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HomeMy WebLinkAbout2024-21 CC Resolution1 RESOLUTION NO.2024-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE INITIAL STUDY AND ADOPT A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE MURRIETA CREEK BRIDGE AT OVERLAND DRIVE PROJECT, PW16-05 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: (a) The Murrieta Creek Bridge at Overland Drive Project, PW16-05; includes the design, environmental, and construction of a new bridge along Overland Drive over Murrieta Creek. The bridge will connect Overland Drive to Diaz Road on the west end of the project and to Enterprise Circle West on the east end. (b) Pursuant to the California Environmental Quality Act ("CEQA") (Cal. Pub. Res. Code §21000 et seq.) and the State Guidelines (the "Guidelines") (14 Cal. Code Regs. § 15000 et seq.), City staff prepared an Initial Study ("IS") of the potential environmental effects of the approval of the Project as described in the Initial Study. Based upon the findings contained in that Study, City staff determined that, with the incorporation of mitigation measures, there was no substantial evidence that the Project could have a significant effect on the environment and an MND was prepared by the City in full compliance with CEQA. (c) The IS identified no impact or a less than significant impact for the following environmental areas of concern: 1) Aesthetics 2) Agriculture and Forestry Resources 3) Air Quality 4) Energy 5) Greenhouse Gas Emissions 6) Hazards & Hazardous Materials 7) Hydrology and Water Quality 8) Land Use and Planning 9) Mineral Resources 10) Noise 11) Population & Housing 12) Public Services 13) Recreation 14) Transportation 15) Utilities and Service Systems 16) Wildfire (d) The IS identified the following areas of potential concern that will be reduced to a less than significant impact with mitigation incorporated as summarized: 1) Biological Resources: Require a qualified biologist to conduct pre - construction surveys, deliver training for construction personnel, and monitor construction activities to ensure practicable measures are being employed to avoid incidental disturbance of habitat and species of concern. Mitigate permanent and temporary biological resource impacts through the creation of rehabilitation/mitigation area of approximately 1.23 acres on City owned property located at Temecula Creek. 2) Cultural Resources: Require a certified archaeologist to monitor construction in coordination with the Pechanga Tribe. Also, the implementation of recommendations for a pre -grading meeting with contractors, and a monitoring frequency approved and coordinated with the Pechanga Tribe, and cultural resources protection, avoidance, and curation as required in the event of resource discovery. 3) Geology and Soils: Require a qualified paleontologist to provide pre -construction training for the discovery of fossils and subsequent procedures. It also requires full time paleontological monitoring for construction of bridge piers that reach below ten (10) feet in depth and bridge abutments that reach twenty-five (25) feet below the surface. (e) Under CEQA guidelines, the IS determined a Mitigated Negative Declaration ("MND") be completed for the project. The MND includes mitigation measures to reduce potential impacts to a level of less than significant. Staff recommends that the City Council approve the IS and adopt an MND for this project. A summary of the proposed mitigation measures is included within the and the Mitigation Monitoring and Reporting Program are within Final IS/MND. (f) The Notice of Intent to Adopt a Mitigated Negative Declaration was posted on January 11, 2024. The corresponding public review comment period also commenced on January 11, 2024, and concluded on February 12, 2024. Notifications were mailed to all property owners within a one thousand (1,000) foot radius of each end of the proposed bridge site and a notice was also placed in the local newspaper. Copies of the documents have been available for public review and inspection at City Hall, 41000 Main Street, Temecula California 92590. (g) The City of Temecula received only one comment letter from Riverside County Flood Control and Water Conservation District (RCFC&WCD). The letter addressed permits, studies, and mitigation requirements since the property spanned by the bridge is owned by RCFC&WCD). Staff does not foresee any issues with the comments received. The comment letter and the responses to it are in Appendix "I" of the IS/MND. (h) The City Council has reviewed the MND and the Mitigation Monitoring and Reporting Program ("MMRP"), on file in the Office of the City Clerk and incorporated herein by this reference as though set forth in full, and all comments received regarding the MND and, based on the whole record before it, finds that: 1) The MND and the Mitigation Monitoring Program were prepared in compliance with CEQA; 2) With the incorporation of mitigation measures, there is no substantial evidence that the Project will have a significant effect on the environment; and 3) The MND and Mitigation Monitoring Program reflects the independent judgment and analysis of the City Council. Section 2. Based on the findings set forth in this Resolution and the IS, the City Council hereby adopts the MND and MMRP for the Project. Section 3. The Director of Public Works is authorized and directed to file a Notice of Determination in accordance with CEQA. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12'h day of March, 2024. ATTEST: Randi Jo , Ci lerk [SEAL] J James Stewart, Mayor 1 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2024-21 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12t' day of March, 2024, by the following vote: AYES: 4 COUNCIL MEMBERS: Alexander, Kalf is, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 4