Loading...
HomeMy WebLinkAbout17-59 CC Resolution RESOLUTION NO. 17-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CYPRESS RIDGE PROJECT, CONSISTING OF APPROXIMATELY 22.73 ACRES, GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS 961-450-003, 961-450-012, 961-450-013) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On December 21, 2015, John Fitzpatrick filed Planning Application Nos. ' PA15-1894 (General Plan Amendment), PA15-1895 (Zone Change/Planned Development Overlay), PA15-1893 (Tentative Tract Map), and PA15-1892 (Development Plan). These applications (collectively "Project') were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the proposed Project consists of a change in the General Plan designation on the site from Professional Office (PO) to Medium Density (M) residential and a rezone of the site from Professional Office (PO) to Cypress Ridge Planned Development Overlay District (to be known as PDO-15). PDO-15 is a series of standards and regulations that will govern all development on the property. These standards and regulations address architectural style, setbacks, and building height. Together, these regulations and standards seek to ensure cohesiveness in the design and aesthetic appearance, and compatibility with the surrounding community. In addition to the proposed PDO-15, the project also includes a Tentative Tract Map and a Development Plan. C. The Project was processed, including but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code § 21000, et seq. (CEQA) and the CEQA Guidelines, 14. Cal. Code Regs. § 15000 et seq. 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 reviewing, considering, and potentially approving the Project. Resos 17-59 1 E. On May 24, 2016, in accordance with CEQA Guidelines Section 15082, the City published a Notice of Preparation (NOP) of a Draft Environmental Impact Report (Draft EIR) to all agencies and persons that might be interested in or affected by the Project. The NOP was also distributed through the State Office of Planning and Research, State Clearinghouse (SCH # 2016051073). The NOP was circulated from May 25, 2016, through July 23, 2016, to receive comments and input from interested public agencies and private parties on issues to be addressed in the Environmental Impact Report ("EIR") for the Project. On June 15, 2016 in accordance with CEQA Guidelines Section 15082(c)(1), the City held a public scoping meeting to obtain comments from interested parties on the scope of the Draft EIR. F. In response to the NOP, eight written comments were received from various individuals and organizations. These comment letters assisted the City in formulating the analysis in the Draft EIR. G. Thereafter, the City contracted for the independent preparation of a 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. H. Upon completion of the Draft EIR in February 2017, the City initiated a ' public comment period by filing a Notice of Completion with the State Office of Planning and Research on Monday, February 27, 2017. The City also published a Notice of Availability for the Draft EIR in the San Diego Union Tribune, a newspaper of general circulation within the City. I. The Draft EIR was circulated for public review from March 2, 2017 through April 17, 2017. Copies of the Draft EIR were sent to various public agencies, as well as to organizations and individuals requesting copies. In addition, copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; Chamber of Commerce located at 26790 Ynez Court, Ste. A, and the City of Temecula website. J. In response to the Draft EIR, eight (8)written comments were received from various agencies, individuals, and organizations. The City responded to all written comments. Those comments and the Responses to Comments, together with the Draft EIR and Mitigation Monitoring and Reporting Program, constitute the Final Environmental Impact Report (Final EIR). K. Pursuant to Public Resources Code Section 21092.5, at least 10 days prior ' to certification, the City prepared and provided the Final EIR, including responses to comments, to the public and all commenting public agencies. Resos 17-59 2 L. On August 2, 2017, the Planning Commission, at its regularly scheduled ' and duly noticed meeting, considered the Project and the Final EIR, at which time the 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. M. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 17-24 recommending that the City Council certify the Final EIR prepared for the Cypress Ridge Project, adopt Findings pursuant to the CEQA, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission also adopted Resolution Nos. 17-25 17-26, 17-27, and 17-28, recommending that the City Council take various actions, including adoption of a General Plan Amendment, Zone Change/Planned Development Overlay, Tentative Tract Map, and Development Plan related to the approval of the Project. N. Section 15091 of the CEQA Guidelines requires that the City, before approving a project forwhich an EIR is required, make one or more of the following written finding(s) for each significant effect identified in the 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. O. These required written findings are set forth in Exhibit A, attached hereto and incorporated herein by reference as if set forth in full. 1. Environmental impacts identified in the 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. Resos 17-59 3 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. 4. Alternatives to the Project that might eliminate or reduce significant environmental impacts are described in Section VII of Exhibit A of this Resolution. P. CEQA 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 ensure compliance with the adopted mitigation measures. The Mitigation Monitoring and Reporting Program is attached to this Resolution as Exhibit B, and is herein incorporated by reference as if set forth in full. Q. 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. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts. The Statement of Overriding Considerations is attached hereto as Exhibit C, and is incorporated herein by reference as if set forth in full. ' R. Prior to taking action, the City Council has heard, been presented with, reviewed, and considered the information and data in the administrative record, including the Final EIR, the written and oral comments on the Draft EIR and Final EIR, responses to comments, staff reports and presentations, and all oral and written testimony presented during the public hearings on the Project.. S. Custodian of Records. 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 are located at the Office of the City Clerk, City of Temecula, 41000 Main Street, Temecula, California 92590. Section 2. Substantive Findings. The City Council of the City of Temecula, California does hereby: A. Declare that the above Procedural Findings are true and correct, and hereby incorporates them herein by this reference. B. 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. C. 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, staff reports and ' responses to comments incorporated into the Final EIR, and all testimony related to environmental issues regarding the Project. Resos 17-59 4 ' D. 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 as Exhibit A and incorporated herein by reference, with the exception of those impacts found to be significant and unmitigable as discussed therein. E. Find and declare that the Final EIR reflects the independent judgment of the City Council. 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 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. F. Certify the Final EIR as being in compliance with CEQA. The City Council further adopts the Findings pursuant to CEQA 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. G. The City Council hereby imposes as a condition on the Cypress Ridge 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 5"' day of September, 2017. aryann Edwards, Mayor ATTES ' Rand in-off—, City Clerk [SEAL] Resos 17-59 5 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. 17-59 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 5'h day of September, 2017, by the following vote: AYES: 3 COUNCIL MEMBERS: Naggar, Rahn, Edwards NOES: 1 COUNCIL MEMBERS: Stewart ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Comerchero Randi Johl, City Clerk 1 Resos 17-59 6 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 Cypress Ridge 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. Project Objectives. As set forth in the EIR, the objectives of this Project (the "Project Objectives") are as follows: A. Develop a high-quality residential community on the Project Site that focuses on providing a variety of medium-density housing types that would serve various age groups and household sizes. B. Provide a housing product that is desirable in light of the competitive market and the increased availability of attached and detached single-family homes for purchase. ' C. Provide a project that is compatible in density and character to the surrounding residential communities. A-1 11086-019112074636v2.doc Ill. Back-round. The proposed Project involves the residential development of approximately 20.18 total acres located in the southern portion of Temecula ("Project Site"). The Project Site is currently designated and zoned as Professional Office (PO) in the General Plan and zoning code. The Site includes disturbed, undeveloped land that varies from approximately level to slightly undulating with drainage flowing to the north and northwest. It contains non-native grasses, ruderal herbs and forbs, remnants of native scrub (associated with drainages), and a number of isolated mature trees as well as a concrete drainage channel. Recent disking for fuel modification is evident at the site. The Site is not developed with any structures. The proposed Project consists of a General Plan Amendment, zoning code amendment, adoption of a Planned Development Overlay District, a tentative tract map, and a development plan review. The proposed Project would change the Project Site's General Plan designation to Medium Density Residential (M) and its zoning to Planned Development Overlay District (PDO). The Project would consist of 245 residential units (attached and detached) and several common use areas, including a club house, four tot lots, five picnic areas, a bocce court, and a trail. IV. Effects Determined to Be Less than Significant/No Impact in the EIR. The City of Temecula issued a Notice of Preparation ("NOP") and in the course of the ' environmental review, 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 or a less than significant impact for the reasons set forth in the EIR. The impacts were not analyzed in detail in the EIR because they required no additional analysis to determine whether the effects could be significant. A. AESTHETICS 1. The Project would not have a substantial adverse effect on a scenic vista. The Site has not been identified as a scenic view-shed, nor is the Project located near an identified scenic view-shed. 2. The Project would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. The Project Site is not located near a state scenic highway. The nearest designated state scenic highway is State Route 74, located approximately 30 miles northeast. B. AGRICULTURE AND FORESTRY RESOURCES ' 1. The Project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use. The A-2 11086-0191\2074636v2.d oc Project Site does not contain any Forest Land, Prime Farmland, ' Unique Farmland, or Farmland of Statewide Importance. 2. The Project would not conflict with existing zoning for agricultural use or a Williamson Act contract. The Project Site does not contain any land subject to a Williamson Act contract. 3. The Project would not conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production. The Project Site does not contain any type of land zoned for forest land or timberland. 4. The Project would not result in the loss of forest land or conversion of forest land to non-forest use. The Project site does not contain any type of forest land. 5. The Project would not involve any changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use. 6. The Project would not result in cumulative impacts related to agriculture or forestry resources. ' C. GEOLOGY AND SOILS 1. The 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. 2. The 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, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. The Project Site is not located in an area susceptible to collapse, karsts, or subsidence due to groundwater withdrawal. 3. The 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. Sewers are available to deliver wastewater to the Eastern Municipal Water District, so this issue is not applicable to the Project. D. HAZARDS AND HAZARDOUS MATERIALS ' 1 . The Project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste A-3 11086-0191\2074636v2.doc within one-quarter mile of an existing or proposed school. As a ' residential project, the anticipated use, transport, and disposal of hazardous materials would be in relatively small quantities commonly associated with a typical home. 2. The Project would not be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. 3. The Project would not be located within the vicinity of a private airstrip, within an airport land use plan, or within two miles of a public airport or public use airport. 4. The Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. It would be designed in accordance with Fire Codes and other emergency response requirements made by the City of Temecula. 5. The 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 located in a developed urban area that is not at high risk of wildland fires. E. HYDROLOGY AND WATER QUALITY 1. The Project would not result in impacts related to inundation by seiche, tsunami, or mudflow. The Project Site is not located near a large surface water body and there is no potential for inundation by tsunami, seiche, or mudflow. F. LAND USE AND PLANNING 1. The Project would not physically divide an established community. The residential units would be consistent with the surrounding residential uses, and the Project would not involve the construction of major roadways or other major structures within an established community that would result in division of that community. G. MINERAL RESOURCES 1. The Project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state or a locally-important mineral resource ' recovery site. The area is not considered to contain mineral resources of significant economic value and the Project would not result in cumulative impacts related to mineral resources. A-4 11086-0191\2074636v2.d oc H. NOISE ' 1. The Project would not be located within the vicinity of a private airstrip, or within an airport land use plan or within two miles of a public airport or public use airport. The closest public airport is approximately six miles north. The closest private airstrip is approximately four miles northeast. I. POPULATION AND HOUSING 1 . The Project would not displace substantial numbers of existing housing or people, necessitating the construction of replacement housing elsewhere. The Project would construct housing on vacant, undeveloped land. J. TRANSPORTATION AND CIRCULATION 1. The proposed Project would have a less than significant or no impact on traffic air patterns. The Project is not within the influence area of an airport. 2. The Project would not adversely impact policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, and would ' not otherwise decrease the performance or safety of such facilities. 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 substantially degrade the exiting visual character or quality of the site and its surroundings. The residential development would be consistent with the suburban residential character of the surrounding land uses and would include high- quality development with visually appealing elements such as improved landscaping and natural-like building materials. Meandering walking paths would border the Project Site, and would feature understory and over-story trees along the perimeter of the site to provide privacy for the development and shade for ' pedestrians. A-5 11086-0191\2074636v2.doc 2. The Project, in conjunction with other cumulative projects, would not result in a cumulatively considerable contribution to aesthetic impacts. Cumulative impacts would be less than significant. 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. 3. The Project would not result in a cumulatively considerable net increase of any criteria pollutant for which the region is in nonattainment. Neither emissions during construction nor operational emissions would exceed the SCAQMD's thresholds of significance for any criteria pollutant. When considered in addition to other projects in the cumulative scenario, the Project's incremental contribution to air quality would not be cumulatively considerable. ' 4. Operation of the Project would not expose sensitive receptors to substantial pollutant concentrations. 5. The Project would not create objectionable odors affecting a substantial number of people. As a residential development, it does not include any uses identified by the SCAQMD as being associated with odors and any potential sources of odors during construction would be temporary and intermittent in nature. 6. When considered in addition to other projects in the cumulative scenario, the Project's incremental contribution to impacts on air quality would not be cumulatively considerable. 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. No naturally occurring riparian habitat occurs onsite; patches of mulefat ' scrub in the southern portion of the Project Site are supported by periodic runoff from the street and not a part of a natural riparian system. Other vegetation onsite is non-native grassland, mesquite A-6 11086-0191\2074636v2.doc thicket, disturbed habitat, and developed land, all of which are not ' considered sensitive habitats. 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. The Project would be required to pay applicable development fees levied by the City's Multispecies Habitat Conservation Mitigation Fees Ordinance as part of the City's cooperation with the Western Riverside County Multi-Species Habitat Conservation Plan (WRC MSHCP). The proposed development is consistent with local policies and ordinances, including the General Plan's goals for biological resources and the City's tree preservation ordinance. 5. The Project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. The Project Site is located within the WRC MSHCP area and the City of Temecula is a participating entity and permittee of the WRC MSHCP. The Project Site falls within the fee payment area for the Stephens' kangaroo rat, but is not located within identified occupied habitat and has a low potential for the species to occur due to lack of geographic connectivity. The Project must pay development fees pursuant to the WRC HSHCP and the City's Multispecies Habitat Conservation Mitigation Fees Ordinance. 6. The Project's incremental contribution to impacts on biological resources would not be cumulatively considerable. D. 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 strong seismic ground shaking, seismic- A-7 11086-0191\2074636v2.doc related ground failure, including liquefaction, or landslides. The Project Site is characterized by gentle slopes that do not exceed 1.5:1 and is generally characterized as consisting of gentle slopes. Compliance with building safety design standards also would reduce potential impacts associated with ground shaking and liquefaction to less than significant levels. 2. Operation of the Project would not result in substantial soil erosion or the loss of topsoil. Following construction activities, disturbed areas would be either revegetated or covered by impervious surfaces such as asphalt. 3. The Project would not be located on expansive soil, creating substantial risks to life or property. 4. 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. 5. The Project would have a less than cumulatively considerable impact on geology and soils. ' E. GREENHOUSE GAS EMISSIONS 1 . The Project would not generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. Total GHG emissions, when divided by the number of residents at the Project Site, would equal an emissions ratio of 4.41 MT CO2e per service population per year and would not exceed SCAQMD's recommended GHG efficiency threshold of 4.8 MT CO2e per service population per year. 2. 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. 3. The Project would result in less than significant GHG and climate change cumulative impacts. F. HAZARDS AND HAZARDOUS MATERIALS 1 . Operation of the Project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Hazardous wastes used in the residential or maintenance areas may include small quantities of A-8 11086-0191\2074636v2.doc lubricants or fuels used in maintaining residents' personal vehicles, ' pesticides or herbicides, solvents, paints and lubricants. These common consumer products would be used for the same purposes as in any residential setting and the health effects associated with them are not considered significant. 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 Project would result in less than significant cumulative impacts related to hazards and hazardous materials. G. 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 proposed development would include a permanent infiltration basin, infiltration swale, and open space located throughout the site in order to maximize infiltration into the ground and assist with restoring groundwater supplies. The Rancho California Water District provided a Will Serve letter to provide water service to the proposed Project, indicating there are adequate water supplies available to meet the Project's anticipated water demand. 2. 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 maintains a Dam Inundation Evacuation Plan and California Emergency Management Agency coordinates with the California Division of Safety of Dams to provide effective dam incident response procedures and planning. Additionally, the City coordinates with the State Office of Emergency Services to ensure that dam safety plans reflect the level of development within the community. As such, failure of a dam has an extremely low probability of occurring and is not considered to be a reasonably foreseeable event. 3. The Project's incremental contribution to water quality and quantity impacts would not be cumulatively considerable. A-9 11086-0191\2074636v2.doc H. LAND USE AND PLANNING ' 1. 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. 2. The Project would have a less than cumulatively considerable impact on land use and planning. I. NOISE 1. Operation of the Project would not expose persons to or generate excessive groundborne vibration or groundborne noise levels. The proposed residential uses would not generally include stationary equipment that would result in high vibration levels; as such, vibration impacts associated with operation of the future residential uses under the proposed Project would be less than significant. 2. The Project would not result in a substantial permanent increase in ambient noise levels in the Project vicinity above levels existing without the Project. The development's noise levels would not exceed the significance thresholds at the identified offsite sensitive receptors. ' 3. The Project's contribution to cumulative noise impacts attributable to cumulative development would not be cumulatively considerable, and impacts would be less than significant. J. POPULATION AND HOUSING 1. The proposed Project would not induce substantial population growth in an area, either directly or indirectly. The proposed residential uses would constitute approximately six percent of the population growth expected in the City between 2010 and 2020. As such, the population associated with the proposed residential uses would be within the anticipated population growth for the City and would not exceed the projections on which the City has based plans. 2. The Project would result in less than significant cumulative impacts related to population and housing. K. 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, or create the need for new or physically altered governmental facilities, the construction of which A-10 11086-0191\2074636v2.doc 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 staff and necessary equipment to accommodate the proposed residential uses. No additional police facilities would need to be constructed and while the Project could require additional officers, adding officers to the staff would not result in adverse environmental impacts. The proposed residences would increase the student population and require payment of a school impact fees to offset any new school services. The proposed residences would require payment of impact fees and the Project would involve park improvements, any impacts of which were analyzed in the EIR. 2. The 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. 3. The 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. ' 4. The Project would not have a cumulatively considerable contribution to impacts related to fire protection, police protection, schools, or other public facilities. L. TRANSPORTATION AND CIRCULATION 1. The Project would not conflict with an applicable congestion management program, including travel demand measures. There are no policies in the Temecula General Plan Circulation Element in regards to TDM or other standards that apply to a development of this type. There are also no CMP locations near the study area. 2. The Project would not substantially increase hazards due to a design feature or incompatible uses. 3. The Project would not result in inadequate emergency access. The most likely emergency vehicle access route would be from the Principal Arterials Temecula Parkway and Pechanga Parkway and the Collector Roadway Loma Linda Road to ultimately reach Temecula Lane and the Project Site. Given the number and placement of these driveway locations along with adequate roadway widths, the emergency vehicle access is therefore sufficient. A-11 11086-0191\2074636v2.doc M. UTITILIES AND SERVICE SYSTEMS 1 . The Project would not exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board. 2. The Project would have sufficient water supplies available to serve the Project from existing entitlements and resources and new or expanded entitlements not needed. 3. The 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. 4. The Project would not result in a determination by the wastewater treatment provider that it has inadequate capacity to serve the Project's projected demand in addition to the provider's existing commitments. The Temecula Valley Regional Water Reclamation Facility would have sufficient capacity to process the additional average wastewater flow that would be generated by the Project. In addition, EMWD provided a Will Serve letter to provide sewer service to the Project. ' 5. The Project would be served by a landfill with sufficient permitted capacity to accommodate the Project's solid waste disposal needs and would comply with federal, state, and local statutes and regulations related to solid waste. The existing capacity of the El Sobrante Sanitary Landfill would be sufficient to accommodate solid waste generation by the Project during construction and at full build-out. 6. The Project would result in less than significant cumulative impacts related to utilities and service systems. 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 Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, 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 the A-12 11086-0191\2074636v2.doc 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. AESTHETICS 1. Light and Glare Impact AES-4: The Project would create a new source of light and glare throughout the Project area. 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 light and glare. Specifically, the following measure has been included to ensure that the Project's potential light and glare impacts remain less than significant. MM-AES-1: The following light and glare standards shall be applied to all development within the project area: • Temporary nighttime construction lighting shall be shielded and ' directed downward such that no light spillage will occur on adjacent properties. • The applicant shall ensure that all outdoor lighting fixtures in public areas contain "sharp cutoff' fixtures, and shall be fitted with flat glass and internal and external shielding. The applicant shall ensure that site lighting systems shall be grouped into control zones to allow for opening, closing, and night light/security lighting schemes. All control groups shall be controlled by an automatic lighting system utilizing a time clock, photocell, and low voltage relays. • The applicant shall ensure that design and layout of the development shall take advantage of landscaping, on-site architectural massing, and off—site architectural massing to block light sources and reflection from cars. • The use of highly reflective construction materials on exterior wall surfaces shall be prohibited. • Prior to the issuance of construction permits for any phase of the ' project that includes outdoor lighting, the applicant shall submit an outdoor lighting plan and photometric plan to be reviewed and approved by the City of Temecula. The lighting plan shall be in compliance with A-13 11086-0191\2074636v2.doc Ordinance No. 655 as adopted by the Riverside County Board of Supervisors and shall include, but not be limited to, the following information and standards: • Light fixtures shall not exceed 4,050 lumens; • Light fixtures shall be fully shielded so that light rays emitted by the fixtures are projected below the horizontal plan passing through the lowest point of the shield; • A map showing all lamp locations, orientations, and intensities, including security, roadway, and task lighting; • Specification of each light fixture and each light shield; • Total estimated outdoor lighting footprint, expressed as lumens per acre; and • Specification of motion sensors and other controls to be used, especially for security lighting. • The City shall conduct a post-installation inspection to ensure that the development is in compliance with the design standards in ' Mitigation Measure MM-AES-1 and Riverside County Ordinance No. 655. b. Facts in Support of Findings Currently, the Project Site is undeveloped with no onsite sources of light or glare. During construction of the Project, there is the possibility of limited, temporary nighttime construction lighting for security. Once operational, the Project's residential uses would introduce new sources of light and glare from lighting for residential buildings and streets, as well as from cars traveling through the Project Site. The proposed Project is located approximately 17 miles from the Palomar Observatory, which is in Zone B (45- mile Radius Lighting Impact Zone) according to the Palomar Observatory Light Pollution Ordinance (Riverside County's Light Pollution Ordinance No. 655). The Project would be required to comply with Ordinance No. 655, which lessens "sky glow" from nighttime light sources by requiring a variety of measures. These measures, which are included as part of Mitigation Measure MM-AES-1 , include the preparation of an outdoor lighting plan and photometric plan to reduce the effects of light pollution from nighttime light sources. Mitigation Measure MM-AES-1 imposes lighting design and placement requirements that would further reduce "sky glow" and the spilling of light from on-site light sources. With the imposition of MM-AES-1 , impacts of the proposed Project related to light and ' glare would be less than significant. A-14 11086-0191\2074636v2.d oc B. AIR QUALITY ' 1. Construction -- Exposure of Sensitive Receptors to Pollutant Concentrations. Impact AIR-4: The Project's construction emissions could exceed SCAQMD's localized significance thresholds for PM,o and PM2.6, and therefore could expose sensitive receptors to substantial pollutant concentrations. a. Finding Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to exposure of sensitive receptors to air quality pollutants. Specifically, the following measures have been included to ensure that the Project's potential air quality impacts remain less than significant. Mitigation Measure MM-AIR-1: All off-road construction equipment with a horsepower (HP) greater than 50 shall be required to have USEPA certified Tier 4 interim engines or engines that are certified to meet or exceed the emission ratings for USEPA Tier 4 engines. Mitigation Measure MM-AIR-2: The site shall be watered four times per day during ground disturbance (grading) activities for all project development phases. During drought conditions, defined as Water Shortage Stages 4 or 5 as determined by the Rancho California Water District, use of reclaimed water or non-water chemical stabilizers shall be implemented such that fugitive emissions reductions are comparable. Permission to use potable water for dust control activities during drought conditions shall be granted by the City of Temecula Building Official if the General Contractor shows in writing that (1) Reclaimed water is not available in sufficient quality and quantity from recycled wastewater treatment facilities located within 10 miles of the construction site; and (2) Well water or groundwater is not available in sufficient quality and quantity from wells and groundwater sources located within 10 miles of the construction site. b. Facts in Support of Findings Residential units located immediately adjacent 'to the west of the Project Site, approximately 40 feet (12.2 meters) from the Project boundary, are the nearest sensitive receptors, which means that construction emissions were compared to the two-acre site localized significance thresholds (LST) (listed in Table 3.2-5 of the Draft EIR) for a receptor distance of 82 feet (25 meters) from the site boundary. Based on ' SCAQMD guidance (specifically, the Fact Sheet for Applying CaIEEMod to Localized Significance Thresholds (Fact Sheet), found under the heading Appendix C- Mass Rate LST Look-up Table under the guidance page located at A-15 11086-0191\2074636v2.doc (http://www.agmd.gov/home/regulations/ceqa/air-quality-analysis-handbook/localized- significance-thresholds), the determination of significance based on two acres of disturbance per day is appropriate for this analysis. For PM10, the LST is 7 pounds per day; for PM2.5, the LST is 4 pounds per day. During the first year of construction, emissions would exceed LSTs during the site preparation phase for PM10 (9.45 Ibs/day) and PM2.5 (6.21 Ibs/day) and would exceed the LST during the grading phase for PM2.5 (4.29 Ibs/day). Mitigation Measure MM-AIR-1 requires all construction equipment to have EPA Rated Tier 4 (or equivalent) engines during each phase. Mitigation Measure MM-AIR-2 requires the Project Site's unpaved roads used for any vehicular travel to be watered at least four times per eight hour workday to reduce fugitive dust emissions to below a significant level. With implementation of these mitigation measures, maximum daily emissions of PM10 would be 5.38 pounds and maximum daily emissions of PM2.5 would be 2.99, which are both below the LSTs for nearby sensitive receptors. Therefore, impacts related to exposure of sensitive receptors to pollutants are reduced to less than significant with mitigation. C. BIOLOGICAL RESOURCES 1. Sensitive and Special Status Species. Impact BIO-1: Impacts to raptors and other migratory birds include direct ' loss of potential foraging and nesting habitat. Potential nesting habitat onsite includes mature trees and shrubs as well as grassland (in the case of ground-nesting birds such as northern harrier and mourning dove). It is possible that raptors and other migratory birds would nest onsite due to the proximity to open space and preserved lands such as Temecula Creek and the Pechanga Reservation lands. Impact BIO-2: Burrowing owls could inhabit the site prior to Project construction as appropriate burrowing owl foraging and nesting habitat is present. Potential impacts to this species would include loss of foraging and nesting (i.e., burrowing) habitat. Individuals present during grading and other construction related activities have the potential to be killed or displaced through burrow collapse and other impacts. 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 sensitive or special status species. Specifically, the following measures have been included to ensure that the Project's potential biological impacts remain less than significant. ' Mitigation Measure MM BIO-1: To the extent feasible, clearing and grubbing activities shall take place outside of the avian breeding season, which occurs from February 1 to September 15. If clearing and grubbing A-16 11086-0191\2074636v2.d oc activities are necessary during the breeding season, a focused survey for ' active nests of raptors and migratory birds shall be conducted by a qualified biologist having demonstrated experience conducting breeding bird and nest surveys. The survey shall occur no more than 7 days prior to any clearing, grubbing, construction or ground-disturbing activities. If active nest(s) (with eggs or fledglings) are identified within the project area, the nest shall not be disturbed until the young have hatched and fledged (matured to a state that they can leave the nest on their own and are no longer relying on the nest for survival). A 500-foot construction setback from any active raptor nesting location (or a distance to be determined by the qualified biologist, based on species, construction activity, the birds' response/habituation to human presence, and/or topographic features that could limit construction activity disturbance to the nest) shall be adhered to in order to avoid disturbance of the nest until the young have fledged or the nest has failed, as determined by a qualified biologist. A 300-foot construction setback (or a distance to be determined by the qualified biologist, based on species, construction activity, and the birds' response/habituation to human presence, and/or topographic features that could limit construction activity disturbance to the nest) shall be established for all other migratory birds. If no active nests are identified, construction may commence. All construction setbacks shall be clearly demarcated in the field with appropriate material (flagging, staking, construction fencing, etc.) and verified by a qualified biologist. Such fencing shall be maintained and monitored until the nest is confirmed to be inactive. If an avoidance buffer is not feasible, as determined by a qualified biologist in consultation with the City, noise walls or other noise attenuation devices may be installed as needed to prevent disturbance to the nest. Mitigation Measure MM BIO-2: A pre-construction survey for burrowing owl shall be conducted within 30 days of ground disturbing activities in accordance with the Western Riverside County Multiple Species Habitat Conservation Plan (WRC MSHCP). The one-day survey shall be conducted by a qualified biologist within all suitable habitat areas on the project site, and will focus on areas previously identified as containing suitable habitat and potentially suitable burrows. A qualified biologist is one who has the appropriate education and experience to accomplish pre- construction burrowing owl surveys. If no burrowing owls are observed construction may commence. If burrowing owls are observed, the Regional Conservation Authority and the City will be notified and additional measures, such as avoidance or installation of exclusion devices to evict the owls, will be required to demonstrate compliance with the WRC MSHCP. ' Mitigation Measure MM BIO-3: The applicant shall pay applicable Local Development Mitigation fees, as established and required by the Conservation Authority and City of Temecula, for continued A-17 11086-0191\2074636v2.doc implementation of the Western Riverside County MSHCP and Habitat ' Conservation for the Stephens' Kangaroo Rat. b. Facts in Support of Findings Eleven special-status wildlife species are likely to occur within or in proximity of the Project Site, six of which have been documented within the Project Site. (See Draft EIR, Table 3.3-3.) The majority of the species observed onsite are raptors and other migratory birds protected under the MBTA, including red-tailed hawk, kestrel, mourning dove, killdeer, northern rough-winged swallow, and white-tailed kite. All bird species observed onsite are likely using the Project Site's non-native grassland areas for foraging (and nesting in the case of the mourning dove) and the trees and shrubs for perching, but supplementing these activities with the surrounding open space parks, Temecula Creek, and other fallow fields. If it is found that any of these species have established an active nest on the Project Site and that the nest would be lost as a result of site-preparation, significant impacts to these species could occur without mitigation. Mitigation Measure MM BIO-1 requires any clearing and grubbing activities to occur outside the avian breeding season to the extent possible. If these activities are necessary during the breeding season, it requires a focused survey for active nests and a 500-foot or 300-foot construction setback from any nesting location. This mitigation measure would ensure that Project construction would not result in impacts by avoiding ' construction activities that would impact any birds nesting on the Project Site Therefore, impacts to protected birds would be less than significant with mitigation. In addition, the following species covered by the WRC MSHCP are likely to occur on the Project Site: coyote, coastal western whiptail, northern red diamondback rattlesnake, and burrowing owl. With the exception of the burrowing owl, these WRC MSHCP Covered Species are considered adequately conserved through implementation of the WRC MSHCP and the payment of associated development fees, as required by Mitigation Measure MM-1310-3. The burrowing owl would be adequately conserved with the implementation of Mitigation Measure MM 1310-2, which includes preconstruction surveys, to ensure no active burrows or owls are impacted by Project development. Therefore, impacts would be less than significant with the implementation of these mitigation measures. D. CULTURAL RESOURCES 1. Historical and Archaeological Resources Impact CUL-1: The results of the Phase I and Extended Phase I investigation conducted in 2012, which included archival research, geoarchaeological review, Native American contact, field survey, and Extended Phase I testing, suggest the Project area is sensitive for cultural resources. Although the lack of identified subsurface archaeological materials greatly reduces the likelihood of encountering buried archaeological resources as a result of Project implementation, it does not A-18 11086-0191\2074636v2.doc preclude this possibility entirely. The possibility exists of encountering ' buried archaeological resources that may be considered historical resources or unique archaeological resources pursuant to CEQA. 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 historical and archaeological resources. Specifically, the following measures have been included to ensure that the Project's potential historical and archaeological resources impacts remain less than significant. Mitigation Measure MM-CUL-1: Prior to the issuance of a grading permit and prior to the start of any ground-disturbing activity, the applicant shall retain a qualified archaeologist, defined as an archaeologist meeting the Secretary of the Interior's Professional Qualification Standards for archaeology (U.S. Department of the Interior 2012) and as approved by the City of Temecula to provide archaeological expertise in carrying out all mitigation measures related to archaeological resources (Mitigation Measures MM CUL-2, -3 and -5). Mitigation Measure MM-CUL-2: The qualified archeologist, or an archaeologist working under the direction of the qualified archaeologist, ' along with a representative designated by the Pechanga Tribe, shall conduct pre-construction cultural resources worker sensitivity training to inform construction 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 attend the training and shall retain documentation demonstrating attendance. Mitigation Measure MM-CUL-3: Prior to the start of ground- disturbing activities, the qualified archaeologist shall designate an archaeological monitor to observe ground-disturbing activities, including but not limited to, brush clearance and grubbing, grading, trenching, excavation, and the construction of fencing and access roads, in consultation with the Pechanga monitor. If ground-disturbing activities occur simultaneously in two or more areas located more than 500 feet apart, additional archaeological monitors may be required. The archaeological monitor shall keep daily logs. After monitoring has been completed, the qualified archaeologist shall prepare a monitoring report that details the results of monitoring activities, which shall be submitted to the City, Pechanga Tribe, and to the EIC at the University of California, Riverside. ' Mitigation Measure MM-CUL-4: At least 30 days prior to issuance of a grading permit and prior to the start of any ground-disturbing activity, the applicant shall contact the Pechanga Tribe to notify the Pechanga Tribe of A-19 11086-0191\2074636v2.doc grading, excavation and the monitoring program, and to coordinate with ' the Pechanga Tribe to develop a Cultural Resources Treatment and Monitoring Agreement (Agreement). The Agreement shall address the treatment of known cultural resources; the designation, responsibilities, and participation of Native American Tribal monitors during grading, excavation and all 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. The Pechanga Tribal monitor shall monitor all ground-disturbing activities including, but not limited to, brush clearance and grubbing, grading, trenching, excavation, and the construction of fencing and access roads, as specified in the Agreement, in consultation with the project archaeologist. If ground-disturbing activities occur simultaneously in two or more locations, additional Native American monitors may be required. Mitigation Measure MM-CUL-5: If inadvertent discoveries of subsurface archaeological/cultural resources are made during ground-disturbing activities, the applicant, the qualified archaeologist, and the Pechanga Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Pursuant to PRC ' Section 21083.2(b) avoidance is the preferred method of preservation for archaeological resources. If the applicant, the qualified archaeologist, and the Pechanga Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the City Planning Director for decision. The City Planning Director shall make the determination based on the provisions of the CEQA with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the Pechanga Tribe. Notwithstanding any other rights available under the law, the decision of the City Planning Director shall be appealable to the City Planning Commission and/or City Council. Mitigation Measure MM-CUL-6: The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are recovered as a result of project implementation to the Pechanga Tribe for proper treatment and disposition as outlined in the Agreement (Mitigation Measure CUL-4). Mitigation Measure MM-CUL-7: All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation, if feasible. b. Facts in Support of Findings ' There are no current, known archeological or built environment resources in the Project Site that are listed in or eligible for listing in the California Register or local register, or A-20 11086-0191\2074636v2.doc that may be considered unique archaeological resources. As such, there would be no ' impact to known historical or unique archaeological resources. Nonetheless, archival research indicates the Project Site lies within an area that is highly sensitive for cultural resources. Within a 1-mile radius of the Project Site, there have been a total of 37 previously recorded cultural resources, of which 17 were archaeological sites, 14 were isolated artifacts, and six were historic-period built resources. In addition, geoarchaeological review suggests that the Project Site, particularly the southern portion, would have been a suitable location for prehistoric human settlement. Phase I and Extended Phase I investigations conducted in 2012 identified four prehistoric isolated artifacts, which are not eligible for listing in the California Register or local register because they are isolated artifacts that lack archaeological context and do not otherwise meet CEQA's definitions for historical resources or unique archaeological resources. However, the presence of these resources suggest that there is a potential for encountering additional previously unrecorded cultural materials during Project related ground disturbing activities. The lack of identified subsurface archaeological materials greatly reduces the likelihood of encountering buried archaeological resources, but it does not preclude this possibility entirely. As such, there exists the possibility of encountering buried archaeological resources that may be considered historical resources or unique archaeological resources pursuant to CEQA. Mitigation Measures MM-CUL-1 through MM-CUL-7 require specific ' measures to ensure that any such resources would be identified and any impacts to the resources would be avoided. Therefore, these mitigation measures would ensure that impacts would be reduced to less than significant. 2. Paleontological Resources Impact CUL-2: If site preparation activities require grading 10 or more feet below the ground surface, there could be the potential to disturb and impact significant paleontological resources. 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 paleontological resources. Specifically, the following measures have been included to ensure that the Project's potential paleontological resources impacts remain less than significant. Mitigation Measure MM-CUL-8: Prior to construction, a training session on the recognition of the types of paleontological resources that could be encountered within the project area and the procedures to be followed if they are found shall be presented to project construction personnel by a qualified cultural resources professional. This training may be conducted ' concurrently with the cultural resources training required in Mitigation Measure MM-CUL-2. A-21 11086-0191\2074636v2.doc Mitigation Measure MM-CUL-9: During construction, should excavations ' be greater than 10 feet in depth, a qualified paleontologist shall be retained and shall designate a paleontological monitor to observe the sediments. Should these sediments appear to have a greater potential for fossils, paleontological monitoring of ground disturbing activities below 10 feet shall commence until such a time as the excavation of these sediments has ceased, or upon determination by the qualified paleontologist that the likelihood of encountering paleontological resources is unlikely. Mitigation Measure MM-CUL-10: If construction or other project personnel discover any potential fossils during construction, or project operations and maintenance, regardless of the depth of work, work within 100 feet of the discovery location should cease and a qualified paleontologist should be called to further assess the discovery and make further recommendations as necessary. b. Facts in Support of Findings This Project is mapped as lying entirely within recent (Holocene) alluvial sediments and Quaternary alluvium. These sediments are generally considered too young to contain fossils of any significance. In addition, man-made or affected sediments (artificial fill) have been noted and observed on portions (two units) of the Project. These sediments ' are too young to contain paleontological resources. Although both of these units have low sensitivity rating, the San Bernardino County Museum records search notes the possibility of higher potential, potentially fossiliferous formations beneath these two units in the Project Site at an unknown depth but as shallow as 10 feet below the ground surface. Mitigation Measures MM-CUL-8, MM, CUL-9, and MM-CUL-10 ensure that impacts to potential unknown paleontological resources would be less than significant by requiring the identification, avoidance, and assessment by a qualified paleontologist. Therefore, impacts would be less than significant with mitigation incorporated. 3. Human Remains Impact CUL-3: Because the proposed Project would involve ground- disturbing activities, it is possible that such actions could unearth, expose, or disturb previously unknown human remains interred outside of a formal cemetery. 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 ' human remains. Specifically, the following measures have been included to ensure that the Project's potential human remain disturbance impacts remain less than significant. A-22 11086-0191\2074636v2.doc Mitigation Measure MM-CUL-11: If human remains are encountered, ' California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to PRC 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 NAHC must be contacted within 24 hours. The NAHC must then immediately identify the MLD upon receiving notification of the discovery. The MLD shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in PRC Section 5097.98 and the Agreement described in Mitigation Measure MM-CUL-4. b. Facts in Support of Findings No formal cemeteries or the presence of human remains have been documented within the Project Site. However, because the nature of the proposed Project would involve ground-disturbing activities, it is possible that such actions could unearth, expose, or disturb previously unknown human remains interred outside of a formal cemetery. Mitigation Measure MM-CUL-11 would ensure identification and proper handling of any previously unknown human remains and impacts would therefore be less than ' significant with mitigation incorporated. 4. Tribal Cultural Resources Impact CUL-4: Project implementation may cause a substantial adverse change in the significance of a tribal cultural resource as defined in PRC 21074. 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 tribal cultural resources. Specifically, the following measures have been included to ensure that the Project's potential tribal cultural resources impacts remain less than significant. Mitigation Measure MM-CUL-12: The applicant shall provide open space area(s) for the congregation of participants during the Pechanga Tribe's "Trail of Tears" commemorative eviction walk, which shall consist of the area near the corner of Pechanga Parkway and Loma Linda Road and the sidewalk along Loma Linda Road, near the intersection with Temecula Lane; both areas shall be outside the walls of the community, and be ' designated by an exhibit as part of the construction plans, on the dates described in the access agreement. The applicant and the Pechanga Tribe shall develop and enter into an access agreement formalizing the A-23 11086-0191\2074636v2.doc Pechanga Tribe's right to access the open space area and upon which ' days and times, permitted and unpermitted activities within the open space area, donation by applicant of a temporary shade structure for use by the Pechanga Tribe, as necessary, provisions for the transfer of rights and obligations under the access agreement to future owners, including any Home Owner's Association or similar entity, and any other provisions deemed necessary to carry out the purpose of accessing the open space. The applicant shall insert language into the Covenants, Conditions, and Restrictions (CC&Rs) allowing the Tribe access to the designated space(s) during this annual two-day event and incorporating into its terms the access agreement. Both the access agreement and CC&Rs shall include an exhibit designating the open space(s) area for use by the Pechanga Tribe during the commemorative eviction walk. Mitigation Measure MM-CUL-13: The applicant shall consult with the Pechanga Tribe on the creation and installation of commemorative public art (e.g., plaques, signage, patterned pavers, etc.) related to the eviction of the Temeku peoples. The public art shall commemorate the eviction and "Trail of Tears," and shall be designed in collaboration with the Pechanga Tribe. The applicant shall be responsible for the costs associated with providing and installing the commemorative public art. The dedication and the cost of the public art shall be in conformance with the ' City of Temecula's public art dedication process and cost estimating per Municipal Code, Title 5 Business Licenses and Regulations, Section 5.08.070, Procedure for donation or installation of public artwork. b. Facts in Support of Findings During the government-to-government consultation undertaken by the City pursuant to Public Resources Code Section 21080.2.152, the Pechanga Tribe identified a Tribal Cultural Resource related to the eviction of the Temeku peoples within the Project area. Because a Tribal Cultural Resource has been identified within the Project area, Mitigation Measures MM-CUL-12 and MM-CUL-13 shall be implemented to reduce Project-related impacts to less than significant. E. GEOLOGY AND SOILS 1. Construction Impacts to Soil Erosion Impact GEO-4: Construction of the Project could result in soil erosion of the loss of topsoil on the Project Site. a. Findings Construction of the Project has a potential to result in soil erosion or the loss of topsoil ' on the Project Site because construction would involve significant earthwork activities, including grading and stockpiling of soils. Changes or alterations have been required in A-24 11086-0191\2074636v2.doc or incorporated into the Project which avoid or substantially lessen the potentially ' significant environmental effects to soil erosion 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-HYDRO-1: The applicant shall retain a Qualified Storm Water Pollution Prevention Plan (SWPPP) Developer to prepare a SWPPP in accordance with Construction General Permit requirements. The SWPPP must be completed prior to filing a Notice of Intent (NOI) to apply for coverage under the Construction General Permit. The SWPPP shall contain a detailed project description and best management practices (BMPs) to be implemented onsite during and post-construction; BMP categories are expected to include, but are not limited to erosion control, sediment control, waste management and good housekeeping BMPs. Examples of BMPs include: • Revegetation of landscaped areas; • Hydro-seeding, mulching, or other erosion controls for inactive exposed areas; ' • Sediment controls such as check dams, desilting basins, fiber rolls, and silt fencing; • Catch basin inlet protection; • Construction materials management; and • Cover and containment of construction materials and wastes. The project operator shall also submit an Erosion and Sediment Control Plan (ESCP) to the City of Temecula Department of Public Works for approval as part of the project's grading permit application process. The ESCP shall detail planned erosion control measures on the construction site including but not limited to filtration of runoff, erosion controls, sediment controls, site perimeter protection, stabilization of construction access points, and slope protection. The ESCP shall be approved by the City prior to the start of construction activities. b. Facts in Support of Findings This mitigation measure requires the implementation of construction best management practices (BMPs), which would be detailed in the Storm Water Pollution Prevention Plan (SWPPP) as required by the Construction General Permit from the National Pollution Discharge Elimination System (NPDES) program, as further discussed in the Hydrology and Water Quality section. Although these measures are intended to prevent A-25 11086-0191\2074636v2.doc sedimentation from entering runoff from the site, they generally prevent soil erosion and ' loss of topsoil occurring at a construction site. Therefore, with adherence to the BMPs, potential construction-related erosion would be reduced to less than significant. F. HAZARDS AND HAZARDOUS MATERIALS 1. Construction —Transport, Use, or Disposal of Hazardous Materials. Impact HAZ-1: Hazardous materials used onsite during construction activities (i.e., petroleum products, solvents, paints, etc.) could be released to the environment through improper handling or storage, resulting in a potentially significant impact. 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 hazardous materials. Specifically, the following measures have been included to ensure that the Project's potential hazardous material impacts remain less than significant. Mitigation Measure MM HAZ-1: As a condition of approval for a grading permit, the use of construction best management practices (BMPs) shall be ' implemented as part of construction to minimize the potential negative effects of accidental release of hazardous materials to groundwater and soils. These shall include the following: • Follow manufacturer's recommendations on use, storage and disposal of chemical products used in construction; • Avoid overtopping construction equipment fuel gas tanks; • During routine maintenance of construction equipment, properly contain and remove grease and oils; and • Properly dispose of discarded containers of fuels and other chemicals in accordance with manufacturer's specifications and local and state regulations. All the BMPs shall be in accordance with the most recent version of the California Stormwater Quality Association (CASQA) BMP Handbook for construction and included in contract specifications. b. Facts in Support of Findings ' The onsite storage and/or use of large quantities of materials capable of impacting soil and groundwater are not typically required for a project of this proposed size and type. A-26 11086-0191\207463M.doc However, construction activities would require the use of certain hazardous materials such as fuels, oils, solvents, and glues. The inadvertent release of large quantities of these materials into the environment could adversely impact soil, surface waters, or groundwater quality. As such, Mitigation Measure MM-HAZ-1 requires the implementation of best management practices to minimize the potential negative effects of accidental release of hazardous materials to groundwater and soils. Therefore, with implementation of Mitigation Measure MM-HAZ-1 , impacts would be reduced to less than significant. G. HYDROLOGY AND WATER QUALITY 1 . Water Quality or Waste Discharge Impact HYDRO-1: The Project could degrade water quality as a result of proposed construction and/or operational activities. 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 water quality and waste discharge. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. ' Mitigation Measure MM-HYDRO-1: The applicant shall retain a Qualified Storm Water Pollution Prevention Plan (SWPPP) Developer to prepare a SWPPP in accordance with Construction General Permit requirements. The SWPPP must be completed prior to filing a Notice of Intent (NOI) to apply for coverage under the Construction General Permit. The SWPPP shall contain a detailed project description and best management practices (BMPs) to be implemented onsite during and post-construction; BMP categories are expected to include, but are not limited to erosion control, sediment control, waste management and good housekeeping BMPs. Examples of BMPs include: • Revegetation of landscaped areas; • Hydro-seeding, mulching, or other erosion controls for inactive exposed areas; • Sediment controls such as check dams, desilting basins, fiber rolls, and silt fencing; • Catch basin inlet protection; • Construction materials management; and ' • Cover and containment of construction materials and wastes. A-27 11086-0191\2074636v2.d oc The project operator shall also submit an Erosion and Sediment Control ' Plan (ESCP) to the City of Temecula Department of Public Works for approval as part of the project's grading permit application process. The ESCP shall detail planned erosion control measures on the construction site including but not limited to filtration of runoff, erosion controls, sediment controls, site perimeter protection, stabilization of construction access points, and slope protection. The ESCP shall be approved by the City prior to the start of construction activities. Mitigation Measure MM-HYDRO-2: The applicant shall implement the best management practices (BMPs) contained in the Water Quality Management Plan (WQMP) prepared for the project in March 2016. The project WQMP proposes implementation of various Structural Source Control BMPs (permanent, structural features), Operational Source Control BMPs (implemented by the site's occupant or users), and Low Impact Development (LID) BMPs. Source Control BMPs specified in the WQMP include, but are not limited to, marking all inlets to indicate that they drain to the ocean, designing landscaping to minimize irrigation and runoff, minimizing fertilizer and pesticide use, designating of trash receptacle areas, and avoiding the use of unprotected metals that could leach into runoff. Operational BMPs specified in the WQMP include, but are not limited to, repainting or replacing inlet markings, providing ' Integrated Pest Management plan information to owners, tenants, and employees, and inspecting and maintaining drains to prevent blockages and overflow. LID BMPs include a large infiltration basin, encouragement of natural infiltration, and conversion of a concrete-lined flood control channel to an infiltration swale. b. Facts in Support of Findings During construction, potential impacts on water quality are related to sediments, turbidity, and certain pollutants that might be associated with sediments (e.g., phosphorus and legacy pesticides). Construction-related activities that are primarily responsible for sediment releases are related to exposure of soils to rainfall/runoff and wind and include removal of vegetation, grading, and excavation. Other pollutants that are of concern during construction include waste materials, chemicals, concrete, and petroleum products used in building construction or the maintenance of heavy equipment. In accordance with Municipal Code Chapter 18.18, the Project operator would be required to comply with construction runoff-related measures including avoidance of grading during the rainy season when possible, minimizing exposure time of disturbed soil areas, stabilization of disturbed areas as soon as possible, and implementation of landscaping as early as feasible. Further, Mitigation Measure MM-HYDRO-1 would require the applicant to prepare a ' Stormwater Pollution Prevention Plan (SWPPP) in accordance with the Construction General Permit, which would utilize erosion control, sediment control, waste management and good housekeeping BMPs to prevent construction-related pollutants A-28 11086-0191\2074636v2.doc from mixing with stormwater and being discharged into receiving waters. Erosion control ' refers to any source control practice that protects the soil surface and prevents soil particles from being detached by rainfall, flowing water, and wind. Sediment control refers to any practice that traps soil particles after they have been detached and moved by rain, flowing water, and wind. Mitigation Measure MM-HYDRO-1 also requires the Project operator to submit an Erosion and Sediment Control Plan (ESCP) to the City as part of the grading permit application in order to prevent erosion and sedimentation from occurring during construction. These required measures would reduce potential for erosion and sedimentation to occur onsite. With implementation of the SWPPP, ESCP, and Municipal Code requirements, water quality impacts from construction would be less than significant. Operation of the Project would introduce residential and recreational land uses to the Project Site, which have the potential to impact the existing water quality of the Project Site's receiving water bodies. To reduce impacts to water quality, Mitigation Measure MM-HYDRO-2 would require the Project operator to prepare a Water Quality Management Plan (WQMP) in compliance with the City's Stormwater Management Plan (SWMP) and Stormwater Ordinance. By cross-referencing pollutants that currently impair the Project Site's receiving waters and those associated with proposed residential and recreational land uses, the following priority pollutants of concern were identified for the WQMP: bacteria, metals, nutrients, pesticides, and toxic organic ' compounds. The Project WQMP's would implement various Structural Source Control BMPs and Operational Source Control BMPs, including both physical structures and actions that would prevent onsite priority pollutants of concern from coming into contact with runoff. The WQMP also recommends infiltration as a Low Impact Development (LID) BMP and infiltration will be achieved through a large infiltration basin appropriately sized to capture runoff and conversion of the existing concrete-lined flood control channel into an infiltration swale. The infiltration basin and infiltration swale would be used to remove targeted pollutants from stormwater runoff onsite during operation through the absorption and filtering of runoff. With implementation of the Project-specific WQMP recommendations, the Project would achieve compliance with the City's SWMP and Stormwater Ordinance and impacts to water quality during operation would be less than significant. 2. Drainage Pattern Alteration through Stream or River Alteration, Erosion, or Surface Runoff— Siltation or Flooding Impact HYDRO-3: The Project could substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site. a. Findings A-29 11086-0191\2074636v2.doc Changes or alterations have been required in or incorporated into the Project which ' avoid or substantially lessen the potentially significant environmental effects related to drainage patterns. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM-HYDRO-1: The applicant shall retain a Qualified Storm Water Pollution Prevention Plan (SWPPP) Developer to prepare a SWPPP in accordance with Construction General Permit requirements. The SWPPP must be completed prior to filing a Notice of Intent (NOI) to apply for coverage under the Construction General Permit. The SWPPP shall contain a detailed project description and best management practices (BMPs) to be implemented onsite during and post-construction; BMP categories are expected to include, but are not limited to erosion control, sediment control, waste management and good housekeeping BMPs. Examples of BMPs include: • Revegetation of landscaped areas; • Hydro-seeding, mulching, or other erosion controls for inactive exposed areas; • Sediment controls such as check dams, desilting basins, fiber rolls, and silt fencing; • Catch basin inlet protection; • Construction materials management; and • Cover and containment of construction materials and wastes. The project operator shall also submit an Erosion and Sediment Control Plan (ESCP) to the City of Temecula Department of Public Works for approval as part of the project's grading permit application process. The ESCP shall detail planned erosion control measures on the construction site including but not limited to filtration of runoff, erosion controls, sediment controls, site perimeter protection, stabilization of construction access points, and slope protection. The ESCP shall be approved by the City prior to the start of construction activities. Mitigation Measure MM-HYDRO-2: The applicant shall implement the best management practices (BMPs) contained in the Water Quality Management Plan (WQMP) prepared for the project in March 2016. The project WQMP proposes implementation of various Structural Source Control BMPs (permanent, structural features), Operational Source ' Control BMPs (implemented by the site's occupant or users), and Low Impact Development (LID) BMPs. Source Control BMPs specified in the WQMP include, but are not limited to, marking all inlets to indicate that A-30 11086-0191\2074636v2.d oc they drain to the ocean, designing landscaping to minimize irrigation and ' runoff, minimizing fertilizer and pesticide use, designating of trash receptacle areas, and avoiding the use of unprotected metals that could leach into runoff. Operational BMPs specified in the WQMP include, but are not limited to, repainting or replacing inlet markings, providing Integrated Pest Management plan information to owners, tenants, and employees, and inspecting and maintaining drains to prevent blockages and overflow. LID BMPs include a large infiltration basin, encouragement of natural infiltration, and conversion of a concrete-lined flood control channel to an infiltration swale. b. Facts in Support of Findings During construction, excavation, grading, and stockpiling of materials would alter the ground surface, consequently altering drainage patterns. Further, a portion of the Project Site is located within a flood zone, indicating that flood flows have a chance of inundating the area and being altered by construction activities. Altered drainage patterns have the potential to result in erosion, sedimentation and/or flooding on or offsite by redirecting or concentrating flows onsite. To reduce these potential impacts, Mitigation Measure MM-HYDRO-1 would require the Project operator to implement a SWPPP that would include erosion and sediment control BMPs, which minimize the potential for erosion and sedimentation to occur during construction. The Project operator would also be required to submit an ESCP that includes erosion and sedimentation control measures as well as BMPs designed to filter (and slow the velocity of) runoff onsite during construction. Further, compliance with Municipal Code Chapter 18.18 would avoid grading operations during the rainy season to the maximum extent possible, minimize exposure time of disturbed soil areas, and implement landscaping as early as feasible. These measures and BMPs would minimize the potential for erosion, sedimentation and flooding to occur during construction. Therefore, major alterations to the drainage pattern would occur over a relatively limited time frame and would be timed to avoid rainy season/flooding events when possible. Impacts to drainage patterns and associated erosion, sedimentation and/or flooding during construction would be less than significant with the above mitigation measures incorporated. During operation, the Project Site would consist of new residences, recreational areas, parking spaces, and landscaped areas. Approximately 52 percent of the Project Site (or approximately 12 of the 23 total acres) would be impervious. Therefore, compared to existing undeveloped conditions, the Project would permanently alter the drainage pattern of the Site. ' Mitigation Measure MM-HYDRO-2 requires implementation of the BMPs specified in the Project-specific WQMP, including low Impact Development (LID) BMPs requiring conversion of the existing Project Site concrete-lined channel to an infiltration swale with A-31 11086-0191\2074636v2.doc grass sides and cobblestone bottom. With implementation of these measure and BMPs, ' drainage would drain similarly to existing conditions (in a northwest direction) to the swale that would then direct surface flows into a newly-constructed infiltration basin at the northern end of the Project Site. The infiltration swale and infiltration basin would promote absorption of floodwaters onsite and would thus attenuate flooding potential. Therefore, the Project's permanent alterations in topography and drainage on the Project Site are not expected to result in erosion, sedimentation, or flooding with the implementation of Mitigation Measures MM-HYDRO-1 and MM-HYDRO-2. Impacts would be less than significant. 3. Create or Contribute Stormwater Runoff Water or Require New Storm Water Drainage Facilities or Expansion of Existing Facilities. Impact HYDRO-4: The Project could create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. 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 ' stormwater drainage runoff or drainage. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. See Mitigation Measures MM-HYDRO-1 and MM-HYDRO-2 above. b. Facts in Support of Findings Currently, the Project Site's drainage flows to the northwest corner into an open channel that eventually discharges into Temecula Creek and, as further discussed above, construction activities and materials would alter the drainage pattern. Construction of the Project would require the use of water onsite for various purposes including dust control, concrete mixing, and sanitation, which would potentially increase flow into the drainage system. Mitigation Measure MM-HYDRO-1 requires implementation of an ESCP, which requires filtration of discharge leaving the Project Site, thereby slowing discharge flows and preventing runoff from overwhelming storm drains. With implementation of Mitigation Measure MM-HYDRO-1, construction of the Project would not exceed the existing capacity of storm drains during construction. During operation, the Project Site would consist of new residences, recreational areas, ' parking spaces, and landscaped areas. Approximately 52 percent of the Project Site (or approximately 12 of the 23 total acres) would be impervious. Compared with existing undeveloped site conditions, operation of the Project could reduce the site's capacity to A-32 11086-0191 Q07463W.doc capture and filter stormwater runoff and, during a storm event, an increase in runoff could potentially overwhelm receiving storm drains. However, the proposed Project includes the installation of storm drains on the Project Site that would connect with the existing storm drain in the northwest corner. Mitigation Measure MM-HYDRO-2 would require the implementation of infiltration LID BMPs by way of an infiltration basin, conversion of the concrete-lined channel to an infiltration swale, and maximization of pervious, open space areas throughout the Project Site. The Preliminary Drainage Study prepared for the Project concluded the Project would have no negative impacts downstream post-development, indicating that flows leaving the Project Site would not overwhelm or exceed storm drain capacity Therefore, operation of the proposed Project would result in less than significant impacts related to the capacity of existing and planned stormwater drainage systems with the implementation of mitigation measure MM-HYDRO-2. 4. Dearadation of Water Quality Impact HYDRO-5: The Project could otherwise substantially degrade water quality. 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 water quality. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. See Mitigation Measures MM-HYDRO-1 and MM-HYDRO-2 above. b. Facts in Support of Findings As discussed above in Sections VI.G, impacts to water quality from the introduction of sediment or other pollutants into receiving water bodies during construction and operation would be reduced through the implementation of the SWPPP and ESCP required as part of Mitigation Measure MM-HYDRO-1 and the implementation of the BMPs specified in the Project-specific WQMP required as part of Mitigation Measure MM-HYDRO-2. Given the depth of the local groundwater table (approximately 63 feet beneath the ground surface), ground-disturbing construction activities, including excavation and trenching, would not likely reach groundwater such that groundwater contamination would occur. During operation, surface water infiltration would be subject to natural treatment via percolation prior to entering the groundwater basin, and would thus not substantially affect groundwater quality. As such, the Project would not have the potential to otherwise substantially degrade water quality. Therefore, impacts to the ' degradation of water quality would be less than significant with the implementation of Mitigation Measures MM-HYDRO-1 and MM-HYDRO-2. A-33 11086-0191\2074636v2.doc 5. Housing or Structures Within 100-Year Flood Hazard Area — ' Flooding and Flood Flows Impact HYDRO-6: The Project could place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map; or place within a 100-year flood hazard area structures which would impede or redirect flood flows. 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 water quality. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM-HYDRO-2: The applicant shall implement the best management practices (BMPs) contained in the Water Quality Management Plan (WQMP) prepared for the project in March 2016. The project WQMP proposes implementation of various Structural Source Control BMPs (permanent, structural features), Operational Source Control BMPs (implemented by the site's occupant or users), and Low Impact Development (LID) BMPs. Source Control BMPs specified in the ' WQMP include, but are not limited to, marking all inlets to indicate that they drain to the ocean, designing landscaping to minimize irrigation and runoff, minimizing fertilizer and pesticide use, designating of trash receptacle areas, and avoiding the use of unprotected metals that could leach into runoff. Operational BMPs specified in the WQMP include, but are not limited to, repainting or replacing inlet markings, providing Integrated Pest Management plan information to owners, tenants, and employees, and inspecting and maintaining drains to prevent blockages and overflow. LID BMPs include a large infiltration basin, encouragement of natural infiltration, and conversion of a concrete-lined flood control channel to an infiltration swale. b. Facts in Support of Findings The northern portion of the Project Site is located within a 100-year flood zone and has the potential to become flooded when major rainstorms cause stream overflows in Temecula Creek. (See Draft EIR, Figure 3.8-1.) However, the Preliminary Drainage Study prepared for the Project Site determined there would be no negative downstream impacts during Project operation regarding post-development flows, indicating the Project would not worsen flooding. ' During operation, the proposed Project would consist of 245 residential units (attached and detached), a clubhouse including a spa and pool, tot lots, picnic areas, a bocce court, and a meandering trail. Potential impacts to the site's hydrology resulting from A-34 11086-0191\2074636v2.doc placing housing and recreational structures in the flood zone include increased runoff volume and velocity; reduced infiltration; increased flow frequency, duration, and peaks; faster time to reach peak flow; and water quality degradation. In the event of a flood, the Project Site would be able to infiltrate portions of flood flows. Specific building standards, as described in Municipal Code Chapter 15.12, apply to flood-prone areas, including anchoring, use of flood-resistant building materials, use of adequate drainage paths, and elevating the structures to or above the base flood elevation. The City also reviews development plans for projects within the floodplain to ensure compliance with the California Building Code, the City's Municipal Code, and FEMA floodplain development requirements to resist flood-related damage. As part of compliance with Mitigation Measure MM-HYDRO-2, the proposed Project would implement LID BMPs, including an infiltration basin, conversion of the concrete-lined channel to an infiltration swale, and pervious surfaces throughout the site to increase site infiltration. With implementation of these measures, the Project Site would be able to infiltrate portions of flood flows in the event of a flood. Therefore, impacts related to placement of housing and structures within a 100-year flood hazard area would be less than significant with mitigation. H. LAND USE AND PLANNING 1 . Consistency with Conservation Plans. Impact LAN-3: The Project is located within the WRC MSHCP area and the payment of development fees to the Stephens' kangaroo fund is required. 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 consistency with conservation plans. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM BIO-3: The applicant shall pay applicable Local Development Mitigation fees, as established and required by the Conservation Authority and City of Temecula, for continued implementation of the Western Riverside County MSHCP and Habitat Conservation for the Stephens' Kangaroo Rat. b. Facts in Support of Findings The Project Site is located within the Western Riverside County Multiple Species Habitat Conservation Plan (WRC MSHCP) area, where the City of Temecula is a ' participating entity and permittee of the WRC MSHCP. A full WRC MSHCP compliance report for the Project determined that the Project was consistent with the WRC MSHCP. Additionally, a subsequent Biological Technical Report and MSHCP Consistency A-35 11086-0191\2074636v2.doc Analysis was prepared in 2016 to document the current existing conditions on the ' Project Site to determine if conditions have changed since the previous survey reports. Based on the surveys in these reports, the proposed Project is in compliance with the WRC MSHCP. Specifically, the Project Site is located within two criteria cells-7445 and 7446—of the WRC MSHCP, which requires the conservation of Proposed Constrained Linkage 14 (Temecula Creek) and species-specific surveys for burrowing owl. As described under Biological Resources above, implementation of Mitigation Measure MM-610-2 requires preconstruction surveys to confirm the presences or absence of this species, which would reduce any potentially significant impacts related to burrowing owls. Thus, implementation of this mitigation measure would ensure consistency with the WRC MSHCP as it relates to the burrowing owls. Additionally, the Project Site falls within the federal Habitat Conservation Program (HCP) fee payment area for the Stephens' kangaroo rat. This fee payment area generally encompass the historic range of the Stephens' kangaroo rat in Western Riverside County. However, the Project Site is not located within identified occupied habitat for the Stephens' kangaroo rat and the species has a low potential to occur due to lack of geographic connectivity. Therefore, impacts to the Stephen's kangaroo rat would be less than significant, but development fees into the Stephens' kangaroo rat fund are required by Mitigation Measure MM BIO-3 and City of Temecula Municipal ' Code (Section 3.2.3) for consistency with the WRC MSHCP. Therefore, the proposed Project would not conflict with applicable conservation plans and impacts would be less than significant with mitigation incorporated. I. NOISE 1 . Operations – Exposure to Noise Levels in Excess of Standards. Impact NOI-1: Operation of the proposed Project could expose nearby sensitive resources to noise levels exceeding 5 dB due to operation of HVAC equipment at the Project Site. Impact NOI-2: The proposed duplex/triplex units could be exposed to noise levels exceeding 70 dBA CNEL due to traffic noise along adjacent roadways. 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 exposure to excessive noise levels. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. ' Mitigation Measure MM-NOI-3: Prior to the issuance of a certificate of occupancy, the applicant shall ensure that all new HVAC or mechanical A-36 11086-0191\2074636v2.doc equipment associated with the proposed project be designed with ' adequate shielding (e.g., via rooftop parapet or enclosure) or noise muffling devices to ensure that noise levels would not exceed the ambient noise level on the premises of other occupied residential properties located offsite by more than 5 dBA CNEL. Mitigation Measure MM-NOI-4: Prior to the issuance of a certificate of occupancy, the applicant shall ensure that all exterior windows associated with the proposed residential uses at the project site along Pechanga Parkway, west of Loma Linda Road shall be constructed to provide a sufficient amount of sound insulation to ensure that interior noise levels would be below 45 dB Ldn or CNEL in any habitable room. b. Facts in Support of Findings As part of the proposed Project, new mechanical equipment, such as heating, ventilation, and air conditioning units (HVAC), may be installed on the residential units. The noise levels generated by the new HVAC units and exhaust fans could potentially disturb the existing residential uses surrounding the Project Site. In particular, the residential uses located immediately west of the Project Site, across the concrete-lined flood channel, would be exposed to the highest noise levels due to their proximity to the Project Site. According to Municipal Code Section 9.20.030 (Exemptions), sound emanating from heating and air conditioning equipment are exempt from the City's noise standards. Nonetheless, as an industry practice and Project design, the onsite HVAC units and other noise-generating mechanical equipment on new residential units would typically be installed on the rooftops and would be equipped with noise muffling devices or shielding to reduce noise levels that may affect nearby noise-sensitive uses. To ensure that the nearby noise-sensitive uses to the Project Site would not be adversely affected by any HVAC equipment noise, Mitigation Measure MM N0I-1 requires the use shielding or noise muffling devices that ensure noise levels would not exceed the noise level on the premises of offsite residential properties by more than 5 dBA CNEL. Therefore, noise impacts associated with HVAC equipment would be mitigated to less than significant. The new residential uses on the Project Site would be considered noise sensitive, so the Project itself would locate new noise-sensitive uses on the Project Site in an existing urban setting. The Project's detached cluster units along Pechanga Parkway, west of Loma Linda Road, would be exposed to maximum ambient noise levels up to approximately 73 dBA CNEL at 40 feet from Pechanga Parkway, which would exceed the City's land use compatibility standard of 70 dBA CNEL for multiple-family housing. ' Mitigation Measure MM-NOI-4 would require the applicant to construct the residential units in the detached cluster along Pechanga Parkway west of Loma Linda Road with A-37 11086-0191\2074636v2.doc sound insulating windows that ensure that interior noise levels would be below 45 dB ' Ldn or CNEL. With implementation of this mitigation measure, noise impacts to these on-site residences are reduced to less than significant. Increased traffic associated with the proposed Project would not result in a significant increase to current baseline or future (2020) baseline conditions. The Project would increase local noise levels by a maximum of 0.5 dBA CNEL at the nearest roadway segment of Loma Linda, which would not exceed the identified threshold of significance and, thus, the Project's impact to traffic noise would be less than significant without mitigation. J. TRAFFIC AND CIRCULATION The EIR identified the potential for the Project to cause significant traffic impacts at six intersections under either Existing (2016) Baseline Conditions or Opening Year (2020) Baseline Conditions, as further discussed below. In addition, the EIR identified the potential for the Project to cause a significant cumulative impact to four intersections. Measures have been identified that would mitigate impacts at each of these intersections to a less than significant level. 1 . Effectiveness of Circulation System — Existing (2016) Conditions. Impact Circ-1a: The proposed Project would result in significant impacts at ' the following intersections under Existing (2016) Conditions: • 1-15 SB Ramps & Temecula Parkway (AM and PM peak hours) • 1-15 NB Ramps & Temecula Parkway (PM peak hour) • Loma Linda Road & Pechanga Parkway (PM peak hour) 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 traffic under existing (2016) conditions. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM-CIRC-1: To mitigate the project impact, the following improvements are required: • Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan for the 1-15 SB Ramps & Temecula Parkway and 1-15 NB Ramps & Temecula Parkway intersections. ' • Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan for the Loma Linda Road & Pechanga Parkway intersection. Since Pechanga A-38 11086-0191\2074636v2.doc Parkway operates an Adaptive Traffic Signal System, the entire ' corridor will need to be optimized. b. Facts in Support of Findings The City's Traffic Impact Analysis Guidelines sets a standard of LOS "D" for all City facilities in this Project's study area for this Project. For intersections that already operate at an LOS "E" or worse, an increase in delay of 2.0 seconds or more is considered a significant impact. Projects are not responsible for mitigating intersections unless the project causes an increase in delay of 2.0 or more seconds, even if the intersection is operating at an unacceptable LOS. The Caltrans Guide for the Preparation of Traffic Impact Studies sets a desired standard of either LOS "C" or "D," but the higher standard of LOS "C" was applied to all Caltrans facilities for a conservative analysis of this Project's impacts. For intersections that already operate at LOS "D" or worse, any increased delay is considered a significant impact. At the following three intersections, the Project would result in impacts that exceed the above LOS standards: (a) 1-15 SB Ramps/Temecula Parkway (during AM and PM peak hours); (b) 1-15 NB Ramps/Temecula Parkway (during PM peak hour); and (c) Loma Linda Road/Pechanga Parkway (during PM peak hour). The 1-15 SB Ramps/Temecula Parkway intersection is a Caltrans facility that operates at the unacceptable LOS "D," and the Project would result in an increased delay of 0.7 seconds during AM and PM peak hours. During PM peak hour, the 1-15 NB Ramps/Temecula Parkway intersection also operates at LOS "D," and the Project would result in an increased delay of 5.1 seconds during PM peak hour. The required improvements to these two Caltrans intersections in Mitigation Measure MM-CIRC-1 would improve the LOS at both intersections to LOS "C," which is acceptable under the Caltrans standard. Therefore, impacts to these two intersections would be less than significant with mitigation. The Loma Linda Road/Pechanga Parkway is a City facility that operates at an acceptable LOS "D" during PM peak hour. The Project would degrade this intersection's LOS to an unacceptable LOS "E," and increase delays by 26.3 seconds, during PM peak hour. The required improvements to this City intersection in Mitigation Measure MM-CIRC-2 would maintain the intersection's LOS at "C," and would improve delays from 39.2 to 29.0 seconds, during PM peak hour. Therefore, impacts to this this intersection would be less than significant with mitigation. ' 2. Effectiveness of Circulation System — Ooenino Year (2020) Conditions A-39 11086-0191\2074636v2.doc Impact Circ-1c: The proposed Project would result in a significant impact ' at the 1-15 NB Ramps & Temecula Parkway intersection under Opening Year (2020) Conditions. Impact Circ-1d: The proposed Project would result in a significant impact at the Loma Linda Road & Pechanga Parkway intersection under Opening Year (2020) Conditions. Impact Circ-le: The proposed Project would result in a significant impact at the La Paz Road & Temecula Parkway intersection under Opening Year (2020) Conditions. 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 traffic under opening year (2020) conditions. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM CIRCA: To mitigate the project impact, the following improvements are required: • Optimize the AM and PM peak hour traffic signal cycle lengths ' and splits within the coordinated timing plan for the 1-15 SB Ramps & Temecula Parkway and 1-15 NB Ramps & Temecula Parkway intersections. • Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan for the Loma Linda Road & Pechanga Parkway intersection. Since Pechanga Parkway operates an Adaptive Traffic Signal System, the entire corridor will need to be optimized. Mitigation Measure MM CIRC-2: To mitigate the project impact, the project proponent/developer is required to pay a fair-share contribution for the following additional improvements: • Modify the southbound approach to add a right-turn overlap phase. Mitigation Measure MM CIRC-3: To mitigate the project impact, the project proponent/developer is required to pay a fair-share contribution for the following improvements: • Optimize the AM and PM peak hour traffic signal cycle lengths ' and splits within the coordinated timing plan. Since Temecula A-40 11086-0191\2074636v2.doc Parkway operates an Adaptive Traffic Signal System, the entire ' corridor will need to be optimized. • Modify the westbound approach to provide a right turn lane with 300 feet of storage. b. Facts in Support of Findings The City's Traffic Impact Analysis Guidelines sets a standard of LOS "D" for all City facilities in this Project's study area for this Project. For intersections that already operate at an LOS "E" or worse, an increase in delay of 2.0 seconds or more is considered a significant impact. Projects are not responsible for mitigating intersections unless the project causes an increase in delay of 2.0 or more seconds, even if the intersection is operating at an unacceptable LOS. The Caltrans Guide for the Preparation of Traffic Impact Studies sets a desired standard of either LOS "C" or "D," but the higher standard of LOS "C" was applied to all Caltrans facilities for a conservative analysis of this Project's impacts. For intersections that already operate at LOS "D" or worse, any increased delay is considered a significant impact. At the following three intersections, the Project could result in impacts that exceed the ' above LOS standards without mitigation: (a) 1-15 NB Ramps/Temecula Parkway (during PM peak hour); (b) Loma Linda Road/Pechanga Parkway (during AM peak hour); and (c) La Paz Road/Temecula Parkway (during AM peak hour). The 1-15 NB Ramps/Temecula Parkway intersection is a Caltrans facility that is expected to operate at the unacceptable LOS "D" during PM peak hour under Opening Year (2020) Conditions (Without Project). The Project would result in an increased delay of 0.9 seconds during PM peak hour. The required improvements to this Caltrans intersection in Mitigation Measure MM- CIRC-1 would improve the LOS at this intersection to LOS "C" during PM peak hour, which is acceptable under the Caltrans standard. Therefore, impacts to the 1-15 NB Ramps/Temecula Parkway intersection would be less than significant with mitigation. The Loma Linda Road/Pechanga Parkway is a City facility that is expected to operate at an acceptable LOS "D" under Opening Year (2020) Conditions (Without Project). The Project would result in a degradation of this intersection to an LOS "E," and result in an increased delay of 11.7 seconds, during AM peak hour. The required improvements in Mitigation Measures MM-CIRC-1 and MM-CIRC-2 would maintain the intersection's acceptable LOS at "D," and improve the delay from 47.9 under baseline conditions to 41 .4, during AM peak hour. Therefore, impacts to the Loma Linda Road/Pechanga Parkway intersection would be less than significant with mitigation. A-41 11066-0191\2074636v2.doc The La Paz Road/Temecula Parkway intersection is a City facility that is expected to operate at an unacceptable LOS "F" under Opening Year (2020) Conditions (Without Project) during AM peak hour. During AM peak hour, the Project would result in an increased delay of 5.7 seconds. The required improvements to this intersection in Mitigation Measure MM-CIRC-3 would result reduce delays at this intersection by 34.4 seconds (from 145.6 seconds under baseline conditions to 111.2 seconds with the Project and MM-CIRC-3). Therefore, impacts to the La Paz Road/Temecula Parkway intersection would be less than significant with mitigation. Therefore, with the implementation of Mitigation Measures MM-CIRC-1, MM-CIRC-2, and MM-CIRC-3, impacts to circulation under Opening Year (2020) Conditions would be less than significant. 3. Cumulative Traffic Impacts — Future Buildout (2035) Conditions. Impact CUM-CIRC-1b: Under Future Buildout (2035) Plus Project conditions, the 1-15 NB Ramps and Temecula Parkway intersection would operate at an unacceptable LOS, resulting in a potentially significant impact. Impact CUM-CIRC-1c: Under Future Buildout (2035) Plus Project conditions, the Pechanga Parkway and Temecula Parkway intersection would operate at an unacceptable LOS, resulting in a potentially significant impact. Impact CUM-CIRC-1d: Under Future Buildout (2035) Plus Project conditions, the Loma Linda Road and Pechanga Parkway intersection would operate at an unacceptable LOS, resulting in a potentially significant impact. Impact CUM-CIRC-1e: Under Future Buildout (2035) Plus Project conditions, the La Paz Road and Temecula Parkway intersection would operate at an unacceptable LOS, resulting in a potentially significant impact. 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. Mitigation Measure MM CIRCA: To mitigate the project impact, the ' following improvements are required: A-42 11086-0191\2074636v2.doc • Optimize the AM and PM peak hour traffic signal cycle lengths ' and splits within the coordinated timing plan for the 1-15 SB Ramps & Temecula Parkway and 1-15 NB Ramps & Temecula Parkway intersections. • Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan for the Loma Linda Road & Pechanga Parkway intersection. Since Pechanga Parkway operates an Adaptive Traffic Signal System, the entire corridor will need to be optimized. Mitigation Measure MM CIRC-2: To mitigate the project impact, the project proponent/developer is required to pay a fair-share contribution for the following additional improvements: • Modify the southbound approach to add a right-turn overlap phase. Mitigation Measure MM CIRC-3: To mitigate the project impact, the project proponent/developer is required to pay a fair-share contribution for the following improvements: • Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. Since Temecula Parkway operates an Adaptive Traffic Signal System, the entire corridor will need to be optimized. • Modify the westbound approach to provide a right turn lane with 300 feet of storage. Mitigation Measure MM-CUM-CIRC-2: To mitigate the project impact, the following improvements are required: • Modify the northbound approach to add a second right-turn lane. • Modify the eastbound approach to add a third right-turn lane. • Modify the westbound approach to add a third left-turn lane. • Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. Since the Temecula Parkway and Pechanga Parkway intersection operates Adaptive Traffic Signal Systems, both corridors will ' require optimization. A-43 11086-0191\2074636v2.doc b. Facts in Support of Findings ' The City's Traffic Impact Analysis Guidelines sets a standard of LOS "D" for all City facilities in this Project's study area for this Project. For intersections that already operate at an LOS "E" or worse, an increase in delay of 2.0 seconds or more is considered a significant impact. Projects are not responsible for mitigating intersections unless the project causes an increase in delay of 2.0 or more seconds, even if the intersection is operating at an unacceptable LOS. The Caltrans Guide for the Preparation of Traffic Impact Studies sets a desired standard of either LOS "C" or "D," but the higher standard of LOS "C" was applied to all Caltrans facilities for a conservative analysis of this Project's impacts. For intersections that already operate at LOS "D" or worse, any increased delay is considered a significant impact. At the following four intersections, the Project could result in impacts that exceed the above LOS standards without mitigation: (a) 1-15 NB Ramps/Temecula Parkway (during AM peak hour); (b) Pechanga Parkway/Temecula Parkway (during PM peak hour); (c) Loma Linda Road/Pechanga Parkway (during AM peak hour); and (d) La Paz Road/Temecula Parkway (during AM and PM peak hours). The 1-15 NB Ramps/Temecula Parkway intersection is a Caltrans facility that is ' expected to operate at the unacceptable LOS "D" during AM peak hour under Future Buildout (2035) Conditions (Without Project). The Project would result in an increased delay of 0.2 seconds during AM peak hour. The required improvements to this Caltrans intersection in Mitigation Measure MM- CIRC-1 would improve the LOS at this intersection to LOS "A" during AM peak hour, which is acceptable under the Caltrans standard. Therefore, cumulative impacts to the I- 15 NB Ramps/Temecula Parkway intersection would be less than significant with mitigation. The Pechanga Parkway/Temecula Parkway intersection is expected to operate at the unacceptable LOS "F" during PM peak hour under Future Buildout (2035) Conditions (Without Project). The Project would result in an increased delay of 5.7 seconds during PM peak hour. The required improvements to this intersection in Mitigation Measure MM-CUM-CIRC-1 would improve the LOS at this intersection to LOS "D" during PM peak hour, which is acceptable under the City standard. Therefore, cumulative impacts to the Pechanga Parkway/Temecula Parkway intersection would be less than significant with mitigation. The Loma Linda Road/Pechanga Parkway intersection is expected to operate at the unacceptable LOS "D" during AM peak hour under Future Buildout (2035) Conditions (Without Project). The Project could result in degraded operations at this intersection to ' an LOS "E" an increased delay of 9.3 seconds during AM peak hour. A-44 11086-0191\2074636v2.doc The required improvements to this intersection in Mitigation Measures MM-CIRC-1 and MM-CIRC-2 would maintain the LOS at this intersection to LOS "D" during PM peak hour, which is acceptable under the City standard, and improve delays from 47.9 seconds without the Project to 45.6 with the Project and mitigation. Therefore, cumulative impacts to the Loma Linda Road/Pechanga Parkway intersection would be less than significant with mitigation. The La Paz Road/Temecula Parkway intersection is expected to operate at the unacceptable LOS "F" during AM peak hour and LOS "E" under Future Buildout (2035) Conditions (Without Project). The Project could result an increased delay of 4.4 seconds during AM peak hour and 3.9 seconds during PM peak hour. These increased delays would exceed the 2-second threshold applicable to intersections that already operate at an unacceptable LOS. The required improvements to this intersection in Mitigation Measure MM-CIRC-3 would maintain the expected service levels at LOS "F during AM peak hour and LOS "E" during PM peak hour. Although the intersection would still operate at an unacceptable LOS, implementation of MM-CIRC-3 would result in reduced delays compared to baseline Future Buildout (2035) Conditions. During AM peak hour, delays would be reduced from 132.6 seconds under baseline conditions to 106.2 seconds with implementation of the Project and MM-CIRC-3. During PM peak hours, the Project with mitigation would maintain operations at pre-Project conditions. Therefore, cumulative ' impacts to the La Paz Road/Temecula Parkway intersection would be less than significant with mitigation. Therefore, with the implementation of Mitigation Measures MM-CIRC-1, MM-CIRC-2, MM-CIRC-3, and MM-CUM-CIRC-1 , cumulative traffic impacts to the following intersections would be less than significant: (a) 1-15 NB Ramps/Temecula Parkway; (b) Pechanga Parkway/Temecula Parkway; (c) Loma Linda Road/Pechanga Parkway; and (d) La Paz Road/Temecula Parkway. As discussed below in Section VII, cumulative impacts to the 1-15 SIB Ramps/Temecula Parkway intersection would remain significant and unavoidable. VII. Environmental Effects that Remain Significant and Unavoidable After Mitigation. In the environmental areas of Noise and Traffic and Circulation, there are instances where potential environmental impacts would remain significant and unavoidable, as discussed below: A. NOISE 1 . Construction Noise Impacts ' Impact NOI-1: Construction activities occurring at each individual development site in the Project area would potentially expose their respective adjacent or nearby receptor(s) to substantial increases in ambient noise levels. A-45 11086-0191\2074636v2.doc Impact NOI-4: Construction activities associated with the proposed Project ' would generate a substantial temporary or periodic increase in ambient noise levels in the Project vicinity and would expose nearby sensitive receptors to substantial increases in noise levels. These noise levels would result in substantial temporary or periodic ambient noise levels at the following surrounding sensitive land uses: residences southeast of the Project Site across Loma Linda Road, residences west of the Project Site across the concrete-lined flood channel, residences northeast of the Project Site across Temecula Lane, and at the Pala Community Park. 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. 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. Mitigation Measure MM-NOI-1: Prior to the issuance any grading or ' building permits for a phase or sub phase (project-specific future development within a construction phase), the applicant shall provide evidence to the City that the development will not exceed the City's exterior noise standards for construction (see Table 3.10-8). If it is determined that City noise standards for construction activities would be exceeded, the applicant shall submit a construction- related exception request to the City Manager at least one week in advance of the project's scheduled construction activities, along with the appropriate inspection fee(s), to ensure that the project's construction noise levels would be granted an exception from the noise standards set forth in Section 9.20.040 of the City of Temecula Municipal Code. Factors the City shall consider when granting a noise exception include, but are not limited to, the consideration of the level of noise, duration of noise, constancy or intermittency of noise, time of day or night, place, proximity to sensitive receptors, nature and circumstances of the emission or transmission of any such loud noise. If a construction-related exception request is not approved by the City, design measures shall be taken to reduce the construction noise levels to the maximum extent feasible to achieve compliance with the City's construction noise standards. These measures may include, but are not limited to, the erection of noise barriers/curtains, use of advanced or state-of-the-art mufflers on construction equipment, ' and/or reduction in the amount of equipment that would operate concurrently at the development site. A-46 11086-0191\2074636v2.doc Mitigation Measure MM-NOI-2: The applicant shall comply with the ' following noise reduction measures during construction: • Ensure that noise and groundborne vibration construction activities whose specific location on a construction site may be flexible (e.g., operation of compressors and generators, cement mixing, general truck idling) shall be conducted as far as possible from the nearest noise- and vibration-sensitive land uses. • Ensure that the use of construction equipment or construction methods with the greatest peak noise generation potential will be minimized. Examples include the use of drills and jackhammers. When impact tools (e.g., jack hammers, pavement breakers, and caisson drills) are necessary, they shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools. Where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used; this muffler can lower noise levels from the exhaust by up to about 10 dBA. External jackets on the tools themselves shall be used where feasible; this could achieve a reduction of 5 dBA. Quieter procedures, such as use of drills rather than impact tools, shall be used whenever feasible, as determined by the City of Temecula's Building Official based on the circumstances such as exposure to sensitive receptors, type and number of equipment used, and duration of noise. • Locate stationary construction noise sources away from adjacent receptors and muffled and enclosed within temporary sheds, incorporate insulation barriers, or other measures to the extent feasible, as determined by the City's Building Official based on the circumstances such as exposure to sensitive receptors, type and number of equipment used, and duration of noise. • Construction truck traffic shall be restricted to routes approved by the City of Temecula, and shall avoid residential areas and other sensitive receptors, to the extent feasible. • Designate a construction relations officer to serve as a liaison with surrounding residents and property owners who is responsible for responding to address any concerns regarding construction noise and vibration. The liaison's telephone ' number(s) shall be prominently displayed at construction locations. A-47 11086-0191\2074636v2.doc • Hold a preconstruction meeting with the City's job inspectors ' and the general contractor or onsite project manager to confirm that noise and vibration mitigation and practices (including construction hours, sound buffers, neighborhood notification, posted signs, etc.) are implemented. b. Facts in Support of Findings Construction of the proposed Project would require the use of heavy equipment during the grading and excavation activities at the Project Site, installation of new utilities, paving, and building fabrication for the proposed residential buildings. Development activities would also involve the use of smaller power tools, generators, and other sources of noise. During each stage of development, there would be a different mix of equipment, which means that construction activity noise levels at and near the Project Site would fluctuate depending on the particular type, number, and duration of use of the various pieces of construction equipment. Under Municipal Code Section 9.20.040, the exterior noise standard for single-family residential use receptors is 65 dBA Ldn/CNEL. However, Section 9.20.070 (Exceptions) allows for construction-related exceptions from these noise standards if approved by the City Manager. The request for construction-related exceptions must be submitted in writing at least three working days in advance of the scheduled and permitted ' construction activity, and be accompanied with the appropriate inspection fee(s). Further, construction activities are prohibited between the hours of 6:30 P.M. and 7:00 A.M. Monday through Friday, and are allowed on Saturday only between 7:00 A.M. and 6:30 P.M.. Construction activities are prohibited on Sundays and nationally recognized holidays. Existing sensitive receptors in the vicinity of the Project Site consist primarily of single- family residential uses located nearby the Project Site to the southeast, southwest, west, and northwest. A community park is also located north of the Project Site. During construction of the Project, these nearby offsite land uses could be located less than 30 feet from a construction site. To provide a conservative or "worst-case" analysis, the EIR assumed that the highest noise level would occur continuously for an entire hour during a construction day. But it should be noted that construction equipment would rarely operate continuously for a full hour at a construction site because the operating cycle for construction equipment would typically involve one or two minutes of full power operation followed by three or four minutes at lower power settings. Additionally, construction equipment engines would likely be intermittently turned on and off over the course of an hour. Based on the types of equipment that would be required for construction, noise levels could reach up to 90 dBA Leq at the nearest land uses, which are located within 30 feet ' of the Project. Based on the conservative "worst case" analysis, it was assumed that hourly construction noise levels would be 90 dBA Leq for up to eight hours. Given that construction noise levels generated by the Project could reach as high as 90 dBA Ldn at A-48 11086-0191\2074636v2.doc 30 feet from a construction site, it is likely that the City's exterior noise levels would be ' exceeded at land uses farther from the Project Site. Exterior noise levels could exceed the 65 dBA Leq/CNEL standard up to 550 feet from construction activities. The existing daytime noise levels measured at locations surrounding the Project Site range from approximately 48.5 dBA to 71.2 dBA Leq. As construction noise levels associated with the Project could reach as high as 90 dBA Leq at a distance of 30 feet from a construction site, an increase in noise levels of 13 to 38 dBA could occur at a neighboring receptor to the construction site. The highest increase in ambient daytime noise levels would be approximately 38 dB, which would occur at the existing single- family residential uses located west of the Project Site, across the flood channel. Such an increase in the ambient noise levels at a neighboring receptor would be considered substantial, since a change in noise levels of 10 dBA is subjectively heard as doubling of the perceived loudness. As such, construction noise associated with the proposed Project would be substantially greater than existing noise levels at these nearby sensitive receptor locations. Mitigation Measure MM-NOI-1 would require the applicant to provide evidence to the City that construction activities would not exceed the City's noise standard. If it is determined that City noise standards would be exceeded during construction, the applicant must submit an exception request at least one week in advance of construction activities. Although this exception would allow for the City's noise standards to be exceeded from a regulatory perspective, the construction noise levels generated by the Project would be considered a significant environmental impact because the resultant noise levels could still result in a substantial temporary increase in noise levels at offsite receptors. Mitigation Measure MM-NOI-2 which would require the implementation of noise reduction devices and techniques during construction activities for the new developments occurring under the Project, would be implemented to reduce the construction-related noise levels at nearby receptors to the maximum extent feasible. Nonetheless, under the circumstances where future construction sites within the Project Site are located immediately adjacent to other land uses, the noise reduction devices and techniques prescribed under Mitigation Measure MM-NOI-2 would not be able to fully attenuate construction noise levels. As a result, noise impacts related to a substantial temporary or periodic increase in ambient noise levels above existing levels existing would remain significant. Although Mitigation Measure MM-NOI-2 would reduce the Project's construction noise levels to the maximum extent feasible, it is anticipated that the nearest existing land uses to each of the proposed developments in the Project Site would continue to experience a substantial temporary or periodic increase in ambient noise levels during construction activities. ' Therefore, the Project's construction noise would be a temporary significant and unavoidable impact on the nearby existing land uses and the proposed Project would generate a substantial temporary or periodic increase in ambient noise levels in the A-49 11086-0191\2074636v2.doc Project vicinity. Mitigation Measures MM-NOI-1 and MM-NOI-2 reduce temporary ' construction noise to the extent feasible and no additional feasible mitigation is available due to the inherent noise associated with construction activities and the proximity of nearby receptors. B. TRAFFIC AND CIRCULATION 1. Cumulative Traffic Impacts on 1-15 SB Ramps/Temecula Parkway Intersection Impact CUM-CIRC-1a: Under Future Buildout (2035) Plus Project conditions, the 1-15 SB Ramps and Temecula Parkway intersection would operate at an unacceptable LOS, resulting in a potentially significant impact. a. Findings The proposed Project has a potential to result in significant traffic impacts to the 1-15 SB Ramps/Temecula Parkway intersection under Future Buildout (2035) Conditions. 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. Mitigation Measure MM-CUM-CIRC-1: To mitigate the project impact, the following improvements are required: • Modify the northbound approach from one left-turn lane, one through lane, one shared through/right lane and one right-turn lane to one left-turn lane, one through lane and three right-turn lanes with a right-turn overlap phase. • Modify the eastbound approach from one left-turn lane, one through lane and one shared through/right-turn lane to one left- turn lane, two through lanes and two right-turn lanes with a right-turn overlap phase. • Modify the southbound approach from one left-turn lane, one through lane and one shared through/right lane to two left-turn lanes, one through lane and one shared through/right lane. • Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. b. Facts in Support of Findings The EIR calculated traffic volumes for the Future Buildout (2035) Plus Project scenario by adding volumes generated by the proposed Project to the Future Buildout (2035) A-50 11086-0191\2074636v2.doc Base conditions. The Caltrans Guide for the Preparation of Traffic Impact Studies sets a ' desired standard of either LOS "C" or "D," but the higher standard of LOS "C" was applied to all Caltrans facilities for a conservative analysis of this Project's impacts. For intersections that already operate at LOS "D" or worse, any increased delay is considered a significant impact. At the 1-15 SB Ramps/Temecula Parkway intersection (during AM and PM peak hours), the Project would result in impacts that exceed the above LOS standards without mitigation. This intersection is a Caltrans facility that is expected to operate at LOS "E" during AM peak hour and at LOS "F" during PM peak hour under Future Buildout (2035) Conditions (Without Project). The Project would result in an increased delay of 0.9 seconds during AM peak hour and 5.7 seconds during the PM peak hour. Because any increased delay is considered a significant impact to a Caltrans facility, impacts would be significant. The required improvements to this Caltrans intersection in Mitigation Measure MM- CUM-CIRC-1 would improve the LOS at this intersection to LOS "C" during both AM and PM peak hour, which is acceptable under the Caltrans standard. As such, if these improvements are constructed, impacts to the 1-15 SB Ramps/Temecula Parkway intersection would be less than significant. However, neither the applicant nor the City can guarantee that the improvements because they would require the acquisition of right-of-way to accommodate the ' additional lanes and the intersection falls under the jurisdiction of Caltrans. Therefore, the impact is considered significant and unavoidable. No additional feasible mitigation is available because improvements that necessitate an expanded right-of-way are needed to improve this intersection's operations to Caltrans standards. VIII. Project Alternatives. The EIR considered and analyzed three alternatives to the Proposed Project: Alternative 1—No Project Alternative (No Development); Alternative 2—General Plan Alternative; and Alternative 3—Reduced Development Alternative. The three 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 5-2 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. • Develop a high-quality residential community on the project site that focuses on providing a variety of medium-density housing types that would serve various age groups and household sizes. • Provide a housing product that is desirable in light of the competitive ' market and the increased availability of attached and detached single- family homes for purchase. A-51 11086-0191\2074636v2.doc • Provide a project that is compatible in density and character to the ' surrounding residential communities. A. ALTERNATIVE 1—NO PROJECT ALTERNATIVE (NO DEVELOPMENT) 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 Project Site in its entirety is approximately 23 acres of previously disturbed, undeveloped land. Vegetation at the site consists of previously disturbed areas containing non-native grasses, ruderal herbs and forbs, remnants of native scrub, and a number of isolated mature trees. Disking for fuel modification is evident at the site. The topography on the site ranges from a high elevation of 1,031 feet above mean sea level (amsl) at the eastern portion of the site, to a low elevation of 1,015 feet amsl near the northern portion of the site. An existing watercourse traverses the property, flowing from east to west into an existing drainage channel. Under this Alternative 1, the Project Site would be left undeveloped and the proposed residential Project would not be built. The site would continue to contain the remnants of a previous structure and several trees as well as ruderal vegetation. In addition, the concrete culvert along the western edge of the Project Site would remain as is and ' would not be converted into a bioswale. Unimproved areas along Pechanga Parkway would not be landscaped or improved in any other way. 1. Reason for Reiecting Alternative Alternative 1 is the "No Build" alternative in which no development would occur on the Project Site. The Site would remain vacant, undeveloped land. Because no development or change would occur on the Project Site, no impacts would occur. As such, the proposed Project's impacts would be reduced under this Alternative. For aesthetic impacts, Alternative 1 would not impact views, scenic resources, or the visual character and quality of the Project 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, except that mitigation is required for light and glare. Alternative 1 would not introduce new sources of light and glare. This Alternative would have no impacts to aesthetics and would therefore reduce impacts compared to the proposed Project. Air quality impacts would be reduced compared to the proposed Project because Alternative 1 would result in no construction-related emissions (from construction activities, vehicles, and equipment), and no operational emissions (associated with increased traffic). With no construction and no additional traffic volumes or operational emissions, air emissions in the vicinity would remain unchanged. No impact to air ' quality would occur as a result of this alternative, so impacts would be reduced as compared to the proposed Project. A-52 11086-0191\2074636v2.doc ' No impacts to biological resources would occur under Alternative 1 because no residential units would be constructed and all impacts related to biological resources would be avoided. The proposed Project could result in a loss of foraging and nesting habitat for raptors and other migratory birds, and a loss of habitat for the burrowing owl and, but mitigation reduces these impacts to less than significant. Because no impacts to biological resources would occur under Alternative 1, impacts would be reduced. No potential impacts to cultural resources would occur under Alternative 1 because no grading activities would occur that could unearth cultural resources or disturb paleontological resources. Under this alternative, there would be no changes to the site and thus no impact to cultural resources would occur, eliminating any potential project impacts. Potential impacts to geology and soils, such soil erosion during construction, would not occur under Alternative 1. The Project Site would not be developed. However, geology and soils effects under the proposed Project are not anticipated to be significant, so these differences would be negligible. Greenhouse gas emissions would similarly be reduced under Alternative 1 . Under Alternative 1, the Project Site would not be developed and increased GHG emissions would not occur. Therefore, this alternative would result in fewer effects related to global ' warming and climate change than the proposed Project. However, the proposed Project would not result in significant climate change effects, so the differences would be negligible. Construction-related hazardous materials would not be brought to the site under Alternative 1 , nor would hazardous materials be used. Therefore, this alternative would result in fewer impacts related to Hazards and Hazardous Materials compared to the proposed Project. No increase of impervious surfaces and no change to the natural drainage patterns of the Project Site would occur under Alternative 1. No improvements would be required for water quality treatment. Overall, this alternative would result in fewer effects related to hydrology and water quality than the proposed Project. The proposed Project would result in a land use change, whereas Alternative 1 would result in no change to the existing conditions at the Project Site. Because no change to the existing land use or land use plans and policies related to the Project Site would occur, this alternative would have no direct impact on land use at the site or in the vicinity. However, no significant land use compatibility or detrimental environmental effects are associated with the land use change under the proposed Project. Noise would be unaffected under Alternative 1. It would result in no change to existing ' ambient noise levels and would not introduce no new source of noise. Because the site would remain undeveloped under this alternative, traffic-related noise would not increase. This alternative would result in no impact related to noise at or in the vicinity of A-53 11086-0191\2074636v2.doc the Project Site. The significant and unavoidable temporary construction noise impact would be completely avoided. Impacts would be reduced and the proposed Project construction-phase significant impacts would not occur. Alternative 1 would not include new housing and no increase in population would occur. The proposed Project would not induce greater population growth than what is already forecasted for the City of Temecula and impacts would be less than significant. Thus, Alternative 1 would result in fewer effects related to population and housing, but these differences are not significant from an environmental perspective. No impacts to public services would occur under Alternative 1 because it would not result in any additional population at the Project Site, and, therefore, would not result in an increased demand on existing fire protection, police protection, public schools, libraries, or hospitals. Although impacts would be reduced under Alternative 1, the proposed Project's impacts to public services are all less than significant. Under Alternative 1 , the Project Site would not be developed and no increase demand for water, wastewater, or solid waste services would occur. Thus, under Alternative 1, impacts to utilities and service systems would not occur. However, the proposed Project would not result in significant utilities impacts. Therefore, the difference in impacts to utilities between the proposed Project and Alternative 1 are negligible. Overall, Alternative 1 would therefore reduce environmental impacts compared to the ' proposed Project. However, Alternative 1 does not satisfy any of the three Project Objectives. Because Alternative 1 would result in no development of the Project Site, it would not provide high-quality residential uses compatible in density and character with the surrounding uses. 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—GENERAL PLAN ALTERNATIVE 1. Summary of Alternative Under this alternative, the Project Site would be developed according to the current General Plan land use designation for the Project Site, which is Professional Office (PO). Development under the PO designation is intended to include low-rise offices situated in a landscaped garden arrangement and may include mid-rise structures at appropriate locations. Typical professional uses include legal, design, engineering, or medical offices, ' corporate and governmental offices, and community facilities and may include supporting convenience retail and personal service commercial uses to serve the needs of the on-site employees. The General Plan establishes an intensity range of 0.30 to 1.0 A-54 11086-019112074636v2.doc for the floor to area ratio (FAR) for the PO designation, with a target net FAR of 0.35. ' Under the target net FAR of 0.35, this alternative would develop approximately 307,600 square feet of office space on the Project Site. This alternative would also include landscaping and the required parking spaces per the City's Municipal Code. The site would also be served by bus and shuttle services. 2. Reason for Reiectino 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. A similar area would be disturbed under either Alternative 2 and the proposed Project. Therefore, Alternative 2 would have the same impact in these areas when compared to the proposed Project. Under Alternative 2, a similar amount of construction-related emissions (from construction activities, vehicles and equipment) would occur as compared to the proposed Project. However, operational emissions (associated with increased traffic) would increase under Alternative 2 because office uses would generate more traffic than residential uses. Under Alternative 2, operation of the office buildings would generate approximately 3,393 daily trips, which results in 1 ,677 more daily trips than the proposed Project. Thus, Alternative 2 would result in greater air quality impacts than the proposed Project due to the increase traffic volumes during operation. ' Alternative 2 would result in a similar amount of emissions from construction-related activities. However, operation of Alternative 2 would generate almost double the amount of daily trips as the proposed Project, which would result in greater effects related to global warming and climate change than the proposed Project. Because the Alternative 2 would generate more traffic, it would have a greater impact than the proposed Project. Hazardous materials used in construction and operation of the Project Site would be similar under Alternative 2. Therefore, Alternative 2 would have similar impacts related to hazards and hazardous materials as the proposed Project. Under this alternative, the Project Site would be developed with office uses, which is currently allowed under the existing General Plan designation and zoning. The proposed Project would require a General Plan Amendment and zoning change, but would otherwise be consistent with planning documents and policies. This alternative would also be consistent, and thus, land use effects would be similar. Like the proposed Project, Alternative 2 would increase ambient noise levels and would introduce a new source of noise at the Project Site. Alternative 2 would also have a significant and unavoidable temporary construction-noise impact. Both this alternative and the proposed Project would result in increased traffic-related noise. However, traffic would increase by about twice as much under Alternative 2 than it would under the proposed Project. Therefore, noise impacts would be greater for Alternative 2 than the proposed Project. A-55 11086-0191\2074636v2.doc Effects associated with population growth would be less under Alternative 2 than under the proposed Project. Alternative 2 would not result in an increase in residential population as it would develop an office use building. Although the proposed Project would not induce greater population growth than what is already forecasted for the City, Alternative 2's effects would be reduced. Because Alternative 2 would not generate population growth, Alternative 2 would not result in student generation and would result in fewer effects related to schools. In addition, because the site would include office space, it would not generate population growth in the city and, as such, would not increase demand for police, fire, and medical emergency services. Therefore, Alternative 2 would result in fewer effects related to public services. The proposed Project would result in 3,393 daily trips and Alternative 2 would increase the number of vehicles using the surrounding circulation system and result in more congestion. Thus, Alternative 2 results in greater impacts related to traffic and circulation and would also require the implementation of several limited intersection improvements. Because there would be no permanent residents under Alternative 2, there would be less water consumed and less wastewater generated than the proposed Project. Thus, under Alternative 2, effects related to utilities and service systems would be less than the proposed Project. ' Overall, Alternative 2 would result in increased impacts in areas such as air quality, GHG emissions, noise, and traffic and circulation as compared to the proposed Project. It would somewhat reduce impacts related to population and housing and public services. Thus, Alternative 2 would overall result in greater environment impacts, particularly in areas that require mitigation and in areas where impacts are unavoidable. In addition, Alternative 2 fails to satisfy the Project Objectives. It would not develop a high-quality residential community with a variety of medium-density housing types to serve various age groups and household types and it would not provide a competitive housing product. Moreover, it would be less compatible in density and character to the surrounding residential communities. 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. A-56 11086-0191\2074636v2.doc C. ALTERNATIVE 3—REDUCED DEVELOPMENT ALTERNATIVE ' 1. Summary of Alternative Under Alternative 3, a residential project would be developed that would include similar components as the proposed Project, but would involve a smaller version. Specifically, this Alternative 3 would include development of approximately 59 single family homes and 125 townhouses, which represents an approximate 25 percent reduction from the proposed Project. While this alternative would reduce the number of dwelling units developed, site amenities, such as a clubhouse with a swimming pool, would still be provided. 2. Reason for Reiectino 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. Although Alternative 3 reduces the number of residential units, a similar overall area would be disturbed under either Alternative 3 and the proposed Project. Therefore, Alternative 3 would have similar impacts in these areas when compared to the proposed Project. For air quality, Alternative 3 would result in a similar amount of construction-related ' emissions (from construction activities, vehicles and equipment) as with the proposed Project, but operational emissions (associated with increased traffic) would be reduced. Under Alternative 3, traffic volumes would increase by a smaller amount than they would under the proposed Project and, thus, air emissions would decrease under this alternative. Overall, Alternative 3 would have fewer air quality impacts as compared to the proposed Project. Similarly, greenhouse gas emissions under the development in Alternative 3 would be reduced, as would emissions from traffic, as compared to the proposed Project. Effects related to global warming and climate change from Alternative 3 would be reduced compared to the proposed Project. Similar types and amounts of hazardous materials would be used in the construction and operation of the proposed Project and Alternative 3. Although Alternative 3 would reduce the number residential units, this reduction would not reduce is a substantial reduction in hazardous materials, and thus, impacts would be similar. Land use impacts under Alternative 3 would be similar because it would require the same General Plan Amendment and Zone Change. After the implementation of the General Plan Amendment and Zone Change, the proposed Project would be consistent with planning documents and policies. This alternative would also be consistent with these policies and, thus, effects related to land use would be similar. ' Like the proposed Project, Alternative 3 would increase ambient noise levels and would introduce a new source of noise at the Project Site. Construction-related noise would A-57 11086-0191\2074636v2.doc increase in the Project area under both the proposed Project and Alternative 3, but the ' amount of construction would be reduced. Nonetheless, similar to the proposed Project, Alternative 3 would also have a significant and unavoidable temporary construction noise impacts. Traffic-related noise would also increase as a result of both this alternative and the proposed Project. However, traffic would increase more under the proposed Project than under Alternative 3. Overall, noise impacts would be reduced under Alternative 3 construction noise would remain significant and unavoidable. Because Alternative 3 would involve fewer residential units than the proposed Project, this alternative would generate a smaller population increase within the City. Effects related to population growth would be reduced under this alternative as compared to the proposed Project. Similarly, the increased demand on public services would be reduced due to the reduced number of residential units under Alternative 3. The proposed Project would result in additional population at the Project Site, and therefore, would result in an increased demand on existing fire protection, police protection, public schools, libraries, or hospitals. Under Alternative 3, demand for public services would not increase by as much as compared to the proposed Project. Therefore, effects related to public services would be reduced under Alternative 3. As compared to the proposed Project, Alternative 3 would reduce the number of trips generated by the Project Site from 1,716 to 1,287 daily trips (25 percent reduction from ' the proposed Project trips). The proposed Project would result in an increase in traffic congestion at nearby intersections and, under Alternative 3, traffic and circulation impacts would be reduced to less than significant. However, cumulative impacts associated with Future Buildout (2035) Plus Project Conditions at the 1-15 SB Ramps/Temecula Parkway intersection would remain significant and unavoidable, operating at unacceptable LOS. Overall, Traffic and Circulation impacts would be reduced under Alternative 3. Overall, Alternative 3 would result not increase any impacts and would reduce impacts related to air quality, GHG emissions, noise, population and housing, public services, and utilities. The reduced number of residential uses results in reduced impacts associated with the number of residents in the vicinity. All other impacts would be similar. Thus, Alternative 3 would result in reduced environment impacts and it is the environmentally superior alternative. As such, the EIR identified Alternative 3 as the environmental superior alternative after it determined that the Alternative 1 (No Project) satisfied none of the Project Objectives. However, the reduced number of residential units will not allow Alternative 3 to achieve the benefits of the Project Objectives. Although residential units would be developed, Alternative 3 would not similarly provide the variety of medium-density housing types to ' serve various age groups and household types. It also would not similarly increase the availability of attached and detached single-family homes for purchase. A-58 11086-0191\2074636v2.doc 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 the Project's significant environmental impacts. Further, as noted above, the reduced impacts under Alternative 3 correlate with the reduced number of new residents to the Project Site. Because the number of residential units proposed by the Project is within the City's and the region's growth projections, it is likely that the reduced number of residential uses would be developed elsewhere in the City to meet growth projections. However, Alternative 3 does not reduce the environmental impacts associated with the development of vacant land. 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. A-59 11086-0191\2074636v2.doc _ Mibii B _ Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks Aesthetics Mitigation Measure MM-AES-1:The following light and glare Pre-Construction/ City of City of City of standards shall be applied to all development within the project Construction/ Temecula Temecula Temecula area: Post-Construction Building Official project approval or other and field • Temporary nighttime construction lighting shall be Designee verification and shielded and directed downward such that no light sign-off by City spillage will occur on adjacent properties. of Temecula • The applicant shall ensure that all outdoor lighting fixtures in public areas contain"sharp cut-off"fixtures,and shall be fitted with flat glass and internal and external shielding. • The applicanl shall ensure that site lighting systems shall be grouped into control zones to allow for opening, closing,and night lighttsecurity lighting schemes.All control groups shall be controlled by an automatic lighting system utilizing a time clock, photocell,and low voltage relays. • The applicant shall ensure that design and layout of the development shall take advantage of landscaping,on-site architectural massing,and off—site architectural massing to block light sources and reflection from cars. • The use of highly reflective construction materials on exterior wall surfaces shall be prohibited. • Prior to the issuance of construction permits for any phase of the project that includes outdoor lighting,the applicant shall submit an outdoor lighting plan and photometric plan to be reviewed and approved by the City of Temecula.The lighting plan shall be in compliance with Ordinance No.655 as adopted by the Riverside County Board of Supervisors and shall include,but not be limited lo,the following information and standards: • Light fixtures shall not exceed 4,050 lumens; • Light fixtures shall be fully shielded so that light rays emitted by the fixtures are projected below the horizontal plan passing through the lowest point of the shield; • A map showing all lamp locations,orientations, and intensities,including security,roadway,and Cypress Ridge Project ESA 1 150642 MMRP May 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks task lighting; • Specification of each light fixture and each light shield; • Total estimated outdoor lighting footprint, expressed as lumens per acre;and • Specification of motion sensors and other controls to be used,especially for security lighting. The City shall conduct a post-installation inspection to ensure that the development is in compliance with the design standards in Mitigation Measure MM-AES-1 and Riverside County Ordinance No.655. Air Quality Mitigation Measure MM-AIR-1:All off-road construction equipment Pre-Construction/ City of City of Issuance of with a horsepower(HP)greater than 50 shall be required to have Construction Temecula Temecula grading permit USEPA certified Tier 4 interim engines or engines that are certified Building Official and sign-off by to meet or exceed the emission ratings for USEPA Tier 4 engines. or other City of Designee Temecula Mitigation Measure MM-AIR-2:The site shall be watered four Construction City of City of Issuance of times per day during ground disturbance(grading)activities for all Temecula Temecula Grading Permit project development phases. During drought conditions,defined as Building Official and field Water Shortage Stages 4 or 5 as determined by the Rancho or other verification and California Water District,use of reclaimed water or non-water Designee sign-off by City chemical stabilizers shall be implemented such that fugitive of Temecula emissions reductions are Comparable. Permission to use potable water for dust control activities during drought conditions shall be granted by the City of Temecula Building Official if the General Contractor shows in writing that (1)Reclaimed water is not available in sufficient quality and quantity from recycled wastewater treatment facilities located within 10 miles of the construction site; and (2)Well water or groundwater is not available in sufficient quality and quantity from wells and groundwater sources located within 10 miles of the construction site. Biological Resources Mitigation Measure MM-BIO-1:To the extent feasible,clearing and Pre-Construction/ City of City of Issuance of grubbing activities shall take place outside of the avian breeding Construction Temecula Temecula grading permit season,which occurs from February 1 to September 15. If Gearing Qualified and sign-off by and grubbing activities are necessary during the breeding season,a Biologist City of Cypress Ridge Project 2 ESA/150642 MMRP May 201 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks focused survey for active nests of raptors and migratory birds shall Temecula be conducted by a qualified biologist having demonstrated experience conducting breeding bird and nest surveys.The survey shall occur no more than 7 days prior to any clearing,grubbing, construction or ground-disturbing activities.If active nest(s)(with eggs or fledglings)are identified within the project area,the nest shall not be disturbed until the young have hatched and fledged (matured to a state that they can leave the nest on their own and are no longer relying on the nest for survival).A 500-foot construction setback from any active raptor nesting location(or a distance to be determined by the qualified biologist,based on species,construction activity,the birds'response/habituation to human presence,and/or topographic features that could limit construction activity disturbance to the nest)shall be adhered to in order to avoid disturbance of the nest until the young have fledged or the nest has failed,as determined by a qualified biologist.A 300- foot construction setback(or a distance to be determined by the qualified biologist, based on species,construction activity,and the birds'response/habituation to human presence,and/or topographic features that could limit construction activity disturbance to the nest) shall be established for all other migratory birds. If no active nests are identified,construction may commence.All construction setbacks shall be clearly demarcated in the field with appropriate material(flagging,staking,construction fencing,etc.)and verified by a qualified biologist. Such fencing shall be maintained and monitored until the nest is confirmed to be inactive. If an avoidance buffer is not feasible,as determined by a qualified biologist in consultation with the City,noise walls or other noise attenuation devices may be installed as needed to prevent disturbance to the nest. Mitigation Measure MM-BIO-2:A pre-construction survey for Pre-Construction City of City of Issuance of burrowing owl shall be conducted within 30 days of ground Temecula Temecula grading permit disturbing activities in accordance with the Western Riverside Qualified and sign-off by County Multiple Species Habitat Conservation Plan(WRC MSHCP). Biologist City of The one-day survey shall be conducted by a qualified biologist Temecula within all suitable habitat areas on the project site,and will focus on areas previously identified as containing suitable habitat and potentially suitable burrows.A qualified biologist is one who has the appropriate education and experience to accomplish pre- construction burrowing owl surveys. If no burrowing owls are observed construction may commence.If burrowing owls are observed, the Regional Conservation Authority and the City will be notified and additional measures,such as avoidance or installation Cypress Ridge Proleoi 3 ESA 1 150642 MMRP n May 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks of exclusion devices to evict the owls,will be required to demonstrate compliance with the WRC MSHCP. Mitigation Measure MM-BIO-3:The applicant shall pay applicable Pre-Construction City of City of Issuance of Local Development Mitigation fees,as established and required by Temecula Temecula grading permit the Regional Conservation Authority and City of Temecula,for Qualified and sign-off by continued implementation of the Western Riverside County MSHCP. Biologist City of Temecula Cultural Resources Mitigation Measure MM-CUL-1:Prior to the issuance of a grading Pre-Construction City of City of City of permit and prior to the start of any ground-disturbing activity,the Temecula Temecula Temecula applicant shall retain a qualified archaeologist,defined as an qualified Project archaeologist meeting the Secretary of the Interior's Professional Archaeologist Approval Qualification Standards for archaeology(U.S.Department of the Interior 2012)and as approved by the City of Temecula to provide archaeological expertise in carrying out all mitigation measures related to archaeological resources(Mitigation Measures CUL-2,-3 and-5). Mitigation Measure MM-CUL-2:The qualified archeologist,or an Pre-Construction City of City of City of archaeologist working under the direction of the qualified Temecula Temecula Temecula archaeologist,along with a representative designated by the qualified Project Pechanga Tribe,shall conduct pre-construction cultural resources Archaeologist Approval; worker sensitivity training to inform construction personnel of the and Pechanga verification by types of cultural resources that may be encountered,and to bring tribal City of awareness to personnel of actions to be taken in the event of a representatives Temecula in cultural resources discovery.The applicant shall ensure that consultation Construction personnel are made available for and attend the with Pechanga training and shall retain documentation demonstrating attendance. Tribe Mitigation Measure MM-CUL-3: Prior to the start of ground- Pre-Construction City of City of City of disturbing activities,the qualified archaeologist shall designate an Temecula Temecula Temecula archaeological monitor to observe ground-disturbing activities, qualified Project including but not limited to, brush clearance and grubbing,grading, Archaeologist Approval; trenching,excavation,and the construction of fencing and access and Pechanga verification by roads,in consultation with the Pechanga monitor. If ground- tribal City of disturbing activities occur simultaneously in two or more areas representatives Temecula in located more than 500 feet apart,additional archaeological monitors consultation may be required.The archaeological monitor shall keep daily logs. with Pechanga After monitoring has been completed,the qualified archaeologist Tribe shall prepare a monitoring report that details the results of monitoring activities,which shall be submitted to the City, Pechanga Tribe,and to the EIC at the University of California, Riverside. Cypress Ridge Project 4 ESA/150642 MMRP May 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks Mitigation Measure MM-CUL-4:At least 30 days prior to issuance Pre-Construction/ City of City of City of of a grading permit and prior to the start of any ground-disturbing Construction Temecula Temecula Temecula activity,the applicant shall contact the Pechanga Tribe to notify the qualified Project Pechanga Tribe of grading,excavation and the monitoring program, Archaeologist Approval; and to coordinate with the Pechanga Tribe to develop a Cultural and Pechanga verification by Resources Treatment and Monitoring Agreement(Agreement).The tribal City of Agreement shall address the treatment of known cultural resources; representatives Temecula in the designation,responsibilities,and participation of Native consultation American Tribal monitors during grading,excavation and all ground with Pechanga disturbing activities;project grading and development scheduling; Tribe terms of compensation for the monitors;and treatment and final disposition of any cultural resources,sacred sites,and human remains discovered on the site. The Pechanga Tribal monitor shall monitor all ground-disturbing activities including,but not limited to, brush clearance and grubbing, grading,trenching, excavation,and the construction of fencing and access roads,as specified in the Agreement,in consultation with the project archaeologist. If ground-disturbing activities occur simultaneously in two or more locations,additional Native American monitors may be required. Mitigation Measure MM-CUL-S: If inadvertent discoveries of Construction City of City of Verification by subsurface archaeological/cultural resources are made during Temecula Temecula City of ground-disturbing activities,the applicant,the qualified qualified Temecula in archaeologist,and the Pechanga Tribe shall assess the significance Archaeologist consultation of such resources and shall meet and confer regarding the and Pechanga with Pechanga mitigation for such resources. Pursuant to PRC Section 21063.2(b) tribal Tribe avoidance is the preferred method of preservation for representatives archaeological resources. If the applicant,the qualified archaeologist,and the Pechanga Tribe cannot agree on the significance or the mitigation for such resources,these issues will be presented to the City Planning Director for decision.The City Planning Director shall make the determination based on the provisions of the CEOA with respect to archaeological resources and shall take into account the religious beliefs,customs,and practices of the Pechanga Tribe.Notwithstanding any other rights available under the law,the decision of the City Planning Director shall be appealable to the City Planning Commission and/or City Council. Mitigation Measure MM-CUL-6:The landowner shall relinquish Pre-Construction/ City of City of Verification by ownership of all cultural resources,including sacred items, burial Construction Temecula Temecula City of goods and all archaeological artifacts that are recovered as a result qualified Temecula in of project implementation to the Pechanga Tribe for proper consultation Cypress Ridge Project 5 ESA 1 150642 MMRP n May 2017 Mitigation Monitoring and Reposing Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks treatment and disposition as outlined in the Agreement(Mitigation Archaeologist with Pechanga Measure CUL-4). Tribe Mitigation Measure MM-CUL-7:All sacred sites,should they be Pre-Construction/ City of City of City of encountered within the project area,shall be avoided and preserved Construction Temecula Temecula Temecula as the preferred mitigation, if feasible. qualified Project Archaeologist Approval Mitigation Measure MM-CUL-B: Prior to construction,a training Pre-Construction City of City of City of session on the recognition of the types of paleontological resources Temecula Temecula Temecula that could be encountered within the project area and the qualified Project procedures to be followed if they are found shall be presented to Paleontologist Approval project construction personnel by a qualified cultural resources professional.This training may be conducted concurrently with the cultural resources training required in Mitigation Measure MM-CUL- 2. Mitigation Measure MM-CUL-9: During construction,should Construction City of City of Verification by excavations be greater than 10 feet in depth,a qualified Temecula Temecula City of paleontologist shall be retained and shall designate a qualified Temecula paleontological monitor to observe the sediments.Should these Paleontologist sediments appear to have a greater potential for fossils, paleontological monitoring of ground disturbing activities below 10 feet shall commence until such a time as the excavation of these sediments has ceased,or upon determination by the qualified paleontologist that the likelihood of encountering paleontological resources is unlikely. Mitigation Measure MM-CUL-10: If construction or other project Construction City of City of Verification by personnel discover any potential fossils during construction,or Temecula Temecula City of project operations and maintenance,regardless of the depth of qualified Temecula work,work within 100 feet of the discovery location should cease Paleontologist and a qualified paleontologist should be called to further assess the discovery and make further recommendations as necessary. Mitigation Measure MM-CUL-11: If human remains are Pre-Construction/ City of City of Verification by encountered,California Health and Safety Code Section 7050.5 Construction Temecula Temecula City of states that no further disturbance shall occur until the Riverside qualified Temecula County Coroner has made the necessary findings as to origin. Paleontologist Further,pursuant to PRC 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 NAHC must be contacted within 24 hours.The NAHC must then immediately identify the MLD upon receiving notification of the discovery.The MLD shall then make recommendations within 48 Cypress Ridge Project 6 ESA I 150642 MMRP May2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks hours,and engage in consultations concerning the treatment of the remains as provided in PRC Section 5097.98 and the Agreement described in Mitigation Measure MM-CUL-4. Mitigation Measure MM-CUL-12:The applicant shall provide open Construction City of City of Verification by space area(s)for the congregation of participants during the Temecula Temecula City of Pechanga Tribe's"Trail of Tears"commemorative eviction walk, qualified Temecula in which shall consist of the area near the corner of Pechanga Archaeologist consultation Parkway and Loma Linda Road and the sidewalk along Loma Linda and Pechanga with Pechanga Road,near the intersection with Temecula Lane;both areas shall tribal Tribe be outside the walls of the community,and be designated by an representatives exhibit as part of the construction plans,on the dates described in the access agreement.The applicant and the Pechanga Tribe shall develop and enter into an access agreement formalizing the Pechanga Tribe's right to access the open space area and upon which days and times,permitted and unpermitted activities within the open space area,donation by applicant of a temporary shade structure for use by the Pechanga Tribe,as necessary,provisions for the transfer of rights and obligations under the access agreement to future owners,including any Home Owner's Association or similar entity,and any other provisions deemed necessary to carry out the purpose of accessing the open space. The applicant shall insert language into the Covenants,Conditions, and Restrictions(CC&Rs)allowing the Tribe access to the designated space(s)during this annual two-day event and incorporating into its terms the access agreement. Both the access agreement and CC&Rs shall include an exhibit designating the open space(s)area for use by the Pechanga Tribe during the commemorative eviction walk. Mitigation Measure MM-CUL-13:The applicant shall consult with Construction City of City of Verification by the Pechanga Tribe on the creation and installation of Temecula Temecula City of commemorative public art(e.g.,plaques,signage,patterned pavers, qualified Temecula in etc.)related to the eviction of the Terri peoples.The public art Archaeologist consultation shall commemorate the eviction and"Trail of Tears,"and shall be and Pechanga with Pechanga designed in collaboration with the Pechanga Tribe.The applicant tribal Tribe shall be responsible for the costs associated with providing and representatives installing the commemorative public art.The dedication and the cost of the public art shall be in conformance with the City of Temecula's public art dedication process and cost estimating per Municipal Code,Title 5 Business Licenses and Regulations, Section 5.08.070, Procedure for donation or installation of public artwork. Hazards and Hazardous Materials cypress Ridge Project ] ESA 1 150642 MMRP n May 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks Mitigation Measure MM-HAZ-1:As a condition of approval for a Pre-Construction/ City of City of Issuance of grading permit,the use of construction best management practices Construction Temecula Temecula Grading Permit (BMPs)shall be implemented as part of construction to minimize the Building Official and field potential negative effects of accidental release of hazardous or other verification and materials to groundwater and soils.These shall include the Designee sign-off by City following: of Temecula • Follow manufacturer's recommendations on use,storage and disposal of chemical products used in construction; • Avoid overtopping construction equipment fuel gas tanks; • During routine maintenance of construction equipment, properly contain and remove grease and oils;and • Properly dispose of discarded containers of fuels and other chemicals in accordance with manufacturer's specifications and local and state regulations. All the BMPs shall be in accordance with the most recent version of the California Stormwater Quality Association(CASOA)BMP Handbook for construction and included in contract specifications. Hydrology and Water Quality Mitigation Measure MM-HYDRO-1:The applicant shall retain a Pre-Construction/ City of City of Issuance of Qualified Storm Water Pollution Prevention Plan(SWPPP) Construction Temecula Temecula Building Permit, Developer to prepare a SWPPP in accordance with Construction Building Official review of plans, General Permit requirements.The SWPPP must be completed prior or other field verification to fling a Notice of Intent(NOI)to apply for coverage under the Designee and sign-off by Construction General Permit.The SWPPP shall contain a detailed City of project description and best management practices(BMPs)to be Temecula implemented onsite during and post-construction;BMP Categories are expected to include,but are not limited to erosion control, sediment control,waste management and good housekeeping BMPs. Examples of BMPs include: • Revegetation of landscaped areas; • Hydro-seeding,mulching,or other erosion controls for inactive exposed areas; • Sediment controls such as check dams,desilting basins,fiber rolls,and silt fencing; • Catch basin inlet protection; Cypress Ridge Project $ ESA/150642 MMRP May 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks • Construction materials management;and • Cover and containment of Construction materials and wastes. The project operator shall also submit an Erosion and Sediment Control Plan(ESCP)to the City of Temecula Department of Public Works for approval as part of the project's grading permit application process.The ESCP shall detail planned erosion control measures on the Construction site including but not limited to filtration of runoff, erosion Controls,sediment controls,site perimeter protection, stabilization of construction access points,and slope protection.The ESCP shall be approved by the City prior to the start of construction activities. Mitigation Measure MM-HYDRO-2:The applicant shall implement Pre-Construction/ City of City of Issuance of the best management practices(BMPs)contained in the Water Construction/ Temecula Temecula Building Permit, Quality Management Plan(WQMP)prepared for the project in Post-Construction Building Official review of plans, March 2016.The project WQMP proposes implementation of or other field verification various Structural Source Control BMPs(permanent,structural Designee and sign-off by features),Operational Source Control BMPs(implemented by the City of site's occupant or users),and Low Impact Development(LID) Temecula BMPs.Source Control BMPs specified in the WQMP include,but are not limited to,marking all inlets to indicate that they drain to the ocean,designing landscaping to minimize irrigation and runoff, minimizing fertilizer and pesticide use,designating of trash receptacle areas,and avoiding the use of unprotected metals that could leach into runoff.Operational BMPs specified in the WQMP include,but are not limited to,repainting or replacing inlet markings, providing Integrated Pest Management plan information to owners, tenants,and employees,and inspecting and maintaining drains to prevent blockages and overflow. LID BMPs include a large infiltration basin,encouragement of natural infiltration,and Conversion of a concrete-lined flood Control channel to an infiltration Swale. NOISE Mitigation Measure MM-NOI-1: Prior to the issuance of a certificate Construction City of City of Issuance of of occupancy,the applicant shall ensure that all new HVAC or Temecula Temecula Certificate of mechanical equipment associated with the proposed project be Building Official Occupancy by designed with adequate shielding(e.g.,via rooftop parapet or or other City of enclosure)or noise muffling devices to ensure that noise levels Designee Temecula would not exceed the ambient noise level on the premises of other occupied residential properties located offsite by more than 5 dBA CNEL. Cypress Ridge Project 9 ESA 1 150642 MMRP n May 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks Mitigation Measure MM-NOI-2: Prior to the issuance of a certificate Construction City of City of Issuance of of occupancy,the applicant shall ensure that all exterior windows Temecula Temecula Certificate of associated with the proposed residential uses at the project site Building Official Occupancy by along Pechanga Parkway,west of Loma Linda Road shall be or other City of constructed to provide a sufficient amount of sound insulation to Designee Temecula ensure that interior noise levels would be below 45 dB Ldn or CNEL in any habitable room. Mitigation Measure MM-NOI-3:The operation of construction Construction City of City of Issuance of equipment that generates high levels of vibration,such as large Temecula Temecula Grading Permit bulldozers, large excavator,and large grader,shall be prohibited Building Official and field within 45 feet of existing nearby residential structures during or other verification and construction of the proposed project. Instead,small rubber-tired Designee sign-off by City bulldozers shall be used within this area during grading and of Temecula excavation operations.The use of small rubber-tired bulldozers would result in vibration levels of 0.002 in/sec PPV and 57 VdB at the residences to the west of the project site,which would not exceed the FTA's vibration criteria for building damage and human annoyance,respectively. Mitigation Measure MM-NOI4:Noise-generating equipment Construction City of City of Issuance of operated at the project site shall be equipped with the most effective Temecula Temecula Grading Permit noise Control devices,i.e.,mufflers,lagging,and/or motor Building Official and field enclosures. All equipment shall be properly tuned and maintained or other verification and in accordance with manufacturer's specifications. Designee sign-off by City of Temecula Mitigation Measure MM-NOI-5:The Construction contractor shall Construction City of City of Issuance of locate portable equipment and store and maintain equipment as far Temecula Temecula Grading Permit as possible from the off-site residents and other sensitive receptors. Building Official and field or other verification and Designee sign-off by City of Temecula Mitigation Measure MM-NOI-6:Construction activities associated Construction City of City of Issuance of with the proposed project shall,to the extent feasible,be scheduled Temecula Temecula Grading Permit so as to avoid operating more than 3 pieces of equipment Building Official and field simultaneously,which causes high noise levels. or other verification and Designee sign-off by City of Temecula Mitigation Measure MM-NOI-7:Temporary noise barriers shall be Construction City of City of Issuance of used to block the line-of-site between the construction site and the Temecula Temecula Grading Permit noise-sensitive receptors during project construction,as follows: Building Official and field or other verification and a Provide a temporary noise barrier with the provision of a Cypress Mcge Project 10 ESA 1 150642 MMRP May 2017 Mitigation Monitonng and Reponing Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks minimum of 15 dBA reduction noise between the project Designee sign-off by City construction site and the existing residential uses west of the of Temecula project site across the concrete-lined flood channel. b)Provide a minimum of 10 dBA reduction noise barrier between the project construction site and the residential uses northeast of the project site across Temecula Lane. c) Provide a minimum of 7 dBA reduction noise barrier between the project construction site and the residential uses southeast of the project site across Temecula Lane. d)Provide a minimum of 3 dBA reduction noise barrier between the project construction site and the community park north of the project site across Temecula Lane. Mitigation Measure MM-NOI-8:The project proponent/developer Construction City of City of Issuance of shall ensure that signs shall be posted at the construction sites that Temecula Temecula Grading Permit include permitted construction days and hours,and a contact Building Official and field number for the job site. or other verification and Although the above mitigation measures would reduce the project's Designee sign-off by City of Temecula construction noise levels to the maximum extent feasible,it is anticipated that the nearest offsite sensitive receptors west of the proposed project site across the concrete-lined flood channel would continue to experience a substantial temporary or periodic increase in ambient noise levels during project construction.Therefore,the project's construction noise would be a temporary significant and unavoidable impact on the nearest offsite sensitive receptors. Traffic and Circulation Mitigation Measure MM-CIRC-1:To mitigate the project impact, Pre-Construction/ City of City of Issuance of the following improvements are required: Construction Temecula Temecula Grading Permit Engineer or and Issuance of Optimize the AM and PM peak hour traffic signal cycle lengths other Designee a Certificate of and splits within the coordinated timing plan for the 1-15 SB Occupancy Ramps&Temecula Parkway and 1-15 NB Ramps& Temecula Parkway intersections. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan for the Loma Linda Road& Pechanga Parkway intersection.Since Pechanga Parkway operates an Adaptive Traffic Signal System,the entire corridor will need to be optimized. Mitigation Measure MM-CIRC-2: To mitigate the project impact, Pre-Construction/ City of City of Issuance of Cypress Ridge Project 11 ESA 1 150642 MMRP n May 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks the project proponent/developer is required to pay a fair-share Construction Temecula Temecula Grading Permit contribution for the following additional improvements: Engineer or and Issuance of other Designee a Certificate of Modify the southbound approach to add a right-turn overlap phase. Occupancy Mitigation Measure MM-CIRC-3: To mitigate the project impact, Pre-Construction/ City of City of Issuance of the project proponent/developer is required to pay a fair-share Construction Temecula Temecula Grading Permit contribution for the following additional improvements: Engineer or and Issuance of • Optimize the AM and PM peak hour traffic signal cycle lengths other Designee a certificate of Occupancy and splits within the coordinated timing plan.Since Temecula Parkway operates an Adaptive Traffic Signal System,the entire corridor will need to be optimized. Modify the westbound approach to provide a right turn lane with 300 feet of storage. Mitigation Measure MM CUM-CIRC-1:To mitigate the project Pre-Construction/ City of City of Issuance of impact,the improvements are required: Construction Temecula Temecula Grading Permit Engineer or and Issuance of • Modify the northbound approach from one left-turn lane,one other Designee a Certificate of through lane,one shared through/right lane and one right-turn Occupancy lane to one left-turn lane,one through lane and three right- turn lanes with a right-turn overlap phase. • Modify the eastbound approach from one left-turn lane,one through lane and one shared through/right-turn lane to one left-turn lane,two through lanes and two right-turn lanes with a right-turn overlap phase. • Modify the southbound approach from one left-turn lane,one through lane and one shared through/right lane to two left-turn lanes,one through lane and one shared through/right lane. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. Mitigation Measure MM CUM-CIRC-2:To mitigate the project Pre-Construction/ City of City of Issuance of impact,the improvements are required: Construction Temecula Temecula Grading Permit • Engineer and Issuance Modify the northbound approach to add a second right- of turn lane. other Designee a certificate of f Occupancy • Modify the eastbound approach to add a third right-turn lane. Modify the westbound approach to add a third left-turn Cypress Ridge Wolect 12 ESA/150642 MMRP - May 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks lane. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan.Since the Temecula Parkway and Pechanga Parkway intersection operates Adaptive Traffic Signal Systems,both corridors will require optimization. Cypress Rtdge Project 13 ESA 1150642 MMRP n May 2017 Exhibit C STATEMENT OF OVERRIDING CONSIDERATIONS The following Statement of Overriding Considerations is made in connection with the proposed approval of the Cypress Ridge Residential Development (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 noise generated by temporary construction activities, and the significant and unavoidable traffic impacts to the 1-15 SB Ramps/Temecula Parkway intersection under Future Buildout (2035) Conditions. 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 housing with various options to serve housing needs in the City, including available options that are advantageous to assisting special needs residents with their day-to-day living. C. The Project will include an enhancement to Pala Park, which will include special-needs compatible playground equipment, refurbishing the existing restrooms, and providing the appropriate number of disabled parking spaces and related signage. D. The Project will install off-site landscaping along Pechanga Parkway, north of the project site. This area is located at the beginning of the western most portion of the project site and extends north along Pechanga Parkway for approximately 1,050 feet. The placement of landscaping along this stretch of road will beautify an area that currently contains no landscaping. Additional landscape improvements include replacing the concrete in the existing drainage located north of the project site with landscaping. E. A public trail installed as part of the Project along the northwestern project boundary will provide an access point from Pechanga Parkway to Temecula Lane and Pala Park. This trail will be accessible to both the residents of the Project and surrounding communities. 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.