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HomeMy WebLinkAbout93-057 CC Resolution RESOLUTION NO. 93-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TFAIECULA CER G ENVIRO AL IM[PACT REPORT NO. 340 WITH ADDENDUM, ADOPTION OF THE STATEMIENTS OF OVERRIDING CONSIDERATION AND APPROVAL OF THE MITIGATION MONITORING PROGRAM ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF YNEZ AND WINCHESTER ROADS AND KNOWN AS ASSESSOR'S PARCEL NO (S) 910- 130-046, 047; 921-090-001, 002, 003, 004, 005 AND 006. WHEREAS, Douglas Woods and Associates completed Environmental Impact Report No. 340 (EIR No. 340) in accordance with the Riverside County and State CEQA Guidelines; WHEREAS, said EIR application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said EIR on June 7, 1993, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, said project was continued at the June 7, 1993 public hearing; WHEREAS, the Planning Commission considered said EIR on June 21, 1993, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended Certification of said EIR with Addendum, Adoption of Statements of Overriding Consideration and Approval of the Mitigation Monitoring Program; WHEREAS, the City Council considered said EIR on July 13, 1993, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Council hearing, the City Council Certified said EIR with Addendum, Adoption of Statements of Overriding Consideration and Approval of the Mitigation Monitoring Program; NOW, THEREFORE, THE CITY OF TEMECULA CITY COUNCIL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the City of Temecula City Council hereby makes the following findings: Resos 93-57 A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: 1. The city is proceeding in a timely fashion with the preparation of the general plan.2. The planning agency finds, in approving projects and taking other actions, including theissuance of building permits, each of the following: a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. C. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The City Council in recommending Certification of the proposed FEIR, makes the following findings, to wit: 1. Seismic Saf@t The site does not contain any known active faults, but it is affected by the nearby Wildomar Fault and lies within a potential liquefaction zone and the Lake Skinner Dam Inundation Area. Mitigation measures proposed for the project will lessen potential impacts, although with concurrent development of other proposed projects, seismic safety is considered a cumulative significant impact. Therefore, a Statement of Overriding Consideration is required for Certification of the Final Environmental Impact Report. 2. Aericultural Lands Implementation of the Specific Plan will remove existing dry farmed cropland from production. It will also result in the loss of future agricultural lands designated as "Local Important Farmland' and 'Prime Farmland' as indicated in the City's Draft General Plan, agricultural resources. There are no practical mitigations for Resos 93-57 2 this impact, except no development, even though the impact is considered a significant impact. Therefore, a Statement of Overriding Consideration will have to be adopted for this impact with certification of the Final Environmental Impact Report. 3. Climate and Air Oualky Although impacts to air quality will occur during the grading and construction phase of the project, the major impact to air quality will come from vehicle exhaust after build out of the project. Mitigation measures have been added to the project to lessen the impacts to air quality. While these measures provide feasible mitigations for the increased traffic, the impact to air quality will still be a significant impact. The total number of vehicle trips generated from the project and surrounding projects cannot be reduced sufficiently to enable the impact to be considered insignificant. Therefore, a Statement of Overriding Consideration will have to be adopted for this impact in conjunction with certification of the Final Environmental Impact Report. 4. Noise Noise impacts will occur during grading and construction of the project, although the major impact to noise will be from the cumulative effect of increased traffic on the roadways from this project and additional development in the area. Impacts during construction will be lessened by controlling the time construction activities are allowed to take place. Even after implementation of feasible mitigation measures, the cumulative noise impact cannot be mitigated to a level of insignificance. Therefore, a Statement of Overriding Consideration will have to be adopted concerning the noise impact in conjunction with certification of the Final Environmental Impact Report. 5.Circulation This project impacts both on and off-site roadways. The Traffic study includedin the technical appendix of the EIR details the impacts to the circulation system and containsmitigation measures and timing requirements for the completion of necessary improvements. These mitigations have been included in the Mitigation Monitoring program and the Conditions of Approval for the project. The cumulative impacts to circulation will remain significant although the impacts will be lessened by adherence to the Conditions of Approval and mitigation measures. Therefore, a Statement of Overriding Consideration must be adopted for this impact in conjunction with the certification of the Final Environmental Impact Report for this project. 6. Wildlife/Vei!etation A biological study was completed on the site and no rare or endangered plants or animals were observed or are expected to occur on the site. The site is within the historic range of the Stephen's Kangaroo Rat and is subject to the mitigation fees established for protection of appropriate Stephen's Kangaroo Rat Habitat. Although the site is not habitat for any rare or endangered species, the loss of the habitat will add to the cumulative loss of wildlife habitat in the area. This cumulative loss is considered significant even though the individual project impact is not considered significant. The cumulative significant impact will require a Statement of Overriding Consideration be adopted for this impact in conjunction with certification of the Final Environmental Impact Resos 93-57 3 Report for this project. 7. Flood/Drainai!e A hydrology study was completed for the project which determined the type of infrastructure necessary to handle an anticipated 100 year storm for the project. The drainage study contains required mitigation measures for lessening the impacts of the project. Cumulative impacts are still considered significant and a Statement of Overriding Consideration needs to be adopted in conjunction with certification of the Final Environmental Impact Report. 8. Erosion Erosion control measures are being required and proposed that will comply with all National Pollutant Discharge Elimination System (NPDES) requirements. These measure will include watering of the site during grading, street sweeping existing surrounding roadways, landscaping of graded slopes, berming, and sand bagging where necessary. The impact, due to erosion, will not be significant with compliance to the Conditions of Approval and the Mitigation Monitoring program. 9. Public Facilities The project impacts public facilities due to the increased demand for services from new development. The impacts of the project will be reduced to a level of non-significance by payment of appropriate fees and construction of required infrastructure. The cumulative impacts are considered to be significant and a Statement of Overriding Consideration must be adopted for certification of the Final Environmental Impact Report. 10. Utilities The utility providers for the area have determined that they can provide the electricity, gas, and phone services to the site if the proper infrastructure is installed. With construction of buildings in compliance with Title 24 standards and the installation of appliances which conform to Title 20 standards, the impacts to utilities will be reduced but the cumulative effect will still be considered significant. Therefore, a Statement of Overriding Consideration is required for certification of the Final Environmental Impact Report. 11. Parks and Recreation/Open Space The project proposes increased landscaping areas along the major streets. The project will be conditioned to comply with the City's Quimby Ordinance to provide park requirements, which will reduce the impact to a level of insignificance. 12. Cultural and Scientiric Resources No cultural resources are anticipated to occur on the site according to Christopher E. Drover Ph.D. (see Appendix D, Technical Appendices). However, if any cultural resources are encountered as a result of grading, a qualified archaeologist shall be consulted and a mitigation program will be adopted. There is a possibility that paleontology resources could be discovered on the site. Grading of the site shall conform to a mitigation program provided by a qualified Resos 93-57 4 paleontologist. Adherence to the paleontologists mitigation program and the conditions of approval will reduce the potential impact to a level of non-significance. 13.Mitieation Monitorin2 Program The Draft Environmental Impact Report includes the proposed Mitigation Monitoring Program for the project. The Mitigation Monitoring Program is included as a Condition of Approval for the projects as a whole with several of the mitigations being separate Conditions of Approval for the project. Section 2. Conditions. That the City of Temecula City Council hereby certifies FEIR No. 340 with Addendum, adoption of Statements of Overriding Consideration and approval of the Mitigation Monitoring Program on 201.6 acres of land located at the southeast corner of Ynez and Winchester Roads and known as Assessor's Parcel No(s) 910-130-046, 047; 921-090- 001, 002, 003, 004, 005 and 006. Section 3. The City Clerk shall certify the adoption of this Resolution. Section 4. PASSED, APPROVED AND ADOPTED this 13th day of July, 1993. n@, Ma J. Sal Mu _y6r ATTEST: Ju reek, City Clerk [SEAL] Resos 93-57 5 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 13th day of July 13, 1993 by the following vote of the Council: AYES: 3 COUNCILMEMBERS: Birdsall, Parks, Roberts NOES: 2 COUNCILMEMBERS: Mufioz, Stone ABSENT: 0 COUNCILMEMBERS: None @June S. Greek, City Clerk Resos 93-57 6