HomeMy WebLinkAbout2024-19 PC Resolution PC RESOLUTION NO. 2024-19
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA ADOPTING THE FINAL
MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING AND REPORTING
PROGRAM FOR THE CONSTRUCTION OF AN
APPROXIMATELY 64,051 SQUARE FOOT PARADISE
CHEVROLET COMMERCIAL TRUCK DEALERSHIP
THAT INCLUDES ROOFTOP PARKING,SALES,SERVICE,
AND PARTS STORAGE LOCATED AT 42105 DLR DRIVE
(APN: 921-730-072)
Section 1. Procedural Findings. The Planning Commission of the City of Temecula
does hereby find, determine and declare that:
A. On December 22, 2022, Gilmore Holdings, LLC filed Planning Application No.
PA22-1124, a Development Plan, and Planning Application No. PA22-1125, a Conditional Use
Permit. These applications (collectively "the Project") were filed in a manner in accord with the
City of Temecula General Plan and Development Code.
B. Collectively, the Project consists of a Development Plan and Conditional Use
Permit for an approximately 64,051 square foot commercial truck dealership and service building
C. The Project was processed, including but not limited to all public notices, in the
time and manner prescribed by State and local law,including the California Environmental Quality
Act, Public Resources Code 21000, et seq. and the California Environmental Quality Act
Guidelines, 14 Cal. Code Regs 15000 et seq. (collectively referred to as "CEQA").
D. Pursuant to CEQA, the City is the lead agency for the Project.
E. The City contracted with De Novo Planning Group for the independent preparation
of an Initial Study to analyze the potential environmental effects of the Project. Based on the
information contained in the Initial Study, De Novo Planning Group and City staff concluded that
the Project could have a significant effect on the environment, but that mitigation measures could
be implemented to reduce such impacts to a less than significant level. Based upon this
determination, De Novo Planning Group prepared, and City staff concurred in, a Draft Mitigated
Negative Declaration ("Draft MND") in accordance with CEQA Section 21080(c) and Section
15070 of the State CEQA Guidelines.
F. The City circulated a Notice of Intent to Adopt the Draft MND,along with the Draft
MND and its Appendices, to the public and other interested parties for a 30-day comment period
from July 2, 2024 through August 1, 2024. The City published a Notice of Intent to Adopt for the
Draft MND in the Press Enterprise, a newspaper of general circulation within the City. Copies of
the documents were made available for public review and inspection at the offices of the
Department of Community Development, located at City Hall, 41000 Main Street, Temecula,
California 92590 and on the City of Temecula website.
G. During the comment period, the City received two written comments on the Draft
MND from various agencies, individuals, and organizations and a response to all the comments
made therein was prepared, submitted to the Planning Commission, and incorporated into the
administrative record of the proceedings.
H. On October 2, 2024, the Planning Commission held a duly noticed public hearing
to consider the Final MND and the Project, at which time the Planning Commission heard and
considered information presented by City staff on the Project and its environmental review. In
addition, all interested persons had an opportunity to and did testify regarding this matter.
I. Public Resources Code Section 21081.6 requires the City to prepare and adopt a
Mitigation Monitoring and Reporting Program for any project for which mitigation measures have
been imposed to assure compliance with the adopted mitigation measures. The Mitigation
Monitoring and Reporting Program is attached hereto as Exhibit A, and is incorporated herein by
reference.
Section 2. Findings. After due consideration of the Final MND and the Project and in
the exercise of its independent judgment,the Planning Commission hereby finds and resolves that:
A. All of the above recitals are true and correct, and are hereby incorporated into this
section as though set forth in full.
B. Agencies and interested members of the public have been afforded ample notice
and opportunity to comment on the Draft MND, the Final MND, and on the Project. The Project
has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA
Guidelines.
C. The Planning Commission has independently considered the administrative record
before it,which is hereby incorporated by reference and which includes the Final MND,the written
and oral comments on the Draft MND, the Draft MND and its Appendices, staff reports and
presentations, and all oral and written testimony.
D. The Planning Commission has reviewed the Final MND and all comments received
regarding the Final MND prior to and at the October 2, 2024 public hearing, and based on the
whole record before it finds that: (1) the Final MND was prepared in compliance with CEQA; (2)
there is no substantial evidence that the Project will have a significant effect on the environment;
and (3) the Final MND reflects the independent judgment and analysis of the Planning
Commission.
E. Based on the findings set forth in the Resolution, the Planning Commission hereby
adopts the Final MND and the Mitigation Monitoring and Reporting Program attached hereto as
Exhibit"A" and incorporated herein by this reference.
Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 2nd day of October, 2024.
Bob Hagel, Chair
ATTEST:
tiokk
Matt Peters
Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Matt Peters, Secretary of the Temecula Planning Commission, do hereby certify that
the forgoing PC Resolution No. 2024-19 was duly and regularly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof held on the 2nd day of October,
2024,by the following vote:
AYES: 5 PLANNING COMMISSIONERS: Hagel, Ruiz, Solis,Turley-Trejo, Watts
NOES: 0 PLANNING COMMISSIONERS None
ABSTAIN: 0 PLANNING COMMISSIONERS None
ABSENT: 0 PLANNING COMMISSIONERS None
KdK
Matt Peters
Secretary
PARADISE CHEVROLET
TRUCK DEALERSHIP PROJECT
FINAL INITIAL STUDY
MITIGATED NEGATIVE DECLARATION
SCH No. 2024070081
AUGUST 2024
ie
Prepared for:
City of Temecula
Community Development Department
Planning Division
41000 Main Street
Temecula, CA 92590
Prepared by:
De Novo Planning Group
180 E. Main Street,Suite 108
Tustin, CA 92780
De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm
Paradise Chevrolet
Truck Dealership Project
Final Initial Study/
lib, Mitigated Negative Declaration
SCH No. 2024070081
LEAD AGENCY:CITY OF TEMECULA
41000 Main Street
Temecula,California 92590
Contact:Scott Cooper
Scott.Cooper@TemeculaCA.gov
(951)506-5137
PREPARED BY:DE NOVO PLANNING GROUP
180 E. Main Street,Suite 108
Tustin,California 92780
Contact:Starla Barker,AICP
sbarker@denovoplanning.com
(949)396-8193
August 2024
Paradise Chevrolet Truck Dealership Project
Initial Study/Mitigated Negative Declaration Final
Table of Contents
1.0 INTRODUCTION 3
2.0 RESPONSES TO COMMENTS 5
3.0 MITIGATION MONITORING AND REPORTING PROGRAM 11
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Paradise Chevrolet Truck Dealership Project
Initial Study/Mitigated Negative Declaration Final
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Paradise Chevrolet Truck Dealership Project
Initial Study/Mitigated Negative Declaration Final
1.0 INTRODUCTION
The Paradise Chevrolet Truck Dealership Project (Project) site is located in the City of Temecula within
Riverside County. The Project site is comprised of approximately 6.09 acres, located at 42105 DLR Drive
(APN 921-730-072). The Project Applicant requests approval of the proposed Project, which includes
Development Plan and Conditional Use Permit (CUP) approvals.
The Project would result in the development of an approximately 64,051-square-foot structure for
commercial truck sales and service uses within a two-story building that includes rooftop parking
(approximately 44,879 square feet). The proposed building would have a building footprint of 57,662
square feet and a maximum height of 38 feet. The building would be surrounded by a parking lot for
customer and employee parking,service and repair, and vehicle storage and display.
In accordance with the California Environmental Quality Act (CEQA)Guidelines, an Initial Study/Mitigated
Negative Declaration (IS/MND) has been prepared for the proposed Project.
The IS/MND was made available for public review and comment pursuant to CEQA Guidelines Section
15073 and 15105.The public review period commenced on July 2, 2024 and concluded on August 1,2024.
The IS/MND and supporting attachments were available for review by the general public at:
City of Temecula Website:
https://temeculaca.gov/362/Environmental-Review-CEQA
The Public Review Draft IS/MND identifies the potential environmental impacts associated with
development of the Project and mitigation measures to reduce the potentially significant impacts. The
Responses to Comments and Mitigation Monitoring and Reporting Program, together with the Public
Review Draft IS/MND,constitutes the Final IS/MND for the proposed Paradise Chevrolet Truck Dealership
Project.
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Initial Study/Mitigated Negative Declaration Final
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Paradise Chevrolet Truck Dealership Project
Initial Study/Mitigated Negative Declaration Final
2.0 RESPONSES TO COMMENTS
During the public review period, two comments were received on the IS/MND. The following is a list of
the public agencies, organizations, and individuals that submitted comments on the IS/MND during the
public review period:
Comment Agency,Organization or Individual Letter Dated
Letter Number
1 Max Yasuda, Resident July 3, 2024
Amy McNeill, Engineering Project Manager
2 Riverside County Flood Control and Water Conservation July 10, 2024
District
Although the CEQA Guidelines do not require a Lead Agency to prepare written responses to comments
received on an IS/MND,the City of Temecula has elected to prepare written responses with the intent of
conducting a comprehensive and meaningful evaluation of the proposed Project. The comment letters
and responses are provided on the following pages. The comment letters have been numbered
sequentially. The number designations in the responses correlate to the numbered portions of each
comment letter.
August 2024 Page 5
eanderson@denovoplanning.com
From: Scott Cooper <scott.cooper@temeculaca.gov>
Sent: Friday,July 5,2024 8:09 AM
To: Starla Barker
Cc: eanderson@denovoplanning.com
Subject: FW:Comment on Temecula Paradise Chevrolet CEQA MND
Comment from Mr. Yasuda on the Draft MND
Scott Cooper
Senior Planner
City of Temecula
(951)506-5137
scoff.cooperaTemeculaCA.qov
TemeculaCA.aov
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public
Records Act, and therefore may be subject to disclosure unless otherwise exempt.
From: Max Yasuda<maxosmail@gmail.com>
Sent:Wednesday,July 3,2024 8:22 AM
To:Scott Cooper<scott.cooper@temeculaca.gov>
Subject:Comment on Temecula Paradise Chevrolet CEQA MND
CAUTION:This email originated from outside of the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Hello, I was reading the study for the Temecula Paradise Chevrolet CEQA MND and observed that while
paniculate tarplant(Deinandra paniculata)was mentioned in the study,the study did not acknowledge 1-1
it's status as a rare plant under the California Native Plant
Society: https://rareplants.cnps.org/Plants/Details/1892
Thank you,
Max Yasuda
i
Paradise Chevrolet Truck Dealership Project
Initial Study/Mitigated Negative Declaration Fina
Response to Commenter Letter No. 1
Max Yasuda, Resident
July 3, 2024
1-1 The comment states that while paniculate tarplant (Deinandra paniculata)was mentioned in the
study for the IS/MND,the study did not acknowledge its status as a rare plant under the California
Native Plant Society.
As discussed in Section 4.4,Biological Resources,of the IS/MND,the Project site is partially located
within the Southwest Area Plan of the Western Riverside County Multiple Species Habitat
Conservation Plan (MSHCP). A Habitat Evaluation and Acquisition Negotiation Strategy (HANS)
application was submitted to the City and subsequently reviewed by the Western Riverside
County Regional Conservation Authority (RCA) to ensure compliance with MSHCP Criteria and
other MSHCP requirements. As discussed in the IS/MND, following compliance with the
established regulatory environment and implementation of mitigation measures, the Project
would be consistent with the MSHCP; potential impacts to biological resources would be reduced
to a less than significant level.
The comment does not contain any information requiring changes to the Public Review Draft
IS/MND. No further response is warranted.
August 2024 Page 7
JASON E.UHLEY �NTYf( 1995 MARKET STREET
General Manager-Chief Engineer '�ot�o °Oo�oA RIVERSIDE,CA 92501
951.955.1200
° 951.788.9965 FAX
s www.rcflood.org
ti
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krfRVATI0*�S
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
256979
July 10, 2024
City of Temecula
Community Development Department
41000 Main Street
Temecula,CA 92590
Attention: Scott Cooper Re: Paradise Chevrolet Truck Dealership Project
APN 921-730-072
The Riverside County Flood Control and Water Conservation District (District) does not normally recommend
conditions for land divisions or other land use cases in incorporated cities. The District also does not plan Check
city land use cases or provide State Division of Real Estate letters or other flood hazard reports for such cases.
District comments/recommendations for such cases are normally limited to items of specific interest to the District
including District Master Drainage Plan facilities,other regional flood control and drainage facilities which could
be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees
(development mitigation fees). In addition,information of a general nature is provided.
The District's review is based on the above-referenced project transmittal,received July 1,2024. The District has
not reviewed the proposed project in detail, and the following comments do not in any way constitute or imply
District approval or endorsement of the proposed project with respect to flood hazard,public health and safety,or
any other such issue:
El This project would not be impacted by District Master Drainage Plan facilities, nor are other facilities of 2-1
regional interest proposed.
❑ This project involves District proposed Master Drainage Plan facilities,namely, . The District
will accept ownership of such facilities on written request by the City. The Project Applicant shall enter
into a cooperative agreement establishing the terms and conditions of inspection, operation, and
maintenance with the District and any other maintenance partners. Facilities must be constructed to
District standards, and District plan check and inspection will be required for District acceptance. Plan
check, inspection, and administrative fees will be required. All regulatory permits (and all documents
pertaining thereto,e.g.,Habitat Mitigation and Monitoring Plans,Conservation Plans/Easements)that are
to be secured by the Applicant for both facility construction and maintenance shall be submitted to the
District for review. The regulatory permits'terms and conditions shall be approved by the District prior
to improvement plan approval,map recordation,or finalization of the regulatory permits. There shall be
no unreasonable constraint upon the District's ability to operate and maintain the flood control facility(ies)
to protect public health and safety.
❑ This project proposes channels, storm drains larger than 36 inches in diameter, or other facilities that
could be considered regional in nature and/or a logical extension a District's facility,the District would
consider accepting ownership of such facilities on written request by the City. The Project Applicant shall
enter into a cooperative agreement establishing the terms and conditions of inspection, operation, and
maintenance with the District and any other maintenance partners. Facilities must be constructed to
District standards, and District plan check and inspection will be required for District acceptance. Plan
check,inspection,and administrative fees will be required. The regulatory permits'terms and conditions
shall be approved by the District prior to improvement plan approval,map recordation,or finalization of
the regulatory permits. There shall be no unreasonable constraint upon the District's ability to operate and
maintain the flood control facility(ies)to protect public health and safety.
City of Temecula -2- July 10,2024
Re: Paradise Chevrolet Truck Dealership Project
APN 921-730-072 256979
® This project is located within the limits of the District's Murrieta Creek(❑Murrieta Valley ElTemecula
Valley ❑Santa Gertrudis Valley ❑Warm Springs Valley)Area Drainage Plan for which drainage fee
have been adopted. If the project is proposing to create additional impervious surface area, applicable
fees should be paid(in accordance with the Rules and Regulations for Administration of Area Drainage 2-1
Plans)to the Flood Control District or City prior to issuance of grading or building permits. Fees to be con't
paid should be at the rate in effect at the time of issuance of the actual permit.
Cl An encroachment permit shall be obtained for any construction related activities occurring within District
right of way or facilities,namely, . If a proposed storm drain connection exceeds
the hydraulic performance of the existing drainage facilities, mitigation will be required. For further
information,contact the District's Encroachment Permit Section at 951.955.1266.
0 The District's previous comments are still valid.
GENERAL INFORMATION
This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State
Water Resources Control Board. Clearance for grading,recordation,or other final approval should not be given
until the City has determined that the project has been granted a permit or is shown to be exempt.
If this project involves a Federal Emergency Management Agency(FEMA)mapped floodplain,the City should
require the applicant to provide all studies, calculations, plans, and other information required to meet FEMA
requirements, and should further require the applicant obtain a Conditional Letter of Map Revision (CLOMR)
prior to grading,recordation,or other final approval of the project and a Letter of Map Revision(LOMR)prior to
occupancy.
The project proponent shall bear the responsibility for complying with all applicable mitigation measures defined
in the California Environmental Quality Act(CEQA)document(i.e.,Negative Declaration, Mitigated Negative 2-2
Declaration, Environmental Impact Report) and/or Mitigation Monitoring and Reporting Program, if a CEQA
document was prepared for the project. The project proponent shall also bear the responsibility for complying
with all other federal,state,and local environmental rules and regulations that may apply.
If a natural watercourse or mapped floodplain is impacted by this project,the City should require the applicant to
obtain a Section 1602 Agreement from the California Department of Fish and Wildlife and a Clean Water Act
Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies
indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality
Certification may be required from the local California Regional Water Quality Control Board prior to issuance
of the Corps 404 permit.
Very truly yours,
AMY MCNEILL
Engineering Project Manager
EM:blj
Paradise Chevrolet Truck Dealership Project
Initial Study/Mitigated Negative Declaration Final
Response to Commenter Letter No. 2
Amy McNeill, Engineering Project Manager,
Riverside County Flood Control and Water Conservation District
July 10, 2024
2-1 The comment notes that the Project is located within the limits of the Riverside County Flood
Control and Water Conservation District's Murrieta Creek Temecula Valley Area Drainage Plan for
which drainage fees have been adopted.The comment further notes that if the Project proposes
to create additional impervious surface area, applicable fees should be paid (in accordance with
the Rules and Regulations for Administration of Area Drainage Plans)to the Flood Control District
or City prior to issuance of grading or building permits. Fees to be paid should be at the rate in
effect at the time of issuance of the actual permit.The comment does not contain any information
requiring changes to the Public Review Draft IS/MND. The comment is noted, and no further
response is necessary.
2.2 The comment provides general information. The comment does not contain any information
requiring changes to the Public Review Draft IS/MND. The comment is noted, and no further
response is necessary.
August 2024 Page 10
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Initial Study/Mitigated Negative Declaration Final
3.0 MITIGATION MONITORING AND REPORTING PROGRAM
The California Environmental Quality Act (CEQA) requires that when a public agency completes an
environmental document which includes measures to mitigate or avoid significant environmental effects,
the public agency must adopt a reporting or monitoring program. This requirement ensures that
environmental impacts found to be significant will be mitigated. The reporting or monitoring program
must be designed to ensure compliance during project implementation (Public Resources Code Section
21081.6).Specifically, Public Resources Code Section 21081.6 states:
(a) When making findings required by paragraph (1) of subdivision (a) of Section 21081
or when adopting a mitigated negative declaration pursuant to paragraph (2) of
subdivision(c)of Section 21080, the following requirements shall apply:
(1) The public agency shall adopt a reporting or monitoring program for the changes
made to the project or conditions of project approval,adopted in order to mitigate
or avoid significant effects on the environment. The reporting or monitoring
program shall be designed to ensure compliance during project implementation.
For those changes which have been required or incorporated into the project at
the request of a responsible agency or a public agency having jurisdiction by law
over natural resources affected by the project, that agency shall, if so requested
by the lead or responsible agency, prepare and submit a proposed reporting or
monitoring program.
(2) The lead agency shall specify the location and custodian of the documents or other
material which constitute the record of proceedings upon which its decision is
based.
This Mitigation Monitoring and Reporting Program (MMRP) has been developed to provide the
mechanism by which to monitor mitigation measures outlined in the Paradise Chevrolet Truck Dealership
Project IS/MND. The Paradise Chevrolet Truck Dealership Project MMRP has been prepared in
conformance with Public Resources Code Section 21081.6 and City of Temecula (City) monitoring
requirements.
State CEQA Guidelines Section 15097 provides clarification of mitigation monitoring and reporting
requirements and guidance to local lead agencies on implementing strategies. The reporting or
monitoring program must be designed to ensure compliance during project implementation. The City of
Temecula is the Lead Agency for the Paradise Chevrolet Truck Dealership Project and is therefore
responsible for ensuring MMRP implementation.This MMRP has been drafted to meet Public Resources
Code Section 21081.6 requirements as a fully enforceable monitoring program.
The MMRP Checklist is intended to provide verification that all applicable mitigation measures relative to
significant environmental impacts are monitored and reported. Monitoring will include: 1) verification
that each mitigation measure has been implemented; 2) recordation of the actions taken to implement
each mitigation;and 3) retention of records in the Paradise Chevrolet Truck Dealership Project file.
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Initial Study/Mitigated Negative Declaration Final
This MMRP delineates responsibilities for monitoring the Project, but also allows the City flexibility and
discretion in determining how best to monitor implementation. Monitoring procedures will vary according
to the type of mitigation measure. Adequate monitoring consists of demonstrating that monitoring
procedures took place and that mitigation measures were implemented. This includes the review of all
monitoring reports,enforcement actions,and document disposition,unless otherwise noted in the MMRP
Checklist. If an adopted mitigation measure is not being properly implemented,the designated monitoring
personnel shall require corrective actions to ensure adequate implementation.
The numbering system in the following table corresponds with the IS/MND's numbering system. The
MMRP table "Verification" column will be used by the parties responsible for documenting when the
mitigation measure has been completed.The City of Temecula will complete ongoing documentation and
mitigation compliance monitoring. The completed MMRP and supplemental documents will be kept on
file at the City of Temecula Community Development Department.
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Paradise Chevrolet Truck Dealership Project
Initial Study/Mitigated Negative Declaration Final
Mitigation Monitoring and Reporting Program Checklist
Monitoring/ Responsible Verification
Implementation
Mitigation Measures Reporting for Approval/
Timing Initials Date Remarks
Methods Monitoring
BIOLOGICAL RESOURCES
Mitigation Measures
BIO-1: To avoid or minimize impacts on burrowing owl Prior to the Pre- Community
populations,a pre-construction survey for burrowing owl issuance of Construction Development
shall be completed within the Project site within 30 days grading permit Burrowing Owl Department
prior to ground disturbance, in accordance with the or any ground Survey/Prior Director,or
Western Riverside MSHCP burrowing owl survey disturbing to grading or designee
guidelines. If the results of the survey indicate that no activity ground
burrowing owls are present on site, then construction disturbing
activities shall be allowed to commence and no activities/Prior
avoidance or minimization measures would be required. to issuance of
If burrowing owl is observed during the pre-construction any grading
survey, the Project proponent shall immediately inform permits
the California Department of Fish and Wildlife (CDFW)
and the Western Riverside Regional Conservation
Association (RCA). A Burrowing Owl Protection and
Relocation Plan (plan) shall be prepared by a qualified
biologist,which must be sent for approval by RCA prior to
initiating ground disturbance. The plan shall detail
avoidance measures that shall be implemented during
construction and passive or active relocation
methodology. Relocation shall only occur outside of the
nesting season (September 1 through January 31). The
RCA may require translocation sites to be created within
the MSHCP Conservation Area for the establishment of
new colonies. If required, the translocation sites must
take into consideration unoccupied habitat areas,
presence of burrowing mammals, existing colonies, and
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Monitoring/ Responsible Verification
Implementation
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Timing Initials Date Remarks
Methods Monitoring
effects to other MSHCP Covered Species in order to
successfully create suitable habitat for burrowing owl.
The translocation sites must be developed in
consultation with RCA. If required, translocation sites
would also be described in the agency-approved plan.
B10-2: Prior to construction activities, a qualified biologist shall Prior to the Plan review/ Community
determine if any retention basins or road ruts within the issuance of Prior to grading Development
Project site meet the U.S. Fish and Wildlife Service grading permit or construction Department
definition of suitable fairy shrimp habitat requiring or any activities/Prior Director,or
protocol surveys. "Appropriate habitat is considered to construction to issuance of designee
be inundated when it holds greater than three (3) activity any grading
centimeters of standing water 24 hours after a rain permits
event."If suitable fairy shrimp habitat is present,wet and
dry seasonal surveys shall be conducted in accordance
with US Fish and Wildlife Service protocols by a qualified
biologist. If the surveys determine the presence of fairy
shrimp, the Project proponent shall immediately inform
the Western Riverside Regional Conservation Association
(RCA).
BIO-3: To the extent possible, construction activities (i.e., Prior to the Pre- Community
earthwork,clearing,and grubbing)shall occur outside of issuance of Construction Development
the general bird nesting season for migratory birds,which grading permit Nesting Bird Department
is March 15 through August 31 for songbirds and January or any Survey/Prior Director,or
15 to August 31 for raptors. construction to construction designee
activity or grading
If construction activities (i.e., earthwork, clearing, and activities/Prior
grubbing) occur during the general bird nesting season to issuance of
for migratory birds (March 15 to August 31) and raptors any grading
(January 15 to August 31), a qualified biologist shall be
permits
retained to perform a pre-construction survey of
potential nesting habitat to confirm the absence of active
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Monitoring/ Responsible Verification
Implementation
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Timing Initials Date Remarks
Methods Monitoring
nests belonging to migratory birds and raptors afforded
protection under the Migratory Bird Treaty Reform Act
and California Fish and Game Code.The pre-construction
survey shall be performed no more than seven days prior
to the commencement of construction activities. The
results of the pre-construction survey shall be
documented by a qualified biologist. If construction is
inactive for more than seven days, an additional survey
shall be conducted.
If the qualified biologist determines that no active
migratory bird or raptor nests occur, the activities shall
be allowed to proceed without any further requirements.
If the qualified biologist determines that an active
migratory bird or raptor nest is present, no impacts
within 300 feet (500 feet for raptors) of the active nest
shall occur until the young have fledged the nest,and the
nest is confirmed to no longer be active,or as determined
by the qualified biologist. The biological monitor may
modify the buffer as applicable for the specific bird
species and type of work or propose other
recommendations to avoid indirect impacts to nesting
birds.
B10-4: In accordance with the Western Riverside County Prior to the Plan review/ Community
Multispecies Habitat Conservation Plan (MSHCP)Section issuance of Prior to grading Development
6.1.4,no species listed in Table 6-2,Plants that Should Be building permit or construction Department
Avoided Adjacent to the MSHCP Conservation Area, of or any activities/Prior Director,or
the MSHCP shall be used in the Project landscape plans. construction to issuance of designee
Prior to issuance of construction permits, the Project activity any grading
Applicant shall provide landscape plans demonstrating to permits
the City of Temecula Community Development that all
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Monitoring/ Responsible Verification
Implementation - -
Mitigation Measures Reporting for Approval/
Timing Initials Date Remarks
Methods Monitoring
•
•
landscaping complies with the Western Riverside County
MSHCP Section 6.1.4 relative to the use of plants.
CULTURAL RESOURCES
Mitigation Measures
CUL-1: If human remains are encountered,the Project Applicant During ground- Notification of Community
or contractor would be required to halt all work and disturbing Riverside Development
contact the Riverside County Coroner. California Health activities County Department
and Safety Code Section 7050.5, states that no further Coroner/ Director,or
disturbance shall occur until the Riverside County Notification of designee
Coroner has made the necessary findings as to origin. Native
Further, pursuant to California Public Resources Code American
Section 5097.98(b)remains shall be left in place and free Heritage
from disturbance until a final decision as to the treatment Commission if
and disposition has been made. If the Riverside County identified
Coroner determines the remains to be Native American, remains are
the Native American Heritage Commission shall be Native
contacted within 24 hours.The Native American Heritage American in
Commission shall then immediately identify the "most origin
likely descendant(s)" of receiving notification of the
discovery.The most likely descendant(s)shall then make
recommendations within 48 hours, and engage in
consultations concerning the treatment of the remains as
provided in Public Resources Code 5097.98 and the
Treatment Agreement described in these conditions.
Refer to Mitigation Measures TCR-1 through TCR-4. -- -- --
GEOLOGY AND SOILS
Mitigation Measures
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GEO-1: If fossils or fossil-bearing deposits are encountered During ground- Assessment of Community
during ground-disturbing activities,work within a 25-foot disturbing resources by a Development
radius of the find shall halt, the City of Temecula activities professional Department
Community Development Department shall be notified, vertebrate Director,or
and a professional vertebrate paleontologist(as defined paleontologist/ designee
by the Society for Vertebrate Paleontology) shall be If significant
contacted immediately to evaluate the find. The under CEQA,
paleontologist shall have the authority to stop or divert verify
construction, as necessary. Documentation and additional
treatment of the discovery shall occur in accordance with work,such as
Society of Vertebrate Paleontology standards. The data recovery
significance of the find shall be evaluated pursuant to the excavation, has
State CEQA Guidelines. If the discovery proves to be been
significant, before construction activities resume at the implemented
location of the find, additional work such as data
recovery excavation may be warranted, as deemed
necessary by the paleontologist.
HAZARDS AND HAZARDOUS MATERIALS
Mitigation Measures
HAZ-1: Prior to the issuance of a grading permit, the Project Prior to the Soil Public Works
Applicant shall submit a Soils Management Plan(SMP)to issuance of Management Department
the City of Temecula Public Works Department that grading permit Plan/Prior to Director,or
addresses the proper characterization and handling of or any ground grading or designee
potential impacted soils, and other contaminants of disturbing ground
concern that may be present.The SMP shall require that, activity disturbing
as grading, excavation, and trenching are performed, activities/Prior
exposed soil shall be monitored for stained or discolored to issuance of
soil, wet or saturated soils, or odors. If impacted soil is any grading
encountered, the soil shall be analyzed to identify and permits
characterize the impact and determine if soil remediation
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is required. Soil samples shall be analyzed by an
appropriate State-certified laboratory using appropriate
methods based on the parameters to be analyzed.When
a new area of contamination is identified, it shall be
characterized to assess its lateral and vertical extent.
Likely excavation of impacted soil shall be followed by
segregated stockpiling or direct-loading, waste profiling,
and offsite disposal or recycling, which shall be
performed in accordance with applicable federal, State,
and local regulations.
TRIBAL CULTURAL RESOURCES
Mitigation Measures
TCR-1: Prior to issuance of a grading permit, the following text Prior to the Grading Plan/ Community
shall be included in the Notes Section of the Grading Plan, issuance of Prior to grading Development
as confirmed by the Temecula Community Development grading permit or ground Department
Department: "If at any time during or any ground disturbing Director,or
excavation/construction of the site, disturbing activities/Prior designee
archaeological/cultural resources, or any artifacts or activity to issuance of
other objects which reasonably appears to be evidence any grading
of cultural or archaeological resource are discovered,the permits
property owner shall immediately advise the City of such
and the City shall cause all further excavation or other
disturbance of the affected area to immediately cease.
The Director of Community Development at their sole
discretion may require the property owner to deposit a
sum of money it deems reasonably necessary to allow the
City to consult and/or authorize an independent, fully
qualified specialist to inspect the site at no cost to the
City, in order to assess the significance of the find. Upon
determining that the discovery is not an
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archaeological/cultural resource, the Director of
Community Development shall notify the property owner
of such determination and shall authorize the resumption
of work. Upon determining that the discovery is an
archaeological/cultural resource, the Director of
Community Development shall notify the property owner
that no further excavation or development may take
place until a mitigation plan or other corrective measures
have been approved by the Director of Community
Development."
TCR-2: Prior to issuance of a grading permit, the following text Prior to the Grading Plan/ Community
shall be included in the Notes Section of the Grading Plan, issuance of Prior to grading Development
as confirmed by the Temecula Community Development grading permit or ground Department
Department: "If cultural resources are discovered during or any ground disturbing Director,or
the project construction (inadvertent discoveries), all disturbing activities/Prior designee
work in the area of the find shall cease,and the qualified activity to issuance of
archaeologist and the Pechanga monitor shall investigate any grading
the find,and make recommendations as to treatment." permits
TCR-3: Prior to issuance of a grading permit, the following text Prior to the Grading Plan/ Community
shall be included in the Notes Section of the Grading Plan, issuance of Prior to grading Development
as confirmed by the Temecula Community Development grading permit or ground Department
Department: "The landowner agrees to relinquish or any ground disturbing Director,or
ownership of all cultural resources, including all disturbing activities/Prior designee
archaeological artifacts that are found on the project activity to issuance of
area, to the Pechanga Tribe for proper treatment and any grading
disposition." permits
TCR-4: If during ground disturbance activities, unique cultural During ground- Cultural Community
resources are discovered that were not assessed by the disturbing Resources Development
archaeological report(s) and/or environmental activities Management Department
assessment conducted prior to project approval, the Plan and
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following procedures shall be followed. Unique cultural Monitoring Director,or
resources are defined, for this condition only, as being Agreements designee
multiple artifacts in close association with each other,but
may include fewer artifacts if the area of the find is
determined to be of significance due to its sacred or
cultural importance as determined in consultation with
the Native American Tribe(s).
• All ground disturbance activities within 100 feet of
the discovered cultural resources shall be halted
until a meeting is convened between the developer,
the archaeologist, the tribal representative(s) and
the Community Development Director to discuss the
significance of the find.
• At the meeting, the significance of the discoveries
shall be discussed and after consultation with the
tribal representative(s) and the archaeologist, a
decision shall be made, with the concurrence of the
Community Development Director, as to the
appropriate mitigation (documentation, recovery,
avoidance,etc.)for the cultural resources.
• Grading of further ground disturbance shall not
resume within the area of the discovery until an
agreement has been reached by all parties as to the
appropriate mitigation. Work shall be allowed to
continue outside of the buffer area and will be
monitored by additional Tribal monitors if needed.
• Treatment and avoidance of the newly discovered
resources shall be consistent with the Cultural
Resources Management Plan and Monitoring
Agreements entered into with the appropriate
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tribes. This may include avoidance of the cultural
resources through project design, in-place
preservation of cultural resources located in native
soils and/or re-burial on the Project property so they
are not subject to further disturbance in perpetuity
as identified in Non-Disclosure of Reburial Condition.
• If the find is determined to be significant and
avoidance of the site has not been achieved,a Phase
III data recovery plan shall be prepared by the
project archeologist, in consultation with the Tribe,
and shall be submitted to the City for their review
and approval prior to implementation of the said
plan.
• Pursuant to California Public Resources Code §
21083.2(b) avoidance is the preferred method of
preservation for archaeological resources and
cultural resources.If the landowner and the Tribe(s)
cannot agree on the significance or the mitigation for
the archaeological or cultural resources,these issues
will be presented to the City Community
Development Director for decision. The City
Community Development Director shall make the
determination based on the provisions of the
California Environmental Quality Act with respect to
archaeological resources, recommendations of the
project archeologist and shall take into account the
cultural and religious principles and practices of the
Tribe. Notwithstanding any other rights available
under the law, the decision of the City Community
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Development Director shall be appealable to the City
Planning Commission and/or City Council.
TCR-5: Prior to issuance of a grading permit, the following text Prior to the Grading Plan/ Community
shall be included in the Notes Section of the Grading Plan, issuance of Prior to grading Development
as confirmed by the Temecula Community Development grading permit or ground Department
Department: "All sacred sites are to be avoided and or any ground disturbing Director,or
preserved." disturbing activities/Prior designee
activity to issuance of
any grading
permits
TCR-6: In the event that Native American cultural resources are During ground- Cultural Community
discovered during the course of grading (inadvertent disturbing Resources Development
discoveries), the following procedures shall be carried activities Management Department
out for final disposition of the discoveries: Plan and Director,or
Monitoring designee
• One or more of the following treatments,in order of Agreements
preference, shall be employed with the tribes.
Evidence of such shall be provided to the City of
Temecula Community Development Department:
o Preservation-In-Place of the cultural resources, if
feasible. Preservation in place means avoiding the
resources, leaving them in the place where they
were found with no development affecting the
integrity of the resources.
o Reburial of the resources on the Project property
(as identified on Burial Area Exhibit). The
measures for reburial shall include, at least, the
following: Measures and provisions to protect the
future reburial area from any future impacts in
perpetuity. Reburial shall not occur until all legally
required cataloging and basic recordation have
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been completed, with an exception that sacred
items, burial goods and Native American human
remains are excluded. Any reburial process shall
be culturally appropriate. Listing of contents and
location of the reburial shall be included in the
confidential Phase IV report.The Phase IV Report
shall be filed with the City under a confidential
cover and not subject to Public Records Request.
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