HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 5/1/2018
AGENDA
CITY COUNCIL - REGULAR MEETING
TUESDAY, MAY 1, 2018
5:30 PM CLOSED SESSION
6:30 PM OPEN SESSION
SAN JACINTO UNIFIED SCHOOL DISTRICT BOARD ROOM
2045 S. SAN JACINTO
SAN JACINTO, CA 92583
951-487-7339
City of San Jacinto Page 1 Updated 4/26/2018 6:05 PM
ANDREW KOTYUK, COUNCILMEMBER
CRYSTAL RUIZ, MAYOR
RUSS UTZ, MAYOR PRO TEM
ALONSO LEDEZMA, COUNCILMEMBER
SCOTT MILLER, COUNCILMEMBER
1. ORGANIZATION
1.1. Public Comments on Closed Session Items
1.2. Closed Session
1.2.1. APN: 430-110-016, 430-120-013, 430-150-002, 430-160-001, Agency
Negotiators: Robert A. Johnson, City Manager, Sharon Paisley, Development
Director and Seth Merewitz, Best Best & Krieger, Negotiating Parties: San
Jacinto 300 LLC, Under Negotiation: Price and Terms
1.2.2. APN: 430-160-002, -011 and 430-200-010, -014, Agency Negotiators: Robert A.
Johnson, City Manager, Sharon Paisley, Development Director, and Seth
Merewitz, Best Best & Krieger, Negotiating Parties: Building Management
Services, Under Negotiation: Price and Terms
1.2.3. APN: 430-190-025, 430-200-015, 430-210-001, -016, Agency Negotiators:
Robert A. Johnson, City Manager, Sharon Paisley, Development Director, and
Seth Merewitz, Best Best & Krieger, Negotiating Parties: Ronald Haringa
1.2.4. APN: 430-200-016, Agency Negotiators: Robert A. Johnson, City Manager,
Sharon Paisley, Development Director, and Seth Merewitz, Best Best & Krieger,
Negotiating Parties: Danny Moradzadeh and Daryoush Yamtoobian, Under
Negotiation: Price and Terms
1.2.5. APN: 430-220-003, -011, and 433-020-017, Agency Negotiators: Robert A.
Johnson, City Manager, Sharon Paisley, Development Director, and Seth
Merewitz, Best Best & Krieger, Negotiating Parties: Valley-Wide Recreation &
Park District, Under Negotiation: Price and Terms
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1.2.6. APN: 430-220-008, -009, -010, Agency Negotiators: Robert A. Johnson, City
Manager, Sharon Paisley, Development Director, and Seth Merewitz, Best Best &
Krieger, Negotiating Parties: MWD, Under Negotiation: Price and Terms
1.2.7. APN: 433-020-018, -019, 433-040-049, Agency Negotiators: Robert A. Johnson,
City Manager, Sharon Paisley, Development Director, and Seth Merewitz, Best
Best & Krieger, Negotiating Parties: Robert Holcomb/Larry & Shirley Maddox,
Under Negotiation: Price and Terms
1.2.8. APN: 433-040-052, -054, Agency Negotiators: Robert A. Johnson, City Manager,
Sharon Paisley, Development Director, and Seth Merewitz, Best Best & Krieger,
Negotiating Parties: Maria Trejo and Francisco Gonzales, Under Negotiation:
Price and Terms
1.2.9. APN: 433-040-056, -063, Agency Negotiators: Robert A. Johnson, City Manager,
Sharon Paisley, Development Director, and Seth Merewitz, Best Best & Krieger,
Negotiating Parties: Thomas & Emily Quast, Under Negotiation: Price and Terms
1.2.10. APN: 433-040-057, Agency Negotiators: Robert A. Johnson, City Manager,
Sharon Paisley, Development Director, and Seth Merewitz, Best Best & Krieger,
Negotiating Parties: San Jacinto Colinas LLC, Under Negotiation: Price and
Terms
1.2.11. APN: 433-060-009, -013, Agency Negotiators: Robert A. Johnson, City Manager,
Sharon Paisley, Development Director, and Seth Merewitz, Best Best & Krieger,
Negotiating Parties: James Conner, Under Negotiation: Price and Terms
1.2.12. APN: 433-060-011 and 433-080-002, Agency Negotiators: Robert A. Johnson,
City Manager, Sharon Paisley, Development Director, and Seth Merewitz, Best
Best & Krieger, Negotiating Parties: Western Riverside County Regional
Conservation Authority, Under Negotiation: Price and Terms
1.3. Closed Session Report
1.4. Roll Call
1.5. Invocation
1.6. Pledge of Allegiance - Mayor Pro Tem Russ Utz
1.7. Mayor / Council Member Reports / Discussions
1.8. Late Items
2. PUBLIC COMMENTS
3. JOINT CONSENT CALENDARS
City of San Jacinto Page 3 Updated 4/26/2018 6:05 PM
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 Regular City Council Meeting Held April 17, 2018
RECOMMENDATION:
Staff recommends that the City Council approve the draft minutes of the
Regular City Council meeting held April 17, 2018.
Department: City Clerk
3.A.3. 2018 Biennial Notice for Conflict of Interest Codes Review
RECOMMENDATION:
Staff recommends that the City Council direct the City Manager to:
1) Review the City of San Jacinto’s Conflict of Interest Code, pursuant to
Government Code Section 87306.5;
2) File a Statement of Review with the City Clerk no later than October 1,
2018; and
3) Have the Conflict of Interest Code revised based upon said review, if
necessary.
Department: City Clerk
3.A.4. Resolution No. 3703, Authorizing Participation in Employment Risk Management
Authority (ERMA)
RECOMMENDATION:
Approve Resolution No. 3703 Authorizing Participation in Employment Risk
Management Authority (ERMA).
Department: Human Resources
3.A.5. San Marcos/7th Street Water Line (CIP 18-018)
RECOMMENDATION:
Staff recommends that the City Council award the construction contract for
the San Marcos/7th Street Water Line Project to El-Co Contractors, Inc. of San
Bernardino for the sum of $292,943; allocate $50,000 from Water Funds to
cover soft and construction cost contingencies, and reject all other bids.
Department: Engineering
3.A.6. Approve Amendment No. 1 to Agreement for Completion of Public
Improvements for Tract 31154 - Project Royal, LP and RSI Communities -
California LLC
RECOMMENDATION:
Staff recommends that the City Council approve Amendment No. 1 to the
Agreement for Completion of Public Improvements for Project Royal, LP and
RSI Communities - California LLC, Tract 31154, located at DeAnza Drive
and Lyon Avenue.
Department: Engineering
City of San Jacinto Page 4 Updated 4/26/2018 6:05 PM
3.A.7. Approve Amendment No. 1 to Agreement for Completion of Public
Improvements for Tract 31037-3 - Project Royal, LP and RSI Communities -
California LLC
RECOMMENDATION:
Staff recommends that the City Council approve Amendment No. 1 to the
Agreement for Completion of Public Improvements for Project Royal, LP and
RSI Communities - California LLC, Tract 31037-3; located at DeAnza Drive
and Lyon Avenue.
Department: Engineering
3.A.8. Approval of Resolution No. 3705 Electing to Participate with the County of
Riverside Mortgage Credit Certificate Program
RECOMMENDATION:
Staff recommends that the City Council approve and adopt Resolution No.
3705 electing to participate with the County of Riverside Mortgage Credit
Certificate Program.
Department: Community Development
3.A.9. General Plan and Housing Element Reporting Period 01/01/17 to 12/31/17
RECOMMENDATION:
Staff recommends that the City Council receive and file the 2017 Annual
Progress Report.
Department: Community Development
3.B. Consent Calendar - Successor Agency to the Redevelopment Agency of the City of
San Jacinto
3.B.1. Resolution SA 18-01 of the Successor Agency for Quitclaim Deed Conveying
Assessor Parcel No. 439-112-031
RECOMMENDATION:
Staff recommends that the Governing Board adopt and approve the attached
Resolution No. SA 18-01 to (i) approve the Quitclaim Deed Conveying
Assessor Parcel No. 439-112-031, from the Successor Agency to Fun
Properties, LLC (ii) authorize the Executive Director to execute the Quitclaim
Deed.
Department: Community Development
3.B.2. Resolution SA 18-02 of the Successor Agency for Termination of Disposition and
Development Agreement
RECOMMENDATION:
Staff recommends that the Governing Board adopt and approve the attached
Resolution to (i) approve the termination of Disposition and Development
Agreement, as amended by Amendment No. 1, and Related Deed Covenants
and Lease and Option Agreement for 1635 S. San Jacinto Ave, (ii) approve
the accompanying Termination Agreement, and (iii) authorize the Executive
City of San Jacinto Page 5 Updated 4/26/2018 6:05 PM
Director to execute the agreement, and to take all necessary actions to
effectuate the termination described herein and in the attached Resolution.
Department: Community Development
3.B.3. Resolution SA 18-03 of the Successor Agency to the San Jacinto Redevelopment
Agency
RECOMMENDATION:
Staff recommends that the Successor Agency approve and adopt the attached
Resolution No. SA 18-03.
Department: Community Development
3.B.4. Resolution SA 18-04 of the Successor Agency to the San Jacinto Redevelopment
Agency
RECOMMENDATION:
Staff recommends that the Successor Agency, by motion, approve and adopt
the attached Resolution SA 18-04.
Department: Community Development
3.B.5. Resolution SA 18-05 of the Successor Agency to the San Jacinto Redevelopment
Agency
RECOMMENDATION:
Staff recommends that the Successor Agency approve and adopt the attached
Resolution SA 18-05.
Department: Community Development
3.B.6. Resolution SA 18-06 of the Successor Agency to the San Jacinto Redevelopment
Agency
RECOMMENDATION:
Staff recommends that the Successor Agency, by motion, approve and adopt
the attached Resolution SA 18-06.
Department: Community Development
3.B.7. Resolution SA 18-07 of the Successor Agency to the San Jacinto Redevelopment
Agency
RECOMMENDATION:
Staff recommends that the Successor Agency approve and adopt attached
Resolution SA 18-07.
Department: City Clerk
4. PUBLIC HEARING
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4.1. Introduction and First Reading of Ordinance for Change of Zone 17-03 and a
proposal of MW Advantage 1, LLC, for the Commonwealth Crossing Project to
subdivide a 9.51 acre parcel into five parcels and one lettered lot and to develop a
commercial project consisting of five retail/office buildings for a total of 45,3 72
square feet, with a variance to permit beer and wine sales within 1,000- feet of
adjacent sales, located on the west side of San Jacinto Avenue, at the terminus of
Commonwealth Avenue
RECOMMENDATION:
1. INTRODUCE Ordinance No. 18-05 for first reading approving Change of Zone
17-03 to change the Zone from CN - Commercial Neighborhood to CG -
Commercial General;
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA APPROVING CHANGE OF ZONE 17-03, A
ZONE CHANGE FROM COMMERCIAL NEIGHBORHOOD TO
COMMERCIAL GENERAL LOCATED ON THE WEST SIDE OF SAN
JACINTO AVENUE AT THE TERMINUS OF COMMONWEALTH
(APN 439-120-042)
2. CONTINUE the Public Hearing to May 15, 2018.
Department: Community Development
5. DISCUSSION ITEMS
5.1. Discussion/Potential Action Pertaining to Senate Bill (SB) 54
RECOMMENDATION:
That the City Council discuss and provide direction pertaining to SB 54.
Department: City Manager
5.2. Update on San Jacinto River Levee, Stage 4 River Corridor Expansion Project
RECOMMENDATION:
Direct staff to continue discussing property acquisition options and place an item
on a future City Council agenda for the City Council to determine whether to
continue participation in and funding of the Project.
Department: Community Development
6. CITY MANAGER UPDATE
6.1. Community Development Update
7. FUTURE REQUESTS FROM CITY COUNCIL TO STAFF
8. ADJOURNMENT
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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 26th day of April 2018 as requested by law.
Angela Walton, City Clerk
May 1, 2018
TO: City Council
REQUESTED BY: Angela Walton, City Clerk
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Minutes
RECOMMENDATION:
Staff recommends that the City Council approve the draft minutes of the Regular City Council
meeting held April 17, 2018.
ATTACHMENTS:
4-17-18 Regular Action Minutes DRAFT
3.A.2
Packet Pg. 8
ACTION MINUTES
CITY COUNCIL – REGULAR MEETING
TUESDAY, APRIL 17, 2018
5:30 PM CLOSED SESSION
6:30 PM OPEN SESSION
SAN JACINTO UNIFIED SCHOOL DISTRICT BOARD ROOM
2045 S. SAN JACINTO AVE
SAN JACINTO, CA 92583
951-487-7339
1. ORGANIZATION
Mayor Crystal Ruiz called the meeting to order at 5:30 pm.
1.1. Public Comments on Closed Session Items
There were no public comments on Closed Session Items.
Upon recommendation of City Attorney Michael J. Maurer, the
City Council took action to find that (1) an item arose after the agenda was
posted, (2) the item requires an immediate closed session in order to
conference with legal counsel, and (3) the item shall be added to the
agenda as:
CONFERENCE WITH LEGAL COUNSEL
Significant exposure to litigation pursuant to Government Code sections
54956.9(d)(2) and (3) (1 case – facts and circumstances unknown to
potential plaintiffs)
Mayor Crystal Ruiz adjourned the meeting to Closed Session at 5:32 p.m.
1.2. Closed Session
1.2.1. APN: 430-110-016, 430-120-013, 430-150-002, 430-
160-001, Agency Negotiators: Robert A. Johnson, City
Manager, Sharon Paisley, Development Director and
Seth Merewitz, Best Best & Krieger, Negotiating
Parties: San Jacinto 300 LLC, Under Negotiation: Price
and Terms
1.2.2. APN: 430-160-002, -011 and 430-200-010, -014, Agency
Negotiators: Robert A. Johnson, City Manager, Sharon
CRYSTAL RUIZ, MAYOR
RUSS UTZ, MAYOR PRO TEM
ANDREW KOTYUK, COUNCILMEMBER
ALONSO LEDEZMA COUNCILMEMBER
SCOTT MILLER, COUNCILMEMBER
3.A.2.a
Packet Pg. 9 Attachment: 4-17-18 Regular Action Minutes DRAFT (Minutes)
Action Minutes
April 17, 2018
____________________________________________________________________________________Pa ge 2 of 6
Paisley, Development Director, and Seth Merewitz, Best
Best & Krieger, Negotiating Parties: Building
Management Services, Under Negotiation: Price and
Terms
1.2.3. APN: 430-190-025, 430-200-015, 430-210-001, -016,
Agency Negotiators: Robert A. Johnson, City Manager,
Sharon Paisley, Development Director, and Seth
Merewitz, Best Best & Krieger, Negotiating Parties:
Ronald Haringa
1.2.4. APN: 430-200-016, Agency Negotiators: Robert A.
Johnson, City Manager, Sharon Paisley, Development
Director, and Seth Merewitz, Best Best & Krieger,
Negotiating Parties: Danny Moradzadeh and Daryoush
Yamtoobian., Under Negotiation: Price and Terms
1.2.5 APN: 430-220-003, -011, and 433-020-017, Agency
Negotiators: Robert A. Johnson, City Manager, Sharon
Paisley, Development Director, and Seth Merewitz, Best
Best & Krieger, Negotiating Parties: Valley-Wide
Recreation & Park District, Under Negotiation: Price and
Terms
1.2.6. APN: 430-220-008, -009, -010, Agency Negotiators:
Robert A. Johnson, City Manager, Sharon Paisley,
Development Director, and Seth Merewitz, Best Best &
Krieger, Negotiating Parties: MWD, Under Negotiation:
Price and Terms
1.2.7. APN: 433-020-018, -019, 433-040-049, Agency
Negotiators: Robert A. Johnson, City Manager, Sharon
Paisley, Development Director, and Seth Merewitz, Best
Best & Krieger, Negotiating Parties: Robert
Holcomb/Larry & Shirley Maddox, Under Negotiation:
Price and Terms
1.2.8. APN: 433-040-052, 053, -054, Agency Negotiators:
Robert A. Johnson, City Manager, Sharon Paisley,
Development Director, and Seth Merewitz, Best Best &
Krieger, Negotiating Parties: Maria Trejo and Francisco
Gonzales, Under Negotiation: Price and Terms
3.A.2.a
Packet Pg. 10 Attachment: 4-17-18 Regular Action Minutes DRAFT (Minutes)
Action Minutes
April 17, 2018
____________________________________________________________________________________Pa ge 3 of 6
1.2.9. APN: 433-040-056, -063, Agency Negotiators: Robert A.
Johnson, City Manager, Sharon Paisley, Development
Director, and Seth Merewitz, Best Best & Krieger,
Negotiating Parties: Thomas & Emily Quast, Under
Negotiation: Price and Terms
1.2.10. APN: 433-040-057, Agency Negotiators: Robert A.
Johnson, City Manager, Sharon Paisley, Development
Director, and Seth Merewitz, Best Best & Krieger,
Negotiating Parties: San Jacinto Colinas LLC, Under
Negotiation: Price and Terms
1.2.11. APN: 433-060-009, -013, Agency Negotiators: Robert A.
Johnson, City Manager, Sharon Paisley, Development
Director, and Seth Merewitz, Best Best & Krieger,
Negotiating Parties: James Conner, Under Negotiation:
Price and Terms
1.2.12. APN: 433-060-011 and 433-080-002, Agency Negotiators:
Robert A. Johnson, City Manager, Sharon Paisley,
Development Director, and Seth Merewitz, Best Best &
Krieger, Negotiating Parties: Western Riverside County
Regional Conservation Authority, Under Negotiation:
Price and Terms
1.2.13. CONFERENCE WITH LEGAL COUNSEL: Potential
initiation of litigation pursuant to Government Code
section 54956.9(d)(4) (1 case)
1.2.14. CONFERENCE WITH LEGAL COUNSEL
Significant exposure to litigation pursuant to Government
Code sections 54956.9(d)(2) and (3) (1 case – facts and
circumstances unknown to potential plaintiffs)
1.3. Closed Session Report
City Attorney Maurer stated there was no report from Closed Session.
Mayor Ruiz called the regular meeting to order at 6:50 p.m.
1.4. Roll Call
Deputy City Clerk Jan Catron conducted the roll call:
Present: Kotyuk, Ledezma, Utz, Ruiz
Absent: Miller
3.A.2.a
Packet Pg. 11 Attachment: 4-17-18 Regular Action Minutes DRAFT (Minutes)
Action Minutes
April 17, 2018
____________________________________________________________________________________Pa ge 4 of 6
M/S/C (Kotyuk/Utz) moved to approve the absence of Councilman Scott Miller. Motion
carried 4/0.
Ayes: Kotyuk, Ledezma, Ruiz, Utz
Nays: None
Absent: Miller
Abstain: None
1.5. Invocation
Pastor Rick Patterson of Crossroads Baptist Church gave the invocation.
1.6. Pledge of Allegiance
Councilman Andrew Kotyuk led the Pledge of Allegiance.
1.7. Special Presentations
Introductions of Battalion Chiefs Dan Harris and Richard Tovar:
Fire Chief Bill Weiser introduced Battalion Chiefs Dan Harris and Richard Tovar
to the City Council and provided their backgrounds.
May is Mental Health Month Proclamation:
Mayor Ruiz read the proclamation and presented it to Gloria Williams, Regional
Board Member, Mid-County Regional Behavioral Health Advisory Board.
1.8. Mayor / Council Member Reports / Discussions
Council Members gave their reports.
1.9. Late Items
There were no late items.
2. PUBLIC COMMENTS
Public Speakers:
Arvid Anderson
3. JOINT CONSENT CALENDARS (SECTIONS 3A AND 3B)
3.A Consent Calendar - City Council
3.A.1 Waiver of Full Reading of Ordinance(s), and Reading by Title Only /
Approve / City Clerk, City Attorney
3.A.2.a
Packet Pg. 12 Attachment: 4-17-18 Regular Action Minutes DRAFT (Minutes)
Action Minutes
April 17, 2018
____________________________________________________________________________________Pa ge 5 of 6
3.A.2 Minutes of the Regular City Council Meeting held April 3, 2018 /
Approve / City Clerk
3.A.3 Warrants and Disbursements - March 2018 / Approve / Finance
Director
3.A.4 Proposed Amendment to Administrative Services Agreement with the
California Choice Energy Authority/ Approve / Finance Director
3.A.5 New Paying Agent, Wilmington Trust for SCE Purchase and Retrofit
Project / Approve / Parks / Stormwater Superintendent
M/S/C (Kotyuk/Utz) moved to approve the Consent Calendar. Motion carried 4/0.
Ayes: Kotyuk, Utz, Ruiz
Nays: None
Absent: Miller
Abstain: Kotyuk, Item 3.A.2, line items #’s 120869, 120915, 120916,
121051 and 121090
Utz, Item 3.A.2, line item #120910
4. DISCUSSION ITEMS
4.1 Update on San Jacinto River Levee, Stage 4 River Corridor Expansion Project/
Approve / Development Director
By general consensus, Item 4.1 was continued to the next meeting of May 1,
2018.
4.2 Esplanade Avenue Rehab Project / Approve / City Engineer
City Engineer Habib Motlagh presented the staff report.
M/S/C (Ledezma/Utz) moved to approve the Item 4.2 as presented. Motion carried 4/0.
Ayes: Kotyuk, Ledezma, Ruiz, Utz
Nays: None
Absent: Miller
Abstain: None
3.B Consent Calendar - Successor Agency To The Redevelopment Agency
Of The City Of San Jacinto
3.A.2.a
Packet Pg. 13 Attachment: 4-17-18 Regular Action Minutes DRAFT (Minutes)
Action Minutes
April 17, 2018
____________________________________________________________________________________Pa ge 6 of 6
5. CITY MANAGER UPDATE – Robert A. Johnson, City Manager
City Manager Johnson provided a brief update and presentation of the following items:
City of San Jacinto 130th Birthday
International Council of Shopping Centers
Water service line repair for Bradley Gardens Convalescent Center
Announcement of Arthur Mullen being selected to succeed Dan Mudrovich as
Waters Utilities Superintendent
Several Development Updates
6. FUTURE REQUESTS FROM CITY COUNCIL TO STAFF
Councilman Kotyuk – requested placing an item on the City Council agenda for
discussion and resolution for opting out of SB 54.
Mayor Ruiz – requested having the panhandling ordinance reviewed to determine if
the ordinance may be strengthened.
7. ADJOURNMENT
With no further business before the City Council, Mayor Ruiz adjourned the Regular
Meeting of the City Council at 7:55 p.m. in honor of former First Lady Barbara Bush
who passed away today.
CITY OF SAN JACINTO:
____________________
Crystal Ruiz, Mayor
ATTEST:
________________________
Angela Walton, City Clerk
Approved as read: _______
Approved as amended ____
3.A.2.a
Packet Pg. 14 Attachment: 4-17-18 Regular Action Minutes DRAFT (Minutes)
May 1, 2018
TO: City Council
REQUESTED BY: Angela Walton, City Clerk
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: 2018 Biennial Notice for Conflict of Interest Codes
RECOMMENDATION:
Staff recommends that the City Council direct the City Manager to:
1) Review the City of San Jacinto’s Conflict of Interest Code, pursuant to Government Code
Section 87306.5;
2) File a Statement of Review with the City Clerk no later than October 1, 2018; and
3) Have the Conflict of Interest Code revised based upon said review, if necessary.
DISCUSSION:
The Political Reform Act of 1974 (the “Act”) and in particular, Government Code Section
87306.5 requires that no later than July 1 of each even-numbered year, the City Council, as the
City’s code-reviewing body, directs the City Manager to review the City’s Conflict of Interest
Code and, if a change in the code is necessary by changed circumstances, that a revised code be
submitted to the City Council for approval.
The primary effect of the Conflict of Interest Code is to establish Conflict of Interest disclosure
requirements for various city and redevelopment agency positions involved in the requisite level
of decision-making as set forth in the Political Reform Act. The Act requires each city to adopt a
local Conflict of Interest code which designates and covers City (and Successor Agency)
positions not otherwise designated in the Act itself, that are involved in making City (or Agency)
decisions.
The Act also requires that the City Manager file a statement regarding the result of the review no
later than October 1st of the same year. If a change in the code is necessary by this review, it
must be submitted to the City Council for approval within ninety (90) days of the filing of the
statement of review.
FISCAL IMPACT:
None.
3.A.3
Packet Pg. 15
May 1, 2018
TO: City Council
REQUESTED BY: Denise Wolsieffer, Human Resources Manager
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Employment Risk Management Authority (ERMA)
RECOMMENDATION:
Approve Resolution No. 3703 Authorizing Participation in Employment Risk Management
Authority (ERMA).
DISCUSSION:
The City is currently a member of the Public Entity Risk Management Authority (PERMA), a
self-insured risk management pool that provides for general liability and other coverage as
established in the memorandum of coverage. PERMA’s program does not provide for coverage
against potentially unlawful employment practices and discrimination claims. This creates a gap
in the City’s risk management profile, and therefore staff has researched options to obtain this
coverage.
The Employment Risk Management Authority (ERMA) is a self-insured joint powers authority
created for the special purpose of providing public entities with Employment Practices Liability
Coverage. ERMA was formed primarily because government entities have not historically been
able to secure Employment Practices Liability (EPL) coverage at a competitive cost through the
commercial insurance marketplace. ERMA is fully accredited by the California Association of
Joint Powers Authorities (CAJPA) and meets CAJPA’s high standards in the areas of
governance, finance, claims control, safety and loss control. Staff has been working with ERMA
to determine the City’s actuarial risk and develop coverage costs and options. Staff has provided
ERMA with the City’s employment profile, past claims history and other background
information.
By Resolution No. 3703, the City would become a member in ERMA and be eligible for its EPL
coverage. By closing this gap in the City’s risk management profile, the City will be better
protected against potential losses and against potential high-value claims.
FISCAL IMPACT:
The annual cost to the City is estimated to be $22,000 with a $25,000 self-insured retention. The
EPL program will provide the City with coverage of up to $1 million per occurrence for costs
related to unlawful employment practices and discrimination claims.
ATTACHMENTS:
Resolution No. 3703
3.A.4
Packet Pg. 16
STATE OF CALIFORNIA ) RESOLUTION NO: 3703
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY OF SAN JACINTO AUTHORIZING
PARTICIPATION IN THE EMPLOYMENT RISK MANAGEMENT
AUTHORITY
WHEREAS, the City of San Jacinto wishes to obtain Employment Practices Liability
coverage for the period (date); and
WHEREAS, the Employment Risk Management Authority (ERMA) is a self-insured
joint powers authority created for the sole purpose of Employment Practices Liability
Coverage. ERMA is comprised of various public entitles who risk share up to $1 million
against potentially unlawful employment practices and discrimination claims; and
WHEREAS, ERMA formed primarily due to the fact that government entitles have not
historically been able to secure Employment Practices Liability (EPL) coverage at a
competitive cost through the commercial insurance marketplace; and
WHEREAS, ERMA has met all of the high professional standards established by the
California Association of Joint Powers Authorities (CAJPA) in the areas of governance,
finance, claims control, safety and loss control and ERMA is fully accredited by CAJPA.
CAJPA’s accreditation process requires reviews by independent consultants in the areas of
accounting, claims adjusting, and actuarial analysis; and
WHEREAS, ERMA provides services to both Joint Powers Insurance Authorities and
individual public entitles; and
WHEREAS, the City of San Jacinto has determined that it is in the best interest
to become a member of ERMA for the purpose of obtaining Emp loyment Practices
Liability coverage; and
WHEREAS, ERMA requires the City of San Jacinto to pass a resolution
expressing the desire and commitment of the City of San Jacinto’s participation in
ERMA, which requires a three year minimum participation period. City of San Jacinto
also understands our entity will be bound by the provisions in the ERMA Joint Powers
Agreement just as though it were fully set forth and incorporated herein whether our
entity had signed it individually or through an underlying Join t Powers Insurance
Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SAN JACINTO:
THAT, the City of San Jacinto approves participation in ERMA (date); and
THAT, Denise D. Wolsieffer, Human Resources Manager on behalf of the City of
San Jacinto hereby is authorized to take any and all actions necessary to implement the
foregoing resolution.
3.A.4.a
Packet Pg. 17 Attachment: Resolution No. 3703 (Employment Risk Management Authority (ERMA))
PASSED, APPROVED AND ADOPTED this 1st day of May 2018 by the
following vote.
Ayes:
Nays:
Absent:
Abstain:
CITY OF SAN JACINTO:
By:
______________________________
Crystal Ruiz, 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. 18 Attachment: Resolution No. 3703 (Employment Risk Management Authority (ERMA))
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
I, Angela Walton, City Clerk of the City of San Jacinto, do hereby certify that the
foregoing Resolution No. 3703 was passed, approved, and adopted at the Regular
Meeting of the San Jacinto City Council held on the 1st day of May 2018.
Ayes:
Nays:
Absent:
Abstain:
WITNESS MY HAND AND OFFICIAL SEAL this 1st day of May 2018.
_____________________________________
Angela Walton, City Clerk
City of San Jacinto
3.A.4.a
Packet Pg. 19 Attachment: Resolution No. 3703 (Employment Risk Management Authority (ERMA))
May 1, 2018
TO: City Council
REQUESTED BY: Habib Motlagh, City Engineer
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: San Marcos/7th Street Water Line (CIP 18-018)
RECOMMENDATION:
Staff recommends that the City Council award the construction contract for the San Marcos/7th
Street Water Line Project to El-Co Contractors, Inc. of San Bernardino for the sum of $292,943;
allocate $50,000 from Water Funds to cover soft and construction cost contingencies, and reject
all other bids.
DISCUSSION:
At the bid opening on April 19, 2018, the City Clerk received and opened four bids ranging from
$292,943 to $476,248. The lowest qualified bid was from El-Co Contractors Inc. for the sum of
$292,943. Staff has reviewed the contractor’s qualifications and references provided and
recommends the award of the bid.
The project consists of:
Constructing 600 feet of new parallel 8” water line to replace a failed line on San Marcos
Place, from 6th Street to 7th Street
Constructing 350 feet of new 8” water line to replace a failed line on 7th street, from San
Marcos Place to Santa Fe Avenue
Replacing 15 water service connections and installing 2 fire hydrants throughout the
project area
The preliminary schedule for the project is as follows:
Bid Award: May 1, 2018
Start Construction: May 21, 2018
Complete Construction: July 20, 2018
FISCAL IMPACT:
Available budget of $295,000 as of March 2018.
ATTACHMENTS:
San Marcos-7th Street Water Line Bid Results
3.A.5
Packet Pg. 20
3.A.5.aPacket Pg. 21Attachment: San Marcos-7th Street Water Line Bid Results (San Marcos/7th Street Water Line (CIP 18-018))
May 1, 2018
TO: City Council
REQUESTED BY: Habib Motlagh, City Engineer
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Tract 31154 Amendment No. 1 Agreement for Completion of Public
Improvements
RECOMMENDATION:
Staff recommends that the City Council approve Amendment No. 1 to the Agreement for
Completion of Public Improvements for Project Royal, LP and RSI Communities - California
LLC, Tract 31154, located at DeAnza Drive and Lyon Avenue.
DISCUSSION:
In September of 2005, an Agreement for Completion of Public Improvements for Tract 31154
listed the conditions that were mutually agreed upon between the City and Young California San
Jacinto, LP.
The developer that purchased the project, Project Royal, in conjunction with RSI Communities -
California LLC, is proposing to complete the balance of the public improvements to Tract 31154,
and as such, is required to establish new agreements and post new securities.
The City Engineers' office has reviewed and approved the cost estimate and the City Attorney
has reviewed and approved the attached agreements.
FISCAL IMPACT:
None. All costs associated with the completion of public improvements are the responsibility of
the developer.
ATTACHMENTS:
31154 RSI-Project Royal SA Amend 1
31154 Bonds
3.A.6
Packet Pg. 22
3.A.6.aPacket Pg. 23Attachment: 31154 RSI-Project Royal SA Amend 1 (Tract 31154 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.6.aPacket Pg. 24Attachment: 31154 RSI-Project Royal SA Amend 1 (Tract 31154 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.6.aPacket Pg. 25Attachment: 31154 RSI-Project Royal SA Amend 1 (Tract 31154 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.6.aPacket Pg. 26Attachment: 31154 RSI-Project Royal SA Amend 1 (Tract 31154 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.6.aPacket Pg. 27Attachment: 31154 RSI-Project Royal SA Amend 1 (Tract 31154 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.6.aPacket Pg. 28Attachment: 31154 RSI-Project Royal SA Amend 1 (Tract 31154 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.6.aPacket Pg. 29Attachment: 31154 RSI-Project Royal SA Amend 1 (Tract 31154 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.6.aPacket Pg. 30Attachment: 31154 RSI-Project Royal SA Amend 1 (Tract 31154 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.6.aPacket Pg. 31Attachment: 31154 RSI-Project Royal SA Amend 1 (Tract 31154 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.6.aPacket Pg. 32Attachment: 31154 RSI-Project Royal SA Amend 1 (Tract 31154 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.6.aPacket Pg. 33Attachment: 31154 RSI-Project Royal SA Amend 1 (Tract 31154 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.6.aPacket Pg. 34Attachment: 31154 RSI-Project Royal SA Amend 1 (Tract 31154 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.6.bPacket Pg. 35Attachment: 31154 Bonds (Tract 31154 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.6.bPacket Pg. 36Attachment: 31154 Bonds (Tract 31154 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.6.bPacket Pg. 37Attachment: 31154 Bonds (Tract 31154 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.6.bPacket Pg. 38Attachment: 31154 Bonds (Tract 31154 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.6.bPacket Pg. 39Attachment: 31154 Bonds (Tract 31154 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.6.bPacket Pg. 40Attachment: 31154 Bonds (Tract 31154 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.6.bPacket Pg. 41Attachment: 31154 Bonds (Tract 31154 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.6.bPacket Pg. 42Attachment: 31154 Bonds (Tract 31154 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.6.bPacket Pg. 43Attachment: 31154 Bonds (Tract 31154 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.6.bPacket Pg. 44Attachment: 31154 Bonds (Tract 31154 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.6.bPacket Pg. 45Attachment: 31154 Bonds (Tract 31154 Amendment No. 1 Agreement for Completion of Public Improvements)
May 1, 2018
TO: City Council
REQUESTED BY: Habib Motlagh, City Engineer
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Tract 31037-3 Amendment No. 1 Agreement for Completion of Public
Improvements
RECOMMENDATION:
Staff recommends that the City Council approve Amendment No. 1 to the Agreement for
Completion of Public Improvements for Project Royal, LP and RSI Communities - California
LLC, Tract 31037-3; located at DeAnza Drive and Lyon Avenue.
DISCUSSION:
In December of 2006, an Agreement for Completion of Public Improvements for Tract 31037-3
listed the conditions that were mutually agreed upon between the City and Potter Ranch 2004,
LLC.
Project Royal, the new developer of the project, in conjunction with RSI Communities -
California LLC, is proposing to complete the balance of the public improvements to Tract
31037-3, and as such, is required to establish new agreements and post new securities.
The City Engineers' office has reviewed and approved the cost estimate and the City Attorney
has reviewed and approved the attached agreements.
FISCAL IMPACT:
All costs associated with the completion of public improvements are the responsibility of the
developer.
ATTACHMENTS:
31037-3 RSI-Project Royal SA Amend 1
31037-3 Bonds
3.A.7
Packet Pg. 46
3.A.7.aPacket Pg. 47Attachment: 31037-3 RSI-Project Royal SA Amend 1 (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.7.aPacket Pg. 48Attachment: 31037-3 RSI-Project Royal SA Amend 1 (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.7.aPacket Pg. 49Attachment: 31037-3 RSI-Project Royal SA Amend 1 (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.7.aPacket Pg. 50Attachment: 31037-3 RSI-Project Royal SA Amend 1 (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.7.aPacket Pg. 51Attachment: 31037-3 RSI-Project Royal SA Amend 1 (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.7.aPacket Pg. 52Attachment: 31037-3 RSI-Project Royal SA Amend 1 (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.7.aPacket Pg. 53Attachment: 31037-3 RSI-Project Royal SA Amend 1 (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.7.aPacket Pg. 54Attachment: 31037-3 RSI-Project Royal SA Amend 1 (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.7.aPacket Pg. 55Attachment: 31037-3 RSI-Project Royal SA Amend 1 (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.7.aPacket Pg. 56Attachment: 31037-3 RSI-Project Royal SA Amend 1 (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.7.aPacket Pg. 57Attachment: 31037-3 RSI-Project Royal SA Amend 1 (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.7.aPacket Pg. 58Attachment: 31037-3 RSI-Project Royal SA Amend 1 (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.7.aPacket Pg. 59Attachment: 31037-3 RSI-Project Royal SA Amend 1 (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.7.aPacket Pg. 60Attachment: 31037-3 RSI-Project Royal SA Amend 1 (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.7.bPacket Pg. 61Attachment: 31037-3 Bonds (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.7.bPacket Pg. 62Attachment: 31037-3 Bonds (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.7.bPacket Pg. 63Attachment: 31037-3 Bonds (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.7.bPacket Pg. 64Attachment: 31037-3 Bonds (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.7.bPacket Pg. 65Attachment: 31037-3 Bonds (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.7.bPacket Pg. 66Attachment: 31037-3 Bonds (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.7.bPacket Pg. 67Attachment: 31037-3 Bonds (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.7.bPacket Pg. 68Attachment: 31037-3 Bonds (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.7.bPacket Pg. 69Attachment: 31037-3 Bonds (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.7.bPacket Pg. 70Attachment: 31037-3 Bonds (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
3.A.7.bPacket Pg. 71Attachment: 31037-3 Bonds (Tract 31037-3 Amendment No. 1 Agreement for Completion of Public Improvements)
May 1, 2018
TO: City Council
REQUESTED BY: Sharon Paisley, Development Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Resolution No. 3705 Electing to Participate with the County of Riverside
Mortgage Credit Certificate
RECOMMENDATION:
Staff recommends that the City Council approve and adopt Resolution No. 3705 electing to
participate with the County of Riverside Mortgage Credit Certificate Program.
DISCUSSION:
The County of Riverside Economic Development Agency (EDA) must apply to the California
Debt Limit Allocation Committee (CDLAC) for the Mortgage Credit Certificate (MCC)
Program. In preparation of the application, the EDA requests jurisdictions within the County to
join with them in participating in the Program. If a jurisdiction agrees to participate, qualified
lower-income applicants may use an MCC to purchase a home within those jurisdictions and/or
the unincorporated county area. Since 2012, 193 homebuyers throughout Riverside County
benefitted from the program. Of that amount, 26 purchased homes within the San Jacinto city
limits.
A Mortgage Credit Certificate (MCC) entitles qualified homebuyers to reduce the amount of
their federal income tax liability by 20% of the interest paid during the year on the primary
mortgage loan. Therefore, homebuyers can qualify more easily for a loan as lenders may factor
the tax credit when underwriting the loan application, which may allow the borrower to qualify
for a larger loan amount or improve the borrower’s qualifying debt ratios. If th e amount of the
MCC exceeds the homebuyer’s tax liability, the unused portion of the credit can be carried
forward to the next three years or until used, whichever comes first.
The following table illustrates how a MCC increases a borrower’s "effective home buying
power":
Effective Home Buying Power With and Without an MCC
Without MCC With MCC
First Mortgage Amount $300,000 $300,000
Mortgage Interest Rate 4% 4%
Monthly Mortgage
(Principal & Interest Only) $1,432 $1,432
3.A.8
Packet Pg. 72
MCC Rate N/A 20%
Monthly Credit Amount N/A $200
"Effective" Monthly
Mortgage Payment $1,432 $1,232
Annual Income Needed * $61,371 $52,800
Annual Income needed is based on monthly Principal and Interest (P&I) not
exceeding 28% of monthly income.
The residence purchased in conjunction with an MCC must be the borrower’s principal residence
and may not be used as a business, rental or vacation home. This program can be used with all
housing types including, new, and resale detached or attached single-family, condominium, co-
op, or a manufactured home on a permanent foundation.
There are three basic criteria for determining a homebuyer’s eligibility for the MCC tax credits:
1. The borrower must be a first time Home Buyer defined as a person who has not had an
ownership interest in an improved-upon residential real property, nor filed any mortgage
or real estate related tax deductions during the most recent three (3) years.
2. The borrower’s annual income must fall within the program income limits as follows:
Maximum Income Outside Target Area*
o Household with 1-2 persons: $73,300
o Household with 3+ persons: $84,295
Maximum Income Inside Target Area
o Household with 1-2 persons: $87,960
o Household with 3+ persons: $102,620
3. The home being purchased must fall within the program purchase price limits as follows:
Maximum Home Purchase Price
o Outside Target Area: $349,411
o Inside Target Area: $427,058
*Target Areas are census tracts designated by the Federal Government to encourage investment.
In addition, if the home is located in a Target Area census tract, then the first-time buyer
requirement does not apply and the income and purchase price limits are higher. There are target
area census tracts throughout Riverside County. The following are the target areas in San
Jacinto: 429.03, 436.01, 436.02, and 436.09.
FISCAL IMPACT:
Participating in this program will not have an impact to the City’s budget.
ATTACHMENTS:
Resolution No. 3705
3.A.8
Packet Pg. 73
STATE OF CALIFORNIA ) RESOLUTION NO. 3705
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, PARTICIPATING WITH THE COUNTY OF
RIVERSIDE MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM
WHEREAS, the Tax Reform Act of 1986 established the Mortgage Credit
Certificate Program (“MCC Program”) as a means of assisting qualified individuals with
the acquisition of new and existing single family housing; and
WHEREAS, pursuant to Division 31, Part 1, Chapter 3.5, Article 3.4 of the
California Health and Safety Code Sections 50197 et seq, local issuers are authorized
to issue Mortgage Credit Certificates ("Certificates") and administer MCC Program; and
WHEREAS, the Board of Supervisors of the County of Riverside adopted
Resolution No 87-564 on December 22, 1987 establishing a Mortgage Credit Certificate
Program; and
WHEREAS, the Board of Supervisors of the County of Riverside has authorized
the Riverside County Economic Development Agency (“EDA”) to administer the MCC
Program pursuant to the applicable federal, state and local policies an d procedures, and
to enter into those agreements necessary for efficient administration of the MCC
Program; and
WHEREAS, the County of Riverside (“County”) will be applying to the California
Debt Limit Allocation Committee (“CDLAC”) for a mortgage credit certifi cate allocation in
July 2018 or thereabouts; and
WHEREAS, the City of San Jacinto (“City”) wishes to participate in the MCC
Program administered by the EDA in connection with mortgage loans it will make
available for the acquisition of new and existing single-family housing in Riverside
County; and
WHEREAS, the adoption of this resolution is necessary to include the City of San
Jacinto as a participating unit of general government under County’s MCC program; and
WHEREAS, the City agrees to cooperate with the County of Riverside to
undertake the MCC program within City jurisdiction to assist persons or households of
limited income to purchase new and existing single family residences located in the city;
and
3.A.8.a
Packet Pg. 74 Attachment: Resolution No. 3705 (Resolution No. 3705 Electing to Participate with the County of Riverside Mortgage Credit Certificate)
WHEREAS, the City by adopting this Resolution, hereby gives notice of its
election to participate in the Riverside County MCC program.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of San
Jacinto as follows:
The City of San Jacinto agrees
1. to participate in the MCC Program administered by the EDA in connection
with mortgage loans it will make available for the acquisition of new and
existing single-family housing in Riverside County;
2. to assist the County of Riverside to market the MCC Program within the
city’s jurisdictional boundary by publishing a general public notice in
the local newspaper at least twice a year.
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 1 st day of
May, 2018, by the following vote:
Ayes:
Nays:
Absent:
Abstain:
CITY OF SAN JACINTO:
By:
______________________________
Crystal Ruiz, Mayor
ATTEST:
___________________________________
Angela Walton, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER, LLP
Michael J. Maurer, City Attorney
3.A.8.a
Packet Pg. 75 Attachment: Resolution No. 3705 (Resolution No. 3705 Electing to Participate with the County of Riverside Mortgage Credit Certificate)
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
I, Angela Walton, City Clerk of the City of San Jacinto, do hereby certify that the
foregoing Resolution No. 3705 was passed, approved, and adopted at the Regular
Meeting of the San Jacinto City Council held on the 1st day of May 2018.
Ayes:
Nays:
Absent:
Abstain:
WITNESS MY HAND AND OFFICIAL SEAL this 1st day of May 2018.
_____________________________________
Angela Walton, City Clerk
City of San Jacinto
3.A.8.a
Packet Pg. 76 Attachment: Resolution No. 3705 (Resolution No. 3705 Electing to Participate with the County of Riverside Mortgage Credit Certificate)
May 1, 2018
TO: City Council
REQUESTED BY: Travis Randel, Community Development Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: General Plan and Housing Element Reporting Period 01/01/17 to 12/31/17
RECOMMENDATION:
Staff recommends that the City Council receive and file the 2017 Annual Progress Report.
BACKGROUND:
Government Code Section 65400 mandates cities to prepare and submit an Annual Progress
Report (APR) on the status and implementation of the General Plan and Housing Element. The
report must be submitted to the City Council, the Governor’s Office of Planning and Research
(OPR), and the Department of Housing and Community Development (HCD). The APR
provides local legislative bodies with information regarding the implementation of the General
Plan, and it provides OPR with the opportunity to identify statewide trends in land use decisions,
and how local planning and development activities relate to statewide planning goals and
policies. Providing a copy of the APR to HCD fulfills statutory requirements to report certain
housing information, including the local agency’s progress in meeting its share of regional
housing needs, and local efforts to remove governmental constraints to the development of
affordable housing.
The attached APR represents staff’s annual effort to provide this information in the format
suggested by the State, and it includes the housing data that is required by current statutes.
FISCAL IMPACT:
There is no fiscal impact by receiving and filing this report.
ATTACHMENTS:
Attachment 1 - 2017 Annual Report, City of San Jacinto
3.A.9
Packet Pg. 77
City of San Jacinto
General Plan and Housing Element
Annual Report
01/01/17 to 12/31/17
Prepared by:
City of San Jacinto
Community Development Department
595 S. San Jacinto Avenue
San Jacinto, CA 92583
Phone: 951.487.7330
3.A.9.a
Packet Pg. 78 Attachment: Attachment 1 - 2017 Annual Report, City of San Jacinto (General Plan and Housing Element Reporting Period 01/01/17 to 12/31/17)
2
Table of Contents
Page
Purpose of the Annual Report 3
Background on the Existing City of San Jacinto General Plan 3
Date of Presentation/Acceptance by the Local Legislative Body 4
Date of Last Update to the General Plan 4
Measures Associated With Implementation of the General Plan 5
Planning/Construction Activities in 2017 5
General Plan Amendments in 2017 6
Appendix
Table A 6
Table A2 7
Table A3 8
Table B 9
Table C 10
3.A.9.a
Packet Pg. 79 Attachment: Attachment 1 - 2017 Annual Report, City of San Jacinto (General Plan and Housing Element Reporting Period 01/01/17 to 12/31/17)
3
Purpose of the Annual Report
Government Code Section 65400 mandates that certain cities and all 58 counties submit an
Annual Progress Report (APR) on the status of the General Plan and progress in its
implementation to their legislative bodies to the Governors’ Office of Planning and Research
(OPR), and the State Department of Housing and Community Development (HCD), by April 1
of each year. The APR provides local legislative bodies with information regarding the
implementation of the General Plan for their city or county. APRs must be presented to the local
legislative body for its review and acceptance, usually as a consent or discussion item on a
regular meeting agenda. Therefore, the APR should provide enough information for decision
makers to assess how the General Plan was implemented during the 12-month reporting period –
either calendar year or fiscal year.
More specifically, APRs explain how land use decisions relate to adopted goals, policies, and
implementation measures of the General Plan. The APR should provide enough information to
identify necessary “course adjustments” or modifications to the General Plan, and means to
improve local implementation. The State uses the APR to identify statewide trends in land use
decision making and how local planning and development activities relate to statewide planning
goals and policies. APRs may identify needed modifications and improvements to OPR’s
General Plan Guidelines. In addition, OPR is able to track progress on a local jurisdiction’s
comprehensive General Plan update using information provided in the APR.1
Background on the Existing City of San Jacinto General Plan
In 2006, the City Council adopted the current General Plan, which replaced the prior General
Plan that was adopted in 1985. The adoption of the General Plan in 2006 culminated a multi -
year effort that was initiated in 2000, when the Council identified the need to comprehensively
update the General Plan.
California State law requires each city and county to adopt a comprehensive General Pan to
guide the long term physical development of the community. A City’s General Plan serves as a
blueprint for future growth and development, and is a City’s foremost policy document for both
short and long term planning and development. Per State law, the General Plan must address and
include at least the following seven elements: land use, circulation, housing, noise, safety,
conservation, and open space. The law allows a city to include other elements that are deemed
locally important, such as community services and facilities. The San Jacinto General Plan
addresses these required and optional issues in the following elements:
Land Use
Community Services and Facilities
Circulation
1 Governor’s Office of Planning and Research. State of California: 2007 General Plan Annual Progress Report
Guidance. Office of Planning and Research: Sacramento, 2007.
3.A.9.a
Packet Pg. 80 Attachment: Attachment 1 - 2017 Annual Report, City of San Jacinto (General Plan and Housing Element Reporting Period 01/01/17 to 12/31/17)
4
Resource Management
Public Safety
Noise
Housing
Arts and Culture
Since the adoption of the San Jacinto General Plan in 2006, there were no amendments to the
issues, goals, and policies until 2012. The adoption of a new Housing Element for the 4th
planning cycle covering the 2008-2014 planning period was completed in 2012. Extensive
updates to the Land Use Element and Land Use Policy map in conjunction with the adoption of a
new Development Code and Zoning Map were completed in December 2012.
A new Housing Element of the General Plan for the 5th planning cycle covering 2013-2021,
drafted by staff and a consultant continued through the certification process with State HCD. On
September 17, 2013, the City Council adopted the Housing Element for 2013-2021. On
September 26, 2013, the City received a letter from State HCD finding the adopted housing
element in full compliance with the State Housing Element Law and in compliance with
statutory requirements.
The City also adopted a new Arts and Culture Element as part of the General Plan on December
3, 2013. The Arts and Culture Element describes the existing arts and cultural resources in the
area, identifies opportunities for arts enrichment, and defines goals, polices, and implementation
strategies to further integrate arts and culture in the City’s future.
Date of Presentation/Acceptance by the Local Legislative Body
The 2017 General Plan Annual Report was received and filed at a regularly scheduled City
Council meeting on May 1, 2018.
Date of Last Update to the General Plan
The San Jacinto General Plan underwent a comprehensive review and update, and was formally
approved on May 4, 2006, with the adoption of Resolution No. 2895. The 2012 adoption of the
Housing Element and updated Land Use Element was formally approved/adopted on October 19,
2012, with City Council adoption of Resolution No. 3444 for General Plan Amendment No. 1-
12. The Housing Element for 2013-2021 was adopted as General Plan Amendment No. 1-13 on
September 17, 2013. The Arts and Culture Element was adopted as General Plan Amendment
No. 2-13 on December 3, 2013.
3.A.9.a
Packet Pg. 81 Attachment: Attachment 1 - 2017 Annual Report, City of San Jacinto (General Plan and Housing Element Reporting Period 01/01/17 to 12/31/17)
5
3.A.9.a
Packet Pg. 82 Attachment: Attachment 1 - 2017 Annual Report, City of San Jacinto (General Plan and Housing Element Reporting Period 01/01/17 to 12/31/17)
6
Measures Associated With Implementation of the General Plan
Planning / Construction Activities in 2017
Public Improvements
San Jacinto Avenue Pavement Rehabilitation FPN: STPLN-5075 (018)
HSIP Cycle 5: Signalized Intersection Pedestrian Upgrades
HSIP Cycle 6: Pedestrian Upgrades at Unsignalized Intersections
Sanderson and Ramona Boulevard Traffic Signal
Active Transportation Program Cycle
2017 CDBG Downtown Street Improvements
Streetlight pole retrofitting of 350 City owned poles from LPS to LED. Includes
residential, Lake Park bridge, Main Street’s Downtown areas. These new lights
provide higher visibility, safety, and reduce electricity billing.
Street light conduit installation - Villines / Garrett Way
Pedestrian Upgrades:
Sidewalk improvements along Ramona Blvd from Skyview to Chase
Sidewalk improvements San Jacinto / Esplanade
Sidewalk improvements and cross cut at Grand / Industrial Way
Sidewalk improvements at Santa Fe, North of Menlo
Sidewalk improvements at Esplanade (in front of Valley wide)
ADA Ramp and Sidewalk improvements on Main St. Brown
Storm Water catch basin and culvert installation at Lyon and Ramona Blvd.,
Idyllwild near State (repair only), Esplanade near Palm (in front of Valley wide), and
Shaver and Hewitt (repair only)
Curb and Gutter repair and replacement at Gladiolus and Burgundy Place, Cherry
Laurel Lane, Grand Avenue, and Industrial Way
Thermoplastic and paint striping State St. from Quant Ranch Road to Esplanade
Avenue and Main Street to Ramona Expressway
Street repair and replacement on Seventh Street from Ivy Crest to Kirby
Planning Projects
Preparation of a Downtown Specific Plan continued into 2017. Utilizing funding from
the California’s Strategic Growth Council, the City of San Jacinto is beginning a
community-based planning process for revitalization of its Downtown. The Plan will
provide long-term guidance for positive-growth, focusing on the creation of mixed
use, compact, and pedestrian scale development, as well as, support for future regional
transportation and transit. The Plan will also focus on a new Transit Oriented
Development (TOD) Corridor to include higher density along transportation corridors.
This effort will also include preparation of a new General Plan Health Element.
Commercial development continued to increase with new commercial and residential
development applications submitted for processing, as follows.
3.A.9.a
Packet Pg. 83 Attachment: Attachment 1 - 2017 Annual Report, City of San Jacinto (General Plan and Housing Element Reporting Period 01/01/17 to 12/31/17)
7
Commercial Projects
o Aldi Retail Store and Dental Building
o Wienerschnitzel Fast Food Drive Through
o Seventh Street/Sanderson Commercial Project
o Luiseno Village Commercial Center
o Commonwealth Crossing Commercial Development
Residential Projects (For Sale Single-Family Homes)
o Luz Del Sol
o The Cove
o Maravilla Senior Living
o Potter Ranch
o Santiago Ranch
o Sandlewood
o Arterra
A Development Code Amendment to permit Commercial Marijuana Cultivation was
approved. Outdoor cannabis cultivation in focused in the western portion of the City
which currently has more agricultural uses, with indoor cultivation in the specified
areas of the Industrial Zones.
General Plan Amendments in 2017
The City adopted General Plan Amendment (GPA) 17-01, amending the General Plan Land Use
Policy Map to change the land use designation of two properties from Community Commercial
to Residential Medium. Two new tentative tract maps were approved to provide a total of 154
new residential lots.
3.A.9.a
Packet Pg. 84 Attachment: Attachment 1 - 2017 Annual Report, City of San Jacinto (General Plan and Housing Element Reporting Period 01/01/17 to 12/31/17)
7
TABLE A
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction San Jacinto Reporting Period 1/1/2017 - 12/31/2017 Table A Annual Building Activity Report Summary - New Construction
Very Low-, Low-, and Moderate-Income Units and Mixed-Income Multifamily Projects
Housing Development Information
Housing with Financial
Assistance and/or
Deed Restrictions
Housing without
Financial Assistance
or Deed Restrictions
1 2 3 4 5 5a 6 7 8
Project Identifier
(may be APN No.,
project name or
address)
Unit
Categor
y
Tenure
R=Rent
er
O=Own
er
Affordability by Household Incomes
Total
Units
per
Project
Est. # Infill
Units**
Assistance
Programs
for Each
Developm
ent
Deed
Restricted
Units
Note below the number of
units determined to be
affordable without financial or
deed restrictions and attach
an explanation how the
jurisdiction determined the
units were affordable. Refer
to instructions.
Very Low-
Income
Low-
Income
Moderate-
Income
Above
Moderate-
Income See
Instruction
s
See
Instruction
s
The Cove SF O 45
Luz Del Sol SF O 43
Potter Ranch SF O 60
Arterra SF O 3
Maravilla SF O 4
Infill SF O 1
Santiago SF O 1
Stallion’s Crossing SF O 59
(9) Total of Moderate and Above Moderate from Table A3 ► ►
► ► ► ► 216
(10) Total by income Table A/A3 ► ►
(11) Total Extremely Low-Income Units*
* Note: These fields are voluntary
3.A.9.a
Packet Pg. 85 Attachment: Attachment 1 - 2017 Annual Report, City of San Jacinto (General Plan and Housing Element
9
Table A2
Annual Building Activity Report Summary - Units Rehabilitated, Preserved and Acquired pursuant
to GC Section 65883.1(c)(1)
Please note: Units may only be credited to the table below when a jurisdiction has included a program in its housing element to rehabilitate, preserve or
acquire units to accommodate a portion of its RHNA which meet the specific criteria as outlined in GC Section 65583.(c)(1)
Activity Type
Affordability by Household Incomes
(4) Description of Activity Including Housing Element Program Reference
Very Low-
Income
Low-
Income
Moderate-
Income
TOTAL
UNITS
(1) Rehabilitation Activity 0
(2) Preservation of Units At-Risk 36 36 3. Conservation of Existing and Future Affordable Units – Supported the application
for Tax Credits to preserve the affordable units.
(3) Acquisition of Units 0
(5) Total Units by Income 0 0 0 0
3.A.9.a
Packet Pg. 86 Attachment: Attachment 1 - 2017 Annual Report, City of San Jacinto (General Plan and Housing Element
10
Table A3
Annual building Activity Report Summary for Above Moderate-Income Units
(not including those units reported on Table A)
1.
Single Family
2.
2 - 4 Units
3.
5+ Units
4.
Second Unit
5.
Mobile Homes
6.
Total
7.
Number of
infill units*
No. of Units Permitted
for Moderate (<1600
sf)
No. of Units Permitted
for Above Moderate
(>1600 sf)
* Note: This field is voluntary
3.A.9.a
Packet Pg. 87 Attachment: Attachment 1 - 2017 Annual Report, City of San Jacinto (General Plan and Housing Element
11
TABLE B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
Enter Calendar Year starting with the first
year of the RHNA allocation period. See
Example.
2014 2015 2017 2017 2018 2019 2020 2021
Total Units
to Date
(all years)
Total
Remaining
RHNA
by Income
Level Income Level
RHNA
Allocation
by
Income
Level
Year
1
Year
2
Year
3
Year
4
Year
5
Year
6
Year
7
Year
8
Year
9
Very Low
Deed
Restricted 562
562
Non-deed
restricted
Low
Deed
Restricted 394
394
Non-deed
restricted
Moderate
Deed
Restricted
441
209
Non-deed
restricted
4
4 8 216
Above Moderate 1036
51
92
137 756
Total RHNA by COG.
Enter allocation number: 2,433
55
96
145
216
2,137
Total Units ► ► ►
Remaining Need for RHNA Period ► ► ► ► ►
3.A.9.a
Packet Pg. 88 Attachment: Attachment 1 - 2017 Annual Report, City of San Jacinto (General Plan and Housing Element
12
Table C
2013-2021 Housing Element Program Evaluation
Program Responsible
Agency Funding Source Program Objectives Accomplishments and Future Actions
Conserve and Improve Affordable Housing
1. Code Enforcement Code Enforcement
Staff
Redevelopment Set
Aside, CDBG, and
General Fund
Continue to implement code enforcement program.
By the end of FY 14/15, complete a comprehensive
housing conditions survey. Use the survey to target
funding priorities of Program 2B.
Ongoing. Funded by General Fund and CDBG.
Comprehensive housing conditions survey has not
been completed due to funding and staffing
constraints.
2A. Housing Rehabilitation
Loan Programs - Single-
Family Homeowner
Redevelopment
Agency, Planning
Department
Redevelopment set-
aside, CDBG,
Federal HOME, and
General fund
Strive to assist at least two units annually. The City does not have a replacement funding
source, since the loss of Redevelopment. Future
funding to continue the program is uncertain at this
time.
2B. Enhanced Senior Home
Repair Grant Program
Redevelopment
Agency, Planning
Department, Code
Enforcement team
Redevelopment set-
aside, CDBG,
Federal HOME, and
General fund
Strive to assist at least 2 units annually. The City does not have a replacement funding
source, since the loss of Redevelopment. Future
funding to continue the program is uncertain at this
time.
3. Conservation of Existing
and Future Affordable Units
Community
Development
Department, HUD,
HCD, and the
Housing Authority of
Riverside County
(HARIVCO)
HUD Section 8
vouchers, other
funding sources as
available
Monitor the status of assisted projects (none were
at-risk during the planning period).
The City supported the a Tax Credit application for
one housing project and it received Tax Credit
funding to rehabilitate units and add a small
community room. The rehabilitation was
completed in 2017.
4. Section 8 Rental
Assistance
Housing Authority of
Riverside County
Section 8 vouchers Continue to support the HARIVCO’s applications
for additional Section 8 allocations and efforts to
provide vouchers for lower income San Jacinto
residents.
Ongoing - continue to support.
3.A.9.a
Packet Pg. 89 Attachment: Attachment 1 - 2017 Annual Report, City of San Jacinto (General Plan and Housing Element
13
Provide Adequate Housing Sites
5. Land Use Element Planning Department General fund Maintain land use designations on adequate sites to
accommodate San Jacinto’s regional housing
needs.
The Land Use Element was amended in 2012 to
provide additional capacity for high-density
housing commensurate with the RHNA (see also
Program 11). This program should be continued
although no Land Use Element amendments are
necessary in the new planning period.
Facilitate the Provision of Affordable Housing
6. Provide Incentives and
Assistance to Affordable
Housing Developments
Planning Department General Fund Facilitate affordable housing development
commensurate with the RHNA.
No new projects were assisted in 2017. The City
did support a successful Tax Credit application and
fast tracked the rehabilitation plans and review
process for an existing 36- unit low income
apartment development.
The City will continue to review opportunities for
affordable housing development.
7. Downpayment
Assistance
Redevelopment
Agency
Redevelopment set-
aside
Provide downpayment or closing cost assistance to
five qualified persons or families annually.
The City does not have a replacement funding
source, since the loss of Redevelopment. Future
funding to continue the program is uncertain at this
time
8. Single-Family Infill
Housing Program
Planning Department Redevelopment set-
aside, CDBG,
HOME, tax credits,
bond financing
Assist in the development of one single-family
home annually through the end of the planning
period.
Prior to the dissolution of the RDA, the City was
working with Habitat for Humanity to acquire sites
for new homes. The City does not have a
replacement funding source, since the loss of
Redevelopment. Future funding to continue the
program is uncertain at this time
9. Pursue State and Federal
Funding
Redevelopment
Agency, County of
Riverside EDA,
HCD, CalHFA, and
others
Redevelopment set-
aside, CDBG,
HOME, tax credits,
and bonds
Work with at least one developer or interested
entity annually. When a developer expresses
interest in developing affordable or special needs
housing in San Jacinto, determine funding priorities
and sources and support applications for funding.
With the loss of RDA set-aside funds, continuation
of the program is uncertain at this time. The City
continues to discuss opportunities with potential
affordable housing developers.
10. Mortgage Credit
Certificate Program
Riverside County
EDA
EDA and federal tax
credits
Provide information regarding the MCC Program
to eligible home buyers.
The City worked with Riverside County EDA to
facilitate MCCs for homebuyers in San Jacinto.
3.A.9.a
Packet Pg. 90 Attachment: Attachment 1 - 2017 Annual Report, City of San Jacinto (General Plan and Housing Element
14
Promote Equal Housing Opportunities
11. Fair Housing Services Redevelopment
Agency
General fund Continue to work with the County of Riverside to
provide fair housing services to residents of San
Jacinto
Services are provided through Riverside County
EDA. The Fair Housing Council provided
homebuyer workshops.
12. Reasonable
Accommodation in Housing
for Persons with Disabilities
Planning Department Department budget Establish a formal policy or procedure for processing
requests for reasonable accommodation.
Updated Reasonable Accommodation procedures
were added to the Development Code in 2014.
This program has been completed.
13. Housing for Extremely-
Low-Income Persons
Planning Department Grant funds,
Riverside County
EDA
Provide expedited permit processing for new
housing that includes ELI units, such as SROs and
transitional/supportive housing
Provide regulatory concessions and/or financial
incentives when developers include ELI units in
affordable developments
Conduct annual outreach to non-profit developers
The City has continued to work with affordable
housing developers to identify potential sites,
although no ELI units were produced.
13. Housing for Extremely-
Low-Income Persons
Planning Department General fund, Grant
funds,
Work cooperatively with property owners, utility
companies and other government agencies to reduce
energy use in residential developments.
The City has supported the WRCOG HERO
program for providing low interest loans to
qualified property owners for energy efficient
upgrades.
3.A.9.a
Packet Pg. 91 Attachment: Attachment 1 - 2017 Annual Report, City of San Jacinto (General Plan and Housing Element
May 1, 2018
TO: City Council
REQUESTED BY: Sharon Paisley, Development Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Resolution SA 18-01 of Successor Agency for Quitclaim Deed Conveying
Assessor Parcel No. 439-112-031
RECOMMENDATION:
Staff recommends that the Governing Board adopt and approve the attached Resolution No. SA
18-01 to (i) approve the Quitclaim Deed Conveying Assessor Parcel No. 439-112-031, from the
Successor Agency to Fun Properties, LLC (ii) authorize the Executive Directo r to execute the
Quitclaim Deed.
DISCUSSION:
The former San Jacinto Redevelopment Agency (“Former RDA”) entered into a Disposition and
Development Agreement with Fun Properties, LLC for the purpose of conveying that certain real
property commonly described as 1635 South San Jacinto Avenue, and more specifically
described in the Resolution accompanying this staff report (the “Property”), from the Former
RDA to Fun Properties, LLC. It has come to the parties’ attention that Assessor Parcel No. 439 -
112-031 (“Subject Parcel”), which bisects the property transferred to Fun Properties, LLC under
the DDA, appears on title as owned by the Former RDA.
The Subject Parcel is an abandoned Eastern Municipal Water District water line, and has no
economic value to the Successor Agency, or to the City of San Jacinto.
Pursuant to Health and Safety Code Section 34172, the Former RDA was dissolved as of
February 1, 2012. Pursuant to Health and Safety Code Section 34173, the City of San Jacinto
elected to become the Successor Agency to the Former RDA (“Successor Agency”). The
Successor Agency is a separate legal entity from the City.
In order to effectuate the intent and purpose of the DDA, staff recommends that the attached
Quitclaim Deed be approved for the transfer of the Subject Parcel from the Successor Agency to
Fun Properties, LLC, and that the Executive Director be authorized to execute the Quitclaim
Deed.
The Oversight Board is responsible for approving or directing the actions of the Successor
Agency pursuant to Health and Safety Code Section 34179 and 34181. Should the Quitclaim
Deed be approved by the Board of the Successor Agency, it would also require the approval by
the Oversight Board in order to be legally effective.
FISCAL IMPACT:
The Subject Parcel has no economic value to the Successor Agency. Transfer of the Subject
3.B.1
Packet Pg. 92
Parcel will have no fiscal impact on the Successor Agency.
ATTACHMENTS:
Resolution SA 18-01
Quitclaim Deed Conveying Parcel No. 439-112-031
3.B.1
Packet Pg. 93
24438.31000\31009442.1 1
STATE OF CALIFORNIA ) RESOLUTION NO. SA 18-01
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE SAN
JACINTO REDEVELOPMENT AGENCY APPROVING A QUITCLAIM
DEED CONVEYING ASSESSOR PARCEL NO. 439-112-031 FROM
THE SUCCESSOR AGENCY TO FUN PROPERTIES, LLC TO
EFFECTUATE THE DISPOSITION AND DEVELOPMENT
AGREEMENT ENTERED INTO BY AND BETWEEN THE FORMER
SAN JACINTO REDEVELOPMENT AGENCY AND FUN
PROPERTIES, LLC
WHEREAS, pursuant to Health and Safety Code Section 34173(d), the
City of San Jacinto elected to become the successor agency (“Successor Agency”) to
the dissolved San Jacinto Redevelopment Agency (“Former RDA”), and pursuant to
Health and Safety Code Section 34173(g), the Successor Agency is a separate legal
entity from the City.
WHEREAS, the Former RDA and Fun Properties, LLC entered into a
Disposition and Development Agreement, dated February 7, 1995, as subsequently
amended, (“DDA”) for the transfer of that certain real property generally described as
1635 South San Jacinto Avenue, and more specifically described in Exhibit “A” attached
to this Resolution (the “Property”) to Fun Properties, LLC.
WHEREAS, pursuant to the DDA, the Property was transferred to Fun
Properties, LLC and was developed in accordance with the terms of the DDA, and
currently includes an operating gym.
WHEREAS, due to an apparent oversight, the Successor Agency, as
successor to the Former RDA, owns that certain real property identified as Assessor
Parcel No. 439-112-031, in the City of San Jacinto, California (“Subject Parcel”), which
parcel bisects the Property, and has been developed as part of the development of the
Property. The Subject Parcel is legally described in that certain Quitclaim Deed
attached as Exhibit “B” to this Resolution.
WHEREAS, the Subject Parcel is an abandoned Eastern Municipal Water
District water line, and has no economic value to the Successor Agency, or to the City
of San Jacinto.
WHEREAS, in order to effectuate the intent and purpose of the DDA, the
Successor Agency desires to convey the Property to Fun Properties, LLC, and Fun
Properties, LLC desires to accept such conveyance of the Property.
3.B.1.a
Packet Pg. 94 Attachment: Resolution SA 18-01 [Revision 1] (Resolution SA 18-01 of Successor Agency for Quitclaim Deed Conveying Assessor Parcel No.
24438.31000\31009442.1 2
NOW, THEREFORE, BE IT RESOLVED, ordered, and determined by the
Governing Board of the Successor Agency to the San Jaci nto Redevelopment Agency
as follows:
SECTION 1. Recitals. The Recitals set forth above are true and correct
and are incorporated into this Resolution by this reference.
SECTION 2. Quitclaim of Subject Parcel to Fun Properties, LLC. The
Successor Agency hereby directs and approves the transfer of the Subject Parcel to
Fun Properties, LLC pursuant to the Quitclaim Deed attached as Exhibit “B” to this
Resolution. Contingent on approval of the Oversight Board, the Executive Director is
hereby authorized to execute the Quitclaim Deed for the Subject Parcel.
SECTION 3. Further Acts. The Executive Director, or his designee, is
hereby authorized and directed to take any action necessary to carry out the purposes
of this Resolution and comply with applicable law.
SECTION 4. Severability. If any provision of this Resolution or the
application of any such provision to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of this Resolution that can be
given effect without the invalid provision or application, and to this end the provisions of
this Resolution are severable. The Successor Agency declares that the Successor
Agency would have adopted this Resolution irrespective of the invalidity of any
particular portion of this Resolution.
SECTION 5. Certification. The Secretary to the Successor Agency shall
certify to the adoption of this Resolution.
SECTION 6. Effective Date. This Resolution shall become effective
immediately upon its adoption.
MOVED, PASSED AND ADOPTED at a regular meeting of the
Successor Agency on May 1, 2018 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
[continued on following page]
3.B.1.a
Packet Pg. 95 Attachment: Resolution SA 18-01 [Revision 1] (Resolution SA 18-01 of Successor Agency for Quitclaim Deed Conveying Assessor Parcel No.
24438.31000\31009442.1 3
Governing Board of the Successor
Agency to the former San Jacinto
Redevelopment Agency
______________________________
Crystal Ruiz, Chair of the Successor
Agency
ATTEST:
______________________________
Angela Walton, Board Secretary
3.B.1.a
Packet Pg. 96 Attachment: Resolution SA 18-01 [Revision 1] (Resolution SA 18-01 of Successor Agency for Quitclaim Deed Conveying Assessor Parcel No.
24438.31000\31009442.1
3.B.1.a
Packet Pg. 97 Attachment: Resolution SA 18-01 [Revision 1] (Resolution SA 18-01 of Successor Agency for Quitclaim Deed Conveying Assessor Parcel No.
3.B.1.bPacket Pg. 98Attachment: Quitclaim Deed Conveying Parcel No. 439-112-031 (Resolution SA 18-01 of Successor Agency for Quitclaim Deed Conveying
3.B.1.bPacket Pg. 99Attachment: Quitclaim Deed Conveying Parcel No. 439-112-031 (Resolution SA 18-01 of Successor Agency for Quitclaim Deed Conveying
3.B.1.bPacket Pg. 100Attachment: Quitclaim Deed Conveying Parcel No. 439-112-031 (Resolution SA 18-01 of Successor Agency for Quitclaim Deed Conveying
3.B.1.bPacket Pg. 101Attachment: Quitclaim Deed Conveying Parcel No. 439-112-031 (Resolution SA 18-01 of Successor Agency for Quitclaim Deed Conveying
3.B.1.bPacket Pg. 102Attachment: Quitclaim Deed Conveying Parcel No. 439-112-031 (Resolution SA 18-01 of Successor Agency for Quitclaim Deed Conveying
May 1, 2018
TO: City Council
REQUESTED BY: Sharon Paisley, Development Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Resolution SA 18-02 of Successor Agency for Termination of Disposition
and Development Agreement
RECOMMENDATION:
Staff recommends that the Governing Board adopt and approve the attached Resolution to (i)
approve the termination of Disposition and Development Agreement, as amended by
Amendment No. 1, and Related Deed Covenants and Lease and Option Agreement for 1635 S.
San Jacinto Ave, (ii) approve the accompanying Termination Agreement, and (iii) authorize the
Executive Director to execute the agreement, and to take all necessary actions to effectuate the
termination described herein and in the attached Resolution.
DISCUSSION:
Fun Properties LLC (“Redeveloper”) owns certain real property in the City of San Jacinto,
California generally described as 1635 S. San Jacinto Avenue (the “Property”). The Property is
currently operated as the Powerhouse Gym, and is part of an area formerly referred to in the City
as the “Superblock.”
The former Redevelopment Agency of the City of San Jacinto (“Former RDA”) and Redeveloper
entered into that certain Disposition and Development Agreement, dated February 7, 1995, (the
“DDA”) for the transfer of the Property and construction by Redeveloper of an entertainment
center, an indoor skating rink, an outdoor skating rink, and a parking lot on the Property, and a
loan from the RDA to Redeveloper, in the sum of 327,484.00, for the project (“RDA Loan”).
The Property was transferred to Redeveloper pursuant to a form of deed provided for under the
DDA which includes redevelopment related covenants including, but not limited to, a covenant
to operate the Property as a commercial retail/entertainment establishment (“Deed Covenants”).
The Former RDA and Redeveloper entered into an Amendment No. 1 to the DDA, dated May
17, 2001, (“Amendment No. 1”) to change the use of the Property from a skating rink to a gym,
to provide for a parking lot lease and option to purchase in favor of the RDA (“Parking Lot
Lease Agreement”), and to make changes to the RDA Loan terms under the DDA, including to
reflect the original principal amount and interest owed under the RDA Loan, totaling
$342,742.46.
The RDA Loan has been fully repaid by Redeveloper.
As a result of the passage of Assembly Bill 1X 26 and AB 1484, and pursuant to Health and
Safety Code Section 34173, the City of San Jacinto elected to become the Successor Agency to
3.B.2
Packet Pg. 103
the Former RDA (“Successor Agency”) and now stands in the shoes of the Former RDA under
the terms of the DDA, and related agreements described above. The Successor Agency is a
separate legal entity from the City.
The original purpose of the DDA, as amended, has been satisfied, the Property has been
developed and continues to operate as intended, the site of the Property is zoned commercial,
ensuring the continued operation of the Property for commercial purposes, and the RDA Loan
has been repaid in full.
The City has never used the parking lot identified in the Parking Lot Lease Agreement, and has
no evidence that the Parking Lot Lease Agreement was actually executed. Neither the City nor
the Successor Agency anticipate any future need for use of the parking lot for City purposes.
The continued effect of the DDA and related agreements described above serve no beneficial
purpose to the Successor Agency or to the City.
The Redeveloper desires to sell the Property, and the potential purchaser has concerns with the
continued existence of the DDA, as amended by Amendment No. 1, the Parking Lot Lease
Agreement, and the Deed Covenants (“DDA and Related Agreements”).
In order to promote the free sale and transfer of property in the City, and since the DDA and
Related Agreements no longer serve any beneficial purpose to the City or the Successor Agency,
staff recommends the termination of the DDA and Related Agreements.
Should the Termination Agreement be approved by the Board of the Successor Agency, it would
also require the approval by the Oversight Board in order to be legally effective.
FISCAL IMPACT:
The approval of the accompanying Termination Agreement is not expected to have a fiscal
impact on the City.
ATTACHMENTS:
Resolution SA 18-02
Successor Agency -Termination of DDA and Related Agreements - Fun Properties
Legal Description_Fun Properties
3.B.2
Packet Pg. 104
24438.31000\31009442.1 1
STATE OF CALIFORNIA ) RESOLUTION SA 18-02
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE GOVERNING BOARD OF THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN JACINTO APPROVING
THE TERMINATION OF DISPOSITION AND
DEVELOPMENT AGREEMENT, AS AMENDED, DEED
COVENANTS AND PARKING LOT LEASE AND OPTION
AGREEMENT FOR PROPERTY GENERALLY
DESCRIBED AS 1635 SOUTH SAN JACINTO AVENUE
AND APPROVING A TERMINATION AGREEMENT TO
EFFECTUATE THE SAME
WHEREAS, Fun Properties LLC (“Redeveloper”) owns certain real
property in the City of San Jacinto, California (“Property”).
WHEREAS, the Property is more specifically described in Exhibit “A” to
the Termination Agreement attached to the staff report accompanying this Resol ution.
WHEREAS, the former Redevelopment Agency of the City of San Jacinto
(“Former RDA”) and Redeveloper entered into that certain Disposition and Development
Agreement, dated February 7, 1995, (the “DDA”) for the transfer of the Property and
construction by Redeveloper of an entertainment center, an indoor skating rink, an
outdoor skating rink, and a parking lot on the Property, and a loan from the RDA to
Redeveloper, in the sum of 327,484.00, for the project (“RDA Loan”).
WHEREAS, the Property was transferred to Redeveloper pursuant to a
form of deed provided for under the DDA which includes various redevelopment related
covenants regarding the use and operation of the Property including, but not limited to,
a covenant that the Property be used as a commercial retail/entertainment
establishment (“Deed Covenants”).
WHEREAS, the Former RDA and Redeveloper entered into an
Amendment No. 1 to the DDA, dated May 17, 2001, (“Amendment No. 1”) to change the
use of the Property from a skating rink to a gym, to p rovide for a parking lot lease and
option to purchase in favor of the RDA (“Parking Lot Lease Agreement”), and to make
changes to the RDA Loan terms under the DDA, including to reflect the original principal
amount and interest owed under the RDA Loan, tot aling $342,742.46.
WHEREAS, the RDA Loan has been fully repaid by Redeveloper, and the
Property is currently operated as the Powerhouse Gym.
3.B.2.a
Packet Pg. 105 Attachment: Resolution SA 18-02 (Resolution SA 18-02 of Successor Agency for Termination of Disposition and Development Agreement)
24438.31000\31009442.1 2
WHEREAS, as a result of the passage of Assembly Bill 1X 26 and AB
1484, and pursuant to Health and Safety Code Section 34173, the City of San Jacinto
elected to become the Successor Agency to the Former RDA (“Successor Agency”) and
now stands in the shoes of the Former RDA under the terms of the DDA, and related
agreements described above. The Successor Agency is a s eparate legal entity from the
City.
WHEREAS, the original purpose of the DDA, as amended, has been
satisfied, the Property has been developed and continues to operate as intended, the
site of the Property is zoned commercial, ensuring the continued operat ion of the
Property for commercial purposes, and the RDA Loan has been repaid in full.
WHEREAS, the City has never used the parking lot identified in the
Parking Lot Lease Agreement; the City and Successor Agency do not anticipate the
need for any future use of the parking lot for City purposes; and the Successor Agency
has no evidence that the Parking Lot Lease and Agreement was executed.
WHEREAS, the continued effect of the DDA and related agreements
described above serve no beneficial purpose to the Successor Agency or to the City.
WHEREAS, the Redeveloper desires to sell the Property, and the
potential purchaser has concerns with the continued existence of the DDA, as amended
by Amendment No. 1, the Parking Lot Lease Agreement, and the Deed Covenants
(“DDA and Related Agreements”).
WHEREAS, in order to promote the free transfer and beneficial use of
Property in the City, the Successor Agency desires to terminate the DDA and Related
Agreements.
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, BE IT RESOLVED, ordered, and determined by the
governing board of the Successor Agency to the San Jacinto Redevelopment Agency:
SECTION 1. Recitals. The Recitals set forth above are true and correct
and are incorporated into this Resolution by this reference.
SECTION 2. Termination of DDA and Related Agreements. The
Governing Board of the Successor Agency hereby adopts the findings set forth in the
Recitals, and agrees to terminate the DDA and Related Agreements pursuant to the
attached Termination of Agreements and Deed Covenants (“Termination Agreement”).
Contingent on approval of the Oversight Board of the Termination Agreement, the
Executive Director is authorized and directed to execute the Termin ation Agreement.
3.B.2.a
Packet Pg. 106 Attachment: Resolution SA 18-02 (Resolution SA 18-02 of Successor Agency for Termination of Disposition and Development Agreement)
24438.31000\31009442.1 3
SECTION 3. Further Acts. The Executive Director, or his designee, is
hereby authorized and directed to take any action necessary to carry out the purposes
of this Resolution and comply with applicable law.
SECTION 4. Severability. If any provision of this Resolution or the
application of any such provision to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of this Resolution that can be
given effect without the invalid provision or application, and to this end the provisions of
this Resolution are severable. The Successor Agency declares that the Successor
Agency would have adopted this Resolution irrespective of the invalidity of any
particular portion of this Resolution.
SECTION 5. Certification. The Secretary of the Board shall certify to the
adoption of this Resolution.
SECTION 6. Effective Date. This Resolution shall become effective
immediately upon its adoption.
MOVED, PASSED AND ADOPTED at a regular meeting of the
Successor Agency on May 1, 2018 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Governing Board of the Successor Agency to
the former San Jacinto Redevelopment Agency
_____________________________________
Crystal Ruiz, Chair of the Successor Agency
ATTEST:
______________________________
Angela Walton, Board Secretary
3.B.2.a
Packet Pg. 107 Attachment: Resolution SA 18-02 (Resolution SA 18-02 of Successor Agency for Termination of Disposition and Development Agreement)
24438.31000\31009442.1
EXHIBIT A
TERMINATION AGREEMENT
[Attached behind this page]
3.B.2.a
Packet Pg. 108 Attachment: Resolution SA 18-02 (Resolution SA 18-02 of Successor Agency for Termination of Disposition and Development Agreement)
-1-
24438.31000\31009582.1
TERMINATION OF AGREEMENTS AND DEED COVENANTS
THIS AGREEMENT is dated for reference purposes only as of May 1, 2018 by and
between the SUCCESSOR AGENCY TO THE CITY OF SAN JACINTO REDEVELOPMENT
AGENCY (“Successor Agency”) and FUN PROPERTIES, LLC, a California limited liability
company (“Redeveloper”).
R E C I T A L S
A. Redeveloper owns certain real property in the City of San Jacinto, California
generally described as 1635 South San Jacinto Avenue (“Property”).
B. The Property is more specifically described in Exhibit “A” attached to this
Agreement and incorporated herein by reference.
C. The former Redevelopment Agency of the City of San Jacinto (“Former RDA”)
and Redeveloper entered into that certain Disposition and Development Agreement, dated
February 7, 1995, (the “DDA”) for the transfer of the Property and construction by Redeveloper
of an entertainment center, an indoor skating rink, an outdoor skating rink, and a parking lot on
the Property, and a loan from the RDA to Redeveloper, in the sum of 327,484.00, for the project
(“RDA Loan”).
D. The Property was transferred to Redeveloper pursuant to a form of deed provided
for under the DDA which includes redevelopment related covenants including, but not limited to,
a covenant to operate the Property as a commercial retail/entertainment establishment (“Deed
Covenants”).
E. The Former RDA and Redeveloper entered into an Amendment No. 1 to the
DDA, dated May 17, 2001, (“Amendment No. 1”) to change the use of the Property from a
skating rink to a gym, to provide for a parking lot lease and option to purchase in favor of the
RDA (“Parking Lot Lease Agreement”), and to make changes to the RDA Loan terms under the
DDA, including to reflect the original principal amount and interest owed under the RDA Loan,
totaling $342,742.46.
F. As result of the passage of Assembly Bill 1X 26 and AB 1484, and pursuant to
Health and Safety Code Section 34173, the City of San Jacinto elected to become the Successor
Agency to the Former RDA (“Successor Agency”) and now stands in the shoes of the Former
RDA under the terms of the DDA, and related agreements described above. The Successor
Agency is a separate legal entity from the City.
G. The original purpose of the DDA, as amended, has been satisfied, the Property
has been developed and continues to operate as intended, the site of the Property is zoned
commercial, ensuring the continued operation of the Property for commercial purposes, and the
RDA Loan has been repaid in full.
3.B.2.b
Packet Pg. 109 Attachment: Successor Agency -Termination of DDA and Related Agreements - Fun Properties (Resolution SA 18-02 of Successor Agency for
-2-
24438.31000\31009582.1
H. The City has never used the parking lot identified in the Parking Lot Lease
Agreement; the City and Successor Agency do not anticipate the need for any future use of the
parking lot for City purposes; and the Successor Agency has no evidence that the Parking Lot
Lease Agreement was executed.
I. Redeveloper desires to sell the Property, and the existence of the DDA, as
amended by Amendment No. 1, the Deed Covenants and the Parking Lot Lease Agreement
(“DDA and Related Agreements”), has impeded the Redeveloper’s ability to freely sell and
transfer the Property.
J. Since the Successor Agency has determined that the DDA and Related
Agreements have no beneficial purpose for the City or the Successor Agency, the Successor
Agency desires to terminate the DDA and Related Agreements.
NOW, THEREFORE, in consideration of the agreements of the parties herein contained,
and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
A G R E E M E N T
1. Termination of DDA and Related Agreements. Successor Agency and
Redeveloper hereby acknowledge and agree that to the extent the DDA and Related Agreements
have any effect, the DDA and Related Agreements are hereby terminated and of no further force
or effect whatsoever.
2. Effective Date. This Agreement shall be effective on the date that this Agreement
is approved by Successor Agency Board, the Oversight Board of the City of San Jacinto, and is
executed by the parties.
3. Further Acts. The parties shall take any other further acts necessary to carry out
the purposes of this Agreement.
4. Counterparts. This Agreement may be executed in any number of counterparts, all
of which taken together shall constitute one agreement.
SIGNATURES ON FOLLOWING PAGES
3.B.2.b
Packet Pg. 110 Attachment: Successor Agency -Termination of DDA and Related Agreements - Fun Properties (Resolution SA 18-02 of Successor Agency for
-3-
24438.31000\31009582.1
SIGNATURE PAGE
TO
TERMINATION OF AGREEMENTS AND USE COVENANT
REDEVELOPER
Fun Properties, LLC
Date: ______________
By:
Its: _______________________________
SUCCESSOR AGENCY TO THE CITY
OF SAN JACINTO REDEVELOPMENT
AGENCY
Date: ________________
By:
Robert A. Johnson, Executive Director
ATTEST:
APPROVED AS TO FORM:
Angela Walton, Board Secretary
By:
Best Best & Krieger LLP
Counsel to Successor Agency
3.B.2.b
Packet Pg. 111 Attachment: Successor Agency -Termination of DDA and Related Agreements - Fun Properties (Resolution SA 18-02 of Successor Agency for
Exhibit A
24438.31000\31009582.1
EXHIBIT A
Legal Description of the Property
[attached behind this page]
3.B.2.b
Packet Pg. 112 Attachment: Successor Agency -Termination of DDA and Related Agreements - Fun Properties (Resolution SA 18-02 of Successor Agency for
3.B.2.cPacket Pg. 113Attachment: Legal Description_Fun Properties (Resolution SA 18-02 of Successor Agency for Termination of Disposition and Development
3.B.2.cPacket Pg. 114Attachment: Legal Description_Fun Properties (Resolution SA 18-02 of Successor Agency for Termination of Disposition and Development
May 1, 2018
TO: City Council
REQUESTED BY: Sharon Paisley, Development Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Resolution SA 18-03 of the Successor Agency to the San Jacinto
Redevelopment Agency
RECOMMENDATION:
Staff recommends that the Successor Agency approve and adopt the attached Resolution No. SA
18-03.
DISCUSSION:
501 S. San Jacinto Avenue, specifically Identified as Assessor Parcel Nos. 437-076-001 and 437-
076-002, (“Property”) are vested to the Redevelopment Agency of the City of San Jacinto
(“RDA”). As stated in the City’s Long Range Property Management Plan (“LRPMP”), the
Property was acquired by the RDA for the creation of a Civic Center. The intent was to expand
the Police Department into the adjacent Community Center, and relocate the Community Center
next to City Hall. In addition, it was envisioned that the new property would accommodate a
library and parking facilities. In order to dispose of the Property in accordance with the LRPMP,
the Successor Agency should transfer the Property to the City. The City plans to maintain this
Property to be used as a municipal parking lot for the Library Upgrade Project, which is part of
the envisioned Civic Center. The City is currently making headway in obtaining the remaining
properties necessary to commence construction of the Library Upgrade Project.
Pursuant to Health and Safety Code Section 34172, the San Jacinto Redevelopment Agency was
dissolved as of February 1, 2012. The City of San Jacinto is the successor agenc y of the
Redevelopment Agency, and pursuant to Health and Safety Code Section 34173(g), the
Successor Agency is now a separate legal entity from the City. The Oversight Board is
responsible for approving or directing the actions of the Successor Agency pursuant to Health
and Safety Code Section 34179 and 34181. In December 2015, the California Department of
Finance (“DOF”) approved the Successor Agency’s Long Range Property Management Plan
(“LRPMP”).
FISCAL IMPACT:
No funds are involved with the approval and direction of the Successor Agency to transfer the
Property to the City.
ATTACHMENTS:
Resolution SA 18-03
Quit Claim (APNs 437-076-001, -002) from Successor Agency to City
3.B.3
Packet Pg. 115
24438.31000\30997049.1
STATE OF CALIFORNIA ) RESOLUTION SA 18-03
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE GOVERNING BOARD OF THE
SUCCESSOR AGENCY TO THE SAN JACINTO
REDEVELOPMENT AGENCY APPROVING A
QUITCLAIM DEED CONVEYING 501 S. SAN JACINTO
AVENUE, SPECIFICALLY IDENTIFIED AS ASSESSOR
PARCEL NOS. 437-076-001 AND 437-076-002 FROM
THE SUCCESSOR AGENCY TO THE CITY OF SAN
JACINTO AS AUTHORIZED BY THE LONG RANGE
PROPERTY MANAGEMENT PLAN APPROVED BY THE
CALIFORNIA DEPARTMENT OF FINANCE IN
DECEMBER 2015
WHEREAS, pursuant to Health and Safety Code Section 34173(d), the
City of San Jacinto elected to become the successor agency (“Successor Agency”) to
the dissolved San Jacinto Redevelopment Agency (“Redevelopment Agency”), and
pursuant to Health and Safety Code Section 34173(g), the Successor Agency is now a
separate legal entity from the City; and
WHEREAS, the Successor Agency owns that certain real property
located at 501 S. San Jacinto Avenue, Specifically Identified as Assessor Parcel Nos.
437-076-001 and 437-076-002, in the City of San Jacinto, California (“Property”); and
WHEREAS, the Successor Agency prepared and the Department of
Finance (“DOF”) approved a single property Long Range Property Management Plan
that allows for the Property to be transferred to the City for governmental use for the
creation of a Civic Center and Library; and
WHEREAS, the City will use the property as a municipal parking lot to
serve the upgraded Library in accordance with the Long Range Property Management
Plan; and
WHEREAS, Pursuant to Health and Safety Code section 34181.2,
property that is used for a parking lot that generates no more revenue than reasonably
necessary for maintenance may be conveyed to the City as a governmental use
property; and
WHEREAS, the Successor Agency desires to convey the Property to the
City, and the City desires to accept such conveyance of the Propert y for purposes of
ensuring that the Property be used as a municipal parking lot to serve the upgraded
Library.
3.B.3.a
Packet Pg. 116 Attachment: Resolution SA 18-03 (Resolution SA 18-03 of the Successor Agency to the San Jacinto Redevelopment Agency)
24438.31000\30997049.1
NOW, THEREFORE, BE IT RESOLVED, ordered, and determined by the
Governing Board of the Successor Agency to the San Jacinto Redevelopment Agency,
as follows:
SECTION 1. Recitals. The Recitals set forth above are true and correct
and are incorporated into this Resolution by this reference.
SECTION 2. CEQA Compliance. Pursuant to California Environmental
Quality Act (Pub. Resources Code, §§ 21000 et seq.) (“CEQA”) and the State and local
CEQA Guidelines, the Governing Board of the Successor Agency determines that t he
approval of the Property Management Plan through this Resolution does not commit the
Successor Agency to any action that may have a significant effect on the environment.
As a result, such action does not constitute a project subject to the requirements of the
California Environmental Quality Act. The City Clerk, acting on behalf of the Successor
Agency, is authorized and directed to file a Notice of Exemption with the appropriate
official of the County of Riverside, California, within five (5) days following t he date of
adoption of this Resolution.
SECTION 3. Transfer of Properties to the City. The Successor Agency
hereby directs and approves the transfer of ownership to the City of the Properties,
constituting properties of the dissolved Redevelopment Agency that were constructed or
used for a governmental purpose, pursuant to Health and Safety Code Sections 34177
and 34181.
SECTION 4. Consistent with LRPMP. The Successor Agency hereby
finds that the disposition of the Property pursuant to the Agreement i s consistent with
and is for the purpose of implementing the Long Range Property Management Plan
previously approved by DOF for the Property.
SECTION 5. Further Acts. Pursuant to Health and Safety Code Section
34180(j), the staff of the Successor Agen cy is hereby authorized and directed to take
any action necessary to carry out the purposes of this Resolution and comply with
applicable law regarding the Property Management Plan, including without limitation
submittal of the Property Management Plan to the DOF for approval, and posting the
approved Property Management Plan on the Successor Agency’s website.
SECTION 6. Severability. If any provision of this Resolution or the
application of any such provision to any person or circumstance is held invali d, such
invalidity shall not affect other provisions or applications of this Resolution that can be
given effect without the invalid provision or application, and to this end the provisions of
this Resolution are severable. The Oversight Board declares that it would have adopted
this Resolution irrespective of the invalidity of any particular portion of this Resolution.
SECTION 7. Certification. The Secretary to the Successor Agency shall
certify to the adoption of this Resolution.
3.B.3.a
Packet Pg. 117 Attachment: Resolution SA 18-03 (Resolution SA 18-03 of the Successor Agency to the San Jacinto Redevelopment Agency)
24438.31000\30997049.1
MOVED, PASSED AND ADOPTED at a regular meeting of the
Governing Board of the Successor Agency to the dissolved San Jacinto Redevelopment
Agency, on the _______ day of _____________, 2018, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Governing Board of the Successor Agency to
the former San Jacinto Redevelopment Agency
_____________________________________
Crystal Ruiz, Chair of the Successor Agency
ATTEST:
__________________________
Angela Walton, Board Secretary
3.B.3.a
Packet Pg. 118 Attachment: Resolution SA 18-03 (Resolution SA 18-03 of the Successor Agency to the San Jacinto Redevelopment Agency)
24438.31000\30996743.1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of San Jacinto
595 S. San Jacinto Ave., Building A
San Jacinto, CA 92583
Attention: City Clerk
APN: 437-076-001 and 002-9
SPACE ABOVE THIS LINE FOR RECORDER'S USE
EXEMPT FROM RECORDING FEES – GOVERNMENT
CODE SECTION 27383
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN JACINTO, a California public agency,
does hereby remise, release and forever quitclaim to
CITY OF SAN JACINTO, a California municipal corporation,
all right, title and interest of Transferor in that certain real property in the City of San Jacinto,
County of Riverside, State of California, specifically described in Exhibit “A” attached to this
Quitclaim Deed (“Property”) and made a part of this Quitclaim Deed by this reference.
Dated:_____________________________ CITY OF SAN JACINTO,
a California municipal corporation
By:_____________________________
Robert A. Johnson
City Manager
ATTEST:
By: ____________________________
Angela Walton, City Clerk
3.B.3.b
Packet Pg. 119 Attachment: Quit Claim (APNs 437-076-001, -002) from Successor Agency to City (Resolution SA 18-03 of the Successor Agency to the San
24438.31000\30996743.1
Exhibit “A”
To
City of San Jacinto
Quitclaim Deed
Property Legal Description
REAL PROPERTY IN THE CITY OF SAN JACINTO, RIVERSIDE COUNTY, CALIFORNIA DESCRIBED AS:
LOTS 1, 2, 3, 4 AND 5 IN BLOCK 21 OF THE TOWN OF SAN JACINTO, AS SHOWN BY MAP ON FILE IN
BOOK 7 PAGE 329 OF MAPS, RECORDS OF SAN DIEGO, CALIFORNIA.
[APN’S 437-076-001-8 AND 437-076-002-9]
3.B.3.b
Packet Pg. 120 Attachment: Quit Claim (APNs 437-076-001, -002) from Successor Agency to City (Resolution SA 18-03 of the Successor Agency to the San
24438.31000\30996743.1
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the above Quitclaim Deed from
the SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
JACINTO, a California public agency, to the CITY OF SAN JACINTO, a California municipal
corporation, is hereby accepted by the undersigned officer on behalf of the City of San Jacinto
and the City of San Jacinto consents to recordation of such Quitclaim Deed in the official records
of the County of Riverside, California.
City of San Jacinto, a California municipal corporation
By: ____________________________________
Robert A. Johnson
City Manager
ATTEST:
By: ____________________________________
Angela Walton, City Clerk
3.B.3.b
Packet Pg. 121 Attachment: Quit Claim (APNs 437-076-001, -002) from Successor Agency to City (Resolution SA 18-03 of the Successor Agency to the San
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF )
On ____________________, 2018 ,
before me, ,
personally appeared ,
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General
Attorney-In-Fact Number Of Pages
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
3.B.3.b
Packet Pg. 122 Attachment: Quit Claim (APNs 437-076-001, -002) from Successor Agency to City (Resolution SA 18-03 of the Successor Agency to the San
May 1, 2018
TO: City Council
REQUESTED BY: Sharon Paisley, Development Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Resolution SA 18-04 of the Successor Agency to the San Jacinto
Redevelopment Agency
RECOMMENDATION:
Staff recommends that the Successor Agency, by motion, approve and adopt the attached
Resolution SA 18-04.
DISCUSSION:
Assessor Parcel Nos. 435-211-001, 435-211-002, 435-211-003, and 435-220-024, (“Property”)
are vested to the Successor Agency of the Redevelopment Agency o f the City of San Jacinto
(“RDA”). As stated in the City’s Long Range Property Management Plan (“LRPMP”), the
Property was acquired by the RDA on September 8, 2010 to eliminate blight and stimulate
commercial development. The Property consisted of 15 substandard units occupied by 10
households consisting of 26 individuals, all of whom were relocated. The Property is currently
vacant and is located adjacent to the San Jacinto Branch Line (railroad) and is the original home
site of the founder of San Jacinto. In order to dispose of the Property in accordance with the
LRPMP, the Successor Agency should transfer the Property to the City. The City plans to use
the Property as a train/multi-modal transportation facility. The site will be utilized for commuter
rail services provided by Metro link, as well as local and regional bus services provided by the
Riverside Transit Agency.
Pursuant to Health and Safety Code Section 34172, the San Jacinto Redevelopment Agency was
dissolved as of February 1, 2012. The City of San Jacinto is the successor agency of the
Redevelopment Agency, and pursuant to Health and Safety Code Section 34173(g), the
Successor Agency is now a separate legal entity from the City. The Oversight Board is
responsible for approving or directing the actions of the Successor Agency pursuant to Health
and Safety Code Section 34179 and 34181. In December 2015, the California Department of
Finance (“DOF”) approved the Successor Agency’s Long Range Property Management Plan
(“LRPMP”).
FISCAL IMPACT:
No funds are involved with the approval and direction of the Successor Agency to transfer the
Property to the City.
ATTACHMENTS:
Resolution SA 18-04
Quit Claim (APNs 435-211-001 002 003 435-220-024) from SA to City
3.B.4
Packet Pg. 123
STATE OF CALIFORNIA ) RESOLUTION SA 18-04
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE GOVERNING BOARD OF THE
SUCCESSOR AGENCY TO THE SAN JACINTO
REDEVELOPMENT AGENCY APPROVING A
QUITCLAIM DEED CONVEYING ASSESSOR PARCEL
NOS. 435-211-001, 435-211-002, 435-211-003, AND 435-
220-024 FROM THE SUCCESSOR AGENCY TO THE
CITY OF SAN JACINTO AS AUTHORIZED BY THE
LONG RANGE PROPERTY MANAGEMENT PLAN
APPROVED BY THE CALIFORNIA DEPARTMENT OF
FINANCE IN DECEMBER 2015
WHEREAS, pursuant to Health and Safety Code Section 34173(d), the
City of San Jacinto elected to become the successor agency (“Successor Agency”) to
the dissolved San Jacinto Redevelopment Agency (“Redevelopment Agency”), and
pursuant to Health and Safety Code Section 34173 (g), the Successor Agency is now a
separate legal entity from the City; and
WHEREAS, the Successor Agency owns that certain real property
Identified as Assessor Parcel Nos. 435-211-001, 425-211-002, 435-211-003, and
435-220-024, in the City of San Jacinto, California (“Property”); and
WHEREAS, the Successor Agency prepared and the Department of
Finance (“DOF”) approved a single property Long Range Property Management Plan
that allows for the Property to be transferred to the City for governmental use for the
creation of a train/multi-modal transportation facility; and
WHEREAS, Pursuant to Health and Safety Code section 34181.2,
property that is used for a parking lot that generates no more revenue than reasonably
necessary for maintenance may be conveyed to the City as a governmental use
property; and
WHEREAS, the Successor Agency desires to convey the Property to the
City, and the City desires to accept such conveyance of the Propert y for purposes of
ensuring that the Property be used as a train/multi-modal transportation facility.
NOW, THEREFORE, BE IT RESOLVED, ordered, and determined by the
Governing Board of the Successor Agency to the San Jacinto Redevelopment Agency,
as follows:
SECTION 1. Recitals. The Recitals set forth above are true and correct
and are incorporated into this Resolution by this reference.
3.B.4.a
Packet Pg. 124 Attachment: Resolution SA 18-04 (Resolution SA 18-04 of the Successor Agency to the San Jacinto Redevelopment Agency)
SECTION 2. CEQA Compliance. Pursuant to California Environmental
Quality Act (Pub. Resources Code, §§ 21000 et seq.) (“CEQA”) and the State and local
CEQA Guidelines, the Governing Board of the Successor Agency determines that the
approval of the Property Management Plan through this Resolution does not commit the
Successor Agency to any action that may have a significant effect on the environment.
As a result, such action does not constitute a project subject to the requirements of the
California Environmental Quality Act. The City Clerk, acting on behalf of the Successor
Agency, is authorized and directed to file a Notice of Exemption with the appropriate
official of the County of Riverside, California, within five (5) days following the date of
adoption of this Resolution.
SECTION 3. Transfer of Properties to the City. The Successor Agency
hereby directs and approves the transfer of ownership to the City of the Properties,
constituting properties of the dissolved Redevelopment Agency that were constructed or
used for a governmental purpose, pursuant to Health and Safety Code Sections 34177
and 34181.
SECTION 4. Consistent with LRPMP. The Successor Agency hereby
finds that the disposition of the Property pursuant to the Agreement is consistent with
and is for the purpose of implementing the Long Range Property Management Plan
previously approved by DOF for the Property.
SECTION 5. Further Acts. Pursuant to Health and Safety Code Section
34180(j), the staff of the Successor Agency is hereby authorized and directed to take
any action necessary to carry out the purposes of this Resolution and comply with
applicable law regarding the Property Management Plan, including without limitat ion
submittal of the Property Management Plan to the DOF for approval, and posting the
approved Property Management Plan on the Successor Agency’s website.
SECTION 6. Severability. If any provision of this Resolution or the
application of any such provision to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of this Resolution that can be
given effect without the invalid provision or application, and to this end the provisions of
this Resolution are severable. The Oversight Board declares that it would have adopted
this Resolution irrespective of the invalidity of any particular portion of this Resolution.
SECTION 7. Certification. The Secretary to the Successor Agency shall
certify to the adoption of this Resolution.
3.B.4.a
Packet Pg. 125 Attachment: Resolution SA 18-04 (Resolution SA 18-04 of the Successor Agency to the San Jacinto Redevelopment Agency)
MOVED, PASSED AND ADOPTED at a regular meeting of the
Governing Board of the Successor Agency to the dissolved San Jacinto Redevelopment
Agency, on the _______ day of _____________, 2018, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Governing Board of the Successor Agency to
the former San Jacinto Redevelopment Agency
_____________________________________
Crystal Ruiz, Chair of the Successor Agency
ATTEST:
_________________________
Angela Walton, Board Secretary
3.B.4.a
Packet Pg. 126 Attachment: Resolution SA 18-04 (Resolution SA 18-04 of the Successor Agency to the San Jacinto Redevelopment Agency)
24438.31000\30999387.1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of San Jacinto
595 S. San Jacinto Ave., Building A
San Jacinto, CA 92583
Attention: City Clerk
APN: 435-211-001, 435-211-002, 435-211-003, and
435-220-024
SPACE ABOVE THIS LINE FOR RECORDER'S USE
EXEMPT FROM RECORDING FEES – GOVERNMENT
CODE SECTION 27383
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN JACINTO, a California public agency,
does hereby remise, release and forever quitclaim to
CITY OF SAN JACINTO, a California municipal corporation,
all right, title and interest of Transferor in that certain real property in the City of San Jacinto,
County of Riverside, State of California, specifically described in Exhibit “A” attached to this
Quitclaim Deed (“Property”) and made a part of this Quitclaim Deed by this reference.
Dated:_____________________________ CITY OF SAN JACINTO,
a California municipal corporation
By:_____________________________
Robert A. Johnson
City Manager
ATTEST:
By: ____________________________
Angela Walton, City Clerk
3.B.4.b
Packet Pg. 127 Attachment: Quit Claim (APNs 435-211-001 002 003 435-220-024) from SA to City (Resolution SA 18-04 of the Successor Agency to the San
24438.31000\30999387.1
Exhibit “A”
To
City of San Jacinto
Quitclaim Deed
Property Legal Description
REAL PROPERTY IN THE CITY OF SAN JACINTO, RIVERSIDE COUNTY, CALIFORNIA DESCRIBED AS:
PARCEL 1:
LOTS 76 AND 77 OF ESTUDILLO LAND AND WATER COMPANY'S ADDITION TO SAN JACINTO, AS
SHOWN BY MAP ON FILE IN BOOK 9 PAGE 410 OF MAPS, SAN DIEGO COUNTY RECORDS.
TOGETHER WITH THAT PORTION OF VACATED ELEVENTH STREET VACATED APRIL 21, 1891 PER
BOOK 8 PAGE 292 MISCELLANEOUS RECORDS, SAN DIEGO COUNTY, THAT WOULD ATTACH BY
OPERATION OF LAW.
PARCEL 2:
THE NORTH HALF OF LOT 78 OF ESTUDILLO LAND AND WATER COMPANY'S ADDITION TO SAN
JACINTO, AS SHOWN BY MAP ON FILE IN BOOK 9 PAGE 410 OF MAPS, SAN DIEGO COUNTY
RECORDS,
PARCEL 3:
LOTS 70 AND 72 OF ESTUDILLO LAND AND WATER COMPANY'S ADDITION TO SAN JACINTO, AS
SHOWN BY MAP ON FILE IN BOOK 9 PAGE 410 OF MAPS, SAN DIEGO COUNTY RECORDS.
TOGETHER WITH THAT PORTION OF VACATED ELEVENTH STREET VACATED APRIL 21, 1891 PER
BOOK 8 PAGE 292 MISCELLANEOUS RECORDS, SAN DIEGO COUNTY, THAT WOULD ATTACH BY
OPERATION OF LAW,
EXCEPTING THEREFROM THOSE PORTIONS LYING NORTHERLY OF THE S OUTHERLY BOUNDARY
OF THE LAND CONVEYED TO L.O. LYNCH AND MAMIE L. LYNCH, HUSBAND AND WIFE, BY DEED
RECORDED JANUARY 5, 1960 AS INSTRUMENT NO. 435, OFFICIAL RECORDS OF RIVERSIDE
COUNTY, AND THE WESTERLY AND EASTERLY PROLONGATION THEREOF.
ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 70 CONVEYED TO THE RIVERSIDE COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT BY DEED RECORDED SEPTEMBER 14,
1987 AS INSTRUMENT NO. 265806, OFFICIAL RECORDS OF RIVERSIDE COUNTY,
APN: 435-211-001-1 (Affects Parcel 1); 435-211-002-2 (Affects Portion of Parcel 2); 435-211-003-3 (Affects
Parton of Parcel 2) and 435-220-024-0 (Affects Parcel 3)
3.B.4.b
Packet Pg. 128 Attachment: Quit Claim (APNs 435-211-001 002 003 435-220-024) from SA to City (Resolution SA 18-04 of the Successor Agency to the San
24438.31000\30999387.1
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the above Quitclaim Deed from
the SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
JACINTO, a California public agency, to the CITY OF SAN JACINTO, a California municipal
corporation, is hereby accepted by the undersigned officer on behalf of the City of San Jacinto
and the City of San Jacinto consents to recordation of such Quitclaim Deed in the official records
of the County of Riverside, California.
City of San Jacinto, a California municipal corporation
By: ____________________________________
Robert A. Johnson
City Manager
ATTEST:
By: ____________________________________
Angela Walton, City Clerk
3.B.4.b
Packet Pg. 129 Attachment: Quit Claim (APNs 435-211-001 002 003 435-220-024) from SA to City (Resolution SA 18-04 of the Successor Agency to the San
24438.31000\30999387.1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF )
On ____________________, 2018 ,
before me, ,
personally appeared ,
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person (s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General
Attorney-In-Fact Number Of Pages
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
3.B.4.b
Packet Pg. 130 Attachment: Quit Claim (APNs 435-211-001 002 003 435-220-024) from SA to City (Resolution SA 18-04 of the Successor Agency to the San
May 1, 2018
TO: City Council
REQUESTED BY: Sharon Paisley, Development Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Resolution SA 18-05 of the Successor Agency to the San Jacinto
Redevelopment Agency
RECOMMENDATION:
Staff recommends that the Successor Agency approve and adopt the attached Resolution SA 18-
05.
DISCUSSION:
Assessor Parcel No. 435-020-031 (“Property”) is vested to the Successor Agency of the
Redevelopment Agency of the City of San Jacinto (“RDA”). As stated in the City’s Long Range
Property Management Plan (“LRPMP”), the vacant one-acre Property was transferred from the
City to the RDA on August 2, 2002 for development purposes. Due to the lack of development
opportunities, the parcel remained vacant. The LRPMP’s disposition of the Property states that
the site should be transferred to the City as governmental purpose property to facilitate the
expansion of the Public Works Corporate Yard, which has reached capacity. Because the site is
in the immediate vicinity of the Corporate Yard, as well as the City-owned well site, the location
and adjacent City-owned parcels were identified for the expansion of the Corporate Yard and
related uses.
Pursuant to Health and Safety Code Section 34172, the San Jacinto Redevelopment Age ncy was
dissolved as of February 1, 2012. The City of San Jacinto is the successor agency of the
Redevelopment Agency, and pursuant to Health and Safety Code Section 34173(g), the
Successor Agency is now a separate legal entity from the City. The Oversight Board is
responsible for approving or directing the actions of the Successor Agency pursuant to Health
and Safety Code Section 34179 and 34181. In December 2015, the California Department of
Finance (“DOF”) approved the Successor Agency’s Long Range Property Management Plan
(“LRPMP”).
FISCAL IMPACT:
No funds are involved with the approval and direction of the Successor Agency to transfer the
Property to the City.
ATTACHMENTS:
Resolution SA 18-05
Quitclaim (APNs 435-020-031) from Successor Agency to City
3.B.5
Packet Pg. 131
STATE OF CALIFORNIA ) RESOLUTION SA 18-05
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE GOVERNING BOARD OF THE
SUCCESSOR AGENCY TO THE SAN JACINTO
REDEVELOPMENT AGENCY APPROVING A
QUITCLAIM DEED CONVEYING ASSESSOR PARCEL
NO. 435-020-031 FROM THE SUCCESSOR AGENCY TO
THE CITY OF SAN JACINTO AS AUTHORIZED BY THE
LONG RANGE PROPERTY MANAGEMENT PLAN
APPROVED BY THE CALIFORNIA DEPARTMENT OF
FINANCE IN DECEMBER 2015
WHEREAS, pursuant to Health and Safety Code Section 34173(d), the
City of San Jacinto elected to become the successor agency (“Successor Agency”) to
the dissolved San Jacinto Redevelopment Agency (“Redevelopment Agency”), and
pursuant to Health and Safety Code Section 34173(g), the Successor Agency is now a
separate legal entity from the City; and
WHEREAS, the Successor Agency owns that certain real property
Identified as Assessor Parcel No. 435-020-031 in the City of San Jacinto, California
(“Property”); and
WHEREAS, the Successor Agency prepared and the Department of
Finance (“DOF”) approved a single property Long Range Property Management Plan
that allows for the Property to be transferred to the City for governmental use to
facilitate the expansion of the Public Works Corporate Yard; and
WHEREAS, Pursuant to Health and Safety Code section 34181.2,
property that is used for a parking lot that generates no more revenue than reasonably
necessary for maintenance may be conveyed to the City as a governmental use
property; and
WHEREAS, the Successor Agency desires to convey the Property to the
City, and the City desires to accept such conveyance of the Propert y for purposes of
ensuring that the Property be used to facilitate the expansion of the Public Works
Corporate Yard.
NOW, THEREFORE, BE IT RESOLVED, ordered, and determined by the
Governing Board of the Successor Agency to the San Jacinto Redevelopment Agency,
as follows:
SECTION 1. Recitals. The Recitals set forth above are true and correct
and are incorporated into this Resolution by this reference.
3.B.5.a
Packet Pg. 132 Attachment: Resolution SA 18-05 (Resolution SA 18-05 of the Successor Agency to the San Jacinto Redevelopment Agency)
SECTION 2. CEQA Compliance. Pursuant to California Environmental
Quality Act (Pub. Resources Code, §§ 21000 et seq.) (“CEQA”) and the State and local
CEQA Guidelines, the Governing Board of the Successor Agency determines that t he
approval of the Property Management Plan through this Resolution does not commit the
Successor Agency to any action that may have a significant effect on the environment.
As a result, such action does not constitute a project subject to the requirements of the
California Environmental Quality Act. The City Clerk, acting on behalf of the Successor
Agency, is authorized and directed to file a Notice of Exemption with the appropriate
official of the County of Riverside, California, within five (5) days following the date of
adoption of this Resolution.
SECTION 3. Transfer of Properties to the City. The Successor Agency
hereby directs and approves the transfer of ownership to the City of the Properties,
constituting properties of the dissolved Redevelopment Agency that were constructed or
used for a governmental purpose, pursuant to Health and Safety Code Sections 34177
and 34181.
SECTION 4. Consistent with LRPMP. The Successor Agency hereby
finds that the disposition of the Property pursuant to the Agreement is consistent wit h
and is for the purpose of implementing the Long Range Property Management Plan
previously approved by DOF for the Property.
SECTION 5. Further Acts. Pursuant to Health and Safety Code Section
34180(j), the staff of the Successor Agency is hereby authorized and directed to take
any action necessary to carry out the purposes of this Resolution and comply with
applicable law regarding the Property Management Plan, including without limitation
submittal of the Property Management Plan to the DOF for appr oval, and posting the
approved Property Management Plan on the Successor Agency’s website.
SECTION 6. Severability. If any provision of this Resolution or the
application of any such provision to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of this Resolution that can be
given effect without the invalid provision or application, and to this end the provisions of
this Resolution are severable. The Oversight Board declares that it would have adopted
this Resolution irrespective of the invalidity of any particular portion of this Resolution.
SECTION 7. Certification. The Secretary to the Successor Agency shall
certify to the adoption of this Resolution.
3.B.5.a
Packet Pg. 133 Attachment: Resolution SA 18-05 (Resolution SA 18-05 of the Successor Agency to the San Jacinto Redevelopment Agency)
MOVED, PASSED AND ADOPTED at a regular meeting of the
Governing Board of the Successor Agency to the dissolved San Jacinto Redevelopment
Agency, on the _______ day of _____________, 2018, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Governing Board of the Successor Agency to
the former San Jacinto Redevelopment Agency
_____________________________________
Crystal Ruiz, Chair of the Successor Agency
ATTEST:
______________________________
Angela Walton, Board Secretary
3.B.5.a
Packet Pg. 134 Attachment: Resolution SA 18-05 (Resolution SA 18-05 of the Successor Agency to the San Jacinto Redevelopment Agency)
24438.31000\30999382.1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of San Jacinto
595 S. San Jacinto Ave., Building A
San Jacinto, CA 92583
Attention: City Clerk
APN: 435-020-031-8
SPACE ABOVE THIS LINE FOR RECORDER'S USE
EXEMPT FROM RECORDING FEES – GOVERNMENT
CODE SECTION 27383
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CITY OF SAN JACINTO, a California municipal corporation, AS SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO,
does hereby remise, release and forever quitclaim to
CITY OF SAN JACINTO, a California municipal corporation,
all right, title and interest of Transferor in that certain real property in the City of San Jacinto,
County of Riverside, State of California, specifically described in Exhibit “A” attached to this
Quitclaim Deed (“Property”) and made a part of this Quitclaim Deed by this reference.
Dated:_____________________________ CITY OF SAN JACINTO,
a California municipal corporation
By:_____________________________
Robert A. Johnson
City Manager
ATTEST:
By: ____________________________
Angela Walton, City Clerk
3.B.5.b
Packet Pg. 135 Attachment: Quitclaim (APNs 435-020-031) from Successor Agency to City (Resolution SA 18-05 of the Successor Agency to the San Jacinto
24438.31000\30999382.1
Exhibit “A”
To
City of San Jacinto
Quitclaim Deed
Property Legal Description
REAL PROPERTY IN THE CITY OF SAN JACINTO, RIVERSIDE COUNTY, CALIFORNIA DESCRIBED AS:
PARCEL 2, AS SHOWN BY PARCEL MAP NO. 30570, IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, ON FILE IN BOOK 202, PAGES 62 AND 63 OF PARCEL MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA.
[APN 435-020-031-8]
3.B.5.b
Packet Pg. 136 Attachment: Quitclaim (APNs 435-020-031) from Successor Agency to City (Resolution SA 18-05 of the Successor Agency to the San Jacinto
24438.31000\30999382.1
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the above Quitclaim Deed from
the CITY OF SAN JACINTO, a California municipal corporation, as SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, to the CITY OF
SAN JACINTO, a California municipal corporation, is hereby accepted by the undersigned
officer on behalf of the City of San Jacinto and the City of San Jacinto consents to recorda tion of
such Quitclaim Deed in the official records of the County of Riverside, California.
City of San Jacinto, a California municipal corporation
By: ____________________________________
Robert A. Johnson
City Manager
ATTEST:
By: ____________________________
Angela Walton, City Clerk
3.B.5.b
Packet Pg. 137 Attachment: Quitclaim (APNs 435-020-031) from Successor Agency to City (Resolution SA 18-05 of the Successor Agency to the San Jacinto
24438.31000\30999382.1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that doc ument.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF )
On ____________________, 2018 ,
before me, ,
personally appeared ,
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General
Attorney-In-Fact Number Of Pages
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
3.B.5.b
Packet Pg. 138 Attachment: Quitclaim (APNs 435-020-031) from Successor Agency to City (Resolution SA 18-05 of the Successor Agency to the San Jacinto
May 1, 2018
TO: City Council
REQUESTED BY: Sharon Paisley, Development Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Resolution SA 18-06 of the Successor Agency to the San Jacinto
Redevelopment Agency
RECOMMENDATION:
Staff recommends that the Successor Agency, by motion, approve and adopt the attached
Resolution SA 18-06.
BACKGROUND:
Assessor Parcel No. 435-020-031 (“Property”) is vested to the Successor Agency of the
Redevelopment Agency of the City of San Jacinto (“RDA”). As stated in the City’s Long Range
Property Management Plan (“LRPMP”), the vacant one-acre Property was transferred from the
City to the RDA on August 2, 2002 for development purposes. Due to the lack of development
opportunities the parcel remained vacant. The LRPMP’s disposition of the Property states that
the site should be transferred to the City as governmental purpose property to facilitate the
expansion of the Public Works Corporate Yard which has reached capacity. Because the site is
in the immediate vicinity of the Corporate Yard, as well as the City-owned well site, the location
and adjacent City-owned parcels were identified for the expansion of the Corporate Yard and
related uses.
Pursuant to Health and Safety Code Section 34172, the San Jacinto Redevel opment Agency was
dissolved as of February 1, 2012. The City of San Jacinto is the successor agency of the
Redevelopment Agency, and pursuant to Health and Safety Code Section 34173(g), the
Successor Agency is now a separate legal entity from the City. The Oversight Board is
responsible for approving or directing the actions of the Successor Agency pursuant to Health
and Safety Code Section 34179 and 34181. In December 2015, the California Department of
Finance (“DOF”) approved the Successor Agency’s Long Range Property Management Plan
(“LRPMP”).
FISCAL IMPACT:
No funds are involved with the approval and direction of the Successor Agency to transfer the
Property to the City.
ATTACHMENTS:
Resolution SA 18-06
Quitclaim (APNs 435-020-031) from Successor Agency to City
3.B.6
Packet Pg. 139
STATE OF CALIFORNIA ) RESOLUTION SA 18-06
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE GOVERNING BOARD OF THE
SUCCESSOR AGENCY TO THE SAN JACINTO
REDEVELOPMENT AGENCY APPROVING A
QUITCLAIM DEED CONVEYING ASSESSOR PARCEL
NO. 435-020-031 FROM THE SUCCESSOR AGENCY TO
THE CITY OF SAN JACINTO AS AUTHORIZED BY THE
LONG RANGE PROPERTY MANAGEMENT PLAN
APPROVED BY THE CALIFORNIA DEPARTMENT OF
FINANCE IN DECEMBER 2015
WHEREAS, pursuant to Health and Safety Code Section 34173(d), the
City of San Jacinto elected to become the successor agency (“Successor Agency”) to
the dissolved San Jacinto Redevelopment Agency (“Redevelopment Agency”), and
pursuant to Health and Safety Code Section 34173(g), the Successor Agency is now a
separate legal entity from the City; and
WHEREAS, the Successor Agency owns that certain real property
Identified as Assessor Parcel No. 435-020-031 in the City of San Jacinto, California
(“Property”); and
WHEREAS, the Successor Agency prepared and the Department of
Finance (“DOF”) approved a single property Long Range Property Management Plan
that allows for the Property to be transferred to the City for governmental use to
facilitate the expansion of the Public Works Corporate Yard; and
WHEREAS, Pursuant to Health and Safety Code section 34181.2,
property that is used for a parking lot that generates no more revenue than reasonably
necessary for maintenance may be conveyed to the City as a governmental use
property; and
WHEREAS, the Successor Agency desires to convey the Property to the
City, and the City desires to accept such conveyance of the Propert y for purposes of
ensuring that the Property be used to facilitate the expansion of the Public Works
Corporate Yard.
NOW, THEREFORE, BE IT RESOLVED, ordered, and determined by the
Governing Board of the Successor Agency to the San Jacinto Redevelopment Agency,
as follows:
SECTION 1. Recitals. The Recitals set forth above are true and correct
and are incorporated into this Resolution by this reference.
3.B.6.a
Packet Pg. 140 Attachment: Resolution SA 18-06 (Resolution SA 18-06 of the Successor Agency to the San Jacinto Redevelopment Agency)
SECTION 2. CEQA Compliance. Pursuant to California Environmental
Quality Act (Pub. Resources Code, §§ 21000 et seq.) (“CEQA”) and the State and local
CEQA Guidelines, the Governing Board of the Successor Agency determines that t he
approval of the Property Management Plan through this Resolution does not commit the
Successor Agency to any action that may have a significant effect on the environment.
As a result, such action does not constitute a project subject to the requirements of the
California Environmental Quality Act. The City Clerk, acting on behalf of the Successor
Agency, is authorized and directed to file a Notice of Exemption with the appropriate
official of the County of Riverside, California, within five (5) days following the date of
adoption of this Resolution.
SECTION 3. Transfer of Properties to the City. The Successor Agency
hereby directs and approves the transfer of ownership to the City of the Properties,
constituting properties of the dissolved Redevelopment Agency that were constructed or
used for a governmental purpose, pursuant to Health and Safety Code Sections 34177
and 34181.
SECTION 4. Consistent with LRPMP. The Successor Agency hereby
finds that the disposition of the Property pursuant to the Agreement is consistent with
and is for the purpose of implementing the Long Range Property Management Plan
previously approved by DOF for the Property.
SECTION 5. Further Acts. Pursuant to Health and Safety Code Section
34180(j), the staff of the Successor Agency is hereby authorized an d directed to take
any action necessary to carry out the purposes of this Resolution and comply with
applicable law regarding the Property Management Plan, including without limitation
submittal of the Property Management Plan to the DOF for approval, and posting the
approved Property Management Plan on the Successor Agency’s website.
SECTION 6. Severability. If any provision of this Resolution or the
application of any such provision to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of this Resolution that can be
given effect without the invalid provision or application, and to this end the provisions of
this Resolution are severable. The Oversight Board declares that it would have adopted
this Resolution irrespective of the invalidity of any particular portion of this Resolution.
SECTION 7. Certification. The Secretary to the Successor Agency shall
certify to the adoption of this Resolution.
3.B.6.a
Packet Pg. 141 Attachment: Resolution SA 18-06 (Resolution SA 18-06 of the Successor Agency to the San Jacinto Redevelopment Agency)
MOVED, PASSED AND ADOPTED at a regular meeting of the
Governing Board of the Successor Agency to the dissolved San Jacinto Redevelopment
Agency, on the _______ day of _____________, 2018, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Governing Board of the Successor Agency to
the former San Jacinto Redevelopment Agency
_____________________________________
Crystal Ruiz, Chair of the Successor Agency
ATTEST:
______________________________
Angela Walton, Board Secretary
3.B.6.a
Packet Pg. 142 Attachment: Resolution SA 18-06 (Resolution SA 18-06 of the Successor Agency to the San Jacinto Redevelopment Agency)
24438.31000\30999382.1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of San Jacinto
595 S. San Jacinto Ave., Building A
San Jacinto, CA 92583
Attention: City Clerk
APN: 435-020-031-8
SPACE ABOVE THIS LINE FOR RECORDER'S USE
EXEMPT FROM RECORDING FEES – GOVERNMENT
CODE SECTION 27383
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CITY OF SAN JACINTO, a California municipal corporation, AS SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO,
does hereby remise, release and forever quitclaim to
CITY OF SAN JACINTO, a California municipal corporation,
all right, title and interest of Transferor in that certain real property in the City of San Jacinto,
County of Riverside, State of California, specifically described in Exhibit “A” attached to this
Quitclaim Deed (“Property”) and made a part of this Quitclaim Deed by this reference.
Dated:_____________________________ CITY OF SAN JACINTO,
a California municipal corporation
By:_____________________________
Robert A. Johnson
City Manager
ATTEST:
By: ____________________________
Angela Walton, City Clerk
3.B.6.b
Packet Pg. 143 Attachment: Quitclaim (APNs 435-020-031) from Successor Agency to City (Resolution SA 18-06 of the Successor Agency to the San Jacinto
24438.31000\30999382.1
Exhibit “A”
To
City of San Jacinto
Quitclaim Deed
Property Legal Description
REAL PROPERTY IN THE CITY OF SAN JACINTO, RIVERSIDE COUNTY, CALIFORNIA DESCRIBED AS:
PARCEL 2, AS SHOWN BY PARCEL MAP NO. 30570, IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, ON FILE IN BOOK 202, PAGES 62 AND 63 OF PARCEL MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA.
[APN 435-020-031-8]
3.B.6.b
Packet Pg. 144 Attachment: Quitclaim (APNs 435-020-031) from Successor Agency to City (Resolution SA 18-06 of the Successor Agency to the San Jacinto
24438.31000\30999382.1
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the above Quitclaim Deed from
the CITY OF SAN JACINTO, a California municipal corporation, as SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, to the CITY OF
SAN JACINTO, a California municipal corporation, is hereby accepted by the undersigned
officer on behalf of the City of San Jacinto and the City of San Jacinto consents to recorda tion of
such Quitclaim Deed in the official records of the County of Riverside, California.
City of San Jacinto, a California municipal corporation
By: ____________________________________
Robert A. Johnson
City Manager
ATTEST:
By: ____________________________
Angela Walton, City Clerk
3.B.6.b
Packet Pg. 145 Attachment: Quitclaim (APNs 435-020-031) from Successor Agency to City (Resolution SA 18-06 of the Successor Agency to the San Jacinto
24438.31000\30999382.1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that doc ument.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF )
On ____________________, 2018 ,
before me, ,
personally appeared ,
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General
Attorney-In-Fact Number Of Pages
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
3.B.6.b
Packet Pg. 146 Attachment: Quitclaim (APNs 435-020-031) from Successor Agency to City (Resolution SA 18-06 of the Successor Agency to the San Jacinto
May 1, 2018
TO: City Council
REQUESTED BY: Angela Walton, City Clerk
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Resolution SA 18-07 of the Successor Agency to the San Jacinto
Redevelopment Agency
RECOMMENDATION:
Staff recommends that the Successor Agency approve and adopt attached Resolution SA 18-07.
BACKGROUND:
201 E. Main Street, specifically Identified as Assessor Parcel No. 437-045-020-9 (“Property”) is
vested to the City of San Jacinto as Successor Agency to the Redevelopment Agency of the City
of San Jacinto (“RDA”). As stated in the City’s Long Range Property Management Plan
(“LRPMP”), the Property was originally acquired by the City on October 1, 1977 and utilized as
a portion of City Hall. The building was deemed structurally unsound by the Building Official in
2007 and demolished in 2009. The Property was transferred to the RDA on April 16, 2009 for
development purposes. Due to the lack of development opportunities the parcel was converted
into a park in 2010. The LRPMP’s disposition of the Property states that the site should be
transferred to the City as governmental purpose property and the City shall continue to use the
Property as a downtown pocket park.
Pursuant to Health and Safety Code Section 34172, the San Jacinto Redevelopment Agency was
dissolved as of February 1, 2012. The City of San Jacinto is the successor agency of the
Redevelopment Agency, and pursuant to Health and Safety Code Section 34173(g), the
Successor Agency is now a separate legal entity from the City. The Oversight Board is
responsible for approving or directing the actions of the Successor Agency pursuant to Health
and Safety Code Section 34179 and 34181. In December 2015, the California Department of
Finance (“DOF”) approved the Successor Agency’s Long Range Property Management Plan
(“LRPMP”).
FISCAL IMPACT
No funds are involved with the approval and direction of the Successor Agency to transfer the
Property to the City.
ATTACHMENTS:
Resolution SA 18-07
Quitclaim (APNs 437-045-020) from Successor Agency to City
3.B.7
Packet Pg. 147
1
STATE OF CALIFORNIA ) RESOLUTION SA 18-07
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE GOVERNING BOARD OF THE
SUCCESSOR AGENCY TO THE SAN JACINTO
REDEVELOPMENT AGENCY APPROVING A
QUITCLAIM DEED CONVEYING 201 E. MAIN STREET,
SPECIFICALLY IDENTIFIED AS ASSESSOR PARCEL
NO. 437-045-020 FROM THE SUCCESSOR AGENCY TO
THE CITY OF SAN JACINTO AS AUTHORIZED BY THE
LONG RANGE PROPERTY MANAGEMENT PLAN
APPROVED BY THE CALIFORNIA DEPARTMENT OF
FINANCE IN DECEMBER 2015
WHEREAS, pursuant to Health and Safety Code Section 34173(d), the
City of San Jacinto elected to become the successor agency (“Successor Agency”) to
the dissolved San Jacinto Redevelopment Agency (“Redevelopment Agency”), and
pursuant to Health and Safety Code Section 34173(g), the Successor Agency is now a
separate legal entity from the City; and
WHEREAS, the Successor Agency owns that certain real property
located at 201 E. Main Street, Specifically Identified as Assessor Parcel No.
437-040-020, in the City of San Jacinto, California (“Property”); and
WHEREAS, the Successor Agency prepared and the Department of
Finance (“DOF”) approved a single property Long Range Property Management Plan
that allows for the Property to be transferred to the City for the continued governmental
use as a pocket park; and
WHEREAS, the City will continue to use the property as a municipal a
pocket park in accordance with the Long Range Property Management Plan ; and
WHEREAS, the Successor Agency desires to convey the Property to the
City, and the City desires to accept such conveyance of the Prope rty for purposes of
ensuring that the Property be used as a pocket park.
NOW, THEREFORE, BE IT RESOLVED, ordered, and determined by the
Governing Board of the Successor Agency to the San Jacinto Redevelopment Agency,
as follows:
SECTION 1. Recitals. The Recitals set forth above are true and correct
and are incorporated into this Resolution by this reference.
3.B.7.a
Packet Pg. 148 Attachment: Resolution SA 18-07 (Resolution SA 18-07 of the Successor Agency to the San Jacinto Redevelopment Agency)
2
SECTION 2. CEQA Compliance. Pursuant to California Environmental
Quality Act (Pub. Resources Code, §§ 21000 et seq.) (“CEQA”) and the State and local
CEQA Guidelines, the Governing Board of the Successor Agency determines that t he
approval of the Property Management Plan through this Resolution does not commit the
Successor Agency to any action that may have a significant effect on the environment.
As a result, such action does not constitute a project subject to the requirements of the
California Environmental Quality Act. The City Clerk, acting on behalf of the Successor
Agency, is authorized and directed to file a Notice of Exemption with the appropriate
official of the County of Riverside, California, within five (5) days following the date of
adoption of this Resolution.
SECTION 3. Transfer of Properties to the City. The Oversight Board
hereby directs and approves the transfer of ownership to the City of the Properties,
constituting properties of the dissolved Redevelopment Agency that were constructed or
used for a governmental purpose, pursuant to Health and Safety Code Sections 34177
and 34181.
SECTION 4. Consistent with LRPMP. The Oversight Board hereby finds
that the disposition of the Property pursuant to the Agreement is consistent with and is
for the purpose of implementing the Long Range Property Management Plan previous ly
approved by DOF for the Property.
SECTION 5. Further Acts. Pursuant to Health and Safety Code Section
34180(j), the staff of the Successor Agency is hereby authorized and directed to take
any action necessary to carry out the purposes of this Resol ution and comply with
applicable law regarding the Property Management Plan, including without limitation
submittal of the Property Management Plan to the DOF for approval, and posting the
approved Property Management Plan on the Successor Agency’s website.
SECTION 6. Severability. If any provision of this Resolution or the
application of any such provision to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of this Resolution that can be
given effect without the invalid provision or application, and to this end the provisions of
this Resolution are severable. The Oversight Board declares that it would have adopted
this Resolution irrespective of the invalidity of any particular portion of this Resolution.
SECTION 7. Certification. The Secretary to the Successor Agency shall
certify to the adoption of this Resolution.
3.B.7.a
Packet Pg. 149 Attachment: Resolution SA 18-07 (Resolution SA 18-07 of the Successor Agency to the San Jacinto Redevelopment Agency)
3
MOVED, PASSED AND ADOPTED at a regular meeting of the
Governing Board of the Successor Agency to the dissolved San Jacin to Redevelopment
Agency, on the _______ day of _____________, 2018, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Governing Board of the Successor Agency to
the former San Jacinto Redevelopment Agency
_____________________________________
Crystal Ruiz, Chair of the Successor Agency
ATTEST:
__________________________
Angela Walton, Board Secretary
3.B.7.a
Packet Pg. 150 Attachment: Resolution SA 18-07 (Resolution SA 18-07 of the Successor Agency to the San Jacinto Redevelopment Agency)
EXHIBIT A
LONG-RANGE PROPERTY MANAGEMENT PLAN
[Attached behind this page]
3.B.7.a
Packet Pg. 151 Attachment: Resolution SA 18-07 (Resolution SA 18-07 of the Successor Agency to the San Jacinto Redevelopment Agency)
24438.31000\30999382.1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of San Jacinto
595 S. San Jacinto Ave., Building A
San Jacinto, CA 92583
Attention: City Clerk
APN: 437-045-020-9
SPACE ABOVE THIS LINE FOR RECORDER'S USE
EXEMPT FROM RECORDING FEES – GOVERNMENT
CODE SECTION 27383
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CITY OF SAN JACINTO, a California municipal corporation, AS SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO,
does hereby remise, release and forever quitclaim to
CITY OF SAN JACINTO, a California municipal corporation,
all right, title and interest of Transferor in that certain real property in the City of San Jacinto,
County of Riverside, State of California, specifically described in Exhibit “A” attached to this
Quitclaim Deed (“Property”) and made a part of this Quitclaim Deed by this reference.
Dated:_____________________________ CITY OF SAN JACINTO,
a California municipal corporation
By:_____________________________
Robert A. Johnson
City Manager
ATTEST:
By: ____________________________
Angela Walton, City Clerk
3.B.7.b
Packet Pg. 152 Attachment: Quitclaim (APNs 437-045-020) from Successor Agency to City (Resolution SA 18-07 of the Successor Agency to the San Jacinto
24438.31000\30999382.1
Exhibit “A”
To
City of San Jacinto
Quitclaim Deed
Property Legal Description
REAL PROPERTY IN THE CITY OF SAN JACINTO, RIVERSIDE COUNTY, CALIFORNIA DESCRIBED AS:
LOT 6 IN BLOCK 10 OF THE TOWN OF SAN JACINTO, IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 7, PAGE 329 OF MAPS, RECORDS OF SAN
COUNTY, CALIFORNIA.
APN: 437 -045-020-9
3.B.7.b
Packet Pg. 153 Attachment: Quitclaim (APNs 437-045-020) from Successor Agency to City (Resolution SA 18-07 of the Successor Agency to the San Jacinto
24438.31000\30999382.1
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the above Quitclaim Deed from
the CITY OF SAN JACINTO, a California municipal corporation, as SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, to the CITY OF
SAN JACINTO, a California municipal corporation, is hereby accepted by the undersigned
officer on behalf of the City of San Jacinto and the City of San Jacinto consents to recorda tion of
such Quitclaim Deed in the official records of the County of Riverside, California.
City of San Jacinto, a California municipal corporation
By: ____________________________________
Robert A. Johnson
City Manager
ATTEST:
By: ____________________________
Angela Walton, City Clerk
3.B.7.b
Packet Pg. 154 Attachment: Quitclaim (APNs 437-045-020) from Successor Agency to City (Resolution SA 18-07 of the Successor Agency to the San Jacinto
24438.31000\30999382.1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF )
On ____________________, 2018 ,
before me, ,
personally appeared ,
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General
Attorney-In-Fact Number Of Pages
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
3.B.7.b
Packet Pg. 155 Attachment: Quitclaim (APNs 437-045-020) from Successor Agency to City (Resolution SA 18-07 of the Successor Agency to the San Jacinto
May 1, 2018
TO: City Council
REQUESTED BY: Travis Randel, Community Development Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
17-06, 07, 08, VAR-17-04, and CZ-17-03)
RECOMMENDATION:
1. INTRODUCE Ordinance No. 18-05 for first reading approving Change of Zone 17-03 to
change the Zone from CN - Commercial Neighborhood to CG - Commercial General;
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA APPROVING CHANGE OF ZONE 17-03, A ZONE
CHANGE FROM COMMERCIAL NEIGHBORHOOD TO COMMERCIAL
GENERAL LOCATED ON THE WEST SIDE OF SAN JACINTO AVENUE
AT THE TERMINUS OF COMMONWEALTH (APN 439-120-042)
2. CONTINUE the Public Hearing to May 15, 2018.
BACKGROUND:
On April 16, 2018 the Planning Commission held a Public Hearing and unanimously
recommended that the City Council approve the Commonwealth Crossing Project. The Project,
consisting of 9.51 acres, is located on the west side of San Jacinto Avenue at the terminus of
Commonwealth Avenue, and across from the Walmart Supercenter development and includes
the following:
a 2,720-square-foot Fast Food Drive-Through;
a 3,062-square-foot Convenience Store with Off-sale Alcohol Sales;
a 12,000-square-foot Tire Store;
a 3,590-square-foot Automated Car Wash; and
a 24,000-square-foot Office/Retail Building;
To facilitate the project, the applicant is requesting approval of the following entitlements:
Site Plan and Design Review (SPDR-17-11);
Parcel Map (PM-37407) to divide the parcel lot into five parcels and one lettered lot;
Conditional Use Permit (CUP-17-06) to permit a Service Station with a Convenience
Store to have an Off-sale Beer and Wine license (Findings of Public Convenience or
Necessity are required);
Minor Use Permit (MUP-17-06) to permit a Fast Food Restaurant with a Drive-Through
4.1
Packet Pg. 156
Minor Use Permit (MUP-17-07) to permit an Automated Car Wash;
Minor Use Permit (MUP-17-08) to permit a Tire Store;
Variance (VAR-17-04) to allow Off-sale Beer and Wine sales within 1,000-feet of
adjacent sales; and,
Change of Zone (CZ-17-03) to change the Zone from Commercial Neighborhood to
Commercial General.
Details of the Project can be found in the attached Planning Commission staff report.
Subsequent to the Planning Commission Hearing, Staff received a letter from Caltrans
expressing concern over the Traffic Impact Analysis (Attachment 29). The applicant’s Traffic
Engineer has provided a formal response which has been included as Attachment 30. To ensure
all issues have been adequately addressed, staff is recommending that the City Council continue
the public hearing to May 15.
DISCUSSION:
The Commonwealth Crossing Project will be welcome addition to the San Jacinto Avenue
corridor providing additional food, gas, and retail venues for area residents. Sonic and 7-Eleven
will anchor the center in the first phase of development.
The property had a temporary U-Haul rental facility on a portion of the property, which has
closed and the remainder property vacant. The existing, nonconforming Billboard, is required to
be removed when property is developed pursuant to Section 17.335.160.D.5 of the Development
Code. Therefore, staff recommends a Condition of Approval for the Billboard to be removed.
The applicant is in escrow to purchase the property to build the multi-building/tenant commercial
development. No previous development applications are on file.
ENVIRONMENTAL ANALYSIS:
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
FISCAL IMPACT:
There is no impact to the General Fund since all project costs are borne by the applicant.
CONCLUSION:
As designed and conditioned, the Project will be a welcome addition along San Jacinto Avenue
and in the City. The Project offers the constituents of the City another choice for gasoline and
food, car wash, retail sales, and office uses, promoting job opportunities and local buying power.
4.1
Packet Pg. 157
ATTACHMENTS:
Attachment 1 - Ordinance 18-05
Attachment 2 - Resolution 3704
Attachment 3 - Planning Commission Staff Report
Attachment 4 - Findings of Fact
Attachment 5 - Change of Zone Conditions of Approval
Attachment 8 - Aerial Location Map
Attachment 9 - General Plan Map
Attachment 10 - Zoning Map
Attachment 11 - Site Plan
Attachment 12 - Phasing Plan
Attachment 13 - TPM 37407
Attachment 14 - Preliminary Grading Plan
Attachment 15 - Sonic Elevations
Attachment 16 - 7-Eleven Elevations
Attachment 17 - Carwash Elevations
Attachment 18 - Conceptual Landscape Plan
Attachment 19 - Radii Map for Alcohol Sales
Attachment 20 - Applicants PCorN Findings
Attachment 21 - 7-Eleven Floor Plan with Alcohol Sales
Attachment 22 - Sonic Drive-Through Operatons
Attachment 23 - Project Site Photos
Attachment 24 - Mitigated Negative Declaration Initial Study
Attachment 25 - Mitigation Monitoring Reporting Program
Attachment 26 - Letter from SCAQMD
Attachment 27 - Response to SCAQMD
Attachment 28 - Valley Wide Letter
Attachment 29 - Letter from Caltrans
Attachment 30 - Response to Caltrans
4.1
Packet Pg. 158
Page 1 of 6
STATE OF CALIFORNIA ) ORDINANCE NO: 18-05
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA APPROVING CHANGE OF ZONE 17-03, A
ZONE CHANGE FROM COMMERCIAL NEIGHBORHOOD TO
COMMERCIAL GENERAL LOCATED ON THE WEST SIDE OF SAN
JACINTO AVENUE AT THE TERMINUS OF COMMONWEALTH (APN
439-120-042)
WHEREAS, Devon Wesselink filed a Change of Zone 17-03 application on
October 18, 2017 for Commonwealth Crossing (“Applications), located on the west side
of San Jacinto Avenue at the terminus of Commonwealth Avenue (“Subject Site”);
WHEREAS, the Application Change of Zone 17-03 proposes to change the Zone
from CN – Commercial Neighborhood to CG – Commercial (“Project”) ;
WHEREAS, the Application was reviewed, studied, and found to comply with the
California Environmental Quality Act (“CEQA”) as more fully described below:
WHEREAS, on April 16, 2018, 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 the Project was recommended for approval
by the City Council; and
WHEREAS, on May 1st and May 15th, 2018, the City Council 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
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. Based on the entire record before the City Council, all written and oral
evidence presented, the recommendation and the findings made in this
Ordinance, the City Council hereby approves Change of Zone 17-03,
subject to the Findings of Fact and Conditions of Approval.
4.1.a
Packet Pg. 159 Attachment: Attachment 1 - Ordinance 18-05 (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and
Page 2 of 6
Section 3. Findings of Fact. The City Council of the City of San Jacinto hereby finds
and determines:
A. The proposed map amendment to change the Zoning from CN –
Commercial Neighborhood to CG – Commercial General.
B. The proposed Change of Zone is consistent with the General Plan,
in that the Community Commercial Land Use Designation includes
both the current Commercial Neighborhood Zone and proposed
Commercial General Zone. There is not a specific plan for this
location.
C. The proposed Change of Zone and Project promotes the growth of
the City consistent with the City’s Development Code and General
Plan. The Change of Zone will facilitate commercial development
along San Jacinto Avenue, as envisioned by the Genera l Plan. As
the project is conditioned, it will not adversely affect the public
convenience, health, interest, safety or general welfare.
D. The site is physically suitable for development, as it is generally flat,
rectangular, of adequate size for commercial development, and can
utilize the signalized intersection at San Jacinto and
Commonwealth Avenues. Adequate City infrastructure exists to
support the project site and projects will be conditioned to ensure
that their design accommodates and provides for pu blic and
emergency vehicles including solid waste haulers, City crews, and
other service and utility providers, as not to constitute a hazard.
Section 4. That the official Zoning Map of the City Council is hereby amended by
adding thereto Zone Change 17-03 rezoning, the certain properties as
described in Attachment “A” attached hereto from CN – Commercial
Neighborhood to – CG – Commercial General.
Section 5. That this Ordinance shall become effective on the 31st day following its
adoption.
Section 6. That an environmental analysis has been conducted which evaluated
information and impacts based on the specifics of this proposed project.
This analysis determined 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 and other effects will be mitigated to a level of
less than significant impact. Therefore, a Mitigated Negative Declaration
and its associated Mitigation Monitoring Plan is recommended.
Section 7. The City Clerk shall certify the adoption of this ordinance and cause the
same to be published in a newspaper of general circulation printed and
published in the County of Riverside, State of California.
4.1.a
Packet Pg. 160 Attachment: Attachment 1 - Ordinance 18-05 (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and
Page 3 of 6
Introduced at a regular meeting of the City Council on the 1st day of May 2018.
MOVED, PASSED, AND ADOPTED at a regular meeting of the City Council on
the 15th Day of May 2018 by the following vote.
AYES:
NAYS:
ABSENT:
ABSTAIN:
City of San Jacinto
___________________________
by Crystal Ruiz, Mayor
ATTEST:
_________________________
Angela Walton, City Clerk
4.1.a
Packet Pg. 161 Attachment: Attachment 1 - Ordinance 18-05 (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and
Page 4 of 6
ATTACHMENT “A”
PROPERTY DESCRIPTION
THE SOUTH 165 FEET OF FAR LOT 77 AND THE NORTH HALF OF FARM LOT 79 OF THE
SAN JACINTO LAND ASSOCIATION AS SHOWN BY MAP ON FILE BOOK 8, PAGE 357 OF
MAPS SAN DIEGO CO. RECORDS.
EXCEPT THEREFROM THE WEST 450 FEET, MEASURED FROM THE CENTERLINE OF
SANTA FE STREET.
4.1.a
Packet Pg. 162 Attachment: Attachment 1 - Ordinance 18-05 (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and
Page 5 of 6
ZONING MAP
4.1.a
Packet Pg. 163 Attachment: Attachment 1 - Ordinance 18-05 (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and
Page 6 of 6
ZONE CHANGE PLAT
4.1.a
Packet Pg. 164 Attachment: Attachment 1 - Ordinance 18-05 (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and
STATE OF CALIFORNIA) RESOLUTION NO: 3704
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA APPROVING SITE PLAN AND DESIGN
REVIEW 17-11, TENTATIVE PARCEL MAP 37407 TO SUBDIVIDE ONE
PARCEL INTO FIVE PARCELS AND ONE LETTERED LOT, A
CONDITIONAL USE PERMIT CUP-17-06 TO PERMIT A SERVICE
STATION WITH CONVENIENCE STORE TO HAVE OFF-SALE BEER
AND WINE LICENSE WITH FINDING OF CONVENIENCE AND
NECESSITY, MINOR USE PERMIT 17-06 TO PERMIT A FAST FOOD
RESTAURANT WITH DRIVE-THROUGH, A MINOR USE PERMIT 17-07
TO PERMIT AN AUTOMATED CAR WASH, MINOR USE PERMIT TO
PERMIT A TIRE STORE, VARIANCE 17-04 TO ALLOW FOR OFF-SALE
BEER AND WINE WITHIN 1,000 OF ADJACENT SALES LOCATED ON
THE WEST SIDE OF SAN JACINTO AVENUE AT THE TERMINUS OF
COMMONWEALTH
WHEREAS, Devon Wesselink filed applications on October 18, 2017: 1) Site
Plan and Design Review (SPDR) 17-11; 2) Tentative Parcel Map (TPM) 37407; 3)
Conditional Use Permit (CUP) 17-06; 4) Variance (VAR) 17-04; 5) Minor Use Permit
(MUP) 17-06; 6) Minor Use Permit (MUP) 17-07; 7) Minor Use Permit (MUP) 17-08; 8)
Change of Zone (CZ) 17-01 for Commonwealth Crossing (“Applications”), located on
the west side of San Jacinto Avenue at the terminus of Commonwealth Avenue
(“Subject Site”);
WHEREAS, the Applications are proposed to develop the Commonwealth
Crossing Project as a commercial development with SPDR 17 -11 for the review of the
overall site and building designs, a TPM 37407 to subdivide 9.51 acres into five parcels
with one lettered lot, CUP 17-06 to permit a service station with a convenience store to
have an off-sale beer and wine license, VAR 17-04 to allow off-sale beer and wine sales
within 1,000-feet of adjacent sales, MUP 17-06 to permit a fast food restaurant with a
drive-through, MUP 17-07 to permit an automated car wash, and MUP 17-08 to permit a
tire store (“Project”) ;
WHEREAS, the Application was reviewed, studied, and found to comply with the
California Environmental Quality Act (“CEQA”) as more fully described below:
WHEREAS, on April 16, 2018, 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 the project was recommended for approval
by the City Council; and
WHEREAS, on May 1st and May 15th, 2018, the City Council 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 A pplication were heard and the
Application was comprehensively reviewed by the City Council; and
4.1.b
Packet Pg. 165 Attachment: Attachment 2 - Resolution 3704 (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, 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, the recommendation of the Planning Commission and the
findings made in this Resolution, the City Council hereby approves SPDR 17-11, TPM
37407, CUP 17-06, MUP 17-06, MUP 17-07, MUP 17-08, and VAR 17-04, subject to
the Findings of Fact and Conditions of Approval in the staff report.
SECTION 2. Based on the entire record before the City Council and all written
and oral evidence presented, the City Council finds the Application:
A. The proposed zoning designation of the Subject Site provides for land uses that
are compatible with the Community Commercial General Pl an designation for the
Subject Site:
B. The Project is permitted in the requested CG – Commercial General Zone and as
conditioned will be consistent with the General Plan and the City’s Landscape
Design Guidelines.
C. The Project, as conditioned, will comply with City’s – Commercial General Zone
and Standards of the Development Code.
D. The Project, as conditioned, provides for land uses compatible with the
surrounding area, as the surrounding area is developed with similar commercial
development.
E. The Project is consistent with City standards, ordinances, and policies.
F. The Subject Site is physically suitable for the type and density of development
proposed under because the Project is proposed to be developed at a density
that is consistent with the General Plan Land Use designations and Zoning.
G. The Project, as conditioned, will provide adequate access, design, water efficient
landscaping, and has mitigated traffic and other environmental impacts.
H. The Project implements the following General Plan goals:
Land Use Goal 1: Develop a balanced land use pattern that meets community
needs for residential, commercial, industrial, public, and
recreational uses.
Land Use Goal 2: Manage and direct growth so that the community and its
neighborhoods are protected and enhanced.
4.1.b
Packet Pg. 166 Attachment: Attachment 2 - Resolution 3704 (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and
Land Use Goal 4: Promote high-quality development that ensures compatibility
with surrounding land uses and major transportation
corridors.
Land Use Goal 9: Encourage thoughtful community design that enhances San
Jacinto’s quality of life.
Circulation Goal 1: Provide a circulation system that meets the needs of
existing, and future land uses.
I. Adequate City infrastructure exists to support the Project , and the Project has
been reviewed by Police, Fire, and Engineering to ensure that the design
accommodates public and emergency vehicles including solid waste haulers,
City crews, and other service providers.
J. The Tentative Parcel Map is designed for consistency with surrounding
development in terms of both design and density.
K. As designed and conditioned, the Project will not be detrimental to surrounding
properties and the neighborhood. In fact, the signal at Commonwealth and San
Jacinto Avenues will accommodate both vehicular and pedestrian access to the
project.
L. The proposed use will not adversely affect the welfare of residents in the area or
result in an undue concentration in the neighborhood of establishments
dispensing alcoholic beverages, including beer and wine, as surrounding
establishments are grocery/pharmacy stores.
M. The proposed use will not adversely impact the suitability of adjacent
commercially zoned properties for commercial uses as the proposed service
station with convenience store is compatible with planned and surrounding uses
along San Jacinto Avenue and as planned and condi tioned, will be compatible
with surrounding and future commercial uses.
PUBLIC CONVENIENCE OR NECESSITY (PCorN) FINDINGS OF FACT:
N. The public convenience would be served by the establishment of the proposed
use. Census Tract 435.08 is permitted for four off-site sales licenses. Of the six
existing Type 20/21 licenses in Census Tract 435.08, three are for
grocery/pharmacy stores, one for the existing 7 -Eleven Convenience Store, one
for a service station/convenience store that is closed, and one is in the City of
Hemet. The convenience store provides a selection of foods and beverages the
community with a quick and convenient alternative to quick serve restaurants.
O. The Project as designed and conditioned will not be a source of nuisance
behavior associated with excessive consumption of alcoholic beverages.
P. The proposed use would not be detrimental to the public health, safety, or
welfare, as conditioned, in particular under the operational conditions,.
4.1.b
Packet Pg. 167 Attachment: Attachment 2 - Resolution 3704 (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and
Q. The convenience store would not increase the severity of existing law
enforcement or public nuisance problems in the surrounding area.
R. The proposed use is consistent with the objectives, policies, general land uses,
and programs of the general plan, and any applicable specific plan.
SECTION 3. Based on the entire record before the City Council and all written
and oral evidence presented, the City Council finds the A pplication complies with CEQA
for the following reasons:
An environmental analysis has been conducted which evaluated information and
impacts based on the specifics of this proposed project. This analysis
determined 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
and other effects will be mitigated to a level of less than significant impact.
Therefore, a Mitigated Negative Declaration and its associated Mitigation
Monitoring Plan is recommended.
SECTION 4. The location and custodian of the documents and any other
material which constitute the record of proceedings upon which the City Council based
its decision is as follows: Planning Director, City of San Jacinto Planning Department,
248 E. Main Street, San Jacinto, CA 92583. (909) 487-7330.
SECTION 7. Effective Date. This Resolution shall become effective upon its
adoption.
MOVED, PASSED, AND ADOPTED at a regular meeting of the City Council on
the 15th Day of May 2018 by the following vote.
AYES:
NAYS:
ABSENT:
ABSTAIN:
City of San Jacinto
___________________________
by Crystal Ruiz, Mayor
ATTEST:
_________________________
Angela Walton, City Clerk
4.1.b
Packet Pg. 168 Attachment: Attachment 2 - Resolution 3704 (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/ VAR-17-04/ Planning Commission Hearing April 16, 2018
MUP-17-06, 07,08/CZ17-03 Page 1 of 11
April 16, 2018
TO: Chairperson and Members of the Planning Commission
REQUESTED BY: Mary E. Lanier, Planning Consultant
APPROVED BY: Travis Randel, Planning & Community Development Director
SUBJECT: A proposal of MW Advantage 1, LLC, for the Commonwealth Crossing
Project to subdivide a vacant parcel, totaling 9.51 gross acres, into five
parcels and 1 lettered lot for the development of a 2,720-square-foot Fast
Food Drive-Through on Parcel 1, a 3,062-square-foot Convenience Store
with Off-sale Alcohol Sales, and a 3,600-square-foot canopy for an 7
Eleven Service Station on Parcel 2, 12,000-square-foot Tire Store on
Parcel 3, a 3,590-square-foot Automated Car Wash on Parcel 4, a 24,000-
square-foot Office/Retail Building on Parcel 5, and a
Bioretention/Detention basin on Lot A. To facilitate the Project, the
applicant is requesting a Site Plan and Design Review (SPDR-17-11), a
Parcel Map (PM-37407) to divide the parcel lot into five parcels and one
lettered lot, a Conditional Use Permit (CUP-17-06) to permit a Service
Station with a Convenience Store to have an Off-sale Beer and W ine
license (Findings of Public Convenience or Necessity are required), a
Minor Use Permit (MUP-17-06) to permit a Fast Food Restaurant with a
Drive-Through, a Minor Use Permit (MUP-17-07) to permit an Automated
Car Wash, a Minor Use Permit (MUP-17-08) to permit a Tire Store,
Variance (VAR-17-04) to allow Off-sale Beer and W ine sales within 1,000-
feet of adjacent sales, and (CZ) 17-03 to change the Zone from
Commercial Neighborhood to Commercial General, located on the west
side of San Jacinto Avenue at the terminus of Commonwealth Avenue .
APN 439-120-042
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); and
2. RECOMMEND that the City Council:
4.1.c
Packet Pg. 169 Attachment: Attachment 3 - Planning Commission Staff Report (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07,
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/ VAR-17-04/ Planning Commission Hearing April 16, 2018
MUP-17-06, 07,08/CZ17-03 Page 2 of 11
a. APPROVE Site Plan Design Review 17-11 (SPDR-17-11) for a
Commercial Center to be built in two phases; and
b. APPROVE Tentative Parcel Map 37407 (TPM-37407) to subdivide 9.51
acres into five parcels and one lettered lot; and
c. APPROVE Conditional Use Permit 17-06 (CUP-17-06) for a service
station and convenience store with off-sale alcohol sales and findings of
public convenience or necessity (PCorN), and Variance 17-04 (VAR-17-
04) to allow to allow off-sale beer and wine sales within 1,000-feet of
adjacent sales; and
d. APPROVE Minor Use Permit 17-06 (MUP-17-06) to permit a fast food
restaurant with a drive-through; and
e. APPROVE Minor Use Permit 17-07 (MUP-17-07) to permit an automated
car wash; and
f. APPROVE Minor Use Permit 17-08 (MUP-17-08) to permit a tire store;
and
g. APPROVE Change of Zone 17-03 (CZ-17-03), to change the Zone from
CN - Commercial Neighborhood to CG – Commercial General; and
ADOPT the necessary Zone Change Ordinance.
3. ADOPT Planning Commission Resolution 18-09 recommending City Council
approval of SPDR 17-11, TPM 37407, CUP 17-06, VAR 17-04, MUP 17-06, MUP
17-07, MUP 17-08, and CZ 17-03, subject to Findings of Fact and Conditions of
Approval set forth in the case record.
DESCRIPTION:
The Project is located on the west side of San Jacinto Avenue at the terminus of
Commonwealth Avenue, and across from the Walmart Supercenter development. The
property is rectangular in shape and encompasses 9.51 acres.
The Project includes a number of discretionary approvals as follows:
Site Plan Design Review SPDR-17-11 for the review of the overall site and
building designs (Site Plan – Attachment 11 and Project Elevations –
Attachments 15-17).
Tentative Parcel Map 37407 to subdivide 9.51 acres into five parcels with one
lettered lot (Parcel Map – Attachment 13).
Conditional Use Permit CUP-17-06 to permit a service station with a convenience
store to have an off-sale beer and wine license.
Variance VAR-17-04 to allow off -sale beer and wine sales within 1,000-feet of
adjacent sales.
4.1.c
Packet Pg. 170 Attachment: Attachment 3 - Planning Commission Staff Report (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07,
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/ VAR-17-04/ Planning Commission Hearing April 16, 2018
MUP-17-06, 07,08/CZ17-03 Page 3 of 11
Minor Use Permit MUP-17-06 to permit a fast food restaurant with a drive-
through.
Minor Use Permit MUP-17-07 to permit an automated car wash.
Minor Use Permit MUP-17-08 to permit a tire store.
Change of Zone CZ-17-03 to change the Zone from Commercial Neighborhood
to Commercial General.
LOCATION/SURROUNDING LAND USES:
The Location, General Plan, and Zoning Maps are included as Attachments 8, 9, 10
respectively.
Land Use General Plan Zoning
Project
Site Vacant Land/U-Haul Lot CC – Community
Commercial
CN – Commercial
Neighborhood
North Mobile Home Park MDR – Medium Density
Residential RM – Residential Medium
South Vacant Land CC – Community
Commercial
CN – Commercial
Neighborhood
East Commercial Shopping
Center – Walmart
CC – Community
Commercial
CG – Commercial General
West Residential Apartments/RV
Storage
MDR – Medium Density
Residential
MHDR – Medium High-
Density Residential
RM – Residential Medium
RMH – Residential Medium
High
BACKGROUND:
The property has a temporary U-Haul rental facility on a portion of the property, with of
the remainder property vacant. The applicant is in escrow to purchase the property to
build a multi-building/tenant commercial development. No previous development
applications are on file.
DISCUSSION/ANALYSIS:
Change of Zone (CZ 17-03)
A Change of Zone from Commercial Neighborhood (CN) to Commercial General (CG) is
requested to accommodate the service station, alcohol sales, tire store, and a wider
range of commercial and office uses. San Jacinto Avenue, as a major transportation
corridor through the City, is an ideal location to focus commercial/office uses. The
proposed CG Zone is a continuation of the CG Zone found across San Jacinto Avenue
and both sides Commonwealth Avenue. The General Plan Land Use Designation of the
property is Community Commercial, which covers both the existing Commercial
Neighborhood and proposed Commercial General Zones. Furthermore, the General
Plan Environmental Impact Report evaluated the greater commercial impacts of uses
found in the CG Zone. Therefore, a General Plan Amendment is not required.
4.1.c
Packet Pg. 171 Attachment: Attachment 3 - Planning Commission Staff Report (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07,
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/ VAR-17-04/ Planning Commission Hearing April 16, 2018
MUP-17-06, 07,08/CZ17-03 Page 4 of 11
Site Plan Design Review (SPDR-17-11)
Under the SPDR-17-11, the City will ensure that the Project respects the physical
environmental characteristics of the property, provides safe and convenient access and
circulation for pedestrians and vehicles, provides high quality design practices,
minimizes, or eliminates negative or undesirable visual impacts, provides for adequate
dedication of land for public purposes and provides needed public infrastructure . The
buildings are set back from the adjacent residential uses to the north by a minimum of
33 feet, with a 10-foot landscape setback and 6-foot block wall (Site Plan – Attachment
11).
*Final parcel acreage and parcel dimensions to be consistent with the Final Parcel Map
**Although Parcel 3 exceeds the impervious Surface calculation for the individual parcel, the overall
project maintains a maximum Impervious Surface of 77.1% which is below the maximum standard of
85%. Therefore, the project complies with this development standard.
***10-foot required front setback/25-foot landscaped parkway per Landscape Guidelines setback for
San Jacinto Avenue (setback area combined).
Access
DEVELOPMENT STANDARDS FOR THE PROPOSED CG ZONE
Required
Permitted Parcel 1 Parcel 2 Parcel 3 Parcel 4 Parcel 5 Parcel 6
Basins
Parcel Area
(Net) Minimum
5,000 sq. ft.
12,000 sq. ft.
Drive-
Through
50,508 sq.
ft.
73,395 sq.
ft.
68,086 sq.
ft.
53,646
sq. ft.
137,492
sq. ft.
22,858
sq. ft.
Parcel Width 50 ft. 285 ft. 247 ft. 210 ft. 284 ft. 322 ft.
(varies) 173 ft.
Parcel Depth 100 ft. 258 ft. 253 ft. 323 ft. 189 ft. 374 ft.
(varies)
126 ft.
(varies)
FAR
(Maximum) .40 .06 .05 .17 .03 .16 N/A
Building Size Varies 2,720 3,062 12,000 3,590 24,000 N/A
Building Height 45 ft. 24 ft. 23.8 ft. TBD 26 ft. TBD N/A
Impervious
Surface (Max) 85% 80.1% 72.4% 87.3%** 81% 82.4% N/A
Structure / Lot
Coverage (Max) 50% 5.7% 4.9% 16.9% 6.8% 16.5% N/A
Setbacks
San Jacinto
Avenue
10/25 ft. ***
Landscape
29 ft.
Landscape
29 ft.
Landscape --- --- --- N/A
Side (Abutting
Residential)
10 ft.
Landscape 10 ft. --- 10 ft- --- --- N/A
Rear (Abutting
Residential) 15 ft. --- --- --- --- N/A
Side (Abutting
Non-
Residential)
--- ---- 10 ft. --- 10 ft 10 ft. N/A
4.1.c
Packet Pg. 172 Attachment: Attachment 3 - Planning Commission Staff Report (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07,
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/ VAR-17-04/ Planning Commission Hearing April 16, 2018
MUP-17-06, 07,08/CZ17-03 Page 5 of 11
The Project is being designed and built as a single commercial complex. As such
access will be shared between all 5 parcels. The 38-foot wide main entry is located at
the signalized intersection at the terminus of Commonwealth Avenue and provides one
entrance lane and two lanes for egress. A second 30-foot wide driveway is located on
the southern property line. To minimize vehicle and pedestrian conflicts at this location,
the driveway has been conditioned for right-in only. The applicant will work with the
adjacent property owner for additional land for right-in/right-out only driveway access.
Parking
A total of 257 parking stalls are proposed where 215 parking stalls are required for the
entire Project. Parking may be adjusted on the final site plan but will exceed the City’s
requirement. Bicycle parking is required at a ratio of ten percent of the required parking.
Adjacent to each building is a bicycle rack in front or the side providing for short -term
bicycle parking and long-term lockers provided on the sides or rear of the buildings. As
proposed, the project meets the Cal Green requirements for bicycle parking.
PARKING ANALYSIS
Ratio (Gross Floor Area) Calculation Required Provided
Parcel 1
Fast Food #1 w/Drive-Through –
1:200 for first 2,000 sq. ft. then
1:60 for anything over 2,000 sq.
ft.
2,000/200 +
720/60 32 20 + 12
Parcel 1 Total 32 32
Parcel 2
Convenience Store – 1:225 – plus
1 space for each employee on
duty during heaviest traffic 8-hour
shift
3,062/225 14 22
Parcel 2 Total 14 22
Parcel 3
Tire Store 12,000/250
4/Bay 48 57
Parcel 3 Total 48 57
Parcel 4
Car Wash 1/Employee/Shift 1 3
Parcel 4 Total 1 3
Parcel 5
Office/Retail 24,000/200 Off/
250 Retail 96-120 143
Parcel 5 Total 96-120 143
Phasing
The Site Plan is the master design and site layout for the entire Project, which is
proposed to be built in two phases as noted in the table below (Phasing Plan –
Attachment 12).
4.1.c
Packet Pg. 173 Attachment: Attachment 3 - Planning Commission Staff Report (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07,
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/ VAR-17-04/ Planning Commission Hearing April 16, 2018
MUP-17-06, 07,08/CZ17-03 Page 6 of 11
Phase 1 includes the development of Parcel 1, Parcel 2, Parcel 4 , the construction of
the on-site main drive-aisle, a detention basin, and all required off-site improvements.
Phase 2 include the development of Parcel 3 and Parcel 5
PHASING PLAN
Phase Parcel #
Parcel Net
Square
Footage
Building
Square
Footage
Projected
Construction
Completion
PHASE 1
Fast Food with Drive-Through 1
4.6 acres
2,720
2nd quarter 2019
Convenience Store 2 3,062
12-Pump Dispenser Canopy 3,600
Car wash 4 3,590
Common Drive Aisles, sidewalks,
and detention/retention basins
1, 2, portion
of 3, 4, & 6
Off-Site Improvements – parkway,
utilities, roadway improvements Off-site
PHASE 2
Tire Store 3 4.72 acres 12,000 3rd quarter 2020 Office/Retail 5 24,000
*Final parcel acreage to be consistent with the Final Parcel Map
Architecture and Design
The proposed center includes five primary buildings and multiple ancillary structures.
Three of the primary buildings have been designed and are being considered under
SPDR 17-11. Two additional buildings, a tire/retail and office/retail with the building
footprints included on the site plan but are not being considered under this application.
A separate application will be required for the development of these building.
The Project includes buildings that are of a contemporary commercial building design
and are consistent with existing and proposed commercial buildings in the area. The
buildings feature four-sided architecture. Stucco walls make up the upper portions of the
buildings in varying shades of earth tone colors, “Toasty” and “Sand Dune” are used for
both wall color and trim on all of the buildings, with “Aesthetic White” as an accent color
on the upper elevations. Entry and column elements will feature Coronado Stone
Tuscan Villa – Seville. The design of the buildings provides varying heights, column
features, canopies, and recesses/pop-outs to create visual interest. All roof mounted
equipment is proposed below the parapet and is completely screened. The following
provides additional detail for each building.
Sonic (Parcel 1) is a drive-through restaurant that features four-sided architecture using
the center colors and materials. W ith its front entry (east) facing San Jacinto Avenue, it
is consistent with the Urban Combining Overlay Zone , which encourages buildings to
have entries facing the street. The front also includes an outdoor seating area. The
traditional Sonic yellow metal awnings provide an accent as a roof element and drive -
through awning. Sonic Drive-In stalls are covered with metal canopies and are located
in the parking area, with one adjacent to San Jacinto Avenue. The Sonic building is
designed to meet their unique operational needs, with a “bump-out” drive-through lane
4.1.c
Packet Pg. 174 Attachment: Attachment 3 - Planning Commission Staff Report (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07,
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/ VAR-17-04/ Planning Commission Hearing April 16, 2018
MUP-17-06, 07,08/CZ17-03 Page 7 of 11
and drive-in stalls serve as order areas, where customers order, pay and are served by
carhops. (Sonic Elevations – Attachment 15).
7-Eleven (Parcel 2) is a service station with convenience store and 12 -pump dispenser
canopy. The store also utilizes the center colors and materials. The building entry faces
the interior (north) of the project and also includes four -sided architecture. The south
and east building elevations are visible from San Jacinto Avenue and include stone
column and arch features with trellis’ with vines. The 12-pump “Aesthetic White” painted
galvanized canopy features “Toasty” painted posts, and stone columns (7-Eleven
Elevations – Attachment 16).
The Automated Carwash (Parcel 4) utilizes the center colors and materials and will also
include the CMU Split Face Orco “Nufad” Integral Color as a primary building material.
The front of the building faces the interior (west) of the project for better circulation and
business operation, with the exterior (east) on the San Jacinto side. Staff recommends
as a condition of approval that canopies be added to the rear (east) elevation since it is
visible from San Jacinto Avenue. The sides of the building where the entrance and exit
to the carwash, include tower features, which complement the center. Individual stalls
with vacuums are covered by a bronze arched canopy. (Car Wash Elevations –
Attachment 17).
The tire store and office/retail buildings are included on the site plan and once tenants
are identified will be reviewed for architecture and site layout through a Changes to an
Approved Project by the Planning and Community Development Director. The buildings
will be reviewed for compatibility with the approved buildings and are to utilize the same
color pallet, materials, and architecture features and design elements on the approved
buildings. Requirements for design will be included in Conditions Covenants and
Restrictions (CC&R’s) required under the Parcel Map.
No Signage is approved under this application and p reparation of a sign program
required. The sign program will be reviewed administratively.
Landscaping
Landscaping is proposed along the San Jacinto Avenue frontage, adjacent to the
northern, southern, and eastern property lines, and throughout the parking lots. Water
quality will be maintained throughout the site before flowing into a detention basin to the
northwest corner of the property on Lot A. A final landscape plan, which must meet the
City’s Water Efficient Landscape Irrigation requirements in the Development Code, as
well as the City’s Landscape Guidelines, will be required. Conditions of Approval are
included to guide the preparation of the final plans. (Conceptual Landscape Plan –
Attachment 18).
4.1.c
Packet Pg. 175 Attachment: Attachment 3 - Planning Commission Staff Report (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07,
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/ VAR-17-04/ Planning Commission Hearing April 16, 2018
MUP-17-06, 07,08/CZ17-03 Page 8 of 11
Tentative Parcel Map 37407 (PM-37407)
The proposed Tentative Parcel Map subdivides the existing parcel totaling 9.51 gross
acres (9.32 net acres), into five parcels and one letter lot summarized in the table below
(TTM 37407 – Attachment 13).
PM-37407 SUMMARY
Parcel # Net Acres Use
Parcel 1 1.16 Fast Food w/Drive-Through
Parcel 2 1.69 Service Station w/Convenience Store/Beer and Wine Sales
Parcel 3 1.56 Tire Store
Parcel 4 1.23 Car wash
Parcel 5 3.16 Office Retail Building
Lot A .52 Detention/Retention Basins
Total 9.32 net acres
*Final parcel acreage to be consistent with the Final Parcel Map
Conditional Use Permit (CUP-17-06) – 7-Eleven Convenience Store with Off-Sale
Beer and Wine Sales and Findings for Public Convenience or Necessity and
Service Station/Variance (VAR-17-04)
Conditional Use Permit, CUP-17-06, is required to permit the off-sale alcohol sales
under a Type 20 Alcoholic Beverage Control (ABC) license in conjunction with a service
station and convenience market. Also, included in the CUP review is the request that
the City make findings of Public Convenience or Necessity (PCorN) to support the
requested alcohol license type in Census Tract 435.08 which is currently over
concentrated with six Type 20/21 licenses where four are permitted. Of the six Type
20/21 licenses in Census Tract 435.08, three are for grocery/pharmacy stores, one for
the existing 7-Eleven Convenience Store, one for a service station/convenience store
that is closed, and one is in the City of Hemet. The findings of PCorN are required per
State Law and included in the Findings of Fact (Attachment 1).
7-Eleven is the proposed tenant for Service Station/Convenience Store and is
anticipating a premise to premise transfer of its existing ABC License. The Development
Code requires a CUP for a premise to premise transfer of a license and for new
licenses. Since the Project is for a new center, it is recommended that this CUP provide
the findings of PCorN for both a premise to premise transfer of and a new Type 20
License for the convenience store, to facilitate the opportunity for alcohol sales, should
the transfer not occur.
The store is proposed to operate 24-hours a day, seven days a week, with three shifts
of employees with an average of two employees per shift. The area proposed for the
alcohol sales makes up approximately 33-square-feet or approximately 1% of the total
square footage of the store space. A separation variance (VAR 17-04) is requested to
permit the sale of alcohol within 1,000-feet of other buildings selling alcohol. Walgreen
Pharmacy is located across San Jacinto Avenue to the east and Aldi market (currently
4.1.c
Packet Pg. 176 Attachment: Attachment 3 - Planning Commission Staff Report (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07,
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/ VAR-17-04/ Planning Commission Hearing April 16, 2018
MUP-17-06, 07,08/CZ17-03 Page 9 of 11
under construction) at the northeast corner of San Jacinto Avenue and Commonwealth
(Attachments 19, 20, and 21).
Minor Use Permits
Minor Use Permits are required for the following uses. These MUP’s normally would be
processed administratively with action by the Planning and Community Development
Director; however, Since the Project includes a Change of Zone request, the entire
project is required to be reviewed by the highest approving authority which will be the
City Council.
MUP-17-06 – Sonic Fast Restaurant with a Drive-Through
The proposed Sonic is the only drive-through restaurant within the Project. Sonic has
unique operation standards, which includes the bump-out drive lanes since it features
primarily beverage and ice cream products. This allows customers ordering beverages
and ice cream products to exit the lane when their order is delivered . They are also one
of the few restaurants that utilize “carhops” to serve food to customers to eat in their
cars, under covered canopies. General hours of operation are 6:00 a.m. to midnight,
daily. (Operational Information – Attachment 22). The proposal complies with all
applicable development standards for drive-thru restaurants.
MUP-17-07 – Automated Car Wash
The applicant is currently working with a major automated car wash company for Parcel
4. Preliminary information has been provided to evaluate a proposed car wash including
the traditional tunnel for wash services and covered parking stalls for drying and
vacuuming vehicles. With new water efficiency requirements for car washes, the
anticipated facility would utilize reclaimed water from the tunnel and recycled. Wash
cycles are generally expected to be approximately three to five minutes. General hours
of operation are 7:00 a.m. to 7 p.m. normal business hours, 7:00 a.m. to 9:00 p.m.
summer hours for seven days per week.
MUP-17-08 – Tire Store
The applicant is working on a proposed tire store Parcel 3. As such, the building
footprint has been identified, but elevations have not yet been prepared. When a tenant
is identified, the elevations would be processed administratively. The building
architecture, colors, and materials would be required to match and compliment the other
buildings approved with this application.
4.1.c
Packet Pg. 177 Attachment: Attachment 3 - Planning Commission Staff Report (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07,
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/ VAR-17-04/ Planning Commission Hearing April 16, 2018
MUP-17-06, 07,08/CZ17-03 Page 10 of 11
PUBLIC NOTICE AND COMMENTS:
The environmental review (Initial Study) and public hearing for this Project were
advertised on March 23, 2018, opening the public comment period with comments due
by April 11, 2018. On March 27, 2018 Mr. Ray Friedman called to inquire about the
project and expressed support.
On April 4, 2018 the City received a comprehensive letter from South Coast Air Quality
Management District (SCAQMD) prepared by Lijin Sun, J.D. Program Supervisor,
CEQA IGR Planning, Rule Development & Area Sources. The projects’ Air Quality
Consultant from MD Acoustics, Inc. prepared a letter of response which was e-mailed to
Ms. Sun. As of the writing of this report, no additional responses have been received
from SCAQMD. Nevertheless. Staff believes the response prepared by MD Acoustics,
Inc. does not bring up any new issues requiring further environmental analysis.
On April 10, 2018 the City received a letter from Valley Wide Recreation and Park
District which indicated they had no comments.
ENVIRONMENTAL ANALYSIS:
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
(Attachments 24 and 25). As a result, it is recommended that the Planning Commission
adopt a Mitigated Negative Declaration for this Project.
ALTERNATIVES:
1) Recommend that the City Council Approve the Project as recommended.
2) Do not recommend the City Council approve the Project to accommodate a
commercial center leaving the site available for future commercial development.
3) Continue this action for further information or take no action.
FISCAL IMPACT:
There is no impact to the General Fund since all project costs are borne by the
applicant.
4.1.c
Packet Pg. 178 Attachment: Attachment 3 - Planning Commission Staff Report (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07,
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/ VAR-17-04/ Planning Commission Hearing April 16, 2018
MUP-17-06, 07,08/CZ17-03 Page 11 of 11
CONCLUSION:
As designed and conditioned, the Project will be a welcome addition along San Jacinto
Avenue and in the City. The Project offers the constituents of the City another choice for
gasoline and food, car wash, retail sales, and office uses, promoting job opportunities
and local buying power.
ATTACHMENTS:
1. Findings of Fact
2. Planning Commission Resolution 18-09
3. SPDR-17-11 Conditions of Approval
4. TPM-37407 Conditions of Approval
5. CUP-17-06/VAR-17-04 Conditions of Approval
6. MUP-17-06, 17-07, 17-08 Conditions of Approval
7. CZ-17-03 Conditions of Approval
8. Aerial Location Map
9. General Plan Map
10. Zoning Map
11. Site Plan
12. Phasing Plan
13. TPM-37407
14. Preliminary Grading Plan
15. Sonic Elevations
16. 7-Eleven Elevations
17. Car Wash Elevations
18. Conceptual Landscape Plan
19. Radii Map for Alcohol Sales
20. Applicant’s PCorN Findings
21. 7-Eleven Floor Plan with Alcohol Sale Area
22. Sonic Drive-Through Operations
23. Site Photos
24. Mitigated Negative Declaration Initial Study
25. Mitigation Monitoring and Reporting Program
26. Letter from SCAQMD
27. Response to SCAQMD
28. Letter from Valley Wide Recreation and Park District
4.1.c
Packet Pg. 179 Attachment: Attachment 3 - Planning Commission Staff Report (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07,
ATTACHMENT 1
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/VAR 17-04 Planning Commission Hearing April 16, 2018
MUP-17-06/MUP 17-07/MUP 17-08/CZ 17-03 Page 1 of 15
SPDR-17-11, TPM-37407, CUP-17-06 (w /PCorN), VAR-17-04
MUP-17-06, MUP 17-07, MUP 17-08 & CZ 17-03
SITE PLAN DESIGN REVIEW PERMIT FINDINGS OF FACT (SPDR-17-11):
The proposed Project will:
1. Be allowed within the subject zone;
The proposed commercial center will be consistent with the CG – Commercial
General Zone and CC – Community Commercial General Plan Land Use
designations, with Change of Zone 17-03. The CG zone is applied to areas
appropriate for general commercial and daily shopping needs of a broad market
area and it allows a wide range of retail sales and business, professional, and
personal services that are accessible to transit corridors. San Jacinto Avenue is a
major transit corridor in the City and the proposed center will provide needed
retail, office, and services for the community.
Transit corridors are important to the City in that they can project a positive
image of the community while also enhancing the quality of life for the users and
occupants. As conditioned, the Project will help to project that positive image of
the community as intended by the zone.
2. Be in compliance with all the applicable criteria below:
a. Compliance with 17.630 – Site Plan and Design Review of the
Development Code, and all other applicable City regulations and
policies;
As noted in the staff report and as conditioned, the Project will comply with
Chapter 17.630 of the Development Code.
b. Efficient site layout and design;
As designed the Project provides an efficient site layout and design with
two points of access and an internal circulation system that serves the
Project and provides an opportunity for future joint access at the southern
driveway.
c. Compatibility with neighboring properties and developments;
The Project provides compatibility with neighboring properties and
developments, as the properties to the east are currently developed with a
Walmart Super Center and a planned commercial development at the
northeast corner of San Jacinto Avenue and Commonwealth Avenue.
Although currently vacant the property to the south is commercially zoned.
4.1.d
Packet Pg. 180 Attachment: Attachment 4 - Findings of Fact (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and
ATTACHMENT 1
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/VAR 17-04 Planning Commission Hearing April 16, 2018
MUP-17-06/MUP 17-07/MUP 17-08/CZ 17-03 Page 2 of 15
Properties to the north and west are zoned Residential Medium and
Residential Medium High. A mobile home park is located to the north and
an apartment complex and RV Storage to the west. The project will as
designed meet the setbacks and provides landscape buffering between
the uses, as well as provides commercial services to surrounding
residents.
d. Efficiency and safety of public access and parking;
As previously stated the Project provides an efficient site layout and
design with two points of access and an internal circulation system that
not only serves the Project but provides an opportunity for joint access
with the property to the south. Therefore, the Project provides efficient and
safe public access and parking.
e. The arrangement and relationship of proposed structures and signs
to one another and to other developments in the vicinity and whether
the relationship is harmonious and based on good standards of
design;
Overall, the Project design provides a good relationship and arrangement
of the proposed structures to one another and developments in the
vicinity. The design features and colors are compatible with existing
surrounding commercial development. The proposed Project has lined up
one of the proposed driveways with Commonwealth Avenue to utilize the
existing signal.
f. The compatibility in scale and aesthetic treatment of proposed
structures with public areas;
The site and building design provide a compatible scale and aesthetic
treatment for the public areas (i.e., pedestrian and parking areas).
g. The adequacy of proposed driveways, landscaping, parking spaces,
potential on-site and off-site parking and traffic impacts and other
potential impacts on the environment;
The City Engineer and Traffic Engineer have reviewed the site design and
Traffic Impact Analysis and have determined that as conditioned the
Project will provide for safe vehicular and pedestrian movements to and
from the site. Further, as noted in the staff report, the Project meets the
required landscaping and parking requirements. All other potential
environmental impacts have been thoroughly analyzed in the Initial Study
and as mitigated/conditioned the Project will have less than significant
environmental impacts.
4.1.d
Packet Pg. 181 Attachment: Attachment 4 - Findings of Fact (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and
ATTACHMENT 1
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/VAR 17-04 Planning Commission Hearing April 16, 2018
MUP-17-06/MUP 17-07/MUP 17-08/CZ 17-03 Page 3 of 15
h. Appropriate open space and use of water-efficient landscaping;
The Project design provides adequate open space in the form of on -site
landscaping. As conditioned, the Project will provide landscaping in
conformance with Chapter 17.325 – Water Efficient Landscaping and
Irrigation of the Development Code in conformance with State law.
i. Consistency with the General Plan and any applicable specific plan;
and
The CC – Community Commercial General Plan land use designation
provides for a variety of retail and service-oriented business activities,
including office uses, at various intensities to serve the local community
and population, as well as the broader market area. The Project is
consistent with the General Plan land use designation and it is not located
within a Specific Plan.
j. Consistency with any adopted design guidelines/standards.
As conditioned, the Project will be consistent with the City’s Landscape
Design Guidelines, including, but not limited to, the special landscaping
setback requirements along San Jacinto Avenue.
3. Be in keeping with the character of the neighborhood, in terms of the
structure(s) general appearance; and
As conditioned, the Project will be compatible with the neighborhood and other
commercial uses along the San Jacinto Avenue corridor.
4. Not be detrimental to the harmonious and orderly growth of the City.
The Project promotes the growth of the City consistent with the City’s
Development Code and General Plan.
SUBDIVISION FINDINGS OF FACT (TPM-37407):
1. The proposed subdivision of land has been found to be consistent with the
General Plan.
The proposed Parcel Map (TPM-37407) further the intent of the General Plan by
facilitating commercial development as planned. The Project implements the
following General Plan goals and policies:
4.1.d
Packet Pg. 182 Attachment: Attachment 4 - Findings of Fact (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and
ATTACHMENT 1
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/VAR 17-04 Planning Commission Hearing April 16, 2018
MUP-17-06/MUP 17-07/MUP 17-08/CZ 17-03 Page 4 of 15
Land Use Goal 1: Develop a balanced land use pattern that meets community
needs for residential, commercial, industrial, public, and
recreational uses.
Specifically implementing policies 1.1 and 1.7.
Land Use Goal 2: Manage and direct growth so that the community and its
neighborhoods are protected and enhanced.
Specifically implementing policies 2.1 and 2.7.
Land Use Goal 4: Promote high-quality development that ensures compatibility
with surrounding land uses and major transportation
corridors.
Implementing all of the policies associated with this goal,
Policies 4.1 through 4.6.
Land Use Goal 9: Encourage thoughtful community design that enhances San
Jacinto’s quality of life.
Specifically implementing policies 9.1, 9.2, 9.3, 9.6, and 9.8.
Circulation Goal 1: Provide a circulation system that meets the needs of existing
and future land uses.
Specifically implementing policies 1.1, 1.2, 1.4, and 1.6.
The proposal implements the General Plan by promoting high-quality
development along major transportation corridors.
2. The design or improvement of the proposed subdivision of land has been
found to be consistent with applicable General Plan.
The design or improvement of the proposed subdivision of land has been found
to be consistent with applicable General Plan. As noted above, the proposed
Parcel Map (TPM-37407) implement the goals and policies of the General Plan.
3. The site of the proposed subdivision of land is physically suitable for the
proposed design of the development.
The proposed Parcel Map (TPM-37407) is physically suitable for the proposed
Project as the site is generally flat and the design utilizes the signalized
intersection at San Jacinto and Commonwealth Avenues. In addition, the
proposed internal circulation system will provide for a secondary access at it
4.1.d
Packet Pg. 183 Attachment: Attachment 4 - Findings of Fact (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and
ATTACHMENT 1
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/VAR 17-04 Planning Commission Hearing April 16, 2018
MUP-17-06/MUP 17-07/MUP 17-08/CZ 17-03 Page 5 of 15
southern boundary that can accommodate a future joint driveway with the
adjacent property.
4. The site of the proposed subdivision of land is physically suitable for the
proposed density of the development.
The site is physically suitable for the proposed intensity of the Project as the site
layout accommodates a project that meets the requirements of the Development
Code, General Plan and Landscape Design Guidelines.
5. The design of the proposed subdivision 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.
An Initial Study was prepared for the Project to determine the Project’s potential
to result in significant environmental impacts. The Initial Study determined, based
upon substantial evidence, that with the incorporation of identified mitigation
measures, no significant impact would occur as a result of the Project.
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 made enforceable through the
Conditions of Approval for the Project.
6. The design of the proposed subdivision of land and the type of
improvements are not likely to cause serious public health problems.
The implementation of the proposed conditions will ensure that the Project will
not be detrimental to the public interest, health, safety, convenience, or welfare of
the City.
7. That the design of the proposed subdivision of land and 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
subdivision of land. The Approving Authority may approve a subdivision of
land if it finds that alternate easements for access or for use will be
provided and that they will be subsequently equivalent to ones previously
acquired by the public. This subsection shall apply only to easements of
record or to easements established by the judgment of a court of
competent jurisdiction.
Proposed Parcel Map (TPM-37407) as designed and conditioned will not conflict
with existing easements.
4.1.d
Packet Pg. 184 Attachment: Attachment 4 - Findings of Fact (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and
ATTACHMENT 1
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/VAR 17-04 Planning Commission Hearing April 16, 2018
MUP-17-06/MUP 17-07/MUP 17-08/CZ 17-03 Page 6 of 15
CONDITIONAL USE PERMIT AND ALCOHOL SALES FINDINGS OF FACT (CUP-17-
06):
1. The proposed use will not be detrimental to surrounding properties and
neighborhoods including ensuring that the use does not contribute to
loitering, public drunkenness, noise, obstructing pedestrian and vehicular
traffic, parking, crime, interference with pedestrian corridors used by
children, defacement, and damage to structures;
As designed and conditioned, the Project will not be detrimental to surrounding
properties and the neighborhood. In fact, the signal at Commonwealth and San
Jacinto Avenues will accommodate both vehicular and pedestrian access to the
project. The convenience store is located at the southeast corner of the Project
and furthest away from the residential uses. Conditions of Approval include
requirements to address loitering, noise, and property maintenance.
2. The proposed use will not adversely impact the suitability of adjacent
commercially zoned properties for commercial uses;
The proposed use will not adversely impact the suitability of adjacent
commercially zoned properties for commercial uses as the proposed service
station with convenience store is compatible with planned and surrounding uses
along San Jacinto Avenue and as planned and conditioned, will be compatible
with surrounding and future commercial uses.
3. The proposed use will not adversely affect the welfare of residents in the
area or result in an undue concentration in the neighborhood of
establishments dispensing alcoholic beverages, including beer and wine.
For purposes of this subparagraph, “undue concentration” shall be as
defined in the Business and Professions Code Section 23958.4; and
Excerpt of Business and Professions Code Section 23958.4 – For purposes
of Section 23958, “undue concentration” means the case in which the applicant
premises for an original or premises-to-premises transfer of any retail license are
located in an area where any of the following conditions e xist:
(1) The applicant premises are located in a crime reporting district that has a 20
percent greater number of reported crimes, as defined in subdivision (c), than the
average number of reported crimes as determined from all crime reporting
districts within the jurisdiction of the local law enforcement agency.
(2) As to on-sale retail license applications, the ratio of on -sale retail licenses to
population in the census tract or census division in which the applicant premises
are located exceeds the ratio of on-sale retail licenses to population in the county
in which the applicant premises are located. – Not Applicable to this Project
4.1.d
Packet Pg. 185 Attachment: Attachment 4 - Findings of Fact (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and
ATTACHMENT 1
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/VAR 17-04 Planning Commission Hearing April 16, 2018
MUP-17-06/MUP 17-07/MUP 17-08/CZ 17-03 Page 7 of 15
(3) As to off-sale retail license applications, the ratio of off-sale retail licenses to
population in the census tract or census division in which the applicant premises
are located exceeds the ratio of off-sale retail licenses to population in the county
in which the applicant premises are located.
The proposed use will not adversely affect the welfare of residents in the area or
result in an undue concentration in the neighborhood of establishments
dispensing alcoholic beverages, including beer and wine. The City’s Police
Department does not keep crime statistics by Census Tracts, so the City is
unable to determine if crime in this Census Tract is any greater than crime in
other Census Tracts within the City. Nevertheless, the Census Tract is over
concentrated with off-site sales licenses, having six licenses where four are
permitted. See the Findings of Fact for Public Convenience or Necessity below.
4. Notwithstanding subparagraph 3 above, the Approving Authority may
approve a Conditional Use Permit despite an undue concentration of
establishments dispensing alcoholic beverages, as defined in the Business
and Professions Code 23958.4, if the Approving Authority first finds the
public convenience and necessity would be served by the issuance of the
Conditional Use Permit and the use otherwise meets the remaining
findings;
See the Findings of Fact for Public Convenience or Necessity below.
5. The proposed use is consistent with the General Plan and any applicable
specific plan;
The proposed use is consistent with the General Plan and any applicable specific
plan. The CC – Community Commercial General Plan land use designation
provides for a variety of retail and service-oriented business activities, including
office uses, at various intensities to serve the local community and population, as
well as the broader market area. The service station with convenience store is
consistent with the General Plan land use designation and it is not located within
a Specific Plan.
6. The proposed use is allowed within the applicable zone and complies with
all other applicable provisions of this Development Code and the Municipal
Code;
The proposed use is allowed within the applicable zone and complies with all
other applicable provisions of this Development Code and the Municipal Code.
The proposed service station with convenience store is consistent with the CG –
Commercial General Zone and CC – Community Commercial General Plan land
use designations. The CG Zone is applied to areas appropriate for general
commercial and daily shopping needs of a broad market area and it allows a
wide range of retail sales and business, professional, and personal services that
4.1.d
Packet Pg. 186 Attachment: Attachment 4 - Findings of Fact (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and
ATTACHMENT 1
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/VAR 17-04 Planning Commission Hearing April 16, 2018
MUP-17-06/MUP 17-07/MUP 17-08/CZ 17-03 Page 8 of 15
are accessible to transit corridors. San Jacinto Avenue is a major transit corridor
in the City and the proposed center will provide needed retail, office, and services
for the community.
Transit corridors are important to the City in that they can project a positive
image of the community while also enhancing the quality of life for the users and
occupants. As conditioned, the Project will help to project that positive image of
the community as intended by the zone.
7. The design, location, size, and operating characteristics of the proposed
activity will be compatible with the existing and future land uses in the
vicinity;
The design, location, size, and operating characteristics of the proposed activity
will be compatible with the existing and future land uses in the vicinity. The
Project is physically suitable for the proposed Project as the site is generally flat,
and the design of the commercial center under SPDR-17-11 utilizes an existing
signal at San Jacinto and Commonwealth Avenues that accommodates both a
driveway of the proposed Project as well as the secondary driveway at its
southern boundary.
8. The site is physically suitable in terms of:
a. Its design, location, shape, size, and operating characteristics of the
proposed use;
The design, location, size, and operating characteristics of the proposed
activity will be compatible with the existing and future land uses in the
vicinity. The Project is physically suitable for the proposed Project as the
site is generally flat, and the design of the commercial center under
SPDR-17-11.
b. The provision of public and emergency vehicle (e.g., fire and
medical) access;
The site is designed to provide adequate access for emergency vehicles.
As well the site plan has been reviewed by the Police and Fire
Departments, and as conditioned, meets their requirements.
c. Public protection services (e.g., fire protection, police protection,
etc.); and
The Project is consistent with the General Plan which helps to ensure that
public protection services are available. As well the site plan has been
reviewed by the Police and Fire Departments, and as conditioned, meets
their requirements.
4.1.d
Packet Pg. 187 Attachment: Attachment 4 - Findings of Fact (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and
ATTACHMENT 1
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/VAR 17-04 Planning Commission Hearing April 16, 2018
MUP-17-06/MUP 17-07/MUP 17-08/CZ 17-03 Page 9 of 15
d. The provision of utilities (e.g., potable water, schools, solid waste
collection and disposal, storm drainage, wastewater collection,
treatment, and disposal, etc.).
The Project will be connecting to all required utilities and as conditioned
will be providing the required trash enclosures for solid waste disposal.
9. The measure of site suitability shall be required to ensure that the type,
density, and intensity of use being proposed will not adversely affect the
public convenience, health, interest, safety, or general welfare, constitute a
nuisance, or be materially injurious to the improvements, persons,
property, or uses in the vicinity and zone in which the property is located;
and
The Project site is physically suitable for the proposed Project as the site is
generally flat, and the design accommodates neighboring uses by providing
utilizing the existing signal at San Jacinto and Commonwealth Avenues for its
main driveway. In addition, the proposed internal circulation system will provide
for access to the proposed project to the south.
The Project will be a welcome addition at the intersection of and completes
commercial development at the intersection of San Jacinto and Commonwealth
Avenues, providing needed services to the neighborhood and the City. As
conditioned, the Project will not adversely affect the public convenience, health,
interest, safety or general welfare.
10. The applicant agrees in writing to comply with any and all of the conditions
imposed by the Approving Authority in the approval of the Conditional Use
Permit.
The applicant is required to sign the conditions of approval reflecti ng their
agreement with the conditions.
PUBLIC CONVENIENCE OR NECESSITY (PCorN) FINDINGS OF FACT:
1. The public convenience would be served by the establishment of the
proposed use.
The public convenience would be served by the establishment of the proposed
use. Census Tract 435.08 is permitted for four off-site sales licenses. Of the six
existing Type 20/21 licenses in Census Tract 435.08, three are for
grocery/pharmacy stores, one for the existing 7 -Eleven Convenience Store, one
for a service station/convenience store that is closed, and one is in the City of
Hemet.
4.1.d
Packet Pg. 188 Attachment: Attachment 4 - Findings of Fact (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and
ATTACHMENT 1
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/VAR 17-04 Planning Commission Hearing April 16, 2018
MUP-17-06/MUP 17-07/MUP 17-08/CZ 17-03 Page 10 of 15
Walmart, Walgreens, Rite Aid, and the proposed Aldi, are grocery/pharmacy
stores and, the proposed convenience store will be the only convenience store
within 1,000 feet providing beer and wine sales, therefore, the addition of a
seventh off-sale alcohol license will provide convenience to the public.
As well, the sale of alcohol will be clearly incidental as evidenced by the relatively
small display area for beer and wine (on shelves and within coolers) that will
constitute approximately 1% of the gross floor area. The store caters to shoppers
who come in for general merchandise and purchase alcoholic beverages as a
convenience while purchasing vehicle fuel and other merchandise. Therefore, the
sale of alcohol is a convenience for shoppers, not typically the sole purpose for
the visit to the store.
As noted in the applicant’s findings, the convenience store provides a selection of
foods and beverages to the community with a quick and convenient alternative to
quick serve restaurants. Therefore, the service station will provide a convenience
by offering alcohol sales in conjunction with other retail items that can be easily
picked up while fueling a vehicle and creating a one -stop shopping alternative.
2. The proposed use is not anticipated to be the source of nuisance behavior
associated with excessive consumption of alcoholic beverages.
The proposed use is not anticipated to be the source of nuisance behavior
associated with excessive consumption of alcoholic beverages. The Project as
designed and conditioned will not be a source of nuisance behavior associated
with excessive consumption of alcoholic beverages. The proposed service
station has been developed to provide adequate parking, visibility, access, and
lighting and thus would provide a safe and secure environment in which to
conduct alcohol sales. Conditions for all landscaping and parking lot lighting to be
maintained in good condition and having the site posted to indic ate that it is
unlawful for any person to drink or consume any alcoholic beverage in any public
place or posted premises are just two of the conditions that will ensure the use is
not a source of nuisance behavior.
As well, as noted in the applicant’s fin dings, convenience store provides interior
and exterior surveillance systems to deter nuisance behavior and operates 24
hours a day providing personnel on the premises at all times.
3. The proposed use would not be detrimental to the public health, safety, or
welfare.
The proposed use would not be detrimental to the public health, safety, or
welfare. As conditioned, in particular under the operational conditions, the
proposed use, will not be detrimental to the public health, safety or welfare.
4.1.d
Packet Pg. 189 Attachment: Attachment 4 - Findings of Fact (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and
ATTACHMENT 1
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/VAR 17-04 Planning Commission Hearing April 16, 2018
MUP-17-06/MUP 17-07/MUP 17-08/CZ 17-03 Page 11 of 15
4. The proposed use would not increase the severity of existing law
enforcement or public nuisance problems in the surrounding area.
The convenience store would not increase the severity of existing law
enforcement or public nuisance problems in the surrounding area. The Police
Department has reviewed this proposal and does not oppose the project. As well,
as noted in the applicant’s findings, the company provides interior and exterior
surveillance systems to deter nuisance behavior and operates 24 hours a day
providing personnel on the premises at all times.
5. The proposed use is consistent with the objectives, policies, general land
uses, and programs of the general plan, and any applicable specific plan.
The proposed use is consistent with the objectives, policies, general land uses,
and programs of the general plan, and any applicable specific plan. The CC –
Community Commercial General Plan land use designation provides for a variety
of retail and service-oriented business activities, including office uses, at various
intensities to serve the local community and population, as well as the broader
market area. The service station with convenience store is consistent with the
General Plan land use designation and it is not located within a Specific Plan.
MINOR USE PERMITS (MUP-17-06, MUP-17-07, MUP-17-08) FINDINGS OF FACT:
1. The proposed use is consistent with the General Plan and any applicable
specific plan.
The proposed uses are consistent with the General Plan and any applicable
specific plan. The CC – Community Commercial General Plan land use
designation provides for a variety of retail and service -oriented business
activities, including office uses, at various intensities to serve the local community
and population, as well as the broader market area. The proposal of a fast food
restaurant with a drive-through, automated car wash, and tire store is consistent
with the General Plan land use designation and it is not located within a Specific
Plan.
2. The proposed use is allowed within the applicable zone and complies with
all other applicable provisions of this Development Code and the Municipal
Code.
The proposed uses are allowed within the applicable zone, with Change of Zone
17-03 and comply with all other applicable provisions of this Development Code
and the Municipal Code. The proposed fast-food restaurant with a drive-through,
automated car wash, and tire store is consistent with the CG – Commercial
General Zone and CC – Community Commercial General Plan land use
designations. The CG zone is applied to areas appropriate for general
commercial and daily shopping needs of a broad market area and it allows a
4.1.d
Packet Pg. 190 Attachment: Attachment 4 - Findings of Fact (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and
ATTACHMENT 1
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/VAR 17-04 Planning Commission Hearing April 16, 2018
MUP-17-06/MUP 17-07/MUP 17-08/CZ 17-03 Page 12 of 15
wide range of retail sales and business, professional, and personal services that
are accessible to transit corridors. San Jacinto Avenue is a major transit corridor
in the City and the proposed center will provide needed retail and services for the
community.
Transit corridors are important to the City in that they can project a positive
image of the community while also enhancing the quality of life for the users and
occupants. As conditioned, the Project will help to project that positive image of
the community as intended by the zone.
3. The design, location, size, and operating characteristics of the proposed
activity will be compatible with the existing and future land uses in the
vicinity.
The design, location, size, and operating characteristics of the proposed activity
will be compatible with the existing and future land uses in the vicinity. The
Project is physically suitable for the proposed Project as the site is generally flat,
and the design of the commercial center under SPDR-17-11 accommodates
neighboring uses by utilizing the signal at San Jacinto and Commonwealth
Avenues. The design of SPDR-17-11 planned for the proposed uses.
4. The site is physically suitable in terms of:
a. Its design, location, shape, size, and operating characteristics of the
proposed use;
The Project site is physically suitable for the proposed Project as the site
is generally flat and rectangular in shape, and the design accommodates
neighboring uses by providing utilizing the existing signal at San Jacinto
and Commonwealth Avenues for its main driveway. In addition, the
proposed internal circulation system will provide for access to the
proposed project to the south.
The Project will be a welcome addition at the intersection of and
completes commercial development at the intersection of San Jacinto and
Commonwealth Avenues, providing needed services to the neighborhood
and the City. As conditioned, the Project will not adversely affect the public
convenience, health, interest, safety or general welfare.
b. The provision of public and emergency vehicle (e.g., fire and
medical) access;
The site is designed to provide adequate access for emergency vehicles.
As well the site plan has been reviewed by the Police and Fire
Departments, and as conditioned, meets their requirements.
4.1.d
Packet Pg. 191 Attachment: Attachment 4 - Findings of Fact (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and
ATTACHMENT 1
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/VAR 17-04 Planning Commission Hearing April 16, 2018
MUP-17-06/MUP 17-07/MUP 17-08/CZ 17-03 Page 13 of 15
c. Public protection services (e.g., fire protection, police protection,
etc.); and
The Project is consistent with the General Plan which helps to ensure that
public protection services are available. As well the site plan has been
reviewed by the Police and Fire Departments, and as conditioned, meets
their requirements.
d. The provision of utilities (e.g., potable water, schools, solid waste
collection and disposal, storm drainage, wastewater collection,
treatment, and disposal, etc.).
The Project will be connecting to all required utilities and as conditioned
will be providing the required trash enclosures for solid waste disposal.
5. The measure of site suitability shall be required to ensure that the type,
density, and intensity of use being proposed will not adversely affect the
public convenience, health, interest, safety, or general welfare, constitute a
nuisance, or be materially injurious to the improvements, persons,
property, or uses in the vicinity and zone in which the property is located.
The Project site is physically suitable for the proposed Project as the site is
generally flat, and the design under SPDR-17-11 accommodates neighboring
uses by providing utilizing the signal at San Jacinto and Commonwealth Avenues
for its main driveway access. In addition, the Project proposes a second driveway
at its southern boundary. SPDR-17-11 was designed to accommodate this use
as designed.
As conditioned, the Project will not adversely affect the public convenience,
health, interest, safety or general welfare.
6. The applicant agrees in writing to comply with any and all of the conditions
imposed by the review authority in the approval of the Minor Use Permit.
The applicant is required to sign the conditions of approval reflecting their
agreement with the conditions.
VARIANCE (VAR-17-04) FINDINGS OF FACT:
To allow a separation variance to permit alcohol sales within 1,000 -feet of other
buildings selling alcohol.
1. There are special circumstances applicable to the subject property (e.g.,
location, shape, size, surroundings, topography, or other physical features)
that do not apply generally to other properties in the vicinity under an
identical zoning classification;
4.1.d
Packet Pg. 192 Attachment: Attachment 4 - Findings of Fact (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and
ATTACHMENT 1
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/VAR 17-04 Planning Commission Hearing April 16, 2018
MUP-17-06/MUP 17-07/MUP 17-08/CZ 17-03 Page 14 of 15
There are special circumstances applicable to the subject property as t he project
site, while located within 1,000-feet from the other off-sale alcohol
establishments, is separated by a San Jacinto Avenue, a major corridor with
raised medians. The median forms a significant barrier between the businesses,
such that the proximity between uses will not be perceived by the general public
and each business will serve a different segment of the community.
2. Strict compliance with Development Code requirements would deprive the
subject property of privileges enjoyed by other property in the vicinity and
under an identical zoning classification;
Strict compliance of the Development Code requirements would deprive the
subject property of privileges enjoyed by other property in the vicinity and under
identical zoning due to the large size of the Census Tract and the focus of San
Jacinto Avenue as a major commercial corridor for such uses, the limit of four off-
sale alcohol licenses deprives the property owner of the availability to provide
alcohol sales in an area designed as a major commercial corridor.
3. Approving the Variance would not constitute a grant of special privileges
inconsistent with the limitations on other properties in the same vicinity
and zone in which the subject property is situated; and
Approving the Variance would not constitute a grant of special privileges
inconsistent with the limitations on other properties in the same vicinity and zone
in which the subject property is situated on a major commercial corridor. The flow
of traffic in the area, the medians in San Jacinto support the requested variance
without constituting a grant of special privileges.
The Project is designed and will be operated similarly to other neighboring
projects.
4. The requested Variance would not allow a use or activity that is not
otherwise expressly authorized by the regulations governing the subject
parcel.
The requested Variances would not allow a use or activity that is not otherwise
expressly authorized by the regulations governing the subject parcel as the
Project is permitted under the CG – Commercial General Zone and is designed
and will be operated similarly to other neighboring projects.
4.1.d
Packet Pg. 193 Attachment: Attachment 4 - Findings of Fact (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and
ATTACHMENT 1
Commonwealth Crossing
SPDR-17-11/PM-37407/CUP-17-06/VAR 17-04 Planning Commission Hearing April 16, 2018
MUP-17-06/MUP 17-07/MUP 17-08/CZ 17-03 Page 15 of 15
CHANGE OF ZONE (CZ-17-03) FINDINGS OF FACT:
1. The proposed Zoning Map amendment is consistent with the General Plan
and applicable specific plan;
The proposed Change of Zone is consistent with the General Plan, in that the
Community Commercial Land Use Designation includes both the current
Commercial Neighborhood Zone and proposed Commercial General Zone.
There is not a specific plan for this location.
2. The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City;
The proposed Change of Zone and Project promotes the growth of the City
consistent with the City’s Development Code and General Plan . The Change of
Zone will facilitate commercial development along San Jacinto Avenue, as
envisioned by the General Plan. As the project is conditioned, it will not adversely
affect the public convenience, health, interest, safety or general welfare.
3. The affected site is physically suitable in terms of design, location, shape,
size, operation characteristics, and the provision of 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.), to ensure that the requested zoning
designation and the proposed or anticipated uses and/or development will
not endanger, jeopardize, or otherwise constitute a hazard to the property
or improvements in the vicinity in which the property is located;
The site is physically suitable for development, as it is generally flat, rectangular,
of adequate size for commercial development, and can utilize the signalized
intersection at San Jacinto and Commonwealth Avenues . Adequate City
infrastructure exists to support the project site and projects will be conditioned to
ensure that their design accommodates and provides for public and emergency
vehicles including solid waste haulers, City crews, and other service and utility
providers, as not to constitute a hazard.
4.1.d
Packet Pg. 194 Attachment: Attachment 4 - Findings of Fact (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and
ATTACHMENT 7
ZC-17-01 Conditions of Approval Page 1 of 2 Planning Commission December 11, 2017
CONDITIONS OF APPROVAL
ZONE CHANGE
ZC-17-03
PLANNING COMMISSION HEARING DATE: April 16, 2018
CITY COUNCIL HEARING DATE: Tentatively planned – May 15, 2018
APPLICANT: MW Advantage 1, LLC
26400 La Alameda, Suite 100
Mission Viejo, CA 92691
(949) 680-4300 Phone
office@coast2coastcommercial.com
PROJECT LOCATION: West side of San Jacinto Avenue at the terminus of Com-
monwealth Avenue, (439-120-042).
ACCEPTED AND AGREED TO BY:
Devon Wesselink Date
GENERAL CONDITIONS:
PLANNING DIVISION
General Provisions
1. The approval of this Project Change of Zone (CZ-17-03) and related cases
SPDR-17-10, PM-37407, CUP-17-06, MUP-17-06, MUP-17-07, MUP-17-08, and
VAR-17-04 is to change the Zoning from Commercial Neighborhood to Comme r-
ical General and all other Development Code and Subdivision Code require-
ments.
2. The effective date of this Zone Change will be on the 31st day following its ap-
proval by the City Council.
3. The Zoning of CG – Commercial General shall be applied to APN 439-120-042.
4. The applicant is advised that the commercial uses, which this Project is granted
cannot be legally conducted on the subject property until all Conditions of Ap-
proval of the Project cases SPDR-17-10, PM-37407, CUP-17-06, MUP-17-06,
MUP-17-07, MUP-17-08, and VAR-17-04, and CZ-17-03 have been met to the
satisfaction of the Planning Department.
5. The applicant agrees to indemnify, hold harmless, and defend the City, its off i-
cials, 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
4.1.e
Packet Pg. 195 Attachment: Attachment 5 - Change of Zone Conditions of Approval (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06,
ATTACHMENT 7
ZC-17-01 Conditions of Approval Page 2 of 2 Planning Commission December 11, 2017
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. Upon City Council approval, the applicant shall submit a check to the City, paya-
ble to Riverside County, in the amount of the current fee requirements, for pay-
ment of State Fish and Game fees and County documentary handling fee in con-
junction with the filing of a Notice of Determination. 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.
4.1.e
Packet Pg. 196 Attachment: Attachment 5 - Change of Zone Conditions of Approval (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06,
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AutoZone
Chase Bank
Burger King
Bank of Hemet
Wal-Mart #5425
Wendy's #10660
Rite Aide #6293
Golden Chipstix
Walgreens #09021
Blue Fountain Park
El Pollo Loco #6036
San Jacinto Dental Gp
Stater Bros Market #121
GIRARDSAN JACINTOLA ENTRADA
COMMONWEALTH
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS UserCommunity
O SPDR 17-11Location Map
Subject Site
ATTACHMENT 8
4.1.f
Packet Pg. 197 Attachment: Attachment 8 - Aerial Location Map (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04,
GIRARDESPLANADE
SAN JACINTOLA ENTRADA
COMMONWEALTH
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS UserCommunity
O SPDR 17-11General Plan Map
Subject Site
GPLU
Medium Density Residential
High Density Residential
Very High Density Residential
Community Commercial
ATTACHMENT 9
4.1.g
Packet Pg. 198 Attachment: Attachment 9 - General Plan Map (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04,
GIRARDSAN JACINTOLA ENTRADA
COMMONWEALTH
CG
RM
CN
RVH
RMH
O SPDR 17-11Zoning Map
Subject Site
SPDR 17-11Propsed ZoningCG (Commercial General)
Commercial General
Commercial Neighborhood
Residential Medium
Residential Medium High
Residential Very High
Urban Corridor Combining Overlay Zone
ATTACHMENT 10
4.1.h
Packet Pg. 199 Attachment: Attachment 10 - Zoning Map (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and CZ-
4.1.iPacket Pg. 200Attachment: Attachment 11 - Site Plan (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and CZ-17-03))
4.1.jPacket Pg. 201Attachment: Attachment 12 - Phasing Plan (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and CZ-17-03))
1
2
3
4
5
COMMONWEALTH AVE
SAN JACINTO AVEZONE: RM
APN 439-111-012
APN 439-120-025ZONE: RMEXIST. RESIDENTIALAPN 439-120-026ZONE: RMHEXIST. APARTMENTSAPN 439-120-032
ZONE: RMH
VACANT LAND VACANT LAND
ZONE: CN
APN 439-120-032 1
:
1
(
1
:
1
(
1
:
1
:841.07'1
:
1
:
323'240'16'173'21'
114'322'126'
17'66'211'323'26'285'210'117'284'258'210'0.52 AC NET
LOT 'A'
143'107'240'
258'189'
189'374'
12,000 SF
MAJOR B
24,000 SF
RETAIL
OFFICE /
2,720 SF
SONIC
TDO NOT ENTERDRIVE THRUDO NOT ENTEREXISTING MOBILE HOME PARK
(62.0)(63.0)(64.0)(65.0)(66.0)(67.0)(68.0)(62.0)VACANT LAND0.5%1.2%
1.0%TC67.0TC67.2TC67.3TC67.51%
1%
TC
67.3
FL
67.0 TC68.0TC68.2TC68.3TC68.5TC68.5TC68.9TC68.81%
1%
2.0%1%2%TC70.1(69.0)(70.0)TC70.3TC
70.5
TC
70.9
TC
71.0
FF 70.6
1.7%1%MIN.(64.0)(65.0)(66.0)(68.0)(70.0)(76.0)(72.0)(71.0)(69.0)(67.0)1%MIN.1%MIN.(61.0)(63.0)P
SUMP PUMP,
DISCHARGE TO EXIST.
CONC. CHANNEL
MAX Q OUT = 0.45cfs
BR BASIN OVERFLOW
TO DETENTION BASIN
BASIN
BOTT. ELEV =
1556.0
DETENTION
BR BASIN OVERFLOW
TO DETENTION BASIN
COMMONWEALTH AVE
SAN JACINTO AVE(TC 7
4.
0)(FL 73.
3)(1.1%)(TC 7
6.
0)(FL 75.
3)
(T
C
7
2
.
6
)
(F
L
7
1
.
9
)(TC 71.3)(FL 70.6)TC
65.5
TC
64.0
1.2%
0.7
65.5
TC
TC
65.3
TC
65.6
TC
66.0
TC
66.3
66.6
TC
67.0
TC
66.2
TC
65.4
TC
0.5%1.1%
FF = 67.0
68.0
TC1.0%1.7%1%65.3
TC
1.0%
1.0%
MIN
1.0%
MIN
MIN
TC
63.8
FF = 67.3
TC
64.0
T
C
62
.
8
1.5%
T
C
6
5
.
4
63.8
TC
T
C
6
3
.
3
1.2%
1.2%T
C
6
4
.
2
TC
66.7
1.4%
2
.
7%
1.1%
GRD
BRK.
CURB OPENINGS
FOR DRAINAGE
GRD
BRK.285'PARCEL 3 PARCEL 1
1.16 AC NET
1.22 AC GROSS
PARCEL 2
1.69 AC NET
1.80 AC GROSS
1.23 AC NET
PARCEL 4
3.16 AC NET
PARCEL 5
SHTS
SHEET NO.:
OF
APPROVED BY:
PREPARED BY:
DATE
EXP. DATE
EXP. DATE
DATE
BENCHMARK
CITY OF SAN JACINTO
1
1
Park City, UT 84098, 5133 Cove Canyon Dr, #302, Phone (801)859-9755, Fax (801)261-2219
Hemet, CA. 92544, 41555 E Florida Ave., Suite G, Phone (951)658-1727 Fax (951)658-9347
CIVIL ENGINEERING#BLAINE A. WOMER
1"=30
SEPTEMBER, 2017
TENTATIVE PARCEL MAP NO. 37407
IN THE CITY OF SAN JACINTO
TENTATIVE PARCEL MAP NO. 37407
R.C.E. NO. 46354
BLAINE A. WOMER
COMMONWEALTH CROSSING
1" = 40'
1. AN EASEMENT GRANTED TO THE THE SAN JACINTO VALLEY WATER COMPANY FOR A CEMENT
DITCH, RECORDED APRIL 7, 1906 IN BOOK 221, PAGE 332 OF DEEDS, OF OFFICIAL RECORDS.
TO BE QUITCLAIMED.
2. AN EASEMENT GRANTED TO FRUITVALE MUTUAL WATER COMPANY FOR PIPELINES TOGETHER
WITH RIGHTS OF INGRESS AND EGRESS, RECORDED FEBRUARY 28, 1931 IN BOOK 11, PAGE 359
OF OFFICIAL RECORDS. TO BE QUITCLAIMED.
3. C/L OF AN EASEMENT GRANTED TO NEVADA-CALIFORNIA ELECTRIC CORPORATION FOR POLE
LINES, CONDUITS OR UNDERGROUND FACILITIES, RECORDED NOVEMBER 20, 1939 IN BOOK 440,
PAGE 51 OF OFFICIAL RECORDS. TO REMAIN.
4. AN EASEMENT GRANTED TO EASTERN MUNICIPAL WATER DISTRICT FOR PIPE LINES, RECORDED
AUGUST 21, 1981 AS INSTRUMENT No. 159444 OF OFFICIAL RECORDS. TO REMAIN.
5. AN EASEMENT GRANTED TO SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION FOR
EITHER OR BOTH POLE LINES, CONDUITS OR UNDERGROUND FACILITIES, RECORDED OCTOBER 1,
1981 AS INSTRUMENT No. 185139 OF OFFICIAL RECORDS. TO REMAIN.
EASEMENT NOTES
0 40 80 120
COMMONWEALTH CROSSING
DATE PREPARED: SEPTEMBER, 2017
ACCESS NOTE: ACCESS TO ALL PARCELS TO BE PROVIDED THROUGH
RECIPROCAL ACCESS EASEMENTS PROVIDED IN THE PROJECT
CONDITIONS COVENANTS AND RESTRICTIONS (CC&Rs)
33'
A.C. PAVEMENT
C&G
55'
R/W
EXISTING SECTION
SAN JACINTO STREET
23'12'
R/W
EXIST.
SIDEWALK
EXISTING
MEDIAN
67'
EXIST.
EXIST.
6'
EXIST./PROP.
SIDEWALK
88'
56'
19'
SETBACK
LANDSCAPE
C&G
EXIST.
APPLICANT
MW VANTAGE1, LLC
26400 LA ALAMEDA, SUITE 100
MISSION VIEJO, CA 92691
(949) 680-4300
OWNERS
CANON LIVING TRUST
16902 MARINA BAY DRIVE
HUNTINGTON BEACH, CA 92649
(562) 331-0074
ASSESSOR'S PARCEL NO.
439-120-042
ADJACENT LAND USE
NORTH RESIDENTIAL MOBILE HOME
SOUTH VACANT/STORAGE
EAST COMMERCIAL
WEST RESIDENTIAL
-
-
-
-
ZONING
RM
CN/RMH
CG
RM/RMH
EXISTING LAND USE
COMMUNITY COMMERCIAL-
PROPOSED LAND USE
COMMUNITY COMMERCIAL
EXISTING ZONING
CN
PROPOSED ZONING
CG
PROPERTY DESCRIPTION
THE SOUTH 165 FEET OF FAR LOT 77 AND THE NORTH HALF
OF FARM LOT 79 OF THE SAN JACINTO LAND ASSOCIATION
AS SHOWN BY MAP ON FILE BOOK 8, PAGE 357 OF MAPS
SAN DIEGO CO. RECORDS.
EXCEPT THEREFROM THE WEST 450 FEET, MEASURED FROM THE
CENTERLINE OF SANTA FE STREET.
NUMBER OF PARCELS
5 AND 1 LETTERED LOT (LOT A) FOR PROJECT DRAINAGE.
AREA
9.51 AC GROSS
9.32 AC NET
SOURCE OF TOPOGRAPHY
AERIAL SURVEY BY INLAND AERIAL
SURVEYS. DATED 8-15-17
FLOOD ZONE
ZONE X
COMMUNITY PANEL NO. 06065C1490G
DATED: AUGUST 28, 2008
SCHOOL DISTRICT
SAN JACINTO UNIFIED
UTILITES
SEWER
WATER
GAS
ELECTRIC
TELEPHONE
CABLE
CITY OF SAN JACINTO
EASTERN MUNICIPAL WATER DISTRICT
SOUTHERN CALIFORNIA GAS COMPANY
EDISON CO.
FRONTIER
FRONTIER
-
-
-
-
-
-
BRODIE SAN JACINTO INVESTMENTS, LLC
16675 HUERTA ROAD
ENCINO, CA 92436
(818) 694-0552
THE IMPERIAL CORONA, LLC
2747 PARADISE ROAD, UNIT 2702
LAS VEGAS, NV 79101
(818) 585-5580
GONDA TRUST
767 ROSARITA DRIVE
FULLERTON, CA 92835
(714) 488-4967
4.1.k
Packet Pg. 202 Attachment: Attachment 13 - TPM 37407 (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and CZ-17-03))
12,000 SF
MAJOR B
24,000 SF
RETAIL
OFFICE /
2,720 SF
SONIC
TDO NOT ENTERDRIVE THRUDO NOT ENTEREXISTING MOBILE HOME PARK
(62.0)(63.0)(64.0)(65.0)(66.0)(67.0)(68.0)(62.0)VACANT LAND0.5%1.2%
1.0%TC67.0TC67.2TC67.3TC67.51%
1%
TC
67.3
FL
67.0 TC
68.0TC68.2TC68.3TC68.5TC68.5TC
68.9TC68.81%
1%
2.0%1%2%TC
70.1(69.0)(70.0)TC70.3TC
70.5
TC
70.9
TC
71.0
FF 70.6
1.7%1%MIN.(64.0)(65.0)(66.0)(68.0)(70.0)(76.0)(72.0)(71.0)(69.0)(67.0)1%MIN.1%MIN.(61.0)(63.0)P
SUMP PUMP,
DISCHARGE TO EXIST.
CONC. CHANNEL
MAX Q OUT = 0.45cfs
BR BASIN OVERFLOW
TO DETENTION BASIN
BASIN
BOTT. ELEV =
1556.0
DETENTION
BR BASIN OVERFLOW
TO DETENTION BASIN
COMMONWEALTH AVE
SAN JACINTO AVE(TC 7
4.
0)(FL 73.
3)(1.1%)(TC 7
6.
0)(FL 75.
3)
(T
C
7
2
.
6
)
(F
L
7
1
.
9
)(TC 71.3)(FL 70.6)TC
65.5
TC
64.0
1.2%
0.7
65.5
TC
TC
65.3
TC
65.6
TC
66.0
TC
66.3
66.6
TC
67.0
TC
66.2
TC
65.4
TC
0.5%1.1%
FF = 67.0
68.0
TC1.0%1.7%1%65.3
TC
1.0%
1.0%
MIN
1.0%
MIN
MIN
TC
63.8
FF = 67.3
TC
64.0
T
C
6
2
.
8
1.5%
T
C
6
5
.
4
63.8
TC
T
C
63
.
3
1.2%
1.2%T
C
64
.
2
TC
66.7
1.4%
2
.
7%
1.1%
GRD
BRK.
CURB OPENINGS
FOR DRAINAGE
GRD
BRK.
SHTS
SHEET NO.:
OF
APPROVED BY:
PREPARED BY:
DATE
EXP. DATE
EXP. DATE
DATE
BENCHMARK
CITY OF SAN JACINTO
1
1
Park City, UT 84098, 5133 Cove Canyon Dr, #302, Phone (801)859-9755, Fax (801)261-2219
Hemet, CA. 92544, 41555 E Florida Ave., Suite G, Phone (951)658-1727 Fax (951)658-9347
CIVIL ENGINEERING#BLAINE A. WOMER
1"=30
JANUARY, 2017
FOR
CONCEPTUAL GRADING PLAN
IN THE CITY OF SAN JACINTO
CONCEPTUAL GRADING PLAN
R.C.E. NO. 46354
BLAINE A. WOMER COMMONWEALTH CROSSING
1" = 40'
1. AN EASEMENT GRANTED TO THE THE SAN JACINTO VALLEY WATER COMPANY FOR A CEMENT
DITCH, RECORDED APRIL 7, 1906 IN BOOK 221, PAGE 332 OF DEEDS, OF OFFICIAL RECORDS.
TO BE QUITCLAIMED.
2. AN EASEMENT GRANTED TO FRUITVALE MUTUAL WATER COMPANY FOR PIPELINES TOGETHER
WITH RIGHTS OF INGRESS AND EGRESS, RECORDED FEBRUARY 28, 1931 IN BOOK 11, PAGE 359
OF OFFICIAL RECORDS. TO BE QUITCLAIMED.
3. C/L OF AN EASEMENT GRANTED TO NEVADA-CALIFORNIA ELECTRIC CORPORATION FOR POLE
LINES, CONDUITS OR UNDERGROUND FACILITIES, RECORDED NOVEMBER 20, 1939 IN BOOK 440,
PAGE 51 OF OFFICIAL RECORDS. TO REMAIN.
4. AN EASEMENT GRANTED TO EASTERN MUNICIPAL WATER DISTRICT FOR PIPE LINES, RECORDED
AUGUST 21, 1981 AS INSTRUMENT No. 159444 OF OFFICIAL RECORDS. TO REMAIN.
5. AN EASEMENT GRANTED TO SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION FOR
EITHER OR BOTH POLE LINES, CONDUITS OR UNDERGROUND FACILITIES, RECORDED OCTOBER 1,
1981 AS INSTRUMENT No. 185139 OF OFFICIAL RECORDS. TO REMAIN.
EASEMENT NOTES
0 40 80 120
COMMONWEALTH CROSSING
ESPLANADE AVENUE
ESPLANADE AVENUE
SAN JACINTO AVENUECOMMONWEALTH AVENUE
GIRARD ST. HEWITT ST.HEWITT ST.SITESAN J
A
CI
NT
O
VICINITY MAP
NTS
CURB AND GUTTER
SIDEWALK
EDGE OF DIRT
EDGE OF ASPH.
EDGE OF CONC.
FIRE HYDRANT
FENCE
STANDPIPE
MANHOLE
DROP INLET
VAULT
POWER POLE
STREET LIGHT
POWER POLE
STREET LIGHT
MISCELLANEOUS UTILITIES
STOP LIGHT
GUY WIRE
SP
SIGN
LEGEND
WATER LINE (SIZE NOTED)
GAS LINE (SIZE NOTED)
ELECTRIC LINE
STORM DRAIN (SIZE NOTED)
SEWER LINE (SIZE NOTED)
PROPOSED ASPHALT SURFACE
PROPOSED CONCRETE SURFACE
33'
A.C. PAVEMENT
C&G
55'
R/W
EXISTING SECTION
SAN JACINTO STREET
23'12'
R/W
EXIST.
SIDEWALK
EXISTING
MEDIAN
67'
EXIST.
EXIST.
6'
EXIST./PROP.
SIDEWALK
88'
56'
19'
SETBACK
LANDSCAPE APPLICANT
MARK R. COOPER
PAGE PLAZA PARTNERS, LLC
38011 STONE MEADOW DRIVE
MURRIETA, CA. 92562
(951) 643-4711
OWNER
FERNANDO B. CANON & ADELIA M. CANON, TRUSTEES FOR THE CONON
LIVING TRUST DATED APRIL 8, 1987, AS TO AN UNDIVIDED 30% INTEREST.
JULIUS STEVE BRODIE & GLORIA JEAN BRODIE, TRUSTEES OF THE BRODIE
LIVING TRUST DATED DEC. 1, 1983 AS TO AN UNDIVIDED 25% INTEREST.
FRANCISCO G. GONDA & ETHELREDE S. CONZA, AS CO-TRUSTEES
OF THE GONDA TRUST DATED JUNE 23, 1988, AS TO AN UNDIVIDED
15% INTEREST.
THE IMPERIAL CORONA, LLC, AS TO AN UNDIVIDED 30% INTEREST.
ASSESSOR'S PARCEL NO.
439-120-042
PROPERTY DESCRIPTION
THE SOUTH 165 FEET OF FAR LOT 77 AND THE NORTH HALF
OF FARM LOT 79 OF THE SAN JACINTO LAND ASSOCIATION
AS SHOWN BY MAP ON FILE BOOK 8, PAGE 357 OF MAPS
SAN DIEGO CO. RECORDS.
EXCEPT THEREFROM THE WEST 450 FEET, MEASURED FROM THE
CENTERLINE OF SANTA FE STREET.
AREA
9.51 AC GROSS
9.10 AC NET
SOURCE OF TOPOGRAPHY
AERIAL SURVEY BY INLAND AERIAL
SURVEYS. DATED 8-15-17
12"
TYP
6" PLANTER
CURB
CURB CUT EVERY
OTHER SPACE ALONG
BIORETENTION BASIN
TYPICAL CURB CUT DETAIL
NTS
C&G
EXIST.
4.1.l
Packet Pg. 203 Attachment: Attachment 14 - Preliminary Grading Plan (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and CZ-17-03))
4.1.m
Packet Pg. 204 Attachment: Attachment 15 - Sonic Elevations (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and CZ-17-03))
4.1.m
Packet Pg. 205 Attachment: Attachment 15 - Sonic Elevations (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and CZ-17-03))
4.1.m
Packet Pg. 206 Attachment: Attachment 15 - Sonic Elevations (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and CZ-17-03))
4.1.n
Packet Pg. 207 Attachment: Attachment 16 - 7-Eleven Elevations (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and CZ-17-03))
4.1.n
Packet Pg. 208 Attachment: Attachment 16 - 7-Eleven Elevations (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and CZ-17-03))
4.1.n
Packet Pg. 209 Attachment: Attachment 16 - 7-Eleven Elevations (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and CZ-17-03))
4.1.o
Packet Pg. 210 Attachment: Attachment 17 - Carwash Elevations (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and CZ-17-03))
4.1.o
Packet Pg. 211 Attachment: Attachment 17 - Carwash Elevations (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and CZ-17-03))
36" HIGH
SCREEN
HEDGE
36" HIGH
SCREEN
HEDGE
PROJECT
SIGNAGE
PROJECT
SIGNAGE
ENTRY
ACCENT TREE
PARKING LOT
SHADE TREE
ACCENT TREE
PERIMETER
SCREENING TREE
STREET
TREE
SAN JACINTO STREET63
24,000 SF
OFFICE/
RETAIL
PARCEL 5
3.42 AC (149,132 SF±)
PARCEL 3
1.63 AC (71,093 SF±)
2,720 SF
SONIC
T
33
PARCEL 1
1.09 AC (47,509 SF±)
PARCEL 2
1.43 AC (62,371 SF±)
32
DETENTION
BASIN
4,968 SF
7-ELEVENDO NOT ENTERDRIVE THRUDO NOT ENTERN 89°57'03" W 846.06'
N 89°57'58" W 846.07'
MODIFY (E)
TRAFFIC SIGNAL
PROPOSED LEFT
TURN LANE
PARCEL 4
1.22 AC (53,064 SF±)
3 3,590 SFCARWASHALIGN
RM ZONE
(EXISTING RESIDENTIAL)RM ZONE(EXISTING RESIDENTIAL)CN ZONE
(VACANT)
RMH ZONE
(EXISTING RV STORAGE)
P
BIORETENTION
BASIN
SITE
ELECTRICAL
PEDESTAL
PARCEL 6
0.52 AC (22,858 SF±)
12,000 SF
RETAIL
144
8' CMU WALL
(E) 6' CMU WALL
TO REMAIN
6' HIGH TUBULAR
STEEL FENCE
PLANT PALETTE
SYMBOL BOTANICAL NAME COMMON NAME SIZE
TREES
Sapium sebiferum Chinese Tallow 24" Box M
100% OF TREES SHALL BE PLANTED AT 24" BOX SIZE MINIMUM. 30% OF TREES SHALL BE 36" BOX OR LARGER
WUCOLS
Brachychiton populneus Bottle Tree 24" Box M
Pyrus calleryana 'Aristocrat'Callery Pear 36" Box M
Lagerstroemia indica Crape Myrtle 24" Box M
Coprosma x kirkii
SHRUBS
NCN 1 Gal
Rosa 'White Meidland'Groundcover Rose 5 Gal
M
M
VINES
Dietes vegeta Fortnight Lily 5 Gal M
Ligustrum japonicum 'Texanum'Texas Privet 5 Gal M
80% OF SHRUBS (MINIMUM) SHALL BE INSTALLED AT 5 GALLON SIZE. SHRUBS SHALL BE PLACED AT A MAXIMUM OF 36"
APART ON AVERAGE
Parthenocissus tricuspidata Boston Ivy 5 Gal M
Myrtus communis 'Compacta'Dwarf Myrtle 5 Gal M
Rhaphiolepis indica 'Indian Princess'Indian Hawthorne 5 Gal M
SYMBOL BOTANICAL NAME COMMON NAME SIZE WUCOLS
HARDSCAPE LEGEND
SYMBOL MATERIAL
NATURAL GREY CONCRETE
MEDIUM BROOM FINISH
Compact Texas Ranger LLeucophyllum frutescens 'Compacta'5 Gal
Salvia leucantha 'Santa Barbara'Mexican Sage 5 Gal L
Carex pansa California Meadow Sedge 1 Gal M
Festuca mairei Atlas Fescue 1 Gal M
Photinia x fraseri Fraser's Photinia 5 Gal M
Westringia fruticosum Coast Rosemary 5 Gal L
Nerium oleander Oleander 5 Gal L
LANDSCAPE NOTES
LANDSCAPE CALCULATIONS:
SITE AREA (GROSS): 401,121 SF
LANDSCAPE AREA: 94,991 SF
LANDSCAPE PERCENTAGE: 23.7%
1.LANDSCAPE PLANS AND INSTALLATIONS SHALL COMPLY
WITH CITY OF SAN JACINTO CODES, ORDINANCES, AND
LANDSCAPE DESIGN GUIDELINES AS APPLY TO PLANTING
DESIGN AND IRRIGATION.
2.VINES OR OTHER LANDSCAPE SCREENING SHALL BE
PLANTED AROUND TRASH ENCLOSURES .
3.LANDSCAPE SCREENING SHALL BE PROVIDED FOR ANY
ABOVE GROUND EQUIPMENT.
4.LANDSCAPE ONSITE SHALL BE PERMANENTLY MAINTAINED
BY THE DEVELOPER OR HIS SUCCESSORS.
5.PARKWAYS AND MEDIANS SHALL BE MAINTAINED BY
CFD/LMD.
6.PLANT SPECIES HEREIN MAY BE ADDED OR REMOVED
DURING THE CONSTRUCTION DOCUMENT PHASE SUBJECT
TO APPROVAL BY THE CITY OF SAN JACINTO.
MAXIMUM ANNUAL WATER ALLOWANCE
MAWA = (Eto) (0.62) ((0.45) (LA) + (0.3) (SLA)) = GAL/YR
MAWA = (56.65) (0.62) ((0.45) (94,991 SF) + (0.3) (0)) = 1,501,366 GAL/YR
IRRIGATION SYSTEM DESIGN STATEMENT
A PERMANENT AUTOMATIC IRRIGATION SYSTEM SHALL BE DESIGNED AND INSTALLED TO IRRIGATE ALL PLANTING
AREAS. THE DESIGN OF THE IRRIGATION SYSTEM SHALL EMPHASIZE WATER CONSERVATION AND PROVIDE EFFICIENT
AND UNIFORM DISTRIBUTION OF IRRIGATION WATER.
IN PLANTERS WHERE APPROPRIATE, DRIP AND/OR BUBBLER IRRIGATION, OR OTHER LOW-VOLUME, LOW-PRESSURE,
MICRO-IRRIGATION SYSTEM MAY BE INSTALLED TO PROVIDE WATER DIRECTLY TO THE ROOT ZONE OF PLANTS. THE
SYSTEM MAY UTILIZE EFFICIENT ROTATOR NOZZLES IN LARGER PLANTING AREAS. THE AUTOMATIC IRRIGATION
SYSTEM SHALL BE DESIGNED IN ACCORDANCE WITH CITY OF SAN JACINTO ORDINANCES.
WHERE POTABLE WATER IS USED FOR IRRIGATION, A REDUCED PRESSURE BACKFLOW PREVENTER SHALL BE
INSTALLED AS PART OF THE IRRIGATION SYSTEM TO PROTECT THE POTABLE WATER SUPPLY IN ACCORDANCE WITH
STATE OF CALIFORNIA, CITY OF SAN JACINTO AND LOCAL WATER DISTRICT STANDARDS AND REQUIREMENTS.
EAWU = (Eto) (0.62) (PF) (LA) = GAL/YR
EAWU = (56.65) (0.62) (0.4) (94,991 SF) = 1,334,548 GAL/YR
ESTIMATED ANNUAL WATER USE
Bougainvillea spp Bougainvillea 5 Gal L
Coprosma repens 'Marble Queen'Mirror Plant 5 Gal M
Daylily MHemerocallis hybrids 5 Gal
Liriope muscari Big Blue Lily Turf 1 Gal M
Lophostemon confertus Brisbane Box 24" Box M
TOTAL PARKING SPACES: 275
PARKING LOT SHADE TREES REQUIRED: 46
PARKING LOT SHADE TREES PROPOSED: 82
- Per San Jacinto Parkway and Median Master Plan
Myoporum parvifolium Creeping Myoporum 1 Gal L
Escallonia 'Compakta'Compact Escallonia 1 Gal M
Phormium tenax New Zealand Flax 5 Gal M
Pittosporum tobira 'Variegata'Varigated Mock Orange 5 Gal M
Xylosma congestum 'Compacta'Compact Xylosma 5 Gal M
SCALE: 1" = 40.00'
0 40'20'80'
MW VANTAGE 1, LLC
26400 LA ALAMEDA, SUITE 100
MISSION VIEJO, CA 92691
949.680.4300
C
3 OVERTURE
ALISO VIEJO, CA 92656
T 949.344.2710
F 949.344.2720
PIERCE
GK PIERCE ARCHITECTS, INC. 2017C
G
KPG
K
A R C H I T E C T S
PROJECT
NORTH
TRUE
NORTH
CONCEPTUAL
LANDSCAPE PLAN
SCHEME W
VERSION 5
COMMONWEALTH CROSSING
SAN JACINTO, CALIFORNIA
GKPA PROJECT #14119.01
5 APRIL 2018
COMMONWEALTH CROSSING
SAN JACINTO, CA
LANDSCAPE ARCHITECTURE
2523 ANTLERS WAY, SAN MARCOS, CA 92078
P: 805.440.8047
SITE PLANNING
Pacific Landscape Studio
PLS PROJECT #17012.1
4.1.p
Packet Pg. 212 Attachment: Attachment 18 - Conceptual Landscape Plan (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and CZ-17-03))
Ê
Ê
Ê
Ê
Ê
Ê
Ê
043508
043507
043512
Cardenas
Aldi Market
Rite Aid 6293
Walgreens 09021
Wal Mart Store 5425
7 Eleven Store 2171
Stater Bros Market 121
ESPLANADE
SANTA FEGIRARDSAN JACINTOCOMMONWEALTH
LA ENTRADA
INDEPEN
D
E
N
C
E
ALTA VISTA
OAKWOODCOMMERCE CONGRESSBUENA VISTARAYAHANCOCKESPLANADE
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community
O SPDR 17-11ABC Map
Subject Site
100'
600'
1000'
ATTACHMENT 19 4.1.q
Packet Pg. 213 Attachment: Attachment 19 - Radii Map for Alcohol Sales (Commonwealth Crossing (SPDR-17-11, PM-
April 10, 2018
To: Mary Lanier
Planning Consultant
City of San Jacinto Community Development Department
Re: San Jacinto & Commonwealth 7-Eleven Beer & Wine Sales
Dear Ms. Lanier:
7-Eleven is excited with having another successful store in the City of San Jacinto. Below is a
list of facts that we ask you to consider for your approval of our conditional use permit to sell
beer and wine.
Our goal is to provide this public convenience in such a way that:
a.It will not be a source of disruptive behavior.
b. It will not be detrimental to the public health, safety or welfare.
c.It will not cause a burden on existing law enforcement or create a public nuisance
problem in the surrounding areas.
d. It will be consistent with the objectives, policies, general land uses, and programs of the
general plan and municipal code of San Jacinto, CA.
7-Eleven must be a designated length away, property line to property line, from certain uses and
sites. 7-Eleven must be 600 feet from an existing place of worship, schools, and parks. 7-Eleven
must also be 100 feet from existing residential uses or land that is zoned for residential uses.
Additionally, the 7-Eleven must be 1000 feet from existing parolee-probationer homes,
emergency shelters, supportive housing, or transitional housing.
a.The nearest school, Hyatt Preschool, is approximately 4,752 feet from the site.
b. The nearest church, Diamond Valley Community Church, is approximately 3,168
feet from the site.
c.The nearest park, Searl Youth Sports Park, is approximately 2,200 feet from the
site.
d. The nearest tract for residential uses/zoning areas is, Blue Fountain Mobile Home
Park, which is approximately over 158 feet from the site.
e.The nearest existing parolee-probationer homes, emergency shelters, supportive
housing, or transitional housing is the, Valley Restart Shelter, which is
approximately 7,392 feet from the site.
ATTACHMENT 20
4.1.r
Packet Pg. 214 Attachment: Attachment 20 - Applicants PCorN Findings (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08,
2. The 7-Eleven site must be fully visible from a public street with an unobstructed view
from the public street for public safety.
a. The 7-Eleven site has clear visibility from surrounding public streets, San Jacinto
Avenue and E Commonwealth Avenue. Given that the site is located on the corner
near a commercial plaza, it has an unobstructed view from the public street to ensure
public safety. Per aerial image below, the site is fully visible for the public eye to see.
3. The proposed use will not be detrimental to surrounding properties and neighborhoods, as
it will be ensured that the use does not contribute to loitering, public drunkenness or
noise. Additionally, the site shall not obstruct pedestrian and vehicular traffic, parking,
crime, interference with pedestrian corridors used by children, defacement and/or damage
to surrounding structures.
a. Per the San Jacinto Municipal Code, the owner will post a sign to indicate that it is
unlawful to consume alcoholic beverages in a public place.
b. As stated in the San Jacinto Municipal Code, “No Loitering” signs will be posted
and actively enforced. The licensee shall regularly police the area under its control
to prevent the loitering of persons about the premises. 7-Eleven will ensure to
enforce its own internal program to deter loitering which includes but is not limited
to: training store personnel on how to administer loiters and ask them to leave
unproblematically, ensure the surrounding vicinity maintains unobstructed lines of
sight so that external activity can be easily monitored, and ensure the store
front/back, parking lot and surrounding sidewalks are well-lit and litter-free.
4.1.r
Packet Pg. 215 Attachment: Attachment 20 - Applicants PCorN Findings (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08,
c. The owner and management shall educate the public regarding driving under the
influence of intoxicating beverages, driving with open containers and the penalties
associated with the violation of each of these laws. This will be facilitated by
posting signage, decals and other brochures at points of purchases.
d. As stated in San Jacinto Municipal Code, the owner or operator of 7-Eleven shall
provide ABC approved or certified training for all employees who sell alcoholic
beverages within 30 days of opening for business, and all new employees thereafter
shall be trained within 30 days of the date of their employment. Through 7-Eleven’s
internal training program, all employees will be trained to control the sale of beer
and wine products, through the following methods (but not limited to): knowing the
applicable laws regarding beer and wine, the ability to identify minors through
ensuring ID-Checks are always conducted, refusing beer and wine sales to minors,
and maintaining constant cooperation with local law enforcement. Only after
employees have completed the internal training program will they be allowed to
work the cash register, and even then, employees must be re-certified annually.
e. As stated in California Business and Professions Code 23790.5 (d), Employees on
duty between the hours of 10 p.m. and 2 a.m. shall be at least 21 in order to sell beer
or wine. Employees on duty between the hours of 6 a.m. and 10 p.m. shall be at
least 18 in order to sell beer or wine. There will be no liquor sales between 2 a.m.
and 6 a.m.
f. As stated in California Business and Professions Code 23790.5 (d), no displays of
beer, wine or other alcoholic beverages shall be located within 5 feet of any
building entrance or checkout counter unless it is in a cooler.
g. No exterior advertising or signage of any kind or type promoting or indicating the
availability of alcoholic beverages shall be placed in windows or doors facing the
exterior of the store.
h. No display of beer or wine shall be made from an ice tub, barrel, or similar
container.
i. To further ensure crime is deterred and public safety is intact, 7-Eleven will enforce
their 30-plus year internal Crime-Deterrence Program. Per 7-Eleven’s Crime-
Deterrence Program, all employees will undergo internal training which includes
the teaching of (but not limited to): security procedures, proper store maintenance,
violence avoidance, and recommended behaviors for managing a robbery or other
potentially violent encounters. 7-Eleven’s Crime-Deterrence Program requires all
stores to locate cash registers in the front of the store, ensure the installation of
bright interior and exterior lighting, and keeping windows in front of the sales area
free of signs and merchandise so police and others can see inside. Another
4.1.r
Packet Pg. 216 Attachment: Attachment 20 - Applicants PCorN Findings (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08,
significant component of the program requires that employees keep no more than
$50 ($30 at night) in the cash register. Signs are also posted notifying would-be
culprits that less than $30 is kept in the cash register after dark and the fact store
staffers cannot open the safe.
j. As stated in San Jacinto Municipal Code, Surveillance cameras and equipment shall
be installed to record all purchases and attempted purchases of beer and wine
products in accordance with the specifications provided by local law enforcement.
The equipment shall be able to record a minimum of 24 hours of operation. The
facility operator shall maintain the recordings for the prior 30 days. Per 7-Eleven’s
Crime-Deterrence Program, each store includes camera systems featuring a 24-
hour, closed-circuit video camera with audio capabilities and a high-resolution color
monitor mounted in clear view of the customers.
k. As stated in San Jacinto Municipal Code, Lighting will provide illumination for the
security and safety of parking and access areas. The lighting shall be provided at a
level of no less than one foot-candle throughout in parking lots and access areas.
4. The proposed use will not adversely impact the suitability of adjacent commercially
zoned properties for commercial uses.
a. Per Census Tract 435.08, where the site is located, six (6) on-sale and four (4) off-
sale alcohol licenses are allowed.
b. Currently, the area only has four (4) active ABC license for the on-site sale of
alcohol in a public eating space.
c. There is an existing 7-11 within the same census tract. 7-11 is working with ABC
to transfer the Type 20 license from this location for the proposed store. This
action will result in no net increases to the ABC license in this census tract.
5. 7-11 locates all beer and wine as for from the front door as possible. At this location, the
five cooler doors located furthest from the front entrance is the proposed location for
beer/wine. Total shelve space for beer/wine sales is approximately 33 SF, or less than
5% of the total shelf space.
Thank you again for your time and consideration. We look forward to working with you on this
matter in any way we can. Please do not hesitate to contact myself via phone 714-560-8200 or
email: mmacfarland@tait.com
Sincerely,
Mike MacFarland
4.1.r
Packet Pg. 217 Attachment: Attachment 20 - Applicants PCorN Findings (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08,
4.1.s
Packet Pg. 218 Attachment: Attachment 21 - 7-Eleven Floor Plan with Alcohol Sales (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and CZ-17-03))
Description of the Sonic Drive-In Operation
Sonic Drive-In
SONIC, America's Drive-In (NASDAQ/SONC) is the nation’s largest chain of drive-in restaurants. Sonic started as a
hamburger and root beer stand in 1953 in Shawnee, Oklahoma, called Top Hat Drive-In, and then changed its name to
SONIC in 1959. The first drive-in to adopt the Sonic name is still serving customers in Stillwater, Oklahoma. Throughout
its 65-year history SONIC has enjoyed one of the highest customer frequency rates in the quick-service restaurant
industry.
Coast to Coast Commercial, LLC. Is the approved franchisee developer/operator for Sonic Drive-In restaurants
throughout Southern California.
More than a million customers eat at Sonic every day. For more than 60 years, Sonic Corp has built a dominate position
in the drive-in restaurant business. Sonic currently operates more than 3,500 drive-in’s specializing in made-to-order
food, and is known for its specialty menu items and unique drink combinations with a wide variety of frozen favorite
treats. You can order over a million drink combinations making Sonic your ultimate drink stop.
The new Sonic Drive-In restaurant will provide customers with a unique dining experience. Sonic's distinctive use of
drive-in stall speakers allows customers to place food orders without ever leaving their cars. The Sonic Drive-In will
provide drive-in stalls, handicap parking, indoor dining, outdoor patio dining, and drive-thru service as well.
Carhops
Personal carhop service is one of many reasons customers enjoy visiting Sonic Drive-In. Frequently seen spinning by on
roller skates, smiling carhops personally deliver orders right to customers’ cars and can provide correct change that is
always carried with them. What’s more, carhops check back to ensure a quality experience. Each customer receives a
mint with a drink, dessert or meal purchase – a tradition started by company founder Troy Smith Sr. to remind
customers they are worth a mint at Sonic.
In addition to carhops, we plan to hire from within the local community for other positions such as, kitchen crew and
management. We anticipate a full time staff of around 50 employees, with about 7-9 employees per shift.
Menu
Sonic's award-winning menu offers a variety of unique menu items made after you order. Sonic has one of the most
extensive and diverse menu’s in the Quick Service Restaurant industry. Unique menu items include TOASTER Sandwiches
(made with thick Texas toast), Extra-Long Chili Cheese Coney Hot Dogs, hand-battered Onion Rings, Tater Tots and a
plethora of drink and dessert choices, such as Cherry Limeades. Sonic has more than a million drink combinations,
making it Your Ultimate Drink Stop! Sonic’s diverse menu and large assortment of snack foods and drinks help evenly
spread the Sonic day part. This evenly spread demand gives the Sonic operation an edge when compared to other QSR’s.
Most other QSR’s experience heavy lunch and dinner rush times, often creating longer wait times and therefore
congestion.
ATTACHMENT 22
4.1.t
Packet Pg. 219 Attachment: Attachment 22 - Sonic Drive-Through Operatons (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08,
Drive-In Stalls
The Sonic Drive-In stall is covered with a canopy, and customers can pull into the drive-in stall and order at the digital
LED menu board located right at the driver side window. Once they are ready to order food or drinks, customers will
simply press a button on the menu board. A Sonic employee from inside the building will greet the customer and take
the order from a two way speaker located on the menu board.
To pay for the food, the customer can insert a credit card or a MySonic card into a built-in credit card reader on the
menu board. Currently mobile payment is being rolled out as well. After the payment is processed, the customer can
wait in the comfort of their car for their order to be delivered by a smiling carhop. If the customer would prefer to use
cash, a carhop will collect the money and give the customer the appropriate change at the time the food is delivered.
The carhop will deliver the order on roller skates to the car on window hanging trays, just like an old fashion drive-in.
After the customer has finished eating, the carhop will collect the tray and trash from the customer, which is part of
their job as a server.
The carhop service hours are 6 am – Midnight, every day of the week.
Inside/Patio Dining
Sonic Drive-In offers both inside dining and a small outdoor dining patio. Customers will place their order through the
front order counter inside the restaurant. The order is delivered to the customer’s table by a carhop.
The dining service hours are 6 am – Midnight, every day of the week.
Drive-thru Service
The drive-thru component is essential for the expansion of Sonic out West due to the fast-paced lifestyle associated with
California. Typical quick service restaurants with drive-thru in California generate 65 - 75% of their volume through the
drive-thru service. However, the Sonic drive-thru is unique due to the utilization of what is called the “bump out lane”.
Below is an example of how Sonic utilizes the “bump out lane”.
At other drive-thru restaurants, if a customer has a small order they may be stuck waiting in line behind a large order for
many minutes. At Sonic, we recognize the small orders that we can service quickly. If a small order such as a drink is
ready to be served to a car waiting in line, a carhop will come out of a special “bump out door” next to the pickup
window, the carhop will deliver the customer the small order, collect their money or credit card, and process the
transaction curbside. After the customer has received their order and any change, the customer can simply and
cautiously pull their car out of the drive-thru lane into the adjacent “bump out lane” (with the assistance of the carhop)
and exit the property. With this “bump out lane” service we are able to increase the speed of service and therefore
increase the drive-thru stacking potential by moving cars through the drive-thru at a much quicker pace. This is just
another unique feature to Sonic Drive-In!
The drive thru service hours are 6 am – Midnight, during the weekdays, and open 24 Hours on the weekend.
4.1.t
Packet Pg. 220 Attachment: Attachment 22 - Sonic Drive-Through Operatons (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08,
ATTACHMENT 23
PROJECT SITE PHOTOS
Photo of Project Site (west) from across San Jacinto Avenue
Photo of Project Site (west) from San Jacinto Avenue and Commonwealth Avenue Intersection
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Packet Pg. 221 Attachment: Attachment 23 - Project Site Photos (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04,
ATTACHMENT 30
Photo of Project Site Frontage from San Jacinto Avenue (south) at Commonwealth Avenue
Photo of Project Site Frontage (north) from San Jacinto Avenue toward Commonwealth Avenue
Intersection
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Packet Pg. 222 Attachment: Attachment 23 - Project Site Photos (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04,
ATTACHMENT 30
Photo from Project Site (east) to Commonwealth Avenue and Adjacent Commercial
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Packet Pg. 223 Attachment: Attachment 23 - Project Site Photos (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04,
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 1
ENVIRONMENTAL ASSESSMENT
FORM
INITIAL STUDY (IS)
1.Case Number(s):SPDR-17-11 – Site Plan Design Review
CZ-17-03 – Change of Zone to Commercial General
PM-37407 – Tentative Parcel Map
CUP-17-06 – Conditional Use Permit – 7 Eleven
VAR-17-04 – Alcohol Sales w/in 1,000 feet
MUP-17-06 – Minor Use Permit – Fast Food w/Drive
MUP-17-07 – Minor Use Permit – Car Wash
MUP-17-08 – Minor Use Permit – Tire Store
2.Project Title:Commonwealth Crossing (Project)
3.Public Comment Period: March 23, 2018 – April 11, 2018
4.Lead Agency:City of San Jacinto
Planning Department
595 S. San Jacinto Avenue
San Jacinto, CA 92583
http://www.ci.san-jacinto.ca.us/city-
govt/departments/planning-environmental-docs.html
5.Contact Planner:Tammy Figueroa
City of San Jacinto
595 S. San Jacinto Avenue
San Jacinto, CA 92583
(951) 654-7337 – Phone
(951)654-3728 – Fax
tfigueroa@sanjacintoca.us
6.Prepared By:Diane Jenkins, AICP
McKenna Lanier Group, Inc.
(909) 519-8887
Diane@McKennaLanier.com
7.Project Location: West side of San Jacinto Avenue at the terminus of Com-
monwealth Avenue, in the City of San Jacinto, California, as shown in Figure A –
Aerial Map. The Project site is located within the Section 2 of Township 5 South,
Range 1 West, San Bernardino Base and Meridian (SBBM) and is comprised of Tax
Assessor parcel number APN 439-120-042.
ATTACHMENT 244.1.v
Packet Pg. 224 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 2
8. Project Sponsor:
Applicant/Developer Applicant/Developer
MW Advantage 1, LLC Mark Cooper, Page Plaza Partners, LLC
26400 La Alameda, Suite 100 38011 Stone Meadow Drive
Mission Viejo. CA 92691 Murrieta, CA 92562
(949) 680-4300 (951) 643-4711
Property Owner Property Owner
Brodie San Jacinto Investments, LLC The Imperial Corona, LLC
16675 Huerta Road 2747 Paradise Road, Unit 2702
Encino, CA 92436 Las Vegas, NV 79101
Property Owner Property Owner
Gonda Trust Cannon Living Trust
767 Rosarita Drive 16092 Marian Bay Drive
Fullerton, CA 92835 Huntington Beach, CA 92694
9. General Plan Designation: CC – Community Commercial
The Community Commercial land use designation provides for a variety of retail and
service-oriented business activities, including offices uses, at various intensities to
serve the local community and population, as well as the broader market area. The
maximum intensity of development is a FAR of 0.40, with an average intensity of a
FAR of 0.25. (Figure B – General Plan Map)
10. General Plan Neighborhood Designation: California Neighborhood Planning
Concept
11. Specific Plan Name and Designation: Not located within a Specific Plan
12. Existing Zoning: CG-UC – Commercial Neighborhood and Urban Corridor
Combining Overlay Zones.
The CG Zone is a “Clearly Compatible” Zone with the CC General Plan designation.
The CG Zone is applied to areas appropriate for general commercial and daily
shopping needs of a broad market area. The CG zone may allow a wide range of
retail sales and business, professional, and personal services that are accessible to
transit corridors. This zone allows a maximum floor area ratio (FAR) of 0.40 with an
average intensity of a FAR of 0.12.
The UC – Urban Corridor Combining Overlay Zone is applied to various zones along
the major urban corridors of the City. The intent is to establish community design
principles and standards that promote land use compatibility among the diverse
zones situated along the corridors. The corridors are important to the City in project-
ing a positive image of the community while also enhancing the quality of life for the
users and occupants. The UC – Combining/Overlay Zone is consistent with all land
use designations in the General Plan. (Figure C – Zoning).
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Packet Pg. 225 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 3
13. Surrounding Land Uses and Setting:
Land Use General Plan Zoning
Project
Site Vacant Land/U-Haul Lot CC – Community Com-
mercial
CN – Commercial Neigh-
borhood
North Mobile Home Park MDR – Medium Density
Residential RM – Residential Medium
South Vacant Land CC – Community Commer-
cial
CN – Commercial Neigh-
borhood
East Commercial Shopping
Center – Walmart
CC – Community Commer-
cial
CG – Commercial General
West Residential Apartments
MDR – Medium Density
Residential
MHDR – Medium High-
Density Residential
RM – Residential Medium
RMH – Residential Medium
High
14. Description of the Project:
The Project proposes a change of zone CZ-17-03 to change the zone from CN-UC –
Commercial Neighborhood and Urban Corridor Combining Overlay Zones to CG-UC
– Commercial General and Urban Corridor Combining Overlay Zones and a parcel
map to subdivide (PM-37407) a single parcel, totaling 9.51 gross acres/9.32 net
acres, into five parcels and one lettered lot, for the development of the following us-
es (Figure C – Zoning and Figure D – Site Plan):
• Service Station and Convenience Store with Off-sale Alcohol Sales
• A Quick Quack Automated Car Wash
• Sonic Fast Food Drive-Through
• A Tire Store
• Office Retail Building
Environmental Setting
The Project site is rectangular and encompasses 9.51 acres. The site has two struc-
tures and is partially used for a U-Haul rental lot, with the remaining vacant and un-
used. It is relatively level with an average elevation of approximately 1,570-feet
above mean sea level (MSL) (Figure G – Preliminary Grading).
The site is relatively flat with a gradient of approximately 1.5 percent to the north-
west. The property naturally drains to a small concrete channel which begins at the
northwest corner of the property. The channel conveys site runoff west to Santa Fe
Avenue.
An approximately three to four-foot-high wood slat fence exists along the northern
property line adjacent to the mobile home park. A six-foot high CMU wall exists
along the westerly property adjacent to residential uses.
Construction of the Project is to be completed in phases. The phases of construc-
tion activities include 1) demolition, 2) grading, 3) building, 4) paving and 5) architec-
tural coating.
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Packet Pg. 226 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 4
Proposed Project
The Project includes a number of discretionary approvals as follows:
• Site Plan Design Review SPDR-17-11 for the review of the overall site and
building designs.
• Change of zone CZ-17-06 to change the zoning from CN-UC – Commercial
Neighborhood and Urban Corridor Combining Overlay Zones to CG-UC –
Commercial General and Urban Corridor Combining Overlay Zones.
• Tentative Parcel Map 37407 to subdivide 9.51 gross acres/9.32 net acres into
five parcels and one lettered lot.
• Conditional Use Permit CUP-17-06 to permit a service station with a conven-
ience store to have off-sale beer and wine sales.
• Variance VAR 17-04 to allow off-sale beer and wine sales within 1,000-feet of
adjacent sales.
• Minor Use Permit MUP-17-06 to permit a fast food drive-through.
• Minor Use Permit MUP-17-07 to permit an automated drive-through car wash.
• Minor Use Permit MUP-17-05 to permit a tire store.
Site Plan Design Review (SPDR-17-11)
Under the Site Plan Design Review case, SPDR-17-11, the City will ensure that the
Project respects the physical environmental characteristics of the property, provides
safe and convenient access and circulation for pedestrians and vehicles, provides
high quality design practices, minimizes, or eliminates negative or undesirable visual
impacts, provides for adequate dedication of land for public purposes and provides
needed public infrastructure.
4.1.v
Packet Pg. 227 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 5
The Project is proposed to be built in two phases as noted in the table below. (Figure
E – Phasing Plan)
PHASING PLAN
Phase Parcel
#
Parcel Net
Square Foot-
age
Building
Square Foot-
age
Projected Con-
struction Comple-
tion
PHASE 1
Fast Food with Drive-
Through 1
196,000 sq. ft.
2,720
2nd quarter 2019
Convenience Store
2
3,062
12-Pump Dispenser
Canopy 3,600
Car wash 4 3,590
Common Drive Aisles,
sidewalks, and deten-
tion/retention basins
1, 2,
portion
of 3, 4,
& 6
Off-Site Improvements –
parkway, underground
utilities, roadway im-
provements
Off-site
PHASE 2
Tire Store 3 219,978 sq. ft. 12,000 3rd quarter 2020 Office/Retail 5 24,000
Phase 1
Phase 1 includes the development of Parcel 1 for a 2,720-square-foot fast food
Drive-Through restaurant. It also includes the development of Parcel 2 for a service
station and convenience store totaling 3,062-square-feet with off-sale beer and wine
sales and findings of Public Convenience or Necessity. Beer and wine sales will
make up approximately 35-square-feet of the sales area. Because Census Tract
number 435.08 already has the six off-sale where a maximum number of four off-
sale alcohol licenses are permitted findings of Public Convenience or Necessity
(PCorN) is required per State law. In addition, a separation variance to permit alco-
hol sales within 1,000-feet of other buildings selling alcohol is also required. The
convenience store is within 1,000-feet the Rite Aid, Wal Mart, Walgreens, and the
newly approved ALDI Store. The convenience store is also within 100-feet of resi-
dential uses. The convenience store is proposed to be open 24-hours a day, seven
days a week. It is anticipated that there will three shifts of employees with an aver-
age of two employees per shift.
Also included on Parcel 2 is a 3,600-square-foot canopy for the 12 service station
pump dispensers (six double-sided).
This phase also includes the development of Parcel 4 with 3,590-square-foot auto-
mated car wash with 22 vacuum stations. The car wash will be open 7:00 a.m. to
7:00 p.m. during normal business hours and 7:00 a.m. to 9:00 p.m. during the sum-
mer hours, seven days a week. At any given time, there will be two to three employ-
ees on site.
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Packet Pg. 228 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 6
Lastly, Phase 1 will include the construction of the on-site main drive-aisles and
common sidewalks serving Parcels 1 – 4 and the detention/retention basins on Let-
tered Lot A. Off-site improvements will also be constructed during this phase (i.e.,
parkway and roadway improvements).
Phase 2
Phase 2 includes the development of Parcel 3 for a 12,000-square-foot tire store and
Parcel 5 for a 24,000 office/retail building.
Project Standards
The design of the Project has been compared against City standards as noted be-
low.
DEVELOPMENT STANDARDS FOR THE PROPOSED CG ZONE
Required
Permitted Parcel 1 Parcel 2 Parcel 3 Parcel 4 Parcel 5 Parcel 6
Basins
Parcel Area
(Net) Mini-
mum
5,000 sq. ft.
12,000 sq.
ft. Drive-
Through
47,524 62,291 71,003 52,708 148,975 22,651
Parcel
Width 50 ft. 198 ft. 247 ft. 211 ft. 259 ft. 332 ft. 173 ft.
Parcel
Depth 100 ft. 240 ft. 253 ft. 323 ft. 193 ft. 374 ft. (var-
ies)
126 ft. (var-
ies)
FAR (Maxi-
mum) .40 .06 .05 .17 .03 .16 N/A
Building
Size Varies 2,720 3,062 12,000 3,590 24,000 N/A
Building
Height 45 ft. 130 ft. 23.8 ft. TBD 26 ft. TBD N/A
Impervious
Surface
(Max)
85% 78.8 77.1 87.9 94.5 80.6
N/A
Struc-
ture/Lot
Coverage
(Max)
50% 5.7% 4.9% 16.9% 6.8% 16.5%
N/A
Setbacks
San Jacinto
Avenue
25 ft.
Landscape
__ ft.
19 ft. on-site
___ ft.
19 ft. on-site --- --- --- N/A
Side (Abut-
ting Resi-
dential)
10 ft.
Landscape 10 ft. --- 10 ft- --- --- N/A
Rear (Abut-
ting Resi-
dential)
15 ft. --- --- --- --- N/A
Side (Abut-
ting Non-
Residential)
--- ---- 10 ft. --- 10 ft 10 ft. N/A
Access
The Project, although five parcels, is being designed and built as a single commer-
cial complex. As such access will be shared. A 38-foot wide signalized driveway
access is proposed off of San Jacinto Avenue between Parcels 1 and 2. This ac-
4.1.v
Packet Pg. 229 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 7
cess feeds into and through the site, connecting at the rear of the parcel to a 30-foot
driveway along the southern boundary, also connecting to San Jacinto Avenue.
Parking
A total of 261 parking stalls are proposed where 217 parking stalls are required for
the entire Project. Bicycle parking is required at a ratio of ten percent of the required
parking. Adjacent to each building is a 2-4-space bicycle racks providing for 2-4
short-term bicycle parking spaces where 2-4 are required. Pursuant to CalGreen
five-percent of the required 1-2 bicycle spaces must be long-term spaces. As well,
two of the proposed uses are greater than 10,000-square-feet and therefore, they
are required to have one 10-foot by 25-foot loading space each. The Project will be
conditioned to provide the required bicycle and loading parking spaces.
PARKING ANALYSIS
Ratio (Gross Floor Ar-
ea) Calculation Required Provided
Parcel 1
Fast Food #1 w/Drive-
Through – 1:200 for first
2,000 sq. ft. then 1:60
for anything over 2,000
sq. ft.
2,000/200 +
720/60 32 20 + 12
Parcel 1 Total 32 20+12
Parcel 2
Convenience Store –
1:225 – plus 1 space for
each employee on duty
during heaviest traffic 8-
hour shift
3,062/225 14 26
Parcel 2 Total 14 26
Parcel 3
Tire Store 12,000/250
4/Bay 48 57
Parcel 3 Total 48 57
Parcel 4
Car Wash 1/Employee/Shift 1 3
Parcel 4 Total 1 3
Parcel 5
Office/Retail 24,000/200 Off/
250 Retail 96-120 143
Parcel 5 Total 96-120 143
Landscaping
Landscaping is proposed along the Project boundaries and throughout the parking
lots. Much of the proposed landscaping will be used either as self-retaining or sur-
face draining bioretention. Water quality mitigation is proposed as a Master Water
Quality Management Plan (WQMP) for the six parcels. CC&R’s will be prepared,
detailing parcel owner shared flow management throughout the site. The site has
been hydraulically divided into three drainage areas. The first drainage area in-
cludes the service station only. The second drainage area includes the south drive
aisle and the office/retail building parking lot. The third drainage area includes the
car wash, Sonic restaurant, tire store, office/retail building and associated parking
4.1.v
Packet Pg. 230 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 8
and drive aisles. All of the Drainage Management Areas (DMAs) drain to the biore-
tention basins located throughout the site. Bioretention was chosen due to the sub-
standard infiltration rates of the native soil based on site-specific testing. Although
the site is exempt from Hydraulic Conditions of Concern (HCOC) mitigation, a deten-
tion basin has been incorporated into the site design for flood control purposes.
Change of Zone CZ-17-03
The Project also includes the request for a zone change from CN-UC – Commercial
Neighborhood and Urban Corridor Combining Overlay Zones to CG-UC – Commer-
cial General and Urban Corridor Combining Overlay Zones (Figure C – Zoning).
The CG zone is applied to areas appropriate for general commercial and daily shop-
ping needs of a broad market area. The CG zone may allow a wide range of retail
sales and business, professional, and personal services that are accessible to transit
corridors. This zone allows a maximum floor area ratio (FAR) of 0.40. The CG zone
is consistent with the Community Commercial land use designation of the General
Plan.
Tentative Parcel Map 37299 (PM-37407)
The proposed parcel map subdivides an existing 9.51-acre site, into five parcels and
one lettered lot summarized in the table below. This proposed parcel map accom-
modates the proposed commercial development. (Figure F – Parcel Map 37407)
PM-37407 SUMMARY
Parcel # Size
Sq. Ft. (Net) Use
Parcel 1 47,480.4 Fast Food w/Drive-Through
Parcel 2 62,290.8
Service Station
w/Convenience Store/Beer
and Wine Sales
Parcel 3 71,002.8 Tire Store
Parcel 4 52,707.6 Car wash
Parcel 5 148,975.2 Office Retail Building
Lot A 22,651.2 Detention/Retention Basins
Total 405,108 sq. ft. or 9.3 net
acres
Conditional Use Permit (CUP-17-06) – Convenience Store with Off-Sale Beer
and Wine Sales and Findings for Public Convenience or Necessity and Service
Station
Conditional Use Permit, CUP-17-06, is required to permit a service station with a
convenience market with off-sale alcohol sales under a Type 20 Alcoholic Beverage
Control (ABC) license. Also, included in the CUP review is the request that the City
make findings of Public Convenience or Necessity (PCorN) to support the requested
alcohol license type in Census Tract 435.08 which currently has 6 Off-sale licenses
where 4 are permitted. Since the census tract is already over-concentrated the addi-
tion of another Off-sale license requires PCorN findings.
4.1.v
Packet Pg. 231 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 9
The store will operate between 24-hours a day, seven days a week. The area pro-
posed for the alcohol sales makes up 35-square-feet or less than 2 % of the total
square footage of the store space.
Under the CUP, a separation variance is requested to permit the sale of alcohol
within 1,000-feet of other buildings selling alcohol. These buildings include
Walgreens, Wal Mart, Rite Aid, and the proposed ALDI Store.
Variance (VAR-17-04)
As previously discussed, this Project requires one variance, as follows:
Under CUP-17-06 case:
1. Parcel 2 – a separation variance to permit alcohol sales within 1,000-feet of
other buildings selling alcohol.
Minor Use Permit (MUP-17-06) – Fast Food Restaurant with a Drive-Through
This MUP is for the fast food restaurant with the Drive-Through lane on Parcel 1. As
designed the site meets all requirements for the use.
Minor Use Permit (MUP-17-07) – Automated Car Wash
This MUP is for an automated car wash with a drive-through lane and 22 stalls with
vacuums on Parcel 4. As designed the site meets all requirements for the use.
Minor Use Permit (MUP-17-08) – Tire Store
This MUP is for a proposed retail tire store with installation services on Parcel 3. At
this time the tenant for the retail tire store is unknown, therefore details of the store’s
exterior elevations are not established. This environmental review covers the design
of tire store as shown on the site plan in terms of the building size and placement,
parking areas, and service bay openings. Once a tenant is secure this Minor Use
Permit will be evaluated thoroughly for City standards.
15. Have California Native American tribes traditionally and culturally affiliated
with the project area requested consultation pursuant to Public Resources
Code section 21080.3.1? if so, has consultation begun? (Note: Conducting consultation
early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level
of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce
the potential for delay and conflict in the environmental review process. (See Public Resources Code section
21083.3.2.) Information may also be available from the California Native American Heritage Commission’s Sa-
cred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information
System administered by the California Office of Historic Preservation. Please also note that Public Resources
Code section 21082.3(c) contains provisions specific to confidentiality.)
Consultation under AB 52 commenced on December 18, 2017. The 30-day re-
sponse period ended on January 18, 2018. Information on the consultation process
can be found in Appendix A of this Initial Study.
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Packet Pg. 232 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
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MUP-17-06/MUP-17-07/MUP-17-08 Page 10
16. Other public agencies whose approval is required (e.g., permits, financing ap-
proval, or participation agreement):
a. Eastern Municipal Water District
b. Riverside County Flood Control and Water Conservation District
c. California Department of Alcoholic Beverage Control
d. Southern California Edison
e. Riverside County Environmental Health
f. South Coast Air Quality Management District
g. Statewide Construction General Permit
17. Other Environmental Reviews Incorporated by Reference in this Review:
a. General Plan as amended through October 19, 2012
b. General Plan EIR April 2006
c. General Plan EIR Addendum August 2012, GPA-1-12
d. Riverside County DEIR No. 521
18. Other Technical Studies Referenced in this Initial Study:
a. Air Quality and Greenhouse Gas Impact Study, San Jacinto Commonwealth De-
velopment, prepared by MD Acoustics, November 3, 2017, and Memo from MD
Acoustics, February 19, 2018
b. General Biological Report, prepared by Glenn Lukos Associates, Inc., April 2018
c. Report of Findings from Record Search Conducted for Assessor’s Parcel Num-
ber 439-120-042, prepared by SRS, October 5, 2017
d. Geotechnical Engineering Investigation Proposed Commercial Development
Commonwealth Avenue at San Jacinto Avenue, San Jacinto, California, pre-
pared by Sladden Engineering, November 2, 2017
e. Preliminary Hydrology Study Commonwealth Crossing, SPDR-17-11, prepared
by Blaine A. Womer Civil Engineering, October 2, 2017, and Revised February 8,
2018
f. Noise Impact Study, San Jacinto Commonwealth Development, prepared by MD
Acoustics, October 30, 2017, and Memo from MD Acoustics, February 19, 2018
g. Commonwealth Crossing Traffic Impact Analysis, prepared by Trames Solutions,
Inc., October 10, 2017, and Revised March 7, 2018
h. Water Quality Management Plan Commonwealth Crossing, prepared by Blaine
A. Womer Civil Engineering, September 21, 2017
i. Results of Phase I Environmental Site Assessment Proposed Commercial De-
velopment West of San Jacinto Avenue & Commonwealth Avenue, prepared by
Sladden Engineering, September 14, 2017
j. Phase II Limited Soil Sampling and Excavation, prepared by Vertex Companies,
Inc., February 2, 2018
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Initial Study – Commonwealth Crossing
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19. Acronyms:
ALUC - Airport Land Use Commission
ALUCP - Airport Land Use Compatibility Plan
AMSL - Above Mean Sea Level
AQMP - Air Quality Management Plan
CERCLIS - Comprehensive Environmental Response, Compensation, &
Liability Information System
CEQA - California Environmental Quality Act
CIWMD - California Integrated Waste Management District
CMP - Congestion Management Plan
DTSC - Department of Toxic Substance Control
EIR - Environmental Impact Report
EMWD - Eastern Municipal Water District
EOP - Emergency Operations Plan
FEMA - Federal Emergency Management Agency
GIS - Geographic Information System
GHG - Greenhouse Gas
GP - General Plan
HCM Highway Capacity Manual
HOA - Home Owners’ Association
HUSD - Hemet Unified School District
IS - Initial Study
LHMP - Local Hazard Mitigation Plan
LHMWD - Lake Hemet Municipal Water District
LOS Level of Service
LST - Localized Significance Threshold
MSHCP - Multiple Species Habitat Conservation Plan
MWD - Metropolitan Water District
NCCP - Natural Communities Conservation Plan
OEM - Office of Emergency Services
OPR - Office of Planning & Research, State
PEIR - Program Environmental Impact Report
PW - Public Works
RCEH - Riverside County Environmental Health
RCFCWCD - Riverside County Flood Control & Water Conservation District
RCP - Regional Comprehensive Plan
RCTC - Riverside County Transportation Commission
RTA - Riverside Transit Agency
RTIP - Regional Transportation Improvement Plan
RTP - Regional Transportation Plan
SCAG - Southern California Association of Governments
SCAQMD - South Coast Air Quality Management District
SCE - Southern California Edison
SCH - State Clearinghouse
SKRHCP - Stephens’ Kangaroo Rat Habitat Conservation Plan
SWPPP - Storm Water Pollution Prevention Plan
TRI - Toxic Release Inventory
USFWS - United States Fish and Wildlife
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Initial Study – Commonwealth Crossing
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USGS - United States Geologic Survey
WQMP - Water Quality Management Plan
WRCOG - Western Riverside Council of Governments
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Initial Study – Commonwealth Crossing
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Figure A – Aerial Map
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Initial Study – Commonwealth Crossing
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Figure B – General Plan
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Initial Study – Commonwealth Crossing
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Figure C – Zoning
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Initial Study – Commonwealth Crossing
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Figure D – Site Plan
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Initial Study – Commonwealth Crossing
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Figure E – Phasing Map
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Initial Study – Commonwealth Crossing
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Figure F – Parcel Map 37407
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Initial Study – Commonwealth Crossing
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Figure G – Preliminary Grading
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Initial Study – Commonwealth Crossing
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Figure H – Sonic Elevations
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Initial Study – Commonwealth Crossing
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Figure I – Quick Quack Elevations
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Initial Study – Commonwealth Crossing
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Figure J – 7 Eleven Elevations
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Initial Study – Commonwealth Crossing
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Figure J – 7 Eleven Elevations
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Initial Study – Commonwealth Crossing
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MUP-17-06/MUP-17-07/MUP-17-08 Page 24
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/Forestry Re-
sources Air Quality
Biological Resources Cultural Resources Geology/Soils
Greenhouse Gas
Emissions Hazards & Hazardous Ma-
terials Hydrology/Water Quality
Land Use/Planning Mineral Resources Noise
Population/Housing Public Services Recreation
Transportation/Traffic Tribal Cultural Resources 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 envi-
ronment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the envi-
ronment, 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 RE-
PORT 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 envi-
ronment, because all potentially significant effects (a) have been analyzed ade-
quately 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
Travis Randel, Planning & Community De-
velopment Director
Printed Name
City of San Jacinto
For
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Initial Study – Commonwealth Crossing
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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 sup-
ported 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 ex-
pose 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 oc-
cur, then the checklist answers must indicate whether the impact is potentially
significant, less than significant with mitigation, or less than significant. "Potential-
ly 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) Less Than Significant with Mitigation Incorporated" applies where the incorpora-
tion 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
another 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 available for re-
view.
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 anal-
ysis.
c) Mitigation Measures. For effects that are "Less than Significant with Miti-
gation 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.
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Initial Study – Commonwealth Crossing
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6) Lead agencies are encouraged to incorporate into the checklist references to in-
formation sources for potential impacts (e.g. general plans, zoning ordinances).
Reference to a previously prepared or outside document should, where appropri-
ate, include a reference to the page or pages where the statement is substantiat-
ed.
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 for-
mats; 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 ques-
tion; and
b) the mitigation measure identified, if any, to reduce the impact to less than
significance.
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Initial Study – Commonwealth Crossing
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ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
I. AESTHETICS – Would the project:
a) Have a substantial adverse effect on a scenic
vista?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; General Plan EIR Addendum August
2012, GPA-1-12; & General Plan EIR Figure 5.1-1 – Major Scenic Resources)
San Jacinto's eastern and western borders are largely defined by steep sloping hillsides and ridge-
lines on unincorporated lands surrounding the City associated with the San Jacinto Mountain Range.
The City of San Jacinto itself also has several scenic vistas in the form of open space and agricul-
tural lands. However, this Project is proposed along a developing urban corridor and it will not im-
pact these scenic vistas.
The Project is located on San Jacinto Avenue in the UC – Urban Corridor Combining Overlay District
Zone. Mitigation Measure A-6 of the General Plan EIR requires the City to apply the standards of
Section 17.235.040 of the Development Code to all properties in the UC Zone to help ensure the
protection of scenic vistas. This Project includes a Site Plan and Design Review (SPDR) process
where the Project has been evaluated against the standards and has been found, as conditioned, to meet
the standards. Therefore, the Project will have a less than significant impact, directly, indirectly, or cu-
mulatively to scenic vistas.
b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
Response: (Source: General Plan as amended October 19, 2012; Resource Management Element – Figure RM-4 – Cultural
Resources; Arts & Culture Element – Figure AC-1; General Plan EIR; General Plan EIR Addendum August 2012, GPA-1-12; Gen-
eral Plan EIR Figure 5.1-1 – Major Scenic Resource;, City of San Jacinto Landscape Design Guidelines – Appendix One – Parkway
& Median Master Plan; & Municipal Code Chapter 12.20 – Street Trees and Shrubs)
No trees, rock outcroppings and/or historic buildings exist on the site. A 1920’s craftsman style re
residence is located on the site and proposed for demolition. This structure has been heavily altered
and recently damaged by fire. In its current state, it would not qualify as a significant resource under
the guidelines for the national and state registers or under the City’s local guidelines.
No adopted scenic highway exists in San Jacinto. However, the City does recognize certain streets
for distinctive design treatments in the City’s Landscape Design Guidelines. Both San Jacinto Ave-
nue and Commonwealth Avenue are included in the Landscape Design Guidelines. This Project
includes a Site Plan and Design Review (SPDR) process where the Project has been evaluated against
the Landscape Design Guidelines and has been found, as conditioned, to meet the guidelines. There-
fore, the Project will have a less than significant impact, directly, indirectly, or cumulatively, to scenic
resources within a State scenic highway.
c) Substantially degrade the existing visual character
or quality of the site and its surroundings?
Response: General Plan as amended October 19, 2012; General Plan EIR; & General Plan EIR Addendum August 2012, GPA-
1-12)
The Project is a well-designed addition to this urban corridor and will enhance the visual character of
the area. Implementation of Mitigation Measure A-6 of the General Plan EIR helps promote the revi-
talization of the older portions of the community and ensure that new development and redevelop-
ment is compatible and complementary to existing development. Mitigation Measure A-6 calls for the
City to enforce the Urban Corridor Combining Overlay Zone standards on all properties having front-
age on San Jacinto Avenue between Seventh Avenue and Menlo Avenue. As previously stated, his
Project includes a Site Plan and Design Review (SPDR) process where the Project has been evaluated
against the standards and has been found, as conditioned, to meet the standards. Therefore, the Project
will have a less than significant impact, directly, indirectly, or cumulatively, to the existing visual charac-
ter.
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime
views in the area?
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Initial Study – Commonwealth Crossing
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ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
Response: (General Plan as amended October 19, 2012; General Plan EIR; General Plan EIR Addendum August 2012, GPA-1-
12; Development Code Section 17.300.080 – Outdoor Light & Glare; Riverside County Ordinance 655 – Regulating Light Pollution;
& San Jacinto Valley Area Plan of the Riverside County General Plan)
The City of San Jacinto is in Zone B of the Mount Palomar Observatory, located in San Diego County.
Zone B is the area defined as a circular ring forty-five (45) miles in radius centered on Palomar Observa-
tory. The Project site is 28.92 miles from Mount Palomar Observatory. As well, the City enjoys limited
night sky impacts due to its rural nature. To preserve the night sky, lighting must be designed to limit leak
spillage that may obstruct or hinder the view of the nighttime sky. To reduce impacts related to light pollu-
tion, the City requires that all developments introducing new light sources, or modifications to existing
light sources, to shield all such devices. An exterior lighting plan shall be submitted to Design Review
staff for review and approval. A photometric study and manufacturer’s cut sheets of all exterior lighting on
the building, in the landscaped areas, and in the parking lot shall be submitted with the exterior lighting
plan. All on-site lighting shall provide a minimum intensity of one foot-candle and a maximum intensity of
ten foot-candles at ground level throughout the areas serving the public and used for parking, with a ratio
of average light to minimum light of four to one (4:1). The light sources shall be shielded to minimize off-
site glare, shall not direct light skyward and shall be directed away from adjacent properties and public
rights-of-ways. If lights are proposed to be mounted on buildings, down-lights shall be utilized. Light
poles shall not exceed twenty (20) feet in height, including the height of any concrete or other base mate-
rial.
The property is adjacent to mobile home parks in the residential zone on the north, west, and southwest-
ern portion of the Project site. As such, light spillage could cause an impact to these residential uses.
Therefore, Mitigation Measure MM AES-1 shall be applied to ensure the residential properties are not
impacted by light spillage.
In addition, the design of the buildings reduces the number of reflective surfaces used in the construction
to minimize new sources of glare. Exterior building materials will use earth tone light colors with a low-
reflectance. Any bare metallic surfaces found on infrastructures such as pipes and poles shall be painted
to minimize reflectance and glare. As designed the impacts to the nighttime sky and the potential for
glare will be less than significant with mitigation, directly, indirectly, and cumulatively.
MM AES-1: 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. A photometric plan shall be submitted for Planning review and approval.
The plan must include details such as beam spreads and/or photometric calculations, lo-
cation and type of fixtures, and arrangement of exterior lighting that does not create glare
or hazardous interference to adjacent streets or properties.
II. AGRICULTURE AND FOREST RESOURCES –
Would the project:
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the Cali-
fornia Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an op-
tional 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.
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the Farm-
land Mapping and Monitoring Program of the Cali-
fornia Resources Agency, to non-agricultural use?
Or pursuant to the City of San Jacinto’s General
Plan (page RM-28), convert Farmland of Local Im-
portance as shown on the maps prepared pursuant
to the Farmland Mapping and Monitoring Program
of the California Resources Agency, to non-
agricultural use?
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Initial Study – Commonwealth Crossing
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ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
Response: (General Plan as amended October 19, 2012; Figure RM-5 – Agricultural Resources; RM-6 – Important Farmland;
RM-3 – Vegetation Communities; General Plan EIR; Figure 5.2-1 – Agricultural Resources; Figure 5.2-1 – Important Farmland;
General Plan EIR Addendum August 2012, GPA-1-12; Development Code Section 17.305.040 – Agriculture (Right to Farm); 2014
Farmland Mapping and Monitoring Program Map, & Results of Phase I Environmental Site Assessment Proposed Commercial De-
velopment west of San Jacinto Avenue and Commonwealth Avenue, prepared by Sladden Engineering, September 14, 2017)
A review of aerial photography dating back to 1938 indicates that this property was not used field crops or
farming. The property is currently vacant and annually disced. Figure RM-6 – Important Farmland of the
General Plan shows the site designated as Other Land. Other Land includes a variety of miscellaneous
uses, such as low density rural residential development, mining areas, vacant areas, and nonagricul-
tural vegetation. The latest Farmland Map, dated 2014 shows the northern portion of the site designated
as Other Land and the southern portion of the site designated as Urban and Built-up Land. Urban and
Built-up Land includes residential, industrial, recreational, infrastructure and institutional uses.
This portion of San Jacinto Avenue is in the UC – Urban Corridor Combining Overlay Zone. The intent
is to establish community design principles and standards that promote land use compatibility among the
diverse zones situated along the corridor. In this case, San Jacinto Avenue is developing as a commer-
cial corridor precluding farmland uses. Therefore, the proposed Project will no impact, directly, indirectly,
or cumulatively to farmland.
b) Conflict with existing zoning for agricultural use, or
a Williamson Act contract?
Response: (General Plan as amended October 19, 2012; Figure RM-5 – Agricultural Resources; RM-6 – Important Farmland;
RM-3 – Vegetation Communities; General Plan EIR; Figure 5.2-1 – Agricultural Resources; Figure 5.2-1 – Important Farmland;
General Plan EIR Addendum August 2012, GPA-1-12; Development Code Section 17.305.040 – Agriculture (Right to Farm); & 2014
Farmland Mapping and Monitoring Program Map)
The Project site is General Plan designated for commercial uses and the CG Zoning is consistent with
this General Plan designation. There are no Williamson Act contracts on the subject property. No agri-
cultural uses are currently being operated in or around the subject property. Therefore, the Project will
have no impact, directly, indirectly, or cumulatively, on zoning for an agricultural use or on a Williamson
Act contract.
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 timber-
land zoned Timberland Production (as defined by
Government Code section 51104(g))?
Response: (Riverside County DEIR No. 521 – Section 04-05 – Agricultural and Forestry Resources)
In Southern California, including Riverside County and the City of San Jacinto, climate and topography
limit the types and locations of forest lands and their potential for commercial or industrial timber utiliza-
tion. Accordingly, there is no existing or currently proposed zoning of forest land, timberland, or Timber-
land Production Zones within the City of San Jacinto. In addition, figures released by the State of Califor-
nia indicate that no “California forest land” ownership, either public or private, is mapped for Riverside
County including the City of San Jacinto. Therefore, the Project would not conflict with the existing zoning
for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production and the Pro-
ject will have no impact, directly, indirectly, or cumulatively to forest land.
d) Result in the loss of forest land or conversion of
forest land to non-forest use?
Response: (Source: Riverside County DEIR No. 521 – Section 04-05 – Agricultural and Forestry Resources)
There is no commercial forestry or timber production industry within the City of San Jacinto other than
Christmas tree farms or nursery stock production (that is, cultivated, rather than wild-harvested); there-
fore, the Project would not result in the loss of forest land or the conversion of forest land to non-forest
use and the Project will have no impact, directly, indirectly or cumulatively to the loss of forest land or
conversion of forest land to non-forest use.
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Packet Pg. 252 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
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ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
e) Involve other changes in the existing environment
which, due to their location or nature, could result
in the conversion of Farmland, to non-agricultural
use or conversion of forest land to non-forest use?
Response: (General Plan as amended October 19, 2012; Figure RM-5 – Agricultural Resources; RM-6 – Important Farmland;
RM-3 – Vegetation Communities; General Plan EIR; Figure 5.2-1 – Agricultural Resources; Figure 5.2-1 – Important Farmland;
General Plan EIR Addendum August 2012, GPA-1-12; Development Code Section 17.305.040 – Agriculture (Right to Farm); 2014
Farmland Mapping and Monitoring Program Map; & Riverside County DEIR No. 521 – Section 04-05 – Agricultural and Forestry
Resources)
The Project is consistent with the City’s General Plan and Development Code and, as discussed above
will have no impact, directly, indirectly, or cumulatively to the conversion of Farmland to another use.
As noted above, there is no commercial forestry or timber production industry within the City of San Jacin-
to other than Christmas tree farms or nursery stock production (that is, cultivated, rather than wild-
harvested); therefore, the Project would not result in the loss of forest land or the conversion of forest land
to non-forest use and the Project will have no impact, directly, indirectly or cumulatively.
III. AIR QUALITY – Would the project:
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.
a) Conflict with or obstruct implementation of the ap-
plicable air quality plan?
Response: (Source: South Coast Air Quality Management District’s 2016 Air Quality Management Plan; Air Quality and Green-
house Gas Study, prepared by MD Acoustics, November 3, 2017; & Memo from MD Acoustics, February 19, 2018)
The SCAQMD CEQA Handbook states that "[n]ew or amended General Plan Elements (including land
use zoning and density amendments), Specific Plans, and significant projects must be analyzed for con-
sistency with the AQMP." Strict consistency with all aspects of the plan is usually not required. A pro-
posed Project is considered 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:
(1) Whether the project will result in an increase in the frequency or severity of existing air quality viola-
tions 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 2016 or increments based on the
year of project buildout and phase. Both criteria are evaluated in the following sections.
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 Pro-
ject 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 2016- 2040
Regional Transportation/Sustainable Communities Strategy, prepared by SCAG, 2016, includes chap-
ters on the challenges in a changing region, creating a plan for our future, and the road to greater mobili-
ty and sustainable growth. 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.
4.1.v
Packet Pg. 253 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 31
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
The proposed Project is a commercial land uses and would be consistent with the 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 on the SCAQMD AQMP directly, indirectly, or cu-
mulatively.
b) Violate any air quality standard or contribute sub-
stantially to an existing or projected air quality vio-
lation?
Response: (Source: Air Quality and Greenhouse Gas Study, prepared by MD Acoustics, November 3, 2017; & Memo from MD
Acoustics, February 19, 2018)
The latest version of CalEEMod was used to estimate the onsite and offsite construction emissions. The
emissions incorporate Rule 402 and 403. Rule 402 and 403 (fugitive dust) are not considered mitigation
measures as the Project by default is required to incorporate these rules during construction.
Regional Construction Emissions
The construction emissions for the Project would not exceed the SCAQMD’s daily emission thresholds at
the regional level as demonstrated in the table below, and therefore would be considered less than sig-
nificant.
Regional Significance - Construction Emissions (pounds/day)
Activity Pollutant Emissions (pounds/day)
VOC NOx CO SO2 PM10 PM2.5
Demolition
On-Site2 3.72 38.32 22.30 0.04 2.00 1.81
Off-Site3 0.09 0.26 0.77 0.00 0.18 0.05
Total 3.81 38.58 23.07 0.04 2.18 1.86
Grading
On-Site2 2.77 30.67 16.58 0.03 4.11 2.74
Off-Site3 0.16 3.46 1.14 0.01 0.40 0.12
Total 2.94 34.13 17.71 0.04 4.51 2.86
Building Construction
On-Site2 2.68 23.39 17.58 0.03 1.50 1.41
Off-Site3 0.53 3.79534.1931 0.02 0.02 1.01 0.30
Total 3.21 23.39 17.60 0.04 2.51 1.71
Paving
On-Site2 1.86 15.24 14.66 0.02 0.82 0.76
Off-Site3 0.08 0.05 0.67 0.00 0.17 0.05
Total 1.94 15.29 15.33 0.02 0.99 0.80
Architectural Coating
On-Site2 24.02 1.84 1.84 0.00 0.13 0.13
Off-Site3 0.08 0.05 0.62 0.00 0.16 0.04
Total 24.10 1.88 2.46 0.00 0.29 0.17
Total of overlapping phases4 29.26 40.57 35.39 0.07 3.79 2.68
SCAQMD Thresholds 75 100 550 150 150 55
Exceeds Thresholds No No No No No No
4.1.v
Packet Pg. 254 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 32
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
Notes:
1 Source: CalEEMod Version 2016.3.2
2 On-site emissions from equipment operated on-site that is not operated on public roads.
3 Off-site emissions from equipment operated on public roads.
4 Construction, architectural coatings, and paving phases may overlap.
Localized Construction Emissions
The data provided in the table below 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 the construction of the proposed Project.
Localized Significance -- Construction
Phase On-Site Pollutant Emissions (pounds/day)1
NOx CO PM10 PM2.5
Demolition 38.32 22.30 2.00 1.81
Grading 30.67 16.58 4.11 2.74
Building Construction 23.39 17.58 1.50 1.41
Paving 15.24 14.66 0.82 0.76
Architectural Coating 1.84 1.84 0.13 0.13
SCAQMD Threshold for 25 meters (82 feet) or
less2 234 1,100 7 4
Exceeds Threshold? No No No No
Notes:
1 Source: Calculated from CalEEMod and SCAQMD’s Mass Rate Look-up Tables for two acres in Hemet/San Jacinto Val-
ley Source-Receptor Area (SRA-28). The Project will disturb a maximum of 3 acres per day.
2 The nearest sensitive receptors are located to the west and north of the Project site, however, according to LST
methodology, any receptor located closer than 25 meters should be based on the 25-meter threshold.
Operational Air Quality Emissions Impact
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 the year 2020, which is
the anticipated opening year for the Project. The summer and winter emissions created by the proposed
Project’s long-term operations were calculated and the highest emissions from either summer or winter
are summarized in the table below.
Regional Significance – Unmitigated Operational Emissions (lbs/day)
Activity Pollutant Emissions (pounds/day)1
VOC NOx CO SO2 PM10 PM2.5
Area Sources2 1.12 0.00 0.03 0.00 0.00 0.00
Energy Usage3 0.04 0.36 0.30 0.00 0.03 0.03
Mobile Sources4 7.61 47.38 48.58 0.02 9.76 2.71
Total Emissions 8.77 47.73 48.91 0.02 9.78 2.74
SCAQMD Thresholds 55 55 550 150 150 55
Exceeds Threshold? No No No No No No
Notes:
1 Source: CalEEMod Version 2016.3.2
2 Area sources consist of emissions from consumer products, architectural coatings, and landscaping equipment.
3 Energy usage consists of emissions from on-site natural gas usage.
4 Mobile sources consist of emissions from vehicles and road dust.
4.1.v
Packet Pg. 255 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 33
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
The table above provides the Project's unmitigated operational emissions. The table above shows that
the Project does not exceed the SCAQMD daily emission threshold and regional operational emissions
are considered to be less than significant.
Localized Operational Emissions
The table below shows the calculated emissions for the proposed operational activities compared with
appropriate LSTs. The LST analysis only includes on-site sources; however, the CalEEMod software
outputs do not separate on-site and off-site emissions for mobile sources. For a worst-case scenario as-
sessment, the emissions shown in the table below include all on-site Project-related stationary sources
and 10% of the project-related new mobile sources. This percentage is an estimate of the amount of pro-
ject-related new vehicle traffic that will occur on-site.
Localized Significance – Operation Emissions
On-Site Emission Source On-Site Pollutant Emissions (pounds/day)1
NOx CO PM10 PM2.5
Area Sources2 0.00 0.03 0.00 0.00
Energy Usage3 0.36
0.30 0.03 0.03
On-Site Vehicle Emissions4 4.74 4.86 0.98 0.27
Total Emissions 5.10 5.19 1.00 0.30
SCAQMD Threshold for 25 meters (82 feet)5 371 1,965 4 2
Exceeds Threshold? No No No No
Notes:
1 Source: Calculated from CalEEMod and SCAQMD’s Mass Rate Look-up Tables for five acres in Hemet/San Jacinto Valley
Source-Receptor Area (SRA-28).
2 Area sources consist of emissions from consumer products, architectural coatings, and landscaping equipment.
3 Energy usage consists of emissions from the generation of electricity and on-site natural gas usage.
4 On-site vehicular emissions based on 1/10 of the gross vehicular emissions and road dust.
5 The nearest sensitive receptors are located adjacent to the west and north of the Project site, however, according to LST
methodology, any receptor located closer than 25 meters should be based on the 25-meter threshold.
2 2
The table above indicates that the local operational emission would not exceed the LST thresholds at the
nearest sensitive receptors, located adjacent to the Project. Furthermore, the Project includes the con-
struction and operation of a convenience market with 16 fuel pumps. The fuel pump-portion of the Project
will be permitted by SCAQMD and fuel-related emissions will be regulated by the SCAQMD Rule 461 and
be required to obtain a Permit to Operate. Gasoline dispensing facilities are required to use Phase I/II
EVR (enhanced vapor recovery) systems. Phase II EVR have an average efficiency of 95.1 percent and
Phase I EVR have an average efficiency of 98 percent. Therefore, the potential for fugitive VOC or TAC
emissions from the gasoline pumps is negligible. As such, the Project will not be a source of toxic air con-
taminants or fugitive VOC emissions and sensitive receptors (located as close as approximately 300+ feet
from the proposed gasoline fueling pumps) would not be exposed to toxic sources of air pollution. There-
fore, the Project will not result in significant Localized Operational emissions.
CO Hot Spot Emissions
The SCAQMD recommends that a local CO hot spot analysis be conducted if the intersection meets one
of the following criteria: 1) the intersection is at level of service (LOS) D or worse and where the Project
increases the volume to capacity ratio by 2 percent, or 2) the Project decrease at an intersection from C
to D.
Micro-scale air quality emissions have traditionally been analyzed in environmental documents where the
air basin was a non-attainment area for CO. However, the SCAQMD has demonstrated in the CO at-
tainment re-designation request to EPA that there are no “hot spots” anywhere in the air basin, even at
intersections with much higher volumes, much worse congestion, and much higher background CO levels
4.1.v
Packet Pg. 256 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 34
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
than anywhere in Riverside County. If the worst-case intersections in the air basin have no “hot spot” po-
tential, any local impacts will be below thresholds and less than significant.
The Project would generate a maximum of 4,478 trips per day. The 1992 Federal Attainment Plan for
Carbon Monoxide (1992 CO Plan) showed that an intersection which has a daily traffic volume of approx-
imately 100,000 vehicles per day would not violate the CO standard. The volume of traffic at Project
buildout with cumulative projects would be well below 100,000 vehicles and below the necessary volume
to even get close to causing a violation of the CO standard. Therefore, no CO “hot spot” modeling was
performed, and no significant long-term air quality impact is anticipated to local air quality with the
on-going use of the proposed project.
c) Result in a cumulatively considerable net increase
of any criteria pollutant for which the project region
is non-attainment under an applicable federal or
state ambient air quality standard (including re-
leasing emissions which exceed quantitative
thresholds for ozone precursors)?
Response: (Source: Air Quality and Greenhouse Gas Study, prepared by MD Acoustics, November 3, 2017; & Memo from MD
Acoustics, February 19, 2018)
Cumulative projects include local development as well as general growth within the Project area. Howev-
er, 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 be-
yond any local projects and when wind patterns are considered, would cover an even larger area. Ac-
cordingly, 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 op-
eration 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 in-
cremental 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 pro-
jects. Air quality will be temporarily degraded during construction activities that occur separately or simul-
taneously. 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 there-
fore is considered less than significant.
d) Expose sensitive receptors to substantial pollutant
concentrations?
Response: (Source: Air Quality and Greenhouse Gas Study, prepared by MD Acoustics, November 3, 2017; & Memo from MD
Acoustics, February 19, 2018)
As noted in Response 3 b) above, the operational emission rates would not exceed the LST thresholds
for the Project. Therefore, the Project will have a less than significant impact on Localized Operational
emissions.
Construction-Related Toxic Air Contaminant Impact
The greatest potential for toxic air contaminant emissions would be related to diesel particulate emissions
associated with heavy equipment operations during construction of the proposed Project. The Office of
Environmental Health Hazard Assessment (OEHHA) has issued the Air Toxic Hot Spots Program Risk
Assessment Guidelines and Guidance Manual for the Preparation of Health Risk Assessments, February
2015 to provide a description of the algorithms, recommended exposure variates, cancer, and noncancer
health values, and the air modeling protocols needed to perform a health risk assessment (HRA) under
the Air Toxics Hot Spots Information and Assessment Act of 1987. All substances that are evaluated for
cancer risk and/or noncancer acute, 8-hour, and chronic health impacts. In addition, identify any multi-
pathway substances that present a cancer risk or chronic noncancer hazard via non-inhalation routes of
exposure.
4.1.v
Packet Pg. 257 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 35
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
Given the relatively limited number of heavy-duty construction equipment and construction schedule, the
proposed Project would not result in a long-term substantial source of toxic air containment emissions
and corresponding individual cancer risk. Furthermore, construction-based particulate matter (PM) emis-
sions (including diesel exhaust emissions) do not exceed any local or regional thresholds. Therefore, no
significant short-term toxic air contaminant impacts would occur during construction of the pro-
posed Project. Therefore, no significant short-term toxic air containment impacts would occur dur-
ing construction of the Project.
e) Create objectionable odors affecting a substantial
number of people?
Response: (Source: Air Quality and Greenhouse Gas Study, prepared by MD Acoustics, November 3, 2017; & Memo from MD
Acoustics, February 19, 2018)
Construction
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 pro-
cess are of short-term in nature and the odor emissions are expected cease upon the drying or hardening
of the odor-producing materials. Diesel exhaust and VOCs would be emitted during construction of the
Project, which are objectionable to some; however, emissions would disperse rapidly from the Project site
and therefore should not reach an objectionable level at the nearest sensitive receptors. Due to the
short-term nature and limited amounts of odor-producing materials being utilized, no significant impact
related to odors would occur during construction of the proposed Project.
Operational
The fuel pump-portion of the Project will be permitted by SCAQMD and fuel-related emissions will be reg-
ulated by the SCAQMD Rule 461, requiring a “Permit to Operate” from SCAQMD. Gasoline dispensing
facilities are required to use Phase I/II EVR (enhanced vapor recovery) systems. Phase II EVR have an
average efficiency of 95.1 percent and Phase I EVR have an average efficiency of 98 percent. Therefore,
the potential for fugitive VOC or TAC emissions from the gasoline pumps is negligible. As such, the Pro-
ject will not be a source of toxic air contaminants, fugitive VOC emissions, or odors and sensitive recep-
tors (located as close as approximately 245 feet from the proposed gasoline fueling pumps) would not be
exposed to toxic sources of air pollution and a less than significant impact related to odors will occur
under the operation of the proposed Project.
IV. BIOLOGICAL RESOURCES – Would the project:
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species iden-
tified as a candidate, sensitive, or special status
species in local or regional plans, policies, or regu-
lations, or by the California Department of Fish and
Game or U.S. Fish and Wildlife Service?
Response: (Source: General Plan as amended October 19, 2012; Resource Management Element – Figure RM-1 – Open
Space Resources; RM-3 – Vegetation Communities; General Plan EIR; General Plan EIR Addendum August 2012; General Plan
EIR Figure 5.4-1 – Vegetation Communities; Figure 5.4-2 – San Jacinto Valley Area Plan with Vegetation, Cells and Cell Groups
Keyed to MSHCP Criteria; Riverside County Multiple Species Habitat Conservation Plan (MSHCP); Development Code Chapter
17.520 – Natural Resource Conservation; & General Biological Report, prepared by Glenn Lukos Associates, Inc., April 2018 )
Glenn Lukos Associates, Inc. (GLA) surveyed the 9.46-acre site on January 1, February 16, and March
16 and 19, 2018. The surveys included habitat assessments and focused surveys for resources covered
under the MSHCP survey requirements, including the burrowing owl (Athene cunicularia) and listed fairy
shrimp.
Plant Communities
Approximately three-fourths of the site contains a plant community dominated by non-native ruderal spe-
cies and non-native grasses, including London rocket (Sisymbrium irio), red-stemmed filaree (Erodium
cicutarium), cheeseweed (Malva parviflora), Russian thistle (Salsola tragus), bur-clover (Medicago
polymorpha), shepherd’s purse (Capsella bursa-pastoris), curly dock (Rumex crispus), lamb’s quarters
4.1.v
Packet Pg. 258 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 36
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
(Chenopodium album), red brome (Bromus madritensis rubens), and foxtail barley (Hordeum murinum).
The site supports some native forbs, including common fiddleneck (Amsinckia menziesii), adobe popcorn
flower (Plagiobothrys acanthocarpus), and western ragweed (Ambrosia psilostachya).
The remaining fourth of the site contains a U-Haul rental and storage facility, which consists predominant-
ly of a gravel covered lot. The lot does contain a cluster of three Mexican fan palms (Washingtonia ro-
busta) but does not contain any other trees or support shrub cover.
The Project site is not located within the Western Riverside County MSHCP Narrow Endemic Plant Spe-
cies Survey Area (NEPSSA) or the Criteria Area Plant Species Survey Area (CAPSSA). As such, fo-
cused plant surveys are not required for NEPSSA and CAPSSA species, and the Project would not have
any conservation/mitigation requirements for any NEPSSA or CAPSSA species. Small numbers of a
special-status plant (smooth tarplant, Centromadia pungens ssp. laevis) was detected at the site; howev-
er, since the site is not within the CAPSSA, the Project is not required to avoid the tarplant, is not required
to mitigate the loss of smooth tarplant, and does not require a Determination of Biologically Equivalent or
Superior Preservation (DBESP). Impacts to smooth tarplant would be less than significant.
Wildlife
Several bird species were observed foraging at the site, including house finch (Haemorhous mexicanus),
Cassin’s kingbirds (Tyrannus vociferans), Say’s phoebe (Sayornis saya), and white-crowned sparrow
(Zonotrichia leucophrys). Other bird species were observed flying near or over the site, including the
common raven (Corvus corax), red-tailed hawk (Buteo jamaicensis), and rock pigeon (Columba livia).
The site is located within the MSHCP survey area for the burrowing owl (Athene cunicularia). Habitat for
burrowing owl was assessed over the entire Project site in accordance with MSHCP “Burrowing Owl Sur-
vey Instructions”. The assessment included looking for burrowing owl burrows, whitewash, pellets, animal
remains, and other burrowing owl indicators. The site provides suitable habitat for the burrowing owl, in-
cluding a few suitable burrows. Focused burrowing owls were performed for the site; however, no bur-
rowing owls or diagnostic sign were detected at the site. As such, the burrowing owl was determined to
be absent from the site and based on current conditions, the Project would not impact burrowing owls.
However, because the site has the potential to support burrowing owls in the future, the MSHCP requires
that pre-construction surveys be conducted prior to disturbance of the site. Therefore, MM BIO 1 is rec-
ommended for compliance with the MSHCP burrowing owl requirements.
The Project will have a less than significant impact with mitigation, directly, indirectly, and cumulative-
ly, 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 Ser-
vice.
MM BIO 1: A pre-construction burrowing owl breeding bird survey following the recommended guide-
lines of the MSHCP will be required no more than 30 days prior to disturbance (demoli-
tion, grading, construction) of the site. If burrowing owls are detected at the site, they will
be relocated either passively or actively from the site outside of the nesting season with
the approval of the California Department of Fish and Wildlife (CDFW) and the Regional
Conservation Authority (RCA). Occupied burrows will not be disturbed during the nesting
season (February 1 through August 31) unless a qualified biologist verifies through non-
invasive methods that either (a) the adult birds have not begun egg-laying and
incubation, or (b) the juveniles from the occupied nests are foraging independently and
are capable of independent survival. If the biologist is not able to verify one of the above
conditions, then no disturbance shall occur during the breeding season within a distance
determined by the qualified biologist for each nest or nesting site. For the burrowing owl,
the recommended distance is a minimum of 160 feet.
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community iden-
tified in local or regional plans, policies, regula-
tions or by the California Department of Fish and
4.1.v
Packet Pg. 259 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 37
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
Game or U.S. Fish and Wildlife Service?
Response: (Source: General Plan as amended October 19, 2012; Resource Management Element – Figure RM-1 – Open
Space Resources; RM-3 – Vegetation Communities; General Plan EIR; General Plan EIR Addendum August 2012; General Plan
EIR Figure 5.4-1 – Vegetation Communities; Figure 5.4-2 – San Jacinto Valley Area Plan with Vegetation, Cells and Cell Groups
Keyed to MSHCP Criteria; Riverside County Multiple Species Habitat Conservation Plan (MSHCP); Development Code Chapter
17.520 – Natural Resource Conservation; & General Biological Report, prepared by Glenn Lukos Associates, Inc., April 2018)
Riparian/Riverine Areas
Riparian/Riverine Areas are defined by the MSHCP as “lands which contain Habitat dominated by tress
[sic], shrubs, persistent emergents, or emergent mosses and lichens, which occur close to or which de-
pend upon soil moisture from a nearby fresh water source; or areas with fresh water flow during all or a
portion of the year”. The site is almost flat and has no riparian or riverine areas.
California Department of Fish and Wildlife
The California Department of Fish and Wildlife (CDFW), through provisions of the State of California Ad-
ministrative Code, is empowered to issue agreements for any alteration of a river, stream or lake where
fish or wildlife resources may adversely be affected. Streams (and rivers) are defined by the presence of
a channel bed and banks, and at least an intermittent flow of water. Lateral limits of jurisdiction are not
clearly defined, but generally include any riparian resources associated with a stream or lake, CDFW reg-
ulates wetland areas only to the extent that those wetlands are part of a river, stream or lake as defined
by CDFW.
The Project site does not contain any MSHCP riparian/riverine areas or CDFW jurisdiction, including ri-
parian habitat. Therefore, the Project will have no impact, directly, indirectly, or cumulatively, to riparian
or riverine areas.
c) Have a substantial adverse effect on federally pro-
tected 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?
Response: (Source: General Plan as amended October 19, 2012; Resource Management Element – Figure RM-1 – Open
Space Resources; RM-3 – Vegetation Communities; General Plan EIR; General Plan EIR Addendum August 2012; General Plan
EIR Figure 5.4-1 – Vegetation Communities; Figure 5.4-2 – San Jacinto Valley Area Plan with Vegetation, Cells and Cell Groups
Keyed to MSHCP Criteria; Riverside County Multiple Species Habitat Conservation Plan (MSHCP); Development Code Chapter
17.520 – Natural Resource Conservation; & General Biological Report, prepared by Glenn Lukos Associates, Inc., April 2018)
Vernal Pools
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 of hydrology and/or vegetation during the drier
portion of the growing season. Evidence concerning the persistence of an area's wetness can be ob-
tained from its history, vegetation, soils, and drainage characteristics of the use to which it has been sub-
jected, and weather and hydrologic records” (Riverside County Transportation and Land Management
Agency).
GLA biologists monitored the site during the 2018 rainy season to observe for any ponding that might
suggest the presence of a vernal pool. The site is occasionally disced for weed control, which obscures
any signs of past inundation. Limited areas of short-duration inundation were observed at the site, but
these areas did not support wetland vegetation communities’ characteristic of vernal pools.
Listed Fairy Shrimp
The MSHCP requires habitat assessments for listed fairy shrimp, including the vernal pool fairy shrimp
(Branchinecta lynchi) and the Riverside fairy shrimp (Streptocephalus woottoni), and focused surveys
where suitable habitat is present.
The vernal pool fairy shrimp is found in grasslands in ponded areas such as vernal pools, cattle watering
holes, basins, etc. Fairy shrimp are confined to temporary pools that fill in spring and evaporate by late
4.1.v
Packet Pg. 260 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 38
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
spring to early summer. In southern California, this species is found primarily in the interior of western
Riverside County, central Santa Barbara County, and eastern Orange County and more recently in Los
Angeles County. Since most pools preferred by fairy shrimp are found in flat areas, many have been lost
to agricultural activities and residential development. The limited extent of available habitat, plus the on-
going loss has resulted in the vernal pool fairy shrimp being listed as threatened by the USFWS.
The Riverside fairy shrimp is known only from ephemeral pools in farmlands and similar open, flat terrain.
Fairy shrimp are confined to temporary pools that fill in spring and evaporate by late spring to early sum-
mer. The Riverside fairy shrimp is known only from southern Orange and western Riverside and San Di-
ego Counties. Ongoing farming and development in these areas have resulted in the loss and degrada-
tion of these habitats. Therefore, the USFWS has listed the Riverside fairy shrimp as endangered.
Pursuant to the USFWS protocol for surveys of listed branchiopods, GLA biologists performed a wet sea-
son fairy shrimp survey during the 2017-2018 wet season. GLA monitoring the site following rainfall
events to determine if suitable ponding was present with the potential to support fairy shrimp. Pursuant to
USFWS protocol, the sampling of pools is required seven days following the initial inundation, and every
seven days thereafter until features are no longer ponded. The site did not exhibit ponding seven days
after rain events, including after events resulting in more than one inch of rainfall, and therefore sampling
was not required for the site. Based on the lack of suitable ponding, it was determined that the site does
not have the potential to support listed fairy shrimp.
Army Corps of Engineers
The Corps regulates discharges of dredged or fill material into waters of the United States. These water-
sheds include wetlands and non-wetland bodies of water that meet specific criteria. The lateral limit of
Corps jurisdiction extends to the Ordinary High-Water Mark (OHWM) and to any wetland areas extending
beyond the OHWM; thus, the maximum jurisdictional area is represented by the OHWM or wetland limit,
whichever is greater.
Corps regulatory jurisdiction pursuant to Section 404 of the Clean Water Act is founded on a connection
or nexus between the water body in question and interstate (waterway) commerce. This connection may
be direct, through a tributary system linking a stream channel with traditional navigable waters used in
interstate or foreign commerce, or may be indirect, through a nexus identified in the Corps regulations.
The Project site does not contain any waters of the United States, including wetlands, that would be sub-
ject to Corps jurisdiction pursuant Section 404 of the Clean Water Act.
Regional Water Quality Control Board
The Corps has delegated the authority for use of 404 permits to each individual state. The use of a 404
permit in California is regulated by the State Water Resources Control Board (SWRCB) under Section
401 of the Clean Water Act regulations. The Board has authority to issue a 401 permit that allows the use
of a 404 permit in the state, with the authority in the state being vested in regional offices known as Re-
gional Water Quality Control Boards (RWQCB).
Under the Porter-Cologne Act of 2003, the SWRCB has extended its responsibilities to include impacts to
water quality from non-point source pollution. In addition, the SWRCB has the responsibility to require
that projects address groundwater and water quality issues, which would be evaluated as part of the ge-
otechnical and hydrology studies. Their authority extends to all waters of the State (of California).
The Project site does not contain any waters that would come under the jurisdiction of the Santa Ana
RWQCB or provide any Beneficial Uses (BUs) that might come under the RWQCB protection.
Therefore, the Project will have no impact, directly, indirectly, and cumulatively on federally protected
wetlands.
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with an established native resident or migratory
4.1.v
Packet Pg. 261 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 39
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
wildlife corridors, or impede the use of native wild-
life nursery sites?
Response: (Source: General Plan as amended October 19, 2012; Resource Management Element – Figure RM-1 – Open
Space Resources; RM-3 – Vegetation Communities; General Plan EIR; General Plan EIR Addendum August 2012; General Plan
EIR Figure 5.4-1 – Vegetation Communities; Figure 5.4-2 – San Jacinto Valley Area Plan with Vegetation, Cells and Cell Groups
Keyed to MSHCP Criteria; Riverside County Multiple Species Habitat Conservation Plan (MSHCP); Development Code Chapter
17.520 – Natural Resource Conservation; & General Biological Report, prepared by Glenn Lukos Associates, Inc., April 2018)
Habitat Fragmentation and Wildlife Movement
Wildlife movement and the fragmentation of wildlife habitat are recognized as critical issues that must be
considered in assessing impacts to wildlife. In summary, 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 diverse types of corridors. Wildlife corridors are especially important
for connecting fragmented wildlife habitat areas.
The Project site is in an area already fragmented and is surrounded by paved roads, commercial, resi-
dential 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. Therefore, the Project
will have less than significant impact on habitat fragmentation and wildlife movement.
Raptors, Migratory Birds, and Habitat
Most of the raptor species (eagles, hawks, falcons, and owls) are experiencing population declines be-
cause of habitat loss. Some, such as the peregrine falcon, have also experienced population losses as a
result of environmental toxins affecting reproductive success, animals destroyed as pests or collected for
falconry, and other direct impacts on individuals. Only a few species, such as the red-tailed hawk and
barn owl, have expanded their range despite or a result of human modifications to the environment. As a
group, raptors are of concern to state and federal agencies.
Raptors and all migratory bird species, whether listed or not, also receive protection under the Migratory
Bird Treaty Act (MBTA) of 1918. The MBTA prohibits individuals to kill, take, possess or sell any migratory
bird, bird parts (including nests and eggs) except per regulations prescribed by the Secretary of the Inte-
rior Department (16 U. S. Code 703).
Additional protection is provided to all bald and golden eagles under the Bald and Golden Eagle Protec-
tion Act of 1940, as amended. State protection is extended to all birds of prey by the CDFW Code, Sec-
tion 2503.5. No take is allowed under these provisions except through the approval of the agencies or
their designated representatives.
The Project site has a limited potential to support nesting birds. With the exception of the three palm
trees and an additional ornamental tree located within the U-Haul facility lot, the site does not contain any
trees or shrubs. The remainder of the site contains weedy groundcover with some potential to support
common ground-nesting birds. This context of potential nesting habitat does not constitute a wildlife
nursery site, and the loss of nesting habitat would be considered a less than significant impact.
Although the loss of nesting habitat would be less than significant, impacts to active bird nests are still
prohibited by the MBTA and the California Fish and Game Code, and therefore a mitigation measure (MM
BIO 2) is recommended to prevent impacts to active bird nests.
With Mitigation Measure MM BIO-2 the Project will have a less than significant impact with mitigation,
directly, indirectly, or cumulatively on the movement of any native resident or migratory fish or wildlife
species or with an established native resident or migratory wildlife corridors or impede the use of native
wildlife nursery sites.
MM BIO 2: Demolition, grading and/or construction activities shall occur outside of the nesting sea-
son (February 1 through August 31), if feasible. If the nesting season cannot be avoided,
then a breeding bird survey will be required no more than 7 days prior to the disturbance
4.1.v
Packet Pg. 262 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 40
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
of potential nesting habitat to determine if nesting is occurring. Nests will not be disturbed
unless a qualified biologist verifies through non-invasive methods that either (a) the adult
birds have not begun egg-laying and incubation, or (b) the juveniles from the occupied
nests are foraging independently and are capable of independent survival. If the biologist
is not able to verify one of the above conditions, then no disturbance shall occur during
the breeding season within a distance determined by the qualified biologist for each nest
or nesting site.
e) Conflict with any local policies or ordinances pro-
tecting biological resources, such as a tree preser-
vation policy or ordinance?
Response: (Source: General Plan as amended October 19, 2012; Resource Management Element – Figure RM-1 – Open
Space Resources; RM-3 – Vegetation Communities; General Plan EIR; General Plan EIR Addendum August 2012; General Plan
EIR Figure 5.4-1 – Vegetation Communities; Figure 5.4-2 – San Jacinto Valley Area Plan with Vegetation, Cells and Cell Groups
Keyed to MSHCP Criteria; Riverside County Multiple Species Habitat Conservation Plan (MSHCP); Development Code Chapter
17.520 – Natural Resource Conservation; & General Biological Report, prepared by Glenn Lukos Associates, Inc., April 2018)
The Project will not conflict with any local policies or ordinances protecting biological resources; therefore
it will have no impact, directly, indirectly, or cumulatively.
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conserva-
tion Plan, or another approved local, regional, or
state habitat conservation plan?
Response: (Source: General Plan as amended October 19, 2012; Resource Management Element – Figure RM-1 – Open
Space Resources; RM-3 – Vegetation Communities; General Plan EIR; General Plan EIR Addendum August 2012; General Plan
EIR Figure 5.4-1 – Vegetation Communities; Figure 5.4-2 – San Jacinto Valley Area Plan with Vegetation, Cells and Cell Groups
Keyed to MSHCP Criteria; Riverside County Multiple Species Habitat Conservation Plan (MSHCP); Development Code Chapter
17.520 – Natural Resource Conservation; Revised Biological Survey – Burrowing Owl and Narrow Endemic Species, prepared by
Salem Engineering Group, Inc., April 3, 2017; Municipal Code Chapter 58 – Planning and Development; Article IV – Habitat Con-
servation; Municipal Code Chapter 31 – Multiple Species Habitat Conservation Plan Mitigation Fee; & General Biological Report,
prepared by Glenn Lukos Associates, Inc., April 2018)
The subject property is located within the boundaries of the Western Riverside County Multiple Species
Habitat Conservation Plan (MSHCP) and the Stephens’ Kangaroo Rat Habitat Conservation Plan
(SKRHCP). As such, the Project will be conditioned for the payment of the MSHCP Development Mitiga-
tion Fee, which will mitigate potential impacts to MSHCP covered species, and the SKR fee.
The Project site is not within the MSHCP Criteria Area, or adjacent to an MSHCP-designated Conserva-
tion Area, or within an SKRHCP Core Reserve, so no additional mitigation measures or provisions are
required. The Project will not conflict with the provisions of any Habitat Conservation Plans or Natural
Community Conservation Plans.
The Project will have a less than significant impact, directly, indirectly, and cumulatively, on an adopted
Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional, or
state habitat conservation plan.
V. CULTURAL RESOURCES – Would the project:
a) Cause a substantial adverse change in the signifi-
cance of a historical resource as defined in
§ 15064.5?
Response: (Source: General Plan as amended October 19, 2012; Resource Management Element Figure RM-4 – Cultural Re-
sources; General Plan FEIR; Figure 5.5-1 – Existing Cultural Resources; General Plan EIR Addendum August 2012; General Plan
EIR Figure 5.1-1 – Existing Cultural Resources; Development Code Chapter 17.500 – Archaeological and Paleontological Protec-
tion; Chapter 17.510 – Historic Preservation; & Report of Findings From a Record Search Conducted for Assessor’s Parcel Number
439-120-042, prepared by SRS, October 5, 2017)
The results of an in-depth archaeological and historical records search for the Project area did not yield
evidence of prehistoric or historic properties within the Project area. However, forty-eight (48) cultural
resources have been identified and recorded within a one-mile radius of the Project area, many of these
tribal in nature. Therefore, archaeological monitoring by a Riverside County Certified archaeologist and a
Native American Tribal Monitor is strongly recommended during all earth-moving activities (see MM CR-1
4.1.v
Packet Pg. 263 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 41
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
and MM CR-2).
The existing structures on the property were prior residential units that have been used as office and
storage space for the U-Haul business currently on the site. Although these structures are over 50-years
of age, they have been heavily altered and are in a poor state of repair. In their current state, these struc-
tures would not qualify as significant resources, as they would not be regarded as the work of a master
architect or possess high artistic value. As well, these structures were not recognized on the County In-
ventory. The Project meets the City’s resource management goals and the Project will have no effect on
the historic downtown core.
The Project will have a less than significant impact with mitigation, directly, indirectly, and cumulative-
ly on any historical resource or archeological resource as defined in § 15064.5, or on any Tribal Cultural
Resource as defined in Public Resources Code Section 21074.
MM CR 1: An Archaeological Mitigation and Monitoring Plan (AMMP) shall be developed in coordi-
nation with the Soboba Band of Luiseño Indians and the City of San Jacinto prior to initi-
ating demolition and/or grading. The plan shall involve monitoring of all ground disturbing
activities by a Riverside County qualified archaeologist and a Native American Monitor.
The plan shall include a protocol for the mitigation and significance testing of inadvertent
archaeological finds.
MM CR-2: Prior to demolition permit and/or 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 re-
mains associated with Soboba Band of Luiseño Indians that may be uncovered or other-
wise discovered during ground disturbing activities related to the Project and provide the
City with a copy of the executed agreement. The TDA will establish provisions for tribal
monitors.
b) Cause a substantial adverse change in the signifi-
cance of an archaeological resource pursuant to
§ 15064.5?
Response: (Source: General Plan as amended October 19, 2012; Resource Management Element Figure RM-4 – Cultural Re-
sources; General Plan FEIR; Figure 5.5-1 – Existing Cultural Resources; General Plan EIR Addendum August 2012; General Plan
EIR Figure 5.1-1 – Existing Cultural Resources; Development Code Chapter 17.500 – Archaeological and Paleontological Protec-
tion; Chapter 17.510 – Historic Preservation; & Report of Findings From a Record Search Conducted for Assessor’s Parcel Number
439-120-042, prepared by SRS, October 5, 2017)
See response V a) above.
c) Directly or indirectly destroy a unique paleontolog-
ical resource or site or unique geologic feature?
Response: (Source: General Plan as amended October 19, 2012; Resource Management Element Figure RM-4 – Cultural Re-
sources; General Plan FEIR; Figure 5.5-1 – Existing Cultural Resources; General Plan EIR Addendum August 2012; General Plan
EIR Figure 5.1-1 – Existing Cultural Resources; Development Code Chapter 17.500 – Archaeological and Paleontological Protec-
tion; Chapter 17.510 – Historic Preservation; & Report of Findings From a Record Search Conducted for Assessor’s Parcel Number
439-120-042, prepared by SRS, October 5, 2017)
The Records Search prepared for this site did not find any prehistoric sites identified on nearby proper-
ties. Nevertheless, grading could impact unknown resources and the site is located in an area of High
Sensitivity (High B) which is based on the occurrence of fossils at a specified depth below the surface.
The category High B indicates that fossils are likely to be encountered at or below four feet of depth and
may be impacted during excavation by construction activities. Therefore, the Project as currently de-
signed would have a less than significant impact with mitigation, directly, indirectly, and cumulatively.
MM PALEO -1: If paleontological resources are encountered during demolition and/or grading, ground
disturbance activities shall cease so a qualified paleontological monitor can evaluate any
paleontological resources exposed during the grading activity. If paleontological re-
sources 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 ade-
4.1.v
Packet Pg. 264 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 42
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
quately characterized and preserved. Collected specimens will be sent to the appropriate
authorities for collection.
d) Disturb any human remains, including those in-
terred outside of formally dedicated cemeteries
(see Public Resources Code, Ch. 1.75, §5097.98,
and Health and Safety Code § 7050.5(b))?
Response: (Source: General Plan as amended October 19, 2012; Resource Management Element Figure RM-4 – Cultural Re-
sources; General Plan FEIR; Figure 5.5-1 – Existing Cultural Resources; General Plan EIR Addendum August 2012; General Plan
EIR Figure 5.1-1 – Existing Cultural Resources; Development Code Chapter 17.500 – Archaeological and Paleontological Protec-
tion; Chapter 17.510 – Historic Preservation; & Report of Findings From a Record Search Conducted for Assessor’s Parcel Number
439-120-042, prepared by SRS, October 5, 2017)
No cemeteries or human remains are known to occur on-site and it is unlikely that human remains will be
uncovered during Project development. Implementation of mitigation measure MM CR 3 will assure that
impacts will be less than significant with mitigation, directly, indirectly, or cumulatively.
MM CR-3: 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 loca-
tion constitute a cemetery (Section 8100), and disturbance of Native American cemeter-
ies is a felony (Section 7052). Section 7050.5 requires that excavation is stopped near
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, Morongo Band of Mission Indians and
the Soboba Band of Luiseño Indians shall be notified, and appropriate measures provid-
ed 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 de-
termine the most appropriate means of treating the human remains and any associated
grave artifacts.
VI. GEOLOGY AND SOILS – Would the project:
a) Expose people or structures to potential substan-
tial adverse effects, including the risk of loss, injury
or death involving:
i) Rupture of a known earthquake fault, as delineat-
ed 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 Ge-
ology Special Publication 42.
Response: (Source: General Plan as amended October 19, 2012; Public Safety Element; Figure PS-1 – Geologic & Seismic
Hazards; General Plan FEIR; Figure 5.6-1 – Seismic Hazards; General Plan EIR Addendum August 2012; SJMC Chapter 15.24 –
Earthquake Hazard Reduction Code; SJMC Chapter 16.28 – Soils Report; & Geotechnical Investigation Proposed Commercial De-
velopment Commonwealth Avenue at San Jacinto Avenue, prepared by Sladden Engineering, November 2, 2017)
The Peninsular Range has historically been a province of relatively high seismic activity. The nearest
faults to the Project site are associated with the San Jacinto-San Jacinto Valley Fault system located less
than 1.2 miles from the site. The Project site is not located within any State of California or County of
Riverside designated fault zone. The Project is likely to experience strong seismic shaking during the
design life of the proposed Project. In general, the intensity of ground shaking will depend on several fac-
tors including the distance to the earthquake focus, the earthquake magnitude, the response characteris-
tics of the underlying materials, and the quality and type of construction.
Surface Rupture
Surface rupture is expected to occur along preexisting, known active fault traces. However, a surface
rupture could potentially splay or step from known active faults or rupture along unidentified traces.
4.1.v
Packet Pg. 265 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 43
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
Based on Sladden’s review of Jennings (1994), CDMG (1980), Dibblee (2003) and RCPR (2017) known
faults are not mapped on or projecting toward the site. In addition, no signs of active surface faulting
were observed during their review of non-stereo digitized photographs of the site and site vicinity (Google,
2017). Finally, no signs of active surface fault rupture or secondary seismic effects (lateral spreading,
lurching etc.) were identified on-site during their field investigation. Therefore, it is their opinion that risks
associated with primary surface ground rupture should be considered "low".
Ground Shaking
The site has been subjected to past ground shaking by faults that traverse through the region. Strong
seismic shaking from nearby active faults is expected to produce strong seismic shaking during the de-
sign life of the proposed Project. A probabilistic approach was employed to the estimate the peak ground
acceleration (aim.) that could be experienced at the site. Based on the USGS Unified Hazard Tool
(USGS, 2017c) and shear wave velocity (Vs30) of 259 m/s, the site could be subjected to ground motions
on the order of 0.62g. The peak ground acceleration at the site is judged to have a 475-year return peri-
od and a 10 percent chance of exceedance in 50 years.
Based on this analysis, compliance with an approved Geotechnical report, California Building Code and
SJMC Chapters 15.24 – Earthquake Hazard Reduction Code and Chapter 16.28 – Soils Report will en-
sure that risks associated with primary surface ground rupture should be considered "low". Therefore, the
potential hazards associated with fault rupture and ground shaking are considered less than significant
with mitigation, directly, indirectly, and cumulatively.
MM GEO-1: The recommendations of the Geotechnical Report prepared by Sladden Engineering,
shall be followed through site preparation and building construction. A Geotechnical En-
gineer shall be present at the site during site demolition and preparation to observe site
clearing/demolition, preparation of exposed surface after clearing, and placement, treat-
ment, and compaction of fill material.
ii) Strong seismic ground shaking?
Response: (Source: General Plan as amended October 19, 2012; Public Safety Element; Figure PS-1 – Geologic & Seismic
Hazards; General Plan FEIR; Figure 5.6-1 – Seismic Hazards; General Plan EIR Addendum August 2012; SJMC Chapter 15.24 –
Earthquake Hazard Reduction Code; SJMC Chapter 16.28 – Soils Report; & Geotechnical Investigation Proposed Commercial De-
velopment Commonwealth Avenue at San Jacinto Avenue, prepared by Sladden Engineering, November 2, 2017)
See response VI a) i) above.
iii) Seismic-related ground failure, including liquefac-
tion?
Response: (Source: General Plan as amended October 19, 2012; Public Safety Element; Figure PS-1 – Geologic & Seismic
Hazards; General Plan FEIR; Figure 5.6-1 – Seismic Hazards; General Plan EIR Addendum August 2012; SJMC Chapter 15.24 –
Earthquake Hazard Reduction Code; SJMC Chapter 16.28 – Soils Report; & Geotechnical Investigation Proposed Commercial De-
velopment Commonwealth Avenue at San Jacinto Avenue, prepared by Sladden Engineering, November 2, 2017)
Liquefaction is the process in which loose, saturated granular soil loses strength because of cyclic load-
ing. The strength loss is a result of a decrease in granular sand volume and a positive increase in pore
pressures. Generally, liquefaction can occur if all the following conditions apply: liquefaction-susceptible
soil, groundwater within a depth of 50- feet or less, and strong seismic shaking.
Riverside County reports that the liquefaction potential at this site is “moderate.” However, ground-
water data available at CDWR (2017) indicates groundwater depths greater than 50-feet below
ground surface (bgs) in the vicinity of the site. Based on the depth to groundwater Sladden’s opinion
is that risk associated with liquefaction should be considered “low.”
Implementation of existing state and local laws and regulations concerning soil liquefaction and ground
failure is required of all projects in the City. As well, implementation of MM GEO-1 will ensure all ge-
otechnical issues are addressed. Therefore, impacts related to liquefaction and ground failure would be
less than significant with mitigation, directly, indirectly, and cumulatively.
iv) Landslides?
4.1.v
Packet Pg. 266 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 44
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
Response: (Source: General Plan as amended October 19, 2012; Public Safety Element; Figure PS-1 – Geologic & Seismic
Hazards; General Plan FEIR; Figure 5.6-1 – Seismic Hazards; General Plan EIR Addendum August 2012; SJMC Chapter 15.24 –
Earthquake Hazard Reduction Code; SJMC Chapter 16.28 – Soils Report; & Geotechnical Investigation Proposed Commercial De-
velopment Commonwealth Avenue at San Jacinto Avenue, prepared by Sladden Engineering, November 2, 2017)
The site is located on the relatively flat ground and not immediately adjacent to any slopes or hillsides.
Therefore, impacts related to landsliding and slope failure would be less than significant, directly, indi-
rectly, and cumulatively.
b) Result in substantial soil erosion or the loss of top-
soil?
Response: (Source: General Plan as amended October 19, 2012; Public Safety Element; Figure PS-1 – Geologic & Seismic
Hazards; General Plan FEIR; Figure 5.6-1 – Seismic Hazards; General Plan EIR Addendum August 2012; SJMC Chapter 15.24 –
Earthquake Hazard Reduction Code; SJMC Chapter 16.28 – Soils Report; & Geotechnical Investigation Proposed Commercial De-
velopment Commonwealth Avenue at San Jacinto Avenue, prepared by Sladden Engineering, November 2, 2017)
Erosion is a large-scale impact caused by human activity and disturbance of surface soil, wind, and wa-
ter. Erosion cannot be eliminated altogether, although existing regulations such as the CBC (which in-
cludes erosion control measures and best management practices) and NPDES permit requirements can
reduce the potential impacts of erosion. No signs of erosion were observed during Sladden’s field inves-
tigation conducted on September 7, 2017.
The Project does propose to import 5,000 cubic yards of soil. To ensure the imported soils meet all nec-
essary geotechnical requirements the imported soil will require additional soils investigation.
Adherence to state and local regulations will reduce impacts related to erosion to less than significant
with mitigation, directly, indirectly, and cumulatively.
MM GEO-2: Submit an updated geotechnical soils reports covering the imported soils to the site, to
the Engineering Department for review and approval prior to issuance of a grading per-
mit.
c) Be located on a geologic unit or soil that is unsta-
ble, or that would become unstable as a result of
the project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefac-
tion, or collapse?
Response: (Source: General Plan as amended October 19, 2012; Public Safety Element; Figure PS-1 – Geologic & Seismic
Hazards; General Plan FEIR; Figure 5.6-1 – Seismic Hazards; General Plan EIR Addendum August 2012; SJMC Chapter 15.24 –
Earthquake Hazard Reduction Code; SJMC Chapter 16.28 – Soils Report; & Geotechnical Investigation Proposed Commercial De-
velopment Commonwealth Avenue at San Jacinto Avenue, prepared by Sladden Engineering, November 2, 2017)
Liquefaction is a process whereby strong earthquake shaking causes sediment layers that are saturated
with groundwater to lose strength and behave as a fluid. This sub-surface process can lead to near-
surface or surface ground failure that can result in property damage and structural failure. If surface
ground failure does occur, it is usually expressed as lateral spreading, flow failures, ground oscillation,
and/or general loss of bearing strength. Sand boils (injections of fluidized sediment) can commonly ac-
company these different types of failure. See response VI a) iii) above.
Collapsible Soils are low-density, silty to very fine-grained, predominantly granular soils containing minute
pores and voids. When saturated, these soils undergo a rearrangement of their grains and a loss of ce-
mentation, causing substantial, rapid settlement under even relatively light loads. A rise in the groundwa-
ter table or an increase in surface water infiltration, combined with the weight of a building or structure,
can cause rapid settlement and consequent cracking of foundations and walls. Collapsible soils generally
result from rapid deposition close to the source of the sediment where the materials have not been suffi-
ciently moistened to form a compact soil.
Subsidence is the sinking of the land surface. Evidence of subsidence includes ground cracking and
damage to roadways, aqueducts, and structures. Subsidence caused by excessive groundwater pumping
is a common occurrence in areas of California where groundwater is pumped for agricultural and munici-
4.1.v
Packet Pg. 267 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 45
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
pal wells.
Landslides are characterized by steep slopes.
Due to the depth of groundwater, hazards resulting from liquefaction is negligible. A thin mantle of
fill/disturbed soil was encountered to a depth of approximately three-feet below existing grade. Underly-
ing the fill soil and extending to the maximum depth explored, native alluvium was encountered. The site
soil consists of interbedded silty sand (SM) and sandy silt (ML). Based on the results of Sladden’s la-
boratory testing (EI=69), the materials underlying the site are considered to have a “medium” expansion
potential. The expansion potential of the surface soil should be reevaluated after grading.
Locally, no fissures or other surficial evidence of subsidence were observed at or near the subject site.
However, site-specific effects resulting from long-term regional subsidence was beyond the scope of
Sladden’s investigation.
Due to the presence of artificial fill soil and the loose conditions of the near-surface soil, remedial grading
including over-excavation and re-compaction is recommended.
Through adherence to state and local seismic and structural regulations (i.e., California Seismic Hazards
Mapping Act, California Building Code, San Jacinto Municipal Code, NPDES Permit Requirements) and
MM GEO 1 and MM GEO 2 the impacts of unstable soils resulting in on- or off-site landslide, lateral
spreading, subsidence, liquefaction, or collapse will be less than significant with mitigation, directly,
indirectly, and cumulatively.
d) Be located on expansive soil, as defined in Table
18-1-B of the Uniform Building Code, creating
substantial risks to life or property?
Response: (Source: General Plan as amended October 19, 2012; Public Safety Element; Figure PS-1 – Geologic & Seismic
Hazards; General Plan FEIR; Figure 5.6-1 – Seismic Hazards; General Plan EIR Addendum August 2012; SJMC Chapter 15.24 –
Earthquake Hazard Reduction Code; SJMC Chapter 16.28 – Soils Report; & Geotechnical Investigation Proposed Commercial De-
velopment Commonwealth Avenue at San Jacinto Avenue, prepared by Sladden Engineering, November 2, 2017)
Expansive soils contain certain types of clay minerals that shrink or swell as the moisture content chang-
es; the shrinking or swelling can shift, crack, or break structures built on such soils. Arid or semi-arid are-
as with seasonal changes of soil moisture experience a much higher frequency of problems from expan-
sive soils than areas with higher rainfall and more constant soil moisture.
The California Building Code (CBC) 2016, Volume 2, Chapter 18, Division 1 Section 1803.2 mandates
that special foundation design consideration is employed if the soil expansion Index is 20, or greater in
accordance with Table 18-1-B. The methodology and scope for a geotechnical investigation are de-
scribed in UBC Section 1803 and requires an assessment of a variety of factors, such as slope stability,
soil strength, adequacy of load-bearing soils, the presence of compressible or expansive soils, and the
potential for liquefaction. The required content of the geotechnical report includes recommendations for
foundation type and design criteria. These recommendations can include foundation design provisions
that are intended to mitigate the effects of expansive soils, liquefaction, and differential settlement. In
general, mitigation can be accomplished through a combination of ground modification techniques (i.e.,
stone columns, reinforcing nail and anchors, deep soil mixing, etc.), selection of an appropriate founda-
tion type and configuration, and use of appropriate building/foundation structural systems. Section
1804.5 Excavation, Grading, and Fill require the preparation of a geotechnical report where a building will
be constructed on compacted fill.
The International Building Code (IBC) replaced earlier regional building codes (including the Uniform
Building Code) in 2000 and established consistent construction guidelines for the nation. In 2006, the
IBC was incorporated into the 2007 California Building Code (CBC), and currently applies to all structures
being constructed in California. The national model codes are therefore incorporated by reference into
the building codes of local municipalities. The CBC includes building design and construction criteria that
take into consideration the State’s seismic conditions.
4.1.v
Packet Pg. 268 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 46
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
Expansion Index testing of select samples of soil was performed to evaluate the expansion potential of
the materials underlying the site. Based on the results of the laboratory testing (EI=69). Accordingly, the
risk of structural damage caused by volumetric changes in the subgrade soil is considered "medium.
Therefore, the site shall be prepared in accordance with the recommendations of the Geotechnical Report
(see MM GEO-1) and the imported soils will require further soils investigation (see MM GEO-2). With
adherence to the UBC and IBC and recommendations of the Geotechnical Report impacts related to ex-
pansive soils will be less than significant with mitigation, directly, indirectly, and cumulatively.
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater dis-
posal systems where sewers are not available for
the disposal of wastewater?
Response: (Source: General Plan as amended October 19, 2012; Public Safety Element; Figure PS-1 – Geologic & Seismic
Hazards; General Plan FEIR; Figure 5.6-1 – Seismic Hazards; General Plan EIR Addendum August 2012; SJMC Chapter 15.24 –
Earthquake Hazard Reduction Code; SJMC Chapter 16.28 – Soils Report; & Geotechnical Investigation Proposed Commercial De-
velopment Commonwealth Avenue at San Jacinto Avenue, prepared by Sladden Engineering, November 2, 2017)
The proposed Project will be served by the City of San Jacinto’s sewer infrastructure. Therefore, the Pro-
ject will have no impact, directly, indirectly, or cumulatively.
VII. GREENHOUSE GAS EMISSIONS – Would the
project:
a) Generate greenhouse gas emissions, either directly
or indirectly, that may have a significant impact on
the environment?
Response: (Source: Air Quality and Greenhouse Gas Study, prepared by MD Acoustics, November 3, 2017; & Memo from MD
Acoustics, February 19, 2018)
Construction Greenhouse Gas Emissions Impact
The greenhouse gas emissions from Project construction equipment and worker vehicles are shown in
the Table below. The emissions are from all phases of construction. The total construction emissions
amortized over a period of 30 years are estimated at 17.93 metric tons of CO2e per year. Annual CalE-
EMod output calculations are provided in Appendix B of the Air Quality and Greenhouse Gas Impact
Study, prepared by MD Acoustics for this Project.
Construction Greenhouse Gas Emissions
Activity Emissions (MTCO2e)1
Onsite Offsite Total
Demolition 35.4 2.0 37.4
Grading 27.3 10.7 38.0
Building Construction2 274.1 162.4 436.5
Paving 20.6 1.4 22.1
Coating 2.6 1.3 3.9
Total 324.6 175.9 537.9
Averaged over 30 years3 11 6 17.93
Notes:
1. MTCO2e=metric tons of carbon dioxide equivalents (includes carbon dioxide, methane, and nitrous oxide).
2. Building Construction is estimated to last less than a year.
3. The emissions are averaged over 30 years because the average is added to the operational emissions,
pursuant to SCAQMD.
* CalEEMod output (Appendix B of the Air Quality and Greenhouse Gas Study)
4.1.v
Packet Pg. 269 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 47
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
Operational Greenhouse Gas Emissions Impact
Operational emissions occur over the life of the Project. The unmitigated operational emissions for the
Project are 3,164.17 metric tons of CO2e per year as shown in the table below. These emissions exceed
the SCAQMD screening threshold for all land uses of 3,000 metric tons of CO2e per year, and mitigation
is required. Therefore, the impact is less than significant with mitigation, directly, indirectly, and cu-
mulatively.
Opening Year Project-Related Greenhouse Gas Emissions
Category Greenhouse Gas Emissions (Metric Tons/Year)1
Bio-CO2 NonBio-CO2 CO2 CH4 N2O CO2e
Area Sources2 0.00 0.01 0.01 0.00 0.00 0.01
Energy Usage3 0.00 270.65 270.65 0.01 0.00 271.79
Mobile Sources4 0.00 2,760.94 2,760.94 0.26 0.00 2,767.33
Solid Waste6 22.98 0.00 22.98 1.36 0.00 56.93
Water7 2.13 40.89 43.02 0.22 0.00 50.19
Construction8 0.00 16.62 16.62 0.00 0.00 17.93
Total Emissions 25.11 3,089.11 3,114.22 1.85 0.01 3,164.17
SCAQMD Draft Screening Threshold 3,000
Exceeds Threshold? Yes
Notes:
1 Source: CalEEMod Version 2016.3.2
2 Area sources consist of GHG emissions from consumer products, architectural coatings, and landscape equipment.
3 Energy usage consists of GHG emissions from electricity and natural gas usage.
4 Mobile sources consist of GHG emissions from vehicles.
5 Solid waste includes the CO2 and CH4 emissions created from the solid waste placed in landfills.
6 Water includes GHG emissions from electricity used for transport of water and processing of wastewater.
7 Construction GHG emissions based on a 30-year amortization rate.
The data provided in the table below shows that the proposed Project's mitigated emissions would be re-
duced to 2,236.36 MTCO2e per year. As shown in the table, with the incorporation of mitigation
measures MM GHG-1 through MM GHG-4, the Project’s emissions would no longer exceed the SCAQMD
draft local agency tier 3 threshold of 3,000 MTCO2e per year for all land use types. Therefore, the pro-
ject's GHG emissions are considered to be less than significant with mitigation, directly and indirectly
on the generation of greenhouse gases.
Opening Year Mitigated Project-Related Greenhouse Gas Emissions
Category Greenhouse Gas Emissions (Metric Tons/Year)1
Bio-CO2 NonBio-CO2 CO2 CH4 N2O CO2e
Area Sources2 0.00 0.01 0.01 0.00 0.00 0.01
Energy Usage3 0.00 269.51 269.51 0.01 0.00 270.64
Mobile Sources4 0.00 1,885.04 1,885.04 0.23 0.00 1,890.80
Solid Waste6 5.74 0.00 5.74 0.34 0.00 14.23
Water7 1.71 35.31 37.01 0.18 0.00 42.76
Construction8 0.00 16.62 16.62 0.00 0.00 17.93
Total Emissions 7.45 2,206.48 2,213.93 0.76 0.01 2,236.36
SCAQMD Draft Screening Threshold 3,000
Exceeds Threshold? No
Notes:
1 Source: CalEEMod Version 2016.3.2
4.1.v
Packet Pg. 270 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 48
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
2 Area sources consist of GHG emissions from consumer products, architectural coatings, and landscape equipment.
3 Energy usage consists of GHG emissions from electricity and natural gas usage.
4 Mobile sources consist of GHG emissions from vehicles.
5 Solid waste includes the CO2 and CH4 emissions created from the solid waste placed in landfills.
6 Water includes GHG emissions from electricity used for transport of water and processing of wastewater.
7 Construction GHG emissions based on a 30-year amortization rate.
MM GHG-1: The Project applicant shall require that: all faucets, toilets, and showers installed in the
proposed structures utilize low-flow fixtures that would reduce indoor water demand by
20% per CalGreen Standards and that water-efficient landscaping practices are em-
ployed on-site.
MM GHG-2: The Project applicant shall require recycling programs that reduce waste to landfills by a
minimum of 75 percent (per AB 341).
MM GHG-3: The Project applicant shall provide sidewalks that connect on and offsite.
MM GHG-4: The Project applicant will ensure that Energy Star appliances are used onsite, wherever
appliances are required.
b) Conflict with an applicable plan, policy or regulation
adopted for the purpose of reducing the emission of
greenhouse gases?
Response: (Source: Air Quality and Greenhouse Gas Assessment, prepared by MD Acoustics, November 3, 2017; & Memo
from MD Acoustics, February 19, 2018)
The Project will be subject to the policies and ordinances pertaining to air quality and climate change
stated in the City's General Plan. The City of San Jacinto is participating the Western Riverside Council
of Governments (WRCOG) Subregional Climate Action Plan. The WRCOG Subregional CAP establishes
a community-wide emissions reduction target of 15% below 2010, following guidance from CARB and the
Governor’s Office of Planning and Research. CARB and the California Attorney General have deter-
mined this approach to be consistent with the state-wide AB 32 goal of reducing emissions to 1990 levels.
As the City of San Jacinto does not currently have their own Climate Action Plan (CAP), and the goal of
the Subregional CAP is to be consistent with AB-32 and the CARB Scoping Plan (based on the goals of
AB-32), the Project has been compared to the applicable measures of the CARB Scoping Plan.
The next table below Project compliance with the applicable measures of the CARB Scoping Plan. As
shown in the table, the Project complies with the goals of the Scoping Plan.
Consistency with SB-32 and AB-32 SCAQMD's tier 3 thresholds used Executive Order S-3-05 goal as the
basis for deriving the screening level. The California Governor issued Executive Order S-3-05, GHG
Emission, in June 2005, which established the following reduction targets:
• 2010: Reduce greenhouse gas emissions to 2000 levels
• 2020: Reduce greenhouse gas emissions to 1990 levels
• 2050: Reduce greenhouse gas emissions to 80 percent below 1990 levels.
In 2006, the California State Legislature adopted AB 32, the California Global Warming Solutions Act of
2006. AB 32 requires CARB, to adopt rules and regulations that would achieve GHG emissions equiva-
lent to statewide levels in 1990 by 2020 through an enforceable statewide emission cap which was
phased in 2012. Therefore, as the Project's emissions meet the threshold for compliance with Executive
Order S-3-05, the Project's emissions also comply with the goals of AB 32. Additionally, as the project
meets the current interim emissions targets/thresholds established by SCAQMD (as described above),
the Project would also be on track to meet the reduction target of 40 percent below 1990 levels by 2030
mandated by SB-32. Furthermore, all of the post-2020 reductions in GHG emissions are addressed via
regulatory requirements at the State level and the Project will be required to comply with these regula-
4.1.v
Packet Pg. 271 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 49
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
tions as they come into effect.
Therefore, the Project will not conflict with any applicable plan, policy or regulation of an agency adopted
for the purpose of reducing the emissions of greenhouse gases. Impacts are considered to be less than
significant, directly indirectly, and cumulatively.
CARB Scoping Plan Measure Project Comparison
Scoping Plan Measures to Reduce Greenhouse Gas
Emissions Project Compliance with Measure
California Light-Duty Vehicle Greenhouse Gas Stand-
ards – Implement adopted standards and planned
second phase of the program. Align zero-emission ve-
hicle, alternative and renewable fuel, and vehicle tech-
nology programs with long-term climate change goals.
Consistent. These are CARB enforced standards; vehi-
cles that access the project that are required to comply
with the standards will comply with the strategy
Energy Efficiency – Maximize energy efficiency building
and appliance standards; pursue additional efficiency
including new technologies, policy, and implementation
mechanisms. Pursue comparable investment in energy
efficiency from all retail providers of electricity in Cali-
fornia.
Consistent. The project will be compliant with the cur-
rent Title 24 standards.
Low Carbon Fuel Standard – Develop and adopt the
Low Carbon Fuel Standard.
Consistent. These are CARB enforced standards; vehi-
cles that access the project that are required to comply
with the standards will comply with the strategy.
Vehicle Efficiency Measures – Implement light-duty
vehicle efficiency measures.
Consistent. These are CARB enforced standards; vehi-
cles that access the project that are required to comply
with the standards will comply with the strategy.
Medium/Heavy-Duty Vehicles – Adopt medium and
heavy-duty vehicle efficiency measures.
Consistent. These are CARB enforced standards; vehi-
cles that access the project that are required to comply
with the standards will comply with the strategy.
Green Building Strategy – Expand the use of green
building practices to reduce the carbon footprint of Cali-
fornia’s new and existing inventory of buildings.
Consistent. The California Green Building Standards
Code (proposed Part 11, Title 24) was adopted as part
of the California Building Standards Code in the CCR.
Part 11 establishes voluntary standards, that became
mandatory in the 2016 edition of the Code, on planning
and design for sustainable site development, energy
efficiency (in excess of the California Energy Code re-
quirements), water conservation, material conservation,
and internal air contaminants. The project will be sub-
ject to these mandatory standards.
High Global Warming Potential Gases – Adopt
measures to reduce high global warming potential gas-
es.
Consistent. CARB identified five measures that reduce
HFC emissions from vehicular and commercial refriger-
ation systems; vehicles that access the project that are
required to comply with the measures will comply with
the strategy.
Recycling and Waste – Reduce methane emissions at
landfills. Increase waste diversion, composting, and
commercial recycling. Move toward zero-waste.
Consistent. The state is currently developing a regula-
tion to reduce methane emissions from municipal solid
waste landfills. The project is part of the County's pro-
gram for recycling and waste reduction and will assist in
reaching the State's waste reduction goals.
Water – Continue efficiency programs and use cleaner
energy sources to move and treat water.
Consistent. The project will comply with all applicable
City ordinances.
1 Source: CARB Scoping Plan (2008) VIII. HAZARDS AND HAZARDOUS MATERIALS –
Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; General Plan EIR Addendum August
2012; Results of Phase I Environmental Site Assessment Proposed Commercial Development West of San Jacinto Avenue &
Commonwealth Avenue, prepared by Sladden Engineering, September 14, 2017; & Phase II Limited Soil Sampling and Excavation,
prepared by Vertex Companies, Inc., February 2, 2018)
4.1.v
Packet Pg. 272 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 50
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
Hazardous materials are highly regulated in California, including the methods in which they are transport-
ed, used, and stored. The proposed Project will be comprised of a convenience store, service station, car
wash, retail space, fast food drive-throughs and parking areas. It will require the ongoing use, storage
and routine transport of hazardous materials consisting primarily of gasoline and diesel fuel. Common
cleaning chemicals, pesticides, and fertilizers will also be used on-site. The service station will be de-
signed and operated consistent with City, County, State and Federal regulations pertaining to the under-
ground storage and dispensation of flammable materials that including, but not limited to the following:
• 2013 California Fire Code Title 24, Part 9 (CFC 8003.1.3.2) Spill Control Requirements;
• California Code of Regulations Title 13, Motor Vehicles Division 1, 2 and 3;
• California Code of Regulations Title 27, Environmental Protection, as applicable;
• California Mechanical Code (CMC);
• California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Industrial Safety;
• Health and Safety Code, Section 13240 – 1343.6 (California Propane Storage and Handling
Safety Act); and
• National Fire Protection Association (NFPA) Code Section 30a.
With adherence to all applicable regulations pertaining to the construction and operation of a service sta-
tion containing below ground fuel storage tanks, as well as the regulation concerning all hazardous mate-
rial handling the Project would not emit or release hazardous waste or emissions or otherwise adversely
impact public safety through the storage of flammable materials on-site.
The storing or dispensing of hazardous materials will be designed and operated consistent with all appli-
cable City, County, State and Federal regulations and will be subject to routine inspection. Based on
these factors, Project-related impacts associated with the transport or disposal of hazardous materials will
be less than significant, directly, indirectly, or cumulatively.
b) Create a significant hazard to the public or the en-
vironment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; General Plan EIR Addendum August
2012; Results of Phase I Environmental Site Assessment Proposed Commercial Development West of San Jacinto Avenue &
Commonwealth Avenue, prepared by Sladden Engineering, September 14, 2017; & Phase II Limited Soil Sampling and Excavation,
prepared by Vertex Companies, Inc., February 2, 2018)
In addition to VIII a) above concerning the underground tanks and dispensing of fuel, the Project will not
create hazards to the public through upset or accident, as through the construction process any hazard-
ous materials will be handled, stored, and used in compliance with all Federal, State and City regulations.
In addition to the underground fuel tanks, the Project will use various chemicals for routine housekeeping
and landscaping purposes. However, none of these chemicals will be used in sufficient quantities to pose
a threat to humans or the environment if handled and maintained in compliance with City, State, and
Federal regulations. Project-related impacts associated with the hazardous materials will be less than
significant, directly, indirectly, or cumulatively.
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; General Plan EIR Addendum August
2012; Results of Phase I Environmental Site Assessment Proposed Commercial Development West of San Jacinto Avenue &
Commonwealth Avenue, prepared by Sladden Engineering, September 14, 2017; & Phase II Limited Soil Sampling and Excavation,
prepared by Vertex Companies, Inc., February 2, 2018)
The Hyatt Preschool is approximately 2,225-feet from the closest point of the subject property. Through
the construction process, any hazardous materials will be handled, stored, and used in compliance with
all Federal, State and City regulations. As noted in VIII a-b) above, the Project will create convenience
4.1.v
Packet Pg. 273 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 51
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
store, service station, car wash, retail space, tire store, fast food Drive-Through, and parking areas that
will include underground fuel storage tanks and that will store and use various chemicals for routine
housekeeping and landscaping purposes.
A tire store has the potential for the storage of used car batteries, tires, oil, and other hazardous materials
regulated by the State of California. The storage either indoor or outdoor of these hazardous items has a
potential for hazardous effects. For example, the stockpiling whole tires create two significant hazards:
mosquitoes and fires. Due to their shape and impermeability, tires managed in stockpiles tend to hold
water for long periods of time. This stagnant water provides an ideal breeding ground for mosquitoes and
sites for mosquito larvae development. Stockpiling whole tires also pose a significant fire hazard. These
fires generate large amounts of heat and smoke and are difficult to extinguish. As well, the landfilling of
whole tires consumes a large volume of landfill space because the tires are relatively incompressible and
75% of the space a tire occupies is void. This void space provides potential sites for gas collection and
harboring of rodents.
Through compliance with City, County, State and Federal regulations and mitigation measure MM HAZ-1
the Project will not emit hazardous emissions or handle hazardous or acutely hazardous materials, sub-
stances, or waste to cause danger to surrounding schools, therefore less than significant impacts, di-
rectly, indirectly, or cumulatively to schools will occur.
MM HAZ-1: The storage of tires outside will be strictly prohibited. All used tires shall be sent to a re-
cycling facility on a regular basis.
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 re-
sult, would it create a significant hazard to the pub-
lic or the environment?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; General Plan EIR Addendum August
2012; CERCLIS Facility Information; Regulated Facilities in TRI Information; DTSC EnviroStor Database Listed Sites; Results of
Phase I Environmental Site Assessment Proposed Commercial Development West of San Jacinto Avenue & Commonwealth Ave-
nue, prepared by Sladden Engineering, September 14, 2017; & Phase II Limited Soil Sampling and Excavation, prepared by Vertex
Companies, Inc., February 2, 2018)
The subject property is not located on a site, which is included on a list compiled pursuant to Government
Code Section 65962.3. In addition, a Phase I Environmental Report was prepared for the Project site
which indicates the site is not listed on any agency record and readily available public documents from
standard sources in regard to hazardous materials. The Report does note that there are 13 sites within a
one-mile radius of the Project site.
As part of the Phase I analysis the following observation was made:
• An oil stain measuring approximately 15-feet in diameter was observed on the unpaved area to
the rear (west) of the existing office building.
As part of the Phase II Analysis Vertex performed soil sampling to evaluate surface and subsurface con-
ditions in the stained soil and performed excavation activities on December 7, 2017, and January 24,
2018, to remove impacted soil as identified in the Phase I Report. Based on the data, the constituents of
concern identified at the site were Total Petroleum Hydrocarbons-Diesel Range Organics (TPH-DRO) and
Total Petroleum Hydrocarbons-Motor Oil Range Organics (TPH-MRO). Based on visual observations,
Photoionization Detector (PID) readings and confirmation soil sample results, Vertex successfully re-
moved impacted soil to concentrations below the California Regional Water Quality Control Board San
Francisco Bay (CRWQCB-SFB) Commercial/Industrial Use Environmental Screening Levels (ESLs.
Therefore, no additional investigation or excavation is recommended.
Therefore, this Project will have no impact, directly, indirectly, or cumulatively in terms of creating a sig-
4.1.v
Packet Pg. 274 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 52
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
nificant 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 area?
Response: (Source: Riverside County Land Use Commission – Hemet-Ryan Airport Plan Final 2017)
The City of San Jacinto is outside the Airport Influence Area for the Hemet-Ryan Airport and therefore,
the Project would have no impact on this public airport and there are no other private airports within two
miles of the City.
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?
Response: (Source: Riverside County Land Use Commission – Hemet-Ryan Airport Plan Final 2017)
There are no private airports within two miles of the City and therefore this Project will have no impact,
directly, indirectly, or cumulatively resulting in a safety hazard.
g) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; & General Plan EIR Addendum August
2012)
The City’s Emergency Operation Plan describes the City’s process for responding to emergencies or dis-
asters. In addition, the City, along with most other jurisdictions in Riverside County, joined with the Coun-
ty of Riverside to submit a Multi-Jurisdictional LHMP providing a framework for emergency response.
Project access will be provided on San Jacinto Avenue from a signalized intersection with a secondary
access point along the southern property line to San Jacinto Avenue (right-in/right-out). San Jacinto and
Commonwealth Avenues are existing streets within the City’s established street system. The proposed
Project will not alter the existing circulation pattern in the Project area. Emergency access and evacua-
tion routes will be unaffected by the proposed Project.
The Project provides adequate access for emergency vehicles, including adequate street widths and ver-
tical clearance. Implementation of federal, state, and local laws and regulations in the construction of this
Project would result in less than significant impacts, directly, indirectly, and cumulatively to an adopted
emergency response or evacuation plan
h) Expose people or structures to a significant risk of
loss, injury or death involving wildland fires, includ-
ing where wildlands are adjacent to urbanized ar-
eas or where residences are intermixed with
wildlands?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; Figure 5.7-1 – Fire Hazards; & General
Plan EIR Addendum August 2012)
The Project site is not within a High Fire Hazards Area. The Project will not expose people or structures
to significant risks associated with wildfires and therefore, no impact directly, indirectly, or cumulatively
will occur.
IX. HYDROLOGY AND WATER QUALITY – Would
the project:
a) Violate any water quality standards or waste dis-
charge requirements?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; General Plan EIR Addendum August
2012; Municipal Code Chapter 13.44 – Storm Water Management; Chapter 16.24 – Improvements; Chapter 13.04 – Water Service;
Chapter 15.40 – Floodplain Management; Development Code Section 17.300.120 – Water Quality; Section 17.305.050 – Floodplain
4.1.v
Packet Pg. 275 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 53
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
Management; Section 17.520.050 – Water Quality; Section 17.600.100 – Water Quality Management Plan (WQMP) Required; Pre-
liminary Hydrology Study, prepared by Blaine A. Womer Civil Engineering, October 2, 2017 and Revised February, 8, 2018; & Pro-
ject Specific Water Quality Management Plan, Commonwealth Crossing, Blaine A. Womer Civil Engineering, September 21, 2017)
The Project will have approximately 65% impervious surface area (i.e., asphalt, concrete, and rooftops).
Water quality mitigation is provided through the use of bioretention basins located in the northwest portion
of the site. Stormwater generated onsite is routed through one of three bioretention basins for treatment.
Flows in excess of the water quality design storm are directed to an onsite detention basin for stormwater
incremental increase mitigation. Stormwater quality mitigation is addressed in the Project Specific Prelim-
inary Water Quality Management Plan, including designing landscaping to minimize irrigation and runoff.
In addition, an underground grease interceptor is proposed for the restaurant building. This device is de-
signed to intercept most greases and solids before they enter the wastewater disposal system.
Pursuant to NPDES regulations, the City will require that the Project complies with existing Santa Ana a
RWQCB and City stormwater controls, including compliance with NPDES construction and operation
measures to prevent erosion, siltation, and transport of urban pollutants.
The City of San Jacinto is a Co-Permittee and is required to comply with, the Riverside County municipal
separate storm sewer system (MS4) permit adopted by the Regional Board on January 29, 2010. Since
the Project is greater than one acre a Storm Water Pollution Prevention Plan (SWPPP) pursuant to
California Regional Water Quality Control Board (RWQCB) Santa Ana Region - Order No. 00-65 and
the City's MS4 permit (order no. R8-2002-0011 (NPDES No. CAS 618033) is required.
Pursuant to Section 17.300.120 – Water Quality of the Development Code the Project will not be permit-
ted to discharge any liquids into the public or private drainage system, or into the ground and applicable
requirements and best management practices of RWQCB SWPPP and NPDES permits are required.
Therefore, the Project will be designed for compliance with existing federal, state, and local water quality
laws and regulations related to water quality standards will ensure a less than significant impact, direct-
ly, indirectly, and cumulatively to water quality and discharge
b) Substantially deplete groundwater supplies or in-
terfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater ta-
ble 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)?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; General Plan EIR Addendum August
2012; Municipal Code Chapter 13.44 – Storm Water Management; Chapter 16.24 – Improvements; Chapter 13.04 – Water Service;
Chapter 15.40 – Floodplain Management; Development Code Section 17.300.120 – Water Quality; Section 17.305.050 – Floodplain
Management; Section 17.520.050 – Water Quality; Section 17.600.100 – Water Quality Management Plan (WQMP) Required; Pre-
liminary Hydrology Study, prepared by Blaine A. Womer Civil Engineering, October 2, 2017 and Revised February, 8, 2018; & Pro-
ject Specific Water Quality Management Plan, Commonwealth Crossing, Blaine A. Womer Civil Engineering, September 21, 2017)
San Jacinto is located within the San Jacinto Groundwater Basin (Basin). The Basin underlies the
cities of San Jacinto, Perris, Moreno, and Menifee Valleys in western Riverside County. The basin is
bound by the San Jacinto Mountains to the north, San Timoteo Badlands to the northeast, the Box
Mountains to the north and the Santa Rosa Hills and Bell Mountain to the south. The basin is tran-
sected by the San Jacinto fault zone creating groundwater barriers. The basin is primarily recharged
through percolation in the San Jacinto River and associated tributaries.
The Geotechnical Investigation did not encounter groundwater based on the exploratory bores.
Groundwater level data from CDWR (2017) indicate that the site vicinity has been recorded in ex-
cess of 100 feet below ground surface (bgs) and accordingly groundwater should not be a factor dur-
ing construction.
The Project proposes to connect to a 12-inch water line and an 18-inch sewer line in San Jacinto Avenue.
No new wells or additional water infrastructure are proposed. The Project will be designed for compliance
4.1.v
Packet Pg. 276 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 54
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
with existing Federal, State, and local water quality laws and regulations related to groundwater and will
have less than significant impact on groundwater supplies, directly, indirectly, and cumulatively.
c) Substantially alter the existing drainage pattern of
the site or area, including through the alteration of
the course of a stream or river, in a manner which
would result in substantial erosion or siltation on-
or off-site?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; General Plan EIR Addendum August
2012; Municipal Code Chapter 13.44 – Storm Water Management; Chapter 16.24 – Improvements; Chapter 13.04 – Water Service;
Chapter 15.40 – Floodplain Management; Development Code Section 17.300.120 – Water Quality; Section 17.305.050 – Floodplain
Management; Section 17.520.050 – Water Quality; Section 17.600.100 – Water Quality Management Plan (WQMP) Required; Pre-
liminary Hydrology Study, prepared by Blaine A. Womer Civil Engineering, October 2, 2017 and Revised February, 8, 2018; & Pro-
ject Specific Water Quality Management Plan, Commonwealth Crossing, Blaine A. Womer Civil Engineering, September 21, 2017)
There are no natural drainages on the Project site, the Project will not alter any existing drainage pat-
terns. Stormwater mitigation for this Project includes a detention basin located at the northwest corner.
The basin has been preliminarily sized to detain the difference in runoff volume between the developed
and undeveloped condition 10-year, 24-hour storm, in accordance with Riverside County Flood Control
and Water Conservation District preliminary design criteria. Due to the lack of an acceptable infiltration
rate, a sump pump is proposed in the basin to meter out stormwater flows at a rate substantially lower
than that generated in the undeveloped condition. Through the implementation of the basin pump, the
basin is empty approximately 37 hours after a storm event.
The implementation of BMPs required by the City and implemented through the Project’s Water Quality
Management Plans will mitigate potential erosion impacts to less than significant, directly, indirectly,
and cumulatively.
d) Substantially alter the existing drainage pattern of
the site or area, including through the alteration of
the course of a stream or river, or substantially in-
crease the rate or amount of surface runoff in a
manner which would result in flooding on- or off-
site?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; General Plan EIR Addendum August
2012; Municipal Code Chapter 13.44 – Storm Water Management; Chapter 16.24 – Improvements; Chapter 13.04 – Water Service;
Chapter 15.40 – Floodplain Management; Development Code Section 17.300.120 – Water Quality; Section 17.305.050 – Floodplain
Management; Section 17.520.050 – Water Quality; Section 17.600.100 – Water Quality Management Plan (WQMP) Required; Pre-
liminary Hydrology Study, prepared by Blaine A. Womer Civil Engineering, October 2, 2017 and Revised February, 8, 2018; & Pro-
ject Specific Water Quality Management Plan, Commonwealth Crossing, Blaine A. Womer Civil Engineering, September 21, 2017)
In addition to Response IX c) above, once construction of the Project is complete, landscaped open areas
and the on-site WQMP basins and infrastructure will control storm flows and erosion from the Project.
The design and implementation of these facilities will be reviewed and approved by the City Engineer to
assure compliance with all applicable local, State, and Federal standards.
Implementation of these and other applicable requirements will assure that drainage and stormwater will
not create or contribute water which would exceed the capacity of existing or planned stormwater drain-
age systems or provide substantial additional sources of polluted runoff. Therefore, the Project will have
a less than significant impact, directly, indirectly, or cumulatively to the rate or amount of surface runoff
in a manner which would result in flooding on- or off-site.
e) Create or contribute runoff water which would ex-
ceed the capacity of existing or planned stormwater
drainage systems or provide substantial additional
sources of polluted runoff?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; General Plan EIR Addendum August
2012; Municipal Code Chapter 13.44 – Storm Water Management; Chapter 16.24 – Improvements; Chapter 13.04 – Water Service;
Chapter 15.40 – Floodplain Management; Development Code Section 17.300.120 – Water Quality; Section 17.305.050 – Floodplain
Management; Section 17.520.050 – Water Quality; Section 17.600.100 – Water Quality Management Plan (WQMP) Required; Pre-
liminary Hydrology Study, prepared by Blaine A. Womer Civil Engineering, October 2, 2017 and Revised February, 8, 2018; & Pro-
ject Specific Water Quality Management Plan, Commonwealth Crossing, Blaine A. Womer Civil Engineering, September 21, 2017)
4.1.v
Packet Pg. 277 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 55
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
See Response IX c) & d) above.
f) Otherwise substantially degrade water quality?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; General Plan EIR Addendum August
2012; Municipal Code Chapter 13.44 – Storm Water Management; Chapter 16.24 – Improvements; Chapter 13.04 – Water Service;
Chapter 15.40 – Floodplain Management; Development Code Section 17.300.120 – Water Quality; Section 17.305.050 – Floodplain
Management; Section 17.520.050 – Water Quality; Section 17.600.100 – Water Quality Management Plan (WQMP) Required; Pre-
liminary Hydrology Study, prepared by Blaine A. Womer Civil Engineering, October 2, 2017 and Revised February, 8, 2018; & Pro-
ject Specific Water Quality Management Plan, Commonwealth Crossing, Blaine A. Womer Civil Engineering, September 21, 2017)
As described throughout this section IX, the Project will be required to comply with all applicable water
quality standards. To further minimize potential water quality degradation, the Project will be connected
to the sewer system and on-site/off-site stormwater conveyance system. Project-related water quality
degradation impacts will be less than significant, directly, indirectly, and cumulatively.
g) Place housing within a 100-year flood hazard area
as mapped on a federal Flood Hazard Boundary
or Flood Insurance Rate Map or other flood haz-
ard delineation map?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; General Plan EIR Addendum August
2012; Municipal Code Chapter 13.44 – Storm Water Management; Chapter 16.24 – Improvements; Chapter 13.04 – Water Service;
Chapter 15.40 – Floodplain Management; Development Code Section 17.300.120 – Water Quality; Section 17.305.050 – Floodplain
Management; Section 17.520.050 – Water Quality; Section 17.600.100 – Water Quality Management Plan (WQMP) Required; Na-
tional Flood Hazard Layer FEMA, 06065C1490H, April 19, 2017; Preliminary Hydrology Study, prepared by Blaine A. Womer Civil
Engineering, October 2, 2017 and Revised February, 8, 2018; & Project Specific Water Quality Management Plan, Commonwealth
Crossing, Blaine A. Womer Civil Engineering, September 21, 2017)
The Project site is not located within a 100-year mapped flood zone (FEMA Flood Insurance Rate Map
No. 06065C1490H (April 2017). The Project would redirect on-site drainage patterns; however, it would
not impede or redirect flood flows. As referenced, all drainage would be managed to ensure pre-
construction flows off-site are maintained. The Project would not expose people or structures to flood
hazards from severe storm events.
Compliance with existing Federal, State, and local flood hazard laws and regulations as they pertain to
the design of the Project will result in a less than significant flood hazard impact, directly, indirectly, and
cumulatively.
h) Place within a 100-year flood hazard area struc-
tures which would impede or redirect flood flows?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; General Plan EIR Addendum August
2012; Municipal(Source: General Plan as amended October 19, 2012; General Plan EIR; General Plan EIR Addendum August
2012; Municipal Code Chapter 13.44 – Storm Water Management; Chapter 16.24 – Improvements; Chapter 13.04 – Water Service;
Chapter 15.40 – Floodplain Management; Development Code Section 17.300.120 – Water Quality; Section 17.305.050 – Floodplain
Management; Section 17.520.050 – Water Quality; Section 17.600.100 – Water Quality Management Plan (WQMP) Required; Na-
tional Flood Hazard Layer FEMA, 06065C1490H, April 19, 2017; Preliminary Hydrology Study, prepared by Blaine A. Womer Civil
Engineering, October 2, 2017 and Revised February, 8, 2018; & Project Specific Water Quality Management Plan, Commonwealth
Crossing, Blaine A. Womer Civil Engineering, September 21, 2017)
As noted in IX g) above, the Project site is not in the 100-year floodplain and will not place structures in
an area that would impede or redirect flows. Compliance with existing Federal, State, and local flood
hazard laws and regulations as they pertain to the design of the Project will result in a less than signifi-
cant flood hazard impact, directly, indirectly, and cumulatively.
i) Expose people or structures to a significant risk of
loss, injury or death involving flooding, including
flooding as a result of the failure of a levee or
dam?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; General Plan EIR Addendum August
2012; Municipal Code Chapter 13.44 – Storm Water Management; Chapter 16.24 – Improvements; Chapter 13.04 – Water Service;
Chapter 15.40 – Floodplain Management; Development Code Section 17.300.120 – Water Quality; Section 17.305.050 – Floodplain
Management; Section 17.520.050 – Water Quality; Section 17.600.100 – Water Quality Management Plan (WQMP) Required; Na-
tional Flood Hazard Layer FEMA, 06065C1490H, April 19, 2017; Preliminary Hydrology Study, prepared by Blaine A. Womer Civil
Engineering, October 2, 2017 and Revised February, 8, 2018; & Project Specific Water Quality Management Plan, Commonwealth
Crossing, Blaine A. Womer Civil Engineering, September 21, 2017)
4.1.v
Packet Pg. 278 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 56
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
The subject property does not lie within an area of dam or levee inundation. Therefore, impacts from dam
and levee inundation to the subject property are not significant, directly, indirectly, and cumulatively.
j) Expose people or structures to inundation by
seiche, tsunami, or mudflow?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; General Plan EIR Addendum August
2012; Municipal Code Chapter 13.44 – Storm Water Management; Chapter 16.24 – Improvements; Chapter 13.04 – Water Service;
Chapter 15.40 – Floodplain Management; Development Code Section 17.300.120 – Water Quality; Section 17.305.050 – Floodplain
Management; Section 17.520.050 – Water Quality; Section 17.600.100 – Water Quality Management Plan (WQMP) Required; Na-
tional Flood Hazard Layer FEMA, 06065C1490H, April 19, 2017; Preliminary Hydrology Study, prepared by Blaine A. Womer Civil
Engineering, October 2, 2017 and Revised February, 8, 2018; & Project Specific Water Quality Management Plan, Commonwealth
Crossing, Blaine A. Womer Civil Engineering, September 21, 2017)
Seiche is a temporary disturbance or oscillation in the water level of a lake or partially enclosed body of
water, especially one caused by changes in atmospheric pressure.
Tsunami is a long high sea wave caused by an earthquake, submarine landslide, or other disturbance.
Mudflows (or debris flows) are rivers of rock, earth, and other debris saturated with water. They develop
when water rapidly accumulates in the ground, such as during heavy rainfall or rapid snowmelt, changing
the earth into a flowing river of mud.
The Project site is not located near any bodies of water, is located inland, and is not located adjacent to
hillsides; therefore, there will be no impacts, directly, indirectly, and cumulatively on structures caused by
a seiche or tsunami.
Standard erosion-prevention practices during grading and the lack of over-steepened slopes near existing
development will result in a less than significant impact, directly, indirectly, and cumulatively related to
mudflow hazards.
X. LAND USE AND PLANNING – Would the pro-
ject:
a) Physically divide an established community?
Response: (Source: General Plan as amended October 19, 2012: General Plan EIR; & General Plan EIR Addendum August
2012)
The proposed Project will develop a convenience store, service station, car wash, retail, tire store, fast
food Drive-Through, and parking lot on a relatively flat, undeveloped site. The Project is consistent with
the General Plan designation for the site. The site is located in an area where commercial development
is on the rise. The proposed Project would utilize the existing road network and not result in the construc-
tion of improvements that would physically divide an existing community or otherwise impact circulation
on public roads surrounding the site. Therefore, no impact either directly, indirectly, or cumulatively will
occur to 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 zon-
ing ordinance) adopted for the purpose of avoiding
or mitigating an environmental effect?
Response: (Source: General Plan as amended October 19, 2012: General Plan EIR; & General Plan EIR Addendum August
2012)
The site is designated as CC – Community Commercial in the City’s General Plan and the applicant is
requesting CG – Commercial General Zoning which is consistent with this land use designation. The Pro-
ject will not result in a change to plans, policies, or regulations established in the General Plan or Zoning
Ordinance; therefore, no impact, directly, indirectly, or cumulatively to any land use plans or zoning will
occur.
c) Conflict with any applicable habitat conservation
plan or natural community conservation plan?
4.1.v
Packet Pg. 279 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 57
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
Response: (Source: General Plan as amended October 19, 2012; Resource Management Element – Figure RM-1 – Open
Space Resources; RM-3 – Vegetation Communities; General Plan EIR; General Plan EIR Addendum August 2012; General Plan
EIR Figure 5.4-1 – Vegetation Communities; Figure 5.4-2 – San Jacinto Valley Area Plan with Vegetation, Cells and Cell Groups
Keyed to MSHCP Criteria; Riverside County Multiple Species Habitat Conservation Plan (MSHCP); Development Code Chapter
17.520 – Natural Resource Conservation; Revised Biological Survey – Burrowing Owl and Narrow Endemic Species, prepared by
Salem Engineering Group, Inc., April 3, 2017; Municipal Code Chapter 58 – Planning and Development; Article IV – Habitat Con-
servation; Municipal Code Chapter 31 – Multiple Species Habitat Conservation Plan Mitigation Fee; & General Biological Report,
prepared by Glenn Lukos Associates, Inc., April 2018)
The subject property is located within the boundaries of the Western Riverside County Multiple Species
Habitat Conservation Plan (MSHCP) and the Stephens’ Kangaroo Rat Habitat Conservation Plan
(SKRHCP). As such, the Project will be conditioned for payment of the MSHCP Development Mitigation
Fee, which will mitigate potential impacts to MSHCP covered species, and the SKR fee.
The Project site is not within the MSHCP Criteria Area, or adjacent to a MSHCP-designated Conservation
Area, or within a SKRHCP Core Reserve, so no additional mitigation measures or provisions are required.
The Project will not conflict with the provisions of any Habitat Conservation Plans or Natural Community
Conservation Plans.
The Project will have a less than significant impact, directly, indirectly and cumulatively, on an adopted
Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or
state habitat conservation plan.
XI. MINERAL RESOURCES – Would the project:
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?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; & General Plan EIR Addendum August
2012)
According to the California Geological Survey Surface Mining and Reclamation Act (SMARA) Mineral
Land Classification system, the City of San Jacinto has been classified as MRZ-1. Therefore, imple-
mentation of the Project will have no impact on mineral resources.
b) Result in the loss of availability of a locally-
important mineral resource recovery site delineat-
ed on a local general plan, specific plan, or other
land use plan?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; & General Plan EIR Addendum August
2012)
The Project site is not delineated for mineral resources on a local general plan, specific plan or other land
use plan and will, therefore, have no impact, directly, indirectly, and cumulatively to the availability of an
important mineral resources.
XII. NOISE – Would the project result in:
a) Exposure of persons to or generation of noise lev-
els in excess of standards established in the local
general plan or noise ordinance, or applicable
standards of other agencies?
Response: (Source: General Plan as amended October 19, 2012; Noise Element Figure N-1 – Future Noise Contours; General
Plan EIR; Figure 5.10.1 – Future Noise Contours; General Plan EIR Addendum August 2012; Municipal Code Chapter 8.40 – Noise
Control; Noise Impact Study, San Jacinto Commonwealth Development, prepared by MD Acoustics, October 30, 2017; & Memo
from MD Acoustics, February 19, 2018)
dBA = A-weighted sound level in decibels as measured on a sound level meter using the A-weighted filter
network. The A-weighting filter de-emphasizes the very low and very high-frequency components of the
sound in a manner similar to the response of the human ear. A numerical method of rating human
judgment of loudness.
Leq = Equivalent Sound Level – the sound level corresponding to a steady noise level over a given sam-
4.1.v
Packet Pg. 280 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 58
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
ple period with the same amount of acoustic energy as the actual time-varying noise level. The energy
average noise level during the sample period.
CNEL = Community Noise Equivalent Level – the average equivalent A-weighted sound level during a 24-
hour day, obtained after addition of five (5) decibels to sound levels in the evening from 7:00 to 10:00
p.m. and after addition of ten (10) decibels to sound levels in the night before 7:00 a.m. and after 10:00
p.m.
Study Method and Procedure
Noise measurements were taken to determine the existing noise levels. A noise receiver or receptor is
any location in the noise analysis in which noise might produce an impact. The following criteria are used
to select measurement locations and receptors:
• Locations expected to receive the highest noise impacts, such as the first row of houses
• Locations that are acoustically representative and equivalent of the area of concern
• Human land usage
• Sites clear of major obstruction and contamination
MD conducted the sound level measurements in accordance with CalTrans technical noise specifications.
All measurements equipment meets American National Standards Institute (ANSI) specifications for
sound level meters (S1.4-1983 identified in Chapter 19.68.020.AA).
Long-Term Noise Measurement Location
The noise monitoring location was selected based on the distance of the Project’s stationary noise
sources to the nearest sensitive on-site receptors. The long-term noise measurement was conducted on
the northern property line of the Project site and represents ambient levels at the site. Appendix A, of the
Noise Impact Study, includes photos, field sheet, and measured noise data. The following exhibit illus-
trates the location of the measurement.
Measurement Locations
Federal Highway Administration (FHWA) Traffic Noise Prediction Model
Traffic noise from vehicular traffic was projected using a computer program that replicates the FHWA
Traffic Noise Prediction Model (FHWA-RD-77-108). The FHWA model arrives at the predicted noise level
4.1.v
Packet Pg. 281 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 59
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
through a series of adjustments to the Reference Energy Mean Emission Level (REMEL). Roadway vol-
umes were provided by Trames Solutions, Inc. The referenced traffic data was applied to the model and
is in Appendix B of the Noise Study.
SoundPLAN Model
SoundPLAN (SP) acoustical modeling software was utilized to model traffic noise level projections and
future worst‐case Project operational noise impacts (stationary noise sources) to the on-site and nearest
off‐site sensitive receptors.
SP is capable of evaluating multiple stationary noise sources and transportation noise impacts at various
receiver locations. SP’s software utilizes algorithms (based on the inverse square law and FHWA calcu-
lations) to calculate noise level projections. The software allows the user to input specific noise sources,
spectral content, sound barriers, building placement, topography, and sensitive receptor locations.
The future worst-case noise level projections associated with the automatic car wash were modeled using
reference sound level data for the Sonny’s enterprises BL1-45HP-1 blowers and Vacutec vacu-
ums/turbines. The model assumes that the car wash tunnel is approximately 108 feet long, 16 to 18 feet
tall with will have an approximate 10-foot-wide by 9-foot-tall exit opening. The blowers were modeled at
10 to 12 feet high with two (2) side blowers and one (1) central blower. The BL1-45HP-1 blowers will be
located approximately 5 to 10 feet inside the exit of the tunnel. The car wash equipment was modeled as
point sources with output noise levels reaching up to 82 dBA at the entrance of the tunnel and 92.5 dBA
at the exit of the tunnel.
The SP model assumes a total of 24 vacuums and the dyer systems are operating simultaneously (worst
case), when in reality the noise will be intermittent and lower in level. The Project proposes to house the
two (2) vacuum turbine motors (FT-CO-T350HP4) inside a 4-sided enclosure. All other noise producing
equipment (e.g. compressors, pumps) will be housed within mechanical equipment rooms.
Noise associated with the Drive-Through and commercial property includes idling cars, speakers at the
Drive-Throughs, and parking lot movements. The Drive-Through speakers associated with the fast food
restaurant were modeled as point sources with noise levels reaching 82.5 dBA at 3 feet from the source.
Noise associated with the tire shop assumes six (6) pneumatic tools/screw guns operating simultaneously
with the bay doors open. The noise level was modeled as point sources with noise levels reaching 95
dBA at 3 feet from the source.
The parking lot was modeled as an area source based upon the number of parking spaces with an esti-
mated 5 to 25% turnover rate during the peak hour (depending on location and parking lot). Noise asso-
ciated with parking lots include but are not limited to idling cars, doors closing, and starting engine noise.
Noise levels associated with parking lots can reach peak levels of 80 dBA.
FHWA Roadway Construction Noise Model
The construction noise analysis utilizes the Federal Highway Administration (FHWA) Roadway Construc-
tion Noise Model (RNCM), together with several key construction parameters. Key inputs include dis-
tance to the sensitive receiver, equipment usage, % usage factor, and baseline parameters for the Project
site.
The Project was analyzed based on the different construction phases. Construction noise is expected to
be loudest during the grading, concrete and building phases of construction. The following assumptions
relevant to short-term construction noise impacts were used:
• It is estimated that construction will occur over a 6 month to the 1-year time period. Construction
noise is expected to be the loudest during the grading, concrete, and building phases.
4.1.v
Packet Pg. 282 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 60
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
Existing Noise Environment
An ambient noise measurement was conducted at the site to determine the existing baseline levels.
Noise measurement data indicates that traffic noise propagating from San Jacinto Avenue and Common-
wealth Avenue are the primary sources of noise impacting the site and surrounding areas.
Long-Term Noise Measurement Results
The results of the long-term noise data are presented in the table below.
Long-Term Noise Measurement Data (dBA)1
Date Time dB(A
LEQ LMAX LMIN L2 L8 L25 L50 L90
9/6/2017 11AM-12PM 48.5 67.4 43.5 55.1 49.7 47.1 46.0 44.8
9/6/2017 12PM-1PM 48.4 68.0 44.1 53.2 49.2 47.4 46.5 45.3
9/6/2017 1PM-2PM 48.5 69.6 44.3 53.9 49.3 47.9 46.9 45.4
9/6/2017 2PM-3PM 48.2 65.2 43.6 52.8 50.4 48.6 47.0 45.2
9/6/2017 3PM-4PM 48.6 65.2 43.1 54.1 51.4 48.8 47.0 44.8
9/6/2017 4PM-5PM 50.0 70.2 44.4 54.7 51.9 48.8 47.5 45.8
9/6/2017 5PM-6PM 50.2 65.0 46.1 53.5 52.0 50.6 49.5 47.9
9/6/2017 6PM-7PM 49.8 71.8 45.1 53.6 51.3 49.5 48.2 46.6
9/6/2017 7PM-8PM 48.6 61.2 44.6 52.8 50.3 49.0 48.0 46.5
9/6/2017 8PM-9PM 47.8 63.0 43.7 51.3 49.3 48.1 47.1 45.4
9/6/2017 9PM-10PM 48.0 67.9 40.7 53.7 50.1 48.2 46.7 44.0
9/6/2017 10PM-11PM 45.9 65.2 39.6 50.5 48.5 46.4 44.7 42.1
9/6/2017 11PM-12AM 46.6 66.4 37.0 51.9 48.5 46.0 43.9 40.3
9/6/2017 12AM-1AM 47.8 69.6 37.3 51.5 47.5 44.8 42.8 40.1
9/7/2017 1AM-2AM 42.4 61.8 34.3 49.5 44.7 41.9 39.0 36.0
9/7/2017 2AM-3AM 38.6 55.1 33.4 44.7 41.9 38.5 36.6 34.6
9/7/2017 3AM-4AM 44.4 62.4 34.5 51.6 47.4 44.1 41.4 36.8
9/7/2017 4AM-5AM 44.7 57.1 35.4 50.7 47.8 45.4 43.3 38.8
9/7/2017 5AM-6AM 46.8 57.8 39.4 51.7 50.0 47.7 45.7 42.3
9/7/2017 6AM-7AM 50.9 65.3 41.5 56.7 53.1 51.0 49.4 46.7
9/7/2017 7AM-8AM 54.2 75.5 41.2 61.9 57.9 52.9 50.2 45.5
9/7/2017 8AM-9AM 52.3 84.7 38.5 54.5 49.9 46.7 44.6 41.7
9/7/2017 9AM-10AM 45.9 61.5 38.4 53.9 48.6 45.2 43.4 41.1
9/7/2017 10AM-11AM 45.8 63.3 37.5 53.0 49.6 45.0 43.2 40.1
CNEL 55.3 Notes:
1. Long-term noise monitoring location 1 (LT1) is illustrated in Measurement Location Exhibit. The highest (loudest) hourly
noise interval is highlighted in orange and the lowest (quietest) in blue during operational hours.
The existing ambient levels ranged from 38.6 to 54.2 dBA, Leq(h) with maximum levels reaching 84.7
dBA.
Future Noise Environment Impacts and Mitigation
The Noise Study analyzes future noise impacts to and from the Project and compares the results to the
City’s Noise Standards. The analysis details the estimated exterior noise levels associated with traffic
from adjacent roadways and from on-site stationary noise sources.
Noise Impacts to Off-Site Receptors Due to Project Generated Traffic
Traffic noise along San Jacinto Avenue and Commonwealth Avenue will be the main source of noise im-
pacting the Project site and the surrounding area.
A worst-case Project generated traffic noise level was modeled utilizing the FHWA Traffic Noise Predic-
tion Model - FHWA-RD-77-108. Traffic noise levels were calculated 50 feet from the centerline of the an-
4.1.v
Packet Pg. 283 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 61
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
alyzed roadway. The modeling is theoretical and does not consider any existing barriers, structures,
and/or topographical features that may further reduce noise levels. Therefore, the levels are shown for
comparative purposes only to show the difference in “with and without Project conditions.” In addition, the
noise contours for 60, 65 and 70 dBA CNEL were calculated. The potential off-site noise impacts caused
by an increase of traffic from the operation of the proposed Project on the nearby roadways were calcu-
lated for the following scenarios:
Existing Year (without Project): This scenario refers to existing year traffic noise conditions.
Existing Year (Plus Project): This scenario refers to existing year + project traffic noise conditions.
The tables below compare the without and with Project scenarios and show the change in traffic noise
levels as a result of the proposed Project. It takes a change of 3 dB or more to hear a perceptible differ-
ence. As demonstrated in the tables, the Project is anticipated to change the noise 0.8 to 1.4 dBA CNEL.
As a result, the Project would have a less than significant impact.
The existing mobile home park to the north of the Project site falls within the 70 dBA CNEL contour which
correlates to the first row of homes. The existing plus Project condition will further extend the 70 dBA
CNEL contour an additional 28 feet (149 feet from the centerline of San Jacinto Avenue). The increase in
the noise contour does not extend beyond the first row of mobile homes.
According to the City’s 2006 Final General Plan EIR, Section 5: Environmental Impact Analysis, page
5.10-16, portions of existing residences where no noise barrier is present would be subject to noise levels
exceeding the City’s noise standards from vehicular traffic. The City has stated as a mitigation measure
(5.10-N3) that the City shall review discretionary development proposals for potential on and off-site sta-
tionary and vehicular noise impacts per CEQA.
Although there is a nominal increase along these two roadways, the proposed increase would not extend
the impact beyond the first row of existing mobile homes (which currently fall within 70 dBA noise con-
tour). All other sensitive receptors along the subject roadway would remain below the 65 dBA CNEL res-
idential standard. The impact would, therefore, be less than significant.
Existing Scenario – Noise Levels Along Roadways (dBA CNEL)
Existing Without Project Exterior Noise Levels
Roadway Segment
CNEL at
50 Ft.
(dBA)
Distance to Contour (Ft)
70 dBA
CNEL
65 dBA
CNEL
60 dBA
CNEL
55 dBA
CNEL
San Jacinto Avenue North of Site 75.9 121 260 560 1,206
San Jacinto Avenue South of Site 75.2 108 233 503 1,083
Commonwealth Av-
enue
East of San Jacinto
Avenue 66.5 28 59 128 275
Existing With Project Exterior Noise Levels
Roadway Segment
CNEL
at 50 Ft
(dBA)
Distance to Contour (Ft)
70 dBA
CNEL
65 dBA
CNEL
60 dBA
CNEL
55 dBA
CNEL
San Jacinto Avenue North of Site 77.3 149 322 694 1,495
San Jacinto Avenue South of Site 76.0 123 264 569 1,225
Commonwealth Av-
enue
East of San Jacinto
Avenue 67.9 34 74 159 343
4.1.v
Packet Pg. 284 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 62
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
Change in Existing Noise Levels as a Result of Project
Roadway1 Segment
CNEL at 50 Feet dBA2
Existing
Without
Project
Existing
With
Project
Change in
Noise
Level
Potential
Significant
Impact
San Jacinto Avenue North of Site 75.9 77.3 1.4 No
San Jacinto Avenue South of Site 75.2 76.0 0.8 No
Commonwealth Ave-
nue
East of San Jacinto
Avenue 66.5 67.9 1.4 No
Notes:
1 Exterior noise levels calculated at 5 feet above ground level.
2 Noise levels calculated from the centerline of the subject roadway.
Noise Impacts to Off-Site Receptors Due to Stationary Sources
Sensitive receptors that may be affected by Project operational noise include adjacent land uses to the
immediate north, south, and west. The worst-case stationary noise was modeled using SoundPLAN
acoustical modeling software. Worst-case daytime assumes the blowers, vacuums, equipment, Drive-
Through, speakerphones, tire store and parking are always operational when in reality the noise will be
intermittent and cycle on/off depending on the customer usage. The majority of Project operations are
assumed to occur within the City’s allowable daytime (7 a.m. to 10 p.m.) hours. Worst-case nighttime
assumes Drive-Through will operate beyond 10 p.m.
A total of seven (7) receptors (R1 – R7) were modeled to evaluate the proposed Project’s operational im-
pact. A receptor is denoted by a yellow dot in the following Exhibit. All yellow dots represent either a
property line or a sensitive receptor such as an outdoor sensitive area (e.g. backyard, patio, common ar-
ea).
Future Daytime Operational Noise Levels
This study compares the Project’s operational noise levels to two (2) different scenarios: 1) Project opera-
tional noise level projections and, 2) Project plus ambient level projections.
Project Operational Noise Levels
The following Exhibits show the Project only daytime and nighttime operational noise levels at the proper-
ty lines and/or sensitive receptor areas and illustrate the noise contours at the Project site and how the
4.1.v
Packet Pg. 285 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 63
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
noise will propagate at the site. Daytime operational noise levels are anticipated to range between 45.0
to 61.2 dBA Leq(h) at the receptors R1 through R7. Nighttime operational noise levels are anticipated to
range between 24.5 to 46.7 dBA Leq(h) at the receptors R1 through R7.
Future Daytime Operational Noise Level Contours
Future Nighttime Operational Noise Levels
4.1.v
Packet Pg. 286 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 64
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
Future Nighttime Operational Noise Level Contours
The daytime noise projections to the residential and mobile home/multi-family units are below the City’s
65 dBA daytime limit.
Allowable Exterior Noise Level1
Noise Zone Type of Land Use
Allowed Equivalent Noise Level, Leq2
7:00 am to 10:00 pm 10:00 pm to 7:00
am
I Single-Family Residential 65 dBA 45 dBA
II Multifamily Residential, Mobile
Home Parks 65 dBA 50 dBA
III Commercial Property 65 dBA 60 dBA
IV Residential Portion of Mixed
Use 70 dBA 70 dBA
V Manufacturing and Industrial,
Other Uses 70 dBA 70 dBA
Notes:
1. If the ambient noise exceeds the resulting standard, the ambient noise level shall be the standard
2. 2. Measurements for compliance are made on the affected property pursuant to Section 8.40.160.
The nighttime noise projections to the residential units are below the City’s 45 dBA nighttime limit and
below the City’s 50 dBA limit for mobile home/multi-family uses.
Project Plus Ambient Operational Noise Levels
The table below demonstrates the Project plus ambient (quietest measured hourly average level during
proposed daytime operable hours) noise levels. Project plus ambient noise level projections are antici-
pated to range between 50.1 to 61.3 dBA Leq(h) at the receptors R1 through R7. The noise projections
to the mobile home park and residences are below the City’s 65 dBA daytime limit.
4.1.v
Packet Pg. 287 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 65
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
Worst-case Predicted Daytime (7AM – 10PM) Operational Noise Levels (dBA)
Receptor1
Existing
Ambient Noise
Level
(dBA, Leq(h))2
Project
Noise Level
(dBA, Leq(h))3
Total
Combined
Noise Level
(dBA, Leq(h))
Daytime
(7 AM - 10 PM)
Stationary
Noise
Limit (dBA, Leq
(h))
Change in
Noise
Level as Result
of
Project
1 45.8 51.6 52.6 65.0 6.8
2 45.8 54.1 54.7 8.9 3 45.8 50.4 51.7 5.9 4 45.8 50.0 51.4 5.6 5 45.8 49.7 51.2 5.4 6 45.8 48.1 50.1 4.3 7 45.8 61.2 61.3 15.5 Notes:
1. Receptors 1 through 6 are residential/mobile home areas and R7 is commercial land use.
2. The quietest hourly noise interval was selected (see Table 3, 45.8 dBA).
3. 3. See Exhibit Future Daytime Operational Noise Levels before the operational noise level projections at said recep-
tors.
In addition, the above table provides the anticipated change in noise level as a result of the proposed Pro-
ject during daytime operable conditions. As shown in the above table, the daytime operational noise lev-
els will result in a change of 5.4 to 15.5 dBA at the various receptors. Depending on the receptor loca-
tion, the change in the noise level has the potential to be clearly noticeable. The change in noise level
has the potential to be clearly noticeable but below the City’s allowable limits.
The table below demonstrates the Project plus ambient (quietest measured hourly average level during
proposed nighttime operable hours) noise levels. Project plus ambient noise level projections are antici-
pated to range between 42.5 to 48.1 dBA Leq(h) at the receptors R1 through R7. The noise projections
to the mobile home park and residences are below the City’s 50 dBA daytime limit and the City’s 45 dBA
limit to single-family residences.
Worst-case Predicted Nighttime (10PM – 7AM) Operational Noise Levels (dBA)
Receptor1
Existing
Ambient Noise
Level
(dBA, Leq(h))2
Project
Noise Level
(dBA, Leq(h))3
Total
Combined
Noise Level
(dBA, Leq(h))
Daytime
(7 AM - 10 PM)
Stationary
Noise
Limit (dBA,
Leq (h))
Change in
Noise
Level as Result
of
Project
1 42.4 46.7 48.1 50.0 5.7
2 42.4 42.7 45.6 3.2 3 42.4 37.5 43.6 1.2 4 42.4 28.7 42.6 45.0 0.2
5 42.4 26.7 42.5 0.1 6 42.4 24.5 42.5 50.0 0.1
7 42.4 36.5 43.4 1.0 Notes:
1. Receptors 1 through 6 are residential/mobile home areas and R7 is commercial land use.
2. The quietest hourly noise interval was selected (42.4 dBA from 1 AM - 2 AM).
3. See Exhibit Future Daytime Operational Noise Levels for the operational noise level projections at said receptors.
In addition, the above table provides the anticipated change in noise level as a result of the proposed Pro-
ject during nighttime operable conditions. As shown in the above table, the nighttime operational noise
levels will result in a change of 0.1 to 5.7 dBA at the various receptors. Depending on the receptor loca-
tion, the change in the noise level has the potential to be clearly noticeable but below the City’s limits.
In both evaluated scenarios and during daytime and nighttime conditions, the noise level projections are
below the City’s limits. Nevertheless, MM NOI-1 – MM NOI-6 shall be applied to ensure the greatest
compatibility with existing residential uses. Therefore, the Project will comply with the City’s noise limit
4.1.v
Packet Pg. 288 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 66
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
and the impact is considered less than significant with mitigation, directly, indirectly, and cumulatively.
Construction Noise
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.
The Environmental Protection Agency (EPA) has compiled data regarding the noise generated character-
istics of typical construction activities. The data is presented in the table below.
Typical Construction Noise Levels1
Equipment Powered by Internal Combustion Engines
Type Noise Levels (dBA) at 50 Feet
Earth Moving
Compactors (Rollers) 73 - 76
Front Loaders 73 - 84
Backhoes 73 - 92
Tractors 75 - 95
Scrapers, Graders 78 - 92
Pavers 85 - 87
Trucks 81 - 94
Materials Handling
Concrete Mixers 72 - 87
Concrete Pumps 81 - 83
Cranes (Movable) 72 - 86
Cranes (Derrick) 85 - 87
Stationary
Pumps 68 - 71
Generators 71 - 83
Compressors 75 - 86
Impact Equipment
Type Noise Levels (dBA) at 50 Feet
Saws 71 - 82
Vibrators 68 - 82
Notes:
1 Referenced Noise Levels from the Environmental Protection Agency (EPA)
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 to the City’s Mu-
nicipal 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 as mit-
igation MM NOI-7 – MM NOI-12 to further reduce construction noise. The impact is considered less than
significant with mitigation, directly, indirectly, and cumulatively.
Typical operating cycles for these types of construction equipment may involve one or two minutes of full
power operation followed by three to four minutes at lower power settings. Noise levels will be loudest
during grading phase. A likely worst-case construction noise scenario during grading assumes the use of
a grader, a dozer, and two (2) excavators, two (2) backhoes and a scrapper operating at 50 feet from the
nearest sensitive receptor.
Assuming a usage factor of 40 percent for each piece of equipment, unmitigated noise levels at 50 feet
have the potential to reach 90 dBA Leq and 92 dBA Lmax at the nearest sensitive receptors during grad-
ing. Noise levels for the other construction phases would be lower and range between 85 to 90 dBA.
MM NOI-1: The Project shall incorporate a minimum six-foot high decorative block walls along the
4.1.v
Packet Pg. 289 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 67
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
northern and western property lines (adjacent to the existing mobile home park and resi-
dences).
MM NOI-2: Any rooftop or ground mounted HVAC units should be positioned at a physical distance
as far as plausible from adjacent residences. In addition, the equipment should be
shielded by a parapet wall with a height equal or greater than the equipment. The height
of the wall must be taller than the HVAC units and shall be designed to completely shield
any noise that may be able to flank around the parapet wall.
MM NOI-3: Drive-Through and drive-up speakerphones shall be positioned in a direction facing away
from the mobile home park to the north. The speakerphones shall incorporate a system
that is capable of lowering the output volume during night-time conditions such that the
levels are at or below ambient conditions. HM Electronics has a speaker system which
adjusts the outbound volume on the system based on the ambient noise. Noise level es-
timates based on the manufacturer’s specifications are provided in Appendix E of the
Noise Impact Study.
MM NOI-4: Ensure vacuum turbines are enclosed with a roof and properly fitted with silencer attenu-
ators.
MM NOI-5: The car wash mechanical equipment room shall be fitted with acoustic louver doors or
equivalent.
MM NOI-6: Trash collection to the site shall occur during daytime hours.
MM NOI-7: Truck deliveries shall occur during daytime hours.
MM NOI-8: 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 con-
struction shall take place on Sundays or any Federal holiday.
MM NOI-9: During construction, the contractor shall ensure all construction equipment is equipped
with appropriate noise attenuating devices.
MM NOI-10: The contractor shall 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.
MM NOI-11: Idling equipment shall be turned off when not in use.
MM NOI-12: Equipment shall be maintained so that vehicles and their loads are secured from rattling
and banging.
b) Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise lev-
els?
Response: (Source: General Plan as amended October 19, 2012; Noise Element Figure N-1 – Future Noise Contours; General
Plan EIR; Figure 5.10.1 – Future Noise Contours; General Plan EIR Addendum August 2012; Municipal Code Chapter 8.40 – Noise
Control; Noise Impact Study, San Jacinto Commonwealth Development, prepared by MD Acoustics, October 30, 2017; & Memo
from MD Acoustics, February 19, 2018 )
PPV – Known as the peak particle velocity (PPV) which is the maximum instantaneous peak in vibration
velocity, typically given in inches per second.
RMS – Known as root mean squared (RMS) can be used to denote vibration amplitude
VdB – A commonly used abbreviation to describe the vibration level (VdB) for a vibration source.
4.1.v
Packet Pg. 290 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 68
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
Ground-borne vibrations consist of rapidly fluctuating motions within the ground that have an average mo-
tion of zero. The effects of ground-borne vibrations typically only cause a nuisance to people, but at ex-
treme vibration levels, damage to buildings may occur. Although ground-borne vibration can be felt out-
doors, it is typically only an annoyance to people indoors where the associated effects of the shaking of a
building can be notable. Ground-borne noise is an effect of ground-borne vibration and only exists
indoors since it is produced from noise radiated from the motion of the walls and floors of a room and may
also consist of the rattling of windows or dishes on shelves.
Typically, developed areas are continuously affected by vibration velocities of 50 VdB or lower. These
continuous vibrations are not noticeable to humans whose threshold of perception is around 65 VdB.
Outdoor sources that may produce perceptible vibrations are usually caused by construction equipment,
steel-wheeled trains, and traffic on rough roads, while smooth roads rarely produce perceptible ground-
borne noise or vibration. To counter the effects of ground-borne vibration, the Federal Transit Administra-
tion (FTA) has published guidance relative to vibration impacts. According to the FTA, fragile buildings
can be exposed to ground-borne vibration levels of 0.3 inches per second without experiencing structural
damage.
There are three main types of vibration propagation: surface, compression, and shear waves. Surface
waves, or Rayleigh waves, travel along the ground’s surface. These waves carry most of their energy
along an expanding circular wavefront, similar to ripples produced by throwing a rock into a pool of water.
P-waves, or compression waves, are body waves that carry their energy along an expanding spherical
wavefront. The particle motion in these waves is longitudinal (i.e., in a “push-pull” fashion). P-waves are
analogous to airborne sound waves. S-waves, or shear waves, are also body waves that carry energy
along an expanding spherical wavefront. However, unlike P-waves, the particle motion is transverse, or
side-to-side and perpendicular to the direction of propagation.
As vibration waves propagate from a source, the vibration energy decreases in a logarithmic nature and
the vibration levels typically decrease by 6 VdB per doubling of the distance from the vibration source. As
stated above, this drop-off rate can vary greatly depending on the soil but has been shown to be effective
enough for screening purposes, in order to identify potential vibration impacts that may need to be studied
through actual field tests.
Operational Vibration
The proposed Project does not propose uses that will cause vibration velocities of 50 VdB or higher which
is the level typically expected in developed areas. To ensure that the Project does not go above the 50
VdB for operational, day-to-day activity, MM NOI-13 is proposed. With the implementation of MM NOI-13,
the Project’s operational ground-borne vibration will be less than significant with mitigation, directly,
indirectly, and cumulatively.
Construction Vibration
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 bulldozer. A large bulldozer has a vibration impact of 0.089 inches per second peak particle
velocity (PPV) at 25 feet which is perceptible but below any risk of architectural damage.
The fundamental equation used to calculate vibration propagation through average soil conditions and
distance is as follows:
PPVequipment = PPVref (100/Drec)n
Where: PPVref = reference PPV at 100ft.
Drec = distance from equipment to receiver in ft.
n = 1.1 (the value related to the attenuation rate through ground)
4.1.v
Packet Pg. 291 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 69
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
The thresholds from the Caltrans Transportation and Construction Induced Vibration Guidance Manual in
the table below provides general thresholds and guidelines as to the vibration damage potential from vi-
bratory impacts.
Guideline Vibration Damage Potential Threshold Criteria
Structure and Condition
Maximum PPV (in/sec)
Transient Sources Continuous/Frequent
Intermittent Sources
Extremely fragile historic buildings, ruins, ancient monu-
ments 0.12 0.08
Fragile buildings 0.2 0.1
Historic and some old buildings 0.5 0.25
Older residential structures 0.5 0.3
New residential structures 1.0 0.5
Modern industrial/commercial buildings 2.0 0.5
Source: Table 19, Transportation and Construction Vibration Guidance Manual, Caltrans, Sept. 2013.
Note: Transient sources create a single isolated vibration event, such as blasting or drop balls. Continuous/frequent intermit-
tent sources include impact pile drivers, pogo-stick compactors, crack-and-seat equipment, vibratory pile drivers, and vibrato-
ry compaction equipment.
The table below gives approximate vibration levels for particular construction activities. This data pro-
vides a reasonable estimate for a wide range of soil conditions.
Vibration Source Levels for Construction Equipment1
Equipment Peak Particle Velocity
(inches/second) at 25 feet
Approximate Vibration Level
LV (dVB) at 25 feet
Pile driver (impact) 1.518 (upper range) 112
0.644 (typical) 104 Pile driver (sonic) 0.734 upper range 105
0.170 typical 93 Clam shovel drop (slurry wall) 0.202 94
Hydromill 0.008 in soil 66
(slurry wall) 0.017 in rock 75
Vibratory Roller 0.21 94
Hoe Ram 0.089 87
Large bulldozer 0.089 87
Caisson drill 0.089 87
Loaded trucks 0.076 86
Jackhammer 0.035 79
Small bulldozer 0.003 58
1 Source: Transit Noise and Vibration Impact Assessment, Federal Transit Administration, May 2006.
At a distance of 20 feet, a large bulldozer would yield a worst-case 0.114 PPV (in/sec) which may be per-
ceptible for short periods of time during grading along the western property line of the Project site but is
below any threshold of damage. The impact is less than significant, directly, indirectly, and cumulative-
ly.
MM NOI-13: The day-to-day operation of the uses proposed for the Project site shall not exceed a
VdB greater than 50.
c) A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the project?
Response: (Source: General Plan as amended October 19, 2012; Noise Element Figure N-1 – Future Noise Contours; General
Plan EIR; Figure 5.10.1 – Future Noise Contours; General Plan EIR Addendum August 2012; Municipal Code Chapter 8.40 – Noise
Control; Noise Impact Study, San Jacinto Commonwealth Development, prepared by MD Acoustics, October 30, 2017; & Memo
from MD Acoustics, February 19, 2018 )
See Response XII a) above.
4.1.v
Packet Pg. 292 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 70
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
levels existing without the project?
Response: (Source: General Plan as amended October 19, 2012; Noise Element Figure N-1 – Future Noise Contours; General
Plan EIR; Figure 5.10.1 – Future Noise Contours; General Plan EIR Addendum August 2012; Municipal Code Chapter 8.40 – Noise
Control; Noise Impact Study, San Jacinto Commonwealth Development, prepared by MD Acoustics, October 30, 2017; & Memo
from MD Acoustics, February 19, 2018 )
See Response XII a) above.
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?
Response: (Source: General Plan as amended October 19, 2012; Noise Element Figure N-1 – Future Noise Contour; General
Plan EIR; Figure 5.10.1 – Future Noise Contours; General Plan EIR Addendum August 2012; Municipal Code Chapter 8.40 – Noise
Control; & Riverside County Land Use Commission – Hemet-Ryan Airport Plan Final 2017)
The Project is not located within the influence area of the Hemet-Ryan Airport and would have no im-
pact, directly, indirectly, or cumulatively from the airport and no additional mitigation is required.
f) For a project within the vicinity of a private airstrip,
would the project expose people residing or work-
ing in the project area to excessive noise levels?
Response: (Source: General Plan as amended October 19, 2012, Noise Element Figure N-1 – Future Noise Contours, General
Plan EIR, Figure 5.10.1 – Future Noise Contours, General Plan EIR Addendum August 2012, Municipal Code Chapter 8.40 – Noise
Control & Riverside County Land Use Commission – Hemet-Ryan Airport Plan Final 2017)
There are no private airports within two miles of the City and therefore this Project will have no impact,
directly, indirectly, or cumulatively resulting in a safety hazard.
XIII. POPULATION AND HOUSING – Would the pro-
ject:
a) Induce substantial population growth in an area,
either directly (for example, by proposing new
homes and businesses) or indirectly (for example,
through the extension of a road or other infrastruc-
ture)?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; & General Plan EIR Addendum August
2012)
The Project will not induce growth as it is consistent with the City’s General Plan land use designation of
CC – Community Commercial. The City’s General Plan establishes the development potential of the City
to accommodate the City’s growth to 2050. The Project, as proposed, will help to accommodate that
growth, but will not induce it.
The development of the site will result in commercial buildings which are consistent with the City of San
Jacinto’s General Plan. The Project site is located on existing streets, and utilities and public facilities are
all available in the immediate area. No new road or utility infrastructure is required. Project-related im-
pacts are expected to be less than significant.
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement
housing elsewhere?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; & General Plan EIR Addendum August
2012)
The Project site is vacant and will not displace any persons or require the construction of replacement
housing. Therefore, there is no impact on housing
c) Displace substantial numbers of people, necessi-
4.1.v
Packet Pg. 293 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 71
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
tating the construction of replacement housing
elsewhere?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; & General Plan EIR Addendum August
2012)
The Project site is vacant, including the existing residence, and will not displace any persons, or require
the construction of replacement housing. Therefore, there is no impact on housing.
XIV. PUBLIC SERVICES – Would the project:
a) Result in substantial adverse physical impacts as-
sociated with the provision of new or physically al-
tered governmental facilities, need for new or
physically altered governmental facilities, the con-
struction of which could cause significant environ-
mental impacts, in order to maintain acceptable
service ratios, response times or other perfor-
mance objectives for any of the public services:
Fire protection?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; & General Plan EIR Addendum August
2012)
The Project is located approximately 1.2 miles from Riverside County Fire Station #25 located at 132 S.
San Jacinto Avenue. As a result, fire personnel will be able to reach the site within the recommended
response time. The Fire Department will approve the Project site plan to ensure it meets applicable fire
standards and regulations.
As referenced in Section VIII – Hazards and Hazardous Materials, the Project will be designed consistent
with California Building Code 2013 edition, the National Fire Protection Association (NFPA) Code Section
30a requirements for fueling stations and onsite storage of flammable material such as gasoline and die-
sel and related state regulations governing the design and operation of fueling facilities. Like any devel-
opment project, the Project may increase demand for fire service; however, the Project is consistent with
the General Plan land use designation for the site and would not increase the population beyond what
was anticipated in the General Plan. Further, the Project would be designed and constructed consistent
with applicable codes and standards for access and fire suppression infrastructure. The Project will not
require the construction of a new fire station to maintain service ratios. Through the implementation of all
regulations and City policies for development projects, the Project will have a less than significant im-
pact on fire services, directly, indirectly, and cumulatively.
Police protection?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; & General Plan EIR Addendum August
2012)
To assure that police service is sufficient to meet demand, the City has established a Public Safety Capi-
tal Improvement Fund, to which all new commercial development must pay at the time of building permit
issuance. Through the implementation of all regulations and City policies for development projects, the
Project will have a less than significant impact on police services, directly, indirectly, and cumulatively.
Schools?
Response: (Source: General Plan as amended October 19, 2012; Community Services & Facilities Element Figure CSF-1 –
School Districts; General Plan EIR; General Plan EIR Addendum August 2012; San Jacinto Unified School District 2015 Facilities
Master Plan)
The Project is located within the service area boundary of the San Jacinto Unified School District. The
Project is required to pay the state-mandated school fees in place at the time that development occurs.
These fees are designed to mitigate impacts to schools by providing funds for the construction of new
facilities. Through the implementation of all regulations and City and School District policies for develop-
ment projects, the Project will have a less than significant impact on schools, directly, indirectly, and
4.1.v
Packet Pg. 294 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 72
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
cumulatively.
Parks?
Response: (Source: General Plan as amended October 19, 2012; Community Services and Facilities Element Figure CSF-3 –
Parks & Public Facilities; General Plan EIR; General Plan EIR Addendum August 2012; Parks Master Plan, November 2005; Munic-
ipal Code Chapter 16.40 – Park Dedications and Fees; & Chapter 15.36 – Park and Open Space Development Fees)
The City has a broad range of available recreation facilities, programs, and parks. The Project will not
increase the demand for public parks. The Project will have a small incremental demand on park services
which is covered through the payment of the Park Development Fee required for all new construction.
Therefore, the Project will have a less than significant impact on recreational facilities, directly, indirect-
ly, and cumulatively.
Other public facilities?
Response: (Source: General Plan as amended October 19, 2012; Community Services and Facilities Element Figure CSF-3 –
Parks & Public Facilities; CSF-4 – Trails Opportunities Map; General Plan EIR; General Plan EIR Addendum August 2012; Parks
Master Plan, November 2005; Municipal Code Chapter 16.40 – Park Dedications and Fees; & Chapter 15.36 – Park and Open
Space Development Fees)
The Project will not result in an increase in demand for other City services and facilities, including recrea-
tional trails and library services. Therefore, no impacts to other public facilities will occur directly, indi-
rectly, and cumulatively.
XV. RECREATION – Would the project:
a) Increase the use of existing neighborhood and
regional parks or other recreational facilities such
that substantial physical deterioration of the facility
would occur or be accelerated?
Response: (Source: General Plan as amended October 19, 2012; Community Services and Facilities Element Figure CSF-3 –
Parks & Public Facilities; CSF-4 – Trails Opportunities Map; General Plan EIR; General Plan EIR Addendum August 2012; Parks
Master Plan, November 2005; Municipal Code Chapter 16.40 – Park Dedications and Fees; & Chapter 15.36 – Park and Open
Space Development Fees)
The City and Valley-Wide Recreation provide a broad range of recreation facilities, programs, and parks.
The City established a park ratio of 5.0 acres of developed parkland for every 1,000 residents. The City’s
Parks Master Plan details recommendations and standards to meet park facility demand. There are 83.5
acres of parks and recreational facilities (General Plan Table CSF-1 – Existing Parks and Recreational
Facilities) with another 50 acres planned (General Plan Table CSF-2 – Planned Parks and Recrea-
tional Facilities).
The Project will have a small incremental demand on existing parks which is covered through the pay-
ment of the Park Development Fee required for all new construction. Therefore, the Project will have a
less than significant impact on recreational facilities, directly, indirectly, and cumulatively.
b) Does the project include recreational facilities or
require the construction or expansion of recrea-
tional facilities which have an adverse physical ef-
fect on the environment?
Response: (Source: General Plan as amended October 19, 2012; Community Services and Facilities Element Figure CSF-3 –
Parks & Public Facilities; CSF-4 – Trails Opportunities Map; General Plan EIR; General Plan EIR Addendum August 2012; Parks
Master Plan, November 2005; Municipal Code Chapter 16.40 – Park Dedications and Fees; & Chapter 15.36 – Park and Open
Space Development Fees)
The Project does not include the construction of recreational facilities or require the need to construct rec-
reational facilities. The Project will have no impact, directly, indirectly, or cumulatively on recreational
facilities.
XVI. TRANSPORTATION / TRAFFIC – Would the
project:
a) Conflict with an applicable plan, ordinance or poli-
cy establishing measures of effectiveness for the
performance of the circulation system, taking into
account all modes of transportation including mass
4.1.v
Packet Pg. 295 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 73
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
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?
Response: (Source: General Plan as amended October 19, 2012; Circulation Element Table C-1 – Overview of Street Classifi-
cations; Figure C-1 – Roadway Cross Sections; Figure C-2 – Roadway System; Figure C-4 – Bikeways; Figure C-5 – Standard
Bikeway Cross Sections; General Plan EIR; General Plan EIR Addendum August 2012; Figure 5.13-5 – Proposed City of San Jacin-
to General Plan Network; Figure 5.13-6 – General Plan Roadway Cross-Sections; Commonwealth Crossing Traffic Impact Analysis,
prepared by Trames Solutions, Inc., October 10, 2017; & Revised March 7, 2018)
STREET/HIGHWAY FACILITIES
San Jacinto Avenue is proposed as a Major Highway and Commonwealth Avenue is proposed as a Sec-
ondary Highway in the City’s General Plan. A Major Highway is designated as a 112-foot wide four-lane
roadway with a painted 12-foot median.
Study Area and Intersections
In general, the study area is based on the Projects’ trip generation and distribution assumptions. Inter-
sections, where the Project is likely to add 50 or more peak hour trips, have been included for analysis
purposes.
STUDY AREA INTERSECTIONS
1. San Jacinto Ave./Commonwealth Ave. – Driveway 1
2. San Jacinto Ave./Esplanade Ave.
3. San Jacinto Ave./Menlo Ave.
4. Hewitt St./Commonwealth Ave.
5. State St./Esplanade Ave.
6. San Jacinto Ave./7th Street
7. San Jacinto Ave./Driveway 2 - (Future)
Existing (2017) Traffic
Existing traffic was counted to determine current conditions. This constitutes the environmental setting
for a CEQA analysis at the time that the hearing body reviews the Project.
Existing intersection level of service calculations are based on manual AM and PM peak hour turning
movement counts made for Trames Solutions, Inc. in September 2017. The study area intersections are
currently operating at an acceptable level of service (LOS “D” or better) during the peak hours with the
existing geometry and traffic controls.
Existing + Project 2017 Conditions
For E+P conditions, the study area intersections are anticipated to continue to operate at an acceptable
level of service (LOS “D” or better) during the peak hours with the existing geometry and traffic controls.
For Project access purposes, the following intersections are configured as follows:
San Jacinto Avenue / Commonwealth Avenue – Driveway 1 (#1)
NB Approach: Provide a dedicated left turn lane.
SB Approach: Maintain existing lanes.
EB Approach: Provide a dedicated left turn lane and shared through right lane.
WB Approach: Modify striping to provide 1 left turn lane, 1 through lane, and 1 right turn lane.
San Jacinto Avenue / Driveway 2 (#7) - Install stop control on eastbound approach and restrict drive-
way 2 to right in / right out (RI/RO) access only.
NB Approach: Maintain existing lanes.
4.1.v
Packet Pg. 296 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 74
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
SB Approach: Maintain existing lanes.
EB Approach: Provide a right turn only lane.
Existing + Ambient + Project (2020) Conditions
For EAP conditions, the study area intersections are anticipated to continue to operate at an acceptable
level of service (LOS “D” or better) during the peak hours with the existing geometry and traffic controls.
Access improvements identified under E+P conditions still apply to E+A+P (2020) conditions.
Existing + Ambient + Cumulative + Project (2020) Conditions
For EACP conditions, there are no new intersections anticipated to operate at an unacceptable level of
service in addition to the intersection previously identified under Existing and E+A+P conditions. Access
improvements identified under E+P and E+A+P (2020) conditions still apply to E+A+C+P (2020) condi-
tions.
Vehicle Trip Reduction Program
Chapter 10.28 – Vehicle Trip Reduction Program and Chapter 17.350 – Transportation Demand Man-
agement applies to all new retail commercial projects where the development could employ fifty (50) or
more persons based on a 500-square-foot to one employee ratio for retail and 300-square-feet to one
employee for office. As proposed the Project generates 123 employees. The applicant shall submit a
Trip Reduction Program (TRP) for Planning approval prior to building permit issuance. Once approved
the program shall be used by all owners/tenants as stated in a covenant on the land (MM TRAF -3).
Measures to be included in the TRP include the provision ten percent of all required parking stalls desig-
nated as parking for any combination of low-emitting, fuel efficient and carpool/vanpool vehicles (MM
TRAF -4) in compliance with table A5.106.5.1.1 of the CalGreen Code and four percent of all required
parking stalls shall be electrical vehicle charging stations (MM TRAF -5).
With mitigation measures, MM TRAF-1 – MM TRAF-5 the measures of effectiveness for the performance
of the streets/highways system will be less than significant with mitigation, directly, indirectly, and cu-
mulatively.
ALTERNATIVE MODES OF TRANSPORTATION
Alternative modes of transportation mean any other way to commute other than driving alone. Examples
include biking, walking, carpooling, and taking public transportation. The Project proposes to develop a
vacant lot with five different vehicle-oriented uses.
Pedestrian
Sidewalks along roadways and curb ramps at intersections are present in locations where development
has occurred to serve the pedestrian. As well, the Project will provide all required sidewalks and ramps
within the Project area. Decorative walkways with appropriate signage shall be designed throughout the
site to provide the pedestrian with a safe way to maneuver through the site (MM TRAF -6).
Bicycles
Pursuant to the General Plan, no bikeways are proposed along San Jacinto Avenue or Commonwealth
Avenue under the City’s General Plan. To promote bicycle usage the both, long-term and short-term bi-
cycle parking stall be provided throughout the site (MM TRAF -7).
Public Transit Services
The City of San Jacinto is served by the Riverside Transit Agency (RTA) which provides bus service to
4.1.v
Packet Pg. 297 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 75
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
western Riverside County. RTA has reviewed the Project and does not request any infrastructure up-
grades for their service. RTA Routes 31, 32, 33, and 42 currently provide service to the Project area.
Regular Bus Service
• Route 31 travels between the Hemet Valley Mall – San Jacinto – Beaumont/Banning – Moreno
Valley Mall
• Route 32 travels between the Hemet Valley Mall – Mount San Jacinto College
• Route 33 travels between the Hemet Valley Mall – Sanderson & Thornton – Stanford & Stetson
• Route 42 travels between the Hemet Valley Mall – San Jacinto – Soboba Casino
• Route 74 travels between San Jacinto – Hemet – Sun City – Perris
Commuter Link Express
RTA Routes 212 and 217 currently provide Commuter Link Express service to the Project area.
• Route 212 travels between San Jacinto – Hemet – Perris – Riverside
• Route 217 travels between San Jacinto – Hemet – Temecula – Escondido
The Project will be adequately served by bus transportation.
With the implementation of MM TRAF-6 and MM TRAF -7, the Project will have a less than significant
impact with mitigation, directly, indirectly, and cumulatively on alternative modes of transportation.
TEMPORARY TRAFFIC IMPACTS FROM CONSTRUCTION
The Project will be importing approximately 5,000 cubic yards of fill dirt during the grading stage of con-
struction. The applicant projects that this will relate to approximately 350 truckloads of dirt. To ensure
that these truck trips do not significantly impact the roadway system, MM TRAF -8 is proposed.
CITY CAPITAL IMPROVEMENT PROGRAM (CIP)
San Jacinto Avenue has just recently undergone pavement rehabilitation from Esplanade Avenue to Main
Street under the City’s CIP program. No other CIP projects are proposed for this section of San Jacinto
Avenue.
The Project will participate in the phased construction of off-site traffic signals through payment of traffic
signal mitigation fees into the Traffic Signalization Fund which is used for the construction of traffic safety
improvements such as traffic signals, warning lights, and signal coordinating equipment.
Adherence to all Engineering requirements for San Jacinto Avenue and Commonwealth Avenue will en-
sure that there is no impact to the City’s CIP, directly, indirectly, and cumulatively.
WRCOG TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) PROGRAM
Under the TUMF plan, San Jacinto Avenue is planned as a four-lane roadway. At this time no roadway
improvements for this portion of San Jacinto Avenue are proposed under the TUMF Program. Neverthe-
less, the Project will participate in the cost of off-site improvements through payment of TUMF fees based
on the current fees at the time of construction of the Project. Therefore, there is no impact under the
TUMF guidelines, directly, indirectly, or cumulatively to a TUMF roadway.
SUMMARY
Therefore, the Project as designed and conditioned will have a less than significant impact with miti-
gation, directly, indirectly, and cumulatively on the performance of the circulation system, non-motorized
plans, and ordinances or policies establishing measures of effectiveness for the performance of the non-
4.1.v
Packet Pg. 298 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 76
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
motorized circulation system.
MM TRAF-1: Construction of on-site improvements shall occur in conjunction with adjacent Project de-
velopment activity or as needed for Project access purposes. The recommended on-site
roadway improvements are described below.
• On-site traffic signing and striping should be implemented in conjunction with de-
tailed construction plans for the Project.
• Verify that minimum sight distance is provided at the Project access points.
MM TRAF-2: Design of off-site improvements shall be approved by the City Engineer prior to grading
permit issuance and built prior to building permit issuance. The recommended off-site
roadway improvements are described below.
• Construct the ultimate half section of San Jacinto Avenue as a major highway ad-
jacent to the Project site between the northerly Project boundary and the souther-
ly Project boundary in conjunction with development.
• Provide a 150-foot northbound left turn lane on San Jacinto Avenue at the
intersection with Commonwealth Avenue.
MM TRAF-3: The applicant shall submit a Trip Reduction Program (TRP) for Planning approval prior to
building permit issuance. Once approved the program shall be used by all own-
ers/tenants as stated in a covenant on the land.
MM TRAF-4: The site plan shall provide ten percent of all required parking stalls designated as parking
for any combination of low-emitting, fuel efficient and carpool/vanpool vehicles in compli-
ance with table A5.106.5.1.1 of the CalGreen Code.
MM TRAF-5: The site plan shall provide four percent of all required parking stalls with electric vehicle
charging stations pursuant to Chapter 17.430.361 of the Development Code and
5.106.5.3 of the CalGreen Code.
MM TRAF-6: The site plan shall be redesigned prior to grading permit approval, for Planning approval,
to provide decorative walkways with appropriate signage throughout the site.
MM TRAF-7: The site plan shall provide long-term and short-term bicycle parking in accordance with
Chapter 17.330.110 of the Development Code and Section 5.710.6.2 of the Cal Green
Code.
MM TRAF-8: Prior to demolition and/or grading permit issuance the applicant shall submit a haul route
plan for Planning and Engineering review and approval. This plan shall include the street
route, proposed time of day of the hauling, any required signage, and start/end dates.
b) Conflict with an applicable congestion manage-
ment program, including, but not limited to, level of
service standards and travel demand measures, or
other standards established by the county conges-
tion management agency for designated roads or
highways?
Response: (Source: Riverside County Congestion Management Program, Riverside County Transportation Commission, De-
cember 14, 2011; San Jacinto 5-Year Capital Improvement Program 2014; Western Riverside Council of Governments TUMF Pro-
gram; General Plan as amended October 19, 2012; Circulation Element Table C-1 – Overview of Street Classifications; Figure C-1 –
Roadway Cross Sections; Figure C-2 – Roadway System; Figure C-4 – Bikeways; Figure C-5 – Standard Bikeway Cross Sections;
General Plan EIR; General Plan EIR Addendum August 2012; Figure 5.13-5 – Proposed City of San Jacinto General Plan Network;
Figure 5.13-6 – General Plan Roadway Cross-Sections; Commonwealth Crossing Traffic Impact Analysis, prepared by Trames
Solutions, Inc., October 10, 2017; & Revised March 7, 2018)
4.1.v
Packet Pg. 299 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 77
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
The Riverside County Transportation Commission (RCTC) 2014 Congestion Management Program
(CMP) designates certain roadways as CMP facilities. SR 79 is a designated highway on RCTC’s CMP
system. Currently, SR 79 is San Jacinto Avenue in the City and is the only CMP facility possibly impacted
by this Project.
The CMP designates a minimum acceptable LOS of E on CMP facilities (RCTC 2010). However, the City
requires a LOS D or better for roadways. The City’s LOS standard for CMP roadways is more stringent
than the RCTC standard. This Project does not lower the LOS on San Jacinto Avenue below LOS D
there is no impact under the to the CMP guidelines, directly, indirectly, or cumulatively to a CMP road-
way.
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?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; General Plan EIR Addendum August
2012; & Riverside County Land Use Commission – Hemet-Ryan Airport Plan Final 2017)
The Project site is outside the airport influence area for the Hemet-Ryan Airport (2017). The Project will
have no impact on the facilities or operations of the airport and will not result in a change in air traffic pat-
terns. Therefore, the Project would have no impact, directly, indirectly, or cumulatively on airport opera-
tions.
d) Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous intersec-
tions) or incompatible uses (e.g., farm equip-
ment)?
Response: (Source: Riverside County Congestion Management Program, Riverside County Transportation Commission, De-
cember 14, 2011; General Plan as amended October 19, 2012; Circulation Element Table C-1 – Overview of Street Classifications;
Figure C-1 – Roadway Cross Sections; Figure C-2 – Roadway System; Figure C-4 – Bikeways; Figure C-5 – Standard Bikeway
Cross Sections; General Plan EIR; General Plan EIR Addendum August 2012; Figure 5.13-5 – Proposed City of San Jacinto Gen-
eral Plan Network; Figure 5.13-6 – General Plan Roadway Cross-Sections; Commonwealth Crossing Traffic Impact Analysis, pre-
pared by Trames Solutions, Inc., October 10, 2017; & Revised March 7, 2018)
Most of the roadway improvements to the site are already developed. As designed the Project has been
reviewed for both on-site and off-site safety hazards by Engineering and Fire. The Project will have less
than significant impact, directly, indirectly, and cumulatively, as it will not create or increase hazards on
the circulation system.
e) Result in inadequate emergency access?
Response: (Source: Riverside County Congestion Management Program, Riverside County Transportation Commission, De-
cember 14, 2011; General Plan as amended October 19, 2012; Circulation Element Table C-1 – Overview of Street Classifications;
Figure C-1 – Roadway Cross Sections; Figure C-2 – Roadway System; Figure C-4 – Bikeways; Figure C-5 – Standard Bikeway
Cross Sections; General Plan EIR; General Plan EIR Addendum August 2012; Figure 5.13-5 – Proposed City of San Jacinto Gen-
eral Plan Network; Figure 5.13-6 – General Plan Roadway Cross-Sections; Commonwealth Crossing Traffic Impact Analysis, pre-
pared by Trames Solutions, Inc., October 10, 2017; & Revised March 7, 2018)
The City’s continued implementation of General Plan 2050 policies and programs and the review of the
Project by both the Police and Fire Departments will ensure a less than significant impact, directly, indi-
rectly, and cumulatively on emergency access.
f) Conflict with adopted policies, plans, or programs
regarding public transit, bicycle, or pedestrian facil-
ities, or otherwise decrease the performance or
safety of such facilities?
Response: (Source: Riverside County Congestion Management Program, Riverside County Transportation Commission, De-
cember 14, 2011; General Plan as amended October 19, 2012; Circulation Element Table C-1 – Overview of Street Classifications;
Figure C-1 – Roadway Cross Sections; Figure C-2 – Roadway System; Figure C-4 – Bikeways; Figure C-5 – Standard Bikeway
Cross Sections; General Plan EIR; General Plan EIR Addendum August 2012; Figure 5.13-5 – Proposed City of San Jacinto Gen-
eral Plan Network; Figure 5.13-6 – General Plan Roadway Cross-Sections; Commonwealth Crossing Traffic Impact Analysis, pre-
pared by Trames Solutions, Inc., October 10, 2017; & Revised March 7, 2018)
See response XVI d) above.
4.1.v
Packet Pg. 300 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 78
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
XVII. TRIBAL CULTURAL RESOURCES – Would
the project cause a substantial adverse change in
the significance of a tribal cultural resource, de-
fined in Public Resources Code section 21074 as
either a site, feature, place, cultural landscape
that is geographically defined in terms of the size
and scope of the landscape, sacred place, or ob-
ject with cultural value to a California Native
American tribe, and that is:
a) Listed or eligible for listing in the California Regis-
ter of Historical Resources, or in a local register of
historical resources as defined in Public Re-
sources Code section 5020.1(k), or
Response: (Source: General Plan as amended October 19, 2012; Resource Management Element Figure RM-4 – Cultural Re-
sources; General Plan FEIR; Figure 5.5-1 – Existing Cultural Resources; General Plan EIR Addendum August 2012; General Plan
EIR Figure 5.1-1 – Existing Cultural Resources; Development Code Chapter 17.500 – Archaeological and Paleontological Protec-
tion; Chapter 17.510 – Historic Preservation; & Report of Findings From a Record Search Conducted for Assessor’s Parcel Number
439-120-042, prepared by SRS, October 5, 2017)
See response V a). A NAHC record search found 48 cultural sites within a one-mile radius of the pro-
posed Project. The NAHC provided a list of the tribes culturally affiliated to the Project area and recom-
mended those tribes be contacted to further assess the presence or absence of cultural resources. To
date, no responses have been received.
As well, per Appendix A attached, the City conducted tribal consultation under AB 52, commencing on
December 18, 2017. None of the consulted tribes noted the Project site as a Historical Resource for a
Native American Tribe.
Through the implementation of MM CR-1 to MM CR-3 and PALEO-1, the Project will have a less than
significant impact with mitigation, directly, indirectly, and cumulatively on a Historical Resource.
b) A resource determined by the lead agency, in its
discretion and supported by substantial evidence,
to be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in subdivi-
sion (c) of Public Resources Code Section
5024.1, the lead agency shall consider the signifi-
cance of the resource to a California Native Amer-
ican tribe.
Response: (Source: General Plan as amended October 19, 2012; Resource Management Element Figure RM-4 – Cultural Re-
sources; Ge(Source: General Plan as amended October 19, 2012; Resource Management Element Figure RM-4 – Cultural Re-
sources; General Plan FEIR; Figure 5.5-1 – Existing Cultural Resources; General Plan EIR Addendum August 2012; General Plan
EIR Figure 5.1-1 – Existing Cultural Resources; Development Code Chapter 17.500 – Archaeological and Paleontological Protec-
tion; Chapter 17.510 – Historic Preservation; & Report of Findings From a Record Search Conducted for Assessor’s Parcel Number
439-120-042, prepared by SRS, October 5, 2017)
See response XVII a) above, the Records Search referenced above, did not identify the presence of sig-
nificant resources on-site pursuant to criteria set forth in subdivision (c) of Public Resource Code Section
5024.1. However, as referenced, the Soboba and Rincon Bands of Luiseño Indians requested consulta-
tion and implementation of MM CR-1 to MM CR-3 to address significant resources that may be present
on the site. Therefore, the Project will have less than significant impact with mitigation, directly, indi-
rectly, and cumulatively on a Tribal Historical Resource.
XVIII. UTILITIES AND SERVICE SYSTEMS –
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; & General Plan EIR Addendum August
2012)
4.1.v
Packet Pg. 301 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 79
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
Wastewater would be conveyed to the existing 18-inch sewer line located in San Jacinto Avenue and
then to the EMWD’s Hemet/San Jacinto Regional Water Reclamation Facility. This 255-acre facility is
located at 770 North Sanderson Avenue in the western portion of the City of San Jacinto. The plant per-
forms primary, secondary, and tertiary treatment of wastewater, removing bacteria, viruses, and virtually
all suspended solids. The facility’s current capacity is 14 million gallons per day (mgd) and the ultimate
planned expansion capacity is 27 mgd. The plant currently treats approximately 9 mgd.
The Project would create additional demand for existing facilities; however, the wastewater would be do-
mestic waste and treatment standards would be met as required per the current National Pollutant Dis-
charge Elimination System permit (CAS 618033) issued by the Santa Ana Regional Water Quality Control
Board to the Riverside County Flood Control and Conservation District and co-permittees which include
the City of San Jacinto.
The addition of the proposed Project will not significantly impact EMWD’s capacity, and impacts associat-
ed with wastewater treatment will be less than significant, directly, indirectly, and cumulatively.
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?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; & General Plan EIR Addendum August
2012)
As noted in XVIII a) above, the Project will not exceed the current capacity of the water and wastewater
system s. The City implements all requirements of the Regional Water Quality Control Board pertaining to
water quality and wastewater discharge. The Project will have a less than significant impact, directly,
indirectly, and cumulatively on wastewater treatment.
c) Require or result in the construction of new
stormwater drainage facilities or expansion of ex-
isting facilities, the construction of which could
cause significant environmental effects?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; General Plan EIR Addendum August
2012; Municipal Code Chapter 13.44 – Storm Water Management; Chapter 16.24 – Improvements; Chapter 13.04 – Water Service;
Chapter 15.40 – Floodplain Management; Development Code Section 17.300.120 – Water Quality; Section 17.305.050 – Floodplain
Management; Section 17.520.050 – Water Quality; Section 17.600.100 – Water Quality Management Plan (WQMP) Required; Pre-
liminary Drainage Study, prepared by Salem Engineering Group, Inc., September 5, 2017; & Project Specific Water Quality Man-
agement Plan, prepared by Salem Engineering Group, Inc., December 29, 2017)
Pursuant to NPDES regulations, the City will require that the Project complies with existing Santa Ana
WQCB and City stormwater controls, including compliance with NPDES construction and operation
measures to prevent erosion, siltation, and transport of urban pollutants.
In addition, the City of San Jacinto is a Co-Permittee and is required to comply with, the Riverside County
municipal separate storm sewer system (MS4) permit (Waste Discharge Requirements for Riverside
County - Order No. 2010-0033, NPDES No. CAS618033) adopted by the Regional Board on January 29,
2010. In conformance with this MS4 permit the Project is required to implement structural and non-
structural Best Management Practices (BMPs) to retain and treat pollutants of concern (in dry-weather
runoff and first-flush stormwater runoff, during and post-construction.
The Project will not impact the existing stormwater management systems significantly. The Project will
result in an incremental increase in the volume of stormwater; however, the City will require that the in-
cremental increase in volume be managed on site. The preparation of site-specific hydrology studies,
water management plans, and Project design and compliance with existing federal, state, and local water
quality laws and regulations related to water quality standards will ensure a less than significant impact,
directly, indirectly, and cumulatively to stormwater facilities.
d) Have sufficient water supplies available to serve
the project from existing entitlements and re-
sources, or are new or expanded entitlements
4.1.v
Packet Pg. 302 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 80
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
needed? In making this determination, the Lead
Agency shall consider whether the project is sub-
ject to the water supply assessment requirements
of Water Code Section 10910, et. seq. (SB 610),
and the requirements of Government Code Sec-
tion 664737 (SB 221).
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; General Plan EIR Addendum August
2012; EMWD 2015 Urban Water Management Plan, June 2016; Hemet/San Jacinto Groundwater Management Area Groundwater
Management Plan, November 7, 2007)
Senate Bill (SB) 610 (Chapter 643, Statutes of 2001; Water Code Sections 10910–10915) made changes
to the Urban Water Management Planning Act to require additional information in UWMPs if groundwater
is identified as a source available to the supplier. The information required includes a copy of any
groundwater management plan adopted by the supplier, a copy of the adjudication order or decree for
adjudicated basins, and if non-adjudicated, whether the basin has been identified as being over drafted or
projected to be over-drafted in the most current DWR publication on that basin. If the basin is in over-
draft, that plan must include current efforts to eliminate any long-term overdraft. A key provision in SB
610 requires that large development projects supplied with water from a public water system and subject
to CEQA be provided a specified water supply assessment, except as specified in the law. Large devel-
opment projects include those with 500 or more residential units, 500,000 square feet of retail commercial
space, or 250,000 square feet of office commercial space. These assessments, prepared by “public wa-
ter systems” responsible for service, address whether there are adequate existing or projected water
supplies available to serve proposed projects, in addition to urban and agricultural demands and other
anticipated development in the service area in which the project is located.
SB 221 (Chapter 642, Statutes of 2001; Government Code Section 66473.7) prohibits approval of subdi-
visions consisting of more than 500 dwelling units unless there is verification of sufficient water supplies
for the project from the applicable water supplier(s). This requirement also applies to approvals that
would increase the number of service connections by 10% or more for public water systems with less
than 500 service connections. The law defines criteria for determining “sufficient water supply” such as
using normal, single-dry, and multiple-dry year hydrology and identifying the amount of water that the
supplier can rely on to meet existing and future planned uses. Rights to extract additional groundwater, if
used for the project, must be substantiated.
The Project proposes less than 45,000-square-feet of commercial development and as such is not re-
quired to get a water supply assessment from Eastern Municipal Water District, the water purveyor.
Water line laterals will be extended to the site within the existing road right-of-way. The Project is con-
sistent with the General Plan designation for the site as well as the City population projections used in the
EMWD Urban Water Management Plan (approved June 2016). Per the 2016 UWMP, demand within
EMWD through 2040 will be met through a combination of local supply development and ongoing water
conservation. The Project will minimize water demand by installing low flow fixtures, drought-tolerant
landscaping and use of a car wash system designed to capture, treat, and reuse potable water. No new
water entitlements would be necessary to serve the Project.
As the Project is consistent with the General Plan 2050 upon which EMWD has made their assumptions
for planned water availability and with compliance with all State and local regulations impacts to water
supplies will be less than significant, directly, indirectly, and cumulatively.
e) Result in a determination by the wastewater treat-
ment provider which serves or may serve the pro-
ject that it has adequate capacity to serve the pro-
ject's projected demand in addition to the provid-
er's existing commitments?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; & General Plan EIR Addendum August
2012)
As noted in XVIII a) and b) above, the Project will not generate enough wastewater to exceed current ca-
4.1.v
Packet Pg. 303 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 81
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
pacity of the wastewater system . San Jacinto Municipal Utilities implements all requirements of the Re-
gional Water Quality Control Board pertaining to water quality and wastewater discharge. The Project will
have a less than significant impact, directly, indirectly, and cumulatively on wastewater treatment.
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid waste
disposal needs?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; General Plan EIR Addendum August
2012; Municipal Code Chapter 8.34 – Construction and Demolition Waste Management; & Cascadia Consulting Group. Waste Dis-
posal and Diversion Findings for Select Industry Groups, Integrated Waste Management Board, June 2006)
CR&R Waste and Recycling Services transports solid waste to the Lamb Canyon landfill. Prior to reach-
ing the landfill, waste will be taken to a transfer station in Perris, CA for consolidation and transport to the
sanitary landfill. The Project site is located approximately 9 miles south of the Lamb Canyon Landfill, a
Riverside County regional municipal solid waste landfill. This facility is located at 16411 Lamb Canyon
Road, Beaumont, California. The landfill is owned and operated by Riverside County Department of
Waste Resources. The landfill property area consists of approximately 1,189 acres, including 580.5
acres total permitted area, of which 144.6 acres are permitted for solid waste disposal. The current per-
mitted refuse disposal area includes approximately 74 acres of unlined area and approximately 70.6
acres of lined area. The landfill has a permitted capacity of 5,000 tons per day and has an estimated dis-
posal capacity of 15.646 million tons. As of January 1, 2013, the facility had 7.616 tons of remaining dis-
posal capacity. The disposal capacity is expected to last through the year 2021. During 2013, the Lamb
Canyon Landfill accepted an average daily volume of 1,638 tons.
The proposed Project will generate construction/demolition waste (CDW) as well as ongoing domestic
waste from the commercial uses on-site. Solid waste generated by the proposed facility would likely be
disposed of at the Lamb Canyon landfill. It is presumed that construction waste would be comprised of
concrete, metals, wood, landscape, and typical domestic material. The California Integrated Waste Man-
agement Act (CIWMA) of 1989 mandates that all cities and counties in California reduce solid waste dis-
posed at landfills generated within their jurisdictions by 50% and has a long-term compliance goal of 70%.
CDW associated with the proposed Project will be recycled to the extent practicable with the remainder
sent to a landfill. The construction debris would be processed and recycled or sent to the landfill. Pursu-
ant to Chapter 8.34 – Construction Demolition Waste Management of the Municipal Code 50% of the
construction debris must be diverted.
Annual Tons Disposed by Industry Group1
Annual Tons
per Employee
Annual Tons
per Seat
Annual Tons
per Room
Annual Pounds
per Sq. Ft.
Annual
Pounds per
Visitor
Mean Mean StDv Mean StDv Mean StDv Mean StDv Mean StDv
Fast Food Res-
taurants 2.13 1.24 0.99 0.83
Full Service
Restaurants 2.20 1.47 0.41 0.33
Food Stores 2.38 1.69
Durable Whole-
sale Goods
Distributors
1.23 1.24
Non-Durable
Wholesale
Goods Distribu-
tors
1.43 1.22
Large Hotels 1.95 1.55 0.92 0.95
Building Materi-
al & Garden,
Big Box Stores
3.17 1.74
Building Materi-
al & Garden,
Other Stores
1.74 1.34
4.1.v
Packet Pg. 304 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 82
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
Retail, Big Box
Stores 1.43 1.00
Retail, Other
Stores 0.86 0.59
Shopping Malls 2.03 1.31
Anchor Stores
at Shopping
Malls *
2.10 1.09
Public Venues
& Events 1.72 2.58
Large Office
Buildings 1.87 1.56
Cascadia Consulting Group. Waste Disposal and Diversion Findings for Select Industry Groups, Integrated Waste Management
Board, June 2006
APPLIED PROJECT DIVERSION RATES
Parcel/Lot # Building Size
Sq. Ft.
Diversion Rate
Annual Tons
per
Annual Mean
Diversion in
Tons per Year
Average #
Employees Use
Parcel 1 2,720 2.13
employee 63.9 30
Fast Food
w/Drive-
Through
Parcel 2 3,062 2.38
employee 42.84 18
Service Station
w/Convenience
Store/Beer and
Wine Sales
Parcel 3 12,000 1.23
employee 36.9 30 Tire Store
Parcel 4 3,590 1.74
employee 8.7 5 Car wash
Parcel 5 24,000 0.000935
Sq. Ft. 22.44 40 Office Retail
Building
Total Tons per
Year 174.74 87
Total Pounds
per Year 349,480
The employee estimates are overstated to get a worst-case figure for diversion.
For the worst-case scenario, this Project would generate approximately 349,480 tons per year for the Pro-
ject. Assuming 50% is recycled, a total of 174,740 tons would go to the landfill annually. Assuming Lamb
Canyon receives the waste, this would increase the total volumes going to landfill daily by .096 percent.
With the implementation of the City’s and CR&R’s recycling programs the City continues to divert waste
from the landfill. As well, compliance with Municipal Code Chapter 8.34 – Construction and Demolition
Waste Management will further divert waste to the landfill. Lastly, the tire store has the potential for the
storage of used car batteries, tires, oil, and other hazardous materials regulated by the State of California.
The storage either indoor or outdoor of these hazardous items has a potential for hazardous effects (see
Section VIII of this Initial Study. As well, the landfilling of whole tires consumes a large volume of landfill
space because the tires are relatively incompressible and 75% of the space a tire occupies is void. This
void space provides potential sites for gas collection and harboring of rodents. To reduce the impact of
used tires on the landfill MM HAZ -1 is also applied.
Therefore, the Project will have a less than significant impact with mitigation, directly, indirectly, and
cumulatively to landfills.
g) Comply with federal, state, and local statutes and
regulations related to solid waste?
Response: (Source: General Plan as amended October 19, 2012; General Plan EIR; General Plan EIR Addendum August
2012; & Municipal Code Chapter 8.34 – Construction and Demolition Waste Management)
4.1.v
Packet Pg. 305 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 83
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
See Response Xviii f) above.
Federal, State, and local statutes and regulations regarding solid waste generation, transport, and dis-
posal are intended to assure adequate landfill capacity through mandatory reductions in solid waste
quantities (for example, through recycling and composting of green waste) and the safe and efficient
transportation of solid waste. The Project will comply with all regulatory requirements regarding solid
waste including AB 939 and AB 341. AB 939, which is administered by the California Department of Re-
sources Recycling and Recovery required local governments to achieve a landfill diversion rate of at least
50 percent by January 1, 2000, through source reduction, recycling, and composting activities. Moreover,
AB 341 increases the minimum solid waste diversion rate to 75 percent by 2020. Such regulations will be
applicable to this Project and compliance is mandatory. Further, mandates set forth by the CALGreen
Code aim to reduce solid waste generation and promote recycling and diversion design and activities, to
which this Project is required to comply. There will be less than significant impacts with mitigation,
directly, indirectly, or cumulatively regarding compliance with Federal, State, and local statutes and regu-
lations related to solid waste.
XIX. MANDATORY FINDINGS OF SIG-
NIFICANCE –
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 re-
strict the range of a rare or endangered plant or
animal or eliminate important examples of the ma-
jor periods of California history or prehistory?
Biological Resources
In Section IV (Biological Resources), it is noted that the MSHCP has identified burrowing owl as a species
of concern. There was no sign of burrowing owl or burrowing owl use on the site. Depending upon the
timing of the proposed construction, burrowing owl could move on site in the interim. Also, impacts to
active bird nests could also occur. Therefore, m itigation measures, MM BIO-1 and MM BIO-2 are pro-
posed to require a pre-construction survey for the burrowing owl and requiring demoli-
tion/grading/construction to occur outside of the nesting season for birds. No other biological impacts are
expected therefore, it was determined that the Project will have a less than significant impact with mit-
igation, directly, indirectly, and cumulatively, on any species identified as a candidate, sensitive, or spe-
cial status species in local or regional plans, or policies.
Cultural & Tribal Resources
In Section V (Cultural Resources) and Section XVII (Tribal Cultural Resources), the Records Search
found that there was a risk to cultural resources and mitigation measures MM CR-1 through MM CR-3
and MM PALEO-1 are proposed to reduce impacts to less than significant levels with mitigation.
b) Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumula-
tively considerable" means that the incremental ef-
fects of a project are considerable when viewed in
connection with the effects of past projects, the ef-
fects of another current project, and the effects of
probable future projects.)
The Project will contribute to the cumulative impacts of development in the City of San Jacinto and
broader San Jacinto Valley. However, the Project is in conformance with the City’s General Plan and
therefore it will have a less than significant impact cumulatively.
c) Does the project have environmental effects which
will cause substantial adverse effects on human
beings, either directly or indirectly?
Effects on human beings were evaluated as part of the Air Quality, Hydrology and W ater Quality, Land
Use/Planning, Population and Housing, Public Services, and Recreation sections of this Initial Study and
4.1.v
Packet Pg. 306 Attachment: Attachment 24 - Mitigated Negative Declaration Initial Study (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-
Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 84
ISSUES (AND SUPPORTING
INFORMATION SOURCES):
Potentially
Significant
Impact
Less Than
Significant
with Mitiga-
tion Incorpo-
rated
Less Than
Significant
Impact
No
Impact
were found to be less than significant for each of the above sections. As well, effects on human beings
were evaluated as part of the Aesthetics, Geology, and Soils, Greenhouse Gas Emissions, Hazards and
Hazards Materials, Noise, Transportation/Traffic, and Utilities/Service Systems sections of this Initial
Study and were found to be less than significant with mitigation. Based on the analysis and conclu-
sions in this Initial Study, the Project will not cause substantial adverse effects, directly or indirectly to
human beings. Therefore, potential direct and indirect impacts on human beings that result from the pro-
posed Project are less than significant with mitigation measures MM AES-1, MM GEO-1, MM GEO-2,
MM GHG-1 through MM GHG-4, MM HAZ-1, MM NOI-1 through MM NOI-13, MM TRAF-1 through MM
TRAF -8, and MM HAZ-1 for Utilities/Service Systems.
Note: Authority cited: Sections 21083 and 21083.05, Public Resources Code. Reference: Section 65088.4, Gov. Code; Sections 21080(c), 21080.1,
21080.3, 21083, 21083.05, 21083.3, 21093, 21094, 21095, and 21151, Public Resources Code;, Sundstrom v. County of Mendocino,(1988) 202
Cal.App.3d 296; Leonoff v. Monterey Board of Supervisors, (1990) 222 Cal.App.3d 1337; Eureka Citizens for Responsible Govt. v. City of Eureka
(2007) 147 Cal.App.4th 357; Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4th at 1109; San Franciscans Up-
holding the Downtown Plan v. City and County of San Francisco (2002) 102 Cal.App.4th 656.
4.1.v
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Initial Study – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04 City of San Jacinto
MUP-17-06/MUP-17-07/MUP-17-08 Page 85
APPENDIX A – AB 52 CONSULTATION LOG
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Initial Study – Commonwealth Crossing
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MUP-17-06/MUP-17-07/MUP-17-08 Page 86
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MMRP – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04
MUP-17-06/MUP-17-07/MUP-17-08 Page 1 of 7 City of San Jacinto
MITIGATION MONITORING & REPORTING PROGRAM (MMRP)
FOR CEQA COMPLIANCE
DATE: March 23, 2018 ASSESSORS PARCEL NO.: 439-120-042
CASE NO.:
SPDR-17-11 – Site Plan Design Review
CZ-17-03 – Change of Zone to Commercial General
PM-37407 – Tentative Parcel Map
CUP-17-06 – Conditional Use Permit – 7 Eleven
VAR-17-04 – Alcohol Sales w/in 1,000 feet
MUP-17-06 – Minor Use Permit – Fast Food w/Drive
MUP-17-07 – Minor Use Permit – Car Wash
MUP-17-08 – Minor Use Permit – Tire Store
PROJECT LOCATION: West side of San Jacinto Avenue at the
terminus of Commonwealth Avenue, in the City of San Jacinto,
California, as shown in Figure A – Aerial Map. The Project site is
located within the Section 2 of Township 5 South, Range 1 West,
San Bernardino Base and Meridian (SBBM) and is comprised of
Tax Assessor parcel number APN 439-120-042.
SCH NO: N/A APPROVAL DATE: In Process
APPLICANT:
Applicant/Developer Applicant/Developer
MW Advantage 1, LLC Mark Cooper,
Page Plaza Partners, LLC
26400 La Alameda, Suite 100 38011 Stone Meadow Drive
Mission Viejo. CA 92691 Murrieta, CA 92562
(949) 680-4300 (951) 643-4711
PROJECT MANAGER: Same as Applicant
THE FOLLOWING REPRESENTS THE CITY’S MITIGATION MONITORING PROGRAM FOR THE MITIGATED
NEGATIVE DECLARATION FOR THE ABOVE CASE NUMBER(S)
ATTACHMENT 25 4.1.w
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MMRP – Commonwealth Crossing
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MUP-17-06/MUP-17-07/MUP-17-08 Page 2 of 7 City of San Jacinto
MITIGATION MEASURES RESPONSIBLE
PARTY
TIMING TYPE OF
VERIFICATION
VERIFIED
BY
DATE
I. AESTHETICS
MM AES-1: Outdoor lighting shall maintain a minimum of
one-foot candle illumination for all parking and pedestrian ar-
eas and shall not exceed one-half foot candle along property
lines of the subject site. A photometric plan shall be submitted
for Planning review and approval. The plan must include de-
tails such as beam spreads and/or photometric calculations,
location and type of fixtures, and arrangement of exterior light-
ing that does not create glare or hazardous interference to ad-
jacent streets or properties.
Project
Proponent
A photometric
shall be submitted
prior to Building
Permit Issuance
Planner will review
and approve.
IV. BIOLOGICAL RESOURCES
MM BIO 1: A pre-construction burrowing owl breeding bird
survey following the recommended guidelines of the MSHCP will
be required no more than 30 days prior to disturbance (demoli-
tion, grading, construction) of the site. If burrowing owls are de-
tected at the site, they will be relocated either passively or ac-
tively from the site outside of the nesting season with the ap-
proval of the California Department of Fish and Wildlife (CDFW)
and the Regional Conservation Authority (RCA). Occupied bur-
rows will not be disturbed during the nesting season (February 1
through August 31) unless a qualified biologist verifies through
non-invasive methods that either (a) the adult birds have not
begun egg-laying and incubation, or (b) the juveniles from the
occupied nests are foraging independently and are capable of
independent survival. If the biologist is not able to verify one of
the above conditions, then no disturbance shall occur during the
breeding season within a distance determined by the qualified
biologist for each nest or nesting site. For the burrowing owl, the
recommended distance is a minimum of 160 feet.
Projec
Proponent
30-days prior to
ground disturb-
ance (demolition,
grading and/or
construction)
Report by qualified
biologist.
MM BIO 2: Demolition, grading and/or construction activi-
ties shall occur outside of the nesting season (February 1
through August 31), if feasible. If the nesting season cannot be
avoided, then a breeding bird survey will be required no more
than 7 days prior to the disturbance of potential nesting habitat
to determine if nesting is occurring. Nests will not be disturbed
unless a qualified biologist verifies through non-invasive meth-
ods that either (a) the adult birds have not begun egg-laying and
incubation, or (b) the juveniles from the occupied nests are for-
aging independently and are capable of independent survival. If
the biologist is not able to verify one of the above conditions,
then no disturbance shall occur during the breeding season with-
Project
Proponent
7-days prior to
ground disturb-
ance (demolition,
grading and/or
construction)
Report by qualified
biologist.
4.1.w
Packet Pg. 311 Attachment: Attachment 25 - Mitigation Monitoring Reporting Program (Commonwealth Crossing (SPDR-
MMRP – Commonwealth Crossing
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MUP-17-06/MUP-17-07/MUP-17-08 Page 3 of 7 City of San Jacinto
MITIGATION MEASURES RESPONSIBLE
PARTY
TIMING TYPE OF
VERIFICATION
VERIFIED
BY
DATE
in a distance determined by the qualified biologist for each nest
or nesting site.
V. CULTURAL RESOURCES
MM CR 1: An Archaeological Mitigation and Monitoring
Plan (AMMP) shall be developed in coordination with the Sobo-
ba Band of Luiseño Indians and the City of San Jacinto prior to
initiating demolition and/or grading. The plan shall involve moni-
toring of all ground disturbing activities by a Riverside County
qualified archaeologist and a Native American Monitor. The plan
shall include a protocol for the mitigation and significance testing
of inadvertent archaeological finds.
Project
Proponent
Riverside County
Qualified Archae-
ologist
Prior to any
earthmoving ac-
tivity.
Provide the City
with a Copy of
AMMP
MM CR-2: Prior to demolition permit and/or grading permit
issuance the developer shall enter into a Treatment and Disposi-
tion 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 and pro-
vide the City with a copy of the executed agreement. The TDA
will establish provisions for tribal monitors.
Project
Proponent
Prior to any
earthmoving ac-
tivity (demolition,
grading and/or
construction)
Provide the City
with a copy of the
executed agree-
ment.
MM CR-3: In the event of the discovery of human remains,
the County coroner shall be immediately notified. If human re-
mains 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). Accord-
ing 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 is stopped near
discovered human remains until the coroner can determine
whether the remains are those of a Native American. If the re-
mains are determined to be Native American, the California Na-
tive American Heritage Commission, Morongo Band of Mission
Indians and the Soboba Band of Luiseño Indians shall be noti-
fied, 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.
Planning
Department
Project
Proponent
Archaeologist
Native American
Monitor
During earthmov-
ing activities
Notification to the
County Coroner
and Planning De-
partment.
MM PALEO 1: If paleontological resources are encountered Planning During earthmov-Contact Planning
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MMRP – Commonwealth Crossing
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MITIGATION MEASURES RESPONSIBLE
PARTY
TIMING TYPE OF
VERIFICATION
VERIFIED
BY
DATE
during grading, ground disturbance activities shall cease so a
qualified paleontological monitor can evaluate any paleontologi-
cal 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 re-
sources to ensure the values inherent in the resources are ade-
quately characterized and preserved. Collected specimens will
be sent to the appropriate authorities for collection.
Department
Project
Proponent
Archaeologist
Native American
Monitor
ing activities Department and
Project Proponent.
Project Proponent
will hire a qualified
palaeontologist to
prepare report for
the Planning De-
partment on re-
quired mitigation.
VI. GEOLOGY & SOILS
MM GEO 1: The recommendations of the Geotechnical Report
prepared by Sladden Engineering, shall be followed through site
preparation and building construction. A Geotechnical Engineer
shall be present at the site during site demolition and preparation
to observe site clearing/demolition, preparation of exposed sur-
face after clearing, and placement, treatment, and compaction of
fill material.
Project
Proponent
During earthmov-
ing activities
Engineering will
verify during in-
spections
MM GEO-2: Submit an updated geotechnical soils reports
covering the imported soils to the site, to the Engineering De-
partment for review and approval prior to issuance of a grading
permit.
Project
Proponent
Prior to Grading
Permit Issuance
Engineering will
review and approve
VII. GREENHOUSE GAS EMISSIONS
MM GHG-1: The Project applicant shall require that: all fau-
cets, toilets, and showers installed in the proposed structures
utilize low-flow fixtures that would reduce indoor water demand
by 20% per CalGreen Standards and that water-efficient land-
scaping practices are employed on-site.
Project
Proponent
Prior to Building
Permit Issuance
Project Planner will
verify through Plan
Check
MM GHG-2: The Project applicant shall require recycling
programs that reduce waste to landfills by a minimum of 75 per-
cent (per AB 341).
Project
Proponent
Prior to Building
Permit Issuance
Project Planner will
verify through
Building Inspection
MM GHG-3: The Project applicant shall provide sidewalks
that connect on and offsite.
Project
Proponent
Prior to Grading
Permit Issuance
Project Planner will
verify through
Grading Plan re-
view
MM GHG-4: The Project applicant will ensure that Energy
Star appliances are used onsite, wherever appliances are re-
quired.
Project
Proponent
Prior to Building
Permit Issuance
Project Planner will
verify through
Building Inspection
VIII. HAZARDS AND HAZARDOUS MATERIALS
MM HAZ-1: The storage of tires outside will be strictly pro-
hibited. All used tires shall be sent to a recycling facility on a
regular basis.
Project
Proponent
Prior to Building
Permit Issuance
Project Planner will
verify through Site
Inspection
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MMRP – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04
MUP-17-06/MUP-17-07/MUP-17-08 Page 5 of 7 City of San Jacinto
MITIGATION MEASURES RESPONSIBLE
PARTY
TIMING TYPE OF
VERIFICATION
VERIFIED
BY
DATE
XII. NOISE
MM NOI-1: The Project shall incorporate a minimum six -
foot high decorative block walls along the northern and western
property lines (adjacent to the existing mobile home park and
residences).
Project
Proponent
Prepare wall
plans for Building
Permit, under a
separate applica-
tion
Planning Depart-
ment will review the
wall plans prior to
permit issuance
MM NOI-2: Any rooftop or ground mounted HVAC units
should be positioned at a physical distance as far as plausible
from adjacent residences. In addition, the equipment should be
shielded by a parapet wall with a height equal or greater than the
equipment. The height of the wall must be taller than the HVAC
units and shall be designed to completely shield any noise that
may be able to flank around the parapet wall.
Project
Proponent
Show on plans
for Plan Check
Planning Depart-
ment will verify dur-
ing Plan Check
MM NOI-3: Drive-Through and drive-up speakerphones
shall be positioned in a direction facing away from the mobile
home park to the north. The speakerphones shall incorporate a
system that is capable of lowering the output volume during
night-time conditions such that the levels are at or below ambi-
ent conditions. HM Electronics has a speaker system which ad-
justs the outbound volume on the system based on the ambient
noise. Noise level estimates based on the manufacturer’s speci-
fications are provided in Appendix E of the Noise Impact Study.
Project
Proponent
Show on plans
for Plan Check
Planning Depart-
ment will verify dur-
ing Plan Check
MM NOI-4: Ensure vacuum turbines are enclosed with a
roof and properly fitted with silencer attenuators.
Project
Proponent
Show on plans
for Plan Check
Planning Depart-
ment will verify dur-
ing Plan Check
MM NOI-5: The car wash mechanical equipment room shall
be fitted with acoustic louver doors or equivalent.
Project
Proponent
Show on plans
for Plan Check
Planning Depart-
ment will verify dur-
ing Plan Check
MM NOI-6: Trash collection to the site shall occur during
daytime hours.
Project
Proponent
During Project
Operation
Should complaints
arise the City will
ask for verification
of equipment
MM NOI-7: Truck deliveries shall occur during daytime
hours.
Project
Proponent
During Project
Operation
Should complaints
arise the City will
ask for verification
of equipment
MM NOI-8: Construction should occur during the permissi-
ble 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 con-
struction shall take place on Sundays or any Federal holiday.
Project
Proponent
Prior to Grading
permit provide
this note on
Grading Plan
Planning Depart-
ment will verify dur-
ing Grading Plan
Review
MM NOI-9: During construction, the contractor shall en-Project During Construc-Engineering will
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TIMING TYPE OF
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VERIFIED
BY
DATE
sure all construction equipment is equipped with appropriate
noise attenuating devices
Proponent tion verify during In-
spections
MM NOI-10: The contractor shall locate equipment staging
areas that will create the greatest distance between construc-
tion-related noise/vibration sources and sensitive receptors
nearest the Project site during all Project construction.
Project
Proponent
During Construc-
tion
Engineering will
verify during In-
spections
MM NOI-11: Idling equipment shall be turned off when not in
use.
Project
Proponent
During Construc-
tion
Should complaints
arise the City will
ask for verification
of equipment
MM NOI-12: Equipment shall be maintained so that vehicles
and their loads are secured from rattling and banging.
Project
Proponent
During Construc-
tion
Should complaints
arise the City will
ask for verification
of equipment
MM NOI-13: The day-to-day operation of the uses proposed
for the Project site shall not exceed a VdB greater than 50.
Project
Proponent
During Construc-
tion
Should complaints
arise the City will
ask for verification
of equipment
XVI. TRANSPORTATION/TRAFFIC
MM TRAF -1: Construction of on-site improvements shall oc-
cur in conjunction with adjacent Project development activity or
as needed for Project access purposes. The recommended on-
site roadway improvements are described below.
• On-site traffic signing and striping should be implement-
ed in conjunction with detailed construction plans for the Project.
• Verify that minimum sight distance is provided at the
Project access points.
Project
Proponent
Prior to Grading
Permit Issuance
Street Improvement
plan to be reviewed
and approve by
Engineering
MM TRAF-2: Design of off-site improvements shall be ap-
proved by the City Engineer prior to grading permit issuance and
built prior to building permit issuance. The recommended off-
site roadway improvements are described below.
• Construct the ultimate half section of San Jacinto Ave-
nue as a major highway adjacent to the Project site between the
northerly Project boundary and the southerly Project boundary in
conjunction with development.
• Provide a 150-foot northbound left turn lane on San
Jacinto Avenue at the intersection with Commonwealth Avenue.
Project
Proponent
Prior to Grading
Permit Issuance
Street Improvement
plan to be reviewed
and approve by
Engineering
4.1.w
Packet Pg. 315 Attachment: Attachment 25 - Mitigation Monitoring Reporting Program (Commonwealth Crossing (SPDR-
MMRP – Commonwealth Crossing
SPDR-17-11/CZ-17-03/PM-37407/CUP-17-06/VAR-17-04
MUP-17-06/MUP-17-07/MUP-17-08 Page 7 of 7 City of San Jacinto
MITIGATION MEASURES RESPONSIBLE
PARTY
TIMING TYPE OF
VERIFICATION
VERIFIED
BY
DATE
MM TRAF-3: The applicant shall submit a Trip Reduction
Program (TRP) for Planning approval prior to building permit
issuance. Once approved the program shall be used by all own-
ers/tenants as stated in a covenant on the land.
Project
Proponent
Prior to Building
Permit
Planning will review
and approve the
TRP and Covenant
MM TRAF-4: The site plan shall provide ten percent of all re-
quired parking stalls designated as parking for any combination
of low-emitting, fuel efficient and carpool/vanpool vehicles in
compliance with table A5.106.5.1.1 of the CalGreen Code.
Project
Proponent
Prior to Grading
Permit
Planning will review
and approve the
revised site plan
MM TRAF-5: The site plan shall provide four percent of all
required parking stalls with electric vehicle charging stations pur-
suant to Chapter 17.430.361 of the Development Code and
5.106.5.3 of the CalGreen Code.
Project
Proponent
Prior to Grading
Permit Issuance
Planning will review
and approve the
revised site plan
MM TRAF-6: The site plan shall be redesigned prior to grad-
ing permit approval, for Planning approval, to provide decorative
walkways with appropriate signage throughout the site.
Project
Proponent
Prior to Grading
Permit Issuance
Planning will review
and approve the
revised site plan
MM TRAF-7: The site plan shall provide long-term and short-
term bicycle parking in accordance with Chapter 17.330.110 of
the Development Code and Section 5.710.6.2 of the Cal Green
Code.
Project
Proponent
Prior to Grading
Permit Issuance
Planning will review
and approve the
revised site plan
MM TRAF-8: Prior to demolition and/or grading permit issu-
ance the applicant shall submit a haul route plan for Planning
and Engineering review and approval. This plan shall include
the street route, proposed time of day of the hauling, any re-
quired signage, and start/end dates.
Project
Proponent
Prior to Grading
Permit Issuance
Planning & Engi-
neering will review
Route
XVII. TRIBAL CULTURAL RESOURCES
See MM CR-1 through MM CR-5 above.
XVIII. UTILITIES AND SERVICE SYSTEMS
See MM HAZ-1 above.
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Packet Pg. 316 Attachment: Attachment 25 - Mitigation Monitoring Reporting Program (Commonwealth Crossing (SPDR-
ATTACHMENT 254.1.xPacket Pg. 317Attachment: Attachment 26 - Letter from SCAQMD (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04,
4.1.xPacket Pg. 318Attachment: Attachment 26 - Letter from SCAQMD (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04,
AZ Office CA Office
4960 S. Gilbert Rd, Suite 1-461 1197 Los Angeles Ave, Suite C-256
Chandler, AZ 85249 Simi Valley, CA 93065
p. (602) 774-1950 p. (805) 426-4477
www.mdacoustics.com
JN:0144-13-1702_Memo#1 1
April 6, 2018
Mr. Devon Wesselink
MW Vantage 1, LLC
26400 La Alameda, Ste 100
Mission Viejo, CA 92691
Subject: San Jacinto Commonwealth Development Air Quality and Greenhouse Gas Study,
City of San Jacinto, CA
Response to Comments – Memo#1
Dear Mr. Wesselink:
MD Acoustics, LLC (MD) has been working with MW Vantage 1, LLC on the san Jacinto Commonwealth
Development project as it relates to the Air Quality and Greenhouse Gas Study. The original San Jacinto
Commonwealth Development Air Quality and Greenhouse Gas Impact Study (AQ/GHG) was prepared
by MD on November 3, 2017. On April 4, 2018, MD received comments from South Coast Air Quality
Management District (SCAQMD) Negative Declaration (ND) for the Proposed Commonwealth Crossing.
Comment 1
Compliance with SCAQMDs Rules
Since the Proposed Project includes gasoline service station, a permit from SCAQMD would be
required, and SCAQMD should be identified as a Responsible Agency for this Project in the Final MND.
The assumptions in the air quality analysis in the Final MND wi ll be the basis for permit conditions and
limits.
The Final MND should also demonstrate compliance with SCAQMD Rules, including, but are not limited
to, Rule 201 – Permit to Construct, Rule 203 – Permit to Operate, and Rule 461 – Gasoline Transfer and
Dispensing. If there are permitting questions concerning the gasoline service station, they can be
directed to SCAQMD Engineering and Permitting staff at (909) 396 -2551.
Response to Comment 1
As a condition of approval and prior to issuance to building permits, the applicant shall demonstrate
compliance to Rule 201 – Permit to Construct and Rule 203 – Permit to Operate, and Rule 461 –
Gasoline Transfer and Dispensing by obtaining proper permits.
ATTACHMENT 27
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Packet Pg. 319 Attachment: Attachment 27 - Response to SCAQMD (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-
San Jacinto Commonwealth Development
Air Quality and Greenhouse Gas Impact Study
Response to Comments – Memo#1
JN:0144-13-1702_Memo#1 2
Comment 2
Air Quality Analysis
In the Air Quality analysis, the Lead Agency found that the Proposed Project’s regional and localized
construction and operational air quality impacts would be less than significant. However, it does not
appear that the Air Quality analysis include operational ROG emissions generated fr om storage tanks
or from the fueling process. This may have likely led to an under-estimation of the Proposed Project’s
operational air quality impacts. It is important to note that while CalEEMod quantifies mobile source
emissions (e.g., trip visits by patrons) associated with operating a gasoline service station, CalEEMod
does not quantify the operational stationary source emissions from the storage tanks and fueling
equipment. Therefore, it is recommended that the Lead Agency use its best efforts to quantify and
disclose operational emissions from the fueling process in the Final MND.
Response to Comment 2
The comment above states that "the Air Quality Analysis did not include emissions generated from the
operation of the gasoline service station (CalEEMod does not quantify emissions from storage tanks or
from the fueling process)". As shown in Appendix A and B of the AQ/GHG, the air quality impacts from
both the construction and the operation of the gas station (part of the convenience market) were
analyzed via the land use of Convenience Market With Gas Pumps, using the size and metric of 16 gas
pumps respectively. Emissions from the dispensing of gasoline from the gas pumps were not analyzed
as the gas station is subject to SCAQMD permitting requirements (as detailed above) and SCAQMD
Rule 461. Furthermore, according to the ARB’s Attachment 1: Revised Emission Factors for Phase II
Vehicle Fueling at California Gasoline Dispensing Facilities (12/23/2013), indicates that Phase II EVR
(enhanced vapor recovery) systems have an average efficiency of 95.1% (Table II-3). The referenced
document is located in Appendix A.
According to the ARB’s: Revised Emission Factors for Gasoline Marketing Operations at California
Gasoline Dispensing Facilities (12/23/2013), indicates that Phase I EVR systems have an average
efficiency of 98% (page 3. 2nd paragraph). The referenced document is located in Appendix B.
As stated within the referenced ARB documents, both Phase I and Phase II EVR systems have a
minimum 95.1% efficiency at capturing emissions. Emission inventory is based upon two (2) factors:
8.4 lbs of TOG per thousand gallons dispensed (lbs/kgal) and 0.74 lbs/kgal for Gasoline Dispensing
Facilities with Phase II pre-EVR vapor recovery.
These factors are based upon pre-EVR vapor recovery systems. Assuming a 95% vapor recovery rate,
the majority of the emissions would be captured and the additional VOCs that would potentially
escape these mandatory recovery systems is anticipated to be relatively small. To fully understand the
emissions, the estimated number of gallons per year would need to be provided. Per Table 1 0 from
the AQ/GHG report, the project’s operational VOC emissions are 8.77 lbs/day. Even if an additional 8.4
lbs/day (the uncontrolled [no ORVR or phase II] vehicle fueling emission factor for each 1,000 gallons
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Packet Pg. 320 Attachment: Attachment 27 - Response to SCAQMD (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-
San Jacinto Commonwealth Development
Air Quality and Greenhouse Gas Impact Study
Response to Comments – Memo#1
JN:0144-13-1702_Memo#1 3
pumped) were added to the project’s operational VOC emissions), the emissions would still be well
below the SCAQMD’s operational threshold of significance of 55 lbs per day for VOC. The vehicle
fueling emissions factor with ORVR and Phase II EVR in place is 0.021 lbs per thousand gallons. Both
ORVR and Phase II EVRs are required per regulation in California and the gas pumps at the project site
would have to pump over a million gallons of fuel per day to exceed the daily VOC threshold.
Therefore, no additional analysis or mitigation is required.
Comment 3
Health Risk Assessment
The Proposed Project would be sited in close proximity to existing residential uses. Benzene, which is a
toxic air contaminant, may be emitted from the Proposed Project’s gasoline refueling operations.
SCAQMD staff is concerned about the potential health impacts on the residents from being exposed to
benzene. As such, it is recommended that the Lead Agency evaluate, quantify, and perform a health
risk assessment for the Proposed Project in the Final MND. Guidance for performing a gasoline
dispensing station health risk assessment can be found in the SCAQMD’s Emission Inventory and Risk
Assessment Guidelines for Gasoline Dispensing Stations.
Response to Comment 3
No gas station analysis was even warranted as the closest sensitive receptor to the fuel pumps (or even
the gas station canopy) is over 280 feet (86 meters) from any source of potential gasoline or diesel
fumes. See attached PDF of SJ Commons Site Plan overlaid on Google Earth (see Appendix C).
By SCAQMD's own admission in their comment above, CARB (and CAPCOA) recommend a 50 foot
separation between gas stations and sensitive receptors; therefore, the 280 foot separation should be
more than adequate. Furthermore, the attached (Appendix D) SCAQMD gasoline station HRA screening
tables show that the MICR at residential receptors 75 meters from the fuel source would not even
exceed 1 in a million (assuming that this is a regular gas station where the throughput would not
exceed 1,000,000 gallons per year; which is a reasonable assumption given the size of the project and
number of pumps).
Comment 4
Guidance Regarding Gasoline Dispensing Facilities Sited Near Sensitive Receptors
SCAQMD staff recognizes that there are many factors Lead Agencies must consider when making local
planning and land use decisions. To facilitate stronger collaboration between Lead Agencies and
SCAQMD to reduce community exposure to source-specific and cumulative air pollution impacts,
SCAQMD adopted the Guidance Document for Addressing Air Quality Issues in General Plans and Local
Planning in 2005. Additionally, it is recommended that a 50 -foot separation between a gasoline
dispensing facility and sensitive land uses (e.g., residential uses). SCAQMD staff recommends that the
Lead Agency review and consider these guidance when making local planning and land use decisions.
4.1.y
Packet Pg. 321 Attachment: Attachment 27 - Response to SCAQMD (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-
San Jacinto Commonwealth Development
Air Quality and Greenhouse Gas Impact Study
Response to Comments – Memo#1
JN:0144-13-1702_Memo#1 4
Response to Comment 4
There is at least a 280-foot separation between the gas station and the closest sensitive receptor. See
response to Comment 3 above.
MD is pleased to provide this response to comments (Memo#1) to SCAQMD’s comments. If you have
any questions call our office at (805) 426-4477.
Sincerely,
MD Acoustics, LLC
Mike Dickerson, INCE
Principal
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Packet Pg. 322 Attachment: Attachment 27 - Response to SCAQMD (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-
San Jacinto Commonwealth Development
Air Quality and Greenhouse Gas Impact Study
Response to Comments – Memo#1
JN:0144-13-1702_Memo#1
Appendix A
Revised Emission Factors for Phase II Vehicle Fueling at
California Gasoline Dispensing Facilities
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Monitoring and Laboratory Division
Attachment 1:
Revised Emission Factors for Phase II Vehicle Fueling at
California Gasoline Dispensing Facilities
December 23, 2013
This report has been reviewed by the staff of the California Air Resources Board and
approved for publication. Approval does not signify that the contents necessarily reflect
the views and policies of the Air Resources Board, nor does the mention of trade names
or commercial products constitute endorsement or recommendation for use.
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Table of Contents
Page
I. INTRODUCTION 1
II. METHODOLOGY - REVISED VEHICLE REFUELING 2
EMISSION FACTORS
III. REFERENCES 8
List of Tables
Table I-1: Current and Revised Vehicle Refueling Emission Factors 1
Table I-2: Percent Gasoline Dispensed to ORVR Vehicles in California 2
Table II-1: Vapor Recovery Emission Test Results for Summer RVP Fuel 4
Vehicle Fueling UEF
Table II-2: Vapor Recovery Emission Test Results for Winter RVP Fuel 4
Vehicle Fueling UEF
Table II-3: Phase II EVR In-use Efficiency Test Results 6
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1
I. INTRODUCTION
Vehicle fueling emissions occur when gasoline vapors are displaced by rising liquid in
the vehicle fuel tank during gasoline dispensing. These vapors are adsorbed in a
carbon canister installed on vehicles equipped with an on board refueling vapor
recovery system (ORVR). When fueling non-ORVR vehicles, these vapors can be
collected by a Phase II vapor recovery system and returned to the gasoline dispensing
facility (GDF) storage tank. Without a Phase II vapor recovery system, the vapors
displaced from fueling non-ORVR vehicles are uncontrolled and released to the
atmosphere.
The current Air Resources Board (ARB) total organic gases (TOG) emission factors for
GDFs, in use since May 1999, do not reflect improvements in Phase II vapor recovery
system performance achieved by ARB’s enhanced vapor recovery (EVR) program or
the widespread penetration of ORVR in the vehicle fleet. Therefore, the current GDF
emission factors for uncontrolled and controlled gasoline dispensing are representative
of non-ORVR vehicles only. ARB staff has conducted field tests, literature research,
and data analyses to account for these advances, resulting in the proposed revisions to
the vehicle fueling emission factors presented in Table I-1 below.
Table I-1
Current and Revised Vehicle Fueling Emission Factors (lbs/kgal)
Category Emission Factors
Current Revised
Uncontrolled Emission Factor (No ORVR, No Phase II) 8.4 8.4
ORVR without Phase II NA 0.42
ORVR with Phase II pre-EVR NA 0.12
ORVR with Phase II EVR NA 0.021
No ORVR with Phase II pre-EVR 0.74 2.4
No ORVR with Phase II EVR NA 0.42
As shown in Table I-1, ARB’s current vehicle fueling emissions inventory is based on
two emission factors: 8.4 pounds of TOG per thousand gallons dispensed (lbs/kgal) for
GDFs with uncontrolled vehicle fueling and 0.74 lbs/kgal for GDFs with Phase II pre-
EVR vapor recovery. ARB’s test results suggest that the uncontrolled emission factor
(UEF) remains unchanged, but new or revised emission factors are needed to account
for various levels of control efficiency resulting from different combinations of Phase II
vapor recovery systems and ORVR technology, as well as improved Phase II vapor
recovery system performance from implementation of ARB’s EVR program.
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ARB estimates that approximately 74 percent of the gasoline sold in California in 2013
will be dispensed to ORVR vehicles. With the current regulatory requirements for
Phase II vapor recovery systems remaining in place, there will be a continuing decline in
vehicle fueling emissions as the volume of fuel dispensed to ORVR vehicles increases.
Table I-2 projects the gasoline fraction expected to be dispensed statewide to ORVR
vehicles in calendar years 2013 through 2028 based on ARB’s model for on-road
mobile sources (EMFAC2011).
Table I-2
Percent Gasoline Dispensed to ORVR Vehicles in California
Calendar
Year
Gasoline Dispensed to
ORVR Vehicles
(%)
Calendar
Year
Gasoline Dispensed to
ORVR Vehicles
(%)
2013 74 2021 88
2014 76 2022 88
2015 78 2023 89
2016 80 2024 90
2017 82 2025 91
2018 83 2026 91
2019 85 2027 92
2020 87 2028 93
II. METHODOLOGY - REVISED VEHICLE FUELING EMISSION FACTORS
The method used to develop the revised vehicle fueling emission factors consists of
determining an uncontrolled vehicle fueling emission factor (UEF) and then applying
control efficiency (CE) factors that are representative of each possible combination of
vapor recovery control technologies. For example, the combined CE when both ORVR
and Phase II vapor recovery systems are in use is calculated as:
ORVR with Phase II = 1 - (1 - ORVR CE) * (1 - Phase II CE)
DETERMINATION OF UEF
Vehicle Fueling UEF
The vehicle fueling UEF was determined from field data collected by ARB staff during
various Phase II vapor recovery system efficiency tests. The tests were performed
using the equipment and procedures specified in the version of ARB Vapor Recovery
Test Procedure TP-201.2, Efficiency and Emission Factor for Phase II Systems in effect
at the time each test was performed.
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All fueling events used for the determination of the UEF were conducted on non-ORVR
vehicles. To minimize any bias introduced by the fueling of ORVR vehicles, only data
from non-ORVR vehicles for which the preceding test vehicle was also a non-ORVR
vehicle were used. (This was necessary because fueling an ORVR vehicle reduces the
vapor concentration at the vapor return line sampling location, which causes a low bias
in the vapor return mass for a subsequent fueling, even of a non-ORVR vehicle.)
Data used to calculate the vehicle fueling UEF are presented in Table II-1 and
Table II-2. Table II-1 summarizes data from eight tests used to calculate the vehicle
fueling UEF for summer RVP fuel. Seven tests consisted of Phase II vapor recovery
system efficiency tests in which 6,350 gallons of gasoline were dispensed to non-ORVR
vehicles. The remaining test was an uncontrolled vehicle fueling emissions test in
which 62 gallons of gasoline were dispensed to six non-ORVR vehicles at a GDF
without Phase II vapor recovery. The average vehicle fueling UEF for summer RVP fuel
determined from the eight tests is 7.65 lbs/kgal.
Table II-2 summarizes data from the three tests used to calculate the vehicle fueling
UEF for winter RVP fuel. In the first test, 1065 gallons of gasoline were dispensed to
101 non-ORVR vehicles at a GDF equipped with a Phase II vapor recovery system.
The second test was an uncontrolled vehicle fueling emissions test performed by
dispensing 460 gallons of gasoline to 41 non-ORVR vehicles at a GDF with a disabled
Phase II vapor recovery system. The third test was an uncontrolled vehicle fueling
emissions test performed by dispensing 116 gallons of gasoline to 10 non-ORVR
vehicles at a GDF without Phase II vapor recovery. The average vehicle fueling UEF for
winter RVP fuel determined from the three tests is 9.50 lbs/kgal.
The annual vehicle fueling UEF is calculated by weighting the average summer and
winter RVP fuel UEFs for statewide gasoline throughput during the respective summer
and winter periods. The California State Board of Equalization (BOE) reported
approximately 14.51 billion gallons of gasoline were dispensed statewide to motor
vehicles in 2012.1 Of the total, approximately 8.59 billion gallons, or 59.2 percent, of
gasoline was dispensed during the April through October summer RVP fuel period. The
remaining 5.92 billion gallons, or 40.8 percent, was dispensed during the January
through March and November through December winter RVP fuel periods. Based on
the BOE throughput data, the vehicle fueling UEF, weighted for seasonal variation in
statewide gasoline throughput, is calculated using the following equation:
Vehicle Fueling UEF = Summer Fuel UEF*(59.2%) + Winter Fuel UEF*(40.8%)
= 7.65 lbs/kgal*(0.592) + 9.50 lbs/kgal*(0.408)
= 8.4 lbs/kgal
Based on ARB test results, the average annual vehicle fueling UEF is 8.4 lbs/kgal,
which equals the UEF estimated in the previous methodology.
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Table II-1
Vapor Recovery Emission Test Results for Summer RVP Fuel Vehicle Fueling UEF
Vapor
Recovery
System
Purpose of
Test Location Date File
Number
Number of
Fuelings
Gallons
Dispensed
Vapor
Mass
(lbsx1000)
UEF
(lbs/kgal)
Hirt Certification Sacramento Apr 1996 2000 ISOR 100 679 4535 6.68
Catlow Certification Sacramento Sep 1996 2000 ISOR 100 842 6732 8.00
Healy Certification Sacramento Sep 1996 2000 ISOR 100 939 6914 7.36
Hasstech Certification Sacramento Aug 1997 2000 ISOR 100 1012 9509 9.40
Healy Certification Sacramento Jun 1998 2000 ISOR 100 886 5712 6.45
Saber Certification Sacramento Apr 1999 2000 ISOR 100 981 6465 6.59
OPW Certification Sacramento Jul 1999 2000 ISOR 100 1012 8836 8.73
No Phase II Research San Jose July 2007 ST-08-12 6 61.6 354.4 5.75
Overall Summer RVP Fuel Results: 6412.6 49057 7.65
Note:
2000 ISOR – Initial Statement of Reasons for Proposed Amendments to the Vapor Recovery Certification and Test
Procedures for Gasoline Loading and Motor Vehicle Refueling at Service Stations Table V-II, page 93.
Table II-2
Vapor Recovery Emission Test Results for Winter RVP Fuel Vehicle Fueling UEF
Vapor
Recovery
System
Purpose of
Test Location Date File Number Number of
Fuelings
Gallons
Dispensed
Vapor
Mass
(lbsx1000)
UEF
(lbs/kgal)
Healy Certification Folsom Nov 1997 VOC Testing 101 1065.3 10091.5 9.47
Disabled Research Sacramento Dec 1999 ST-99-50 41 459.7 4438.4 9.65
No Phase II Research San Jose Dec 2007 ST-08-13 10 115.8 1065.6 9.20
Overall Winter RVP Fuel Results: 1640.8 15595.5 9.50
Note:
VOC Testing – Phase II vapor recovery efficiency test performed by VOC Testing, an ARB certified independent tester.
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DETERMINIATION OF CE
ORVR CE
The revised vehicle fueling emission factors assume 95 percent in-use CE for ORVR
systems, based on the ORVR certification performance standard of 95 percent.
U.S. Environmental Protection Agency (U.S. EPA) test data suggests greater than 95
percent in-use CE for ORVR systems.2, 3 However, U.S. EPA tests were performed on
ORVR vehicles less than three model years old. Because data on longer-term
efficiency of ORVR systems were not presented, ARB staff determined that the 95
percent certification performance standard represents the most conservative in-use CE
for ORVR vehicles.
Phase II Pre-EVR CE
The revised vehicle refueling emission factors assume 71 percent in-use CE for
Phase II pre-EVR systems, based primarily on results from a study conducted in 2000
by the San Diego County Air Pollution Control District (SDCAPCD) and data provided
by the South Coast Air Quality Management District (SCAQMD).
Phase II pre-EVR systems are required to achieve at least 95 percent efficiency during
certification testing. However, the SDCAPCD study found that in-use Phase II pre-EVR
balance systems were prone to malfunctions (e.g., hose blockages, nozzle faceplate
gaps, and dispenser leaks) that resulted in a lower in-use control efficiency of
approximately 70 percent, with 11 percent of the nozzles experiencing full system
failure.4
Data provided by the South Coast Air Quality Management District (SCAQMD) shows
that, as of 2006 (prior to the upgrade to Phase II EVR) about 92 percent of Phase II pre-
EVR systems were balance systems and 8 percent were assist systems.5 To calculate
the in-use CE of assist systems, ARB staff assumed that assist nozzles experience
complete failure at the same rate (11 percent) reported for balance systems in the
SDCAPCD report referenced above. However, assist systems, based on the way they
operate are not expected to experience partial failures as reported for balance systems.
Therefore, 11 percent of Phase II pre-EVR assist systems were assumed to have 0
percent efficiency due to an equipment failure such as a failed vapor pump, or a
complete blockage in the vapor return line. The efficiency of the remaining 89 percent
of assist systems was assumed to be 95 percent. Based on the SDCAPCD and
SCAQMD data, and the stated assumptions for Phase II pre-EVR assist systems, the
Phase II pre-EVR CE is calculated using the following equation:
Phase II Pre-EVR CE = 0.92 * (Balance CE) + 0.08 (0.89 * Assist CE)
= 0.92 * 70% + 0.08 * 0.89 * 95% = 71%
Phase II EVR CE
The revised vehicle fueling emission factors assume 95 percent in-use CE for Phase II
EVR systems, based on both the certification performance standard of 95 percent and
the results from thirteen separate in-use efficiency tests of Phase II EVR assist systems.
Approximately 70 percent of Phase II EVR systems installed at California GDFs are
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assist systems. Phase II EVR in-use efficiency data was collected using the equipment
and procedures referenced in the version of ARB Vapor Recovery Test Procedure TP-
201.2, Efficiency and Emission Factor for Phase II Systems, in effect at the time each
test was performed. The thirteen efficiency tests represent 221 non-ORVR vehicle
fueling events.
Table II-3 summarizes results from the thirteen in-use efficiency tests of Phase II EVR
assist Systems. The tests determined an average in-use efficiency of 95.1 percent for
221 non-ORVR fueling events. In addition, GDFs with Phase II EVR and throughputs
above 600,000 gallons per year are required to install ARB certified in-station diagnostic
(ISD) systems designed to alert GDF operators when critical parameters that affect
efficiency do not comply with ISD performance criteria. If the operator ignores ISD
warning alarms, ISD will suspend fueling. This requirement helps ensure a high level of
emissions control for Phase II EVR systems and supports the assumption of a 95
percent overall CE.
Table II-3
Phase II EVR In-Use Efficiency Test Results
Test Site Date
Non-ORVR
Vehicle Fueling
Events
Phase II EVR Efficiency
Arco Fruitridge 12/15/2008 13 93.2%
Arco Fruitridge 12/16/2008 15 91.2%
Arco Fruitridge 12/17/2008 16 91.0%
Arco Fruitridge 12/17/2008 11 97.2%
Arco Northgate 1/5/2009 15 91.7%
Arco Northgate 1/6/2009 15 95.8%
Arco Northgate 1/6/2009 15 97.8%
Arco Northgate 1/8/2009 15 98.5%
Arco Northgate 1/8/2009 16 95.2%
Arco North
1/26/2010 25 94.2%
Arco Harbour
3/9/2010 22 98.2%
Arco North
7/12/2010 21 95.8%
Arco Harbour
9/27/2010 22 96.8%
Total Test
Events: 221
Average Efficiency:
95.1%
DETERMINATION OF EMISSION FACTORS
ORVR without Phase II Vapor Recovery Emission Factor
The revised emission factor for fueling ORVR vehicles at GDFs without Phase II vapor
recovery systems is calculated from the UEF and ORVR CE using the following
equation:
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ORVR w/o Phase II = UEF * (1 - ORVR CE)
= 8.4 lbs/kgal * (1 - 0.95) = 0.42 lbs/kgal
ORVR with Phase II pre-EVR Emission Factor
The revised emission factor for fueling ORVR vehicles at GDFs with Phase II pre-EVR
systems is calculated from the UEF, ORVR CE, and Phase II pre-EVR CE using the
following equation:
ORVR w/ Phase II EVR = UEF * (1 - ORVR CE) * (1 - Phase II pre-EVR CE)
= 8.4 lbs/kgal * (1 - 0.95) * (1 - 0.71) = 0.12 lbs/kgal
ORVR with Phase II EVR Emission Factor
The revised emission factor for fueling ORVR vehicles at GDFs with Phase II EVR
systems is calculated from the UEF, ORVR CE, and Phase II EVR CE using the
following equation:
ORVR w/ Phase II EVR = UEF * (1 - ORVR CE) * (1 - Phase II EVR CE)
= 8.4 lbs/kgal * (1 - 0.95) * (1 - 0.95) = 0.021 lbs/kgal
Non-ORVR with Phase II pre-EVR Emission Factor
The revised emission factor for fueling non-ORVR vehicles at GDFs with Phase II pre-
EVR systems is calculated from the UEF and Phase II pre-EVR CE using the following
equation:
Non-ORVR w/ Phase II pre-EVR = UEF * (1 - Phase II pre-EVR CE)
= 8.4 lbs/kgal * (1 - 0.71) = 2.4 lbs/kgal
Non-ORVR with Phase II EVR Emission Factor
The revised emission factor for fueling non-ORVR vehicles at GDFs with Phase II EVR
systems is calculated from the UEF and Phase II EVR CE using the following equation:
Non-ORVR w/ Phase II EVR = UEF * (1 - Phase EVR II CE)
= 8.4 lbs/kgal * (1 - 0.95) = 0.42 lbs/kgal
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III. REFERENCES
1. California State Board of Equalization Fuel Taxes and Statistics Report-2012.
http://www.boe.ca.gov/sptaxprog/spftrpts12.htm
2. SHED test data for 337 2004-2005 model vehicles is available from David Good,
U.S. EPA Office of Air and Radiation, Office of Transportation and Air Quality,
Compliance Information Systems.
3. NESCAUM Report – Onboard Refueling Vapor Recovery Systems Analysis of
Widespread Use, pages 9-10, Skelton and Rector, 8/20/2007.
4. Barnard R. McEntire, Performance of Balance Vapor Recovery Systems at
Gasoline Dispensing Facilities, San Diego Air Pollution Control District,
May 18, 2000.
5. Data on 2006 Balance/Assist Split for Pre-EVR systems provided to Frances
Cameron by South Coast Air Quality Management District Staff
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San Jacinto Commonwealth Development
Air Quality and Greenhouse Gas Impact Study
Response to Comments – Memo#1
JN:0144-13-1702_Memo#1
Appendix B
Revised Emission Factors for Gasoline Marketing Operations at
California Gasoline Dispensing Facilities
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Monitoring and Laboratory Division
Revised Emission Factors for Gasoline Marketing
Operations at California Gasoline Dispensing Facilities
December 23, 2013
This report has been reviewed by the staff of the California Air Resources Board and
approved for publication. Approval does not signify that the contents necessarily reflect
the views and policies of the Air Resources Board, nor does the mention of trade names
or commercial products constitute endorsement or recommendation for use.
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i
ACKNOWLEDGEMENTS
The author wishes to acknowledge the contributions by Gurjeet Bains, Frances
Cameron, Basharat Iqbal, John Marconi, Jason McPhee and Frederick Medina, of the
Air Resources Board Monitoring and Laboratory Division, in developing the emission
factors presented in this proposal. In addition, thanks to Manjit Ahuja, Ranjit Bhullar,
Cynthia Castronovo and George Lew for their editorial and technical review of the draft
document.
The author also wishes to give special acknowledgement to Gabriel Ruiz of the Air
Resources Board Air Quality Planning and Science Division for his significant
contributions in the review and editing of the draft emission factor document.
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Table of Contents
Page
I. EXECUTIVE SUMMARY 1
II. INTRODUCTION 3
III. PHASE II FUELING - NON-ORVR AND ORVR VEHICLES 5
IV. PHASE I BULK TRANSFER LOSSES 7
V. PRESSURE DRIVEN LOSSES 9
VI. PHASE II FUELING – SPILLAGE 10
VII. GASOLINE DISPENSING HOSE PERMEATION 11
VIII. CONCLUSIONS 13
IX. REFERENCES 15
List of Tables
Table I-I: Current and Revised TOG Emission Factors for Gasoline 2
Dispensing Facilities
Table III-I: Current and Revised TOG Emission Factors for Vehicle 6
Refueling Emissions at Gasoline Dispensing Facilities
Table IV-I: Current and Revised TOG Emission Factors for Phase I 8
Transfer Emissions at Gasoline Dispensing Facilities
Table V-I: Current and Revised TOG Emission Factors for Pressure 9
Driven Emissions from Gasoline Dispensing Facilities
Table VI-I: Current and Revised TOG Emission Factors for Gasoline 11
Spillage at Gasoline Dispensing Facilities
Table VII-I: Year 2013 and 2017 Hose Permeation TOG Emission Factors 13
for Gasoline Dispensing Facilities
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Table of Contents (cont.)
List of Figures
Figure II-I: Phase I, Phase II and Onboard Vapor Recovery Systems 3
Figure VII-I: Cutaways of Vapor Recovery GDF Hose Assemblies Showing 12
Vapor and Liquid Paths
Attachments
Attachment 1: Revised Emission Factors for Phase II Vehicle Fueling at California
Gasoline Dispensing Facilities
Attachment 2: Revised Emission Factors for Phase I Gasoline Bulk Transfer at
California Gasoline Dispensing Facilities
Attachment 3: Revised Emission Factors for Pressure Driven Emissions at
California Gasoline Dispensing Facilities
Attachment 4: Revised Emission Factors for Gasoline Spillage at California
Gasoline Dispensing Facilities
Attachment 5: Proposed Emission Factors for Gasoline Dispensing Hose
Permeation at California Gasoline Dispensing Facilities
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I. EXECUTIVE SUMMARY
Gasoline marketing operations in California presently distribute approximately 15 billion
gallons of gasoline per year1 to motor vehicles, fuel containers, and gasoline-powered
equipment. Hydrocarbon emissions, which are ozone precursors, can occur at several
points during transfer, storage, or vehicle refueling as gasoline vapors are displaced
from underground storage tanks (UST) or from vehicle fuel tanks.
Vapor recovery systems are used to control emissions from California gasoline
dispensing facilities (GDF). Phase I vapor recovery systems collect vapors displaced
from an UST when a cargo tank truck delivers gasoline to a GDF. Phase II vapor
recovery systems collect vapors displaced during storage or dispensing of gasoline.
The Phase I and Phase II systems at a GDF work in combination with vapor recovery
systems in vehicles and at gasoline loading terminals to control approximately 370 tons
per day of hydrocarbon emissions2 from California gasoline marketing operations.
The Air Resources Board (ARB) is in the process of updating the emissions inventory
for GDFs. This category is currently composed of four subcategories associated with
gasoline storage and transfer operations from cargo tank trucks to GDFs and from
GDFs to vehicles, fuel containers, and gasoline-powered equipment.
Total organic gas (TOG) emission factors for the four current GDF marketing
subcategories were adopted in May 1999 and do not account for advances in vapor
recovery system performance achieved through implementation of ARB’s enhanced
vapor recovery (EVR) program; nor do they reflect the interaction between vapor
recovery systems installed at California GDFs and vehicles equipped with onboard
refueling vapor recovery (ORVR). Approximately 74 percent of gasoline dispensed
statewide in 2013 will be to ORVR vehicles. Therefore, the purpose of this document is
to present revised emission factors for four current gasoline marketing subcategories
and two new subcategories developed since 1999.
Current subcategories:
i. Phase II Fueling - Non-ORVR Vehicles
ii. Phase I Transfer Losses
iii. Pressure Driven Losses
iv. Phase II Fueling - Spillage
New subcategories:
v. Phase II Fueling - ORVR Vehicles
vi. Gasoline Dispensing Hose Permeation
This document describes the methodologies used to develop new or revised emission
factors for the six GDF subcategories. The revised TOG emission factors are presented
in Table I-I, along with the emission factors currently in use. The emission factors are
segregated into three tiers, each representing varying degrees of vapor recovery
equipment control: no vapor recovery system, or uncontrolled emission factor (UEF);
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Phase I and Phase II vapor recovery systems predating enhanced vapor recovery (Pre-
EVR); and enhanced Phase I and Phase II vapor recovery systems (EVR).
Table I-I
Current and Revised TOG Emission Factors for Gasoline Dispensing Facilities
Sub Category
Currenta (lbs/kgal)b Revised (lbs/kgal)b
UEF Pre-EVR UEF Pre-EVR EVR
Phase II Fueling
Non-ORVR Vehicles 8.4 0.74 8.4 2.4 0.42
ORVR Vehicles NA NA 0.42 0.12 0.021
Phase I Bulk Transfer Losses 8.4 0.42 7.7 0.38 0.15
Pressure Driven Losses 0.84 0.1 0.76 0.092 0.024
Phase II Fueling - Spillage 0.64 0.42 0.61 0.42 0.24
Gasoline Dispensing Hose
Permeation
Year 2013 NA NA 0.062 0.062 0.062
Year 2017 NA NA 0.009 0.009 0.009
Notes:
a Current emission factors adopted May 1999, and predate EVR.
b Pounds TOG emitted per thousand gallons dispensed or transferred.
UEF - Uncontrolled emission factor. No Phase I vapor recovery system for bulk
transfer emissions, no Phase II vapor recovery system for all other
subcategories.
Pre-EVR - Phase I pre-EVR system for bulk transfer emissions, Phase II pre-EVR
system for all other subcategories.
EVR - Phase I EVR system for bulk transfer emissions,
Phase II EVR system for all other subcategories.
NA - No current applicable emission factor.
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II. INTRODUCTION:
Vapor recovery systems are installed at GDFs to collect gasoline vapors that would
otherwise escape into the atmosphere. Gasoline vapor emissions at GDFs are
controlled in two phases. Phase I vapor recovery collects vapors displaced from an
UST when a cargo tank truck delivers gasoline to a GDF. Phase II vapor recovery
collects vapors displaced during the transfer of gasoline from a GDF to a vehicle, fuel
container, or gasoline-powered equipment; and the storage of gasoline at a GDF.
ARB regulations establish standards for the level of emissions control vapor recovery
systems must achieve during the transfer and storage of gasoline. All vapor recovery
systems must undergo certification tests to demonstrate compliance with
performance standards before they can be sold, offered for sale, or installed in
California. Figure II-1 illustrates the interaction between Phase I, Phase II and
onboard vapor recovery systems.
Figure II-I: Phase I, Phase II and Onboard Vapor Recovery Systems
Vapor recovery system performance standards for GDFs have become more
stringent over the years. Since 2001, ARB has adopted a number of significant
advancements as part of the EVR program. Phase I EVR requires more durable and
leak-tight components, along with an increased collection efficiency of 98 percent.
Phase II EVR includes three major advancements: (1) dispensing nozzles with less
spillage and required compatibility with ORVR vehicles, (2) a processor to control the
static pressure of the ullage, or vapor space, in the underground storage tank, and
(3) an in-station diagnostic (ISD) system that provides warning alarms to alert a GDF
operator of potential vapor recovery system malfunctions. Phase I EVR was fully
implemented in 2005. Phase II EVR was fully implemented between 2009 and 2011.
Only existing GDFs in areas that are designated attainment for the State ozone
standard are exempt from Phase I and Phase II EVR requirements. Additionally,
ARB’s air toxic control measure for benzene requires retail GDFs to install Phase I
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and Phase II systems at all GDFs except those which: (1) dispense from or transfer
gasoline to a storage tank with a capacity less than 260 gallons, (2) dispense
gasoline to implements of animal husbandry; or (3) only dispense to vehicles with fuel
tanks less than 5 gallons capacity.
The current emission inventory category for gasoline marketing and retailing consists of
four subcategories that include processes associated with storage and fuel transfer
operations from cargo tank trucks to GDFs and from GDFs to vehicles, fuel containers,
and gasoline-powered equipment. The current emission factors have been in effect
since May 1999 and do not account for advances in vapor recovery system
performance achieved through implementation of ARB’s EVR program; nor do they
address the interaction between GDF vapor recovery systems and ORVR vehicles.
This document presents updated emission factors for the four current subcategories,
and two new subcategories addressing ORVR vehicle refueling and gasoline dispensing
hose permeation emissions. The processes that generate emissions in the six
subcategories are described below:
Current subcategories:
i. Phase II Fueling - Non-ORVR Vehicles: When dispensing gasoline to vehicles
not equipped with ORVR, the rising liquid level in the vehicle fuel tank
displaces gasoline vapors back through the fill-pipe where they are captured
by a Phase II vapor recovery system. Vapors not captured by the Phase II
vapor recovery system are emitted to the atmosphere.
ii. Phase I Bulk Transfer Losses: During transfer of gasoline from cargo tank trucks
to a GDF UST, emissions are generated when gasoline vapors in an UST are
displaced to the atmosphere by the rising level of the gasoline being loaded into
an UST. Emissions are controlled with a Phase I vapor recovery system.
iii. Pressure Driven (Breathing) Losses: Emissions are generated when gasoline
vapors are displaced to the atmosphere during the day to day operation of a
given GDF. During periods when there is either no dispensing or when there is
a significant slowdown in the dispensing of fuel to vehicles, such as overnight
periods, gasoline in an UST evaporates into the headspace above the liquid fuel.
The vapor growth caused by this evaporation increases UST static pressure and
results in pressure driven emissions. Pressure driven emissions are currently
controlled by a processing unit that includes either a bladder tank, membrane
separator, carbon canister or thermal oxidizer.
iv. Phase II Fueling - Spillage: Emissions are generated from dispensing nozzle
spillage of liquid gasoline during the act of vehicle fueling, including pre-
fueling, fueling and post-fueling spillage.
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New subcategories:
v. Phase II Fueling - ORVR Vehicles: These emissions occur at the vehicle fill-
pipe during dispensing of gasoline to ORVR vehicles. ORVR systems were
phased in beginning with 1998 model year passenger vehicles, and are now
installed on all passenger, light-duty, and medium-duty vehicles manufactured
since the 2006 model year. When an ORVR vehicle is fueled, almost all the
gasoline vapor displaced from the fuel tank is routed to a carbon canister in
the vehicle fuel system. At the start of dispensing, a small portion of the vapor
in the vehicle fuel tank may escape through the fill-pipe before the onboard
system is fully engaged. Uncontrolled fill-pipe emissions from ORVR vehicles
are approximately two orders of magnitude lower than the same emissions
from vehicles without ORVR, and are easily captured by Phase II vapor
recovery systems.
vi. Gasoline Dispensing Hose Permeation: These emissions are caused by the
migration of liquid gasoline through the outer GDF hose material and to the
atmosphere through permeation. This condition primarily occurs at GDFs
equipped with vacuum assist Phase II vapor recovery systems or no Phase II
vapor recovery system.
The following sections present new or revised emission factors for the four current and
two new subcategories identified above. The GDF emission factors are segregated into
three tiers, each representing varying degrees of vapor recovery control equipment:
uncontrolled (UEF), pre-EVR, and EVR.
This document also includes attachments detailing the methodologies and identifying
references used to derive the revised emission factors for each GDF subcategory. All
revised emission factors are based on test data collected by ARB staff, using
established ARB test procedures when applicable.
III. PHASE II FUELING - NON-ORVR AND ORVR VEHICLES
Vehicle fueling emissions occur when gasoline vapors are displaced by rising liquid in
the vehicle fuel tank during gasoline dispensing. These vapors are adsorbed in a
carbon canister installed on ORVR vehicles. When fueling non-ORVR vehicles, these
vapors can be collected by a Phase II vapor recovery system and returned to a GDF
storage tank. Without a Phase II vapor recovery system, the vapors displaced from
fueling non-ORVR vehicles are uncontrolled and released to the atmosphere.
The current TOG emission factors for vehicle fueling predate the conversion to EVR
systems, and do not account for the introduction of ORVR vehicles to California’s motor
vehicle fleet. Therefore, the current vehicle refueling emission factors are
representative of non-ORVR vehicles only. Current and proposed vehicle fueling
emission factors are presented in Table III-1 below.
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Table III-I
Current and Revised TOG Emission Factors for Vehicle Fueling Emissions at
Gasoline Dispensing Facilities
Vehicle Category
Current (lbs/kgal) Revised (lbs/kgal)
UEF Pre-EVR UEF Pre-EVR EVR
Non-ORVR Vehicles 8.4 0.74 8.4 2.4 0.42
ORVR Vehicles N/A N/A 0.42 0.12 0.021
The method used to develop the revised vehicle fueling emission factors consists of
determining an UEF and then applying control efficiency (CE) factors that are
representative of in-use ORVR and Phase II vapor recovery systems, resulting in
controlled emission factors for each possible combination of fuel dispensing systems,
ORVR vehicles, and non-ORVR vehicles.
The revised UEF for non-ORVR vehicle fueling was determined from vapor recovery
certification tests performed by ARB staff and independent contractors, using ARB
Vapor Recovery Test Procedure TP-201.2, Efficiency and Emission Factor for Phase II
Systems.3 In addition to vapor recovery certification testing, ARB staff has also
performed tests of uncontrolled vehicle fueling at a GDF without a Phase II vapor
recovery system, and at a GDF with a disabled Phase II vapor recovery system. The
ARB test results determined the non-ORVR vehicle fueling UEF as 8.4 lbs/kgal, which
agrees with and validates the current emission factor.
The revised UEF for ORVR vehicles was calculated as 0.42 lbs/kgal based on the non-
ORVR vehicle fueling UEF of 8.4 lbs/kgal and 95 percent control efficiency required for
certification of ORVR systems. Test data from a U.S. Environmental Protection Agency
study4, 5 suggest in-use efficiency greater than 95 percent. However, since the tests
were performed on vehicles that were less than three model years old, ARB staff
determined that the certification standard would represent the most conservative
approach because an evaluation of the long term performance of the ORVR systems
was not possible.
Phase II pre-EVR in-use control efficiency is estimated at 71 percent, based on results
presented in two studies by local air districts in California. The first, performed by San
Diego County Air Pollution Control District (SDCAPCD) in 2000,6 concluded that pre-
EVR balance systems experienced equipment defects at levels resulting in an
estimated 70 percent collection efficiency (with complete failure about 11percent of the
time). The second, performed by South Coast Air Quality Management District, shows
that in 2006, prior to the Phase II EVR upgrade, about 92 percent of Phase II pre-EVR
systems were balance type and 8 percent were vacuum assist type.7 Assuming pre-
EVR vacuum assist systems experience the same 11 percent complete failure rate
determined for balance systems by the SDCAPCD study, and the remaining 89 percent
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operate at 95 percent collection efficiency, the calculated in-use control efficiency for
Phase II pre-EVR systems is:
Phase II pre-EVR CE = 0.92 * (Balance CE) + 0.08 * (0.89 * Assist CE)
= 0.92 * (0.70) + 0.08 * (0.89 * 0.95) = 0.71
The revised emission factors for Phase II pre-EVR systems were calculated using the
non-ORVR vehicle fueling UEF of 8.4 lbs/kgal, 95 percent ORVR in-use control
efficiency and 71 percent Phase II pre-EVR system in-use control efficiency as follows:
ORVR, Phase II pre-EVR = (non-ORVR UEF)*(1 - ORVR CE)*(1- Ph II pre-EVR CE)
= (8.4 lbs/kgal) * (1 - 0.95) * (1 - 0.71) = 0.12 lbs/kgal
Non-ORVR, Phase II pre-EVR = (non-ORVR UEF)*(1 - Ph II pre-EVR CE)
= (8.4 lbs/kgal) * (1 - 0.71) = 2.4 lbs/kgal
Phase II EVR in-use control efficiency for non-ORVR vehicles is estimated at 95 percent
based on results from 13 separate vapor recovery system efficiency tests performed by
ARB staff between January 2009 and September 2010. The 13 tests represent 221
non-ORVR vehicle fueling events, and the overall vapor recovery system in-use control
efficiency determined from these tests was 95 percent.
The emission factors for Phase II EVR systems were calculated using the non-ORVR
vehicle fueling UEF of 8.4 lbs/kgal, 95 percent ORVR in-use control efficiency and 95
percent Phase II EVR system in-use control efficiency as follows:
ORVR, Phase II EVR = (non-ORVR UEF)*(1 - ORVR CE)*(1 - Ph II EVR CE)
= (8.4 lbs/kgal)*(1 - 0.95)*(1 - 0.95) = 0.021 lbs/kgal
Non-ORVR, Phase II EVR = (non-ORVR UEF)*(1 - Ph II EVR CE)
= (8.4 lbs/kgal) * (1 - 0.95) = 0.42 lbs/kgal
A more detailed description of the methodologies used to determine the revised vehicle
fueling emission factors, including all applicable references is presented in Attachment 1
to this document, Revised Emission Factors for Phase II Vehicle Fueling at California
Gasoline Dispensing Facilities.
IV. PHASE I BULK TRANSFER LOSSES
Phase I bulk transfer losses are TOG emissions produced during the delivery of
gasoline to an UST from a cargo tank, and are also referred to as working losses or
transfer emissions. Transfer emissions are controlled by a Phase I vapor recovery
system, which operates on the balance principle. As gasoline is transferred by gravity
from a cargo tank to an UST, the rising UST liquid level displaces hydrocarbon vapors
which are captured by the Phase I vapor recovery system and returned to the
headspace area in the cargo tank. This process is again repeated when the cargo tank
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is refilled at a gasoline bulk terminal, and the vapors displaced from the cargo tank are
either recovered as liquid gasoline by and adsorption/absorption process or oxidized by
a flare.
The current TOG bulk transfer emission factors predate implementation of ARB’s
EVR program. The current and revised TOG bulk transfer emission factors are
presented in Table IV-I below.
Table IV-I
Current and Revised TOG Emission Factors for Phase I
Transfer Emissions at Gasoline Dispensing Facilities
Current (lbs/kgal) Revised (lbs/kgal)
UEF Pre-EVR UEF Pre-EVR EVR
8.4 0.42 7.7 0.38 0.15
The method used to develop the revised gasoline bulk transfer emission factors
consists of determining a gasoline bulk transfer UEF, and then applying CE factors that
are representative of the level of control achieved by Phase I pre-EVR and Phase I EVR
systems.
The revised bulk transfer UEF was derived from UST headspace TOG concentration
data obtained from five tests performed by ARB staff at a Sacramento, California GDF
between February 2012 and September 2013. In determining the revised UEF, ARB
staff assumes the average UST headspace TOG concentration measured in these tests
is representative of the average TOG concentration of the vapor mass displaced from
an UST during bulk gasoline transfer if the emissions were uncontrolled. Based on
these test results, ARB staff determined the revised bulk transfer UEF as 7.7 lbs/kgal,
which represents an 8 percent decrease from the current value of 8.4 lbs/kgal.
Phase I pre-EVR in-use control efficiency is estimated at 95 percent, based on the
performance standard for Phase I pre-EVR equipment certification and results from ten
Phase I volumetric efficiency tests performed by ARB staff at gasoline bulk plant
distribution facilities (bulk plant) prior to implementation of Phase I EVR. Results for
each of the ten tests determined >95 percent volumetric efficiency during bulk transfer
of gasoline from a cargo tank to the bulk plant UST.
The revised emission factor for Phase I pre-EVR systems was calculated using the bulk
transfer UEF of 7.7 lbs/kgal and 95 percent Phase I pre-EVR in-use control efficiency as
follows:
Phase I pre-EVR = (bulk transfer UEF) * (1 - Phase I pre-EVR CE)
= (7.7 lbs/kgal) * (1 - 0.95) = 0.38 lbs/kgal
Phase I EVR in-use control efficiency is estimated at 98 percent, based on the
performance standard for Phase I EVR equipment certification and results from ten
Phase I volumetric efficiency tests performed by ARB staff at bulk plants after
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implementation of Phase I EVR. Results for each of the ten tests determined >98
percent volumetric efficiency during bulk transfer of gasoline from a cargo tank to the
bulk plant UST.
The emission factor for Phase I EVR systems was calculated using the bulk transfer
UEF of 7.7 lbs/kgal and 98 percent Phase I-EVR in-use control efficiency as follows:
Phase I EVR = (bulk transfer UEF) * (1 - Phase I EVR CE)
= (7.7 lbs/kgal) * (1 - 0.98) = 0.15 lbs/kgal
A more detailed description of the methodologies used to determine the revised
Phase I transfer emission factors, including all applicable references, is presented in
Attachment 2 to this document, Revised Emission Factors for Phase I Gasoline Bulk
Transfer at California Gasoline Dispensing Facilities
V. PRESSURE DRIVEN LOSSES
Pressure driven, or breathing, losses are fugitive emissions from UST vent riser and/or
Phase II vapor recovery components resulting from the day to day operations at a given
GDF. These emissions are influenced by several variables, most notably: gasoline Reid
vapor pressure (RVP) and evaporation rate, ORVR vehicle throughput, overnight facility
shutdown or extended facility inactivity, gasoline delivery schedule, vapor recovery
system operating principle and vapor recovery system pressure integrity. These
variables can act singularly or in combination to elevate static pressure in UST
headspace, resulting in pressure driven emissions.
Current and revised pressure driven emission factors are presented in Table V-I below.
Current pressure driven emission factors for GDFs without Phase II vapor recovery
(UEF) and with Phase II pre-EVR vapor recovery systems are 0.84 lbs/kgal and
0.10 lbs/kgal, respectively. There is no current emission factor applicable to GDFs
equipped with Phase II EVR systems.
Table V-I
Current and Revised TOG Pressure Driven Emission Factors for
Gasoline Dispensing Facilities
Current (lbs/kgal) Revised (lbs/kgal)
UEF Pre-EVR UEF Pre-EVR EVR
0.84 0.10 0.76 0.092 0.024
The revised UEF of 0.76 lbs/kgal was calculated from UST static pressure data
collected at a fleet rental car GDF located in San Jose, California. This facility is
exempt from Phase II vapor recovery requirements by Bay Area Air Quality
Management District.8 UST static pressure data collected at this facility during two 30-
day periods were combined with fugitive flow rate equations in ARB Vapor Recovery
Test ProcedureTP-201.2F, Pressure Related Fugitive Emissions,9 a TOG concentration
of 46 percent as propane, and the facility gasoline throughput of 12,000 gallons per
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month to yield the revised UEF for pressure driven emissions from GDFs without Phase
II systems.
The 46 percent TOG concentration value used in UEF calculation is based on the
average UST headspace TOG concentration measured during ten tests performed by
ARB staff at three GDFs between February 2012 and September 2013. TOG
concentrations were determined using non-dispersive infrared gas analyzers and
sampling and quality assurance procedures referenced in ARB Vapor Recovery Test
Procedure TP-201.2, Efficiency and Emission Factor for Phase II Systems.
The revised pressure driven emission factors for GDFs with Phase II pre-EVR and
Phase II EVR systems were estimated as 0.092 lbs/kgal and 0.024 lbs/kgal,
respectively. The revised emission factors were derived from data collected between
November 2009 and October 2010 at six GDFs located in Northern California. These
sites were randomly selected as part of an ARB program to examine the dynamics
causing substantial increases in the number of ISD over-pressure alarms corresponding
to the transition from summer formulated fuel with Reid vapor pressure (RVP) restricted
to less than or equal to 7 pounds per square inch, to winter formulated fuel with no RVP
restriction. The six sites represent a cross section of the characteristics associated with
California GDFs, such as throughput category, vapor recovery system operating
principle and 24-hour operation versus overnight closure.
The reductions in revised pressure driven emission factors are primarily attributable to
advancements in Phase II vapor recovery system technologies exclusive to EVR
systems, such as: the Franklin-Healy vapor recovery nozzle which detects ORVR
vehicles and reduces its V/L ratio, pressure management processors designed to
maintain UST static pressure below defined levels, and ISD systems that monitor vapor
recovery system operating parameters and alert GDF operators of vapor recovery
equipment failures.
A more detailed description of the methodologies used to determine revised pressure
driven emission factors, including all applicable references, is presented in
Attachment 3, Revised Emission Factors for Pressure Driven Emissions at California
Gasoline Dispensing Facilities.
VI. PHASE II FUELING - SPILLAGE
Gasoline spillage emissions are generated from liquid gasoline spills associated with
vehicle fueling, including pre-fueling, fueling, and post-fueling spillage. The current and
revised emission factors for gasoline spillage during vehicle fueling are presented in
Table VI-I below.
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Table VI-I
Current and Revised TOG Emission Factors for Gasoline Spillage at
Gasoline Dispensing Facilities
Current (lbs/kgal) Revised (lbs/kgal)
UEF Pre-EVR UEF Pre-EVR EVR
0.64 0.42 0.61 0.42 0.24
Current emission factors for gasoline spillage at GDFs without Phase II vapor recovery
(UEF) and with Phase II pre-EVR systems are 0.64 lbs/kgal and 0.42 lbs/kgal,
respectively, based on data from tests performed by ARB, (Morgester et al., 1992).10
There is no current emission factor applicable to GDFs equipped with Phase II EVR
systems.
ARB staff has reviewed the test data used to calculate the current gasoline spillage UEF
and pre-EVR emission factor. Based on this review, ARB staff determined the revised
gasoline spillage UEF is 0.61 lbs/kgal, and the revised gasoline spillage pre-EVR
emission factor should remain at 0.42 lbs/kgal. The revised emission factors are
essentially unchanged from the current values because there have been no technical
advancements for the respective nozzles since the current factors were established.
The gasoline spillage emission factor for GDFs with Phase II EVR is 0.24 lbs/kgal,
which is the current performance standard referenced in ARB Certification Procedure
CP-201,Certification Procedure for Vapor Recovery Systems at Gasoline Dispensing
Facilities.11
A more detailed description of the methodologies used to determine the revised
gasoline spillage emission factors, including all applicable references, is presented in
Attachment 4, Revised Emission Factors for Gasoline Spillage at California Gasoline
Dispensing Facilities.
VII. GASOLINE DISPENSING HOSE PERMEATION
ARB adopted performance standards for gasoline dispensing hose permeation on
July 26, 2012. Prior to adoption of these standards there were no hose permeation
performance standards for California GDFs. Facilities subject to the standards will have
four years from their effective date to comply. The effective date is defined as the date
on which the first dispensing hose is certified by ARB to meet the new hose permeation
performance standards.
Hose permeation performance standards only apply to hoses in which liquid fuel comes
into contact with the outer hose wall, specifically: Phase II vacuum assist and
conventional (non-vapor recovery) hoses. Vacuum assist hoses account for
approximately 70 percent of the almost 100,000 Phase II vapor recovery hoses installed
at California GDFs.12 There are approximately 1,000 additional hoses installed at
facilities without Phase II vapor recovery. The performance standards do not apply to
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hoses of balance Phase II vapor recovery systems, which dispense gasoline through
the center region of a coaxial hose and transport vapor in the outer region. Figure VII-I
illustrates the differences in fuel delivery and vapor return pathways for vacuum assist
and balance vapor recovery hoses.
Figure VII-I, Cutaways of Vapor Recovery GDF Hose
Assemblies Showing Vapor and Liquid Paths
Permeation rates are influenced by several factors, the most significant of which are:
fuel temperature, gasoline formulation, and concentration gradient across the barrier
material. As is the case with vehicle refueling emissions, gasoline throughput to ORVR
vehicles plays a role in the permeation rates of balance type hoses, because refueling
of ORVR vehicles affects the concentration gradient across the outer wall of these
hoses. Therefore, balance hose permeation emissions are expected to decline in future
years as gasoline throughput to ORVR vehicles increases.
When considering an isolated GDF hose, the permeation rate of liquid gasoline through
vacuum assist and conventional hoses is relatively unaffected by activity level (i.e., the
volume of gasoline dispensed or throughput). These hoses should permeate at the
same daily rate as long as there is some level of activity. Therefore, the hose
permeation emissions in tons per day can be estimated directly, independent of activity
level. However, because other GDF emissions calculations are activity based, hose
permeation emission factors were estimated as a function of activity level in order to
maintain dimensional consistency with the emission factors proposed for the five other
GDF subcategories.
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Hose permeation emission factors based on GDF activity and ORVR penetration for
years 2013 and 2017 are presented in Table VII-I below.
Table VII-I
Year 2013 and 2017 Hose Permeation TOG Emission Factors for
Gasoline Dispensing Facilities
Year 2013 (lbs/kgal) Year 2017 (lbs/kgal)
UEF Pre-EVR EVR UEF Pre-EVR EVR
0.062 0.062 0.062 0.009 0.009 0.009
The 2013 emission factors represent the uncontrolled permeation rates determined from
ARB laboratory tests on vacuum assist, conventional and balance hoses.13, 14
The 2017 controlled emission factors (CEF) assume full implementation of the 3.23
grams per meter squared per day (referenced to 71 oF) vacuum assist/conventional
hose permeation standard at California GDFs. This factor reflects the predicted
population of vacuum assist, conventional and balance hoses and their associated
permeation rates using the following equation:
GDF Hose CEF2017 = CEFvac/con, 2017 + UEFbal, 2017
= 0.002 lbs/kgal + 0.007 lbs/kgal
= 0.009 lbs/kgal
The 2017 hose permeation CEF of 0.009 lbs/kgal represents an 88% reduction in hose
permeation emissions compared to the 2013 emissions baseline of 0.062 lbs/kgal.
ARB’s cost analysis suggests cost savings15 associated with low permeation hose
conversion in both vapor recovery and non-vapor recovery applications.
A more detailed description of the methodologies used to determine the proposed GDF
hose permeation emission factors, including all applicable references and intermediate
variables such as: permeation rates, hose surface areas, hose populations and gasoline
throughput is presented in Attachment 5, Proposed Emission Factors for Gasoline
Dispensing Hose Permeation at California Gasoline Dispensing Facilities.
VIII. CONCLUSIONS
The revised GDF emission factors show no change to the current UEF for Phase II non-
ORVR vehicle refueling of 8.4 lbs/kgal; and a 17 percent percent reduction to the
current UEF for Phase I transfer losses from 8.4 lbs/kgal to 7.0 lbs/kgal. The revised
emission factor for refueling non-ORVR vehicles with Phase II pre-EVR systems of 2.4
lbs/kgal is approximately 3 times its current value of 0.74 lbs/kgal, due to the lower in-
use efficiency assigned to Phase II pre-EVR systems. However, Phase II pre-EVR
systems only account for approximately 3 percent of gasoline dispensed at California
GDFs.
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The revised emission factors also include categories for GDFs with EVR equipment,
which currently dispense approximately 95 percent of gasoline sold in California. There
are no current emission factors for EVR categories, as the current emission factors
predate EVR systems. The revised emission factors proposed for EVR categories are
all significantly lower than the current pre-EVR values; and are reflective of both
advancements in vapor recovery system performance achieved through ARB’s EVR
program and the increasing statewide gasoline throughput to ORVR vehicles.
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IX. REFERENCES
1. Preliminary Analysis of U.S. EPA’s Draft Regulation on Onboard Refueling Vapor
Recovery (ORVR) Widespread Use Determination and California’s Enhanced
Vapor Recovery (EVR) Requirements. J. Marconi, September 8, 2011.
2. California Air Resources Board Presentation: Enhanced Vapor Recovery
Implementation Update, June 28, 2008.
http://www.arb.ca.gov/vapor/archive/2008/evrtalk062608.pdf.
3. ARB Stationary Source Test Procedures, Volume II, Vapor Recovery Test
Procedure TP-201.2. http://www.arb.ca.gov/testmeth/vol2/tp-201_2.pdf
4. SHED test data for 337 2004-2005 model vehicles is available from David Good,
U.S. EPA Office of Air and Radiation, Office of Transportation and Air Quality,
Compliance Information Systems.
5. NESCAUM Report – Onboard Refueling Vapor Recovery Systems Analysis of
Widespread Use, pages 9-10, Skelton and Rector, 8/20/2007.
6. Barnard R. McEntire, Performance of Balance Vapor Recovery Systems at
Gasoline Dispensing Facilities, San Diego Air Pollution Control District,
May 18, 2000.
7. Data on 2006 Balance/Assist Split for Pre-EVR systems provided to Frances
Cameron by South Coast Air Quality Management District Staff.
8. Bay Area Air Quality Management District Regulation 8, Rule 7, paragraph 112.9.
http://www.baaqmd.gov/~/media/Files/Planning%20and%20Research/Rules%20a
nd%20Regs/reg%2008/rg0807.ashx?la=en.
9. ARB Vapor Recovery Test ProcedureTP-201.2F, Pressure Related Fugitive
Emissions. http://www.arb.ca.gov/testmeth/vol2/tp201.2f_Oct2003.pdf.
10. James J. Morgester, Robert L. Fricker, G. Henry Jordan (1992) Comparison of
Spill Frequencies and Amounts at Vapor Recovery and Conventional Service
Stations in California, Journal of Air & Waste Management Association, Vol 42,
No. 3, pp284-289, March 1992.
11. ARB Certification Procedure CP-201,Certification Procedure for Vapor Recovery
Systems at Gasoline Dispensing Facilities.
http://www.arb.ca.gov/testmeth/vol2/cp201_april2013.pdf
12. ARB, Initial Statement of Reasons August 3, 2011, Appendix 4, Gasoline
Dispensing Facility hose Emissions Inventory for Vacuum Assist and conventional
Hoses. http://www.arb.ca.gov/vapor/rulemaking.htm.
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13. ARB, Gasoline Dispensing Facility (GDF) Vacuum-Assist and Conventional Hose
Permeation Study, July 19, 2010, Jason McPhee, P.E.
14. ARB, Gasoline Dispensing Facility (GDF) Balance Hose Permeation Study, June
19, 2008, revised October 6, 2010, Jason McPhee.
15. Cost Effectiveness Report: 2011 Amendments to the Regulation for Certification of
Vapor Recovery Systems at Gasoline Dispensing Facilities, Jason McPhee, P.E.
http://www.arb.ca.gov/vapor/rulemaking.htm.
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Attachments
Attachment 1: Revised Emission Factors for Phase II Vehicle Fueling at California
Gasoline Dispensing Facilities
Attachment 2: Revised Emission Factors for Phase I Gasoline Bulk Transfer at
California Gasoline Dispensing Facilities
Attachment 3: Revised Emission Factors for Pressure Driven Emissions at
California Gasoline Dispensing Facilities
Attachment 4: Revised Emission Factors for Gasoline Spillage at California
Gasoline Dispensing Facilities
Attachment 5: Proposed Emission Factors for Gasoline Dispensing Hose
Permeation at California Gasoline Dispensing Facilities
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San Jacinto Commonwealth Development
Air Quality and Greenhouse Gas Impact Study
Response to Comments – Memo#1
JN:0144-13-1702_Memo#1
Appendix C
Site Plan and Google Earth Overlay
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4.1.yPacket Pg. 357Attachment: Attachment 27 - Response to SCAQMD (Commonwealth Crossing (SPDR-17-11, PM-37407,
San Jacinto Commonwealth Development
Air Quality and Greenhouse Gas Impact Study
Response to Comments – Memo#1
JN:0144-13-1702_Memo#1
Appendix D
Screening Tables for Gasoline Dispensing Facilities
&
CARB 2005 Air Quality and Land Use Handbook Table 1-1
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Table 1-1
Recommendations on Siting New Sensitive Land Uses
Such As Residences, Schools, Daycare Centers, Playgrounds, or Medical
Facilities*
Source
Category Advisory Recommendations
Freeways and
High-Traffic
Roads
Avoid siting new sensitive land uses within 500 feet of a freeway,
urban roads with 100,000 vehicles/day, or rural roads with 50,000
vehicles/day.
Distribution
Centers
Avoid siting new sensitive land uses within 1,000 feet of a
distribution center (that accommodates more than 100 trucks per
day, more than 40 trucks with operating transport refrigeration
units (TRUs) per day, or where TRU unit operations exceed 300
hours per week).
Take into account the configuration of existing distribution centers
and avoid locating residences and other new sensitive land uses
near entry and exit points.
Rail Yards
Avoid siting new sensitive land uses within 1,000 feet of a major
service and maintenance rail yard.
Within one mile of a rail yard, consider possible siting limitations
and mitigation approaches.
Ports
Avoid siting of new sensitive land uses immediately downwind of
ports in the most heavily impacted zones. Consult local air districts
or the ARB on the status of pending analyses of health risks.
Refineries
Avoid siting new sensitive land uses immediately downwind of
petroleum refineries. Consult with local air districts and other local
agencies to determine an appropriate separation.
Chrome Platers Avoid siting new sensitive land uses within 1,000 feet of a chrome
plater.
Dry Cleaners
Using
Perchloro-
ethylene
Avoid siting new sensitive land uses within 300 feet of any dry
cleaning operation. For operations with two or more machines,
provide 500 feet. For operations with 3 or more machines, consult
with the local air district.
Do not site new sensitive land uses in the same building with perc
dry cleaning operations.
Gasoline
Dispensing
Facilities
Avoid siting new sensitive land uses within 300 feet of a large gas
station (defined as a facility with a throughput of 3.6 million gallons
per year or greater). A 50 foot separation is recommended for
typical gas dispensing facilities.
*Notes:
These recommendations are advisory. Land use agencies have to balance
other considerations, including housing and transportation needs, economic
development priorities, and other quality of life issues.
Page 4
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Recommendations are based primarily on data showing that the air pollution
exposures addressed here (i.e., localized) can be reduced as much as 80%
with the recommended separation.
The relative risk for these categories varies greatly (see Table 1-2). To
determine the actual risk near a particular facility, a site-specific analysis
would be required. Risk from diesel PM will decrease over time as cleaner
technology phases in.
These recommendations are designed to fill a gap where information about
existing facilities may not be readily available and are not designed to
substitute for more specific information if it exists. The recommended
distances take into account other factors in addition to available health risk
data (see individual category descriptions).
Site-specific project design improvements may help reduce air pollution
exposures and should also be considered when siting new sensitive land
uses.
This table does not imply that mixed residential and commercial development
in general is incompatible. Rather it focuses on known problems like dry
cleaners using perchloroethylene that can be addressed with reasonable
preventative actions.
A summary of the basis for the distance recommendations can be found in
Table 1-2.
Page 5
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ATTACHMENT 28
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4.1.aaPacket Pg. 364Attachment: Attachment 29 - Letter from Caltrans (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04,
4.1.aaPacket Pg. 365Attachment: Attachment 29 - Letter from Caltrans (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04,
4.1.aaPacket Pg. 366Attachment: Attachment 29 - Letter from Caltrans (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04,
Community Development Department
595 S. San Jacinto Ave.
San Jacinto, CA 92583
(951) 487-7330
Fax (951) 654-9896
April 25, 2018
Mark Roberts, AICP, Office Chief
Intergovernmental Review, Community and Regional Planning
Department of Transportation, District 8
464 West Fourth Street, 6th Floor MS 725
San Bernardino, CA 92401-1400
SUBJECT: PM-37407, SPDR-17-11, CUP-17-06, MUPS-17-06, 17-07 & 17-08, VAR-17-0-4
AND CZ-17-03 – COMMONWEALTH CROSSING – AGENCY RESPONSE.
Dear Mr. Roberts:
The City appreciates the California Department of Transportation’s (Caltrans’) review of the Draft
Mitigated Negative Declaration (MND) and provides this response.
To address the comments regarding the Traffic Impact Analysis, Trames Solutions, Inc., has
prepared the attached response.
Regarding the comments under Land Use, the City is currently preparing the Downtown Specific
Plan, which includes the “TOD Core” and the opportunity for increased residential densities, more
compact Industrial/Services/Retails uses, as well as a potential location for future rail. As this
plan is finalized, high-density residential uses will be considered more thoroughly.
It is also noted, that the Project does include a Change of Zone to the CG-UC – Commercial
General and Urban Corridor Combining Overlay Zones.
Lastly, the Rancho San Jacinto Specific Plan (SP-01-88/SP-02-88) with the recent approval of
Mountain Bridge Estates (TTM-37299 and TTM-37230) is essentially built out.
Comments from Caltrans have become part of the public record.
Best regards,
Travis Randel
Community Development Director
Attachment: Response on Traffic Impact Analysis Concerns by Trames Solutions, Inc.
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Trames #0290-0001
4225 Oceanside Blvd., 354H
Oceanside, CA 92056
(760) 291 - 1400
April 24, 2018
Devon Wesselink
MW VANTAGE 1 LLC
26400 La Alameda, Suite 100
Mission Viejo, CA 92691
Subject: SJ Commonwealth Response to Caltrans Comments (JN 0290-0001)
Dear Mr. Wesselink:
Trames Solutions Inc. is pleased to submit the following response to Caltrans Comments
regarding the proposed SJ Commonwealth project. Previously, a traffic study was
prepared (Commonwealth Crossing Traffic Impact Analysis, Trames Solutions, October
2017) that evaluated a 40,000 sf health club, a 5,800 sf retail use, an automatic car wash
with a 108 foot tunnel, a 4,720 sf fast food w/drive thru, and a 16 vehicle fueling positions
Convenience Store with a car wash facility. Since the traffic study was prepared, the
project site has been updated and now consists of:
• A 12,000 sf tire store
• A 24,000 sf retail/office site
• An automatic car wash with a 108 foot tunnel
• A 2,720 sf fast food w/drive thru
• A 12 vehicle fueling positions Convenience Store with a car wash facility
Attachment A contains the site plan for the currently proposed project. The project site
is located west of San Jacinto Street across from Commonwealth Avenue in the City of
San Jacinto.
The following comment was provided by Caltrans on April 23, 2018. The comment on the
traffic study is provided below followed by our response.
COMMENT 1
The proposed land uses in the project description don't match those used to calculate the
proposed trip generation in the TIA (see table). The values in question are in red below;
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Devon Wesselink
MW VANTAGE 1 LLC
April 24, 2018
Page 2
Trames #0290-0001
Land Use
ITECode
Quantity
Peak Hour Trip Rates
AM PM
IN OUT Total IN OUT Total Daily
Health/Fitness Club 492 40TSF 0.62 0.76 1.38 2.01 1.52 3.53 32.93
ShoooingCenter 820 S.STSF 2.93 1.8 4.73 7.36 7.97 15.33 183.97
Auto Car Wash Empirical Data Data 108LF 0.25 0.21 0.46 0.38 0.41 0.79 8.45
Fast Food w/ Drive Thru 934 4.72 TSF (2.72?) 23.16 22.26 45.42 16.98 15.67 32.65 496.12
Convenience Mkt. w Pumps 853 16VFP 8.28 8.29 16.57 9.53 9.54 19.07 542.6
We suggest the project proponent update the TIA by correcting the
proposed trip generation table (Table 4-1) and subsequent LOS and
fair share calculations.
Additionally, it appears that the ratio between Office and Retail uses is
unknown for the 24,000 square foot building on Parcel 5.
If the ratio is known, we recommend using ITE code 710 for the office
uses and ITE Code 820 for the retail uses.
If the ratio is unknown, we recommend using ITE Code 820 for the entire building.
RESPONSE 1
Based on the traffic study, the site was projected to generate a total of approximately
6,413 trip-ends per day with 293 vehicles per hour during the AM peak hour and 410
vehicles per hour during the PM peak hour. The report concluded that the intersections
within the study area would operate an acceptable level of service in the future with the
development of the proposed project. Therefore, no improvements were required except
at the intersection of San Jacinto Avenue/Commonwealth (project access).
Table 1 provides a summary of the daily, AM peak hour, and PM peak hour trip rates for
the revised project land uses. Table 2 provides the summary of the estimated trips. As
shown in Table 2, the proposed development is projected to generate a total of
approximately 5,141 new trip-ends per day with 240 vehicles per hour during the AM peak
hour and 348 vehicles per hour during the PM peak hour. This results in 1,272 fewer trip-
ends per day with 53 fewer vehicles per hour during the AM peak hour and 62 fewer
vehicles per hour during the PM peak hour as compared to the land uses evaluated in the
traffic study.
The currently proposed project consists of a reduced number of trips in comparison to
what was analyzed in the traffic study as illustrated above. Based on the reduced number
of trips, it is anticipated that the traffic impacts would be equal to or more likely less than
what was determined in the traffic study. Therefore, it can be concluded that the impacts
and improvement measures identified in the traffic study would represent a conservative
estimate of the impacts of the currently proposed project
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Packet Pg. 369 Attachment: Attachment 30 - Response to Caltrans (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-
Devon Wesselink
MW VANTAGE 1 LLC
April 24, 2018
Page 3
Trames #0290-0001
If you have any questions, please contact me directly at (949) 244-2436.
Respectfully submitted,
Trames Solutions Inc.
Scott Sato, P.E.
Vice President
Attachment A – Site Plan
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ITE
Code IN OUT Total IN OUT Total
Tire Store 848 12 TSF 1.82 1.07 2.89 1.78 2.37 4.15 24.87
Shopping Center 820 24 TSF 1.69 1.03 2.72 4.61 4.99 9.60 111.91
Auto Car Wash Empirical Data3 Data 108 LF 0.25 0.21 0.46 0.38 0.41 0.79 8.45
Fast Food w/ Drive Thru 934 2.72 TSF 23.16 22.26 45.42 16.98 15.67 32.65 496.12
Convenience Mkt. w/Pumps 853 12 VFP 8.28 8.29 16.57 9.53 9.54 19.07 542.60
1 Source: ITE (Institute of Transportation Engineers) Trip Generation Manual, 9th Edition, 2012.
TABLE 1
PROJECT TRIP GENERATION RATES1
Land Use
Peak Hour Trip Rates
Daily
AM PM
Quantity2
2 TSF = Thousand Square Feet; LF = Linear Feet; VFP = Vehicle Fueling Position
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In Out Total In Out Total
12 TSF 22 13 35 21 28 49 298
-6 -4 -10 -6 -8 -14 -83
24 TSF 41 25 66 111 120 231 2,686
0 0 0 -38 -41 -79 -913
108 LF 27 23 50 41 44 85 913
-3 -2 -5 -4 -4 -8 -91
2.72 TSF 63 61 124 46 43 89 1,349
-31 -30 -61 -23 -21 -44 -661
12 VFP 99 99 198 114 114 228 6,511
-65 -65 -130 -75 -75 -150 -4,297
252 221 473 333 349 682 11,757
-105 -101 -206 -146 -149 -295 -6,045
-15 -12 -27 -19 -20 -39 -571
132 108 240 168 180 348 5,141
1
- Pass-by Reduction (10%)
TABLE 2
PROJECT TRIP GENERATION SUMMARY
Land Use
Peak Hour
Daily
AM PM
Quantity1
Tire Store
- Pass-by Reduction (28%)
Shopping Center
- Pass-by Reduction (34%)
Auto Car Wash Empirical Data
Subotal Trips without Pass-By
Subtotal Pass-By Trips
Fast Food w/ Drive Thru
- Pass-by Reduction (49%)
Convenience Mkt. w/Pumps
- Pass-by Reduction (66%)
Internal Interaction (10%)
TSF = Thousand Square Feet; LF = Linear Feet; VFP = Vehicle Fueling Position
Total Project Trip Generation
4.1.ab
Packet Pg. 372 Attachment: Attachment 30 - Response to Caltrans (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-
Trames #0290-0001
ATTACHMENT
SITE PLAN
4.1.ab
Packet Pg. 373 Attachment: Attachment 30 - Response to Caltrans (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-
4.1.abPacket Pg. 374Attachment: Attachment 30 - Response to Caltrans (Commonwealth Crossing (SPDR-17-11, PM-37407, CUP-17-06, MUP-17-06, 07, 08, VAR-17-04, and CZ-17-03))
May 1, 2018
TO: City Council
REQUESTED BY: Robert Johnson, City Manager
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Senate Bill (SB) 54
RECOMMENDATION:
That the City Council discuss and provide direction pertaining to SB 54.
DISCUSSION:
On January 1, 2018, SB54, passed by the State Legislature and signed by the Governor, became
effective. SB54 made several amendments to the Government Code, including the addition of
the California Values Act1. Together, the statutory changes are intended to limit the involvement
of state and local law enforcement agencies in federal immigration enforcement efforts. Among
other things, the statute specifically prohibits the following activities:
Precluding state and local officials from voluntarily providing to the United States
information about the release date from state or local criminal custody of criminal aliens
who may be subject to removal and are subject to detention by the United States
Precluding state and local officials from voluntarily providing to the United States other
information relevant to the alien’s immigration status
Prohibiting state and local officials from transferring alien’s to the United States when
they are scheduled to be released from state or local custody
Providing information about an individual’s release date, unless the information is
publicly available or is in response to a notification request made in accordance with
Section 7282.52
At the same time, Federal Law provides that no government entity may prohibit or restrict its
official from sending to, or receiving from, United State immigration authorities’ information
regarding the citizenship or immigration status of any individuals. Consequently, the United
States of America is suing the State of California in the United State District Court for the
Eastern District of California (Case No. 18-cv-00490) claiming that the California Values Act is
unconstitutional, in whole or in part, and seeking an injunction against enforcement of the
California Values Act.
The City of San Jacinto is a political division of the State of California, and as such, is generally
governed by the requirements of the State law. At the same time, members of the San Jacinto
City Council have taken an oath to support and defend both the Constituti on of the United States
and the Constitution of the State of California. With the adoption of SB54, law enforcement
1 The California Values Act is codified as Government Code Section 7284 et seq. All references to
statutory sections are Government Code Sections, unless otherwise noted.
2 A “notification request” is a request that a law enforcement agency inform immigration authorities of the
release date and time of an individual in custody, in advance of notifying the public.
5.1
Packet Pg. 375
agencies are placed in the untenable position of potentially violating State law just by complying
with Federal law.
Councilmember Andrew Kotyuk, who asked for this item to come before the City Council for
discussion and potential action, has included two attachments with this agenda item for the
Council’s discussion:
The first is an example of a staff report containing a resolution and ordi nance that was
prepared by the City of San Jacinto.
The second is the amicus curiae brief filed by various California municipalities and
elected officials in support of the Department of Justice’s lawsuit against the State of
California. An amicus curiae or “friend of the court” is a third party who is not a party to
litigation but has an interest in the litigation’s outcome and wishes to provide legal
argument. The attached brief was filed on behalf of the cities of Yorba Linda, Hesperia,
Escondido, Aliso Viejo, Mission Viejo, Fountain Valley, and Barstow, as well as several
Southern California mayors, council members, and Congressman Dana Rohrabacher.
The amicus brief was filed in support of the United States Department of Justice’s lawsuit
against the State of California in an effort to declare SB54 as unconstitutional and preempted by
Federal law. Although the amicus brief has already been filed, the City could inquire as to
adding its name to the amicus brief or otherwise joining other amicus briefs i n support of
litigation against SB54, either in the Department of Justice’s lawsuit or other such lawsuits.
SB54 has received a significant amount of public attention both prior to and since its passage.
Since March, several communities have taken steps to express support for or disapproval of the
legislation, including in two separate lawsuits pending in state and federal court challenging the
legislation and one lawsuit challenging a city’s decision to “exempt” itself from SB54.
The chart below displays the City/County jurisdictions that have taken action:
City/County Action(s)
Los Alamitos
Adopted an Ordinance “exempting” Los Alamitos from the
provisions of SB54. On April 18, 2018, the American Civil
Liberties Union and the National Day Laborer Organizing Network
filed a lawsuit challenging the Ordinance on the basis that public
officials may not “unilaterally” declare state legislation
unconstitutional. The plaintiffs also allege that the Ordinance
amounts to an illegal waste of taxpayer funds.
Directed City Attorney to file amicus (“friend of the court”) brief in
support of the DOJ.
Aliso Viejo
Adopted Resolution to “adhere to the rule of law”, support local
law enforcement and demand that Congress address the
comprehensive immigration reform
Approved filing of amicus brief in support of the DOJ
5.1
Packet Pg. 376
Beaumont Adopted Resolution declaring SB54 incompatible with Federal
law
Escondido Approved filing of amicus brief in support of the DOJ
Fountain Valley Approved filing of amicus brief in support of the DOJ
Hesperia Approved filing of amicus brief in support of the DOJ
Mission Viejo Approved filing of amicus brief in support of the DOJ
Newport Beach
Adopted Resolution in opposition to SB54
Approved “support” of DOJ in its lawsuit against California
Santa Ana Approve filing of amicus brief in support of the DOJ
San Gabriel Adopted Resolution declaring San Gabriel a “Safe City” and
directing police department to comply with SB54
San Juan Capistrano Adopted Resolution in opposition to SB54
Yorba Linda Approved filing amicus brief in support of the DOJ
Orange County
Adopted Resolution in opposition to SB54
Approved joining in the DOJ lawsuit
Adopted new policy for OC Sheriff’s Department, adding inmates’
release dates to an existing “Who’s in Jail” online database
San Diego County Approved filing amicus brief in support of the DOJ
Yucaipa Approved drafting a letter of opposition to SB54
Lake Elsinore Adopted Resolution in opposition to SB54
The item before the City Council as requested by Councilmember Kotyuk is to discuss and take
action to adopt a Resolution in opposition to SB54. If it is the City Council’s desire to adopt a
resolution, it may approve the enclosed resolution based on the Villa Park model or it may
provide direction to adopt a modified resolution.
FISCAL IMPACT:
There are no fiscal impacts associated with this item, however, there might be costs associated
with filing an amicus brief (if not drafted pro bono), and more significant costs associated with
joining a lawsuit challenging SB 54.
ATTACHMENTS:
5.1
Packet Pg. 377
Proposed Resolution No. 3706
City of Villa Park Staff Report of April 24, 2018 with attached Ordinance and Resolution
Amicus Curiae Brief
5.1
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STATE OF CALIFORNIA ) RESOLUTION NO: 3706
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, SUPPORTING COMPLIANCE WITH THE UNITED STATES
CONSTITUTION AND OPPOSING THE CALIFORNIA VALUES ACT AS
UNCONSTITUTIONAL
WHEREAS, the United States is a nation of laws; and
WHEREAS, the members of the City of San Jacinto City Council have taken an
oath to support and defend the Constitution of the United States and the Constitution of
the State of California; and
WHEREAS, the Federal government has broad constitutional jurisdiction over
immigration law; and
WHEREAS, the State of California enacted SB54, called the California Values
Act, effective January 1, 2018; and
WHEREAS, the California Values Act may be in direct conflict with Federal laws
and the Constitution of the United States; and
WHEREAS, Federal Law provides that no government entity may prohibit or
restrict its officials from sending to, or receiving from, United States immigration
authorities information regarding the citizenship or immigration status of any individual;
and
WHEREAS, in addition to the foregoing legal restrictions, United States
immigration authorities often request additional voluntary assistance from local
governments and law enforcement agencies; and
WHEREAS, the California Values Act impacts Federal immigration law and
enforcement in several respects, including: (1) precluding state and local officials from
voluntarily providing to the United States information about th e release date from state
or local criminal custody of criminal aliens who may be subject to removal and are
subject to detention by the United States; (2) precluding state and local officials from
voluntarily providing to the United States other informati on relevant to the alien's
immigration status; and (3) prohibiting state and local officials from transferring aliens to
the Unites States when they are scheduled to be released from state or local custody;
and
WHEREAS, the United States of America is suing the State of California in the
United States District Court for the Eastern District of California (Case No. 18 -cv-00490)
claiming that the California Values Act is unconstitutional, in whole or in part, and
seeking an injunction against enforcement of the California Values Act; and
5.1.a
Packet Pg. 379 Attachment: Proposed Resolution No. 3706 (Senate Bill (SB) 54)
WHEREAS, the City of San Jacinto is a political subdivision of the State of
California and, as such, generally may not disregard the requirements of State law in
the absence of a court order that the law is invalid; and
WHEREAS, the City of San Jacinto should not be forced to decide whether to
potentially violate Federal law or State law; and
WHEREAS, the County of Riverside, who provides law enforcement services to
the City of San Jacinto, receives, and prosecutes all those in criminal custody arrested
within the City of San Jacinto; and
WHEREAS, the City of San Jacinto respects the authority of the United Sates
government to regulate immigration and supports the efforts by the United States to
overturn the California Values Act as unconstitutional.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SAN JACINTO, as follows:
SECTION 1: In all respects, the above recitals are hereby incorporated by
reference.
SECTION 2: The City Council of the City of San Jacinto supports compliance
with the United States Constitution and opposes the California Values Act as
unconstitutional.
SECTION 3: The City Council of San Jacinto supports the ideals of federalism as
reflected in the respective efforts of other California local government jurisdictions in
adopting resolutions and passing ordinances in opposition to the California Values Act.
SECTION 4: The support of this City Council described herein constitutes
support for the United States Department of Justice's lawsuit in fed eral court against the
State of California in invalidating several California laws, including the California Values
Act.
PASSED, APPROVED AND ADOPTED by the City Council of San Jacinto at
a regular meeting held on the 1st day of May 2018 by the following vote.
Ayes:
Nays:
Absent:
Abstain:
CITY OF SAN JACINTO:
By:
______________________________
Crystal Ruiz, Mayor
5.1.a
Packet Pg. 380 Attachment: Proposed Resolution No. 3706 (Senate Bill (SB) 54)
ATTEST:
___________________________________
Angela Walton, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER, LLP
Michael J. Maurer, City Attorney
5.1.a
Packet Pg. 381 Attachment: Proposed Resolution No. 3706 (Senate Bill (SB) 54)
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
I, Angela Walton, City Clerk of the City of San Jacinto, do hereby certify that the
foregoing Resolution No. 3706 was passed, approved, and adopted at the Regular
Meeting of the San Jacinto City Council held on the 1st day of May 2018.
Ayes:
Nays:
Absent:
Abstain:
WITNESS MY HAND AND OFFICIAL SEAL this 1st day of May 2018.
_____________________________________
Angela Walton, City Clerk
City of San Jacinto
5.1.a
Packet Pg. 382 Attachment: Proposed Resolution No. 3706 (Senate Bill (SB) 54)
5.1.bPacket Pg. 383Attachment: City of Villa Park Staff Report of April 24, 2018 with attached Ordinance and Resolution (Senate Bill (SB) 54)
5.1.bPacket Pg. 384Attachment: City of Villa Park Staff Report of April 24, 2018 with attached Ordinance and Resolution (Senate Bill (SB) 54)
5.1.bPacket Pg. 385Attachment: City of Villa Park Staff Report of April 24, 2018 with attached Ordinance and Resolution (Senate Bill (SB) 54)
5.1.bPacket Pg. 386Attachment: City of Villa Park Staff Report of April 24, 2018 with attached Ordinance and Resolution (Senate Bill (SB) 54)
5.1.bPacket Pg. 387Attachment: City of Villa Park Staff Report of April 24, 2018 with attached Ordinance and Resolution (Senate Bill (SB) 54)
5.1.bPacket Pg. 388Attachment: City of Villa Park Staff Report of April 24, 2018 with attached Ordinance and Resolution (Senate Bill (SB) 54)
5.1.bPacket Pg. 389Attachment: City of Villa Park Staff Report of April 24, 2018 with attached Ordinance and Resolution (Senate Bill (SB) 54)
5.1.bPacket Pg. 390Attachment: City of Villa Park Staff Report of April 24, 2018 with attached Ordinance and Resolution (Senate Bill (SB) 54)
5.1.bPacket Pg. 391Attachment: City of Villa Park Staff Report of April 24, 2018 with attached Ordinance and Resolution (Senate Bill (SB) 54)
5.1.bPacket Pg. 392Attachment: City of Villa Park Staff Report of April 24, 2018 with attached Ordinance and Resolution (Senate Bill (SB) 54)
5.1.cPacket Pg. 393Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 394Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 395Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 396Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 397Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 398Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 399Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 400Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 401Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 402Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 403Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 404Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 405Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 406Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 407Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 408Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 409Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 410Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 411Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 412Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 413Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 414Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 415Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 416Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 417Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 418Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 419Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 420Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 421Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 422Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
5.1.cPacket Pg. 423Attachment: Amicus Curiae Brief (Senate Bill (SB) 54)
May 1, 2018
TO: City Council
REQUESTED BY: Sharon Paisley, Development Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Update on San Jacinto River Levee, Stage 4 River Corridor Expansion
Project
RECOMMENDATION:
Direct staff to continue discussing property acquisition options and place an item on a future City
Council agenda for the City Council to determine whether to continue participation in and
funding of the Project.
DISCUSSION:
At its March 6, 2018 meeting, the City Council directed staff to bring an agenda item back on
April 3 to determine whether to continue the City’s participation in and funding of the San
Jacinto River Levee project. Since the March 6 meeting, staff has engaged in various meetings
with stakeholders. Staff is still engaged with the stakeholders to determine whether an agreeable
option for financing and acquiring the necessary land may be reached. Therefore, staff
recommends that this item be continued to the next regular meeting. Staff may present additional
information during the meeting. The prior staff report containing background information about
the project has been attached.
FISCAL IMPACT:
The City is currently incurring legal, engineering, and consulting costs on an ongoing basis as
the project continues to progress. For this fiscal year, the City has budgeted $194,961 to the
levee project and has so far expended $46,787. This amount will be increased as work performed
to-date is invoiced and as further work continues. These costs will continue to accrue as long as
the project is active.
If the project moves forward, and the City Council elects to commit to future environmental
costs, it is anticipated that such costs would be approximately $4 million. These costs would not
be incurred unless the levee is constructed.
To date, the City has spent approximately $5.1 million since 2002 on levee-related expenditures,
most notably on the environmental and EIR costs.
ATTACHMENTS:
Current 100 Year Regulatory Floodplain
Proposed 100-Year Floodplain Map
Land Needed for Levee Footprint
Land Proposed for Inclusion in a CFD
Survey Form Given to Landowners
5.2
Packet Pg. 424
March 6 Staff Report
5.2
Packet Pg. 425
{
Current 100-Ye ar
Regulatory Floodplain
5.2.a
Packet Pg. 426 Attachment: Current 100 Year Regulatory Floodplain (Update on San Jacinto River Levee, Stage 4 River
Proposed 100-Ye ar
Floodplain
5.2.b
Packet Pg. 427 Attachment: Proposed 100-Year Floodplain Map (Update on San Jacinto River Levee, Stage 4 River
{
Land Needed for
Levee Footprint
5.2.c
Packet Pg. 428 Attachment: Land Needed for Levee Footprint (Update on San Jacinto River Levee, Stage 4 River Corridor
Land Proposed for Inclusion
In a CFD
5.2.d
Packet Pg. 429 Attachment: Land Proposed for Inclusion in a CFD (Update on San Jacinto River Levee, Stage 4 River
5.2.ePacket Pg. 430Attachment: Survey Form Given to Landowners (Update on San Jacinto River Levee, Stage 4 River Corridor Expansion Project)
5.2.ePacket Pg. 431Attachment: Survey Form Given to Landowners (Update on San Jacinto River Levee, Stage 4 River Corridor Expansion Project)
March 6, 2018
TO: City Council
REQUESTED BY: Sharon Paisley, Development Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Update on San Jacinto River Levee, Stage 4 and River Corridor Expansion
Project
RECOMMENDATION:
Receive and file report on San Jacinto River Levee, Stage 4 and River Corridor Expansion
Project and Public-Private Partnership Financing Plan. Direct staff to place an item on the March
20 City Council agenda for the City Council to determine whether to continue participation in
and funding of the Project.
DISCUSSION:
Executive Summary
In 2002, the City entered into a Memorandum of Understanding with the Riverside County Flood
Control and Water Conservation District (“District”) to partner in the construction of a new
levee. If completed, the levee will provide 100-year flood protection to 1355 acres of land that is
currently in the flood plain. Construction of the levee would enable this land to be developed for
commercial, industrial, residential, or other similar uses.
The estimated cost to complete the project is between $28 and $33 million dollars, depending on
the cost to acquire the land needed to construct the levee, as well as various other factors. The
District is committed to providing $20 million dollars to the project, which is to be used for
design, construction, and engineering costs. In addition, the District has committed an additional
$3.5 million dollars in the form of a Proposition 84 grant funding, which will be lost if there is
no mechanism to finance right-of-way acquisition by June 2018.
In order to complete the project, the City will need to acquire 248 acres of land. This land is
currently owned by eight private landowners. (There is also some acreage owned by public
entities.) In order to facilitate the commitment of funds needed for the acquisition of the land, the
City has proposed to assist the landowners by forming a Community Facilities District (CFD).
Formation of the CFD will enable the City to sell bonds to raise the money needed to purchase
the land. The debt service on the bonds will be paid through a special tax on the 1355 acres
directly benefitted from the project.
5.2.f
Packet Pg. 432 Attachment: March 6 Staff Report (Update on San Jacinto River Levee, Stage 4 River Corridor Expansion Project)
City funds will not be used for any land acquisitions; however, the City will commit to paying
any additional environmental, mitigation, endowment and legal costs, which may be up to $4
million.
In order to form the CFD and enable construction of the project, all of the landowners who own
the property that is needed for levee construction will have to agree to the sale. Moreover, the
landowners of the property that is directly benefited by the levee construction will have to agree
to the special tax. This plan has been presented to the primary landowners; however to date, City
staff has received minimal positive feedback.
The District has other unfunded flood control projects, and RCFCD has indicated that it will
reallocate its funds to other projects if the San Jacinto River Levee is not able to move forward.
Thus, without participation from the landowners, the project may not be completed.
Background
The proposed project constitutes the expanded implementation of the 1975 Flood Control Master
Plan for the Lower San Jacinto River Basin. In 1945, the District was formed and assumed
management responsibilities of all levees in the San Jacinto Levee District. The United States
Army Corps of Engineers (USACE) conducted surveys along the river in 1946 to determine the
need for flood control. As a result, a levee was constructed in 1961 by the USACE along the
south side of the San Jacinto River from the mouth of Bautista Creek downstream to a point
approximately 1-3/4 miles east of State Street. In 1975, the District prepared a Flood Control
Master Plan (Plan) for the Lower San Jacinto River Basin. The Plan proposed construction of a
new levee along the southerly side of the San Jacinto River from State Street west to a point
approximately 3/4 of a mile west of Sanderson Avenue. The portion of the proposed levee
between the Sanderson Avenue Bridge and State Street was part of the re commended alternative
to provide flood control protection from the effects of 100-year flood events in this portion of the
San Jacinto River.
The existing levees do not provide 100-year flood protection. Recurring breaches of the existing
levees have resulted in damage to agricultural lands, flooded roads, displaced local residents, and
inundated large areas adjacent to the river. The existing unlined levees downstream of State
Street and Sanderson Avenue could fail resulting in inundation of farmland and dairies with
floodwater. Moreover, floodwaters that come into contact with dairy wastes and agricultural
lands can contaminate local surface waters, and during large storm events impact impaired water
bodies as far away as Canyon Lake and Lake Elsinore.
In 2002, the City and District entered a Memorandum of Understanding to partner for
completion of the project. Through substantial efforts, the City and District have been able to
complete a 95% design of the project. Environmental review of the project was completed in
2015, and the City Council certified an Environmental Impact Report (EIR) at that time. The EIR
is available on the City’s website.
5.2.f
Packet Pg. 433 Attachment: March 6 Staff Report (Update on San Jacinto River Levee, Stage 4 River Corridor Expansion Project)
The 100-Year Flood Plain
Attachment 1 to this report shows the existing 100-year floodplain. It encompasses a broad swath
of land from the existing river down to and below the intersection of Ramona Expressway and
Sanderson Avenue. Land within this area cannot be developed for commercial, industrial, or
residential uses because such uses cannot be constructed within a floodplain. (The area is not
currently zoned; however, the City’s General Plan indicates that it will eventually be developed
for these uses.)
Attachment 2 to this report shows the 100-year floodplain upon completion of the proposed
project. As is apparent from the map, the intersection of Ramona Expressway and Sanderson
Avenue is removed from the floodplain, and the area that is removed will become developable.
Because this includes land that will be at the intersection of the Mid-County Parkway and
Highway 79 realignment, once completed, there is potential for new development opportunities.
Project Costs and Funding
Through the efforts of City staff, District, and their consulting engineers to re-scale the project,
the estimated costs have been reduced from approximately $30M plus right-of-way for the full
project to $23M plus right-of-way for the currently proposed plan, while still protecting the
intersection at Ramona Expressway and Sanderson Avenue.
As it currently stands, the estimated costs of the project are as follows:
$ 0.7M to complete planning, design, and engineering.
$14.7M to complete construction.
$ 5M to acquire the land needed to construct the levee
(assuming a valuation of $ 20,000 per acre.)
$ 4M to establish an endowment for ongoing environmental mitigation.
The District has also steadily increased its funding commitment from $7 to $12 million in the last
MOU (executed in 2010) to $20 million plus the $3.5 million in state grant funding.
Unlike the District which receives tax dollars that are dedicated to flood control funding, the City
has no revenue source that is dedicated to this project. Funding from the City to-date has mostly
been from its drainage fee fund, with some coming from its former Redevelopment Agency fund.
Because the City must provide a variety of public services to all of its residents, it does not have
general fund or reserve fund dollars available to commit to the land acquisition costs. Thus, in
order to acquire land, a funding source needs to be developed.
5.2.f
Packet Pg. 434 Attachment: March 6 Staff Report (Update on San Jacinto River Levee, Stage 4 River Corridor Expansion Project)
Public-Private Partnership Financing Plan
When property is developable, the value of the property increases. Because removal of land from
the floodplain makes the land more valuable, the owners of property that are in the floodplain are
the prime beneficiaries of the project.
A “public-private partnership” or “P3” is a term used for any project that is developed jointly,
and for the mutual benefit of, both public and private parties. It generally refers to a mechanism
for financing public infrastructure that is needed to serve a private development, through some
sort of private funding source.
In this case, because the City does not have a revenue source to dedicate to debt service, the most
logical mechanism for completing the project is a public-private partnership whereby the
benefitted properties pay for a share of the project costs - i.e., the right-of-way acquisition costs.
The payment is offset by the fact that the value of the land increases.
City representatives met with the landowners owning land within the levee footprint, and
proposed the formation of a Community Facilities District or “CFD”. A CFD is a tool that
enables public financing of infrastructure needed to serve the development. The CFD establishes
a special tax on the land that is within the CFD boundaries. Because this special tax creates a
defined revenue source, the City is able to sell bonds that are secured by the special tax
payments. The bond sale creates an immediate source of the funds needed to purchase the land.
Once the City has acquired financing through the bonds, the City can use the revenues to
purchase the needed land. This land will then be conveyed to the District, who will construct the
levee on the land. The District will then maintain and operate the levee.
In order to ensure that it can acquire all of the land needed to construct the levee, the City will
need the landowners to grant the City the option to purchase the property at an agreed price
subject to an appraisal prior to the issuance of the bonds. The City will not complete the purchase
of any properties without the establishment of a financing mechanism to pay for the levee right -
of-way (ROW).
Special Tax Details
The City has retained a consultant, Taussig & Associates, to provide a technical analysis of a
potential Community Facilities District. To simplify, this analysis takes the cost of the land that
the City needs to acquire, determines the number of acres that benefit from the levee and would
be subject to the special tax, and then determines the per-acre annual amount needed to cover the
debt service.
The land that is needed for the levee is shown in Attachment 3. There are 248 acres needed.
5.2.f
Packet Pg. 435 Attachment: March 6 Staff Report (Update on San Jacinto River Levee, Stage 4 River Corridor Expansion Project)
In an effort to establish an order of magnitude for the discussion with the landowners, the City
has used for illustrative purposes a value of $20,000 per acre. The Trails development, which
contains a specific plan and is fully entitled, is located nearby and is a reasonable comparison for
developable land. It sold for approximately $19,500 per acre in 2018. Because the levee land is
not entitled and not even developable without the levee, it likely does not exceed the value of the
Trails.
Attachment 4 shows the undeveloped properties that will benefit from construction of the levee.
These properties total 1355 acres.
Landowner Participation
On February 8, 2018, City staff, District staff, and their consultants met with a consortium of
landowners to explain the potential P3 financing opportunity and answer any questions. The
meeting lasted approximately 4 hours; and the landowners also met separately without public
agency representatives present. The City staff asked that the landowners send a completed survey
to the City Manager by February 16 to indicate whether they would be interested in pursuin g this
option further. (A sample blank survey is Attachment 5.) To date, City staff received very few
responses in favor of the project. Some of the landowners have declined to provide any response
at all. Others have agreed to participate only if they are not subject to a special tax. Others have
indicated that they would only participate if the land were purchased at a higher cost. Without
landowner participation, there is no public-private partnership and the project essentially cannot
continue.
Timeline
The proposed timeline for the project is as follows:
Engage benefitting area property owners
o Feb-March 2018
Financing Mechanism support
o March 15, 2018
Develop ROW purchase-option agreements
o March 2018
Implement ROW funding mechanism
o March-May 2018
District and City confirm Phase 1 funding commitment
o June 2018
Financing Alternatives
City staff and its consultants have investigated a number of state, federal and private financing
alternatives. Nonetheless, there is simply no other viable option to finance infrastructure
improvements of this size without the participation of landowners.
5.2.f
Packet Pg. 436 Attachment: March 6 Staff Report (Update on San Jacinto River Levee, Stage 4 River Corridor Expansion Project)
The City is subject to the constitutional debt limit, which prohibits the City from incurring any
debt that cannot be paid with general fund revenues during a single fiscal year or which cannot
be paid through a dedicated funding source. The land acquisition costs exceed available revenue
during any fiscal year. Additionally, this rule prevents financing through traditional bank loans
or mortgages. And even if the City could obtain such a loan, because liens cannot be placed on
public property, any loan would have to be unsecured.
In Spring 2017, the City submitted a Letter of Intent to apply for federal funding through the
Water Infrastructure Finance and Innovation Act (WIFIA), which could have provided a low-
interest loan. The Environmental Protection Agency, who administers WIFIA, did not invite the
City to submit an application.
There are other alternatives that are similar to a CFD, such as the formation of a benefit
assessment district or the creation of a development impact fee with fee credits given for land
dedication. However, while the mechanics of these options differ from a CFD, the end result is
the same; the benefitted properties bear the land acquisition costs. City staff has proposed a CFD
as it is generally the simplest and most straightforward financing option.
City staff has considered a number of other theoretical options that are beyond the scope of this
report; nevertheless, there is no other viable option that provides upfront funding for right-of-
way acquisition without requiring a guarantee from the City’s general fund.
Project Alternatives
If the landowners do not participate in a P3, there are not currently any alternative projects being
considered. Further reducing the project scope would be at the discretion of the District, which
has indicated that it instead might reallocate funds to other projects that currently have funding
gaps and/or have property owner’s financial participation, if the San Jacinto Levee project is
unable to move forward.
Next Steps
At the time of the preparation of this report, the City has notified the landowners that City staff
has not received sufficient landowner support to recommend that the City Council continue with
the project. City staff has asked the landowners to give notice of any changes in their position
prior to this Council meeting. If the landowners do not want the project to move forward, then
City staff will bring an item to Council at the March 20 meeting recommending that the City
Council discontinue funding the project and reallocate the City’s resources to other opportunities
in the City.
If sufficient landowners express an interest in working toward completion of the project, then
City staff will continue meeting with landowners to develop and finalize the particulars of the
CFD. Staff will then bring an item back to the City Council to begin formation of the CFD.
5.2.f
Packet Pg. 437 Attachment: March 6 Staff Report (Update on San Jacinto River Levee, Stage 4 River Corridor Expansion Project)
FISCAL IMPACT:
The City is currently incurring legal, engineering, and consulting costs on an ongoing basis as
the project continues to progress. For this fiscal year, the City has budgeted $194,961 to the
levee project and has so far expended $46,787. This amount will be increased as work performed
to-date is invoiced and as further work continues. These costs will continue to accrue as long as
the project is active.
If the project moves forward, and the City Council elects to commit to future environmental
costs, it is anticipated that such costs would be approximately $4 million. These costs would not
be incurred unless the levee is constructed.
To date, the City has spent approximately $5.1 million since 2002 on levee-related expenditures,
most notably on the environmental and EIR costs.
ATTACHMENTS:
Existing 100-Year Floodplain Map
Proposed 100-Year Floodplain Map
Land Needed for Levee Footprint
Land Proposed for Inclusion in a CFD
Survey Form Given to Landowners
5.2.f
Packet Pg. 438 Attachment: March 6 Staff Report (Update on San Jacinto River Levee, Stage 4 River Corridor Expansion Project)