREQUEST 031919Reimb memory chip purch010-4150-410.21-1254.3654.361246893/29/2019Bil-den construction co.03142019Install windows in 2 door010-2500-425.33-10783.00783.001246903/29/2019Crossflow distributing, inc.701940-032119Drinking water service010-3100-431.21-1072.00109.00701947-032119Drinking water service010-2500-425.21-1037.001246913/29/2019Eastern municipal water districtREQUEST 032119Water service010-7100-410.35-1020.44546.18REQUEST 032119Water service025-7250-410.35-1060.16REQUEST 032119Water service311-8831-500.35-10298.40REQUEST 032119Water service331-8831-500.35-1076.35REQUEST 032119Water service339-8831-500.35-1015.12REQUEST 032519Water service025-7250-410.35-1060.59REQUEST 032519Water service331-8831-500.35-1015.121246923/29/2019Espinosa, cynthiaREQUEST 032519Reimburse mileage010-1200-412.31-1568.7968.791246933/29/2019Espinosa, cynthiaREQUEST 032519Reimburse tuition expense010-2500-425.31-201,910.941,910.941246943/29/2019Fedex corporation6-490-63416Delivery service010-1110-411.21-65134.83134.831246953/29/2019Frontier communicationsREQUEST 032619Telephone service010-2500-425.35-16111.83224.59REQUEST 032619Telephone service050-9000-450.35-16112.761246963/29/2019Home depot credit services5560877Misc supplies010-4150-410.21-1253.7253.721246973/29/2019Huster, davidREQUEST 022619Meal per diem011-3300-431.31-20165.00165.003.A.3.aPacket Pg. 51Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 38Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total1246983/29/2019MailfinanceN7624604Certified mail update010-2500-425.34-05221.62221.621246993/29/2019Maintenance superintendents assoc.REQUEST 031219Traff control flag course010-4140-410.31-20225.00525.00REQUEST 031219Traff control flag course010-4150-410.31-2075.00REQUEST 031219Traff control flag course010-7100-410.31-2075.00REQUEST 031219Traff control flag course050-9000-450.31-2075.00REQUEST 031219Traff control flag course055-4170-450.31-2075.001247003/29/2019Matley, loriREQUEST 031819Meal per diem010-1110-411.31-2070.0070.001247013/29/2019Matley, loriREQUEST 032019Reimb notary regis fees010-1110-411.30-1668.5068.501247023/29/2019Mullen, arthurREQUEST 032119Reimburse water mgrs bkft050-9000-450.31-2045.0045.001247033/29/2019Riverside countyTL0000014541Code corr, pd ck # 124393025-7100-410.34-05-21,478.1336,852.15TL00000145415 speed limit replacmts010-4150-410.34-0521,478.13TL0000014586Signal light maint/jan19010-4150-410.32-0536,852.151247043/29/2019Riverside, county ofREQUEST 032119Parking fees collected010-0000-304.03-35885.00885.001247053/29/2019Ruiz, crystalREQUEST 032019Meal per diem010-1100-411.31-2065.0065.001247063/29/2019Socal gasREQUEST 032519Gas service010-2500-425.35-12273.19844.41REQUEST 032519Gas service010-6500-425.35-1211.99REQUEST 032519Gas service010-3100-431.35-12200.45REQUEST 032519Gas service010-4200-410.35-12171.34REQUEST 032519Gas service034-3200-431.35-12187.441247073/29/2019Southern california edisonREQUEST 032619Electricity service025-7260-410.35-14133.88377.65REQUEST 032619Electricity service010-4150-410.35-14208.71REQUEST 032619Electricity service010-4150-410.35-14-0.01REQUEST 032619Electricity service347-8831-500.35-143.66REQUEST 032619Electricity service360-8831-500.35-149.48REQUEST 032619Electricity service347-8831-500.35-1410.04REQUEST 032619Electricity service360-8831-500.35-1411.891247083/29/2019Southern california mulch, inc.17746Certified playgrnd chips010-7100-410.21-121,434.7613,122.9817746Certified playgrnd chips313-8831-500.34-05717.3717746Certified playgrnd chips332-8831-500.34-05717.3717645Certified playgrnd chips025-7100-410.34-05790.6917669Certified playgrnd chips025-7100-410.34-05790.693.A.3.aPacket Pg. 52Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 39Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124708...3/29/2019...Southern california mulch, inc....17636Certified playgrnd chips313-8831-500.34-051,973.8113,122.98...17637Certified playgrnd chips307-8831-500.34-051,169.2917642Certified playgrnd chips329-8831-500.34-053,393.5617643Certified playgrnd chips311-8831-500.34-05554.0617644Certified playgrnd chips332-8831-500.34-05790.6917670Certified playgrnd chips301-8831-500.34-05790.691247093/29/2019Staples business advantage, inc.3407681034Office supplies010-1400-414.21-1088.86291.713407681034Office supplies010-3320-431.21-1036.113407681034Office supplies010-2500-425.21-10133.433407681036Office supplies010-2500-425.21-108.473407681037Office supplies010-3320-431.21-1024.841247103/29/2019Time warner cable0541420031719Service 3/27-4/26/2019017-2290-418.34-201,610.481,610.481247113/29/2019Verizon wireless9826232563Staff cell phone service010-1100-411.35-17141.782,120.219826232563Staff cell phone service010-1200-412.35-1727.169826232563Staff cell phone service010-1210-412.35-1725.249826232563Staff cell phone service011-1700-417.35-1752.919826232563Staff cell phone service010-3100-431.35-1726.919826232563Staff cell phone service011-3300-431.35-1739.819826232563Staff cell phone service010-3320-431.35-17351.179826232563Staff cell phone service010-4140-410.35-17146.909826232563Staff cell phone service010-4150-410.35-17217.049826232563Staff cell phone service010-4200-410.35-1754.479826232563Staff cell phone service010-7100-410.35-17211.839826232563Staff cell phone service010-7101-410.35-1791.609826232563Staff cell phone service017-2290-418.35-17156.849826232563Staff cell phone service050-1400-414.35-179.029826232563Staff cell phone service050-4200-410.35-172.809826232563Staff cell phone service050-9000-450.35-17363.339826232563Staff cell phone service055-1400-414.35-172.269826232563Staff cell phone service055-4170-450.35-17177.199826232563Staff cell phone service055-4200-410.35-171.399826232563Staff cell phone service010-9600-960.35-1718.583.A.3.aPacket Pg. 53Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) Warrant RegisterCity of San Jacinto3/31/2019Page 40Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total124711...3/29/2019...Verizon wireless...9826232563Staff cell phone service010-2500-425.35-171.982,120.21...1247123/29/2019Yarnall, reneREQUEST 031519Reimburse mileage010-3320-431.31-2027.5668.90REQUEST 031519Reimburse mileage011-3300-431.31-2020.67REQUEST 031519Reimburse mileage011-1700-417.31-2020.67Total Checks 4,538,359.183.A.3.aPacket Pg. 54Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) CITY OF SAN JACINTOELECTRONIC FUNDS TRANSFER REPORTMarch 1-31, 2019DATE PAYEE AMOUNT REASON3/5/2019 CalPERS311.46 Health Premium3/5/2019 CalPERS24,180.89 Retirement Contributions3/5/2019 CalPERS320.12 Retirement Contributions/Final Check3/14/2019 CalPERS22,944.97 Retirement Contributions3/19/2019 Paymentus 3,285.25 Payment Process Transaction fees for February 20193/25/2019 City of San Jacinto 276.74 Reimburse NEM Cash Outs3/25/2019 Calpine Energy Services 5,500.00 San Jacinto Power - Energy Purchase3/25/2019 High Desert Power Project 15,000.00 San Jacinto Power - Energy Purchase3/25/2019 City of Lancaster 85,012.41 San Jacinto Power - Energy Purchase & Admin Costs3/25/2019 City of Lancaster 92,641.70 San Jacinto Power - Energy Purchase & Admin Costs3/25/2019 Exelon Generation Company, LLC 149,784.72 San Jacinto Power - Energy Purchase3/25/2019 Direct Energy Business Marketing 19,500.00 San Jacinto Power - Energy Purchase3/25/2019 Direct Energy Business Marketing 191,797.58 San Jacinto Power - Energy Purchase610,555.84 3.A.3.aPacket Pg. 55Attachment: Warrant Register March 31, 2019 (Warrants and Disbursements - March 2019) April 16, 2019 TO: City Council REQUESTED BY: Travis Randel, Community Development Director APPROVED BY: Robert A. Johnson, City Manager SUBJECT: KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 RECOMMENDATION: Staff recommends that the City Council: 1. DETERMINE that this proposed Project will not have a significant effect on the environment based on the findings set forth in the case record and ADOPT A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) pursuant to the California Environmental Quality Act (CEQA). 2. ADOPT Resolution 3754 APPROVING General Plan Amendment 16-1 to change the General Plan Land Use Designation from Low Density Residential (LDR) to Community Commercial (CC); and, 3. CONDUCT SECOND READING of Ordinance No. 19-09, APPROVING Change of Zone 16-1 to change the Zoning Designation from Residential Low Density (RLD) to Community Commercial (CC); and, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING ZONE CHANGE 16-1, CHANGING THE ZONING OF THE SUBJECT SITE LOCATED AT THE NORTHWEST CORNER OF MAIN STREET AND THE RAMONA EXRESSWAY FROM RESIDENTIAL LOW (RL) TO GENERAL COMMERCIAL (CG) 4. ADOPT Resolution 3753 APPROVING the Project consisting of (1) Planned Development Permit 18-1; and, (2) Minor Use Permit 16-2 to permit a Senior Housing Development; and, (3) Minor Use Permit 16-3 to permit Service Station; and, (4) Minor Use Permit 16-4 to permit a Drive-Thru Restaurant; and, (5) Tentative Parcel Map 37099 to subdivide the project site into nine (9) parcels; subject to Findings of Fact and Conditions of Approval set forth in the case record based on the recommendation of the Planning Commission. DISCUSSION: On April 2, 2019, the City Council, after holding a Public Hearing, introduced Ordinance 19-09 to approve Zone Change 16-1 to change the Zoning Designation from Residential Low Density 3.A.4 Packet Pg. 56 to Community Commercial and continued the balance of the items to April 16, 2019. The item before the City Council today is for the Second Reading and Adoption of Ordinance 19-09, as well as the Adoption of (1) a Mitigated Negative Declaration and Mitigation Monitoring & Reporting Program (MMRP), (2) Resolution 3754 and (3) Resolution 3753. FISCAL IMPACT: There is no impact to the General Fund since all project costs are borne by the applicant. The KPC Promenade mixed use development will be funded through private capital. Upon occupancy of the project, the City should expect an increase in general fund revenue through an increase in sales taxes as well as Transit Oriented Tax generated by the hotel. ATTACHMENTS: Resolution 3754 - General Plan Amendment Ordinance 19-09 Resolution 3753 - Project Approval Revised Conditions of Approval City Council Staff Report - April 2, 2019 Public Comments Responses to Comments 3.A.4 Packet Pg. 57 STATE OF CALIFORNIA ) RESOLUTION No. 3754 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT 16-01 FROM LOW DESNITY RESIDENTIAL TO COMMUNITY COMMERCIAL FOR THE KPC MIXED USE DEVELOPMENT LOCATED AT THE NORTHWEST CORNER OF MAIN STREET AND THE RAMONA EXPRESSWAY. WHEREAS, Latham Management Group filed an application on May 17, 2016 to amend the General Plan under GPA 16-01 for the KPC Promenade mixed use development, (“Application”). The proposed project is located at the northwest corner of Main Street and the Ramona Expressway, APN 433-030-021 and 025. (“Subject Site”); and WHEREAS, the Application, along with other applications submitted for the Subject Site, would establish the KPC Promenade within the proposed Community Commercial (CC) land use designation of the San Jacinto General Plan; and WHEREAS, the Project, including the Application, was reviewed, studied, and found to not have a significant effect on the environment under the California Environmental Quality Act (“CEQA”) as more fully described in Section 3 below; and WHEREAS, on March 18, 2019 the Planning Commission of the City of San Jacinto (“Commission”) conducted a duly noticed public hearing on the Project, including the Application, at which time all persons wishing to testify in connection with the Project were heard and the Project was comprehensively reviewed; and WHEREAS, on April 2, 2019, the City Council in the City of San Jacinto conducted duly noticed Public hearings on the Application at which time all persons wishing to testify in connection with the Application were heard and the Application was comprehensively reviewed by the City Council; and WHEREAS, on April 16, 2019, the City Council in the City of San Jacinto conducted a second reading of Ordinance 19-09 and the Application was again comprehensively reviewed by the City Council; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED, ordered and determined by the City Council of the City of San Jacinto: Section 1. Based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the administrative record of the written and oral evidence presented to the Planning Commission, and the findings set forth in this Resolution, the City Council approves General Plan Amendment (GPA 16-01); and Section 2. Based on the entire record before the City Council, including the staff report, and all written and oral evidence presented to the City Council, including the staff report, Mitigated Negative Declaration (MND), and the Mitigation Monitoring and Reporting Program (MMRP) the City Council find as follows: 3.A.4.a Packet Pg. 58 Attachment: Resolution 3754 - General Plan Amendment (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM a. The proposed General Plan Amendment (GPA-16-01) to change the Low Density Residential (LDR) designation on the Subject Site to Community Commercial (CC) creates consistency with the proposed Change of Zone to General Commercial (CG), and the Project will further the intent of the General Plan by facilitating development at the intersection of Esplanade Avenue and Palm Avenue. This location is advantageous for development. The Application furthers the intent of the General Plan by meeting the following General Plan goals and policies: LU Policy 1.1: Promotes a land use composition in San Jacinto that provides a balance or surplus between the generation of public revenues and the cost or providing community services and facilities. LU Policy 1.7: Encourages additional retail development to increase sales tax revenues and expand the range of services available to the community. LU Policy 2.1: Assures that new development is complimentary to the existing character of the City. LU Policy 2.4: Ensures that adequate infrastructure and public services are provided in concert with development so that no negative fiscal or service impacts occur as a result of new development. LU Policy 2.7: Locates retail and commercial land uses along major circulation routes at major intersections where there is a maximum access and visibility. LU Policy 2.8: Directs higher density housing and higher intensity employment around commercial uses and job centers near transit nodes and areas served by a well-developed transportation network. b. The proposed General Plan Amendment (GPA-16-01) to change the Low Density Residential (LDR) designation on the subject property to Community Commercial (CC): i. Is internally consistent with all other provisions of the General Plan and any applicable specific plan. ii. Will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. iii. Is integrated and compatible with the Land Use Element in that it provides an appropriate orientation and relationship between land uses within and adjacent to the Subject Site, and promotes orderly development beyond the Subject Site's boundaries because the most intense uses are oriented to the Ramona Expressway while residential uses for seniors and retention basin open space are placed along the western boundary that will buffer adjoining single family residential uses from potential noise, glare, and similar nuisances from commercial activities. Likewise, the Conditions of Approval require a right-to- farm covenant to protect farm land to the north of the Subject Site. iv. Is integrated and compatible with the Circulation Element in that the density and distribution of uses within the Subject Site will generate traffic which is 3.A.4.a Packet Pg. 59 Attachment: Resolution 3754 - General Plan Amendment (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM anticipated and provided for in the Circulation Element because the Subject Site is located at the intersection of Ramona Expressway, an ultimate 6-lane Urban Arterial with restricted access and Main Street, an ultimate 4-lane Major Street. The Project provides a range of uses that enable an internal trip capture and pass by trips. Examples include hotel guests and senior housing residents that begin and end their trips within the Subject Site by dining at restaurants within the Project; and pass by trips where vehicles already on the road that chose to stop at the service station or restaurants enroute to their destination. The Project includes provisions to meet California Calgreen standards by providing accommodations for alternative forms of travel. The Conditions of Approval require a number of circulation improvements to assure that the circulation system maintains the service level required by the General Plan. v. Is integrated and compatible with the Housing Element in that it provides for development consistent with the existing and projected housing needs of the community because it furthers Housing Goal 3, to assist in the development of a housing supply which is affordable to all segments of the community. Specifically, Policy 3.2 which is to “Assist with the development of housing that targets the needs of special populations, including the elderly, disabled, farmworkers and homeless.” and Policy 3.3 which is to “Promote the development of attractive and safe housing to meet community needs”. The Housing Element identifies an average single family household size of 3.34 persons per unit. Under the existing general plan and zoning designations, the Subject Site could generate 112 dwelling units (22.43 net acres times 5 units per acre). The number of dwelling units multiplied by the average household size would generate a population of 375 people. The proposed senior residential development would allow a maximum of 114 dwelling units. Assuming all units were occupied by two people, the population would be 228. vi. Is integrated and compatible with the Conservation Element in that it provides uses which promote the orderly conservation, development, and utilization of natural resources because it provides commercial services in an area of the City lacking these services, serves a residential segment that is underserved in the City, and includes a needed medical care facility to serve the community. The Subject Site contains sensitive wildlife resources where a trapping and relocation program has been approved by the County RCA and state resources agencies, along with a cash endowment to maintain the habitat of the receiving site in perpetuity. vii. Is integrated and compatible with the Open Space Element in that it provides land uses consistent with and that promote the adopted goals and policies for preserving and managing open space within the City because in addition to the payment of development impact fees to mitigate impacts on recreational facilities and open space within the City, the Project includes active recreation facilities associated with the senior residential housing development. viii. Is integrated and compatible with the Noise Element in that it provides a pattern of land uses that minimizes the exposure of community residents to excessive noise because more intense commercial uses are placed along the Ramona Expressway where vehicle noise is greater than allowed for residential uses; 3.A.4.a Packet Pg. 60 Attachment: Resolution 3754 - General Plan Amendment (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM because the senior residential use is placed along the western Project boundary to provide maximum separation between this residential use and traffic noise, while also serving to buffer future adjoining single family residential uses from noise within the development; and because the proposed car wash is subject to further noise attenuation measures under the Conditions of Approval once the type of facility and design is known. ix. Is integrated and compatible with the Safety Element in that it provides an appropriate land use distribution and orientation which protects the community from unreasonable risks associated with seismic, geologic, flood, and wildfire hazards because all future uses will be subject to current building code standards for construction and the technical analysis prepared for the Project do not identify significant safety risks within the Subject Site. x. Is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), and the proposed uses and development of the Property will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. Section 3. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report, the City Council finds that the nature and extent of all dedications, reservations, impact fees, and other exactions are roughly proportionate to the impacts created by the use of the Subject Site as permitted by the Planned Development Permit, the Site Plan and Development Review, and the Minor Use Permits. Section 4. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report, the City Council finds that the Project will comply with CEQA for the following reasons: a. Based upon the information contained in the Initial Study and pursuant to the requirements of CEQA; it has been determined that this Project, with the incorporation of mitigation measures, will not have a significant impact on the environment. The mitigation measures required to reduce or mitigate the impacts of this Project on the environment are included in the Project design and/or the Mitigation Monitoring Program and are included as part of the Mitigated Negative Declaration for this Project. Section 5. Effective Date. This resolution shall become effective on the date on which Ordinance 19-09 For Change of Zone 16-01 becomes effective. Section 6. CEQA. The requirements of the California Environmental Quality Act have been satisfied in that an Initial Study and Mitigated Negative Declaration (together, “IS/MND”) were prepared for the Project, including the General Plan Amendment, Zone Change, and Project and the City Council adopted the MND and the related Mitigation Monitoring and Reporting Program. Section 7. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City Clerk’s office located at 3.A.4.a Packet Pg. 61 Attachment: Resolution 3754 - General Plan Amendment (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 595 S. San Jacinto Avenue, San Jacinto, CA 92583. The custodian for these records is the City Clerk. Section 8. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council on the 16th day of April 2019 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: CITY OF SAN JACINTO: _______________________ Russell Utz, Mayor ATTEST: _____________________ Angela Walton, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP __________________________ Michael J. Maurer, City Attorney 3.A.4.a Packet Pg. 62 Attachment: Resolution 3754 - General Plan Amendment (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM CERTIFICATION State of California ) County of Riverside) ss City of San Jacinto) I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3754 was duly passed, and adopted at a regular meeting of the City Council of the City of San Jacinto on the 16th day of April 2019 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Witness my hand and seal the 16th day of April 2019. _____________________________ Angela Walton, City Clerk City of San Jacinto ATTACHMENTS: Exhibit “A”: General Plan Land Use Designation Change Map 3.A.4.a Packet Pg. 63 Attachment: Resolution 3754 - General Plan Amendment (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM EXHIBIT A: General Plan Land Use Designation Change Map 3.A.4.a Packet Pg. 64 Attachment: Resolution 3754 - General Plan Amendment (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM STATE OF CALIFORNIA ) ORDINANCE NO. 19-09 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING ZONE CHANGE 16-1, CHANGING THE ZONING OF THE SUBJECT SITE LOCATED AT THE NORTHWEST CORNER OF MAIN STREET AND THE RAMONA EXRESSWAY FROM RESIDENTIAL LOW (RL) TO GENERAL COMMERCIAL (CG). WHEREAS, Change of Zone Case No. 16-1 was filed, together with General Plan Amendment 16-1, (”Applications”) for the KPC Promenade project in order to establish a mixed use residential and commercial development; and WHEREAS, the requested Zone Change No. 16-1 would change the zoning designation of the Subject Site from Residential Low (RL) to General Commercial (CG) (the “Zone Change”); and WHEREAS, a Mitigated Negative Declaration for the proposed Project (“MND”) was circulated between February 13 2019 and March 13, 2019; and WHEREAS, the MND analyzed the impacts related to the proposed Zone Change; and WHEREAS, in accordance with Public Resource Code section 21080.3.1, on August 22, 2016, the City sent letters to the California Native American Tribes that had previously requested to be informed by the City through formal notification of proposed projects in the geographic area that is traditionally and culturally affiliated with the tribe, for the purpose of informing these tribes about the Project, and the City provided a 30-day period for the representative of the tribe to request formal consultation; and WHEREAS, in accordance with Government Code Section 62352.3, on August 22, 2016, the City sent letters to the California Native American Tribes that are on the contact list maintained by the Native American Heritage Commission, for the purpose of informing these tribes about the Project and providing a 90-day period for the representative of the tribe to request formal consultation; and WHEREAS, the City received a request for consultation from the Soboba Tribe of Luiseno Indians, which occurred on December 8, 2016 and resulted in mitigation measures included in the Initial Study; and WHEREAS, entitlements for the Project include the Zone Change which requires the Planning Commission to hold a public hearing and recommend to the City Council that the proposed Zone Change be approved, disapproved, or conditionally approved. WHEREAS, on March 8, 2019, the City gave public notice of the Planning Commission public hearing for consideration of the Zone Change by advertising in a newspaper of general circulation; by posting notices at City Hall and by mailing notices to owners of property within 300 feet, of the Project, and to local agencies that provide water, sewage, electricity and schools; and WHEREAS, on March 18, 2019, the Planning Commission conducted a duly-noticed public hearing to consider Project approvals, at which hearing members of the public were 3.A.4.b Packet Pg. 65 Attachment: Ordinance 19-09 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) afforded an opportunity to comment on the Zone Change, and the Planning Commission adopted a resolution recommending that the City Council approve the Zone Change, as conditioned; and WHEREAS, on March 22, 2019, the City gave public notice of the City Council public hearing for consideration of the Zone Change by advertising in a newspaper of general circulation; by posting notices at City Hall; and by mailing notices to owners of property within 300 feet of the Project, and to local agencies that provide water, sewage, electricity and schools; and WHEREAS, on April 2, 2019, the City Council conducted a duly-noticed public hearing and considered evidence concerning the Zone Change. WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Incorporation of Recitals. The above are true and correct and are incorporated herein by reference. Section 2. Findings: The City Council hereby finds that the Zone Change is compatible with the objectives, policies, and General Plan land use programs specified in the General Plan, as amended by the Application, for the following reasons: a. The Zone Change is internally consistent with all other provisions of the General Plan and any applicable specific plan. b. The Zone Change will not be detrimental to the public interest, health, safety, convenience, or welfare of the City as further detailed below. c. The Zone Change is integrated and compatible with the Land Use Element in that it provides an appropriate orientation and relationship between land uses within and adjacent to the Subject Site, and promotes orderly development beyond the Subject Site's boundaries because the most intense uses are oriented to the Ramona Expressway while residential uses for seniors and retention basin open space are placed along the western boundary that will buffer adjoining single family residential uses from potential noise, glare, and similar nuisances from commercial activities. Likewise, the Conditions of Approval require a right-to-farm covenant to protect farm land to the north of the Subject Site. d. The Zone Change is integrated and compatible with the Circulation Element in that the density and distribution of uses within the Subject Site will generate traffic which is anticipated and provided for in the Circulation Element because the Subject Site is located at the intersection of Ramona Expressway, an ultimate 6-lane Urban Arterial with restricted access and Main Street, an ultimate 4-lane Major Street. The Project provides a range of uses that enable an internal trip capture and pass by trips. Examples include hotel guests and senior housing residents that begin and end their trips within the Subject Site by dining at restaurants within the Project; and pass by trips where vehicles already on the road that chose to stop at the service station or restaurants enroute to their destination. The Project includes provisions to meet California Calgreen standards by providing accommodations for alternative forms of travel. The Conditions of Approval require a number of circulation improvements to 3.A.4.b Packet Pg. 66 Attachment: Ordinance 19-09 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) assure that the circulation system maintains the service level required by the General Plan. e. The Zone Change is integrated and compatible with the Housing Element in that it provides for development consistent with the existing and projected housing needs of the community because it furthers Housing Goal 3, to assist in the development of a housing supply which is affordable to all segments of the community. Specifically, Policy 3.2 which is to “Assist with the development of housing that targets the needs of special populations, including the elderly, disabled, farmworkers and homeless.” and Policy 3.3 which is to “Promote the development of attractive and safe housing to meet community needs”. The Housing Element identifies an average single family household size of 3.34 persons per unit. Under the existing general plan and zoning designations, the Subject Site could generate 112 dwelling units (22.43 net acres times 5 units per acre). The number of dwelling units multiplied by the average household size would generate a population of 375 people. The proposed senior residential development would allow a maximum of 114 dwelling units. Assuming all units were occupied by two people, the population would be 228. f. The Zone Change is integrated and compatible with the Conservation Element in that it provides uses which promote the orderly conservation, development, and utilization of natural resources because it provides commercial services in an area of the City lacking these services, serves a residential segment that is underserved in the City, and includes a needed medical care facility to serve the community. The Subject Site contains sensitive wildlife resources where a trapping and relocation program has been approved by the County RCA and state resources agencies, along with a cash endowment to maintain the habitat of the receiving site in perpetuity. g. The Zone Change is integrated and compatible with the Open Space Element in that it provides land uses consistent with and that promote the adopted goals and policies for preserving and managing open space within the City because in addition to the payment of development impact fees to mitigate impacts on recreational facilities and open space within the City, the Project includes active recreation facilities associated with the senior residential housing development. h. The Zone Change is integrated and compatible with the Noise Element in that it provides a pattern of land uses that minimizes the exposure of community residents to excessive noise because more intense commercial uses are placed along the Ramona Expressway where vehicle noise is greater than allowed for residential uses; because the senior residential use is placed along the western Project boundary to provide maximum separation between this residential use and traffic noise, while also serving to buffer future adjoining single family residential uses from noise within the development; and because the proposed car wash is subject to further noise attenuation measures under the Conditions of Approval once the type of facility and design is known. i. The Zone Change is integrated and compatible with the Safety Element in that it provides an appropriate land use distribution and orientation which protects the community from unreasonable risks associated with seismic, geologic, flood, and wildfire hazards because all future uses will be subject to current building code standards for construction and the technical analysis prepared for the Project do not identify significant safety risks within the Subject Site. 3.A.4.b Packet Pg. 67 Attachment: Ordinance 19-09 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) j. The Zone Change is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), and the proposed uses and development of the Property will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. Section 3. Health, Safety and Welfare. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds that the Zone Change promotes the public health, safety, and welfare of the community because it will permit land uses that best reflect community needs and will allow for the most efficient and logical development of the real property. The City Council further finds that the Zone Change is compatible with the uses authorized in, and the regulations prescribed for, the area in which the Subject Site is located; and the Zone Change will not adversely affect the orderly development or the preservation of property values for the property it governs or any other property. Further, the Zone Change will not adversely affect the public health, safety, or welfare in that it does not create nonconformities within remaining portions of the City. Section 4. CEQA. The requirements of the California Environmental Quality Act have been satisfied in that an Initial Study and Mitigated Negative Declaration (together, “IS/MND”) were prepared for the Project, including the Zone Change, and the City Council adopted the MND and the related Mitigation Monitoring and Reporting Program. Section 5. Zone Change. The City Council hereby adopts this Ordinance approving Zone Change 16-1 to change the zoning designation of the Subject Site from Residential Low (RL) to General Commercial (CG) as shown on the Map that is attached to this ordinance as Exhibit “B.” The City of San Jacinto Zoning Map, as amended by this ordinance, shall govern the zoning for the Subject Site. The development of the Subject Site, and all subsequent approvals, shall be in compliance with the Zoning applicable to the Subject Site now or in the future, to the extent other planning, zoning, land use, development, and development approval process regulations adopted by the City are applicable and not inconsistent or in conflict with the zoning designation for the Subject Site. Section 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City Clerk’s office located at 595 S. San Jacinto Avenue, San Jacinto, CA 92583. The custodian for these records is the City Clerk. Section 7. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. Section 8. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption. 3.A.4.b Packet Pg. 68 Attachment: Ordinance 19-09 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Section 9. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Jacinto, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code § 36933. Introduced at a regular meeting of the City Council on the 2nd day of April 2019. 3.A.4.b Packet Pg. 69 Attachment: Ordinance 19-09 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) ORDINANCE NO. 19-09 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 16th day of April 2019, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: CITY OF SAN JACINTO: _______________________ Russell Utz, Mayor ATTEST: _____________________ Angela Walton, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP __________________________ Michael J. Maurer, City Attorney 3.A.4.b Packet Pg. 70 Attachment: Ordinance 19-09 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) CERTIFICATION State of California ) County of Riverside) ss City of San Jacinto) I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Ordinance No. 19-09 was introduced at a regular meeting of the City Council of the City of San Jacinto on the 2nd day of April 2019. Ordinance No. 19-09 was passed, approved, and adopted by the City Council of the City of San Jacinto, California, at a regular meeting of the City Council held on the 16th day of April 2019: AYES: NAYS: ABSENT: ABSTAIN: Witness my hand and seal the 16th day of April 2019. _____________________________ Angela Walton, City Clerk City of San Jacinto ATTACHMENTS: Exhibit “A”: Map of Subject Property Exhibit “B”: Zone Change Map 3.A.4.b Packet Pg. 71 Attachment: Ordinance 19-09 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) EXHIBIT A: Map of Subject Property 3.A.4.b Packet Pg. 72 Attachment: Ordinance 19-09 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) EXHIBIT B: Zone Change Map 3.A.4.b Packet Pg. 73 Attachment: Ordinance 19-09 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) STATE OF CALIFORNIA ) RESOLUTION No. 3753 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING PLANNED DEVELOPMENT PERMIT 18-1, SITE PLAN AND DESIGN REVIEW 16-7, MINOR USE PERMIT 16-2, MINOR USE PERMIT 16-3, MINOR USE PERMIT 16-4 AND TENTATIVE PARCEL MAP 37099 TO ALLOW THE DEVELOPMENT OF A MIXED USE COMMERCIAL AND RESIDENTIAL PROJECT TO BE LOCATED ON VACANT LAND AT THE NORTHWEST CORNER OF MAIN STREET AND THE RAMONA EXPRESSWAY. WHEREAS, Latham Management Group filed applications on May 17, 2016 for: 1) Site Plan and Development Review (SPDR 16-7), 2) Minor Use Permit (MUP 16-2), 3) Minor Use Permit (MUP 16-3), and 4) Minor Use Permit (MUP 16-4) for the KPC Promenade mixed use development. On December 17, 2018, Latham Management Group also filed 5) Planned Development Permit 18-1, and 6) Tentative Parcel Map 37099. The foregoing described applications are referred to herein, collectively, as the “Applications”. The proposed project is located at the northwest corner of Main Street and the Ramona Expressway, APN 433-030-021 and 025. (“Subject Site”); and WHEREAS, the Applications would establish the KPC Promenade within the proposed Community Commercial (CC) land use designation of the San Jacinto General Plan; and WHEREAS, the Applications propose to establish the KPC Promenade, a mixed use commercial and residential project, under a Site Plan and Development Review, Planned Development Permit, and three Minor Use Permits within the proposed General Commercial (CG) Zone; and WHEREAS, the Project was reviewed, studied, and found to not have a significant ef fect on the environment under the California Environmental Quality Act (“CEQA”) as more fully described in Section 3 below; and WHEREAS, on March 18, 2019 the Planning Commission of the City of San Jacinto (“Commission”) conducted a duly noticed public hearing on the Project at which time all persons wishing to testify in connection with the Project were heard and the Project was comprehensively reviewed; and WHEREAS, on April 2, 2019, the City Council in the City of San Jacinto conducted a duly noticed public hearing on the Application at which time all persons wishing to testify in connection with the Application were heard and the Application was comprehensively reviewed by the City Council; and WHEREAS, on April 16, 2019, the City Council in the City of San Jacinto conducted a second reading of Ordinance 19-09 and the Application was again comprehensively reviewed by the City Council; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. 3.A.4.c Packet Pg. 74 Attachment: Resolution 3753 - Project Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) NOW, THEREFORE, BE IT RESOLVED, ordered and determined by the City Council of the City of San Jacinto: Section 1. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings set forth in this Resolution, the City Council approves the following: 1) Planned Development Permit (PDP) 18-1 to allow adjustments to height and parking standards; 2) Site Plan and development Review (SPDR) 16-7 to approve an overall site plan within the CG Zone on the Subject Site; 3) Minor Use Permits (MUP) 16-2 to establish a senior residential project on the Subject Site; 4) (MUP) 16-3 to establish a service station, convenience store and car wash on the Subject Site; 5) (MUP) 16-4 to establish a senior residential development on the Subject Site, and 6) Tentative Parcel Map 37099 to subdivide the property into nine parcels (also referred to herein, collectively, as “the Project”); all subject to the Conditions of Approval. Section 2. Based on the entire record before the City Council, including the staff report, and all written and oral evidence presented to the City Council, including the staff report, Mitigated Negative Declaration (MND), and the Mitigation Monitoring and Reporting Program (MMRP) the City Council finds as follows: a. The proposed Planned Development Permit (PDP 18-1) is: (1) Allowed within the proposed General Commercial (CG) Zone; and (2) Consistent with the intent, goals, policies, actions, and land use designations of the General Plan as amended; and (3) Generally in compliance with all applicable provisions of the Development Code, with adjustments for height and required parking, and relating to both on-site and off-site improvements that are necessary to accommodate flexibility in site planning and property development, and to carry out the purpose, intent, and requirements of Chapter 17.620 of the Development Code and the proposed General Commercial (CG) Zone, including prescribed development standards and applicable design guidelines, except those provisions modified by in compliance with Chapter 17.620; and (4) Ensures compatibility of property uses within the zone and general neighborhood of the proposed development. b. The Site Plan and Design Review (SPDR) 16-7 ensures the Project will: (1) Be in compliance with all of the applicable criteria identified in Subparagraph 17.630.040.C.5 of the Development Code; and (2) Be in keeping with the character of the neighborhood, in terms of the structures general appearance; and (3) Not be detrimental to the harmonious and orderly growth of the City. c. Regarding Minor Use Permits (MUP) 16-2, (MUP) 16-3, and (MUP) 16-4: (1) The proposed uses are consistent with the proposed General Plan; and 3.A.4.c Packet Pg. 75 Attachment: Resolution 3753 - Project Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) (2) The proposed uses are allowed within the General Commercial (CG) Zone and comply with all applicable provisions of the Development Code and Municipal Code as adjusted under PDP Case 18-1; and (3) The design, location, size, and operating characteristics of the proposed activities are compatible with the existing and future land uses in the vicinity; and (4) The Subject Site is physically suitable in terms of: (a) Its design, locations, shape, size, and operating characteristics of the proposed uses; (b) The provision of public and emergency vehicle access; (c) Public protection services; (d) The provision of utilities. d. Regarding Tentative Parcel Map 37099: (1) The proposed division of land is consistent with the Community Commercial (CC) designation of the General Plan; (2) The design and improvement of the proposed division of land is consistent with the Community Commercial (CC) designation of the General Plan; (3) The site of the proposed division of land is physically suitable for the proposed design of the development because it meets the development standards of the proposed General Commercial (CG) Zone; (4) The site of the proposed division of land is physically suitable for the proposed density of the development to serve commercial and residential uses as set forth by the proposed General Commercial (CG) Zone, Planned Development Permit 18-1, and Minor Use Permit 16-2; (5) The design of the proposed division of land and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat as set forth under the Conditions of Approval and the Mitigation Monitoring and Reporting Program; (6) The design of the proposed division of land and the type of improvements are not likely to cause serious public health problems because, and comply with the provisions of the City’s Subdivision Ordinance; (7) Subject to the right-of-way requirements addressed under the Conditions of Approval, the design of the proposed division of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed division of land. e. With implementation of the recommended conditions of approval, the site will not adversely affect the public convenience, health, interest, safety, or general welfare, or 3.A.4.c Packet Pg. 76 Attachment: Resolution 3753 - Project Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) constitute a nuisance, or be materially injurious to the improvements, persons, property, and uses in the vicinity and zone in which the property is located. f. The applicant has agreed in writing to comply with any and all of the conditions imposed by the City in the Combined Conditions of Approval. g. In addition to the above, the City Council incorporates herein by reference, affirms and independently makes all findings made by the Planning Commission as set forth in Planning Commission Resolution No. 19-05. Section 3. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report, the City Council finds that the nature and extent of all dedications, reservations, impact fees, and other exactions are roughly proportionate to the impacts created by the use of the Subject Site as permitted by the Planned Development Permit, the Site Plan and Development Review, and the Minor Use Permits. Section 4. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report, the City Council finds that the Project will comply with CEQA for the following reasons: a. Based upon the information contained in the Initial Study and pursuant to the requirements of CEQA; it has been determined that this Project, with the incorporation of mitigation measures, will not have a significant impact on the environment. The mitigation measures required to reduce or mitigate the impacts of this Project on the environment are included in the Project design and/or the Mitigation Monitoring Program and are included as part of the Mitigated Negative Declaration for this Project. Section 5. Effective Date. This resolution shall become effective on the date on which Ordinance 19-09 For Change of Zone 16-01 becomes effective. Section 6. CEQA. The requirements of the California Environmental Quality Act have been satisfied in that an Initial Study and Mitigated Negative Declaration (together, “IS/MND”) were prepared for the Project, including the General Plan Amendment, Zone Change, and Project and the City Council adopted the MND and the related Mitigation Monitoring and Reporting Program. Section 7. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City Clerk’s office located at 595 S. San Jacinto Avenue, San Jacinto, CA 92583. The custodian for these records is the City Clerk. Section 8. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. 3.A.4.c Packet Pg. 77 Attachment: Resolution 3753 - Project Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) PASSED, APPROVED and ADOPTED at a regular meeting of the City Council on the 16th day of April 2019 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: CITY OF SAN JACINTO: _______________________ Russell Utz, Mayor ATTEST: _____________________ Angela Walton, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP __________________________ Michael J. Maurer, City Attorney 3.A.4.c Packet Pg. 78 Attachment: Resolution 3753 - Project Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) CERTIFICATION State of California ) County of Riverside) ss City of San Jacinto) I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3753 was duly passed, and adopted at a regular meeting of the City Council of the City of San Jacinto on the 16th day of April 2019 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Witness my hand and seal the 16th day of April 2019. _____________________________ Angela Walton, City Clerk City of San Jacinto 3.A.4.c Packet Pg. 79 Attachment: Resolution 3753 - Project Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 1 of 28 CONDITIONS OF APPROVAL SPDR-16-7, PM-37099, PDP 18-1, MUP- 16-2, MUP-16-3, & MUP-16-4 PLANNING COMMISSION HEARING DATE: March 18, 2019 CITY COUNCIL HEARING DATE: April 16, 2019 EXPIRATION DATE: April 16, 2021 APPLICANT: Latham Management Group Mr. Howard Rosenthal 1600 E. Florida Ave, Suite 110 Hemet, CA 92544 (951) 658-2559 Phone howard@rosenthalexcell.com PROJECT LOCATION: Northwest corner of Main Street and Ramona Expressway, (APN 433-130-021 and 025). ACCEPTED AND AGREED TO BY: Howard Rosenthal Date GENERAL CONDITIONS: PLANNING DIVISION General Provisions 1. The approval of this Project, a commercial center and residential development, shall comply with all required development standards of the Development Code , unless as specifically modified under Planned Development Permit Case No. 18-1. 2. The effective date of issuance of this Site Plan Design Review SPDR-16-7 and cases PM-37099, PDP 18-1, MUP-16-2, MUP-16-3, and MUP-16-4, (collectively defined as the “Project”) is April 16, 2019, or on the date approved by the City Council. The approval will lapse if the map has not recorded and improvements have not commenced within two (2) years from the date upon which the approval was granted. 3. All cases associated with the Project, this case, SPDR-16-7 and cases PM-37099, PDP-18-1, MUP-16-2, MUP-16-3, and MUP-16-4 shall have the same effective date and expiration date. Therefore, these cases will become null and void, if the map has not recorded and if not constructed, on or before April 16, 2021 (two calendar years from the effective date), unless a time extension is approved by the City’s applicable review authority. Applications for time extensions must be received prior to the expiration date. 4. The developer/applicant or successor in interest is advised that the businesses or uses which this Project is granted cannot be legally conducted on the subject 3.A.4.d Packet Pg. 80 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 2 of 28 property until all conditions of approval of this case, SPDR-16-7 and cases PM- 37099, PDP 18-1, MUP-16-2, MUP-16-3, and MUP-16-4, have been met to the satisfaction of the Planning Department. 5. The developer/applicant or successor in interest agrees to indemnify, hold harmless, and defend the City, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this permit, and any approvals associated with the Project, including, without limitation, any CEQA review or approval, except to the extent caused by the negligence of the City. 6. The developer/applicant or successor in interest shall pay any outstanding planning application or processing fees within ten (10) days of City’s request therefor and prior to permits being exercised. Failure to do so will be grounds for revocation of the Site Plan Design Review SPDR-16-7 and all associated cases PM-37099, PDP 18-1, MUP-16-2, MUP-16-3, and MUP-16-4. 7. The Minor Use Permit for the senior housing apartments, service station/convenience store, and/or a restaurant may be revoked if the use is operated or maintained in violation of any law or in a manner that constitutes a verified nuisance or adversely affect the public health, safety, or welfare. 8. All plans submitted to the City shall be in substantial conformance with the plans in this approval as conditioned. This condition applies to site plans, grading plans, landscape plans, building plans, elevations, and all other illustrations, text, or plans submitted to the City in connection with the Project. 9. No permits (i.e., grading, building, landscaping, signs, etc.) shall be issued until Parcel Map 37099 has recorded, and a copy of the recorded map and the covenant are provided to the City Planning Division. 10. Proposed signs shown on the site plan and elevations are not approved with this application. A Master Sign Program application shall be filed and processed with the City before any permits for signs shall be issued. The Master Sign Program shall address free-standing signs, building signs, and directional signs. All signage shall be consistent with and in conformance with the City sign ordinance . 11. A copy of all pages of these conditions shall be included in the construction drawing packages for grading plans, building plans, and landscape and irrigation plans. 12. If not already completed, the developer/applicant or successor in interest shall submit a single check to the City, made payable to the Riverside County Clerk, in the amount of $2,330.75, for the payment of State Fish and Game Fees ($2,280.75) and the County Recorder handling fee ($50.00) for filing of the Notice of Determination (NOD). In accordance with Section 711.4 of the State Fish and Game Code, no project shall be operative, vested, or final until the filing fees have been paid. The City will record the NOD and provide a copy of the NOD and receipt to the applicant. 3.A.4.d Packet Pg. 81 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 3 of 28 13. No provision is made under this Project for the sale of alcoholic beverages. A separate Conditional Use Permit application must be approved by the City for any form of alcoholic sales. 14. Change of Zone 16-01 which establishes the Commercial General Zone and Residential High Zone for the Project must be effective prior to an issuance of a Certificate of Occupancy for any and all uses requiring that Zone. Site Plan and Development Review Case 16-7 15. Fence and wall plans shall comply with the City Fence Guidelines and be subject to review and approval of the Planning Department. A separate application and filing fee is required The Conceptual Landscape and Fencing Plan shall be revised to reflect the following: a. A specification for masonry walls shall be submitted for Planning Department approval. b. The arced portion of the wrought iron fence located on the south side of the senior apartments shall be converted to a masonry wall f or security and to avoid glare from vehicle lights. c. Wrought iron fencing shall be extended along the east boundary of the retention basin extending from the perimeter wall to the wrought iron access gate. 16. All landscaped and revegetated areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. Any graded areas that remain undeveloped shall be maintained to prevent wind and soils erosion. 17. All existing and new utilities adjacent to and on the site shall be located underground as per City of San Jacinto Municipal Code 15.32. 18. Parking for vehicles, including handicapped parking spaces, and bicycles shall be provided and maintained in accordance with City Ordinance Sections 15.03 and 15.02 (E) as supplemented by the following: a) Pursuant to Chapter 17.620.020 E, the applicant has submitted a KPC Promenade Shared Parking Analysis prepared by TJW Engineering that identifies a peak parking demand off 422 spaces where a minimum of 468 spaces are required. Should parking demand exceed the expectations of the study, it shall be the Developer’s, or his successor’s. responsibility to provide adequate parking. Prior to Tentative Parcel Map 37099 Recordation 19. Pursuant to 16.12.100 – Hearings, of the Subdivision Code, an official copy of the Planning Commission’s action shall be filed with the City Council, and a copy shall 3.A.4.d Packet Pg. 82 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 4 of 28 be transmitted to the land divider who shall file with the Real Estate Commission of the State. 20. The developer/applicant or successor in interest shall prepare CC&Rs for City review and approval. The CC&Rs shall include provisions for maintenance of all common and public areas, reciprocal parking and access, consistent uniform signage and architectural theme, building colors, and materials for the Project, and maintenance responsibilities in the event any assessment district is reduced or eliminated. The City shall be a third-party beneficiary with the right to enforce its interests in the CC&Rs. 21. The developer/applicant or successor in interest shall provide draft easement document(s) to establish common access and maintenance provisions within the Project. 22. The designated Remainder Parcel applied to contiguously owned land to the west shall be removed on the final map. 23. The developer/applicant or successor in interest shall annex into the community facilities district providing financing for police and fire protection services. 24. The developer/applicant or successor in interest shall annex into the assessment district providing financing for road maintenance services. 25. Annexation into the required Community Facilities Districts, Assessment Districts, and Landscape/Lighting/Park Maintenance District shall be completed and verified by the City Special Districts administrator. 26. The following note shall be placed on the final map: “The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot.” 27. MM AG-1: The Developer shall record a right-to-farm covenant acknowledging the use of adjoining land for agricultural use and the right for that use to continue. The text of this covenant shall be submitted to City staff for review and approval prior to recording the covenant. Thirty Days Prior to Any Site Disturbance 28. General Plan Amendment 16-1 and Change of Zone 16-1 shall be approved and in effect. 29. A detailed plan shall be provided for City review and approval addressing the disposition of the residual lot located west of the proposed detention basin; and the termination of Cornflower Avenue and Poppy Street stub streets on contiguously owned land to the west of the senior apartments. 30. MM AE-1 Prior to the issuance of any permits, a photometric plan shall be prepared, in accordance with the provisions in Condition 64, for review and approval by the 3.A.4.d Packet Pg. 83 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 5 of 28 Planning Department demonstrating that light spillage will be minimized onto adjoining residential properties. 31. MM PH 1: Prior to the issuance of any permits, a plan shall be provided for the termination and landscaping of Cornflower Avenue and Poppy Street for review and approval by the City Planning and Engineering Departments . 32. MM PS-1: Prior to the issuance of any permits, the availability to provide water service to the proposed development by the City of San Jacinto, including domestic and fire flow supply, shall be confirmed through appropriate testing. In the event that the City cannot provide water service, a water supply service agreement shall be finalized with the Eastern Municipal Water District and constructed in accordance with Condition 143. 33. MM R-1: Prior to the issuance of any permits, detailed landscape and improvements plans shall be submitted for staff review and approval encompassing the exterior recreation and open space serving the senior residential area. These plans shall address fencing locations and materials as well as amenities serving the senior housing and commercial center. 34. MM R-2: Prior to the issuance of any permits, floor plans and additional support information shall be submitted for staff review and approval for interior amenities to demonstrate compliance with Section 17.430.310 of the Development Code. 35. San Bernardino Kangaroo Rat (SBKR) MM BIO-1 SBKR will be relocated to RCA-owned and managed lands following the below approach. Coordination will occur with the RCA and the wildlife agencies during all stages of the relocation process. A. A suitable relocation site for SBKR on existing RCA conserved lands has been preliminarily determined (refer to Figure 5 in the Initial Study). If it is determined that the property illustrated on Figure 5 is not viable for relocation, it will be communicated with the RCA and wildlife agencies so that other lands can be located and evaluated. The following detailed standards regarding the characteristics and quality of the relocation site and “relocation site preparation” will be included/performed: 1. The relocation site shall be assessed for species suitability, and include suitable vegetation, cover, soils, etc. The relocation site should match as closely as possible (or better) the current habitat conditions found on the project site. 2. The relocation site shall be trapped and determined unoccupied by SBKR. If occupied, a different location shall be chosen for reloca tion in coordination with the RCA and wildlife agencies. 3. The relocation site will need to be determined suitable, but any deficiency or factor limiting the presence of SBKR will need to be identified and resolved prior to relocation. For example, if it is determined that weed cover 3.A.4.d Packet Pg. 84 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 6 of 28 is the likely factor causing absence of the SBKR, weed control would need to be implemented by the applicant’s team just prior to relocation. 4. The relocation site shall be adjacent to an area with existing SBKR presence. 5. The relocation site must be conserved in perpetuity. B. Only an approved qualified small mammal expert with experience in small mammal relocation will be contracted to handle the pre-construction on-site trapping, tagging captured individuals, noting specific details regarding distribution and spacing, relocation efforts, and monitoring. C. Pre-construction trapping efforts will assist in gathering other pertinent details regarding SBKR distribution and thus support the relocation of individuals similar to their existing on-site distribution. D. The implementation of soft release techniques, such as possible use of hacking cages and installation of temporary artificial burrows, shall be necessary to aid in success of the relocated individuals. E. The applicant shall coordinate with RCA regarding the following: 1. Funding of RCA’s long-term maintenance (e.g., weed control) of the relocation site. 2. Funding to RCA to support long-term monitoring of the relocated SBKR. F. The project proponent shall commit to prepare a detailed “Small Mammal Relocation Site Preparation, Trapping, and Relocation Plan”, and that it will include, at a minimum, the information presented above as well as provide additional specific actions as they become known in coordination with RCA and the Wildlife Agencies. The Plan will be approved by the RCA and wildlife agencies prior to relocation efforts. G. If additional or alternate form(s) of mitigation to what is presented above for SBKR, is deemed necessary and approved by the RCA and wildlife agencies, at the completion of the mitigation a DBESP Addendum Letter will be provided to the RCA and wildlife agencies as part of the administrative record for the project. 36. Los Angeles Pocket Mouse MM BIO-2 Mitigation for 3.7 acres of permanent impacts to LAPM will be in the form of fee payment at $14k/acre provided to the RCA for Geller #2 Phase 3 conservation land. Geller #2 Phase 3 is a 40 -acre parcel (APN 583-180-001) on upper Temecula Creek occupied by LAPM. If additional or alternate form(s) of mitigation to what is presented here for LAPM is deemed necessary and approved by the RCA and wildlife agencies, at the 3.A.4.d Packet Pg. 85 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 7 of 28 completion of the mitigation a DBESP Addendum Letter will be provided to the RCA and wildlife agencies as part of the administrative record for the project. Prior to Grading Permit Issuance Stephens Kangaroo Rat: 37. MM BIO-3 The Project is required to pay the Stephens Kangaroo Rat fee required under the Long-Term Stephens Kangaroo Rat Habitat Conservation Plan. 38. MM CR-1: Prior to grading permit issuance the developer shall retain a qualified archaeologist and a Native American Monitor to prepare an Archaeological Mitigation and Monitoring Plan (AMMP). The AMMP shall include the monitoring of all ground disturbing activities and shall include protocol for the mitigation and significance testing of inadvertent archaeological finds. 39. MM CR-2: In the event that any archaeological material is encountered during the monitoring, the archaeologist and Native American Monitor shall have the authority to halt and redirect earthmoving activities within 50 -feet of the find, so that appropriate mitigation measures can be undertaken in order to test and evaluate the significance of the find in accordance with MM CR-1. 40. MM CR-3: Prior to grading permit issuance the developer shall enter into a Treatment and Disposition Agreement (TDA) with the Soboba Band of Luiseño Indians to address treatment and disposition of archaeological/cultural resources and human remains associated with Soboba Band of Luiseño Indians that may be uncovered or otherwise discovered during ground disturbing activities related to the project. The TDA may establish provisions for tribal monitors. 41. MM CR-4: In the event of the discovery of human remains, the County coroner shall be immediately notified. If human remains of Native American origin are discovered during ground-disturbing activities, the applicant shall comply with the state relating to the disposition of Native American burials that fall within the jurisdiction of the NAHC (PRC Section 5097). According to California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100), and disturbance of Native American cemeteries is a felony (Section 7052). Section 7050.5 requires that excavation be stopped in the vicinity of discovered human remains until the coroner can determine whether the remains are those of a Native American. If the remains are determined to be Native American, the California Native American Heritage Commission and the Soboba Band of Luiseño Indians shall be notified and appropriate measures provided by State law shall be implemented to determine the most likely living descendant(s). Disposition of the remains shall be overseen by the most likely living descendants to determine the most appropriate means of treating the human remains and any associated grave artifacts. 3.A.4.d Packet Pg. 86 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 8 of 28 Paleontological Resources 42. MM CR-5 A Paleontological Resource monitoring Program (PRMP) shall be designed for project construction. The PRMP should include protocol for monitoring of excavations having the potential to disturb Pleistocene sediments, testing of sediments for microvertebrate fossils, preparation and curation of specimens collected, and preparation of a final report in accordance with the guidelines of Society Vertebrate Paleontology 43. The developer/applicant or successor in interest shall submit three (3) copies of a comprehensive grading plan at 40-scale for review and approval to the Engineering Department with any required fee and one (1) copy to the Project Planner. The plan shall comply with the Uniform Building Code, Chapter 70, City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. The plan shall be drawn on 24" X 36" Mylar by a registered civil engineer. A copy of all pages of these conditions shall be included in the plans. 44. A geotechnical engineering report shall be submitted to the City Engineer prior to issuance of a grading permit, and all requirements identified in the report shall be met. The report must be prepared by a California licensed geotechnical engineer or civil engineer skilled in soils/foundation investigations and shall be submitted for review by the Building & Safety Department prior to the issuance of grading or building permits. All requirements identified in the report shall be met. 45. A grading permit shall be obtained from the City of San Jacinto prior to the commencement of any grading outside of the City-maintained road right-of-way. The grading plan shall also address the following: a) Conform to the Site Plan for SPDR 16-7 b) Correct rights-of-way and setbacks along the Ramona Expressway. c) Contain the retention basin slopes within the project boundary. d) Correct street section details to reflect actual slope conditions at the site. 46. Grading and public improvements shall be installed in accordance with City standards and specifications. The tops of all graded slopes shall be at the property line. 47. MM AQ-1 The project is required during grading to limit the daily disturbance area of 5 acres or less. 48. The grading plan shall include the following, for Planning approval: a) An ADA path of travel enhanced with decorative paving, stamped concrete, pavers, or another material differentiating the walk from the asphalt parking area as approved by Planning and Community Development Director. 3.A.4.d Packet Pg. 87 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 9 of 28 b) A public sidewalk with special decorative paving accents where crossed by driveway entrances to parking lots. c) Parking areas surfaced with Portland-Cement Concrete paving to a minimum 4-inch thickness over native soil compacted to 95% compaction or asphalt concrete with 2½ inch thickness over 4 inches of Class II aggregate base compacted to 95% relative compaction, or as approved by the City Engineer. 49. The following notes shall be placed on the grading plan and shall be enforced. a) MM N-1: Construction operations must follow the City’s General Plan and the Noise Ordinance, which states that construction, repair or excavation work performed must occur within the permissible hours. To further ensure that construction activities do not disrupt the adjacent land uses, the following measures should be taken: 1. Construction should occur during the permissible hours as defined in Section 8.40.090, that is Monday through Saturday between the hours of 7:00 a.m. and 7:00 p.m. No construction shall take place on Sundays or any Federal holiday. 50. The development shall be subject to all provisions of City of San Jacinto Ordinance Number 13.44, which establishes Urban Stormwater Runoff Management and discharge controls to improve Water Quality and comply with Federal/State Regulations and any subsequent amendments, revisions or ordinances pertaining thereto. 51. A final Water Quality Management Plan (WQMP) shall be submitted and approved, including a project description, and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The Water Quality Management Plan shall identify the structural and non-structural measures consistent with the City’s adopted requirements. 52. The development shall be subject to all provisions of City of San Jacinto Ordinance Number 13.44, which establishes Urban Stormwater Runoff Management and discharge controls to improve Water Quality and comply with Federal/State Regulations and any subsequent amendments, revisions or ordinances pertaining thereto. 53. The proposed site design BMPs selected for this project have been approved in concept as a Master WQMP. The individual parcels shall submit Final WQMP Addendums including plans and details providing the elevations and slopes of the three bio-retention basins, the detention basin and other details for the proposed structural BMPs. The Public Works Department shall review and approve the Final WQMP document, plans and details. The property owners will also provide signed agreements presenting shared responsibilities for the BMP maintenance. 3.A.4.d Packet Pg. 88 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 10 of 28 54. The developer/applicant or successor in interest shall prepare a Stormwater Pollution Prevention Plan (SWPPP) and obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger’s Identification Number) shall be submitted to the City for coverage under the National Pollutant Discharge Elimination System General Construction Permit. 55. The developer/applicant or successor in interest shall be required to submit a construction site safety plan to be approved by the Police and Planning Departments providing adequate security measures such as lights, video cameras, vehicle transponders, locks, alarms, trained security personnel, fencing etc. The nature of the measures will depend on the specific requirements of the site and may vary with the different stages of construction. The developer shall be responsible for the compliance of all sub-contractors working on the site. Monitor During Any Earthmoving Activity 56. The following notes shall be placed on the grading plan and shall be enforced. a). During construction, the contactor shall ensure all construction equipment is equipped with appropriate noise attenuating devices. b). The contractor should locate equipment staging areas that will create the greatest distance between construction-related noise/vibration sources and sensitive receptors nearest the project site during all project construction. c). Idling equipment should be turned off when not in use. d). Equipment shall be maintained so that vehicles and their loads are secured from rattling and banging. 57. The site shall be watered on an on-going basis to control dust during construction and grading. 58. There shall be regular street sweeping and cleanup of adjacent streets to minimize the amount of dust put into the air from motor vehicle travel. 59. Mud and dirt shall be removed from construction equipment and vehicles prior to leaving the site to ensure they do not spread dirt into the street. 60. Trucks hauling soil, dirt or other emissive materials shall have their loads covered with a tarp or other protective cover. 61. Suspend all grading activities when wind speeds exceed 25 miles per hour. 62. Enforce a 15 mile per hour speed limit on unpaved portions of the construction site. 3.A.4.d Packet Pg. 89 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 11 of 28 63. MM T-2: San Jacinto Avenue/Ramona Expressway: Improve the westbound Ramona Expressway approach from one left-turn lane and two through lanes to two left-turn lanes and two through lanes. Improve the northbound San Jacinto Avenue approach from one left-turn lane and one right-turn MM T-2 San Jacinto Avenue/Ramona Expressway: Improve the westbound Ramona Expressway approach from one left-turn lane and two through lanes to two left-turn lanes and two through lanes. Improve the northbound San Jacinto Avenue approach from one left-turn lane and one right-turn lane to two left-turn lanes and one right-turn lane with overlap signal phasing. Improve the eastbound right-turn approach to include right-turn overlap signal phasing. 64. MM T-3: San Jacinto Avenue/Main Street-Ramona Boulevard: Improve the eastbound Main Street approach from one shared left-through-right-turn lane to one left-turn lane and one through/right-turn lane. Improve the westbound Main Street approach from one shared left-through-right turn lane to one left-turn lane and one through/right-turn lane. Improve the northbound San Jacinto Avenue approach from one left-turn lane and one through/right-turn lane to one left-turn lane, one left turn/through lane and one through/right-turn lane. Improve the southbound San Jacinto Avenue approach from one left-turn/through lane and one right-turn lane to one left-turn/through lane, one through lane and one right-turn lane. Improve southbound San Jacinto Avenue south of the intersection to allow for two receiving lanes for the recommended westbound dual left-turn lane. 65. MM CR 6: If paleontological resources are encountered during grading, ground disturbance activities shall cease so a qualified paleontological monitor can evaluate any paleontological resources exposed during the grading activity. If paleontological resources are encountered, the developer shall provide adequate funding to collect, curate and report on these resources to ensure the values inherent in the resources are adequately characterized and preserved. Collected specimens will be sent to the appropriate authorities for collection. Prior to Building Permit Issuance 66. MM T-4 The applicant shall participate in the funding or construction of off -site improvements that are needed to serve cumulative traffic conditions through the payment of the Transportation Uniform Mitigation Fees (TUMF) and City of San Jacinto Development Impact Fees (DIF) or a fair share contribution as directed by the City. These fees are collected as part of a funding mechanism aimed at ensuring that regional highways and arterial expansions keep pace with projected population increases. 67. To mitigate the potential impacts to fire and police services, prior to issuance of building permits the applicant or successor in interest shall pay the applicable public safety facilities mitigation fee and annex into the applicable community facilities district providing financing for essential police and fire services and facilities. 68. To mitigate the potential impacts to road maintenance services, prior to issuance of building permits the applicant or successor in interest shall annex into the 3.A.4.d Packet Pg. 90 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 12 of 28 assessment district providing financing for road maintenance services. 69 To mitigate the potential impacts to schools, prior to issuance of building permits all applicable school fees shall be paid in accordance with State law. 70. The City of San Jacinto has adopted the area-wide Multi-Species Habitat Conservation Plan (MSHCP). This project is subject to the payment of fees prior to the issuance of building permits unless exempted by the ordinance establishing the MSHCP program. The fees shall be subject to the provisions of the enabling ordinance and based upon the fee schedule in effect at the time of building permit issuance. 71. Offers for dedication of the Ramona Expressway and Main Street along the entire Project frontage shall be submitted for City acceptance. 72. Submit, for Planning approval, an outdoor lighting plan in compliance with the following: a) A site plan showing all parking lot light standards, building mounted light fixtures, and any up-lighting in landscaping, low-level walk lights, and lighting diffused off of wall surfaces. b) Cut sheets for all proposed lighting fixtures. c) The lighting shall be indirect, hooded, and arranged to reflect lighting away from adjoining properties and streets in compliance with Section 17.300.080 (Outdoor Light and Glare). d) Parking lot light standards shall be a maximum of 25 feet in height overall, as measured from the usable parking or driving surface. e) Outdoor lighting shall maintain a minimum of one-foot candle illumination for all parking and pedestrian areas and shall not exceed one-half foot candle along property lines of the subject site. f) Include a photometric plan that includes details such as beam spreads and/or photometric calculations, location and type of fixtures, and arrangement of exterior lighting that does not create glare or hazardous interference to adjacent streets or properties. 73. The Planning approved lighting plan shall be part of the plans submi tted for Plan Check. 74. Final building elevations shall be submitted to the Planning Department for review and approval to include the following: a) Materials sample board for each building for which a building permit is sought. 3.A.4.d Packet Pg. 91 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 13 of 28 75. Final floor plans shall be submitted for Planning Department review and approval for each building within the Project. 76. The developer shall enter in to a fair-share agreement for the conveyance of surface flows within the project to the retention basin within Tract 32053. A copy of the agreement shall be provided to the City for review and approval. MUP 16-2 (Senior Housing) 77. Four-sided elevations shall be submitted for Planning Department review and approval of the senior apartment parking garages. MUP 16-3 (Service Station) 78. The service station shall be re-designed to accommodate fuel trucks without encroaching in to fuel pump isles. 79. Revised elevations shall be submitted reflecting the operator of the convenience store and shall include an elevation of the canopy to include color, illumination, signage, and dimensions 80. A revised floor plan shall be submitted that illustrates sales area, storage, office, and other divisible spaces within the building. 81. MM N-3: An exterior acoustical study shall be prepared for review and approval by staff to assess noise form the proposed car wash into adjoining property. Appropriate noise attenuation measures shall be recommended and incorporated into the project design. MUP 16-4 (Drive-through restaurants) 82. Revised elevations shall be submitted reflecting the operator of each restaurant. Hotel 83. A floor plan for the hotel shall be submitted for Planning Department review and approval. Should hotel spaces include uses that serve the public, (ie restaurant, gymnasium, retail sales, etc), a revised parking study, prepared by a licensed traffic engineer, shall be submitted for review and approval by the City. Should the parking study show a parking deficit, the overall square footage for buildings within the development shall be adjusted in order to eliminate the parking deficit. General 84. Submit for Planning approval, the plans for trash enclosures. Pursuant to City standards, trash receptacles shall be enclosed by a six (6) foot high solid decorative masonry wall with solid view-obstructing gates, a solid roof with trellis feature, a n ADA accessible pedestrian entrance and a drain to the sewer system. The enclosures shall be designed so they cannot be entered into in any way when door 3.A.4.d Packet Pg. 92 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 14 of 28 and gates are closed and locked. Approved Trash Enclosure plans shall be shown on the plans submitted for Plan Check. 85. The proposed roof-mounted equipment shall be completely screened so as not to be visible from any street or private property adjacent to the Project. The screening shall be an integral part of the building; details shall be provided to the Planning Department for review and approval prior to issuance of building permits. Any proposed change shall be reviewed and approved by the Planning Department. 86. Any ground mounted equipment or equipment attached to the building, including gas and electrical meters, and electrical or mechanic cabinets shall be completely screened so as not to be visible from any street or private property adjacent to the Project. Chain link fencing is not an approved screening material. 87. Prior to building permit issuance, the applicant shall demonstrate compliance with SCAQMD rules, Rule 201 – Permit to Construct, Rule 203 – Permit to Operate, and Rule 461 – Gasoline Transfer and Dispensing by obtaining the proper permits from SCAQMD. 88. The applicant shall consider incorporating the following design elements in the building(s): a) The use of ultra-efficient air conditioners capable of exceeding California Energy Commission requirements by at least 25 percent (i.e. using 75 percent or less energy than CEC standards). b) The use of light-colored roofing and building materials as a design feature. c) The use of photovoltaic generators. d) Leadership in Energy and Environmental Design (LEED) or similar “green” design and certification to improve the quality of the building(s), reduce operating costs, and help to create a sustainable community (information available at the LEED website, www.leedbuilding.org). During Construction 89. MM AQ-2 The project applicant shall require that all building structures meet or exceed 2013 Title 24, Part 6 Standards and meet Green Building Code Standards. 90. MM N-2: Prior to obtaining building permits, the applicant shall provide an interior acoustic isolation analysis verifying separating assemblies (e.g. demising wall and floor/ceiling assemblies) for the senior housing and hotel meet Title 24 STC/IIC sound attenuation requirement as outlined within Chapter 12, Section 1207 of the 2013 California Building Code. 3.A.4.d Packet Pg. 93 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 15 of 28 At Least Thirty Days Prior to Building Permit Occupancy 91. Submit a detailed landscape and irrigation plan, prepared by a licensed landscape architect in conformance with Chapter 17.325 – Water Efficient Landscape and Irrigation and Section 17.325.060 — Landscape and Irrigation Submittal Package Requirements of the Development Code and the City Landscape Design Guidelines for review and approval by the City Landscape Architect. The Landscape and Irrigation Submittal Package shall include: a) A completed application packet provided by the City and payment of fees; b) The Water Efficient Landscape Worksheet, including the MAWA and ETWU; c) The soils management report; d) The landscape design plan; e) The irrigation design plan; f) A plan designating the hydrozones include the area in square-feet, devoted to landscaping, and a breakdown of the total area by landscape hydrozones; and g) The final approved precise grading plan. The Landscape Design Plans shall include the following for Planning Division approval: h) Use City approved construction designs in the detail pages (these can be obtained from the Project Planner); i) Show landscaping on a separate water meter than that of the rest of the Project (buildings); b) Note on the plans that maintenance of the parkway and basin landscape and irrigation is the responsibility of the property owner; c) Show all right-of-way landscaping and irrigation;  Installation and maintenance of the right -of-way landscaping and irrigation shall be the responsibility of the property owner;  Right-of-way landscape irrigation shall be placed on a separate water meter than that of the rest of the site landscaping and shall utilize a CalSense CS3000 (or better) irrigation controller; and  In the general notes, show the street tree planting and staking detail.  Maintain the 25-foot scenic setback along the Ramona Expressway, as required under the Landscape Guideline Appendix. An 8 -foot meandering 3.A.4.d Packet Pg. 94 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 16 of 28 sidewalk shall be provided within the Scenic Setback. No buildings or driveways shall encroach within the Scenic Setback. l) Provide parking lot landscaping in accordance with Section 17.330.090 – Landscaping Standards for Parking areas of the Development Code; m) Include in the general notes the percentage of landscape coverage (17.325.060 – Landscape and Irrigation Submittal Package Requirements of the Development Code). All landscape areas shall measure at least five-feet in any direction in order to be counted as meeting the minimum 15% landscape coverage; n) All structures, utility boxes and fixtures, and other equipment must be shown on the landscape plan and be screened with shrubs/trees, subject to review and approval by the Planning and Community Development Director; o) Indicate the type of mulch to be used and the application depth; d) Show the type and installation details of any applicable stormwater best management practices; e) Show the ADA paths of travel and public sidewalk special decorative paving per the precise grading plan; f) Provide concrete mow strips where needed to separate ground cover and shrubbery; g) Provide 6-inch wide by 6-inch tall concrete curbing around planter beds in the parking area; h) Show parking lot lighting on the landscape plans; i) Show end parking islands with two trees; j) Show trash enclosures screened by five-gallon shrubs planted four-feet on center; k) Show 30% of the trees as 36-inch box; l) Show 80% of the shrubs as 5-gallon or larger; m) Backflow preventers and fire detection devices for each building and how they will be screened; n) Backflow preventers for the irrigation and how they will be screened; o) Location and design of all utility boxes below and above ground; 3.A.4.d Packet Pg. 95 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 17 of 28 p) Proposed hardscape, accent paving, paths, and walks; and q) Proposed monument walls/structures, walls, fencing, retaining walls, drainage elements. The Irrigation Design Plans shall include the following for Planning Division approval: r) Use City approved construction designs in the detail pages (these can be obtained from the Planning Department); s) Design for 100% overlapping coverage; t) Design for irrigation efficiency (IE) in compliance with Chapter 17.325 – Water Efficient Landscape and Irrigation of the Development Code. For overhead fixtures the IE = .75 and for drip fixtures the IE = .81; u) Ensure irrigation system is designed to prevent runoff, over -spray, lowhead drainage and other similar conditions where water flows off -site on to the adjacent property, non-irrigate areas walks, roadways, or structures; v) The irrigation plan shall identify the following:  Hydrozones by number, letter, or other designation. A Hydrozone Information Table shall be prepared for each hydrozone;  Areas irrigated by each valve;  Irrigation point of connection (POC);  Static water pressure at POC;  Location and size of the water meter(s), service laterals, and backflow preventers;  Location, size, and type of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads and nozzles, pressure regulator, drip, and low volume irrigation equipment;  Irrigation legend with the manufacturer name, model number, and general description for all specified equipment, separate symbols for all irrigation equipment with different spray patterns, spray radius and precipitation rate; • Total flow rate (gallons per minute), and design operation pressure (psi) for each overhead spray and bubbler circuit, and total flow rate (gallons per minute) and design operating pressure (psi) for each drip and low volume irrigation circuit; and • Precipitation Rate (inches per hour) for each overhead spray circuit. • Sprinkler heads and other emission devices shall have matched precipitation rates. ee) Irrigation system details for assembly and installation; 3.A.4.d Packet Pg. 96 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 18 of 28 ff) Recommended irrigation schedule for each month, including the number of irrigation days per week, number of start times (cycles) per day, minutes of run time per cycle, and the estimated amount of applied irrigation water, ex pressed in gallons per month and gallons per year, for the established land scape; gg) The type of pipe, the pipe rating, and pipe sizes are specified on the plans in a readable legend. Main lines are typically PVC Schedule 40, lateral lines are a minimum PVC Class 200, and lines under paving have PVC Schedule 40 sleeves; hh) If a drip irrigation system is provided, all necessary tubing and emitters are specified, with appropriate connectors and staking indicated; ii) Brown line piping allowed on sloped areas if staked properly; jj) Triple swing joints are provided to protect all sprinkler heads. Flexible risers are required for all heads; kk) Pop-up sprinkler heads provided next to all parking areas and walkways; ll) Landscaped areas shall be provided with a smart irrigation controller which automatically adjusts the frequency and/or duration or irrigation events in response to changing weather conditions. Additional water conservation technology (i.e., soil moisture sensors, rain sensors) may be required, where necessary; mm) Valves are provided in below grade valve boxes to minimize vandalism and enhance the appearance of the irrigation system; nn) A manual shut-off valve shall be required as close as possible to the point of connection of the water supply, to minimize wat er loss in case of an emergency or routine repair; oo) A pressure regulator when the static water pressure is above or below the recommended operating pressure of the irrigation system; pp) Areas including turf, less than eight (8) feet in width in any direction shall be irrigated with subsurface irrigation or low-volume irrigation technology; qq) In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone; and rr) Show all existing street improvements, landscaping, and signs to remain. 3.A.4.d Packet Pg. 97 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 19 of 28 Prior to Building Permit Occupancy 92. Provide cut sheets or drawings illustrating proposed amenities, including street furniture, bollards, bicycle racks, mail box design, and the outdoor amenities serving the senior residential develoment. The amenities shall have a unified design for the entire Project. 93. The developer/applicant or successor in interest shall record a “Water Quality Man- agement Plan and Urban Runoff BMP Transfer Access and Maintenance Agree- ment,” to provide public notice of the requirement to implement the approved Final project-specific WQMP and the maintenance requirements associated with the WQMP. 94. The developer/applicant or successor in interest may have to secure coverage un- der the State’s General Industrial Activities Storm Water Permit as issued by the State Water Resources Control Board. 95. The developer/applicant or successor in interest shall ensure the following, pursuant to Section XII. I. of the 2010 NPDES Permit: nn) Field verification that structural Site Design, Source Control, and Treatment Control BMPs are designed, constructed and functional in accordance with the approved Final Water Quality Management Plan (WQMP). City WQMP Inspector will be notified for required inspections during construction. 96. The contractor responsible for the installation of the parking lot lighting shall certify in writing to the City that the installed lighting meets the specifications of the approved parking lot lighting plan and that lighting does not exceed one-half foot candle along all property lines. 97. The developer/applicant or successor in interest shall submit the following items for the landscape and irrigation development and maintenance: a) The signed Landscape Certificate of Completion pursuant to Section 17.325.070 – Certificate of Completion of the Development Code; b) The irrigation scheduling pursuant to Section 17.325.080 – Irrigation Scheduling of the Development Code; c) The Landscape and Irrigation Maintenance Schedule pursuant to Section 17.325.090 – Landscape and Irrigation maintenance Schedule of the Development Code; and d) The Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis pursuant to Section 17.325.100 — Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis of the Development Code. 98. Pursuant to Section 17.325.150 – Maintenance of the Development Code, all in stalled landscaping and irrigation systems shall be continually maintained. Mainte- 3.A.4.d Packet Pg. 98 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 20 of 28 nance shall consist of regular watering, mowing, pruning, fertilizing, clearing of de bris and weeds, monitoring for pests and disease, the removal and timely replace - ment of dead plants, and the repair and timely replacement of irrigation systems, and integrated architectural features. Operational Conditions 99. The Project shall fully and continually comply with all applicable conditions of approval, State, Federal and local laws in effect at the time the permit is approved and exercised, and which may become effective and applicable thereafter. Failure to do so will be grounds for Code Enforcement actions, revocation, or further legal action. 100. The City shall have the right to annually inspect the site and facilities to ensure compliance with the conditions of approval and to recover its actual costs related to such inspections from the property owner or tenant. 101. The lessee, owner, tenant, or other person having control of the premises for which parking or loading spaces are required by this case SPDR-16-7 shall not prevent, prohibit, or restrict authorized persons (including employees) from using the spaces without the prior written approval of the City’s Development Director. 102. The required parking and loading features (e.g., landscaping, parking surfaces, striping, signs, etc.) shall be continuously maintained in good condition by the person having control of the premises (e.g., lessee, owner, tenant, etc.). aa) Landscaping shall be kept alive and continually maintained in compliance with Section 17.330.090 (Landscaping Standards for Parking Areas) and Chapter 17.325 (Water Efficient Landscape and Irrigation). bb) Parking surfaces shall be kept free of holes and substantial deterioration. cc) Striping shall be visible. dd) Signs shall be kept in place, legible, and continually maintained. w) Parked vehicles shall not extend over a property line or into a public right -of- way. x) All parking and drive aisles shall be screened from the public right-of-way with a landscape hedge or decorative wall, as reviewed and approved by the Planning and Community Development Director. y) No outdoor storage of tires is permitted. z) No outdoor repair or installation is permitted. 103. Required parking and loading spaces shall be usable and accessible. 3.A.4.d Packet Pg. 99 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 21 of 28 104. Parking facilities for vehicles and bicycles shall be provided and maintained in accordance with City Zoning Ordinance Sections 15.03 and 15.02 (E). 105. Handicapped parking spaces shall be provided and maintained in accordance with State law. 106. Lighting shall be provided throughout the parking area at all hours of customer and employee use. 107. No outdoor storage of tires/materials is permitted. 108. Loading areas shall be identified on the final site plan. Operational Conditions Minor Use Permit 16-3 109. A copy of the Conditional Use Permit and Final Conditions of Approval shall be available at the site and presented to City staff, including the Police Department and Code Enforcement, upon request. Failure to have the latest approved condi- tions available upon request will be grounds for revocation of the Conditional Use Permit. 110. The business windows of the convenience store shall not be tinted or obscured in any way, including by temporary or painted window signs, and the interior lighting of the building shall remain at adequate levels to clearly see into the business from the exterior. 111. All storage and display of merchandise and supplies must be conducted within the building. 112. Lighting shall be provided throughout the parking area at all hours of customer and employee use. BUILDING DIVISION 113. The developer/applicant or successor in interest shall pay for the appropriate Flood Control Improvements. 114. All required Fire Department vehicle access roads shall be maintained in a passable condition at all times for emergency Fire Department use. Gates or other obstructions shall be approved by the Fire Department prior to construction. 115. Fire hydrants shall be tested, accepted, and placed in service prior to any combus- tible material placed on the site. Hydrants shall be placed on all streets in and around all Projects. 116. All lumber scraps, combustible materials, and other debris shall be picked up daily, or more often as required by the Building and Safety Division. 3.A.4.d Packet Pg. 100 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 22 of 28 117. If water supply for fire hydrants is lost or if pressure is dramatically reduced, contact the City of San Jacinto, Building and Safety Division. 118. Fire Department access roads (curb, gutter, and all-weather surface), for 60,000 lbs GVW/traffic index of AC thickness of 0.25 feet, shall be provided prior to construction, or as approved by the Fire Department. Prior to Building Permit Occupancy 119. Specific addresses for each building shall be provided to make such number plainly visible from the public street, avenue, court, or alley upon which property fronts, and shall be contrasting color and background. PUBLIC WORKS DEPARTMENT 120. All exterior lighting shall be LED, including both wall packs and parking lights. In terior lighting shall be LED as well. FIRE DEPARTMENT CONDITIONS West Office of the Fire Marshal Responsibility: It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (SPDR-16-7) is required on all correspondence. Additional information is available at our website: www.rvcfire.org Questions should be directed to the Riverside County Fire Department, Office of the Fire Marshal at 2300 Market St. Suite 150, Riverside, CA 92501. Phone: (951) 955-4777, Fax: (951) 955-4886. With respect to the conditions of approval for the referenced project, the Fire Department requires the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: 121. BLUE DOT REFLECTORS – Blue retro-reflective pavement markers shall be mounted on private streets, public streets, and driveways to indicate location of fire hydrants. 122. HYDRANT LOCATION – Fire hydrants shall be located within 400’ of all exterior portions of the structures, along required fire apparatus access roads, and adjacent to public streets in the quantities and up to the maximum distance as required by California Fire Code and Riverside County Fire Department. 3.A.4.d Packet Pg. 101 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 23 of 28 123. HYDRANT FIRE FLOW – Fire hydrant(s) shall be capable of delivering fire flow as required by the California Fire Code and Riverside County Fire Department stand - ards. 124. WATER VERIFICATION – The required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Approved water plans must be at the job site. 125. ADDRESS – The address shall be posted per Riverside County Fire Department standards and will be clearly visible from the public roadway. 126. FIRE DEPARTMENT ACCESS – Fire Department apparatus access shall be provided to within 150 feet of all portions of all buildings. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. 127. FIRE PROTECTION SYSTEMS – Fire sprinkler systems: All buildings 3,600 square feet or larger shall have NFPA 13 fire sprinkler systems installed per the California Building and California Fire Code as amended by Riverside County Ordinance 787 and San Jacinto Municipal Code. 128. Fire Sprinkler Monitoring Systems: Fire sprinkler systems(s) with 20 or more sprinkler heads shall have a fire sprinkler monitoring system. Plans shall be submitted to Riverside County Fire Department for review and approval. COUNTY OF RIVERSIDE ENVIRONMENTAL HEALTH 129. For the Convenience Store and Gas Station, the construction plan and permit shall be submitted to County of Riverside Department of Environmental Health and be approved prior to starting construction. 130. A Hazardous Waste Generator Permit must be obtained prior to operation. 131. An Underground Storage Tank operating permit must be obtained prior to operation. DEH Hax Mat Plan Check process required. 132. A Hazardous Materials Business Plan permit must be obtained prior to operation. California Environmental Reporting System (CE RS) submittal necessary (http://cers.calepa.ca.gov/) 133. An Underground Storage Tank Construction/Installation permit must be obtained prior to construction/modification/repair activities. 3.A.4.d Packet Pg. 102 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 24 of 28 RIVERSIDE COUNTY RTA 134. An ADA compliant sidewalk shall be constructed along the Main St frontage. The sidewalk shall be connected to the curb for at least a 30’ x 8’ section to accommodate a bus stop boarding area approximately 100ft west of the Main St./Ramona Expressway intersection on W/B Main St. ENGINEERING DEPARTMENT With respect to the Conditions of Approval for the above referenced project, the City of San Jacinto requires that the developer provide the following street improvements and/or road dedication in accordance with the City of San Jacinto Municipal Code Title 12 and the Conditions of Approval. It is understood that the site plan and the map correctly shows all existing and proposed easements, traveled ways, rights-of-way, and drainage course with appropriate Q’s and that their omission may require the map to be resubmitted for further consideration. These Ordinances and the following conditions are essential parts and requirement occurring in ONE is as binding as though occurring in all. They are intended to be complimentary and to describe the conditions for a complete design of the improvements. Unless otherwise noted, all offsite improvements as conditioned shall be installed prior to issuance of any occupancy permits. All questions regarding the tr ue meaning of the conditions shall be referred to the City Engineer’s office. In the event of a conflict between any conditions stated below, those imposed by the Planning Department and others, and requirements as identified in the approved Traffic Impact Analysis, the most stringent in the opinion of the City shall prevail. General Conditions 135. The project’s grading shall be in a manner to perpetuate existing natural drainage patterns. Any deviation from this, concentration or increase in runof f, must have approval from adjacent property owners, and the City Engineer. Drainage easements shall be obtained from affected property owners or if within this site, shall be shown on the final map. The applicant shall accept the offsite runoff and convey to an acceptable outlet. 136. Prior to issuance of any permit, the applicant shall secure City’s and appropriate agency’s approval of the improvement plans. 137. Prior to issuance of any building permit, the property owner shall obtain a grading permit and approval to construct for the Building and Safety Department and City Engineer. Prior to issuance of any building permit, the developer/property owner shall obtain a compaction test certification which shall be in compliance with the approved project geotechnical / soils report. 138. The applicant shall submit the following to the City Engineer for his review and approval: a. Street Improvement Plans b. Traffic Signal Plans prepared by Traffic Engineer c. Signing and Striping plans prepared by Traffic Engineer 3.A.4.d Packet Pg. 103 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 25 of 28 d. Onsite Grading Plans, SWPPP, and Erosion Control Plan e. Water & Sewer Plans f. Drainage Plans, Hydrology and Hydraulic Reports g. Streetlight Plan per City of San Jacinto standards and prepared by Electrical Engineer h. Final WQMP (for reference) 139. The project’s design shall be in compliance with EMWD, Riverside County Flood Control and Water Conservation District, Riverside County, and Caltrans standards, and coordinated with approval plans for adjacent developments. 140. All pads shall be graded to be a minimum of 1’ above 100-year calculated water surface elevations, or adjacent finished grade. 141. The design and construction of proposed improvements shall be coordinated with the existing improvements adjacent to this project. 142. Prior to issuance of building permits, paved access to the proposed building shall be provided. 143. The developer shall provide water and sewer services to this project in accordance with the requirements of the appropriate utility purveyor. This project i s within the Eastern Municipal Water District’s sewer and water service area. Water and sewer improvements shall be installed per EMWD Standards and Fire Department requirements. 144. On and offsite fire hydrants shall be installed as determined by the Fire Department. NPDES & Drainage: 145. The project proposes to discharge outlet flows to an existing downstream 24” RCP in Tract 32053-1; this system has not been accepted for maintenance by the City. Therefore, prior to approval of grading plans, the applicant shall obtain permission for the connection. The project site shall not increase the peak runoff to the existing storm drain and adequacy of the receiving drainage system including the basin shall be analyzed. The discharge of the existing basin to City right-of-way and properties downstream of Tr. 32053-1 is a concern and installation of minimum sized (24” RCP) and discharge to an adequate outlet shall be required. Alternatively, if said provisions are not feasible due to technical/financial constraints, the applicant shall analyze conveyance of runoff northerly of the project site; respective easements shall be obtained and secured respectively. 146 Prior to approval of a grading plan, the developer/property owner shall comply with the Federal Clean Water Act and prepare a Storm Water Pollution Prevention Plan (SWPPP) and WQMP for this development. A copy of the SWPPP shall be made available at the construction site at all times during construction. 147. All grading and drainage improvements shall comply with NPDES guidelines and Best Management Practices. Erosion control plans shall be prepared and submitted 3.A.4.d Packet Pg. 104 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 26 of 28 to Regional Water Quality Control Board, and the City, as part of the grading plans. Catch basins shall be installed at main drive to eliminate nuisance runoff. 148. The incremental increase in runoff between developed (100 -year) and undeveloped state, and the nuisance runoff, shall be retained within onsite private detention facilities and discharged to adequate outlet as approved by the City. 149. Onsite landscape area(s) shall be designed in a manner to collect the onsite nuisance runoff in compliance with WQMP Best Management Practices, and NPDES guidelines. 150. Drainage and flood control facilities and improvements shall be provided in accordance with Riverside County Flood Control and Water Conservation District, and the City of San Jacinto requirement, and the following: a. This project is located within the limits of the San Jacinto Area Drainage Plan for which drainage fees have been adopted by the City. Drainage fees shall be paid as set forth under the provisions of the “Rules and Regulations for Administration of Area Drainage Plan”. The project is proposing to retain all onsite generated flows within onsite basins, only treated emergency flows will be discharged into public rights-of-way. All onsite nuisance runoff including irrigations from parkways shall be collected and conveyed to onsite basins. b. Drainage facilities outletting sump conditions shall be designed to convey the tributary 100-year storm flows and additional emergency escape shall also be provided. On and offsite storm drain facilities and catch basins to mitigate the nuisance runoff will be required as determined by the City. 10 -year flow shall be retained within curb to curb and 100-year storm retained within right-of-way. Any work within Riverside County Flood Control’s right-of-way requires issuance of permit. A comprehensive drainage report shall be submitted to City Engineer for review and approval. c. The project’s street and grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area and outlet points. No ponding of upstream and downstream properties shall be permitted. Detailed hydrological studies and calculations shall be submitted to support the design of the project. d. Catch basin(s) and underground drainage pipes (minimum of 18” RCP) shall be installed in order to eliminate the nuisance runoff from X-gutters at existing intersection and all proposed driveways and intersections shall be taken onsite and connected to onsite WQMP. 3.A.4.d Packet Pg. 105 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 27 of 28 Street Improvements & Dedications 151. A 12’ wide Class I multi-purpose trail shall be added to Ramona Expressway. A 6’ wide concrete sidewalk shall be installed along Main Street. All sidewalks, multi- purpose trails, and driveways shall be installed pursuant to Riverside County and ADA standards. All driveway approaches shall be constructed per Riverside County standards for Commercial Driveways (Std. 207A) and comply with the most recent ADA requirements in effect at the time of construction. 152. Improve Ramona Expressway to Urban Arterial Highway Standard (73’/55’) and to include installation of half-width street improvements along the property frontage, 14’ (or as appropriate) wide raised landscaped median, curb and gutter and sidewalk located 55’ west of centerline. The existing pavement if in good condition may be grind/overlay as determined by City Engineer. The design shall provide for lane assignments as depicted on conceptual striping plan prepared by TJW dated July 12, 2017. Additional right-of-way to accommodate turn lanes may be required and shall be determined during plan check process. 153. Improve Main Street to Secondary Highway Sta ndard (50’/32’) and to include installation of half width street improvements along the property frontage, new paving, curb and gutter and sidewalk located 32’ north of centerline. The existing pavement if in good condition may be grind/overlay as determined by City Engineer. 154. Upgrade the existing traffic signal at the intersection of Main Street and Ramona Expressway to ultimate location per City and Riverside County standards and as shown on said TJW plan. 155. Install traffic signal, to ultimate design, at the project’s site’s northerly driveway and Ramona Expressway. 156. The public improvements on Ramona Expressway and Main Street shall accommodate and correspond to the Conceptual Striping Plan from TJW Engineering dated July 12, 2017. Transitional lanes to accommodate the driveways shall be installed as determined by the developer’s Traffic Engineer. 157. Existing cables (under 66kv) shall be removed, poles removed and undergrounded. All other poles if in conflict with existing improvements shall be relocated. 158. Streetlights shall be installed adjacent to the site as approved by City Engineer, per City of San Jacinto. The street light plan shall be prepared by a registered Electrical Engineer and shall be LS-3, LED type. 159. City has reviewed the traffic study submitted by TJW Engineering, In. for the referenced project. Mitigation measures identified in the study dated September 6, 2016 and as revised dated June 1, 2017 shall be completed by the applicant prior to issuance of the first certificate of occupancy or fair share fee as determined by City paid prior to issuance of Building Permit(s). 3.A.4.d Packet Pg. 106 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval April 2, 2019 Page 28 of 28 No phasing of public/offsite improvements shall be considered. No phasing of public/offsite improvements shall be permitted unless approved in writing by City Engineer. If at the time application is made for phasing approval, traffic conditions or standards are found to have changed from those outlined in TJW Engineering Traffic Study dated September 6, 2016 and revised June 1, 2017, additional mitigation for these impacts may be added by the City Engineer. 160. The property owner(s) shall support the continuous maintenance of the street lighting by annexing to the Landscaping, Lighting, and Park District No. 2 prior to Certificate of Occupancy. All onsite lighting, drainage facilities, WQMP improvements and parking/median landscaping shall be the responsibility of the property owner(s). The property owner(s) shall pay 100% of the maintenance cost of proposed traffic signal at the new driveway and be responsible to pay its share of the maintenance of existing signal at Lake Park. Parcel Map: 161. The Parcel Map is a financing map and shall be recorded prior to issuance of any permit and shall reflect the dedications as shown on the Tentative Map . 162. Prior to approval of the Parcel Map, securities and a public improvement agreement shall be required to be submitted and executed as a guarantee of the completion of the improvements required as a condition of approval of the project. 163. All easements and/or right-of-way dedications shall be offered for dedication to the public and shall continue in force until City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by City. 164. Relinquish and waive rights of access to and from Ramona Expressway and Main Street on the Final Map with the exception of two (2) openings on Ramona Expressway and one (1) opening on Main Street as delineated on the Site Plan. The most southerly driveway on Ramona Expressway may be a signalized full access opening. The northerly driveway on Ramona Expressway is restricted to right-in/right- out only. 3.A.4.d Packet Pg. 107 Attachment: Revised Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) April 2, 2019 TO: City Council REQUESTED BY: Travis Randel, Community Development Director APPROVED BY: Robert A. Johnson, City Manager SUBJECT: KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 RECOMMENDATION: Staff recommends that the City Council: 1. DETERMINE that this proposed Project will not have a significant effect on the environment based on the findings set forth in the case record and ADOPT A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) pursuant to the California Environmental Quality Act (CEQA). 2. ADOPT Resolution 3754 APPROVING General Plan Amendment 16-1 to change the General Plan Land Use Designation from Low Density Residential (LDR) to Community Commercial (CC); and, 3. INTRODUCE Ordinance No. 19-09 for first reading, APPROVING Change of Zone 16-1 to change the Zoning Designation from Residential Low Density (RLD) to Community Commercial (CC); and, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JAC INTO, CALIFORNIA, APPROVING ZONE CHANGE 16-1, CHANGING THE ZONING OF THE SUBJECT SITE LOCATED AT THE NORTHWEST CORNER OF MAIN STREET AND THE RAMONA EXRESSWAY FROM RESIDENTIAL LOW (RL) TO GENERAL COMMERCIAL (CG) 4. ADOPT Resolution 3753 APPROVING the Project consisting of (1) Planned Development Permit 18-1; and, (2) Minor Use Permit 16-2 to permit a Senior Housing Development; and, (3) Minor Use Permit 16-3 to permit Service Station; and, (4) Minor Use Permit 16-4 to permit a Drive-Thru Restaurant; and, (5) Tentative Parcel Map 37099 to subdivide the project site into nine (9) parcels; subject to Findings of Fact and Conditions of Approval set forth in the case record based on the recommendation of the Planning Commission. 4.2 Packet Pg. 91 3.A.4.e Packet Pg. 108 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) DISCUSSION: On March 18, 2019, after conducting the public hearing, the Planning Commission approved Resolution 19-05 recommending that the City Council approve the KPC Promenade Project (Vote:4-0-1 absent). The KPC Promenade project is comprised of 155,200 square feet of commercial uses anchored by a 120-room hotel. Other uses include a combination service station, convenience store, and car wash; a restaurant, two drive-through restaurants, a combination retail and restaurant building, and a medical office. The project also includes a 114 room senior residential apartment complex. The hotel sits 12 feet below the grade of the Main Street and Ramona Expressway intersection and consist of four-stories, having a height of 60 feet. The structure is topped with an observation deck and an illuminated dome extending up to 96 feet. The hotel will encompass 125,000 SF. Four commercial pads are proposed along Ramona Expressway that would include the 5,000 square foot full service restaurant, a 4,300 square foot drive-through restaurant, a 3,500 square foot drive-through restaurant, and the combination retail and restaurant building totaling 6,300 square feet. A 16 pump service station with 3,500 square foot convenience store and car wash is proposed at the northeast corner of the project site along Ramona Expressway. A 6,200 square foot urgent care medical office building is proposed along Main Street. A senior apartment complex is proposed within a three-story structure to accommodate 69 one- bedroom units and 45 two-bedroom units for a total of 114 apartments. Each unit is designed with a living room and efficiency kitchen, bathroom and bedroom(s). A ground floor patio and upper floor deck is provided for each unit. A 9,650 square foot clubhouse and office is shown, as well as an outside garden and pool area. Additional amenities include a garden area, pet area, pool and spa, two bocce ball courts, and outdoor restrooms. The project includes 1 enclosed garage parking space for each of the 114 dwelling units. The parking area is arranged on the e ast and west side of the apartment units with additional parking for 12 guests and 12 staff for a total of 138 spaces. A parking field for the commercial uses is planned between the commercial pads along Ramona Expressway and the senior housing development. This parking field contains 422 parking spaces for commercial and office uses. Primary access through the site will be provided from a 30-foot internal main private drive serving commercial and residential uses. Parking aisles of 25-feet will branch off the private drive. A second 30-foot driveway will loop to the hotel entry. Access for full turning movement will be provided from the northerly entry at Ramona Expressway and from Main Street. A right in- right out access will be provided from the southerly entry on Ramona Expressway. 4.2 Packet Pg. 92 3.A.4.e Packet Pg. 109 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Access to the senior apartments will be from a gated entry behind the service station and off the access drive at Main Street. The project is being processed with Planned Development Permit 18-1 pursuant to Chapter 17.620 of the Development Code. The purpose of Planned Developments is to ensure efficient land and better living environment, ensure high standards of environmental quality, and to provide a level of enhanced amenities. Under the provisions of this Chapter, the permit may adjust, where necessary and justifiable, all applicable development standards. Two major adjustments are proposed that related to building height and parking count. Building Height The Development Code allows a maximum height of 45 feet in the Commercial General Zone. The proposed hotel is designed for up to 60 feet of habitable space and an illuminated dome that would extend to 96 feet. In consideration of this request, staff has evaluated emerging development trends in the area that are becoming more intense, and photo simulations were required to evaluate the effect of the greater height upon the local community and scenic vistas. Parking The applicant is proposing 422 commercial spaces where 468 spaces are required. The Development Code allows adjustments to parking subject to a Shared Parking analysis. The applicant has submitted the analysis that supports the adequacy of the proposed parking count due to travel between on-site uses, and restriction on future amenities within the hotel, which account for the difference in the number of the space requirements. The parking plan complies with CalGreen Building Code mandatory provisions for long-term (lockers) and short-term (racks) bicycle parking, as well as electric vehicle/van pool/ charging stations. The senior housing project provides the required 138 parking spaces in addition to the 422 above which are self-contained within the gated area and therefore no reduction is requested for the senior housing project. Additional analysis is provided in the attached Planning Commission staff report. ENVIRONMENTAL ANALYSIS: The Project was reviewed under the provisions of the California Environmental Quality Act (CEQA). Based upon the information contained in the Initial Study and pursuant to the requirements of CEQA; it has been determined that this Project, with the incorporation of mitigation measures, will not have a significant impact on the environment. The mitigation measures required to reduce or mitigate the impacts of this Project on the environment are included in the Project design and/or the Mitigation Monitoring Program and will be included as part of the Mitigated Negative Declaration for this Project. As a result, it is recommended that the City Council adopt a Mitigated Negative Declaration for this Project. Additional analysis is provided in the attached Planning Commission staff report. 4.2 Packet Pg. 93 3.A.4.e Packet Pg. 110 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) SUMMARY: Since the Planning Commission meeting, an additional letter in opposition has been received. The letter was sent anonymously and has been included in your packet. There are no new issues raised in the letter regarding the project or the environmental document that have not been previously analyzed and addressed. With the approval of the Planned Development Permit, the Zone Change and the General Plan Amendment, the project complies with all applicable provisions of the Development Code. The architectural design of the buildings is complimentary to other commercial buildings in the area, specifically the recently completed Soboba Resort and Casino located across the San Jacinto Riverside from the subject site. Further, the Mitigation Measures identified in the Environmental Initial Study reduce environmental impacts to a level of less than significant. The project will bring much needed commercial development to the east side of the City while providing additional affordable housing options with the age-restricted senior housing component while the hotel will provide visitors additional lodging options. FISCAL IMPACT: There is no impact to the General Fund since all project costs are borne by the applicant. The KPC Promenade mixed use development will be funded through private capital. Upon occupancy of the project, the City should expect an increase in general fund revenue through an increase in sales taxes as well as Transit Oriented Tax generated by the hotel. ATTACHMENTS: Resolution 3754 - General Plan Amendment Ordinance 19-09 - Rezone Resolution 3753 - Project Approval Planning Commission Recommended Conditions of Approval Planning Commission Staff Report - March 18, 2019 Public Comments Received After Planning Commission Hearing 4.2 Packet Pg. 94 3.A.4.e Packet Pg. 111 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) STATE OF CALIFORNIA ) RESOLUTION No. 3754 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT 16-01 FROM LOW DESNITY RESIDENTIAL TO COMMUNITY COMMERCIAL FOR THE KPC MIXED USE DEVELOPMENT LOCATED AT THE NORTHWEST CORNER OF MAIN STREET AND THE RAMONA EXPRESSWAY. WHEREAS, Latham Management Group filed an application on May 17, 2016 to amend the General Plan under GPA 16-01 for the KPC Promenade mixed use development, (“Application”). The proposed project is located at the northwest corner of Main Street and the Ramona Expressway, APN 433-030-021 and 025. (“Subject Site”); and WHEREAS, the Application, along with other applications submitted for the Subject Site, would establish the KPC Promenade within the proposed Community Commercial (CC) land use designation of the San Jacinto General Plan; and WHEREAS, the Project, including the Application, was reviewed, studied, and found to not have a significant effect on the environment under the California Environmental Quality Act (“CEQA”) as more fully described in Section 3 below; and WHEREAS, on March 18, 2019 the Planning Commission of the City of San Jacinto (“Commission”) conducted a duly noticed public hearing on the Project, including the Application, at which time all persons wishing to testify in connection with the Project were heard and the Project was comprehensively reviewed; and WHEREAS, on April 2, 2019, the City Council in the City of San Jacinto conducted duly noticed Public hearings on the Application at which time all persons wishing to testify in connection with the Application were heard and the Application was comprehensively reviewed by the City Council; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED, ordered and determined by the City Council of the City of San Jacinto: Section 1. Based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the administrative record of the written and oral evidence presented to the Planning Commission, and the findings set forth in this Resolution, the City Council approves General Plan Amendment (GPA 16-01); and Section 2. Based on the entire record before the City Council, including the staff report, and all written and oral evidence presented to the City Council, including the staff report, Mitigated Negative Declaration (MND), and the Mitigation Monitoring and Reporting Program (MMRP) the City Council find as follows: a. The proposed General Plan Amendment (GPA-16-01) to change the Low Density Residential (LDR) designation on the Subject Site to Community Commercial (CC) creates consistency with the proposed Change of Zone to General Commercial (CG), and the 4.2.a Packet Pg. 95 Attachment: Resolution 3754 - General Plan Amendment (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM3.A.4.e Packet Pg. 112 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Project will further the intent of the General Plan by facilitating development at the intersection of Esplanade Avenue and Palm Avenue. This location is advantageous for development. The Application furthers the intent of the General Plan by meeting the following General Plan goals and policies: LU Policy 1.1: Promotes a land use composition in San Jacinto that provides a balance or surplus between the generation of public revenues and the cost or providing community services and facilities. LU Policy 1.7: Encourages additional retail development to increase sales tax revenues and expand the range of services available to the community. LU Policy 2.1: Assures that new development is complimentary to the existing character of the City. LU Policy 2.4: Ensures that adequate infrastructure and public services are provided in concert with development so that no negative fiscal or service impacts occur as a result of new development. LU Policy 2.7: Locates retail and commercial land uses along major circulation routes at major intersections where there is a maximum access and visibility. LU Policy 2.8: Directs higher density housing and higher intensity employment around commercial uses and job centers near transit nodes and areas served by a well-developed transportation network. b. The proposed General Plan Amendment (GPA-16-01) to change the Low Density Residential (LDR) designation on the subject property to Community Commercial (CC): i. Is internally consistent with all other provisions of the General Plan and any applicable specific plan. ii. Will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. iii. Is integrated and compatible with the Land Use Element in that it provides an appropriate orientation and relationship between land uses within and adjacent to the Subject Site, and promotes orderly development beyond the Subject Site's boundaries because the most intense uses are oriented to the Ramona Expressway while residential uses for seniors and retention basin open space are placed along the western boundary that will buffer adjoining single family residential uses from potential noise, glare, and similar nuisances from commercial activities. Likewise, the Conditions of Approval require a right -to- farm covenant to protect farm land to the north of the Subject Site. iv. Is integrated and compatible with the Circulation Element in that the density and distribution of uses within the Subject Site will generate traffic which is anticipated and provided for in the Circulation Element because the Subject Site is located at the intersection of Ramona Expressway, an ultimate 6-lane Urban Arterial with restricted access and Main Street, an ultimate 4-lane Major Street. The Project provides a range of uses that enable an internal trip capture 4.2.a Packet Pg. 96 Attachment: Resolution 3754 - General Plan Amendment (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM3.A.4.e Packet Pg. 113 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) and pass by trips. Examples include hotel guests and senior housing residents that begin and end their trips within the Subject Site by dining at restaurants within the Project; and pass by trips where vehicles already on the road that chose to stop at the service station or restaurants enroute to their destination. The Project includes provisions to meet California Calgreen standards by providing accommodations for alternative forms of travel. The Conditions of Approval require a number of circulation improvements to assure that the circulation system maintains the service level required by the General Plan. v. Is integrated and compatible with the Housing Element in that it provides for development consistent with the existing and projected housing needs of the community because it furthers Housing Goal 3, to assist in the development of a housing supply which is affordable to all segments of the community. Specifically, Policy 3.2 which is to “Assist with the development of housing that targets the needs of special populations, including the elderly, disabled, farmworkers and homeless.” and Policy 3.3 which is to “Promote the development of attractive and safe housing to meet community needs”. The Housing Element identifies an average single family household size of 3.34 persons per unit. Under the existing general plan and zoning designations, the Subject Site could generate 112 dwelling units (22.43 net acres times 5 units per acre). The number of dwelling units multiplied by the average household size would generate a population of 375 people. The proposed senior residential development would allow a maximum of 114 dwelling units. Assuming all units were occupied by two people, the population would be 228. vi. Is integrated and compatible with the Conservation Element in that it provides uses which promote the orderly conservation, development, and utilization of natural resources because it provides commercial services in an area of the City lacking these services, serves a residential segment that is underserved in the City, and includes a needed medical care facility to serve the community. The Subject Site contains sensitive wildlife resources where a trapping and relocation program has been approved by the County RCA and state resources agencies, along with a cash endowment to maintain the habitat of the receiving site in perpetuity. vii. Is integrated and compatible with the Open Space Element in that it provides land uses consistent with and that promote the adopted goals and policies for preserving and managing open space within the City because in addition to the payment of development impact fees to mitigate impacts on recreational facilities and open space within the City, the Project includes active recreation facilities associated with the senior residential housing development. viii. Is integrated and compatible with the Noise Element in that it provides a pattern of land uses that minimizes the exposure of community residents to excessive noise because more intense commercial uses are placed along the Ramona Expressway where vehicle noise is greater than allowed for residential uses; because the senior residential use is placed along the western Project boundary to provide maximum separation between this residential use and traffic noise, while also serving to buffer future adjoining single family residential uses from noise within the development; and because the proposed 4.2.a Packet Pg. 97 Attachment: Resolution 3754 - General Plan Amendment (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM3.A.4.e Packet Pg. 114 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) car wash is subject to further noise attenuation measures under the Conditions of Approval once the type of facility and design is known. ix. Is integrated and compatible with the Safety Element in that it provides an appropriate land use distribution and orientation which protects the community from unreasonable risks associated with seismic, geologic, flood, and wildfire hazards because all future uses will be subject to current building code standards for construction and the technical analysis prepared for the Project do not identify significant safety risks within the Subject Site. x. Is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), and the proposed uses and development of the Property will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. Section 3. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report, the City Council finds that the nature and extent of all dedications, reservations, impact fees, and other exactions are roughly proportionate to the impacts created by the use of the Subject Site as permitted by the Planned Development Permit, the Site Plan and Development Review, and the Minor Use Permits. Section 4. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report, the City Council finds that the Project will comply with CEQA for the following reasons: a. Based upon the information contained in the Initial Study and pursuant to the requirements of CEQA; it has been determined that this Project, with the incorporation of mitigation measures, will not have a significant impact on the environment. The mitigation measures required to reduce or mitigate the impacts of this Project on the environment are included in the Project design and/or the Mitigation Monitoring Program and are included as part of the Mitigated Negative Declaration for this Project. Section 5. Effective Date. This resolution shall become effective on the date on which Ordinance 19-09 For Change of Zone 16-01 becomes effective. Section 6. CEQA. The requirements of the California Environmental Quality Act have been satisfied in that an Initial Study and Mitigated Negative Declaration (together, “IS/MND”) were prepared for the Project, including the General Plan Amendment, Zone Change, and Project and the City Council adopted the MND and the related Mitigation Monitoring and Reporting Program. Section 7. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City Clerk’s office located at 595 S. San Jacinto Avenue, San Jacinto, CA 92583. The custodian for these records is the City Clerk. Section 8. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or 4.2.a Packet Pg. 98 Attachment: Resolution 3754 - General Plan Amendment (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM3.A.4.e Packet Pg. 115 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. PASSED, ADOPTED and ADOPTED at a regular meeting of the City Council on the 2nd day of April 2019 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: CITY OF SAN JACINTO: _______________________ Russell Utz, Mayor ATTEST: _____________________ Angela Walton, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP __________________________ Michael J. Maurer, City Attorney 4.2.a Packet Pg. 99 Attachment: Resolution 3754 - General Plan Amendment (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM3.A.4.e Packet Pg. 116 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) CERTIFICATION State of California ) County of Riverside) ss City of San Jacinto) I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3754 was duly passed, and adopted at a regular meeting of the City Council of the City of San Jacinto on the 2nd day of April 2019 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Witness my hand and seal the 2nd day of April 2019. _____________________________ Angela Walton, City Clerk City of San Jacinto ATTACHMENTS: Exhibit “A”: General Plan Land Use Designation Change Map 4.2.a Packet Pg. 100 Attachment: Resolution 3754 - General Plan Amendment (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM3.A.4.e Packet Pg. 117 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) EXHIBIT A: General Plan Land Use Designation Change Map 4.2.a Packet Pg. 101 Attachment: Resolution 3754 - General Plan Amendment (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM3.A.4.e Packet Pg. 118 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) STATE OF CALIFORNIA ) ORDINANCE NO. 19-09 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING ZONE CHANGE 16-1, CHANGING THE ZONING OF THE SUBJECT SITE LOCATED AT THE NORTHWEST CORNER OF MAIN STREET AND THE RAMONA EXRESSWAY FROM RESIDENTIAL LOW (RL) TO GENERAL COMMERCIAL (CG). WHEREAS, Change of Zone Case No. 16-1 was filed, together with General Plan Amendment 16-1, (”Applications”) for the KPC Promenade project in order to establish a mixed use residential and commercial development; and WHEREAS, the requested Zone Change No. 16-1 would change the zoning designation of the Subject Site from Residential Low (RL) to General Commercial (CG) (the “Zone Change”); and WHEREAS, a Mitigated Negative Declaration for the proposed Project (“MND”) was circulated between February 13 2019 and March 13, 2019; and WHEREAS, the MND analyzed the impacts related to the proposed Zone Change; and WHEREAS, in accordance with Public Resource Code section 21080.3.1, on August 22, 2016, the City sent letters to the California Native American Tribes that had previously requested to be informed by the City through formal notification of proposed projects in the geographic area that is traditionally and culturally affiliated with the tribe, for the purpose of informing these tribes about the Project, and the City provided a 30-day period for the representative of the tribe to request formal consultation; and WHEREAS, in accordance with Government Code Section 62352.3, on August 22, 2016, the City sent letters to the California Native American Tribes that are on the contact list maintained by the Native American Heritage Commission, for the purpose of informing these tribes about the Project and providing a 90-day period for the representative of the tribe to request formal consultation; and WHEREAS, the City received a request for consultation from the Soboba Tribe of Luiseno Indians, which occurred on December 8, 2016 and resulted in mitigation measures included in the Initial Study; and WHEREAS, entitlements for the Project include the Zone Change which requires the Planning Commission to hold a public hearing and recommend to the City Council that the proposed Zone Change be approved, disapproved, or conditionally approved. WHEREAS, on March 8, 2019, the City gave public notice of the Planning Commission public hearing for consideration of the Zone Change by advertising in a newspaper of general circulation; by posting notices at City Hall and by mailing notices to owners of property within 300 feet, of the Project, and to local agencies that provide water, sewage, electricity and schools; and WHEREAS, on March 18, 2019, the Planning Commission conducted a duly-noticed public hearing to consider Project approvals, at which hearing members of the public were 4.2.b Packet Pg. 102 Attachment: Ordinance 19-09 - Rezone (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099)3.A.4.e Packet Pg. 119 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) afforded an opportunity to comment on the Zone Change, and the Planning Commission adopted a resolution recommending that the City Council approve the Zone Change, as conditioned; and WHEREAS, on March 22, 2019, the City gave public notice of the City Council public hearing for consideration of the Zone Change by advertising in a newspaper of general circulation; by posting notices at City Hall; and by mailing notices to owners of property within 300 feet of the Project, and to local agencies that provide water, sewage, electricity and schools; and WHEREAS, on April 2, 2019, the City Council conducted a duly-noticed public hearing and considered evidence concerning the Zone Change. WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Incorporation of Recitals. The above are true and correct and are incorporated herein by reference. Section 2. Findings: The City Council hereby finds that the Zone Change is compatible with the objectives, policies, and General Plan land use programs specified in the General Plan, as amended by the Application, for the following reasons: a. The Zone Change is internally consistent with all other provisions of the General Plan and any applicable specific plan. b. The Zone Change will not be detrimental to the public interest, health, safety, convenience, or welfare of the City as further detailed below. c. The Zone Change is integrated and compatible with the Land Use Element in that it provides an appropriate orientation and relationship between land uses within and adjacent to the Subject Site, and promotes orderly development beyond the Subject Site's boundaries because the most intense uses are oriented to the Ramona Expressway while residential uses for seniors and retention basin open space are placed along the western boundary that will buffer adjoining single family residential uses from potential noise, glare, and similar nuisances from commercial activities. Likewise, the Conditions of Approval require a right-to-farm covenant to protect farm land to the north of the Subject Site. d. The Zone Change is integrated and compatible with the Circulation Element in that the density and distribution of uses within the Subject Site will generate traffic which is anticipated and provided for in the Circulation Element because the Subject Site is located at the intersection of Ramona Expressway, an ultimate 6-lane Urban Arterial with restricted access and Main Street, an ultimate 4-lane Major Street. The Project provides a range of uses that enable an internal trip capture and pass by trips. Examples include hotel guests and senior housing residents that begin and end their trips within the Subject Site by dining at restaurants within the Project; and pass by trips where vehicles already on the road that chose to stop at the service station or restaurants enroute to their destination. The Project includes provisions to meet California Calgreen standards by providing accommodations for alternative forms of travel. The Conditions of Approval require a number of circulation improvements to 4.2.b Packet Pg. 103 Attachment: Ordinance 19-09 - Rezone (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099)3.A.4.e Packet Pg. 120 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) assure that the circulation system maintains the service level required by the General Plan. e. The Zone Change is integrated and compatible with the Housing Element in that it provides for development consistent with the existing and projected housing needs of the community because it furthers Housing Goal 3, to assist in the development of a housing supply which is affordable to all segments of the community. Specifically, Policy 3.2 which is to “Assist with the development of housing that targets the needs of special populations, including the elderly, disabled, farmworkers and homeless.” and Policy 3.3 which is to “Promote the development of attractive and safe housing to meet community needs”. The Housing Element identifies an average single family household size of 3.34 persons per unit. Under the existing general plan and zoning designations, the Subject Site could generate 112 dwelling units (22.43 net acres times 5 units per acre). The number of dwelling units multiplied by the average household size would generate a population of 375 people. The proposed senior residential development would allow a maximum of 114 dwelling units. Assuming all units were occupied by two people, the population would be 228. f. The Zone Change is integrated and compatible with the Conservation Element in that it provides uses which promote the orderly conservation, development, and utilization of natural resources because it provides commercial services in an area of the City lacking these services, serves a residential segment that is underserved in the City, and includes a needed medical care facility to serve the community. The Subject Site contains sensitive wildlife resources where a trapping and relocation program has been approved by the County RCA and state resources agencies, along with a cash endowment to maintain the habitat of the receiving site in perpetuity. g. The Zone Change is integrated and compatible with the Open Space Element in that it provides land uses consistent with and that promote the adopted goals and policies for preserving and managing open space within the City because in addition to the payment of development impact fees to mitigate impacts on recreational facilities and open space within the City, the Project includes active recreation facilities associated with the senior residential housing development. h. The Zone Change is integrated and compatible with the Noise Element in that it provides a pattern of land uses that minimizes the exposure of community residents to excessive noise because more intense commercial uses are placed along the Ramona Expressway where vehicle noise is greater than allowed for residential uses; because the senior residential use is placed along the western Project boundary to provide maximum separation between this residential use and traffic noise, while also serving to buffer future adjoining single family residential uses from noise within the development; and because the proposed car wash is subject to further noise attenuation measures under the Conditions of Approval once the type of facility and design is known. i. The Zone Change is integrated and compatible with the Safety Element in that it provides an appropriate land use distribution and orientation which protects the community from unreasonable risks associated with seismic, geologic, flood, and wildfire hazards because all future uses will be subject to current building code standards for construction and the technical analysis prepared for the Project do not identify significant safety risks within the Subject Site. 4.2.b Packet Pg. 104 Attachment: Ordinance 19-09 - Rezone (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099)3.A.4.e Packet Pg. 121 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) j. The Zone Change is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), and the proposed uses and development of the Property will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located. Section 3. Health, Safety and Welfare. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds that the Zone Change promotes the public health, safety, and welfare of the community because it will permit land uses that best reflect community needs and will allow for the most efficient and logical development of the real property. The City Council further finds that the Zone Change is compatible with the uses authorized in, and the regulations prescribed for, the area in which the Subject Site is located; and the Zone Change will not adversely affect the orderly development or the preservation of property values for the property it governs or any other property. Further, the Zone Change will not adversely affect the public health, safety, or welfare in that it does not create nonconformities within remaining portions of the City. Section 4. CEQA. The requirements of the California Environmental Quality Act have been satisfied in that an Initial Study and Mitigated Negative Declaration (together, “IS/MND”) were prepared for the Project, including the Zone Change, and the City Council adopted the MND and the related Mitigation Monitoring and Reporting Program. Section 5. Zone Change. The City Council hereby adopts this Ordinance approving Zone Change 16-1 to change the zoning designation of the Subject Site from Residential Low (RL) to General Commercial (CG) as shown on the Map that is attached to this ordinance as Exhibit “B.” The City of San Jacinto Zoning Map, as amended by this ordinance, shall govern the zoning for the Subject Site. The development of the Subject Site, and all subsequent approvals, shall be in compliance with the Zoning applicable to the Subject Site now or in the future, to the extent other planning, zoning, land use, development, and development approval process regulations adopted by the City are applicable and not inconsistent or in conflict with the zoning designation for the Subject Site. Section 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City Clerk’s office located at 595 S. San Jacinto Avenue, San Jacinto, CA 92583. The custodian for these records is the City Clerk. Section 7. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. Section 8. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption. 4.2.b Packet Pg. 105 Attachment: Ordinance 19-09 - Rezone (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099)3.A.4.e Packet Pg. 122 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Section 9. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Jacinto, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code § 36933. Introduced at a regular meeting of the City Council on the 2nd day of April 2019. 4.2.b Packet Pg. 106 Attachment: Ordinance 19-09 - Rezone (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099)3.A.4.e Packet Pg. 123 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) ORDINANCE NO. 19-09 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 16th day of April 2019, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: CITY OF SAN JACINTO: _______________________ Russell Utz, Mayor ATTEST: _____________________ Angela Walton, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP __________________________ Michael J. Maurer, City Attorney 4.2.b Packet Pg. 107 Attachment: Ordinance 19-09 - Rezone (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099)3.A.4.e Packet Pg. 124 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) CERTIFICATION State of California ) County of Riverside) ss City of San Jacinto) I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Ordinance No. 19-09 was introduced at a regular meeting of the City Council of the City of San Jacinto on the 2nd day of April 2019. Ordinance No. 19-09 was passed, approved, and adopted by the City Council of the City of San Jacinto, California, at a regular meeting of the City Council held on the 16th day of April 2019: AYES: NAYS: ABSENT: ABSTAIN: Witness my hand and seal the 16th day of April 2019. _____________________________ Angela Walton, City Clerk City of San Jacinto ATTACHMENTS: Exhibit “A”: Map of Subject Property Exhibit “B”: Zone Change Map 4.2.b Packet Pg. 108 Attachment: Ordinance 19-09 - Rezone (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099)3.A.4.e Packet Pg. 125 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) EXHIBIT A: Map of Subject Property 4.2.b Packet Pg. 109 Attachment: Ordinance 19-09 - Rezone (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099)3.A.4.e Packet Pg. 126 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) EXHIBIT B: Zone Change Map 4.2.b Packet Pg. 110 Attachment: Ordinance 19-09 - Rezone (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099)3.A.4.e Packet Pg. 127 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) STATE OF CALIFORNIA ) RESOLUTION No. 3753 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING PLANNED DEVELOPMENT PERMIT 18-1, SITE PLAN AND DESIGN REVIEW 16-7, MINOR USE PERMIT 16-2, MINOR USE PERMIT 16-3, MINOR USE PERMIT 16-4 AND TENTATIVE PARCEL MAP 37099 TO ALLOW THE DEVELOPMENT OF A MIXED USE COMMERCIAL AND RESIDENTIAL PROJECT TO BE LOCATED ON VACANT LAND AT THE NORTHWEST CORNER OF MAIN STREET AND THE RAMONA EXPRESSWAY. WHEREAS, Latham Management Group filed applications on May 17, 2016 for: 1) Site Plan and Development Review (SPDR 16-7), 2) Minor Use Permit (MUP 16-2), 3) Minor Use Permit (MUP 16-3), and 4) Minor Use Permit (MUP 16-4) for the KPC Promenade mixed use development. On December 17, 2018, Latham Management Group also filed 5) Planned Development Permit 18-1, and 6) Tentative Parcel Map 37099. The foregoing described applications are referred to herein, collectively, as the “Applications”. The proposed project is located at the northwest corner of Main Street and the Ramona Expressway, APN 433-030-021 and 025. (“Subject Site”); and WHEREAS, the Applications would establish the KPC Promenade within the proposed Community Commercial (CC) land use designation of the San Jacinto General Plan; and WHEREAS, the Applications propose to establish the KPC Promenade, a mixed use commercial and residential project, under a Site Plan and Development Review, Planned Development Permit, and three Minor Use Permits within the proposed General Commercial (CG) Zone; and WHEREAS, the Project was reviewed, studied, and found to not have a significant ef fect on the environment under the California Environmental Quality Act (“CEQA”) as more fully described in Section 3 below; and WHEREAS, on March 18, 2019 the Planning Commission of the City of San Jacinto (“Commission”) conducted a duly noticed public hearing on the Project at which time all persons wishing to testify in connection with the Project were heard and the Project was comprehensively reviewed; and WHEREAS, on April 2, 2019, the City Council in the City of San Jacinto conducted a duly noticed public hearing on the Application at which time all persons wishing to testify in connection with the Application were heard and the Application was comprehensively reviewed by the City Council; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED, ordered and determined by the City Council of the City of San Jacinto: Section 1. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings set forth in this Resolution, the City Council 4.2.c Packet Pg. 111 Attachment: Resolution 3753 - Project Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099)3.A.4.e Packet Pg. 128 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) approves the following: 1) Planned Development Permit (PDP) 18-1 to allow adjustments to height and parking standards; 2) Site Plan and development Review (SPDR) 16-7 to approve an overall site plan within the CG Zone on the Subject Site; 3) Minor Use Permits (MUP) 16-2 to establish a senior residential project on the Subject Site; 4) (MUP) 16-3 to establish a service station, convenience store and car wash on the Subject Site; 5) (MUP) 16-4 to establish a senior residential development on the Subject Site, and 6) Tentative Parcel Map 37099 to subdivide the property into nine parcels (also referred to herein, collectively, as “the Project”); all subject to the Conditions of Approval. Section 2. Based on the entire record before the City Council, including the staff report, and all written and oral evidence presented to the City Council, including the staff report, Mitigated Negative Declaration (MND), and the Mitigation Monitoring and Reporting Program (MMRP) the City Council finds as follows: a. The proposed Planned Development Permit (PDP 18-1) is: (1) Allowed within the proposed General Commercial (CG) Zone; and (2) Consistent with the intent, goals, policies, actions, and land use designations of the General Plan as amended; and (3) Generally in compliance with all applicable provisions of the Development Code, with adjustments for height and required parking, and relating to both on-site and off-site improvements that are necessary to accommodate flexibility in site planning and property development, and to carry out the purpose, intent, and requirements of Chapter 17.620 of the Development Code and the proposed General Commercial (CG) Zone, including prescribed development standards and applicable design guidelines, except those provisions modified by in compliance with Chapter 17.620; and (4) Ensures compatibility of property uses within the zone and general neighborhood of the proposed development. b. The Site Plan and Design Review (SPDR) 16-7 ensures the Project will: (1) Be in compliance with all of the applicable criteria identified in Subparagraph 17.630.040.C.5 of the Development Code; and (2) Be in keeping with the character of the neighborhood, in terms of the structures general appearance; and (3) Not be detrimental to the harmonious and orderly growth of the City. c. Regarding Minor Use Permits (MUP) 16-2, (MUP) 16-3, and (MUP) 16-4: (1) The proposed uses are consistent with the proposed General Plan; and (2) The proposed uses are allowed within the General Commercial (CG) Zone and comply with all applicable provisions of the Development Code and Municipal Code as adjusted under PDP Case 18-1; and 4.2.c Packet Pg. 112 Attachment: Resolution 3753 - Project Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099)3.A.4.e Packet Pg. 129 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) (3) The design, location, size, and operating characteristics of the proposed activities are compatible with the existing and future land uses in the vicinity; and (4) The Subject Site is physically suitable in terms of: (a) Its design, locations, shape, size, and operating characteristics of the proposed uses; (b) The provision of public and emergency vehicle access; (c) Public protection services; (d) The provision of utilities. d. Regarding Tentative Parcel Map 37099: (1) The proposed division of land is consistent with the Community Commercial (CC) designation of the General Plan; (2) The design and improvement of the proposed division of land is consistent with the Community Commercial (CC) designation of the General Plan; (3) The site of the proposed division of land is physically suitable for the proposed design of the development because it meets the development standards of the proposed General Commercial (CG) Zone; (4) The site of the proposed division of land is physically suitable for the proposed density of the development to serve commercial and residential uses as set forth by the proposed General Commercial (CG) Zone, Planned Development Permit 18-1, and Minor Use Permit 16-2; (5) The design of the proposed division of land and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat as set forth under the Conditions of Approval and the Mitigation Monitoring and Reporting Program; (6) The design of the proposed division of land and the type of improvements are not likely to cause serious public health problems because, and comply with the provisions of the City’s Subdivision Ordinance; (7) Subject to the right-of-way requirements addressed under the Conditions of Approval, the design of the proposed division of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed division of land. e. With implementation of the recommended conditions of approval, the site will not adversely affect the public convenience, health, interest, safety, or general welfare, or constitute a nuisance, or be materially injurious to the improvements, persons, property, and uses in the vicinity and zone in which the property is located. f. The applicant has agreed in writing to comply with any and all of the conditions imposed by the City in the Combined Conditions of Approval. 4.2.c Packet Pg. 113 Attachment: Resolution 3753 - Project Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099)3.A.4.e Packet Pg. 130 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) g. In addition to the above, the City Council incorporates herein by reference, affirms and independently makes all findings made by the Planning Commission as set forth in Planning Commission Resolution No. 19-05. Section 3. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report, the City Council finds that the nature and extent of all dedications, reservations, impact fees, and other exactions are roughly proportionate to the impacts created by the use of the Subject Site as permitted by the Planned Development Permit, the Site Plan and Development Review, and the Minor Use Permits. Section 4. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report, the City Council finds that the Project will comply with CEQA for the following reasons: a. Based upon the information contained in the Initial Study and pursuant to the requirements of CEQA; it has been determined that this Project, with the incorporation of mitigation measures, will not have a significant impact on the environment. The mitigation measures required to reduce or mitigate the impacts of this Project on the environment are included in the Project design and/or the Mitigation Monitoring Program and are included as part of the Mitigated Negative Declaration for this Project. Section 5. Effective Date. This resolution shall become effective on the date on which Ordinance 19-09 For Change of Zone 16-01 becomes effective. Section 6. CEQA. The requirements of the California Environmental Quality Act have been satisfied in that an Initial Study and Mitigated Negative Declaration (together, “IS/MND”) were prepared for the Project, including the General Plan Amendment, Zone Change, and Project and the City Council adopted the MND and the related Mitigation Monitoring and Reporting Program. Section 7. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City Clerk’s office located at 595 S. San Jacinto Avenue, San Jacinto, CA 92583. The custodian for these records is the City Clerk. Section 8. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. PASSED, ADOPTED and ADOPTED at a regular meeting of the City Council on the 2nd day of April 2019 by the following vote: 4.2.c Packet Pg. 114 Attachment: Resolution 3753 - Project Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099)3.A.4.e Packet Pg. 131 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) SIGNATURE PAGE TO RESOLUTION NO. 3753 _ AYES: NAYS: ABSENT: ABSTAIN: CITY OF SAN JACINTO: _______________________ Russell Utz, Mayor ATTEST: _____________________ Angela Walton, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP __________________________ Michael J. Maurer, City Attorney 4.2.c Packet Pg. 115 Attachment: Resolution 3753 - Project Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099)3.A.4.e Packet Pg. 132 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) CERTIFICATION State of California ) County of Riverside) ss City of San Jacinto) I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3753 was duly passed, and adopted at a regular meeting of the City Council of the City of San Jacinto on the 2nd day of April 2019 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Witness my hand and seal the 2nd day of April 2019. _____________________________ Angela Walton, City Clerk City of San Jacinto 4.2.c Packet Pg. 116 Attachment: Resolution 3753 - Project Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099)3.A.4.e Packet Pg. 133 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 1 of 28 CONDITIONS OF APPROVAL SPDR-16-7, PM-37099, PDP 18-1, MUP- 16-2, MUP-16-3, & MUP-16-4 PLANNING COMMISSION HEARING DATE: March 18, 2019 CITY COUNCIL HEARING DATE: April 2, 2019 EXPIRATION DATE: April 2, 2021 APPLICANT: Latham Management Group Mr. Howard Rosenthal 1600 E. Florida Ave, Suite 110 Hemet, CA 92544 (951) 658-2559 Phone howard@rosenthalexcell.com PROJECT LOCATION: Northwest corner of Main Street and Ramona Expressway, (APN 433-130-021 and 025). ACCEPTED AND AGREED TO BY: Howard Rosenthal Date GENERAL CONDITIONS: PLANNING DIVISION General Provisions 1. The approval of this Project, a commercial center and residential development, shall comply with all required development standards of the Development Code, unless as specifically modified under Planned Development Permit Case No. 18-1. 2. The effective date of issuance of this Site Plan Design Review SPDR-16-7 and cases PM-37099, PDP 18-1, MUP-16-2, MUP-16-3, and MUP-16-4, (collectively defined as the “Project”) is April 2, 2019, or on the date approved by the City Coun- cil. The approval will lapse if the map has not recorded and improvements have not commenced within two (2) years from the date upon which the approval was granted. 3. All cases associated with the Project, this case, SPDR-16-7 and cases PM-37099, PDP-18-1, MUP-16-2, MUP-16-3, and MUP-16-4 shall have the same effective date and expiration date. Therefore, these cases will become null and void, if the map has not recorded and if not constructed, on or before April 2, 2021 (two cal- endar years from the effective date), unless a time extension is approved by the City’s applicable review authority. Applications for time extensions must be re- ceived prior to the expiration date. 4. The developer/applicant or successor in interest is advised that the businesses or uses which this Project is granted cannot be legally conducted on the subject 4.2.d Packet Pg. 117 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 134 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 2 of 28 property until all conditions of approval of this case, SPDR-16-7 and cases PM- 37099, PDP 18-1, MUP-16-2, MUP-16-3, and MUP-16-4, have been met to the satisfaction of the Planning Department. 5. The developer/applicant or successor in interest agrees to indemnify, hold harmless, and defend the City, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this permit, and any approvals associated with the Project, including, without limitation, any CEQA review or approval, except to the extent caused by the negligence of the City. 6. The developer/applicant or successor in interest shall pay any outstanding planning application or processing fees within ten (10) days of City’s request therefor and prior to permits being exercised. Failure to do so will be grounds for revocation of the Site Plan Design Review SPDR-16-7 and all associated cases PM-37099, PDP 18-1, MUP-16-2, MUP-16-3, and MUP-16-4. 7. The Minor Use Permit for the senior housing apartments, service station/conven- ience store, and/or a restaurant may be revoked if the use is operated or maintained in violation of any law or in a manner that constitutes a verified nuisance or ad- versely affect the public health, safety, or welfare. 8. All plans submitted to the City shall be in substantial conformance with the plans in this approval as conditioned. This condition applies to site plans, grading plans, landscape plans, building plans, elevations, and all other illustrations, text, or plans submitted to the City in connection with the Project. 9. No permits (i.e., grading, building, landscaping, signs, etc.) shall be issued until Parcel Map 37099 has recorded, and a copy of the recorded map and the covenant are provided to the City Planning Division. 10. Proposed signs shown on the site plan and elevations are not approved with this application. A Master Sign Program application shall be filed and processed with the City before any permits for signs shall be issued. The Master Sign Program shall address free-standing signs, building signs, and directional signs. All signage shall be consistent with and in conformance with the City sign ordinance . 11. A copy of all pages of these conditions shall be included in the construction drawing packages for grading plans, building plans, and landscape and irrigation plans. 12. If not already completed, the developer/applicant or successor in interest shall submit a single check to the City, made payable to the Riverside County Clerk, in the amount of $2,330.75, for the payment of State Fish and Game Fees ($2,280.75) and the County Recorder handling fee ($50.00) for filing of the Notice of Determination (NOD). In accordance with Section 711.4 of the State Fish and Game Code, no project shall be operative, vested, or final until the filing fees have been paid. The City will record the NOD and provide a copy of the NOD and receipt to the applicant. 4.2.d Packet Pg. 118 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 135 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 3 of 28 13. No provision is made under this Project for the sale of alcoholic beverages. A sep- arate Conditional Use Permit application must be approved by the City for any form of alcoholic sales. 14. Change of Zone 16-01 which establishes the Commercial General Zone and Resi- dential High Zone for the Project must be effective prior to an issuance of a Certificate of Occupancy for any and all uses requiring that Zone. Site Plan and Development Review Case 16-7 15. Fence and wall plans shall comply with the City Fence Guidelines and be subject to review and approval of the Planning Department. A separate application and filing fee is required The Conceptual Landscape and Fencing Plan shall be revised to reflect the following: a. A specification for masonry walls shall be submitted for Planning Department approval. b. The arced portion of the wrought iron fence located on the south side of the sen- ior apartments shall be converted to a masonry wall for security and to avoid glare from vehicle lights. c. Wrought iron fencing shall be extended along the east boundary of the retention basin extending from the perimeter wall to the wrought iron access gate. 16. All landscaped and revegetated areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. Any graded areas that remain unde- veloped shall be maintained to prevent wind and soils erosion. 17. All existing and new utilities adjacent to and on the site shall be located un der- ground as per City of San Jacinto Municipal Code 15.32 . 18. Parking for vehicles, including handicapped parking spaces, and bicycles shall be provided and maintained in accordance with City Ordinance Sections 15.03 and 15.02 (E) as supplemented by the following: a) Pursuant to Chapter 17.620.020 E, the applicant has submitted a KPC Prome- nade Shared Parking Analysis prepared by TJW Engineering that identifies a peak parking demand off 422 spaces where a minimum of 468 spaces are re- quired. Should parking demand exceed the expectations of the study, it shall be the Developer’s, or his successor’s. responsibility to provide adequate parking. Prior to Tentative Parcel Map 37099 Recordation 19. Pursuant to 16.12.100 – Hearings, of the Subdivision Code, an official copy of the Planning Commission’s action shall be filed with the City Council, and a copy shall be transmitted to the land divider who shall file with the Real Estate Commission of the State. 4.2.d Packet Pg. 119 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 136 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 4 of 28 20. The developer/applicant or successor in interest shall prepare CC&Rs for City re view and approval. The CC&Rs shall include provisions for maintenance of all common and public areas, reciprocal parking and access, consistent uniform sign age and architectural theme, building colors, and materials for the Project, and maintenance responsibilities in the event any assessment district is reduced or eliminated. The City shall be a third-party beneficiary with the right to enforce its interests in the CC&Rs. 21. The developer/applicant or successor in interest shall provide draft easement doc- ument(s) to establish common access and maintenance provisions within the Pro - ject. 22. The designated Remainder Parcel applied to contiguously owned land to the west shall be removed on the final map. 23. The developer/applicant or successor in interest shall annex into the community facilities district providing financing for police and fire protection services . 24. The developer/applicant or successor in interest shall annex into the assessment district providing financing for road maintenance services. 25. Annexation into the required Community Facilities Districts, Assessment Districts, and Landscape/Lighting/Park Maintenance District shall be completed and verified by the City Special Districts administrator. 26. The following note shall be placed on the final map: “The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot.” 27. MM AG-1: The Developer shall record a right-to-farm covenant acknowledging the use of adjoining land for agricultural use and the right for that use to continue. The text of this covenant shall be submitted to City staff for review and approval prior to recording the covenant. Thirty Days Prior to Any Site Disturbance 28. General Plan Amendment 16-1 and Change of Zone 16-1 shall be approved and in effect. 29. A detailed plan shall be provided for City review and approval addressing the dis - position of the residual lot located west of the proposed detention basin; and the termination of Cornflower Avenue and Poppy Street stub streets on contiguously owned land to the west of the senior apartments. 30. MM AE-1 Prior to the issuance of any permits, a photometric plan shall be prepared, in accordance with the provisions in Condition 64, for review and approval by the Planning Department demonstrating that light spillage will be minimized onto ad - joining residential properties. 4.2.d Packet Pg. 120 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 137 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 5 of 28 31. MM PH 1: Prior to the issuance of any permits, a plan shall be provided for the termination and landscaping of Cornflower Avenue and Poppy Street for review and approval by the City Planning and Engineering Departments . 32. MM PS-1: Prior to the issuance of any permits, the availability to provide water service to the proposed development by the City of San Jacinto, including domestic and fire flow supply, shall be confirmed through appropriate testing. In the event that the City cannot provide water service, a water supply service agreement shall be finalized with the Eastern Municipal Water District and constructed in accord ance with Condition 143. 33. MM R-1: Prior to the issuance of any permits, detailed landscape and improve- ments plans shall be submitted for staff review and approval encompassing the exterior recreation and open space serving the senior residential area. These plans shall address fencing locations and materials as well as amenities serving the sen- ior housing and commercial center. 34. MM R-2: Prior to the issuance of any permits, floor plans and additional support information shall be submitted for staff review and approval for interior amenities to demonstrate compliance with Section 17.430.310 of the Development Code. 35. San Bernardino Kangaroo Rat (SBKR) MM BIO-1 SBKR will be relocated to RCA-owned and managed lands following the below approach. Coordination will occur with the RCA and the wildlife agen- cies during all stages of the relocation process. 1. A suitable relocation site for SBKR on existing RCA conse rved lands has been preliminarily determined (refer to Figure 5 in the Initial Study). If it is determined that the property illustrated on Figure 5 is not viable for relocation, it will be com- municated with the RCA and wildlife agencies so that other lands can be located and evaluated. The following detailed standards regarding the characteristics and quality of the relocation site and “relocation site preparation” will be included/per- formed: a. The relocation site shall be assessed for species suitability, and include suitable vegetation, cover, soils, etc. The relocation site should match as closely as possible (or better) the current habitat conditions found on the project site. b. The relocation site shall be trapped and determined unoccupied by SBKR. If occupied, a different location shall be chosen for relocation in coordina - tion with the RCA and wildlife agencies. c. The relocation site will need to be determined suitable, but any deficiency or factor limiting the presence of SBKR will need to be identified and re solved prior to relocation. For example, if it is determined that weed cover is the likely factor causing absence of the SBKR, weed control would need to be implemented by the applicant’s team just prior to relocation. 4.2.d Packet Pg. 121 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 138 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 6 of 28 d. The relocation site shall be adjacent to an area with existing SBKR pres- ence. e. The relocation site must be conserved in perpetuity. 2. Only an approved qualified small mammal expert with experience in small mammal relocation will be contracted to handle the pre-construction on-site trap- ping, tagging captured individuals, noting specific details regarding distribution and spacing, relocation efforts, and monitoring. 3. Pre-construction trapping efforts will assist in gathering other pertinent details regarding SBKR distribution and thus support the relocation of individuals similar to their existing on-site distribution. 4. The implementation of soft release techniques, such as possible use of hacking cages and installation of temporary artificial burrows, shall be necessary to aid in success of the relocated individuals. 5. The applicant shall coordinate with RCA regarding the following: a. Funding of RCA’s long-term maintenance (e.g., weed control) of the relocation site. b. Funding to RCA to support long-term monitoring of the relocated SBKR. 6. The project proponent shall commit to prepare a detailed “Small Mammal Relo- cation Site Preparation, Trapping, and Relocation Plan”, and that it will include, at a minimum, the information presented above as well as provide additional specific actions as they become known in coordination with RCA and the Wildlife Agen- cies. The Plan will be approved by the RCA and wildlife agencies prior to reloca- tion efforts. 7. If additional or alternate form(s) of mitigation to what is presented above for SBKR, is deemed necessary and approved by the RCA and wildlife agencies, at the completion of the mitigation a DBESP Addendum Letter will be provided to the RCA and wildlife agencies as part of the administrative record for the project. 36. Los Angeles Pocket Mouse MM BIO-2 Mitigation for 3.7 acres of permanent impacts to LAPM will be in the form of fee payment at $14k/acre provided to the RCA for Geller #2 Phase 3 con - servation land. Geller #2 Phase 3 is a 40-acre parcel (APN 583-180-001) on up- per Temecula Creek occupied by LAPM. If additional or alternate form(s) of mitigation to what is presented here for LAPM is deemed necessary and approved by the RCA and wildlife agencies, at the com- pletion of the mitigation a DBESP Addendum Letter will be provided to the RCA and wildlife agencies as part of the administrative record for the project. 4.2.d Packet Pg. 122 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 139 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 7 of 28 Prior to Grading Permit Issuance Stephens Kangaroo Rat: 37. MM BIO-3 The Project is required to pay the Stephens Kangaroo Rat fee required under the Long-Term Stephens Kangaroo Rat Habitat Conservation Plan. 38. MM CR-1: Prior to grading permit issuance the developer shall retain a qualified archaeologist and a Native American Monitor to prepare an Archaeological M itiga- tion and Monitoring Plan (AMMP). The AMMP shall include the monitoring of all ground disturbing activities and shall include protocol for the mitigation and signifi- cance testing of inadvertent archaeological finds. 39. MM CR-2: In the event that any archaeological material is encountered during the monitoring, the archaeologist and Native American Monitor shall have the authority to halt and redirect earthmoving activities within 50-feet of the find, so that appro- priate mitigation measures can be undertaken in order to test and evaluate the sig- nificance of the find in accordance with MM CR-1. 40. MM CR-3: Prior to grading permit issuance the developer shall enter into a Treat- ment and Disposition Agreement (TDA) with the Soboba Band of Luiseño Indians to address treatment and disposition of archaeological/cultural resources and hu- man remains associated with Soboba Band of Luiseño Indians that may be uncov- ered or otherwise discovered during ground disturbing activities related to the pro- ject. The TDA may establish provisions for tribal monitors. 41. MM CR-4: In the event of the discovery of human remains, the County coroner shall be immediately notified. If human remains of Native American origin are discovered during ground-disturbing activities, the applicant shall comply with the state relating to the disposition of Native American burials that fall within the jurisdiction of the NAHC (PRC Section 5097). According to California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100), and dis- turbance of Native American cemeteries is a felony (Section 7052). Section 7050.5 requires that excavation be stopped in the vicinity of discovered human remains until the coroner can determine whether the re mains are those of a Native Ameri- can. If the remains are determined to be Native American, the California Native American Heritage Commission and the Soboba Band of Luiseño Indians shall be notified and appropriate measures provided by State law shall be implemented to determine the most likely living descendant(s). Disposition of the remains shall be overseen by the most likely living descendants to determine the most appropriate means of treating the human remains and any associated grave artifacts. Paleontological Resources 42. MM CR-5 A Paleontological Resource monitoring Program (PRMP) shall be de- signed for project construction. The PRMP should include protocol for monitoring of excavations having the potential to disturb Pleistocene sediments, testing of sed- iments for microvertebrate fossils, preparation and curation of specimens collected, and preparation of a final report in accordance with the guidelines of Society Verte- brate Paleontology 4.2.d Packet Pg. 123 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 140 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 8 of 28 43. The developer/applicant or successor in interest shall submit three (3) copies of a comprehensive grading plan at 40-scale for review and approval to the Engineering Department with any required fee and one (1) copy to the Project Planner . The plan shall comply with the Uniform Building Code, Chapter 7 0, City Grading Stand- ards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. The plan shall be drawn on 24" X 36" Mylar by a registered civil engineer. A copy of all pages of these conditions shall be included in the plans. 44. A geotechnical engineering report shall be submitted to the City Engineer prior to issuance of a grading permit, and all requirements identified in the report shall be met. The report must be prepared by a California licensed geotechnical engineer or civil engineer skilled in soils/foundation investigations and shall be submitted for review by the Building & Safety Department prior to the issuance of grading or building permits. All requirements identified in the report shall be met. 45. A grading permit shall be obtained from the City of San Jacinto prior to the com- mencement of any grading outside of the City-maintained road right-of-way. The grading plan shall also address the following: a) Conform to the Site Plan for SPDR 16-7 b) Correct rights-of-way and setbacks along the Ramona Expressway. c) Contain the retention basin slopes within the project boundary. d) Correct street section details to reflect actual slope conditions at the site. 46. Grading and public improvements shall be installed in accordance with City stand- ards and specifications. The tops of all graded slopes shall be at the property line. 47. MM AQ-1 The project is required during grading to limit the daily disturbance ar ea of 5 acres or less. 48. The grading plan shall include the following, for Planning approval: a) An ADA path of travel enhanced with decorative paving, stamped concrete, pavers, or another material differentiating the walk from the asphalt parking area as approved by Planning and Community Development Director. b) A public sidewalk with special decorative paving accents where crossed by driveway entrances to parking lots. c) Parking areas surfaced with Portland-Cement Concrete paving to a mini- mum 4-inch thickness over native soil compacted to 95% compaction or as- phalt concrete with 2½ inch thickness over 4 inches of Class II aggregate base compacted to 95% relative compaction, or as approved by the City En- gineer. 4.2.d Packet Pg. 124 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 141 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 9 of 28 49. The following notes shall be placed on the grading plan and shall be enforced. a) MM N-1: Construction operations must follow the City’s General Plan and the Noise Ordinance, which states that construction, repair or excavation work performed must occur within the permissible hours. To further ensure that construction activities do not disrupt the adjacent land uses, the follow ing measures should be taken: 1. Construction should occur during the permissible hours as defined in Sec- tion 8.40.090, that is Monday through Saturday between the hours of 7:00 a.m. and 7:00 p.m. No construction shall take place on Sundays or any Federal holiday. 50. The development shall be subject to all provisions of City of San Jacinto Ordinance Number 13.44, which establishes Urban Stormwater Runoff Management and dis- charge controls to improve Water Quality and comply with Federal/State Regula- tions and any subsequent amendments, revisions or ordinances pertaining thereto. 51. A final Water Quality Management Plan (WQMP) shall be submitted and approved, including a project description, and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The Water Quality Management Plan shall identify the structural and non-structural measures consistent with the City’s adopted re- quirements. 52. The development shall be subject to all provisions of City of San Jacinto Ordinance Number 13.44, which establishes Urban Stormwater Runoff Management and dis- charge controls to improve Water Quality and comply with Federal/State Regula- tions and any subsequent amendments, revisions or ordinances pertaining thereto. 53. The proposed site design BMPs selected for this project have been approved in concept as a Master WQMP. The individual parcels shall submit Final WQMP Ad- dendums including plans and details providing the elevations and slopes of the three bio-retention basins, the detention basin and other details for the proposed structural BMPs. The Public Works Department shall review and approve the Final WQMP document, plans and details. The property owners will also provide signed agreements presenting shared responsibilities for the BMP maintenance. 54. The developer/applicant or successor in interest shall prepare a Stormwater Pollu- tion Prevention Plan (SWPPP) and obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Re- sources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger’s Identification Number) shall be submitted to the City for cover- age under the National Pollutant Discharge Elimination System General Construc- tion Permit. 4.2.d Packet Pg. 125 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 142 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 10 of 28 55. The developer/applicant or successor in interest shall be required to submit a con- struction site safety plan to be approved by the Police and Planning Departments providing adequate security measures such as lights, video cameras, vehicle tran- sponders, locks, alarms, trained security personnel, fencing etc. The nature of the measures will depend on the specific requirements of the site and may vary with the different stages of construction. The developer shall be responsible for the com- pliance of all sub-contractors working on the site. Monitor During Any Earthmoving Activity 56. The following notes shall be placed on the grading plan and shall be enforced. a). During construction, the contactor shall ensure all construction equipment is equipped with appropriate noise attenuating devices. b). The contractor should locate equipment staging areas that will create the great- est distance between construction-related noise/vibration sources and sensi- tive receptors nearest the project site during all project construction. c). Idling equipment should be turned off when not in use. d). Equipment shall be maintained so that vehicles and their loads are se - cured from rattling and banging. 57. The site shall be watered on an on-going basis to control dust during construction and grading. 58. There shall be regular street sweeping and cleanup of adjacent streets to minimize the amount of dust put into the air from motor vehicle travel. 59. Mud and dirt shall be removed from construction equipment and vehicles prior to leaving the site to ensure they do not spread dirt into the street. 60. Trucks hauling soil, dirt or other emissive materials shall have their loads covered with a tarp or other protective cover. 61. Suspend all grading activities when wind speeds exceed 25 miles per hour. 62. Enforce a 15 mile per hour speed limit on unpaved portions of the construction site. 63. MM T-2: San Jacinto Avenue/Ramona Expressway: Improve the westbound Ra- mona Expressway approach from one left -turn lane and two through lanes to two left-turn lanes and two through lanes. Improve the northbound San Jacinto Avenue approach from one left-turn lane and one right-turn MM T-2 San Jacinto Avenue/Ra- mona Expressway: Improve the westbound Ramona Expressway appro ach from one left-turn lane and two through lanes to two left-turn lanes and two through lanes. Improve the northbound San Jacinto Avenue approach from one left-turn lane and one right-turn lane to two left-turn lanes and one right-turn lane with overlap signal 4.2.d Packet Pg. 126 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 143 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 11 of 28 phasing. Improve the eastbound right-turn approach to include right-turn overlap signal phasing. 64. MM T-3: San Jacinto Avenue/Main Street-Ramona Boulevard: Improve the east- bound Main Street approach from one shared left-through-right-turn lane to one left- turn lane and one through/right-turn lane. Improve the westbound Main Street ap- proach from one shared left-through-right turn lane to one left-turn lane and one through/right-turn lane. Improve the northbound San Jacinto Avenue approach from one left-turn lane and one through/right-turn lane to one left-turn lane, one left turn/through lane and one through/right-turn lane. Improve the southbound San Jacinto Avenue approach from one left-turn/through lane and one right-turn lane to one left-turn/through lane, one through lane and one right-turn lane. Improve south- bound San Jacinto Avenue south of the intersection to allow for two receiving lanes for the recommended westbound dual left-turn lane. 65. MM CR 6: If paleontological resources are encountered during grading, ground disturbance activities shall cease so a qualified paleontological monitor can evalu - ate any paleontological resources exposed during the grading activity. If paleonto - logical resources are encountered, the developer shall provide adequate funding to collect, curate and report on these resources to ensure the values inherent in the resources are adequately characterized and preserved. Collected specimens will be sent to the appropriate authorities for collection. Prior to Building Permit Issuance 66. MM T-4 The applicant shall participate in the funding or construction of off -site im- provements that are needed to serve cumulative traffic conditions through the pay- ment of the Transportation Uniform Mitigation Fees (TUMF) and City of San Jacinto Development Impact Fees (DIF) or a fair share contribution as directed by the City. These fees are collected as part of a funding mechanism aimed at ensuring that regional highways and arterial expansions keep pace with projected population in- creases. 67. To mitigate the potential impacts to fire and police services, prior to issuance of building permits the applicant or successor in interest shall pay the applicable public safety facilities mitigation fee and annex into the applicable community fa - cilities district providing financing for essential police and fire services and facili- ties. 68. To mitigate the potential impacts to road maintenance services, prior to issuance of building permits the applicant or successor in interest shall annex into the asse ss- ment district providing financing for road maintenance services. 69 To mitigate the potential impacts to schools, prior to issuance of building permits all applicable school fees shall be paid in accordance with State law. 70. The City of San Jacinto has adopted the area-wide Multi-Species Habitat Conser- vation Plan (MSHCP). This project is subject to the payment of fees prior to the issuance of building permits unless exempted by the ordinance establishing the 4.2.d Packet Pg. 127 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 144 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 12 of 28 MSHCP program. The fees shall be subject to the provisions of the enabling ordi- nance and based upon the fee schedule in effect at the time of building permit is - suance. 71. Offers for dedication of the Ramona Expressway and Main Street along the entire Project frontage shall be submitted for City acceptance. 72. Submit, for Planning approval, an outdoor lighting plan in compliance with the fol - lowing: d) A site plan showing all parking lot light standards, building mounted light fix- tures, and any up-lighting in landscaping, low-level walk lights, and lighting diffused off of wall surfaces. e) Cut sheets for all proposed lighting fixtures. f) The lighting shall be indirect, hooded, and arranged to reflect lighting away from adjoining properties and streets in compliance with Section 17.300.080 (Outdoor Light and Glare). g) Parking lot light standards shall be a maximum of 25 feet in height overall, as measured from the usable parking or driving surface. h) Outdoor lighting shall maintain a minimum of one-foot candle illumination for all parking and pedestrian areas and shall not exceed one-half foot candle along property lines of the subject site. i) Include a photometric plan that includes details such as beam spreads and/or photometric calculations, location and type of fixtures, and arrange- ment of exterior lighting that does not create glare or hazardous interference to adjacent streets or properties. 73. The Planning approved lighting plan shall be part of the plans submi tted for Plan Check. 74. Final building elevations shall be submitted to the Planning Department for review and approval to include the following: a). Materials sample board for each building for which a building permit is sought. 75. Final floor plans shall be submitted for Planning Department review and approval for each building within the Project. 76. The developer shall enter in to a fair-share agreement for the conveyance of surface flows within the project to the retention basin within T ract 32053. A copy of the agreement shall be provided to the City for review and approval. MUP 16-2 (Senior Housing) 4.2.d Packet Pg. 128 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 145 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 13 of 28 77. Four-sided elevations shall be submitted for Planning Department review and approval of the senior apartment parking garages. MUP 16-3 (Service Station) 78. The service station shall be re-designed to accommodate fuel trucks without en - croaching in to fuel pump isles. 79. Revised elevations shall be submitted reflecting the ope rator of the convenience store and shall include an elevation of the canopy to include color, illumination, signage, and dimensions 80. A revised floor plan shall be submitted that illustrates sales area, storage, office, and other divisible spaces within the building. 81. MM N-3: An exterior acoustical study shall be prepared for review and approval by staff to assess noise form the proposed car wash into adjoining property. Appropri - ate noise attenuation measures shall be recommended and incorporated into the project design. MUP 16-4 (Drive-through restaurants) 82. Revised elevations shall be submitted reflecting the operator of each restaurant. Hotel 83. A floor plan for the hotel shall be submitted for Planning Department review and approval. Should hotel spaces include uses that serve the public, (ie restaurant, gymnasium, retail sales, etc), a revised parking study, prepared by a licensed traf- fic engineer, shall be submitted for review and approval by the City. Should the parking study show a parking deficit, the overall square footage for buildings within the development shall be adjusted in order to eliminate the parking deficit. General 84. Submit for Planning approval, the plans for trash enclosures. Pursuant to City standards, trash receptacles shall be enclosed by a six (6) foot high solid decorative masonry wall with solid view-obstructing gates, a solid roof with trellis feature, a n ADA accessible pedestrian entrance and a drain to the sewer system. The enclo - sures shall be designed so they cannot be entered into in any way when door and gates are closed and locked. Approved Trash Enclosure plans shall be shown on the plans submitted for Plan Check. 85. The proposed roof-mounted equipment shall be completely screened so as not to be visible from any street or private property adjacent to the Project. The screening shall be an integral part of the building; details shall be provided to the Planning Department for review and approval prior to issuance of building permits. Any pro- posed change shall be reviewed and approved by the Planning Department. 4.2.d Packet Pg. 129 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 146 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 14 of 28 86. Any ground mounted equipment or equipment attached to the building, including gas and electrical meters, and electrical or mechanic cabinets shall be completely screened so as not to be visible from any street or private property adjacent to the Project. Chain link fencing is not an approved screening material. 87. Prior to building permit issuance, the applicant shall demonstrate compliance with SCAQMD rules, Rule 201 – Permit to Construct, Rule 203 – Permit to Operate, and Rule 461 – Gasoline Transfer and Dispensing by obtaining the proper permits from SCAQMD. 88. The applicant shall consider incorporating the following design elements in the building(s): a. The use of ultra-efficient air conditioners capable of exceeding California En- ergy Commission requirements by at least 25 percent (i.e. using 75 percent or less energy than CEC standards). b. The use of light-colored roofing and building materials as a design feature. c. The use of photovoltaic generators. d. Leadership in Energy and Environmental Design (LEED) or similar “green” design and certification to improve the quality of the building(s), reduce op - erating costs, and help to create a sustainable community (information avail- able at the LEED website, www.leedbuilding.org). During Construction 89. MM AQ-2 The project applicant shall require that all building structures meet or exceed 2013 Title 24, Part 6 Standards and meet Green Building Code Standards. 90. MM N-2: Prior to obtaining building permits, the applicant shall provide an interior acoustic isolation analysis verifying separating assemblies (e.g. demising wall and floor/ceiling assemblies) for the senior housing and hotel meet Title 24 STC/IIC sound attenuation requirement as outlined within Chapter 12, Section 1207 of the 2013 California Building Code. 4.2.d Packet Pg. 130 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 147 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 15 of 28 At Least Thirty Days Prior to Building Permit Occupancy 91. Submit a detailed landscape and irrigation plan, prepared by a licensed landscape architect in conformance with Chapter 17.325 – Water Efficient Landscape and Irrigation and Section 17.325.060 — Landscape and Irrigation Submittal Package Requirements of the Development Code and the City Landscape Design Guidelines for review and approval by the City Landscape Architect. The Landscape and Irri- gation Submittal Package shall include: a) A completed application packet provided by the City and payment of fees; b) The Water Efficient Landscape Worksheet, including the MAWA and ETWU; c) The soils management report; d) The landscape design plan; e) The irrigation design plan; f) A plan designating the hydrozones include the area in square-feet, devoted to landscaping, and a breakdown of the total area by landscape hydrozones; and g) The final approved precise grading plan. The Landscape Design Plans shall include the following for Planning Division ap- proval: h) Use City approved construction designs in the detail pages (these can be obtained from the Project Planner); i) Show landscaping on a separate water meter than that of the rest of the Project (buildings); j) Note on the plans that maintenance of the parkway and basin landscape and irrigation is the responsibility of the property owner; k) Show all right-of-way landscaping and irrigation;  Installation and maintenance of the right -of-way landscaping and irrigation shall be the responsibility of the property owner;  Right-of-way landscape irrigation shall be placed on a separate water meter than that of the rest of the site landscaping and shall utilize a CalSense CS3000 (or better) irrigation controller; and  In the general notes, show the street tree planting and staking detail.  Maintain the 25-foot scenic setback along the Ramona Expressway, as re- quired under the Landscape Guideline Appendix. An 8 -foot meandering 4.2.d Packet Pg. 131 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 148 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 16 of 28 sidewalk shall be provided within the Scenic Setback. No buildings or drive- ways shall encroach within the Scenic Setback. l) Provide parking lot landscaping in accordance with Section 17.330.090 – Land- scaping Standards for Parking areas of the Development Code; m) Include in the general notes the percentage of landscape coverage (17.325.060 – Landscape and Irrigation Submittal Package Requirements of the Develop- ment Code). All landscape areas shall measure at least five-feet in any direc- tion in order to be counted as meeting the minimum 15% landscape coverage; n) All structures, utility boxes and fixtures, and other equipment must be shown on the landscape plan and be screened with shrubs/trees, subject to review and approval by the Planning and Community Development Director; o) Indicate the type of mulch to be used and the application depth; l) Show the type and installation details of any applicable stormwater best man- agement practices; m) Show the ADA paths of travel and public sidewalk special decorative paving per the precise grading plan; n) Provide concrete mow strips where needed to separate ground cover and shrubbery; o) Provide 6-inch wide by 6-inch tall concrete curbing around planter beds in the parking area; p) Show parking lot lighting on the landscape plans; q) Show end parking islands with two trees; r) Show trash enclosures screened by five-gallon shrubs planted four-feet on cen- ter; s) Show 30% of the trees as 36-inch box; t) Show 80% of the shrubs as 5-gallon or larger; u) Backflow preventers and fire detection devices for each building and how they will be screened; v) Backflow preventers for the irrigation and how they will be screened; w) Location and design of all utility boxes below and above ground; x) Proposed hardscape, accent paving, paths, and walks; and 4.2.d Packet Pg. 132 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 149 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 17 of 28 y) Proposed monument walls/structures, walls, fencing, retaining walls, drainage elements. The Irrigation Design Plans shall include the following for Planning Division ap- proval: z) Use City approved construction designs in the detail pages (these can be obtained from the Planning Department); aa) Design for 100% overlapping coverage; bb) Design for irrigation efficiency (IE) in compliance with Chapter 17.325 – Water Efficient Landscape and Irrigation of the Development Code. For overhead fixtures the IE = .75 and for drip fixtures the IE = .81; cc) Ensure irrigation system is designed to prevent runoff, over-spray, lowhead drainage and other similar conditions where water flows off -site on to the adjacent property, non-irrigate areas walks, roadways, or structures; dd) The irrigation plan shall identify the following:  Hydrozones by number, letter, or other designation. A Hydrozone In- formation Table shall be prepared for each hydrozone;  Areas irrigated by each valve;  Irrigation point of connection (POC);  Static water pressure at POC;  Location and size of the water meter(s), service laterals, and backflow preventers;  Location, size, and type of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprin- kler heads and nozzles, pressure regulator, drip, and low volume irri- gation equipment;  Irrigation legend with the manufacturer name, model number, and general description for all specified equipment, separate symbols for all irrigation equipment with different spray patterns, spray radius and precipitation rate; • Total flow rate (gallons per minute), and design operation pres- sure (psi) for each overhead spray and bubbler circuit, and total flow rate (gallons per minute) and design operating pressure (psi) for each drip and low volume irrigation circuit; and • Precipitation Rate (inches per hour) for each overhead spray cir- cuit. • Sprinkler heads and other emission devices shall have matched precipitation rates. ee) Irrigation system details for assembly and installation; 4.2.d Packet Pg. 133 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 150 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 18 of 28 ff) Recommended irrigation schedule for each month, including the number of irrigation days per week, number of start times (cycles) per day, minutes of run time per cycle, and the estimated amount of applied irrigation water, ex pressed in gallons per month and gallons per year, for the established land scape; gg) The type of pipe, the pipe rating, and pipe sizes are specified on the plans in a readable legend. Main lines are typically PVC Schedule 40, lateral lines are a minimum PVC Class 200, and lines under paving have PVC Schedule 40 sleeves; hh) If a drip irrigation system is provided, all necessary tubing and emitters are specified, with appropriate connectors and staking indicated; ii) Brown line piping allowed on sloped areas if staked properly; jj) Triple swing joints are provided to protect all sprinkler heads. Flexible risers are required for all heads; kk) Pop-up sprinkler heads provided next to all parking areas and walkways; ll) Landscaped areas shall be provided with a smart irrigation controller which automatically adjusts the frequency and/or duration or irrigation events in response to changing weather conditions. Additional water conservation technology (i.e., soil moisture sensors, rain sensors) may be required, where necessary; mm) Valves are provided in below grade valve boxes to minim ize vandalism and enhance the appearance of the irrigation system; nn) A manual shut-off valve shall be required as close as possible to the point of connection of the water supply, to minimize water loss in case of an emer- gency or routine repair; oo) A pressure regulator when the static water pressure is above or below the recommended operating pressure of the irrigation system; pp) Areas including turf, less than eight (8) feet in width in any direction shall be irrigated with subsurface irrigation or low-volume irrigation technology; qq) In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone; and rr) Show all existing street improvements, landscaping, and signs to remain. 4.2.d Packet Pg. 134 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 151 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 19 of 28 Prior to Building Permit Occupancy 92. Provide cut sheets or drawings illustrating proposed amenities, including street fur- niture, bollards, bicycle racks, mail box design, and the outdoor amenities serving the senior residential develoment. The amenities shall have a unified design for the entire Project. 93. The developer/applicant or successor in interest shall record a “Water Quality Man- agement Plan and Urban Runoff BMP Transfer Access and Maintenance Agree- ment,” to provide public notice of the requirement to implement the approved Final project-specific WQMP and the maintenance requirements associated with the WQMP. 94. The developer/applicant or successor in interest may have to secure coverage un- der the State’s General Industrial Activities Storm Water Permit as issued by the State Water Resources Control Board. 95. The developer/applicant or successor in interest shall ensure the following, pursuant to Section XII. I. of the 2010 NPDES Permit: nn) Field verification that structural Site Design, Source Control, and Treatment Control BMPs are designed, constructed and functional in accordance with the approved Final Water Quality Management Plan (WQMP). City WQMP Inspector will be notified for required inspections during construction. 96. The contractor responsible for the installation of the parking lot lighting shall certify in writing to the City that the installed lighting meets the specifications of the approved parking lot lighting plan and that lighting does not exceed one-half foot candle along all property lines. 97. The developer/applicant or successor in interest shall submit the following items for the landscape and irrigation development and maintenance: a) The signed Landscape Certificate of Completion pursuant to Section 17.325.070 – Certificate of Completion of the Development Code; b) The irrigation scheduling pursuant to Section 17.325.080 – Irrigation Sched- uling of the Development Code; c) The Landscape and Irrigation Maintenance Schedule pursuant to Section 17.325.090 – Landscape and Irrigation maintenance Schedule of the Devel- opment Code; and d) The Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis pursuant to Section 17.325.100 — Irrigation Audit, Irrigation Survey, and Ir- rigation Water Use Analysis of the Development Code. 98. Pursuant to Section 17.325.150 – Maintenance of the Development Code, all in stalled landscaping and irrigation systems shall be continually maintained. Mainte- 4.2.d Packet Pg. 135 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 152 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 20 of 28 nance shall consist of regular watering, mowing, pruning, fertilizing, clearing of de bris and weeds, monitoring for pests and disease, the removal and timely replace - ment of dead plants, and the repair and timely replacement of irrig ation systems, and integrated architectural features. Operational Conditions 99. The Project shall fully and continually comply with all applicable conditions of ap- proval, State, Federal and local laws in effect at the time the permit is approved and exercised, and which may become effective and applicable thereafter. Failure to do so will be grounds for Code Enforcement actions, revocation, or further legal action. 100. The City shall have the right to annually inspect the site and facilities to ensure compliance with the conditions of approval and to recover its actual costs related to such inspections from the property owner or tenant. 101. The lessee, owner, tenant, or other person having control of the premises for which parking or loading spaces are required by this case SPDR-16-7 shall not prevent, prohibit, or restrict authorized persons (including employees) from using the spaces without the prior written approval of the City’s Development Director. 102. The required parking and loading features (e.g., landscaping, parking surfaces, striping, signs, etc.) shall be continuously maintained in good condition by the per- son having control of the premises (e.g., lessee, owner, tenant, etc.). aa) Landscaping shall be kept alive and continually maintained in compliance with Section 17.330.090 (Landscaping Standards for Parking Areas) and Chapter 17.325 (Water Efficient Landscape and Irrigation). bb) Parking surfaces shall be kept free of holes and substantial deterioration. cc) Striping shall be visible. dd) Signs shall be kept in place, legible, and continually maintained. ee) Parked vehicles shall not extend over a property line or into a public right-of- way. ff) All parking and drive aisles shall be screened from the public right-of-way with a landscape hedge or decorative wall, as reviewed and approved by the Plan- ning and Community Development Director. gg) No outdoor storage of tires is permitted. hh) No outdoor repair or installation is permitted. 103. Required parking and loading spaces shall be usable and accessible. 4.2.d Packet Pg. 136 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 153 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 21 of 28 104. Parking facilities for vehicles and bicycles shall be provided and maintained in accordance with City Zoning Ordinance Sections 15.03 and 15.02 (E). 105. Handicapped parking spaces shall be provided and maintained in accordance with State law. 106. Lighting shall be provided throughout the parking area at all hours of customer and employee use. 107. No outdoor storage of tires/materials is permitted. 108. Loading areas shall be identified on the final site plan. Operational Conditions Minor Use Permit 16-3 109. A copy of the Conditional Use Permit and Final Conditions of Approval shall be available at the site and presented to City staff, including the Police Department and Code Enforcement, upon request. Failure to have the latest approved condi - tions available upon request will be grounds for revocatio n of the Conditional Use Permit. 110. The business windows of the convenience store shall not be tinted or obscured in any way, including by temporary or painted window signs, and the interior lighting of the building shall remain at adequate levels to clearly see into the business from the exterior. 111. All storage and display of merchandise and supplies must be conducted within the building. 112. Lighting shall be provided throughout the parking area at all hours of customer and employee use. BUILDING DIVISION 113. The developer/applicant or successor in interest shall pay for the appropriate Flood Control Improvements. 114. All required Fire Department vehicle access roads shall be maintained in a passable condition at all times for emergency Fire Department use. Gates or other obstructions shall be approved by the Fire Department prior to construction. 115. Fire hydrants shall be tested, accepted, and placed in service prior to any combus- tible material placed on the site. Hydrants shall be placed on all streets in and around all Projects. 116. All lumber scraps, combustible materials, and other debris shall be picked up daily, or more often as required by the Building and Safety Division. 4.2.d Packet Pg. 137 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 154 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 22 of 28 117. If water supply for fire hydrants is lost or if pressure is dramatically reduced, contact the City of San Jacinto, Building and Safety Division. 118. Fire Department access roads (curb, gutter, and all-weather surface), for 60,000 lbs GVW/traffic index of AC thickness of 0.25 feet, shall be provided prior to con- struction, or as approved by the Fire Department. Prior to Building Permit Occupancy 119. Specific addresses for each building shall be provided to make such number plainly visible from the public street, avenue, court, or alley upon which property fronts, and shall be contrasting color and background. PUBLIC WORKS DEPARTMENT 120. All exterior lighting shall be LED, including both wall packs and parking lights. In terior lighting shall be LED as well. FIRE DEPARTMENT CONDITIONS West Office of the Fire Marshal Responsibility: It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (SPDR-16-7) is required on all correspond- ence. Additional information is available at our website: www.rvcfire.org Questions should be directed to the Riverside County Fire Department, Office of the Fire Marshal at 2300 Market St. Suite 150, Riverside, CA 92501. Phone: (951) 955 -4777, Fax: (951) 955-4886. With respect to the conditions of approval for the referenced project, the Fire Department requires the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: 121. BLUE DOT REFLECTORS – Blue retro-reflective pavement markers shall be mounted on private streets, public streets, and driveways to indicate location of fire hydrants. 122. HYDRANT LOCATION – Fire hydrants shall be located within 400’ of all exterior portions of the structures, along required fire apparatus access roads, and adjacent to public streets in the quantities and up to the maximum distance as required by California Fire Code and Riverside County Fire Department. 4.2.d Packet Pg. 138 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 155 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 23 of 28 123. HYDRANT FIRE FLOW – Fire hydrant(s) shall be capable of delivering fire flow as required by the California Fire Code and Riverside County Fire Department stand - ards. 124. WATER VERIFICATION – The required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Approved water plans must be at the job site. 125. ADDRESS – The address shall be posted per Riverside County Fire Department standards and will be clearly visible from the public roadway. 126. FIRE DEPARTMENT ACCESS – Fire Department apparatus access shall be provided to within 150 feet of all portions of all buildings. Dri veway loops, fire ap- paratus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. 127. FIRE PROTECTION SYSTEMS – Fire sprinkler systems: All buildings 3,600 square feet or larger shall have NFPA 13 fire sprinkler systems installed per the California Building and California Fire Code as amended by Riverside County Ordinance 787 and San Jacinto Municipal Code. 128. Fire Sprinkler Monitoring Systems: Fire sprinkler systems(s) with 20 or more sprin- kler heads shall have a fire sprinkler monitoring system. Plans shall be submitted to Riverside County Fire Department for review and ap- proval. COUNTY OF RIVERSIDE ENVIRONMENTAL HEALTH 129. For the Convenience Store and Gas Station, the construction plan and permit shall be submitted to County of Riverside Department of Environmental Health and be approved prior to starting construction. 130. A Hazardous Waste Generator Permit must be obtained prior to operation. 131. An Underground Storage Tank operating permit must be obtained prior to opera- tion. DEH Hax Mat Plan Check process required. 132. A Hazardous Materials Business Plan permit must be obtained prior to operation. California Environmental Reporting System (CERS) submittal necessary (http://cers.calepa.ca.gov/) 133. An Underground Storage Tank Construction/Installation permit must be obtained prior to construction/modification/repair activities. 4.2.d Packet Pg. 139 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 156 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 24 of 28 RIVERSIDE COUNTY RTA 134. An ADA compliant sidewalk shall be constructed along the Main St frontage. The- sidewalk shall be connected to the curb for at least a 30’ x 8’ section to accommodate a bus stop boarding area approximately 100ft west of the Main St./Ramona Expressway intersection on W/B Main St. ENGINEERING DEPARTMENT With respect to the Conditions of Approval for the above referenced project, the City of San Jacinto requires that the developer provide the following street improvements and/or road dedication in accordance with the City of San Jacinto Municipal Code Title 12 and the Conditions of Approval. It is understood that the site plan and the map correctly shows all existing and proposed easements, traveled ways, rights-of-way, and drainage course with appropriate Q’s and that their omission may require the map to be resubmitted for further consideration. These Ordinances and the following conditions are essential parts and requirement occurring in ONE is as binding as though occurring in all. They are in- tended to be complimentary and to describe the conditions for a complete design of the improvements. Unless otherwise noted, all offsite improvements as conditioned shall be installed prior to issuance of any occupancy permits. All questions regarding t he true meaning of the conditions shall be referred to the City Engineer’s office. In the event of a conflict between any conditions stated below, those imposed by the Plan- ning Department and others, and requirements as identified in the approved Traffic Impact Analysis, the most stringent in the opinion of the City shall prevail. General Conditions 135. The project’s grading shall be in a manner to perpetuate existing natural drainage patterns. Any deviation from this, concentration or increase in runoff, must have ap- proval from adjacent property owners, and the City Engineer. Drainage easements shall be obtained from affected property owners or if within this site, shall be shown on the final map. The applicant shall accept the offsite runoff and c onvey to an ac- ceptable outlet. 136. Prior to issuance of any permit, the applicant shall secure City’s and appropriate agency’s approval of the improvement plans. 137. Prior to issuance of any building permit, the property owner shall obtain a grading permit and approval to construct for the Building and Safety Department and City Engineer. Prior to issuance of any building permit, the developer/property owner shall obtain a compaction test certification which shall be in compliance with the approved project geotechnical / soils report. 138. The applicant shall submit the following to the City Engineer for his review and ap- proval: a. Street Improvement Plans b. Traffic Signal Plans prepared by Traffic Engineer 4.2.d Packet Pg. 140 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 157 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 25 of 28 c. Signing and Striping plans prepared by Traffic Engineer d. Onsite Grading Plans, SWPPP, and Erosion Control Plan e. Water & Sewer Plans f. Drainage Plans, Hydrology and Hydraulic Reports g. Streetlight Plan per City of San Jacinto standards and prepared by Electrical Engineer h. Final WQMP (for reference) 139. The project’s design shall be in compliance with EMWD, Riverside County Flood Control and Water Conservation District, Riverside County, and Caltrans standards, and coordinated with approval plans for adjacent developments. 140. All pads shall be graded to be a minimum of 1’ above 100-year calculated water surface elevations, or adjacent finished grade. 141. The design and construction of proposed improvements shall be coordinated with the existing improvements adjacent to this project. 142. Prior to issuance of building permits, paved access to the proposed building shall be provided. 143. The developer shall provide water and sewer services to this project in accordance with the requirements of the appropriate utility purveyor. This p roject is within the Eastern Municipal Water District’s sewer and water service area. Water and sewer improvements shall be installed per EMWD Standards and Fire Department require - ments. 144. On and offsite fire hydrants shall be installed as determined by the Fire Department. NPDES & Drainage: 145. The project proposes to discharge outlet flows to an existing downstream 24” RCP in Tract 32053-1; this system has not been accepted for maintenance by the City. Therefore, prior to approval of grading plans, the applicant shall obtain permission for the connection. The project site shall not increase the peak runoff to the existing storm drain and adequacy of the receiving drainage system including the basin shall be analyzed. The discharge of the exist ing basin to City right-of-way and properties downstream of Tr. 32053-1 is a concern and installation of minimum sized (24” RCP) and discharge to an adequate outlet shall be required. Alternatively, if said provisions are not feasible due to technical/financial constraints, the applicant shall analyze conveyance of runoff northerly of the project site; respec- tive easements shall be obtained and secured respectively. 146 Prior to approval of a grading plan, the developer/property owner shall comply with the Federal Clean Water Act and prepare a Storm Water Pollution Prevention Plan (SWPPP) and WQMP for this development. A copy of the SWPPP shall be made available at the construction site at all times during construction. 147. All grading and drainage improvements shall comply with NPDES guidelines and Best Management Practices. Erosion control plans shall be prepared and submitted 4.2.d Packet Pg. 141 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 158 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 26 of 28 to Regional Water Quality Control Board, and the City, as part of the grading plans. Catch basins shall be installed at main drive to eliminate nuisance runoff. 148. The incremental increase in runoff between developed (100 -year) and undeveloped state, and the nuisance runoff, shall be retained within onsite private detention facili- ties and discharged to adequate outlet as approve d by the City. 149. Onsite landscape area(s) shall be designed in a manner to collect the onsite nuisance runoff in compliance with WQMP Best Management Practices, and NPDES guide- lines. 150. Drainage and flood control facilities and improvements shall be provided in accord- ance with Riverside County Flood Control and Water Conservation District, and the City of San Jacinto requirement, and the following: a. This project is located within the limits of the San Jacinto Area Drainage Plan for which drainage fees have been adopted by the City. Drainage fees shall be paid as set forth under the provisions of the “Rules and Regulations for Administration of Area Drainage Plan”. The project is proposing to retain all onsite generated flows within onsite basins, only treated emergency flows will be discharged into public rights-of-way. All onsite nuisance runoff including irrigations from parkways shall be collected and conveyed to onsite basins. b. Drainage facilities outletting sump conditions shall be designed to convey the trib- utary 100-year storm flows and additional emergency escape shall also be pro- vided. On and offsite storm drain facilities and catch basins to mitigate the nui- sance runoff will be required as determined by the City. 10-year flow shall be re- tained within curb to curb and 100-year storm retained within right-of-way. Any work within Riverside County Flood Control’s right-of-way requires issuance of per- mit. A comprehensive drainage report shall be submitted to City Engineer for re- view and approval. c. The project’s street and grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area and outlet points. No ponding of upstream and downstream properties shall be permit- ted. Detailed hydrological studies and calculations shall be submitted to support the design of the project. d. Catch basin(s) and underground drainage pipes (minimum of 18” RCP) shall be installed in order to eliminate the nuisance runoff from X-gutters at existing inter- section and all proposed driveways and intersections shall be taken onsite and connected to onsite WQMP. 4.2.d Packet Pg. 142 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 159 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 27 of 28 Street Improvements & Dedications 151. A 12’ wide Class I multi-purpose trail shall be added to Ramona Expressway. A 6’ wide concrete sidewalk shall be installed along Main Street. All sidewalks, multi-pur- pose trails, and driveways shall be installed pursuant to Riverside County and ADA standards. All driveway approaches shall be constructed per Riverside County stand- ards for Commercial Driveways (Std. 207A) and comply with the most recent ADA requirements in effect at the time of construction. 152. Improve Ramona Expressway to Urban Arterial Highway Standard (73’/55’) and to include installation of half-width street improvements along the property frontage, 14’ (or as appropriate) wide raised landscaped median, curb and gutter and sidewalk located 55’ west of centerline. The existing pavement if in good condition may be grind/overlay as determined by City Engineer. The design shall provide for lane as- signments as depicted on conceptual striping plan prepared by TJW dated July 12, 2017. Additional right-of-way to accommodate turn lanes may be required and shall be determined during plan check process. 153. Improve Main Street to Secondary Highway Standard (50’/32’) and to include instal- lation of half width street improvements along the property frontage, new paving, curb and gutter and sidewalk located 32’ north of centerline. The existing pavement if in good condition may be grind/overlay as determined by City Engineer. 154. Upgrade the existing traffic signal at the intersection of Main Street and Ramona Expressway to ultimate location per City and Riverside County standards and as shown on said TJW plan. 155. Install traffic signal, to ultimate design, at the project’s site’s northerly driveway and Ramona Expressway. 156. The public improvements on Ramona Expressway and Main Street shall accommo- date and correspond to the Conceptual Striping Plan from TJW Engineering dated July 12, 2017. Transitional lanes to accommodate the driveways shall be installed as determined by the developer’s Traffic Engineer. 157. Existing cables (under 66kv) shall be removed, poles removed and undergrounded. All other poles if in conflict with existing improvements shall be relocated. 158. Streetlights shall be installed adjacent to the site as approved by City Engineer, per City of San Jacinto. The street light plan shall be prepared by a registered Electrical Engineer and shall be LS-3, LED type. 159. City has reviewed the traffic study submitted by TJW Engineering, In. for the refer- enced project. Mitigation measures identified in the study dated September 6, 2016 and as revised dated June 1, 2017 shall be completed by the applicant prior to issu- ance of the first certificate of occupancy or fair share fee as determined by City paid prior to issuance of Building Permit(s). No phasing of public/offsite improvements shall be considered. 4.2.d Packet Pg. 143 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 160 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Revised Conditions of Approval March 18, 2019 Page 28 of 28 160. The property owner(s) shall support the continuous maintenance of the street lighting by annexing to the Landscaping, Lighting, and Park District No. 2 prior to Certificate of Occupancy. All onsite lighting, drainage facilities, WQMP improvements and park- ing/median landscaping shall be the responsibility of the property own er(s). The prop- erty owner(s) shall pay 100% of the maintenance cost of proposed traffic signal at the new driveway and be responsible to pay its share of the maintenance of existing signal at Lake Park. Parcel Map: 161. The Parcel Map is a financing map and shall be recorded prior to issuance of any permit and shall reflect the dedications as shown on the Tentative Map. 162. Prior to approval of the Parcel Map, securities and a public improvement agreement shall be required to be submitted and executed as a guarantee of the completion of the improvements required as a condition of approval of the project. 163. All easements and/or right-of-way dedications shall be offered for dedication to the public and shall continue in force until City accepts or abandons such offers. All ded- ications shall be free from all encumbrances as approved by City. 164. Relinquish and waive rights of access to and from Ramona Expressway and Main Street on the Final Map with the exception of two (2) openings on Ramona Express- way and one (1) opening on Main Street as delineated on the Site Plan. The most southerly driveway on Ramona Expressway may be a signalized full access opening. The northerly driveway on Ramona Expressway is restricted to right-in/right-out only. 4.2.d Packet Pg. 144 Attachment: Planning Commission Recommended Conditions of Approval (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2,3.A.4.e Packet Pg. 161 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) March 18, 2019 TO: Planning Commission REQUESTED BY: Travis Randel, Community Development Director APPROVED BY: Robert A. Johnson, City Manager SUBJECT: GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade RECOMMENDATION: Staff recommends that the Planning Commission: 1. DETERMINE that this proposed Project will not have a significant effect on the environment based on the findings set forth in the case record and RECOMMEND that the City Council: a. ADOPT A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) pursuant to the California Environmental Quality Act (CEQA). 2. RECOMMEND that the City Council: a. APPROVE General Plan Amendment 16-1 to change the General Plan Land Use Designation from Low Density Residential (LDR) to Community Commercial (CC); and, b. APPROVE Change of Zone 16-1 to change the Zoning Designation from Residential Low Density (RLD) to Community Commercial (CC); and, c. APPROVE Planned Development Permit 18-1; and, d. APPROVE Minor Use Permit 16-2 to permit a Senior Housing Development; and, e. APPROVE Minor Use Permit 16-3 to permit Service Station; and, f. APPROVE Minor Use Permit 16-4 to permit a Drive-Thru Restaurant; and, g. APPROVE Tentative Parcel Map 37099 to subdivide the project site into nine (9) parcels. 4.3 Packet Pg. 149 4.2.e Packet Pg. 145 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 162 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) 3. ADOPT Planning Commission Resolution 19-05 recommending City Council approval of GP16-1, CA16-1, PD18-1, MUP16-2, MUP16-3, MUP16-4 and TPM 37099, subject to Findings of Fact and Conditions of Approval set forth in the case record. LOCATION AND SETTING KPC Promenade is a proposed mixed-use development on 25.65 gross (22.43 net) acres of land located at the northwest corner of Main Street and the Ramona Expressway. The property is identified by Assessor Parcel Numbers 433-130-021 and 025. The project location is shown in Figure 3. This project would introduce commercial services in the east part of the City, and compliment the new Soboba Hotel and Casino located one-half mile east of the site. The site is relatively flat. Ramona Expressway increases in elevation in the southbound direction that results in an elevated street of approximately 16 feet at the intersection with Main Street. The project is required to dedicate 19 feet of right-of-way for Ramona Expressway to meet the standard of a 55-foot half-width paved section within a 73-foot half-width right-of-way. A Class 1 multi-purpose trail exists within the parkway along Ramona Expressway. An additional 25- foot scenic setback is required beyond the right-of-way where improvements are restricted to landscaping. Additional right-of way for street improvements may be required to implement the approved striping plan. Street dedications and improvements are addressed in the conditions of approval. The applicant has submitted a striping plan to verify lane configurations and needed right-of-way to meet an acceptable level of service. Access is provided from three points for the project. The most northerly access on Ramona Expressway will be a full turn signalized intersection, while the southerly access on Ramona Expressway will be restricted to right in and right out. A full access is also proposed on Main Street. Signal requirements are addressed in the conditions of approval. A recorded single family subdivision has been graded but not constructed west of the project site. A 3.20-acre portion of the recorded subdivision is included as a designated Remainder Parcel on the Parcel Map. Local streets have been constructed in the adjoining subdivision, identified at Cornflower Avenue, Poppy Street, Prickly Pear, and Sedum Avenue. Cornflower Avenue and Poppy Street stub into the proposed development. A portion of the approved tentative map underlies the project site. Improvements to properly terminate these streets are included in the conditions of approval. Property to the north remains in active agricultural use. Mitigation measures require a Right-to- Farm covenant be recorded prior to the issuance of any permits in order to protect th e adjoining farming interests. 4.3 Packet Pg. 150 4.2.e Packet Pg. 146 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 163 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) PROJECT DESCRIPTION The KPC Promenade project is comprised of 155,200 square feet of commercial uses anchored by a 120-room hotel. Other uses include a combination service station, convenience store, and car wash; a restaurant, two drive-through restaurants, a combination retail and restaurant building, and a medical office. The project also includes a 114 room senior residential apartment complex. The hotel sits 12 feet below the grade of the Main Street and Ramona Expressway intersection and consist of four-stories, having a height of 60 feet. The structure is topped with an observation deck and an illuminated dome extending up to 96 feet. The hotel and include a roofline observation deck. The hotel footprint is designed with a central lobby flanked by guest room wings extending to the north and west. A porte-cochere defines the entrance extending from the lobby for guest arrivals. Parking areas are provided to the north and west of the building. A pool is shown off th e west wing. A 24-foot fire drive extends around the building to provide emergency access from all sides. The hotel will encompass 125,000 SF. A 75% increase in parking is required if public amenities, such as a restaurant, gym, retail store, or other uses open to the public are provided. The conditions of approval prohibit amenities within the hotel that serve the public other than the guests of the hotel because of limited parking. The hotel is designated as Parcel 6 on Parcel Map 37099 and contains 5.51 gross acres. The parcel includes the hotel footprint access drives, and the majority of the two parking fields discussed earlier. A 6,200 square foot urgent care medical office building, located in close proximity to the senior housing, is proposed along Main Street. The medical center is designated as Parcel 7 on Parcel Map 37099 and contains .93 gross acres. Four commercial pads are proposed along Ramona Expressway that would include the 5,000 square foot full service restaurant, a 4,300 square foot drive-through restaurant, a 3,500 square foot drive-through restaurant, and the combination retail and restaurant building totaling 6,300 square foot. The 5,000 square foot table service restaurant is proposed along the Ramona Expressway north of the hotel. No floor plans have been provided and will be required, under the conditions of approval, for staff review and approval prior to the issuance of any building permits. The restaurant is designated as Parcel 5 on Parcel Map 37099 and contains 1.72 gross acres. The building would sit approximately 6 feet below Ramona Expressway. The parcel includes the restaurant building footprint, half of the access driveway from Ramona Expressway, half of the interior main access drive, and parking area. 4.3 Packet Pg. 151 4.2.e Packet Pg. 147 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 164 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) The 4,300 square foot fast food restaurant is proposed along the Ramona Expressway, north of the combination retail store and restaurant. The restaurant would sit at grade with the Ramona Expressway. No detailed floor plan was provided and will be required, under the conditions of approval, for staff review and approval prior to the issuance of any building permits. The restaurant is designated as Parcel 2 on Parcel Map 37099 and contains 1.60 gross acres. The parcel includes the restaurant building footprint, drive-through lanes, half of the main access driveway from Ramona Expressway, half of the interior access drive, and parking area. The 3,500 square foot drive through restaurant is proposed along the Ramona Expressway, north of the 5,000 square foot restaurant. Both drive through restaurants require a Minor Use Permit. This restaurant would sit 3 feet below the elevation of the Ramona Expressway. No floor plans have been provided and will be required, under the conditions of approval, for staff review and approval prior to the issuance of any building permits. The restaurant is designated as Parcel 4 on Parcel Map 37099 and contains 1.24 gross acres. The parcel includes the restaurant building footprint, drive-through lanes, half of the access driveway from Ramona Expressway, half of the interior access drive, and parking area. The 6,300 square foot combination retail store and restaurant is proposed along the Ramona Expressway, north of the fast food restaurant and is allowed with Site Plan and Design Review approval. The store would sit at grade with the Ramona Expressway. Final floor plans will be required, under the conditions of approval, for staff review and approval prior to the issuance of any building permits. The retail store is designated as Parcel 3 on Parcel Map 37099 and contains 1.63 gross acres. The parcel includes the retail store building footprint, half of the interior access drive, and parking area. A 16 pump service station with 3,500 square foot convenience store and car wash is proposed at the northeast corner of the project site along the Ramona Expressway and is allowed with a Minor Use permit. The service station is designated as Parcel 1 on Parcel Map 37099 and contains 1.89 gross acres. The parcel includes the service station footprint, car wash lanes, half of the main access driveway from Ramona Expressway, and parking area. A detailed floor plan will be required for staff review and approval prior to the issuance of building permits that shows sales areas, storage, office, and other elements of the store. The facility is setback 10 feet from the north property line. A senior apartment complex is proposed within a three-story structure to accommodate 69 one- bedroom units and 45 two-bedroom units for a total of 114 apartments. Senior housing projects are allowed with a Minor Use Permit. Partial floor plans have been submitted for this complex. Each unit is designed with a living room and efficiency kitchen, bathroom and bedroom(s). A ground floor patio and upper floor deck is provided for each unit. A 9,650 square foot clubhouse and office is shown, as well as an outside garden and pool area. Amenities are shown on the project’s conceptual landscape plans. These include a garden area, pet area, pool and spa, two bocce ball courts, and outdoor restrooms along the western side of the units. The senior apartment complex is designated as Parcel 8 on Parcel Map 37099 and contains 7.02 gross acres. 4.3 Packet Pg. 152 4.2.e Packet Pg. 148 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 165 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) The plan shows 1 enclosed garage parking space for each of the 114 dwelling units. The parking area is arranged on the east and west side of the apartment units with additional parking for 12 guests and 12 staff for a total of 138 spaces. The garages are set back 20 feet from the westerly project boundary. A storm water retention basin is designated as Parcel 9 on Parcel Map 37099 and contains .85 net acres that will be privately maintained. It is located at the west portion of the northerly property line. The 100-foot wide channel outlets into the 15-foot setback along the westerly boundary. The basin includes a spillway that will convey excess flows to a basin west of the site within Tract 32053. This project will be required to participate in a fair -share agreement for the maintenance of that facility. A parking field for commercial uses is planned between the commercial pads along Ramona Expressway and the senior housing development. This parking field contains 422 parking spaces for commercial and office uses. Primary access through the site will be provided from a 30-foot internal main private drive serving commercial and residential uses. Parking aisles of 25-feet will branch off the private drive. A second 30-foot driveway will loop to the hotel entry. Access for full turning movement will be provided from the northerly entry at Ramona Expressway and from Main Street. A right in- right out access will be provided from the southerly entry on Ramona Expressway. The overall site plan, (SPDR Case No. 16-7) is shown in Figure 8. Access to the senior apartments will be from a gated entry behind the service station and off the access drive at Main Street. APPLICATIONS General Plan Amendment No. 16-1 The existing General Plan Land Use designation for the project site is Low Density Residential (LDR) 2.0 to 5.1 du/acre. An Amendment to Community Commercial (CC) is necessary in order to allow the project. Change of Zone Case No. 16-1 The existing zoning on the site is Residential Low (RL). A zone change to General Commercial (CG) is necessary to allow the project. The CG Zone is also applicable to the proposed senior residential complex because senior housing is conditionally allowed with approval of a Minor Use Permit pursuant to Section 17.220.020 of the San Jacinto Development Code. Planned Development Permit 18-1 The project is being processed with Planned Development Permit 18-1 pursuant to Chapter 17.620 of the Development Code. The purpose of Planned Developments is to ensure efficient land and better living environment, ensure high standards of environmental quality, and to 4.3 Packet Pg. 153 4.2.e Packet Pg. 149 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 166 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) provide a level of enhanced amenities. Under the provisions of this Chapter, the permit may adjust, where necessary and justifiable, all applicable development standards. Two major adjustments are proposed that related to building height and parking count. Building Height The Development Code allows a maximum height of 45 feet in the Commercial General Zone. The proposed hotel is designed for up to 60 feet of living space and an illuminated dome that would extend to 96 feet. In consideration of this request, staff has evaluated emerging development trends in the area that are becoming more intense, and photo simulations were required to evaluate the effect of the greater height upon the local community and scenic vistas. The photo simulations are provided in the separate booklet. Parking The applicant is proposing 422 commercial spaces where 468 spaces are required. The Development Code allows adjustments to parking subject to a Shared Parking analysis. The applicant has submitted the analysis that supports the adequacy of the proposed parking count due to travel between on-site uses, and restriction on future amenities within the hotel, which account for the difference in the number of the space requirements. The senior residential project provides the required 138 parking spaces for an overall total of 560 spaces where the Shared Parking analysis shows a need for at least 541 spaces. The parking plan complies with CalGreen Building Code mandatory provisions for long-term (lockers) and short-term (racks) bicycle parking, as well as electric vehicle/van pool/ charging stations. A parking analysis is provided in Table 1. Site Plan and Design Review Case No. 16-7 An SPDR is required pursuant to Section 17.630 of the Development Code to assure high quality design and architecture, to encourage innovation, and to provide for the adequate dedication of land for public or communal purposes. The SPDR assures continuity of landscaping, parking, refuse collection facilities, and street hardware throughout the development. Components of this case that are provided include a conceptual landscape and fencing plan that also addresses amenities serving the senior housing development. Components that have not been provided and are addressed through the conditions of approval include a floor plan and photometric plan for the hotel and a color and materials sample board for all buildings. Minor Use Permit 16-2 (Senior Housing Development) A MUP is required to allow senior residential projects with the Commercial General Zone. The MUP also requires design, development, and operational conditions to be developed focusing on this use. Modifications can be made to the use without effecting the entire project site. 4.3 Packet Pg. 154 4.2.e Packet Pg. 150 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 167 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Minor Use Permit 16-3 (Service station) A MUP is required for any service station use and functions in the same way as described above. A noise study to assess noise levels from the car wash upon future development to the north is required prior to any permits for the car wash as a condition of approval. Minor Use Permit 16-4 (Drive-through restaurant) A MUP is required for the drive-through business and it functions in the same way as described under the senior housing development MUP. This MUP is somewhat unusual in that two prospective businesses are covered under one application, thus changes to the conditions made by one business will affect the other business. This procedure is allowed because design and operational conditions are the same for each business. Tentative Parcel Map 37099 Tentative Parcel Map 37099 is to subdivide the property into 9 parcels. Each business and use will be located on individual parcels. This will aid in the sale or lease of future business sites to operators. Each parcel is design to include a portion of the circulation system for access. The parcel map must also address a final design for the stub streets at Poppy St. and Cornflower along the west boundary. This will include landscape treatments to buffer the boundary shared with the senior residential development. A covenant is required to establish access rights, landscape maintenance, shared parking (except for the senior residential development), and retention basin maintenance. This may be in the form of an association encompassing the entire development. The parcel map includes a remainder parcel that staff does not support because it does not address public improvements, utilities, and underlying recorded lots and dedicated streets. Whether that parcel should remain residential or be converted to commercial needs to be addressed separately. PARKING Table 1 presents a parking analysis for the proposed project. The three left columns show the type of land use, the formula to calculate parking, and the number of required parking spaces as set forth in the Development Code. The Shared Parking Analysis prepared by TJW Engineers calculates the minimum parking required based on the interactivity between land uses. The Shared Parking Analysis is intended to produce only an aggregate number of parking spaces rather than an individual parking count for each business. However, staff requested a calculation for each business in order to evaluate how the parking is distributed within the project site. The Proposed Parking analysis is simply a count of the parking spaces within the same parcel for each business under proposed Parcel Map 37099. The total number of spaces required for each free-standing use under the Development Code is 606. The total spaces proposed is 560. The Shared Parking Analysis stipulates that the project should have a minimum of 541 parking spaces. The Development Code parking requirements do not take into account pedestrian travel between the hotel and restaurants and the senior 4.3 Packet Pg. 155 4.2.e Packet Pg. 151 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 168 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) residential complex and restaurants. The parking calculations also do not include provision of bicycle racks and lockers to encourage alternate forms of travel to the site. These factors would logically reduce parking demand and result in an adequate supply of parking spaces. A maintenance and reciprocal parking agreement is required as a condition of approval. Table 1- Parking Analysis Use Parking Formula Required Parking Spaces per Shared Parking Analysis Proposed Parking Hotel 1.1 space per room + 75% for accessory uses open to public. 132 for rooms only 162 (includes rooms and observation deck) 121 Medical Center 1 space per 200 SF 31 26 33 Restaurant sit- down 1 space per 50 SF (Pad 5) 128 59 128 Restaurant fast food 4,300 SF 1 space per 200 SF up to 2000 SF/ 1 space per 60 SF over 2000 49 62 48 Restaurant fast food 3,500 SF 1 space per 200 SF up to 2000 SF/ 1 space per 60 SF over 2000 35 50 31 Restaurant Totals 212 171 207 Retail Store and restaurant 1 space per 250 SF and 1 space per 50 SF. 73 35 35 Service station & Convenience store 1 space per 225 SF + 1 space per employee, largest shift 20 9 26 Senior Apartments 1 space per unit. Guests 1 spacer per 10 units 138 138 138 Total spaces 606 541 560 ARCHITECTURAL DESIGN The architectural program is unified and offers a strong identity for the project. All buildings feature multi-plane walls, columns and broad cornices, with a variety of surface materials. These material include aluminum channel panels, rock veneer, and stucco. Window treatments are multi-pane glass positioned at a pedestrian scale. Rooflines vary among each building to provide its own identity with the development. Light fixtures and cornice caps have a unified design to tie the overall concept together. This theme extends to the hotel. 4.3 Packet Pg. 156 4.2.e Packet Pg. 152 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 169 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) SIGNAGE No sign plans or designs are being considered as part of this project. A master sign program is required under the conditions of approval to be submitted after at least one business has committed to the project. In this manner, at least that sign package can be included in the master sign program. DESIGN ANALYSIS Except for the height and parking issues addressed under the Planned Development Permit, the project generally complies with the provisions of the Development Code, as conditioned. The applicant made some significant changes at staff’s request during the early stages of the process. These involved a primary interior drive between access points at Ramona Expressway and Main Street, and provision for resident and visitor parking for the senior apartments to be internalized within that complex. Staff also encouraged the applicant to consider an internalized building arrangement along a promenade mall extending from the hotel, in keeping with the name of the project. The concept is based on a similar commercial design at the Riverside Plaza (Riverside) and Victoria Gardens (Rancho Cucamonga) that are pedestrian-friendly and very successful. However, the applicant desired to retain their original concept. Staff encouraged the applicant to consider merging the proposed retention basin with a greenbelt between the senior housing and the exiting stub streets on the west to create a joint use of the facility, and to create a buffer between senior apartments and single family housing. The applicant desired to retain the proposed design and there may be engineering functionality issues as well. PUBLIC NOTICE AND COMMENTS The environmental review (Initial Study) and public hearing for this Project were originally advertised for the February 26, 2019 Planning Commission hearing. Since the State Department of Fish and Game is a responsible agency over habitat mitigation, the project needed to be circulated and reviewed through the State Clearinghouse for 30 days, concluding on February 23. A separate review period was set up for public review at the local level. Staff consolidated the public review at all levels, and a new review period was established beginning on February 13 and concluding on March 13, 2019. In doing so, the Planning Commission hearing was reset to March 18, 2019. 4.3 Packet Pg. 157 4.2.e Packet Pg. 153 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 170 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) The City received written comments from local resident Linda Lane and the Golden State Environmental Justice Alliance. Although not required under CEQA, staff prepared responses to each comment that are included in your packet. ENVIRONMENTAL ANALYSIS The project is subject to the Tribal Consultation process under SB 18 and AB 52. These consultations were initiated upon receipt of the project cultural resources report. The City of San Jacinto contacted the Tribes who were either designated by the Native American Heritage Commission under SB 18, and/or who had requested notification under AB 52 on August 22, 2016. The City received a formal request from the Soboba Band of Luiseno Indians to initiate consultation on this project. Consultation occurred on December 8, 2016 with Mr. Joseph Ontiveros, Cultural Resource Director for the Soboba Tribe. Mr. Ontiveros had been provided a copy of the cultural resource report prepared by Scientific Resource Surveys. Based on this report and the subsequent consultation meeting, no further study is required and the SB 18 and AB 52 processes were closed out on December 13, 2016. The initial study identified a number of issues that require mitigation programs to reduce impacts to a level of insignificance. The key issues are as follows: Aesthetics: Although the Planned Development application is a means to grant additional height over development Code limits, the environmental effects of greater height still have to be reviewed. Photo simulations demonstrated that scenic vistas are not impacted, except from the easterly vantage along Main St. Here, views to the lower foothills would be blocked, but the upper elevations and ridgeline would still be visible. Secondly, the proposed project features a 96-foot illuminated tower. A photometric study is required when building plans become available and lighting specifications are known. This is required prior to issuing any building permits. The impact is considered less than significant. Agriculture: The project site is shown as Unique Farmland in the San Jacinto General Plan. The project site was designated on the General plan for urban land use in the form of Low Density Residential. The project site is not currently farmed. A right-to-farm covenant is required to reduce impacts to adjoining farm land to a level of insignificance. Biology: The property hosts habitat for four species of concern; the burrowing owl, the San Bernardino Kangaroo Rat, (SBKR), the Los Angeles Pocket Mouse, (LAPM), and the Stephens Kangaroo Rat (SKR). Protocol trapping studies were conducted. Habitat burrows of the burrowing owl were observed during an initial field survey in 2016, but had been destroyed upon a subsequent visit in 2018. There is no evidence that these species still occupy the property. The SBKR and LAPM occupy lands that adjoin the Ramona Expressway. A Determination of Biologically Equivalent or Superior Preservation study was conducted with the Riverside Conservation Agency (RCA) that resulted in a mitigation program. The program involves trapping and relocating the species to another site approved by the RCA, monitoring their 4.3 Packet Pg. 158 4.2.e Packet Pg. 154 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 171 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) progress on the replacement site, and endowing the program to accomplish the mitigation. The project will also be required to pay the mitigation fee for impacts to the Stephens Kangaroo Rat. These provisions will reduce the impact on biological resources to a level of less than significant. Cultural Resources: The project site contains an abandoned water tank and ruins of a pump house. The cultural resource consultant did not find these to be significant. The valley has often yielded subsurface artifacts during ground disturbance activities. Therefore, conditions require that the developer retain a qualified archaeologist and a Native American Monitor to prepare an Archaeological Mitigation and Monitoring Plan to address procedures during site disturbance and a Treatment and Disposition Agreement with the Soboba Band of Luiseño Indians to address treatment and disposition of any found archaeological/cultural resources and human remains. Public Services: The property lies within the service area of the City of San Jacinto, but outside of a water pressure zone. Service may be upgraded to provide adequate water pressure and supply by constructing a booster station and storage tank. Alternatively, service may be provided by Eastern Municipal Water District. The developer has been working with EMWD to develop a water service plan for almost a year. Mitigation measures require that a water service provider be confirmed prior to the issuance of any permits. Traffic: Street improvements are required at the intersections of San Jacinto Avenue/Ramona Expressway and San Jacinto Avenue/Main Street-Ramona Blvd. The project must pay Transportation Uniform Mitigation Fees (TUMF) to be used, in part, to mitigate impacts at Sanderson Avenue/Ramona Expressway. Additional Measures: Other mitigation measures are also required to mitigate impacts to hydrology, termination of circulation to the west, recreation, and noise from the car wash. Staff is able to recommend adoption of a Mitigated Negative Declaration with the proposed mitigation measures in place. Summary Based upon the information contained in the Initial Study and pursuant to the requirements of CEQA; it has been determined that this Project, with the incorporation of mitigation measures, will not have a significant impact on the environment. The mitigation measures required to reduce or mitigate the impacts of this Project on the environment are included in the Project design and/or the Mitigation Monitoring Program and will be included as part of the Mitigated Negative Declaration for this Project. As a result, it is recommended that the Planning Commission adopt a Mitigated Negative Declaration for this Project. FISCAL IMPACT: There is no impact to the General Fund since all project costs are borne by the applicant. The KPC Promenade mixed use development will be funded through private capital. 4.3 Packet Pg. 159 4.2.e Packet Pg. 155 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 172 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) CONCLUSION: As designed and conditioned, the proposed KPC Promenade mixed use development will provide needed goods and services that are presently lacking in the east portion of the community, it will reflect favorably on the City of San Jacinto, and generate a positive economic benefit to the City. ATTACHMENTS: 01. Resolution 19-05 02. Conditions of Approval 03. Location Map 04. Current General Plan 06. Current Zoning 05. Proposed General Plan 07. Proposed Zoning 08. Site Plan 09. Project Plans 10. TPM 37099 11. Initial Study and Mitigated Negative Declaration 12. Mitigation Monitoring and Reporting Program 4.3 Packet Pg. 160 4.2.e Packet Pg. 156 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 173 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) RESOLUTION PC 19-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO, CALIFORNIA RECOMMENDING APPROVAL TO THE SAN JACINTO CITY COUNCIL GENERAL PLAN AMENDMENT 16-1, CHANGE OF ZONE 16-1, PLANNED DEVELOPMENT PERMIT 18-1, SITE PLAN AND DESIGN REVIEW 16-7 AND MINOR USE PERMITS MUP-16-2 TO PERMIT A SENIOR RESIDENTIAL HOUSING COMPLEX, MUP 16-3 TO PERMIT A SERVICE STATION, CAR WASH AND CONVENIENCE STORE, MUP 16-4 TO PERMIT TWO DRIVE THROUGH RESTAURANTS, AND TENTATIVE PARCEL MAP 37099 TO SUBDIVIDE THE PROJECT SITE INTO NINE PARCELS LOCATED AT THE NORTHWEST CORNER MAIN STREET AND THE RAMONA EXPRESSWAY (KPC PROMENADE). WHEREAS, Latham Management Group filed the following applications on May 17, 2016: 1) General Plan Amendment 16-1 from Low Density Residential (LDR) to Community Commercial (CC), 2) Change of Zone 16-1 from Residential Low (RL) to General Commercial (CG), 3) Site Plan and Design Review (SPDR 16-7), 4) Minor Use Permit 18-2 to permit a senior residential complex, 5) Minor Use Permit 16-3 to permit a service station/car wash/convenience store, and 6) Minor Use Permit 16-4 to permit two drive through restaurants. On December 17, 2018, Latham Management Group also filed 7) Planned Development Permit 18-1, and Tentative Parcel Map 37099. The foregoing described applications are referred to herein, collectively, as the “Applications” and pertain to that certain real property located at the northwest corner of Main Street and the Ramona Expressway and commonly described as Assessor Parcel Numbers 433-130-021 and 433-130-025 (“Subject Site”). WHEREAS, the Applications propose to establish a project referred to as the “KPC Promenade” within the proposed Community Commercial (CC) land use designation of the San Jacinto General Plan. The proposed project is sometimes referred to herein as the “Project”. WHEREAS, the Applications propose to establish the KPC Promenade development under Minor Use Permits within the General Commercial (CG) Zone, which also allows senior residential uses under a Minor Use Permit. WHEREAS, the Applications proposed to establish the KPC Promenade are Planned Development Permit 18-1 and SPDR 16-7 filed for the review of the Subject Site, MUP 16-2 to permit a senior residential complex, MUP 16-3 to permit a service 4.3.a Packet Pg. 161 Attachment: 01. Resolution 19-05 (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 157 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 174 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) station/car wash, convenience store, and MUP 16 -4 to establish two drive through restaurants. WHEREAS, the Applications propose to establish the KPC Promenade development under Tentative Parcel Map 37099, which would establish separate legal parcels for each building within the Project. WHEREAS, the proposed zoning is appropriate for the Project because the senior residential complex, service station/car wash/ convenience store, and drive through restaurant uses are conditionally permitted; and the hotel and restaurant are permitted uses in the proposed General Commercial (CG) Zone. WHEREAS, the Project was reviewed, studied, and found to not have a significant effect on the environment under the California Environmental Quality Act (“CEQA”) as more fully described below. WHEREAS, on March 18, 2019 the Planning Commission of the City of San Jacinto (“Commission”) conducted a duly noticed public hearing on the Project at which time all persons wishing to testify in connection with the Project were heard and the Project was comprehensively reviewed. WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: SECTION 1. Based on the entire record before the Commission, all written and oral evidence presented to the Commission, and the findings set forth in this Resolution and the accompanying staff report, the Commission recommends approval by the San Jacinto City Council the following: 1) General Plan Amendment 16-1 from Low Density Residential (LDR) to Community Commercial (CC), 2) Change of Zone 16 -1 from Residential Low (RL) to General Commercial (CG), 3. Planned Development Permit 18- 1 and 4) Site Plan and Design Review (SPDR 16-7) for the Subject Site, 5) Minor Use Permit 18-2 to permit a senior residential complex, 6) Minor Use Permit 16-3 to permit a service station/car wash/convenience store, 7) Minor Use Permit 16 -4 to permit two drive through restaurants, and 8) Tentative Parcel Map 37099 to subdivide the property into nine parcels. SECTION 2. Based on the entire record before the Commission, including the staff report, and all written and oral evidence presented to the Commission, including the staff report, Mitigated Negative Declaration (MND), and the Mitigation Monitoring and Reporting Program (MMRP) the Commission finds as follows: 4.3.a Packet Pg. 162 Attachment: 01. Resolution 19-05 (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 158 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 175 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) A. General Plan and Change of Zone Amendment. The Commission makes the following findings regarding General Plan Amendment 16-1 from Low Density Residential (LDR) to Community Commercial (CC) and Change of Zone 16 -1 from Residential Low (RL) to General Commercial (CG) (collectively referred to below as the “Amendment”): i. The Amendment is internally consistent with all other provisions of the General Plan and any applicable specific plan. ii. The Amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. iii. The Amendment is integrated and compatible with the Land Use Element in that it provides an appropriate orientation and relationship between land uses within and adjacent to the Subject Site, and promotes orderly development beyond the Subject Site's boundaries because the most intense uses are oriented to the Ramona Expressway while residential uses for seniors and retention basin open space are placed along the western boundary that will buffer adjoining single family residential uses from potential noise, glare, and similar nuisances from commercial activities. Likewise, the Conditions of Approval require a right-to-farm covenant to protect farm land to the north of the Subject Site. iv. The Amendment is integrated and compatible with the Circulation Element in that the density and distribution of uses within the Subject Site will generate traffic which is anticipated and provided for in the Circulation Element because the Subject Site is located at the intersection of Ramona Expressway, an ultimate 6 -lane Urban Arterial with restricted access and Main Street, an ultimate 4 -lane Major Street. The Project provides a range of uses that enable an internal trip capture and pass by trips. Examples include hotel guests and senior housing residents that begin and end their trips within the Subject Site by dining at restaurants within the Project; and pass by trips where vehicles already on the road that chose to stop at the service station or restaurants enroute to their destination. The Project includes provisions to meet California Calgreen standards by providing accommodations for alternative forms of travel. The Conditions of Approval require a number of circulation improvements to assure that the circulation system maintains the service level required by the General Plan. v. The Amendment is integrated and compatible with the Housing Element in that it provides for development consistent with the existing and projected housing needs of the community because it furthers Housing Goal 3, to assist in the development of a housing supply which is affordable to all segments of the community. Specifically, Policy 3.2 which is to “Assist with the development of housing that targets the needs of special 4.3.a Packet Pg. 163 Attachment: 01. Resolution 19-05 (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 159 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 176 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) populations, including the elderly, disabled, farmworkers and homeless.” and Policy 3.3 which is to “Promote the development of attractive and safe housing to meet community needs”. The Housing Element identifies an average single family household size of 3.34 persons per unit. Under the existing gene ral plan and zoning designations, the Subject Site could generate 112 dwelling units (22.43 net acres times 5 units per acre). The number of dwelling units multiplied by the average household size would generate a population of 375 people. The proposed senior residential development would allow a maximum of 114 dwelling units. Assuming all units were occupied by two people, the population would be 228. vi. The Amendment is integrated and compatible with the Conservation Element in that it provides uses which promote the orderly conservation, development, and utilization of natural resources because it provides commercial services in an area of the City lacking these services, serves a residential segment that is underserved in the City, and includes a needed medical care facility to serve the community. The Subject Site contains sensitive wildlife resources where a trapping and relocation program has been approved by the County RCA and state resources agencies, along with a cash endowment to maintain the habitat of the receiving site in perpetuity. vii. The Amendment is integrated and compatible with the Open Space Element in that it provides land uses consistent with and that promote the adopted goals and policies for preserving and managing open space within the City because in addition to the payment of development impact fees to mitigate impacts on recreational facilities and open space within the City, the Project includes active recreation facilities associated with the senior residential housing development. viii. The Amendment is integrated and compatible with the Noise Element in that it provides a pattern of land uses that minimizes the exposure of community residents to excessive noise because more intense commercial uses are placed along the Ramona Expressway where vehicle noise is greater than allowed for residential uses; because the senior residential use is placed along the western Project boundary to provide maximum separation between this residential use and traffic noise, while also serving to buffer future adjoining single family residential uses from noise within the development; and because the proposed car wash is subject to further noise attenuat ion measures under the Conditions of Approval once the type of facility and design is known. ix. The Amendment is integrated and compatible with the Safety Element in that it provides an appropriate land use distribution and orientation which protects t he community from unreasonable risks associated with seismic, geologic, flood, and wildfire hazards because all future uses will be subject to current building code standards for construction and the technical analysis prepared for the Project do not identify significant safety risks within the Subject Site. 4.3.a Packet Pg. 164 Attachment: 01. Resolution 19-05 (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 160 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 177 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) x. The Amendment is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), and the proposed uses and development of the Property will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located . xi. The Commission recommends adoption of the Amendment as set forth in Exhibit “A” to this Resolution, attached hereto and incorporated herein by reference. B. Planned Development Permit. The Commission makes the following findings regarding Planned Development Permit 18-1 (“PDP”): i. The PDP is allowed within the subject base zone, as proposed to be amended. ii. The PDP is consistent with the purpose, intent, goals, policies, actions, and land use designations of the General Plan. iii. The PDP is generally in compliance with all of the applicable provisions of the Development Code relating to both on‐site and off‐site improvements are necessary to accommodate flexibility in site planning and property development and to car ry out the purpose, intent, and requirements of Chapter 17.620 of the Development Code, and the subject base zone, as proposed to be amended, including prescribed development standards and applicable design guidelines, except for those provisions modified in compliance with Chapter 17.620 relating to parking and building height requirements . iv. The PDP, as proposed, is compatible with property uses within the zone and general neighborhood of the proposed development given the arrangement of uses and proposed building heights within the Subject Site and the distance from existing neighborhoods . v. The Project will produce a comprehensive development of superior quality and excellence of design (e.g., appropriate variety of structure placement, and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, significantly increased amounts of landscaping and improved open space, improved solutions to the design and placement of parking and loading facilities, opportunities for incorporation of opportunities for a program of highly enhanced amenities [e.g., LEED, electric vehicle charging stations, or other “green” related standards, etc.) than might otherwise occur from more typical development applications. 4.3.a Packet Pg. 165 Attachment: 01. Resolution 19-05 (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 161 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 178 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) vi. Proper standards and conditions have been imposed on the PDP ensure the protection of the public health, safety, and welfare. vii. Proper on‐site traffic circulation (e.g., pedestrian, bicycles, and vehicular) and control is designed into the development to ensure prot ection for fire suppression and police surveillance equal to or better than wh at would normally be created by compliance with the minimum setback and parcel width standards identified in Article 2 (Zones, Allowable Land Uses, and Zone Specific Standards). viii. The Subject Site is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development. ix. Adequate public services and facilities exist, or will be provided, in compliance with the conditions of approval, to serve the proposed development and the approval of the proposed development will not result in a reduction of public services to properties in the vicinity to be a detriment to public health, safety, and general welfare. x. The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property or their allowed use. xii. The residential use element of the Project is designed in a manner that it is appropriately buffered from the commercial use and is provided sufficiently enhanced amenities to create a comfortable and healthy residential environment and to provide a positive quality of life for the residents. The enhanced amenities may include additional landscaping, active indoor and outdoor recreation, additional private open space, private or separated entrances, security fencing, etc. C. Site Plan and Design Review. The Commission makes the following findings regarding Site Plan and Design Review 16-7 to establish a development plan over the Subject Site: i. The proposed uses are allowed or conditionally allowed under the General Commercial (GC) Zone. ii. The Project is in compliance with all applicable criteria identified in the General Commercial (GC) Zone and as modified under Planned Development Permit (18-1). iii. The Project is in keeping with the character of the neighborhood, in terms of the structures and general appearance based on emerging development evidenced by the Soboba Hotel and Casino and Luiseno Village commercial center. 4.3.a Packet Pg. 166 Attachment: 01. Resolution 19-05 (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 162 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 179 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) iv. The Project will not be detrimental to the harmonious and orderly growth of the City because it provides needed commercial goods and services to the east portion of the City and provides needed housing for seniors. D. Minor Use Permits. The Commission makes the following findings regarding Minor Use Permit 16-2 to permit a senior residential complex, 6) Minor Use Permit 16-3 to permit a service station/car wash/convenience store, and 7) Minor Use Permit 16 -4 to permit two drive through restaurants: i. The design, size, location, and operating characteristics of the proposed uses introduce commercial and high density residential land uses that are presently lacking on the east portion of the City, and are designed to be compatible with the existing and future land uses in the vicinity, including the Soboba Hotel and Casino and Luiseno Village commercial center, with the implementation of the recommended conditions of approval. ii. The Subject Site is physically suitable to accommodate the proposed residential and commercial uses in terms of design, location, size operating characteristics, provision for public and emergency services, and available utilities with the implementation of the recommended conditions of approval. iii. With implementation of the recommended conditions of approval, the proposed uses will not adversely affect the public convenience, hea lth, interest, safety, or general welfare, or constitute a nuisance, or be materially injurious to the improvements, persons, property, and uses in the vicinity and zone in which the property is located. iv. The proposed uses are conditionally permitted in the CG Zone and are consistent with the General Plan, as proposed to be amended, and the City’s Landscape design Guidelines. v. The proposed uses have been found to be in compliance with City’s General Commercial (CG) Zone and Standards of the Development Code with the implementation of the recommended conditions of approval. vi. The proposed uses, as conditioned, are compatible with the surrounding development based on the placement and orientation of uses within the Project and public improvements required under the Conditions of Approval. 4.3.a Packet Pg. 167 Attachment: 01. Resolution 19-05 (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 163 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 180 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) E. Tentative Parcel Map 37099. The Commission makes the following findings regarding Tentative Parcel Map 37099: i. The proposed division of land is consistent with the Community Commercial (CC) designation of the General Plan; ii. The design and improvement of the proposed division of land is consistent with the Community Commercial (CC) designation of the General Plan; iii. The site of the proposed division of land is physically suitable for the proposed design of the development because it meets the development standards of the proposed General Commercial (CG) Zone; iv. The site of the proposed division of land is physically suitable for the proposed density of the develop ment to serve commercial and residential uses as set forth by the proposed General Commercial (CG) Zone, Planned Development Permit 18-1, and Minor Use Permit 16-2; v. The design of the proposed division of land and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat as set forth under the Conditions of Approval and the Mitigation Monitoring and Reporting Program; vi. The design of the proposed division of land and the type of improvements are not likely to cause serious public health problems because, and comply with the provisions of the City’s Subdivision Ordinance; vii. Subject to the right-of-way requirements addressed under the Conditions of Approval, the design of the proposed division of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed division of land. F. Additional Findings. The Commission makes the following additional findings for the Applications: i. The zoning designation of the Subject Site, as proposed to be amended, will provide for land uses that are compatible with the Community Commercial General Plan designation for the Subject Site. ii. The Subject Site has been found to be physically suitable for the type and intensity of development proposed because of available access, and the Project is proposed to be developed at an intensity that is consistent with the General Plan Land Use designations and Zoning, as proposed to be amended. 4.3.a Packet Pg. 168 Attachment: 01. Resolution 19-05 (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 164 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 181 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) iii. The applicant has agreed in writing to comply with any and all of the conditions imposed by the City in the approval of this Application. iv. The Project, as conditioned, will provide adequate access, design, water efficient landscaping, and has mitigated aesthetic, agricultural, air quality, biological, cultural, hydrological, noise, population and housing, public service, recreational, and traffic environmental impacts. v. The Project has been found to be consistent with City standards, ordinances, and policies. SECTION 3. Based on the entire record before the Planning Commission and all written and oral evidence presented, the Planning Commission finds that the Project will comply with CEQA for the following reasons: Based upon the information contained in the Initial Study and pursuant to the requirements of CEQA; it has been determined that this Project, with the incorporation of mitigation measures, will not have a significant impact on the environment. The mitigation measures required to reduce or mitigate the impacts of this Project on the environment are included in the Project design and/or the Mitigation Monitoring Program and are included as part of the Mitigated Negative Declaration for this Project. SECTION 4. This Resolution shall become effective upon its adoption. PASSED, APPROVED AND ADOPTED, this 18th day of March 2019. ________________________ Chairman ATTEST: __________________________________ Planning Commission Secretary 4.3.a Packet Pg. 169 Attachment: 01. Resolution 19-05 (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 165 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 182 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) EXHIBIT “A” DEPICTION OF GENERAL PLAN AMENDMENT AND ZONE CHANGE [Attached behind this page] 4.3.a Packet Pg. 170 Attachment: 01. Resolution 19-05 (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 166 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 183 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) 4.3.a Packet Pg. 171 Attachment: 01. Resolution 19-05 (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 167 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 184 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) 4.3.a Packet Pg. 172 Attachment: 01. Resolution 19-05 (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 168 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 185 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 1 of 27 CONDITIONS OF APPROVAL SPDR-16-7, PM-37099, PDP 18-1, MUP- 16-2, MUP-16-3, & MUP-16-4 PLANNING COMMISSION HEARING DATE: March 18, 2019 CITY COUNCIL HEARING DATE: April 2, 2019 EXPIRATION DATE: April 2, 2021 APPLICANT: Latham Management Group Mr. Howard Rosenthal 1600 E. Florida Ave, Suite 110 Hemet, CA 92544 (951) 658-2559 Phone howard@rosenthalexcell.com PROJECT LOCATION: Northwest corner of Main Street and Ramona Expressway, (APN 433-130-021 and 025). ACCEPTED AND AGREED TO BY: Howard Rosenthal Date GENERAL CONDITIONS: PLANNING DIVISION General Provisions 1. The approval of this Project, a commercial center and residential development, shall comply with all required development standards of the Development Code, unless as specifically modified under Planned Development Permit Case No. 18-1. 2. The effective date of issuance of this Site Plan Design Review SPDR-16-7 and cases PM-37099, PDP 18-1, MUP-16-2, MUP-16-3, and MUP-16-4, (collectively defined as the “Project”) is April 2, 2019, or on the date approved by the City Coun- cil. The approval will lapse if the map has not recorded and improvements have not commenced within two (2) years from the date upon which the approval was granted. 3. All cases associated with the Project, this case, SPDR-16-7 and cases PM-37099, PDP-18-1, MUP-16-2, MUP-16-3, and MUP-16-4 shall have the same effective date and expiration date. Therefore, these cases will become null and void, if the map has not recorded and if not constructed, on or before April 2, 2021 (two cal- endar years from the effective date), unless a time extension is approved by the City’s applicable review authority. Applications for time extensions must be re- ceived prior to the expiration date. 4.3.b Packet Pg. 173 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 169 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 186 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 2 of 27 4. The developer/applicant or successor in interest is advised that the businesses or uses which this Project is granted cannot be legally conducted on the subject property until all conditions of approval of this case, SPDR-16-7 and cases PM- 37099, PDP 18-1, MUP-16-2, MUP-16-3, and MUP-16-4, have been met to the satisfaction of the Planning Department. 5. The developer/applicant or successor in interest agrees to indemnify, hold harmless, and defend the City, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this permit, and any approvals associated with the Project, including, without limitation, any CEQA review or approval, except to the extent caused by the negligence of the City. 6. The developer/applicant or successor in interest shall pay any outstanding planning application or processing fees within ten (10) days of City’s request therefor and prior to permits being exercised. Failure to do so will be grounds for revocation of the Site Plan Design Review SPDR-16-7 and all associated cases PM-37099, PDP 18-1, MUP-16-2, MUP-16-3, and MUP-16-4. 7. The Minor Use Permit for the senior housing apartments, service station/conven- ience store, and/or a restaurant may be revoked if the use is operated or maintained in violation of any law or in a manner that constitutes a verified nuisance or ad- versely affect the public health, safety, or welfare. 8. All plans submitted to the City shall be in substantial conformance with the plans in this approval as conditioned. This condition applies to site plans, grading plans, landscape plans, building plans, elevations, and all other illustrations, text, or plans submitted to the City in connection with the Project. 9. No permits (i.e., grading, building, landscaping, signs, etc.) shall be issued until Parcel Map 37099 has recorded, and a copy of the recorded map and the covenant are provided to the City Planning Division. 10. Proposed signs shown on the site plan and elevations are not approved with this application. A Master Sign Program application shall be filed and processed with the City before any permits for signs shall be issued. The Master Sign Program shall address free-standing signs, building signs, and directional signs. All signage shall be consistent with and in conformance with the City sign ordinance . 11. A copy of all pages of these conditions shall be included in the construction drawing packages for grading plans, building plans, and landscape and irrigation plans. 12. If not already completed, the developer/applicant or successor in interest shall submit a single check to the City, made payable to the Riverside County Clerk, in the amount of $2,330.75, for the payment of State Fish and Game Fees ($2,280.75) and the County Recorder handling fee ($50.00) for filing of the Notice of Determination (NOD). In accordance with Section 711.4 of the State Fish and Game Code, no project shall be operative, vested, or final until the filing fees have been paid. The City will record the NOD and provide a copy of the NOD and receipt to the applicant. 4.3.b Packet Pg. 174 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 170 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 187 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 3 of 27 13. No provision is made under this Project for the sale of alcoholic beverages. A sep- arate Conditional Use Permit application must be approved by the City for any form of alcoholic sales. 14. Change of Zone 16-01 which establishes the Commercial General Zone and Resi- dential High Zone for the Project must be effective prior to an issuance of a Certificate of Occupancy for any and all uses requiring that Zone. Site Plan and Development Review Case 16-7 15. Fence and wall plans shall comply with the City Fence Guidelines and be subject to review and approval of the Planning Department. A separate application and filing fee is required The Conceptual Landscape and Fencing Plan shall be revised to reflect the following: a. A specification for masonry walls shall be submitted for Planning Department approval. b. The arced portion of the wrought iron fence located on the south side of the sen- ior apartments shall be converted to a masonry wall for security and to avoid glare from vehicle lights. c. Wrought iron fencing shall be extended along the east boundary of the retention basin extending from the perimeter wall to the wrought iron access gate. 16. All landscaped and revegetated areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. Any graded areas that remain unde- veloped shall be maintained to prevent wind and soils erosion. 17. All existing and new utilities adjacent to and on the site shall be located un der- ground as per City of San Jacinto Municipal Code 15.32 . 18. Parking for vehicles, including handicapped parking spaces, and bicycles shall be provided and maintained in accordance with City Ordinance Sections 15.03 and 15.02 (E) as supplemented by the following: a) Pursuant to Chapter 17.620.020 E, the applicant has submitted a KPC Prome- nade Shared Parking Analysis prepared by TJW Engineering that identifies a peak parking demand off 422 spaces where a minimum of 468 spaces are re- quired. Should parking demand exceed the expectations of the study, it shall be the Developer’s, or his successor’s. responsibility to provide adequate parking. Prior to Tentative Parcel Map 37099 Recordation 19. Pursuant to 16.12.100 – Hearings, of the Subdivision Code, an official copy of the Planning Commission’s action shall be filed with the City Council, and a copy shall be transmitted to the land divider who shall file with the Real Estate Commission of the State. 4.3.b Packet Pg. 175 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 171 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 188 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 4 of 27 20. The developer/applicant or successor in interest shall prepare CC&Rs for City re view and approval. The CC&Rs shall include provisions for maintenance of all common and public areas, reciprocal parking and access, consistent uniform sign age and architectural theme, building colors, and materials for the Project, and maintenance responsibilities in the event any assessment district is reduced or eliminated. The City shall be a third-party beneficiary with the right to enforce its interests in the CC&Rs. 21. The developer/applicant or successor in interest shall provide draft easement doc- ument(s) to establish common access and maintenance provisions within the Pro - ject. 22. The designated Remainder Parcel applied to contiguously owned land to the west shall be removed on the final map. 23. The developer/applicant or successor in interest shall annex into the community facilities district providing financing for police and fire protection services. 24. The developer/applicant or successor in interest shall annex into the assessment district providing financing for road maintenance services. 25. Annexation into the required Community Facilities Districts, Assessment Districts, and Landscape/Lighting/Park Maintenance District shall be completed and verified by the City Special Districts administrator. 26. The following note shall be placed on the final map: “The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot.” 27. MM AG-1: The Developer shall record a right-to-farm covenant acknowledging the use of adjoining land for agricultural use and the right for that use to continue. The text of this covenant shall be submitted to City staff for review and approval prior to recording the covenant. Thirty Days Prior to Any Site Disturbance 28. General Plan Amendment 16-1 and Change of Zone 16-1 shall be approved and in effect. 29. A detailed plan shall be provided for City review and approval addressing the dis - position of the residual lot located west of the proposed detention basin; and the termination of Cornflower Avenue and Poppy Street stub streets on contiguously owned land to the west of the senior apartments. 30. MM AE-1 Prior to the issuance of any permits, a photometric plan shall be prepared, in accordance with the provisions in Condition 64, for review and approval by the Planning Department demonstrating that light spillage will be minimized onto ad - joining residential properties. 4.3.b Packet Pg. 176 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 172 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 189 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 5 of 27 31. MM PH 1: Prior to the issuance of any permits, a plan shall be provided for the termination and landscaping of Cornflower Avenue and Poppy Street for review and approval by the City Planning and Engineering Departments . 32. MM PS-1: Prior to the issuance of any permits, the availability to provide water service to the proposed development by the City of San Jacinto, including domestic and fire flow supply, shall be confirmed through appropriate testing. In the event that the City cannot provide water service, a water supply service agreement shall be finalized with the Eastern Municipal Water District and constructed in accord ance with Condition 143. 33. MM R-1: Prior to the issuance of any permits, detailed landscape and improve - ments plans shall be submitted for staff review and approval encompassing the exterior recreation and open space serving the senior residential area. These plans shall address fencing locations and materials as well as amenities serving the sen- ior housing and commercial center. 34. MM R-2: Prior to the issuance of any permits, floor plans and additional support information shall be submitted for staff review and approval for interior amenities to demonstrate compliance with Section 17.430.310 of the Development Code. 35. San Bernardino Kangaroo Rat (SBKR) MM BIO-1 SBKR will be relocated to RCA-owned and managed lands following the below approach. Coordination will occur with the RCA and the wildlife agen- cies during all stages of the relocation process. 1. A suitable relocation site for SBKR on existing RCA conse rved lands has been preliminarily determined (refer to Figure 5 in the Initial Study). If it is determined that the property illustrated on Figure 5 is not viable for relocation, it will be com- municated with the RCA and wildlife agencies so that other lands can be located and evaluated. The following detailed standards regarding the characteristics and quality of the relocation site and “relocation site preparation” will be included/per- formed: a. The relocation site shall be assessed for species suitability, and include suitable vegetation, cover, soils, etc. The relocation site should match as closely as possible (or better) the current habitat conditions found on the project site. b. The relocation site shall be trapped and determined unoccupied by SBKR. If occupied, a different location shall be chosen for relocation in coordina - tion with the RCA and wildlife agencies. c. The relocation site will need to be determined suitable, but any deficiency or factor limiting the presence of SBKR will need to be identified and re solved prior to relocation. For example, if it is determined that weed cover is the likely factor causing absence of the SBKR, weed control would need to be implemented by the applicant’s team just prior to relocation. d. The relocation site shall be adjacent to an area with existing SBKR pres- ence. 4.3.b Packet Pg. 177 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 173 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 190 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 6 of 27 e. The relocation site must be conserved in perpetuity. 2. Only an approved qualified small mammal expert with experience in small mammal relocation will be contracted to handle the pre-construction on-site trap- ping, tagging captured individuals, noting specific details regarding distribution and spacing, relocation efforts, and monitoring. 3. Pre-construction trapping efforts will assist in gathering other pertinent details regarding SBKR distribution and thus support the relocation of individuals similar to their existing on-site distribution. 4. The implementation of soft release techniques, such as possible use of hacking cages and installation of temporary artificial burrows, shall be necessary to aid in success of the relocated individuals. 5. The applicant shall coordinate with RCA regarding the following: a. Funding of RCA’s long-term maintenance (e.g., weed control) of the relocation site. b. Funding to RCA to support long-term monitoring of the relocated SBKR. 6. The project proponent shall commit to prepare a detailed “Small Mammal Relo- cation Site Preparation, Trapping, and Relocation Plan”, and that it will include, at a minimum, the information presented above as well as provide additional specific actions as they become known in coordination with RCA and the Wildlife Agen- cies. The Plan will be approved by the RCA and wildlife agencies prior to reloca- tion efforts. 7. If additional or alternate form(s) of mitigation to what is presented above for SBKR, is deemed necessary and approved by the RCA and wildlife agencies, at the completion of the mitigation a DBESP Addendum Letter will be provided to the RCA and wildlife agencies as part of the administrative record for the project. 36. Los Angeles Pocket Mouse MM BIO-2 Mitigation for 3.7 acres of permanent impacts to LAPM will be in the form of fee payment at $14k/acre provided to the RCA for Geller #2 Phase 3 con - servation land. Geller #2 Phase 3 is a 40-acre parcel (APN 583-180-001) on up- per Temecula Creek occupied by LAPM. If additional or alternate form(s) of mitigation to what is presented here for LAPM is deemed necessary and approved by the RCA and wildlife agencies, at the com- pletion of the mitigation a DBESP Addendum Letter will be provided to the RCA and wildlife agencies as part of the administrative record for the project. Prior to Grading Permit Issuance Stephens Kangaroo Rat: 4.3.b Packet Pg. 178 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 174 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 191 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 7 of 27 37. MM BIO-3 The Project is required to pay the Stephens Kangaroo Rat fee required under the Long-Term Stephens Kangaroo Rat Habitat Conservation Plan. 38. MM CR-1: Prior to grading permit issuance the developer shall retain a qualified archaeologist and a Native American Monitor to prepare an Archaeological M itiga- tion and Monitoring Plan (AMMP). The AMMP shall include the monitoring of all ground disturbing activities and shall include protocol for the mitigation and signifi- cance testing of inadvertent archaeological finds. 39. MM CR-2: In the event that any archaeological material is encountered during the monitoring, the archaeologist and Native American Monitor shall have the authority to halt and redirect earthmoving activities within 50-feet of the find, so that appro- priate mitigation measures can be undertaken in order to test and evaluate the sig- nificance of the find in accordance with MM CR-1. 40. MM CR-3: Prior to grading permit issuance the developer shall enter into a Treat- ment and Disposition Agreement (TDA) with the Soboba Band of Luiseño Ind ians to address treatment and disposition of archaeological/cultural resources and hu- man remains associated with Soboba Band of Luiseño Indians that may be uncov- ered or otherwise discovered during ground disturbing activities related to the pro- ject. The TDA may establish provisions for tribal monitors. 41. MM CR-4: In the event of the discovery of human remains, the County coroner shall be immediately notified. If human remains of Native American origin are discovered during ground-disturbing activities, the applicant shall comply with the state relating to the disposition of Native American burials that fall within the jurisdiction of the NAHC (PRC Section 5097). According to California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100), and dis- turbance of Native American cemeteries is a felony (Section 7052). Section 7050.5 requires that excavation be stopped in the vicinity of discovered human remains until the coroner can determine whether the remains are those of a Native Ameri- can. If the remains are determined to be Native American, the California Native American Heritage Commission and the Soboba Band of Luiseño Indians shall be notified and appropriate measures provided by State law shall be imp lemented to determine the most likely living descendant(s). Disposition of the remains shall be overseen by the most likely living descendants to determine the most appropriate means of treating the human remains and any associated grave artifacts. Paleontological Resources 42. MM CR-5 A Paleontological Resource monitoring Program (PRMP) shall be de- signed for project construction. The PRMP should include protocol for monitoring of excavations having the potential to disturb Pleistocene sediments, testing of sed- iments for microvertebrate fossils, preparation and curation of specimens collected, and preparation of a final report in accordance with the guidelines of Society Verte- brate Paleontology 43. The developer/applicant or successor in interest shall submit three (3) copies of a comprehensive grading plan at 40-scale for review and approval to the Engineering Department with any required fee and one (1) copy to the Project Planner . The plan shall comply with the Uniform Building Code, Chapter 7 0, City Grading Stand- ards, and accepted grading practices. The final grading plan shall be in substantial 4.3.b Packet Pg. 179 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 175 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 192 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 8 of 27 conformance with the approved grading plan. The plan shall be drawn on 24" X 36" Mylar by a registered civil engineer. A copy of all pages of these conditions shall be included in the plans. 44. A geotechnical engineering report shall be submitted to the City Engineer prior to issuance of a grading permit, and all requirements identified in the report shall be met. The report must be prepared by a California licensed geotechnical engineer or civil engineer skilled in soils/foundation investigations and shall be submitted for review by the Building & Safety Department prior to the issuance of grading or building permits. All requirements identified in the report shall be met. 45. A grading permit shall be obtained from the City of San Jacinto prior to the com- mencement of any grading outside of the City-maintained road right-of-way. The grading plan shall also address the following: a) Conform to the Site Plan for SPDR 16-7 b) Correct rights-of-way and setbacks along the Ramona Expressway. c) Contain the retention basin slopes within the project boundary. d) Correct street section details to reflect actual slope conditions at the site. 46. Grading and public improvements shall be installed in accordance with City stand- ards and specifications. The tops of all graded slopes shall be at the property line. 47. MM AQ-1 The project is required during grading to limit the daily disturbance ar ea of 5 acres or less. 48. The grading plan shall include the following, for Planning approval: a) An ADA path of travel enhanced with decorative paving, stamped concrete, pavers, or another material differentiating the walk from the asphalt parking area as approved by Planning and Community Development Director. b) A public sidewalk with special decorative paving accents where crossed by driveway entrances to parking lots. c) Parking areas surfaced with Portland-Cement Concrete paving to a mini- mum 4-inch thickness over native soil compacted to 95% compaction or as- phalt concrete with 2½ inch thickness over 4 inches of Class II aggregate base compacted to 95% relative compaction, or as approved by the City En- gineer. 49. The following notes shall be placed on the grading plan and shall be enforced. a) MM N-1: Construction operations must follow the City’s General Plan and the Noise Ordinance, which states that construction, repair or excavation work performed must occur within the permissible hours. To further ensure that construction activities do not disrupt the adjacent land uses, the follow ing measures should be taken: 4.3.b Packet Pg. 180 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 176 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 193 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 9 of 27 1. Construction should occur during the permissible hours as defined in Sec- tion 8.40.090, that is Monday through Saturday between the hours of 7:00 a.m. and 7:00 p.m. No construction shall take place on Sundays or any Federal holiday. 50. The development shall be subject to all provisions of City of San Jacinto Ordinance Number 13.44, which establishes Urban Stormwater Runoff Management and dis- charge controls to improve Water Quality and comply with Federal/State Regula- tions and any subsequent amendments, revisions or ordinances pertaining thereto. 51. A final Water Quality Management Plan (WQMP) shall be submitted and approved, including a project description, and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The Water Quality Management Plan shall identify the structural and non-structural measures consistent with the City’s adopted re- quirements. 52. The development shall be subject to all provisions of City of San Jacinto Ordinance Number 13.44, which establishes Urban Stormwater Runoff Management and dis- charge controls to improve Water Quality and comply with Federal/State Regula- tions and any subsequent amendments, revisions or ordinances pertaining thereto. 53. The proposed site design BMPs selected for this project have been approved in concept as a Master WQMP. The individual parcels shall submit Final WQMP Ad- dendums including plans and details providing the elevations and slopes of the three bio-retention basins, the detention basin and other details for the proposed structural BMPs. The Public Works Department shall review and approve the Final WQMP document, plans and details. The property owners will a lso provide signed agreements presenting shared responsibilities for the BMP maintenance. 54. The developer/applicant or successor in interest shall prepare a Stormwater Pollu- tion Prevention Plan (SWPPP) and obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Re- sources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger’s Identification Number) shall be submitted to the City for cover- age under the National Pollutant Discharge Elimination System General Construc- tion Permit. 55. The developer/applicant or successor in interest shall be required to submit a con- struction site safety plan to be approved by the Police and Planning Departments providing adequate security measures such as lights, video cameras, vehicle tran- sponders, locks, alarms, trained security personnel, fencing etc. The nature of the measures will depend on the specific requirements of the site and may vary with the different stages of construction. The developer shall be responsible for the com- pliance of all sub-contractors working on the site. 4.3.b Packet Pg. 181 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 177 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 194 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 10 of 27 Monitor During Any Earthmoving Activity 56. The following notes shall be placed on the grading plan and shall be enforced. a). During construction, the contactor shall ensure all construction equipment is equipped with appropriate noise attenuating devices. b). The contractor should locate equipment staging areas that will create the great - est distance between construction-related noise/vibration sources and sensi- tive receptors nearest the project site during all project construction. c). Idling equipment should be turned off when not in use. d). Equipment shall be maintained so that vehicles and their loads are se - cured from rattling and banging. 57. The site shall be watered on an on-going basis to control dust during construction and grading. 58. There shall be regular street sweeping and cleanup of adjacent streets to minimize the amount of dust put into the air from motor vehicle travel. 59. Mud and dirt shall be removed from construction equipment and vehicles prior to leaving the site to ensure they do not spread dirt into the street. 60. Trucks hauling soil, dirt or other emissive materials shall have their loads covered with a tarp or other protective cover. 61. Suspend all grading activities when wind speeds exceed 25 miles per hour. 62. Enforce a 15 mile per hour speed limit on unpaved portions of the construction site. 63. MM T-2: San Jacinto Avenue/Ramona Expressway: Improve the westbound Ra- mona Expressway approach from one left -turn lane and two through lanes to two left-turn lanes and two through lanes. Improve the northbound San Jacinto Avenue approach from one left-turn lane and one right-turn MM T-2 San Jacinto Avenue/Ra- mona Expressway: Improve the westbound Ramona Expressway appro ach from one left-turn lane and two through lanes to two left-turn lanes and two through lanes. Improve the northbound San Jacinto Avenue approach from one left-turn lane and one right-turn lane to two left-turn lanes and one right-turn lane with overlap signal phasing. Improve the eastbound right-turn approach to include right-turn overlap signal phasing. 64. MM T-3: San Jacinto Avenue/Main Street-Ramona Boulevard: Improve the east- bound Main Street approach from one shared left-through-right-turn lane to one left- turn lane and one through/right-turn lane. Improve the westbound Main Street ap- proach from one shared left-through-right turn lane to one left-turn lane and one through/right-turn lane. Improve the northbound San Jacinto Avenue approach from one left-turn lane and one through/right-turn lane to one left-turn lane, one left 4.3.b Packet Pg. 182 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 178 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 195 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 11 of 27 turn/through lane and one through/right-turn lane. Improve the southbound San Jacinto Avenue approach from one left-turn/through lane and one right-turn lane to one left-turn/through lane, one through lane and one right-turn lane. Improve south- bound San Jacinto Avenue south of the intersection to allow for two receiving lanes for the recommended westbound dual left-turn lane. 65. MM CR 6: If paleontological resources are encountered during grading, ground disturbance activities shall cease so a qualified paleontological monitor can evalu - ate any paleontological resources exposed during the grading activity. If paleonto - logical resources are encountered, the developer shall provide adequate funding to collect, curate and report on these resources to ensure the values inherent in the resources are adequately characterized and preserved. Collected specimens will be sent to the appropriate authorities for collection. Prior to Building Permit Issuance 66. MM T-4 The applicant shall participate in the funding or construction of off -site im- provements that are needed to serve cumulative traffic conditions through the pay- ment of the Transportation Uniform Mitigation Fees (TUMF) and City of San Jacinto Development Impact Fees (DIF) or a fair share contribution as directed by the City. These fees are collected as part of a funding mechanism aimed at ensuring that regional highways and arterial expansions keep pace with projected population in- creases. 67. To mitigate the potential impacts to fire and police services, prior to issuance of building permits the applicant or successor in interest shall pay the applicable public safety facilities mitigation fee and annex into the applicable community fa - cilities district providing financing for essential police and fire services and facili- ties. 68. To mitigate the potential impacts to road maintenance services, prior to issuance of building permits the applicant or successor in interest shall annex into the assess- ment district providing financing for road maintenance services. 69 To mitigate the potential impacts to schools, prior to issuance of building permits all applicable school fees shall be paid in accordance with State law. 70. The City of San Jacinto has adopted the area-wide Multi-Species Habitat Conser- vation Plan (MSHCP). This project is subject to the payment of fees prior to the issuance of building permits unless exempted by the ordinance establishing the MSHCP program. The fees shall be subject to the provisions of the enabling ordi- nance and based upon the fee schedule in effect at the time of building permit is - suance. 71. Offers for dedication of the Ramona Expressway and Main Street along the entire Project frontage shall be submitted for City acceptance. 72. Submit, for Planning approval, an outdoor lighting plan in compliance with the fol - lowing: 4.3.b Packet Pg. 183 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 179 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 196 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 12 of 27 d) A site plan showing all parking lot light standards, building mounted light fix- tures, and any up-lighting in landscaping, low-level walk lights, and lighting diffused off of wall surfaces. e) Cut sheets for all proposed lighting fixtures. f) The lighting shall be indirect, hooded, and arranged to reflect lighting away from adjoining properties and streets in compliance with Section 17.300 .080 (Outdoor Light and Glare). g) Parking lot light standards shall be a maximum of 25 feet in height overall, as measured from the usable parking or driving surface. h) Outdoor lighting shall maintain a minimum of one-foot candle illumination for all parking and pedestrian areas and shall not exceed one-half foot candle along property lines of the subject site. i) Include a photometric plan that includes details such as beam spreads and/or photometric calculations, location and type of fixtures, and arrange- ment of exterior lighting that does not create glare or hazardous interference to adjacent streets or properties. 73. The Planning approved lighting plan shall be part of the plans submitted for Plan Check. 74. Final building elevations shall be submitted to the Planning Department for review and approval to include the following: a). Materials sample board for each building for which a building permit is sought. 75. Final floor plans shall be submitted for Planning Department review and approval for each building within the Project. 76. The developer shall enter in to a fair-share agreement for the conveyance of surface flows within the project to the retention basin within Tract 32053. A copy of the agreement shall be provided to the City for review and approval. MUP 16-2 (Senior Housing) 77. Four-sided elevations shall be submitted for Planning Department review and approval of the senior apartment parking garages. MUP 16-3 (Service Station) 78. The service station shall be re-designed to accommodate fuel trucks without en - croaching in to fuel pump isles. 79. Revised elevations shall be submitted reflecting the ope rator of the convenience store and shall include an elevation of the canopy to include color, illumination, signage, and dimensions 4.3.b Packet Pg. 184 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 180 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 197 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 13 of 27 80. A revised floor plan shall be submitted that illustrates sales area, storage, office, and other divisible spaces within the building. 81. MM N-3: An exterior acoustical study shall be prepared for review and approval by staff to assess noise form the proposed car wash into adjoining property. Appropri - ate noise attenuation measures shall be recommended and incorporated into the project design. MUP 16-4 (Drive-through restaurants) 82. Revised elevations shall be submitted reflecting the operator of each restaurant. Hotel 83. A floor plan for the hotel shall be submitted for Planning Department review and approval. Should hotel spaces include uses that serve the public, (ie restaurant, gymnasium, retail sales, etc), a revised parking study, prepared by a licensed traf - fic engineer, shall be submitted for review and approval by the City. Should the parking study show a parking deficit, the overall square footage for buildings within the development shall be adjusted in order to eliminate the parking deficit. General 84. Submit for Planning approval, the plans for trash enclosures. Pursuant to City standards, trash receptacles shall be enclosed by a six (6) foot high solid decorative masonry wall with solid view-obstructing gates, a solid roof with trellis feature, a n ADA accessible pedestrian entrance and a drain to the sewer system. The enclo - sures shall be designed so they cannot be entered into in any way when door and gates are closed and locked. Approved Trash Enclosure plans shall be shown on the plans submitted for Plan Check. 85. The proposed roof-mounted equipment shall be completely screened so as not to be visible from any street or private property adjacent to the Project. The screening shall be an integral part of the building; details shall be provided to the Planning Department for review and approval prior to issuance of building permits. Any pro- posed change shall be reviewed and approved by the Planning Department. 86. Any ground mounted equipment or equipment attached to the building, including gas and electrical meters, and electrical or mechanic cabinets shall be completely screened so as not to be visible from any street or private property adjacent to the Project. Chain link fencing is not an approved screening material. 87. Prior to building permit issuance, the applicant shall demonstrate compliance with SCAQMD rules, Rule 201 – Permit to Construct, Rule 203 – Permit to Operate, and Rule 461 – Gasoline Transfer and Dispensing by obtaining the proper permits from SCAQMD. 88. The applicant shall consider incorporating the following design elements in the building(s): 4.3.b Packet Pg. 185 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 181 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 198 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 14 of 27 a. The use of ultra-efficient air conditioners capable of exceeding California En - ergy Commission requirements by at least 25 percent (i.e. using 75 percent or less energy than CEC standards). b. The use of light-colored roofing and building materials as a design feature. c. The use of photovoltaic generators. d. Leadership in Energy and Environmental Design (LEED) or similar “green” design and certification to improve the quality of the building(s), reduce op - erating costs, and help to create a sustainable community (information avail - able at the LEED website, www.leedbuilding.org). During Construction 89. MM AQ-2 The project applicant shall require that all building structures meet or exceed 2013 Title 24, Part 6 Standards and meet Green Building Code Standards. 90. MM N-2: Prior to obtaining building permits, the applicant shall provide an interior acoustic isolation analysis verifying separating assemblies (e.g. demising wall and floor/ceiling assemblies) for the senior housing and hotel meet Title 24 STC/IIC sound attenuation requirement as outlined within Chapter 12, Section 1207 of the 2013 California Building Code. At Least Thirty Days Prior to Building Permit Occupancy 91. Submit a detailed landscape and irrigation plan, prepared by a licensed landscape architect in conformance with Chapter 17.325 – Water Efficient Landscape and Irrigation and Section 17.325.060 — Landscape and Irrigation Submittal Package Requirements of the Development Code and the City Landscape Design Guidelines for review and approval by the City Landscape Architect. The Landscape and Irri- gation Submittal Package shall include: a) A completed application packet provided by the City and payment of fees; b) The Water Efficient Landscape Worksheet, including the MAWA and ETWU; c) The soils management report; d) The landscape design plan; e) The irrigation design plan; f) A plan designating the hydrozones include the area in square-feet, devoted to landscaping, and a breakdown of the total area by landscape hydrozones; and g) The final approved precise grading plan. 4.3.b Packet Pg. 186 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 182 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 199 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 15 of 27 The Landscape Design Plans shall include the following for Planning Division ap- proval: h) Use City approved construction designs in the detail pages (these can be obtained from the Project Planner); i) Show landscaping on a separate water meter than that of the rest of the Project (buildings); j) Note on the plans that maintenance of the parkway and basin landscape and irrigation is the responsibility of the property owner; k) Show all right-of-way landscaping and irrigation;  Installation and maintenance of the right -of-way landscaping and irrigation shall be the responsibility of the property owner;  Right-of-way landscape irrigation shall be placed on a separate water meter than that of the rest of the site landscaping and shall utilize a CalSense CS3000 (or better) irrigation controller; and  In the general notes, show the street tree planting and staking detail.  Maintain the 25-foot scenic setback along the Ramona Expressway, as re- quired under the Landscape Guideline Appendix. An 8 -foot meandering sidewalk shall be provided within the Scenic Setback. No buildings or drive- ways shall encroach within the Scenic Setback. l) Provide parking lot landscaping in accordance with Section 17.330.090 – Land- scaping Standards for Parking areas of the Development Code; m) Include in the general notes the percentage of landscape coverage (17.325.060 – Landscape and Irrigation Submittal Package Requirements of the Develop- ment Code). All landscape areas shall measure at least five-feet in any direc- tion in order to be counted as meeting the minimum 15% landscape coverage; n) All structures, utility boxes and fixtures, and ot her equipment must be shown on the landscape plan and be screened with shrubs/trees, subject to review and approval by the Planning and Community Development Director; o) Indicate the type of mulch to be used and the application depth; l) Show the type and installation details of any applicable stormwater best man- agement practices; m) Show the ADA paths of travel and public sidewalk special decorative paving per the precise grading plan; n) Provide concrete mow strips where needed to separate ground cover and shrubbery; o) Provide 6-inch wide by 6-inch tall concrete curbing around planter beds in the parking area; 4.3.b Packet Pg. 187 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 183 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 200 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 16 of 27 p) Show parking lot lighting on the landscape plans; q) Show end parking islands with two trees; r) Show trash enclosures screened by five-gallon shrubs planted four-feet on cen- ter; s) Show 30% of the trees as 36-inch box; t) Show 80% of the shrubs as 5-gallon or larger; u) Backflow preventers and fire detection devices for each building and how they will be screened; v) Backflow preventers for the irrigation and how they will be screened; w) Location and design of all utility boxes below and above ground; x) Proposed hardscape, accent paving, paths, and walks; and y) Proposed monument walls/structures, walls, fencing, retaining walls, drainage elements. The Irrigation Design Plans shall include the following for Planning Division ap- proval: z) Use City approved construction designs in the detail pages (these can be obtained from the Planning Department); aa) Design for 100% overlapping coverage; bb) Design for irrigation efficiency (IE) in compliance with Chapter 17.325 – Water Efficient Landscape and Irrigation of the Development Code. For overhead fixtures the IE = .75 and for drip fixtures the IE = .81; cc) Ensure irrigation system is designed to prevent ru noff, over-spray, lowhead drainage and other similar conditions where water flows off -site on to the adjacent property, non-irrigate areas walks, roadways, or structures; dd) The irrigation plan shall identify the following:  Hydrozones by number, letter, or other designation. A Hydrozone In- formation Table shall be prepared for each hydrozone;  Areas irrigated by each valve;  Irrigation point of connection (POC);  Static water pressure at POC;  Location and size of the water meter(s), service laterals, and backflow preventers; 4.3.b Packet Pg. 188 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 184 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 201 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 17 of 27  Location, size, and type of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprin- kler heads and nozzles, pressure regulator, drip, and low volume irri- gation equipment;  Irrigation legend with the manufacturer name, model number, and general description for all specified equipment, separate symbols for all irrigation equipment with different spray patterns, spray radius and precipitation rate; • Total flow rate (gallons per minute), and design operation pres- sure (psi) for each overhead spray and bubbler circuit, and total flow rate (gallons per minute) and design operating pressure (psi) for each drip and low volume irrigation circuit; and • Precipitation Rate (inches per hour) for each overhead spray cir- cuit. • Sprinkler heads and other emission devices shall have matched precipitation rates. ee) Irrigation system details for assembly and installation; ff) Recommended irrigation schedule for each month, including the number of irrigation days per week, number of start times (cycles) per day, minutes of run time per cycle, and the estimated amount of applied irrigation water, ex pressed in gallons per month and gallons per year, for the established land scape; gg) The type of pipe, the pipe rating, and pipe sizes are specified on the plans in a readable legend. Main lines are typically PVC Schedule 40, lateral lines are a minimum PVC Class 200, and lines under paving have PVC Schedule 40 sleeves; hh) If a drip irrigation system is provided, all necessary tubing and emitters are specified, with appropriate connectors and staking indicated; ii) Brown line piping allowed on sloped areas if staked properly; jj) Triple swing joints are provided to protect all sprinkler heads. Flexible risers are required for all heads; kk) Pop-up sprinkler heads provided next to all parking areas and walkways; ll) Landscaped areas shall be provided with a smart irrigation controller which automatically adjusts the frequency and/or duration or irrigation events in response to changing weather conditions. Additional water conservation technology (i.e., soil moisture sensors, rain sensors) may be required, where necessary; mm) Valves are provided in below grade valve boxes to minim ize vandalism and enhance the appearance of the irrigation system; 4.3.b Packet Pg. 189 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 185 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 202 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 18 of 27 nn) A manual shut-off valve shall be required as close as possible to the point of connection of the water supply, to minimize water loss in case of an emer- gency or routine repair; oo) A pressure regulator when the static water pressure is above or below the recommended operating pressure of the irrigation system; pp) Areas including turf, less than eight (8) feet in width in any direction shall be irrigated with subsurface irrigation or low-volume irrigation technology; qq) In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone; and rr) Show all existing street improvements, landscaping, and signs to remain. Prior to Building Permit Occupancy 92. Provide cut sheets or drawings illustrating proposed amenities, including street fur- niture, bollards, bicycle racks, mail box design, and the outdoor amenities serving the senior residential develoment. The amenities shall have a unified design for the entire Project. 93. The developer/applicant or successor in interest shall record a “Water Quality Man- agement Plan and Urban Runoff BMP Transfer Access and Maintenance Agree- ment,” to provide public notice of the requirement to implement the approved Final project-specific WQMP and the maintenance requirements associated with the WQMP. 94. The developer/applicant or successor in interest may have to secure coverage un- der the State’s General Industrial Activities Storm Water Permit as issued by the State Water Resources Control Board. 95. The developer/applicant or successor in interest shall ensure the following, pursuant to Section XII. I. of the 2010 NPDES Permit: nn) Field verification that structural Site Design, Source Control, and Treatment Control BMPs are designed, constructed and functional in accordance with the approved Final Water Quality Management Plan (WQMP). City WQMP Inspector will be notified for required inspections during construction. 96. The contractor responsible for the installation of the parking lot lighting shall certify in writing to the City that the installed lighting meets the specifications of the approved parking lot lighting plan and that lighting does not exceed one -half foot candle along all property lines. 97. The developer/applicant or successor in interest shall submit the following items for the landscape and irrigation development and maintenance: a) The signed Landscape Certificate of Completion pursuant to Section 17.325.070 – Certificate of Completion of the Development Code; 4.3.b Packet Pg. 190 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 186 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 203 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 19 of 27 b) The irrigation scheduling pursuant to Section 17.325.080 – Irrigation Sched- uling of the Development Code; c) The Landscape and Irrigation Maintenance Schedule pursuant to Section 17.325.090 – Landscape and Irrigation maintenance Schedule of the Devel- opment Code; and d) The Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis pursuant to Section 17.325.100 — Irrigation Audit, Irrigation Survey, and Ir- rigation Water Use Analysis of the Development Code. 98. Pursuant to Section 17.325.150 – Maintenance of the Development Code, all in stalled landscaping and irrigation systems shall be continually maintained. Mainte - nance shall consist of regular watering, mowing, pruning, fertilizing, clearing of de bris and weeds, monitoring for pests and disease, the removal and timely replace - ment of dead plants, and the repair and timely replacement of irrigation systems, and integrated architectural features. Operational Conditions 99. The Project shall fully and continually comply with all applicable conditions of ap- proval, State, Federal and local laws in effect at the time the permit is approved and exercised, and which may become effective and applicable thereafter. Failure to do so will be grounds for Code Enforcement actions, revocation, or further legal action. 100. The City shall have the right to annually inspect the site and facilities to ensure compliance with the conditions of approval and to recover its actual costs related to such inspections from the property owner or tenant. 101. The lessee, owner, tenant, or other person having control of the premises for which parking or loading spaces are required by this case SPDR-16-7 shall not prevent, prohibit, or restrict authorized persons (including employees) from using the spaces without the prior written approval of the City’s Development Director. 102. The required parking and loading features (e.g., landscaping, parking surfaces, striping, signs, etc.) shall be continuously maintained in good condition by the per- son having control of the premises (e.g., lessee, owner, tenant, etc.). aa) Landscaping shall be kept alive and continually maintained in compliance with Section 17.330.090 (Landscaping Standards for Parking Areas) and Chapter 17.325 (Water Efficient Landscape and Irrigation). bb) Parking surfaces shall be kept free of holes and substantial deterioration. cc) Striping shall be visible. dd) Signs shall be kept in place, legible, and continually maintained. 4.3.b Packet Pg. 191 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 187 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 204 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 20 of 27 ee) Parked vehicles shall not extend over a property line or into a public right -of- way. ff) All parking and drive aisles shall be screened from the public right-of-way with a landscape hedge or decorative wall, as reviewed and approved by the Plan- ning and Community Development Director. gg) No outdoor storage of tires is permitted. hh) No outdoor repair or installation is permitted. 103. Required parking and loading spaces shall be usable and accessible. 104. Parking facilities for vehicles and bicycles shall be provided and maintained in accordance with City Zoning Ordinance Sections 15.03 and 15.02 (E). 105. Handicapped parking spaces shall be provided and maintained in accordance with State law. 106. Lighting shall be provided throughout the parking area at all hours of customer and employee use. 107. No outdoor storage of tires/materials is permitted. 108. Loading areas shall be identified on the final site plan. Operational Conditions Minor Use Permit 16-3 109. A copy of the Conditional Use Permit and Final Conditions of Approval shall be available at the site and presented to City staff, including the Police Department and Code Enforcement, upon request. Failure to have the latest app roved condi- tions available upon request will be grounds for revocation of the Conditional Use Permit. 110. The business windows of the convenience store shall not be tinted or obscured in any way, including by temporary or painted window signs, and the interior lighting of the building shall remain at adequate levels to clearly see into the business from the exterior. 111. All storage and display of merchandise and supplies must be conducted within the building. 112. Lighting shall be provided throughout the parking area at all hours of customer and employee use. 4.3.b Packet Pg. 192 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 188 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 205 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 21 of 27 BUILDING DIVISION 113. The developer/applicant or successor in interest shall pay for the appropriate Flood Control Improvements. 114. All required Fire Department vehicle access roads shall be maintained in a passable condition at all times for emergency Fire Department use. Gates or other obstructions shall be approved by the Fire Department prior to construction. 115. Fire hydrants shall be tested, accepted, and placed in service prior to any combus- tible material placed on the site. Hydrants shall be placed on all streets in and around all Projects. 116. All lumber scraps, combustible materials, and other debris shall be picked up daily, or more often as required by the Building and Safety Division. 117. If water supply for fire hydrants is lost or if pressure is dramatically reduced, contact the City of San Jacinto, Building and Safety Division. 118. Fire Department access roads (curb, gutter, and all-weather surface), for 60,000 lbs GVW/traffic index of AC thickness of 0.25 feet, shall be provided prior to con- struction, or as approved by the Fire Department. Prior to Building Permit Occupancy 119. Specific addresses for each building shall be provided to make such number plainly visible from the public street, avenue, court, or alley upon which property fronts, and shall be contrasting color and background. PUBLIC WORKS DEPARTMENT 120. All exterior lighting shall be LED, including both wall packs and parking lights. In terior lighting shall be LED as well. FIRE DEPARTMENT CONDITIONS West Office of the Fire Marshal Responsibility: It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (SPDR-16-7) is required on all correspond- ence. Additional information is available at our website: www.rvcfire.org Questions should be directed to the Riverside County Fire Department, Office of the Fire Marshal at 2300 Market St. Suite 150, Riverside, CA 92501. Phone: (951) 955 -4777, Fax: (951) 955-4886. 4.3.b Packet Pg. 193 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 189 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 206 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 22 of 27 With respect to the conditions of approval for the referenced project, the Fire Department requires the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: 121. BLUE DOT REFLECTORS – Blue retro-reflective pavement markers shall be mounted on private streets, public streets, and driveways to indicate location of fire hydrants. 122. HYDRANT LOCATION – Fire hydrants shall be located within 400’ of all exterior portions of the structures, along required fire apparatus access roads, and adjacent to public streets in the quantities and up to the maximum distance as required by California Fire Code and Riverside County Fire Department. 123. HYDRANT FIRE FLOW – Fire hydrant(s) shall be capable of delivering fire flow as required by the California Fire Code and Riverside County Fire Department stand - ards. 124. WATER VERIFICATION – The required water system, including all fire hydrant (s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Approved water plans must be at the job site. 125. ADDRESS – The address shall be posted per Riverside County Fire Department standards and will be clearly visible from the public roadway. 126. FIRE DEPARTMENT ACCESS – Fire Department apparatus access shall be provided to within 150 feet of all portions of all buildings. Driveway loops, fire ap- paratus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. 127. FIRE PROTECTION SYSTEMS – Fire sprinkler systems: All buildings 3,600 square feet or larger shall have NFPA 13 fire sprinkler systems installed per the California Building and California Fire Code as amended by Riverside County Ordinance 787 and San Jacinto Municipal Code. 128. Fire Sprinkler Monitoring Systems: Fire sprinkler systems(s) with 20 or more sprin- kler heads shall have a fire sprinkler monitoring system. Plans shall be submitted to Riverside County Fire Department for review and ap- proval. COUNTY OF RIVERSIDE ENVIRONMENTAL HEALTH 129. For the Convenience Store and Gas Station, the construction plan and permit shall be submitted to County of Riverside Department of Environmental Health and be approved prior to starting construction. 130. A Hazardous Waste Generator Permit must be obta ined prior to operation. 4.3.b Packet Pg. 194 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 190 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 207 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 23 of 27 131. An Underground Storage Tank operating permit must be obtained prior to opera- tion. DEH Hax Mat Plan Check process required. 132. A Hazardous Materials Business Plan permit must be obtained prior to operation. California Environmental Reporting System (CERS) submittal necessary (http://cers.calepa.ca.gov/) 133. An Underground Storage Tank Construction/Installation permit must be obtained prior to construction/modification/repair activities. RIVERSIDE COUNTY RTA 134. An ADA compliant sidewalk shall be constructed along the Main St frontage. The sidewalk shall be connected to the curb for at least a 30’ x 8’ section to accommo- date a bus stop boarding area approximately 100ft west of the Main St./Ramona Expressway intersection on W/B Main St. ENGINEERING DEPARTMENT With respect to the Conditions of Approval for the above referenced project, the City of San Jacinto requires that the developer provide the following street improvements and/or road dedication in accordance with the City of San Jacinto Municipal Code Title 12 and the Conditions of Approval. It is understood that the site plan and the map correctly shows all existing and proposed easements, traveled ways, rights-of-way, and drainage course with appropriate Q’s and that their omission may require the map to be resubmitted for further consideration. These Ordinances and the following conditions are essential parts and requirement occurring in ONE is as binding as though occurring in all. They are in- tended to be complimentary and to describe the conditions for a complete design of the improvements. Unless otherwise noted, all offsite improvements as conditioned shall be installed prior to issuance of any occupancy permits. All questions regarding the true meaning of the conditions shall be referred to the City Engineer’s office. In the event of a conflict between any conditions stated below, those imposed by the Plan- ning Department and others, and requirements as identified in the approved Traffic Impact Analysis, the most stringent in the opinion of the City shall prevail. General Conditions 135. The project’s grading shall be in a manner to perpetuate existing natural draina ge patterns. Any deviation from this, concentration or increase in runoff, must have ap- proval from adjacent property owners, and the City Engineer. Drainage easements shall be obtained from affected property owners or if within this site, shall be shown on the final map. The applicant shall accept the offsite runoff and convey to an ac- ceptable outlet. 136. Prior to issuance of any permit, the applicant shall secure City’s and appropriate agency’s approval of the improvement plans. 4.3.b Packet Pg. 195 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 191 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 208 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 24 of 27 137. Prior to issuance of any building permit, the property owner shall obtain a grading permit and approval to construct for the Building and Safety Department and City Engineer. Prior to issuance of any building permit, the developer/property owner shall obtain a compaction test certification which shall be in compliance with the approved project geotechnical / soils report. 138. The applicant shall submit the following to the City Engineer for his review and ap- proval: a. Street Improvement Plans b. Traffic Signal Plans prepared by Traffic Engineer c. Signing and Striping plans prepared by Traffic Engineer d. Onsite Grading Plans, SWPPP, and Erosion Control Plan e. Water & Sewer Plans f. Drainage Plans, Hydrology and Hydraulic Reports g. Streetlight Plan per City of San Jacinto standards and prepared by Electrical Engineer h. Final WQMP (for reference) 139. The project’s design shall be in compliance with EMWD, Riverside County Flood Control and Water Conservation District, Riverside County, and Caltrans standards, and coordinated with approval plans for adjacent developments. 140. All pads shall be graded to be a minimum of 1’ above 100 -year calculated water surface elevations, or adjacent finished grade. 141. The design and construction of proposed improvements shall be coor dinated with the existing improvements adjacent to this project. 142. Prior to issuance of building permits, paved access to the proposed building shall be provided. 143. The developer shall provide water and sewer services to this project in accordance with the requirements of the appropriate utility purveyor. This project is within the Eastern Municipal Water District’s sewer and water service area. Water and sewer improvements shall be installed per EMWD Standards and Fire Department require - ments. 144. On and offsite fire hydrants shall be installed as determined by the Fire Department. NPDES & Drainage: 145. The project proposes to discharge outlet flows to an existing downstream 24” RCP in Tract 32053-1; this system has not been accepted for maintenance by the City. Therefore, prior to approval of grading plans, the applicant shall obtain permission for the connection. The project site shall not increase the peak runoff to the existing storm drain and adequacy of the receiving drainage system including the basin shall be analyzed. The discharge of the existing basin to City right -of-way and properties downstream of Tr. 32053-1 is a concern and installation of minimum sized (24” RCP) and discharge to an adequate outlet shall be required. 4.3.b Packet Pg. 196 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 192 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 209 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 25 of 27 Alternatively, if said provisions are not feasible due to technical/financial constraints, the applicant shall analyze conveyance of runoff northerly of the project site; respec- tive easements shall be obtained and secured respectively. 146 Prior to approval of a grading plan, the developer/property owner shall comply with the Federal Clean Water Act and prepare a Storm Water Pollution Prevention Plan (SWPPP) and WQMP for this development. A copy of the SWPPP shall be made available at the construction site at all times during construction. 147. All grading and drainage improvements shall comply with NPDES guidelines and Best Management Practices. Erosion control plans shall be prepared and submitted to Regional Water Quality Control Board, and the City, as part of the grading plans. Catch basins shall be installed at main drive to eliminate nuisance runoff. 148. The incremental increase in runoff between developed (100 -year) and undeveloped state, and the nuisance runoff, shall be retained within onsite pr ivate detention facili- ties and discharged to adequate outlet as approved by the City. 149. Onsite landscape area(s) shall be designed in a manner to collect the onsite nuisance runoff in compliance with WQMP Best Management Practices, and NPDES guide- lines. 150. Drainage and flood control facilities and improvements shall be provided in accord- ance with Riverside County Flood Control and Water Conservation District, and the City of San Jacinto requirement, and the following: a. This project is located within the limits of the San Jacinto Area Drainage Plan for which drainage fees have been adopted by the City. Drainage fees shall be paid as set forth under the provisions of the “Rules and Regulations for Administration of Area Drainage Plan”. The project is proposing to retain all onsite generated flows within onsite basins, only treated emergency flows will be discharged into public rights-of-way. All onsite nuisance runoff including irrigations from parkways shall be collected and conveyed to onsite basins. b. Drainage facilities outletting sump conditions shall be designed to convey the trib- utary 100-year storm flows and additional emergency escape shall also be pro- vided. On and offsite storm drain facilities and catch basins to mitigate the nui- sance runoff will be required as determined by the City. 10-year flow shall be re- tained within curb to curb and 100-year storm retained within right-of-way. Any work within Riverside County Flood Control’s right-of-way requires issuance of per- mit. A comprehensive drainage report shall be submitted to City Engineer for re- view and approval. c. The project’s street and grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area and outlet points. No ponding of upstream and downstream properties shall be permit- ted. Detailed hydrological studies and calculations shall be submitted to support the design of the project. 4.3.b Packet Pg. 197 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 193 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 210 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 26 of 27 d. Catch basin(s) and underground drainage pipes (minimum of 18” RCP) shall be installed in order to eliminate the nuisance runoff from X-gutters at existing inter- section and all proposed driveways and intersections shall be taken onsite and connected to onsite WQMP. Street Improvements & Dedications 151. Unless otherwise indicated by Planning conditions, 6’ wide concrete sidewalk adja- cent to the site along all streets (including handicap ramps), and driveways shall be installed pursuant to Riverside County and ADA standards. All driveway approaches shall be constructed per Riverside County standards for Commercial Driveways (Std. 207A) and comply with the most recent ADA requirements in effect at the time of construction. 152. Improve Ramona Expressway to Urban Arterial Highway Standard (73’/55’) and to include installation of half-width street improvements along the property frontage, 14’ (or as appropriate) wide raised landscaped median, curb and gutter and sidewalk located 55’ west of centerline. The existing pavement if in good condition may be grind/overlay as determined by City Engineer. The design shall provide for lane as- signments as depicted on conceptual striping plan prepared by TJW dated July 12, 2017. Additional right-of-way to accommodate turn lanes may be required and shall be determined during plan check process. 153. Improve Main Street to Secondary Highway Standard (50’/32’) and to include instal- lation of half width street improvements along the property frontage, new paving, curb and gutter and sidewalk located 32’ north of centerline. The existing pavement if in good condition may be grind/overlay as determined by City Engineer. 154. Upgrade the existing traffic signal at the intersection of Main Street and Ramona Expressway to ultimate location per City and Riverside County standards and as shown on said TJW plan. 155. Install traffic signal, to ultimate design, at the project’s site’s northerly driveway and Ramona Expressway. 156. The public improvements on Ramona Expressway and Main Street shall accommo- date and correspond to the Conceptual Striping Plan from TJW Engineering dated July 12, 2017. Transitional lanes to accommodate the driveways shall be installed as determined by the developer’s Traffic Engineer. 157. Existing cables (under 66kv) shall be removed, poles removed and undergrounded. All other poles if in conflict with existing improvements shall be relocated. 158. Streetlights shall be installed adjacent to the site as approved by City Engineer, per City of San Jacinto. The street light plan shall be prepared by a registered Electrical Engineer and shall be LS-3, LED type. 159. City has reviewed the traffic study submitted by TJW Engineering, In. for the refer- enced project. Mitigation measures identified in the study dated September 6, 2016 4.3.b Packet Pg. 198 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 194 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 211 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page 27 of 27 and as revised dated June 1, 2017 shall be completed by the a pplicant prior to issu- ance of the first certificate of occupancy or fair share fee as determined by City paid prior to issuance of Building Permit(s). No phasing of public/offsite improvements shall be considered. 160. The property owner(s) shall support the continuous maintenance of the street lighting by annexing to the Landscaping, Lighting, and Park District No. 2 prior to Certificate of Occupancy. All onsite lighting, drainage facilities, WQMP improvements and park- ing/median landscaping shall be the responsibility of the property owner(s). The prop- erty owner(s) shall pay 100% of the maintenance cost of proposed traffic signal at the new driveway and be responsible to pay its share of the maintenance of existing signal at Lake Park. Parcel Map: 161. The Parcel Map is a financing map and shall be recorded prior to issuance of any permit and shall reflect the dedications as shown on the Tentative Map. 162. Prior to approval of the Parcel Map, securities and a public improvement agreement shall be required to be submitted and executed as a guarantee of the completion of the improvements required as a condition of approval of the project. 163. All easements and/or right-of-way dedications shall be offered for dedication to the public and shall continue in force until City accepts or abandons such offers. All ded- ications shall be free from all encumbrances as approved by City. 164. Relinquish and waive rights of access to and from Ramona Expressway and Main Street on the Final Map with the exception of two (2) openings on Ramona Express- way and one (1) opening on Main Street as delineated on the Site Plan. The most southerly driveway on Ramona Expressway may be a signalized full access opening. The northerly driveway on Ramona Expressway is restricted to right-in/right-out only. 4.3.b Packet Pg. 199 Attachment: 02. Conditions of Approval (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 195 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 212 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) MAIN RAMONALAKE PARKPRAISEDOGWOODCORNFLOWER ELDERBERRY POPPYLUPINEBOXELDER MIRACLEFORSITHIASEDUM DIVINE Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID , IGN, and the GIS User Community O PDP 18-1, SPD R 1 6-7, M UP 16-02, MUP 16-04Location Map Subject Site Parcel 9 Parcel 1 Parcel 2 Parcel 3 Parcel 4 Parcel 5 Parcel 6 Parcel 7 Parcel 8 RemainderParcel (MUP 16-2) (MUP 16-3) (MUP 16-4) (MUP 16-4) (PDP 18-2) 4.3.c Packet Pg. 200 Attachment: 03. Location Map (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 -4.2.e Packet Pg. 196 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD3.A.4.e Packet Pg. 213 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR MAIN RAMONALAKE PARKPRAISEDOGWOODCORNFLOWER ELDERBERRY POPPYLUPINEBOXELDER MIRACLEFORSITHIASEDUM DIVINE Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID , IGN, and the GIS User Community O General Plan Amendment 16-1Current General Plan Subject Site Parcel 9 Parcel 1 Parcel 2 Parcel 3 Parcel 4 Parcel 5 Parcel 6 Parcel 7 Parcel 8 RemainderParcel Landuse GPLU Low Density Residenti al Com munity Commercial Park Water Source 4.3.d Packet Pg. 201 Attachment: 04. Current General Plan (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM4.2.e Packet Pg. 197 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD3.A.4.e Packet Pg. 214 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR MAIN RAMONALAKE PARKPRAISEDOGWOODCORNFLOWER ELDERBERRY POPPYLUPINEBOXELDER MIRACLEFORSITHIASEDUM DIVINE Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID , IGN, and the GIS User Community O Parcel Map 37099Current Zoning M ap Subject Site Parcel 9 Parcel 1 Parcel 2 Parcel 3 Parcel 4 Parcel 5 Parcel 6 Parcel 7 Parcel 8 RemainderParcel Commercial Neighborhood Open Space General Open Space Recreational Residential Low 4.3.e Packet Pg. 202 Attachment: 06. Current Zoning (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 -4.2.e Packet Pg. 198 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD3.A.4.e Packet Pg. 215 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR MAIN RAMONALAKE PARKPRAISEDOGWOODCORNFLOWER ELDERBERRY POPPYLUPINEBOXELDER MIRACLEFORSITHIASEDUM DIVINE Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID , IGN, and the GIS User Community O General Plan Amendment 16-1Proposed G eneral P lan Subject Site Parcel 9 Parcel 1 Parcel 2 Parcel 3 Parcel 4 Parcel 5 Parcel 6 Parcel 7 Parcel 8 RemainderParcel General Plan Proposed Com munity Commercial 4.3.f Packet Pg. 203 Attachment: 05. Proposed General Plan (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM4.2.e Packet Pg. 199 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD3.A.4.e Packet Pg. 216 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR MAIN RAMONALAKE PARKPRAISEDOGWOODCORNFLOWER ELDERBERRY POPPYLUPINEBOXELDER MIRACLEFORSITHIASEDUM DIVINE Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID , IGN, and the GIS User Community O Change of Zone 16-1Proposed Zoning Map Subject Site Parcel 9 Parcel 1 Parcel 2 Parcel 3 Parcel 4 Parcel 5 Parcel 6 Parcel 7 Parcel 8 RemainderParcel Proposed Zoning Proposed Zone Com mercial General 4.3.g Packet Pg. 204 Attachment: 07. Proposed Zoning (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 370994.2.e Packet Pg. 200 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD3.A.4.e Packet Pg. 217 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 4.3.hPacket Pg. 205Attachment: 08. Site Plan (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.ePacket Pg. 201Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099)3.A.4.ePacket Pg. 218Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) 4.3.iPacket Pg. 206Attachment: 09. Project Plans (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.ePacket Pg. 202Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.ePacket Pg. 219Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) 4.3.iPacket Pg. 207Attachment: 09. Project Plans (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.ePacket Pg. 203Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.ePacket Pg. 220Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) 4.3.iPacket Pg. 208Attachment: 09. Project Plans (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.ePacket Pg. 204Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.ePacket Pg. 221Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) 4.3.iPacket Pg. 209Attachment: 09. Project Plans (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.ePacket Pg. 205Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.ePacket Pg. 222Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) 4.3.iPacket Pg. 210Attachment: 09. Project Plans (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.ePacket Pg. 206Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.ePacket Pg. 223Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) 4.3.iPacket Pg. 211Attachment: 09. Project Plans (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.ePacket Pg. 207Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.ePacket Pg. 224Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) 4.3.iPacket Pg. 212Attachment: 09. Project Plans (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.ePacket Pg. 208Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.ePacket Pg. 225Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) 4.3.iPacket Pg. 213Attachment: 09. Project Plans (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.ePacket Pg. 209Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.ePacket Pg. 226Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) 4.3.iPacket Pg. 214Attachment: 09. Project Plans (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.ePacket Pg. 210Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.ePacket Pg. 227Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) 4.3.iPacket Pg. 215Attachment: 09. Project Plans (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.ePacket Pg. 211Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.ePacket Pg. 228Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) 4.3.iPacket Pg. 216Attachment: 09. Project Plans (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.ePacket Pg. 212Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.ePacket Pg. 229Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) 4.3.iPacket Pg. 217Attachment: 09. Project Plans (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.ePacket Pg. 213Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.ePacket Pg. 230Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) 4.3.iPacket Pg. 218Attachment: 09. Project Plans (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.ePacket Pg. 214Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.ePacket Pg. 231Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) 4.3.iPacket Pg. 219Attachment: 09. Project Plans (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.ePacket Pg. 215Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.ePacket Pg. 232Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) 4.3.iPacket Pg. 220Attachment: 09. Project Plans (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.ePacket Pg. 216Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.ePacket Pg. 233Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) 4.3.iPacket Pg. 221Attachment: 09. Project Plans (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.ePacket Pg. 217Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.ePacket Pg. 234Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) 4.3.iPacket Pg. 222Attachment: 09. Project Plans (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.ePacket Pg. 218Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.ePacket Pg. 235Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) 4.3.iPacket Pg. 223Attachment: 09. Project Plans (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.ePacket Pg. 219Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.ePacket Pg. 236Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) 4.3.iPacket Pg. 224Attachment: 09. Project Plans (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.ePacket Pg. 220Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.ePacket Pg. 237Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) APPROVED BY: PREPARED BY: DATE DATE R.C.E. NO. EXP. DATE SEALSEAL Park City, UT 84098, 5133 Cove Canyon Dr, #302, Phone/Fax (435)615-1489 Hemet, CA. 92544, 41555 E Florida Ave., Suite G, Phone (951)658-1727 Fax (951)658-9347 # 46354 12-31-16 CITY OF SAN JACINTO KPC PROMENADE TENTATIVE PARCEL MAP No. 37099 CITY ENGINEER - CITY OF SAN JACINTO 0 60 120 180 1" = 60' KPC PROMENADE TENTATIVE PARCEL MAP No. 37099 18' 6'12'6'12' 7'7'18' 146'R/WR/W 2%2% AC PAVEMENTCL II BASE CURB & GUTTER SIDE WALK CURBED AND LANDSCAPED MEDIAN COMPACTED SUBGRADE 2%2% TYPICAL STREET SECTION URBAN ARTERIAL HIGHWAY RAMONA EXPRESSWAY NOT TO SCALE 110' 19' SET BACK LANDSCAPE 10'12'12'14'14'12'12'10' SIDE WALK 18' 6'12'6'12' 18' 100'R/WR/W 2%2% AC PAVEMENTCL II BASE CURB & GUTTER SIDE WALK COMPACTED SUBGRADE 2%2% TYPICAL STREET SECTION SECONDARY HIGHWAY MAIN STREET NOT TO SCALE 64' 8'12'12'12'12'8' SIDE WALK SET BACK LANDSCAPE 19' TC TP FF FL HP SD INV CB ~ TOP OF CURB ~ TOP OF PAVEMENT ~ FINISH FLOOR ~ FLOW LINE ~ HIGH POINT ~ STORM DRAIN ~ INVERT ~ CATCH BASIN ~ PROPOSED BLOCK WALL ~ EXISTING FIRE HYDRANT LEGEND MO U N T A I N LAK E P A R K D R. D R . R AMO N A B L V D . S O B O B A D E A N Z A R AM O N A OWNER/APPLICANT: LATHAM MANAGEMENT GROUP 1600 E. FLORIDA AVENUE, SUITE 110 HEMET, CA 92544 (951) 658-2559 ASSESSOR'S PARCEL NOS.: 433-130-021 AND 025 LEGAL DESCRIPTION: LOTS 64 AND 66 OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATION, IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 357 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. EXCEPT THEREFROM THAT PORTION DESCRIBED IN THAT CERTAIN DEED TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RECORDED JUNE 30, 1966 AS INSTRUMENT NO. 67441, OFFICIAL RECORDS. ALSO EXCEPT THEREFROM THAT PORTION DESCRIBED IN THAT CERTAIN DEED TO THE COUNTY OF RIVERSIDE RECORDED MARCH 12, 1986 AS INSTRUMENT NO. 57289, OFFICIAL RECORDS. ALSO EXCEPT THEREFROM THAT PORTION DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION RECORDED JUNE 21, 1988 AS INSTRUMENT NO. 169206, OFFICIAL RECORDS. ALSO EXCEPT THEREFROM ANY PORTION LYING WITHIN TRACT 32053-1, AS SHOWN BY MAP ON FILE IN BOOK 395, PAGES 32 THROUGH 37, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ACREAGE: *5266“ 1(7“ NUMBER OF PARCELS : 9 UTILITIES : SEWER EASTERN MUNICIPAL WATER DISTRICT WATER EASTERN MUNICIPAL WATER DISTRIC ELECTRIC SOUTHERN CALIFORNIA EDISON COMPANY GAS SOUTHERN CALIFORNIA GAS COMPANY TELEPHONE FRONTIER COMMUNICATIONS CABLE TIME WARNER SCHOOL DISTRICT : SAN JACINTO UNIFIED SCHOOL DISTRICT CONTIGUOUS OWNERSHIP : TENTATIVE PARCEL MAP INCLUDES A PORTION OF OWNER'S PROPERTY FLOOD PLAIN : ZONE X COMMUNITY PANEL NUMBER 06065C1490G, DATED 8/28/2008 3523(57<,6127:,7+,1$ò0,/(2)$)$8/7/,48()$7,21 POTENIAL IS MODERATE. PROPERTY IS NOT SUBJECT TO OVERFLOW, INUNDATION OR FLOOD HAZARDS. PREPARED: MAY 16, 2016 1. A RIGHT OF WAY OVER SAID LAND FOR ONE DITCH, FLUME, OR OTHER AQUEDUCT ACROSS THE LANDS OF ANY OTHER OWNER, LYING BETWEEN HIM AND THE SAN JACINTO RIVER, AS RESERVED TO EACH AND EVERY OWNER OF LANDS IN THE RANCHO SAN JACINTO VIEJO, HIS HEIRS AND ASSIGNS, BY DECREE OF PARTITION OF SAID RANCHO, RECORDED IN BOOK 43, PAGE 161 OF DEEDS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, THE EXACT LOCATION THEREOF CANNOT BE LOCATED FROM RECORD. 2. AN EASEMENT FOR PUBLIC ROAD PURPOSES AS SHOWN OR AS OFFERED FOR DEDICATION ON THE MAP OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATION, RECORDED IN BOOK 8, PAGE 357 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, AND AS ACCEPTED FOR PUBLIC USE BY A RESOLUTION, EXECUTED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, RECORDED JANUARY 27, 1953 AS INSTRUMENT NO. 4012, IN BOOK 1435, PAGE 487 OF OFFICIAL RECORDS, THE WIDTH OF SAID EASEMENT CANNOT BE DETERMINED FROM RECORD. EASEMENT NOTES SOURCE OF TOPOGRAPHY INLAND AERIAL SURVEYS, INC. DATED JUNE 19, 2015 4.3.j Packet Pg. 225 Attachment: 10. TPM 37099 (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP Promenade)4.2.e Packet Pg. 221 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099)3.A.4.e Packet Pg. 238 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 1 1.0 INITIAL STUDY 1.0 INTRODUCTION 1.1 PROJECT TITLE KPC Promenade General Plan Amendment No 16-1, Change of Zone Case No. 16-1, Tentative Parcel Map 37099, Site Plan and Design Review Case No. 16-7, Minor Use Permit 16-2 (senior housing development), Minor Use Permit 16-3 (service station), and Minor Use Permit 16-4 (Drive through restaurants). The project is being processed as Planned Development Permit 18-1 pursuant to Chapter 17.620 of the San Jacinto Development Code. 1.2 LEAD AGENCY NAME AND ADDRESS City of San Jacinto 595 S. San Jacinto Avenue San Jacinto, CA 92583 Contact: David Leonard, Contract Planner Email: leonarddla@earthlink.net 1.3 PROJECT APPLICANT Howard Rosenthal for KPC Latham Management Group 1600 E. Florida Avenue, Suite 110 Hemet, CA 92544 Contact: Howard Rosenthal Email: howard@rosenthalexcell.com 1.4 GENERAL PLAN AND ZONING General Plan Existing: Low Density Residential (LDR) 2.0 to 5.1 du/acre Proposed: Community Commercial (CC) Zoning: Existing: Residential Low (RL) Proposed: General Commercial (CG) 4.3.k Packet Pg. 226 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 222 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 239 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 2 1.5 PROJECT LOCATION AND DESCRIPTION Project Location This Initial Study evaluates the environmental impacts associated with the KPC Promenade, a mixed use development of senior residential and a variety of community commercial uses on 25.65 gross (22.43 net) acres of land. The proposed project is located on vacant land at the northwest corner of Main Street and the Ramona Expressway in the City of San Jacinto. The property is identified by Assessor Parcel Numbers 433-130-021 and 025. The project location is shown in Figure 1. Figure 1 Project Location The site is relatively flat. Ramona increases in elevation going south and results in an elevated intersection above the site at Main Street. A recorded single family subdivision has been graded but not constructed west of the project site. Project Description The project proposes a total of 114 active senior apartments within a gated community along the west portion of the site, a 120-room hotel, and 155,200 total square feet of commercial and restaurant uses. The development is anchored by a four-story, 120-room hotel having a height of 60 feet, with an illuminated dome extending up to 96 feet. The hotel would sit 12 feet below grade at the intersection of Main Street and Ramona Expressway and include a roofline observation deck. The hotel will encompass 125,000 SF. 4.3.k Packet Pg. 227 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 223 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 240 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 3 A 6200 square foot urgent care medical office building, located in close proximity to the senior housing, is proposed along Main Street. Four commercial pads are proposed along Ramona Expressway that would include a 5000 SF full service restaurant, a 4300 SF drive-through restaurant, a 3500 SF drive-through restaurant, and a combination retail and restaurant building totaling 6300 SF. A service station and a 3500 SF convenience store is proposed along the northern boundary along Ramona Expressway that is separated by access and distance from the remainder of the project. This facility also includes a car wash. The station would include 16 fuel pumps. In addition to the commercial uses, the projects includes a gated three-story active senior apartment development, with a 9650 SF clubhouse/office, garden area, pet area, and pool and spa, two bocce ball courts, and outdoor restrooms along the western portion of the site pet area. The development includes 69 1-bedroom units and 45 2-bedroom units. Parking is provided for the 114 residents, 12 guests, and 12 employees totaling 138 spaces. A parking field for commercial uses is planned between the commercial pads along Ramona Expressway and the senior housing development. This parking field contains 422 parking spaces for commercial and office uses. A 0.85 acre retention basin is planned along the northwest area of the project to collect surface flows from within the project area. The basin will be privately maintained. The basin includes a spillway that will convey excess flows to a basin west of the site within Tract 32053. This project will be required to participate in a fair-share agreement for the maintenance of that facility as well. Primary access through the site will be provide from a 30 foot internal main private drive serving commercial and residential uses. Parking aisles of 25-feet will serve the parking areas. A second 30-foot driveway will loop to the hotel entry. Access for full turning movement will be provided from the northerly entry at Ramona Expressway and from Main Street. A right in- right out access will be provided from the southerly entry on Ramona Expressway. The overall site plan, (SPDR Case No. 16-7) is shown in Figure 2. 4.3.k Packet Pg. 228 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 224 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 241 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 4 Figure 2 Overall Site Plan 4.3.k Packet Pg. 229 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 225 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 242 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 5 The entitlements for the proposed project include a General Plan Amendment (Case No 16- 1), to change the land use designation of the San Jacinto General Plan from Low Density Residential (LDR) to Community Commercial (CC). Change of Zone (Case No. 16-1) has been filed to change the zone from Residential Low Density (RL) to General Commercial (CG). Senior Residential projects are allowed in the CG Zone with a Minor Use Permit pursuant to Section 17.220.020 of the San Jacinto Development Code. Tentative Parcel Map 37099 has been filed to divide the property into nine parcels that reflect the design of the site plan. As shown in Figure 3, the map also includes a designated Remainder Parcel. The remainder parcel contains recorded residential lots established by Tract 32053. A Site Plan and Design Review (Case No. 16-7) had been filed to address the overall development plan. A Minor Use Permit (Case No. 16-2) has been filed for the senior housing development. Minor Use Permit (Case No. 16-3) has been filed for the service station with associated convenience store. Minor Use Permit (Case No. 16-4) has been filed for two fact food drive through restaurants. The project is being processed as Planned Development Permit 18-1 pursuant to Chapter 17.620 of the Development Code. The purposed of Planned Developments is to ensure efficient land and better living environment, ensure high standards of environmental quality, and to provide a level of enhanced amenities. Under the provisions of this Chapter, the permit may adjust, where necessary and justifiable, all applicable development standards. Two major adjustments are proposed that related to building height and parking count. Building Height The Development Code allows a maximum height of 45 feet. Variations from Code requirements are allowed pursuant to the Planned Development Permit process. Therefore, the proposed hotel is designed for up to 60 feet of living space and an illuminated dome that would extend to 96 feet. The proposed hotel is designed for up to 60 feet of living space and an illuminated dome that would extend to 96 feet. Parking The applicant is proposing 422 spaces where 468 spaces are required. The Development Code allows adjustments to parking subject to a Shared Parking analysis. The applicant has submitted the analysis that supports the adequacy of the proposed parking count due to travel between on-site uses, and the absence of proposed amenities within the hotel that account for the difference in the number of the space requirements. The senior residential project provides the required 138 parking spaces. The parking plan complies with CalGreen Building Code mandatory provisions for long-term (lockers) and short-term (racks) bicycle parking, as well as electric vehicle/van pool/ charging stations. 4.3.k Packet Pg. 230 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 226 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 243 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 6 Figure 3 Tentative Parcel Map 37099 4.3.k Packet Pg. 231 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 227 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 244 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 7 1.6 SURROUNDING LAND USES AND SETTING: (Briefly describe the project's surroundings.) The project area has been transitioning from agriculture to urbanization over the past three decades. Development within one-half mile of the project has consisted primarily of single family residential development extending up to the proposed project site. As a result, graded housing pads and paved streets extend to the north half of the easterly boundary of the site. The area north of the project site remains in agriculture for use as field crops. Single family residential development exists or is emerging to the west and southwest. The area south of the site is predominantly vacant, with a medical officer operated by the Soboba Band of Luiseno Indians. The 145 foot-wide Ramona Expressway and the San Jacinto River lie to the east. The Soboba Reservati on also lies to east with a six-story 20-room hotel, restaurant, and casino. The Luiseno Village shopping center is planned at the southwest corner of Main St. and the Ramona Expressway that proposes nearly 32,000 SF of retail and service uses. Figure 4 illustrates the surrounding development in the area. Figure 4 Surrounding Development 4.3.k Packet Pg. 232 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 228 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 245 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 8 1.7 OTHER PUBLIC AGENCIES WHO’S APPROVAL IS REQUIRED (e.g., permits, financing approval, or participation agreement.) Biological Resources: Riverside Conservation Agency and wildlife agencies shall review the trapping and relocation program for the Los Angeles Pocket Mouse (LAPM) and San Bernardino Kangaroo Rat (SBKR); and shall approve a suitable relocation site and habitat funding plan for the SBKR. Cultural Resources: The Soboba Band of Luiseno Indians shall approve an Archaeological Mitigation and Monitoring Plan (AMMP). Hydrology and Water Quality: The Regional Water Quality Control Board shall review and approve the project Storm Water Pollution Prevention Plan SWPPP. Utilities and Service Systems: The Eastern Municipal Water District shall verify the availability to serve the proposed development, including domestic and fire flow supply. 1.8 Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? The proposed project is subject to the provisions of SB18. The Tribes identified for this region by the Native American Heritage Commission (NAHC) were contacted on August 22, 2016 to commence 90-day consultation period extending to November 22, 2016. The Soboba Tribe of Luiseno Indians requested consultation, which occurred on December 8, 2016. Based on the recommended mitigation measures, the SB 18 process was closed out on December 13, 2016. The proposed project is subject to the provisions of AB 52. The City of San Jacinto contacted the Tribes who had sought notification under AB 52 on August 22, 2016. The City received a formal request from the Soboba Band of Luiseno Indians to initiate consultation on this project. Consultation occurred on December 8, 2016 with Mr. Joseph Ontiveros, Cultural Resource Director for the Soboba Tribe. Mr. Ontiveros had been provided a copy of the cultural resource report prepared by Scientific Resource Surveys. Based on this report and the subsequent consultation meeting, no further study is required and the AB 52 process was closed out on December 13, 2016. Further discussion is provided in the Cultural Resources Section V.e. 4.3.k Packet Pg. 233 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 229 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 246 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 9 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology / Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology / Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services Recreation Transportation / Traffic Utilities / Service Systems Mandatory Findings of Significance DETERMINATION (To be completed by the Lead Agency): On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. x I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Printed Name For 4.3.k Packet Pg. 234 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 230 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 247 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 10 EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analyses Used. Identify and state where they are av ailable for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and 4.3.k Packet Pg. 235 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 231 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 248 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 11 b) the mitigation measure identified, if any, to reduce the impact to less than significance. Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Source: Site Plan and San Jacinto Development Code, Photo-simulations by Artistic Engineering, Luiseno Village development plans, Soboba Hotel and Casino development plans. Findings of Fact: a) The most prominent scenic vista in the San Jacinto Valley is the San Jacinto Mountains to the north and east of the project site. The project’s Planned Development Permit would allow modifications to certain development standards, including building height. The project’s proposed dome height is 96 feet, with habitable space up to 60 feet. The Municipal Code establishes a maximum height of 45 feet for commercial buildings. Development in the area is rapidly intensifying. A six story, 200-room hotel, restaurant, and casino has been constructed on the Soboba Reservation within a quarter mile of the site. The Luiseno Village shopping center is in process on land immediately south of the project site. Photo- simulations to analyze the impact of the proposed project on scenic vistas have been completed and are provided in Appendix 3. The photo simulations illustrate that the proposed project’s dome and observation deck would impact views of the San Jacinto Mountain foothills from properties located west of the project site. However, the proposed project would not impact the higher elevations and ridgeline of the San Jacinto Mountain range, meaning that views of these scenic vistas would remain. Based on the emerging development patterns and impacts illustrated by the photo simulations, the resulting impact on scenic resources will be less than significant. No mitigation is required. b) The project site does not contain any scenic resources, such as trees, rock outcroppings, or structures. The project site is not located along a state scenic highway. The project complies with the City standard for a 25-foot scenic landscape setback along the Ramona Expressway. A minimum 10-foot setback is provided along Main St. The project meets the landscape coverage requirements set forth in the Municipal Code. Therefore there is no impact and no mitigation is required. c) The design of the proposed project offers an integrated architectural program that meets or 4.3.k Packet Pg. 236 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 232 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 249 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 12 exceeds the Design Guidelines of the Municipal Code by offering contemporary design featuring a mix of material finishes, varied wall planes, an emphasis on wall mounted lighted rather than pole lights, and the use of cornices to define access points throughout the development. Although the height of the proposed hotel exceeds the height standards of the Municipal Code, the project is filed as a Planned Development Permit that allows higher building heights. The mixed-use development featuring contemporary design and construction practices, and compliance with the development standards set forth in Section 17.430 of the Municipal Code, will not degrade the visual character of the site and the community. Therefore, impacts to the visual character of the site or its surroundings will be less than significant based on the reasons stated in item a) and above. No mitigation is required. d) The proposed project would result in a significant adverse impact by introducing substantial light source within the tower feature and extending down to the observation deck. Outdoor lighting is regulated under Section 17.300.080 of the Municipal Code which prohibits light illumination spillover on to adjoining properties. Compliance with the provisions of the Municipal Code shall be verified under Mitigation Measure AE-1, will reduce the impact to a level of insignificance. Mitigation Measures: AE-1 Prior to the issuance of any building permits, a photometric plan shall be prepared for review and approval by the Planning Department demonstrating that light spillage will be controlled onto adjoining residential properties pursuant to Section 17.300.080 of the Municipal Code. II. AGRICULTURE AND FOREST RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest protocols adopted by the California Air Resources Board. Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 4.3.k Packet Pg. 237 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 233 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 250 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 13 c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? a) Source: San Jacinto General Plan Final EIR Findings of Fact Figure 5.2-2 of the San Jacinto General Plan Final EIR identifies Important Farmland in the San Jacinto. The project site is shown as Unique Farmland. A Statement of Overriding Considerations was adopted with the certification of the Final Environmental Impact Report to facilitate the conversion of agriculture to urban land use. The project site was designated on the General plan for urban land use in the form of Low Density Residential (existing) and Community Commercial (proposed), as appropriate for a property at the intersection of major roadways. The property has deteriorated from trespassing and illegal dumping that render the site unsuitable for agriculture use. Therefore, the impact upon agricultural resources as less than significant. No mitigation is required. b) Figure 5.2-2 of the San Jacinto General Plan Final EIR identifies lands under Williamson Act contracts. The project site does not lie within a Williamson Act land contract. Land north of the project site is used for seasonal farming, (farm property). A masonry wall is required along the northern boundary shared with the farm property. No access with be taken through the farm property. No uses that would generate airborne emissions are proposed within the project. Therefore no impact on Williamson Act lands or seasonal farm lands will occur as a result of the proposed project. No mitigation is required c, d) The project site contains no trees that would constitute forested land. The proposed project will result in no impact upon forest land. No mitigation is required e) The property located north of the site has been used for field crops and may continue to do so in the future. Continued agricultural activities may produce nuisances from odors, noise, and equipment that could hasten the conversion of agricultural use to urbanization as anticipated through the General Plan. Mitigation Measure AG-1 requires the recording of a right to farm covenant which would protect farming activities that may be considered a nuisance from being shut down. This would reduce that potential impact to a level of insignificance. Mitigation Measure: AG-1: The Developer shall record a right-to-farm covenant acknowledging the use of 4.3.k Packet Pg. 238 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 234 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 251 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 14 adjoining land for agricultural use and the right for that use to continue. The text of this covenant shall be submitted to City staff for review and approval prior to recording the covenant, and shall include the following statement a) No agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes within 300 feet of a land zoned or used for agricultural purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three (3) years if it was not a nuisance at the time it began. b) A disclosure statement shall be provided to the buyers/tenants who will be located adjacent to land that is zoned for agricultural operations, and that the noise, odors, and outdoor activity levels may be more intrusive than levels in a typical area. Each tenant shall sign the written disclosure statement acknowledging that they have received, read, and understand the disclosure statement. III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporate d Less Than Significant Impact No Impact a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Source: KPC Promenade Air Quality and Greenhouse Gas Impact Study, MD Acoustics, August 11, 2016 Regulatory Setting Air pollutants are regulated at the national, state, and air basin level; each agency has a different level of regulatory responsibility. The United States Environmental Protection Agency (EPA) regulates at the national level. The California Air Resources Board (ARB) regulates at the state level. The South Coast Air Quality Management District (SCAQMD) regulates at the air basin level. 4.3.k Packet Pg. 239 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 235 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 252 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 15 The EPA is responsible for global, international, and interstate air pollution issues and policies. The EPA sets national vehicle and stationary source emission standards, oversees approval of all State Implementation Plans, provides research and guidance for air pollution programs, and sets National Air Quality Standards, also known as federal standards. There are six common air pollutants, called criteria pollutants, which were identified from the provisions of the Clean Air Act of 1970. Ozone Nitrogen Dioxide Lead Particulate Matter (PM10 and PM2.5) Carbon Monoxide Particulate Matter Sulfur Dioxide The federal standards were set to protect public health, including that of sensitive individuals; thus, the standards continue to change as more medical research is available regarding the health effects of the criteria pollutants. Primary federal standards are the levels of air quality necessary, with an adequate margin of safety, to project the public health. A State Implementation Plan is a document prepared by each state describing existing air quality conditions and measures that will be followed to attain and maintain federal standards. The State Implementation Plan for the State of California is administered by the ARB, which has overall responsibility for statewide air quality maintenance and air pollution prevention. California’s State Implementation Plan incorporates individual federal attainment plans for regional air districts—air district prepares their federal attainment plan, which sent to ARB to be approved and incorporated into the California State Implementation Plan. Federal attainment plans include the technical foundation for understanding air quality (e.g., emission inventories and air quality monitoring), control measures and strategies, and enforcement mechanisms. The federal and state ambient air quality standards are summarized in Table 1 Table 1: Ambient Air Quality Standards Notes: 1. California standards for ozone, carbon monoxide (except 8-hour Lake Tahoe), sulfur dioxide (1 and 24 hour), nitrogen dioxide, and particulate 4.3.k Packet Pg. 240 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 236 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 253 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 16 matter (PM10, PM2.5, and visibility reducing particles), are values that are not to be exceeded. All others are not to be equaled or exceeded. California ambient air quality standards are listed in the Table of Standards in Section 70200 of Title 17 of the California Code of Regulations. 2. National standards (other than ozone, particulate matter, and those based on annual arithmetic mean) are not to be exceeded more than once a year. The ozone standard is attained when the fourth highest 8-hour concentration measured at each site in a year, averaged over three years, is equal to or less than the standard. For PM10, the 24 hour standard is attained when the expected number of days per calendar year with a 24-hour average concentration above 150 μg/m3 is equal to or less than one. For PM2.5, the 24 hour standard is attained when 98 percent of the daily concentrations, averaged over three years, are equal to or less than the standard. Contact the U.S. EPA for further clarification and current national policies. 3. Concentration expressed first in units in which it was promulgated. Equivalent units given in parentheses are based upon a reference temperature of 25°C and a reference pressure of 760 torr. Most measurements of air quality are to be corrected to a reference temperature of 25°C and a reference pressure of 760 torr; ppm in this table refers to ppm by volume, or micromoles of pollutant per mole of gas. 4. Any equivalent measurement method which can be shown to the satisfaction of the ARB to give equivalent results at or near the level of the air quality standard may be used. 5. National Primary Standards: The levels of air quality necessary, with an adequate margin of safety to protect the public health. 6. National Secondary Standards: The levels of air quality necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant. 7. Reference method as described by the U.S. EPA. An “equivalent method” of measurement may be used but must have a “consistent relationship to the reference method” and must be approved by the U.S. EPA. 8. On December 14, 2012, the national annual PM2.5 primary standard was lowered from 15 μg/m3 to 12.0 μg/m3. The existing national 24-hour PM2.5 standards (primary and secondary) were retained at 35 μg/m3, as was the annual secondary standard of 15 μg/m3. The existing 24-hour PM10 standards (primary and secondary) of 150 μg/m3 also were retained. The form of the annual primary and secondary standards is the annual mean, averaged over 3 years. 9. To attain the 1-hour national standard, the 3-year average of the annual 98th percentile of the 1-hour daily maximum concentrations at each site must not exceed 100 ppb. Note that the national 1-hour standard is in units of parts per billion (ppb). California standards are in units of parts per million (ppm). To directly compare the national 1-hour standard to the California standards the units can be converted from ppb to ppm. In this case, the national standard of 100 ppb is identical to 0.100 ppm. 10. On June 2, 2010, a new 1-hour SO2 standard was established and the existing 24-hour and annual primary standards were revoked. To attain the 1-hour national standard, the 3-year average of the annual 99th percentile of the 1-hour daily maximum concentrations at each site must not exceed 75 ppb. The 1971 SO2 national standards (24-hour and annual) remain in effect until one year after an area is designated for the 2010 standard, except that in areas designated nonattainment for the 1971 standards, the 1971 standards remain in effect until implementation plans to attain the 2010 standards are approved. Note that the 1-hour national standard is in units of parts per billion (ppb). California standards are in units of parts per million (ppm). To directly compare the 1-hour national standard to the California standard the units can be converted to ppm. In this case, the national standard of 75 ppb is identical to 0.075 ppm. 11. The ARB has identified lead and vinyl chloride as 'toxic air contaminants' with no threshold level of exposure for adverse health effects determined. These actions allow for the implementation of control measures at levels below the ambient concentrations specified for these pollutants. 12. The national standard for lead was revised on October 15, 2008 to a rolling 3-month average. The 1978 lead standard (1.5 μg/m3 as a quarterly average) remains in effect until one year after an area is designated for the 2008 standard, except that in areas designated nonattainment for the 1978 standard, the 1978 standard remains in effect until implementation plans to attain or maintain the 2008 standard are approved. 13. In 1989, the ARB converted both the general statewide 10-mile visibility standard and the Lake Tahoe 30-mile visibility standard to instrumental equivalents, which are "extinction of 0.23 per kilometer" and "extinction of 0.07 per kilometer" for the statewide and Lake Tahoe Air Basin standards, respectively. . Several pollutants listed in Table 2 were not addressed in the project analysis. Analysis of lead was not included in the KPC Promenade Air Quality report because the project is not anticipated to emit lead. Visibility-reducing particles are not explicitly addressed in this analysis because particulate matter is addressed. The project is not expected to generate or be exposed to vinyl chloride because proposed project uses do not utilize the chemical processes that create this pollutant and there are no such uses in the project vicinity. The proposed project is not expected to cause exposure to hydrogen sulfide because it would not generate hydrogen sulfide in any substantial quantity. a) The agency for air pollution control for the South Coast Air Basin (basin) is the South Coast Air Quality Management District (SCAQMD). SCAQMD is responsible for controlling emissions primarily from stationary sources. SCAQMD maintains air quality monitoring stations throughout the basin. SCAQMD, in coordination with the Southern California Association of Governments, is also responsible for developing, updating, and implementing the Air Quality Management Plan (AQMP) for the basin. An AQMP is a plan prepared and implemented by an air pollution district for a county or region designated as nonattainment of the federal and/or California ambient air quality standards. The term nonattainment area is used to refer to an air basin where one or more ambient air quality standards are exceeded. Therefore, this section discusses any potential inconsistencies of the proposed project with the AQMP. 4.3.k Packet Pg. 241 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 237 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 254 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 17 A proposed project should be considered to be consistent with the AQMP if it furthers one or more policies and does not obstruct other policies. The SCAQMD CEQA Handbook identifies two key indicators of consistency: Criterion 1 - Increase in the Frequency or Severity of Violations Based on the air quality modeling analysis contained in this Air Analysis, neither short-term construction impacts, nor long-term operations will not result in significant impacts based on the SCAQMD regional and local thresholds of significance. Therefore, the proposed project is not projected to contribute to the exceedance of any air pollutant concentration standards and is found to be consistent with the AQMP for the first criterion. Criterion 2 - Exceed Assumptions in the AQMP? Consistency with the AQMP assumptions is determined by performing an analysis of the proposed project with the assumptions in the AQMP. The emphasis of this criterion is to ensure that the analyses conducted for the proposed project are based on the same forecasts as the AQMP. The 2012- 2035 Regional Transportation/Sustainable Communities Strategy, prepared by SCAG, 2012, consists of three sections: Core Chapters, Ancillary Chapters, and Bridge Chapters. The Growth Management, Regional Mobility, Air Quality, Water Quality, and Hazardous Waste Management chapters constitute the Core Chapters of the document. These chapters currently respond directly to federal and state requirements placed on SCAG. Local governments are required to use these as the basis of their plans for purposes of consistency with applicable regional plans under CEQA. For this project, the City of San Jacinto Land Use Plan defines the assumptions that are represented in the AQMP. The existing General Plan land use designation for the site is residential use. The project proposes a zoning change to general commercial and includes the construction and operation of a retail space, a 16 pump fueling-position service station with convenience market and car wash, fast- food restaurants, 120-room hotel, 114 dwelling unit senior living and medical office. The proposed project would be consistent with the future General Plan land use designation. Therefore, it is not anticipated that the project would exceed the AQMP assumptions for the project site, and is found to be consistent with the AQMP for the second criterion. The proposed project would be consistent with the future General Plan land use designation. Therefore, it is not anticipated that the project would exceed the AQMP assumptions for the project site, and is found to be consistent with the AQMP for the second criterion. Based on the above, the proposed project will not result in an inconsistency with the SCAQMD AQMP. Therefore, a less than significant impact will occur. b) The following tables identify whether the proposed project would Violate any air quality standard or contribute substantially to an existing or projected air quality violation. Construction Emissions The construction emissions for the project would not exceed the SCAQMD’s daily emission thresholds at the regional level as demonstrated in Table 2, and therefore would be considered less than significant. 4.3.k Packet Pg. 242 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 238 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 255 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 18 Table 2 Regional Significance - Construction Emissions (pounds/day) The data provided in Table 3 shows that none of the analyzed criteria pollutants would exceed the local emissions thresholds at the nearest sensitive receptors. Therefore, a less than significant local air quality impact would occur from construction of the proposed project. Table 3 Localized Significance – Construction Operations Emissions The operations-related criteria air quality impacts created by the proposed project have been analyzed through the use of CalEEMod model. The operating emissions were based on year 2019, which is the worst-case anticipated opening year for the project. The summer and winter emissions created by the proposed project’s long-term operations were calculated and are summarized in Table 4. Based on trip generation factors, long-term operational emissions associated with the proposed project, calculated with the CalEEMod model, are shown in Table 4. 4.3.k Packet Pg. 243 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 239 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 256 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 19 Table 4 Regional Significance - Operational Emissions (lbs./day) Table 4 provides the project's operational emissions with mitigation. Table 5 shows that the project does not exceed the corresponding SCAQMD daily emission thresholds. The operational impacts are therefore less than significant. c) Cumulative projects include local development as well as general growth within the project area. However, as with most development, the greatest source of emissions is from mobile sources, which travel well out of the local area. Therefore, from an air quality standpoint, the cumulative analysis would extend beyond any local projects and when wind patterns are considered, would cover an even larger area. Accordingly, the cumulative analysis for the project’s air quality must be generic by nature. The project area is out of attainment for both ozone and PM10 particulate matter. Construction and operation of cumulative projects will further degrade the local air quality, as well as the air quality of the South Coast Air Basin. The greatest cumulative impact on the quality of regional air cell will be the incremental addition of pollutants mainly from increased traffic from residential, commercial, and industrial development and the use of heavy equipment and trucks associated with the construction of these projects. Air quality will be temporarily degraded during construction activities that occur separately or simultaneously. However, in accordance with the SCAQMD methodology, projects that do not exceed the SCAQMD criteria or can be mitigated to less than criteria levels are not significant and do not add to the overall cumulative impact. The project does not exceed any of the thresholds of significance and therefore is considered less than significant. Table 5 Attainment Status d) Sensitive receptors are considered land uses or other types of population groups that are more 4.3.k Packet Pg. 244 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 240 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 257 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 20 sensitive to air pollution than others due to their exposure. Sensitive population groups include children, the elderly, the acutely and chronically ill, and those with cardio-respiratory diseases. For CEQA purposes, a sensitive receptor would be a location where a sensitive individual could remain for 24-hours or longer, such as residencies, hospitals, and schools. The closest existing sensitive receptors (to the site area) are residential land uses located approximately 165 feet to the south of the project site. Future sensitive receptors would be residents living in the senior housing. Since the proposed project does not exceed any pollutant thresholds identified in b) above, it is consistent with the AQMP, and the impact is less than significant. e) Potential sources that may emit odors during construction activities include the application of materials such as asphalt pavement. The objectionable odors that may be produced during the construction process are of short-term in nature and the odor emissions are expected cease upon the drying or hardening of the odor producing materials. Due to the short-term nature and limited amounts of odor producing materials being utilized, with Mitigation Measures AQ-1 to limit emissions from equipment operations to an area of five acers per day and Mitigation Measure AQ- 2, to comply with state construction standards for energy efficiency which also serve to control odors, no significant impact related to odors would occur during construction of the proposed project. Mitigation Measures AQ-1 The project is required during grading to limit the daily disturbance area of 5 acres or less. AQ-2 All building structures shall meet or exceed 2013 Title 24, Part 6 Standards and meet Green Building Code Standards. IV. BIOLOGICAL RESOURCES. Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporate d Less Than Significant Impact No Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 4.3.k Packet Pg. 245 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 241 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 258 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 21 d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Sources: General Biological Assessment Revised, LMG Residential Development, Hemet, CA, Natural Resources Assessment Inc., April 16, 2016. Pre-Construction Biological Survey, KPC Promenade, San Jacinto, CA, Natural Resources Assessment, Inc. August 2017. Results of a Burrowing Owl Focused Survey Conducted for the KPC Promenade, June 15, 2018, Glenn Lukos, Associates, Project, a 23-Acre Property Located in San Jacinto, Riverside County, California San Bernardino Kangaroo Rat (Dipodomys merriami parvus) and Los Angeles Pocket Mouse (Perognathus longimembris brevinasus) Presence/Absence Trapping Studies, KPC Promenade Development, Natural Resources Assessment, Inc. 2017. Determination of Biologically Equivalent or Superior Preservation Plan (DBESP), City of San Jacinto, January 10, 2018, (Revised July 26, 2018). Joint Project Review 17-06-13-01, Regional Conservation Authority, January 24, 2018. Regulatory Setting: Federal Regulations Federal Endangered Species Act of 1973. The Federal Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and subsequent amendments (FESA), provide for the conservation of endangered and threatened species and the habitats on which they depend. The presence of any federally threatened or endangered species on a site generally imposes severe constraints on development; particularly if development would result in a “take” of the species or its habitat. The term “take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in such conduct. Migratory Bird Treaty Act. According to the Migratory Bird Treaty Act (MBTA) administered by the United States Fish and Wildlife Service (USFWS), the removal of active nests, eggs, or nestlings is unlawful. A violation of the MBTA may occur on, but is not limited to, projects that involve clearing or grubbing of migratory bird nest habitat during the nesting season, and demolition or reconstruction where bird nests are present. Particular attention is applied to the nesting season time period due to the heightened presence of eggs or young that are essential to the survival of the species. State Regulations California Environmental Quality Act (CEQA) was adopted by the State in 1970. CEQA established a foundation for environmental review procedures by statutes and guidelines. CEQA is an instrument in ensuring that the environmental impacts associated with local development projects are appropriately assessed and mitigated. 4.3.k Packet Pg. 246 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 242 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 259 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 22 California Endangered Species Act (CESA) California (Fish and Game Code 2050 et seq.) establishes that it is the policy of the State to conserve, protect, restore, and enhance threatened or endangered species and their habitats. CESA requires Lead Agencies to consult with the California Department of Fish and Wildlife (CDFW) during the CEQA process to avoid jeopardy to threatened or endangered species. CESA prohibits any person from taking or attempting to take a species listed as endangered or threatened (Fish and Game Code Section 2080). Section 2080 of the Fish and Game Code provides the permitting structure for CESA that includes provisions for the “take” or a relocation of a State-listed endangered or threatened species or candidate species. Local Regulations The Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) exists to address regional biological resources and habitat sustainability. The MSHCP was conceived, developed, and is being implemented specifically to address the direct, indirect, cumulative, and growth-related effects on covered species resulting from build out of planned land use and infrastructure The MSHCP was developed in 2001 by the County of Riverside in cooperation with State and federal agencies. The MSHCP applies to unincorporated and incorporated Riverside County land, excluding Native American tribal land, west of the crest of the San Jacinto Mountains to the Orange County line. It provides for the conservation of over 160 species and is applies to a total area of approximately 1.25 million acres (approximately 1,997 square miles). It is one of the largest conservation plans in the U.S. The City of San Jacinto is a member agency of the MSHCP. Stephen’s Kangaroo Rat Habitat Conservation Plan (SKRHCP was approved by the USFWS in as a (long-term) plan in March 1996 and is in effect for 30 years. The SKR was placed on the federal endangered species list in September 1988. The SKRHCP establishes a mitigation strategy based on establishment of reserves for the SKR aided by a per-acre mitigation fee levied by Riverside County pursuant to Ordinance No. 663. The City of San Jacinto is a participant in the SKRHCP. City of San Jacinto General Plan outlines several General Plan goals and policies pertaining to biological resources throughout the City. However, most of these policies do not pertain to the proposed Project because of the location and developed nature of the KPC Promenade project. The following policy pertaining to biological resources is provided in the City’s General Plan and is applicable to the proposed Project. Natural Resource Management Policies Policy 1.2: Work closely with the County of Riverside to implement the Multiple Species Habitat Conservation Plan that meets the goal of preservation, but allows for economic development of the community. Analysis Natural Resources Assessment Inc. (NRAI) conducted a series of reports in April 2016 involving the proposed project. A general biological study identified the presence of three USFWS species of concern. These are the burrowing owl, the San Bernardino Kangaroo Rat (SBKR), and the Los Angeles Pocket Mouse, (LAPM). The site also lies within the historic habitat range of the Stephens Kangaroo Rat, (SKR). NRAI conducted a second study in January 2018 to determine the presence/absence, density, and 4.3.k Packet Pg. 247 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 243 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 260 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 23 quality of SBKR and LAPM habitat. The number of species on site was determined to be limited, three SBKR and four LAPM that occupy a total of six to seven acres along the eastern portion of the property. The Regional Conservation Authority, (RCA) has approved a trapping and relocation program to move the species to RCA-owned lands. Potential impacts on the SKR species and habitat are addressed through Riverside County Ordinance 663 by paying an SKR mitigation fee as stipulated in Mitigation Measure BIO-3. During the Burrowing Owl Assessment, NRAI also found that the burrows occupied by two burrowing owls had been artificially destroyed. Glenn Lukos Associates conducted protocol field surveys on May 8 through May 11, 2018. No evidence of burrowing owls were observed. These studies formed the foundation for the City to prepare a DBESP that identified mitigation measures. During this time, A Joint Project Review (JPR) was being processed through the RCA that weighed the habitat characteristics of the project site with the criteria of the MSHCP. The project was determined consistent with Cell Criteria requirements and the MSHCP. Findings of Fact: a), f) The project site is located within the MSHCP Conservation Plan. The site lies within Subunit 3 of Criteria Cell 3098, Upper San Jacinto River/Bautista Creek for the San Jacinto Valley Area Plan. It is adjacent to Criteria cells 3099, 2998, and 3024. The MSHCP Conservation goals state that “Conservation within this Cell Group will contribute to assembly of Proposed Core 5. Conservation within this Cell Group will focus on grasslands habitat. Areas conserved within this Cell Group will be connected to grasslands habitat proposed for conservation in Cell 3098 to the west and 3204 to the south. Conservation within this Cell Group will be approximately 5% of the Cell Group focusing in the southwestern portion of the Cell Group.” As with Cell 3099, the area of preservation seems to be south of the project site. Criteria Cell 2996, to the northeast of the project site, has the same conservation requirements as Criterion Cell 3099. Criterion Cell to the southwest has the following requirements: “Conservation within this Cell will contribute to assembly of Proposed Core 5. Conservation within this Cell will focus on grassland habitat adjacent to the San Jacinto River. Areas conserved within this Cell will be connected to grassland habitat proposed for conservation Cell Group Z to the north and in Cell 3312 to the south. Conservation within this Cell will range from 45%-55% of the Cell focusing on the central portion of the cell.” The proposed project is well south of the central portion of this Cell. Therefore, the development of the property does not appear to substantially affect the conservation of habitat within the Cell occupied by the property; and the development of the property does not substantially affect the conservation of habitat in adjacent cells. No mitigation is required. The following species were confirmed present on the site via field surveys and trapping activities. Burrowing Owl - A borrow with two burrowing owls were found in 2016 near the center of the site. - A subsequent field survey in 2018 revealed that the burrows had been destroyed and no evidence of the burrowing owls were found in subsequent field investigations. - The absence of the burrowing owls precludes the need for mitigation measures to be applied. 4.3.k Packet Pg. 248 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 244 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 261 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 24 San Bernardino Kangaroo Rat - Three San Bernardino Kangaroo Rats, (SBKR), were captured and released during trapping studies. They occupy six to seven acres of land in a narrow strip along the Ramona Expressway. - A Joint Project Review and extensive negotiations with the Regional Conservation Authority and Department of Fish and Wildlife that resulted in a Determination of Biologically Equivalent or Superior Preservation Plan, (DBESP) - Mitigation Measure BIO-1 contains the provisions of the DBESP plan for the SBKR. Los Angeles Pocket Mouse - Four Los Angeles Pocket Mice (LAPM) were captured and released during trapping studies. They occupy 3.7 acres within the same narrow strip as the SBKR. - A Joint Project Review and extensive negotiations with the Regional Conservation Authority and Department of Fish and Wildlife that resulted in a Determination of Biologically Equivalent or Superior Preservation Plan, (DBESP) Mitigation Measure BIO-2 contains the provisions of the DBESP plan for the SBKR. b) Riparian areas are defined by the MSHCP as “lands which contain Habitat dominated by trees, shrubs, persistent emergent, or emergent mosses and lichens, which occur close to or which depend upon soil moisture from a nearby fresh water source; or areas with fresh water flow during a portion of the year.” Field surveys conducted for the General Biological Assessment of January 2018 determined that the project site does not contain any of the characteristics of a riparian area, therefore there is no requirement to protect species associated with these habitats. No mitigation is required c) The Army Corps of Engineers has delegated authority for use of 404 permits to each state. The use of a 404 permit in California is regulated by the State Department Resources Control Board (SWRCB) under Section 401 of the Clean Water Act. The authority in the state is vested in Regional Water Quality Control Boards (RWQCB), in this area it is the Santa Ana Regional Office of the RWQCB. Water may have historically flowed across the project site, but the natural flows was altered years ago by the channeling of the San Jacinto River, the development of agriculture, and the construction of adjacent residential development. There are no waters or wetland habitats that would come under the jurisdiction of the RWQCB. Vernal pools are defined by the MSHCP as “seasonal wetlands that occur in depression areas that have wetlands indicators of all three parameters (soils, vegetation, and hydrology) during the wetter portion of the growing season, but normally lack wetlands indicators during the drier potion of the growing season….” The site was surveyed for vernal pools and associated fairy shrimp habitat. Soils consist of loamy sands, flooding is rare and ponding never occurs. Based on field survey surveys conducted for the General Biological Assessment in January 2018, soil types, and history of the site, vernal pools and fairy shrimp habitat are not expected to be present. No mitigation is required d) Wildlife movement and the fragmentation of wildlife habitat are recognized as important issues that must be considered in assessing impacts to wildlife. Habitat fragmentation is the division or breaking up of larger habitat areas into smaller areas that may or may not be capable of independently sustaining wildlife and plant populations. Wildlife movement, (more properly recognized as species movement), is the temporal movement of species along various types of corridors. Wildlife corridors are especially important for connecting fragmented wildlife habitat areas. With the destruction of burrowing owl burrows, there is no nesting habitat for raptors or 4.3.k Packet Pg. 249 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 245 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 262 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 25 migratory birds on site. The project site is in an area already fragmented and is surrounded by paved roads, residential, and agricultural development. There are few native habitats left in the nearby surrounding areas, and impacts to wildlife movement and habitat fragmentation have already occurred. There will be no additional fragmentation of habitat resulting from the proposed development. No mitigation is required e) The City of San Jacinto is a member agency of the Western Riverside County Multi-Species Habitat Conservation Plan. The project site hosts habitat for three species of concern. These are the burrowing owl, San Bernardino Kangaroo Rat (SBKR), and the Los Angeles Pocket Mouse, (LAPM). The site also lies within the historic habitat of the Stephens Kangaroo Rat. A pair or burrowing owls were observed during the January field survey of the site occupying an abandoned Beechey ground squirrel burrow. In order to comply with the provisions of the MSHCP, the City, with allied agencies, required a series of field assessments and reports to assess on-site habitat conditions and to develop a mitigation plan. A pre-construction survey of burrowing owls was conducted during August 2016. The survey concluded that burrowing owls are no longer occupying the site because their burrows had been artificially destroyed. Glenn Lukos Associates conducted protocol field surveys on May 8 through May 11, 2018. No evidence of burrowing owls was found. The survey protocols have been met and no further mitigation is required for burrowing owls. The project site contains numerous burrows that are occupied by trace habitat for LA Pocket Mouse and the San Bernardino Kangaroo Rat. Known SBKR and LAPM populations exist along the San Jacinto River area. Protocol trapping surveys were conducted in early September 2016. Three SBKR were captured during the survey. Their habitat is identified as a narrow strip along the north end (exhibit shows easterly portion along Ramona Expressway) of the property. One LAPM was trapped during the survey. There is an estimated area of six to seven acres of overlapping SBKR and LAPM habitat along the easterly portion of the site based on trapping and burrow locations. A Joint Project Review was conducted by the Riverside Conservation Authority of Western Riverside County the led to the development of a Determination of Biologically Equivalent or Superior Preservation Plan, (DBESP). The DBESP identified the project site as isolated habitat separated from the San Jacinto River corridor by the Ramona Expressway and its western levee. The nature and scope of the proposed project, when weighed against the needed community benefits derived from the project, ruled out avoidance as an option. Mitigation Measures were recommended by the Regional Conservation Agency (RCA) with consultation with the US Fish and Wildlife Agency and the California Department of Fish and Game. Mitigation Measures BIO-1 and BIO-2 cover the DBESP program to trap and relocate the SBKR and LAPM species to suitable sites. Mitigation Measure BIO-3 requires the payment of fees to acquire habitat for the Stephens Kangaroo Rat as set forth under Riverside County Ordinance No. 663. With implementation of these mitigation measures, the impacts can be mitigated to a level of insignificance. Mitigation Measures: The following measures are required prior to any construction on the project site: 4.3.k Packet Pg. 250 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 246 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 263 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 26 For San Bernardino Kangaroo Rat: BIO-1 SBKR shall be relocated to RCA-owned and managed lands following the below approach. Coordination will occur with the RCA and the wildlife agencies during all stages of the relocation process. 1. A suitable relocation site for SBKR on existing RCA conserved lands has been preliminarily determined (refer to Appendix 2). If it is determined that the property illustrated in Appendix 2 is not viable for relocation, it will be communicated with the RCA and wildlife agencies so that other lands can be located and evaluated. The following detailed standards regarding the characteristics and quality of the relocation site and “relocation site preparation” will be included/performed: a. The relocation site shall be assessed for species suitability, and include suitable vegetation, cover, soils, etc. The relocation site should match as closely as possible (or better) the current habitat conditions found on the project site. b. The relocation site shall be trapped and determined unoccupied by SBKR. If occupied, a different location shall be chosen for relocation in coordination with the RCA and wildlife agencies. c. The relocation site will need to be determined suitable, but any deficiency or factor limiting the presence of SBKR will need to be identified and resolved prior to relocation. For example, if it is determined that weed cover is the likely factor causing absence of the SBKR, weed control would need to be implemented by the applicant’s team just prior to relocation. d. The relocation site shall be adjacent to an area with existing SBKR presence. e. The relocation site must be conserved in perpetuity. 2. Only an approved qualified small mammal expert with experience in small mammal relocation will be contracted to handle the pre-construction on-site trapping, tagging captured individuals, noting specific details regarding distribution and spacing, relocation efforts, and monitoring. 3. Pre-construction trapping efforts will assist in gathering other pertinent details regarding SBKR distribution and thus support the relocation of individuals similar to their existing on-site distribution. 4. The implementation of soft release techniques, such as possible use of hacking cages and installation of temporary artificial burrows, shall be necessary to aid in success of the relocated individuals. 5. The applicant shall coordinate with RCA regarding the following: a. Funding of RCA’s long-term maintenance (e.g., weed control) of the relocation site. b. Funding to RCA to support long-term monitoring of the relocated SBKR. 6. The project proponent shall commit to prepare a detailed “Small Mammal Relocation Site Preparation, Trapping, and Relocation Plan”, and that it will include, at a minimum, the information presented above as well as provide 4.3.k Packet Pg. 251 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 247 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 264 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 27 additional specific actions as they become known in coordination with RCA and the Wildlife Agencies. The Plan will be approved by the RCA and wildlife agencies prior to relocation efforts. 7. If additional or alternate form(s) of mitigation to what is presented above for SBKR, is deemed necessary and approved by the RCA and wildlife agencies, at the completion of the mitigation a DBESP Addendum Letter will be provided to the RCA and wildlife agencies as part of the administrative record for the project. Los Angeles Pocket Mouse BIO-2 Mitigation for 3.7 acres of permanent impacts to LAPM will be in the form of a fee payment at $14k/acre provided to the RCA for Geller #2 Phase 3 conservation land. Geller #2 Phase 3 is a 40-acre parcel (APN 583-180-001) on upper Temecula Creek occupied by LAPM. If additional or alternate form(s) of mitigation to what is presented here for LAPM is deemed necessary and approved by the RCA and wildlife agencies, at the completion of the mitigation a DBESP Addendum Letter will be provided to the RCA and wildlife agencies as part of the administrative record for the project. For Stephens Kangaroo Rat: BIO-3 The project is required to pay the Stephens Kangaroo Rat fee required under the Long-Term Stephens Kangaroo Rat Habitat Conservation Plan. V. CULTURAL RESOURCES. Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporate d Less Than Significant Impact No Impact a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? e) Cause a substantial adverse change in the significance of a Tribal Cultural Resource as defined in Public Resources Code §21074 4.3.k Packet Pg. 252 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 248 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 265 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 28 Source: Phase 1 Cultural Resource and Paleontological Assessment for the KPC Promenade Project, Scientific Resource Surveys, April 28, 2016 Findings of Fact: a) Historic resources; The project site has been used for agricultural purposes since the late 19th Century through at least 1940. Potential historic resources include a standing water tank, ruins of a pump house, and the molding from an old tractor. The property lacks any significant built resources and has a long history of being used as dry farmland. Prior to the survey, a records search identified the property as containing an historic trash deposit, (CA-RIV-3971). The lack of historic debris located during the field survey on February 26, 2016 suggests that the site previously documented may have been farther away from the property than previously thought, or the debris has since been covered up from siltation, or, more likely, the site was destroyed when the Ramona Expressway was realigned. The remnant resources on the site have no association to any historic events or people. They do not possess any distinctive architecture. They are not associated with local history. For these reasons, as cited in the Cultural Resource and Paleontological Assessment report, these resources do not qualify as significant historic resources. Therefore no mitigation is required. Mitigation Measure CR-1 requires monitoring of grading that will identify any subsurface resources. b), d) Archaeology. A records search was conducted at the eastern Information Center of UC Riverside that identified 35 cultural resources recorded within one mile of the project area. This included a historic trash deposit that had been recorded on a portion of the site during the 1980s. Further attempts to locate this deposit were unsuccessful A Sacred Lands File record search was conducted by the Native American Heritage Commission (NAHC) that did not identify and sacred lands within one mile of the project site. SRS contacted twenty individuals representing nearby Native groups and received a reply from the Soboba Band of Luiseno Indians requesting formal consultation and to be included in the field survey for this cultural analysis. The field survey was conducted on February 26, 2016. The field survey revealed no known significant cultural resources on the project site. A water tank, ruins of a pump house, and the molding of a mid-century tractor are currently on the property. These do not qualify as significant under National and State criteria, and therefore are not significant resources under the CEQA guidelines. The project site is located within 70 meters of a riverbed (San Jacinto River). Since water ways can transport cultural materials downstream or bury surface remains in sediment, the presence of the river yields a high risk of encountering subterranean remains. All known significant cultural resources within a mile of the project site lie outside of the project’s view shed and therefore no impact is identified upon neighboring resources. No cultural resources are known to exist within the project site. However, the field survey was limited to surface evaluation and the presence of subsurface cultural resources is not known and possibly likely to contain cultural materials based on the proximity to the river. Therefore, Mitigation Measures CR-1 and CR-2 are included to have monitoring during grading activities by a qualified archaeologist. Further mitigation measures are recommended in the event that cultural resources are discovered. c) Paleontology. A paleontological records search was requested through the natural History Museum of Los Angeles County. The Museum reported that the project area as surficial deposits of Quaternary Alluvium underlain by older Quaternary deposits. The older Quaternary deposits may yield significant paleontological finds, however, the Alluvium would not. 4.3.k Packet Pg. 253 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 249 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 266 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 29 No paleontological resources are known to exist in the project area. Mitigation Measures CR-5 and CR-6 require a paleontological disposition plan and monitoring by a qualified paleontologist are required if ground disturbing activities are deemed to extend down to the Pleistocene sediments. If paleontological resources are discovered, all work in the vicinity of the find should stop until the qualified paleontologist can assess the find and make recommendations. e) SB18 went into effect in 2006 to allow designated Tribes in vicinity of a development proposal to review the proposed development and seek consultation with the Lead Agency on ways to protect sacred resources. The designated Tribes were contacted on August 22, 2016 to commence 90-day consultation period extending to November 22, 2016. The Soboba Tribe of Luiseno Indians requested consultation, which occurred on December 8, 2016. The SB 18 consultation process closed on December 13, 2016. AB 52, which went into effect on July 1, 2015 requires a lead agency to consider a project’s impacts on Tribal Cultural Resources (TCRs). TCRs as defined in Public Resources Code. Under AB 52, the CEQA Lead Agency is required to begin consultation with a California Native American Tribe that is traditionally and culturally affiliated with the geographic area of the proposed project. Tribal consultation can be initiated once a project application is deemed complete. Once the Lead Agency has contacted necessary tribal governments, tribes have 30 days to respond with comments or request consultation. “Consultation” is the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties' cultural values and, where feasible, seeking agreement. Consultation between government agencies and Native American tribes shall be conducted in a way that is mutually respectful of each party's sovereignty. Consultation shall also recognize the tribes' potential needs for confidentiality with respect to places that have traditional tribal cultural significance. Consultation concludes when either: the parties agree on measures to mitigate or avoid significant impacts to TCRs or a party, in good faith and after reasonable effort, concludes that a mutual agreement cannot be reached. The City of San Jacinto contacted the Tribes who had sought notification under AB 52 on August 22, 2016. The City received a formal request from the Soboba Band of Luiseno Indians to initiate consultation on this project. Consultation occurred on December 8, 2016 with Mr. Joseph Ontiveros, Cultural Resource Director for the Soboba Tribe. Mr. Ontiveros had been provided a copy of the cultural resource report prepared by Scientific Resource Surveys. Based on this report and the subsequent consultation meeting, no further study is required and the AB 52 process was closed out on December 13, 2016. Mitigation Measures: Cultural Resources CR-1 Prior to grading permit issuance, the developer shall retain a qualified archaeologist and a Native American Monitor to prepare an Archaeological Mitigation and Monitoring Plan (AMMP). The AMMP shall include the monitoring of all ground disturbing activities and shall include protocol for the mitigation and significance testing of inadvertent archaeological finds. CR-2 In the event that any archaeological material is encountered during the monitoring, the archaeologist and Native American Monitor shall have the authority to halt and redirect earthmoving activities within 50-feet of the find, so that appropriate mitigation measures can be undertaken in order to test and evaluate the significance of the find in accordance with MM CR-1. 4.3.k Packet Pg. 254 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 250 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 267 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 30 CR 3 Prior to grading permit issuance the developer shall enter into a Treatment and Disposition Agreement (TDA) with the Soboba Band of Luiseño Indians to address treatment and disposition of archaeological/cultural resources and human remains associated with Soboba Band of Luiseño Indians that may be uncovered or otherwise discovered during ground disturbing activities related to the project. The TDA may establish provisions for tribal monitors. CR 4 In the event of the discovery of human remains, the County coroner shall be immediately notified. If human remains of Native American origin are discovered during ground-disturbing activities, the applicant shall comply with the state relating to the disposition of Native American burials that fall within the jurisdiction of the NAHC (PRC Section 5097). According to California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100), and disturbance of Native American cemeteries is a felony (Section 7052). Section 7050.5 requires that excavation be stopped in the vicinity of discovered human remains until the coroner can determine whether the remains are those of a Native American. If the remains are determined to be Native American, the California Native American Heritage Commission and the Soboba Band of Luiseño Indians shall be notified and appropriate measures provided by State law shall be implemented to determine the most likely living descendant(s). Disposition of the remains shall be overseen by the most likely living descendants to determine the most appropriate means of treating the human remains and any associated grave artifacts. Mitigation Measures: Paleontological Resources CR-5 A Paleontological Resource Monitoring Program (PRMP) shall be designed for project construction. The PRMP shall include a protocol for monitoring of excavations having the potential to disturb Pleistocene sediments, testing of sediments for micro vertebrate fossils, preparation and curation of specimens collected, and preparation of a final report in accordance with the guidelines of Society Vertebrate Paleontology CR-6 If paleontological resources are encountered during grading, ground disturbance activities shall cease so a qualified paleontological monitor can evaluate any paleontological resources exposed during the grading activity. If paleontological resources are encountered, adequate funding shall be provided by the developer to collect, curate and report on these resources to ensure the values inherent in the resources are adequately characterized and preserved. If any specimens are collected, the Western Science Center in Hemet shall be contacted for proper curation. VI. GEOLOGY AND SOILS. Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporate d Less Than Significant Impact No Impact a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special 4.3.k Packet Pg. 255 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 251 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 268 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 31 Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18 1 B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Source: Geotechnical Investigation, Proposed Commercial Complex, KPC Promenade, NWC West Ramona Expressway and Main Street, San Jacinto, CA Regulatory Setting The State Geologist compiles maps identifying seismic hazard zones. Local jurisdictions that contain such zones must inform the public regarding the location of these zones. The nearest fault is the San Jacinto Valley fault located approximately 2.1 km from the project site. Findings of Fact A. i) Surface rupture is expected to occur along pre-existing known active fault traces. Surface rupture could splay or step from known active faults or rupture along unidentified traces. No signs of active surface faulting were observed during the field exploration of the project site. No signs of active surface rupture or secondary seismic effects were identified on the property. Therefore, risks associated with primary ground surface rupture are considered less than significant. No mitigation is required. A.ii) The site has been subject to past ground shaking from faults that traverse through the region. Strong ground shaking events can be expected during the life of the project. Based on calculations from the USGS Interactive Deaggregation, and shear wave velocity, the site could be subject to ground motions in the order of 0.63 g. The peak ground acceleration at the site is judged to occur every 475 years and a 10% chance to exceed in 50 years. Therefore, the impact is considered less 4.3.k Packet Pg. 256 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 252 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 269 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 32 than significant. A. iii) Liquefaction is the process in which loose, saturated granular soil loses strength. The strength loss is a result of decrease in granular soil volume and a positive increase in core pressure. The project area is situated in a ‘moderate’ liquefaction potential zone. Because groundwater is normally in excess of 100 feet deep in the area, hazards resulting from liquefaction are considered ‘negligible’. No impact is expected. A.iv) The site consists of relatively level ground and is not immediately adjacent to any natural slopes of hillsides that could be potentially susceptible to slope instability. No signs of slope instability were observed at or near the project site. Therefore, risks associated with slope instab ility and landslides is considered less than significant. No mitigation is required. b) There are no tributary drainage patterns impacting the project area. The existing campus is fully developed with surface drainage systems in place to control erosion. The proposed expansion will tie into the existing system, leaving no area exposed by surface soils. The impact is less than significant and no mitigation is required. c) Existing and future development of the campus must follow the recommendations of a consulting geotechnical engineer for soil over excavation and recompaction of future building and foundation areas. Adherence to these recommendations will reduce the impact to a level of insignificance. d) Soil samples were collected for expansion index testing and were found to have very low expansion potential. Therefore, the risk is considered low and the impact is less than significant. e) The proposed project will be connected to a sanitary sewer system. No mitigation is required. VII. GREENHOUSE GAS EMISSIONS. Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporate d Less Than Significant Impact No Impact a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emission of greenhouse gases? Source: KPC Promenade Air Quality and Greenhouse Gas Impact Study, MD Acoustics, August 11, 2016 Regulatory Setting Many countries around the globe have made an effort to reduce GHGs since climate change is a global issue. 4.3.k Packet Pg. 257 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 253 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 270 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 33 Intergovernmental Panel on Climate Change. In 1988, the United Nations and the World Meteorological Organization established the Intergovernmental Panel on Climate Change to assess the scientific, technical and socio-economic information relevant to understanding the scientific basis of risk of human-induced climate change, its potential impacts, and options for adaptation and mitigation. United Nations. The United States participates in the United Nations Framework Convention on Climate Change (UNFCCC) (signed on March 21, 1994). Under the Convention, governments gather and share information on greenhouse gas emissions, national policies, and best practices; launch national strategies for addressing greenhouse gas emissions and adapting to expected impacts, including the provision of financial and technological support to developing countries; and cooperate in preparing for adaptation to the impacts of climate change. Kyoto Protocol. The Kyoto Protocol is a treaty made under the UNFCCC and was the first international agreement to regulate GHG emissions. It has been estimated that if the commitments outlined in the Kyoto Protocol are met, global GHG emissions could be reduced by an estimated 5 percent from 1990 levels during the first commitment period of 2008 – 2012 (UNFCCC 1997). On December 8, 2012, the Doha Amendment to the Kyoto Protocol was adopted. The amendment includes: New commitments for Annex I Parties to the Kyoto Protocol who agreed to take on commitments in a second commitment period from 2013 – 2020; a revised list of greenhouse gases (GHG) to be reported on by Parties in the second commitment period; and Amendments to several articles of the Kyoto Protocol which specifically referenced issues pertaining to the first commitment period and which needed to be updated for the second commitment period. National programs include the following: Greenhouse Gas Endangerment. On December 2, 2009, the EPA announced that GHGs threaten the public health and welfare of the American people. The EPA also states that GHG emissions from on road vehicles contribute to that threat. The decision was based on Massachusetts v. EPA (Supreme Court Case 05-1120) which argued that GHGs are air pollutants covered by the Clean Air Act and that the EPA has authority to regulate those emissions. Clean Vehicles. Congress first passed the Corporate Average Fuel Economy law in 1975 to increase the fuel economy of cars and light duty trucks. The law has become more stringent over time. On May 19, 2009, President Obama put in motion a new national policy to increase fuel economy for all new cars and trucks sold in the United States. On April 1, 2010, the EPA and the Department of Transportation’s National Highway Safety Administration announced a joint final rule establishing a national program that would reduce greenhouse gas emissions and improve fuel economy for new cars and trucks sold in the United States. Mandatory Reporting of Greenhouse Gases. On January 1, 2010, the EPA started requiring large emitters of heat-trapping emissions to begin collecting GHG data under a new reporting system. Under the rule, suppliers of fossil fuels or industrial greenhouse gases, manufacturers of vehicles and engines, and facilities that emit 25,000 metric tons or more per year of greenhouse gas emissions are required to submit annual reports to the EPA. Climate Adaption Plan. The EPA Plan identifies priority actions the Agency will take to incorporate considerations of climate change into its programs, policies, rules and operations to ensure they are effective under future climatic conditions. The Plan reflects input received from States, Tribes and municipal and county officials during development, as well as comments received during a formal Tribal consultation process and a 60 day public comment period during the Winter of 2013. California state program include the following: 4.3.k Packet Pg. 258 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 254 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 271 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 34 California Code of Regulations (CCR) Title 24, Part 6. CCR Title 24, Part 6: California’s Energy Efficiency Standards for Residential and Nonresidential Buildings (Title 24) were first established in 1978 in response to a legislative mandate to reduce California’s energy consumption. The standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods. Although it was not originally intended to reduce GHG emissions, electricity production by fossil fuels results in GHG emissions and energy efficient buildings require less electricity. Therefore, increased energy efficiency results in decreased GHG emissions. The Energy Commission adopted 2008 Standards on April 23, 2008 and Building Standards Commission. California Code of Regulations (CCR) Title 24, Part 11. All buildings for which an application for a building permit is submitted on or after January 1, 2014 must follow the 2013 standards. The 2013 commercial standards are estimated to be 30 percent more efficient than the 2008 standards; residential standards are 25 percent more efficient. Energy efficient buildings require less electricity; therefore, increased energy efficiency reduces fossil fuel consumption and decreases greenhouse gas emissions. California Green Building Standards. On January 12, 2010, the State Building Standards Commission unanimously adopted updates to the California Green Building Standards Code, which went into effect on January 1, 2011. The Code is a comprehensive and uniform regulatory code for all residential, commercial and school buildings. CCR Title 24, Part 11: California Green Building Standards (Title 24) became effective in 2001 in response to continued efforts to reduce GHG emissions associated with energy consumption. CCR Title 24, Part 11 now require that new buildings reduce water consumption, employ building commissioning to increase building system efficiencies, divert construction waste from landfills, and install low pollutant-emitting finish materials. In addition to these programs, the California Governor has signed Executive Orders S-3-05, S-1-07, S-13-08, and B-29-15, B-30-15, and B-37-15 to establish targets for reductions in GHG emissions. The California Legislature as passed SB 97, AB 32, SB 375, AB 939, SB 1374 setting emission reduction targets. Most recently, The California Legislature has passed AB 398 (California Global Warming Solutions Act of 2006: market-based compliance mechanisms) extended the use of the cap-and-trade program for the 2021-2030 period. The bill specifies modifications of the program’s “cost containment” structure and directing CARB to “[e]valuate and address concerns related to over allocation in [ARB’s] determination of the allowances available for years 2021 to 2030.” The provision of this bill are under review by agencies and organizations working to calculate methods to meet the bill’s provisions. The Project is within the South Coast Air Basin, which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). SCAQMD Regulation XXVII currently includes three rules: The purpose of Rule 2700 is to define terms and post global warming potentials. The purpose of Rule 2701, SoCal Climate Solutions Exchange, is to establish a voluntary program to encourage, quantify, and certify voluntary, high quality certified greenhouse gas emission reductions in the SCAQMD. Rule 2702, Greenhouse Gas Reduction Program, was adopted on February 6, 2009. The purpose of this rule is to create a Greenhouse Gas Reduction Program for greenhouse gas emission reductions in the SCAQMD. The SCAQMD has established recommended significance thresholds for greenhouse gases for local lead agency consideration (“SCAQMD draft local agency threshold”). SCAQMD has published a five-tiered draft GHG threshold which includes a 10,000 metric ton of CO2e per year for stationary/industrial sources and 3,000 metric tons of CO2e per year significance threshold for residential/commercial projects (South Coast Air Quality Management District 2010c). Tier 3 is 4.3.k Packet Pg. 259 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 255 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 272 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 35 anticipated to be the primary tier by which the SCAQMD will determine significance for projects. The Tier 3 screening level for stationary sources is based on an emission capture rate of 90 percent for all new or modified projects. A 90-precent emission capture rate means that 90 percent of total emissions from all new or modified stationary source projects would be subject to CEQA analysis. The 90-percent capture rate GHG significance screening level in Tier 3 for stationary sources was derived using the SCAQMD’s annual Emissions Reporting Program. The current draft thresholds consist of the following tiered approach: Tier 1 consists of evaluating whether or not the project qualifies for any applicable exemption under CEQA. Tier 2 consists of determining whether or not the project is consistent with a greenhouse gas reduction plan. If a project is consistent with a qualifying local greenhouse gas reduction plan, it does not have significant greenhouse gas emissions. Tier 3 consists of screening values, which the lead agency can choose but must be consistent. A project’s construction emissions are averaged over 30 years and are added to a project’s operational emissions. If a project’s emissions are under one of the following screening thresholds, then the project is less than significant: - All land use types: 3,000 MTCO2e per year - Based on land use types: residential is 3,500 MTCO2e per year; commercial is 1,400 MTCO2e per year; and mixed use is 3,000 MTCO2e per year Tier 4 has the following options: - Option 1: Reduce emissions from business as usual by a certain percentage; this percentage is currently undefined - Option 2: Early implementation of applicable AB 32 Scoping Plan measures - Option 3: Year 2020 target for service populations (SP), which includes residents and employees: 4.8 MTCO2e/SP/year for projects and 6.6 MTCO2e/SP/year for plans; - Option 3, 2035 target: 3.0 MTCO2e/SP/year for projects and 4.1 MTCO2e/SP/year for plans Tier 5 involves mitigation offsets to achieve target significance threshold. The City uses a screening threshold of 3,000 MTCO2e per year for mixed use. The project meets a combined screening threshold of 5476 MTCO2e per year. Since the screening threshold is met, there are three options to comply as outlined below. The first is to reduce by a ‘business as usual’ (BAU) percentage, but per SCAQMD this percentage is not defined. Therefore, a second option of service population is used. The service population is not defined. The selected option is Option 3 to demonstrate consistency with applicable AB 32 Scoping Plan measures as shown in Table 6. Table 6 Consistency with Applicable SCAG RTP/SCS GHG Emission Reduction Strategies Reduction Strategy Project Con Land Use Actions and Strategies Reflect the changing population and demandses Reflect the changing population and demands The SCAG Region currently features 5.9 million The SCAG Region currently features 5.9 million households and 7.4 million jobs. By 2040 the Plan projects that these figures will increase by 3.8 million people, with 1.5 million more homes and 2.4 million more jobs. The 2016 RTP/SCS land use pattern contains sufficient residential capacity to accommodate the region’s future growth, including the eight‐year regional housing need. The land use pattern accommodates about 530,000 additional households in the SCAG region Consistent The proposed project would increase population and employment in the region planning for the increase in commercial and residential development. The Project would also improve the job‐housing balance by accommodating new employees 4.3.k Packet Pg. 260 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 256 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 273 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 36 by 2020 and 1.5 million more households by 2040. The land use pattern also encourages improvement in the jobs‐housing balance by accommodating 1.1 million more jobs by 2020 and about 2.4 million more jobs by 2040. Focus new growth around transit The 2016 RTP/SCS land use pattern reinforces the trend of focusing growth in the region’s High Quality Transit Areas (HQTAs). Concentrating housing and employment at a major transit location concentrates roadway repair investments, leverages transit and active transportation investments, reduces regional life cycle infrastructure costs, improves accessibility, avoids greenfield development, and has the potential to improve public health and housing affordability. HQTAs provide households with alternative modes of transport that can reduce VMT and GHG emissions. Consistent The proposed project would establish a plan for the area that would include a mix of land uses including residential and commercial that would capitalize on the area’s current land use, transportation, and infrastructure opportunities. Furthermore, bus lines operated by Riverside Transit Agency (RTA) run through the project area. This would incentivize modes of transport that reduce both VMT and GHG emissions Plan for growth around livable corridors The Livable Corridors strategy seeks to create neighborhood retail nodes that would be walking and biking destinations by integrating three different planning components: 1. Transit improvements 2. Active transportation improvements (i.e. improved safety for walking and biking) 3. Land use policies that include the development of mixed‐use retail centers at key nodes and better integrate different types of ritual uses. Consistent The proposed project is located in an urban area and includes commercial, residential, and institutional uses. Bus service is available to the project site. The proposed project integrates senior residential uses with commercial uses to reduce vehicle travel. Therefore, there would be public access to retail commercial and residential uses. As such, commercial patrons would have accessibility to public transit. The proposed project would also enhance pedestrian function at the site and in the vicinity and create a stronger connection with mobility options. Provide more options for short trips 38 percent of all trips in the SCAG region are less than three miles. The 2016 RTP/SCS provides two strategies to promote the use of active transport for short trips. Neighborhood Mobility Areas are meant to reduce short trips in a suburban setting, while “complete communities” support the creation of mixed‐use districts in strategic growth areas and are applicable to an urban setting. Consistent The proposed project would involve development of a complementary mix of land uses including residential and commercial development that would capitalize on the area’s current land use, transportation, and infrastructure opportunities, including the bus routes that currently traverse the area. Bicycle racks and lockers are provided within the commercial development. As such, alternative means of transportation (i.e. biking, walking, and public transportation) would be available for accessibility throughout the area Protect natural farm lands Many natural and agricultural land areas near the edge of existing urbanized areas do not have plans for conservation and they are susceptible to the pressures of development. Many of these lands, such as riparian areas, have high per‐acre habitat values and are host to some of the most diverse yet vulnerable species that play an important role in the overall ecosystem Consistent Although the proposed project would convert Unique Farmland to urban development, a Riot-to-Farm covenant is required to protect adjoining lands zoned for farming. The proposed project also supports three species of concern; the San Bernardino Kangaroo Rat, the Los Angeles Pocket Mouse, and the Stephens Kangaroo Rat. A mitigation plan is in place that involves trapping, relocations, and endowing the receiver site for ongoing maintenance, as well as paying mitigation fees for the Stephens Kangaroo Rat. Support local sustainability planning To implement the SCS, SCAG supports local planning practices that help lead to a reduction of greenhouse gas emissions. Many local governments in the SCAG region serve as models for implementing the SCS. Sustainable Planning & Design, Zoning Codes and Climate Action Plans are three methods that local agencies have been adopting and implementing to help meet the regional targets for greenhouse gas emission reductions outlined in the SCS. Consistent The proposed project is designed to encourage new development near transit and reduce GHG emission. Additionally, the project would promote infill development of currently vacant parcels focusing on dense development thus reducing vehicle trips in the area. Transportation Strategies Preserve our existing transit system Consistent 4.3.k Packet Pg. 261 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 257 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 274 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 37 Ensuring that the existing transportation system is operating efficiently is critical for the success of HQTAs, Livable Corridors, and other land use strategies outlined in the 2016 RTP/SCS. The proposed project is located in an area surrounded by existing development. The project would focus on infill development at existing transit roadways. The proposed project is conditioned to support future regional transportation and transit planning objectives through constructing intersection upgrades and the payment of TUMF. Manage Congestion Federal regulations for Metropolitan Transportation Planning and Programming require the development, establishment and implementation of a CMP that is fully integrated into the regional planning process. The Federal Highway Administration (FHWA) defines the CMP as a “systematic approach . . . that provides for effective management and operation, based on a cooperatively developed and implemented metropolitan‐wide strategy, of new and existing transportation facilities eligible for funding under title 23 U.S.C. and title 49 U.S.C., through the use of operational management strategies.” Consistent The proposed project is a mixed use development that provides the opportunity for people to utilize transit or walk instead of their personal vehicles. Additionally, the project is designed to facilitate a variety of transportation choices and take advantage of the potential multi‐modal transportation opportunities. Promote safety and security Ensuring the safety and security of our transportation network for residents and visitors is a top priority. SCAG supports the implementation of the Strategic Highway Safety Plan (SHSP), which has an overarching goal of Toward Zero Deaths. The state’s short‐term goals are to reduce the number and rate of fatalities by three percent per year and to reduce the number and rate of severe injuries by 1.5 percent per year. SCAG is continuing to work with Caltrans and the CTCs toward identifying other means of improving the safety and security of our transportation system. Consistent The proposed project includes conditions for a number of intersection improvements to enhance safety and security of the local street system. The project is also conditioned to pay TUMF fees for development of the Hwy 79 system upgrade. Transit integration Develop first‐mile/last‐mile strategies on a local level to provide an incentive for making trips by transit, bicycling, walking, or neighborhood electric vehicle or other ZEV options. Consistent Bus routes currently operate through the project area. The proposed project features a mixed is residential and commercial uses that serve to incentivize greater use of alternative transportation to access public transit for new development. Other Initiatives Reduce emissions resulting from a project through implementation of project features, project design, or other measures. Incorporate design measures to reduce energy consumption and increase use of renewable energy. Consistent Buildout within proposed project would comply with CalGreen Building Standards, which include measures to reduce emissions. The project would also comply with SCAQMD Rule 1113 that limits ROGs from building architectural coatings to 50 g/L. Finally, the Specific Plan would promote sustainable principles in design and development. City of San Jacinto local authority includes the following: City is responsible for the assessment and mitigation of air emissions resulting from its land use decisions. The City is also responsible for the implementation of transportation control measures as outlined in the 2007 AQMP and 2012 AQMP The City of San Jacinto 2006 Resource Management Element in the General Plan, contains the following air quality-related goals and policies that are applicable to the proposed project: Goal: Resource Management Goal 6: Improve air quality. Policy 6.1: Cooperate with the South Coast Air Quality Management District, Southern California Association of Governments, and the Western Riverside Council of Governments in their efforts to 4.3.k Packet Pg. 262 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 258 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 275 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 38 implement the regional Air Quality Management Plan. Policy 6.2: Cooperate and participate in regional air quality management planning, programs, and enforcement measures. Policy 6.3: Achieve a greater balance between jobs and housing in San Jacinto. Policy 6.4: Promote the growth of clean industry as a method of managing and improving air quality. Policy 6.5: Promote energy conservation and recycling by the public and private sectors. Policy 6.6: Encourage alternative modes of transportation to reduce vehicular emissions and improve air quality. Policy 6.7: Encourage pedestrian scale development and pedestrian friendly access to reduce vehicle emissions. Policy 6.8: In appropriate areas, allow mixed use development that combines housing, employment, and retail activities on one site. Policy 6.9: Concentrate higher density development at transportation nodes and areas served by a well- developed vehicular network. Policy 6.10: Support sustainable development patterns and green building standards that reduce energy use. The City is presently processing the Downtown Specific Plan funded through a Healthy Communities Sustainability Grant that will promote energy conservation through healthy lifestyles. This includes provisions to establish mobility, and mass transit. Findings of Fact: a) The greenhouse gas emissions from project construction equipment and worker vehicles are shown in Table 7. The emissions are from all phases of construction. The total construction emissions amortized over a period of 30 years are estimated at 52 metric tons of CO2e per year. Table 7 Construction Greenhouse Gas Operational emissions occur over the life of the project. The project's emissions were initially compared to the SCAQMD draft threshold and WRCOG Subregional Climate Action Plan (CAP) screening threshold of 3,000 metric tons CO2e per year. If the project exceeds the screening threshold, the project's year 2010 Baseline emissions would be compared to the project's year 2020 emissions per the WRCOG CAP requirements. As shown in Table 8 the proposed project would generate a total of 5,476.16 MTCO2e per year. As the opening year GHG emissions exceed the screening threshold, the project’s 2010 Baseline emissions were compared to the project’s 2020 emissions, per the WRCOG CAP requirements. The 4.3.k Packet Pg. 263 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 259 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 276 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 39 year 2020 emissions (incorporating regulation) would be 5,339.24 MTCO2e per year, which would generate a reduction from baseline emissions of 17.0 percent, as shown in Table 9. The reduction threshold required by the WRCOG CAP is 15 percent from 2010 Baseline emissions. Therefore, with incorporation of regulations, the proposed project would meet the WRCOG CAP reduction requirement, and result in a less than significant individual and cumulative impact for GHG emissions. No mitigation is required. Table 8 Opening Year Project-Related Greenhouse Gas Emissions b) The City of San Jacinto is participating the WRCOG Subregional CAP. The specific goals and actions included in the WRCOG Subregional CAP that are applicable to the proposed project include those pertaining to energy and water use reduction, promotion of green building measures, waste reduction, and reduction in vehicle miles traveled. The proposed project would also be required to include all mandatory green building measures for new commercial developments under the CALGreen Code, which would require that new buildings reduce water consumption, employ building commissioning to increase building system efficiencies, divert construction waste from landfills, and install low pollutant emitting finish materials. The implementation of these stricter building and appliance standards would result in water, energy, and construction waste reductions this producing a ‘mitigated’ condition for the proposed project. Since the proposed project meets the WRCOG Subregional CAP, the impact is less than significant and no mitigation is required. 4.3.k Packet Pg. 264 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 260 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 277 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 40 Table 9 Mitigated Project-Related Greenhouse Gas Emissions 2020 VIII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporate d Less Than Significant Impact No Impact a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project 4.3.k Packet Pg. 265 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 261 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 278 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 41 area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Source: Site Plan and San Jacinto General Plan EIR, site plan, mapquest, http://www.envirostor.dtsc.ca.gov Findings of Fact: a-b) Other than the proposed service station and car wash, which generate detergents, oils, and chemical residues from vehicles, the nature of the proposed commercial and residential uses would not involve the transport, use, or disposal of hazardous waste, or cause a risk of upset. The proposed medical center does have the potential to handle hazardous medical waste. The City relies on the assistance of the Fire Department for Fire Code compliance, the County’s Department of Environmental Health for underground fuel storage tank permitting, and law enforcement, (San Jacinto Police and Highway Patrol) for transport enforcement. This potential impact will be addressed through licensing protocols to operate the facility. No mitigation is required. c) The North Mountain Middle School is the nearest school to the subject site. It is located over one- quarter mile from the subject site. Since no hazardous emissions are identified with the proposed uses, no impact is anticipated. d) There are no hazardous waste site identified on or near the project site. Therefore, there is no impact and no mitigation is required. e), f) The project site is not located within two miles of any public or private airport facility. Therefore, there is no impact and no mitigation is required. g) The proposed project will cause the development of vacant land for convenience and destination commercial uses, thus adding vehicle trips to the transportation system. Implementation of the mitigation measures of the traffic analysis will maintain operational level of service and avoid interference with emergency evacuation and response events. The impact is less than significant with implementation of Traffic Mitigation Measures T-1 through T-4. h) The project site does not lie within a wildland fire area in Figure 5.7-1 in the San Jacinto General Plan EIR. Therefore, there is no impact and no mitigation is required. 4.3.k Packet Pg. 266 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 262 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 279 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 42 IX. HYDROLOGY AND WATER QUALITY. Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporate d Less Than Significant Impact No Impact a) During project construction, will it create or contribute Urban Runoff that would violate any water quality standards or waste discharge requirements, including the terms of the City’s municipal separate stormwater sewer system permit? For purposes of Section VIII, “Urban Runoff” is defined as stormwater and non- stormwater discharges from residential, commercial, industrial, and construction areas. “Urban Runoff” does not include discharges from feedlots, dairies, farms, or open space. b) After the project is completed, will it create or contribute Urban Runoff that would violate any water quality standards or waste discharge requirements, including the terms of the City’s municipal separate stormwater sewer system permit? c) Provide for the discharge of substantial additional sources of pollutants into Urban Runoff, including pollutants discharged from delivery areas; loading docks; other areas where materials are stored, vehicles or equipment are fueled or maintained, waste is handled, or hazardous materials are handled or delivered; other outdoor work areas; or other sources? d) Discharge pollutants in Urban Runoff so that one or more Beneficial Uses of receiving waters are adversely affected? “Beneficial Uses” include all uses of water necessary for the survival or well- being of man, plants and wildlife. e) Discharge stormwater so that significant harm is caused to the biological integrity of waterways or water bodies? f) Violate any water quality standards or waste discharge requirements? g) 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 4.3.k Packet Pg. 267 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 263 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 280 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 43 table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? h) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? i) Significantly increase erosion, either on or off-site? j) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? k) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems? l) Significantly alter the flow velocity or volume of stormwater runoff in a manner that results in environmental harm? m) Otherwise substantially degrade water quality? n) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? o) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? p) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? q) Expose people or structures to inundation by seiche, tsunami, or mudflow? Source: San Jacinto General Plan EIR a) The project site drains to the San Jacinto River which is part of the Santa Ana Watershed administered by the Santa Ana Regional Water Quality Control Board. Permitting through this 4.3.k Packet Pg. 268 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 264 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 281 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 44 agency require pollution prevention measures to control migration of pollutants that may include trash/debris, pesticides, oil and grease, bacteria and viruses. A Preliminary Water Quality Plan (WQMP) has been prepared that must be followed to prevent contaminated storm water runoff from the site. As required by the WQMP, a retention basins has been designed along the northern project boundary adjoining the senior housing development. A Final WQMP will be required for City review and approval prior to the issuance of any grading permits. Mitigation HYD-1 requires the preparation of a storm water pollution prevention plan incorporating best management practices (BMPs) to ensure that water quality impacts are minimized. These BMPs may include silt fencing, sand bagging, and soil covering. The storm water pollution prevention plan shall be subject to the review and approval of the WQCB and the City. With implementation of project BMPs under an approved WQMP, Mitigation Measure HYD-1, the impact is less than significant. b) Proposed development will increase the imperviousness of the project site. Despite the decrease in permeability of the project site, the proposed project would not violate any water quality standard or waste discharge requirement. All runoff on the site will be collected in a detention basin. The conditions of approval for the project and Mitigation Measure HYD-1 require a project Storm Water Pollution Prevention plan that will provide BMPs to address maintenance and upkeep of the basin. Surface runoff will either percolate within the basin or spill over to another downstream basin designed to accept these flows. c) The Ramona Expressway, and to a lesser extent, Main Street serve as levees that isolate the project site from tributary flows entering the site. However, the site drains into Cornflower Avenue and Poppy Street west of the project. These streets are paved and would carry any pollutants from the site into developed residential areas. Development on the project site in compliance with Mitigation Measure HYD-1 will require preparation of a stormwater pollution prevention plan (SWPPP), which will incorporate BMPs to ensure that potential water quality impacts are minimized. The SWPPP is required to include a counter-measure plan describing measures to ensure proper collection of sedimentation produced on the site. These measures may include, but are not necessary limited to, (1) restricting grading to the dry season; (2) protecting all finished graded slopes from erosion using such techniques as erosion control matting and hydroseeding; (3) protecting downstream storm drainage inlets from sedimentation; (4) using silt fencing and hay bales to retain sediment on the project site; (5) using temporary water conveyance and water diversion structures to eliminate runoff into any receiving water body; and (6) any other suitable measures. Therefore, the proposed project would not result in substantial erosion or siltation on- or off -site following the implementation of Mitigation Measure HYD-1. d) The stormwater flow from the project will be detained in the proposed storm drainage basin shown as Parcel 9 on the site plan before flows are discharged into an existing outlet constructed as part of adjoin Tract 32053. The basin has the potential to collect pollutants from parking lots consisting of oils, detergents, vehicle fluids, and trash. The project SWPPP will include BMPs to maintain the basin, allowing any downstream discharge to be cleaned up before being released. As designed the proposed improvements would both reduce projected stormwater runoff from the proposed project and improve water quality for downstream properties. This will result in a less than significant impact with the implementation of Mitigation Measure HYD-1. e) The water quality basin is designed to capture runoff for low flow events. The basin has the potential to collect pollutants from parking lots consisting of oils, detergents, vehicle fluids, and trash. Under post-development conditions, on site storm water would be managed under the project SWPPP with BMPs to meet water quality standards before being discharged from the site. Therefore, as designed, the project would not create biologic harm or compromise the integrity of water bodies or waterways and impacts would be less than significant with the implementation of Mitigation Measure HYD-1. f) As described previously, the proposed stormwater system design ensures that the project would 4.3.k Packet Pg. 269 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 265 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 282 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 45 not substantially degrade water quality by retaining surface runoff on site. Components of the project design include a bio-retention basins within landscaped areas, filtration basins within parking lots, and compliance with the Water Quality Management Plan through preparation and implementation of a Stormwater Pollution Prevention Plan (SWPPP) required by law. Collectively, these methods will include BMPs to improve the water quality of surface flows before exiting the site. Therefore, water quality impacts are expected to be less than significant with Mitigation Measure HYD-1. incorporated. g) Development on the project site will lead to an increased demand for potable and non-potable water supply. The site lies within the service area of the City of San Jacinto, but there is insufficient water pressure to meet the demand of the proposed development without constructing a booster pump station to serve the development. This in turn would alter the pressure zones throughout the service area. A more practical solution is available by having water provided by the EMWD from their regional groundwater and imported water supplies. The EMWD imports water to ensure that significant overdraft of local groundwater supplies does not occur. Based on the EMWD’s Urban Water Management Plan, no adverse impacts to groundwater resources were forecast to occur from implementing the approved land uses in the project area as anticipated as part of buildout of the San Jacinto General Plan. Since the proposed project requires an amendment to the General Plan, the service capability by EMWD has been confirmed pending the completion of a water service plan to verify equipment, pressure zones, and line sizing. Eastern Municipal Water District (EMWD) is operating under drought declaration of Stage 4a. This declaration limits water usage and establishes a fee structure that encourages conservation. Under these provisions the impact to groundwater resources will be less than significant with implementation of Mitigation Measure HYD-2. h) ,i) ,j) The project site is not impacted by tributary flows due to the design and elevation of existing adjoin streets. Erosion will be controlled by the implementation of Mitigation Measure HYD-1. Therefore the impacts will be less than significant. l) The stormwater velocity flow through the project site will be managed through collection systems and will be detained in the proposed storm drainage basin shown as Parcel 9 before flows are discharged into an existing outlet constructed as part of adjoin Tract 32053. The system is designed to ensure that peak stormwater runoff from the project site does not exceed current values. As designed the proposed improvements would both reduce projected stormwater runoff from the proposed project. Based on the design of the project, and with the SWPPP BMPs to manage storm water flow, implementation of Mitigation Measure HYD-1, will reduce the impact to less than significant impact. m) As described previously, the proposed stormwater system design ensures that the project would not substantially degrade water quality. Components of the project design include a bio-retention water quality basin and compliance with the Water Quality Management Plan through preparation and implementation of a Stormwater Pollution Prevention Plan (SWPPP) required by law and Mitigation Measure HYD-1. Water quality impacts are expected to be less than significant with mitigation incorporated. n), o) The project site is not located within a 100-year floodplain nor is it within a 100-year flood hazard area. No impact and no mitigation is required. p) The valley has historically been susceptible to flooding. Improvements along the San Jacinto River to elevate adjoining lands and the approved San Jacinto levee project will provide sufficient protection to the project site. Based on these improvements, there is no impact and no mitigation is required. q) The project site is not located near a large body of water that would make it susceptible to seiche or tsunami. The valley is located at the base of the San Jacinto Mountains. Runoff from the 4.3.k Packet Pg. 270 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 266 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 283 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 46 mountains occurs in well-defined streambeds and the San Jacinto River that exists north of the site. Therefore, no impact is identified. Mitigation Measures: HYD-1 Prior to the approval of the grading permit, the project applicant shall be required to prepare a stormwater pollution prevention plan (SWPPP) consistent with the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2010-0014-DWQ), which is to be administered through all phases of grading and project construction. The SWPPP shall incorporate best management practices (BMPs) to ensure that potential off-site water quality impacts during construction phases are minimized. The SWPPP shall be submitted for review to the Regional Water Quality Control Board and to the City of San Jacinto. A copy of the SWPPP must be kept accessible on the project site at all times. In addition, the project applicant will be required to submit, and obtain City Engineering approval of, a Water Quality Management Plan prior to the issuance of any building or grading permit in order to comply with the Areawide Urban Runoff Management Program. The project shall implement site design BMPs, source control BMPs, and treatment control BMPs as identified in the Water Quality Management Plan. Site design BMPs shall include, but are not limited to, landscape buffer areas, on-site ponding areas, roof and paved area runoff directed to vegetated areas, and vegetated swales. Treatment control BMPs shall include vegetated swales and water quality basin. HYD-2 Prior to the issuance of any permits, the availability to serve the proposed development, including domestic and fire flow supply, must be reaffirmed by the Eastern Municipal Water District, and a water supply service plan shall be approved between the developer and EMWD. X. LAND USE AND PLANNING. Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporate d Less Than Significant Impact No Impact a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Source: San Jacinto General Plan, Development Code, Luiseno Village development plans, Soboba Hotel and Casino development plans, and field review Findings of Fact: a) The location is along the perimeter of an established community along a major transportation corridor and the San Jacinto River. Therefore, the impact is less than significant. No 4.3.k Packet Pg. 271 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 267 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 284 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 47 mitigation required. b) The project site is designated for single family residential development within the existing General Plan and Zoning Map. A General Plan Amendment and change of zone applications have been filed in conjunction with development plans to establish a commercial zoning designation that reflects the proposed development and the emerging development pattern in the area. The General Plan Amendment would have to be approved in order for other applications to be approved. c) The project site hosts habitat for three species of concern. These are the burrowing owl, San Bernardino Kangaroo Rat (SBKR), and the Los Angeles Pocket Mouse, (LAPM). The site also lies within the historic habitat of the Stephens Kangaroo Rat. The following species were confirmed present on the site via field surveys and trapping activities. Burrowing Owl - A borrow with two burrowing owls were found in 2016 near the center of the site. - A subsequent field survey in 2018 revealed that the burrows had been destroyed and no evidence of the burrowing owls were found in subsequent field investigations. - The absence of the burrowing owls precludes the need for mitigation measures to be applied and no mitigation is required. San Bernardino Kangaroo Rat - Three San Bernardino Kangaroo Rats, (SBKR), were captured and released during trapping studies. They occupy six to seven acres of land in a narrow strip along the Ramona Expressway. - A Joint Project Review and extensive negotiations with the Regional Conservation Authority and Department of Fish and Wildlife that resulted in a Determination of Biologically Equivalent or Superior Preservation Plan, (DBESP). The DBESP describes the proposed compensation measures for impacts to SBKR and LAPM that would be equivalent or superior to avoiding the occupied project area. The number of SBKR and LAPM on the project site are limited and considered trace by the surveying biologist. - Mitigation Measure BIO-1 contains the provisions of the DBESP plan for the SBKR. The provisions of the DBESP require that the receiver site have suitable soils and vegetation to support new habitat, that traps be set to verify that it is not occupied, then a trapping and relocation program may commence by a qualified small mammal expert. The developer must then provide an endowment for the continued maintenance and monitoring of the site by the RCA in perpetuity. Los Angeles Pocket Mouse - Four LA Pocket Mice (LAPM) were captured and released during trapping studies. They occupy 3.7 acres within the same narrow strip as the SBKR. - A Joint Project Review and extensive negotiations with the Regional Conservation Authority and Department of Fish and Wildlife that resulted in a Determination of Biologically 4.3.k Packet Pg. 272 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 268 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 285 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 48 Equivalent or Superior Preservation Plan, (DBESP) Mitigation Measure BIO-2 contains the provisions of the DBESP plan for the SBKR. The provisions of the DBESP require that the receiver site have suitable soils and vegetation to support new habitat, that traps be set to verify that it is not occupied, then a trapping and relocation program may commence by a qualified small mammal expert. The developer must then provide an endowment for the continued maintenance and monitoring of the site by the RCA in perpetuity. Stephens Kangaroo Rat Riverside County Ordinance No. 663 requires the payment of fees to acquire habitat for the Stephens Kangaroo Rat as set forth in Mitigation Measure BIO-3. With implementation of Mitigation Measures BIO-1 through BIO-3, the impacts can be mitigated to a level of insignificance. XI. MINERAL RESOURCES. Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporate d Less Than Significant Impact No Impact a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? a),b) Source: San Jacinto General Plan Environmental Impact Report Findings of Fact: The Surface Mining and Reclamation Act of 1975 (SMARA) established four Mineral Resource Zone (MRZ) categories with MRZ 1 being least and MRZ 4 being greatest in mineral resource value. The California Geologic Survey classifies all lands within the City of San Jacinto as MRZ 1. Therefore significant mineral deposits are unlikely to exist in the City. No mitigation is required. XII. NOISE. Would the project result in: Potentially Significant Impact Less Than Significant With Mitigation Incorporate d Less Than Significant Impact No Impact a) 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? 4.3.k Packet Pg. 273 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 269 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 286 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 49 b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Source: KPC Promenade Noise Impact Study, MD Acoustics, August 17, 2016 Regulatory Setting: The State of California has established noise insulation standards as outlined in Title 24 and the Uniform Building Code (UBC) which in some cases requires acoustical analyses to outline exterior noise levels and to ensure interior noise levels do not exceed the interior threshold. The State mandates that the legislative body of each county and city adopt a noise element as part of its comprehensive general plan. The local noise element must recognize the land use compatibility guidelines published by the State Department of Health Services. The guidelines rank noise land use compatibility in terms of normally acceptable, conditionally acceptable, normally unacceptable, and clearly unacceptable Findings of Fact: The City of San Jacinto outlines their noise regulations and standards within the Noise Element from the General Plan and the Noise Ordinance from the Municipal Code. Applicable policies and standards governing environmental noise in the City are set forth in the General Noise Element. Table N-1 from the Noise Element outlines the acceptable exterior/interior noise standards as 65 dBA CNEL / 45 dBA CNEL, respectively, for residential developments and general commercial, restaurants and retail. Therefore, the project must demonstrate compliance to the City’s exterior/interior noise standards Section 8.40.040(A-E) from the noise ordinance outlines the City’s exterior noise limits as it relates to stationary noise sources. (A) The following exterior noise standards, unless otherwise specifically indicated, shall apply to all properties within a designated noise zone: Table 10 outlines the 4.3.k Packet Pg. 274 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 270 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 287 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 50 allowable exterior noise level. Table 10 Allowable Exterior Noise Level1 Section 8.40.090 of the noise ordinance allows for construction to occur between the hours of 7:30 a.m. to 6:00 p.m. on weekdays. On the weekends construction must not create or produce loud noise that disrupts a person of normal sensitivity who works or resides in the vicinity, or a peace officer, on any weekend of federal holiday. There are exceptions to the regulation however for emergency construction when authorized by the City manager or his/her designee or if the level complies with the allowable limits as outlined within Section 8.40.040. a), c) Table 11 compares the without and with project scenario and shows the change in traffic noise levels as a result of the proposed project. It takes a change of 3 dB or more to hear an audible difference. As demonstrated in Table 4, the project is anticipated to change the noise 1 to 3 dBA CNEL. Although there is an increase along these two roadways, the noise levels would still be below the 65 dBA CNEL residential standard at any on-site and off-site sensitive receptors. As shown in Table 4, the Existing Plus Project 65 dBA CNEL contour would start at 136 feet from the center of Ramona Expressway and 58 feet from the center of Main Street. All existing or proposed residential land uses are located in the 65 dBA CNEL contour or lower. Although there is an increase in traffic noise levels the impact is considered less than significant as the noise levels at or near any existing or proposed sensitive receptor would be 65 dBA CNEL or less. In addition, a car wash facility is proposed along the northern project boundary behind a proposed convenience store. A noise study was prepared to assess ambient noise at the project site. A post-construction acoustical analysis will need to be prepared applying the type of car wash, the equipment to be used, and fencing design to assure that the noise levels from the car wash onto the adjoining property will be consistent with the Section 8.40.090 of the Municipal Codes. With Mitigation Measures N-2 and N-3 noise impacts will reduce these impacts to a level of insignificance. 4.3.k Packet Pg. 275 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 271 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 288 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 51 Table 11 Noise Levels Along Roadways (dBA CNEL) b) Construction activities can produce vibration that may be felt by adjacent land uses. The construction of the proposed project would not require the use of equipment such as pile drivers, which are known to generate substantial construction vibration levels. The primary vibration source during construction may be from a bull dozer. A large bull dozer has a vibration impact of 0.089 inches per second peak particle velocity (PPV) at 25 feet, which is perceptible but below any risk to architectural damage. The distance of the construction equipment will be 150 feet or more from any existing structure. At a distance of 150 feet a large bull dozer would yield a worst-case 0.012 PPV (in/sec) which is below any perceptible level. The impact is less than significant and no mitigation is required. d) Construction noise is considered a short-term impact and would be considered significant if construction activities are taken outside the allowable times as described in the City’s Municipal Code (Section 8.40.090). Construction is anticipated to occur during the permissible hours according the City’s Municipal Code. Construction noise will have a temporary or periodic increase in the ambient noise level above the existing within the project vicinity. Furthermore, noise reduction measures are provided to further reduce construction noise (Section 8.3). Mitigation Measure N-1 will reduce the impact to a level of insignificance. e) The project site does not lie within two miles of a public airport or within an airport land use plan. Therefore, there is no impact and no mitigation is required. f) The project site does not lie within the vicinity of a private aircraft landing strip. Therefore, there is no impact and no mitigation is required. Mitigation Measures: N-1: Construction operations must follow the City’s General Plan and the Noise Ordinance, which states that construction, repair or excavation work performed must occur within the permissible hours. To further ensure that construction activities do not disrupt the adjacent land uses, the following measures should be taken: 1. Construction should occur during the permissible hours as defined in Section 8.40.090. 2. During construction, the contactor shall ensure all construction equipment is equipped with 4.3.k Packet Pg. 276 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 272 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 289 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 52 appropriate noise attenuating devices. 3. The contractor should locate equipment staging areas that will create the greatest distance between construction-related noise/vibration sources and sensitive receptors nearest the project site during all project construction. 4. Idling equipment shall be turned off when not in use. 5. Equipment shall be maintained so that vehicles and their loads are secured from rattling and banging. N-2: Prior to obtaining building permits, the applicant shall provide an interior acoustic isolation analysis verifying separating assemblies (e.g. demising wall and floor/ceiling assemblies) for the senior housing and hotel meet Title 24 STC/IIC sound attenuation requirement as outlined within Chapter 12, Section 1207 of the 2013 California Building Code. N-3: An exterior post-construction acoustical study shall be prepared for review and approval by staff to assure that noise from the proposed car wash into adjoining property will comply with the Section 8.40.090 of the Municipal Code. Appropriate noise attenuation measures shall be recommended and incorporated into the project design to maintain a noise level of 65 dba or less extending off site. XIII. POPULATION AND HOUSING. Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporate d Less Than Significant Impact No Impact a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Source: San Jacinto General Plan and field review Findings of Fact: a) The proposed project will introduce a multiple family density of 16 units per acre that adjoins land containing recorded lots for single family density at 4 units per acre. The design of the senior residential housing severs circulation patterns that were partially constructed for the adjoining single family development. The severed streets do not comply with City standards. Mitigation Measure PH-1 will reduce the impact to a level of insignificance. 4.3.k Packet Pg. 277 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 273 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 290 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 53 b),c) The project site is undeveloped vacant property. Therefor no housing or population will be displaced by the proposed development. No mitigation is required. Mitigation Measure: PH 1: Prior to the issuance of any permits, an improvement plan shall be submitted for City review and approval that addresses the termination and landscaping design of Cornflower Avenue and Poppy Street in compliance with City standards. XIV. PUBLIC SERVICES. Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporate d Less Than Significant Impact No Impact a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Source: San Jacinto Fire Department and Public Works comments. San Jacinto General Plan a) The Riverside County Fire Department provides fire protection and emergency medical services under contract to the City. The nearest fire station is Station No. 25 located at First and San Jacinto Avenue. Winter staffing consists of three fire fighters and on engine. The force is doubled during the summer months. The project site is not located within a designated High Fire Area, according to the San Jacinto General Plan. The project will be designed, constructed, and operated under applicable fire prevention standards, and under the California Building Code. The proposed project features a hotel having a height of up to 90 feet. The fire rating and availability of adequate equipment to suppress fires shall be determined during the plan check stage for the hotel. Development Impact fees will be required as a condition of approval. These fees may be adjusted to accommodate additional equipment and/or personnel needs necessary to serve this development. Police protection services are provided under contract with the Riverside County Sheriff’s Department. The Sheriff provides services to the City from the San Jacinto Police Station located at 160 West Sixth St. The proposed project will result in increased demands for police protection services. Development impact fees will be required as a condition of approval for the project. Implementation of these provisions would result in a less than significant impact. 4.3.k Packet Pg. 278 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 274 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 291 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 54 The San Jacinto Unified School District provides educational services in the City of San Jacinto for grades K-12. The proposed commercial uses and the age-restricted senior housing will not generate students. Secondary impacts would occur resulting in the need for educational services to serve the children of future project employees. The project will be required to pay school impact fees as stipulated under State law. The impact is less than significant. The City of San Jacinto and Valley-Wide Recreation and Park District operate public park facilities in the City. The City General Plan establishes a standard of five (5) acres of park or recreational facilities for every 1000 people. The senior housing apartments are expected to generate 160 people. Adequate open space and recreation area is provided at the facility to meet the General Plan standards. The project will also be conditioned to pay development impact fees to offset impacts upon public parks facilities in the area. The impact is less that significant. Other: Water supply: The nearest City water source is an 18” main line from the Lake Park Well that serves tracts to the west. These tracts operate at 40 to 45 psi directly from the well set pressure of 39 psi or lower. The Lake Park Well cannot be adjusted any higher due to the 80 psi running at the lower elevations of the City water system. To supply any locations on Ramona Expressway/Main Street would require either booster stations on the sites or creating an upper pressure zone, which would involve some considerable engineering and cost. Therefore, developments on Ramona Expressway/Main Street would need to be supplied by EMWD. The Tribal clinic, located one-half mile south of the site is also supplied by EMWD at this time. The impact upon City water supply can be mitigated to a level of insignificance under Mitigation Measure PS-1. Mitigation Measure: PS-1 Prior to the issuance of any permits, the availability to serve the proposed development, including domestic and fire flow supply, must be confirmed through a water supply service agreement with the Eastern Municipal Water District. XV. RECREATION. Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporate d Less Than Significant Impact No Impact a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? Source: Police, Fire and staff review 4.3.k Packet Pg. 279 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 275 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 292 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 55 Findings of Fact: a), b) The scope and size of the project would not require any facility expansion. The project will be conditioned to pay development impact fees to offset impacts upon public park facilities. Commercial development will not generate impacts upon recreational facilities. Recreation and open space spaces are designed as part of the senior housing development. However, no detailed plans have been submitted to define the extent and feasibility of recreational features and compliance with the Municipal Code needs to be verified. This is addressed under Mitigation Measure R-1 Likewise, no floor plans were provided for the proposed hotel. Since hotel amenities impact parking count, the nature and extent of amenities are minimized under the project’s conditions of approval. Under Mitigation Measure R-2, floor plan must be submitted for review and approval to assure that amenities within the hotel to no exceed the amount of parking. The is reduce the impact to a level of insignificance. Mitigation Measures: R-1 Prior to the issuance of any permits, detailed landscape and improvements plans shall be submitted for staff review and approval encompassing the exterior recreation and open space serving the senior residential area. These plans shall address fencing locations and materials as well as amenities serving the senior housing and commercial center in accordance with the conditions of approval. R-2 Prior to the issuance of any permits, floor plans and any interior common amenities within the hotel shall be submitted for staff review and approval to demonstrate compliance with Section 17.430.310 of the Development Code. XVI. TRANSPORTATION / TRAFFIC. Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporate d Less Than Significant Impact No Impact a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to, level of service standards and travel demand measures, or other standards established by the county congestion management agency for 4.3.k Packet Pg. 280 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 276 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 293 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 56 designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Source: KPC Promenade Traffic Impact Analysis, TJW Engineering, Inc., September 6, 2016, KPC Promenade Shared Parking Analysis, TJW Engineering, January 18, 2019 Findings of Fact: a), f) Level of Service (LOS) is commonly used to describe the quality of flow on roadways and at intersections using a range of LOS from LOS A (free flow with little congestion) to LOS F (severely congested conditions). The definitions for LOS for interruption of traffic flow differ depending on the type of traffic control (traffic signal, unsignalized intersection with side street stops, unsignalized intersection with all-way stops). The City utilizes the Intersection Capacity Utilization (ICU) methodology for signalized intersection analysis. The ICU methodology expresses the LOS of an intersection in terms of the remaining capacity at an intersection (or lack thereof). The ICU methodology compares the volume-to-capacity (V/C) ratios of conflicting turn movements at an intersection, sums the critical conflicting V/C ratios for each intersection approach, and determines the intersection’s overall capacity utilization. Roadway segment operations have been evaluated using the City of San Jacinto roadway segment capacity thresholds contained in the City of San Jacinto General Plan Circulation Element. Table 12 shows the ITE 9th Edition trip generation rates used to calculate forecast trip generation of the proposed project, except where noted. The project will generate approximately 8549 daily trips. Of these 607 will be during the AM peak hour and 572 will be during the PM peak hour at the project driveways. After accounting for internal trips among the mix of uses within the development, the net AP peak hour will generate 334 trips and the PM peak hour will generate 321 trips. The overall daily trips will be 5279 on the surrounding roadway. 4.3.k Packet Pg. 281 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 277 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 294 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 57 Table 12 Trip Generation Rates for Proposed Project Land Uses A number of vehicles will already be accounted for on the roadway system that are characterized as pass-by traffic. Table 13 shows the peak hour trip generation after the pass-by traffic has been accounted for. 4.3.k Packet Pg. 282 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 278 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 295 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 58 Table 13 Net New Trip Generation of Proposed Project 4.3.k Packet Pg. 283 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 279 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 296 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 59 Existing plus ambient plus project (EAP) conditions analysis is intended to identify the project-related impacts on both the existing and planned near-term circulation system by comparing EAP conditions to existing conditions. EAP volumes include background traffic plus the addition of the traffic projected to be generated by the proposed project. Since the proposed project is expected to be built and generating trips in 2019, EAP volumes include an ambient growth rate of 2% per year for three years, applied to existing volumes. EAP conditions AM and PM peak hour intersection analysis is shown in Table 14. As shown in Table 14, the study intersections are projected to operate at an acceptable LOS during the AM and PM peak hours for EAP conditions with the exception of the Sanderson Avenue/Ramona Expressway intersection (LOS F AM peak hour), San Jacinto Avenue/Ramona Expressway intersection (LOS F AM peak hour), and the San Jacinto Avenue/Main St-Ramona Blvd intersection (LOS F AM and PM peak hours). The study roadway segments are projected to operate at an acceptable LOS (LOS D or better) for EAPC conditions. The addition of project generated trips is projected to not have a significant direct impact at any of the study intersections since the three deficiently operating intersections operate at a deficient LOS pre-project. 4.3.k Packet Pg. 284 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 280 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 297 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 60 Table 14 Intersection Analysis – Existing Plus Ambient Plus Project Conditions Transportation improvements throughout the County of Riverside are funded through a combination of direct project mitigation, fair share contributions or development impact fee programs such as the City’s adoption of the Transportation Uniform Mitigation Fee (TUMF) program and the City of San Jacinto Development Impact Fee (DIF) program. The proposed project will be required to pay the TUMF and the City’s DIF fees. The TUMF program is administered by the Western Riverside Council of Governments (WRCOG) based upon a regional Nexus Study completed in early 2002 and updated in 2005, 2009 and 2015 to address major changes in right of way acquisition and improvement cost factors. The TUMF program identifies network backbone and local roadways that are needed to accommodate growth 4.3.k Packet Pg. 285 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 281 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 298 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 61 through 2035. The regional program was put into place to ensure that developments pay their fair share and that funding is in place for the construction of facilities needed to maintain an acceptab le level of service for the transportation system. The TUMF is a regional mitigation fee program and is imposed and implemented in every jurisdiction in Western Riverside County. TUMF fees are imposed on new residential, industrial and commercial development through application of the TUMF fee ordinance and fees are collected at the building or occupancy permit phase. Identification and timing of needed improvements is generally determined through local jurisdictions based upon a variety of factors. The project’s contribution to these transportation impact fee programs fee, or as a fair share contribution towards a cumulatively impacted facility not found to be covered by a preexisting fee program, are only effective if a mechanism is in place to ensure that the improvements will be completed before the project is completed. Mitigation Measures T-1 through T-4 are recommended in order to mitigate cumulative traffic impacts identified in the project traffic study. These mitigation measures will reduce the impacts to a level that is less than significant. There is a Class I (off-street) bike trail on the west side of Ramona Expressway between Main Street and San Jacinto Avenue and a Class II (on-street) on-street bicycle lane in both directions on Ramona Expressway between San Jacinto Avenue and Sanderson Avenue. According to the San Jacinto General Plan Circulation Element, Class II (on-street) bicycle lanes are planned on State Street and Esplanade Avenue, and a Class I (off-street) bicycle path is planned for the entire length of Ramona Expressway within the City. Sidewalks and curb ramps at intersections are generally present where development has occurred within the study area, and absent where development has yet to occur. Sidewalks are currently not present along the proposed project’s frontage. The City of San Jacinto is served by the Riverside Transit Agency which provides bus service to the desert cities. There is one transit route, directly serving the project site, Riverside County Transit Route 42, with a stop at the Miracle Drive/Main Street intersection less than 1/10 of a mile west of the proposed project site. The impacts are less than significant and no mitigation is required. In compliance with Calgreen development standards, bicycle racks and electric power vehicle charging stations are incorporated into the design of the project. Pursuant to Chapter 17.620 Planned Development Permits and Chapter 17.330.060 Shared Parking, the applicant has submitted a peak demand analysis prepared by a licensed traffic engineer to justify a reduction in parking from 570 spaces to 422 spaces. The difference in parking count is largely attributable to 75% of the spaces required for hotel guests being allotted for common area uses in the hotel (gymnasium, restaurants, conferencing, etc., which are either not proposed or vary limited within the proposed hotel. Therefore, the potential impacts arising from parking adequacy are less than significant. b) The proposed SR-79 realignment project, currently in the environmental review phase, will realign SR-79 between Domenigoni Parkway and Gilman Springs Road as a freeway facility, which will reduce traffic volumes at the Sanderson Avenue/Ramona Expressway intersection and produce an acceptable level of service. Mitigation Measure T-1 requires that improvement to be in place prior to the occupancy of the hotel. The intersection at San Jacinto Avenue/Ramona Expressway requires improvement of the westbound Ramona Expressway approach from one left-turn lane and two through lanes to two left- turn lanes and two through lanes. Improvement of the northbound San Jacinto Avenue approach from one left-turn lane and one right-turn lane to two left-turn lanes and one right-turn lane with overlap signal phasing. Improvement of the eastbound right-turn approach to include right-turn overlap signal phasing. Implementation of Mitigation Measure T-2 prior to the issuance of any building permits will reduce the impact to a level of insignificance. 4.3.k Packet Pg. 286 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 282 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 299 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 62 The intersection of San Jacinto Avenue/Main Street-Ramona Boulevard requires improvement to the eastbound Main Street approach from one shared left-through-right-turn lane to one left-turn lane and one through/right-turn lane. Improvement of the westbound Main Street approach from one shared left-through-right turn lane to one left-turn lane and one through/right-turn lane. Improvement of the northbound San Jacinto Avenue approach from one left-turn lane and one through/right-turn lane to one left-turn lane, one left turn/through lane and one through/right-turn lane. Improvement of the southbound San Jacinto Avenue approach from one left-turn/through lane and one right-turn lane to one left-turn/through lane, one through lane and one right-turn lane. Improvement of southbound San Jacinto Avenue south of the intersection to allow for two receiving lanes for the recommended westbound dual left-turn lane. Implementation of Mitigation Measure T-3 prior to the issuance of any building permits will reduce the impact to a level of insignificance. c) There are no public or private airports in the vicinity of the project site that would result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. Therefore, there is no impact. d) The local transportation system is in place. Therefore, the project would not substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). Therefore, there is no impact. e) The proposed project will add access points and traffic onto the existing transportation system that has the potential to impair the movement of emergency vehicles in transit from or to calls. The Fire Department has conditioned the project for access to within 150 feet of all buildings, driveway loops, fire apparatus access lanes, and entrance curb radius to accommodate emergency vehicles. Compliance with the City’s design standards for access will reduce the impact to a level of insignificance. The following mitigation measures shall be implemented to mitigate the cumulative impacts at study intersections, and to reduce peak hour delay at these intersections to achieve a LOS D or better. The City Engineer shall have the authority to alter the timing of implementation upon approval of a phasing plan by City staff. T-1 Sanderson Avenue/Ramona Expressway: The proposed SR-79 realignment project, currently in the environmental review phase, will realign SR-79 between Domenigoni Parkway and Gilman Springs Road as a freeway facility, which will reduce traffic volumes at the Sanderson Avenue/Ramona Expressway intersection and supersede the need for any further widening of the intersection. This project is funded in part with TUMF fees. Therefore, compliance with Mitigation Measure T-4 will reduce this impact to a level of insignificance. T-2 San Jacinto Avenue/Ramona Expressway: Improve the westbound Ramona Expressway approach from one left-turn lane and two through lanes to two left-turn lanes and two through lanes. Improve the northbound San Jacinto Avenue approach from one left-turn lane and one right-turn lane to two left-turn lanes and one right-turn lane with overlap signal phasing. Improve the eastbound right-turn approach to include right-turn overlap signal phasing. These improvements shall be constructed by the developer prior to the issuance of any building permits T-3 San Jacinto Avenue/Main Street-Ramona Boulevard: Improve the eastbound Main Street approach from one shared left-through-right-turn lane to one left-turn lane and one through/right-turn lane. Improve the westbound Main Street approach from one shared left-through-right turn lane to 4.3.k Packet Pg. 287 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 283 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 300 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 63 one left-turn lane and one through/right-turn lane. Improve the northbound San Jacinto Avenue approach from one left-turn lane and one through/right-turn lane to one left-turn lane, one left turn/through lane and one through/right-turn lane. Improve the southbound San Jacinto Avenue approach from one left-turn/through lane and one right-turn lane to one left-turn/through lane, one through lane and one right-turn lane. Improve southbound San Jacinto Avenue south of the intersection to allow for two receiving lanes for the recommended westbound dual left-turn lane. These improvements shall be constructed by the developer prior to the issuance of any building permits T-4 The applicant shall participate in the funding or construction of regional improvements, including the SR 79 freeway upgrade, that are needed to serve cumulative traffic conditions through the payment of the Transportation Uniform Mitigation Fees (TUMF) and City of San Jacinto Development Impact Fees (DIF) or a fair share contribution as directed by the City. These fees are collected prior to the issuance of occupancy permits as part of a funding mechanism aimed at ensuring that regional highways and arterial expansions keep pace with projected population increases. XVII. UTILITIES AND SERVICE SYSTEMS. Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporate d Less Than Significant Impact No Impact a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Comply with federal, state, and local statutes and regulations related to solid 4.3.k Packet Pg. 288 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 284 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 301 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 64 waste? Sources: Eastern Municipal Water District website: https://www.emwd.org/services/wastewater-service. State of California Cal Recycle website: http://www.calrecycle.ca.gov/SWFacilities/Directory/33-AA-0007/Detail/o a-e) The project site lies within the service area of Eastern Municipal Water District for wastewater collection and treatment. Wastewater treatment capacity is projected to be 10.1 million gallons per day by 2020. This would be expanded to 18 mgd by 2023. This capacity is expected to handle the projected increase from the proposed project and meet all applicable Regional Water Quality Control Board standards. The project will be required to pay wastewater connection and under the project’s conditions of approval as implementing development occurs expansion fees. No mitigation is required. b) The project site lies within the water service area of the City of San Jacinto. The City does not have sufficient water pressure to serve the proposed project without the construction of a booster station on the property. This would then impact pressure zones throughout the city. As an alternative, an interagency agreement with the Eastern Municipal Water District (EMWD) to provide water supply to the project will be required upon completion of a water service plan. The water service plan provides the infrastructure details of the delivery system and is required prior to any permits being issued. This will serve to reduce the impact of water supply to a level of insignificance under Mitigation Measure PS-1. c), d) The project site is separated from the San Jacinto River by the Ramona Expressway, which effectively functions as a levee protecting the site from river flows. With the absence of tributary flows entering the site, surface flows are manage on site by draining to a water quality basin along the westerly boundary of the site. Storm flows from the water quality basin will be outlet into a swale that ties into an existing storm drain system within Tract 32053 to the south. The project will be conditioned to provide complete hydrology reports and calculations as part of the permit process or the project. The impact is less than significant and no mitigation is required. f) Solid waste generated from the proposed project would be hauled to the Lambs Canyon Landfill, operated by the Riverside County Waste Management Agency, by a waste disposal firm contracted by the City. The landfill has a design capacity of 38,935,653 cubic yards with a site life through the year 2029. An expansion project is currently being planned. The project will also be required to comply with the provisions of AB 939 to divert refuse from the waste stream in order to meet designated goals for diverted waste. The impact is less than significant and no mitigation is required. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE Potentially Significant Impact Less Than Significant With Mitigation Incorporate d Less Than Significant Impact No Impact a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 4.3.k Packet Pg. 289 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 285 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 302 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 65 b) Does the project have the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? a) The project site has been surveyed and found not to possess and evidence of cultural resources. The site is located within the Multi-species Habitat Conservation Plan (MSHCP) Criteria Cell 3098, within Subunit 3, Upper San Jacinto River/Bautista Creek for the San Jacinto Valley Area Plan. Conservation within this cell Group will be approximately 5% of the Cell Group focusing in the southwestern portion of the Cell Group. The area of preservation is identified to be south of the project site. The project site showed evidence of habitat for three species of concern. These are the burrowing owl, San Bernardino Kangaroo Rat (SBKR), and the Los Angeles Pocket Mouse (LAPM). The site also lies within the historic habitat range of the Stephens Kangaroo Rat. Protocol trapping surveys were performed on the site and resulted in trapping three SBKR and four LAPM. A Determination of Biological Equivalent or Superior Preservation Plan, (DBESP), was prepared by the City of San Jacinto and evaluated under a Joint Project Review by the Regional Conservation Authority. Mitigation Measures B-1 through B-3 were identified in the DBESP that led to a determination of project consistency with MSHCP Criteria and Plan requirements. Impacts upon wildlife resources are less that significant with mitigation incorporated. b) The proposed project features short term goals that could be detrimental to long-term environmental goals. The proposed hotel building height is allowed under a Planned Development Permit for which photo simulations (Appendix 3) have been provided to assess the impact on scenic vistas. The height includes an illuminated dome. Mitigations Measure AE-1 requires a photometric plan to verify compliance with Section 17.300.080 of the Municipal Code. The proposed parking reduction is allowed under a Planned Development Permit for which a Shared Parking Analysis has been prepared by a licensed Engineer. The analysis supports the reduced parking based on overlapping uses within the proposed development and the level of amenities proposed within the hotel. c) Implementation of the proposed project will not result in any individually significant environmental impacts, provided that all of the recommended mitigation measures are accepted and implemented. Cumulative impacts can be evaluated by comparing the proposed development to the broader context outlined under The San Jacinto General Plan Environmental Impact Report (SJGP EIR). The SJGP EIR identified cumulative impacts associated with Agriculture, Air Quality, Noise, Population and Housing, and Traffic that were significant and unavoidable. In adopting the SJGP EIR, The City Council adopted a Statement of Overriding Considerations that determined that the benefits accrued 4.3.k Packet Pg. 290 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 286 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 303 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 66 through the build-out of the SJGP overrode the resulting impacts. The relationship of certain potentially significant impacts from the proposed project to the SJGP EIR are considered below. Aesthetics and Land Use – The proposed project features a building height that is higher than allowed under the development code. However, under a Planned Development Permit, modifications to the standard are allowed. Emerging development trends and review of photo simulations support a finding that the potential impact is less than significant. Agriculture – The project is classified as Important Farmland by the State Department of Conservation. A Statement of Overriding Considerations was adopted with the certification of the Final Environmental Impact Report for the San Jacinto General Plan in order to facilitate the conversion of agriculture to urban land use. The project site was designated for Low Density Residential on the General Plan. There are no Williamson Act contract in place on the property. Air Quality – Impacts resulting from the proposed project are not cumulatively significant because none of the project-level significance thresholds will be exceeded. Noise – Impacts resulting from the proposed project are not cumulatively significant because retail commercial land uses, that can tolerate high noise levels, are aligned along adjoining streets; and noise sensitive residential areas are oriented away from retail commercial and adjoining streets. Traffic – Impacts relating to project traffic are cumulatively significant because the study intersections at the project site are projected to continue to operate at an unacceptable Level of Service (LOS) during the AM and PM peak hours. However, Mitigation Measures T-1 through T-4 are requirements to improve the intersections of Sanderson Avenue/Ramona Expressway, San Jacinto Avenue/Ramona Expressway, and San Jacinto Avenue/Main Street-Ramona Boulevard intersections prior to the issuance of building permits. Impacts relating to a reduced parking count can be found less than significant based on a study provided by a licensed traffic engineer, the mix of uses proposed on site, and the amenity package proposed for the hotel. Utilities – Impacts relating to water supply are not cumulatively significant because Mitigation Measure PS-1 require that proof of water availability be provided through a water supply service agreement with EMWD before any permits can be issued. On the basis of the above findings, the proposed project will have less than a significant impact relating to cumulative impacts. d) By adhering to the provisions of the San Jacinto General Plan and the San Jacinto Development Code, the project will not cause substantial adverse effects on human beings, either directly or indirectly. The findings of this initial study have determined that each potential impact will have a less than significant impact, or impacts can be reduces to a level of insignificance under the recommended mitigation measures. EARLIER ANALYSIS Final Environmental Impact Report for the City of San Jacinto General Plan Update, SCH No. 2001111165 General Plan Update EIR April 2006 4.3.k Packet Pg. 291 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 287 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 304 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 67 General Plan EIR Addendum August 2012, GPA-1-12 REFERENCES City of San Jacinto Final General Plan, May 2006 City of San Jacinto Development Code KPC Promenade Preliminary Site Plan, GK Pierce Architects January 2019 KPC Promenade Architectural Plans, GK Pierce Architects May 2016 KPC Promenade Tentative Parcel Map, Blaine Womer Civil Engineering May 2016 KPC Promenade Grading and Drainage Plan, Blaine Womer Civil Engineering May 2016 KPC Promenade Conceptual Striping Plan, TJW Engineering KPC Promenade Photo Simulations, Artistic Engineering, January 2019 Luiseno Village Site Plan, Tuttle Engineering, November 2017 Luiseno Village Architectural Plans, MPA Architects, November 2017 Soboba Hotel and Casino, https://soboba.com/ State Department of Transportation website http://www.dot.ca.gov/hq/LandArch/16_livability/scenic_highways/ South Coast Air Quality Management District’s 2012 Air Quality Management Plan KPC Promenade Air Quality and Greenhouse Gas Impact Study, MD Acoustics, August 11, 2016 Riverside County Multiple Species Habitat Conservation Plan (MSHCP) General Biological Assessment Revised, LMG Residential Development, Hemet, CA, Natural Resources Assessment Inc., April 16, 2016. Pre-Construction Biological Survey, KPC Promenade, San Jacinto, CA, Natural Resources Assessment, Inc. August 2017. Results of a Burrowing Owl Focused Survey Conducted for the KPC Promenade, June 15, 2018, Glenn Lukos, Associates, Project, a 23-Acre Property Located in San Jacinto, Riverside County, California San Bernardino Kangaroo Rat (Dipodomys merriami parvus) and Los Angeles Pocket Mouse (Perognathus longimembris brevinasus) Presence/Absence Trapping Studies, KPC Promenade Development, Natural Resources Assessment, Inc. 2017. 4.3.k Packet Pg. 292 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 288 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 305 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 68 Determination of Biologically Equivalent or Superior Preservation Plan (DBESP), City of San Jacinto, January 10, 2018, (Revised July 26, 2018). Joint Project Review 17-06-13-01, Regional Conservation Authority, January 24, 2018. Phase 1 Cultural Resource and Paleontological Assessment for the KPC Promenade Project, Scientific Resource Surveys, April 28, 2016 Geotechnical Investigation, Proposed Commercial Complex, KPC Promenade, NWC West Ramona Expressway and Main Street, San Jacinto, CA Soils Survey for Riverside Area, California, USDA 1971 California Department of Toxic Substances, http://www.envirostor.dtsc.ca.gov KPC Promenade Noise Impact Study, MD Acoustics, August 17, 2016 KPC Promenade Traffic Impact Analysis, TJW Engineering, Inc., September 6, 2016 KPC Promenade Shared Parking Analysis, TJW Engineering, Inc., January 18, 2019 Eastern Municipal Water District website: https://www.emwd.org/services/wastewater- service. State of California Cal Recycle website: http://www.calrecycle.ca.gov/SWFacilities/Directory/33-AA-0007/Detail/o 4.3.k Packet Pg. 293 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 289 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 306 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 69 APPENDIX 1 TRIBAL CONSULTATION LOG 4.3.k Packet Pg. 294 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 290 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 307 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 70 4.3.k Packet Pg. 295 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 291 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 308 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 71 4.3.k Packet Pg. 296 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 292 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 309 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 72 4.3.k Packet Pg. 297 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 293 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 310 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 73 4.3.k Packet Pg. 298 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 294 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 311 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 74 4.3.k Packet Pg. 299 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 295 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 312 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 75 APPENDIX 2 HABITAT RELOCATION PLAN 4.3.k Packet Pg. 300 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 296 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 313 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 76 4.3.k Packet Pg. 301 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 297 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 314 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 77 APPENDIX 3 PHOTO SIMULATIONS 4.3.k Packet Pg. 302 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 298 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 315 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 78 4.3.k Packet Pg. 303 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 299 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 316 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 79 4.3.k Packet Pg. 304 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 300 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 317 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 80 4.3.k Packet Pg. 305 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 301 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 318 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 81 4.3.k Packet Pg. 306 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 302 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 319 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade GPA 16-1, CZ 16-1, PDP 18-1, SPDR 16-7, MUP 16-2, MUP 16-3, MUP 1604, TPM 37099 82 4.3.k Packet Pg. 307 Attachment: 11. Initial Study and Mitigated Negative Declaration (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099 - KCP4.2.e Packet Pg. 303 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4,3.A.4.e Packet Pg. 320 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) GPA 16-01, CZ 16-01 TPM 37099 SPDR 16-07 MUP 16-02, 16-03, AND 16-04 City of San Jacinto Page 1 of 10 MITIGATION MONITORING & REPORTING PROGRAM (MMRP) FOR CEQA COMPLIANCE Date: February 13, 2019 Assessors Parcel Number: 433-130-021 and 025 Case No. General Plan Amendment No 16-1, Change of Zone Case No. 16-1, Tentative Parcel Map 37099, Planned Development Permit 18-1, Site Plan and Design Review Case No. 16-7, Minor Use Permit 16-2 (senior housing development), Minor Use Permit 16-3 (service station), and Minor Use Permit 16-4 (Drive through restaurants). The project is being processed as a Planned Development Permit pursuant to Chapter 17.620 of the San Jacinto Development Code. Location: The project site is located at the northwest corner of Main Street and the Ramona Expressway in the City of San Jacinto SCH No. N/A Approval Date: March 18, 2019 Applicant: Howard Rosenthal for KPC Latham Management Group 1600 E. Florida Avenue, Suite 110 Hemet, CA 92544 Contact: Howard Rosenthal Email: howard@rosenthalexcell.com THE FOLLOWING REPRESENTS THE CITY’S MITIGATION MONITORING PROGRAM FOR THE MITIGATED NEGATIVE DECLARATION FOR THE ABOVE CASE NUMBER(S) 4.3.l Packet Pg. 308 Attachment: 12. Mitigation Monitoring and Reporting Program (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7,4.2.e Packet Pg. 304 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD3.A.4.e Packet Pg. 321 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR GPA 16-01, CZ 16-01 TPM 37099 SPDR 16-07 MUP 16-02, 16-03, AND 16-04 City of San Jacinto Page 2 of 10 MITIGATION MEASURES RESPONSIBLE PARTY TIMING TYPE OF VERIFICATION VERIFIED BY DATE I. AESTHETIC IMPACTS MM AE-1 Prior to the issuance of any building permits, a photometric plan shall be prepared for review and approval by the Planning Department demonstrating that light spillage will be controlled onto adjoining residential properties pursuant to Section 17.300.080 of the Municipal Code. Project proponent Prior to the issuance of any building permits Photometric plan Planning Department II AGRICULTURE AND FOREST RESOURCES MM AG-1: AG-1: The Developer shall record a right-to-farm covenant acknowledging the use of adjoining land for agricultural use and the right for that use to continue. The text of this covenant shall be submitted to City staff for review and approval prior to recording the covenant, and shall include the following statement: a) No agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes within 300 feet of a land zoned or used for agricultural purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three (3) years if it was not a nuisance at the time it began. Project Proponent Prior to the issuance of any permits Recordable covenant Planning Department 4.3.l Packet Pg. 309 Attachment: 12. Mitigation Monitoring and Reporting Program (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7,4.2.e Packet Pg. 305 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD3.A.4.e Packet Pg. 322 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR GPA 16-01, CZ 16-01 TPM 37099 SPDR 16-07 MUP 16-02, 16-03, AND 16-04 City of San Jacinto Page 3 of 10 b) A disclosure statement shall be provided to the buyers/tenants who will be located adjacent to land that is zoned for agricultural operations, and that the noise, odors, and outdoor activity levels may be more intrusive than levels in a typical area. Each tenant shall sign the written disclosure statement acknowledging that they have received, read, and understand the disclosure statement. III AIR QUALITY MM AQ-1 The project is required during grading to limit the daily disturbance area of 5 acres or less. Project Proponent/ Contractor During grading operations Field Monitoring Building Department MM AQ-2 The project applicant shall require that all building structures meet or exceed 2013 Title 24, Part 6 Standards and meet Green Building Code Standards. Project Proponent/ Contractor During construction Field Monitoring Building Department IV BIOLOGICAL RESOURCES San Bernardino Kangaroo Rat (SBKR) MM BIO-1 SBKR shall be relocated to RCA-owned and managed lands following the below approach. Coordination will occur with the RCA and the wildlife agencies during all stages of the relocation process. 1. A suitable relocation site for SBKR on existing RCA conserved lands has been preliminarily determined (refer to Appendix 2). If it is determined that the property illustrated in Appendix 2 is not viable for relocation, it will be communicated with the RCA and wildlife agencies so that other lands can be located and evaluated. The following detailed standards regarding the characteristics and quality Project proponent Prior to site disturbance Clearance letter by the RCA Planning Department 4.3.l Packet Pg. 310 Attachment: 12. Mitigation Monitoring and Reporting Program (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7,4.2.e Packet Pg. 306 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD3.A.4.e Packet Pg. 323 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR GPA 16-01, CZ 16-01 TPM 37099 SPDR 16-07 MUP 16-02, 16-03, AND 16-04 City of San Jacinto Page 4 of 10 of the relocation site and “relocation site preparation” will be included/performed: a. The relocation site shall be assessed for species suitability, and include suitable vegetation, cover, soils, etc. The relocation site should match as closely as possible (or better) the current habitat conditions found on the project site. b. The relocation site shall be trapped and determined unoccupied by SBKR. If occupied, a different location shall be chosen for relocation in coordination with the RCA and wildlife agencies. c. The relocation site will need to be determined suitable, but any deficiency or factor limiting the presence of SBKR will need to be identified and resolved prior to relocation. For example, if it is determined that weed cover is the likely factor causing absence of the SBKR, weed control would need to be implemented by the applicant’s team just prior to relocation. d. The relocation site shall be adjacent to an area with existing SBKR presence. e. The relocation site must be conserved in perpetuity. 2. Only an approved qualified small mammal expert with experience in small mammal relocation will be 4.3.l Packet Pg. 311 Attachment: 12. Mitigation Monitoring and Reporting Program (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7,4.2.e Packet Pg. 307 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD3.A.4.e Packet Pg. 324 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR GPA 16-01, CZ 16-01 TPM 37099 SPDR 16-07 MUP 16-02, 16-03, AND 16-04 City of San Jacinto Page 5 of 10 contracted to handle the pre-construction on-site trapping, tagging captured individuals, noting specific details regarding distribution and spacing, relocation efforts, and monitoring. 3. Pre-construction trapping efforts will assist in gathering other pertinent details regarding SBKR distribution and thus support the relocation of individuals similar to their existing on-site distribution. 4. The implementation of soft release techniques, such as possible use of hacking cages and installation of temporary artificial burrows, shall be necessary to aid in success of the relocated individuals. 5. The applicant shall coordinate with RCA regarding the following: a. Funding of RCA’s long-term maintenance (e.g., weed control) of the relocation site. b. Funding to RCA to support long-term monitoring of the relocated SBKR. 6. The project proponent shall commit to prepare a detailed “Small Mammal Relocation Site Preparation, Trapping, and Relocation Plan”, and that it will include, at a minimum, the information presented above as well as provide additional specific actions as they become known in coordination with RCA and the Wildlife Agencies. The Plan will be approved by the RCA and wildlife agencies prior to relocation efforts. 4.3.l Packet Pg. 312 Attachment: 12. Mitigation Monitoring and Reporting Program (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7,4.2.e Packet Pg. 308 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD3.A.4.e Packet Pg. 325 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR GPA 16-01, CZ 16-01 TPM 37099 SPDR 16-07 MUP 16-02, 16-03, AND 16-04 City of San Jacinto Page 6 of 10 7. If additional or alternate form(s) of mitigation to what is presented above for SBKR, is deemed necessary and approved by the RCA and wildlife agencies, at the completion of the mitigation a DBESP Addendum Letter will be provided to the RCA and wildlife agencies as part of the administrative record for the project. Los Angeles Pocket Mouse MM BIO-2 Mitigation for 3.7 acres of permanent impacts to LAPM will be in the form of fee payment at $14k/acre provided to the RCA for Geller #2 Phase 3 conservation land. Geller #2 Phase 3 is a 40-acre parcel (APN 583-180- 001) on upper Temecula Creek occupied by LAPM. If additional or alternate form(s) of mitigation to what is presented here for LAPM is deemed necessary and approved by the RCA and wildlife agencies, at the completion of the mitigation a DBESP Addendum Letter will be provided to the RCA and wildlife agencies as part of the administrative record for the project. Project proponent Prior to site disturbance Clearance letter by the RCA Planning Department Stephens Kangaroo Rat: MM BIO-3 The project is required to pay the Stephens Kangaroo Rat fee required under the Long-Term Stephens Kangaroo Rat Habitat Conservation Plan. Project proponent Prior to issuance of a grading permit Clearance letter or receipt by the RCA Building Department V. CULTURAL RESOURCES MM CR-1: Prior to grading permit issuance the developer shall retain a qualified archaeologist and a Native American Monitor to prepare an Archaeological Mitigation and Monitoring Plan (AMMP). The AMMP shall include the monitoring of all ground disturbing activities and shall Project Proponent Prior to any earthmoving activity (demolition, grading Provide the City with a copy of the executed agreement. Planning Department 4.3.l Packet Pg. 313 Attachment: 12. Mitigation Monitoring and Reporting Program (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7,4.2.e Packet Pg. 309 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD3.A.4.e Packet Pg. 326 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR GPA 16-01, CZ 16-01 TPM 37099 SPDR 16-07 MUP 16-02, 16-03, AND 16-04 City of San Jacinto Page 7 of 10 include protocol for the mitigation and significance testing of inadvertent archaeological finds. and/or construction MM CR-2: In the event that any archaeological material is encountered during the monitoring, the archaeologist and Native American Monitor shall have the authority to halt and redirect earthmoving activities within 50-feet of the find, so that appropriate mitigation measures can be undertaken in order to test and evaluate the significance of the find in accordance with MM CR-1. Planning Department Project Proponent Archaeologist Native American Monitor During earthmoving activities Notification to Planning Department Planning Department MM CR-3: Prior to grading permit issuance the developer shall enter into a Treatment and Disposition Agreement (TDA) with the Soboba Band of Luiseño Indians to address treatment and disposition of archaeological/cultural resources and human remains associated with Soboba Band of Luiseño Indians that may be uncovered or otherwise discovered during ground disturbing activities related to the project. The TDA may establish provisions for tribal monitors. Project Proponent Prior to any earthmoving activity (demolition, grading and/or construction Provide the City with a copy of the executed agreement Planning Department MM CR-4: In the event of the discovery of human remains, the County coroner shall be immediately notified. If human remains of Native American origin are discovered during ground-disturbing activities, the applicant shall comply with the state relating to the disposition of Native American burials that fall within the jurisdiction of the NAHC (PRC Section 5097). According to California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100), and disturbance of Native American cemeteries is a felony (Section 7052). Section 7050.5 requires that excavation be stopped in the vicinity of discovered human remains until the coroner can determine whether the remains are those of a Native American. If the remains are determined to be Native American, the Project Proponent Archaeologist Native American Monitor During earthmoving activities Notification to the County Coroner and Planning De- partment. Planning Department 4.3.l Packet Pg. 314 Attachment: 12. Mitigation Monitoring and Reporting Program (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7,4.2.e Packet Pg. 310 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD3.A.4.e Packet Pg. 327 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR GPA 16-01, CZ 16-01 TPM 37099 SPDR 16-07 MUP 16-02, 16-03, AND 16-04 City of San Jacinto Page 8 of 10 California Native American Heritage Commission and the Soboba Band of Luiseño Indians shall be notified and appropriate measures provided by State law shall be implemented to determine the most likely living descendant(s). Disposition of the remains shall be overseen by the most likely living descendants to determine the most appropriate means of treating the human remains and any associated grave artifacts. Paleontological Resources MM CR-5 A Paleontological Resource monitoring Program (PRMP) shall be designed for project construction. The PRMP should include protocol for monitoring of excavations having the potential to disturb Pleistocene sediments, testing of sediments for microvertebrate fossils, preparation and curation of specimens collected, and preparation of a final report in accordance with the guidelines of Society Vertebrate Paleontology Project proponent Paleontologist Prior to issuance of a grading permit Provide the City with a copy of the PRMP Planning Department MM CR-6 If paleontological resources are encountered during grading, ground disturbance activities shall cease so a qualified paleontological monitor can evaluate any paleontological resources exposed during the grading activity. If paleontological resources are encountered, adequate funding shall be provided by the developer to collect, curate and report on these resources to ensure the values inherent in the resources are adequately characterized and preserved. Collected specimens will be sent to the appropriate authorities for collection. If any specimens are collected, the Western Science Center in Hemet shall be contacted for proper curation. Project paleontologist During grading operations Notification to the Planning Department Planning Department 4.3.l Packet Pg. 315 Attachment: 12. Mitigation Monitoring and Reporting Program (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7,4.2.e Packet Pg. 311 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD3.A.4.e Packet Pg. 328 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR GPA 16-01, CZ 16-01 TPM 37099 SPDR 16-07 MUP 16-02, 16-03, AND 16-04 City of San Jacinto Page 9 of 10 IX HYDROLOGY HYD-1: Prior to the approval of the grading permit, the project applicant shall be required to prepare a stormwater pollution prevention plan (SWPPP) consistent with the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2010-0014-DWQ), which is to be administered through all phases of grading and project construction. The SWPPP shall incorporate best management practices (BMPs) to ensure that potential off-site water quality impacts during construction phases are minimized. The SWPPP shall be submitted for review to the Regional Water Quality Control Board and to the City of San Jacinto. A copy of the SWPPP must be kept accessible on the project site at all times. In addition, the project applicant will be required to submit, and obtain City Engineering approval of, a Water Quality Management Plan prior to the issuance of any building or grading permit in order to comply with the Areawide Urban Runoff Management Program. The project shall implement site design BMPs, source control BMPs, and treatment control BMPs as identified in the Water Quality Management Plan. Site design BMPs shall include, but are not limited to, landscape buffer areas, on-site ponding areas, roof and paved area runoff directed to vegetated areas, and vegetated swales. Treatment control BMPs shall include vegetated swales and water quality basin. HYD-2: Prior to the issuance of any permits, the availability to serve the proposed development, including domestic and fire flow supply, must be reaffirmed by the Eastern 4.3.l Packet Pg. 316 Attachment: 12. Mitigation Monitoring and Reporting Program (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7,4.2.e Packet Pg. 312 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD3.A.4.e Packet Pg. 329 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR GPA 16-01, CZ 16-01 TPM 37099 SPDR 16-07 MUP 16-02, 16-03, AND 16-04 City of San Jacinto Page 10 of 10 Municipal Water District, and a water supply service plan shall be approved between the developer and EMWD. XII NOISE MM N-1: Construction operations must follow the City’s General Plan and the Noise Ordinance, which states that construction, repair or excavation work performed must occur within the permissible hours. To further ensure that construction activities do not disrupt the adjacent land uses, the following measures should be taken: 1. Construction should occur during the permissible hours as defined in Section 8.40.090. 2. During construction, the contactor shall ensure all construction equipment is equipped with appropriate noise attenuating devices. 3. The contractor should locate equipment staging areas that will create the greatest distance between construction- related noise/vibration sources and sensitive receptors nearest the project site during all project construction. 4. Idling equipment should be turned off when not in use. 5. Equipment shall be maintained so that vehicles and their loads are secured from rattling and banging. Project Proponent During Construction Should complaints arise the City will ask for verification of equipment Building Department MM N-2: Prior to obtaining building permits, the applicant shall provide an interior acoustic isolation analysis verifying separating assemblies (e.g. demising wall and floor/ceiling assemblies) for the senior housing and hotel meet Title 24 STC/IIC sound attenuation requirement as outlined within Chapter 12, Section 1207 of the 2013 California Building Code. Project proponent Prior to issuance of building permits Submit interior acoustic isolation analysis Building Department MM N-3: An exterior post-construction acoustical study shall be prepared for review and approval by staff to assure that Project proponent Prior to issuance of Acoustical analysis 4.3.l Packet Pg. 317 Attachment: 12. Mitigation Monitoring and Reporting Program (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7,4.2.e Packet Pg. 313 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD3.A.4.e Packet Pg. 330 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR GPA 16-01, CZ 16-01 TPM 37099 SPDR 16-07 MUP 16-02, 16-03, AND 16-04 City of San Jacinto Page 11 of 10 noise from the proposed car wash into adjoining property will comply with the Section 8.40.090 of the Municipal Code. Appropriate noise attenuation measures shall be recommended and incorporated into the project design to maintain a noise level of 65 dba or less extending off site. building permits Building Department XIII POPULATION AND HOUSING MM PH 1: Prior to the issuance of any permits, an improvement plan shall be submitted for City review and approval that addresses the termination and landscaping design of Cornflower Avenue and Poppy Street in compliance with City standards. Project proponent Prior to issuance of any permits Termination plan Planning and Engineering Departments IV PUBLIC SERVICES MM PS-1: Prior to the issuance of any permits, the availability to serve the proposed development, including domestic and fire flow supply, must be confirmed through a water supply service agreement with the Eastern Municipal Water District. Project proponent Prior to issuance of any permits Service agreement with EMWD. Planning and Public Works Departments. XV RECREATION MM R-1: Prior to the issuance of any permits, detailed landscape and improvements plans shall be submitted for staff review and approval encompassing the exterior recreation and open space serving the senior residential area. These plans shall address fencing locations and materials as well as amenities serving the senior housing and commercial center in accordance with the conditions of approval. Project proponent Prior to issuance of any permits Landscape and irrigation improvement plans Planning Department MM R-2: Prior to the issuance of any permits, floor plans and any interior common amenities within the hotel shall be Project Proponent 4.3.l Packet Pg. 318 Attachment: 12. Mitigation Monitoring and Reporting Program (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7,4.2.e Packet Pg. 314 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD3.A.4.e Packet Pg. 331 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR GPA 16-01, CZ 16-01 TPM 37099 SPDR 16-07 MUP 16-02, 16-03, AND 16-04 City of San Jacinto Page 12 of 10 submitted for staff review and approval to demonstrate compliance with Section 17.430.310 of the Development Code. Prior to issuance of any permits Interior amenity plan Planning Department XVI TRANSPORTATION MM T-1 Sanderson Avenue/Ramona Expressway: The proposed SR-79 realignment project, currently in the environmental review phase, will realign SR-79 between Domenigoni Parkway and Gilman Springs Road as a freeway facility, which will reduce traffic volumes at the Sanderson Avenue/Ramona Expressway intersection and supersede the need for any further widening of the intersection. This project is funded in part with TUMF fees. Therefore, compliance with Mitigation Measure T-4 will reduce this impact to a level of insignificance. RCTC and City of San Jacinto Prior to occupancy of hotel SR-79 construction schedule Engineering Department MM T-2 San Jacinto Avenue/Ramona Expressway: Improve the westbound Ramona Expressway approach from one left- turn lane and two through lanes to two left-turn lanes and two through lanes. Improve the northbound San Jacinto Avenue approach from one left-turn lane and one right-turn lane to two left-turn lanes and one right-turn lane with overlap signal phasing. Improve the eastbound right-turn approach to include right-turn overlap signal phasing. These improvements shall be constructed by the developer prior to the issuance of any building permits. Project proponent Prior to building permits Improvements constructed Engineering Department MM T-3 San Jacinto Avenue/Main Street-Ramona Boulevard: Improve the eastbound Main Street approach from one shared left-through-right-turn lane to one left-turn lane and one through/right-turn lane. Improve the westbound Main Street approach from one shared left- 4.3.l Packet Pg. 319 Attachment: 12. Mitigation Monitoring and Reporting Program (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7,4.2.e Packet Pg. 315 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD3.A.4.e Packet Pg. 332 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR GPA 16-01, CZ 16-01 TPM 37099 SPDR 16-07 MUP 16-02, 16-03, AND 16-04 City of San Jacinto Page 13 of 10 through-right turn lane to one left-turn lane and one through/right-turn lane. Improve the northbound San Jacinto Avenue approach from one left-turn lane and one through/right-turn lane to one left-turn lane, one left turn/through lane and one through/right-turn lane. Improve the southbound San Jacinto Avenue approach from one left- turn/through lane and one right-turn lane to one left- turn/through lane, one through lane and one right-turn lane. Improve southbound San Jacinto Avenue south of the intersection to allow for two receiving lanes for the recommended westbound dual left-turn lane. These improvements shall be constructed by the developer prior to the issuance of any building permits. Project proponent Prior to building permits Improvements constructed Engineering Department MM T-4: The applicant shall participate in the funding or construction of regional improvements, including the SR 79 freeway upgrade, that are needed to serve cumulative traffic conditions through the payment of the Transportation Uniform Mitigation Fees (TUMF) and City of San Jacinto Development Impact Fees (DIF) or a fair share contribution as directed by the City. These fees are collected prior to the issuance of occupancy permits as part of a funding mechanism aimed at ensuring that regional highways and arterial expansions keep pace with projected population increases. Project proponent Prior to building permits Payment of fees Engineering Department 4.3.l Packet Pg. 320 Attachment: 12. Mitigation Monitoring and Reporting Program (GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7,4.2.e Packet Pg. 316 Attachment: Planning Commission Staff Report - March 18, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD3.A.4.e Packet Pg. 333 Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 4.2.fPacket Pg. 317Attachment: Public Comments Received After Planning Commission Hearing (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-3.A.4.ePacket Pg. 334Attachment: City Council Staff Report - April 2, 2019 (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) 3.A.4.f Packet Pg. 335 Attachment: Public Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page ! of !1 14 March 7, 2019 VIA EMAIL David Leonard, Contract Planner City of San Jacinto 595 S. San Jacinto Avenue San Jacinto, CA 92583 leonarddla@earthlink.net SUBJECT: COMMENTS ON KPC PROMENADE PROJECT MND (SCH NO. 2019011056) To whom it may concern: Thank you for the opportunity to comment on the Mitigated Negative Declaration (MND) for the proposed KPC Promenade Project. Please accept and consider these comments on behalf of Golden State Environmental Justice Alliance. Also, Golden State Environmental Justice Alliance formally requests to be added to the public interest list regarding any subsequent environmental documents, public notices, public hearings, and notices of determination for this project. Send all communications to Golden State Environmental Justice Alliance P.O. Box 79222 Corona, CA 92877. 1.0 Summary As we understand it, the project proposes the development of the existing vacant 22.43 net acre site with a total of 114 active senior apartments with a 9650 SF clubhouse/office, garden area, pet area with outdoor restrooms, pool and spa, and two bocce ball courts. The development includes 69 1-bedroom units and 45 2-bedroom units. Parking is provided for 114 residents, 12 guests, and 12 employees totaling 138 spaces. The design of the senior housing severs circulation 3.A.4.f Packet Pg. 336 Attachment: Public Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page ! of !2 14 patterns that were constructed for the adjoining single family development. Cornflower Avenue and Poppy Street in the adjacent residential community will be terminated as part of the proposed project. The project includes a remainder parcel which has recorded residential lots established by Tract 32053 A 120-room hotel with associated amenities is also proposed. A 6,200 square foot urgent care medical office building is proposed along Main Street. Four commercial pads are proposed along Ramona Expressway (SR-79) that would include a 5,000 square foot full service restaurant, a 4,300 square foot drive-through restaurant, a 3,500 square foot drive-through restaurant, and a combination retail and restaurant building totaling 6,300 square foot. A 16 fuel pump service station with a 3,500 square foot convenience store and car wash is proposed along the northern boundary along Ramona Expressway. A 0.85 acre retention basin is planned along the northwest area of the project to collect surface flows from within the project area. The basin will be privately maintained. The basin includes a spillway that will convey excess flows to a basin west of the site within Tract 32053. Discretionary actions required to implement the proposed project include: (1)General Plan Amendment (Case No 16-1), to change the existing land use designation of the San Jacinto General Plan from Low Density Residential (LDR) to Community Commercial (CC) (2)Change of Zone (Case No. 16-1) to change the existing zoning designation from Residential Low Density (RL) to General Commercial (CG) (3)Tentative Parcel Map 37099 to divide the property into nine parcels that reflect the design of the site plan. (4)Site Plan and Design Review Case No. 16-7, Minor Use Permit 16-2 (senior housing development), Minor Use Permit 16-3 (service station), and Minor Use Permit 16-4 (Drive through restaurants) III. Air Quality The project proposes to amend the existing General Plan land use designation from Low Density Residential to Community Commercial. Chapter 12 of the 1993 SCAQMD CEQA Air Quality 3.A.4.f Packet Pg. 337 Attachment: Public Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page ! of !3 14 Handbook provides consistency determinations for development proposals that differ from the land use designation assumed within SCAQMD 2016 Air Quality Management Plan (AQMP). The CEQA Air Quality Handbook indicates that consistency with AQMP growth assumptions must be analyzed for new or amended General Plan elements, Specific Plans, and significant projects. The MND does not provide any statement regarding the inconsistency between the proposed project and the project site’s existing General Plan Land Use designation. The MND concludes the project “would be consistent with the future General Plan land use designation. Therefore, it is not anticipated that the project would exceed the AQMP assumptions for the project site, and is found to be consistent with the AQMP for the second criterion.” The MND does not discuss the project’s inconsistency with the existing General Plan Land Use designation, which is also utilized by SCAG for the Regional Transportation/Sustainable Communities Strategy (RTP/SCS) analysis. The MND is misleading to the public and decision makers by concluding that the project’s consistency with the future General Plan Land Use designation means it is consistent with SCAG’s RTP/SCS and the AQMP. The existing General Plan Land Use (Low Density Residential) was analyzed in SCAG’s RTP/SCS, not the proposed Community Commercial designation. The project is not consistent with the AQMP or SCAG’s RTP/SCS and a finding of significance must be made. The MND is misleading and avoids providing meaningful analysis regarding the General Plan consistency requirement because the project requires a General Plan Amendment to be implemented. An EIR must be prepared which provides meaningful analysis of the proposed project’s inconsistency with the 2016 AQMP to disclose the potentially significant Air Quality Impacts to the public and decision makers. Further, General Plan Land Use Element Table LU-3 Development Capacity projects 0 dwelling units in the Community Commercial land use designation. The project proposes 114 senior apartment dwelling units. The MND does not provide any analysis or discussion of the project’s conflict with this projection. The MND is inadequate as an informational document and does not provide meaningful analysis regarding how the proposed project will not conflict with the goals and policies of the General Plan Land Use Plan and SCAG’s (RTP/SCS) analysis. The MND states that analysis of several pollutants that are included in California Standards for Ambient Air Quality were not included in the Air Quality Analysis (AQA). For example, the AQA does not analyze lead or hydrogen sulfide because “the project is not anticipated to emit lead” and the project “would not generate hydrogen sulfide in any substantial quantity.” The MND utilizes uncertain language in its methodology and an EIR must be prepared to provide supporting evidence for these assertions. 3.A.4.f Packet Pg. 338 Attachment: Public Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page ! of !4 14 Further, Table 2 Regional Significance - Construction Emissions (pounds/day) in the MND (listed as Table 8 in the Air Quality Analysis as pictured below) includes emissions analysis of overlapping construction phases (construction, architectural coatings, and paving phases). However, the CalEEMod Output Sheets included in the Air Quality Analysis do not model overlap of any construction phases. 3.A.4.f Packet Pg. 339 Attachment: Public Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page ! of !5 14 The MND’s conclusion that overlapping phases will not exceed SCAQMD thresholds for emissions is not supported by evidence or analysis included in the AQA. An EIR must be prepared which provides the modeling analysis for the overlap of construction phases. Section 8.40.090(A) of the San Jacinto Municipal Code (SJMC) prohibits construction activity between the hours of 7:00 P.M. and 7:00 A.M. Monday through Saturday. All such activities are also prohibited on Sundays. Thus, the legal hours of construction in the City of San Jacinto are 7:00 A.M. - 7:00 P.M., Monday - Saturday. The MND does not provide a “worst-case scenario” analysis of construction equipment emitting pollutants for the legal 12 hours per day. It is legal for construction to occur for much longer hours and an additional day (6 days per week including Saturday) than modeled in the Air Quality Analysis. The Air Quality modeling must be revised to account for these legally possible longer construction days and increased number of construction days. If shorter hours of construction are proposed by the project, this must be reflected in the MND analysis and included as an enforceable mitigation measure with field verification by an enforcement entity of the lead agency (CEQA § 21081.6 (b)). The MND includes Mitigation Measure (MM) AQ-1 which states: MM AQ-1: The project is required during grading to limit the daily disturbance area of 5 acres or less. However, MM AQ-1 is unenforceable as there is no enforcement entity, field verification, or lead agency oversight component. An EIR must be prepared with revised Mitigation Measures to include consistent and timely verification of compliance by the Lead Agency throughout the duration of project construction in order to comply with CEQA § 15126.4 (a)(2). IV. Biological Resources According to the technical Biological Appendix preliminary survey conducted on January 26, 2016, “A pair of burrowing owls were observed on site. At the time of the survey, they had taken up residence in a set of abandoned Beechey ground squirrel burrows.” During the pre- construction survey on August 26, 2016, “The burrowing owl burrows had been artificially filled in and the burrowing owl pair was no longer resident at the location of the burrows where they were observed previously. The field team inspected other previously unoccupied burrows, but there was no sign of the burrowing owl pair or any other burrowing owls.” The Appendix concludes that “Due to the nature of the damage to the burrows, it was impossible to determine if 3.A.4.f Packet Pg. 340 Attachment: Public Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page ! of !6 14 the burrows had been filled in before the animals had left or after” and no burrowing owls were resident on the site. The Appendix describes the burrows as filled in “artificially”, meaning they were not filled in intentionally by the burrowing owls. The Appendix does not describe the observation and presence of any species at the site that would be a threat to the burrowing owl as supporting evidence for the burrow fill. The artificial fill of the burrows are implementation of the project without CEQA review. The MND concludes that because the burrowing owls were not present on the site during the preconstruction survey on August 26, 2016, no mitigation is required. This conflicts with the recommended mitigation included in the technical Biological Appendix which states: • A pre-construction burrowing owl survey following the recommended guidelines of the MSHCP be conducted. • If BUOW are found during the MSHCP-required 30-day pre-construction survey, the project proponent should immediately inform the Regional Conservation Authority (RCA) and the Wildlife Agencies, and would need to coordinate further with RCA and the Wildlife Agencies, with the possibility for preparation of a Burrowing Owl Protection and Relocation Plan to be reviewed and approved prior to initiating ground disturbance. At minimum, the recommended mitigation measures in the technical Biological Appendix must be included in a project EIR. The following mitigation measures regarding burrowing owls must also be implemented in a project EIR in order reduce the significant impacts to the burrowing owl: 1.If BUOW are present, Project activities will take place outside the BUOW breeding season (February 1 to August 31), to the greatest extent feasible. 2.If Project activities occur during the breeding season and nesting BUOW are present, a buffer will be flagged and/or fenced for avoidance in all Project areas within the vicinity of the burrow according to the buffer distances recommended by the CA Department of Fish and Wildlife (CDFW) Staff Report and RCA guidelines. 3.In the event that an active BUOW burrow is detected during the non-breeding season (September 1 to January 31), a buffer will be flagged and/or fenced for avoidance in all Project areas within the vicinity of the burrow according to the buffer distances recommended by the CDFW Staff Report. 4.Monitoring will be conducted to ensure the appropriate buffers, as determined by an approved qualified biologist, are adhered to by construction personnel and that they are adequate to provide the necessary protection. When construction activities commence 3.A.4.f Packet Pg. 341 Attachment: Public Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page ! of !7 14 adjacent to the buffer area, a qualified biologist will be present on-site during all construction activities to monitor the behavior of BUOW for at least 3 days. The qualified biologist will have the authority to increase the setback distance and/or halt construction activities if there are signs of disturbance, such as changes in behavior as a result of construction or other indications of distress by BUOW. If the type of construction activity adjacent to the buffer increases in intensity, an additional 3 day monitoring period will be implemented to ensure the buffer is adequate under the changed circumstances. 5.If BUOW occupancy on site is confirmed and relocation is necessary, CDFW will be notified and the BUOW exclusion procedures will be implemented, per recommendations set forth by the CDFW Staff Report. X. Land Use and Planning Threshold A The MND concludes that “the location is along the perimeter of an established community along a major transportation corridor and the San Jacinto River” resulting in a less than significant impact. However, the MND does not provide any evidence or analysis to support this conclusion. An EIR must be prepared which includes this analysis. This is especially necessary as the MND states “the design of the senior residential housing severs circulation patterns that were partially constructed for the adjoining single family development.” The MND does not discuss the termination of Cornflower Avenue and Poppy Street in the adjacent residential community, or the impact of the proposed project on the recorded residential lots established by Tract 32053 on the remainder parcel, which could have potentially significant impacts. An EIR must be prepared which provides this analysis in order to comply with CEQA’s requirements for meaningful disclosure. Threshold B The MND states that “The project site is designated for single family residential development within the existing General Plan and Zoning Map. A General Plan Amendment and change of zone applications have been filed in conjunction with development plans to establish a commercial zoning designation that reflects the proposed development and the emerging development pattern in the area. The General Plan Amendment would have to be approved in order for other applications to be approved.” However, the MND does not provide any supporting evidence or meaningful analysis to support this conclusion. The San Jacinto General Plan provides policies and guidance regarding land use in the City, but there the MND does not include discussion of any General Plan goals or policies in relation with the proposed project. 3.A.4.f Packet Pg. 342 Attachment: Public Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page ! of !8 14 Notably, General Plan Land Use Element Table LU-3 Development Capacity projects 0 dwelling units in the Community Commercial land use designation. The project proposes 114 senior apartment dwelling units. The MND does not provide any analysis or discussion of the project’s conflict with this projection. The MND is inadequate as an informational document and does not provide meaningful analysis regarding how the proposed project will not conflict with the goals and policies of the General Plan Land Use Plan. Threshold C Again, the MND concludes that because the burrowing owls were not present on the site during the preconstruction survey on August 26, 2016, no mitigation is required. This conflicts with the recommended mitigation included in the technical Biological Appendix. The same burrowing owl mitigation measures suggested in the Biological Resources section of this comment letter must also be applied in the Land Use and Planning section of a project EIR. XII. Noise The MND is erroneous and inadequate as an informational document. The MND states as a “Finding of Fact” that “Section 8.40.090 of the noise ordinance allows for construction to occur between the hours of 7:30 a.m. to 6:00 p.m. on weekdays. On the weekends construction must not create or produce loud noise that disrupts a person of normal sensitivity who works or resides in the vicinity, or a peace officer, on any weekend of federal holiday.” This statement is not accurate and does not reflect the text of SJMC Section 8.40.090 - Construction activity noise regulations: A. Weekdays and Saturdays. No person shall engage in construction, remodeling, digging, grading, demolition or any other related building activity, nor shall operate any tool, equipment or machine, on any weekday or Saturday except between the hours of seven a.m. and seven p.m. Thus, the legal hours of construction in the City of San Jacinto are 7:00 A.M. - 7:00 P.M., Monday - Saturday. The MND is inadequate as an informational document and cannot be relied upon by the public or decision makers. An EIR must be prepared and circulated for public review. Further, the technical Acoustic Study did not analyze any sensitive receptors to the south of the project site across Main Street. An EIR must be prepared and circulated for public review which includes analysis of the existing residences south of the project site across Main Street. 3.A.4.f Packet Pg. 343 Attachment: Public Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page ! of !9 14 The technical Acoustic Study includes basic information regarding construction noise, but does not include any analysis of the project’s potentially significant construction noise impacts. The Acoustic Study asserts that the “degree of construction noise may vary for different areas of the project site and also vary depending on the construction activities. Noise levels associated with the construction will vary with the different phases of construction.” There is no quantified analysis of the project’s construction noise levels and how it may impact sensitive receptors or exceed exterior/interior noise standards set by the City of San Jacinto in the General Plan or Section 8.40 - Noise Control of the Municipal Code. Even though the technical Acoustic Study does not include construction analysis, the MND makes its own threshold that construction noise “would be considered significant if construction activities are taken outside the allowable times as described in the City’s Municipal Code.” The MND states that “construction noise will have a temporary or periodic increase in the ambient noise level above the existing within the project vicinity” but does not provide supporting evidence to demonstrate that these increases do not exceed the maximum 65 dBA exterior noise level and 45 dBA interior noise level for the nearby single family home sensitive receptors as outlined by the San Jacinto Municipal Code. An EIR must be prepared for the project which includes an adequate, quantifiable construction noise analysis. The MND includes Mitigation Measures (MM) N-1, N-2, and N-3. However, these Mitigation Measures are unenforceable as there is no enforcement entity, field verification, or lead agency oversight component. An EIR must be prepared with revised Mitigation Measures to include consistent and timely verification of compliance by the Lead Agency throughout the duration of project construction in order to comply with CEQA § 15126.4 (a)(2). N-1: Construction operations must follow the City’s General Plan and the Noise Ordinance, which states that construction, repair or excavation work performed must occur within the permissible hours. To further ensure that construction activities do not disrupt the adjacent land uses, the following measures should be taken: 1. Construction should occur during the permissible hours as defined in Section 8.40.090. 2. During construction, the contactor shall ensure all construction equipment is equipped with appropriate noise attenuating devices. 3. The contractor should locate equipment staging areas that will create the greatest distance between construction-related noise/vibration sources and sensitive receptors nearest the project site during all project construction. 4. Idling equipment shall be turned off when not in use. 3.A.4.f Packet Pg. 344 Attachment: Public Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page ! of !10 14 5. Equipment shall be maintained so that vehicles and their loads are secured from rattling and banging. MM N-1 utilizes uncertain language by stating that construction “should” occur during the permissible hours of construction in the City and the contractor “should” locate equipment staging furthest from sensitive receptors. MM N-1 must be revised to utilize enforceable language which requires the project to adhere to these guidelines during construction instead of merely suggestive and uncertain language. Further, it must be revised to include a contact name and phone number for a lead agency enforcement entity to report violations or work conducted outside of the legal hours of construction in order to comply with CEQA § 15126.4 (a)(2). N-2: Prior to obtaining building permits, the applicant shall provide an interior acoustic isolation analysis verifying separating assemblies (e.g. demising wall and floor/ceiling assemblies) for the senior housing and hotel meet Title 24 STC/IIC sound attenuation requirement as outlined within Chapter 12, Section 1207 of the 2013 California Building Code. MM N-2 represents deferred mitigation as the interior acoustical analysis is not required until the applicant wishes to obtain building permits. The interior acoustical analysis will not be made available for public review through this MM, which is implementation of the project without CEQA review. An EIR must be prepared for the project which includes the interior acoustical analysis for public review. N-3: An exterior post-construction acoustical study shall be prepared for review and approval by staff to assure that noise from the proposed car wash into adjoining property will comply with the Section 8.40.090 of the Municipal Code. Appropriate noise attenuation measures shall be recommended and incorporated into the project design to maintain a noise level of 65 dba or less extending off site. MM N-3 represents deferred mitigation. The post-post-construction acoustical analysis will not be made available for public review through this MM, which is implementation of the project without CEQA review. An EIR must be prepared for the project which includes an acoustic study of an existing car wash that operates in similar conditions as supporting evidence to provide an accurate estimation of the potential noise impacts from the proposed car wash on nearby sensitive receptors. 3.A.4.f Packet Pg. 345 Attachment: Public Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page ! of !11 14 XIII. Population and Housing Threshold A The MND does not address the potentially significant impacts related to inducing substantial population growth in an area, either directly or indirectly. The MND does not give a population estimate based on the existing General Plan/Zoning designations in comparison to the proposed General Plan/Zoning designations. The MND simply states that the “proposed project will introduce a multiple family density of 16 units per acre that adjoins land containing recorded lots for single family density at 4 units per acre.” This statement does not provide any meaningful analysis or supporting evidence to conclude there will not be direct or indirect substantial population growth in the area. The MND also does not discuss that the population growth will exceed SCAG’s projections because the proposed project requires a General Plan Amendment to be implemented in order to increase the allowable density of the project site which in turn increases the number of units assumed at General Plan Build Out by SCAG. SCAG’s 2016 RTP/SCS population projections utilized the existing San Jacinto General Plan Land Use designations for analysis. The MND fails to discuss or analyze this fact. An EIR must be prepared and circulated for public review to include this analysis in order to present the project’s potentially significant impacts and be an adequate informational document. The EIR must analyze the potentially significant impacts related to direct and indirect population growth resulting from development of the project and proposed land use policy changes. XVI. Transportation/Traffic The technical Transportation/Traffic Analysis does not include the proposed car wash in trip generation estimates for the project. An EIR must be prepared which includes the proposed car wash in trip generation estimates in order to accurately analyze traffic impacts. Threshold B The MND states that the realignment of “SR-79 between Domenigoni Parkway and Gilman Springs Road as a freeway facility will reduce traffic volumes at the Sanderson Avenue/Ramona Expressway intersection and produce an acceptable level of service” for the proposed project. The MND continues by stating that “Mitigation Measure T-1 requires that improvement to be in place prior to the occupancy of the hotel,” meaning that the hotel must remain vacant after construction until the SR-79 realignment is completed by Caltrans and the Riverside County 3.A.4.f Packet Pg. 346 Attachment: Public Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page ! of !12 14 Transportation Commission (RCTC). However, the MND is not internally accurate as MM T-1 does not include this requirement as outlined by the MND’s discussion. MM T-1 states: MM T-1 Sanderson Avenue/Ramona Expressway: The proposed SR-79 realignment project, currently in the environmental review phase, will realign SR-79 between Domenigoni Parkway and Gilman Springs Road as a freeway facility, which will reduce traffic volumes at the Sanderson Avenue/Ramona Expressway intersection and supersede the need for any further widening of the intersection. This project is funded in part with TUMF fees. Therefore, compliance with Mitigation Measure T-4 will reduce this impact to a level of insignificance. According to the Riverside County Transportation Commission, the SR-79 project is still in the pre-construction phase and “the funding sources are currently funded far below historical levels. Until additional funding is available, RCTC cannot proceed with right-of-way acquisition or construction of the project .” It is uncertain mitigation to require completion of the SR-79 1 realignment before the hotel may be issued a certificate of occupancy and begin operations. There is no evidence that the SR-79 realignment will be completed in any reasonable time period and the improvements are beyond the jurisdiction of the City. If the hotel is constructed, it must be left vacant until the SR-79 realignment is completed according to the MND (which is not internally accurate as MM T-1 does not include this requirement as outlined by other text in the MND). The MND attempts to mitigate the impacts to Sanderson Avenue/Ramona Expressway with uncertain mitigation. An EIR must be prepared for the project which includes enforceable mitigation that will reasonably result in quantifiably reduced traffic impacts. The MND also concludes that implementation of Mitigation Measure T-4 will mitigate the cumulatively significant impacts at study intersections. However, MM T-4 requires the project applicant to contribute funds towards the SR-79 freeway upgrade, which is under Caltrans jurisdiction. MM T-4: The applicant shall participate in the funding or construction of regional improvements, including the SR 79 freeway upgrade, that are needed to serve cumulative traffic conditions through the payment of the Transportation Uniform Mitigation Fees (TUMF) and City of San Jacinto Development Impact Fees (DIF) or a fair share contribution as directed by the City. Riverside County Transportation Commission https://www.rctc.org/projects/sr-79-realignment-project/ 1 3.A.4.f Packet Pg. 347 Attachment: Public Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page ! of !13 14 An assessment of fees is appropriate when linked to a specific mitigation program. (Anderson First Coalition v. City of Anderson (2005) 130 Cal.App.4th 1173, Save our Peninsula Comm. v. Monterey County Bd. Of Supers. (2001) 87 Cal.App.4th 99, 141.) Payment of fees is not sufficient where there is no evidence mitigation will actually result. (Gray v. County of Madera (2008) 167 Cal.App.4th 1099,1122.) The assessment of fees here is not adequate as there is no evidence mitigation will actually result. The improvements to the SR-79 freeway will be completed by Caltrans which is beyond the jurisdiction of the City of San Jacinto. The MND includes uncertain mitigation as the completion of the necessary improvements are beyond the jurisdiction of the lead agency. An EIR must be prepared for the project which includes enforceable mitigation that will reasonably result in quantifiably reduced traffic impacts. The Traffic Study Appendix includes Exhibit 7 - Cumulative Project Map and Table 12 - Summary of Cumulative Projects which do not indicate the city each cumulative project is located in. 39 of the 45 projects do not include a name of each project either, only an acronym for what can be assumed to be a zoning case number or tract number. The project site is adjacent to the borders of Hemet and Riverside County land, and the public cannot clearly determine which of these projects in each of those jurisdiction. Exhibit 7 is illegible and does not include street names in order for the public to located each project. Additionally, the traffic study utilizes an arbitrary 3 mile radius of the project site without discussion for why this radius is appropriate. This does not comply with CEQA’s requirements for meaningful disclosure and an EIR must be prepared which includes this information. XVII. Mandatory Findings of Significance Threshold A Again, the MND does not include mitigation measures related to the burrowing owls found on the project site. This conflicts with the recommended mitigation included in the technical Biological Appendix. The analysis here does not discuss the burrowing owl at all. An EIR must be prepared for the project with analysis of impacts upon wildlife resources, including the burrowing owl which was found on the project site. Threshold C The analysis here must focus on the threshold which analyzes impacts that are individually limited, but cumulatively considerable. The MND does not analyze impacts from all environmental categories, but instead states that they are not cumulatively significant because none of the project-level significance thresholds will be exceeded. This is counter to the threshold for analysis which includes “impacts that are individually limited.” The MND also 3.A.4.f Packet Pg. 348 Attachment: Public Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) Page ! of !14 14 references adoption of the San Jacinto General Plan EIR, for which “the City Council adopted a Statement of Overriding Considerations that determined that the benefits accrued through the build-out of the SJGP overrode the resulting impacts” and analyzes the “relationship of certain potentially significant impacts from the proposed project to the SJGP EIR” in this section. The MND does not consider that the General Plan did not include the proposed project because the project requires a General Plan Amendment in order to be implemented. An EIR must be prepared which includes cumulative analysis and modeling for all environmental factors. This is especially true given a lead agency's ability to approve a project notwithstanding significant environmental impacts. The EIR must be revised to include information to support the claim that cumulative impacts will be less than significant. Conclusion For the foregoing reasons, GSEJA believes the MND is flawed and an EIR must be prepared for the proposed project and circulated for public review. Golden State Environmental Justice Alliance requests to be added to the public interest list regarding any subsequent environmental documents, public notices, public hearings, and notices of determination for this project. Send all communications to Golden State Environmental Justice Alliance P.O. Box 79222 Corona, CA 92877. Sincerely, Board of Directors Golden State Environmental Justice Alliance 3.A.4.f Packet Pg. 349 Attachment: Public Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) 3.A.4.f Packet Pg. 350 Attachment: Public Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) KPC Promenade Mixed Use Development Response to Comments City of San Jacinto KPC Promenade March 2019 Response to Comments Page 1 of 24 City of San Jacinto RESPONSE TO COMMENTS ON THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR KPC PROMENADE MIXED USE DEVELOPMENT Planning Application Numbers General Plan Amendment (GPA) 16-1 Change of Zone (CZ) 16-1 Planned Development Permit (PDP) 18-1 Minor Use Permit (MUP) 16-2 (Senior Housing) Minor Use Permit (MUP) 16-3 Service Station Minor Use Permit (MUP) 16-4 Drive Through Restaurants Tentative Parcel Map (TTM) 37099 SCH# 2019011056 LEAD AGENCY: CITY OF SAN JACINTO 595 S. San Jacinto Avenue San Jacinto, CA 92583 March 2019 3.A.4.g Packet Pg. 351 Attachment: Responses to Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) City of San Jacinto KPC Promenade Mixed Use Development March 2019 Response to Comments Page 2 of 24 TABLE OF CONTENTS 1.0 Introduction 1.1 Background of Environmental Review Process for the Project………………. 1.0-1 1.2 Intended Uses of the IS/MND…………………………………………………………1.0-1 1.3 Organization and Scope of this Document …………………………………………..1.0-2 2.0 Comments and Responses to Comments 2.1 List of Commenters……………………………………………………………………. 2.0-1 2.2 Comments and Responses...…………………………………………………………2.0-1 3.A.4.g Packet Pg. 352 Attachment: Responses to Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) City of San Jacinto KPC Promenade Mixed Use Development March 2019 Response to Comments Page 3 of 24 1.0 Introduction This document, in conjunction with the draft Initial Study/Mitigated Negative Declaration (IS/MND), responds to comments made on the proposed KPC Promenade Mixed Use Development. While the State’s California Environmental Quality Act (CEQA) Guidelines do not require a final initial study or the preparation of formal responses to comments on draft initial studies/mitigated negative declarations, in order to provide further disclosure of the project's impacts, the City has determined that it will provide responses to the comments it has received. 1.1 Background of Environmental Review Process for the Project Initial Study The IS/MND was released for public and agency review on February 13, 2019, with the 30-day review period ending on March 13, 2019. The City received two comment letters during this review period. Response to Comments This document provides a response to comments received on the IS/MND. The comment letter is included in Section 2.0, Comments and Responses to Comments. 1.2 Intended Uses of the IS/MND The City of San Jacinto will use the IS/MND in its final form in considering approval of the proposed project. In accordance with CEQA Guidelines Section 15074, the IS/MND will be used as the primary environmental document in consideration of all subsequent planning and permitting actions associated with the project, to the extent such actions require CEQA compliance and as otherwise permitted under applicable law. Consideration of Comments Prior to taking action on the proposed project, the City will consider the IS/MND, this response to comments document, and any additional comments or testimony. Negative declarations and mitigated negative declarations are considered and adopted per CEQA Guidelines Section 15074, which reads as follows: 15074. CONSIDERATION AND ADOPTION OF A NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. (a) Any advisory body of a public agency making a recommendation to the decision-making body shall consider the proposed negative declaration or mitigated negative declaration before making its recommendation. (b) Prior to approving a project, the decision-making body of the lead agency shall consider the proposed negative declaration or mitigated negative declaration together with any comments received during the public review process. The decision-making body shall adopt the proposed negative declaration or mitigated negative declaration only if it finds on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency’s independent judgment and analysis. 3.A.4.g Packet Pg. 353 Attachment: Responses to Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) City of San Jacinto KPC Promenade Mixed Use Development March 2019 Response to Comments Page 4 of 24 (c) When adopting a negative declaration or mitigated negative declaration, the lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. (d) When adopting a mitigated negative declaration, the lead agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to mitigate or avoid significant environmental effects. (e) A lead agency shall not adopt a negative declaration or mitigated negative declaration for a project within the boundaries of a comprehensive airport land use plan or, if a comprehensive airport land use plan has not been adopted, for a project within two nautical miles of a public airport or public use airport, without first considering whether the project will result in a safety hazard or noise problem for persons using the airport or for persons residing or working in the project area. (f) When a non-elected official or decision making body of a local lead agency adopts a negative declaration or mitigated negative declaration, that adoption may be appealed to the agency’s elected decision making body, if one exists. For example, adoption of a negative declaration for a project by a city’s planning commission may be appealed to the city council. A local lead agency may establish procedures governing such appeals. Upon review and consideration of the IS/MND, the City may take action to adopt, revise, or reject the proposed project. A decision to approve the proposed project would be made in a resolution recommending certification of the IS/MND as part of consideration of the proposed project. The City of San Jacinto has prepared this IS/MND and has determined that the environmental impacts of the proposed project have been reduced to a less than significant level through mitigation measures adopted as part of a Mitigation Monitoring and Reporting Program (MMRP). 1.3 Organization and Scope of this Document This document is organized in the following manner: Section 1.0 – Introduction provides an overview of the environmental review process to date and discusses the CEQA requirements for consideration and adoption of a mitigated negative declaration. Section 2.0 – Comments and Responses to Comments lists the commenter, summarizes written comments (numeric code for reference), and includes responses to those comments made on the IS/MND. Section 3.0 – Minor Revisions to the IS/MND provides a list of minor edits made to the IS/MND as a result of comments received or other staff-initiated changes. 3.A.4.g Packet Pg. 354 Attachment: Responses to Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) City of San Jacinto KPC Promenade Mixed Use Development March 2019 Response to Comments Page 5 of 24 2.0 Comments and Responses to Comments 2.1 List of Commenters The following organizations submitted written comments on the IS/MND. Letter Agency, Organization, or Individual Date 1 Linda Lane February 22, 2019 2 Golden State Environmental Justice Alliance March 7, 2019 3 4 2.2 Comments and Responses Responses to Comment Letters Written comments on the draft IS/MND are presented on the following pages, along with responses to those comments. CEQA does not require lead agencies to provide formal responses to comments received on initial studies supporting proposed mitigated negative declarations; however, the City prepared this document to provide responses to comments received on the IS/MND in order to present comprehensive information and disclosure for both the public and the City’s decision-makers. 3.A.4.g Packet Pg. 355 Attachment: Responses to Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) City of San Jacinto KPC Promenade Mixed Use Development March 2019 Response to Comments Page 6 of 24 Linda Lane Comment 1: I am a resident on Dogwood in San Jacinto. The project KPC Promenade will greatly impact my life. Presently this is a quiet neighborhood with only noise from the Ramona Expressway traffic. I have a wonderful view of Mt. San Jacinto and the foothills below. Response: The comment is acknowledged ____________________________________________________________________________ Comment 2: The impact of this project will cause an inordinate amount of noise, an increase of traffic, too much light to enjoy the night sky and a loss of the mountain view. Also, it will cause much more traffic, both auto and foot and I fear an increase of crime in the neighborhood. There are many other places along the expressway where high rise buildings would not impact neighborhoods like this will impact mine. Response: The City required the developer to submit a number of technical reports, including noise and traffic impact studies. These reports did identify potential adverse impacts on the local community that required mitigation measures. A photometric analysis of light and glare is required as a condition of approval (No. 34) before any building permits are issued once building design and construction specifications are known. The applicant has been required to submit photo simulations to identify the extent that views may be adversely impacted by the proposed project. The simulations demonstrate that views of the lower foothills looking east would be impacted, but the mountains and ridgelines would not be impacted. The project will be required to pay development impact fees that, in part, will be used to upgrade police protection services. With the evidence provided by the applicant, and the recommended conditions of approval, staff is able to determine that these adverse impacts can be mitigated to a level of insignificance with the implementation of the recommended mitigation measures. ____________________________________________________________________________ Comment 3: I do not believe that a project such as this should be placed so close to a neighborhood where families live, and children are being raised. I deserve the life-style I have selected which does not include this invasion of my privacy and neighborhood. Response: The proposed project is located at the intersection of two major streets that would permanently impact future residents if the property were to be developed under the existing general plan and zoning residential designations. The design of the project places a senior residential development along the approved residential lots adjoining the west boundary of the project. The existing developed community is separated by distance and further buffered by a proposed medical center. 3.A.4.g Packet Pg. 356 Attachment: Responses to Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) City of San Jacinto KPC Promenade Mixed Use Development March 2019 Response to Comments Page 7 of 24 Golden State Environmental Justice Alliance Air Quality Comments Comment 1: The project proposes to amend the existing General Plan land use designation from Low Density Residential to Community Commercial. Chapter 12 of the 1993 SCAQMD CEQA Air Quality Handbook provides consistency determinations for development proposals that differ from the land use designation assumed within SCAQMD 2016 Air Quality Management Plan (AQMP). The CEQA Air Quality Handbook indicates that consistency with AQMP growth assumptions must be analyzed for new or amended General Plan elements, Specific Plans, and significant projects. The MND does not provide any statement regarding the inconsistency between the proposed project and the project site’s existing General Plan Land Use designation. The MND concludes the project “would be consistent with the future General Plan land use designation. Therefore, it is not anticipated that the project would exceed the AQMP assumptions for the project site, and is found to be consistent with the AQMP for the second criterion.” Response The project does propose to amend the General land use designation from Low Density Residential to Community Commercial, hence the need to conduct an Air Quality study. By updating the General Plan land use to include the amended project, the project is consistent with General Plan by definition. Furthermore, the AQ study compared the project’s emissions to the applicable thresholds of significance and found that the emissions are below the thresholds of significance and was found less than significant as shown in Tables 2, 3, and 4 of the Initial Study. ____________________________________________________________________________ Comment 2: The MND does not discuss the project’s inconsistency with the existing General Plan Land Use designation, which is also utilized by SCAG for the Regional Transportation/Sustainable Communities Strategy (RTP/SCS) analysis. The MND is misleading to the public and decision makers by concluding that the project’s consistency with the future General Plan Land Use designation means it is consistent with SCAG’s RTP/SCS and the AQMP. The existing General Plan Land Use (Low Density Residential) was analyzed in SCAG’s RTP/SCS, not the proposed Community Commercial designation. The project is not consistent w ith the AQMP or SCAG’s RTP/SCS and a finding of significance must be made. The MND is misleading and avoids providing meaningful analysis regarding the General Plan consistency requirement because the project requires a General Plan Amendment to be implemented. An EIR must be prepared which provides meaningful analysis of the proposed project’s inconsistency with the 2016 AQMP to disclose the potentially significant Air Quality Impacts to the public and decision makers. Response: Section 6.5 of the technical AQ report outlines the air quality compliance/consistency as it relates to the AQMP and is provided below: The SCAQMD CEQA Handbook identifies two key indicators of consistency: (1) Whether the project will result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the AQMP. (2) Whether the project will exceed the assumptions in the AQMP in 2012 or increments based on the year of project buildout and phase. Both of these criteria are evaluated in the following sections. 3.A.4.g Packet Pg. 357 Attachment: Responses to Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) City of San Jacinto KPC Promenade Mixed Use Development March 2019 Response to Comments Page 8 of 24 A. Criterion 1 - Increase in the Frequency or Severity of Violations Based on the air quality modeling analysis contained in this Air Analysis, neither short -term construction impacts, nor long-term operations will not result in significant impacts based on the SCAQMD regional and local thresholds of significance. Therefore, the proposed project is not projected to contribute to the exceedance of any air pollutant concentration standards and is found to be consistent with the AQMP for the first criterion. B. Criterion 2 - Exceed Assumptions in the AQMP? Consistency with the AQMP assumptions is determined by performing an analysis of the proposed project with the assumptions in the AQMP. The emphasis of this criterion is to ensure that the analyses conducted for the proposed project are based on the same forecasts as the AQMP. The 2012-2035 Regional Transportation/Sustainable Communities Strategy, prepared by SCAG, 2012, consists of three sections: Core Chapters, Ancillary Chapters, and Bridge Chapters. The Growth Management, Regional Mobility, Air Quality, Water Quality, and Hazardous Waste Management chapters constitute the Core Chapters of the document. These chapters currently respond directly to federal and state requirements placed on SCAG. Local governments are required to use these as the basis of their plans for purposes of consistency with applicable regional plans under CEQA. For this project, the City of San Jacinto Land Use Plan defines the assumptions that are represented in the AQMP. The existing General Plan land use designation for the site is residential use. The project proposes a zoning change to general commercial and includes the construction and operation of a retail space, a 16 pump fueling-position service station with convenience market and car wash, table service restaurant, fast-food restaurants, 120-room hotel, 114 dwelling unit senior residential development and medical office. The proposed project would be consistent with the future General Plan land use designation. Therefore, it is not anticipated that the project would exceed the AQMP assumptions for the project site, and is found to be consistent with the AQMP for the second criterion. Based on the above, the proposed project will not result in an inconsistency with the SCAQMD AQMP. Therefore, a less than significant impact will occur. ____________________________________________________________________________ Comment 3: Further, General Plan Land Use Element Table LU-3 Development Capacity projects 0 dwelling units in the Community Commercial land use designation. The project proposes 114 senior apartment dwelling units. The MND does not provide any analysis or discussion of the project’s conflict with this projection. The MND is inadequate as an informational document and does not provide meaningful analysis regarding how the proposed project will not conflict with the goals and policies of the General Plan Land Use Plan and SCAG’s (RTP/SCS) analysis. Response: Pursuant to Section 17.220.020 of the San Jacinto Development Code, Senior Residential projects are allowed in the Commercial General Zone with a Minor Use Permit. Minor Use Permit 16-2 has been filed to meet this requirement. The General Plan could not foresee the extent of dwelling units sought within the Commercial General zone. The air quality emissions are below the regional and localized significance thresholds for the project which includes the units 3.A.4.g Packet Pg. 358 Attachment: Responses to Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) City of San Jacinto KPC Promenade Mixed Use Development March 2019 Response to Comments Page 9 of 24 described above. The project’s impact is considered less than significant since the emissions are below said thresholds of significance. ____________________________________________________________________________ Comment 4: The MND states that analysis of several pollutants that are included in California Standards for Ambient Air Quality were not included in the Air Quality Analysis (AQA). For example, the AQA does not analyze lead or hydrogen sulfide because “the project is not anticipated to emit lead” and the project “would not generate hydrogen sulfide in any substantial quantity.” The MND utilizes uncertain language in its methodology and an EIR must be prepared to provide supporting evidence for these assertions. Response: Section 2.1.1 of the technical AQ study describes why lead and other pollutants are not evaluated. Analysis of lead is not included in this report because the project is not anticipated to emit lead. Visibility-reducing particles are not explicitly addressed in this analysis because particulate matter is addressed. The project is not expected to generate or be exposed to vinyl chloride because proposed project uses do not utilize the chemical processes that create this pollutant and there are no such uses in the project vicinity. The proposed project is not expected to cause exposure to hydrogen sulfide because it would not generate hydrogen sulfide in any substantial quantity. Furthermore, as part of the permitting process, the project is required to adhere to SCAQMD’s requirements (e.g. vapor fuel recovery systems). These requirements are identified during the permit process. ____________________________________________________________________________ Comment 5: Further, Table 2 Regional Significance - Construction Emissions (pounds/day) in the MND (listed as Table 8 in the Air Quality Analysis as pictured below) includes emissions analysis of overlapping construction phases (construction, architectural coatings, and paving phases). However, the CalEEMod Output Sheets included in the Air Quality Analysis do not model overlap of any construction phases. 3.A.4.g Packet Pg. 359 Attachment: Responses to Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) City of San Jacinto KPC Promenade Mixed Use Development March 2019 Response to Comments Page 10 of 24 Response: The overlap is calculated on the Table 8 and the CalEEmod outputs do not need to be overlapped. No need to redo the modeling as the values provided in Table 8 are accurate. Furthermore, the calculations are conservative as they assume all three (3) phases occur at the same time over the phase durations when in reality during the construction process the phases would occur intermittently (e.g. some days painting may not occur but the overlapping phases assumes it occurs the entire time). ____________________________________________________________________________ Comment 6: The MND’s conclusion that overlapping phases will not exceed SCAQMD thresholds for emissions is not supported by evidence or analysis included in the AQA. An EIR must be prepared which provides the modeling analysis for the overlap of construction phases. Response Please see the response to Comment No. 5. 3.A.4.g Packet Pg. 360 Attachment: Responses to Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) City of San Jacinto KPC Promenade Mixed Use Development March 2019 Response to Comments Page 11 of 24 Comment 7: Section 8.40.090(A) of the San Jacinto Municipal Code (SJMC) prohibits construction activity between the hours of 7:00 P.M. and 7:00 A.M. Monday through Saturday. All such activities are also prohibited on Sundays. Thus, the legal hours of construction in the City of San Jacinto are 7:00 A.M. - 7:00 P.M., Monday - Saturday. The MND does not provide a “worst-case scenario” analysis of construction equipment emitting pollutants for the legal 12 hours per day. It is legal for construction to occur for much longer hours and an additional day (6 days per week including Saturday) than modeled in the Air Quality Analysis. The Air Quality modeling must be revised to account for these legally possible longer construction days and increased number of construction days. If shorter hours of construction are proposed by the project, this must be reflected in the MND analysis and included as an enforceable mitigation measure with field verification by an enforcement entity of the lead agency (CEQA § 21081.6 (b)). Response: The Air Quality evaluation utilized an 8-hour day for the on-site equipment which assumes the equipment is continuously operational as described in Section 4.1 of the technical AQ study. Tables 8 and 9 outline the emission associated with construction emissions which are below the SCAQMD’s regional and localized thresholds of significance. The modeling is conservative as not all equipment is more than likely not fully operational at full load capacity for the full 8-hours. Even if the model were to be re-evaluated by adding an extra 4 hours (an increase of 1/3 from what was evaluated), the emissions would still be below the thresholds of significance ____________________________________________________________________________ Comment 8: The MND includes Mitigation Measure (MM) AQ-1 which states: MM AQ-1: The project is required during grading to limit the daily disturbance area of 5 acres or less. However, MM AQ-1 is unenforceable as there is no enforcement entity, field verification, or lead agency oversight component. An EIR must be prepared with revised Mitigation Measures to include consistent and timely verification of compliance by the Lead Agency throughout the duration of project construction in order to comply with CEQA § 15126.4 (a)(2). Response: Pursuant to CEQA Guidelines, the City has prepared a Mitigation Monitoring and Reporting Program (MMRP) that was circulated with the Initial Study. The MMRP identifies the party responsible for implementing the mitigation measure, when it shall occur, how it will be verif ied, and a date for completion. In the case of MM AQ-1, the MMRP addresses compliance as follows: MITIGATION MEASURES RESPONSIBLE PARTY TIMING TYPE OF VERIFICATION VERIFIED BY DATE MM AQ-1 The project is required during grading to limit the daily disturbance area of 5 acres or less. Project Proponent/ Contractor During grading operations Field Monitoring Building Department ____________________________________________________________________________ Biology Comments Comment 9: According to the technical Biological Appendix preliminary survey conducted on January 26, 2016, “A pair of burrowing owls were observed on site. At the time of the survey, they had taken up residence in a set of abandoned Beechey ground squirrel burrows.” During the preconstruction survey on August 26, 2016, “The burrowing owl burrows had been artificially filled in and the burrowing owl pair was no longer resident at the location of the burrows where they were observed previously. The field team inspected other previously unoccupied burrows, but there was no sign 3.A.4.g Packet Pg. 361 Attachment: Responses to Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) City of San Jacinto KPC Promenade Mixed Use Development March 2019 Response to Comments Page 12 of 24 of the burrowing owl pair or any other burrowing owls.” The Appendix concludes that “Due to the nature of the damage to the burrows, it was impossible to determine if the burrows had been filled in before the animals had left or after” and no burrowing owls were resident on the site. The Appendix describes the burrows as filled in “artificially”, meaning they were not filled in intentionally by the burrowing owls. The Appendix does not describe the observation and presence of any species at the site that would be a threat to the burrowing owl as supporting evidence for the burrow fill. The artificial fill of the burrows are implementation of the project without CEQA review. Response: The project site is not fenced and is open to public access without authorization. Therefore, the burrows were susceptible to damage. Nothing associated with this activity was related to, or furthered the implementation of, the development of the proposed project. An extensive analysis of biological impacts has been conducted on the site that include a General Biological Assessment, Burrowing Owl Focused Survey, Pre-Construction Biological Survey, and Trapping Studies for the San Bernardino Kangaroo Rat and Los Angeles Pocket Mouse. These reports have also been reviewed by the Riverside Conservation Authority for their assessment of habitat quality. With the mitigation measures developed in consultation with multiple resource agencies, the requirements of CEQA have been satisfied. ____________________________________________________________________________ Comment 10: The MND concludes that because the burrowing owls were not present on the site during the preconstruction survey on August 26, 2016, no mitigation is required. This conflicts with the recommended mitigation included in the technical Biological Appendix which states: • A pre-construction burrowing owl survey following the recommended guidelines of the MSHCP be conducted. • If BUOW are found during the MSHCP-required 30-day pre-construction survey, the project proponent should immediately inform the Regional Conservation Authority (RCA) and the Wildlife Agencies, and would need to coordinate further with RCA and the Wildlife Agencies, with the possibility for preparation of a Burrowing Owl Protection and Relocation Plan to be reviewed and approved prior to initiating ground disturbance. Response: The stated mitigation measure appeared in the original biological survey prepared by Natural Resources Assessment, Inc. dated August 26, 2016 when Burrowing Owls were observed on the site and a focused Burrowing Owl Survey was recommended. Following the recommendations of the August 26, 2017 report, the biologist re-surveyed the site and produced the focused report dated December 8, 2016 identifying the absence of burrowing owls on the site. The biologist prepared a revised General biology study dated January 17, 2018 that recommended a focused pre-construction Burrowing Owl survey to determine if Burrowing Owls returned to the site. The Pre-construction survey was prepared by Glenn Lucos Associates dated June 15, 2018 and conducted in accordance with survey guidelines described in the 2006 MSHCP Burrowing Owl Survey Instructions. The survey found no Burrowing Owls on the site. The pair of Burrowing Owls were last observed on the site in August 2916. Since that time, three separate surveys have been conducted on the site that found no Burrowing Owls and the recommended mitigation measures have already been accomplished. ____________________________________________________________________________ Comment 11: At minimum, the recommended mitigation measures in the technical Biological Appendix must be included in a project EIR. The following mitigation measures regarding burrowing owls must also be implemented in a project EIR in order reduce the significant impacts to the burrowing owl: 3.A.4.g Packet Pg. 362 Attachment: Responses to Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) City of San Jacinto KPC Promenade Mixed Use Development March 2019 Response to Comments Page 13 of 24 1. If BUOW are present, Project activities will take place outside the BUOW breeding season (February 1 to August 31), to the greatest extent feasible. 2. If Project activities occur during the breeding season and nesting BUOW are present, a buffer will be flagged and/or fenced for avoidance in all Project areas within the vicinity of the burrow according to the buffer distances recommended by the CA Department of Fish and Wildlife (CDFW) Staff Report and RCA guidelines. 3. In the event that an active BUOW burrow is detected during the non-breeding season (September 1 to January 31), a buffer will be flagged and/or fenced for avoidance in all Project areas within the vicinity of the burrow according to the buffer distances recommended by the CDFW Staff Report. 4. Monitoring will be conducted to ensure the appropriate buffers, as determined by an approved qualified biologist, are adhered to by construction personnel and that they are adequate to provide the necessary protection. When construction activities commence adjacent to the buffer area, a qualified biologist will be present on-site during all construction activities to monitor the behavior of BUOW for at least 3 days. The qualified biologist will have the authority to increase the setback distance and/or halt construction activities if there are signs of disturbance, such as changes in behavior as a result of construction or other indications of distress by BUOW. If the type of construction activity adjacent to the buffer increases in intensity, an additional 3 day monitoring period will be implemented to ensure the buffer is adequate under the changed circumstances. 5. If BUOW occupancy on site is confirmed and relocation is necessary, CDFW will be notified and the BUOW exclusion procedures will be implemented, per recommendations set forth by the CDFW Staff Report. Response: Please see the response to Comment 10. ____________________________________________________________________________ Land Use Comments: Comment 12: Threshold A The MND concludes that “the location is along the perimeter of an established community along a major transportation corridor and the San Jacinto River” resulting in a less than significant impact. However, the MND does not provide any evidence or analysis to support this conclusion. An EIR must be prepared which includes this analysis. This is especially necessary as the MND states “the design of the senior residential housing severs circulation patterns that were partially constructed for the adjoining single family development.” The MND does not discuss the termination of Cornflower Avenue and Poppy Street in the adjacent residential community, or the impact of the proposed project on the recorded residential lots established by Tract 32053 on the remainder parcel, which could have potentially significant impacts. An EIR must be prepared which provides this analysis in order to comply with CEQA’s requirements for meaningful disclosure. Response: The Initial Study question being addressed is whether the proposed project will p hysically divide an established community. Figure 1 of the Initial Study is included to provide a visual context in support of the description provided in this question. With respect to Cornflower Avenue and Poppy Street, Mitigation Measure PH 1 states that “Prior to the issuance of any permits, a plan shall be provided for the termination and landscaping of Cornflower Avenue and Poppy Street for review and approval by the City Planning and Engineering Departments. This mitigation measure is included in the Conditions of Approval (Nos. 29 and 31). With respect to the impact on local dedicated streets caused by the Remainder Lot proposed under Parcel Map 37099, staff does 3.A.4.g Packet Pg. 363 Attachment: Responses to Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) City of San Jacinto KPC Promenade Mixed Use Development March 2019 Response to Comments Page 14 of 24 not support the Remainder Parcel and the Conditions of Approval (No. 22) require its removal on the Final Parcel Map. ____________________________________________________________________________ Comment 13: Threshold B The MND states that “The project site is designated for single family residential development within the existing General Plan and Zoning Map. A General Plan Amendment and change of zone applications have been filed in conjunction with development plans to establish a commercial zoning designation that reflects the proposed development and the emerging development pattern in the area. The General Plan Amendment would have to be approved in order for other applications to be approved.” However, the MND does not provide any supporting evidence or meaningful analysis to support this conclusion. The San Jacinto General Plan provides policies and guidance regarding land use in the City, but there the MND does not include discussion of any General Plan goals or policies in relation with the proposed project. Response: The analysis is based on the Project Description (Section 1.5) and Surrounding Land Uses and Setting (Section 1.6). The project setting identifies the six-story Soboba hotel, restaurant, and casino, as well as the Luiseno Village commercial center that constitute examples of emerging development that are changing the character of the area. ____________________________________________________________________________ Comment 14: Notably, General Plan Land Use Element Table LU-3 Development Capacity projects 0 dwelling units in the Community Commercial land use designation. The project proposes 114 senior apartment dwelling units. The MND does not provide any analysis or discussion of the project’s conflict with this projection. The MND is inadequate as an informational document and does not provide meaningful analysis regarding how the proposed project will not conflict with the goals and policies of the General Plan Land Use Plan. Response: Please see the response to Comment 3. ____________________________________________________________________________ Comment 15: Threshold C Again, the MND concludes that because the burrowing owls were not present on the site during the preconstruction survey on August 26, 2016, no mitigation is required. This conflicts with the recommended mitigation included in the technical Biological Appendix. The same burrowing owl mitigation measures suggested in the Biological Resources section of this comment letter must also be applied in the Land Use and Planning section of a project EIR. Response: Please see the response to Comment No. 10. ____________________________________________________________________________ Noise Comments Comment 16: The MND is erroneous and inadequate as an informational document. The MND states as a “Finding of Fact” that “Section 8.40.090 of the noise ordinance allows for construction to occur between the hours of 7:30 a.m. to 6:00 p.m. on weekdays. On the weekends construction must not create or produce loud noise that disrupts a person of normal sensitivity who works or resides 3.A.4.g Packet Pg. 364 Attachment: Responses to Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) City of San Jacinto KPC Promenade Mixed Use Development March 2019 Response to Comments Page 15 of 24 In the vicinity, or a peace officer, on any weekend of federal holiday.” This statement is not accurate and does not reflect the text of SJMC Section 8.40.090 - Construction activity noise regulations: A. Weekdays and Saturdays. No person shall engage in construction, remodeling, digging, grading, demolition or any other related building activity, nor shall operate any tool, equipment or machine, on any weekday or Saturday except between the hours of seven a.m. and seven p.m. Thus, the legal hours of construction in the City of San Jacinto are 7:00 A.M. - 7:00 P.M., Monday - Saturday. The MND is inadequate as an informational document and cannot be relied upon by the public or decision makers. An EIR must be prepared and circulated for public review. Response: The hours stated in the noise report and in the MND are more restrictive than the hours allowed under the Municipal Code. The Code allows weekday construction between the hours of 7:00 am and 7:00 pm. The MND reduces that operating window to the hours of 7:30 am and 6:00 pm. The reference in Mitigation Measure N-1 to ‘permissible’ hours will be clarified in the Final MMRP as shown in the response to Comment 21. Therefore there is no need to re-evaluate or update the technical noise study or the MND as the hours provided are actually more conservative. ____________________________________________________________________________ Comment 17: Further, the technical Acoustic Study did not analyze any sensitive receptors to the south of the project site across Main Street. An EIR must be prepared and circulated for public review which includes analysis of the existing residences south of the project site across Main Street. Response: Exhibits G and H from the technical noise study show the noise contour maps which does include receptors to the south. The Luiseno Village commercial development is proposed on the south side of Main Street which does not constitute a sensitive receptor. Impact to the south are less than the impact that would occur to the closer receptors (directly west), where a senior residential development will function as a buffer. Therefore, there is no need to revise the noise study. ____________________________________________________________________________ Comment 18: The technical Acoustic Study includes basic information regarding construction noise, but does not include any analysis of the project’s potentially significant construction noise impacts. The Acoustic Study asserts that the “degree of construction noise may vary for different areas of the project site and also vary depending on the construction activities. Noise levels associated with the construction will vary with the different phases of construction.” There is no quantified analysis of the project’s construction noise levels and how it may impact sensitive receptors or exceed exterior/interior noise standards set by the City of San Jacinto in the General Plan or Section 8.40 - Noise Control of the Municipal Code. Response: Appendix D of the technical noise report does discuss the construction noise impact at specific distances. The level is approximately 73 to 78 dBA at 150. The level at 50 feet will range between 85 to 90 dBA ____________________________________________________________________________ Comment 19: Even though the technical Acoustic Study does not include construction analysis, the MND makes its own threshold that construction noise “would be considered significant if construction activities are taken outside the allowable times as described in the City’s Municipal Code.” The MND states that “construction noise will have a temporary or periodic increase in the ambient noise level above the existing within the project vicinity” but does not provide supporting evidence to 3.A.4.g Packet Pg. 365 Attachment: Responses to Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) City of San Jacinto KPC Promenade Mixed Use Development March 2019 Response to Comments Page 16 of 24 demonstrate that these increases do not exceed the maximum 65 dBA exterior noise level and 45 dBA interior noise level for the nearby single family home sensitive receptors as outlined by the San Jacinto Municipal Code. An EIR must be prepared for the project which includes an adequate, quantifiable construction noise analysis. Response: The construction noise level was calculated (see response to Comment No. 18). 65 dBA is not the construction limit. Per Section 8.40.090 of the municipal code, construction is allowable and there are additional exemptions that would allow construction to occur outside the allowable time if it meets the criterion outlined in Section D. ____________________________________________________________________________ Comment 20: The MND includes Mitigation Measures (MM) N-1, N-2, and N-3. However, these Mitigation Measures are unenforceable as there is no enforcement entity, field verification, or lead agency oversight component. An EIR must be prepared with revised Mitigation Measures to include consistent and timely verification of compliance by the Lead Agency throughout the duration of project construction in order to comply with CEQA § 15126.4 (a)(2). Response: Pursuant to CEQA Guidelines, the City has prepared a Mitigation Monitoring and Reporting Program (MMRP) that was circulated with the Initial Study. The MMRP identifies the party responsible for implementing the mitigation measure, when it shall occur, how it will be verified, and a date for completion. In the case of MM AQ-1, the MMRP addresses compliance as follows: MITIGATION MEASURES RESPONSIBLE PARTY TIMING TYPE OF VERIFICATION VERIFIED BY DATE MM N-1: Construction operations must follow the City’s General Plan and the Noise Ordinance, which states that construction, repair or excavation work performed must occur within the permissible hours. To further ensure that construction activities do not disrupt the adjacent land uses, the following measures should be taken: 1. Construction should occur during the permissible hours as defined in Section 8.40.090. 2. During construction, the contactor shall ensure all construction equipment is equipped with appropriate noise attenuating devices. 3. The contractor should locate equipment staging areas that will create the Project Proponent During Construction Should complaints arise the City will ask for verification of equipment. Building Department 3.A.4.g Packet Pg. 366 Attachment: Responses to Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) City of San Jacinto KPC Promenade Mixed Use Development March 2019 Response to Comments Page 17 of 24 greatest distance between construction-related noise/vibration sources and sensitive receptors nearest the project site during all project construction. 4. Idling equipment should be turned off when not in use. 5. Equipment shall be maintained so that vehicles and their loads are secured from rattling and banging. MM N-2: Prior to obtaining building permits, the applicant shall provide an interior acoustic isolation analysis verifying separating assemblies (e.g. demising wall and floor/ceiling assemblies) for the senior housing and hotel meet Title 24 STC/IIC sound attenuation requirement as outlined within Chapter 12, Section 1207 of the 2013 California Building Code. Project proponent Prior to issuance of building permits Submit interior acoustic isolation analysis Building Department MM N-3: An exterior acoustical study shall be prepared for review and approval by staff to assess noise form the proposed car wash into adjoining property. Appropriate noise attenuation measures shall be recommended and incorporated into the project design to maintain a noise level of 65 dba or less extending off site. Project proponent Prior to issuance of building permits Acoustical analysis Building Department ____________________________________________________________________________ Comment 21: N-1: Construction operations must follow the City’s General Plan and the Noise Ordinance, which states that construction, repair or excavation work performed must occur within the permissible hours. To further ensure that construction activities do not disrupt the adjacent land uses, the following measures should be taken: 1. Construction should occur during the permissible hours as defined in Section 8.40.090. 3.A.4.g Packet Pg. 367 Attachment: Responses to Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) City of San Jacinto KPC Promenade Mixed Use Development March 2019 Response to Comments Page 18 of 24 2. During construction, the contactor shall ensure all construction equipment is equipped with appropriate noise attenuating devices. 3. The contractor should locate equipment staging areas that will create the greatest distance between construction-related noise/vibration sources and sensitive receptors nearest the project site during all project construction. 4. Idling equipment shall be turned off when not in use. 5. Equipment shall be maintained so that vehicles and their loads are secured from rattling and banging. MM N-1 utilizes uncertain language by stating that construction “should” occur during the permissible hours of construction in the City and the contractor “should” locate equipment staging furthest from sensitive receptors. MM N-1 must be revised to utilize enforceable language which requires the project to adhere to these guidelines during construction instead of merely suggestive and uncertain language. Further, it must be revised to include a contact name and phone number for a lead agency enforcement entity to report violations or work conducted outside of the legal hours of construction in order to comply with CEQA § 15126.4 (a)(2). Response: The City concurs. MM N-1 shall be revised in the final MMRP to read as follows: N-1: Construction operations must follow the City’s General Plan and the Noise Ordinance, which states that construction, repair or excavation work performed must occur within the permissible hours of 7:30 am to 6:00 pm. To further ensure that construction activities do not disrupt the adjacent land uses, the following measures shall be taken: 1. Construction shall occur during the permissible hours as defined in Section 8.40.090. 2. During construction, the contactor shall ensure all construction equipment is equipped with appropriate noise attenuating devices. 3. The contractor should locate equipment staging areas that will create the greatest distance between construction-related noise/vibration sources and sensitive receptors nearest the project site during all project construction. 4. Idling equipment shall be turned off when not in use. 5. Equipment shall be maintained so that vehicles and their loads are secured from rattling and banging. Violations can be reported to the City Code Enforcement Division by calling (951) 487-7330 between the hours of 8 Am and 5 PM Monday through Thursday. ____________________________________________________________________________ Comment 22: N-2: Prior to obtaining building permits, the applicant shall provide an interior acoustic isolation analysis verifying separating assemblies (e.g. demising wall and floor/ceiling assemblies) for the senior housing and hotel meet Title 24 STC/IIC sound attenuation requirement as outlined within Chapter 12, Section 1207 of the 2013 California Building Code. MM N-2 represents deferred mitigation as the interior acoustical analysis is not required until the applicant wishes to obtain building permits. The interior acoustical analysis will not be made available for public review through this MM, which is implementation of the project without CEQA review. An EIR must be prepared for the project which includes the interior acoustical analysis for public review. Response: Mitigation Measure N-2 is a disclosure that the process in place to comply with Title 24 STC/IC standards, as outlined within Chapter 12, Section 1207 of the 2013 California Building Code, will 3.A.4.g Packet Pg. 368 Attachment: Responses to Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) City of San Jacinto KPC Promenade Mixed Use Development March 2019 Response to Comments Page 19 of 24 be implemented as part of the building plan check process. The building plan check review is a ministerial process as defined in Sections 15268 and 15369 of CEQA and is exempt from CEQA. Comment 23: N-3: An exterior post-construction acoustical study shall be prepared for review and approval by staff to assure that noise from the proposed car wash into adjoining property will comply with the Section 8.40.090 of the Municipal Code. Appropriate noise attenuation measures shall be recommended and incorporated into the project design to maintain a noise level of 65 dba or less extending off site. MM N-3 represents deferred mitigation. The post-post-construction acoustical analysis will not be made available for public review through this MM, which is implementation of the project without CEQA review. An EIR must be prepared for the project which includes an acoustic study of an existing car wash that operates in similar conditions as supporting evidence to provide an accurate estimation of the potential noise impacts from the proposed car wash on nearby sensitive receptors. Response: The comment misinterprets the construction section of the noise ordinance. Construction is allowable and does not limit the level to 65 dBA or the values provided in the table in Section 8.40.040. This table was developed for stationary noise level associated with various land uses. Section 8.40.090A provides the allowable times. Section 8.40.090D states that there is an exception granted to construction “outside” the allowable times provided the construction complies with the values outlined in Section 8.40.040. Construction will not occur outside the allowable times and therefore will comply with the City’s noise ordinance. The noise study does evaluate the car wash noise levels (See Exhibit G and Appendix C of the technical noise study). Mitigating the noise to 65 dBA is not a mitigation measure as the City allows construction to occur during the allowable hours. ____________________________________________________________________________ Population and Housing Comments Comment 24: Threshold A The MND does not address the potentially significant impacts related to inducing substantial population growth in an area, either directly or indirectly. The MND does not give a population estimate based on the existing General Plan/Zoning designations in comparison to the proposed General Plan/Zoning designations. The MND simply states that the “proposed project will introduce a multiple family density of 16 units per acre that adjoins land containing recorded lots for single family density at 4 units per acre.” This statement does not provide any meaningful analysis or supporting evidence to conclude there will not be direct or indirect substantial population growth in the area. Response: The San Jacinto General Plan was incorporated by reference. An Element of the General Plan is the Housing Element. The Housing Element identifies an average single family household size of 3.34 persons per unit. Under the existing general plan and zoning designations, the project site could generate 112 dwelling units (22.43 net acres times 5 units per acre). The number of dwelling units multiplied by the average household size would generate a population of 375 people. The proposed senior residential development would allow a maximum of 114 dwelling units. Assuming all units were occupied by two people, the population would be 228. Therefore, the potential 3.A.4.g Packet Pg. 369 Attachment: Responses to Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) City of San Jacinto KPC Promenade Mixed Use Development March 2019 Response to Comments Page 20 of 24 population is less under the proposed project than under the existing land use designations build- out, and the potential impacts on population growth are less. In addition to population count, the City is obligated to provide housing based on population type. The proposed project furthers Housing Goal 3, to assist in the development of a housing supply which is affordable to all segments of the community. Specifically, Policy 3.2 which is to “Assist with the development of housing that targets the needs of special populations, including the elderly, disabled, farmworkers and homeless” and Policy 3.3 which is to “Promote the development of attractive and safe housing to meet community needs”. ____________________________________________________________________________ Comment 25: The MND also does not discuss that the population growth will exceed SCAG’s projections because the proposed project requires a General Plan Amendment to be implemented in order to increase the allowable density of the project site which in turn increases the number of units assumed at General Plan Build Out by SCAG. SCAG’s 2016 RTP/SCS population projections utilized the existing San Jacinto General Plan Land Use designations for analysis. The MND fails to discuss or analyze this fact. An EIR must be prepared and circulated for public review to include this analysis in order to present the project’s potentially significant impacts and be an adequate informational document. The EIR must analyze the potentially significant impacts related to direct and indirect population growth resulting from development of the project and proposed land use policy changes. Response: (City) The San Jacinto General Plan was incorporated by reference. An Element of the General Plan is the Housing Element. The Housing Element defines a total growth housing need of 2.433 units in the City of San Jacinto during the 2014-2021 period. The actual number of building permits issued for residential development are as follows: 2013 39 2014 58 2015 102 2016 160 2017 217 2018 275 Grand Total 851 *Building Permit Records As the table shows, the number of units assumed in the General Plan Build Out and the project population falls below the levels assumed under the SCAG projections. ____________________________________________________________________________ Traffic and Circulation Comments Comment 26: The technical Transportation/Traffic Analysis does not include the proposed car wash in trip generation estimates for the project. An EIR must be prepared which includes the proposed car wash in trip generation estimates in order to accurately analyze traffic impacts. Response: The trip generation estimates for the proposed car wash are included in the traffic impact analysis. The traffic impact analysis uses the ITE Trip Generation Manual (10th Edition) to estimate and 3.A.4.g Packet Pg. 370 Attachment: Responses to Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) City of San Jacinto KPC Promenade Mixed Use Development March 2019 Response to Comments Page 21 of 24 determine trip generation by land use. The ITE Trip Generation Manual provides trip generation rates based on various data sets collected for each land use. The ITE land use code 945 (gas station with convenience market) was used in this analysis to estimate the gas station with convenience market and car wash. Although not included in the land use description, the trip generation rates for this land use code are also based on gas stations with car washes; as outlined in the description for ITE Land Use 945. Therefore, the trip generation rates used in the traffic impact analysis accounts for the proposed car wash attached to the convenience market. ____________________________________________________________________________ Comment 27: Threshold B The MND states that the realignment of “SR-79 between Domenigoni Parkway and Gilman Springs Road as a freeway facility will reduce traffic volumes at the Sanderson Avenue/Ramona Expressway intersection and produce an acceptable level of service” for the proposed project. The MND continues by stating that “Mitigation Measure T-1 requires that improvement to be in place prior to the occupancy of the hotel,” meaning that the hotel must remain vacant after construction until the SR-79 realignment is completed by Caltrans and the Riverside County Transportation Commission (RCTC). However, the MND is not internally accurate as MM T -1 does not include this requirement as outlined by the MND’s discussion. MM T-1 states: MM T-1 Sanderson Avenue/Ramona Expressway: The proposed SR-79 realignment project, currently in the environmental review phase, will realign SR-79 between Domenigoni Parkway and Gilman Springs Road as a freeway facility, which will reduce traffic volumes at the Sanderson Avenue/Ramona Expressway intersection and supersede the need for any further widening of the intersection. This project is funded in part with TUMF fees. Therefore, compliance with Mitigation Measure T-4 will reduce this impact to a level of insignificance. Response: The TIA identifies two options for improvements to the Sanderson Avenue/Ramona Expressway intersection. The first option being the build-out/implementation of the SR-79 realignment project. The second option is presented in the TIA in section 1.2 of the executive summary. This option provides improvements to restore/maintain acceptable levels of service in the absence of the realignment project. The improvements under this option are identified below. Under the second option, the SR-79 project does not need to be completed prior to occupancy of the hotel. In addition, the Mitigation Monitoring and Reporting Program requires that the operational performance of the Sanderson Avenue/Ramona Expressway be evaluated prior to occupancy of the hotel to verify the effectiveness of the mitigation measures below. • Improve the northbound Sanderson Avenue approach from two left-turn lanes, two- through lanes and one right-turn lane to two left-turn lanes, three through lanes and one right-turn lane. • Improve the westbound Ramona Expressway approach from two left-turn lanes, two through lanes and one right-turn lane with overlap phasing to two left-turn lanes, two-through lanes and two-right turn lanes with overlap phasing. ____________________________________________________________________________ Comment 28: According to the Riverside County Transportation Commission, the SR-79 project is still in the pre-construction phase and “the funding sources are currently funded far below historical levels. Until additional funding is available, RCTC cannot proceed with right-of-way acquisition or construction of the project1.” It is uncertain mitigation to require completion of the SR-79 realignment before the hotel may be issued a certificate of occupancy and begin operations. 3.A.4.g Packet Pg. 371 Attachment: Responses to Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) City of San Jacinto KPC Promenade Mixed Use Development March 2019 Response to Comments Page 22 of 24 There is no evidence that the SR-79 realignment will be completed in any reasonable time period and the improvements are beyond the jurisdiction of the City. If the hotel is constructed, it must be left vacant until the SR-79 realignment is completed according to the MND (which is not internally accurate as MM T-1 does not include this requirement as outlined by other text in the MND). The MND attempts to mitigate the impacts to Sanderson Avenue/Ramona Expressway with uncertain mitigation. An EIR must be prepared for the project which includes enforceable mitigation that will reasonably result in quantifiably reduced traffic impacts. Response: Please see response to Comment No. 27. ____________________________________________________________________________ Comment 29: The MND also concludes that implementation of Mitigation Measure T-4 will mitigate the cumulatively significant impacts at study intersections. However, MM T-4 requires the project applicant to contribute funds towards the SR-79 freeway upgrade, which is under Caltrans jurisdiction. MM T-4: The applicant shall participate in the funding or construction of regional improvements, including the SR 79 freeway upgrade, that are needed to serve cumulative traffic conditions through the payment of the Transportation Uniform Mitigation Fees (TUMF) and City of San Jacinto Development Impact Fees (DIF) or a fair share contribution as directed by the City. An assessment of fees is appropriate when linked to a specific mitigation program. (Anderson First Coalition v. City of Anderson (2005) 130 Cal.App.4th 1173, Save our Peninsula Comm. v. Monterey County Bd. Of Supers. (2001) 87 Cal.App.4th 99, 141.) Payment of fees is not sufficient where there is no evidence mitigation will actually result. (Gray v. County of Madera (2008) 167 Cal.App.4th 1099,1122.) The assessment of fees here is not adequate as there is no evidence mitigation will actually result. The improvements to the SR-79 freeway will be completed by Caltrans which is beyond the jurisdiction of the City of San Jacinto. The MND includes uncertain mitigation as the completion of the necessary improvements are beyond the jurisdiction of the lead agency. An EIR must be prepared for the project which includes enforceable mitigation that will reasonably result in quantifiably reduced traffic impacts. Response: (City, legal) Please see response to Comment No. 27. ____________________________________________________________________________ Comment 30: The Traffic Study Appendix includes Exhibit 7 - Cumulative Project Map and Table 12 - Summary of Cumulative Projects which do not indicate the city each cumulative project is located in. 39 of the 45 projects do not include a name of each project either, only an acronym for what can be assumed to be a zoning case number or tract number. The project site is adjacent to the borders of Hemet and Riverside County land, and the public cannot clearly determine which of these projects in each of those jurisdiction. Exhibit 7 is illegible and does not include street names in order for the public to located each project. Additionally, the traffic study utilizes an arbitrary 3 mile radius of the project site without discussion for why this radius is appropriate. This does not comply with CEQA’s requirements for meaningful disclosure and an EIR must be prepared which includes this information. Response: The development of the TIA included a scoping agreement process in which coordination with the City on methodology was identified. This process includes coordinating with the City in identifying 3.A.4.g Packet Pg. 372 Attachment: Responses to Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) City of San Jacinto KPC Promenade Mixed Use Development March 2019 Response to Comments Page 23 of 24 appropriate cumulative projects to be analyzed in the traffic analysis. The list of cumulative projects analyzed in this effort was coordinated with and provided by the City. Additionally, the analysis used a 5-mile radius of cumulative projects that was determined in coordination with the City. For reference, a copy of the scoping agreement is provided in Appendix A of the traffic impact analysis. ____________________________________________________________________________ Mandatory Findings of Significance Comments Comment 31: Threshold A Again, the MND does not include mitigation measures related to the burrowing owls found on the project site. This conflicts with the recommended mitigation included in the technical Biological Appendix. The analysis here does not discuss the burrowing owl at all. An EIR must be prepared for the project with analysis of impacts upon wildlife resources, including the burrowing owl which was found on the project site. Response: Please see the response to Comment No. 10. ____________________________________________________________________________ Comment 32: Threshold C The analysis here must focus on the threshold which analyzes impacts that are individually limited, but cumulatively considerable. The MND does not analyze impacts from all environmental categories, but instead states that they are not cumulatively significant because none of the project-level significance thresholds will be exceeded. This is counter to the threshold for analysis which includes “impacts that are individually limited.” The MND also references adoption of the San Jacinto General Plan EIR, for which “the City Council adopted a Statement of Overriding Considerations that determined that the benefits accrued through the build-out of the SJGP overrode the resulting impacts” and analyzes the “relationship of certain potentially significant impacts from the proposed project to the SJGP EIR” in this section. The MND does not consider that the General Plan did not include the proposed project because the project requires a General Plan Amendment in order to be implemented. An EIR must be prepared which includes cumulative analysis and modeling for all environmental factors. This is especially true given a lead agency's ability to approve a project notwithstanding significant environmental impacts. The EIR must be revised to include information to support the claim that cumulative impacts will be less than significant. Response: The comment is contrary to the analysis contained in the Initial Study. All topics contain a regional context in addition to an analysis of project-level significance thresholds. Where cumulative impacts have been identified, mitigation measures have been recommended to mitigate this impacts to a level of insignificance. The comment does not identify an instance where a cumulative impact was deemed not to occur because a project-level threshold was not exceeded. In no instance has the MND relied entirely on an adopted Statement of Overriding Considerations to determine the significance of an impact. In every instance, analysis was provided based on a policy, site conditions, or development impacts in order to weigh the significance of an impact. ____________________________________________________________________________ Comment 33: For the foregoing reasons, GSEJA believes the MND is flawed and an EIR must be prepared for the proposed project and circulated for public review. Golden State Environmental Justice Alliance requests to be added to the public interest list regarding any subsequent environmental documents, public notices, public hearings, and notices of determination for this project. Send all 3.A.4.g Packet Pg. 373 Attachment: Responses to Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) City of San Jacinto KPC Promenade Mixed Use Development March 2019 Response to Comments Page 24 of 24 communications to Golden State Environmental Justice Alliance P.O. Box 79222 Corona, CA 92877. Response: This comments do not identify any significant new environmental issues or impacts that were not already addressed in the MND. 3.A.4.g Packet Pg. 374 Attachment: Responses to Comments (KPC Promenade - GP 16-1, CZ 16-1, PD 18-1, SPDR 16-7, MUP 16-2, 16-3, 16-4, TPM 37099) April 16, 2019 TO: City Council REQUESTED BY: Travis Randel, Community Development Director APPROVED BY: Robert A. Johnson, City Manager SUBJECT: Development Agreement 15-3 Amendment 1 RECOMMENDATION: CONDUCT the second reading and ADOPTION of Ordinance No. 19-05, approving Development Agreement No 15-3 Amendment No. 1 based upon the Planning Commission’s recommendation. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO CALIFORNIA APPROVING DEVELOPMENT AGREEMENT 15-3 AMENDMENT NO. 1 BETWEEN THE CITY OF SAN JACINTO AND CADO SAN JACINTO, LLC, AND RSI COMMUNITIES CALIFORNIA, LLC, AND PROJECT ROYAL, LLC DISCUSSION: On April 2, 2019, the City Council, after holding a Public Hearing, introduced Ordinance 19-05 approving Development Agreement No. 15-3 Amendment No. 1 by a vote of 5 ayes, 0 nays., 0 abstentions. The item before the City Council today is the Second Reading and Adoption of Ordinance 19-05. FISCAL IMPACT: The City’s General Fund will receive a minimum DA Fee of $142,000.00 at $2,000.00 per unit if all 71 lots are developed within the DA term. ATTACHMENTS: Ordinance 19-05 "Exhibit A" Development Agreement 15-3 Amendment 1 Development Agreement 15-3 3.A.5 Packet Pg. 375 STATE OF CALIFORNIA ) ORDINANCE NO. 19-05 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADOPTING DEVELOPMENT AGREEMENT 15-3 AMENDMENT NO. 1 BETWEEN THE CITY OF SAN JACINTO, CADO SAN JACINTO, LLC, RSI COMMUNITIES, LLC, AND PROJECT ROYAL, LP WHEREAS, pursuant to Section 65864, et seq., of the California Government Code, the City of San Jacinto (“City”) is authorized to enter into development agreements with persons having legal or equitable interests in real property for the development of such property; and WHEREAS, CADO San Jacinto, LLC (“CADO”) and La Veranda Homes, LLC entered into the original Development Agreement 15-3; WHEREAS, CADO San Jacinto, LLC (“CADO”) is the owner of Tract Map 31037 Lots 1 through 71 with respect to the Development Agreement; WHEREAS, RSI, LLC and Project Royal, LP (“Successors) are successors to La Veranda Homes, LLC and will be parties to the Development Agreement and are currently developing properties within the Tract; WHEREAS, City, CADO, and Successors now seek to enter into Development Agreement 15-3 Amendment No. 1 attached hereto as Exhibit “A”; WHEREAS, the project covered under the Development Agreement generally consists of a 72.73-acre, 263 single-family lot residential subdivision and other related improvements (“Project”) and the purpose of Development Agreement is to provide fee credits for infrastructure improvements and to promote development of the subdivision within 24-months; WHEREAS, Chapter 17.610 of the City’s Development Code sets forth the City’s requirements for development agreements, and amendments and extensions thereof; WHEREAS, the Development Agreement Amendment is in accordance with Chapter 17.610 of the Development Code; WHEREAS, the Development Agreement Amendment as proposed, includes a Development Agreement Fee to be paid by Owner to the City under the Development Agreement; 3.A.5.a Packet Pg. 376 Attachment: Ordinance 19-05 (Development Agreement 15-3 Amendment 1) 2 WHEREAS, the Development Agreement Amendment will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864 et seq. of the Government Code are intended; WHEREAS, the project has been adequately analyzed in an earlier adopted mitigated negative declaration and a subsequent mitigated negative declaration is not required, because there are no changed circumstances pursuant to Section 15162 of the California Environmental Quality Act; WHEREAS, on March 18, 2019, the Planning Commission of the City of San Jacinto (“Planning Commission”) conducted a duly noticed public hearing on Development Agreement 15-3 Amendment No. 1, at which time all persons wishing to testify in connection with Development Agreement 15-3 Amendment No. 1 were heard and Development Agreement 15-3 Amendment No. 1 was comprehensively reviewed; WHEREAS, on April 2, 2019, pursuant to CEQA and in accordance with the recommendation of the Planning Commission for the City of San Jacinto (the “Planning Commission”), the City Council has determined that it can be seen with certainty that the approval of the Development Agreement Amendment is not likely to have any effect on the environment, and therefore further review is not necessary under CEQA and the CEQA Guidelines; and WHEREAS, on April 2, 2019, the San Jacinto City Council conducted a duly noticed public hearing concerning the Development Agreement, at which time all persons wishing to do so had an opportunity to provide testimony regarding the Development Agreement Amendment, and at which time the City Council thoroughly reviewed the Development Agreement Amendment; and THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Incorporation of Recitals. The Recitals set forth above are incorporated herein and made an operative part of this Ordinance as though fully set forth herein. Section 2. Findings. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings set forth in this Ordinance, the City Council adopts this Ordinance and approves Development Agreement 15-3 Amendment No. 1 based upon the following findings: A. That the Development Agreement Amendment No. 1 aids in the continued and consistent implementation of the Tract Map, provides a financial benefit to the City in the 3.A.5.a Packet Pg. 377 Attachment: Ordinance 19-05 (Development Agreement 15-3 Amendment 1) 3 form of the Development Agreement Fee (as that term is defined in the Development Agreement) and is therefore in the best interest of the City. B. That the Development Agreement 15-3 Amendment No. 1 is consistent with the City’s General Plan and will allow the Owner to complete the Project in a m anner which the City Council previously found to be consistent with the City’s General Plan, and as recommend by the Planning Commission, the City Council finds continues to be consistent therewith. C. That the Development Agreement 15-3 Amendment No. 1 promotes the public health, safety and welfare of the community because it will permit and encourage the development of residential units in accordance with the approved Tract Map and will allow for the most efficient and logical development of the real property governed by the Development Agreement in the City. D. That the Project is covered under the Tract Map, which provides for a single-family development, is therefore compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property subject to the Development Agreement Amendment is located and will not adversely affect the orderly development of property or the preservation of property values. E. The Development Agreement Amendment is consistent with the following General Plan Land Use Element goals and policies, and will further important and officially recognized City wide goals and policies, by allowing the Owner to develop the Project under the terms of the Development Agreement: (i) Land Use Element No. 4 – Manage and Direct Growth – This Land Use Element encourages development consistent with the zoning of the property and provide s for adequate levels of public services and facilities to be provided for the new development. F. That Development Agreement 15-3 Amendment No. 1 will provide the City with important, tangible benefits including the increased Development Agreement Fee provided for in the Agreement, and development of the Tract Map. Section 3. Adoption of Development Agreement 15-3 Am endment No. 1. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings set forth in 3.A.5.a Packet Pg. 378 Attachment: Ordinance 19-05 (Development Agreement 15-3 Amendment 1) 4 this Ordinance, the City Council hereby adopts Development Agreement 15-3 Amendment No. 1, as set forth in Exhibit “A”. Section 4. CEQA. The City Council has reviewed the Project pursuant to CEQA and in accordance with the recommendation of the Planning Commission for the City of San Jacinto, the City Council has determined that the Project has been adequately analyzed in an earlier adopted mitigated negative declaration, and a subsequent mitigated negative declaration is not required because there are no changed circumstances pursuant to Section 15162. Further, it can be seen with certainty that the approval of the Development Agreement Amendment is not likely to have any effect on the environment, and therefore further review is not necessary under CEQA and the CEQA Guidelines. Section 5. Notice of Determination. Staff is directed to file a Notice of Determination with the Riverside County Recorder’s Office within five (5) working days of adoption of this Ordinance. Section 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City Clerk’s office located at 595 S. San Jacinto Avenue, San Jacinto, CA 92583. The custodian for these records is the City Clerk. Section 7. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. Section 8. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption. Section 9. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Jacinto, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code § 36933. Introduced at a regular meeting of the City Council on the 2nd day of April 2019. 3.A.5.a Packet Pg. 379 Attachment: Ordinance 19-05 (Development Agreement 15-3 Amendment 1) 5 ORDINANCE NO. 19-05 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 16th day of April 2019, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: City of San Jacinto: ______________________________ Russell Utz, Mayor ATTEST: _______________________________ City Clerk 3.A.5.a Packet Pg. 380 Attachment: Ordinance 19-05 (Development Agreement 15-3 Amendment 1) 6 CERTIFICATION State of California ) County of Riverside) ss City of San Jacinto) I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Ordinance No. 19-05 was introduced at a regular meeting of the City Council of the City of San Jacinto on the 2nd day of April 2019. Ordinance No. 19-05 was passed, approved, and adopted by the City Council of the City of San Jacinto, California, at a regular meeting of the City Council held on the 16th day of April 2019, by the following vote of the City Council: AYES: NAYS: ABSENT: ABSTAIN: Witness my hand and seal the 16th day of April 2019. _____________________________ Angela Walton, City Clerk City of San Jacinto 3.A.5.a Packet Pg. 381 Attachment: Ordinance 19-05 (Development Agreement 15-3 Amendment 1) EXHIBIT “A” DEVELOPMENT AGREEMENT N0. 15-3 AMENDMENT NO. 1 BY AND BETWEEN THE CITY OF SAN JACINTO, CADO SAN JACINTO, LLC, RSI COMMUNITIES, LLC, AND PROJECT ROYAL, LP 3.A.5.a Packet Pg. 382 Attachment: Ordinance 19-05 (Development Agreement 15-3 Amendment 1) Recorded at request of ) Clerk, City Council ) City of San Jacinto ) ) When recorded return to ) City of San Jacinto ) 595 S. San Jacinto Avenue ) San Jacinto, CA 92583 ) Attention: City Clerk ) ________________________________________________________________________ Exempt from Filing Fees Govt. Code 6103 AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 15-3 A DEVELOPMENT AGREEMENT BETWEEN CITY OF SAN JACINTO and CADO San Jacinto, LLC, a California limited liability company and RSI COMMMUNITIES – CALIFORNIA LLC, a Delaware limited liability company and PROJECT ROYAL, LP, a Delaware limited partnership 3.A.5.b Packet Pg. 383 Attachment: "Exhibit A" Development Agreement 15-3 Amendment 1 (Development Agreement 15-3 Amendment 1) 2 AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 15-3 This Amendment No. 1 (“Amendment”) to Development Agreement No. 15-3 is made by and between the City of San Jacinto (“CITY”), CADO San Jacinto, LLC, a California limited liability company (“CADO”), RSI Communities – California LLC, a Delaware limited liability company (“RSI”), and Project Royal, LP, a Delaware limited partnership as of the Amendment Effective Date (defined below) and pursuant to the authority of Section 65864, et seq., of the Government Code of the State of California, and in light of the following recitals: I. RECITALS A. On or about July 8, 2016, the CITY, CADO and La Veranda Homes, LLC, a California limited liability company (“PRIOR OWNER”) entered into Development Agreement No. 15-3 recorded on September 26, 2016 as Instrument No. 2016-0419032 in the Official Records of Riverside County, California (“Agreement”). The Agreement concerns “Development” of the “Project” on the “Property”, as those terms are defined in Section 1 of the Agreement, by CADO and PRIOR OWNER (and their successors-in-interest). B. All of the Property which remains subject to the Agreement is currently owned by CADO and/or by RSI/ Project Royal (with all other portions of the Property having been developed and sold to individual members of the public and having been released from the Agreement pursuant to Section 2.4.4 thereof). C. CADO is currently the owner of those portions of the Property described on Exhibit A and depicted on Exhibit B, each of which are attached hereto and incorporated herein by this reference (the “Affected Lots”). D. Currently, the Term of the Agreement established in Section 2.3 of the Agreement is set to expire July 8, 2019. CADO, RSI, Project Royal, and the City (the “Parties”) now seek to extend the 3.A.5.b Packet Pg. 384 Attachment: "Exhibit A" Development Agreement 15-3 Amendment 1 (Development Agreement 15-3 Amendment 1) 3 Agreement, but only as the Agreement applies to the Affected Lots, for an additional twenty-four months as set forth below. E. The Parties wish to update the notice information in Section 2.7 of the Agreement as set forth below. F. The Parties also seek to amend the Agreement so that the Development Agreement Fee with respect to the Affected Lots only will be Two Thousand Dollars ($2,000.00) per residential unit for the period July 9, 2019 through July 8, 2020 and Two Thousand Five Hundred Dollars ($2,500.00) for the period July 9, 2020 through July 8, 2021, an increase from $1,200 per residential unit, during the extended period of the Agreement’s term, as set forth below. II. TERMS OF THE AMENDMENT WHEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, the Parties hereby agree as follows: Effective Date of Amendment. This Amendment shall become effective on the date on which all of the following are true (“Amendment Effective Date”): (i) this Amendment has been executed by CADO’s, RSI’s, and Project Royal’s respective duly authorized officers and delivered to the C ITY; (ii) this Amendment has been approved by ordinance of the City Council of the City and such ordinance has become effective; (iii) this Amendment has been duly executed by the Mayor of the City and delivered to CADO, RSI, Project Royal, or recorded as set forth below. Recordation of Amendment. The CITY, CADO, RSI, and Project Royal hereby consent to the recordation of this Amendment in the Official Records of Riverside County, California, by the City Clerk following the Amendment Effective Date. Amendment to Section 2.3. Section 2.3 of the Agreement entitled “Term” is hereby amended, 3.A.5.b Packet Pg. 385 Attachment: "Exhibit A" Development Agreement 15-3 Amendment 1 (Development Agreement 15-3 Amendment 1) 4 but only as the same applies to the Affected Lots, by deleting the reference therein to “thirty-six (36) months” and replacing it with a reference to “sixty (60) months”. Amendment to Section 2.7. Section 2.7 of the Agreement entitled “Notices” shall be amended to update the City Attorney’s and CADO’s addresses, as follows: Copy to: Best, Best & Krieger, LLP 300 South Grand Ave. 25th Floor Los Angeles, CA 90071 Attn: City Attorney Telephone: (213) 617-8100 Facsimile: (213) 617-7480 If to OWNERS: CADO San Jacinto, LLC Capstone Advisors Attn: Mark Hayden 1545 Faraday Avenue Carlsbad, CA 92008 Telephone: (760) 804-6900 Amendments to Sections 4.2.2 and 4.2.3. Sections 4.2.2 and 4.2.3 of the Agreement entitled “Time of Payment” and “Fee Credits” respectively, are hereby amended, but only as the same apply to the Affected Lots, by deleting references therein to “three (3) years” and replacing them with references to “five (5) years”. Amendment to Section 4.3. The first paragraph of Section 4.3 of the Agreement entitled “Development Agreement Fee” is hereby deleted in its entirety and replaced with the following, but only as the same applies to the Affected Lots: “4.3. Development Agreement Fee. In addition to the Development Impact Fees and other obligations of OWNERS contained in this Agreement, the Project shall also be subject to a “Development Agreement Fee.” The Development Agreement Fee shall be paid to CITY 3.A.5.b Packet Pg. 386 Attachment: "Exhibit A" Development Agreement 15-3 Amendment 1 (Development Agreement 15-3 Amendment 1) 5 and shall cover the sixty (60) month Term of this Agreement. The Development Agreement Fee shall be One Thousand Two Hundred Dollars ($1,200.00) per residential unit for the period July 9, 2017 through July 8, 2019, Two Thousand Dollars ($2,000.00) per residential unit for the period July 9, 2019 through July 8, 2020 and Two Thousand Five Hundred Dollars ($2,500.00) for the period July 9, 2020 through July 8, 2021 until the end of the Term. The Development Agreement Fee shall not be used to offset any Development Impact Fee(s). OWNERS shall not be entitled to any credit against the Development Agreement Fee resulting from OWNERS’ provision of public improvements as required by the Development Plan or this Agreement.” No Other Changes. Except as expressly amended by this Amendment, all of the other terms and conditions of the Agreement remain in full force and effect. Nothing contained in this Amendment shall be deemed to affect the rights and responsibilities of the C ITY with regard to any other owner(s) or developer(s) of Tract 31037. For purposes of clarification, RSI is only executing this Amendment for purposes of having both entities which comprise OWNERS execute this Amendment, but the terms of this Amendment shall only be applicable with respect to the Affected Lots (none of which are owned by RSI or Project Royal). Severability. If any provisions of this Amendment shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Governing Law; Venue. This Amendment shall be interpreted in accordance with the Laws of the State of California. Venue shall be in Riverside County, California. Incorporation of Recitals. The Recitals set forth above are true and correct and are incorporated into this Amendment by reference as though fully set forth herein. 3.A.5.b Packet Pg. 387 Attachment: "Exhibit A" Development Agreement 15-3 Amendment 1 (Development Agreement 15-3 Amendment 1) 6 Successors and Assigns. The Agreement, as amended by this Amendment, shall remain binding on OWNERS and all references in the Agreement to “OWNER” or “OWNERS” shall be interpreted to refer to CADO, RSI, Project Royal, and their respective successors in interest to all or any part of the Property (subject to the limitations of the provisions of this Amendment with respect to the Affected Property only). IN WITNESS WHEREOF, CITY and OWNERS have caused this Amendment to be duly executed on the date set forth below. SIGNATURES ON THE FOLLOWING PAGE 3.A.5.b Packet Pg. 388 Attachment: "Exhibit A" Development Agreement 15-3 Amendment 1 (Development Agreement 15-3 Amendment 1) 7 SIGNATURE PAGE TO AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 15-3 CITY OF SAN JACINTO CADO San Jacinto, LLC, a California limited liability company By: _________________________ Russell Utz, Mayor Date: _____________________ By: ________________________ ____________________ Its: _______________________ Date: _____________________ 3.A.5.b Packet Pg. 389 Attachment: "Exhibit A" Development Agreement 15-3 Amendment 1 (Development Agreement 15-3 Amendment 1) 8 Attest: By: _______________________ Angela Walton, City Clerk PROJECT ROYAL, LP, a Delaware limited partnership By: BP-HS RSI Land Venture GP, LLC, a Delaware limited liability company, its General Partner By: BP-HS RSI Land Venture LLC, a Delaware limited liability company, its Sole Member By: Hearthstone Professionals – SH, L.P., a Delaware limited partnership, its Manager By: Its: RSI COMMUNITIES – CALIFORNIA LLC, a Delaware limited liability company By: ________________________ _____________________ Its: ________________________ Date: _______________________ 3.A.5.b Packet Pg. 390 Attachment: "Exhibit A" Development Agreement 15-3 Amendment 1 (Development Agreement 15-3 Amendment 1) 9 Approved as to form: Best Best & Krieger LLP By: _____________________ Michael Maurer, City Attorney [Signatures must be notarized] 3.A.5.b Packet Pg. 391 Attachment: "Exhibit A" Development Agreement 15-3 Amendment 1 (Development Agreement 15-3 Amendment 1) 10 EXHIBIT “A” LEGAL DESCRIPTION 3.A.5.b Packet Pg. 392 Attachment: "Exhibit A" Development Agreement 15-3 Amendment 1 (Development Agreement 15-3 Amendment 1) 11 EXHIBIT “B” MAP OF AREA [***ATTACHED BEHIND THIS PAGE***] 3.A.5.b Packet Pg. 393 Attachment: "Exhibit A" Development Agreement 15-3 Amendment 1 (Development Agreement 15-3 Amendment 1) 12 3.A.5.b Packet Pg. 394 Attachment: "Exhibit A" Development Agreement 15-3 Amendment 1 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 395Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 396Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 397Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 398Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 399Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 400Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 401Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 402Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 403Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 404Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 405Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 406Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 407Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 408Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 409Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 410Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 411Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 412Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 413Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 414Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 415Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 416Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 417Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 418Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 419Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 420Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 421Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 422Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 423Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 424Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 425Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 426Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 427Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 428Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 429Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 430Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 431Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 432Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 433Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 434Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 435Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 436Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 437Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 438Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 439Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) 3.A.5.cPacket Pg. 440Attachment: Development Agreement 15-3 (Development Agreement 15-3 Amendment 1) April 16, 2019 TO: City Council REQUESTED BY: Travis Randel, Community Development Director APPROVED BY: Robert A. Johnson, City Manager SUBJECT: Development Agreement 2-15 Amendment 1 RECOMMENDATION: CONDUCT the second reading and ADOPTION of Ordinance No. 19-08 approving Development Agreement No 2-15 Amendment No. 1 based upon the Planning Commission’s recommendation. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO CALIFORNIA APPROVING DEVELOPMENT AGREEMENT 2-15 AMENDMENT NO. 1 BETWEEN THE CITY OF SAN JACINTO AND JJ&J DEVELOPMENT GROUP, LLC DISCUSSION: On April 2, 2019, the City Council, after holding a Public Hearing, introduced Ordinance 19 -05 approving Development Agreement No. 2-15 Amendment No. 1 by a vote of 5 ayes, 0 nays., 0 abstentions. The item before the City Council today is the Second Reading and Adoption of Ordinance 19-08. FISCAL IMPACT: The City’s General Fund will receive a minimum DA Fee of $106,000.00 at $2,000.00 per unit if all 53 lots are developed within the DA term. ATTACHMENTS: Ordinance 19-08 "Exhibit A" Development Agreement 2-15 Amendment No. 1 Development Agreement 2-15 3.A.6 Packet Pg. 441 STATE OF CALIFORNIA ) ORDINANCE NO. 19-08 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADOPTING DEVELOPMENT AGREEMENT 2-15 AMENDMENT NO. 1 BETWEEN THE CITY OF SAN JACINTO AND JJ&J DEVELOPMENT GROUP, LLC WHEREAS, pursuant to Section 65864, et seq., of the California Government Code, the City of San Jacinto (“City”) is authorized to enter into development agreements with persons having legal or equitable interests in real property for the development of such property; and WHEREAS, Sunwood San Jacinto LLC (“Prior Owner”) entered into the original Development Agreement 2-15; WHEREAS, JJ&J Development Group, LLC (“Owner”) is the new owner of Tract Map 32250 and successor of the Development Agreement; WHEREAS, City and Owner now seek to enter into Development Agreement 2-15 Amendment No. 1 attached hereto as Exhibit “A;” and WHEREAS, the project covered under the Development Agreement generally consists of Tract Map 32250 a 13.4 -acre, 53 lot single family lot subdivision with other related improvements (“Project); WHEREAS, Chapter 17.610 of the City’s Development Code sets forth the City’s requirements for development agreements, and amendments and extensions thereof; WHEREAS, the Development Agreement Amendment is in accordance with Chapter 17.610 of the Development Code; WHEREAS, the Development Agreement Amendment as proposed, includes a Development Agreement Fee to be paid by Owner to the City under the Development Agreement; WHEREAS, the Development Agreement Amendment will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864 et seq. of the Government Code are intended; WHEREAS, the project has been adequately analyzed in an earlier adopted mitigated negative declaration and a subsequent mitigated negative declaration is not 3.A.6.a Packet Pg. 442 Attachment: Ordinance 19-08 (Development Agreement 2-15 Amendment 1) 2 required, because there are no changed circumstances pursuant to Section 15162 of the California Environmental Quality Act; WHEREAS, on March 18, 2019, the Planning Commission of the City of San Jacinto (“Planning Commission”) conducted a duly noticed public hearing on Development Agreement 2-15 Amendment No. 1, at which time all persons wishing to testify in connection with Development Agreement 2-15 Amendment No. 1 were heard and Development Agreement 2-15 Amendment No. 1 was comprehensively reviewed; WHEREAS, on April 2, 2019, pursuant to CEQA and in accordance with the recommendation of the Planning Commission for the City of San Jacinto (the “Planning Commission”), the City Council has determined that it can be seen with certainty that the approval of the Development Agreement Amendment is not likely to have any effect on the environment, and therefore further review is not necessary under CEQA and the CEQA Guidelines; and WHEREAS, on April 2, 2019, the San Jacinto City Council conducted a duly noticed public hearing concerning the Development Agreement, at which time all persons wishing to do so had an opportunity to provide testimony regarding the Development Agreement Amendment, and at which time the City Council thoroughly reviewed the Development Agreement Amendment; and THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Incorporation of Recitals. The Recitals set forth above are incorporated herein and made an operative part of this Ordinance as though fully set forth herein. Section 2. Findings. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings set forth in this Ordinance, the City Council adopts this Ordinance and approves Development Agreement 2-15 Amendment No. 1 based upon the following findings: A. That the Development Agreement Amendment No. 1 aids in the continued and consistent implementation of the Tract Map, provides a financial benefit to the City in the form of the Development Agreement Fee (as that term is defined in the Development Agreement) and is therefore in the best interest of the City. B. That the Development Agreement 2-15 Amendment No. 1 is consistent with the City’s General Plan and will allow the Owner to complete the Project in a manner which the City Council previously found to be consistent with 3.A.6.a Packet Pg. 443 Attachment: Ordinance 19-08 (Development Agreement 2-15 Amendment 1) 3 the City’s General Plan, and as recommend by the Planning Commission, the City Council finds continues to be consistent therewith. C. That the Development Agreement 2-15 Amendment No. 1 promotes the public health, safety and welfare of the community because it will permit and encourage the development of residential units in accordance with the approved Tract Map and will allow for the most efficient and logical development of the real property governed by the Development Agreement in the City. D. That the Project is covered under the Tract Map, which provides for a single-family development, is therefore compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property subject to the Development Agreement Amendment is located and will not adversely affect the orderly development of property or the preservation of property values. E. The Development Agreement Amendment is consistent with the following General Plan Land Use Element goals and policies, and will further important and officially recognized City wide goals and policies, by allowing the Owner to develop the Project under the terms of the Development Agreement: (i) Land Use Element No. 4 – Manage and Direct Growth – This Land Use Element encourages development consistent with the zoning of the property and provide s for adequate levels of public services and facilities to be provided for the new development. F. That Development Agreement 2-15 Amendment No. 1 will provide the City with important, tangible benefits including the increased Development Agreement Fee provided for in the Agreement, and development of the Tract Map. Section 3. Adoption of Development Agreement 2-15 Amendment No. 1. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings set forth in this Ordinance, the City Council hereby adopts Development Agreement 2-15 Amendment No. 1, as set forth in Exhibit “A”. Section 4. CEQA. The City Council has reviewed the Project pursuant to CEQA and in accordance with the recommendation of the Planning Commission for the City of San Jacinto, the City Council has determined that the Project has been adequately analyzed in an earlier adopted mitigated negative declaration, and a subsequent mitigated negative declaration is not required because there are no 3.A.6.a Packet Pg. 444 Attachment: Ordinance 19-08 (Development Agreement 2-15 Amendment 1) 4 changed circumstances pursuant to Section 15162. Further, it can be seen with certainty that the approval of the Development Agreement Amendment is not likely to have any effect on the environment, and therefore further review is not necessary under CEQA and the CEQA Guidelines. Section 5. Notice of Determination. Staff is directed to file a Notice of Determination with the Riverside County Recorder’s Office within five (5) working days of adoption of this Ordinance. Section 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City Clerk’s office located at 595 S. San Jacinto Avenue, San Jacinto, CA 92583. The custodian for these records is the City Clerk. Section 7. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. Section 8. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption. Section 9. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Jacinto, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Governme nt Code § 36933. Introduced at a regular meeting of the City Council on the 2nd day of April 2019. 3.A.6.a Packet Pg. 445 Attachment: Ordinance 19-08 (Development Agreement 2-15 Amendment 1) 5 ORDINANCE NO. 19-08 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 16th day of April 2019, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: City of San Jacinto: ______________________________ Russell Utz, Mayor ATTEST: _______________________________ Angela Walton, City Clerk APPROVED AS TO FORM: Best Best & Kriegar, LLP _______________________________ Michael J. Maurer, City Attorney 3.A.6.a Packet Pg. 446 Attachment: Ordinance 19-08 (Development Agreement 2-15 Amendment 1) 6 CERTIFICATION State of California ) County of Riverside) ss City of San Jacinto) I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Ordinance No. 19-08 was introduced at a regular meeting of the City Council of the City of San Jacinto on the 16th day of April 2019. Ordinance No. 19-08 was passed, approved, and adopted by the City Council of the City of San Jacinto, California, at a regular meeting of the City Council held on the 16th day of April 2019, by the following vote of at least four-fifths of the City Council: AYES: NAYS: ABSENT: ABSTAIN: Witness my hand and seal the 16th day of April 2019. _____________________________ Angela Walton, City Clerk City of San Jacinto 3.A.6.a Packet Pg. 447 Attachment: Ordinance 19-08 (Development Agreement 2-15 Amendment 1) EXHIBIT “A” DEVELOPMENT AGREEMENT N0. 2-15 AMENDMENT NO. 1 BY AND BETWEEN THE CITY OF SAN JACINTO AND JJ&J DEVELOPMENT GROUP, LLC 3.A.6.a Packet Pg. 448 Attachment: Ordinance 19-08 (Development Agreement 2-15 Amendment 1) Recorded at request of ) Clerk, City Council ) City of San Jacinto ) ) When recorded return to ) City of San Jacinto ) 595 S. San Jacinto Avenue ) San Jacinto, CA 92583 ) Attention: City Clerk ) ________________________________________________________________________ Exempt from Filing Fees Govt. Code 6103 AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2-15 A DEVELOPMENT AGREEMENT BETWEEN CITY OF SAN JACINTO and JJ&J DEVELOPMENT GROUP, LLC a California limited liability company 3.A.6.b Packet Pg. 449 Attachment: "Exhibit A" Development Agreement 2-15 Amendment No. 1 (Development Agreement 2-15 Amendment 1) 2 AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2-15 This Amendment No. 1 (“Amendment”) to Development Agreement No. 2-15 is made by and between the City of San Jacinto (“CITY”) and JJ&J Development Group, LLC, a California limited liability company (“OWNER”) as of the Effective Date of Amendment (defined below) and pursuant to the authority of Section 65864, et seq., of the Government Code of the State of California, and in light of the following recitals: I. RECITALS A. On or about August 4, 2015, the CITY and Sunwood San Jacinto, LLC a Delaware limited liability company (“PRIOR OWNER”) entered into Development Agreement No. 2-15 recorded on November 19, 2015 as Instrument No. 2015 0509390 in the Official Records of Riverside County, California (“Agreement”). The Agreement concerns “Development” of the “Project” on the “Property” by the “PRIOR OWNER,” as those terms are defined in Section 1 of the Agreement. B. Following execution of the Agreement, ownership of the Property changed ownership and Tract No. 32250 in the City of San Jacinto is currently owned by JJ&J Development Group, LLC. C. JJ&J Development Group, LLC is the new owner. All references in the Agreement to “OWNER” shall be interpreted to refer to JJ&J Development Group, LLC. D. Currently, the term of the Agreement established in Section 2.3 of the Agreement was set to expire September 4, 2018. The Parties now seek to extend the Agreement for an additional twenty- four months as set forth below. E. The Parties also seek to amend the Agreement so that the Development Agreement Fee will be $2,000 per residential unit for the period September 5, 2018 through September 4, 2019 and Two Thousand Five Hundred Dollars ($2,500.00) for the period September 5, 2019 through September 4, 2020 an increase from $1,200.00 per residential unit, during the extend period of the Agreement’s term, 3.A.6.b Packet Pg. 450 Attachment: "Exhibit A" Development Agreement 2-15 Amendment No. 1 (Development Agreement 2-15 Amendment 1) 3 as set forth below. II. TERMS OF THE AMENDMENT WHEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, the Parties hereby agree as follows: 1. Effective Date of Amendment. This Amendment shall become effective on the date on which all of the following are true (“Effective Date of Amendment”): (i) this Amendment has been executed by JJ&J Development Group’s respective duly authorized officer and delivered to the CITY; (ii) this Amendment has been approved by ordinance of the City Council of the City and such ordinance has become effective; (iii) this Amendment has been duly executed by the Mayor of the City and delivered to JJ&J Development Group. 2. Recordation of Amendment. The CITY and JJ&J Development Group hereby consent to the recordation of this Amendment and the Agreement in the Official Records of Riverside County, California, by the City Clerk following the Effective Date of Amendment. 3. Amendment to Section 2.3. Section 2.3 of the Agreement entitled “Term” is hereby amended by deleting the reference therein to “thirty-six (36) months” and replacing it with a reference to sixty (60) months. Section 2.4. Pursuant to Section 2.4 of the Agreement entitled “Assignment”, the PRIOR OWNER, Sunwood San Jacinto, LLC did not assign the agreement to the new OWNER. As part of this Agreement CITY acknowledges the property transfer to new owner, JJ&J Development Group, and through this Amendment the assignment to new owner. Amendment to Section 2.7. Section 2.7 of the Agreement entitled “Notices” shall be amended to update the City Attorney’s and Owner’s addresses, as follows: 3.A.6.b Packet Pg. 451 Attachment: "Exhibit A" Development Agreement 2-15 Amendment No. 1 (Development Agreement 2-15 Amendment 1) 4 Copy to: Best, Best & Krieger, LLP 300 South Grand Ave. 25th Floor Los Angeles, CA 90071 Attn: City Attorney Telephone: (213) 617-8100 Facsimile: (213) 617-7480 If to owner: JJ&J Development Group, LLC Attn: Jeff Rahman 311 South State Street Hemet, CA 92543 Telephone: (951) 538-6095 Amendment to Section 4.3. The first paragraph of Section 4.3 of the Agreement entitled “Development Agreement Fee” is hereby deleted in its entirety and replaced with the following: “4.3. Development Agreement Fee. In addition to the Development Impact Fees and obligations of OWNER contained in this Agreement, Project shall also be subject to a “Development Agreement Fee.” The Development Agreement Fee shall be made to CITY and shall cover sixty (60) month Term of this Agreement. The Development Agreement Fee shall be $2,000 per residential unit for the period September 5, 2018 through September 4, 2019 and Two Thousand Five Hundred Dollars ($2,500.00) for the period September 5, 2019 through September 4, 2020. The Development Agreement Fee shall not be used to offset any Development Impact Fee(s). OWNER shall not be entitled to any credit against the Development Agreement Fee resulting from OWNER’s provision of public improvements as required by the Development Plan or this Agreement. No Other Changes. Except as expressly amended by this Amendment, all of the other terms and conditions of the Agreement remain in full force and effect. Nothing contained in this Amendment shall 3.A.6.b Packet Pg. 452 Attachment: "Exhibit A" Development Agreement 2-15 Amendment No. 1 (Development Agreement 2-15 Amendment 1) 5 be deemed to affect the rights and responsibilities of the CITY with regard to any other owner(s) or developer(s) of Tract 32550. Severability. If any provisions of this Amendment shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Governing Law; Venue. This Amendment shall be interpreted in accordance with the Laws of the State of California. Venue shall be in Riverside County, California. Incorporation of Recitals. The Recitals set forth above are true and correct and are incorporated into this Amendment by reference as though fully set forth herein. IN WITNESS WHEREOF, CITY and OWNER have caused this Amendment to be duly executed on the date set forth below. SIGNATURES ON THE FOLLOWING PAGE 3.A.6.b Packet Pg. 453 Attachment: "Exhibit A" Development Agreement 2-15 Amendment No. 1 (Development Agreement 2-15 Amendment 1) 6 SIGNATURE PAGE TO AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2-15 CITY OF SAN JACINTO JJ&J DEVELOPMENT GROUP, LLC, a California limited liability company By: _________________________ Russell Utz, Mayor Date: _____________________ By: ________________________ Jeff Rahman Its: _______________________ Date: _____________________ Attest: By: _______________________ Angela Walton, City Clerk Approved as to form: Best Best & Krieger LLP By: _____________________ Michael Maurer, City Attorney [Signatures must be notarized] 3.A.6.b Packet Pg. 454 Attachment: "Exhibit A" Development Agreement 2-15 Amendment No. 1 (Development Agreement 2-15 Amendment 1) 7 EXHIBIT “A” LEGAL DESCRIPTION Real Property in the County of Riverside, State of California: Lots 1 through 52 and Letter “F” of Tract No. 32250, as Shown by Map on file in book 407 pages 82 through 85 of Maps, Records of Riverside County, California More commonly known as: Vacant Land – Lots 1 through 52 APN # 436-612-5, San Jacinto, CA 3.A.6.b Packet Pg. 455 Attachment: "Exhibit A" Development Agreement 2-15 Amendment No. 1 (Development Agreement 2-15 Amendment 1) 8 EXHIBIT “B” MAP OF AREA [***ATTACHED BEHIND THIS PAGE***] 3.A.6.b Packet Pg. 456 Attachment: "Exhibit A" Development Agreement 2-15 Amendment No. 1 (Development Agreement 2-15 Amendment 1) 9 3.A.6.b Packet Pg. 457 Attachment: "Exhibit A" Development Agreement 2-15 Amendment No. 1 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 458Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 459Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 460Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 461Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 462Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 463Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 464Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 465Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 466Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 467Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 468Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 469Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 470Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 471Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 472Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 473Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 474Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 475Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 476Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 477Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 478Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 479Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 480Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 481Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 482Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 483Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 484Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 485Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 486Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 487Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 488Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 489Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 490Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) 3.A.6.cPacket Pg. 491Attachment: Development Agreement 2-15 (Development Agreement 2-15 Amendment 1) April 16, 2019 TO: City Council REQUESTED BY: Habib Motlagh, City Engineer APPROVED BY: Robert A. Johnson, City Manager SUBJECT: SB-1 Road Maintenance and Rehabilitation Account FY 2019-20 RECOMMENDATION: Adopt the Resolution approving List of Projects Utilizing SB-1 Road Maintenance and Rehabilitation Account (RMRA) funding for Fiscal Year 2019/20. DISCUSSION: SB-1 represents a comprehensive transportation proposal inclusive of sensitive reforms, modest increases to existing revenue sources, and robust infrastructure investment. Over the next 10 years, SB-1 revenue estimates for local agencies in California are as follows: $15 billion to local streets and road maintenance, $7.5 billion to transit operations and capital, $2 billion for the local partnership program, $1 billion for the Active Transportation Program, $825 million for the State Transportation Improvement Program, and $250 million for local planning grants. Also, approximately $25.9 billion SB-1 revenue will go to fund the State Highway System. To comply with the regulations and requirements under SB-1 guidelines, each agency is to provide a list of eligible projects through the adoption of a Resolution adopted by its governing board for submittal to the California Transportation Commission for approval. The attached Resolution includes a listing of local streets throughout the City that requires improvements. This listing of projects will be considered for FY 2019/20 budget based on SB-1 RMRA funding availability. FISCAL IMPACT: It is estimated that San Jacinto will receive SB-1 RMRA apportionments of approximately $796,895 in Fiscal Year 2019/20. This funding will be utilized to fund projects included in the attached SB-1 RMRA FY 2019/20 Resolution. ATTACHMENTS: SJ SB1-Project-List-Resolution_04-16-2019 3.A.7 Packet Pg. 492 STATE OF CALIFORNIA) RESOLUTION NO. 3758 COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO) RESOLUTION TO ADOPT A LIST OF PROJECTS FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City of San Jacinto are aware of the projects proposed for funding in our community and which projects are in progress or have been completed each fiscal year; and WHEREAS, the City of San Jacinto must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution, which must include a description and the location of each proposed project, a proposed schedu le for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City of San Jacinto, will receive an estimated $796,895 in RMRA funding in Fiscal Year 2019-20 from SB 1; and WHEREAS, the City of San Jacinto has prioritized the pavement rehabilitation projects based on current road condition to create the pavement rehabilitation project list to be funded by SB1 RMRA FY 2019/20; and WHEREAS, the funding from SB 1 will help the City of San Jacinto maintain and rehabilitate the Mountain Road from Seventh to Esplanade in the City of San Jacinto and cover the cost of a Pavement Condition Inventory in FY 2019/20 and other similar projects in the future; and WHEREAS, the 2016 California Statewide Local Streets and Roads Needs Assessment found that the City of San Jacinto streets and roads are in an “poor” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and 3.A.7.a Packet Pg. 493 Attachment: SJ SB1-Project-List-Resolution_04-16-2019 (SB-1 Road Maintenance and Rehabilitation Account FY 2019-20) WHEREAS, the average motorist pays more than $700 a year in added repair costs for their vehicle, just because of the poor condition of our roads however, a recent study by the American Road and Transportation Builders Association (ARTBA) found transportation improvements from SB 1 will bring annual savings of nearly $300 per household; and WHEREAS, if the Legislature and Governor failed to act, city streets and county roads would have continued to deteriorate, having many and varied negative impacts o n our community; and WHEREAS, cities and counties own and operate more than 81 percent of streets and roads in California, and from the moment we open our front door to drive to work, bike to school, or walk to the bus station, people are dependent upon a safe, reliable local transportation network; and WHEREAS, modernizing the local street and road system provides well-paying construction jobs and boosts local economies; and WHEREAS, the local street and road system is also critical for farm to market needs, interconnectivity, multimodal needs, and commerce; and WHEREAS, police, fire, and emergency medical services all need safe reliable roads to react quickly to emergency calls and a few minutes of delay can be a matter of life and death; and WHEREAS , maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduce vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and WHEREAS, restoring roads before they fail also reduces construction time which results in less air pollution from heavy equipment and less water pollution from si te run- off; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide. 3.A.7.a Packet Pg. 494 Attachment: SJ SB1-Project-List-Resolution_04-16-2019 (SB-1 Road Maintenance and Rehabilitation Account FY 2019-20) NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of San Jacinto, State of California, as follows: 1. The foregoing recitals are true and correct. 2. The City of San Jacinto is adopting the following list of projects planned to be funded in fiscal year 2019-20 with Road Maintenance and Rehabilitation Account revenues: Mountain Avenue from Seventh to Esplanade (Residential) Completion date June 30, 2020 with an estimated life of 7-10 years. Citywide Slurry Seal Program. Completion date June 30, 2020 with an estimated life of 5-8 years. Pavement Condition Inventory (PCI). Completion date June 30, 2020. PCI will provide city staff with a listing of road conditions to prioritize pavement rehabilitation in future years. PASSED AND ADOPTED by the City Council of the City of San Jacinto, State of California this 16th day of April, 2019, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: City of San Jacinto ________________________________ Russell Utz, Mayor ATTEST: ______________________________ Angela Walton, City Clerk 3.A.7.a Packet Pg. 495 Attachment: SJ SB1-Project-List-Resolution_04-16-2019 (SB-1 Road Maintenance and Rehabilitation Account FY 2019-20) APPROVED AS TO FORM: Best Best & Kriegar LLP ______________________________ Michael J. Maurer, City Attorney 3.A.7.a Packet Pg. 496 Attachment: SJ SB1-Project-List-Resolution_04-16-2019 (SB-1 Road Maintenance and Rehabilitation Account FY 2019-20) STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO) CERTIFICATE I, Angela Walton, City Clerk of the City of San Jacinto, do hereby certify that t he foregoing Resolution No. 3758 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 16th day of April 2019. AYES: NOES: ABSENT: ABSTAIN: WITNESS MY HAND AND OFFICIAL SEAL this 16th day of April 2019. _________________________________ Angela Walton, City Clerk 3.A.7.a Packet Pg. 497 Attachment: SJ SB1-Project-List-Resolution_04-16-2019 (SB-1 Road Maintenance and Rehabilitation Account FY 2019-20) April 16, 2019 TO: City Council REQUESTED BY: Angela Walton, City Clerk APPROVED BY: Robert A. Johnson, City Manager SUBJECT: Conflict of Interest Code Amendment RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 3757 approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974. DISCUSSION: The Political Reform Act of 1974, Government Code section 81000 et seq. (the “Act”), requires all public agencies to adopt and maintain a conflict of interest code establishing the rules for disclosure of personal assets and the disqualification from making or participating in the making of any decisions that may affect any personal assets designating positions and establishing disclosure categories. Pursuant to Section 87306 of the Act, the City must amend its Code when necessitated by changed circumstances including the creation of new positions which must be designated. Attached is a redlined version of the proposed amended Code showing that the proposed revisions are based on the establishment and recognition of a new position that must be designated. FISCAL IMPACT: None. ATTACHMENTS: Resolution No. 3757 Conflict of Interest Code Amendment Conflict of Interest 2019 Amendment Redlined Legislative Changes Conflict of Interest Amendment Legislative Changes Clean Version 3.A.8 Packet Pg. 498 24438.00000\31948424.1 STATE OF CALIFORNIA ) RESOLUTION NO. 3757 COUNTY OF RIVERSIDE ) ss. CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 WHEREAS, the State of California enacted the Political Reform Act of 1974, Government Code Section 81000 et seq. (the “Act”), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the City of San Jacinto (“City”) and requires all public agencies to adopt and promulgate a conflict of interest code; and WHEREAS, the City Council adopted a Conflict of Interest Code (the “Code”) which was amended on February 19, 2019, in compliance with the Act; and WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the City’s Code; and WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include criminal and civil liability, as well as equitable relief which could result in the City being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and WHEREAS, notice of the time and place of a public meeting on, and of consideration by the City Council of, the proposed amended Code was provided each newly designated position and publicly posted for review at the offices of the City; and WHEREAS, a public meeting was held upon the proposed amended Code at a regular meeting of the City Council on April 16, 2019, at which all present were given an opportunity to be heard on the proposed amended Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Jacinto: SECTION 1. The City Council does hereby adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto. SECTION 2. The amended Conflict of Interest Code shall be on file with the City Clerk and available to the public for inspection and copying during regular business hours. 3.A.8.a Packet Pg. 499 Attachment: Resolution No. 3757 Conflict of Interest Code Amendment (Conflict of Interest Code Amendment) 2 24438.00000\31948424.1 SECTION 3. The amended Code shall become effective upon adoption and approval of the amended Code as submitted. APPROVED AND ADOPTED this 16th day of April, 2019, by the following vote: AYES: NAYS: ABSTAIN: ABSENT: City of San Jacinto ________________________________ Russell Utz, Mayor ATTEST: ______________________________ Angela Walton, City Clerk APPROVED AS TO FORM: Best Best & Kriegar LLP ______________________________ Michael J. Maurer, City Attorney 3.A.8.a Packet Pg. 500 Attachment: Resolution No. 3757 Conflict of Interest Code Amendment (Conflict of Interest Code Amendment) 3 24438.00000\31948424.1 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO) CERTIFICATE I, Angela Walton, City Clerk of the City of San Jacinto, do hereby certify that t he foregoing Resolution No. 3757 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 16th day of April 2019. AYES: NOES: ABSENT: ABSTAIN: WITNESS MY HAND AND OFFICIAL SEAL this 16th day of April 2019. _________________________________ Angela Walton, City Clerk 3.A.8.a Packet Pg. 501 Attachment: Resolution No. 3757 Conflict of Interest Code Amendment (Conflict of Interest Code Amendment) LAW OFFICES OF BEST BEST & KRIEGER LLP BBK – December 2018 March 2019 24438.00000\31948209.2 LEGISLATIVE CHANGES (SHOWS CHANGES MADE) CONFLICT OF INTEREST CODE FOR THE CITY OF SAN JACINTO 3.A.8.b Packet Pg. 502 Attachment: Conflict of Interest 2019 Amendment Redlined Legislative Changes (Conflict of Interest Code Amendment) App. A- 1- BBK – December 2018 March 2019 24438.00000\31948209.2 LAW OFFICES OF BEST BEST & KRIEGER LLP CONFLICT OF INTEREST CODE FOR THE CITY OF SAN JACINTO (Amended February 19, 2019 March 16, 2019) The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. § 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing, Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of San Jacinto (the “City”). The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, shall electronically file their statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.) 3.A.8.b Packet Pg. 503 Attachment: Conflict of Interest 2019 Amendment Redlined Legislative Changes (Conflict of Interest Code Amendment) App. A- 2- BBK – December 2018 March 2019 24438.00000\31948209.2 LAW OFFICES OF BEST BEST & KRIEGER LLP APPENDIX CONFLICT OF INTEREST CODE OF THE CITY OF SAN JACINTO (Amended February 19, 2019 March 16, 2019) PART “A” The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18701(b), are NOT subject to the City’s Code but must file disclosure statements under Government Code section 87200 et seq. [Regs. § 18730(b)(3)] OFFICIALS WHO MANAGE PUBLIC INVESTMENTS It has been determined that the positions listed below are Other City Officials who manage public investments1. These positions are listed here for informational purposes only. Finance Director Financial Consultants 1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200. 3.A.8.b Packet Pg. 504 Attachment: Conflict of Interest 2019 Amendment Redlined Legislative Changes (Conflict of Interest Code Amendment) App. A- 3- BBK – December 2018 March 2019 24438.00000\31948209.2 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED POSITIONS GOVERNED BY THE CONFLICT OF INTEREST CODE DESIGNATED POSITIONS’ TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED Administrative Analyst 4 Associate Planner 2, 3, 5 Building Inspector (ALL) 2, 5, 6 City Attorney (Not filing under Gov Code 87200) 1, 2 City Clerk 5 City Engineer 2, 3, 5, 6 Code Enforcement Manager 2, 5, 6 Code Enforcement Officer (ALL) 2, 5, 6 Code Enforcement Supervisor 2, 5, 6 Community Development Assistant 6 Deputy City Manager, Administrative Services 4 Economic Development & Special Projects Administrator 1, 2 General Accounting Manager 4 General Manager, DWP 2, 3, 5 GIS Graphics Technician 5 Human Resources Analyst 5 Human Resources Director 5 Landscape and Irrigation Leadworker 3, 5, 6 3.A.8.b Packet Pg. 505 Attachment: Conflict of Interest 2019 Amendment Redlined Legislative Changes (Conflict of Interest Code Amendment) DESIGNATED POSITIONS’ TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED App. A- 4- BBK – December 2018 March 2019 24438.00000\31948209.2 LAW OFFICES OF BEST BEST & KRIEGER LLP Management Analyst 1, 2 Manager, Information Services 5 Planning & Community Development Director 1, 2 Planning Director 1, 2 Planning Technician 6 Plans Examiner Sr. 2, 3, 5, 6 Police Chief 5, 6 Police Commander 5, 6 Public Works Director 1,2 Public Works Supervisor – Parks 5 Public Works Supervisor - Streets 3, 5 Senior Planner 1, 2 Special District Administrator 1, 2 Streets & Parks Superintendent 3, 5 Water Utilities Superintendent 3, 5 Water Utilities Supervisor 3, 5 3.A.8.b Packet Pg. 506 Attachment: Conflict of Interest 2019 Amendment Redlined Legislative Changes (Conflict of Interest Code Amendment) DESIGNATED POSITIONS’ TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED App. A- 5- BBK – December 2018 March 2019 24438.00000\31948209.2 LAW OFFICES OF BEST BEST & KRIEGER LLP MEMBERS OF BOARDS, COMMITTEES & COMMISSIONS Community Preservation Committee 1, 2 Oversight Board to the Successor Agency 1, 2 Successor Agency 1, 2 Consultants and New Positions2 2 Individuals serving as a Consultant as defined in Regulation 18700.3(a), or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure set forth in this Code subject to the following limitation: The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code Sec. 81008.) 3.A.8.b Packet Pg. 507 Attachment: Conflict of Interest 2019 Amendment Redlined Legislative Changes (Conflict of Interest Code Amendment) App. B- 1- BBK – December 2018 March 2019 24438.00000\31948209.2 LAW OFFICES OF BEST BEST & KRIEGER LLP PART “B” DISCLOSURE CATEGORIES The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned.3 ”Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in, doing business in, planning to do business in, or have done business during the previous two years in the jurisdiction of the City. Category 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are located in, do business in, or own real property within the jurisdiction of the City. Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City. Category 3: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City. Category 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City. Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the Designated Position’s Department, Unit or Division. Category 6: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the Designated position’s department, unit or division. 3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1) 3.A.8.b Packet Pg. 508 Attachment: Conflict of Interest 2019 Amendment Redlined Legislative Changes (Conflict of Interest Code Amendment) LAW OFFICES OF BEST BEST & KRIEGER LLP BBK – March 2019 24438.00000\31948209.3 CONFLICT OF INTEREST CODE FOR THE CITY OF SAN JACINTO 3.A.8.c Packet Pg. 509 Attachment: Conflict of Interest Amendment Legislative Changes Clean Version (Conflict of Interest Code Amendment) App. A- 1- BBK – March 2019 24438.00000\31948209.3 LAW OFFICES OF BEST BEST & KRIEGER LLP CONFLICT OF INTEREST CODE FOR THE CITY OF SAN JACINTO (Amended March 16, 2019) The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. § 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code . After public notice and hearing, Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of San Jacinto (the “City”). The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, shall electronically file their statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.) 3.A.8.c Packet Pg. 510 Attachment: Conflict of Interest Amendment Legislative Changes Clean Version (Conflict of Interest Code Amendment) App. A- 2- BBK – March 2019 24438.00000\31948209.3 LAW OFFICES OF BEST BEST & KRIEGER LLP APPENDIX CONFLICT OF INTEREST CODE OF THE CITY OF SAN JACINTO (Amended March 16, 2019) PART “A” The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18701(b), are NOT subject to the City’s Code but must file disclosure statements under Government Code section 87200 et seq. [Regs. § 18730(b)(3)] OFFICIALS WHO MANAGE PUBLIC INVESTMENTS It has been determined that the positions listed below are Other City Officials who manage public investments1. These positions are listed here for informational purposes only. Finance Director Financial Consultants 1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200. 3.A.8.c Packet Pg. 511 Attachment: Conflict of Interest Amendment Legislative Changes Clean Version (Conflict of Interest Code Amendment) App. A- 3- BBK – March 2019 24438.00000\31948209.3 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED POSITIONS GOVERNED BY THE CONFLICT OF INTEREST CODE DESIGNATED POSITIONS’ TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED Administrative Analyst 4 Associate Planner 2, 3, 5 Building Inspector (ALL) 2, 5, 6 City Attorney (Not filing under Gov Code 87200) 1, 2 City Clerk 5 City Engineer 2, 3, 5, 6 Code Enforcement Manager 2, 5, 6 Code Enforcement Officer (ALL) 2, 5, 6 Code Enforcement Supervisor 2, 5, 6 Community Development Assistant 6 Deputy City Manager, Administrative Services 4 Economic Development & Special Projects Administrator 1, 2 General Accounting Manager 4 General Manager, DWP 2, 3, 5 GIS Graphics Technician 5 Human Resources Analyst 5 Human Resources Director 5 Landscape and Irrigation Leadworker 3, 5, 6 3.A.8.c Packet Pg. 512 Attachment: Conflict of Interest Amendment Legislative Changes Clean Version (Conflict of Interest Code Amendment) DESIGNATED POSITIONS’ TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED App. A- 4- BBK – March 2019 24438.00000\31948209.3 LAW OFFICES OF BEST BEST & KRIEGER LLP Management Analyst 1, 2 Manager, Information Services 5 Planning & Community Development Director 1, 2 Planning Director 1, 2 Planning Technician 6 Plans Examiner Sr. 2, 3, 5, 6 Police Chief 5, 6 Police Commander 5, 6 Public Works Director 1,2 Public Works Supervisor – Parks 5 Public Works Supervisor - Streets 3, 5 Senior Planner 1, 2 Special District Administrator 1, 2 Streets & Parks Superintendent 3, 5 Water Utilities Superintendent 3, 5 Water Utilities Supervisor 3, 5 3.A.8.c Packet Pg. 513 Attachment: Conflict of Interest Amendment Legislative Changes Clean Version (Conflict of Interest Code Amendment) DESIGNATED POSITIONS’ TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED App. A- 5- BBK – March 2019 24438.00000\31948209.3 LAW OFFICES OF BEST BEST & KRIEGER LLP MEMBERS OF BOARDS, COMMITTEES & COMMISSIONS Community Preservation Committee 1, 2 Oversight Board to the Successor Agency 1, 2 Successor Agency 1, 2 Consultants and New Positions2 2 Individuals serving as a Consultant as defined in Regulation 18700.3(a), or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure set forth in this Code subject to the following limitation: The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code Sec. 81008.) 3.A.8.c Packet Pg. 514 Attachment: Conflict of Interest Amendment Legislative Changes Clean Version (Conflict of Interest Code Amendment) App. B- 1- BBK – March 2019 24438.00000\31948209.3 LAW OFFICES OF BEST BEST & KRIEGER LLP PART “B” DISCLOSURE CATEGORIES The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned.3 ”Investment” means financial interest in any business entity (including a consulting business or other independent contra cting business) and are reportable if they are either located in, doing business in, planning to do business in, or have done business during the previous two years in the jurisdiction of the City. Category 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are located in, do business in, or own real property within the jurisdiction of the City. Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City. Category 3: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City. Category 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City. Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the Designated Position’s Department, Unit or Division. Category 6: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the Designated position’s department, unit or division. 3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1) 3.A.8.c Packet Pg. 515 Attachment: Conflict of Interest Amendment Legislative Changes Clean Version (Conflict of Interest Code Amendment) April 16, 2019 TO: City Council REQUESTED BY: Robert Johnson, City Manager APPROVED BY: Robert A. Johnson, City Manager SUBJECT: Supporting Balanced Energy Solutions and Maintaining Local Control of Energy Solutions RECOMMENDATION: Staff recommends that the City Council adopt a Resolution of the City Council of the City of San Jacinto, California, supporting balanced energy solutions and maintaining local control of energy solutions. DISCUSSION: This resolution is in support of maintaining local energy solutions and local control of energy solutions for the City of San Jacinto residents and businesses. This resolution is in support of balanced energy solutions that provide the City with the decision-making authority and resources needed to achieve the state’s climate goals. This resolution also supports proposed state legislation and regulation that retains local control by allowing all technologies and energy resources that can power buildings, fuel vehicles, and meet or exceed emissions reductions regulations. Randon Lane, the Public Affairs Manager of the Southern California Gas Company, has requested the City Council to support this endeavor. FISCAL IMPACT: There is no fiscal impact related to this item. ATTACHMENTS: Resolution No. 3760 3.A.9 Packet Pg. 516 STATE OF CALIFORNIA ) RESOLUTION NO. 3760 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA SUPPORTING BALANCED ENERGY SOLUTIONS AND MAINTAINING LOCAL CONTROL OF ENERGY SOLUTIONS WHEREAS California’s energy policies are critical to reducing greenhouse gas emissions and reducing the impact of climate change on our citizens; and WHEREAS the state legislature and state agencies are increasingly proposing new legislation and regulations eliminating choice of energy by mandating technologies to power buildings and public and private fleets , including transit and long-haul trucking, as a strategy to achieve the state’s climate goals; and WHEREAS clean, affordable and reliable energy is crucial to the material health, safety and well-being of San Jacinto residents, particularly the most vulnerable, who live on fixed incomes, including the elderly and working families who are struggling financially; and WHEREAS the need for clean, affordable and reliable energy to attract and retain local businesses, create jobs and spur economic development is vital to our city’s success in a highly competitive and increasingly regional and global marketplace; and WHEREAS San Jacinto, its residents and businesses value local control and the right to choose the policies and investments that most affordably and efficiently enable them to comply with state requirements; and WHEREAS building and vehicle technology mandates eliminate local control and customer choice, suppress innovation, reduce reliability and unnecessarily increase costs for San Jacinto residents and businesses; and WHEREAS the City understands that relying on a single energy delivery system unnecessarily increases vulnerabilities to natural and man-made disasters, and that a diversity of energy delivery systems and resources contribute to greater reliability and community resilience; and WHEREAS San Jacinto understands the need to mitigate the impacts of climate change and is committed to doing its part to help the state achieve its climate goals, but requires the flexibility to do so in a manner that best serves the needs of its residents and businesses. 3.A.9.a Packet Pg. 517 Attachment: Resolution No. 3760 (Supporting Balanced Energy Solutions and Maintaining Local Control of Energy Solutions) NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Jacinto, as follows: That the City supports balanced energy solutions that provide it with the decision- making authority and resources needed to achieve the state’s climate goals and supports proposed state legislation and regulation that retains local control by allowing all technologies and energy resources that can power buildings and fuel vehicles, and also meet or exceed emissions reductions regulations. APPROVED AND ADOPTED this 16th day of April, 2019, by the following vote: AYES: NAYS: ABSTAIN: ABSENT: City of San Jacinto ________________________________ Russell Utz, Mayor ATTEST: ______________________________ Angela Walton, City Clerk APPROVED AS TO FORM: Best Best & Kriegar LLP ______________________________ Michael J. Maurer, City Attorney 3.A.9.a Packet Pg. 518 Attachment: Resolution No. 3760 (Supporting Balanced Energy Solutions and Maintaining Local Control of Energy Solutions) STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO) CERTIFICATE I, Angela Walton, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3760 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 16th day of April 2019. AYES: NOES: ABSENT: ABSTAIN: WITNESS MY HAND AND OFFICIAL SEAL this 16th day of April 2019. ________________________________ Angela Walton, City Clerk 3.A.9.a Packet Pg. 519 Attachment: Resolution No. 3760 (Supporting Balanced Energy Solutions and Maintaining Local Control of Energy Solutions) April 16, 2019 TO: City Council REQUESTED BY: Tom Prill, Deputy City Manager APPROVED BY: Robert A. Johnson, City Manager SUBJECT: Amending San Jacinto Power Electric Generation Rates RECOMMENDATION: Staff recommends that the City Council adopt Resolution No. 3759 amending San Jacinto Power electric generation rates, effective with meter reads beginning April 12, 2019. BACKGROUND: San Jacinto Power (“SJP”) has been serving customers since 2018. An essential part of SJP’s operation is rate setting. A fundamental requirement in setting rates is to ensure sufficient revenue to cover SJP’s operating expenses and provide for reserves. In addition to meeting these requirements, SJP’s proposed rate schedule provides savings to SJP customers as compared to current SCE rates. For ease in customer understanding, and cost comparisons, SJP’s rates are developed to mirror those of Southern California Edison (“SCE”) while providing a savings for the energy generation portion of a customer’s electric bill. By offering a 3% discount to its customers, SJP has saved San Jacinto residents and businesses an estimated $855,000 during the period April – November 2018. At its regular meeting on March 19, 2019, the City Council held a public hearing and adopted Resolution #3752 to amend the San Jacinto Power rate schedules, implementing the new time of use periods (“TOU”) and generation rate adjustments effective March 1, 2019. SCE has implemented a subsequent rate change, effective April 12, 2019. This change is related to its undercollection of revenue from 2018. During 2018 SCE’s generation rates were not set at a level that reflected the current market price of energy. As a result, SCE ended the year with an undercollection of over $700M. SCE’s rate change increases rates for residential customers an average of 8.4%. SJP sets its rates to offer customers a 3% discount off SCE’s rates, and to cover the expenses related to power procurement and administration. Staff recommends adjusting SJP rates to ensure sufficient revenue is collected to cover costs, maintain healthy reserves (including a rate stabilization fund to minimize future rate increases), while continuing to offer customers a 3% rate savings. A comparison of rates for residential customers is shown below: 4.1 Packet Pg. 520 Adopted Adopted Proposed 2018 3/1/19 % Chg 4/12/19 % Chg 3/1/19 % Chg 2018 SJP R ate 0.06301$ 0.06662$ 5.73%0.07222$ 8.406%14.617% SCE Rate (Adjusted for Exit Fees)0.06496$ 0.06868$ 5.73%0.07445$ 8.406%14.617% % Discount for S JP Customers -3%-3%-3% Staff will be returning in June 2019 with another proposed SJP rate change, related to the SCE 2019 Annual ERRA rate change, which normally takes place in January each year. The implementation of the annual rate change has been delayed due to protests of SCE’s rate proposals. With these increases for 2019 and depending on how the reserves are at the end of the year, staff may also bring back a recommendation for a one-time credit to customers to offset these increases. FISCAL IMPACT: The proposed rates would provide an approximate three percent (3%) savings to San Jacinto’s electricity customers when compared to SCE’s current generation rate schedule. ATTACHMENTS: Reso 3759 - SJP Generation Rates - 04-16-19 SJP 2019 Rates - Adopted Effective 04-12-19 - combined 4.1 Packet Pg. 521 STATE OF CALIFORNIA ) RESOLUTION NO. 3759 COUNTY OF RIVERSIDE ) ss. CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AMENDING ELECTRIC GENERATION RATE SCHEDULE FOR SAN JACINTO POWER COMMUNITY AGGREGATION PROGRAM WHEREAS, the City of San Jacinto (“City”) is a municipal corporation organized and operating under the laws of the State of California with the City Council of the City of San Jacinto (“City Council”) acting as the governing body of the City; WHEREAS, the City Council of the City of San Jacinto has heretofore adopted Ordinance 16-12, declaring its intent to establish a Community Choice Aggregation (CCA) program to be known as San Jacinto Power (SJP); WHEREAS, the City Council has additionally heretofore approved an Implementation Plan to establish a CCA program, and such Implementation Plan was certified by the California Public Utilities Commission on April 6, 2017; WHEREAS, the City Council has previously established electric generation rates for San Jacinto Power; and WHEREAS, the City Council wishes to amend the rate schedule; and WHEREAS, the rates as proposed are sufficient to cover the operating costs of SJP including maintaining reserves; and WHEREAS, the City Council has held a duly noticed public hearing, and has considered all evidence and testimony offered at said hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO AS FOLLOWS: SECTION 1. That based upon and in consideration of staff reports, presentations, public testimony and comment, and such other matters presented to the City Council during the public hearing on this matter, the City Council finds and declares the foregoing recitals to be true and correct and incorporates the same as substantive findings herein. SECTION 2. That power generation rates for customers of SJP are amended pursuant to the attached rate schedule and incorporated fully herein, and such rates shall be effective with meter readings beginning as of April 12, 2019. SECTION 3. The rates for power generation established by this Resolution may be amended by Resolution of the City Council, subject to compliance with applicable polices and laws relating to the same. 4.1.a Packet Pg. 522 Attachment: Reso 3759 - SJP Generation Rates - 04-16-19 (Amending San Jacinto Power Electric Generation Rates) Resolution No. 3759 Page 2 SECTION 4. That the City Clerk shall certify to the adoption of this Resolution, and it shall become effective immediately upon adoption. APPROVED and ADOPTED this 16th day of April 2019 by the following vote: AYES: NAYS: ABSTAIN: ABSENT: City of San Jacinto ________________________________ Russell Utz, Mayor ATTEST: ______________________________ Angela Walton, City Clerk APPROVED AS TO FORM: Best Best & Kriegar LLP ______________________________ Michael J. Maurer, City Attorney 4.1.a Packet Pg. 523 Attachment: Reso 3759 - SJP Generation Rates - 04-16-19 (Amending San Jacinto Power Electric Generation Rates) Resolution No. 3759 Page 3 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO) CERTIFICATE I, Angela Walton, City Clerk of the City of San Jacinto, do hereby certify that t he foregoing Resolution No. 3759 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 16th day of April 2019. AYES: NOES: ABSENT: ABSTAIN: WITNESS MY HAND AND OFFICIAL SEAL this 16th day of April 2019. _________________________________ Angela Walton, City Clerk 4.1.a Packet Pg. 524 Attachment: Reso 3759 - SJP Generation Rates - 04-16-19 (Amending San Jacinto Power Electric Generation Rates) 1 of 4 SCE EQUIVALENT SCHEDULE SJP RATE SCHEDULE UNIT/PERIOD DESCRIPTION DOMESTIC (D)DOMESTIC (D)per kWh All Usage 0.06662$ 0.07222$ DOMESTIC CARE (D-CARE)DOMESTIC CARE (D-CARE)per kWh All Usage 0.06662$ 0.07222$ DOMESTIC PRIMARY DOMESTIC PRIMARY per kWh All Usage $0.60490 $0.00000 TOU-D-A (Time of Use)TOU-D-A (Time of Use) ENERGY CHARGE ($/KWH)SUMMER June 1 through September 30 PEAK 2pm to 8pm Weekdays, except holidays 0.18827$ 0.20216$ OFF-PEAK All hours other than Peak and Super Off-Peak 0.05407$ 0.05882$ SUPER OFF-PEAK 10pm to 8am all year, every day 0.03823$ 0.04190$ WINTER October 1 through May 31 PEAK 2pm to 8pm Weekdays, except holidays 0.10483$ 0.11303$ OFF-PEAK All hours other than Peak and Super Off-Peak 0.04499$ 0.04912$ SUPER OFF-PEAK 10pm to 8am all year, every day 0.03910$ 0.04283$ BASELINE CREDITS per kWh -$ -$ RESIDENTIAL CUSTOMERS ADOPTED RATE 3/1/19 PROPOSED RATE 4/12/19 PROPOSED RATES EFFECTIVE APRIL 12, 2019 4.1.b Packet Pg. 525 Attachment: SJP 2019 Rates - Adopted Effective 04-12-19 - combined (Amending San Jacinto Power 2 of 4 SCE EQUIVALENT SCHEDULE SJP RATE SCHEDULE UNIT/PERIOD DESCRIPTION ADOPTED RATE 3/1/19 PROPOSED RATE 4/12/19 PROPOSED RATES EFFECTIVE APRIL 12, 2019 TOU-D-B (Time of Use)TOU-D-B (Time of Use) ENERGY CHARGE ($/KWH)SUMMER June 1 through September 30 PEAK 2pm to 8pm Weekdays, except holidays 0.28251$ 0.30553$ OFF-PEAK All hours other than Peak and Super Off-Peak 0.05407$ 0.05882$ SUPER OFF-PEAK 10pm to 8am all year, every day 0.01686$ 0.01686$ WINTER October 1 through May 31 PEAK 2pm to 8pm Weekdays, except holidays 0.08140$ 0.09191$ OFF-PEAK All hours other than Peak and Super Off-Peak 0.04499$ 0.04912$ SUPER OFF-PEAK 10pm to 8am all year, every day 0.01739$ 0.01739$ TOU-D-T (Time of Use Tiered)TOU-D-T (Time of Use Tiered) ENERGY CHARGE ($/KWH)SUMMER June 1 through September 30 TIER 1 PEAK - Up to 130% of Baseline 12pm - 6pm, except holidays 0.09507$ 0.10262$ TIER 1 OFF-PEAK - Up to 130% of BaselineAll other hours, all year, every day 0.08500$ 0.09187$ TIER 2 PEAK - More than 130% of Baseline12pm - 6pm, except holidays 0.09507$ 0.10262$ TIER 2 OFF-PEAK - More than 130% of BaselineAll other hours, all year, every day 0.08500$ 0.09187$ WINTER October 1 through May 31 TIER 1 PEAK - Up to 130% of Baseline 12pm - 6pm, except holidays 0.05953$ 0.06465$ TIER 1 OFF-PEAK - Up to 130% of BaselineAll other hours, all year, every day 0.05270$ 0.05735$ TIER 2 PEAK - More than 130% of Baseline12pm - 6pm, except holidays 0.05953$ 0.06465$ TIER 2 OFF-PEAK - More than 130% of BaselineAll other hours, all year, every day 0.05270$ 0.05735$ 4.1.b Packet Pg. 526 Attachment: SJP 2019 Rates - Adopted Effective 04-12-19 - combined (Amending San Jacinto Power 3 of 4 SCE EQUIVALENT SCHEDULE SJP RATE SCHEDULE UNIT/PERIOD DESCRIPTION ADOPTED RATE 3/1/19 PROPOSED RATE 4/12/19 PROPOSED RATES EFFECTIVE APRIL 12, 2019 TOU-D-PRIME TOU-D-PRIME ENERGY CHARGE ($/KWH)SUMMER June 1 through September 30 PEAK 4pm - 9pm, except holidays 0.18795$ 0.20180$ MID-PEAK 4pm-9pm Weekends & Holidays 0.08806$ 0.09511$ OFF-PEAK All other hours 0.03252$ 0.03580$ WINTER October 1 through May 31 MID-PEAK 4pm - 9pm winter weekdays and weekends 0.15660$ 0.16833$ OFF-PEAK All hours other than Mid-Peak and Super Off-Peak 0.02886$ 0.03189$ SUPER OFF-PEAK 8:00 a.m. to 3:00 p.m. winter weekdays and weekends 0.02886$ 0.03189$ TOU D-4 TOU D-4 ENERGY CHARGE ($/KWH)SUMMER June 1 through September 30 PEAK 4pm - 9pm, weekdays except holidays 0.18630$ 0.19178$ MID-PEAK 4pm-9pm Weekends & Holidays 0.04745$ 0.05305$ OFF-PEAK All other hours 0.04640$ 0.05204$ WINTER October 1 through May 31 MID-PEAK 4pm - 9pm winter weekdays and weekends 0.07117$ 0.07673$ OFF-PEAK All hours other than Mid-Peak and Super Off-Peak 0.09886$ 0.10443$ SUPER OFF-PEAK 8:00 a.m. to 3:00 p.m. winter weekdays and weekends 0.00050$ 0.00617$ 4.1.b Packet Pg. 527 Attachment: SJP 2019 Rates - Adopted Effective 04-12-19 - combined (Amending San Jacinto Power 4 of 4 SCE EQUIVALENT SCHEDULE SJP RATE SCHEDULE UNIT/PERIOD DESCRIPTION ADOPTED RATE 3/1/19 PROPOSED RATE 4/12/19 PROPOSED RATES EFFECTIVE APRIL 12, 2019 TOU D-5 TOU D-5 ENERGY CHARGE ($/KWH)SUMMER June 1 through September 30 PEAK 5:00 p.m. to 8:00 p.m. summer weekdays except holidays 0.25216$ 0.25751$ MID-PEAK 5:00 p.m. to 8:00 p.m. summer weekends and holidays 0.05940$ 0.06498$ OFF-PEAK All hours other than Peak and Mid-Peak 0.04844$ 0.05408$ WINTER October 1 through May 31 MID-PEAK 5:00 p.m. to 8:00 p.m. winter weekdays, weekends and holidays 0.07547$ 0.08101$ OFF-PEAK 8:00 pm - 8:00am winter weekdays, weekends and holidays 0.10135$ 0.10690$ SUPER OFF-PEAK 8:00 am - 5:00pm winter weekdays, weekends and holidays 0.00195$ 0.00766$ ENERGY CHARGE ($/KWH)NON-RESIDENTIAL $0.01500 $0.01500 ENERGY CHARGE ($/MONTH)RESIDENTIAL CARE $5.00000 $5.00000 ENERGY CHARGE ($/MONTH)RESIDENTIAL NON-CARE $10.00000 $10.00000 Customers with behind-the-meter generation can elect the NEM option and receive a payment or credit of $0.06/kWh for annual excess generation. SJP Pure Green 100% RENEWABLE OPTION SJP NET ENERGY METERING OPTION Customers electing the 100% renewable service option will pay the applicable rate for the basic 35% renewable service option plus the below 100% renewable premium charge: 4.1.b Packet Pg. 528 Attachment: SJP 2019 Rates - Adopted Effective 04-12-19 - combined (Amending San Jacinto Power 1 SCE OLD EQUIVALENT RATE SCE NEW EQUIVALENT RATE SJP OLD RATE SJP NEW RATE Grandfathered:TOU-8-SEC-R TOU-8-SEC-R (GF)TOU-8-SEC-R TOU-8-SEC-R (GF) ENERGY CHARGE ($/KWH)SUMMER June 1 through September 30 PEAK 12:00 noon to 6:00 p.m. summer weekdays except holidays 0.18847$ 0.19890$ MID-PEAK 8:00 a.m. to 12:00 noon and 6:00 p.m. to 11:00 p.m. summer weekdays except holidays 0.07216$ 0.07646$ OFF-PEAK All hours other than Peak and Mid-Peak 0.03509$ 0.03744$ WINTER October 1 through May 31 MID-PEAK 8:00 a.m. to 9:00 p.m. winter weekdays except holidays 0.05187$ 0.05511$ OFF-PEAK All hours other than Mid-Peak 0.02864$ 0.03064$ TOU-8-SEC-B TOU-8-SEC-D TOU-8-SEC-B TOU-8-SEC-D ENERGY CHARGE ($/KWH)SUMMER June 1 through September 30 PEAK 4pm to 9pm weekdays, except holidays 0.06043$ 0.06412$ MID-PEAK 4pm to 9pm weekends 0.05339$ 0.05672$ OFF-PEAK All hours other than Peak and Mid-Peak 0.03055$ 0.03267$ DEMAND CHARGE ($/KW)SUMMER TR PEAK 4pm to 9pm summer weekdays except holidays 19.34302$ 20.36158$ WINTER October 1 through May 31 MID-PEAK 4pm to 9pm weekdays and weekends 0.05339$ 0.05672$ OFF-PEAK All hours other than Mid-Peak and Super Off-Peak 0.03055$ 0.03267$ SUPER OFF-PEAK 8am to 3pm weekdays and weekends 0.04309$ 0.04586$ DEMAND CHARGE ($/KW)WINTER TR MID-PEAK 4pm to 9pm weekdays and weekends 3.77636$ 3.97815$ APPLICABLE PERIOD PROPOSED RATES EFFECTIVE APRIL 12, 2019 ADOPTED RATE 3/1/19 COMMERCIAL, INDUSTRIAL AND GENERAL SERVICE SCE EQUIVALENT SCHEDULE PRIME RATE SCHEDULE PROPOSED RATE 4/12/19 4.1.b Packet Pg. 529 Attachment: SJP 2019 Rates - Adopted Effective 04-12-19 - combined (Amending San Jacinto Power 2 SCE OLD EQUIVALENT RATE SCE NEW EQUIVALENT RATE SJP OLD RATE SJP NEW RATE APPLICABLE PERIOD PROPOSED RATES EFFECTIVE APRIL 12, 2019 ADOPTED RATE 3/1/19 SCE EQUIVALENT SCHEDULE PRIME RATE SCHEDULE PROPOSED RATE 4/12/19 Grandfathered:TOU-8-PRI-R TOU-8-PRI-R (GF)TOU-8-PRI-R TOU-8-PRI-R (GF) ENERGY CHARGE ($/KWH)SUMMER June 1 through September 30 PEAK 12:00 noon to 6:00 p.m. summer weekdays except holidays 0.18789$ 0.19846$ MID-PEAK 8:00 a.m. to 12:00 noon and 6:00 p.m. to 11:00 p.m. summer weekdays except holidays 0.06828$ 0.07240$ OFF-PEAK All hours other than Peak and Mid-Peak 0.03352$ 0.03580$ WINTER October 1 through May 31 MID-PEAK 8:00 a.m. to 9:00 p.m. winter weekdays except holidays 0.05219$ 0.05550$ OFF-PEAK All hours other than Mid-Peak 0.02794$ 0.02992$ TOU-GS-1-A TOU-GS-1-E TOU-GS-1-A TOU-GS-1-E ENERGY CHARGE ($/KWH)SUMMER June 1 through September 30 PEAK 4:00 p.m. to 9:00 p.m. summer weekdays except holidays 0.26076$ 0.27560$ MID-PEAK 4:00 p.m. to 9:00 p.m. summer weekends 0.09805$ 0.10398$ OFF-PEAK All hours other than Peak and Mid-Peak 0.05850$ 0.06225$ WINTER October 1 through May 31 MID-PEAK 4:00 p.m. to 9:00 p.m. winter weekdays and weekends 0.11504$ 0.12189$ OFF-PEAK All hours other than Mid-Peak and Super Off-Peak 0.05005$ 0.05334$ SUPER OFF-PEAK 8:00 a.m. to 3:00 p.m. winter weekdays and weekends 0.02847$ 0.03059$ Grandfathered:TOU-GS-1-A TOU-GS-1-A (GF)TOU-GS-1-A TOU-GS-1-A (GF) ENERGY CHARGE ($/KWH)SUMMER June 1 through September 30 PEAK 12pm to 6pm weekdays, except holidays 0.10392$ 0.11016$ MID-PEAK 8am to 12pm and 6pm to 11pm weekdays, except holidays 0.09679$ 0.10264$ OFF-PEAK All hours other than Peak and Mid-Peak 0.09254$ 0.09814$ WINTER October 1 through May 31 MID-PEAK 8am to 12pm and 6pm to 11pm weekdays, except holidays 0.06107$ 0.06497$ OFF-PEAK All hours other than Mid-Peak 0.05397$ 0.05746$ 4.1.b Packet Pg. 530 Attachment: SJP 2019 Rates - Adopted Effective 04-12-19 - combined (Amending San Jacinto Power 3 SCE OLD EQUIVALENT RATE SCE NEW EQUIVALENT RATE SJP OLD RATE SJP NEW RATE APPLICABLE PERIOD PROPOSED RATES EFFECTIVE APRIL 12, 2019 ADOPTED RATE 3/1/19 SCE EQUIVALENT SCHEDULE PRIME RATE SCHEDULE PROPOSED RATE 4/12/19 TOU-GS-1-B TOU-GS-1-D TOU-GS-1-B TOU-GS-1-D \ENERGY CHARGE ($/KWH)SUMMER June 1 through September 30 PEAK 4:00 p.m. to 9:00 p.m. summer weekdays except holidays 0.07145$ 0.07589$ MID-PEAK 4:00 p.m. to 9:00 p.m. summer weekends 0.06381$ 0.06783$ OFF-PEAK All hours other than Peak and Mid-Peak 0.03798$ 0.04059$ DEMAND CHARGE ($/KW)SUMMER TR PEAK 4:00 p.m. to 9:00 p.m. summer weekdays except holidays 12.61668$ 13.30853$ WINTER October 1 through May 31 MID-PEAK 4:00 p.m. to 9:00 p.m. winter weekdays and weekends 0.06679$ 0.07099$ OFF-PEAK All hours other than Mid-Peak and Super Off-Peak 0.04489$ 0.04789$ SUPER OFF-PEAK 8:00 a.m. to 3:00 p.m. winter weekdays and weekends 0.03134$ 0.03360$ DEMAND CHARGE ($/KW)WINTER TR MID-PEAK 4:00 p.m. to 9:00 p.m. winter weekdays and weekends 2.93076$ 3.09411$ TOU-GS-1-C TOU-GS-1-LG TOU-GS-1-C TOU-GS-1-LG \ENERGY CHARGE ($/KWH)SUMMER June 1 through September 30 PEAK 4:00 p.m. to 9:00 p.m. summer weekdays except holidays 0.26083$ 0.27567$ MID-PEAK 4:00 p.m. to 9:00 p.m. summer weekends 0.09812$ 0.10405$ OFF-PEAK All hours other than Peak and Mid-Peak 0.05857$ 0.06232$ WINTER October 1 through May 31 MID-PEAK 4:00 p.m. to 9:00 p.m. winter weekdays and weekends 0.11511$ 0.12196$ OFF-PEAK All hours other than Mid-Peak and Super Off-Peak 0.05011$ 0.05341$ SUPER OFF-PEAK 8:00 a.m. to 3:00 p.m. winter weekdays and weekends 0.02854$ 0.03066$ 4.1.b Packet Pg. 531 Attachment: SJP 2019 Rates - Adopted Effective 04-12-19 - combined (Amending San Jacinto Power 4 SCE OLD EQUIVALENT RATE SCE NEW EQUIVALENT RATE SJP OLD RATE SJP NEW RATE APPLICABLE PERIOD PROPOSED RATES EFFECTIVE APRIL 12, 2019 ADOPTED RATE 3/1/19 SCE EQUIVALENT SCHEDULE PRIME RATE SCHEDULE PROPOSED RATE 4/12/19 TOU-GS-2-A TOU-GS-2-E TOU-GS-2-A TOU-GS-2-E ENERGY CHARGE ($/KWH)SUMMER June 1 through September 30 PEAK 4:00 p.m. to 9:00 p.m. summer weekdays except holidays 0.29176$ 0.30774$ MID-PEAK 4:00 p.m. to 9:00 p.m. summer weekends 0.05947$ 0.06339$ OFF-PEAK All hours other than Peak and Mid-Peak 0.03412$ 0.03667$ DEMAND CHARGE ($/KW)SUMMER TR PEAK 4:00 p.m. to 9:00 p.m. summer weekdays except holidays 3.68027$ 3.91088$ WINTER October 1 through May 31 MID-PEAK 4:00 p.m. to 9:00 p.m. winter weekdays and weekends 0.08495$ 0.09013$ OFF-PEAK All hours other than Mid-Peak and Super Off-Peak 0.03895$ 0.04176$ SUPER OFF-PEAK 8:00 a.m. to 3:00 p.m. winter weekdays and weekends 0.02030$ 0.02210$ DEMAND CHARGE ($/KW)WINTER TR MID-PEAK 4:00 p.m. to 9:00 p.m. winter weekdays and weekends 0.71107$ 0.75911$ TOU-GS-2-B TOU-GS-2-D TOU-GS-2-B TOU-GS-2-D ENERGY CHARGE ($/KWH)SUMMER June 1 through September 30 PEAK 4:00 p.m. to 9:00 p.m. summer weekdays except holidays 0.06751$ 0.07187$ MID-PEAK 4:00 p.m. to 9:00 p.m. summer weekends 0.05940$ 0.06332$ OFF-PEAK All hours other than Peak and Mid-Peak 0.03405$ 0.03660$ DEMAND CHARGE ($/KW)SUMMER TR PEAK 4:00 p.m. to 9:00 p.m. summer weekdays except holidays 16.99841$ 17.92088$ WINTER October 1 through May 31 MID-PEAK 4:00 p.m. to 9:00 p.m. winter weekdays and weekends 0.05940$ 0.06332$ OFF-PEAK All hours other than Mid-Peak and Super Off-Peak 0.03405$ 0.03660$ SUPER OFF-PEAK 8:00 a.m. to 3:00 p.m. winter weekdays and weekends 0.04883$ 0.05218$ DEMAND CHARGE ($/KW)WINTER TR MID-PEAK 4:00 p.m. to 9:00 p.m. winter weekdays and weekends 3.44965$ 3.63222$ 4.1.b Packet Pg. 532 Attachment: SJP 2019 Rates - Adopted Effective 04-12-19 - combined (Amending San Jacinto Power 5 SCE OLD EQUIVALENT RATE SCE NEW EQUIVALENT RATE SJP OLD RATE SJP NEW RATE APPLICABLE PERIOD PROPOSED RATES EFFECTIVE APRIL 12, 2019 ADOPTED RATE 3/1/19 SCE EQUIVALENT SCHEDULE PRIME RATE SCHEDULE PROPOSED RATE 4/12/19 Grandfathered:TOU-GS-2-B TOU-GS-2-B (GF)TOU-GS-2-B TOU-GS-2-B (GF) ENERGY CHARGE ($/KWH)SUMMER June 1 through September 30 PEAK 12pm to 6pm weekdays, except holidays 0.04515$ 0.04829$ MID-PEAK 8am to 12pm and 6pm to 11pm weekdays, except holidays 0.04150$ 0.04445$ OFF-PEAK All hours other than Peak and Mid-Peak 0.03933$ 0.04215$ WINTER October 1 through May 31 MID-PEAK 8am to 12pm and 6pm to 11pm weekdays, except holidays 0.05764$ 0.06144$ OFF-PEAK All hours other than Mid-Peak 0.03114$ 0.03353$ DEMAND CHARGE ($/KW) SUMMER TR PEAK 12pm to 6pm summer weekdays except holidays 11.93444$ 12.57825$ SUMMER TR MID-PEAK 8am to 12pm and 6pm to 11pm summer weekdays except holidays 3.95893$ 4.17994$ Grandfathered:TOU-GS-2-R TOU-GS-2-R (GF)TOU-GS-2-R TOU-GS-2-R (GF) SUMMER June 1 through September 30 PEAK 12pm to 6pm weekdays, except holidays 0.19182$ 0.20289$ MID-PEAK 8am to 12pm and 6pm to 11pm weekdays, except holidays 0.08257$ 0.08778$ OFF-PEAK All hours other than Peak and Mid-Peak 0.03933$ 0.04215$ WINTER October 1 through May 31 MID-PEAK 8am to 12pm and 6pm to 11pm weekdays, except holidays 0.05764$ 0.06144$ OFF-PEAK All hours other than Mid-Peak 0.03114$ 0.03353$ ENERGY CHARGE ($/KWH) 4.1.b Packet Pg. 533 Attachment: SJP 2019 Rates - Adopted Effective 04-12-19 - combined (Amending San Jacinto Power 6 SCE OLD EQUIVALENT RATE SCE NEW EQUIVALENT RATE SJP OLD RATE SJP NEW RATE APPLICABLE PERIOD PROPOSED RATES EFFECTIVE APRIL 12, 2019 ADOPTED RATE 3/1/19 SCE EQUIVALENT SCHEDULE PRIME RATE SCHEDULE PROPOSED RATE 4/12/19 TOU-GS-3-A TOU-GS-3-E TOU-GS-3-A TOU-GS-3-E ENERGY CHARGE ($/KWH)SUMMER June 1 through September 30 PEAK 4:00 p.m. to 9:00 p.m. summer weekdays except holidays 0.26219$ 0.27641$ MID-PEAK 4:00 p.m. to 9:00 p.m. summer weekends 0.05783$ 0.06152$ OFF-PEAK All hours other than Peak and Mid-Peak 0.03435$ 0.03677$ DEMAND CHARGE ($/KW)SUMMER TR PEAK 4:00 p.m. to 9:00 p.m. summer weekdays except holidays 3.56496$ 3.78597$ WINTER October 1 through May 31 MID-PEAK 4:00 p.m. to 9:00 p.m. winter weekdays and weekends 0.07666$ 0.08128$ OFF-PEAK All hours other than Mid-Peak and Super Off-Peak 0.03897$ 0.04164$ SUPER OFF-PEAK 8:00 a.m. to 3:00 p.m. winter weekdays and weekends 0.02113$ 0.02285$ DEMAND CHARGE ($/KW)WINTER TR MID-PEAK 4:00 p.m. to 9:00 p.m. winter weekdays and weekends 0.62459$ 0.66302$ TOU-GS-3-B TOU-GS-3-D TOU-GS-3-B TOU-GS-3-D SUMMER June 1 through September 30 PEAK 4:00 p.m. to 9:00 p.m. summer weekdays except holidays 0.06544$ 0.06953$ MID-PEAK 4:00 p.m. to 9:00 p.m. summer weekends 0.05776$ 0.06145$ OFF-PEAK All hours other than Peak and Mid-Peak 0.03429$ 0.03671$ DEMAND CHARGE ($/KW)SUMMER TR PEAK 4:00 p.m. to 9:00 p.m. summer weekdays except holidays 16.46991$ 17.35394$ WINTER October 1 through May 31 MID-PEAK 4:00 p.m. to 9:00 p.m. winter weekdays and weekends 0.04841$ 0.05159$ OFF-PEAK All hours other than Mid-Peak and Super Off-Peak 0.03890$ 0.04157$ SUPER OFF-PEAK 8:00 a.m. to 3:00 p.m. winter weekdays and weekends 0.02106$ 0.02278$ DEMAND CHARGE ($/KW)WINTER TR MID-PEAK 4:00 p.m. to 9:00 p.m. winter weekdays and weekends 2.99802$ 3.16138$ ENERGY CHARGE ($/KWH) ENERGY CHARGE ($/KWH) 4.1.b Packet Pg. 534 Attachment: SJP 2019 Rates - Adopted Effective 04-12-19 - combined (Amending San Jacinto Power 7 SCE OLD EQUIVALENT RATE SCE NEW EQUIVALENT RATE SJP OLD RATE SJP NEW RATE APPLICABLE PERIOD PROPOSED RATES EFFECTIVE APRIL 12, 2019 ADOPTED RATE 3/1/19 SCE EQUIVALENT SCHEDULE PRIME RATE SCHEDULE PROPOSED RATE 4/12/19 Grandfathered:TOU-GS-3-R TOU-GS-3-R (GF)TOU-GS-3-R TOU-GS-3-R (GF) SUMMER June 1 through September 30 PEAK 12pm to 6pm weekdays, except holidays 0.17243$ 0.18228$ MID-PEAK 8am to 12pm and 6pm to 11pm weekdays, except holidays 0.07475$ 0.07934$ OFF-PEAK All hours other than Peak and Mid-Peak 0.03878$ 0.04144$ WINTER October 1 through May 31 MID-PEAK 8am to 12pm and 6pm to 11pm weekdays, except holidays 0.05188$ 0.05526$ OFF-PEAK All hours other than Mid-Peak 0.03142$ 0.03369$ ENERGY CHARGE ($/KWH) 4.1.b Packet Pg. 535 Attachment: SJP 2019 Rates - Adopted Effective 04-12-19 - combined (Amending San Jacinto Power 8 SCE OLD EQUIVALENT RATE SCE NEW EQUIVALENT RATE SJP OLD RATE SJP NEW RATE APPLICABLE PERIOD PROPOSED RATES EFFECTIVE APRIL 12, 2019 ADOPTED RATE 3/1/19 SCE EQUIVALENT SCHEDULE PRIME RATE SCHEDULE PROPOSED RATE 4/12/19 TOU-PA-2-A TOU-PA-2-E4 TOU-PA-2-A TOU-PA-2-E4 ENERGY CHARGE ($/KWH)SUMMER June 1 through September 30 PEAK 4:00 p.m. to 9:00 p.m. summer weekdays except holidays 0.27283$ 0.29015$ MID-PEAK 4:00 p.m. to 9:00 p.m. summer weekends 0.05589$ 0.05990$ OFF-PEAK All hours other than Peak and Mid-Peak 0.03454$ 0.03724$ WINTER October 1 through May 31 MID-PEAK 4:00 p.m. to 9:00 p.m. winter weekdays and weekends 0.05495$ 0.05893$ OFF-PEAK All hours other than Mid-Peak and Super Off-Peak 0.04175$ 0.04491$ SUPER OFF-PEAK 8:00 a.m. to 3:00 p.m. winter weekdays and weekends 0.03423$ 0.03693$ TOU-PA-2-A TOU-PA-2-E5 TOU-PA-2-A TOU-PA-2-E5 ENERGY CHARGE ($/KWH)SUMMER June 1 through September 30 PEAK 5:00 p.m. to 8:00 p.m. summer weekdays except holidays 0.44555$ 0.47342$ MID-PEAK 5:00 p.m. to 8:00 p.m. summer weekends and holidays 0.09454$ 0.10094$ OFF-PEAK All hours other than Peak 0.03478$ 0.03751$ WINTER October 1 through May 31 MID-PEAK 5:00 p.m. to 8:00 p.m. winter weekdays and weekends 0.05526$ 0.05925$ OFF-PEAK 8:00pm to 8:00am 0.04200$ 0.04517$ SUPER OFF-PEAK 8:00 a.m. to 5:00 p.m. winter weekdays and weekends 0.03444$ 0.03715$ Grandfathered:TOU-PA-2-A TOU-PA-2-A (GF)TOU-PA-2-A TOU-PA-2-A (GF) ENERGY CHARGE ($/KWH)SUMMER June 1 through September 30 PEAK 12pm to 6pm weekdays, except holidays 0.17392 0.18523 MID-PEAK 8am to 12pm and 6pm to 11pm weekdays, except holidays 0.06661 0.07127 OFF-PEAK All hours other than Peak and Mid-Peak 0.03850 0.04145 WINTER October 1 through May 31 MID-PEAK 8am to 12pm and 6pm to 11pm weekdays, except holidays 0.05503 0.05903 OFF-PEAK All hours other than Mid-Peak 0.03285 0.03545 AGRICULTURAL AND PUMPING 4.1.b Packet Pg. 536 Attachment: SJP 2019 Rates - Adopted Effective 04-12-19 - combined (Amending San Jacinto Power 9 SCE OLD EQUIVALENT RATE SCE NEW EQUIVALENT RATE SJP OLD RATE SJP NEW RATE APPLICABLE PERIOD PROPOSED RATES EFFECTIVE APRIL 12, 2019 ADOPTED RATE 3/1/19 SCE EQUIVALENT SCHEDULE PRIME RATE SCHEDULE PROPOSED RATE 4/12/19 TOU-PA-2-B TOU-PA-2-D4 TOU-PA-2-B TOU-PA-2-D4 SUMMER June 1 through September 30 PEAK 4:00 p.m. to 9:00 p.m. summer weekdays except holidays 0.06316$ 0.06761$ MID-PEAK 4:00 p.m. to 9:00 p.m. summer weekends 0.05582$ 0.05983$ OFF-PEAK All hours other than Peak and Mid-Peak 0.03447$ 0.03717$ DEMAND CHARGE ($/KW)SUMMER TR PEAK 4:00 p.m. to 9:00 p.m. summer weekdays except holidays 10.32973$ 10.96393$ WINTER October 1 through May 31 MID-PEAK 4:00 p.m. to 9:00 p.m. winter weekdays and weekends 0.04610$ 0.04952$ OFF-PEAK All hours other than Mid-Peak and Super Off-Peak 0.03470$ 0.03743$ SUPER OFF-PEAK 8:00 a.m. to 3:00 p.m. winter weekdays and weekends 0.02822$ 0.03054$ DEMAND CHARGE ($/KW)WINTER TR MID-PEAK 4:00 p.m. to 9:00 p.m. summer weekdays except holidays 1.81611$ 1.93142$ TOU-PA-2-B TOU-PA-2-D5 TOU-PA-2-B TOU-PA-2-D5 SUMMER June 1 through September 30 PEAK 5:00 p.m. to 8:00 p.m. summer weekdays except holidays 0.10710$ 0.11427$ MID-PEAK 5:00 p.m. to 8:00 p.m. summer weekends and holidays 0.09454$ 0.10094$ OFF-PEAK All hours other than Peak 0.03478$ 0.03751$ DEMAND CHARGE ($/KW)SUMMER TR PEAK 5:00 p.m. to 8:00 p.m. summer weekdays except holidays 10.34895$ 10.98314$ WINTER October 1 through May 31 MID-PEAK 5:00 p.m. to 8:00 p.m. winter weekdays and weekends 0.04645$ 0.04989$ OFF-PEAK 8:00pm to 8:00am 0.03498$ 0.03772$ SUPER OFF-PEAK 8:00 a.m. to 5:00 p.m. winter weekdays and weekends 0.02846$ 0.03079$ DEMAND CHARGE ($/KW)WINTER TR MID-PEAK 5:00 p.m. to 8:00 p.m. winter weekdays and weekends 1.87376$ 1.98907$ ENERGY CHARGE ($/KWH) ENERGY CHARGE ($/KWH) ENERGY CHARGE ($/KWH) ENERGY CHARGE ($/KWH) 4.1.b Packet Pg. 537 Attachment: SJP 2019 Rates - Adopted Effective 04-12-19 - combined (Amending San Jacinto Power 10 SCE OLD EQUIVALENT RATE SCE NEW EQUIVALENT RATE SJP OLD RATE SJP NEW RATE APPLICABLE PERIOD PROPOSED RATES EFFECTIVE APRIL 12, 2019 ADOPTED RATE 3/1/19 SCE EQUIVALENT SCHEDULE PRIME RATE SCHEDULE PROPOSED RATE 4/12/19 Grandfathered:TOU-PA-2-B TOU-PA-2-B (GF)TOU-PA-2-B TOU-PA-2-B (GF) ENERGY CHARGE ($/KWH)SUMMER June 1 through September 30 PEAK 12pm to 6pm weekdays, except holidays 0.04386$ 0.04713$ MID-PEAK 8am to 12pm and 6pm to 11pm weekdays, except holidays 0.03982$ 0.04284$ OFF-PEAK All hours other than Peak and Mid-Peak 0.03850$ 0.04145$ WINTER October 1 through May 31 MID-PEAK 8am to 12pm and 6pm to 11pm weekdays, except holidays 0.05503$ 0.05903$ OFF-PEAK All hours other than Mid-Peak 0.03285$ 0.03545$ DEMAND CHARGE ($/KW) SUMMER TR PEAK 12pm to 6pm summer weekdays except holidays 7.80255$ 8.28300$ SUMMER TR MID-PEAK 8am to 12pm and 6pm to 11pm summer weekdays except holidays 2.38304$ 2.52718$ TOU-PA-3-A TOU-PA-3-E4 TOU-PA-3-A TOU-PA-3-E4 SUMMER June 1 through September 30 PEAK 4:00 p.m. to 9:00 p.m. summer weekdays except holidays 0.25412$ 0.26890$ MID-PEAK 4:00 p.m. to 9:00 p.m. summer weekends 0.05262$ 0.05595$ OFF-PEAK All hours other than Peak and Mid-Peak 0.03376$ 0.03603$ WINTER October 1 through May 31 MID-PEAK 4:00 p.m. to 9:00 p.m. winter weekdays and weekends 0.06286$ 0.06677$ OFF-PEAK All hours other than Mid-Peak and Super Off-Peak 0.04880$ 0.05191$ SUPER OFF-PEAK 8:00 a.m. to 3:00 p.m. winter weekdays and weekends 0.01377$ 0.01491$ ENERGY CHARGE ($/KWH) ENERGY CHARGE ($/KWH) 4.1.b Packet Pg. 538 Attachment: SJP 2019 Rates - Adopted Effective 04-12-19 - combined (Amending San Jacinto Power 11 SCE OLD EQUIVALENT RATE SCE NEW EQUIVALENT RATE SJP OLD RATE SJP NEW RATE APPLICABLE PERIOD PROPOSED RATES EFFECTIVE APRIL 12, 2019 ADOPTED RATE 3/1/19 SCE EQUIVALENT SCHEDULE PRIME RATE SCHEDULE PROPOSED RATE 4/12/19 TOU-PA-3-A TOU-PA-3-E5 TOU-PA-3-A TOU-PA-3-E5 SUMMER June 1 through September 30 PEAK 5:00 p.m. to 8:00 p.m. summer weekdays except holidays 0.39178$ 0.41435$ MID-PEAK 5:00 p.m. to 8:00 p.m. summer weekends and holidays 0.08672$ 0.09197$ OFF-PEAK All hours other than Peak 0.03456$ 0.03687$ WINTER October 1 through May 31 MID-PEAK 5:00 p.m. to 8:00 p.m. winter weekdays and weekends 0.06721$ 0.07134$ OFF-PEAK 8:00pm to 8:00am 0.05227$ 0.05555$ SUPER OFF-PEAK 8:00 a.m. to 5:00 p.m. winter weekdays and weekends 0.01503$ 0.01623$ Grandfathered:TOU-PA-3-A TOU-PA-3-A (GF)TOU-PA-3-A TOU-PA-3-A (GF) ENERGY CHARGE ($/KWH)SUMMER June 1 through September 30 PEAK 12pm to 6pm weekdays, except holidays 0.17386$ 0.18413$ MID-PEAK 8am to 12pm and 6pm to 11pm weekdays, except holidays 0.06283$ 0.06674$ OFF-PEAK All hours other than Peak and Mid-Peak 0.03732$ 0.03979$ WINTER October 1 through May 31 MID-PEAK 8am to 12pm and 6pm to 11pm weekdays, except holidays 0.05137$ 0.05462$ OFF-PEAK All hours other than Mid-Peak 0.03256$ 0.03475$ TOU-PA-3-B TOU-PA-3-D4 TOU-PA-3-B TOU-PA-3-D4 SUMMER June 1 through September 30 PEAK 4:00 p.m. to 9:00 p.m. summer weekdays except holidays 0.05913$ 0.06284$ MID-PEAK 4:00 p.m. to 9:00 p.m. summer weekends 0.05256$ 0.05588$ OFF-PEAK All hours other than Peak and Mid-Peak 0.03369$ 0.03596$ DEMAND CHARGE ($/KW)SUMMER TR PEAK 4:00 p.m. to 9:00 p.m. summer weekdays except holidays 10.65644$ 11.26181$ WINTER October 1 through May 31 MID-PEAK 4:00 p.m. to 9:00 p.m. winter weekdays and weekends 0.04621$ 0.04919$ OFF-PEAK All hours other than Mid-Peak and Super Off-Peak 0.03779$ 0.04029$ SUPER OFF-PEAK 8:00 a.m. to 3:00 p.m. winter weekdays and weekends 0.02199$ 0.02359$ DEMAND CHARGE ($/KW)WINTER TR MID-PEAK 4:00 p.m. to 9:00 p.m. summer weekdays except holidays 1.89298$ 1.99868$ ENERGY CHARGE ($/KWH) ENERGY CHARGE ($/KWH) ENERGY CHARGE ($/KWH) ENERGY CHARGE ($/KWH) 4.1.b Packet Pg. 539 Attachment: SJP 2019 Rates - Adopted Effective 04-12-19 - combined (Amending San Jacinto Power 12 SCE OLD EQUIVALENT RATE SCE NEW EQUIVALENT RATE SJP OLD RATE SJP NEW RATE APPLICABLE PERIOD PROPOSED RATES EFFECTIVE APRIL 12, 2019 ADOPTED RATE 3/1/19 SCE EQUIVALENT SCHEDULE PRIME RATE SCHEDULE PROPOSED RATE 4/12/19 TOU-PA-3-B TOU-PA-3-D5 TOU-PA-3-B TOU-PA-3-D5 SUMMER June 1 through September 30 PEAK 5:00 p.m. to 8:00 p.m. summer weekdays except holidays 0.09791$ 0.10381$ MID-PEAK 5:00 p.m. to 8:00 p.m. summer weekends and holidays 0.08672$ 0.09197$ OFF-PEAK All hours other than Peak 0.03456$ 0.03687$ DEMAND CHARGE ($/KW)SUMMER TR PEAK 5:00 p.m. to 8:00 p.m. summer weekdays except holidays 10.17598$ 10.75253$ WINTER October 1 through May 31 MID-PEAK 5:00 p.m. to 8:00 p.m. winter weekdays and weekends 0.04762$ 0.05066$ OFF-PEAK 8:00pm to 8:00am 0.03896$ 0.04152$ SUPER OFF-PEAK 8:00 a.m. to 5:00 p.m. winter weekdays and weekends 0.02271$ 0.02435$ DEMAND CHARGE ($/KW)WINTER TR MID-PEAK 5:00 p.m. to 8:00 p.m. winter weekdays and weekends 2.15243$ 2.26774$ Grandfathered:TOU-PA-3-B TOU-PA-3-B (GF)TOU-PA-3-B TOU-PA-3-B (GF) ENERGY CHARGE ($/KWH)SUMMER June 1 through September 30 PEAK 12pm to 6pm weekdays, except holidays 0.04216$ 0.04491$ MID-PEAK 8am to 12pm and 6pm to 11pm weekdays, except holidays 0.03840$ 0.04093$ OFF-PEAK All hours other than Peak and Mid-Peak 0.03732$ 0.03979$ WINTER October 1 through May 31 MID-PEAK 8am to 12pm and 6pm to 11pm weekdays, except holidays 0.05137$ 0.05462$ OFF-PEAK All hours other than Mid-Peak 0.03256$ 0.03475$ DEMAND CHARGE ($/KW) SUMMER TR PEAK 12pm to 6pm summer weekdays except holidays 8.81150$ 9.31117$ SUMMER TR MID-PEAK 8am to 12pm and 6pm to 11pm summer weekdays except holidays 2.39265$ 2.52718$ ENERGY CHARGE ($/KWH) ENERGY CHARGE ($/KWH) 4.1.b Packet Pg. 540 Attachment: SJP 2019 Rates - Adopted Effective 04-12-19 - combined (Amending San Jacinto Power 13 SCE OLD EQUIVALENT RATE SCE NEW EQUIVALENT RATE SJP OLD RATE SJP NEW RATE APPLICABLE PERIOD PROPOSED RATES EFFECTIVE APRIL 12, 2019 ADOPTED RATE 3/1/19 SCE EQUIVALENT SCHEDULE PRIME RATE SCHEDULE PROPOSED RATE 4/12/19 AL-2, LS-1, LS-2, LS-3, OL-1 LS-1 ENERGY CHARGE ($/KWH)0.04054$ 0.04332$ TC-1 TC-1 ENERGY CHARGE ($/KWH)0.05423$ 0.05843$ ENERGY CHARGE ($/KWH)NON-RESIDENTIAL $0.01500 $0.01500 ENERGY CHARGE ($/MONTH)RESIDENTIAL CARE $5.00000 $5.00000 ENERGY CHARGE ($/MONTH)RESIDENTIAL NON-CARE $10.00000 $10.00000 SJP Pure Green 100% RENEWABLE OPTION Customers electing the 100% renewable service option will pay the applicable rate for the basic 35% renewable plus the below 100% renewable premium charge: NET ENERGY METERING OPTION STREET AND OUTDOOR LIGHTING Customers with behind-the-meter generation can elect the NEM option and receive a payment or credit of $0.06/kWh for annual excess generation. 4.1.b Packet Pg. 541 Attachment: SJP 2019 Rates - Adopted Effective 04-12-19 - combined (Amending San Jacinto Power April 16, 2019 TO: City Council REQUESTED BY: Andy Ramirez, Public Works Superintendent APPROVED BY: Robert A. Johnson, City Manager SUBJECT: Solid Waste Ordinance – Organic Recycling Amendment RECOMMENDATION: Staff recommends that the City Council approve the introduction and first reading of Ordinance No. 19-13, amending existing provisions of Chapter 8.32 of the San Jacinto Municipal Code related to solid waste. The amendment updates the definition of “Green Waste” to include food waste and places organic waste recycling requirements on commercial businesses and multi- family units that produce 4 cubic yards or more of solid waste; and by further motion read by title only: AN ORDINANCE OF THE CITY OF SAN JACINTO AMENDING CHAPTER 8.32 OF TITLE 8 OF THE SAN JACINTO MUNICIPAL CODE TO UPDATE THE CITY’S SOLID WASTE ORDINANCE TO REFLECT CURRENT REGULATORY REQUIREMENTS DISCUSSION: Building upon the requirements of AB 341, which mandated commercial waste recycling, the State of California added mandatory organic recycling requirements in October 2014 . As the result of the signing of AB 1826 into law, new mandatory organics recycling requirements have been phased in over the last several years in an effort to help the State meet its goal to recycle 75 percent of its waste by 2020. The goal of the mandatory commercial organics recycling law (AB 1826) is to help California achieve aggressive recycling and greenhouse gas emission goals. California landfills take in about 30 million tons of waste each year, of which more than 30% is organic. The State has determined that these organics should be composted or used to produce renewable energy rather than going into landfills. Greenhouse gas emissions resulting from the decomposition of organic waste in landfills have been identified as a significant source of emissions contributing to global climate change. For several years, the City of San Jacinto’s (“City”) waste hauler CR&R has been working with local businesses to educate and encourage participation in the State’s organic recycling program. However, as the threshold for organic recycling was lowered at the beginning of 2019, more businesses became subject to the recycling regulation. Beginning January 1, 2019, all businesses and multifamily dwellings (that consist of five or more units) that generate four (4) cubic yards or more of commercial solid waste per week are required to arrange for organic waste recycling services. Without an updated City Ordinance, further implementation of mandatory organic recycling will become problematic. 5.1 Packet Pg. 542 The Department of Water, Power, and Public Works has prepared the Ordinance to address this issue. The updated Ordinance would make the following changes to Chapter 8.32:  Amend Section 8.32.010 to update the definition of “Green Waste” to include food waste.  Amend Section 8.32.020, requiring all businesses and multifamily dwellings (that consist of five or more units) that generate four (4) cubic yards or more of any type of solid waste per week, to arrange for organic waste recycling services through the City’s franchised waste hauler, CR&R. FISCAL IMPACT: There is no budgetary impact. ATTACHMENTS: Ordinance No. 19-13 5.1 Packet Pg. 543 STATE OF CALIFORNIA ) ORDINANCE NO. 19-13 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) AN ORDINANCE OF THE CITY OF SAN JACINTO AMENDING CHAPTER 8.32 OF TITLE 8 OF THE SAN JACINTO MUNICIPAL CODE TO UPDATE THE CITY’S SOLID WASTE ORDINANCE TO REFLECT CURRENT REGULATORY REQUIREMENTS WHEREAS, Assembly Bill 1826 requires a business, including a multifamily residential dwelling of five units or more, that generates four (4) cubic yards or more of solid waste per week, on and after January 1, 2019, to arrange for organic waste recycling services, consistent with state or local laws or requirements; WHEREAS, Assembly Bill 1826 requires the City of San Jacinto (“City”) to report to the Department of Resources Recycling and Recovery on its progress in implementing the organic waste recycling program, and the department is required to review whether a jurisdiction is in compliance with this act; and WHEREAS, the City Council has determined that the public health, safety and welfare of the residents of the City will be promoted and the environmental quality of the City and surrounding areas will be preserved and maintained by the amendments to the City’s existing solid waste ordinance made by this Ordinance. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS FOLLOWS: Section 1. Incorporation of Recitals. The City Council hereby adopts the recitals of this Ordinance as true and correct and such recitals are hereby incorporated by reference as though fully set forth in the text of this Ordinance. Section 2. Amendments to Chapter 8.32 of the City of San Jacinto Municipal Code. A. Section 8.32.010 of Chapter 8.32 of the San Jacinto Municipal Code is hereby amended to read as follows: “Green waste” means organic waste generated from any landscape, including grass clippings, leaves, prunings, tree trimmings, pine needles, weeds, branches and brush not exceeding three (3") inches in diameter. This also includes, but is not limited to, food preparation scraps, table scraps, food-soiled paper, plants and flowers. B. Section 8.32.020 of Chapter 8.32 of the San Jacinto Municipal Code is hereby amended to read as follows: 5.1.a Packet Pg. 544 Attachment: Ordinance No. 19-13 (Solid Waste Ordinance – Organic Recycling Amendment) “D. Every person in charge of a commercial or industrial building, or a space therein or portion thereof or multi-family complexes (that consist of five (5) or more units) that generate four (4) cubic yards or more of solid waste per week, regardless of type, must arrange for green waste recycling services through the permittee. The City Manager may provide exemptions to specific customers as permitted by Public Resources Code section 42649.82(e)(3).” Section 3. If any section, subsection, sentence, clause or phrase of this Ordinanc e is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this Chapter. The City Council hereby finds and declares that it would have adopted the remaining portions of this Ordinance notwithstanding the invalidity of any provision or provisions herein. Section 4. This Ordinance shall take effect thirty (30) days after its final passage. Section 5. The City Council hereby finds that the adoption of this O rdinance will not have a significant effect on the environment because, pursuant to Title 14, Section 15308 of the California Code of Regulations, the adoption of this Ordinance constitutes an action taken by the City to assure the maintenance, restoration, enhancement and protection of the environment and involves procedures for the protection of the environment. Section 6: The City Clerk shall certify the adoption of this Ordinance and cause the same or a summary thereof to be published in the County of Riverside, State of California. Introduced at a regular meeting of the City Council on the 16th___ day of April, 2019. APPROVED, PASSED and ADOPTED on the 7th __day of April May 2019, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Formatted: Indent: Left: 0", Hanging: 1" Formatted: Superscript 5.1.a Packet Pg. 545 Attachment: Ordinance No. 19-13 (Solid Waste Ordinance – Organic Recycling Amendment) City of San Jacinto __________________________ by: Russell Utz, Mayor ATTEST: __________________________ Angela Walton, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER, LLP __________________________ Michael J. Maurer, City Attorney Formatted: Font: Bold Formatted: Indent: Left: 2.5", First line: 0.5" 5.1.a Packet Pg. 546 Attachment: Ordinance No. 19-13 (Solid Waste Ordinance – Organic Recycling Amendment) CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO ) I, Angela Walton, duly appointed City Clerk of the City of San Jacinto hereby certify that the foregoing Ordinance No. ____ 19-13 was introduced at a regular meeting of the City Council of the City of San Jacinto on the __ 16th day of April 2019. Ordinance No. ____ 19-13 was passed, approved and adopted at a regular meeting of the City Council held on the ____ 7th day of AprilMay, 2019. AYES: NAYS: ABSENT: ABSTAIN: Witness my hand and official seal the ____ day of ______, 2019. ___________________________ Angela Walton, City Clerk City of San Jacinto Formatted: Superscript Formatted: Superscript 5.1.a Packet Pg. 547 Attachment: Ordinance No. 19-13 (Solid Waste Ordinance – Organic Recycling Amendment) April 16, 2019 TO: City Council REQUESTED BY: Robert Johnson, City Manager APPROVED BY: Robert A. Johnson, City Manager SUBJECT: ICSC RECON 2019 RECOMMENDATION: Staff recommends that the City Council authorize travel requests for up to two City Councilmembers to attend the International Council of Shopping Center (ICSC) RECON, Las Vegas, on May 19-22, 2019. DISCUSSION: Founded in 1957, the International Council of Shopping Center (ICSC) is the leading shopping center industry trade association with over 70,000 members located throughout 100 countries. ICSC RECON is the global convention, which will be held May 19-22, 2019 in Las Vegas. With approximately 37,000 attendees and over 1,000 exhibitors, it is the largest gathering of retail estate professionals. Approximately 50 percent of all retail deals are concluded at the annual ICSC RECON event held each May. Consequently, the annual meetings in May in Las Vegas, the October Western Division Conference in Los Angeles, the February Southern California Idea Exchange in Anaheim and the March Monterey Idea Exchange events are essential to keep San Jacinto fresh in the minds of retailers and developers as new locations are considered. Ongoing efforts at these ICSC events have resulted in the attraction of ALDI, Weinerschnitzel, Sonic Drive-Thru, and the new AutoZone to San Jacinto. In addition, staff has been able to meet with multiple developers regarding various development locations throughout the City of San Jacinto. With ongoing and active commercial activity and the increased residential construction, this has generated increased interest by retail developers and brokers looking for sites along San Jacinto’s main corridors. In order to accommodate the anticipated meeting schedule and to continue to enhance the City’s visibility, the City will have its own booth once again. In 2018, City staff was able to conduct over 40 meetings with potential developers and retailers throughout the three day conference. With meetings held in the City’s booth, they attracted attention from additional interested retail and residential developers. Councilmembers routinely accompany staff at the annual ICSC RECON event in order to establish and maintain relationships with the shopping center developers, retail tenants, and their representatives. Therefore, while retailers are in the expansion mode, staff recommends attendance of up to two Councilmembers at the event. The travel requests are bring submitted now for City Council consideration in order to take advantage of the advance booth rates. FISCAL IMPACT: 5.2 Packet Pg. 548 The estimated cost for each Councilmember to attend is $1,200. This includes the ICSC membership and food and travel related expenses. Conference registration costs are included in the City’s booth registration; therefore individual registration costs are not required. Funds are available in the FY 2018-19 Budget, Account #010-1100-411-3120 (Conference and Seminars). 5.2 Packet Pg. 549 April 16, 2019 TO: City Council REQUESTED BY: Angela Walton, City Clerk APPROVED BY: Robert A. Johnson, City Manager SUBJECT: Adjournment of May 21, 2019 Regular City Council Meeting RECOMMENDATION: Staff recommends that the City Council adjourn the Regular City Council meeting scheduled for Tuesday, May 21, 2019, to Tuesday, June 4, 2019. DISCUSSION: The Regular Meeting dates for May 2019 of the San Jacinto City Council are Tuesday, May 7 and Tuesday, May 21. Due to several key staff and City Council members attending the International Council of Shopping Centers (ICSC) Convention in Las Vegas on May 19 – 22, 2019, as well as some of the Finance Department attending the Governmental Finance Officer Association (GFOA) Conference, it is recommended that City Council considers adjourning the May 21, 2019, to Tuesday, June 4, 2019. FISCAL IMPACT: None. 5.3 Packet Pg. 550