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HomeMy WebLinkAbout16-63 CC Resolution ' RESOLUTION NO. 16-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TEMECULA GATEWAY PROJECT, ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TEMECULA GATEWAY PROJECT (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Procedural Findings. The City Council of the City of Temecula ("Temecula" or "City") does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi (collectively, the "Applicant') filed Planning Application No. PA14-0167 for a Zone Change/Planned Development ' Overlay. On November 3, 2014 Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708 for a Tentative Parcel Map, PA14-2707 for a Development Plan, and PA14-2709 for a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710 for a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14-2858 for a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985 for a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090 for a Development Plan. These applications were filed in a manner in accordance with the Temecula General Plan and Development Code. B. Collectively, the proposed "Project' consists of a Tentative Parcel Map to subdivide four lots into six parcels, a change in the General Plan designation for the six parcels from Professional Office (PO) to Gateway to Temecula Planned Development Overlay District (PDO-14), a series of standards and regulations governing all development in PDO-14, and permit approvals for commercial/retail uses. The "Project Site" is in the west-central portion of Temecula near the northwest corner of Temecula Parkway and La Paz Road. The Project Site is approximately 8.79 acres in size and currently includes four parcels (APNs 922-170-012 to -015). C. The Project was processed and public notices were provided in the time and manner prescribed by State and local law, including the California Environmental ' Quality Act ("CEQA") (Public Resources Code § 21000, et seq.) and the CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.). Resos 16-63 1 D. Pursuant to CEQA, the City is the lead agency for the Project because it is ' the public agency with the authority and principal responsibility for approving the Project. E. On June 26, 2015, in accordance with CEQA Guidelines Section 15082, the City published and distributed a Notice of Preparation (NOP) through the State Office of Planning and Research, State Clearinghouse (SCH # 2015061086). The NOP was circulated from June 26, 2015, through July 27, 2015, to receive comments and input from interested public agencies and private parties on issues to be addressed in the Environmental Impact Report ("EIR"). In addition, the City held a public scoping meeting on July 22, 2015, to obtain comments from interested parties on the scope of the Draft EIR in accordance with CEQA Guidelines Section 15082(c)(1). Written comments were received from various individuals and organizations and they assisted the City in formulating the analysis in the EIR. F. The City subsequently contracted for the independent preparation of a Draft Environmental Impact Report (the "Draft EIR") for the Project, including all necessary technical studies and reports in support of the Draft EIR. In accordance with CEQA and the CEQA Guidelines, the City analyzed the Project's potential impacts on the environment, potential mitigation, and potential alternatives to the Project. G. On May 31, 2016, the City filed a Notice of Availability ("NOA") with the ' State Clearinghouse and circulated the Draft EIR and Appendices to the public and other interested parties for a 45-day comment period from May 31, 2016 through July 14, 2016. The City also published the NOA in the San Diego Union Tribune, a newspaper of general circulation within the City. Copies of the Draft EIR were sent to various public agencies, as well as to organizations and individuals requesting copies. In addition, the City placed copies of the Draft EIR at the City's library and made copies available for review at the City offices and on the City's website. H. In response to the Draft EIR, written comments were received from various agencies, individuals, and organizations. The City prepared written responses to all comments received on the Draft EIR and those responses to comments are incorporated into the Final Environmental Impact Report (the "Final EIR"). The Responses to Comments were distributed to all public agencies that submitted comments on the Draft EIR at least 10 days prior to certification of the Final EIR. The Final EIR consists of the Draft EIR and all of its appendices, the Comments and Responses to Comments on the Draft EIR, and the Mitigation Monitoring and Reporting Program. I. On October 5, 2016, the Planning Commission held a duly noticed public hearing to consider the Final EIR and the proposed Project, at which time City staff presented its report and interested persons had an opportunity to be heard and to present evidence regarding the Project and the Final EIR. Resos 16-63 2 J. Following consideration of the entire record, including evidence presented ' at the hearing, staff reports, technical studies, appendices, plans, and other materials, and after due consideration of the proposed Project, the Planning Commission adopted Resolution No. 16-27 which recommended that the City Council adopt findings pursuant to CEQA, certify the Final EIR, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission also adopted Resolution Nos. 16-28, 16-29, 16-30, 16-33, 16-34, 16-31, 16-32, and 16-35 recommending that the City Council take various actions to approve the Project, including adoption of a General Plan Amendment, Zone Change/Planned Development Overlay, Tentative Parcel Map, and two Development Plans, two Conditonal Use Permits, and a Sign Program. K. The City Council finds that agencies and interested members of the public have been afforded ample notice and opportunity to comment on the EIR and the Project. L. CEQA Guidelines Section 15091 requires that the City, before approving the Project, make one or more of the following written finding(s) for each significant effect identified in the Final EIR accompanied by a brief explanation of the rationale for each finding: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental ' effects as identified in the Final EIR; or, 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or, 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. M. These required written findings are set forth in Exhibit A, attached hereto and incorporated herein by reference. 1. Environmental impacts identified in the Initial Study and Final EIR as no impact or less than significant and do not require mitigation are described in Sections IV and V, respectively, of Exhibit A. 2. Environmental impacts, or certain aspects of impacts, identified in the Final EIR as potentially significant, but that can be reduced to less than significant levels with mitigation, are described in Exhibit A, Section VI. 3. Environmental impacts identified in the Final EIR as significant and ' unavoidable despite the imposition of all feasible mitigation measures are described in Exhibit A, Section VII. Resos 16-63 3 4. Alternatives to the Project that might eliminate or reduce significant ' environmental impacts are described in Exhibit A, Section VIII, attached hereto and incorporated herein by reference. N. Public Resources Code Section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures. The Mitigation Monitoring and Reporting Program is attached hereto as Exhibit B, and is incorporated herein by reference. O. CEQA Guidelines Section 15093 requires that if a project will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project. The Statement of Overriding Considerations is attached hereto as Exhibit C, and is incorporated herein by reference. P. Prior to taking action the City Council has heard, been presented with, reviewed, and considered the information and data in the administrative record, as well as oral and written testimony presented to it during meetings and hearings. Q. No comments or any additional information submitted to the City have produced any substantial new information requiring additional environmental review or re-circulation of the EIR under CEQA because no new significant environmental impacts were identified, nor was any substantial increase in the severity of any previously ' disclosed environmental impacts identified. R. At the public hearing before the Planning Commission, Joe Bourgeois of the SoCal Environmental Justice Alliance presented oral comments on the City's environmental review of the Project. The City previously received, considered, and responded to each of these comments when SoCal Environmental Justice Alliance submitted them as written comments on the Draft EIR (see Final EIR, Section 2.0, Comment Letter 4). Each oral comment is summarized below with a reference to the applicable response in the Final EIR: 1. Comment: The Draft EIR states that Project's uses would not require stationary or mobile sources of pollutants that idle or queue for long periods of time. But during the operational phase it can be anticipated that the retail, eating and drinking establishments, and offices will have deliveries or shipments on a regular basis and these can involve stationary or mobile sources of pollutants. Response: Response 4.2 in the Final EIR fully addresses this comment, which the commenter previously submitted as a written comment on the Draft EIR. 2. Comment: The Draft EIR analyzed waste generation based on employees only, but it can be assumed that patrons and deliveries would also ' generate waste. Resos 16-63 4 Response: Response 4.12 in the Final EIR fully addresses this comment, which the commenter previously submitted as a written comment on the Draft EIR. 3. Comment: The Draft EIR provides no evidence that the Rancho California Water District determined there would be adequate water to serve the Project and no water supply assessment was prepared for the Project. Response: Response 4.13 in the Final EIR fully addresses this comment, which the commenter previously submitted as a written comment on the Draft EIR. S. Custodian of Records. The findings made in this Resolution are based upon the information and evidence set forth in the Final EIR and upon other substantial evidence that has been presented at the hearings and in the record of the proceedings. The documents, staff reports, technical studies, appendices, plans, specifications, and other materials that constitute the record of proceedings on which this Resolution is based are on file for public examination during normal business hours at the City Clerk Department, City of Temecula, 41000 Main Street, Temecula, California 92590. The City Clerk of the City of Temecula is the custodian of records, and the documents and other materials that constitute the record of proceedings upon which this decision is based. ' Substantive Findings, The City Council of the City of Temecula, California does hereby: T. Declare that the above Procedural Findings are true and correct, and hereby incorporates them into this Resolution by this reference. U. Find that agencies and interested members of the public have been afforded ample notice and opportunity to comment on the Final EIR and the Project. V. Find and declare that the City Council has independently considered the administrative record before it, which is hereby incorporated by reference and which includes the Final EIR, the written and oral comments on the Draft EIR and Final EIR, responses to comments incorporated into the Final EIR, staff reports and presentations, and all testimony on environmental issues related to the Project. W. Find and determine that the Final EIR fully analyzes and discloses the potential impacts of the Project, and that those impacts have been mitigated or avoided to the extent feasible for the reasons set forth in the Findings attached herein as Exhibit A, with the exception of those impacts found to be significant and unmitigable as discussed therein. X. Find and declare that the Final EIR reflects the independent judgment of the City. The City Council further finds that the additional information provided in the ' staff reports, in comments on the Draft EIR, the responses to comments on the Draft EIR, and the evidence presented in written and oral testimony does not constitute new information requiring recirculation of the EIR under CEQA. None of the information Resos 16-63 5 presented has deprived the public of a meaningful opportunity to comment upon a substantial environmental impact of the Project or a feasible mitigation measure or alternative that the City has declined to implement. Y. Certify the Final EIR as being in compliance with CEQA. The City Council further adopts the Findings pursuant to the California Environmental Quality Act as set forth in Exhibit A; adopts the Mitigation Monitoring and Reporting Program attached as Exhibit B; and adopts the Statement of Overriding Considerations as set forth in Exhibit C. The City Council further determines that all of the findings made in this Resolution (including Exhibit A) are based upon the information and evidence set forth in the Final EIR and upon other substantial evidence that has been presented at the hearings before the Planning Commission and the City Council, and in the record of the proceedings. The City Council further finds that each of the overriding benefits stated in Exhibit C, by itself, would individually justify proceeding with the Project despite any significant unavoidable impacts identified in the Final EIR or alleged in the record of proceedings. Z. The City Council hereby imposes as a condition on the Temecula Gateway Project each mitigation measure specified in Exhibit B, and directs City staff to implement and to monitor the mitigation measures as described in Exhibit B. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 15th day of November, 2016. Michael S. Nag r, Mayor ATT Randi o , City Clerk [SEAL] Resos 16-63 6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 16-63 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 15th day of November, 2016, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, McCracken, Rahn, Naggar NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk Resos 16-63 7 ' Exhibit A FINDINGS AND FACTS IN SUPPORT OF FINDINGS I. Introduction. The California Environmental Quality Act, Public Resources Code § 21000, et seq. ("CEQA") and the State CEQA Guidelines, 14 Cal. Code Regs. § 15000, et seq. ("Guidelines") provide that no public agency shall approve or carry out a project for which an Environmental Impact Report ("EIR") has been certified that identifies one or more significant effects on the environment caused by the project unless the public agency makes one or more of the following findings: 1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effects identified in the EIR. 2. Such changes or alterations are within the responsibility of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. ' Pursuant to the requirements of CEQA, the City Council of the City of Temecula ("Temecula" or "City") hereby makes the following environmental findings in connection with the proposed Temecula Gateway Project (the "Project"). These findings are based upon written and oral evidence included in the record of these proceedings, comments on the Draft EIR and the written responses thereto, the Final EIR, and reports presented to the Planning Commission and the City Council by City staff and the City's environmental consultants. II. Proiect Objectives. As set forth in the EIR, objectives that the City seeks to achieve with this Project (the "Project Objectives") are as follows: A. Provide a planning mechanism to allow flexibility in development regulations and design standards to allow a mix of commercial uses that are cohesive in design and aesthetic appearance, and compatible with the surrounding community. B. Create an aesthetic entry statement to the City and project on Temecula Parkway and minimize impacts to neighboring properties by designing with high quality architecture, landscaping, signage, adequate buffers, screening, drainage, and traffic controls. C. Develop retail and community commercial services that can be adequately ' served by existing public services and utilities. A-1 11086-000612005593v3.doc ' D. Create a commercial development that can capture "pass-by" trips on 1-15 and Temecula Parkway, as well as current and future demand for goods and services from Temecula residents. III. Background. The proposed Project involves the planning and development of six parcels of approximately 8.79 total acres located in the west-central portion of Temecula ("Project Site"). The Project Site is currently designated and zoned as Professional Office in the General Plan and zoning code. The Site is relatively flat and is disturbed with rough grading. It is covered with ruderal vegetation; there are no trees, except six ornamental pine trees along the northwestern boundary. The Site is not developed with any structures. The proposed Project consists of a General Plan Amendment, adoption of a Planned Development District, and a zoning code amendment to regulate all development on the Project Site. The proposed Project would change the Project Site's General Plan designation to Community Commercial and its zoning to PDO-14 Gateway to Temecula Planned Development Overlay District ("PDO-14"). PDO-14 sets standards and regulations related to architecture, setbacks, parking, landscaping, lighting screening, noise, water quality, and other design aspects. The regulations seek to enable use flexibility while ensuring a cohesive design and compatibility with the surrounding community. PDO-14 also proposes certain uses for the six parcels, including a health and exercise club (Parcel 1), a restaurant (Parcel 2), a gas station with a convenience store and second-story office (Parcel 3), retail and a fast-food restaurant (Parcel 4), a coffee shop (Parcel 5), and retail, offices and a fast food restaurant (Parcel 6). IV. Effects Determined to Be Less than Significant/No Impact in the Initial Study/Notice of Preparation and EIR. The City of Temecula issued a Notice of Preparation ("NOP") and conducted an Initial Study to determine the potential environmental effects of the Project. In the course of this evaluation, the Project was found to have no impact in certain impact categories because a project of this type and scope or in this location would not create such impacts or because of the absence of project characteristics producing effects of this type. In the following categories of environmental impacts, the proposed Project was found to have No Impact for the reasons set forth in the Initial Study and EIR. The impacts were not analyzed in the EIR because they required no additional analysis to determine whether the effects could be significant. A. AGRICULTURAL AND FORESTRY RESOURCES The proposed Project would have a less than significant or no impact on agricultural or forestry resources. The Project Site is located in an area of substantial urban growth with little agricultural or forest lands. According to the California Department of Conservation, the Project Site is listed as "Other Land" on the Important Farmland ' Finder interactive website. There is no agricultural land in the vicinity of the proposed A-2 11086-0006\2005593v3.doc ' Project. The site is not under a Williamson Act contract or other land conservation contract, nor do any Williamson Act contract lands or other land conservation contract lands exist in the area. The Project Site does not contain any active forestland or support trees that could be commercially harvested. These conditions preclude the possibility of the proposed Project converting agricultural land or forestland to non-forest use. B. MINERAL RESOURCES 1. The proposed Project would have a less than significant or no impact on mineral resources. The State Geologist has classified areas into Mineral Resource Zones (MRZ) and Scientific Resource Zones. The zones identify the statewide or regional significance of mineral deposits based on the economic value of the deposits and their accessibility. According to the Temecula General Plan, the classification of MRZ-3a has been applied by the State to the City's Planning Area. MRZ-3 areas contain sedimentary deposits that have the potential to supply sand and gravel for concrete and crushed stone for aggregate. However, these areas are not considered to contain deposits of significant economic value, based on available data. The Project Site is not located in a mineral resource area. Based on these factors, development of the proposed Project would have no impact on mineral resources. C. GEOLOGY AND SOILS 1. The proposed Project would not have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water. The use of septic systems or alternative waste water disposal systems is not part of the Project. D. HYDROLOGY AND WATER QUALITY 1. The proposed Project would not place housing within a 100-year flood hazard area. 2. The proposed Project would not place within a 100-year flood hazard area structures which would impede or redirect flood flows. E. NOISE 1. The proposed Project is not located within an airport land use plan or within two miles of a public airport or public use airport. The closest public use airport to the Project Site is French Valley Airport, located approximately 6.5 miles from the Project Site. 2. The proposed Project is not located within the vicinity of a private airstrip. A-3 11 086-0006\2005593v3.doc V. Effects Determined to be Less Than Significant Without Mitigation in the EIR. The EIR found that the proposed Project will have a less than significant impact without the imposition of mitigation on a number of environmental topic areas listed below. A less than significant environmental impact determination was made for each of the following topic areas listed below, based on the more expansive discussions contained in the Final EIR. A. AESTHETICS 1. The Project would not have a substantial adverse effect on a scenic vista or substantially degrade the exiting visual character or quality of the site and its surroundings. The Project Site is not considered to be in an area of significant visual qualities as designated in any local or regional planning documents, nor does it have any significant visual features. In addition, future development would not be expected to block expansive views. If approved, development under the proposed Project would use high quality architectural and landscaping design concepts in compliance with the proposed PDO-14. 2. The Project would not substantially damage scenic resources within a state scenic highway because there are no officially designated state scenic highways in the Project area. ' 3. The Project would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. Current daytime glare and nighttime light sources in the vicinity of the Project Site include I-15, Temecula Parkway, the commercial center, and to a lesser extent, the rural residential land uses to the east of the Project Site. The proposed Project would increase the intensity and density of development throughout the site, which could result in increased light and glare sources. Adherence to existing lighting ordinances in combination with the proposed lighting design would result in a less than significant impact. 4. The Project would have a less than cumulatively considerable impact on aesthetics. B. AIR QUALITY 1. The proposed Project would not conflict with or obstruct implementation of an applicable air quality plan. The proposed Project would not conflict with or obstruct implementation of regional air quality management planning. 2. The Project would not violate any air quality standard or contribute substantially to an existing air quality violation. Construction-generated emissions would not contribute substantially to an existing or projected air quality violation. The proposed Project will not result in long-term operational emissions that could violate or ' substantially contribute to a violation of federal and state standards for ozone and coarse and fine particulate matter. A-4 11086-0006\2005593v3.doc ' 3. The Project would not result in a cumulatively considerable net increase of any criteria pollutant for which the region is in nonattainment. Construction of the proposed Project, in combination with existing, approved, proposed, and reasonably foreseeable development in the South Coast Air Basin, would not significantly contribute to cumulative increases in emissions of criteria air pollutants that could contribute to future concentrations of pollutants for which the region is currently designated nonattainment. 4. The proposed Project would not expose sensitive receptors to substantial concentrations of carbon monoxide or construction-source toxic air contaminant emissions. The proposed Project would not produce the volume of peak hour traffic required to generate a CO hot spot and would not contribute to localized concentrations of carbon monoxide that would exceed applicable ambient air quality standards. Localized air quality impacts related to mobile-source emissions would therefore be less than significant. Construction of the Project would not result in toxic air contaminant emissions in excess of the South Coast Air Quality Management District's localized significance thresholds. 5. The Project would not create objectionable odors affecting a substantial number of people. Development of the proposed Project would not result in exposure of sensitive receptors to substantial odorous emissions. C. BIOLOGICAL RESOURCES 1. The Project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service. Implementation of the proposed Project could result in impacts to sensitive biological communities, including jurisdictional waters. 2. The Project would not have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. 3. The Project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. Implementation of the proposed Project would not interfere with the movement of native resident or migratory fish or wildlife species. 4. The Project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. D. CULTURAL RESOURCES 1. The proposed Project would not cause a substantial change in the significance of a historical resource defined in Public Resources Section 15064.5. A-5 11086-0006%2005593v3.doc ' Implementation of the proposed Project would not cause a substantial adverse change in the significance of a known historical resource. E. GEOLOGY AND SOILS 1. The proposed Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, strong seismic ground shaking, or seismic-related ground failure, including liquefaction, or landslides. The Project Site is located in an area with the potential for fault rupture, but adherence to the requirements of the California Building Code would ensure that people, structures, and infrastructure are not adversely impacted by seismic hazards. The site is not susceptible to liquefaction. 2. The proposed Project would not result in substantial soil erosion or the loss of topsoil. Construction of the proposed Project would require grading, excavating, and other ground-disturbing activities that would expose topsoil, resulting in soil erosion, but implementation of standard erosion control measures would ensure this impact is less than significant. 3. The proposed Project would not be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, or potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. ' 4. The proposed Project would not be located on expansive soil creating substantial risks to life or property. Soil testing indicates that the soils on the Project Site are non-expansive. 5. The proposed Project, in combination with existing, approved, proposed, and reasonably foreseeable development in Temecula and nearby areas of Riverside County, would not contribute to cumulative geologic and soils impacts. F. GREENHOUSE GAS EMISSIONS 1. The proposed Project would not conflict with any applicable plan, policy, or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases. Implementation of the proposed Project would be consistent with the goals of applicable greenhouse gas reduction plans. G. HAZARDS AND HAZARDOUS MATERIALS 1. The proposed Project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Implementation of the proposed Project would involve limited transport, use, storage, and disposal of hazardous materials during construction and operation, but compliance with existing regulations reduces impacts to less than significant. A-6 11086-0006\2005593v3.doc 2. The proposed Project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. The Project Site is located more than 25 miles, but less than 50 miles, from the San Onofre Nuclear Generating Station. The facility is in decommission status and existing emergency procedures are in place. 3. The proposed Project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school. The Project Site is not located within one-quarter mile of an existing or proposed school site. 4. The proposed Project would not be located on a site which is included on a list of hazardous materials sites and, as a result, would not create a significant hazard to the public or the environment. The Project Site has not been listed as a hazardous material release site. 5. The proposed Project is not located within an airport land use plan or within two miles of a public airport or public use airport. The Project Site is located approximately 6.5 miles southwest of the French Valley Airport, which is the only public airport in the vicinity of the Project. 6. The proposed Project is not within the vicinity of a private airstrip. 7. The proposed Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. The proposed Project would not alter the City's overall land use patterns or land use designations to such an extent that they would conflict with the operations or effectiveness of emergency response or evacuation. 8. The proposed Project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. The Project Site is within an area designated by Cal Fire as a High Fire Hazard Severity Zone. Wildland fires would most likely come to the hills west of the Project Site because all of the high fire severity zones are in that direction. Between the Project Site and the potential wildland fire areas are Temecula Parkway, existing commercial and residential development, and Interstate 15. Given this and the fact that the location of the Project Site makes it readily accessible by emergency personnel and vehicles, the potential for wildland fires is remote. 9. Implementation of the proposed Project, in combination with other existing, proposed, and reasonably foreseeable future development in the city, could cumulatively increase exposure of people, property, and the environment to hazardous materials and interference with emergency response. The Project would not contribute to the potential for hazards and hazardous materials impacts under cumulative ' conditions. Therefore, the proposed Project's contribution to significant cumulative A-7 11086-000612005593v3.doc ' impacts to human health associated with hazards and hazardous materials or conditions is less than cumulatively considerable. H. HYDROLOGY AND WATER QUALITY 1. The proposed Project would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. The 8.79- acre Project Site is not large enough to substantially interfere with groundwater recharge. The Rancho California Water District concluded that there would be sufficient water supplies to accommodate the Project's water needs and the Project would have a less than significant impact on water supplies. 2. The proposed Project would not substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial erosion or siltation on- or off-site. The proposed storm drain system would provide sufficient volume to treat storm water for water quality purposes and is designed to properly convey the increased runoff attributable to site development. 3. The proposed Project would not create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. The proposed storm drain system would provide sufficient volume to treat storm water for water quality purposes ' and is designed to properly convey the increased runoff attributable to site development. 4. The proposed Project would not 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. The City's General Plan identifies the Project Site as within the dam inundation area of Vail Lake. Vail Lake is located in the Black Hills, approximately 15 miles east of Temecula. The dam is regulated by the California Division of Safety of Dams, which performs annual maintenance inspections of this and other dams under state jurisdiction, including monitoring for compliance with seismic stability standards. As such, failure of this dam has an extremely low probability of occurring and is not considered to be a reasonably foreseeable event. 5. The proposed Project would not expose people to a significant risk of loss, injury, or death involving inundation by a seiche, tsunami, or mudflow because the Project Site is not located immediately near a coast or large body of water, nor does it have steep slopes. 6. The proposed Project would not substantially alter the existing drainage pattern of the site or area or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site. The Project Site lies outside of a designated floodplain. ' 7. The proposed Project's contribution to cumulative water quality, runoff, and flooding impacts is less than cumulatively considerable. A-8 11086-000fi120055930.doc ' I. LAND USE AND PLANNING 1. The proposed Project would not physically divide an established community. 2. The proposed Project would not conflict with any applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. 3. The proposed Project, when considered together with other development in the City and region, would not result in a significant conflict with an applicable land use plan adopted for the purpose of avoiding or mitigating an environmental effect. J. NOISE 1. Operation of the proposed Project would not expose persons to or generate noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. 2. The proposed Project would not expose persons to or generate excessive groundborne vibration or groundborne noise levels. Impacts related to groundborne vibration and groundborne noise would be less than significant during ' construction and when the Project is operational. 3. The proposed Project would not result in a substantial permanent increase in ambient noise levels in the Project vicinity above levels existing without the Project. Operations would generate increased local traffic with a less than significant increase in ambient noise levels. 4. Operation of the proposed Project would not result in a substantial temporary or periodic increase in ambient noise levels in the Project vicinity above levels existing without the Project. 5. The proposed Project will not result in a substantial contribution to cumulative noise levels. The impact would be considered less than cumulatively considerable. K. POPULATION AND HOUSING 1. The proposed Project would not induce substantial population growth in an area, either directly or indirectly. This Project is not residential in nature, as it involves the development of a neighborhood commercial center. The Project proposes four commercial buildings totaling approximately 66,634 square feet. Any increase in population would be minimal and should not induce substantial population growth. 2. The proposed Project would not displace substantial numbers of ' existing housing, necessitating the construction of replacement housing elsewhere. The A-9 11086-0006\2005593v3.doc Project Site is located on vacant property and would not displace any housing units or people. 3. The proposed Project would not displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. The Project Site is currently vacant of any structures. No housing units or people would be affected, and the construction of replacement housing is not required. 4. The proposed Project would have a less than cumulatively considerable effect on population growth. The proposed Project's potential to induce growth is less than significant on its own. The proposed Project includes adoption of a planned development overlay district to ensure compatible uses are developed on the site and to minimize impacts to neighboring sites though design standards. L. PUBLIC SERVICES 1. The proposed Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for fire protection, police protection, schools, or other public facilities. The fire department already has the necessary equipment to accommodate the Project's proposed uses. ' The Project does not involve the development of residential units that would result in an increase in the City's population. Nor is the Project expected to result in a large increase in employment in the area. No additional officers are needed based on officer to population ratios. Because the Project would not result in an increase in the City's population, no increase in student population would result from the Project. 2. The proposed Project would not have a cumulatively considerable contribution to impacts related to fire protection, police protection, schools, or other public facilities. M. RECREATION 1. The proposed Project would not 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. The proposed uses would not result in significant population growth and use of parks. 2. The proposed Project would not include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. The types of uses proposed do not include or require construction or expansion of recreational facilities because they do not induce significant population growth. A-10 11086-0006\2005593v3.doc N. TRANSPORTATION AND CIRCULATION 1. The proposed Project would not 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. The Project Site is located approximately 6.5 miles southwest of French Valley Airport, which is the only public airport in the vicinity. 2. The proposed Project would not result in inadequate emergency access. Access to the Project Site would be provided by Temecula Parkway through the Project's proposed four-lane driveway. The Temecula Fire Department has determined that the proposed emergency access and the main driveway would be adequate to meet the Fire Department's access standards. 3. The proposed Project would not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. The Project Site is served by RTA Route 24. No additional bus routes are needed to serve the Project. Currently there are no bicycle facilities along Temecula Parkway in the vicinity of the Project Site and the Project would not impede a planned bike lane. There is an existing sidewalk on Temecula Parkway adjacent to the Project Site. Currently, there are no sidewalks along La Paz Road and Vallejo Avenue adjacent to the Project Site. The Project applicant proposes the construction of a sidewalk to enhance pedestrian circulation in these ' areas. O. UTITILIES AND SERVICE SYSTEMS 1. The proposed Project would have sufficient water supplies available to serve the Project from existing entitlements and resources and new or expanded entitlements not needed. 2. The proposed Project would not 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 3. The proposed Project would not exceed wastewater treatment requirements of the San Diego Regional Water Quality Control Board. The proposed Project will result in a wastewater demand of 22,260 gallons per day, and the current treatment capacity of the Temecula Valley Regional Wastewater Reclamation Facility is 14 million gallons per day, so the proposed Project would result in an increase of less than 0.16 percent. 4. The proposed Project would not require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. 5. The proposed Project would not result in a determination by the San Diego Regional Water Quality Control Board that it has inadequate capacity to serve the Project's projected demand in addition to the provider's existing commitments. A-11 11086-000612005593v3.doc ' The Eastern Municipal Water District has indicated that there is current capacity in its wastewater facilities and infrastructure to serve the proposed Project. 6. The proposed Project would be served by a landfill with sufficient permitted capacity to accommodate the Project's solid waste disposal needs. The peak allowed daily tonnage for the main disposal site in the vicinity, the Badlands Sanitary Landfill, is 4,500 tons. The proposed Project is estimated to produce 1.83 tons per day. The proposed Project would result in a 0.06 percent increase in the amount of daily solid waste delivered to this landfill, well within the designed peak daily tonnage. 7. The proposed Project would comply with federal, state, and local statutes and regulations related to solid waste. VI. Potentially Significant Environmental Impacts Determined to be Mitigated to a Less Than Significant Level. The EIR identified the potential for the Project to cause significant environmental impacts in the areas of Air Quality, Biological Resources, Cultural and Paleontological Resources, Hydrology and Water Quality, Noise, and Transportation and Circulation. Measures have been identified that would mitigate all of the impacts in this section to a less than significant level. The City Council finds that mitigation measures identified in the Final EIR would reduce ' the Project's impacts to a less than significant level, with the exception of those unmitigable impacts discussed in Section VII. The City Council adopts all of the feasible mitigation measures for the Project described in the Final EIR as conditions of approval of the Project and incorporates those into the Project, as discussed more fully in Mitigation Monitoring and Reporting Program. A. AIR QUALITY 1. Exposure of Sensitive Receptors to Substantial Mobile-Source Air Pollutant Concentrations During Operations. Impact 3.2.6: Implementation of the proposed Project would result in increased exposure of sensitive land uses to stationary or mobile-source pollutant concentrations. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to operational mobile-source air pollutants. Specifically, the following measures have been included to ensure that the Project's potential air quality impacts remain less than significant. MM 3.2.6: Air quality—sensitive land uses (as defined by the SCAQMD and GARB) proposed within 500 feet of Interstate 15 (not including non- A-12 11086-0006\2005593v3.doc ' sensitive components, such as parking lots) shall be required to prepare a health risk assessment (HRA). Based on the findings in the HRA, appropriate measures shall be taken, if necessary, to reduce the cancer risk resulting from TAC exposure from Interstate 15 to below 10 in one million for the maximally exposed individual. These measures may include, but are not limited to, implementation of air filtration/purification systems at the sensitive land use. Such air filtration/purification systems can be installed and maintained either on an individual unit-by-unit basis, with individual air intake and exhaust ducts ventilating portions of the new sensitive land use separately, or through a centralized building ventilation system, whichever is more appropriate. The ventilation system must be certified to achieve a performance effectiveness as determined in the HRA; for example, to remove at least 85 percent of ambient PM2.5 concentrations from indoor areas. Air intakes must be oriented away from emission sources areas, such as Interstate 15. Users may factor in the amount of time that receptors spend indoors versus out-of-doors to account for air filtration systems in modeling, provided that all assumptions are justified with scientific documentation. b. Facts in Support of Findings The proposed Project would not result in significant levels of mobile-source emissions, ' such as gasoline vapors for diesel particulate matter, and would not expose sensitive receptors to Project-source toxic air contaminants. (See EIR, Table 3.2-12.) However, the western corner of the Project Site is located within 500 feet of Interstate 15 and CARB Guidelines indicate that siting new sensitive land uses within 500 feet of a freeway, such as Interstate 15, should be avoided when possible. This 500-foot buffer was developed to protect sensitive receptors from exposure to diesel PM and was based on traffic-related studies that showed a 70 percent drop in PM concentrations at a distance of 500 feet from the roadway. The western corner of the Project Site is located approximately 415 feet from Interstate 15 and is therefore within the CAR B-recommended buffer area. The eastern half of the Project Site is approximately 750 feet from Interstate 15 at its nearest point. Sensitive land uses are defined as facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants. For instance, a health club would be considered a sensitive receptor. The proposed land uses for the eastern half of the Project Site are not considered sensitive receptors and are outside the 500-foot buffer area. However, the Project would allow development of future unknown uses on the western half of the site, which is partially located within the 500- foot buffer. As such, a future use on the western half of the Project Site could be a sensitive receptor. In the event that a sensitive land use is constructed within the CARB-recommended buffer area on the western half of the Project Site, it would have the potential to expose ' those sensitive receptors to substantial pollutant concentrations. A-13 11 086-0006\2005593v3.d oc ' Mitigation Measure MM 2.3.6 requires a health risk assessment before any sensitive land uses within 500 feet of Interstate 15 receive a building permit. Based on the results of that study, risks resulting from toxic air contaminant exposure must be reduced to below ten in one million through measures such as air filtration. Although the proposed Project does not include any land uses considered to be sensitive receptors, this mitigation measure ensures that any potential sensitive use in the future will not be exposed to substantial toxic air contaminants because it requires measures to reduce exposure. B. BIOLOGICAL RESOURCES 1. Impacts to Candidate, Sensitive, or Special Status Plant Species. Impact 3.3.1: Implementation of Project-related activities could result in adverse effects, either directly or through habitat modifications, to special- status plant species. The Project has a potential to reduce the number or restrict the range of an endangered, rare, or threatened plant species or biotic community, thereby causing the species or community to drop below self-sustaining levels. The proposed Project has a potential to adversely effect, either directly or through habitat modifications, plant species identified as a candidate, sensitive, or special status species. ' a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to protected species. Specifically, the following measures have been included to ensure that the Project's potential impacts are less than significant. Measure MM 3.3.1 MSHCP Fees: The applicant shall pay applicable Local Development Mitigation fees, as established and required by the Regional Conservation Authority and City of Temecula, for continued implementation of the Western Riverside County MSHCP. b. Facts in Support of Findings Suitable habitat for San Diego ambrosia and smooth tarplant occurs within the Project study area. Both species are covered under the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"). The Western Riverside County MSHCP is a comprehensive, multijurisdictional habitat conservation plan focusing on the conservation of species and their associated habitats in western Riverside County. Compliance with the MSHCP will ensure that direct, indirect, and cumulative impacts to these species are less than significant. ' Payment of the mitigation fee and compliance with all applicable requirements of the MSHCP provide full mitigation under CEQA, the Endangered Species Act, and the A-14 11086-0006\20055930A California Endangered Species Act for impacts to MSHCP covered species and habitats. The Environmental Impact Report/Environmental Impact Statement (EIR/EIS) (State Clearinghouse No. 2001101108, CEQA Number 020463, ERP Number SFW-K99032- CA) prepared for the MSHCP was a project-specific EIR/EIS and found that with a combination of impact reduction features incorporated into the MSHCP, including reserve configuration, adaptive management and monitoring, and species survey and avoidance/minimization policies, development consistent with the MSHCP would have less than significant impacts to covered species. Mitigation Measure 3.3.1 requires the applicant to pay MSHCP fees before commencement of construction activities. Because compliance with and payment to the MSHCP constitutes full mitigation under CEQA, impacts would be less than significant with this mitigation measure incorporated. 2. Impacts to Migratory Birds and Raptors Impact 3.3.2: Implementation of Project-related activities could result in substantial adverse effects, either directly or through habitat modifications, to migratory birds and raptors. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects to migratory birds and raptors. Specifically, the following measures have been included to ensure that the Project's potential impacts are reduced to less than significant. Measure MM 3.3.2a Migratory Bird Surveys: If clearing and/or construction activities occur during the nesting season (January 15— August 31), preconstruction surveys for nesting raptors, special-status resident birds, and other migratory birds protected by the Migratory Bird Treaty Act shall be conducted by a qualified biologist, up to 3 days before initiation of construction activities. The qualified biologist shall survey the construction zone and a 250-foot radius surrounding the construction zone to determine whether the activities taking place have the potential to disturb or otherwise harm nesting birds. If an active nest is located within 100 feet (250 feet for raptors) of construction activities, the project applicant shall establish an exclusion zone (no ingress of personnel or equipment at a minimum radius of 100 feet or 250 feet, as appropriate, around the nest). Alternative exclusion zones may be established through consultation with the CDFW and the USFWS, as necessary. The City shall be notified if altered exclusion zones widths are authorized by these agencies prior to the initiation of ' work. The exclusion zones shall remain in force until all young have fledged. A-15 11086-0006\2005593v3.doc ' Measure MM 3.3.2b: Per MSHCP Species-Specific Objective 6, preconstruction presence/absence surveys for burrowing owl on the Project Site, where suitable habitat is present, will be conducted for all covered activities throughout construction. Surveys will be conducted within 30 days prior to disturbance. If no potential burrows are identified, no further surveys are required. Take of active nests will be avoided. If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. Surveys shall be completed for occupied burrowing owl burrows in all construction areas and within 500 feet (150 meters) of the project work areas (where possible and appropriate based on habitat). All occupied burrows will be mapped on an aerial photo. If burrowing owls are found to be present on-site, the project applicant shall develop a conservation strategy in cooperation with the CDFW, the USFWS, and the Regional Conservation Authority in accordance with the CDFW's (2012) Staff Report on Burrowing Owl Mitigation. b. Facts in Support of Findings A habitat assessment and focused burrow survey found no suitable habitat or burrows in the Project study area, and it was determined that further focused surveys are not ' required. (See EIR, Appendix 3.3.) Nonetheless, it is possible that the Project study area may still provide suitable nesting and/or foraging habitat for migratory birds even though none are known to occur in the area. All native breeding birds (except game birds during the hunting season) are protected under the MBTA. If nesting birds are present, vegetation clearing in undisturbed portions of the PSA during the nesting season could result in direct impacts. Furthermore, noise and other human activity may result in nest abandonment if nesting birds are present within 100 feet of a work site. Because of the presence of suitable habitat for migratory birds, Project-related activities may result in adverse impacts should the species be present in areas proposed for disturbance. Mitigation Measure 3.3.2a requires pre-construction surveys before any clearing or construction activities can commence during the nesting season (January 15—August 31). If an active nest is located in the near vicinity, the Project applicant must establish an exclusion zone of 100 feet or 250 feet. This mitigation measure ensures that clearing and construction will not significantly impact resident or migratory birds nesting near the Project site. Mitigation Measure 3.3.2b further requires surveys for burrowing owls within 30 days before any construction or disturbance for all areas 500 feet around the Project work areas. This mitigation measure ensures that activities will not significantly impact burrowing owls, if any exist in the vicinity of the Project site. ' 3. Conflicts with Provisions of an HCP or NCCP A-16 11086-0006\2005593v3.doc ' Impact 3.3.6 Implementation of the proposed Project could conflict with the provisions of the Western Riverside County MSHCP. a. Findings The Project has a potential to conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to conflicts with a habitat conservation plan. Specifically, the following measures have been included to ensure that the Project's impacts are less than significant. Measure MM 3.3.1 MSHCP Fees: The applicant shall pay applicable Local Development Mitigation fees, as established and required by the Regional Conservation Authority and City of Temecula, for continued implementation of the Western Riverside County MSHCP. Measure MM 3.3.2b: Per MSHCP Species-Specific Objective 6, preconstruction presence/absence surveys for burrowing owl on the Project Site, where suitable habitat is present, will be conducted for all covered activities throughout construction. Surveys will be conducted within 30 days prior to disturbance. If no potential burrows are identified, ' no further surveys are required. Take of active nests will be avoided. If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. Surveys shall be completed for occupied burrowing owl burrows in all construction areas and within 500 feet (150 meters) of the project work areas (where possible and appropriate based on habitat). All occupied burrows will be mapped on an aerial photo. If burrowing owls are found to be present on-site, the project applicant shall develop a conservation strategy in cooperation with the CDFW, the USFWS, and the Regional Conservation Authority in accordance with the CDFW's (2012) Staff Report on Burrowing Owl Mitigation. b. Facts in Support of Findings The MSHCP protects and preserves certain habitats and species in the region. The MSHCP delineates particular areas of concern through the identification of specific areas known as Criteria Cells. Areas identified as Criteria Cells typically have certain restrictions on development and land alterations. The Project study area is not within a Criteria Cell or any other special conservation area. However, the proposed Project is located within the Burrowing Owl Survey Area. ' Although no suitable habitat was identified in the initial habitat assessment, burrowing owls have the potential to become established in the future. Therefore, to comply with A-17 11086-000612005593v3.doc ' the MSHCP, preconstruction surveys must be conducted within 30 days of any ground- disturbing activities. In addition, the MSHCP requires a fee for development in Mitigation Fee Areas, which are land areas that occur within the MSHCP. These fees are used to minimize effects to and protect certain native species. The Project Site is located in the MSHCP Mitigation Fee Area (Riverside County Ordinance 810.2). It is also located in the Stephens' Kangaroo Rat Mitigation Fee Area (Riverside County Ordinance 663). Therefore, to comply with the MSHCP, fees must be paid before development of the Project. Mitigation Measures 3.3.1 and 3.3.2b specifically impose these MSHCP-related requirements. As such, impacts would be less than significant with adherence to the standard conditions, existing requirements, and mitigation measure MM 3.3.1 and MM 3.3.2b. 4. Cumulative Biological Impacts a. Findings The proposed Project, in combination with existing, approved, proposed, and reasonably foreseeable development in the immediate area of the proposed Project, will result in the conversion of habitat and impact biological resources. Changes or alterations have been required in or incorporated into the Project which avoid or ' substantially lessen the potentially significant environmental effects related to conflicts with a habitat conservation plan. Specifically, the Mitigation Measures 3.3.1, 3.3.2a, and 3.3.3b above reduce impacts to less than significant. b. Facts in Support of Findings Development of the proposed Project will continue and contribute to urbanization of the area. The City, along with other jurisdictions in western Riverside County, participates in the MSHCP. The MSHCP is designed to protect over 150 species and conserve over 500,000 acres in western Riverside County. Project compliance with the MSHCP and the Stephens' Kangaroo Rat Habitat Conservation Plan fully mitigates for impacts on covered species and ensures large segments of natural communities in western Riverside County will be preserved. As such, participation in and compliance with the MSHCP will reduce the Project's contribution to cumulative impacts to a less than cumulatively considerable level. C. CULTURAL RESOURCES 1. Archaeological Resources Impact 3.5.2: Implementation of the proposed Project is unlikely to result in a substantial adverse change in the significance of an archaeological resource or the potential disturbance of currently undiscovered cultural ' resources (i.e., prehistoric archaeological sites, historical archaeological sites, and isolated artifacts and features). However, because of the A-18 11086-0006\2005593v3.d oc ' potential for unanticipated discoveries, this impact is considered potentially significant. a. Findings The proposed Project has a potential to cause a substantial adverse change in the significance of an archaeological resource. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects to archaeological resources. Specifically, the following measures have been included to ensure that the Project's impacts are less than significant. Measure MM 3.5.2: During any ground-disturbing activities, a member of the Pechanga Tribe and a certified archaeologist will be required to monitor. If during grading or construction activities cultural resources are discovered on the Project Site, work shall be halted immediately within 50 feet of the discovery and the resources shall be evaluated by a qualified archaeologist and the Pechanga Tribe (Tribe). The developer, the project archaeologist, and the Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Any unanticipated cultural resources that are discovered shall be evaluated and a final report prepared by the qualified archaeologist. ' The report shall include a list of the resources discovered, documentation of each site/locality, and interpretation of the resources identified, and the method of preservation and/or recovery for identified resources. In the event the significant resources are recovered and if the qualified archaeologist and the Tribe determine the resources to be historic or unique, avoidance and/or mitigation would be required pursuant to and consistent with CEQA Guidelines Sections 15064.5 and 15126.4 and Public Resources Code Section 21083.2. b. Facts in Support of Findings The Project Site was investigated by a professional archaeologist, who concluded that there were no identifiable cultural resources within the Project area. However, ground- disturbing activities during construction and development of the Project have a potential to uncover previously unidentified archaeological resources within the Project Site. Mitigation Measure 3.5.2 requires a Tribe member and certified archaeologist to monitor grading and construction. If cultural resources are discovered, work must halt. immediately within 50 feet of the discovery and avoidance or mitigation is required as appropriate based on a determination of the Tribe member and archaeologist. As such, this mitigation measure would ensure that any potential unanticipated impacts to archaeological resources are reduced to less than significant. ' A-19 11 086-0006\2005593v3.d oc 2. Impacts to Paleontological Resources Impact 3.5.3: Implementation of the proposed Project could inadvertently result in the potential disturbance of paleontological resources (i.e., fossils and fossil formations) on the Project Site. a. Findings The proposed Project has a potential to result in impacts to a unique paleontological resource or site or unique geologic feature. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects to paleontological resources. Specifically, the following measures have been included to ensure that the Project's potential cultural and paleontological resource impacts remain less than significant. Measure MM 3.5.3: If subsurface deposits believed to be of paleontological significance are discovered during construction, all work must halt within a 50-foot radius of the discovery. An on-site paleontological monitor meeting the Secretary of the Interior's Professional Qualification Standards for paleontology shall be retained by the project applicant and shall be afforded a reasonable amount of time to evaluate the significance of the find. Work cannot continue at the ' discovery site until the paleontologist conducts sufficient research and data collection to make a determination that the resource is either not a paleontological resource or not potentially significant. If a potentially eligible resource is encountered, the paleontologist, the City of Temecula, and project proponent shall arrange for either (1) total avoidance of the resource, if possible, or (2) test excavations to evaluate eligibility and, if eligible, total data recovery as mitigation. The determination shall be formally documented in writing and submitted to the City as verification that the provisions in CEQA for managing unanticipated discoveries have been met. b. Facts in Support of Findings Based on searches of paleontological records by the San Bernardino County Museum, from the University of California Museum of Paleontology database, and the Paleobiology Database, there are no records of fossils within the proposed boundaries or within a one-mile radius of the Project Site. On April 27, 2015, a paleontologically cross-trained archaeologist surveyed the Project area by walking in parallel transects spaced at approximately 15-meter intervals over the Project Site while closely inspecting the ground surface. Existing disturbances (e.g., rodent burrows, ditches) were examined for artifacts or buried cultural and fossil deposits. The percentage of ground visibility ranged from 0 to 60 percent throughout the Project area due to dense grasses and invasive weeds. A drainage running north to south with an exposed six-foot sidewall is located in the central southern portion of the A-20 11086-0006Q0055930.doc survey area. No paleontological resources were observed within or immediately adjacent to the Project area. Although the records search and the survey did not identify any paleontological resources on the Project Site, deeper excavations extending to older sedimentary deposits may uncover significant vertebrate fossils. Fossils have been recovered from the Quaternary alluvial sediments and from the sandstone facies of the Pauba Formation in the vicinity. Mitigation Measure 3.5.3 requires the applicant to retain an on-site paleontological monitor and halt work within a 50-foot radius if subsurface deposits believed to be of paleontological significance are discovered during construction. Avoidance or mitigation is required to prevent any significant impacts. As such, if Project construction uncovers any unanticipated paleontological resources, this mitigation measure would ensure that impacts are reduced to less than significant. 3. Impacts to Human Remains (Standard of Significance 4) Impact 3.5.4: No human remains have been identified on the Project Site; however, implementation of the proposed Project could result in the inadvertent disturbance of currently undiscovered human remains. Any discovery of human remains would trigger state law governing the treatment of human remains. This impact is considered to be potentially ' significant. a. Findings Construction of the proposed Project has a potential to disturb human remains. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects to human remains. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. Measure MM 3.5.4: If human remains are encountered, California Health and Safety Code Section 7050.5 requires that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within a reasonable time frame. Subsequently, the Native American Heritage Commission shall identify the "most likely descendant" within 24 hours of receiving notification from the coroner. The most likely descendant shall then have 48 hours to make recommendations and engage in consultations concerning the treatment of the remains as ' provided in Public Resources Code Section 5097.98. A-21 11086-0006\2005593v3.doc b. Facts in Support of Findings Although no human remains have been identified on the Project Site, implementation of the proposed Project would include ground-disturbing construction activities that could result in the inadvertent disturbance of currently undiscovered human remains. Procedures of conduct following the discovery of human remains on non-federal lands are mandated by Health and Safety Code Section 7050.5, by Public Resources Code Section 5097.98, and by CEQA in California Code of Regulations Section 15064.5(e). According to these provisions, should human remains be encountered, all work in the immediate vicinity of the burial must cease, and any necessary steps to ensure the integrity of the immediate area must be taken. The remains are required to be left in place and free from disturbance until a final decision as to the treatment and their disposition has been made. The Riverside County Coroner would be immediately notified, and the coroner would then determine whether the remains are Native American. Any discovery of human remains within the Project Site would be subject to these procedural requirements. Compliance with these requirements would reduce impacts associated with the unanticipated discovery or disturbance of human remains to a less than significant level and, further, Mitigation Measure 3.5.3 expressly requires that construction work halt if subsurface deposits are discovered that are believed to be of paleontological significance. ' D. HYDROLOGY AND WATER QUALITY 1. Construction Impacts to Water Quality and Water Quality Standards Impact 3.8.1: Construction and operation of the proposed Project could result in erosion or a degradation of downstream surface water and groundwater resources. a. Findings Construction of the proposed Project has a potential to violate water quality standards or otherwise substantially degrade water quality. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects to water quality and water quality impacts to less than significant. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. Measure MM 3.8.1a: The project developer shall comply with the NPDES Construction General Permit regulations in effect at the time so as not to violate any water quality standards or waste discharge requirements. Compliance with the Construction General Permit would include filing of a Notice of Intent with the SWRCB and the preparation of a SWPPP incorporating construction BMPs for control of erosion and sedimentation contained in stormwater runoff. A-22 11086-0006\2005593v3.doc Measure MM 3.8.1 b: As a condition of approval, the project will be required to generate a project-specific Water Quality Management Plan (WQMP), as required by the City of Temecula Stormwater Ordinance and as specified in the City's Jurisdictional Runoff Management Plan. Potential BMPs required by the WQMP include scheduling, minimization of vegetation disturbance, sandbags, vehicle fueling and maintenance in designated areas, and storm drain stenciling. This WQMP shall be reviewed and approved by the City of Temecula prior to the issuance of a building or grading permit. b. Facts in Support of Findings Urban runoff (both dry and wet weather) discharges into storm drains and, in most cases, flows directly to creeks, rivers, lakes, and the ocean. Polluted runoff can have harmful effects on drinking water, recreational water, and wildlife. Urban runoff pollution includes a wide array of environmental, chemical, and biological compounds from both point and nonpoint sources. In the urban environment, stormwater characteristics depend on site conditions, rain events, soil type and particle sizes, multiple chemical conditions, the amount of vehicular traffic, and atmospheric deposition. Major pollutants typically found in runoff from urban areas that could contribute to impaired water bodies include bacterial indicators, metals, nutrients, pesticides, ' sediments, oil and grease, and toxicity. (See EIR, Table 3.8-1.) Urban runoff can be divided into two categories. Dry weather urban runoff occurs when there is no precipitation-generated runoff, which generally results from point on-site water usage. Wet weather urban runoff refers collectively to nonpoint source discharges that result from precipitation events, which includes stormwater runoff. Construction of the proposed Project could expose soils to potential mobilization by rainfall/runoff and wind. Such construction activities include removal of vegetation, grading of the site, and construction of new buildings, associated infrastructure including internal roads, and landscaped areas. Water quality could be impacted by sediments, turbidity, and sediment releases. Mitigation Measure 3.8.1 a, as described above, requires the Project applicant to adhere to the Construction General Permit and utilize typical erosion and sediment control best management practices (identified in the stormwater pollution prevention plan ("SWPPP") to prevent construction pollutants from contacting stormwater and to keep all products of erosion from moving off-site into receiving waters. The Construction General Permit requires the SWPPP to include a menu of best management practices ("BMP") to be selected and implemented to address erosion and sediment control as well as control of other potential construction site materials. The BMPs are based on the phase of construction and the weather conditions. The Project-specific SWPPP will address site-specific conditions related to Project construction. A-23 11086-0006\2005593v3.doc ' In addition, Mitigation Measure 3.8.1 b, as described above, requires compliance with the City's Stormwater and Urban Runoff Management and Discharge Controls, which establishes requirements to reduce pollutant discharges from construction sites. The applicant must generate and comply with a Water Quality Management Plan ("WQMP"), as required by the City of Temecula Stormwater Ordinance (City Municipal Code Chapter 8.28) and specified in the City's Jurisdictional Runoff Management Plan. The City's Jurisdictional Runoff Management Plan provides a list of minimum BMPs specific to all construction activities in Temecula. Further, new development is required to be designed to control pollutants in stormwater and urban runoff so as to prevent any deterioration of water quality that would impair subsequent or competing uses of the receiving waters. The City Engineer approves the BMPs that would be implemented to prevent deterioration and approves the manner of implementation. Implementation of Mitigation Measures 3.8.1a and 3.8.1b would ensure that construction of the proposed Project has a less than significant impact on water quality and ensure that construction would not violate applicable water quality standards. 2. Operational Impacts to Water Quality and Water Quality Standards Impact 3.8.1: Construction and operation of the proposed Project could result in erosion or a degradation of downstream surface water and groundwater resources. ' a. Findings Operation of the proposed Project has a potential to violate water quality standards or otherwise substantially degrade water quality. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects to water quality and water quality impacts to less than significant. Specifically, the Mitigation Measures MM 3.8.1a and 3.8.1b, described above, ensure that operation of the Project would result in less than significant impacts to water quality. b. Facts in Support of Findings Operation of the proposed Project would result in urbanization of the Project Site and substantially alter existing site conditions. This conversion would increase the impervious surface area of the site through the introduction of new driveways, parking areas, rooftops, and other surfaces. An increase in impervious surface area would increase runoff potentially containing oil and grease, heavy metals, chemicals, and other urban pollutants. Runoff from the proposed landscape areas could also contribute pollutants from fertilizers and pesticides. The Project Site is tributary to Murrieta Creek, the Santa Margarita River (lower and upper), the Santa Margarita Estuary, and the Pacific Ocean. Urbanization in general has the potential to add to the pollutants that currently impair Murrieta Creek, the Santa ' Margarita River, and the Santa Margarita Estuary. Murrieta Creek is impaired for chlorpyrifos, copper, iron, manganese, nitrogen, phosphorus, and toxicity, and the A-24 11086-0006\2005593v3.doc Santa Margarita River is impaired for phosphorus and toxicity in the upper region and phosphorus, nitrogen, enterococcus, and fecal coliform in the lower region. The Santa Margarita Estuary is impaired for nutrients (eutrophic). The Project would be required to adhere to City Municipal Code Chapter 8.28, which mandates the implementation of several source control and treatment control BMPs to reduce the discharge of pollutants to the maximum extent practicable. Municipal Code Chapter 8.28 also requires the preparation of Project-specific water quality management plans to comply with waste discharge requirements. The WQMP prepared for the Project (see EIR, Appendix 3.8-B) targets control of pollutants in runoff typically produced by urban development (e.g., bacteria and viruses, nutrients, trash, oil and grease, sediment, oxygen-demanding substances, and pesticides). The Project's WQMP addresses pollutants (i.e., toxicity, total dissolved solids, phosphorus, copper, nutrients, and chlorpyrifos) that have impaired receiving waters. BMPs are incorporated into the design of the on-site storm drain system to treat runoff to the maximum extent practicable. For instance, the Project proposes to include catch basin filter inserts in all inlets/catch basins on-site as a pre-treatment measure. The catch basin filter inserts will remove dirt and oil from runoff before it enters the on-site storm drain system. In addition, the proposed storm drainage improvements for the Project include the incorporation of seven bioretention planters designed to treat the necessary volume of water. (See EIR, Appendix 3.8-A). The proposed bioretention planters have the required surface area and storage volume to adequately treat the Project Site for water quality purposes. Furthermore, the San Diego Regional Water Quality Control Board ("RWQCB") issues permits and waste discharge requirements that require water not be discharged in a manner that would cause an exceedance of applicable water quality objectives or adversely affect beneficial uses designated in the Basin Plan. The San Diego RWQCB requires implementation of various site design BMPs and treatment control BMPs, including low-impact development BMPs, avoidance of critical sediment yield areas, and protection of trash storage from rainfall and runoff. (See EIR, Appendix 3.8-C.) As discussed above, Mitigation Measures 3.8.1a and 3.8.1b require compliance with the SWRCB statewide general permits for construction and dewatering as well as City requirements in the Municipal Code, Jurisdictional Runoff Management Program, and Storm Water.Management Plan. These mitigation measures, together with implementation of the Project's proposed storm drain system and compliance with applicable requirements and BMPs, would remove sediment and pollutants from site runoff. These measures and requirements minimize impacts to downstream surface water and groundwater resources and ensure that operation of the Project would have a less than significant impact on water quality. A-25 11086-0006\2005593v3.doc E. LAND USE AND PLANNING 1. Conflicts with Provisions of an HCP or NCCP Impact 3.3.6 Implementation of the proposed Project could conflict with the provisions of the Western Riverside County MSHCP. The Project's potential impacts to or conflicts with the Western Riverside County MSHCP are discussed in the Biological Resources section above to address the CEQA Guidelines, Appendix G standard of whether the Project would conflict with the provisions of an adopted Habitat Conservation Plan. Nonetheless, the EIR restates this standard of significance in its Land Use and Planning analysis without additional discussion. As such, the Project's potential impacts to or conflicts with the Western Riverside County MSHCP are presented again here. a. Findings The Project has a potential to conflict with the provisions of an applicable Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to conflicts with a habitat conservation plan. Specifically, the following measures have been included to ensure that the Project's ' impacts are less than significant. Measure MM 3.3.1 MSHCP Fees: The applicant shall pay applicable Local Development Mitigation fees, as established and required by the Regional Conservation Authority and City of Temecula, for continued implementation of the Western Riverside County MSHCP. Measure MM 3.3.2b: Per MSHCP Species-Specific Objective 6, preconstruction presence/absence surveys for burrowing owl on the Project Site, where suitable habitat is present, will be conducted for all covered activities throughout construction. Surveys will be conducted within 30 days prior to disturbance. If no potential burrows are identified, no further surveys are required. Take of active nests will be avoided. If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. Surveys shall be completed for occupied burrowing owl burrows in all construction areas and within 500 feet (150 meters) of the project work areas (where possible and appropriate based on habitat). All occupied burrows will be mapped on an aerial photo. If burrowing owls are found to be present on-site, the project applicant shall develop a conservation strategy in cooperation with the CDFW, the USFWS, and the Regional Conservation Authority in accordance with the CDFW's (2012) Staff Report on Burrowing Owl Mitigation. A-26 11086-0006120055930.doc b. Facts in Support of Findings The MSHCP protects and preserves certain habitats and species in the region. The MSHCP delineates particular areas of concern through the identification of specific areas known as Criteria Cells. Areas identified as Criteria Cells typically have certain restrictions on development and land alterations. The Project study area is not within a Criteria Cell or any other special conservation area. However, the proposed Project is located within the Burrowing Owl Survey Area. Although no suitable habitat was identified in the initial habitat assessment, burrowing owls have the potential to become established in the future. Therefore, to comply with the MSHCP, preconstruction surveys must be conducted within 30 days of any ground- disturbing activities. In addition, the MSHCP requires a fee for development in Mitigation Fee Areas, which are land areas that occur within the MSHCP. These fees are used to minimize of effects to and protect certain native species. The Project Site is located in the MSHCP Mitigation Fee Area (Riverside County Ordinance 810.2). It is also located in the Stephens' Kangaroo Rat Mitigation Fee Area (Riverside County Ordinance 663). Therefore, to comply with the MSHCP, fees must be paid before development of the Project. Mitigation Measures 3.3.1 and 3.3.2b specifically impose these MSHCP-related ' requirements. As such, impacts would be less than significant with adherence to the standard conditions, existing requirements, and Mitigation Measures MM 3.3.1 and MM 3.3.2b. F. TRANSPORTATION AND CIRCULATION 1. Traffic Hazards Due to a Design Feature or Incompatible Use Impact 3.13.3: Implementation of the proposed Project will result in increased hazards due to insufficient vehicle stacking length. a. Findings The proposed Project has a potential to substantially increase hazards due to a design feature or incompatible uses. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to traffic hazards. Specifically, the following measures have been included to ensure that the Project's potential impacts are less than significant. Measure MM 3.13.3: The project applicant shall construct the following roadway improvements: • Northbound (from Bedford Court) A-27 11086-0006\2005593v3.doc • One left turn lane and one shared through/right turn lane; and • Protected left turn phasing • Southbound (from Gateway Drive) • Two left turn lanes (limited to 110 feet in length due to location of on-site driveways); • One shared through/right turn lane, and • Protected left turn phasing • Eastbound (from Temecula Parkway) o One left turn lane with minimum stacking length of 220 feet. b. Facts in Support of Findings The Project Site plan indicates that the Project access driveway (Gateway Drive) will be constructed with two inbound lanes and two outbound lanes north at the Gateway Drive/Temecula Parkway intersection. An internal driveway intersection will be constructed approximately 120 feet north of Temecula Parkway. A vehicle stacking length of approximately 110 feet would be provided for queuing in the southbound approach lanes at the intersection with Temecula Parkway. Pedestrians are currently not allowed to cross Temecula Parkway at the existing intersection. Due to the close spacing of the intersection with the 1-15 Northbound Ramps/Temecula Parkway intersection, it was also assumed that pedestrians would not be allowed to cross Temecula Parkway at the Bedford Court-Gateway Drive intersection. A pedestrian crosswalk is currently located across Temecula Parkway at La Paz Road, near the southeast corner of the Project Site. The environmental analysis assumes that the northbound and southbound left turns of Bedford Court-Gateway Drive/Temecula Parkway intersection will include left turn phasing. The longest queue length needed for the eastbound left turn lane is 219 feet and occurs during the AM peak hour under Opening Year (2017) with Project conditions. The longest southbound left turn queue length is 300 feet and occurs during the PM peak hour under cumulative with Project conditions. Under Buildout Year (2035) conditions, queue lengths are somewhat reduced due to a decrease in volumes on Temecula Parkway as a result of the construction of the Eastern Bypass from Pechanga Parkway to Interstate 15. However, southbound left turn queue length still exceeds 200 feet under Buildout Year (2035) conditions during peak hours. The long queue lengths in the southbound left turn lane are a result of the long signal cycles and signal coordination of the closely spaced intersections along Temecula A-28 11086-0006\2005593v3.doc Parkway from 1-15 to La Paz Road, which favors the progression and green signal time of the heavy east—west through traffic on Temecula Parkway. The Project proposes an internal driveway intersection to be constructed on the Project Site approximately 120 feet north of Temecula Parkway, and a stacking length of approximately 110 feet would be provided for the southbound approach lanes at the Project access intersection with Temecula Parkway. However, southbound left turn queuing will extend well beyond the provided stacking distance and the location of the internal driveway intersection during peak hours. Because queue lengths would extend beyond the proposed stacking length, impacts are considered potentially significant without mitigation. Overall intersection level of service at the Bedford Court-Gateway Drive/Temecula Parkway intersection with the recommended Project access improvements would be LOS B during the peak hours under cumulative with Project conditions. The access improvements identified in Mitigation Measure 3.13.3 would provide southbound queue lengths through phasing that would not extend beyond the internal driveways and block access to the driveways. It would extend clearance through two left turn lane and one shared right-turn and through lane. As such, with implementation of mitigation measure 3.13.3 to roadway hazards would be reduced to a less than significant level. 2. Cumulative Traffic Impacts on Local Roadways ' Impact 3.13.6: When considered with existing, proposed, planned, and approved development in the region, implementation of the proposed Project would contribute to cumulative traffic volumes on local roadways that result in significant impacts to level of service and operations. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the cumulatively considerable impacts to local roadways. Specifically, the following measures have been included to ensure that the impacts remain less than cumulatively considerable. Measure MM 3.13.1a: La Paz RoadNnez Road Intersection. The project applicant shall contribute fair share funding toward either a traffic signal or a roundabout (with one lane on all approaches) at the La Paz RoadNnez Road intersection. Measure MM 3.13.1 b: 1-15 Southbound and Northbound Ramps at Temecula Parkway. The 1-15lremecula Parkway Interchange Improvement Project is fully funded and construction is scheduled to be completed by 2017. To mitigate the identified significant impacts at these ramps, the project applicant shall pay required fees to the Riverside County Transportation Uniform Mitigation Fee (TUMF) program, which is ' used to fund projects that improve vehicle circulation in the region. A-29 11086-000612005593v3.doc ' Measure MM 3.13.6: La Paz Road/Temecula Parkway. The project applicant shall contribute fair share funding to restripe the southbound La Paz Road approach from one left turn lane, one through lane, and one right turn lane to consist of dual left turn lanes, one through lane, and one right turn lane. Additionally, a "keep clear" zone shall be painted on the pavement at the intersection to avoid southbound queuing from blocking access to or from Vallejo Avenue and the planned park-and-ride facility located at the southeast corner of La Paz Road and Vallejo Avenue. b. Facts in Support of Findings Four study intersections are forecast to operate at a deficient level of service (LOS E or worse) under cumulative conditions without the proposed Project: • 1-15 Southbound Ramps/Temecula Parkway (both AM and PM peak hours) • 1-15 Northbound Ramps/Temecula Parkway (PM peak hour only) • La Paz Road/Temecula Parkway (PM peak hour only) • La Paz RoadNnez Road (PM peak hour only) The addition of Project-generated trips has a potential to result in cumulatively considerable impacts at the following four study intersections under Cumulative with Project conditions: • 1-15 Southbound Ramps/Temecula Parkway (both AM and PM peak hours) • 1-15 Northbound Ramps/Temecula Parkway (PM peak hour only) • La Paz Road/Temecula Parkway (both AM and PM peak hours) • La Paz RoadNnez Road (PM peak hour only) Implementation of Mitigation Measures 3.13.1a and 3.13.1b is required for the impacts at the La Paz RoadNnez Road intersection and the 1-15 northbound and southbound ramps at Temecula Parkway. These mitigation measures require the applicant to pay fees to pay for street improvements that would reduce cumulative impacts to the La Paz RoadNnez Road intersections and the 1-15 ramps at Temecula Parkway. Implementation of Mitigation Measure 3.13.6 is required to address the cumulative impact at the La Paz Road/Temecula Parkway intersection. The applicant is required to pay additional fees for re-striping to create a dual left-turn lane and is required to paint a "keep clear" zone. With implementation of these mitigation measures, the forecast level of service at the study intersections would be less than significant. (See EIR, Table 3.13-15.) The Project's impacts are thus reduced to less than cumulatively considerable. A-30 11086-0006\2005593v3.doc 3. Cumulative Impacts to Local Roadways at Buildout Year 2035 Impact 3.13.8 When considered with existing, proposed, planned, and approved development in the region, implementation of the proposed Project would contribute to cumulative traffic volumes at buildout that result in significant impacts to level of service and operations. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the cumulatively considerable impacts to local roadways at buildout year 2035. Specifically, the following measures have been included to ensure that the impacts remain less than cumulatively considerable. MM 3.13.8a La Paz Road/Temecula Parkway. The project applicant shall contribute fair share funding toward the construction of a dedicated westbound right turn lane with a minimum stacking length of 250 feet. MM 3.13.8b Pechanga Parkway/Temecula Parkway. The project applicant shall contribute fair share funding to restripe the General Plan Circulation Element improvement on westbound Temecula Parkway to provide the following lane geometrics: § Three westbound left turn lanes; and § Three westbound through lanes. MM 3.13.8c Jedediah Smith Road/Temecula Parkway. The project applicant shall contribute fair share funding toward the installation of a right turn overlap at the southbound approach of the intersection. b. Facts in Support of Findings AM and PM peak-hour levels of service for local roadways during Buildout Year (2035) without and with the proposed Project are summarized in Table 3.13-19 of the EIR. Three study intersections are forecast to operate at a deficient level of service (LOS E or worse) both without and with the proposed Project: • La Paz Road/Temecula Parkway (AM peak hour only) • Pechanga Parkway/Temecula Parkway (PM peak hour only) • Jedediah Smith Road/Temecula Parkway (PM peak hour only) The addition of Project-generated trips is forecast to result in significant impacts at the above three study intersections. Without the Project, these intersections will operate at a deficient level and the Project would increase delays above a significant level without ' mitigation. A-31 11086-000612005593v3.doc Mitigation Measures 3.13.8a, 3.13.8b, and 3.13.8c require the Project applicant to pay fair-share fees for improvements to the three affected intersections. As shown in Table 3.13-20 of the EIR, the improvements funded through these fees would reduce impacts to the three affected intersections to a less than cumulatively considerable level at Buildout Year (2035). VII. Environmental Effects that Remain Significant and Unavoidable After Mitigation. In the environmental areas of Greenhouse Gas Emissions (GHGs), Noise, and Transportation and Circulation, there are instances where potential environmental impacts would remain significant and unavoidable, as discussed below: A. GREENHOUSE GAS EMISSIONS 1. Generation of GHG Emissions Impact 3.4.1: The Project would generate greenhouse gas emissions in the year 2020 and beyond. The Project's contribution would be cumulatively considerable and significant and unavoidable. a. Findings ' The proposed Project has a potential to generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. No feasible mitigation measures have been identified to reduce the Project's potential impacts related to greenhouse gas emissions because approximately 80 percent of the Project's GHG emissions are attributed to mobile emissions that are outside of the jurisdictional authority of the City to regulate. Impacts related to greenhouse gas emissions would remain significant and unavoidable. b. Facts in Support of Findings Construction of the proposed Project would generate approximately 1,288 total metric tons of CO2e, at approximately 809 metric tons per year. In accordance with the SCAQMD guidance, projected GHGs from construction are quantified and then amortized over the life of the Project, which is 30 years. The amortized construction emissions are included in the annual average operational emissions. SCAQMD's interim screening level numeric "bright-line" threshold is 3,000 metric tons of CO2e annually. The proposed Project would result in the generation of approximately 3,773 metric tons of CO2e annually in year 2020 and 3,524 metric tons of CO2e annually in 2035. Thus, the proposed Project exceeds SCAQMD's interim threshold of 3,000 metric tons annually. In addition, SCAQMD recommends an efficiency-based threshold of 4.8 metric tons of ' CO2e per service population (residents plus employees) per year by the year 2020 and 3.0 metric tons of CO2e per service population per year in 2035. The efficiency-based A-32 11086-000612005593v3.d 0C ' threshold is used to assess the Project's impacts to the post-2020 GHG reduction goals from Executive Order B-30-15 (2015) and Executive Order 5-03-05 (2005). SCAQMD's approach is to identify the emissions level for which a project would not be expected to substantially conflict with existing California legislation adopted to reduce statewide GHG emissions. The Project is expected to have a total 274 employees and no residences. As such, the service population increase is 274. Using the efficiency-based thresholds, the Project would generate 13.7 metric tons of CO2e annually per service population for year 2020 and 12.8 metric tons of CO2e annually per service population for year 2035. These emissions would surpass both the year 2020 and year 2035 efficiency-based significance thresholds. The majority of GHG emissions resulting from the Project would be generated by mobile sources. Of the approximately 3,773 metric tons of CO2e emission annually in year 2020, about 3,004 metric tons result from mobile sources. Of the approximately 3,524 metric tons of CO2e emissions annually in 2035, 2,844 metric tons result from mobile sources. These mobile-source emissions are regulated at the regional, state, and federal levels and are not directly regulated by cities, including the City of Temecula. To reduce non-mobile source emissions, the Project would already be required to implement energy efficiency design requirements consistent with the California Green Building Standards Code (California Code of Regulations, Title 24, Part 11). No additional feasible mitigation is available to reduce impacts related to GHG emissions. ' The large majority of GHG result from mobile sources. The resulting GHG emissions generated by the Project are nevertheless considered cumulatively considerable and significant and unavoidable. B. NOISE 1. Construction Noise Impacts Impact 3.10.1: Construction of the proposed Project may expose persons to or generate noise levels in excess of standards established in the City's General Plan or noise ordinance, or applicable standards of other agencies. Impact 3.10.5 Construction of the proposed Project may result in a temporary increase in ambient noise levels in the Project vicinity. a. Findings During construction, the proposed Project has a potential to temporarily generate noise levels that may result in (1) exposure of persons to or generation of noise levels in excess of applicable local standards and (2) a substantial temporary or periodic increase in ambient noise levels in the Project vicinity above levels existing without the Project. A-33 11086-0006Q0055930.doc ' Changes or alterations have been required in or incorporated into the Project that reduce the impacts related to construction noise. The below mitigation measures are required in order to reduce construction noise impacts to the extent feasible. Measure MM 3.10.1 a: Prior to the issuance of grading permits, the project applicant shall submit a construction-related noise control plan to the City for review and approval. The plan shall: • Depict the location of construction equipment staging areas. • Require that construction contractors equip construction equipment (fixed or mobile) with properly operating and maintained mufflers consistent with manufacturers' standards. • Require that the construction contractor place stationary construction equipment so that emitted noise is directed away from the noise-sensitive receptors nearest the Project Site. • Describe other noise control measures that will be implemented during project-related construction activities. Barriers such as plywood structures or flexible sound control ' curtains shall be erected around the Project Site to minimize the amount of noise on the surrounding off-site sensitive receptors to the maximum extent feasible during construction. The construction supervisor shall ensure compliance with the noise control plan, and the City shall conduct periodic inspections at its discretion. Measure MM 3.10.1 b: The construction supervisor shall provide written notification of planned activities to the City of Temecula and to each of the property owners with buildings located along Vallejo Avenue a minimum of 15 days prior to commencement of each phase of construction. Measure 3.10.1 c: The construction supervisor shall maintain a complaint log noting date, time, complainant's name, nature of the complaint, and any corrective action taken. A copy of the complaint log shall be provided to the City on a daily basis. The project manager shall publish and distribute to the potentially affected community, a phone number that is attended during active construction working hours for use by the disturbed public to register complaints. b. Facts in Support of Findings ' Construction temporary generates elevated noise levels due to activities such as site grading and earthwork, road paving, building construction, and operation of motor A-34 11086-0006\2005593v3.doc ' vehicles and construction equipment. To provide a conservative or "worst-case" analysis, the EIR assumed that the entire Project Site would be construction in one single phase of active construction. Heavy construction equipment can generate noise between approximately 70 dBA to in excess of 100 dBA when measured at 50 feet. Noise levels generated by individual pieces of construction equipment typically range from approximately 74 dBA to 89 dBA Lmax at 50 feet. Average-hourly noise levels associated with construction projects can vary, depending on the activities performed, reaching levels of up to approximately 83 dBA Leq at 50 feet. Although noise ranges are generally similar for all construction phases, the initial site preparation phase tends to involve the most heavy-duty equipment having a higher noise-generation potential. However, these noise levels diminish with distance from the construction site at a rate of 6 dBA per doubling of distance. The highest construction noise level impacts will occur during construction activities at the boundaries of the Project Site adjacent Vallejo Road because these boundary areas are nearest to noise receptors. However, existing noise levels along Temecula Parkway are above 75 dBA and construction noise would be "absorbed" by the existing ambient noise levels. Under Temecula Municipal Code, Section 9.20.040, residential land uses such as single-family residences should not be exposed to an exterior noise level that exceeds a maximum of 65 dB Ldn /CNEL generated by a noise source, including during ' construction activities. Nearby residential receptors at a distance of less than 50 feet from the Project boundaries will likely experience temporary/periodic noise levels caused by various construction equipment in excess of the 65 dB standard. (See EIR, Table 3.10-7.) Municipal Code Section 9.20.070 allows the City Manager to grant an exception from the noise limits, which would permit construction under the City's Municipal Code. The City of Temecula limits construction activities to between the hours of 6:30 p.m. and 7:00 a.m. Monday through Friday, and between 7:00 a.m. and 6:30 p.m. on Saturday. Construction is prohibited on Sundays and nationally recognized holidays. To further reduce impacts related to construction noise, Mitigation Measures 3.10.1 a, 3.10.1 b, and 3.10.1c require the implementation of noise reduction devices and techniques during construction at the Project Site, as well as notification of the affected noise-sensitive receptors. These mitigation measures reduce the noise levels associated with construction to the maximum extent feasible. However, off-site sensitive receptors may still be exposed to a substantial temporary or periodic increase in ambient noise levels that would exceed the City's 65 dB Ldn/CNEL standard. C. TRANSPORTATION AND CIRCULATION 1. Substantial Increase in Traffic Volume Impact 3.13.1 The proposed Project would result in an increase in traffic ' under the existing plus Project and the Opening Year (2017) scenarios A-35 11086-0006\2005593v3.doc that is substantial in relation to the existing traffic load and capacity of the street system or exceeds an established level of service standard (i.e., results in a substantial increase in either the volume-to-capacity ratio and/or the level of service at intersections). a. Findings The proposed Project has a potential to result in a substantial increase in traffic volume. Due to this traffic-volume increase, the proposed Project has a potential to conflict with (a) an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system and (b) an applicable congestion management program, including, but not limited to level of service standards and travel demand measures. Changes or alterations have been required in or incorporated into the Project that avoid or substantially lessen the potentially significant environmental effects related to traffic volumes. Specifically, the following mitigation measures reduce traffic volume impacts to the extent feasible. Measure MM 3.13.1a La Paz RoadNnez Road Intersection. The project applicant shall contribute fair share funding toward either a traffic signal or a roundabout (with one lane on all approaches) at the La Paz RoadNnez Road intersection. Measure MM 3.13.1b 1-15 Southbound and Northbound Ramps at Temecula Parkway. The 1-15/Temecula Parkway Interchange Improvement Project is fully funded and construction is scheduled to be completed by 2017. To mitigate the identified significant impacts at these ramps, the project applicant shall pay required fees to the Riverside County Transportation Uniform Mitigation Fee (TUMF) program, which is used to fund projects that improve vehicle circulation in the region. b. Facts in Support of Findings Three intersections operate at a deficient level of service (LOS D or worse) under existing conditions and these three intersections would continue operating at deficient levels of service with the addition of Project-generated trips: § Rainbow Canyon Road/Pechanga Parkway during PM peak hour only (LOS F with and without Project-generated trips) § La Paz RoadNnez Road during PM peak hour only (LOS E, reduced to F with Project-generated trips) § 1-15 Southbound Ramps/Temecula Parkway during both AM and PM peak hours (LOS D, with and without Project-generated trips) A-36 11 086-0006\2005593v3.doe The proposed Project is planned to open in 2017. Three intersections will operate at deficient levels of service under Opening Year (2017) conditions and would continue operating at deficient levels of service with the addition of Project-generated trips: § 1-15 Southbound Ramps/Temecula Parkway during both AM and PM peak hours (LOS D with and without Project-generated trips) § 1-15 Northbound Ramps/Temecula Parkway during PM peak hours only (LOS D with and without Project-generated trips) § La Paz Road/Ynez Road during PM peak hours only (LOS F with and without Project-generated trips) The Rainbow Canyon Road/Pechanga Parkway currently operates at a LOS F deficient level of service during PM peak hours. However, its level of service would improve to LOS C under baseline Opening Year (2017) conditions because striping changes will be completed at the northbound Rainbow Canyon Road approach, which will allow effective use of dual left-turn and right turn lanes. This improvement is expected to be implemented as part of the nearby Temecula Creek Inn expansion project. If for some reason the Temecula Creek Inn expansion project does not move forward, the restriping would be conducted as part of the Temecula Gateway Project. For the La Paz Road/Ynez Road intersection, a traffic-signal warrant analysis ' determined that conditions warrant installation of a traffic signal under both existing and Opening Year (2017) conditions. This traffic signal would improve levels of service and delays to an acceptable level reduce impacts at this intersection to less than significant under existing plus Project and Opening Year (2017) plus Project conditions. Mitigation Measure 3.13.1 a requires the applicant to pay a fair-share fee toward either a traffic signal or roundabout at this intersection. As such, impacts to the La Paz Road/Ynez Road intersection would be reduced to less than significant with implementation of Mitigation Measure 3.13.1 a. For the 1-15 Southbound/Temecula Parkway and 1-15 Northbound/Temecula Parkway intersections, the 1-15/Temecula Parkway Interchange Improvement Project is fully funded and construction is scheduled to be completed by 2017. This Improvement Project will include the reconstruction of the Old Town Front Street/Temecula Parkway and 1-15 southbound ramps/Temecula Parkway intersections as a single intersection. Under Opening Year (2017) conditions with or without the Project, these 1-15 intersections at Temecula Parkway would continue to operate at an LOS D level of service, but the payment of fees identified in Mitigation Measures MM 3.13.1 b would help counterbalance impacts to state highway facilities. Nonetheless, because levels of service at these 1-15 intersections remain deficient and impacts to these facilities would continue to result in an exceedance of the LOS thresholds, the proposed Project would have a significant and unavoidable impact to this facility. No feasible mitigation is available in addition to the existing 1-15/Temecula Parkway Interchange Improvement Project. A-37 11 086-0006\2005593v3.d oc 2. Cumulative Traffic Impacts on State Highway Facilities Impact 3.13.7 When considered with existing, proposed, planned, and approved development in the region, implementation of the proposed Project would contribute to cumulative traffic volumes on state highway that result in significant impacts to level of service and operations. This is considered a cumulatively considerable impact. a. Findings Changes or alterations have been required in or incorporated into the Project that avoid or substantially lessen the potentially significant cumulative impacts to state highway facilities. The below mitigation measures are required in order to reduce traffic impacts to the extent feasible. Measure MM 3.13.1b: 1-15 Southbound and Northbound Ramps at Temecula Parkway. The 1-15/Temecula Parkway Interchange Improvement Project is fully funded and construction is scheduled to be completed by 2017. To mitigate the identified significant impacts at these ramps, the project applicant shall pay required fees to the Riverside County Transportation Uniform Mitigation Fee (TUMF) program, which is used to fund projects that improve vehicle circulation in the region. ' b. Facts in Support of Findings An 1-15/Temecula Parkway interchange improvement project is fully funded and construction is scheduled to be completed by 2017. Nonetheless, impacts to highway facilities with and without completion of the 1-15/Temecula Parkway interchange improvement project were considered in the event that the interchange project is not completed before the development of the proposed Project. As such, an analysis was completed to assess the 1-15 facilities with or without the Project and without or without the scheduled improvements. Under cumulative conditions without improvements, the queue exceeds storage capacity for the right turn movement during the PM peak hour both without and with the proposed Project for the 1-15 northbound off-ramp. For the 1-15 southbound ramp, the queue exceeds the storage capacity for the left turn and through movements during both the AM and PM peak hours without and with the proposed Project. However, with the scheduled interchange improvements, the queue for all the movements on both the northbound and southbound off-ramps does not exceed the storage capacity with or without the Project. (See EIR, Table 3.13-17.) For merging under cumulative conditions without the Project, the 1-15 southbound-ramp merge area operates at a deficient level of service (LOS D or worse) during the AM peak hour. The ramp merge and diverge areas operating at a deficient level of service under cumulative conditions without the Project will continue to operate at a deficient level of service with the addition of Project-generated traffic. A-38 11086-0006\2005593v3.doc The fees imposed by Mitigation Measure 3.13.1 b would assist in the counterbalancing of impacts to state highway facilities caused by the proposed Project. However, impacts to these facilities would continue to result in an exceedance of the LOS thresholds. The 1-15/Temecula Parkway Interchange Improvement Project is already funded and no additional feasible mitigation is available to mitigate cumulative impacts to state highway facilities. As such impacts are considered cumulatively considerable and unavoidable. 3. Cumulative Traffic Impacts on State Highway Facilities — Buildout Year (2035) Conditions Impact 3.13.9: When considered with existing, proposed, planned, and approved development in the region, implementation of the proposed Project would contribute to cumulative traffic volumes on state highway facilities at buildout that result in significant impacts to level of service and operations. a. Findings Changes or alterations have been required in or incorporated into the Project that reduce the impacts related to transportation and circulation. The below mitigation measures are required in order to reduce traffic impacts to the extent feasible. Measure MM 3.13.1b: 1-15 Southbound and Northbound Ramps at ' Temecula Parkway. The 1-15/Temecula Parkway Interchange Improvement Project is fully funded and construction is scheduled to be completed by 2017. To mitigate the identified significant impacts at these ramps, the project applicant shall pay required fees to the Riverside County Transportation Uniform Mitigation Fee (TUMF) program, which is used to fund projects that improve vehicle circulation in the region. b. Facts in Support of Findings Based on a level of service analysis, the Old Town Front StreeU1-15 Southbound Ramps/Temecula Parkway intersection is forecast to operate at a deficient level of service (LOS D or worse) during both the AM and PM peak hours under Buildout Year (2035) conditions without the proposed Project. With the addition of Project-generated trips, this intersection is forecast to continue operating at a deficient LOS D during peak hours. Based on the City's thresholds of significance, the addition of Project-related traffic does not result in significant impacts to levels of service at the ramp intersections under Buildout Year (2035) conditions. Based on a queuing analysis, the 1-15 northbound off-ramp left-turn movement will have queue lengths that exceed storage capacity during both the AM and PM peak hours without and with the proposed Project. The 1-15 southbound off-ramp left-turn movement will have queue lengths that exceed storage capacity without and with the proposed Project, but only during the AM peak hour. A-39 11086-0006\2005593v3.doc ' Based on a merge/diverge analysis, the demands on the 1-15 northbound ramp merge/diverge area will exceed capacity and operate at a deficient LOS F during the PM peak hour under Buildout Year (2035) conditions with and without the proposed Project. The 1-15 southbound ramp merge area will operate at a deficient level of service (LOS D or worse) during the AM peak hour under Buildout Year (2035) conditions with and without the proposed Project. The fees imposed by Mitigation Measure 3.13.1b would assist in the counterbalancing of impacts to state highway facilities at Buildout Year (2035). However, impacts to these facilities would continue to result in an exceedance of the LOS thresholds based on queuing and merge/diverge demand. The 1-15/Temecula Parkway Interchange Improvement Project is already funded and no additional feasible mitigation is available to mitigate cumulative impacts to state highway facilities. As such impacts are considered cumulatively considerable and unavoidable. VIII. Project Alternatives. The EIR considered and analyzed four alternatives to the Proposed Project: Alternative 1—No Project, No Build; Alternative 2—No Project, Permitted Development; Alternative 3—Reduced Project Development; and Alternative 4—No Health and Fitness Center or Sit-Down Restaurant, with 175-Room Hotel. Pursuant to CEQA Guidelines Section 15126.6, the EIR analyzed and considered two "No Project" alternatives because there are two possible outcomes if the City does not approve the ' Project: either the "No Build" alternative or the "Permitted Development" alternative. In addition, a range of other alternative site access options were considered and rejected, as described in section 4.0 of the EIR. The four alternatives that were analyzed in the EIR are discussed below, including the basis for rejecting each alternative. In addition, comparison of the alternatives is available in Table 4.0-7 of the EIR. Each alternative's environmental impacts are considered and analyzed, along with an analysis of whether it achieves any of the Project Objectives as shown below. • Provide a planning mechanism to allow flexibility in development regulations and design standards to allow a mix of commercial uses that are cohesive in design and aesthetic appearance, and compatible with the surrounding community. • Create an aesthetic entry statement to the city and project on Temecula Parkway, and minimize impacts to neighboring properties by designing with high quality architecture, landscaping, signage, adequate buffers, screening, drainage, and traffic controls. • Develop retail and community commercial services that can be adequately served by existing public services and utilities. A-40 11086-0006\2005593v3.doc • Create a commercial development that can capture "pass-by" trips on Interstate 15 and Temecula Parkway, as well as current and future demand for goods and services from Temecula residents. A. ALTERNATIVE ONE — NO PROJECT-NO BUILD 1. Summary of Alternative Alternative 1 evaluates the environmental impacts if the Project Site were to remain in its current state as vacant land for the foreseeable future. The existing Project Site is graded but has no structural development, so the existing condition of the site is vacant and relatively flat. There is a slight gain in elevation from 1,010 to 1,062 feet from the southwest to north end of the Site. The Project Site is covered with ruderal vegetation and there are no trees with the exception of five ornamental pine trees along the west side of La Paz Road and six ornamental pine trees along the northwestern boundary of the site. No natural water features (i.e., rivers, streams, or lakes) are located on the Project Site. On the west side of the site, an ephemeral drainage flows into a culvert under Temecula Parkway. Under Alternative 1, no development would occur on the Project Site for the foreseeable future and the Site would remain in its current graded and undeveloped condition. Although Alternative 1 could occur if the City does not approve the Project, it is not what can most reasonable be expected to occur on the Site if the Project is not approved ' because development is permitted on the Site as discussed and analyzed under Alternative 2. 2. Reason for Reiectino Alternative Alternative 1 is the "No Build" alternative in which no development would occur on the Project Site. The Site would remain graded, vacant, and undeveloped land. Environmental impacts in the Biological Resources, Cultural Resources, Geology and Soils, and Hydrology and Water Resources correlate primarily with the footprint of site development because they relate to the location of a project and the development of vacant land. The Project's impacts in these categories are all less than significant or mitigated to less than significant. Nonetheless, Alternative 1 would result in reduced impacts in these impact categories (Biological Resources, Cultural Resources, Geology and Soils, and Hydrology and Water Resources) because the Project Site would remain vacant. For aesthetic impacts, Alternative 1 would also not impact views, scenic resources, or the visual character and quality of the Site because no development would occur and the Site would remain in its current condition. The Project's aesthetics impacts are all less than significant without mitigation. Nonetheless, Alternative 1 would have no impacts to aesthetics and would therefore reduce impacts compared to the proposed Project. A-41 11086-0006\2005593v3.doc ' Air quality impacts would be reduced under Alternative 1 because it would not build uses near 1-15 and no development would occur on the Project Site. The proposed Project would not exceed applicable air quality thresholds, result in TAC impacts, or conflict with regional air quality management planning. However, portions of the Project Site are located within 500 feet of the 1-15 and future development of the Site may occur on those portions. Because Alternative 1 would result in no development, it would have no impacts to air quality and would therefore reduce impacts compared to the proposed Project. Greenhouse gas emissions would similarly be reduced under Alternative 1. Because no development would occur on the site, it would not result in any stationary or mobile- source GHG emissions. The proposed Project's GHG emissions are significant and unavoidable, primarily due to mobile-source emissions arising from vehicles to and from the Project. Alternative 1 would reduce these impacts, as no development would occur at the Site. No hazardous material or spill sites were identified on any of the Project Site's parcels. As compared to the proposed Project, Alternative 1 would have a lower potential to release unknown and unanticipated hazardous material because it includes no development and no storage of gasoline on-site. As such, Alternative 1 would have no impact to hazards and hazardous materials, which results in less impact than the proposed Project's less than significant impacts. Impacts related to airport and wildfire ' hazards would be similar because the Project Site remains the same. For land use impacts, Alternative 1 would not result in any changes to the General Plan land use designation or zoning for the Project Site and therefore would not have any potential conflicts with existing City of Temecula land use policies or regulations. As with the proposed Project, development of Alternative 1 would not result in the physical division of an established community or conflict with a habitat conservation plan or natural community conservation plan. However, the site is currently identified in the General Plan with the Professional Office land use designation. Implementation of Alternative 1 would not allow the development of the site as professional office uses, which would not result in a significant impact but would result in impacts similar to the proposed Project because it would not implement the General Plan's current vision. As such, impacts on land use would be similar to those anticipated under the proposed Project. Noise impacts would not occur under Alternative 1 because it would not result in changes to the existing conditions of the Site. As such, Alternative 1 would result in no noise impacts and would have less of an impact related to noise than the proposed Project. Population and housing impacts would not occur under Alternative 1 because no development of the site would occur. As such, Alternative 1 would not result in population growth. Neither the proposed Project nor Alternative 1 would remove housing or displace persons, as there are no housing units on the Project Site. ' Alternative 1 would have no impact regarding population and housing and therefore A-42 11086-0006\20055930.doc would have less impact than the proposed Project, which already has a less than significant impact. Impacts to public services and utilizes would be less under Alternative 1 due to the lack of development. Although the fire department and police department would respond to the Site in case of a fire or a crime committed on the site, the demand for public services and utilities would be the same as it exists currently. Implementation of the proposed Project would result in less than significant impacts to law enforcement, fire protection, schools, and parks and recreation. Additionally, the proposed Project would result in less than significant impacts to water, wastewater, stormwater drainage, and solid waste capacity and facilities. While none of the proposed Project's impacts would require new or expanded facilities, the proposed Project would increase the demand for all of the public services and utility facilities in the city. As such, Alternative 1 would have no impact to public services and utilities, compared to the less than significant impacts under the proposed Project. Alternative 1 would result in no increases in traffic or demand for public transit or bicycle/pedestrian facilities. Alternative 1 would not result in additional pedestrian facilities, result in impacts to existing roadways, or increase the demand for public transportation. The proposed Project would result in the addition of sidewalks/walking paths that do not currently exist on the Project Site and would not result in significant impacts to public transit or bicycle/pedestrian facilities. However, the proposed Project ' would result in significant impacts to a number of roadways and intersections in the Project area, resulting in cumulatively considerable and significant and unavoidable impacts to Caltrans facilities. As such, Alternative 1 would have less impact when compared to the proposed Project regarding transportation and circulation. Overall, Alternative 1 would therefore reduce environmental impacts compared to the proposed Project. However, Alternative 1 does not satisfy any of the four Project Objectives. Because Alternative 1 would result in no development of the Site, it would not create flexibility to allow a mix of commercial uses, create an aesthetic entry statement to Temecula, develop retain and commercial services, create development to capture "pass-by" trips on Interstate 15 and Temecula Parkway, or provide for the current and future demands of Temecula residents. Whereas the proposed Project satisfies each Project Object, Alternative 1 fulfills none of the Objectives. Thus, the City Council finds that Alternative 1 would not meet any of the Project Objectives. The City Council hereby finds that each of the reasons set forth above would be an independent ground for rejecting Alternative 1, and by itself, independent of any other reason, would justify rejection of Alternative 1. B. ALTERNATIVE 2 — NO PROJECT-PERMITTED DEVELOPMENT 1. Summary of Alternative Alternative 2 provides the comparison of the proposed Project versus what can ' reasonably be expected to occur on the properties should the proposed Project not be A-43 11086-0006\2005593v3.doc ' approved but future development occurs. The analysis allows decision-makers to compare the impacts of approving the project with the impacts of not approving the project. This "No Project-Permitted Development" alternative does not necessarily mean the Site will remain undeveloped because the Project Site is designated for future potential professional office uses in the General Plan and zoning code of Professional Office (PO). If no action is taken on the proposed Project, it is reasonable to assume that a professional office project would be proposed in the foreseeable future consistent with the General Plan and zoning. The PO zoning district establishes a minimum gross area of a development site at five acres. As such, if the Site were developed under the PO zoning district, the 8.79-acre Project Site would be treated as one site. The PO zoning district has a target floor area ratio (FAR) of 0.50. This would result in a potential building coverage of about 4.4 acres or 191,664 square feet. The Project Site's PO zoning designation allows a wide variety of uses, including offices, hotels, parking lots, grocery stores, hospitals, churches, and emergency shelters. Because of the array of allowed uses in the PO zoning district, the potential environmental impacts would vary considerably. In order to define the potential environmental impacts of Alternative 2 for comparison ' purposes, a government office was selected as a possible use. Government office represents one of the highest levels of vehicle trips for the allowed uses in the PO zone based on the Institute of Transportation Engineers' (ITE) Trip Generation Rates manual. Based on the ITE manual, a 191,664-square-foot government complex would generate approximately 5,352 daily vehicle trips. Many environmental impacts analyzed in an EIR are related to the project's location, such as such as biological, cultural, geologic, and visual impacts. However, some environmental impacts are related to the type of project, such as traffic and traffic's effects on air quality, GHG emissions, and noise. This is because different uses produce different amounts of traffic. 2. Reason for Reiecting Alternative Environmental impacts in the Biological Resources, Cultural Resources, Geology and Soils, and Hydrology and Water Resources correlate primarily with the footprint of site development because they relate to the location of a project and the development of vacant land. The Project's impacts in these categories are all less than significant or mitigated to less than significant. Impacts in these categories would occur under Alternative 2 and would be similar to the proposed Project because Alternative 2 would similarly develop the vacant Site. Although the proposed Project would have a somewhat larger building footprint, both projects would require land clearing and grading of almost the entire site. This would result in the same impacts and require the ' same mitigation measures for biological resources, cultural resources, and hydrology A-44 11086-0006QO05593v3.doc ' and water resources. In addition, geological impacts and mitigation measures would be the same, as the buildings of Alternative 2 would have same potential for seismic, landslide, liquefaction, and other geological impacts as the proposed Project. Therefore, Alternative 2 would have the same impact in these categories as compared to the proposed Project. For aesthetic impacts, Alternative 2 would result in development of a 191,664-square- foot government office complex. The Site's PO zoning designation allows a maximum building height of 75 feet whereas the proposed Project has a maximum building height of 35 feet for those buildings located on Parcels 3 through 6 and 74 feet for building located on Parcels 1 and 2. The proposed Project would have a less than significant impact to aesthetics, with no mitigation required. Because location and other property features remain the same, allowed building heights would be the major difference between Alternative 2 and the proposed Project. The area of the proposed Project that is limited to a maximum building height of 35 feet in the proposed Project (Parcels 3 to 6) could be developed at a height of 75 feet under Alternative 2. This height increase under Alternative 2 would be substantial and, therefore, result in greater aesthetic impacts compared to the proposed Project. Air quality impacts would be greater under Alternative 2 because it would exceed reactive organic gas (ROG) emissions whereas the proposed Project would not exceed any air quality emission thresholds. Alternative 2 would exceed the threshold for ' reactive organic gases (ROG) during construction, which would require mitigation. Additionally, impacts related to exposure of sensitive land uses to stationary or mobile- source pollutant concentrations would be similar because this impact is related to Site's proximity to 1-15 as well as to type of use. Mitigation is imposed on the proposed Project to reduce impacts to less than significant and could similarly reduce Alternative 2's impacts related to exposure of land uses to pollutant concentrations. Because Alternative 2 would result ROG emissions that exceed thresholds during construction, impacts would be greater than those for the proposed Project. Greenhouse gas emissions would be greater under Alternative 2 and would also result in a cumulatively considerable and significant and unavoidable impact because Alternative 2 results in a larger development scenario. The proposed Project's greenhouse gas emissions are also cumulatively considerable and significant and unavoidable, with no feasible mitigation available to reduce the impacts to less than significant. Approximately 80 percent of the proposed Project's GHG emissions result from mobile source and this percentage would be similar under Alternative 2. Therefore, impacts related to GHG would also be significant and unavoidable under Alternative 2, but impacts would be greater under the alternative scenario. No hazardous material or spill sites were identified on any of the Project Site's parcels. As compared to the proposed Project, Alternative 2 would have a lower potential to release unknown and unanticipated hazardous material because it does not include storage of gasoline on-site. Alternative 2 replaces the gasoline station use with government offices. However, this potential is considered low under either scenario and ' therefore would result in less than significant impacts. As such, Alternative 2 would A-45 11086-0006\2005593v3.d oc result in similar or somewhat reduced impacts to hazards and hazardous materials. Impacts related to airport and wildfire hazards would be the same under either scenario because the Project Site remains the same. For land use impacts, Alternative 2 would not result in any changes to the General Plan land use designation or zoning for the Project Site and therefore would not have any potential conflicts with existing City of Temecula land use policies or regulations. As with the proposed Project, development of Alternative 2 would not result in the physical division of an established community or conflict with a habitat conservation plan or natural community conservation plan. Impacts on land use would be similar to those anticipated under the proposed Project because both Alternative 2 and the proposed Project result in no land use significant impacts. Construction noise under Alternative 2 would be similar, but the construction period would be longer because it is a larger development. Operational traffic noise would be less under Alternative 2 as compared to the proposed Project because traffic from Alternative 2 would be less. Additionally, Alternative 2 would not include the noise coming from the gas station, the fast-food restaurant and coffee shop drive-throughs, and the car wash, which are considered the main source of Project Site operational noise from the proposed Project. Overall, the Alternative 2 would have less of an impact related to noise than the proposed Project because long-term operational noise would be less. ' Population growth under Alternative 2 would be greater than under the proposed Project. Alternative 2's office park would average approximately 191 square feet per employee, which means it would employ approximately 1,003 persons. Assuming all of the employees would be new to the City and that the average household size would be the size of the employee's family, Alternative 2 would increase the city's resident population by 3,250. This would represent an increase of 2.9 percent over the 2015 population and would not be considered a substantial increase in population as the population increase is within the population capacity. Additionally, although some government-related jobs require specialized employees who may need to move to the area, many do not and the jobs would be filled by people already living in the area. As such, the population would not increase by the theoretical 3,250 persons but by a much lower amount. Neither the proposed Project nor Alternative 2 would remove housing or displace persons, as there are no housing units on the Project Site. Thus, Alternative 2 would result in more population growth but would still result in a less than significant impact and, therefore, would be similar to the proposed Project. Alternative 2 would increase demand for public services and utilities as compared to the proposed Project because it would have a greater development potential. However, Alternative 2 would, like the proposed Project, result in less than significant impacts to all of the public services and utilities even though it would have a greater physical impact due to greater water supply, wastewater treatment, and solid waste disposal demand when compared to the proposed Project. A-46 11086-0006\2005593v3.doc ' Traffic generation under Alternative 2 would be reduced because of the nature of the alternative office use. However, it cannot be determined whether Alternative 2's traffic impact would also result in significant impacts to the intersections and roadway segments that the proposed Project impacts because a full traffic study for Alternative 2 would be necessary. Nonetheless, Alternative 2 would therefore result in fewer traffic- and circulation-related impacts compared to the proposed Project. Overall, Alternative 2 would result in increased impacts in areas such as air quality and GHG emissions as compared to the proposed Project. However, Alternative 2 fails to satisfy most of the Project Objectives. It would not provide flexibility to allow a mix of commercial uses because it would result in one governmental office use. Although the government office could be designed to be an aesthetic entry statement, the use would diminish entry statement because it would not serve passers-by. It would not develop any retail and community commercial services and would not capture pass-by trips on 1-15 and Temecula Parkway. Thus, the City Council finds that Alternative 2 would not fully meet the Project Objectives; it is not the environmentally superior alternative, and does not avoid significant environmental impacts. The City Council hereby finds that each of the reasons set forth above would be an independent ground for rejecting Alternative 2, and by itself, independent of any other ' reason, would justify rejection of Alternative 2. C. ALTERNATIVE 3 — REDUCED PROJECT DEVELOPMENT 1. Summary of Alternative Alternative 3 would include all of the proposed uses of the proposed Project but would reduce commercial/retail development by approximately 25 percent. Alternative 3 would have a 12 position gas station and a car wash, a health and exercise club, retail uses, offices, and restaurants. (See EIR, Table 4.0-1.) As with the proposed Project, this alternative would require a General Plan Amendment and rezone to change the current General Plan land use designation and zoning to a Planned Development Overlay District. Alternative 3 would, like the proposed Project, develop six parcels on the Project Site with the same uses on each parcel, as follows: health and exercise club (Parcel 1), a restaurant (Parcel 2), a gas station with a convenience store and second-story office (Parcel 3), retail and a fast-food restaurant (Parcel 4), a coffee shop (Parcel 5), and retail, offices and a fast food restaurant (Parcel 6). However, the building sizes for each parcel would be reduced by about 25 percent, with the reductions focused on the commercial/retail portions. 1 A-47 11086-0006\2005593v3.doc 2. Reason for Reiecting Alternative Environmental impacts in the Biological Resources, Cultural Resources, Geology and Soils, and Hydrology and Water Resources correlate primarily with the footprint of site development because they relate to the location of a project and the development of vacant land. The Project's impacts in these categories are all less than significant or mitigated to less than significant. Impacts to these areas would be similar because of construction-related impacts such as soil disturbance and other construction-related intrusions even though the actual building footprint would be smaller. Operation of Alternative 3 would result in the development of a currently vacant site for urban uses, which would have similar potential impacts to biological resources, cultural resources, and hydrology and water resources. In addition, geology impacts are based on location, so similar projects would have similar results. Although Alternative 3 would have a smaller building footprint, both projects would require land clearing and grading of almost the entire site. In addition, geological impacts and mitigation measures would be the same, as the buildings of Alternative 3 would have same potential for seismic, landslide, liquefaction, and other geological impacts as the proposed Project. This would result in the same impacts and require the same mitigation measures in these impact categories. Therefore, Alternative 3 would have the same impact in these areas when compared to the proposed Project. For aesthetics, Alternative 3 would similarly result in a change to land that is currently ' vacant to commercial uses. Although the proposed Project would allow greater development than Alternative 3, visual impacts under this alternative would be similar to those of the proposed Project because the aesthetic scale of the projects would not be substantially different. The height of Alternative 3's buildings would be limited by the PDO-14 height restrictions, as it would for the proposed Project. Development of the proposed Project would result in less than significant impacts to scenic resources. Overall, like the proposed Project, Alternative 3 would result in a less than significant impact to scenic resources and would therefore be similar to the proposed Project. Air quality emissions are based on a project's size and the number of project-related daily vehicle trips. Because Alternative 3 would be smaller in size and generate fewer vehicle trips, it would have less air quality emissions. However, none of the proposed Project's air quality emissions exceeded federal or state air quality thresholds, which resulted in a less than significant impact in this area. Alternative 3's impact related to exposure of sensitive land uses to stationary or mobile-source pollutant concentrations would be similar to the proposed Project because this impact is related to project location as well as to type of use. Thus, Alternative 3 would result in fewer emissions, but it would similarly result in a less than significant impact requiring no mitigation. Greenhouse gas emissions resulting from Alternative 3 would exceed applicable standards. Similar to the proposed Project, approximately 80 percent of these GHG emissions are from mobile sources and there would be no feasible mitigation to reduce this impact to a level that is less than significant. Although this alternative is a 25 percent smaller project, the reduction in size would not reduce GHG emissions to below A-48 11086-0006\2005593v3.doc the applicable GHG thresholds. As such, Alternative 3 would also result in a cumulatively considerable and significant and unavoidable impact. No hazardous material or spill sites were identified on any of the Project Site's parcels. Alternative 3 would have the same potential for the release of hazardous materials because the gas station, while smaller in the number of fueling stations, will still have fuel storage tanks on-site. Further, the Alternative 3 parcels are the same, so this alternative would have the same result regarding hazardous materials sites and hazards from airports or wildfires. As such, Alternative 3 and the proposed Project would have a similar impact to hazards and hazardous materials. Land use impacts under Alternative 3 would be the same as under the proposed Project. Alternative 3 would require the same changes to land use designations and zoning. As with the proposed Project, development of Alternative 3 would not result in the physical division of an established community or conflict with a habitat conservation planning. Thus, impacts on land use would be the same as those anticipated under the proposed Project and have a similar impact. Construction noise under Alternative 3 would be similar. However, the construction period would be shorter because it is a smaller project. Operational traffic noise reduced under Alternative 3 as a result of reduced traffic. Overall, Alternative 3 would have less of an impact related to noise than the proposed Project because long-term operational noise would be less. Population growth is based on the estimated number of employees for the proposed Project compared to Alternative 3. The estimated number of employees under the proposed Project is approximately 274 persons. An estimate of the number of employees for Alternative 3 is approximately 207 persons. Temecula has a 2015 estimated population of 110,203 and an average household size of 3.24 persons per household. Assuming all of the employees would be new to the city and Temecula's average household size would be the size of the employee's family, Alternative 3 would increase the city's population by 669. This would represent an increase of 0.6 percent over the 2015 population and would not be considered a substantial increase in population, as the population increase is within the population capacity. Additionally, it is likely that most of the employees would be local due to the nature of the uses, so population growth would likely be much lower than this estimate. Nonetheless, because it reduces development, Alternative 3 would result in less population growth than the proposed Project. Impacts would be less than significant and therefore be similar to the proposed Project. Neither the proposed Project nor Alternative 3 would remove housing or displace persons, as there are no housing units on the Project Site. Demand for public services and utilities would be less under Alternative 3 because Alternative 3 would have less development potential than the proposed Project. However, Alternative 3, like the proposed Project, would result in less than significant impact to all of the public services and utilities. A-49 11086-0006\2005593v3.doc Alternative 3 would result in 4,410 daily vehicle trips, which is 1,470 fewer trips than the proposed Project. It cannot be determined whether Alternative 3's traffic impact would result in significant impacts to the intersections and roadway segments that the proposed Project would impact without a full traffic impact study for Alternative 3. Nonetheless, based on the reduced trip counts, Alternative 3 would result in fewer traffic- and circulation-related impacts compared to the proposed Project. Alternative 3 will have many of the same impacts as the proposed Project. Overall, impacts would be reduced and Alternative 3 is the environmentally superior alternative. However, the reduced square footage will not allow Alternative 3 to achieve the benefits of the Project Objectives. Thus, the City Council finds that Alternative 3 is the environmentally superior alternative but would not fully achieve the benefits of the Project Objectives and does not avoid significant environmental impacts. The City Council hereby finds that each of the reasons set forth above would be an independent ground for rejecting Alternative 3, and by itself, independent of any other reason, would justify rejection of Alternative 3. D. ALTERNATIVE 4 — NO HEALTH AND FITNESS CENTER OR SIT- DOWN RESTAURANT, WITH 175 ROOM HOTEL 1. Summary of Alternative Alternative 4 replaces the health and fitness center and sit-down restaurant located on Parcels 1 and 2 with a 175-room, 122,578-square-foot hotel. All other uses would be the same as the proposed Project. The hotel in Alternative 4, like the health and fitness center and the sit-down restaurant, is a permitted use in PDO-14. This alternative was chosen for analysis to determine if the alternative permitted use would have less impacts on the environment than a combination of health and fitness center and sit- down restaurant. The hotel use in Alternative 4 would be required to provide 408 parking spaces as compared to 165 parking spaces for the health and fitness center and restaurant in proposed Project's. All other uses in Alternative 4 would be the same as those in the proposed Project. This alternative would also require a General Plan Amendment and rezone to change the current General Plan land use designation and zoning district to a Planned Development Overlay District. 2. Reason for Rejecting Alternative Environmental impacts in the Biological Resources, Cultural Resources, Geology and Soils, and Hydrology and Water Resources correlate primarily with the footprint of site development because they relate to the location of a project and the development of vacant land. The Project's impacts in these categories are all less than significant or ' mitigated to less than significant. Alternative 4, as with the proposed Project, would require the development of the entire Project Site. The uses would be the same, except A-50 11086-000612005593v3.doc that Alternative 4 would exchange the proposed Project's the health and fitness center and restaurant for a 175-room hotel and additional required parking. As such, land clearing and grading would be the same for both projects. As a result, impacts would be the same and require the same mitigation measures for biological resources, cultural resources, and hydrology and water resources. Geological impacts and mitigation measures would also be the same because the Alternative 4's buildings would have same potential for seismic, landslide, liquefaction, and other geological impacts as the proposed Project. Therefore, Alternative 4 would have the same impact in these areas when compared to the proposed Project. Aesthetic impacts would be greater under Alternative 4. Alternative 4 would replace the 37,000-square-foot health and fitness center and the 8,000-square-foot restaurant with a 122,578-square-foot hotel and required parking. As such, the size of the hotel and the associated parking lot would be much larger than the proposed Project's health and fitness center, sit-down restaurant, and required parking. In addition, Parcels 1 and 2 have a maximum building height of 75 feet, which is where Alternative 4's hotel would be located. As such, the hotel would result in a substantial change in the overall scale and bulk of the uses on Parcels 1 and 2. Impacts to aesthetics and visual resources would be greater under Alternative 4 than under the proposed Project. The proposed Project is environmentally superior to Alternative 4 with regard to aesthetics and visual resources. Alternative 4's hotel and required parking would not exceed any air quality threshold during construction, but the emissions would be slightly higher than the proposed Project's emissions in most categories. Operational air quality emissions for Alterative 4 at buildout would be greater than the proposed Project. However, these emissions would, like the proposed Project, not exceed air quality thresholds and would therefore be considered less than significant. Additionally, Alternative 4's impact related to exposure of sensitive land uses to stationary or mobile-source pollutant concentrations would be similar to the proposed Project because this impact is related to project location as well as to type of use. Because Alternative 4 would not exceed any air quality emission thresholds during construction or operations, impacts to air quality under this alternative are similar to those of the proposed Project. Greenhouse gas emissions would be greater under Alternative 4 because Alternative 4 is a larger development scenario. Approximately 80 percent of the proposed Project's GHG emissions are from mobile sources with no feasible mitigation available. This percentage would be similar under Alternative 4, so there would be no feasible mitigation to reduce this impact to a level that is less than significant. Thus, GHG emissions would be greater under Alternative 4 and would also result in a cumulatively considerable and significant and unavoidable impact. No hazardous material or spill sites were identified on any of the Project Site's parcels. Alternative 4 would have the same potential for the release of hazardous materials because of the gas station's fuel storage tanks. Thus, Alternative 4 and the proposed Project would have a similar impact to hazards and hazardous materials. A-51 11086-000612005593v3.doc Alternative 4 would require the same changes to the General Plan land use designations and zoning as the proposed Project. As with the proposed Project, development of Alternative 4 would not result in the physical division of an established community or conflict with a habitat conservation planning. Impacts on land use would be the same as those anticipated under the proposed Project. Construction noise under Alternative 4 be construction, but the construction period would be longer because it is a larger development. Traffic noise during operations would be less than with the proposed Project because traffic from Alternative 4 would be less even it is greater in size than the proposed Project. Thus, Alternative 4 would have less of an impact on noise than the proposed Project because long-term operational noise would be less. Population growth is based on the estimated number of employees for the proposed Project, as compared to Alternative 4. The number of employees for Alternative 4 is estimated at about 235 persons. Temecula has a 2015 estimated population of 110,203 and an average household size of 3.24 persons per household. Assuming all employees would be new to the city and the average household size would be the size of the employee's family, Alternative 4 would increase the city's resident population by 761. This would represent an increase of 0.7 percent over the 2015 population and would not be considered a substantial increase in population. Like the proposed Project, most of the employees would be local because of the type of employment. As such, population growth would be even less than these estimates. Alternative 4 would result in less population growth than the proposed Project and would result in a less than significant impact and therefore be similar to the proposed Project. Neither the proposed Project nor Alternative 4 would remove housing or displace persons, as there are no housing units on the Project Site. Demand for public services and utilities would be greater under Alternative 4 than under the proposed Project because Alternative 4 would have more development potential than the proposed Project. However, Alternative 4, like the proposed Project, would result in less than significant impacts to all of the public services and utilities. Transportation and circulation impacts would be reduced under Alternative 4. Inclusion of the hotel instead of the fitness center and restaurant reduces daily vehicle trips by 400. Alternative 4 would generate approximately 8,413 gross daily vehicle trips and 5,480 net daily vehicle trips. The proposed Project's traffic generation is greater than Alternative 4's traffic generation. However, it cannot be determined whether this alternative's traffic impact would also result in significant impacts to those intersections and roadway segments that the proposed Project impacts without a full traffic study for the alternative. Nonetheless, Alternative 4 would result in fewer traffic- and circulation- related impacts compared to the proposed Project. Thus, the City Council finds that Alternative 4 would not fully meet the Project objectives; it is not the environmentally superior alternative; and does not avoid significant environmental impacts. A-52 11086-0006WO55930.doc The City Council hereby finds that each of the reasons set forth above would be an independent ground for rejecting Alternative 4, and by itself, independent of any other reason, would justify rejection of Alternative 4. A-53 11 086-0006\2005 5930.doc CITY OF TEMECULA TEMECULA GATEWAY PROJECT MITIGATION MONITORING AND REPORTING PROGRAM STATE CLEARINGHOUSE NO. 2015061086 Lead Agency: CITY OF TEMECULA 41000 MAIN STREET TEMECULA, CA 92590 AUGUST 2016 MITIGATION MONITORING AND REPORTING PROGRAM 1. INTRODUCTION This document is the Mitigation Monitoring and Reporting Program (MMRP) for the Temecula Gateway project. An MMRP is required for the proposed project because the EIR has identified significant adverse impacts, and measures have been identified to mitigate those impacts. This MMRP has been prepared pursuant to Section 21081.6 of the California Public Resources Code, which requires public agencies to "adopt a reporting and monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment." 2. MITIGATION MONITORING AND REPORTING PROGRAM As the lead agency, the City of Temecula will be responsible for monitoring compliance with all mitigation measures. Different City departments are responsible for various aspects of the project. The MMRP identifies the department with the responsibility for ensuring the measure is completed; however, it is expected that one or more departments will coordinate efforts to ensure compliance. The MMRP is presented in tabular form on the following pages. The components of the MMRP are described briefly below. • Mitigation Measure: The mitigation measures are taken from the Environmental Impact Report (EIR), in the some order they appear in the EIR. ' • Timing: Identifies at which stage of the project the mitigation must be completed. • Monitoring Responsibility: Identifies the department in the City with responsibility for mitigation monitoring. • Verification (Date and Initials): Provides a contact who reviewed the mitigation measure and the date the measure was determined complete. City of Temecula Temecula Gateway Project Mitigation Monitoring and Reporting Program 1 MITIGATION MONITORING AND REPORTING PROGRAM MITIGATION MONITORING AND REPORTING PROGRAM MATRIX CITY OF TEMECULA TEMECULA GATEWAY PROJECT Mitigation.Measure - - Timing--- Date and Monitoring' Responsibility .Initials) 3.2 Air Quality - - - - - MM 3.2.6 Air quality—sensitive land uses (as defined by the SCAQMD Prior to issuance of building permit City of Temecula and CARB) proposed within 500 feet of Interstate 15 (not for uses within 500 feet of I-15 Community including non-sensitive components, such as parking lots) Development shall be required to prepare a health risk assessment (HRA). Department Based on the findings in the HRA, appropriate measures shall be taken, if necessary, to reduce the cancer risk resulting from TAC exposure from Interstate 15 to below 10 in one million for the maximally exposed individual. These measures may include, but are not limited to, implementation of air filtration/purification systems at the sensitive land use. Such air filtration/purification systems can be installed and maintained either on an individual unit-by-unit basis, with individual air intake and exhaust ducts ventilating portions of the new sensitive land use separately, or through a centralized building ventilation system, whichever is more appropriate. The ventilation system must be certified to achieve a performance effectiveness as determined in the HRA; for example, to remove at least 85 percent of ambient PM2.5 concentrations from indoor areas. Air intakes must be oriented away from emission sources areas, such as Interstate 15. Users may factor in the amount of time that receptors spend indoors versus out-of-doors to account for air filtration systems in modeling, provided that all assumptions are justified with scientific documentation. Temecula Gateway Project City of Temecula Mitigation Monitoring and Reporting Program 2 MITIGATION MONITORING AND REPORTING PROGRAM Verification Monitoring Mitigation Measure Timing - (Date and Responsibility Initials) 3.3 Biological Resources MM 3.3.1 MSHCP Fees. The applicant shall pay applicable Local Prior to the initiation of construction City of Temecula Development Mitigation fees, as established and required by activities Community the Regional Conservation Authority and City of Temecula, for Development continued implementation of the Western Riverside County Department MSHCP. MM 3.3.2a Migratory Bird Surveys. If clearing and/or Prior to the initiation of construction City of Temecula construction activities occur during the nesting season (January 15— activities Community August 31), preconstruction surveys for nesting raptors, special- Development status resident birds, and other migratory birds protected by the Department Migratory Bird Treaty Act shall be conducted by a qualified biologist, up to 3 days before initiation of construction activities. The qualified biologist shall survey the construction zone and a 250-foot radius surrounding the construction zone to determine whether the activities taking place have the potential to disturb or otherwise harm nesting birds. If an active nest is located within 100 feet (2S0 feet for raptors) of construction activities, the project applicant shall establish an exclusion zone (no ingress of personnel or equipment at a minimum radius of 100 feet or 250 feet, as appropriate, around the nest). Alternative exclusion zones may be established through consultation with the CDFW and the USFWS, as necessary. The City shall be notified if altered exclusion zones widths are authorized by these agencies prior to the initiation of work. The exclusion zones shall remain in force until all young have fledged. MM 3.3.2b Per MSHCP Species-Specific Objective 6, preconstruction Within 30 days prior to any City of Temecula presence/absence surveys for burrowing owl on the project site, vegetation removal or ground- Community where suitable habitat is present, will be conducted for all covered disturbing activities Development activities throughout construction. Surveys will be conducted within Department 30 days prior to disturbance. If no potential burrows are identified, no further surveys are required.Take of active nests will be avoided. If construction is delayed or suspended for more than 30 days after City of Temecula Temecula Gateway Project Mitigation Monitoring and Reporting Program 3 r r■ rr MITIGATION MONITORING AND REPORTING PROGRAM Mitiation Verification 'Monitoring g Measure Timing . (Date and Responsibility, Initials) the survey, the area shall be resurveyed. Surveys shall be completed for occupied burrowing owl burrows in all construction areas and within 500 feet(150 meters) of the project work areas (where possible and appropriate based on habitat). All occupied burrows will be mapped on an aerial photo. If burrowing owls are found to be present on-site, the project applicant shall develop a conservation strategy in cooperation with the CDFW, the USFWS, and the Regional Conservation Authority in accordance with the CDFW's (2012) Staff Report on Burrowing Owl Mitigation. 3.5 Cultural Resources MM 3.5.2a Prior to beginning project construction, the project applicant shall Prior to construction activities City of Temecula retain a City of Temecula-approved archaeologist to monitor all Community ground-disturbing activities in an effort to identify any unknown Development archaeological resources. Any newly discovered cultural resource Department deposits shall be subject to a cultural resources evaluation in consultation with the Pechanga Tribe. This mitigation measure shall be incorporated in all construction contract documentation. MM 3.5.2b The qualified archeologist or an archaeologist working under the Prior to construction activities City of Temecula direction of the qualified archeologist, along a representative Community designated by the Pechanga Tribe, shall conduct pre-construction Development cultural resources worker sensitivity training to inform construction Department personnel of the types of cultural resources that may be encountered, and to bring awareness to personnel of actions to be taken in the event of a cultural resources discovery. The applicant shall ensure that construction personnel are made available for and shall attend the training and retain documentation demonstrating attendance. MM 3.5.2c At least 30 days prior to beginning project construction, the project At least 30 days prior to City of Temecula Temecula Gateway Project City of Temecula Mitigation Monitoring and Reporting Program 4 rr r• r MITIGATION MONITORING AND REPORTING PROGRAM Monitoring Vehification Mitigation Measure Timing (Date and . Responsibility, • Initials) applicant shall contact the Pechanga Tribe to notify the tribe of commencement of construction Community grading, excavation, and the monitoring program, and to develop a activities Development - Cultural Resources Treatment and Monitoring Agreement between Department the applicant/developer and the tribe. The agreement shall address the treatment of known cultural resources, the designation of responsibilities, and participation of professional Native American tribal monitors during grading, excavation, and ground-disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. MM 3.5.2d Prior to beginning project construction, the project archaeologist Prior to commencement of City of Temecula shall file a pre-grading report with the City of Temecula (if required) construction activities Community to document the proposed methodology for grading activity Development observation which will be determined in consultation with the Department Pechanga Tribe. Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the agreement required in mitigation measure MM 3.5.2c, the archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any archaeological resources discovered on the property. Tribal and archaeological monitors shall be allowed to monitor all grading, excavation, and groundbreaking activities, and shall also have the authority to stop and redirect grading activities. MM 3.5.2e All cultural materials which are collected during the grading During construction activities City of Temecula monitoring program and from any previous archaeological studies or Community excavations on the project site, with the exception of sacred items, Development burial goods, and human remains, which will be addressed In the Department Treatment Agreement required in mitigation measure MM 3.5.2c, shall be tribally curated according to the current professional repository standards. The collections and associated records shall be City of Temecula Temecula Gateway Project Mitigation Monitoring and Reporting Program 5 MITIGATION MONITORING AND REPORTING PROGRAM - Monitoring Mitigation Measure Timing (Date and Responsibility. Initials)r transferred, including title, to the Pechanga Tribe's curation facility which meets the standards set forth in 35 CRF Part 79 for federal repositories. All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation, if feasible. MM 3.5.2f If inadvertent discoveries of subsurface archaeological/cultural During construction activities City of Temecula resources are discovered during grading, the developer, the project Community archaeologist, and the tribe shall assess the significance of such Development resources and shall meet and confer regarding the mitigation for Department such resources. Pursuant to California Public Resources Code Section 21083.2(b), avoidance is the preferred method of preservation for archaeological resources.If the developer, the project archaeologist, and the tribe cannot agree on the significance of the mitigation for such resources, these issues will be presented to the Planning Director of the City of Temecula for decision. The Planning Director shall make the determination based on the previsions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the tribe. Notwithstanding any other rights available under the law, the decision of the Planning Director shall be appealable to the Planning Commission and/or the City Council. MM 3.5.3 If subsurface deposits believed to be of paleontological significance During ground-disturbing City of Temecula are discovered during construction, all work must halt within a 50- construction activities Community foot radius of the discovery. An on-site paleontological monitor Development meeting the Secretary of the Interior's Professional Qualification Department Standards for paleontology shall be retained by the project applicant and shall be afforded a reasonable amount of time to evaluate the significance of the find. Work cannot continue at the discovery site until the paleontologist conducts sufficient research and data collection to make a determination that the resource is either not a paleontological resource or not potentially significant.If a potentially eligible resource is encountered, the paleontologist, the City of Temecula and the project proponent shall arrange for either(1)total Temecula Gateway Project City of Temecula Mitigation Monitoring and Reporting Program 6 MITIGATION MONITORING AND REPORTING PROGRAM Verification 'Mitigation Measure Timing'. (Date and Monitoring Responsibility. Initials) avoidance of the resource, if possible, or (2) test excavations to evaluate eligibility and, if eligible, total data recovery as mitigation. The determination shall be formally documented in writing and submitted to the City as verification that the provisions in CEQA for managing unanticipated discoveries have been met. MM 3.5.4 If human remains are encountered,California Health and Safety Code During ground-disturbing City of Temecula Section 7050.5 requires that no further disturbance shall occur until construction activities Community the Riverside County Coroner has made the necessary findings as to Development origin. Further, pursuant to California Public Resources Code Section Department 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made.If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within a reasonable time frame. Subsequently, the Native American Heritage Commission shall identify the "most likely descendant" within 24 hours of receiving notification from the coroner. The most likely descendant shall then have 48 hours to make recommendations and engage in consultations concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. 3.8 Hydrology and Water Quality MM 3.8.1a The project developer shall comply with the NPDES Construction Prior to and during construction City of Temecula General Permit regulations in effect at the time so as not to violate Community any water quality standards or waste discharge requirements. Development Compliance with the Construction General Permit would include Department filing of a Notice of Intent with the SWRCB and the preparation of a SWPPP incorporating construction BMPs for control of erosion and sedimentation contained in stormwater runoff. MM 3.8.1b As a condition of approval, the project will be required to generate a Prior to and during construction City of Temecula project-specific Water Quality Management Plan (WQMP), as Community required by the City of Temecula Stormwater Ordinance and as Development specified in the City's Jurisdictional Runoff Management Plan. Department City of Temecula Temecula Gateway Project Mitigation Monitoring and Reporting Program 7 MITIGATION MONITORING AND REPORTING PROGRAM ' Verification -Mitigation Measure � � '- Timing -, Monitoring (Date!and Responsibility 'Initials) Potential BMPs required by the WQMP include scheduling, minimization of vegetation disturbance, sandbags, vehicle fueling and maintenance in designated areas, and storm drain stenciling. This WQMP shall be reviewed and approved by the City of Temecula prior to the issuance of a building or grading permit. 3.10 Noise MM 3.10.1a Prior to the issuance of grading permits, the project applicant shall During construction activities City of Temecula submit a construction-related noise control plan to the City for Community review and approval.The plan shall: Development • Depict the location of construction equipment staging areas. Department • Require that construction contractors equip construction equipment (fixed or mobile) with properly operating and maintained mufflers consistent with manufacturers'standards. • Require that the construction contractor place stationary construction equipment so that emitted noise is directed away from the noise-sensitive receptors nearest the project site. • Describe other noise control measures that will be implemented during project-related construction activities. Barriers such as plywood structures or flexible sound control curtains shall be erected around the project site to minimize the amount of noise on the surrounding offsite sensitive receptors to the maximum extent feasible during construction. The construction supervisor shall ensure compliance with the noise control plan, and the City shall conduct periodic inspection at its discretion. MM 3.10.1b The construction supervisor shall provide written notification of During construction activities City of Temecula planned activities to the City of Temecula and to each of the Community property owners located along Vallejo Avenue a minimum of 15 days Development prior to commencement of each phase of construction. Department MM 3.10.1c The construction supervisor shall maintain a complaint log noting During construction activities City of Temecula date, time, complainant's name, nature of the complaint, and any Community Temecula Gateway Project City of Temecula Mitigation Monitoring and Reporting Program 8 MITIGATION MONITORING AND REPORTING PROGRAM - Monitoring^ Verification Mitigation Measure Timing (Date'and ` ... ' Responsibility rh ility Initials) corrective action taken. A copy of the complaint log shall be Development provided to the City on a daily basis. The project manager shall Department publish and distribute to the potentially affected community, a phone number that is attended during active construction working hours for use by the disturbed public to register complaints. 3.13 Transportation and Circulation MM 3.13.1a La Paz Road/Ynez Road Intersection. The project applicant shall Prior to construction City of Temecula contribute fair share funding toward either a traffic signal or a Community roundabout (with one lane on all approaches) at the La Paz Development Road/Ynez Road intersection. Department and Public Works Department MM 3.13.161-15 Southbound and Northbound Ramps at Temecula Parkway. Prior to construction City of Temecula The I-15/Temecula Parkway Interchange Improvement Project is fully Community funded and construction is scheduled to be completed by 2017. To Development mitigate the identified significant impacts at these ramps, the project Department and applicant shall pay required fees to the Riverside County Public Works Transportation Uniform Mitigation Fee (TUMF) program, which is Department used to fund projects that improve vehicle circulation in the region. MM 3.13.3 The project applicant shall construct the following roadway Prior to occupancy City of Temecula improvements: Community Northbound(from Bedford Court) Development • One left turn lane and one shared through/right turn lane;and Department and Public Works • Protected left turn phasing. Department Southbound (from Gateway Drive) • Two left turn lanes (limited to 110 feet in length due to location of on-site driveways); • One shared through/right turn lane;and • Protected left turn phasing. Eastbound (from Temecula Parkway) City of Temecula Temecula Gateway Project Mitigation Monitoring and Reporting Program 9 MITIGATION MONITORING AND REPORTING PROGRAM MitigationMeasure Monitoring• Timing t'e and - Responsibility. - .'Initials) • One left turn lane with minimum stacking length of 220 feet. MM 3.13.6 La Paz Road/Temecula Parkway. The project applicant shall Prior to construction City of Temecula contribute fair share funding to restripe the southbound La Paz Road Community approach from one left turn lane, one through lane, and one right Development turn lane to consist of dual left turn lanes,one through lane,and one Department and right turn lane. Additionally, a "keep clear" zone shall be painted on Public Works the pavement at the intersection to avoid southbound queuing from Department blocking access to or from Vallejo Avenue and the planned park- and-ride facility located at the southeast corner of La Paz Road and Vallejo Avenue. MM 3.13.8a La Paz Road/Temecula Parkway. The project applicant shall Prior to construction City of Temecula contribute fair share funding toward the construction of a dedicated Community westbound right turn lane with a minimum stacking length of 250 Development feet. Department and Public Works Department MM 3.13.8b Pechanga Parkway/Temecula Parkway. The project applicant shall Prior to construction City of Temecula contribute fair share funding to restripe the General Plan Circulation Community Element improvement on westbound Temecula Parkway to provide Development the following lane geometrics: Department and • 3 westbound left turn lanes;and Public Works • 3 westbound through lanes. Department MM 3.13.8c ledediah Smith Road/Temecula Parkway. The project applicant Prior to construction City of Temecula shall contribute fair share funding toward the installation of a right Community turn overlap at the southbound approach of the intersection. Development Department and Public Works Department Temecula Gateway Project City of Temecula Mitigation Monitoring and Reporting Program 10 ' Exhibit C STATEMENT OF OVERRIDING CONSIDERATIONS The following Statement of Overriding Considerations is made in connection with the proposed approval of the Temecula Gateway Project (the "Project'). CEQA requires the decision-making agency to balance the economic, legal, social, technological or other benefits of a project against its unavoidable environmental risks when determining whether to approve a project. If the benefits of the Project outweigh the unavoidable adverse effects, those effects may be considered acceptable. CEQA requires the agency to provide written findings supporting the specific reasons for considering a project acceptable when significant impacts are unavoidable. Such reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record. The reasons for proceeding with this Project despite the adverse environmental impacts that may result are provided in this Statement of Overriding Considerations. The City Council finds that the economic, social and other benefits of the Project outweigh the significant and unavoidable impacts to Greenhouse Gases ' (GHGs), Noise, and Transportation/Circulation generated by the Project. In making this finding, the City Council has balanced the benefits of the Project against its unavoidable impacts and has indicated its willingness to accept those adverse impacts. The City Council finds that each one of the following benefits of the Project, independent of the other benefits, would warrant approval of the Project notwithstanding the unavoidable environmental impacts of the Project. A. The City Council finds that all feasible mitigation measures have been imposed to either lessen Project impacts to less than significant or to the extent feasible, and furthermore, that alternatives to the Project are infeasible because they generally have similar impacts, or they do not provide the benefits of the Project, or are otherwise socially or economically infeasible as fully described in the Findings and Facts in Support of Findings. B. The Project will provide high quality commercial development that will provide additional services to residents on the southern end of the City, commuters utilizing 1-15, and the soon to be completed Park-and-Ride located immediately across La Paz Road. C. Leaving the Project area with its current General Plan and Zoning designation of Professional Office (PO) would not be consistent with the goals of the ' recently adopted Uptown Temecula Specific Plan (UTSP). The UTSP is intended to 11086-0006\2007396v1.doc ' allow higher density urban development so that it can become the City's financial and office district. The UTSP provides development standards that are well suited for office projects that can attract large high-quality employers, financial and wealth management institutions, as well as high-technology firms, among others. As such, the UTSP is intended to create a prominent employment cluster and financial district for the City of Temecula. Revising the General Plan and Zoning designation of the Project Site to Community Commercial (CC) will allow the Project area to be consistent with the overall commercial character of the Temecula Parkway corridor and will help further the goals of the Uptown Specific Plan by discouraging a large scale office project from being proposed for the Project location rather than within the UTSP area. The City Council finds that the foregoing benefits provided through approval of the Project outweigh the identified significant adverse environmental impacts. The City Council further finds that each of the Project benefits discussed above outweighs the unavoidable adverse environmental effects identified in the Final EIR and therefore finds those impacts to be acceptable. The City Council further finds that each of the benefits listed above, standing alone, is sufficient justification for the City Council to override these unavoidable environmental impacts. -2- 11086-0006\2007396v Ldoc