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HomeMy WebLinkAbout04-030 CC Resolution I I I RESOLUTION NO. 04.30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TEMECULA EDUCATIONAL COMPLEX PROJECT, THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND AGK GROUP, LLC. FOR THE DEVELOPMENT OF THE TEMECULA EDUCATIONAL COMPLEX, AND RELATED ACTIONS, AND ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, APPROVING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND APPROVING A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE TEMECULA EDUCATIONAL COMPLEX TO BE DEVELOPED ON APPROXIMATELY 31.1 ACRES OF PROPERTY SOUTHWESTERLY OF THE INTERSECTION OF DIAZ ROAD AND DENDY LANE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula ("City") hereby finds and determines as follows in making findings of fact pursuant to Section 15091 of the California Environmental Quality Act ("CEQA") a. Pursuant to the California Environmental Quality Act ("CEQA"), the Council is the lead agency for the Project as the public agency with both general governmental powers and the principle responsibility for implementing the Project. b. A Notice of Preparation of a Draft Environmental Impact Report ("Draft EIR") was issued on June 12, 2004, inviting comments from responsible agencies, other regulatory agencies. organizations and individuals pursuant to State CEQA Guidelines section 15082. c. Written statements were received by the City in response to the Notice of Preparation, which assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR. d. A Draft EIR was prepared by the City pursuant to State CEQA Guidelines section 15168 to analyze potential adverse environmental impacts of Project implementation pursuant to CEQA. e. Upon completion of the Draft EIR dated November 10, 2003, the City initiated a 45-day public comment period by filing a Notice of Completion with the State Office of Planning and Research, which comment period closed on December 26, 2003. f. The City also published a Notice of Availability for the Draft EIR in a newspaper of general circulation. Copies of the Draft EIR were sent to public agencies, organizations, and individuals. In addition, the City placed copies of the Draft EIR in public libraries in Riverside County and made copies available for review at City offices. R:/Resos 2004/Resos 04-30 I I I g. During and before the official public review period for the Draft EIR, the City received written comments, all of which were responded to by the City. Those comments and the responses are included as part of the Final Environmental Impact Report/Response to Comments document ("Final EIR"). h. Pursuant to Public Resources Code section 21092.5, the City provided its responses to all commentators and released the Final Environmental Impact Report on February 13, 2004. i. Section 15091 of the State CEQA Guidelines prevents the City from approving or carrying out a project for which an EIR has been completed that identifies any significant environmental effects unless the City makes one or more of the following written finding(s) for each of those significant effects 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 Council and not the Council making the finding. Such changes have been adopted by such other Councilor can and should be adopted by such other Council; 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. j. Section 15093 of the State CEQA Guidelines requires that if the 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. k. Exhibit A to this Resolution contains the findings of the Council with respect to the Project which establish the basis for the approval and certification of the Final Environmental Impact Report for the Project. Exhibit A, "Candidate Facts, Finding, and Statement of Overriding Considerations Regarding the Environmental Effects From Implementing the Temecula Educational Complex Project," is hereby incorporated herein by this reference as though set forth in full. I. Findings describing the Project, environmental review, and preparation of the Draft EIR and Final EIR, are set forth in Section 1 of this Resolution and Sections A, B, and C of Exhibit A. m. Environmental impacts identified in the Final EIR which the Council finds are less than significant and do not require mitigation and environmental impacts identified in the Final EIR as potentially significant, but which the Council finds can be mitigated to a less than significant level through the imposition of mitigation measures and/or conditions identified in the Final EIR and Project and set forth herein are described in Section 2 of this Resoluttion and Section D of Exhibit A. R:/Resos 2004/Resos 04-30 I I I n. Environmental impacts identified in the Final EIR as potentially significant but which the Council finds cannot be fully mitigated to a less than significant level despite the imposition of all feasible mitigation measures described in Section 3 of this Resolution and Section E of Exhibit A. o. Alternatives to the Project that might eliminate or reduce significant environmental impacts are described in Section 4 of this Resolution and Section F of Exhibit A. p. A discussion of Project benefits identified by Council and City staff and a Statement of Overriding Considerations for the environmental impacts that cannot be fully mitigated to a less than significant level are set forth in Section 5 of this Resolution and in Sections G and H of Exhibit A. q. Public Resources Code section 21081.6 requires the Council to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures. r. Prior to taking action, the Council and the Redevelopment Agency of the City of Temecula held a joint public hearing concerning the proposed Project on March 16, 2004 at which time, members of the public had an additional opportunity to supplement the administrative record by testifying before the Council and the Agency concerning the Project. The Council and Agency have heard, been presented with, reviewed and considered all of the information and data in the administrative record including the Final EIR, and all oral and written testimony presented to it during meetings and hearings. The Final EIR reflects the independent judgment of the Council and is deemed adequate for purposes of making decisions on the merits of the Project and related actions. No comments or any additional information submitted to the City have produced any substantial new information requiring circulation or additional environmental review of the Final EIR under CEQA, nor do the minor modifications to the Final EIR require additional public review because no new significant environmental impacts were identified, no substantial increase in the severity of any environmental impacts would occur. Section 2. Findings Concerning Impacts Which will have Less than Significant Impact. The Council hereby finds and declares that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, the environmental impacts associated with the Project which will have a less than significant impact through the Initial Study are listed in Section D of Exhibit A to this Resolution. The Council hereby further finds that mitigation measures outlined in the Draft EIR have been incorporated into the Project that avoid or substantially lessen potentially significant environmental impacts identified in the Project Draft EIR to a less than significant level and that such impacts are listed in Section D of Exhibit A to this Resolution. Section 3. Findings Concerning Impacts Which Will Which Cannot be Fully Mitigated and Statement of Overriding Considerations Concerning These Impacts. The Council hereby finds and declares that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, that, despite the incorporation of mitigation measures outlined in the Draft EIR, the impacts listed in Section E of Exhibit A cannot be fully mitigated to a less than significant level, and a Statement of Overriding Considerations is therefore included as part of Section 5 of this Resolution. R:/Resos 20O4/Resos 04-30 I I I Section 4. Findings Concerning Alternatives. CEQA requires that an EIR evaluate a reasonable range of alternatives to a Project, or to the location of the Project, which: (1) offer substantial environmental advantages over the Project proposal, and (2) may be feasibly accomplished in a successful manner within a reasonable period of time considering the economic, environmental, social and technological factors involved. An EIR must only evaluate reasonable alternatives to a Project which could feasibly attain most of the Project objectives, and evaluate the comparative merits of the alternatives. In all cases, the consideration of alternatives is to be judged against a "rule of reason." The lead agency is not required to choose the "environmentally superior" alternative identified in an EIR if the alternative does not provide substantial advantages over the proposed Project and (1) through the imposition of mitigation measures the environmental effects of a Project can be reduced to an acceptable level, or (2) there are social, economic, technological or other considerations which make the alternative infeasible. The Council hereby finds and declares that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, that it has considered the alternatives identified in the Draft EIR as described in Section F of Exhibit A to this Resolution in the manner required by CEQA. Section 5. Project Benefits and Statement of Overriding Considerations. Pursuant to State CEQA Guidelines section 15093, the Council must balance the benefits of the Project against any unavoidable environmental impacts in determining whether to recommend approval of the Project. If the benefits of the Project outweigh the unavoidable adverse environmental impacts, those impacts may be considered "acceptable." a. The Council hereby finds that the Draft EIR has identified and discussed significant effects that will occur as a result of the Project. With the implementation of the mitigation measures discussed in the Draft EIR and Project, these effects can be mitigated to a less than significant level except for the unavoidable significant impacts as discussed in Section 2, 3 and 4 of this Resolution. b. The Council declares that it has made a reasonable and good faith effort to eliminate or substantially mitigate the potential impacts resulting from the Project. c. The Council finds that to the extent any mitigation measures recommended in the Draft EIR and/or Project could not be incorporated, such mitigation measures are infeasible because they would impose restrictions on the Project that would prohibit the realization of specific economic, social, and other benefits that the Council finds outweigh the unmitigated. d. The Council declares that, having reduced the adverse significant environmental effects of the Project to the extent feasible by recommending adopting of the proposed mitigation measures, having considered the entire administrative record on the Project, and having weighed the benefits of the Project against its unavoidable adverse impacts after mitigation, the Council has determined that the social, economic, and environmental benefits of the Project outweigh the potential unavoidable adverse impacts and render those potential adverse environmental impacts acceptable based upon the project benefits and overriding considerations described in Sections G and H of Exhibit A to this Resolution. e. The Council finds that the foregoing benefits provided to the public through approval and implementation of the Project outweigh the identified significant adverse environmental impacts of the Project which cannot be mitigated. The Council further finds that each of the Project benefits outweighs the unavoidable adverse environmental effects identified R:/Resos 2004/Resos 04-30 4 I I I in the Draft EIR and therefore finds those impacts to be acceptable. Each of the benefits listed above, standing alone, is sufficient justification for the Council to override these unavoidable environmental impacts. f. The Council finds that it has reviewed and considered the Final EIR in evaluating the Project, that the Final EIR is an accurate and objective statement that fully complies with the CEQA, State CEQA Guidelines and the City's local CEQA Guidelines and that the Final EIR reflects the independent judgment of the Council. Section 6. Certification of EIR. The Council hereby certifies the Final Environmental Impact Report for the Temecula Educational Complex based on the following findings and conclusions: a. All significant environmental impacts from implementation of the Project have been identified in the Draft EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance, except for those impacts listed in Section 3 of this Resolution. b. Other reasonable alternatives to the Project, which could feasibly achieve the basic objectives of the Project, have been considered and rejected in favor of the Project as . discussed in Section 4 of this Resolution. c. Environmental, economic, social and other considerations and benefits derived from the development of the Project override and make infeasible any alternatives to the Project or further mitigation measures beyond those incorporated into the Project as discussed in Section 5 of this Resolution. Section 7. Adoption of Recommendation for the Adoption of a Mitigation Monitoring and Reporting Program. The Council hereby adopts the Mitigation Monitoring and Reporting Program, attached to this Resolution as Exhibit B. Exhibit B is attached hereto and incorporated herein by this reference as though set forth in full. In the event of any inconsistencies between the mitigation measures as set forth herein and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control. Section 8. Location of Records. The documents and materials that constitute the record of proceedings on which these Findings have been based are located at the City of Temecula, 43200 Business Park Drive, Temecula, California 92590. The custodian for these records is the Director of Redevelopment, John Meyer. This information is provided in compliance with Public Resources Code section 21081.6. Section 9. Effective Date. The Resolution shall become effective upon its adoption. The Council Secretary shall certify to the adoption of this Resolution. R:/Resos 20O4/Resos 04-30 5 I PASSED, APPROVED, AND ADOPTED, by the Board of Directors of the Redevelopment Council of the City of Temecula this 16th day of March, 2004. }~~'~ Michael. N gar, Mayor , ATTEST: STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 04-30 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 16th day of March, 2004, by the following vote: AYES: 5 NOES: 0 ABSENT: 0 ABSTAIN: 0 COUNCILMEMBERS: Naggar, stone, Roberts, Washington, Comerchero COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None I R:/Resos 20O4/Resos 04-30 I I I EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM R:/Resos 20O4/Resos 04-30 EXHIBIT A I THE FINDINGS I I I I I CANDIDATE FACTS, FINDING, AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE ENVIRONMENTAL EFFECTS FROM IMPLEMENTING THE TEMECULA EDUCATION COMPLEX PROJECT A. INTRODUCTION The City of Temecula (City), in approving the Temecula Education Complex Project (TEC or proposed project), makes the findings described below, based on the facts summarized in this document, and adopts the statement of overriding considerations presented at the end of the findings. Hereafter, the following document (Final Temecula Education Complex Environmental Impact Report, SCH #2003061117) will be referred to as the "FEIR" for the term Final Environ- mental Impact Report. The total action that may be implemented by approval of the TEC Project consists of all of the actions outlined in the FEIR and the application materials submitted to the City of Temecula to date to create a facility to provide post-high school education programs by several area colleges and universities. Adoption and implementation of the TEC Project constitutes the "proposed project" that will be evaluated in this FEIR. To carry out this proposal, the City of Temecula and the project applicant, the AGK Group, LLC, compiled a Conceptual Site Plan (Figure 2-3 fo the FEIR), the identifies the type and location of required facilities to meet the educational objective described above. It is the total program outlined in the Conceptual Site Plan and Project Description (see Chapter 4 of the FEIR) that constitutes the proposed project evaluated in the FEIR. B. PROJECT SUMMARY PROJECT LOCATION B.1 Locally, the project site is situated about one mile west of the 1-15 freeway and westerly of and adjacent to Murrieta Creek near the foot of the easterly slope of the Santa Rosa Mountains. The site is located within the northwestern portion of the City and is bounded by Diaz Road on the east; Dendy Parkway on the south; and the proposed Cherry Street alignment and the corporate boundary of the City of Temecula to the north. B.2 PROJECT CHARACTERISTICS To accomplish the above project objectives, the applicant has submitted a CUP application, a Development Plan that provides a conceptual level plan of site development as well as a Disposition and Development Agreement. Approval by the City of these applications and entitlements constitute the au1horization to implement the Temecula Education Complex and the facilities outlined below. If the project changes in the future as individual phases are implemented, subsequent environmental documentation will be prepared in accordance with Section 15162 of the State CEQA Guidelines. The AGK Group in cooperation with the City of Temecula Redevelopment Agency (RDA) is proposing to construct the Temecula Education Complex (TEC) Project. The TEC Project is a mixed use development focused on educational facilities and supporting uses to be located on -1- I I I the 34.73-acre parcel of land owned by the RDA at the location described in the previous section. The TEC facilities are being proposed to consolidate college education activities within the City of Temecula at a single location to serve the surrounding community. Classes being offered by the University of California Riverside, California State University San Marcos and the Mount San Jacinto Junior College District will be consolidated at the TEC. The facilities proposed to be developed at the TEC include: 1. 2. 3. 4. 5. 6. 7. 8. 9. Conference Center: single story structure with 23,000 square feet (sf) West Education Tower: four or five story classroom structure with 57,600 sf Core Tower: five-story signature tower East Education Tower: four or five story classroom structure with 57,600 sf Amphitheater: an outdoor grass amphitheater with stage Day Care Facility: 16,000 sf single story day care center with play yard Retail: 13,500 sf single-story retail center Retail: 14,500 sf single-story retail center Mixed Use: -40,000 sf mixed use two-story structure with -20,000 sf of retail on the bottom floor and an estimated 15 "loft" residential units for rent or sale Apartments (Creek Walk): 280 apartment units three to four stories in height Research and Development (R&D) Multi-tenant: 16,000 sf single-story professionaVoffice complex Parking Areas: six parking areas encompassing 1,530 parking spaces, including open parking lots, parking structures, and garages 10. 11. 12. It is anticipated that the above facilities will be constructed in three phases, but phasing will actually be dependent upon demand by the colleges and area demand for the facilities. Phase 1 is proposed to include the following: core tower, east education tower, day care center, retail, retaiVioft, the Apartments and requisite support parking. Phase 2 is proposed to include: amphitheater, conference center and retail. Phase 3 is proposed to include: the R&D Multi- tenant and west education tower. Parking facilities will be installed based on demand by the facilities in each phase and the need for site access and circulation. Landscape and hardscape components are also shown on Figure 2-3 and will be installed concurrent with the facilities constructed during each phase. All perimeter landscaping will be installed as part of Phase I. Areas not being developed during the early phases will be maintained with a grass and/or park- like groundcover until needed for facility construction. Individual structures are estimated to require from 3 to 9 months to construct. Once completed several thousand students per day will received education at the proposed project facilities. c. ENVIRONMENTAL REVIEW The entire administrative record, including the project applications, the FEIR, public comments and responses, City Staff reports, and these facts, findings and statement of overriding considerations, serve as the basis for the City of Temecula's environmental determination. The City Council's environmental determination is that the FEIR addresses all of the potential impacts from implementing the proposed as outlined above and defined in detail in Chapter 4 of the FEIR. The detailed environmental impacts and proposed mitigation measures for the future development of TEC facilities are presented in Chapter 5 of the FEIR and in the respånses to comments (under separate cover) which is part of the FEIR. Alternatives to the proposed -2- I I I project are discussed in Chapter 6 of the FEIR. Evaluations of growth inducement, cumulative impacts, and irreversible commitment of resources are provided in Chapter 7, Topical Issues, of the FEIR. The following findings contain a summary of the facts used in making determinations for each environmental issues addressed in the FEIR. 4. 1. Consideration of the EIR: The CEQA environmental review process for the TEC Project was initiated on June 12, 2003 with the release of the Notice of Preparation (NOP) for public review and comment. The NOP comment period ended on July 12, 2003 and a total of either comment letters were received from the public. The NOP identified four issues of focus in a Draft EIR: air quality, transportation/traffic; hazards and hazardous materials; and cultural resources. After review of the NOP comments, the scope of the Draft EIR was finalized and no additional issues were added to the scope of the DEIR. The TEC Project DEIR was released to the public for review and comment on November 10, 2003. The mandatory 45-day review period closed on December 26, 2003. A total of six comment letters, including the State Clearinghouse comment closure letter, were received on the DEIR. The Final Environmental Impact Report, FEIR, dated February 13, 2004, was transmitted to all parties, including public agencies, that commented on the DEIR to fulfill the requirements of Section 21092.5 of the CEQA statute. The FEIR and all supporting material has been made available to the Temecula City Council and a summary of the FEIR and its findings presented directly to the Council for consideration in making its decision to certify the FEIR and approve the TEC Project. The Temecula City Council makes the following certifications pursuant to the California Environmental Quality Act Guidelines Section 15090. The City Council finds and certifies that the FEIR has been completed in compliance with CEQA. The City Council certifies that all voting members have reviewed and considered the FEIR prior to approving the TEC Project implementation. In addition, all voting City Council members have reviewed and considered the additional information presented at or prior to the public hearing on March 16, 2004. The City Council further finds and certifies that the FEIR reflects the independent judgement and analysis of the City, the Council and its Staff and the FEIR is adequate for this proposed project. 2. Full Disclosure: The Temecula City Council finds and certifies that the FEIR constitutes a complete, accurate, adequate and good faith effort at full disclosure under CEQA. 3. Location of Record Proceedings: The documents and other materials which constitute the record of proceeding upon which this decision is based are in the custody of the City of Temecula located at 43200 Business Park Drive, Temecula, California. This information is provided in compliance with Public Resources Code §21081.6(a)(2). City of Temecula as Lead Agency Under CEQA: The City of Temecula is the "lead agency" as defined by CEQA Guidelines Section 15050. In compliance with its authority and responsibility for overseeing land use decisions and redevelopment projects within its incorporated area, The City has prepared the Draft and Final EIRs for the TEC -3- I I I Project, prepared these facts, findings and Statement of Overriding Considerations in accordance with the CEQA Guidelines and the Public Resources Code, and will carry out all other duties and responsibilities required of a lead agency under the Public Resources Code and the CEQA Guidelines. D. FINDINGS Presented below are the environmental findings made by the City of Temecula after its review of the documents referenced above; and consideration of written and oral comments on the proposed project at a public hearing, including all other information provided during the decision-making process. These findings provide a summary of the information contained in the FEIR, related technical documents, and the public hearing record that have been referenced by the Temecula City Council in making its decision to approve the TEC Project for immediate implementation as the first step in achieving fulfillment of this several phased education complex. The FEIR prepared for the TEC Project addresses the consequences of implementing construction of all three phases of the Project and operation of educational, residential, commercial and professional office uses on this approximate 31 acre site in the northwestern portion of the City of Temecula. This FEIR, and supporting Initial Study, evaluated 15 major environmental issues categories for potential significant adverse impacts. The major environmental issue categories presented in the FEIR, are: air quality; transportation/traffic, hazards and hazardous materials; and cultural resources. The issues found in the Initial Study to have no potential for significant adverse impact included: land use and planning; population and housing; geology and soils; hydrology and water quality; biological resources; mineral resources; noise; public services; utilities and service systems; aesthetics; and recreation. When all impact categories are included, the FEIR reached a total of 30 findings on environmental issues. Short and long-term impacts and project-specific and cumulative impacts were evaluated for implementation of the proposed project. Some of the issue categories contained several subissues which are summarized below. Of these 15 major environmental categories, the City Council concurs with the findings in the FEIR, that the issues and subissues discussed below are either not significant without mitigation or they can be mitigated below a significant impact threshold. Further, for those issues which cannot be mitigated below a level of significance, the City finds that overriding considerations exist which make those impacts acceptable. Those environmental issue categories identified in the FEIR and Initial Study as having no potential for significant adverse impact, with or without mitigation, are described below in Section E. The discussion in Section E summarizes the facts and findings contained in the FEIR and Initial Study for the nonsignificant issues, including those for which mitigation has been identified to reduce impacts below a significant level. Unavoidable (unmitigable) significant adverse impacts of the project are described in Section F of this document. This is followed by an analysis and comparison of the alternatives to the proposed project which are described in Section G of this document. Project benefits are described in Section H. The balancing of benefits and impacts and the statement of overriding considerations for this project are described and evaluated in Section I of this document. -4- I I I Several additional mitigation measures were identified for modification and implementation in the Responses to Comments of the FEIR. These changes were made in response to comments received regarding cultural resources. The changes have been incorporated into the FEIR and Mitigation Monitoring and Reporting Program (MMRP). All of these changes in mitigation measures remain within the scope of the performance standards outlined in the DEIR, as indicated in the responses to comments to Comment Letter #6. Mitigation measures referenced in this document are also contained in the MMRP which is attached to the FEIR. The mitigation measures that were incorporated in the MMRP identify mitigation measures which are the responsibility of City of Temecula. Monitoring of certain cultural resource measures will be shared with the Pechanga Bands of LuiseC'o Indians (hereinafter, .Pechanga Tribe"). The monitoring program ensures that the measures identified in the FEIR are implemented in accordance with mitigation discussions in the FEIR. E. NONSIGNIFICANT IMPACTS IDENTIFIED IN THE FEIR The following issues were identified in the FEIR as having no potential to cause significant impact or were capable of having impacts reduced below a significant level by implementing the identified mitigation measures. Many of these issues were determined to fall below a level of significant impact in the Initial Study prepared for this project. The Initial Study is incorporated as part of the FEIR as Subchapter 9.1. In the following presentation, each resource issue is identified; it is followed by a summary description of the potential significant adverse environmental effect and a short discussion of the findings and facts in the administrative record, as defined above. The Temecula City Council hereby finds that all mitigation measures identified in the FEIR will be implemented to mitigate certain impacts of this project and will be incorporated into or will be required of the project to avoid or substantially lessen potentially significant environmental impacts to a less than significant level of impact. Public Resources Code Section 21081 states that no public agency shall approve or carry out a project for which an environmental impact report has been completed which identifies one or more significant effects, unless the public agency makes one, or more, of the following findings: a. Changes or alterations have been required in, or incorporated into the project which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report; b. Such changes or alterations are within the responsibility and jurisdiction of another public agency and such changes have been adopted by such agency or can and should be adopted by such other agency; and/or c. Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. The City Council hereby finds, pursuant to Public Resources Section 21081, that the following issues are nonsignificant adverse impacts because they have no potential to cause a significant adverse impact or because mitigation measures will be implemented, as outlined below, to reduce a potential significant impact to a less than significant level of impact. The City Council further finds that no additional mitigation measures or project changes are required to reduce -5- I I I the potential impacts discussed in this section to a less than significant level of impact. These issues and the measures adopted to mitigate them to a level of insignificance are as follows. Issues Determined to be Nonsianificant in the Initial Studv 1. Land Use a. Physically divide an established community: Facts: The project site is located in the northwest corner of the City of Temecula surrounded by graded pads, Murrieta Creek floodplain, the Rancho California wastewater treatment plans (WWTP) and light industrial development (to the south). The project area is designated for Public Institutional uses. The development of this site would result in an isolated education facility/campus in an industrial area and would not divide an established community. Findina: b. Conflicts with applicable land use plans, policies or regulations: Facts: The Temecula Education Complex represents the type of use envisioned for the Public Institutional (PI) land use designation. Specifically, this facility will contain college education classrooms, cultural facilities (amphitheater) and support facilities, such as libraries. The only other permit required for the project site is the mandated construction stormwater NPDES permit which is filed with the State Water Resources Control Board. Mitigation is provided to control stormwater pollution during both construction and occupancy to an acceptable, (consistent with Regional Board discharge requirement) nonsignificant level of impact. In addition, the developer will be required to modify the FEMA FIRM map by removing the project site from the 100-year flood hazard zone. Findina: Therefore, no potential for significant conflict with any environmental plan or regulation is forecast to occur if the proposed project is implemented on the project site with mitigation identified in the geology and hydrology sections of this document. c. Conflicts with applicable habitat conservation plans: Facts: The project site consists of undeveloped property that is bounded by a mix of light industrial, graded development pad, floodplain and open space uses. Only one habitat conservation plan encompasses the project site, and it is the adopted mitigation plan for the Stephen's Kangaroo Rat (SKR). The project developer is required to pay the requisite $500 per acre fee for developing the 31.1 acre site ($15,500) as further discussed in the biology section of this document. Findina: With payment of the mandatory fee for the SKR habitat conservation plan, no significant conflict with the one applicable habitat conservation plan can occur. 2. Population and Housing -6- I I I a. Facts: Findina: b. Facts: Findina: c. Facts: Findina: 3. Induce substantIal populatIon growth In the ares: The City General Plan designated this approximate 31-acre site for Public and Institutional Facility uses. The site is already served by all utilities and services and road access, so no indirect growth inducement is forecast to result from implementing this proposed project. As proposed, the Temecula Education Complex is designed to meet the existing demand for college level education from several institutions of higher learning and would include classroom and educational support facilities, retail commercial, office/professional and multi-family residential uses. These uses will be developed and operated in direct support of the educational complex. The same reasoning applies to the proposed 295 residential units (apartment and loft units). These units will be mostly associated with operation of the educational facilities. The proposed 295 units constitute 0.5% of the maximum number of total units and 1.6% of the maximum number of multi-family units in the City of Temecula. The addition of up to 295 additional multi-family units within the City of Temecula falls well within the range of the 27,353-51,555 total residential units and of the 11,579-18,764 multi-family residential units forecast in the City's General Plan on Table 2-2. The range of multi-family units listed above reflects the range of densities (7-20 dwelling units per acre) permitted within the multi-family residential land use designations within the City. The addition of 295 residential units represents such a small increment of units that the impact is not considered significantly growth inducing. Further, at an occupancy rate of 2.83 persons per unit, the total population that may occupy this project at full occupancy (295 x 2.83 = 834.8) is about 835 persons. This value is consistent with the statistical range of population forecast on Table 4-2A of the General Plan, which at full build-out of the City is forecast to range from 78,671 to 145,650 persons. Thus, the project will not induce population growth that exceeds the range envisioned in the General Plan. As a result, no significant population or housing impacts are anticipated and no mitigation is required. Displace a substantial number of existing houses: The project site is presently unoccupied by any housing. The proposed project has no potential to displace any existing housing. Displace substantial numbers of people: The project site is presently unoccupied by people. The proposed project has no potential to displace any existing population. Geology and Solis a.l) Expose people or structures to potential substantial adverse effects from fault rupture: -7- I I I Facts: The project site is located in a portion of the Elsinore Trough, which is itself located within the Peninsular Ranges Geomorphic Province. This trough is a sedimentary basin that is located between the active Wildomar fault and the older Willard fault. A detailed description of the City's geology and soils is contained in Chapter 4.1 of the City's General Plan Environmental Impact Report (GPEIR). According to the GPEIR, the City of Temecula is in Groundshaking Zone II which will experience moderate to intense groundshaking in the event of a major regional earthquake. The project site is located 2,400 feet southwest of the Wildomar Fault (outside of its Alquist-Priolo zone) and about 2,200 feet northeast of the Willard fault. The Murrieta Creek fault (shown as the Willard Fault Zone on Figure 7-1 of the General Plan) is considered active and it is within an Alquist-Priolo zone. The zone occupies the western-most portion of the project site, as shown on Figure 7-1 of the City's General Plan. Geology Mitigation Measure No.5 is identified in Section 4.1.3 of the GPEIR and it is deemed adequate to reduce most potential groundshaking impacts to a level of nonsignificance. This measure is mandated for implementation as part of the City's General Plan and requires adequate setbacks from any active fault trace. Findina: Based on the conditional mitigation required in the General Plan, the proposed project will not expose people or structures to fault rupture hazards. a.iI) Expose people or structures to potential substantial adverse effects from ground shaking: Facts: According to the GPEIR, the City of Temecula is in Groundshaking Zone II which will experience moderate to intense groundshaking in the event of a major regional earthquake. Geology Mitigation Measure No.5 is identified in Section 4.1.3 of the GPEIR and it is deemed adequate to reduce most potential groundshaking impacts to a level of nonsignificance. Because this site will be used for public gatherings, additional mitigation measures are proposed to ensure that the proposed project will not expose people or structures to significant ground shaking hazards that could include the loss, injury or death of people. The following mitigation measure shall be implemented to control the onsite ground shaking hazards to a level of nonsignificant impact: 3.a-1 A comprahenslve geotechnical Investigation shall ba raqulred prior to engllHHlring and design development of structuras Identified under Risk Class I & II, e.g., pUblic facilities and rasldenÅ“s, as Idantlfled balow: Risk Clsss I & II, Structuras Critically Needed aftør Dlsastør. Structuras that arB critically needed aftør a dlssstør Include Important utility centørs, firs støtlons, police stations, emergency communication facilities, hospItals, and critical transportation elementa such as bridges and overpasses and smaller dams. Acceptable Damage: Minor non..tructural; facilIty should remaIn operational and safe, or ba suItable for quIck restoration of service. Resist minor IIBrthquakes without damage; Resist modsratø earthquakes without structural damage, but with some non- structural damage; or s. b. -8- I I I c. Resist maJor IUIrthquakes, of the Intensity or Sflverlty of the strongest exper- Ienced In California, without collapse, but with some structul'lll. as _II as non-structuI'II1 damage. Findina: Because this site will be used for public gatherings, additional mitigation measures will be implemented to ensure that the proposed project will not expose people or structures to significant ground shaking hazards that could include the loss, injury or death of people. a./II) Expose paople or structures to potential substantial adverse effects from seismic related ground failure, Including liquefaction: Facts: Findina: A review of the City's Subsidence/Liquefaction Hazards in the General Plan (Figure 7-2) indicates that the project site is located within a zone of potential subsidence or liquefaction. The proposed project has a very high probability of being exposed to liquefaction hazards. Mitigation 3a will ensure that adequate foundation support will be provided to protect structures from liquefaction hazards that may affect the project site. Because this site will be used for public gatherings, additional mitigation measures will be implemented to ensure that the proposed project will not expose people or structures to significant liquefaction hazards that could include the loss, injury or death of people. a.lv) Expose people or structures to potential substantial adverse effects from landslide hazards: Facts: Findina: b. Facts: Because the majority of the project site is located on the relatively flat (less than 2% slope) valley floor, no landslides were observed on the property proposed for devel- opment. The lack of observed landslides in the western portion of the project site and the low vertical relief of the site would indicate a low potential for being exposed to significant landslide hazards on this project site. Result in substantial erosion or loss of topsoil: Development of the project site will increase the site's exposure to potentially signi- ficant erosion hazards and downstream sedimentation. Specific requirements have been established under the state-wide National Pollutant Discharge Elimination System (NPDES) permitting program that requires every construction project larger than one acre to implement a Storm Water Pollution Prevention Plan (SWPPP) during construction and during long-term occupancy. Best Management Practices (BMPs) are identified in the SWPPP to control erosion on a site and any sedimentation generated by disturbing the site for development. Structural measures include managing runoff through detention basins, filtering stormwater to remove certain pollutants, use of drainage management material, such as fiber mats or straw bales, and isolating flows from sources of pollution. The following mitigation measures shall be implemented for construction and occupancy erosion control. -9- I I I developer shall file a Notice of Intent to obtaIn coveraga under the State constructIon program purauant to NPDES, prepare a SWPPP for the BIte, and Imptement BMPa Identified In the Santa Margarita Watershed Dralnllfle Area Management Plan (DAMP). The performance standard that ahall be met la to mInImize erosIon on the BIte and re/aa.. no more than 'O" auspendfld aedllllflnt from the projact BIte when compared to pre..nt condItIons. In addItion, during constructIon urban pollutanta, grea.., oil, etc. shall be reduced by 80" of concentrations In stormwater dIscharges from the sIte without BMPs. The ..me stendard shall be uNd for permanent stormwater dIscharges from the pro/act alte during occupancy. 3.b-2 Developer shall submit a gredlng and erosIon control plan to the Depattment of Public Works for approval. ThIs plan shall Incorporate the meaaurea Included In the SWPPP thet Is desIgned to achIeve the performance standard outlined In measure 3.b.1 above. 3.b-1 The Over the long-term, landscape and hardscape features can control generation of degraded stormwater. Aside from requiring additional time, energy and material to install and maintain such stormwater pollution management features/equipment, the implementation of BMPs for this project are not forecast to cause significant adverse impacts on their own. c. Be located on a geologic unit or soil that Is unstable, or that would become unstable: Facts: As noted under issue 3.a, the project site has a potential for significant instability related to subsidence and liquefaction. Findinas: Mitigation has been identified above to address this issue. With implementation of the mitigation outlined above the potential for instability is reduced to a less than significant level. d. Be located on expansive soli, as defined In Table 1801-B of the Uniform Building Code (1994), creating substantial risks to life or property: Facts: Based on a review of the 'Western Riverside Area California Soil Survey", the site is underlain by the Monserate-Arlington-Exeter Soil Association, consisting primarily of Chino silt loam and Grangeville fine sandy loam soils, which have a minimal potential to be expansive or create hazards related to expansive soils. Findinas: The soil occurring at this location is not expansive as defined in Table 1801-B of the Uniform Building Code, so no adverse impact due to expansive soils can occur. e. Have soil Incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems: Facts: The project site will be served by a sewer collection system. Findinas: There is no potential for the site to have adverse impacts related to use of subsurface wastewater disposal systems. 4. Hydrology and Water Quality -10- I I I a. VIolate any water qualIty standards or waste dIscharge requIrements: Facts: The proposed project consists of a mixture of classrooms, retail commercial facilities, professional office facilities, residential facilities and supporting landscaped and hardscaped exterior areas, including parking structures. The uses proposed for this site do not generate wastewater, other than domestic, which would require treatment or waste discharge requirements. Stormwater runoff from the site must be controlled as outlined under mitigation measure 3b. Domestic wastewater will be delivered to the regional treatment plant for treatment under waste discharge requirements established by the San Diego Regional Water Quality Control Board. As noted above, during construction and occupancy, implementation of BMPs as outlined in Supplement A of the Santa Margarita Watershed DAMP will be implemented which will control non-point sources of stormwater pollution to a level of nonsignificance. See mitigation measure 3b. Findinas: With implementation of the referenced measures, no water quality standards are forecast to be violated by implementing the proposed project. b. SubstantIally deplete groundwater supplies or create a net deficit In the aquIfer: Facts: The project site is located on the valley floor outside of the normal Murrieta Creek floodplain. The eastern portion of the site is located within the 100-year flood boundary, but outside of the floodway as defined on Figure 7-3 of the General Plan. On rare occasions the site may have served as a recharge area, but recent use of the site has caused substantial compaction of the property soils, which would minimize the site's value as a current recharge location. The proposed project does not include any extraction of groundwater, so no adverse direct impact can result from implementing the proposed project. The GPEIR addresses water demand from development in the City of Temecula, including the proposed project site for Public and Institutional Facility uses. Findina: Therefore, the project has no potential to adversely interfere with groundwater recharge. The GPEIR concludes that cumulative water demand within the City can be met by the City's two purveyors (Rancho California Water District and Eastern Municipal Water District) without having a significant adverse impact on the environ- ment, including depletion of the area's groundwater supplies. This conclusion is further verified by the adopted Rancho California Water District Urban Water Master Plan. Therefore, the proposed project will not contribute to a significant cumulative, indirect adverse impact on the area groundwater aquifers. c. SubstantIally alter the exIsting draInage pattern of the site or ares that could cause erosion or siltation on. or off-site: Facts: The project site presently drains to the adjacent roadways south and east of the project site (Diaz Road and Dendy Parkway). From there, surface runoff is collected in the local storm drainage system and delivered to Murrieta Creek, which is located across (east) Diaz Road from the project site (see Figures 2 and 3), which is the regional flood control system for the western portion of the Temecula -11- I I I' Findina: d. Facts: Findina: 6. Facts: Findina: f. Facts: Valley. The regional drainage system includes Murrieta Creek and ultimately the Santa Margarita River. The existing drainage pattern will be retained after project development. However, the property elevation will be raised by about two feet adjacent to Diaz Road to a level one-foot above the 100-year flood hazard elevation to protect the site from the 1 OO-year flood. The proposed project will not change the existing drainage pattern of the project site, nor will it affect drainage to or from adjacent properties. Erosion and siltation issues are addressed in previous discussions, and erosion and siltation will be controlled by mitigation measure 3b. Substantially alter the existing drainage pattern of the site or area that could cause flooding on. or off-site: As previously described, the project will not alter the existing site or area drainage system. It will increase runoff as a result of increasing the impervious surface on the project site. However, the City imposes standard mitigation to detain incremental surface runoff on the property to ensure that the stormwater runoff volume from the developed site is not increased from development. With implementation of the City's mandatory mitigation measure (detention of stormwater flows in excess of existing site runoff), no adverse impacts due to increased discharge of stormwater from the site are forecast to affect downstream properties. Create or contribute runoff water which could exceed the capacity of existing or planned drainage systems or generate substantial addition polluted runoff: As previously described, the project will not alter the existing site or area drainage system. It will increase runoff as a result of increasing the impervious surface on the project site. However, the City imposes standard mitigation to detain incremental surface runoff on the property to ensure that the stormwater runoff volume from the developed site is not increased from development. With implementation of the City's mandatory mitigation measure (detention of stormwater flows in excess of existing site runoff), no adverse impacts due to increased discharge of stormwater from the site are forecast to affect downstream properties. Implementation of mitigation measure 3b will control the potential for the project site and activities to generate substantial pollution that could degrade water quality. Otherwise substantially degrade water quality: The uses proposed for this site do not generate wastewater, other than domestic, which would require treatment or waste discharge requirements. Stormwater runoff from the site must be controlled as outlined under mitigation measure 3b. Domestic wastewater will be delivered to the regional treatment plant for treatment under waste discharge requirements established by the San Diego Regional Water Quality Control Board. As noted above, during construction and occupancy, -12- I I I implementation of BMPs as outlined in Supplement A of the Santa Margarita Watershed DAMP will be implemented which will control non-point sources of stormwater pollution to a level of nonsignificance. See mitigation measure 3b. Findinas: With implementation of the referenced measures, no substantial degradation of water quality is forecast to occur by implementing the proposed project. g. Place housIng withIn a 100-year flood hazard area: Facts: The project site is located on the valley floor, and the eastern portion of the site is located in the vicinity of the identified 100-year flood hazard area for Murrieta Creek. The potential for exposure to significant flood hazards will require mitigation to prevent residents and structures from being exposed to significant flood hazards. 4.g-1 That port/on of the BIte within the 100-year «ood hazard area shall iHI elevated by approximately two fHt, or at least one foot above the 10tJ-fIood elavatlon on the property. The Federal Emergency Management Agency (FEMA) FIRM map shall iHI ravlHd to reflect the removal of the project alte from the hazard mapa after the alte elevation la modl«ed by project grading. Findina: With the change in the project required by this mitigation measures, the proposed project will not result in placing housing or structures within the 100-year flood hazard area. h. Place structures within the 100-year flood hazard area that would Impede or redirect flood flows: Facts: The project site is located on the valley floor and the elevation of the project site places it far enough above the 1 OO-year flood hazard area to eliminate a potential to impede or redirect flood flows.. Findinas: The project does not have any significant potential to impede or redirect flood flows. The Murrieta Creek channel will continue to carry the 100-year flood flows from the project site and upstream area without significant impact downstream. Also, see preceding discussion. i. Expose people or structures to significant risk from flooding related to failure of a dam or levee: Facts: The eastern portion of the project site is shown on Figure 7-4 of the Temecula General Plan to be within an area exposed to inundation from a dam failure at Lake Skinner, which is located in the upper portion of the Santa Gertrudis Creek, a tributary of Murrieta Creek. The project site is also exposed to the dam inundation area from failure of the Diamond Valley Lake dams, which would flow down Warm Springs Creek to Murrieta Creek and the project site. Findina: The potential for this hazard to affect the site is considered low enough that the City does not require setbacks from the shallow flows that would reach this site from the dams which are more than ten miles from the project site. The City has implemented a multi-hazard functional plan pursuant to the California Emergency -13- I I I Services Act. The proposed project does not contain any critical or essential facilities; therefore, no mitigation is required for this site. J. Inundation by seiche, tsunami or mudflow: Facts: There are no nearby water bodies that could cause inundation due to seiche, tsunami or mudflows. Please refer to the discussion in 4.1 above which addresses the potential for surface water damage due to potential dam inundation. Findina: No impact is forecast and no mitigation is required. 5. AIr Quality a. Conflict with or obstruct Implementation of the applicable air quality plan: Facts: The proposed project incorporates 280 new residential units which has been evaluated (See Section 2, Population and Housing) as being consistent with City's General Plan which has been integrated into SCAG's Regional Comprehensive Plan and Guide (RCPG) and the SCAQMD Air Quality Management Plan (AQMP). The analysis in the population section of this document indicates that the total number of residential units permitted within the City will not be increased in the aggregate due to development at lower than maximum densities within the City. Findinas: Development of the project site will not conflict with any applicable air quality plan, such as the 2003 Air Quality Management Plan and the most recent Regional Comprehensive Plan and Guide. e. Create objectionable odors affecting a substantial number of people: Facts: None of the activities at the project site have a potential to generate significant odors or create substantial odor concentrations that could harm sensitive receptors. The project site is located near two wastewater treatment plants which can generate odors during upset events. The Rancho California WWTP is located immediately north of the project site and the Eastern Municipal WWTP is located about 1/4 mile to the south of the project site. Findinas: Since negative odor generation is a random event and not continuous, no significant adverse odor impacts are forecast to impact the future uses on the project site. 6. Transportation (Traffic c. Change air traffic patterns such that a substantial safety risk Is created: Facts: The project site is not located near any airport. Findinas: Therefore, the proposed project has no potential to adversely impact any air traffic patterns. -14- I I I d. Substantially Increase hazards due to project design features or Incompatible uses: Facts: Based on a review of the proposed project circulation system improvements described in the project description, no roadway hazards will be created by implementing the proposed project. Findinas: Therefore, the proposed project cannot substantially increase traffic hazards. e. Result In Inadequate emergency access: Facts: Emergency access to the project site will be facilitated with the proposed extension of the Diaz Road paved road section to the City of Temecula/Murrieta boundary and the construction of the two adjacent roadways, Cherry and Dendy. Findinas: Since the roadways will be installed prior to occupying the project facilities, no potential exists to adversely impact emergency access to the project area. f. Result In Inadequate parking capacity: Facts: Adequate onsite parking will be provided through a combination of parking structure(s) and parking lots, as required. A total of approximately 1,530 parking spaces and garages will be provided to meet the City's Development Code parking requirements. Findinas: Therefore, the proposed project will not result in inadequate perking capacity. g. Conflict with adopted policies, plans or programs supporting alternative transportation: Facts: The project will be conditioned to provide alternative transportation facilities, bike and mass transit facilities, consistent with the road improvements serving the project site. Also, please refer to the discussion in Chapter 2 which responds to the RTA comment letter on the Notice of Preparation. Findinas: No conflict or adverse impact to adopted alternative transportation policies, plans or programs is forecast to occur from implementing the proposed project. 7. Biological Resources a. Have a substantial direct and Indirect adverse effect on any sensitive species Identified by the Fish and Wildlife Service and Department of Fish and Game: ~ The general biological survey conducted by Tom Dodson & Associates indicates that the project site is a completely unvegetated, heavily disturbed parcel of land. A single, large eucalyptus tree is located on the parcel according to the report accompanying site photographs. -15- I I I Findinas: No suitable habitat for any state or federally listed Threatened or Endangered species was found on the project site. No threatened or endangered species, including no Quino checkerspot butterflies (QCB), no Stephen's kangaroo rat (Dipodomys stephens/) and no California gnatcatchers (CAGN) were identified on the property. The project site is located within the Riverside County HCP for the Stephen's kangaroo rat (Dipodomys stephens/) and the project will be required to contribute $500 per acre to the HCP fund to address general impacts from urbanization in southwestern Riverside County. No significant biological resource impacts are forecast to occur. b-c. Significantly effect Identified riparian or other sensitive natural plant communities or adversely effect federaiiy protected wetlands: Facts: According to the jurisdictional delineation conducted by Tom Dodson & Associates, no riparian or wetland resources occur on the project site. Findinas: Therefore, development of the proposed project can not adversely impact such resources. d. Substantially Interfere with movement of fish or wildlife species, a migratory wildlife corridor or wildlife nursery site: Facts: The project site is generally located north of industrial warehousing development, south of the wastewater treatment plant, west of Murrieta Creek and east of the Santa Rosa Plateau. Immediate surrounding land uses are disturbed, annual grasslands to the east, west and north and industrial development to the south. The site has extremely limited habitat value as it is currently heavily impacted by off- road vehicle and rodeo recreational uses. Findinas: As such, this site's development has very low potential to adversely impact wildlife movement. e. Conflict with local policies or ordinances protecting biological resources: Facts: There is a single eucalyptus tree with a diameter at breast height greater than six inches on the site. Since this tree is a non-native and not locally significant, the developer is not required to obtain such a permit and no mitigation is required. Findinas f. The only local policy or ordinance that might apply to biological resources on this site is the local tree ordinance, and because the only tree is non-native, the ordinance does not apply. Conflict with provisions of an adopted conservation plan: Facts: The project would comply with the SKR Habitat Conservation Plan by paying mitigation fees. At the writing of this initial study, the Riverside County Transportation and Lend Management Agency (TLMA) has completed a Draft Western Riverside County Multi-Species Habitat Conservation Plan (MSHCP). The draft plan shows a proposed constrained wildlife linkage adjacent to the subject project site along Murrieta Creek. The plan identifies proposed constrained -16- I I I linkages as a constricted linkage where options are limited because of existing patterns of land use. Murrieta Creek is not depicted on the map of the linkages, but its location and potential to serve as a linkage are consistent with identifying the Creek area as a linkage. The City of Temecula is in the process of developing a trail system along the Murrieta Creek in conjunction with the City of Murrieta that further supports establishing the creek easement as a linkage. Findinos: Development of the proposed project does not conflict with the provisions of any habitat conservation plan. The project as proposed would also not conflict with the establishment of a habitat linkage along Murrieta Creek. 8. Mineral Resources a. Result in the loss of availability of a known mineral resource: Facts: There are no mineral resource designations nor any known mineral resources on this project site. The General Plan, page 5-20, indicates that the area within the City's boundaries, including the project site, have been assigned a zoning classification of MRZ-3 by the State Geologist ("Mineral Land Classification of the Temescal Valley Area, Riverside County, California, Special Report 165"). The MRZ-3 classification is a designation indicating that sedimentary deposits occur in the area but these areas do not contain sand and gravel deposits of significant economic value based on the available data. Findinos: Based on the available data, no mineral resources occur on the project site and the project will not affect the availability of any known mineral resource. b. Result in the loss of availability of a locally Important mineral resources recovery site: Facts: Development of the site has no potential to lose access to known and available mineral resources since none are known to occur on the project site, nor is access required across the site to such resources. Findinos: Based on the available data, no mineral resources of local importance occur on the project site and the project will not affect the. availability of any known local mineral resources. 9. Hazards and Hazardous Materials a. Create significant hazard to the public or the environment through routine transportation, use, or disposai of hazardous materials: Facts: The proposed project will consist of education, retail, office and residential uses that do not involve any potential for routine transport or use of hazardous materials or routine generation of hazardous wastes. Findinos: Therefore, the proposed project cannot create a significant hazard to the public or the environment through its implementation. -17- I I I b. Create a significant hszsrd to the public or environment through reasonably foreseeable upset and accident conditions through release of hszsrdous materials to the environment: Facts: Adjacent industrial uses include light industrial warehouses and the Rancho California WWTP. and based on the type of uses on adjacent properties, little or no potential exists for accidental releases to the environment. The project will result in a less than significant impact due to risk of explosion, or the release of any hazardous substances in the event of accident or upset conditions on the project site. Further, during construction a potential exists to either discover contaminated soil or to accidentally release contaminated soil. Specific, mitigation measures have been identified to address these random accidental exposures or releases. 5.4-1 The developer shall retain en on-csll Industrlel hygiene firm that will respond Immed/ataly to any discovery of soli contamlnaUon during gredlng to determine the nature of the contamlnaUon. Before proceeding with sits development, any discovered contamlnaUon shall be treated or removed from the area with residual soil concentrations being reduced to the regulatory thresholds In place at the Ume of construcUon. The contamlrllltMI mJltarial shall be managed In a mannar that dON not expotltl employ..s or other humJIns to significant health hllZJ//rds and shall be either lr8atMI or removed from the site so that It no longer poses any hllZJ//rd. 5.4-2 If an accldBntal spill OCCUI'8 during construcUon, the developer shall halt construcUon In the area of contamlnsUon; limit the area of contemlnaUon to tha mJlxlmum extent feasible; collect all contaminated soil at the site to either beckground levels of contemlnaUon or to the appropriate regulatory standJIrd of allowed contemlnatlon; Ir8nsport the material to a licensed treatment or disposal fecillty. Findinas: Since no significant quantities of hazardous materials will be used or hazardous wastes generated on the site, no potential exists for significant impacts to the environment from upset or accidental release conditions from long-term onsite operations. During construction the implementation of the mitigation measures outlined above will be sufficient to ensure that hazards from discovery or release of contaminants can prevent exposure of the environment or people to significant health risk. c. Emit hszsrdous emission or handle hazardous materials or substances within 1/4 mile of a proposed school: Facts: The proposed project will result in the location of a health risk sensitive use in an area that stores and uses chemicals which can create a health risk hazard under accidental release conditions. The potential for a significant accidental release to the environment is considered low because the facilities have been designed and are managed to minimize such releases and potential fire hazards. However, the risk of exposure is an unavoidable adverse impact that must be mitigated by measure 5.4-3 (above) to ensure that evacuation from the site can proceed quickly enough to be protective of human health. This measure reads: -18- I I I 5.4.;l Prior to occupancy /he developer 8hall 8ubmlt 8n ev8cuetlon plen for the rem«:ule EduClltlon Complex (TEC) to /he CIty FIre Department for review end epprove/. Th/8 e""cuetlon pIon 8halllnclude provIsIons for relocstlng the occupante of /he o/re to e ute 10000tion at an epproprlete dl8tence from en eccldentlll rele8... The perfortnllnce 8tendard to be echleved by /he TEC ewcuetlon pion will be to Include 0 response time for Inltltltlng relocstlon withIn two mlnuteo followIng notice to /he occupante to evecuste end e meen8 of Infonnlng the occupante (8uch es en Blann oystem). Ona/te managa,. ahell be available to dIrect occupants away from the accldentsl release In accordance with the avacuatlon plan. Findinas: With implementation of the mitigation measure 5.4-3, the potential exposure to hazards will be reduced to a less than significant level of impact. d. Located on a site which Is Included on a list of hazardous materials sites, and would create a significant hazard to the public or envIronment: Facts: The project site is not identified as a contaminated site under Government Code Section 65962.5. Findinas: With no contaminated site, the proposed project can not create a significant hazard to the public or environment. e. For a project located within an airport land use plan would the project result In a safety hazard for people residing or workIng In the project area: Facts: Findina: The project site is not near any airport or private air strip. Therefore, it has no potential to adversely impact airport operations or be impacted by such operations. f. For a project located near a private airstrip within an airport land use plan would the project result In a sefety hazard for people resIding or workIng In the project area: Facts: The project site is not near any airport or private air strip. Findinas: Therefore, it has no potential to adversely impact airstrip operations or be impacted by such operations. g. Impair Implementation of or physIcally Interfere with an adopted emergency response plan or emergency evacuation plan: Facts: The site is located at the end of an existing road at the City's northern boundary. New roads will provide adequate emergency access to the site and no specific City emergency response plan or evacuation plan affects the project area. Findinas: The project site has no potential to modify or adversely affect an adopted emergency response plan or evacuation plan. -19- I I I h. Expose people or structures to a significant risk or loss, from wildland fire hBZBrds: Facts: The project site does not contain any wildland fire hazard onsite based on a lack of any vegetation to create a fuel load. In addition, due to the surrounding urban development this fire hazard is not considered significant. Findinas: Based on the lack of fuel load, the project will not expose people or structures to significant wildland fire hazards. 10. Noise a. Expose people to severe noise levels In excess of standards: Facts: A 65 CNEL (Community Noise Equivalent Level) has been adopted as the maximum exterior noise level acceptable for type of uses in the project area. Background noise levels in this area are expected to be below the 55 dBA CNEL level because little or no traffic occurs in the project area and no stationary sources of noise presently occur in the immediate project area. In the short-term, construction activities will be the only source of noise at the project site. Routine construction activities are loud, rising to 90 dBA over short periods, but by implementing standard mitigation during construction (outlined below), construction noise impacts can be controlled so they do not present a significant or severe noise impact. If piles must be installed as part of foundations for the taller structures proposed on the project site, then severe noise will be generated that could adversely impact construction employees and nearby industrial uses. Mitigation for this severe noise shall include the following: 10.a-1 All severe noise generation (noise sources above 90 dBA) ahall be restricted to daylight hours between 7 a.m. and 6 p.m when Urere are occupied dwelling units wlUrln 1/4 mile of site construction. 10.a-2 All occupied properties within 800 feet of the project site (Uris represents Ure point where 30 dBA of noise attenuation will occur) shall be notified of Ure severe noise generating activity (such as pile driving) and e noise complalntlresponse program established. If complaints are received, noise bafflers shall be Installed between Ure noise source and the receptor to reduce noise to an level. 10.a-3 If pile driving or comparable nolselvlbration activities will occur during construction, businesses within 1/4 mile will be notified of Uris activity prior to Inltisting such construction activity. Once the project site is occupied, the activities will include new traffic, educational activities, an outdoor amphitheater, residential, retail and office uses. None of these activities, except possibly the use of the outdoor amphitheater for concerts, consists of activities that could generate severe noise levels that would impact existing or future residential uses. In the event that outdoor concerts are held at the amphitheater, the noise levels shall be controlled and mitigated in the following manner. -20- I I I 10.a-4 No/aa lava/a during concerta ahall be controllad such that lira /JØ/III/at 88IIa/tlve no/aa receptor fa not expoaad to continuous no/aa levels of 65 dBA during a concert and translant no/aa levels at !he receptor shall not exCiHld 80 dBA, which with an assumad 20 dB altønuatlon In a al1VctulI/ will not exCiHld the 60 dBA exterior thl88hold eslabllahød by the CIty for aan8ltlve uaas. Findinas: With implementation of the above measures, the potential for exposing sensitive uses, such as future residential uses on the campus, to severe noise levels will be controlled to a less than significant level of impact. b. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels: Facts: If pile driving activities are required to support structures, a potential exists to expose employees of adjacent businesses to excessive ground borne vibration and/or ground borne noise levels. Pile driving activities do not cause significant groundborne vibration or noise levels, but mitigation is required to prevent such vibration or noise from causing harm to persons. The following measure will be implemented: 10.a-3 If pile driving or comparable nolselvlbratlon actIvities will occur during construction, bua/n8888a within 1/4 mila will be notlf/ad of this activity prior to Inll/atlng such consl1Vcl/on acl/vlty. Findinas: With implementation of the above measure the potential for exposing people to significant groundborne vibration or noise will be controlled to a less than significant level of impact. c. Substantial permanent Increase In ambient noise levels In the project vicinity above ambient levels: Facts: Once the project site is occupied, the activities will include new traffic, educational activities, an outdoor amphitheater, residential, retail and office uses. None of these activities, except possibly the use of the outdoor amphitheater for concerts, consists of activities that could generate severe noise levels that would impact existing or future residential uses. In the event that outdoor concerts are held at the amphitheater, the noise levels shall be controlled and mitigated in the following manner. 10.a-4 Noise levels during concerta shall be controllad such lIrat lire neall/st aaMll/ve no/aa II/ceptor la not exposed to conl/nuoua no/aa levels of 65 dBA during. concert and traM/ent no/aa levels at !he receptor shall not exCiHld 80 dBA, which wllIr an assumad 20 dB altønual/on In a sl1Vctull/ will not exCiHld the 60 dBA exterior thll/shold eslabllshed by the City for sensll/ve uaas. Findinas: With implementation of the above measure the potential for permanent significant noise effects from project implementation can be controlled to a less than significant level. d. Substantial temporary or periodic Increase In ambient noise levels above ambient noise levels: -21- I I I Facts: During construction, noise levels will be associated with construction equipment and activity during grading and construction of individual structures. The greatest potential for conflict between noise sensitive uses and construction activities will occur after the residential uses are constructed on the project site and new building construction activity is initiated. The following mitigation measures (including measures 10.a-1 and 10.a-2) will be implemented during construction to reduce potentially significant noise impacts to a level of nonsignificence. 10.11-1 Construction shell be limited to the hours of 7 s.m. to 7 p.m. on Mondsy through Friday, end betwsen 9 s.m. to 6 p.m. on Ssturdsy, end shsll be prohibited on Sundsva end federsl holldsys, except In emergencies, for phases that follow construction and occupation of the onsllB resldantlsl unlIB. 10.11-2 Utilize construction methods or equipment that will provide tha lowest level of noise Impac~ I.e., use newer equipment that will genersIB lower noise levels. 10.b-3 All construction vehicles and fixed or mobile equipment shall be equipped with properly operstlng and ma/nIBlned mufflers or sound attenuation devices, as speclfled In regulations st the time of construction. 10.b-4 Schedule the construction such that the abso/ulB minimum number of equipment would be operstlngat the seme time. Current background noise levels are relatively low due to the lack of overall human activity at this site, except, of course, during off-road vehicle and rodeo events. The low level of traffic projected for this area (ultimate trip generation is 10,435 trips by year 2010) and the type of activities (educational, residential, commercial, and office uses) do not consist of activities that could cause significant noise levels. However, the level of noise associated with the occupancy of the site will increase and periodically, amphitheater uses may cause higher levels of noise. The sensitive uses of the site, educational and residential, could periodically be exposed to significant background noise levels, including transient noise associated with music concerts. To protect these onsite sensitive uses from unacceptable levels of noise, the following mitigation shall be implemented. 10.b-6 The residential and educational buildings shall be constructed with addltlonsl noise attenuation features, Including more Insulation, better sound attenuation walls and double paned windows or equivalent. The educational and building design shall Include Bufflc/ent noise attenuation featurea to reduce nol.e levels within occupiable rooms to Ie.. than the 60 dBA noise threshold. Findinas: With implementation of the above measures, no significant adverse temporary or periodic noise impacts will result from implementing the proposed project. e. Would the project expose people to excessive noise levels from airport operations: Facts: The project site is not located near an airport. Findinas: Therefore, it has no potential to be exposed to significant airport operation noise impacts. f. Would the project expose people to excessive noise levels from private airstrip operations: -22- I I I Facts: The project site is not located near a private airstrip. Findinas: Therefore, it has no potential to be exposed to significant airstrip operation noise impacts. 11. Public Services a. Would the proposal have an effect upon or result In the need for new or altered fire protection servIces: Facts: Development currently extends to the southern boundary of the -31.1-acre project site. All utilities and services are already available at the project site. The development of the proposed land uses, consisting of educational, residential, commercial, office and recreational activities, will result in a small incremental increase for public services, including fire protection services. Based on a review of the GPEIR, the City's fire protection impacts from developing the proposed project can be mitigated to below a significant level by implementing mitigation identified in that document. These measures include: Fire Service, Measures 1 and 2. In addition the payment of Development Impact Fees will further reduce the impacts to the above listed services to a level of nonsignificant impact. Findinas: With implementation of these measures, the proposed project can be implemented without causing or contributing to a significant cumulative fire protection services impact. b. Would the proposal have an effect upon or result In the need for new or altered law enforcement services: Facts: Development currently extends to the southern boundary of the -31.1-acre project site. All utilities and services are already available at the project site. The development of the proposed land uses, consisting of educational, residential, commercial, office and recreational activities, will result in a small incremental increase for public services, including law enforcement services. Based on a review of the GPEIR, the City's law enforcement service impacts from developing the proposed project can be mitigated to below a significant level by implementing mitigation identified in that document. These measures include: Police Service, Measures 1-4. In addition the payment of Development Impact Fees will further reduce the impacts to the above listed services to a level of nonsignificant impact. Findinas: With implementation of these measures, the proposed project can be implemented without causing or contributing to a significant cumulative law enforcement services impact. c. Would the proposal have an effect upon or result In the need for new or altered school capacIty: Facts: Development currently extends to the southern boundary of the -31.1-acre project site. All utilities and services are already available at the project site. The -23- I I I development of the proposed land uses, consisting of educational, residential, commercial, office and recreational activities, will result in a limited incremental demand for school capacity (280 multi-family units). Based on a review of the GPEIR, the City's impacts on schools from build out of the City can be mitigated to below a significant level by implementing mitigation identified in that document. These measures include: Education, Measures 1-6. In addition the payment of mandatory school impact fees will further reduce the impacts to the above listed services to a level of nonsignificant impact. Findinas: With implementation of these measures, the proposed project can be implemented without causing or contributing to a significant cumulative school capacity impact. d. Would the proposel have an effect upon or result In the need for new or altered park and recreation services: Facts: Development currently extends to the southern boundary of the -31.1-acre project site. All utilities and services are already available at the project site. The development of the proposed land uses, consisting of educational, residential, commercial, office and recreational activities, will result in a small incremental increase for public services, including park and recreation services. Based on a review of the GPEIR, the City's park and recreation service impacts from developing the proposed project can be mitigated to below a significant level by implementing mitigation identified in that document. These measures include: Park and Recreation Service Measures 1-8. In addition the payment of Development Impact Fees will further reduce the impacts to the above listed services to a level of nonsignificant impact. Findinas: With implementation of these measures, the proposed project can be implemented without causing or contributing to a significant demand for park and recreation impact. e. Would the proposal have an effect upon or result In the need for new or altered public facilities not already addressed: Facts: No impact on any other public facilities or services was identified from project imple- mentation. Findinas: With no other public facilities or services impacted, no adverse impact can occur. 12. Utilities and Service Systems a. Would the project exceed wastewater treatment requirements: Facts: The proposed project will generate and deliver wastewater to the regional wastewater reclamation facility (RWRF) in Temecula Valley. The facility is operated by Eastern Municipal Water District (EMWD) and it is located just south of the project site. The facility currently has a secondary treatment capacity of 8 million gallons per day (mgd) and a tertiary treatment capacity of 10 mgd. The residential wastewater generation is estimated to be 250 gallons per day per unit (Equivalent -24- I I 1 Findinas: b. Facts: Findinas: c. Facts: Dwelling Unit, EDU) for a total generation of 73,750 gpd. The commercial, industrial and educational uses will generate about 10 EDU of wastewater flow per acre. Assuming 30 acres of this type of use, this is equivalent to 300 EDU, or 75,000 gpd. Total estimated volume of wastewater from this proposed project is 148,750 gpd. The EVWD RWRF is designed to be expanded incrementally up to between 49 and 54 gpd of treatment capacity per day. Expansions are funded by connection fees and expansions are planned and installed with sufficient capacity to ensure no deficit of treatment capacity will occur. Since the facility has adequate capacity at the present and since the project will have to pay standard connection fees, no potential for significant impact to the RWRF is forecast to result from project implementation. Therefore, the proposed project is not forecast to cause a violation of wastewater treatment requirements, either directly or indirectly. Require construction of new water or wastewater treatment facilities or expansion of existing facilities, which could result In significant Impacts: According to the GPEIR, adequate capacity exists within the Rancho California Water District (RCWD) water supply system to provide water supply capacity for the build-out development within its service area of the City of Temecula. The RCWD delivers water to customers from existing groundwater wells, imported water supplies and recycled water (for non-potable purposes). The District's 1997 "Water Facilities Master Plan Update" indicates that additional water supply sources are being implemented to meet the future forecast water demand within its service area of 114,000 acre-feet per year. In a recent evaluation of ability to supply water to other commercial projects (Redhawk Town Center Subsequent EIR), RCWD indicated that it could meet near and mid-term water demands as required under recent state legislation for growth within its service area. The proposed project is forecast to create a demand for 177,000 gpd for residential uses (600 gpdlunit) and based on a water duty of about 2,500 gpd per acre for the approximate 30 acres of commercial, educational and office uses (Table 4-4 of the Plan Update), the remainder of the site will use about 75,000 gpd. Total water consumption is estimated to be up to 252,000 gpd. Based on the data available, the proposed project will not cause a significant adverse impact on the water supply system, including any need to expand the existing water treatment, storage and delivery system. Other than mandated requirements for low water consuming fixtures in buildings and a landscape design that minimizes water consumption, there are no mitigation measures that need to be implemented to minimize site development consumption of water in the future. Require construction of new stormwater drainage facilities or expansion of existing facilities which could cause significant environmental effects: The site already drains to the existing regional stormwater system which is across the street. -25- I I 1 Findinas: The connection of this site to the local collection and regional stormwater system will not cause the need to expand this facility based on detention of storm runoff so future volume of flow from the site does not exceed the current maximum flows. d. Have sufficient water supplies available from existing sources or require acqulslton of expanded entitlements: Facts: The volume of water required to serve the project site is identified under issue 12.b above. Adequate water supplies have been identified by the RCWD to meet the City of Temecula's current and immediate future demands, including the proposed project. This finding is based on data contained in the District's 1997 "Water Facilities Master Plan Update" Findinas: Therefore, the proposed proejct will not require new or expanded water entitlements. e. Result In a determination by a wastewater treatment provider that Insufficient capacity exists at the wastewater reclamation facility: Facts: Adequate wastewater treatment capacity has been identified by the EMWD Reclaimed Water Master Plan for the City of Temecula's current and immediate future demands, including the proposed project. Findina: Therefore, the proposed project will not exceed EMWD's treatment capacity and require expansion of the existing plant. f. Be served by a landfill system with adequate capacity: Facts: According to the General Plan and the County Solid Waste Management Plan adequate landfill disposal capacity exists within the regional landfills to meet current and future demands. This is further verified by the County's solid waste management plan. Solid waste mitigation measures identified in the GPEIR (Measures 2 and 3) must be implemented by all projects in the City to meet the City's source reduction requirements. Adequate capacity exists within' the County's solid waste management system to meet the requirements of the proposed project. Findina: g. Comply with federal, state and local statutes and regulations regarding solid waste: Facts: By participating in the City's source reduction and recycling element, the proposed project will comply with all statutes and regulations for management of solid waste. The proposed project does not pose any significant or unique management require- ments. Findina: The project will fully comply with all statutes and regulations regarding solid waste. 13. Aesthetics and Visual Resources -26- I I 1 a. Have a substantial adverse effect on a scenic vista: Facts: The site is located on the valley floor with the backdrop of the Santa Rosa Plateau on the background. All proposed facilities will be installed on the valley floor and no grading, ground disturbance or facilities will extend onto the face of the Plateau's front ridge. The City reviewed the proposed facilities looking at the background setting. The maximum height will be 50+ feet and due to the background front slope of the Santa Rosa Mountains, the new structures will not be skylined against the background sky. In addition, several structures already exist on the lower slopes of the front slope that are 50 to 100 feet above the alluvial terrace where the TEC facilities will be installed. Findinos: Given the already disturbed visual setting with light industrial structures at a height greater than the proposed facilities, the City concluded that the TEC facilities will not cause a substantial change in the visual setting. As a result, no scenic vistas will be adversely impacted at the project location from developing the proposed project based on the lack of intrusion into a scenic vista. b. Substantially damage scenic resources: Facts: The project site has no major scenic resources. The site has one eucalyptus tree, and no rock outcroppings or historic buildings. The project site is not located on a scenic highway. In fact, historic use of this site for off road vehicle and rodeo activities has denuded most of the site and created a chopped up visual setting. Findinos: Because the project must meet City design requirements, including those outlined in the Community Design Element of the General Plan, no adverse damage to any existing scenic resources will result from the project's implementation. c. Substantially degrade the existing visual character or quality of the site and Its surroundings: Facts: As noted in the previous discussions, the project site is highly disturbed and contains a relatively damaged scenic quality in its present condition. The proposed project must be constructed to conform with the City's community design guidelines as referenced above. located adjacent to existing multi-family apartment units. Mitigation is outlined below to ensure that City-wide design guidelines are implemented. 13.c-1 The design of the campus structURIB end open spsess shsll confonn with the Clty-w/de design guidelines and requirements. Findinos: Based on the requirement to meet these design guidelines, the proposed project has no potential to substantially degrade the existing visual character of the site and surroundings. d. Create a new source of substantial light or glare which would adversely affect day or night views of the area: -27- I I I Facts: The proposed project will contain substantial safety night lighting sources consistent with its use for class rooms during the evening, as well as daytime, hours. Like all projects within the area, this project must meet Ordinance 675 requirements of no conflict with the continued use of the Palomar Observatory. Due to the site's location, there is no potential for light or glare to adversely impact any light sensitive areas (residences), nor is there a potential to create light or glare impacts that would adversely impact a major roadway or highway. Findinas: Therefore, the project has no potential to create significant light and glare impacts onsite or impacting the surrounding area and uses. 14. Cultural Resources a. Cause a substantial adverse change In the significance of a historical resource: Facts: A detailed cultural resources study was conducted at the project site and no historical resources were identified as occurring on the project site. Findinas: Therefore, the proposed project has no potential to cause a substantial adverse change in the significance of any historical resource. b. Cause a substantial adverse change In the significance of an archaeological resource: Facts: The project site is considered to be within a portion of a known archaeological site. CA-RIV-237 is one of a few Contact or Late Prehistoric Period, LuiseC.o habitation or village sites which may not have been completely destroyed. Implementation of this project may contribute to the cumulative destruction and alteration of such sites. CA-RIV-237 has, however, undergone substantial adverse change by previous development and this project site occupies a relatively small portion of the known original site. Extensive mitigation, including additional measures identified in com- ments from the Pechanga Tribe, require additional management actions to be implemented prior to ground disturbance, incluiding hand excavation, monitoring of grading, artifact analysis, and documentation of findings has been provided. These measures include: 5.5-1 The City shall require the prolect developer to retain an archaeolOSllcal consultllnt and trIbal monitors to prepare snd Implement a plan for an IntensIve detll recovery operation by hand excavation, artifact analysis and report preparation such that potential Information can be IIIIIIlvaged prior to the stllrt of site grading. 5.5-2 The City shall require the developer to Implement a mitigation plan for cultural resources. The scope and extent of the mitigation plan shall be determined by consultlltlon between City staff, Pechanga Bend of LulseC-o Mlllllll/on Indians representatives, and the archaeologIcal consultent for the prolect. 5.5~ The City shall require that site grading be monitored by s qualified archaeologist. Tribal monitors deslgnsted by the Pechenga Bend of LulseC-o Mission Indians shall also monitor site grading If required by the tribe. The monitors shell have the authority to halt end re/OCl/te construction activities If subsurfaces resources are encountered. Pechsnga Tribal monitors will ba allowed to monitor all archeeolOSllcsl surveys, testa and studies. The resulte of the surveys, teste -28- I I I and/or studhls will be uUlizBd to de"ne whllt aress may require avoldllnce on the 8Ite and the specifics of how any recovered ert/ft cte shllil be manefled with the Tribe, as mutuallysflreed upon by the City and lte technical steff. 5.5-4 Prior to INuance of a flredlnfl permit, the proJect developer shllil enter Into sn Aflree- ment with the Pechsnfla Bend of Lul8eC-o Indians thet sdd_a the treatment and disposition of all cultural resources and human remains thet may be Impacted N a result of this development 5.5-5 The City and site developer afl1'88 to relinquish ownership of all cultursl resources, Includlnfl all archllolOfllcal anlfacte thet ere found on the project site, to the Pechllnfla Bend of Lu/aaOo Indiana for proper trestment end dlsposlUon. 5.5-6 The Pechllnfle Tribe will be allowed to conduct a Phsae I survey of the project area In cooperaUon with the City's qualified archlUlOlOfIlst for the proJect 8Ite. Prior to conducUnfl the survey, the specific Individuals from the Tribe and City will be IdenUfled and a Phsael survey methodoloflY will be mutually afll'Hd upon. " deemed necessary by the Pechanfla TrIbe, the City and lte technical staff, funher Phsae II surveys will be completed prior to INuance of any flradlnfl permit. Any Phaaell survey scUvlUes will be conducted beaad on a mutually aflreed upon survey methodolOflY and It will be funded by the slta developer. Findinas: Implementation of these mitigation measures is considered adequate by the City to mitigate both the individual and cumulative potential loss of information at the project site to a less than significant level. c. Directly or Indirectly destroy a unIque paleontologIcal resources or site or unIque geologic feature. Facts: No unique geologic features occur in this area of the City. Figure 55 of the Draft EIR for the City's General Plan indicates that the potential for buried paleontological resources on the western portion of the project site is high. Due to the potential for such resources to occur on the property, the following mitigation measure will be implemented: 14.c-1 DurinflexcavaUon and hill-alde cutting act/vmes, a qualmed palBontolOfllcal monitor will be present and will have the authority to stop and redirect gradlnfl acUvlUes to evaluate the significance of any pa/eontolOfl/cal resources exposed durlnfl the flradlng activity within the alignment. If ps/eontolOfllcal resources are encountered, adequata funding will be provided to collect, curata and reporl on theae resources to the ensure the values Inherent In the resources are ade- quataly characterized and preserved. Findinas: With implementation of this mitigation measure, no significant loss of paleon- tological resources can occur. d. DIsturb human remains, Including those Interred outside of formal cemeteries: Facts: As a potential village site, the EIR concluded that a potential does exist to disturb human remains during grading of the project site. Such disturbance would be considered a significant impact of the project unless mitigated. Mitigation measure 5.5-4 above identifies specific measures for addressing the discovery of human remains on the project site. In addition, current law requires the Findina: -29- I I I County Coroner to be notified of the discovery of such remains and this requirement will be fulfilled by the project developer. Implementation of these measures, including specific agreements between the Tribe and developer, are deemed sufficient to reduce potential discovery of human remains to a less than significant level of impact. 15. Recreation a. Would the project Increase the use of exIstIng neIghborhood and regIonal parks In a manner that could cause deterIoratIon of such facIlItIes: Facts: There are presently no recreation facilities on the project site, although recreation events (rodeo and motorcycle/tractor activities) are occasionally staged on the property. Onsite recreation amenities will be provided as part of the residential component of the project. The proposed project also includes an amphitheater as part of the project that may be used for recreational purposes. Due to the proposed residential uses, a demand for recreational facilities will be generated by the proposed project. Payment of the recreation component of Development Impact Fee is required for each residential project. These fees will be paid by the proposed project, minus any credits for other onsite recreational facilities. Findinas: Based on the inclusion of the outdoor amphitheater feature as part of the proposed project and payment of fees, the project impact on City recreational facilities is not forecast to increase significantly. Further, based on the size of the residential com- ponent of the proposed project (280 units), the cumulative demand for recreational facilities in the City is not forecast to increase substantially from implementing the proposed project. b. Does the project Include recreatIonal facilitIes whIch mIght have an adverse physIcal effect on the environment. Facts: The only recreational facility being proposed at this time is the ou1door amphitheater. Impacts from its construction and utilization of the amphitheater are examined as part of the overall project. Construction impacts may cause noise and air emissions that require mitigation and over the long-term operations may result in noise impacts that also will require mitigation. Mitigation has been identified under air quality and noise to reduce impacts to a less than significant level. Findinas: With implementation of noise and air quality mitigation measures, the impact from constructing and operating the amphitheater onsite can be reduced to a less than significant level. Based upon the findings presented in the FEIR, the above described environmental issues have been determined by the City to be: (1) adequately addressed in the FEIR; and (2) impacted to a degree deemed by the City to be less than significant with implementation of the mitigation measures. identified above and summarized in the Mitigation Monitoring and Reporting Program. No substantial evidence was subsequently presented to or identified by the City which further modified or otherwise altered the City's less-than-significant impact determination for each of these environmental issues. These changes or alterations have been required in, or -30- I I I incorporated into the project, and they mitigate or avoid the significant environmental effects thereof as identified in the FEIR. These changes or alterations are within the responsibility and jurisdiction of the City of Temecula and such changes have been adopted the City. The City Council further finds that no additional mitigation measures or project changes are required to reduce the potential impacts discussed above to a less than significant level. This concludes the summary of environmental Impacts that were Identified In the FEIR and the Initial Study as nonsignificant Impacts with mitigation related to Implementation of the proposed project. F. SIGNIFICANT UNAVOIDABLE EFFECTS OF THE PROJECT The Temecula City Council finds that despite the incorporation of extensive changes and altera- tions into the proposed project, approving and implementing the Temecula Education Complex Project will allow two impacts to remain unavoidably significant because these impacts cannot be mitigated to a nonsignificant level. These unavoidable significant adverse environmental impacts are air quality and transportation/traffic. For the TEC Project emissions associated with both construction and operations are forecast to exceed the South Coast Air Quality Management District's thresholds of significant for several pollutants. For traffic, a potential short-term cumulative traffic impact will occur at the intersections surrounding the 1- 15/Winchester Road interchange. Substantial improvements are being made in this intersection and ultimately an additional interchange (variously termed Cherry, Date and French Valley) are forecast to mitigate the cumulative circulation system impacts. Regardless, these impacts and the measures identified to minimize them to the extent feasible are summarized below. Thus, the potential for significant effects to occur for this issue would continue to exist regardless of whether or not the project implements the project changes and mitigation measures mandated by the City of Temecula in the FEIR. The potential impact to the above listed resources and existing background conditions were concluded to be significant based on the whole record which demonstrated that this impact could not be reduced below thresholds of significance by the proposed project changes to the TEC Project (alternatives, mitigation measures or design changes). To the extent that future TEC development phases generate the emissions forecast from construction activities and mobile sources, approval of the TEC Project contributes to the significant impacts as described in detail below. Thus, despite the incorporation of changes to the proposed project, air quality and circulation system (traffic) impacts cannot be fully mitigated to a level of insignificance and a statement of overriding consideration is thereby included herein. 5. AIr Quality Significant Unavoidable Impact b. Violate air quality standards or contribute substantially to an existing or projected air quality violation. Facts: Since it is assumed that no overlap occurs between construction phases, the maximum construction emissions are those that occur in each phase. Grading emissions of fugitive dust will not exceed the 150 Ib/day threshold (about 104 Ibslday, mitigated). Using the SCAQMD URBEMIS model, the emission data -31- I indicate that SCAQMD threshold of significance for VOC and NOx will be equaled or exceeded in Phase I and Phase III. During Phase 1 the following maximum daily emissions are forecast to occur: I I -32- I Table 5.2-9 PHASE I CONSTRUCTION EMISSIONS "--- L,"";î;tßì1íí!Þi,¿;i,:....,";j~;;i~~~íÌf~¡;':":~! Carbon Monoxide (CO) Volatile Organic Carbon (VOC) 5 233" Nilrogen Oxide (NOx) Particulate Malter (PM,.) 305" 21 " Exceeds SCAOMD Signilicanca Thresholds. Assuming similar construction schedules and techniques, it is forecast that daily construction emissions for VOC's and NOx will be: Phase 1/ VOC NOx 30 Ibs/day 40 Ibs/day Phase 1/1 VOC NOx 77 Ibs/day 100 Ibs/day I VOC and NOx Phase II emissions will be well below thresholds of significance while Phase III emissions will equal significance thresholds for VOC's and NOx. No exceedance of thresholds are forecast to occur in Phase II. The above construction emission forecast incorporates the following mitigation measures: 5.2-1 The following mitigation measures shall be Implemented throughout construction activities In order to reduce project Impacts. Use appropriate emission control devices on gasoline and diesel construction equipment and malnte/n construction equipment engines by klilflplng them tuned. Prohibit Idling and other unnecessary operetlon of equipment. Utilize existing power sources (I.e., temporary power poles) and avoid on./te power generation. I Have sufficient equipment at the site to carry out dust-contro/lfU///surea In all areas covered by the contract work (not Just the Immediate area of construction). Employ construction activity management technlquea, such as: configuring the construction perldng to minimize traffic Interference; extending thø conatructlon period; reducing the number of pieces of equipment used simultaneously; Increasing thø distance be/wlilfln theemlaslon sources; and reducing or changing the hours of construction; to minimize construction activity emissions. -33- I Mslntllin all work and acce88 areea free from dust Cover loøded truclc8 utlBd In COIU/tnJcUon operaUona with tIIrpøullna or malntllin at leøat 2 feet of frrHI/oød and W88h off trucb leøvlng the altll. S_p strøøtllif silt Is carried over to adJaCtlnt public thoroughfares. Water dust-generatlng aurfacea at Intllrvals to køøp all parts of the disturbed area continuously damp. Watllr the altlland clean the equipment In the morning and evening. ConstrucUon operaUons afføcUng off site roadways shall be scheduled for offpøak trsfflc hours and shall mlnlmlzø obstrucUon of through-traffic lanes. Construction acUvlUes should be scheduled to occur first on the upwind port/on of the project sltll to reduce the potenUal for fuglUve dust Impactllin the downwind areaS. Develop a traffic plan to minimize traffic flow Interfarence from construction activities Including advance public noUce of routing. Use low VOC asphalt and cosUngs. I 5.2-2 The propotlBd project shall submit a plan to control fugitive dust through Implemen- tIIUon of reesonably available dust control measures. It shall be prepared and submitted to the City of Temecula for approval prior to the IssuanCtl of any grading parmltll associated with the project The plan shall specify the fugitive dust control messures to be employed, Including the above messures at a minimum. 5.2-3 The project proponent shall comply with all applicable SCAOMD Rules and RegulaUons. In part/cular, SCAOMD Rule 403 shall be adhered to, Insuring the c/esn up of constructlon-re/atad dirt on approach routlls to the sltll. Rule 403 prohlbltll the re/esse of fuglUve dust emissions from any acUve operaUon, open storage pile, or disturbed surfaCtl area beyond the property line of the emission sourca. Particulate matter deposltll on public roadways are also prohlbltad. 5.24 Adequate watering techniques shall be employed to part/ally mitigate the Impact of constnJctlon-generatad dust particulates. Port/ons of the project site that are under-golng Barth moving operations shall be watered such that a crust will be formed on the ground surface snd then wstered again at the end of the CÚlY. 5.2-5 Any vegetllUve ground cover to be uUllzed onslte shall be plantlld as soon as possible to redUCtl the disturbed sras subject to wind erosion. IrrlgsUon systems nesded to water these plantll shall be Instlliled as soon as possible to ma/ntllin the ground cover and mlnlmlzø wind erosion of the soil. 5.2-6 Any construcUon access roads (other than temporary access roads) shall be paved as soon ss possible and cleaned after esch work day. The maximum vehicle speed limit on unpaved roads shall be 15 mph. I 5.2-7 Grading operaUons shall be suspended during first and second atllge ozone episodes or when winds exceed 25 mph. 5.2-6 Any construcUon equipment using diesel drive Internal combusUon englnss Bhsll use a diesel fwl with a maximum of 0.05 percant sulfur and a four degree retllrd. -34- I 5.2-9 Construction personnel shall be Informed of ride sharing opportunities and an Incentive progrsm shall be Implemented by the contractor. 5.2-10 BuildIng construction shall comply wIth tha energy UN guIdelines In TltJe24 oftha CalifornIa AdmInIstration Code. 5.2-11 Where vehIcles leave the construction slla and enter adJacent public atreets, the atreets shall be swept dally or washed down at tha end of the work day to remove aoll tracked onto the paved surface. 5.2-12 All dlese/-powered vehicles and equipment shall be operated with the fuel InJection timing retsrded 2 degrees from the manufacturer's recommendation and use high pressure InJectors. 5.2-13 All dlese/-powered vehIcles shall be turned off whan not In use for more than 30 minutes and gasoline - powered equIpment shall be turned off when not In use for more than live minutes. 5.2-14 The construction contractor shall utilize electric or natural gas powered equipment In lieu of gasoline or diesel powered engines, where feasible and where economically competitive. 5.2-15 The construction contractor shall utilize es much as possible precoatedlnatural colored building materials, wster based or low VOC coating, and coating transfer or spray equipment with high transfer efficiency, such as high volume low pressure (HVLP) spray method, or manual coatlnga application such aa paInt brush, hand roller, trowel, spstula, dauber, rag, or sponge. I Table 5.2-12 shows that operationaVoccupancy air emissions for PM,o are below CEQA thresholds, and therefore would not have a significant impact to air quality. However, CO, NOx and VOC emissions would be higher than CEQA thresholds during operation of the project, and are therefore potentially significant. Table 5.2-12 TOTAL MITIGATED OPERATIONAL EMISSIONS FROM TEC PROPERTY 'P,oIlÌìtâÍlt Carbon Monoxide (CO) Volatile Organic Carbon (VOC) Nitrogen Oxide (NOx) 638.4" 75.2" 550 55 76.6" Particulate Matter (PM,.) 28 55 150 , Sum 01 the emissions from Table 5.2-9, Table 5.2-10, and Table 5.2-11. .. Data exceeds the threshold. The following mitigation measures will be implemented to reduce operational emissions. I 5.2-16 The following measures shall be Implemented In order to reduce the proJect operational Impacts. The percent reduction for esch measure Is provIded. OrIent building to NorthlSouth direction to reduce the energy usage. -35- 35% I I I Findino: Trip t8ducUon by good tl'/Inølt Infrastructure measures. Trip t8ducUon by pedÐstr/sn snluJnclnglnfrastructure msssures for res/denUsl snd non-resldenUs/. Trip t8ducUon by bicycle snluJnc/nglnfrastructure measures for resldenu.lsnd non-res/denu.l. 7% Provide tl'/Inslt shelters benches. 2% The majority of the operational emissions are associated with mobile sources. Four of the five identified mitigation measures are trip reduction measures, which will reduce the emissions of all pollutants associated with mobile sources. These measures are estimated to have a combined effectiveness of 35 percent reduction in trips and resulting emissions. The first measure will reduce energy consumption associated with heating and cooling. All identified mitigation measures will be applied to the proposed project. As shown on Table 5.2-10, even with mitigation, CO, VOC and NOx mobile source emissions remain significant. Mitigated operational emissions for this development are shown on Table 5.2-11. After implementing the above mitigation measures, both construction and operational air quality emissions cannot be reduced to a level of insignificance when compared to the SCAQMD Handbook emission thresholds. 15% 2% c. Result In a cumulatively consIderable net Increase of any criterIa pollutant for whIch the project regIon Is non-attainment under an applicable federal or state ambient air quality standard: Facts: Please refer to issue 5.b above for the detailed facts about the emissions of criteria pollutants which exceed thresholds. NOx and VOC emissions contribute to ozone and particulate non-attainment. CO and NOx emissions do not contribute to violations of either of these criteria pollutants. CO concentrations are a function of the number of vehicles, length of time they are idling, and the background or ambient CO concentrations. The nearest SCAQMD air quality monitoring station to the project site that monitors CO is the Lake Elsinore Station (4158). Data provided on Table 5.2-1 of this EIR reveals that the highest 1-hour concentration measured in 2002 was 3 parts per million (ppm). The standards are >35 ppm federal and >20 ppm state. The maximum 8-hour CO concentration was 2 ppm. The closest approximation for road type is the local (several hundred vehicles during the peak hour) and the maximum 1-hour CO concentration is 1.2. Thus, the screening technique indicates that the project plus background would be 4.2 ppm, well below the 20 ppm 1-hour standard. Using the highest persistence factor in Chapter 9, page 9-11 of the Handbook, 0.8 (which is consistent with the measured values referenced above), the 8-hour concentration would be 3.4 ppm, well below the 8- hour 9.5 and 9.0 ppm standards, federal and state respectively. Finally, the PM10 emissions during construction also exceed thresholds and contribute to PM10 non- attainment in the South Coast Air Basin. Findinos: After implementing the above mitigation measures, both construction and operational air quality emissions cannot be reduced to a level of insignificance when compared to the SCAQMD Handbook emission thresholds. d. Expose sensItIve receptors to substantIal pollutant concentratIons: -36- I I I Facts: The only pollutant with a potential to affect sensitive receptors are particulates, particularly fugitive dust. Extensive fugitive dust controls (mitigation measures) outlined above reduce dust emissions to a less than significant level. Findina: Based on the air quality data in the FEIR, the proposed project will not expose sensitive receptors to significant pollutant concentrations, directly or indirectly. 6. T r an s po rtatl onIT raffle a. Cause an Increase In traffic which Is substantial In relation to the existing traffic load and capacity of the street system: Facts: A project specific traffic study was prepared for the TEC Project. The following is a summary of the study's conclusions: 1. The project will generate about 10,435 daily vehicle trips at buildout. About 576 vehicle trips will occur in the AM peak hour with about 991 vehicle trips projected to occur within the PM peak hour. The project will contribute to the decline in level of service at the following study area intersections to below LOS "D" if identified roadway improvements are not provided. 2. Diaz Road (NS) at: Winchester Road (EW) Jefferson Avenue (NS) at: Winchester Road (EW) 1-15 Freeway SB Ramps (NS) at: Winchester Road (EW) 1-15 Freeway NB Ramps (NS) at: Winchester Road (EW) Ynez Road (NS) at: Winchester Road (EW) 3. The project will contribute to the need for traffic signals at the following study area intersections in the Year 2008: Diaz Road (NIS) at: Campus Parkway (EW) Remington Avenue (EW) Zevo Drive (EW) The following are the mitigation measures available to the proposed project to reduce the cumulative traffic impacts that exceed the City's thresholds of significance. -37- I I I 5.3-1 The City shall require tha deva/oper to participate on a fair share basis the InstallaUon of traffic slgllllis at the fol/owlnglntel8BCUolIII whan WIImInted: Dlaz Road. Campus Parlcway Dlaz Road. Remington Avenue Dlaz Road. ZIIvo Drlva 5.3-2 Deva/opmant of tha TEC shal/lnclude provision of an onslte mass transit facility or centsr. This facility shall ba daslgned In consultsUon with the Riverside Transit Authority to pro vida ssfe convan/ent service to the proposed facll/Ues. Findina: The proposed project will contribute to the generation of additional traffic on local and regional roadways. The project, however, is consistent with the land use and density for the site as identified in the City's General Plan and is consistent with the General Plan's circulation element. The City of Temecula, the Western Riverside Council of Government, and the Southern California Association of Governments have developed plans and policies that are intended to guide the type and location of growth in population and traffic. The growth and management programs and policies have been partially developed using the General Plans of local jurisdictions. Development that is compatible with the General Plan is therefore considered consistent with the regional population and traffic growth management programs. Based on projected growth, these agencies have developed plans to control and mitigate regional transportation impacts to acceptable levels. The City of Temecula participated in the regional transportation plans by implementing the goals and policies and requiring that projects provide a fair share contribution to the regional mitigation plan. Compliance with these local and regional plans has been judged adequate to reduce the cumulative impacts to the transportation system to acceptable levels. Thus, over the long term the circulation system is forecast to be adequate to meet the build out trip generation within the City. However, the analysis contained in the TIA determined that available roadway improvements in the study area will be needed either with or without this project. The TIA also determined that even with available mitigation, these roadway improvements will not be adequate to maintain a LOS "D" or better condition at certain study area intersections either with or without the proposed project, in the near term future. The with project evaluation determined that the level of service at certain intersections would decline below the levels identified under the without project alternative. Note that improvements already scheduled may improve the affected intersection sufficiently to avoid a significant impact, but the timing and implementation of these improvements cannot be controlled by the City or the project developer. According to the City of Temecula, the primary roadway improvement that could mitigate congestion at study area intersections is the extension of Cherry Street to the proposed French Valley Parkway Interchange at the 1-15 Freeway. This new roadway would provide an additional crossing of Murrieta Creek and access to the freeway and areas easterly of the freeway, thus relieving congestion on existing roads. However, this roadway is in the planning stages and there is no assurance it will be constructed prior to initiating operations at the TEC Project. -38- I I I b. Thus, the proposed project will make a relatively small but cumulatively significant contribution to the further decline in the level of service at study area intersections. This impact can ultimately be mitigated, but in the short-term a potential for significant circulation impacts is forecast to occur. Exceed, either Individually or cumulatively, a level of servIce standard established for the affected roads or hIghways: Facts: Please refer to the discussion under a above. Findinas: Based on the traffic study compiled for the TEC Project, the proposed project will make a relatively small, but cumulatively significant, contribution to the further decline in the level of service at study area intersections. This impact can ultimately be mitigated, but in the short-term a potential for significant circulation impacts is forecast to occur. The City finds that it is not possible to provide for full implementation of the proposed project without causing the unavoidable adverse impacts summarized above. The City further finds that no additional measures are known that can further reduce the air quality and traffic impacts that will result from implementing the proposed project. Therefore, the City concludes that the proposed project will contribute to unavoidable, significant adverse air quality and traffic effects if it is implemented. Based upon the findings presented in the Final EIR, the above described environmental issues have been determined by the City to be: (1) adequately addressed in the FEIR; and (2) impacted to a degree deemed by the City to be significant and unavoidable even after implementation of the mitigation measures identified above and summarized in the Mitigation Monitoring and Reporting Program. No substantial evidence was subsequently presented to or identified by the City which further modified or otherwise altered the City's significant and unavoidable impact finding with mitigation determined for each of these environmental issues. This concludes the summary of environmental impacts that were identified In the FEIR and the Initial Study as unavoidable significant adverse Impacts with mitigation related to implementation of the proposed project. G. ALTERNATIVES TO THE PROPOSED ACTION The California Environmental Quality Act (CEQA) requires discussion of reasonable project alternatives that could feasibly attain the project's objectives (14 CCR §15126(d»). CEOA requires that an EIR evaluate a reasonable range of alternatives to the project, or to the location of the project that: (1) offers substantial environmental advantages over the proposed project, and (2) may be feasibly accomplished in a successful manner and within a reasonable period of time considering the economic, environmental, legal, social, and technological factors involved. The basic objective of the TEC Project is to provide facilities to consolidate post-secondary education for the Murrieta- Temecula region. Under present conditions post-secondary education is provided at a variety of facilities in the region, or local students must travel outside -39- I I I the area (to San Marcos, Riverside, Menifee, etc.) to attend classes. By constructing a satellite facility to meet this essential post-secondary educational need, including supporting facilities (such as day care, commercial and residential facilities), the City will create a campus-like environment that will make obtaining post-secondary education easier and better supported in the community. In addition to the higher education objective, the proposed project will also provide affordable housing in the City of Temecula. Presently, no affordable housing exists in the northwesterly portion of the City and this project provides the opportunity to remedy this situation by the provision of 50 such housing units on RDA owned property. Additional objectives are to provide housing and retail opportunities in a portion of the City which is developing without such uses. The TEC will also provide housing, daycare, retail and educational opportunities to people working in the developing northwesterly portion of the City. The objectives identified in the EIR must be fulfilled in order for an alternative to provide a feasible and reasonable alternative to the proposed project. The FEIR for the TEC Project considered two alternatives to the proposed action. These alternatives were defined based on mandatory requirements and alternatives designed to reduce the identified significant impact of the project: historical resources. Based on the project objectives referenced above, neither alternative was considered to be technically feasible and they were rejected from further consideration based on failure to meet the fundamental project objectives. The four alternatives that were subject to comparative evaluation in the FEIR with the proposed action are: 1. 2. 3. 4. No Project Alternative Location Senior Housing Project Government Offices with Affordable Housing Project The purpose in analyzing alternatives to a proposed project is to determine if an alternative is capable of eliminating or reducing potential significant adverse environmental effects, .even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly" (State CEQA Guidelines, Section 15126(d)(3». The following discussion summarizes the FEIR evaluation of each of these alternatives in determining whether they are feasible alternatives to the proposed action (State CEQA Guidelines, Section 15126(d» and whether an alternative can eliminate or substantially lessen significant impacts described in this document for the proposed action. a. No Project Alternative: Under this alternative, the TEC Project would not receive any of the proposed entitlements, such as the Conditional Use Permit, Development Plan, Disposition and Development Agreement. Because there are no approved plans or entitlements for the site, the no project alternative assumes the site is undeveloped and remains in its current condition. If the TEC Project is not developed and higher education activities would continue to occur as they do under current conditions. This means that air emissions related to current and future vehicle trips to existing higher education classes, both in the area and out of the area, would continue to occur. Although not quantifiable, the emissions associated with the same number of students are assumed to be comparable or greater because of the need to drive out of the Murrieta-Temecula region to one of several colleges and universities that would hold classes at the TEC Project site. -40- I I I Regarding traffic impacts, the same number of trips would occur on the regional and local circulation system, but these trips would not be concentrated at the existing Winchester/'-15 interchange and at the future CherrylDatelFrench Valley/l-15 interchange. Retaining the existing higher education situation could reduce the short-term project related circulation impacts, but the cumulative short-term impact is forecast to continue to occur until a new interchange is constructed to serve the project area. The No Project Alternative would also eliminate all construction related impacts and those nonsignificant impacts that would result from the project, including those impacts, such as cultural resources, that require extensive mitigation to achieve a less than significant level of impact. However, the no project alternative would not meet the basic objectives of the City's General Plan (development compatible with the Piland use designation) nor that of the City's Redevelopment Plan and the AGK Group. The RDA's objective are to provide affordable housing and higher educational facilities on the site in the City of Temecula. The AGK Group's objectives are to provide housing and retail and professional facilities within a portion of the City which currently does not have such facilities or services. Because the no project alternative cannot meet any of the basic objectives of the proposed project, it is not considered a feasible alternative to the proposed project. b. Alternative Location: The proposed TEC could theoretically be developed at alternative locations within the City of Temecula. However, the California Supreme Court determined that examination of infeasible alternatives need not be given exhaustive evaluation. The Temecula Education Complex is designed to provide a mixed use development on RDA property that is consistent with the City's General Plan. The project site is the only undeveloped parcel of adequate size owned by the RDA which has the appropriate land use designation. It is not feasible to meet the objectives of the project at another location because no other site of adequate size which is owned by the RDA with the appropriate land use designation exists within the City. Within the context of Section 15126.6(f)(1), the project site is the only vacant site that is owned by the RDA and that meets the general plan consistency for the proposed TEC and the mix of uses proposed. Therefore, the alternative of implementing the proposed project at another location is not considered a reasonable or feasible alternative to the proposed project and will not be given further consideration. c. Senior Housing ProJect: The senior housing only project could meet one but not all of the project objectives. As previously stated, one of the RDA's objectives is to provide housing on this site in compliance with the City's Redevelopment Plan goals. The AGK Group's objectives also includes provision of housing on the site. Section 17.12.030 of the City's Development Code identifies senior housing as a permitted use of the Public Institutional (PI) land use designation subject to approval of a Conditional Use Permit (CUP). Senior housing is a permitted use in the High Density Residential Zoning district of the Land Use Element of the City's General Plan. Section 17.06.050 (H.1 and H.3) of the Development Code allow a maximum density of 30 units per acre for Senior Housing. Therefore, it is possible that about 1,040 senior housing units could be developed on the site. The maximum -41- I I I structure height is 50 feet. While the senior housing project alternative could meet project objectives for housing, it would not provide educational or retail facilities. In terms of eliminating the two identified significant effects of the project, air quality and traffic, a senior housing project would result in the same construction air quality impacts (significant); it would result in about 8,000 vehicle trips per day with operational air emissions still exceeding SCAQMD air quality significance thresholds; and it would still contribute to cumulative significant traffic impacts as forecast for the proposed project. Thus, this alternative will not significantly reduce or eliminate the significant impacts forecast for the proposed project and it will also not fully meet the objectives of the project. This alternative would meet the project objectives of providing housing on the site. However, this alternatives does not satisfy the objectives of providing the non-residential use objectives of the project. The Senior Housing alternative project was rejected from further consideration. d. Government Offices with Affordable HousIng Project: The government offices! affordable housing project would meet one of the ADA's objectives of providing affordable housing in the City of Temecula, but would not meet the objective of providing educational facilities. This alternative would not meet the AGK Group's objectives of providing housing and retail opportunities on the site. Under this alternative, 60 affordable housing units would be constructed on the site. Assuming the housing is developed at less than the maximum density of 30 units per acre, about 5 acres of the site would be utilized. The remaining :t25 acres would be developed as government offices. The City's General Plan identifies floor area ratios (FAA) of 0.4 to 0.7 for Piland uses. This would convert into a potential for between 500,000 to 915,000 gross square feet of floor area on the site. This, however, is considered more floor area than would reasonably be constructed. Therefore, this alternative will evaluate a more likely structure with about 250,000 square feet of floor area. This alternative would cause the same construction air quality impacts due to development of the site for offices and affordable housing. It was estimated that the trip generation from this alternative would be about 30% less than that forecast for the proposed project. Thus, the air quality and traffic impacts would be reduced by a commensurate amount. However, a 30% reduction still causes the air emissions thresholds to be exceeded and the cumulative traffic impacts would still occur, although the project's contribution to this impact would be reduced. The Government Offices With Affordable Housing Alternative would partially, but not fully, meet the project objectives. This alternative will provide affordable housing but no educational facilities. This alternative would not meet the objectives of providing additional housing and retail facilities at the site. Thus, this alternative project is a feasible development project, but it was rejected from further consideration because it does not meet the project's objectives. Based upon the findings presented in the FEIA, the above described alternatives have been determined by the City to represent a reasonable range of alternatives for consideration with the proposed project and to adequately address alternatives in the FEIR. Therefore, the City concurs with the finding in the EIA that the none of the altematives placed before it for consideration can meet the project objectives established in the FEIR. -42- I 1. 1) 2) 3) I 4) 5) 6) 7) 8) 9) I This concludes the summary of alternative that were Identified and considered In the FEIR and the Initial Study. H. PROJECT BENEFITS The benefits from approving the proposed project are related to the provision of affordable housing combined with consolidation of post-secondary education activities in the region at a campus-like location in the City of Temecula. The project benefits outlined below were considered by the City in performing the balancing test with those unavoidable significant adverse environmental impacts presented earlier in this document. Benefits of Implementing the Proposed Project Construction of the TEC Project will inject approximately 75 million dollars into the local economy over the next five years of construction. This will support an estimated 150 construction jobs within the community. Once completed, the TEC Project will create an estimated 150 permanent jobs, with an annual payroll of $5,025,000 per year. The TEC Project will establish a higher education facility in the City of Temecula, which will contribute substantially to the City of Temecula's quality of life. The TEC Project will provide a continuing education/training facility for new and exists employees that will assist in retaining the City's industrial employee base. The TEC Project will provide 50 affordable housing units to assist the City in meeting its housing element requirements. The TEC Project will provide additional retail operations to support the educational facility and surrounding industrial park uses. These retail commercial operations will generate additional, unquantifiable sales tax revenues that will accrue to the City of Temecula. The TEC Project assists the City by redirecting the predominant traffic pattern by placing housing west of Interstate 15. The TEC Project provides additional support for the French Valley interchange and extension west across Murrieta Creek. The TEC Project will consolidate three higher education institutions at one location, creating a better overall higher educational environment for the region's residents. 10) The TEC Project establishes a corporate training facility that can would create a hub for economic development activities in the surrounding industrial parks. 11) The TEC Project will reduce the need to travel to San Marcos, Riverside and other out-of- area locations for students that must currently travel to obtain higher or continuing education. This has secondary benefits, such as a reduction in vehicle miles traveled for -43- I I I local residents and air quality; time savings for individuals; and reduced traffic congestion on freeways. I. OVERRIDING CONSIDERATIONS This section of the findings addresses the requirements in Section 15093 of the California Environmental Quality Act Guidelines. Section 15093 requires the Lead Agency to balance the benefits of the proposed project against its unavoidable significant adverse impacts, and to determine whether the project-related significant impacts can be acceptably overridden by the project benefits when the impactslbenefits are compared and balanced. As outlined in Section F above, the proposed project is forecast to contribu1e to cumulative, unavoidable significant adverse environmental impacts in two environmental categories: air quality and transportation/traffic. The Temecula City Council finds that the previously stated benefits of the proposed project, outlined in Section G above and as will result from implementation of the TEC Project, outweigh the cumulative unavoidable adverse environmental effect to air quality and traffic that has been outlined above. The City needs a centralized educational facility, and the opportunity to combine such a facility with residential, including affordable housing, and other supporting uses is of considerable benefit to the City. Further, the commercial and day care uses will meet needs of industrial employees in an area that is currently under served with retail commercial stores and child care facilities. Thus, the City concludes that the benefits outlined above, that accrue to the community from developing the TEC Project, outweigh the additional air emissions and circulation system effects of the project. The social and economic benefits stated in the previous section are considered sufficient to offset the loss of the existing structures. The City's findings set forth in the preceding sections have identified all of the adverse environmental impacts and feasible mitigation measures which can reduce potential adverse environmental impacts to insignificant levels where feasible, or to the lowest achievable levels where significant unavoidable adverse environmental impacts remain. The findings have also analyzed four alternatives to determine whether they are reasonable or feasible alternatives to the proposed action, or whether these alternatives might reduce or eliminate the significant air quality and traffic impacts of the proposed action. The TEC Project FEIR presents evidence that implementing the proposed project will contribute to significant adverse air quality and traffic impacts which cannot be substantially mitigated to an insignificant level. These significant impacts have been outlined above and presented in detail in the FEIR and the City Council finds that all feasible alternatives and mitigation measures have been adopted or identified for implementation by the City of Temecula and other agencies where appropriate. The City Council finds that the project's benefits are substantial as ou1lined in Section G of this document and that these benefits justify overriding the unavoidable significant adverse impacts associated with the proposed project. This finding is supported by the fact that many of the benefits listed above result in the TEC Project fulfilling a critical role for the City in supporting adequate post-secondary educational opportunities for its work force and providing affordable housing opportunities for its citizens. These are critical societal management responsibilities, which if not properly support, could result in a decline in local employment opportunities and -44- I I I inadequate housing that creates substantial quality-of-life benefits that offset the quality-of-life effects from cumulative air quality and circulation system impacts that may result from implementing the TEC Project. The City Council further finds that the benefits outlined above, when balanced against the unavoidable significant adverse environmental impacts outweighs these impacts because of the environmental, social, and economic benefits which accrue to City of Temecula and the residents in its service area as outlined in Section G of this document. As the CEQA Lead Agency for the proposed action, the City of Temecula has independently reviewed the applicable sections of this document and the TEC Project FEIR, and fully understands the scope of the proposed project. Further, the City Council finds that all potential adverse environmental impacts and all feasible mitigation measures to reduce these impacts have been identified in the FEIR, public comment, and public testimony. These impacts and mitigation measures are discussed in Section D and E and the Council concurs with the facts and findings contained in those sections. The City Council also finds that a reasonable range of alternatives was considered in the FEIR, as summarized in Section F of this document and that no feasible alternatives which substantially lessen project impacts are available for adoption. The City Council concurs with the extensive environmental, economic and societal benefits identified above, which will accrue to the City of Temecula and the population residing within its jurisdiction. The Council has balanced these substantial environmental, social and economic benefits against the unavoidable significant adverse environmental effects of the proposed project. Given that these substantial benefits will support the residents of the City of Temecula as a result of implementing the TEC Project, the City Council hereby finds that the benefits identified herein, collectively and individually, outweigh the unavoidable, cumulative significant adverse air quality and traffic impacts, and hereby override these impacts to obtain the benefits listed in Section G that will result from approval and implementation of the TEC Project. -45- I I I EXHIBIT B MITIGATION MONITORING AND REPORTING PROGRAM 8 March 7, 2004 763760.1 I I I MITIGATION MONITORING AND REPORTING PROGRAM - - - TEMECULA EDUCATION COMPLEX MITIGATION MONITORING AND REPORTING PROGRAM MitIgation Measure . . SoLircé Impieilientatlon Responsible Verification Status I Date I Schedule Party InItIals MITIGATION MEASURES IDENTIFIED IN THE INITIAL STUDY . Geology and Solis 3.a-1 A comprehensive geotechnical investi- Initial Study The geotechnical City of A copy of the study shall gation shall be required prior to engineer- study shall be com- Temecula be retained by the City. ing and design development of structures piled for pertinent Copies of the building identified under Risk Class I & II, e.g., structures for review blueprints incorporating public facilities and residences, as and approval prior to the design requirements identified below: completing the final shall be retained in the design for all struc- project file. Field inspec- Risk Class I & II, Structures Critically tures. tions during construction Needed after Disaster. Structures that . shall verify that the gec- are critically r)eeded after a disaster technical design measures include important utility centers, fire have been installed. Field stations, police stations, emergency inspection notes shall be communication facilities, hospitals, and retained in the project file. critical transportation elements such as : bridges and overpasses and smaller dams. Acceptable Damage: Minor non- structural; facility should remain opera- tional and safe, or be suitable for quick restoration of service. a. Resist minor earthquakes.witl:1out damage; b. Resist moderate earthquakes without structural damage, but with some non-structural damage; or MMRP Table, Page 1 - - - TEMECULA EDUCATION COMPLEX MITIGATION MONITORING AND REPORTING PROGRAM I Mitigation Mea!lure Source Implementation .. Res )onslble Verification Status I Date I . Schedule Party . Initials Geology and Solls:(contlnued) 3.a-1 c. Resist major earthquakes, of the (cont.) intensity or severity of the strongest experienced in Califomia, without collapse, but with some structural, as well as non-structural damage. 3.b-1 The developer shall file a Notice of Intent Initial Study The SWPPP and City of A copy of the approved to obtain coverage under the State con- grading and erosion Temecula SWPPP and grading and struction program pursuant to NPDES, control plan for con- erosion control plan shall prepare a SWPPP for the site, and struction shall be be retained by the City. impil!¡ment BMPs identified in the Santa. submitted for Copies of the construction Margarita Watershed Drainage Area. review and approval blueprints incorporating Management Plan (DAMP). The perform- prior to initiating the erosion control design ance standard that shall be met is to construction. The requirements shall be minimize erosion on the site and release permanent SWPPP retained in the project file. no more than 10% suspended sediment and erosion control Field inspections during from the project site when compared to plan shall besub- construction shall verify present conditions. In addition, during mitted for review that the SWPPP and construction urban pollutants, grease, oil, and approval prior grading and erosion etc. shall be reduced by 80% of concen- constructing struc- control best management trations in stormwater discharges from the tures, pavement or practices have been site without BMPs. The same standard permanent land- installed. Field inspection shall be used for permanent stormwater seaping for the notes shall be retained in discharges from the project site during project site. All the project file. occupancy. SWPPP and erosion control measures 3.b-2 Developer shall submit a grading and shall be installed erosion control plan to the Department of during grading or Public Works for approval. This plan shall site construction, incorporate the measures Included in the prior to issuance of . SWPPP that is designed to achieve the occupancy permits. performance standard outlined in measure 3.b-1 above. MMRP Table, Page 2 - - - . . TEMECULA EDUCATION COMPLEX MITIGATION MONITORING AND REPORTING PROGRAM . Mitigation Measure Source Implementation Responsible Verification Status I Date I . .. .Schedule Party Initials Hydrology and Water Quality 4.g-1 That portion of the site within the. 1 DO-year Initial Study The grading plan City of A copy of the approved flood hazard area shall be elevated by demonstrating Temecula grading plan shall be approximately two feet, or at least one elevation above the retained in the project file. foot above the 100-flood elevation on the 1 DO-year floodplain Field inspections during property. The Federal Emergency shall be submitted grading shall verify that Management Agency (FEMA) FIRM map and approved by the the flood protective site shall be revised to reflect the removal of City prior to initiation elevation has been the project site from the hazard maps of grading. The . achieved. Field notes after the site elevation is modified by revision to the FIRM . shall be retained in the project grading. map shall be com- project file. The revised pleted within one FIRM map shall be year of occupancy. retained in the project file. Noise 10.a-1 All severe noise generation (noise Initial Study These measures City of These measures shall be . sources above 90 dBA) shall be restricted shall be implement- Temecula. implemented through to daylight hours between 7 a.m. and ed during construc- contract stipulatìons with 6 p.m when there are occupied dwelling tion. the contractor(s) that units within one-quarter mile of site construct the project. A construction. copy of the stipulations shall be incorporated into 10.a-2 All occupied properties within 800 feet of each construction contract the project site (this represents the point and verification shall be where 30 dBA of noise attenuation will provided by the developer occur) shall be notified of the severe to the City in writing. Field noise generating activity (such as pile inspections during con- driving) and a noise complaint/response struction shall verify that program established. If complaints are the noise measures have received, noise barriers shall be installed been implemented. Field between the noise source and the inspection notes shall be receptor to reduce noise to an level. retained in the project file. MMRP Table, Page 3 . - - - TEMECULA EDUCATION COMPLEX MITIGATION MONITORING AND REPORTIN.G PROGRAM : linplementation Responsible. . Status I Date I : Mitigation Measurè Source Verification Schedule Party '1. Initials Noise (continued) 10.a-3 If pile driving or comparable noise/vi bra- Initial Study These measures City of These measures shall be tion activities will occur during construc- shall be implement- Temecula implemented through tion, businesses within one-quarter mile ed during construc- contract stipulations with will be notified of this activity prior to tion. the contractor(s) that initiating such construction activity. construct the project. A copy of the stipulations shall be incorporated into each construction contract and verification shall be provided. by the developer to the City in writing. Field inspections during con- struction shall verify that the noise measures have been implemented. Field inspection notes shall be retained in the project file. 10.a-4 Noise levels during concerts shall be Initial Study This measure shall City of Noise measurements shall controlled such that the nearest sensitive be implemented Temecula be conducted during noise receptor is not exposed to contin- during concerts at concert activities and uous noise levels of 65 dBA during a the amphitheater speakers shall be con- concert and transient noise levels at the after the site is trolled to limit sound levels receptor shall not exceed 80 dBA, which occupied. . to that which will not cause with an assumed 20 dB attenuation in a significant impacts at the structure will not exceed the 60dBA nea~est occupied sensitive exterior threshold established by the City receptors. for sensitive uses. MMRP Table, Page 4 - - - TEMECULA EDUCATION COMPLEX MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Implementation Verification Status/Date I Schedule Initials Noise (continued) .10.b-1 Construction shall be limited to the hours Initial Study These measures City of These measures shall be of 7 a.m. to 7 p.m. on Monday through shall be implement- Temecula implemented through Friday, and between 9 a.m. to 6 p.m. on ed during construc- contract stipulations with Saturday, and shall be prohibited on tion. the contractor(s) that Sundays and federal holidays, except in construct the project. A emergencies, for phases that follow copy of the stipulations construction and occupation of the onsite : shall be incorporated into residential units. each construction contract and verification shall be 10.b-2 Utilize construction methods or equipment provided by the developer that will provide the lowest level of noise to the City in writing. Field impact, i.e., use newer equipment that will inspections during generate lower noise levels. construction shall verify that the noise measures 10.b-3 All construction vehicles and fixed or have been implemented. mobile equipment shall be equipped with Field inspection notes properly operating and maintained shall be retained in the mufflers or sound attenuation devices, as project file. specified in regulations at the time of construction. 10.b-4 Schedule the construction such tliat the absolute minimum number of equipment would be operating at the same time. MMRP Table, Page 5 - - - TEMECULA EDUCATION COMPLEX MITIGATION MONITORING AND REPORTING. PROGRAM . Implementation Status I Date I Mitigation Measure Source Responsible Verification Schedule Party Initials Noise (continued) 10.b-5 The residential and educational buildings Initial Study This measure shall City of The building plans shall shall be constructed with additional noise be implemented Temecula incorporate the required attenuation features, including more during design and noise attenuation insulation, better sound attenuation walls construction of the measures before approval and double paned windows or equivalent. residential and edu- by the City. The com- The educational and building design shall cational buildings. pleted structures shall be include sufficient noise attenuation inspected to verify installa- features to reduce noise levels within tion of the noise attenua- occupiable rooms to less than the 60 dBA tion com.ponents. Field. noise threshold. inspection notes ofverifi- cation shall be retained in the project file. Aesthetics 13.c-1 The design of the campus structures and Initial Study This measure shall City of The buiiding, landscaping, open spaces shall conform with the City- be implemented Temecula and parking plans shall wide design guidelines and requirements. during design and incorporate City mandated construction of the design requirements for Temecula Education approval by the City. The Complex. completed facilities shall be inspected to verify . installation of the all site features in accordance with -approved design requirements. Field inspection notes of verifi- cation shall be retained in the project file. MMRP Table, Page 6 - - - TEMECULA EDUCATION COMPLEX MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Source Implementation 'Responslbie Verification Status 1 Date 1 , Schedule' Party Initials Paleontological Resources 14.c-1 During excavation and hill-side cutting Initial Study This measure shall City of The qualified paleonto- activities, a qualified paleontological be implemented Temecula logical monitor shall be monitor will be present and will, have the prior to and during identified prior to initiating authority to stop and redirect grading construction of the site grading on the hillside. activities to evaluate the significance of Temecula Education Monitoring shall begin any paleontological resources exposed Complex. when hillside grading during the grading activity within the commences and monitor alignment If paleontological resources presence shall be verified are encountered, adequate funding will be by City inspectors during provided to collect, curate and report on hillside grading. If paleon- these resources to the ensure the values tological resources are inherent in the resources are adequately identified, a report shall be' characterized and preserved. submitted to the City verifying collection, cura- tion and management of the resource in accord- ance with professional standards. This report shall be submitted to the City prior to first occu- pancy of the project site. MITIGATION MEASURES IDENTIFIEb IN THE ENVIRONMENTAL IMPACT REPORT ' , Air Quality 5.2-1 Construction The following mitigation measures shall Draft EIR All of the construc- City of Copies of approved con- be implemented throughout construction tion equipment Temecula struction contract with the activities to reduce project impacts. measures shall be above construction equip- incorporated into the ment air quality mitigation construction measures shall be retain- contract and the ed by the Department or MMRP Table, Page 7 - - - TEMECULA EDUCATION COMPLEX MITIGATION MONITORING AND REPORTING PROGRAM . . Responsible Mitigation Measure Source Im¡)lemehtatlon Verification Status I Date I Schedule . Party Initials . Air Quality (continued) 5.2-1 Use appropriate emission control measures shall be agency. Field inspections (cont.) devices on gasoline and diesel implemented during during construction shall construction equipment and maintain construction. verify the measures are construction equipment engines by being implemented as k~eping them tuned. identified in this document. Field inspection notes Prohibit idling and other unnecessarY shall be retained in the operation of equipment. project file. . Utilize existing power sources (i.e., temporary power poles) and avoid onsite power generation. Have sufficient equipment at the .site to carry out dust-control measures in all areas covered by the contract work (not just the immediate area of construction). . Employ construction activity manage- ment techniques, such as: configuring the construction parking to minimize traffic interference; extending the construction period; reducing the number of pieces of equipment used simultaneously; increasing the distance between the emission sources; and reducing or changing the hours of construction; to minimize construction activity emissions. Maintain all work and access areas free from dust. MMRP Table, Page 8 - - - TEMECULA EDUCATION COMPLEX MITIGATION MONITORING AND REPORTING PROGRAM . Mitigation Measure Source implementation Responsible Verification Status I Date I Schedule Party Initials Air Quality (continued) 5.2-1 Cover loaded trucks used inconstruc- (con!.) tion operations with tarpaulins or maintain at least 2 feet of freeload and wash off trucks leaving the site. . Sweep streets if silt is carried over to adjacent public thoroughfares. . Water dust-generating surfaces at intervals to keep all parts of the disturbed area continuously damp. . Water the site and clean the equip- ment in the moming and evening. . Construction operations affecting offsite roadways shall be scheduled for offpeak traffic hours and shall minimize obstruction of through-traffic lanes. Construction activities should be scheduled to occur first on the upwind portion of. the project site to reduce the potential for fugitive dust impacts in the downwind areas. . Develop a traffic plan to minimize traffic flow interference from construc- tion activities including advance public notice of routing. Use low VOC asphalt and còatings. MMRP Table, Page 9 - - - TEMECULA EDUCATION COMPLEX MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Source Implementation Responsible Verification Status I Date I Schedule Party Initials Air Quality (continued) 5.2-2 The proposed project shall submit a plan Draft EIR All of the construc- City of Copies of approved con- to control fugitive dust throughimþlemen- tion equipment Temecula struction contract with the tation of reasonably available dust control measures shall be above construction equip- measures. It shall be preparedand incorporated into ment air quality mitigation submitted to the City of Temecula for the construction measures shall be retain- approval prior to the issuance of any contract and the ed by the Department or grading pennits associated with the measures shall be agency. Field inspections project The plan shall specify the fugitive implemented during during construction snail dust control measures to be employed, construction. verify the measures are including the above measures at a being implemented as minimum. identified in this document. 5.2-3 The project proponent shall comply with Field inspection notes shall be retained in the all applicable SCAQMD Rules and project file Regulations. In particular, SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction-related dirt on approach routes to the site. Rule 403 prohibits the release of fugitive dust emissions from any active operation, open storage pile, or disturbed surface area beyond the property line of the emisl!lon source. Particulate matter deposits on public roadways are also prohibited. MMRP Table, Page 10 - - - TEMECULA EDUCATION COMPLEX MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Source " Implementation Responsible Verification Status I Date / Schedule Party Initials Air Quality (continued) . 5.2-4 Adequate watering techniques shall be Draft EIR All of the construc- City of Copies of approved Con- employed to partially mitigate the impact tion equipment Temecula struction contract with the of construction-generated dust particu- measures shall be above construction equip- lates. Portions of the project site that are incorporated into ment air quality mitigation under-going earth moving operations shall the construction measures shall be retain- be w;!tered such that a crust will be contract and the ed by the Department or formed on the ground surface and then: measures shall be agency. Field inspections watered again at the end of the day. implemented during during construction shall construction. verify the measures are 5.2-5 Any vegetative ground cover to be utilized being implemented as onsite shall be planted as soon as identified in this document. possible to reduce the disturbed area Field inspection notes subjåct to wind erosion. Irrigation shall be retained in the systems needed to water these plants project file. shàll be installed as soon as possible to maintain the ground cover and minimize wind'erosion of the soil. 5.2-6 Any construction access roads (other than temporary access 'roads) shall be paved as soon as possible and cleaned after each work day. The maximum vehicle speed limit on unpaved roads shall be 15 mph. 5.2-7 Grading operations shall be suspended during first and second stage ozone episodes or when winds exceed 25 mph. 5.2-8 Any construction equipment using diesel drive intemal combustion engines shall use a diesel fuel with a maximum of 0.05 percent sulfur and a four degree reta 'd. MMRP Table, Page 11 - - - TEMECULA EDUCATION COMPLEX MITIGATION MONITORING AND REPORTING PROGRAM . . Implementation ..> Mitigation Measure Source Responsible Verification Status I Date I . Schedule Party . - Initials Air Quality (continued) 5.2-9 Construction personnel shall be informed Draft EIR All of the construe- City of Copies of approved con- of ride sharing opportunities and an tion equipment Temecula struction contract with the incentive program shall be implemented measures shall be above construction equip- by the contractor. incorporated into ment air quality mitigation the construction measures shall be retain- 5.2-10 Building construction shall comply with contract and the ed by the Department.or the energy use guidelines in Title 24 of measures shall be agency. Field inspections the Califomia Administration Code. implemented during during construction shall 5.2-11 Where vehicles leave the construction site construction. verify the measures are being implemented as and enter adjacent public streets, the identified in this document. : streets shall be swept daily or washed down at the end of the work day to Field inspection notes shall be retained in the remove soil tracked onto the paved project file. surface. 5.2-12 All diesel-powered vehicles and equip- ment shall be operated with the fuel injection timing retarded 2 degrees from the manufacturer's recommendation and use high pressure injectors. 5.2-13 All diesel-powered vehicles shall be tumed off when not in use for more than 30 minutes and gasoline - powered equipment shall be tumed off when not in use for more than five minutes. 5.2-14 The construction contractor shall utilize electric or natural gas powered equipment in lieu of gåsoline or diesèl powered engines, where feasible and where economically competitive. MMRP Table, Page 12 - - - TEMECULA EDUCATION COMPLEX. MITIGATION MONITORING AND REPORTING PROGRAM I Mitigation Measure Source Implementation Responsible Verification Status I Date I Schedule. Party Initials Air Quality (continued) 5.2-15 The construction contractor shall utilize as Draft EIR All of the construc- City of Copies of approved con- much as possible precoated/natural tion equipment Temecula struction contract with the colored building materials, water based or measures shall be above construction equip- low \tOC coating, and coating transfer or incorporated into ment air quality mitigation spray equipment with high transfer effi- . the construction measures shall be retain- clency, such as high volume low pressure contract and the ed by the Department or (HVLP) spray method, or manual coatings measures shall be agency. Field inspections application such as paint brush, hand implemented during during construction shall roller, trowel, spatula, dauber, rag, or construction. verify the measures are sponge. being implemented as identified in this document. Field inspection notes shall be retained in the project file. ODerationallmDact 5.2-16 The following measures shall be imple- Draft EIR These measures City of For each of the above mented in order to reduce the project shall be implemen- Temecula measures, a report of operational impacts. ted during TEC specific facilities and facility operation. . implementation programs . Trip reduction by good transit infra- shall be provided to the structure 'measures. City within one year of . Trip reduction by pedestrian enhanc- opening the first educa- ing infrastructure measures for resi- tional facility. The report dential and non-residential. shall demonstrate how trip . Trip reduction by bicycle enhancing reductions are being infrastructure measures for residential achieved and the amount and non-residential. of reduction being accom- Provide transit shelters benches. plished to the extent feasible. MMRP Table, Page 13 - - - TEMECULA EDUCATION COMPLEX MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Source Implementation Responsible Verification Status I Date I Schedule Party Initials Transportation and Traffic 5.3-1 The City shall require the developer to Draft EIR Fair share funding City of Receipts for payment of participate on a fair share basis the for traffic signals Temecula fair share funding or installation of traffic signals at the shall be paid or delivery of performance following intersections when warranted: placed under per- bonds shall verify imp!.e- formance bond prior mentation of this mitigation Diaz Road @ Campus ParkWay to occupancy of the measure. Diaz Road @ Remington Avenue project site. Diaz.Road@Zevo Drive 5.3-2 Development of the TEC shall include Draft EIR The design shall be City of A copy of the approved provision of an onsite mass transit facility approved prior to Temecula transit facility design shall or center. This facility shall be designed issuance of occu- be retained in the project in consultation with the Riverside Transit pancy permits for file. Field inspections shall Authority to provide safe convenient the project. The verify that the facility is service to the proposed facilities. transit facility shall constructed as designed. be completed prior A copy of field notes shall to initiation of the be retained in the project second phase of the file. project. 5.3-3 If fill material is imported to the site using Draft EIR Written approval of City of A copy of the City's written public streets, the City shall review and the means of deli- Temecula approval shall be retained approve the type of equipment, hours of vering imported fill in the project file. Field operation, and the approved haul route material to the site inspections shall verify prior to any importing activity. shall be provided by that the import of fill the City prior to occurs as approved by the initiating importation City. A copy of field notes offill material. shall be retained in the project file. MMRP Table,Page 14 - - - TEMECULA EDUCATION COMPLEX MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measurè SourCe Implementation. I. Responsible . Verification Status I Date I Schedule Party Initials Hazards 5.4-1 The developer shall retain an on-call Draft EIR During construction I City of If contaminated material is indusþ'ial hygiene firm that will respond activities. I Temecula discovered during con- immediately to any discovery of soil . struction, the City shall be contamination during grading to determine notified in writing imme- the nature of the contamination.. Before diately (on the same day proceeding with site development, any as the discovery). If discovered contamination shall be treated remediation is required, a or removed from the area with residual letter report summarizing soil concentrations being reduced to the all remediation activities regulatory thresholds in place at the time up to the final disposal of of construction. The contaminated the contaminated material material shall be managed in a manner shall be provided to the that does not expose employees or other City within one week after humans to significant health hazards and final disposal is com- shall be either treated or removed from pleted. The notification the site so that it no longer poses any and letter report shall be hazard. retained in the project file. 5.4-2 If an accidental spill occurs during DraftEIR During construction City of A copy of the specific construction, the developer shall halt activities. Temecula thresholds of the cleanup construction in the area of contamination; and data verifying the limit the area of contamination to the cleanup thresholds have maximum extent feasible; collect all been met shall be pro- contaminated soil at the site to either vided to the City within background levels of contamination or to one week of receipt of this the appropriate regulatory standard of information. A copy of the allowed contamination; transport the specific thresholds and material to a licensed treatment.or verification data shall be disposal facility. retained in the project file. MMRP Table, Page 15 - - - TEMECULA EDUCATION COMPLEX MITIGATION MONITORING AND REPORTING PROGRAM Mitl!¡ation Measure Source Implementation Responsible Verification Status I Date I .. Schedule . Party initials Hazards (continued) 5.4-3 Prior to occupancy the developer shall Draft EIR The evacuation plan City of I The approved evacuation submit an evacuation plan for the shall be approved Temecula plan shall be retained in Temecula Education Complex (TEC) to for implementation the project file and verified the City Fire Department and receive prior to occupancy. for adequacy at the end of approval. This evacuation plan shall each phase of develop- include provisions for relocating the ment at TEC. Evacuation occupanÎs of the site to a safe location at plan training classes shall : an appropriate distance from an acciden- be presented to all educa- tal release. The performance standard to tion professionals annual- be achieved by the TEC evacuation plan Iy, and signatures by all will be to include a responsè time for such professionals shall initiating relocation within two minutes be retained in the project following notice to the occupants to file. evacuate and a means of informing the occupants (such as an alarm system). ensile managers shall be available to direct occupants away from the accidental release in accordance with the evacuation plan. . Cultural Resources 5.5-1 The City shall require the project Draft EIR The intensive data City of A copy of the intensive developer to retain an archaeological recovery plan shall Temecula data recovery plan shall consultant and tribal monitors to prepare be reviewed and be retained in the project and implement.a plan for an intensive approved by the City file. Following completion data recovery operation by hand excava- after consultation of the recovery activities, a tion, artifact analysis and report prepara- with the Pechanga written report of findings tion such that potential information can be Band of Luiseno shall be delivered to the salvaged prior to the start of site grading. Indians and imple- City and a copy retained in mented prior to the project file. initiation of grading. MMRP Table, Page 16 - - - TEMECULA EDUCATION COMPLEX MITIGATION MONITORING AND REPORTING PROGRAM . Responsible Mitigation Measure Source Implementation Verification Status I Date I . .' Schedule Party Initials Cultural Resources (continued) 5.5-2 The City shall require the developer to. Draft EIR I The mitigation plan City of A copy of the mitigation implement a mitigation plan for cultural clause/treatment Temecula plan shall,be retained in resources. The scope and extent of the plan shall be com- the project file. A report of mitigation plan shall be determined by pleted prior to initia- findings shall be presented consultation between City staff, Pechanga ting site grading. to the City and a copy Band of Luisetlo Mission Indians repre- retained in the project file. sentatives, and the archaeological consultant for the project. 5.5-3 The City shall require that site grading be Draft ErR The qualified arch- City of The list of qualified moni- monitored by a qualified archaeologist aeologist and tribal Temecula tors for the TEC project Tribal monitors designated by the monitors shall be shall be retained in the Pechanga Band of Luisetlo Mission identified prior to project file. A copy of the Indians shall also monitor site grading if initiating grading. contract authorizing grad- required by the tribe. The monitors shall This measure will be ing activities to be halted have the authority to halt and relocate implemented during .and relocated shall be construction activities if subsurfaces grading and con- retained in the project file. resources are encountered. Pechanga struction activities. Tribal monitors will be allowed to monitor all archaeological surveys, tests and studies. The results of the surveys, tests : and/or studies will be utilized to define what areas may require avoidance on the site and the specifies of how any recovered artifacts shall be managed with the Tribe, as mutually agreed upon by the City and its technical staff. MMRP Table, Page 17 - - - TEMECULA EDUCATION COMPLEX MITIGATION MONITORING AND REPORTING PROGRAM ... Implementation Responsible .. Status I Date I Mitigation Measure Source Verification Schedule. .. Party Initials Cultural Resources (continued). 5.5-4 Prior to issuance of a grading permit, the Final EIR The Agreement with City of A copy of the final Agree- project developer shall enter into an the Tribe shall be Temecula ment shall be retained Agreement with the Pechanga .Band of completed prior to in the project file and Luiseno Mission Indians that addresses initiating grading. periodic monitoring of the the treatment and disposition of all cultural conditions shall be con- resources and hÜman remains that may ducted with file notes be impacted as a result of this develop- verifying compliance. men!. 5.5-5 The City and site developer agree to Final EIR If and when cultural City of Documentation of cultural re1inquish ownership of all cultural resources are dis- Temecula resource transfer to 'the resources, including all archeological covered, the Tribe Tribe shall be retained in artifacts that are found on the project site. shall be notified and the project file. to the Pechanga Band of Luiset\o Indians offered an oppor- for proper treatment and disposition. tunity to claim the artifacts. Transfer of such resources shall be completed within 30 days of discovery, barring extenuating factors. MMRP Table, Page 18 - - - TEMECULA EDUCATION COMPLEX . MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Implementation Verification Status I Date I Schedule Initials Cultural Resources (continued) 5.5-6 The Pechanga Tribe will be allowed to Final EIR The Phase I survey City of Copies of the Phase I conduct a Phase I survey of the project will be conducted Temecula study and of the Phases II area in cooperation with the City's prior to initiating of and III studies, if under- qualified archaeologist for the project site. grading. Any taken, shall be retainea in Prior to conducting the survey, the Phases II and III the project file. Field specific individuals from the Tribe and investigations shall inspections by the City City will be identified and a Phase I be completed prior shall verify that ground survey methodology will be mutually to grading in areas disturbance does not agreed upon. If deemed necessary by identified for such occur in study areas prior the Pechanga Tribe, the City and its studies, but grading to completion of field work. technical staff. further Phase II surveys can proceed in area will be completed prior to issuance of any not identified for grading permit. Any Phase II survey such studies. activities will be conducted based on a mutually agreed upon survey methode- logy and it will be funded by the site developer. MMRP Table, Page 19