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HomeMy WebLinkAbout08_033 PC ResolutionRESOLUTION NO. 08-33 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA, CALIFORNIA CERTIFYING THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE FLETCHER JONES MERCEDES-BENZ OF TEMECULA PROJECT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE FLETCHER JONES MERCEDES-BENZ OF TEMECULA PROJECT LOCATED ON THE NORTH WEST CORNER OF YNEZ ROAD AND WAVERLY LANE WITHIN THE HARVESTON SPECIFIC PLAN . THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS Section 1. Recitals and Procedural Findings. The Planning Commission hereby finds and determines that: A. Garth Blumenthal, representing Jones/Blumenthal Temecula, LLC, filed Planning Application No. PA07-0335, Development Plan, which application is hereby incorporated by reference. The Project applicant proposes to develop atwo-story dealership showroom building, auto service facility, car wash facility, private street, and associated parking and landscaping on the 13.97 acre project site. Proposed Project development would total approximately 80,000 square feet of building space to house the dealership including car maintenance, repair services, and a car wash. B. Pursuant to the California Environmental Quality Act ("CEQA"), the City is the lead agency for the Project because it is the public agency with the Authority and principal responsibility for approving the Project. C. The City proceeded with a Supplemental Environmental Impact Report ("SEIR") for the Fletcher Jones Mercedes-Benz Project pursuant to CEQA Guideline 15163 because the project site falls within the Harveston Specific Plan which was the subject of a separate EIR (SCH# 1999041033) and only minor additions would be necessary to make this previously certified EIR adequately apply with regard to the Mercedes-Benz Project. D. In addition, a Supplemental EIR is in compliance with CEQA for the Fletcher Jones Mercedes-Benz Project because the conditions as described in Public Resources Code 21166 and in CEQA Guidelines 15162 and 15163 exist because the development of a Mercedes-Benz dealership on the Project site constitutes new information of substantial importance that was not known at the time of the previous Harveston Specific Plan EIR, and the development of the Mercedes-Benz Project causes one or more potentially significant effects not previously addressed in the Specific Plan EIR. E. The previous Harveston Specific Plan EIR involved extensive environmental review on a variety of environmental topics for both the current project site as well as the surrounding area covered by the Harveston Specific Plan. As such, the Mitigation Monitoring and Reporting Program for the prior Specific Plan EIR is hereby incorporated by reference to the extent any mitigation measures articulated in the Mitigation Monitoring and Reporting Program are applicable to the Mercedes-Benz Project site. In addition, the mitigation measures in this Specific Plan EIR Mitigation Monitoring and Reporting Program will be adopted as conditions of approval of the Fletcher Jones Mercedes-Benz Project to the extent they are applicable to the project site. However, no mitigation measures regarding afair-share contribution to regional traffic improvements systems shall be applicable to the Mercedes- Benz Project as this fair-share contribution has been satisfied by the original developer applicant. Additionally, any mitigation measures regarding specific infrastructure improvements identified in the Harveston Specific Plan Mitigation Monitoring Plan have been satisfied and are therefore not applicable to the Mercedes-Benz Project. The Harveston Specific Plan EIR and Mitigation Monitoring and Reporting Program are available for public review at the City of Temecula Planning Department. F. In addition to the prior Harveston Specific Plan EIR, the project site and the surrounding Harveston Specific Plan Area is the subject of a development agreement entered into between the City of Temecula, and Lennar Homes, Inc. and Winchester Hills, LLC (collectively "owner") in 2001. This prior development agreement provides certain vested rights to the owners. The subject site is part of the Harveston Specific Plan that is addressed in the development agreement and all action taken by the City with regard to the Mercedes- Benz project site, including CEQA environmental review and required mitigation, is in full compliance with all legal rights articulated in the development agreement. G. On January 15, 2008, in accordance with CEQA Guideline Section 15082, the City published a Notice of Preparation (NOP) of a Draft Supplemental Environmental Impact Report ("Draft SEIR") and circulated it to governmental agencies, organizations, and persons that may be interested in the Project, including nearby landowners, homeowners, and tenants. The NOP requested comments from the public and the comment period was extended through February 18, 2008. H. In response to the NOP, written comments were received from the South Coast Air Quality Management District, the Riverside County Flood Control and Water Conservation District, and from the Native American Heritage Commission. These comment letters assisted the City in formulating the analysis in the Draft SEIR. I. On January 29, 2008, in accordance with CEQA Section 21083.9, the City sponsored a public scoping meeting to obtain comments from interested parties on the scope of the Draft SEIR. J. On February 21, 2008, in accordance with CEQA Guideline Section 15082, the NOP was re-circulated due to an increase in the anticipated building area from 65,000 square feet to approximately 80,000 square feet. K. On May 19, 2008 an additional community meeting was held to solicit further public input and comment on the proposed Project. L. On May 26, 2008 the State Office of Planning and Research approved a 30 day public review period for the Fletcher Jones Mercedes-Benz Project of Temecula SEIR (SCH# 2008011052) determining that such a review period is consistent with the criteria set forth in the written guidelines of the Office of Planning and Research for shortened reviews, and Section 21091 of the Public Resources Code. M. Therefore, upon completion of the Draft SEIR dated May 26, 2008, the City initiated a 30-day public comment period by filing a Notice of Completion with the State Office of Planning and Research on May 26, 2008. N. The City also published a Notice of Availability for the Draft SEIR in a newspaper of general circulation within the City. Copies of the Draft EIR were sent to public agencies, organizations, and individuals. In addition, the City placed copies of the Draft SEIR at the City's library and made copies available for review at City offices. O. Before, during and after the official public review period for the Draft SEIR, the City received two (2) written comment letters from the Native American Heritage Commission and the California Department of Fish and Game, both 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). P. Pursuant to Public Resources Code Section 21092.5 and CEQA Guideline 15088, the City provided its responses to all public agency comments 10 days prior to any certification of the SEIR. O. Section 15091 of the State CEQA Guidelines requires that the City, before approving the Project, make one or more of the following written finding(s) for each significant effect identified in the SEIR accompanied by a brief explanation of the rationale for each finding: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR; or, 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or, 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. R. 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. S. Environmental impacts identified in the SEIR that are found to be less than significant and do not require mitigation are described in Exhibit A, Section III, attached hereto and incorporated herein by reference. T. Environmental impacts identified in the SEIR as potentially significant but that can be reduced to less than significant levels with mitigation are described in Exhibit A, Section IV, attached hereto and incorporated herein by reference. U. Environmental impacts identified in the SEIR as significant and unavoidable despite the imposition of all feasible mitigation measures are described in Exhibit A, Section V, attached hereto and incorporated herein by reference. V. Alternatives to the Project that might eliminate or reduce significant environmental impacts are described in Exhibit A, Section VI, attached hereto and incorporated herein by reference. W. A discussion of the project benefits identified by 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 Exhibit B, attached hereto and incorporated herein by reference. 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. X. Prior to taking action, the Planning Commission reviewed and considered and has exercised its independent judgment on the proposed final EIR and all of the information and data in the administrative record, and all oral and written testimony presented to it during meetings and hearings and finds that the final EIR is adequate and was prepared in full compliance with CEQA. No comments or any additional information submitted to the City have produced any substantial new information requiring circulation or additional environmental review of the SEIR under CEQA requiring additional public review because no new significant environmental impacts were identified, and no substantial increase in the severity of any environmental impacts would occur. Section 2. The Planning Commission of the City of Temecula, California, hereby certifies the Supplemental Environmental Impact Report and all changes to the Supplemental Environmental Impact Report as described in the Errata which is part of the Final SEIR , adopts findings pursuant to the California Environmental Quality Act as set forth in Exhibit A attached hereto and incorporated herein by reference; adopts the Statement of Overriding Considerations set forth in Exhibit B attached hereto and incorporated herein by reference; adopts the Mitigation Monitoring and Reporting Program attached hereto as Exhibit C and incorporated herein by reference and imposes each mitigation measure as a condition of Project approval, and incorporates by reference the Mitigation Monitoring and Reporting Program for the Harveston Specific Plan EIR (SCH# 1999041033), and imposes all mitigation measures therein that are applicable to the project site as conditions of Project approval. City staff shall implement and monitor the mitigation measures as described in Exhibit C and those applicable to the Project site from the Mitigation Monitoring and Reporting Program from the Harveston Specific Plan EIR. Section 1. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 9th day of July 2008. ~ - ~-~' ~~ John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary ~^~: _ ~ . ,_ ~ ~"" '~ ;, y. a. STr1TE'OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 08-34 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 9th day of July 2008, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Chiniaeff ABSTAIN: 0 PLANNING COMMISSIONERS: None Debbie Ubnoske, Secretary EXHIBIT A Findings and Facts in Support of Findings Introduction. The California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (the "Guidelines") provide that no public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that will occur if a project is approved or carried out 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 avoid or substantially lessen the significant environmental effects identified in the EIR. B. Such changes or alterations are within the responsibility of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. C. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR.' Pursuant to the requirements of CEQA, the Planning Commission of the City of Temecula hereby makes the following environmental findings in connection with the proposed Fletcher Jones Mercedes-Benz of Temecula Project and related actions (the "Project"), as more fully described in the Supplemental EIR. These findings are based upon evidence presented in the record of these proceedings, both written and oral, the Supplemental EIR and all of its contents, the Comments and Responses to Comments on the Supplemental EIR, and staff and consultants' reports presented to the Planning Commission. II. Project Objectives. As set forth in the Supplemental EIR, objectives that the City of Temecula and the Project Applicant seek to achieve with this Project (the "Project Objectives') are as follows: City's Objectives: A. Implement the commercial element of Harveston Specific Plan with a use that will provide desired services to City residents and enhance the Specific Plan Area and be compatible with the nearby residential area. B. Provide employment opportunities that support local businesses and the strong residential property values that the City of Temecula enjoys. ~ Cal. Pub. Res. Code § 21081; 14 Cal. Code Regs. § 15091. C. Enhance the quality of life of Temecula residents by balancing economic development objectives with protection of the environment and the health and safety of the community. D. Promote high-end economic activity within the City to maintain a healthy economy, provide revenue for high quality municipal services and infrastructure maintenance and improvements, and preserve the unique character of Temecula. Applicant Objectives: E. To better serve the existing Mercedes-Benz customer base in the City. F. To expand the Mercedes-Benz market share in Riverside County and the Temecula area. G. To construct ahigh-end facility of high architectural quality, complimentary to the Temecula image. III. Effects Determined to be Less Than Significant Without Mitination in the Supplemental EIR. The Supplemental EIR found that the proposed Project would have a less than significant impact without the imposition of mitigation for the following environmental topics. A less than significant environmental impact determination was made for each of these environmental topics based on the more expansive discussion in the Supplemental EIR. A. Aesthetics The Project will not have a substantial adverse effect on a scenic vista. 2. The Project would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings from a state scenic highway. 3. The Project would not substantially degrade the existing visual character or quality of the site and its surroundings. The Project would not result in any cumulative aesthetic impacts. B. Air Quality 1. The Project will not conflict with or obstruct implementation of the 2007 Air Quality Management Plan. 2. During Project operation, the Project would not violate any air quality standard or contribute substantially to an existing or projected air quality violation. 3. Localized carbon monoxide hot-spots would not result due to increases in localized traffic volumes. The Project would not create objectionable odors. 5. The Project would not conflict with implementation of the state goals for reducing greenhouse gas emissions and would not have a negative effect on Global Climate Change. C. Noise 1. Traffic associated with operation of the Project would not result in a significant increase in ambient noise levels on nearby roadways used to access the dealership. 2. The Project in connection with other development Projects in the region will not increase cumulative operational noise impacts to a level of significance. D. Biological Resources 1. Implementation of the proposed Project would not have a substantial adverse effect on any listed, candidate or special-status plant species. 2. Implementation of the proposed Project would not have a substantial adverse effect on a listed, candidate, orspecial-status ground dwelling wildlife species including the Stephens' kangaroo rat, Los Angeles pocket mouse, burrowing owl, and coast patch-nosed snake. 3. Implementation of the proposed Project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species, and would not interfere with any established wildlife corridors or nursery sites. 4. Implementation of the proposed Project would not have substantial effects on any sensitive natural communities or on any federally protected wetlands. 5. The proposed Project would not cumulatively contribute to a significant biological resources impact. E. Traffic and Circulation The proposed Project would not result in inadequate vehicular and emergency access. Project implementation would not result in inadequate parking capacity. IV. Effects Determined to be Less Than Significant With Mitigation The Supplemental EIR identified the potential for the Project to cause significant environmental impacts in the areas of aesthetics, air quality, global warming, noise, biological resources, and traffic. With the exception of the specific impacts to the significant and unavoidable noise direct and cumulative impacts, the cumulative air quality impact, and the direct and cumulative traffic impacts, measures were identified that would mitigate all of these impacts to a less than significant level. The Planning Commission finds that the feasible mitigation measures for the Project identified in the Final EIR would reduce the Project's impacts to a less than significant level, with the exception of those unmitigable impacts discussed in Section V below. The Planning Commission adopts all of the feasible mitigation measures for the Project described in the Final EIR as conditions of approval of the Project and incorporates those into the Project. A. Aesthetics Light and Glare Impacts The Supplemental EIR examines the potential light and glare impacts that could be caused by the Project's nighttime operational lighting and the adverse effects such lighting can have on the surrounding Harveston residential community. The Project would include nighttime building lighting, security lighting, and landscape lighting. (a) Findings Changes or alterations have been required in, or incorporated into the Project that avoid or substantially lessen the potential significant environmental effect as identified in the Supplemental EIR. Specifically, astep-down lighting process, compliance with Mount Palomar Lighting Ordinance 655, and other measures as articulated in the following mitigation measures will ensure a less than significant light and glare impact. Measure 3.1-3a: The applicant shall ensure that all lighting fixtures shall contain "sharp cut-off' fixtures, and shall be fitted with flat glass lenses and internal and external shielding. Measure 3.1-3b: The applicant shall ensure that all fixtures shall be parallel with the finished grade of the Project site; no fixtures shall be tilted above a 90-degree angle. Measure 3.1-3c: The applicant shall incorporate step-down lighting into the Project to the satisfaction of the City Planning Director. The step-down lighting shall occur each evening at the following intervals: 7:30 p.m., and 10:30 p.m. Measure 3.1-3d: The applicant shall ensure that site lighting systems and showroom lighting shall be grouped into control zones to allow for open, closing, and night light/security lighting schemes. All control groups shall be controlled by an automatic lighting control system utilizing a time clock, photocell, and low voltage relays. Measure 3.1-3e: The applicant shall ensure that design and layout of the site shall take advantage of landscaping, on-site architectural massing, and off-site architectural massing to block light sources and reflection from cars. Measure 3.1-3f: The applicant shall submit a lighting plan and photometric plan to be reviewed by the City of Temecula. The lighting plan shall include design features (such as those mentioned above) to minimize impacts of light and glare on the surrounding area. Measure 3.1-3g: The city shall complete apost-installation inspection to ensure that the site is not excessively illuminated (such that dealership lighting is not creating excessive glare, unreasonably competing for the public's attention or creating any roadway safety hazard) and that illuminations lighting sources are properly shielded. Measure 3.1-3h: In order to mitigate potential impacts to the Mount Palomar Observatory, all lighting plans shall be reviewed by the City to assure utilization of low pressure sodium vapor lamps; step-down lighting techniques; shielding to prevent upward and outward illumination; and compliance with the County Ordinance No. 655. (b) Facts in Support of Findings Development of the Project would increase light and glare around the Project site. This light can have adverse affects on nighttime views and the surrounding communities in proximity of the site if not addressed properly. In order to address this light and glare impact, the Project proposes to incorporate various mitigation measures, including a "step-down" lighting regimen that would progressively dim lighting to minimize obtrusive light visible by residents of the surrounding community. The stepdown lighting would occur each evening at the following intervals: 7:30 pm, and 10:30 pm. From 10:30 pm to sunrise the Project site would be lit with only security lights. As shown in the images contained in the Aesthetics Section of the Supplemental EIR, incorporating astep-down lighting regimen would reduce new sources of light on the adjacent residences located within the Harveston Community. In addition to the step-down lighting system, the Project would comply with the Riverside County Light Pollution Ordinance, No. 655, the Mount Palomar Lighting Ordinance. The Project site is located within close proximity to the Palomar Observatory, and the observatory requires unique nighttime lighting restrictions. As such, in conformance with Ordinance No. 655, all artificial outdoor light fixtures shall be installed in conformance with the provisions of the ordinance which sets forth specific requirements for lamp source and shielding of light emissions for outdoor light fixtures. Lighting for on-premises advertising displays, shall be shielded and focused to minimize spill light into the night sky or adjacent properties. This ordinance requires lighting to be shielded, directed down to avoid glare onto adjacent properties and emit low levels of glare into the sky in order to ensure visibility from Mount Palomar Observatory. Finally, various other mitigation measures which articulate accepted standards by the Illuminating Engineering Society of North America (IESNA) a collection of engineers, architects, scientists and other professionals who aim to disseminate information for the improvement of the lighted environment will further reduce any potential light and glare impacts. Thus, with inclusion of the above articulated mitigation measures, any potential light and glare impact will be reduced to a less than significant level. B. Air Quality Construction Emissions The Supplemental EIR discusses the potential for construction-related emissions to cause adverse effects on air quality. Project construction activities would include site preparation, earthmoving, and general construction. Site preparation includes activities such as general land clearing and grubbing. Earthmoving activities include cut-and-fill operations, trenching, soil compaction, and grading. General construction includes adding improvements such as roadway surfaces, structures, and facilities. (a) Findings Changes or alterations have been required in, or incorporated into the Project that avoid or substantially lessen the potential significant environmental effect as identified in the Supplemental EIR. With the incorporation of the following mitigation measures, any potential construction-related air quality impact will be reduced to a less than significant level. Measure 3.2-2a: The applicant shall ensure that a fugitive dust control program is implemented pursuant to the provision of SCAQMD Rule 403. Measure 3.2-2b: Prior to grading and construction, the applicant shall be responsible for compliance with the following: A. During clearing, grading, earth moving, or excavation, maintain equipment engines in proper tune. B. After clearing, grading, earth moving, or excavation: 1. Wet the area down, sufficient enough to form a crust on the surface with repeated soakings, as necessary, to maintain the crust and prevent dust pick up by the wind. 2. Spread soil binders: and 3. Implement street sweeping as necessary. C. During construction: 1. Use water trucks or sprinkler systems to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site; 2. Wet down areas in the late morning and after work is completed for the day; 3. Use low sulfur fuel (.05 percent by weight) for construction equipment. D. Discontinue construction during second stage smog alerts. Measure 3.2-2c: Prior to grading and construction, the applicant shall be responsible for compliance with the following. A. Require a phased schedule for construction activities to minimize daily emissions. B. Schedule activities to minimize the amount of exposed excavated soil during and after the end of work periods. C. Treat unattended construction areas with water (disturbed lands which have been, or are expected to be unused for four or more consecutive days). D. Require the planting of vegetative ground cover as soon as possible on construction sites. E. Install vehicle wheel-washers before the roadway entrance at construction sites F. Wash off trucks leaving site. G. Require all trucks hauling dirt, sand, soil, or other loose substances and building materials to be covered, or to maintain a minimum freeboard of two feet between the top of the load and the top of the truck bed sides. H. Use vegetative stabilization, whenever possible, to control soil erosion from storm water especially on super pads. I. Require enclosures or chemical stabilization of open storage piles of sand, dirt, or other aggregate materials. J. Control off-road vehicle travel by posting driving speed limits on these roads, consistent with City standards. K. Use electricity from power poles rather than temporary diesel or gasoline power generators. Measure 3.2-2d: Prior to grading and construction, the applicant shall be responsible for the paving of all access aprons to the project site and the maintenance of the paving. Measure 3.2-2e: Prior to issuance of grading permits, the applicant shall be responsible for assuring that construction vehicles be equipped with proper emission control equipment to substantially reduce emissions. Measure 3.2-2f: Prior to issuance of grading permits, the applicant shall be responsible for the incorporation of measures to reduce construction related traffic congestion into the project grading permit. Measures, subject to the approval and verification by the Public Works Department, shall include, as appropriate: A. Provision of rideshare incentives B. Provision of transit incentives for construction personnel. C. Configuration of construction parking to minimize traffic interference. D. Measures to minimize obstruction of through traffic lanes. E. Use of a flagman to guide traffic when deemed necessary. Measure 3.2-2g: Prior to the building/construction operations, applicant and individual contractors shall commit in writing to the following: A. Scheduling receipt of construction materials to non-peak travel periods (i.e., 7:30 - 8:30 am and 4:00 - 6:00 pm); B. Routing construction traffic through areas of least impact sensitivity; and C. Limiting lane closures and detours to off-peak travel periods. (b) Facts in Support of Findings The emissions generated from these construction activities include: (1) Dust (including PM10 and PM2.5) primarily from "fugitive' sources (i.e., emissions released through means other than through a stack or tailpipe) such as soil disturbance; (2) Combustion emissions of criteria air pollutants (ROG, NOx, carbon monoxide, carbon dioxide, PM10, and PM2.5) primarily from operation of heavy off-road construction equipment (primarily diesel- operated), portable auxiliary equipment, and construction worker automobile trips (primarily gasoline-operated); and (3) Evaporative emissions (ROG) from asphalt paving and architectural coatings. Construction-related fugitive dust emissions would vary from day to day, depending on the level and type of activity, silt content of the soil, and the weather. In the absence of mitigation, construction activities may result in significant quantities of dust, and as a result, local visibility and PM10 concentrations may be adversely affected on a temporary and intermittent basis during construction. In addition, the fugitive dust generated by construction would include not only PM10, but also larger particles, which would fall out of the atmosphere within several hundred feet of the site and could result in nuisance-type impacts. H is mandatory for all construction projects in the Basin to comply with SCAOMD Rule 403 for fugitive dust. Specific Rule 403 control requirements include, but are not limited to, applying water in sufficient quantities to prevent the generation of visible dust plumes, applying soil binders to uncovered areas, reestablishing ground cover as quickly as possible, utilizing a wheel washing system to remove bulk material from tires and vehicle undercarriages before vehicles exit the proposed Project site, and maintaining effective cover over exposed areas. With the incorporation of Mitigation Measure 3.2-2a, the Project will comply with Rule 403. NOx, ROG, PM10, PM2.5, CO, and CO2 construction emissions were estimated for aworst-case day based on default maximum crew, truck trip, and equipment. As analyzed in the Supplemental EIR, none of the construction emissions would be greater than the significance criteria with compliance with Rule 403 as required of the Project by Mitigation Measures 3.2-2a. Finally, as more fully discussed in the Supplemental EIR, Localized Significant Threshold Monitoring (LST) was not performed for this Project due to the small amounts of NOx, CO, PM10 and PM2.5 that the construction of the proposed Project would produce. In sum, with the incorporation of the mitigation measures discussed above, the Project's construction-related air quality impact will be less than significant. C. Noise Operational Noise Operation of the project could expose persons to or generate noise levels in excess of standards established in the Temecula Municipal Code. However, with the incorporation of mitigation measures, any potential impact will be less than significant. (a) Findings Changes or alterations have been required in, or incorporated into the Project that avoid or substantially lessen the potential significant environmental effect as identified in the Supplemental EIR. With the incorporation of the following mitigation measures, any potential operational noise impact will be reduced to a less than significant level. Measure 3.4-2a: The City shall ensure that there will be a designated employee from the City Planning Department to coordinate any noise complaints and enforce the City's noise standards. Actions shall be taken to reduce noise levels from project activities that are over 65 dBA and result in noise complaints. Measure 3.4-2b: The applicant shall implement a silent paging system throughout the proposed project to minimize loudspeaker paging noise. (b) Facts in Support of Findings Heating Ventilating, and Air Conditioning (HVAC) Equipment The Heating Ventilating and Air Conditioning (HVAC) equipment system for maintaining comfortable temperatures within the proposed buildings would consist of packaged rooftop air conditioning systems. Such rooftop HVAC units typically generate noise levels of approximately 55 dB at a reference distance of 100 feet from the operating units during maximum heating or air conditioning operations. The noise level of the HVAC, if on the edge of the building nearest the sensitive receptors (about 590 feet), would be about 40 dBA. This would be a less than significant impact. Service Center Internal Equipment Noise Power tools, electric machinery, and air compressors would be used within the service center premises for the repair of motor vehicles. The service center would operate only during the daytime hours. Potentially significant noise sources associated with auto service operations include air impact wrenches, fire breakers, and air supply compressors, the noise levels of these sources at sensitive receptor locations are stated below. Impact Wrench Noise Levels A potentially significant noise source at the proposed auto maintenance facility would be the operation of air impact wrenches during fire changes. These wrenches typically produce a maximum noise level of about 88 dBA at a distance of 10 feet. Impact wrenches are used twice for each wheel removal/replacement operation with an average duration of use of 10 - 15 seconds per wheel. The nearest proposed residential property line to the service center is located at a distance of approximately 1,030 feet to the east. At this distance, impact wrench maximum noise levels are predicted to be approximately 48 dBA without mitigation. Also, shielding will be provided by the enclosure of the service center, proposed dropped ceilings and parking lot area in between the service station and the residences which would reduce these noise levels further. This maximum noise level would not exceed the City's daytime maximum noise level standards and would be less than significant. Tire Breaker Noise Levels Tire breakers are also a potentially significant noise source due to the rapid release of air pressure through a number of small holes adjacent to the fire sidewall. Noise produced by this type of pneumatic fire breaker reaches a brief maximum level of about 105 dBA at 10 feet. Other types of fire breakers, where the rapid air release has been eliminated and replaced with an air/hydraulic control system, produce noise levels of approximately 74 dBA at a distance of 10 feet. For aworst-case estimate of tire-breaker noise generation, it is assumed that the louder type of fire breaker could be used at the proposed facility. Tire breakers are used twice for each fire removal/replacement operation. The average duration of use is approximately 20 seconds per wheel. The nearest proposed residential property line to the service center is located at a distance of approximately 1,030 feet to the east. At this distance, impact wrench maximum noise levels are predicted to be approximately 65 dBA without mitigation. Also, shielding will be provided by the enclosure of the service center, proposed dropped ceilings and parking lot area in between the service station and the residences causing attenuation of at least 10 dBA reducing the predicted level to approximately 55 dBA without mitigation. This maximum noise level would not exceed the City's daytime maximum noise level standards and would be less than significant. Air Compressor Noise Levels The noise produced by air supply compressors varies considerably with compressor size, type, and operating conditions. At similar fire maintenance facilities, reference noise levels were measured at 60 dBA at 50 feet for steady-state compressor operation. The compressors typically cycle on and off intermittently during the work day to meet air supply demands. At the nearest proposed residential property line, located approximately 1,030 feet to the east, the worst-case noise level associated with compressor usage would be 34 dBA Leq without mitigation. Also, shielding will be provided by the enclosure of the service center, proposed dropped ceilings and parking lot area in between the service station and the residences which would reduce these noise levels further. This maximum noise level would not exceed the City's daytime maximum noise level standards and would be less than significant. Car Wash The drying system is the loudest part of a car wash; depending on the system used, a car wash blower could create noise levels of approximately 67 dBA at 50 feet from the exit. At the nearest proposed residential property line, located approximately 1,030 feet to the east, the noise level could potentially be 41 dBA during car drying. To further dampen the noise the exit will face the customer lobby building, thus attenuating the noise levels more. This noise level would not exceed the City's daytime noise level standards and would be less than significant. Paging System Some car dealerships use a loudspeaker paging system that includes outside speakers. Loudspeakers vary in the amount of noise they produce, but at a maximum volume a loudspeaker located 590 feet from residences could produce noise levels of approximately 77 dBA. The applicant is proposing a silent paging system that will mitigate any typical paging system noise associated with automobile dealerships operations. Implementation of Mitigation Measures 3.4-2a and 3.4-2b will ensure a less than significant operational noise impact from the Project. D. Biological Resources Effect on any listed, candidate or special status bird species. As discussed more fully in the Supplemental EIR, the proposed Project could have a potentially significant effect on a listed, candidate, or special status bird species. However, with the incorporation of mitigation articulated below outlining the process for apre- construction survey and tree removal, this impact would be less than significant. (a) Findings Changes or alterations have been required in, or incorporated into the Project that avoid or substantially lessen the potential significant environmental effect as identified in the Supplemental EIR. With the incorporation of Mitigation Measure 3.5-3, this impact would be less than significant. Measure 3.5-3: The applicant shall have a qualified biologist, approved by the City, conduct apre-construction survey for nesting/roosting special-status birds and other nesting birds on or adjacent to the Project site within two weeks prior to construction. The biologist shall report his or her findings to the City, and the biologist, applicant and, if required, the City shall work collaboratively to ensure that the no direct impacts to any nesting birds located within 100 feet of the limits of construction occur, by establishing the construction right of way and removal of plant material outside of the typical breeding season of birds (February 1 through August 31). If construction and vegetation removal is proposed for the bird nesting period February 1 through August 31, then active nest sites located during the pre-construction surveys shall be avoided pursuant to the directions of the biologist, and a non-disturbance buffer zone established dependent on the species. Nest sites shall be avoided with non-disturbance buffer zones approved by the biologist until the adults and young are no longer reliant on the nest site for survival as determined by a qualified biologist. Avoiding destruction of an active nest and establishing anon-disturbance buffer zone around any active nests on or adjacent to the Project site would reduce this potentially significant impact to a less than significant level. Should the nesting of any migratory bird occur on or adjacent to the Project site during grading or construction activities, a City qualified biological monitor shall halt all construction activities and notify the City and corresponding resource agency. (b) Facts in Support of Findings The federal migratory Bird Treaty Act prohibits killing, possessing, or trading of migratory birds, except in accordance with regulations prescribed by the Secretary of the Interior, including take of bird nests and eggs. All birds and birds of prey specifically are protected in California under the State Fish and Game Code, Sections 3503 and 3503.5, which states that it is "unlawful to take, possess, or destroy any birds in the order Falconiformes or Strigiformes (birds of prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto." Project impacts to these species would not be considered significant unless they are known or have a high potential to nest in the Project area or to rely on the Project site for primary foraging activities during the breeding season. Though there are no trees or suitable habitat present within the proposed Project site, there are several ornamental trees adjacent to the western border of the site at the bottom of the slope, adjacent to I-15. Although it is unlikely, due to the level of traffic and noise near the trees, construction activities could cause disturbance to birds nesting/foraging adjacent to the Project site. No nests were observed during the January site visit. However, the site visit was conducted outside of the breeding season, and therefore results are not conclusive. The project may have a substantial adverse effect, either directly or through habitat modifications, on bird species identified as a candidate, sensitive, or special- status in local or regional plans, policies, or regulations, or by the CDFG or USFWS. Impacts to nesting birds are potentially significant, but can be prevented via pre-construction surveys and associated avoidance measures, as described in Mitigation Measure 3.5-3. 2. Conflict with Western Riverside County MSHCP, the Long-Term Stephens' Kangaroo Rat HCP and City of Temecula Municipal Code. As discussed in the Supplemental EIR, the proposed Project has the potential to conflict with the Western Riverside County MSHCP, the Long-Term Stephens' Kangaroo Rat (SKR) HCP and the City of Temecula Municipal Code. For the reasons discussed in the Supplemental EIR, this impact is less than significant with mitigation. (a) Findings Changes or alterations have been required in, or incorporated into the Project that avoid or substantially lessen the potential significant environmental effect as identified in the Supplemental EIR. With the incorporation of the following mitigation measure, the potential impact will be less than significant. Measure 3.5-6: The applicant shall pay the $500 per acre SKR mitigation fee set out by Section 8.24 of the Temecula Municipal Code. (b) Facts in Support of Findings The proposed Project site does not lie in designated critical habitat for any special-status species. However, the Project site does lie within the areas covered by the Western Riverside County MSHCP and the SKR HCP, although it is exempt from the MSHCP. These plans promote the conservation and recovery of biological resources in Western Riverside County and provide coverage for FESA and CESA incidental take for listed species. The Western Riverside County MSHCP is broken into area plans, and cell groups. The Project site falls within the Southwest Area Plan and portions of the site fall within criteria cell 6407 and 6525. Both Criteria Cells were established to contribute to the assembly of Proposed Constrained Linkage 15 which follows Warm Springs Creek. Conservation for these cells focuses on Riversidean alluvial fan sage scrub habitat along Warm Springs Creek and the adjacent grassland habitat. Chapter 15.10 of the Temecula Municipal Code establishes mitigation fees for funding the preservation of natural ecosystems within Temecula City limits in accordance with the MSHCP. As previously stated, the applicant is not required to comply with the provisions of the MSHCP as a development agreement was obtained for the Project in 2001, prior to the adoption of the MSHCP in 2004. Government Code section 65864 states that only those policies, rules, and regulations which were existing at the time of approval for a developmental project, must be followed by the applicant. The Project site would not affect Warm Springs Creek and does not support Riversidean alluvial fan sage scrub or grassland habitat. The project site consists of compacted bare land that has a limited ability to support wildlife species. Due to the presence of only ruderal non-native grassland habitats on the project site and the absence of any special-status species or sensitive biological resources the proposed Project would not conflict with the provisions of the Western Riverside County MSHCP. Section 8.24 of the Temecula Municipal Code states that all applicants within the SKR HCP plan area shall conduct a biological survey for the SKR and pay the required impact and mitigation fee. ESA conducted a habitat assessment for the SKR during the January 14, 2008 site visit. No SKR signs were observed during the site visit, and no suitable habitat exists on-site due to the high levels of disturbance and the origin of site soils. No impacts to the SKR are expected to occur. County Ordinance 663.10 regarding the SKR HCP states that "impacts to the Stephens' kangaroo rat are not limited to loss or degradation of actually occupied habitat only." Therefore, direct and indirect impacts to the SKR, including habitat destruction should be mitigated either byon-site preservation of land, or the payment of the mitigation fee. Mitigation fees will be used to finance the implementation of the SKR HCP conservation measures. Although impacts are not expected to occur, implementation of Mitigation Measure 3.5-6 would mitigate for any indirect impacts associated with development inside the SKR HCP fee area. Implementation of Mitigation Measure 3.5-6 would also ensure that the Project would not conflict with the provisions of the SKR HCP. Due to the Zack of suitable native habitat on the project site, and with the payment of any relevant mitigation fees, the project would not fundamentally conflict with the provisions of any adopted habitat conservation plan, natural community conservation plan, or other approved local, regional, or state habitat conservation plan. The project also would not fundamentally conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. Edge Effects of the Project Impacting Warm Springs Creek The proposed Project has the potential to cause impacts to Warm Springs Creek, which could include the introduction of pollutants and toxics into the Warm Springs Creek area due to stormwater and other runoff. Increased levels of light and noise could also impact wildlife species foraging and nesting in the riparian areas surrounding Warm Springs Creek. (a) Findings Changes or alterations have been required in, or incorporated into the Project that avoid or substantially lessen the potential significant environmental effect as identified in the Supplemental EIR. With the incorporation of the following mitigation measure, the potential impact will be considered less than significant. Measure 3.5-7: Invasive: The City shall review and approve all landscape plans to ensure that no invasive species as identified in the MSHCP or by the California Invasive Plant Inventory shall be used in the proposed project. (b) Facts in Support of Findings The Project site is located on a graded, leveled and compacted parcel of land with little vegetation now present; however it is located approximately 550 feet away from a MSHCP Conservation Area (Proposed Constrained Linkage 15). This conservation area is associated with Warm Springs Creek and located adjacent to several developed areas, an interstate, and an undeveloped parcel. Project design features would help minimize impacts the Project could potentially have on natural resources, specifically Warm Springs Creek. Project design features include: 1) pervious pavement, which would allow percolation or infiltration of stormwater through the surface into the soil below where the water is naturally filtered and pollutants are removed, and 2) a temporary desilting/water quality basin, located on the southwest corner of the property, would be implemented to collect, treat and redirect surface/storm drainage off the Project site through a temporary storm drain outlet. Treated stormwater flows from this temporary desilting basin would eventually flow towards Warms Springs Creek. Invasive species shall not be allowed in the Project landscape plans. Additionally, Mitigation Measures 3.1-3a through 3.1-3h would direct and focus dealership lighting downward to avoid glare onto adjacent areas and emit low levels of glare into the sky. With these Project design features and the inclusion of Mitigation Measure 3.5-7, impacts would be reduced to less than significant levels. V. Environmental Effects that Remain Significant and Unavoidable After Mitigation In the areas of air quality, noise, and traffic there are instances where environmental impacts would remain significant and unavoidable after mitigation. These areas are discussed below. A. Air Quality Cumulative Impact -Construction Related and Operational Based on the more expansive discussion in the Supplemental EIR, the Project region is located in the South Coast Air Quality Management District air basin which is designated as non-attainment for certain air pollutants under the California Clean Air Act. As such, a significant and unavoidable cumulative air quality impact will result even with the implementation of mitigation. (a) Findings Changes or alterations have been required in, or incorporated into the Project that avoid or substantially lessen the potential significant environmental effect as identified in the Supplemental EIR. However, even with the incorporation of the Mitigation Measures 32- 2(a) through 3.2-2(g) as addressed in Section IV, B. above, construction-related and operational related cumulative impacts will remain significant and unavoidable. Cumulative air quality impacts associated with the construction and operation of the Project have been reduced to the extent feasible. However, after implementation of the above mitigation measures, the impact would remain significant and unavoidable. The overriding social, economic, and other considerations set forth in the Statement of Overriding Considerations and in the Findings regarding alternatives provide additional facts in support of these findings. Any remaining, unavoidable significant effects after available Supplemental EIR mitigation measures are implemented are acceptable when balanced against the facts set forth therein. (b) Facts in Support of Findings The previous EIR completed for the Harveston Specific Plan determined the Harveston Specific Plan incremental contribution to both construction air pollutant emissions and long-term operational air pollutant emissions would be cumulatively considerable, in part because the air basin is designated as nonattainment. As part of the Specific Plan area, both the construction and long-term operational air pollutant emissions of the project would be cumulatively considerable contributions to the significant cumulative air quality impacts of the Harveston Specific Plan. Mitigation measures from the Harveston Specific Plan that apply to this project have been included in this Project to reduce the impact of construction emissions. The Project's incremental impact is less than significant, but even with implementation of the applicable Mitigation Measures 3.2-2(a) - 3.2-2(g) in as addressed in Section IV, B. above, the cumulative air quality impacts of the Harveston Specific Plan cannot be reduced to a level that would be less than significant. As such, the cumulative air quality impact of the proposed Project would be considered significant and unavoidable. B. Noise Construction Noise -Direct Impact The Supplemental EIR examines the potential noise generated by the construction of the proposed project and has concluded that this impact will likely be a short- term significant and unavoidable impact even with the incorporation of mitigation. (a) Findings Changes or alterations have been required in, or incorporated into the Project that avoid or substantially lessen the potential significant environmental effect as identified in the Supplemental EIR. However, even with the incorporation of the following mitigation measures, the short-term construction noise impact will remain significant and unavoidable. Measure 3.4-1 a: The applicant shall ensure, as specified in City of Temecula Ordinance No. 94-25, that no construction may occur within one-quarter (1/4) of a mile of any occupied residence during the following hours: A. 6:30 pm to 6:30 am, Monday through Friday. B. Before 7:00 am of after 6:30 pm, Saturday. C. At any time on Sunday or any nationally recognized holiday. Measure 3.4-1 b: The applicant shall ensure that all construction equipment shall use properly operating mufflers, and no combustion equipment such as pumps, generators or motors shall be allowed to operate within one quarter (1/4) mile of any occupied residence from 6:30 pm to 6:30 am unless such equipment is surrounded by a noise protection earthen berm or solid barrier. Measure 3.4-1 c: The applicant shall ensure that all construction staging shall be performed as far as possible from occupied dwellings. Measure 3.4-1 d: The applicant shall ensure that all signs shall be posted at the construction sites that include permitted construction days and hours, a contact number for the job site, and a contact number for the City of Temecula Building and Safety Department project manager, in the event daytime noise exceeds 65dBA at the exterior of the residences. In that event the City shall have the right to require limiting the number of noisy pieces of equipment used at one time so that the noise level is reduced to the permissible level. Impacts associated with short-term construction noise have been reduced to the extent feasible. However, after implementation of the above mitigation measures, the impact would remain significant and unavoidable. The overriding social, economic, and other considerations set forth in the Statement of Overriding Considerations and in the Findings regarding alternatives provide additional facts in support of these findings. Any remaining, unavoidable significant effects after available Supplemental EIR mitigation measures are implemented are acceptable when balanced against the facts set forth therein. (b) Facts in Support of Findings Construction activity noise levels at and near the construction areas would fluctuate depending on the particular type, number, and duration of uses of various pieces of construction equipment. Construction-related material haul trips would raise ambient noise levels along haul routes, depending on the number of haul trips made and types of vehicles used. In addition, certain types of construction equipment generate impulsive noises (such as pile driving), which can be particularly annoying. Pile driving, however, is not proposed for Project development. Based on the proposed Project site layout and terrain, an attenuation of 6 dBA will be assumed. Harveston residences are approximately 150 feet from Project construction. The Supplemental EIR indicates that excavation is 89 dBA at 50 feet, if attenuated out to 150 feet, these residences would experience noise levels of about 79 dBA Leq during finishing and excavation, the loudest of construction activities that would occur. Subsequent exposure to construction noise by individual residences could be lessened over time due to attenuation of noise by Project structures built in the interim. Construction noise at these levels would be substantially greater than existing noise levels at nearby sensitive receptor locations. These construction noise levels, especially if they were to occur during the nighttime hours when people are sleeping, would be potentially significant. The City of Temecula noise ordinance states that no person shall conduct construction activity when the site is within one-quarter mile from an occupied residence between the hours of 6:30 pm and 6:30 am Monday through Friday, and shall only conduct construction between the hours of 7:00 am and 6:30 pm on Saturday. Further, no construction activity shall be undertaken on Sunday and nationally recognized holidays. Daytime construction is commonly exempt from noise ordinances because background noise is typically louder during the day than at night, and sleep disturbance is typically considered to be a nighttime impact. However, even daytime noise levels from construction can exceed daytime ambient levels and be a substantial annoyance to nearby residential units. Although the above mitigation measures would reduce the impact to less than significant, construction sites are noisy locations with heavy equipment that could substantially affect noise levels at nearby residents. Such impacts could last a substantial time before the complaint system would be used to reduce the impact. Therefore, construction noise could at times be a short- term significant and unavoidable impact of the proposed Project. 2. Cumulative Construction Noise As discussed in the Supplemental EIR, the proposed Project will create a significant and unavoidable project specific construction noise impact. This construction noise impact coupled with the potential construction noise from the 30 other developments projects currently in the planning process located in the vicinity of the Project, has the potential to cause a significant cumulative impact which will remain significant and unavoidable after all feasible mitigation. (a) Findings Changes or alterations have been required in, or incorporated into the Project that avoid or substantially lessen the potential significant environmental effect as identified in the Supplemental EIR. However, even with the incorporation of the construction noise mitigation measures as identified in Section V, B. above, the construction noise from the proposed Project coupled with the construction noise from the 30 other development projects in the vicinity will create a significant and unavoidable cumulative construction noise impact. The cumulative impact associated with construction noise has been reduced to the extent feasible. However, after implementation of mitigation as discussed in Section V, B. above, the impact would remain significant and unavoidable. The overriding social, economic, and other considerations set forth in the Statement of Overriding Considerations and in the Findings regarding alternatives provide additional facts in support of these findings. Any remaining, unavoidable significant effects after available Supplemental EIR mitigation measures are implemented are acceptable when balanced against the facts set forth therein. (b) Facts in Support of Findings The Project would result in intermittent and temporary noise above existing ambient noise levels due to construction activities. With implementation of mitigation measures, the Project's noise impact would result in a short term significant and unavoidable impact. While there is the potential for the proposed Project to contribute to construction noise levels generated by the cumulative projects listed in Table 4-1 of the Supplemental EIR, the actual schedule and timing of construction activities is uncertain. The proposed Project would coordinate with the appropriate departments of the neighboring jurisdictions to avoid conflicts with other projects to the extent possible, and the Project's contribution to cumulative construction noise impacts, as mitigated, would be considered significant and unavoidable. C. Traffic and Circulation Direct Impacts As discussed more fully in the Supplemental EIR and the accompanying traffic study, the proposed Project would have a direct impact on the Margarita Road/Winchester Road intersection during the P.M. peak hour, which would continue to operate at an unacceptable level of service (LOS) with the introduction of the Project which would increase the traffic delay at this intersection by two seconds or more. This impact is significant and unavoidable. (a) Findings Changes or alterations have been required in, or incorporated into the Project that avoid or substantially lessen the potential significant environmental effect as identified in the Supplemental EIR. However, even with the incorporation of the following mitigation measures, the impact to the Margarita Road/Winchester Road will remain significant and unavoidable. Measure 3.6-1: The applicant shall implement the following improvements at the Margarita Road/Winchester Road intersection: • Conversion of the westbound through-right turn lane on Winchester Road to a dedicated westbound through lane, and the re-striping of a dedicated westbound right-turn lane would reduce vehicle delay at this location. Impacts associated with the direct project impact to the Margarita Road/Winchester Road intersection have been reduced to the extent feasible. However, after implementation of the above mitigation measure, the impact would remain significant and unavoidable. The overriding social, economic, and other considerations set forth in the Statement of Overriding Considerations and in the Findings regarding alternatives provide additional facts in support of these findings. Any remaining, unavoidable significant effects after available Supplemental EIR mitigation measures are implemented are acceptable when balanced against the facts set forth therein. (b) Facts in Support of Findings In the Project Completion Year condition, five of the six intersections studied would operate at an acceptable LOS. The intersection that would not operate at an acceptable LOS is the Margarita Road/Winchester Road intersection, which already operates at an unacceptable LOS in its existing condition. Since the Project would increase the delay by more than two seconds at the Margarita Road/Winchester Road intersection that already operates at an unacceptable LOS, the Project applicant would be required mitigate the additional impact. The improvements recommended in Mitigation Measure 3.6-1, above represent the only physically feasible mitigation for this intersection, and would not result in an acceptable LOS during the peak PM hour. Additional improvements are not feasible at this intersection and project impacts are significant and unavoidable. 2. Cumulative Impacts The proposed Project would result in cumulative traffic impacts during the cumulative condition by increasing the delay by two seconds or more at each of the following intersections: (1) 1-15 NB Ramps/Winchester Road (LOS F during the PM peak hours); (2) Ynez Road/Winchester Road (LOS F during the PM peak hour); and (3) Margarita Road/Winchester Road (LOS F during PM peak hours). No mitigation is feasible at these three intersections, other than that already articulated for the project specific direct impact at the Margarita Road/Vllinchester Road intersection. Thus, the impact at all three intersections is considered significant and unavoidable. (a) Findings Changes or alterations have been required in, or incorporated into the Project that avoid or substantially lessen the potential significant environmental effect as identified in the Supplemental EIR. Specifically, Mitigation Measure 3.6-1 incorporated into the Project to lessen the project specific direct significant impact at the Margarita Road/Winchester Road intersection is also applicable for this cumulative impact. However, no other feasible mitigation measures are available for the three intersections. The roadway improvements that are not feasible are as follows: • I-15 northbound ramps/Winchester Road. Geometric improvements such as, additional eastbound and westbound through lanes (four through lanes in each direction), are not feasible due to right-of-way constraints. • Ynez Road/Winchester Road. Geometric improvements such as, a westbound through lane and dedicated westbound right-turn lane, dual southbound right-turn lanes and an additional southbound through lane, and an eastbound free-right-turn lane, are not feasible due to right-of- way constraints. • Margarita Road/VVinchester Road. The applicant shall complete the following improvements: Conversion of the westbound through-right turn lane on Winchester Road to a dedicated westbound through lane, and the re-striping of a dedicated westbound right-turn lane would reduce vehicle delay at this location. However, these improvements would not result in an acceptable LOS (LOS D) during the p.m. peak hour. This improvement would build-out the intersection to its ultimate configuration. Additional geometric improvements such as, additional eastbound and westbound through lanes (four through lanes in each direction), and a northbound free-right turn lane, are not feasible due to right-of-way constraints. Cumulative impacts associated with the three intersections have been reduced to the extent feasible. However, because no mitigation is feasible, the impact at the three intersections will remain significant and unavoidable. The overriding social, economic, and other considerations set forth in the Statement of Overriding Considerations and in the Findings regarding alternatives provide additional facts in support of these findings. Any remaining, unavoidable significant effects after available Supplemental EIR mitigation measures are implemented are acceptable when balanced against the facts set forth therein. (b) Facts in Support of Findings In the Cumulative condition, only three of the six intersections would operate at an acceptable LOS. The three that would not are: (1) I-15 NB rampsNVinchester Road (LOS F during PM peak hours); (2) Ynez RoadNVinchester Road (LOS F during the PM peak hour); and (3) Margarita Road/Winchester Road (LOS F during PM peak hours). The Project would increase the delay by two seconds at each of the abovementioned intersections. Because no feasible mitigation can be incorporated into the Project to alleviate these three cumulative traffic impacts due to roadway right of way constraints, the impact to these three intersections is considered significant and unavoidable. VI. Proiect Alternatives. A. Alternatives Considered But Rejected in the EIR The City considered a range of reasonable alternatives as discussed below and in the Supplemental EIR. In determining what alternatives to analyze, the City considered, but rejected one other alternative, the alternative site alternative. An alternative site alternative was considered in the Temecula Auto Mall, but was not available for acquisition by the applicant, and for this reason, was not carried forward into the alternatives analysis. Therefore, this alternative was rejected as infeasible. The EIR however did undertake an analysis of six other potential project alternatives. These six alternatives were also rejected for the various reasons stated below. B. Alternatives Considered in the EIR Alternative 1 - No Project Alternative (a) Summary of Alternative Under the No Project Alternative, construction of dealership facilities identified under the proposed Project would not be implemented. The designated service commercial lot would remain undeveloped and unused. As previously stated, because there are multiple variations as to how the Project site could be developed under the current plans for the site, Alternatives 3 through 6 illustrate the type of development that could occur on the Project site if the Project were not approved. (b) Reasons for Rejecting Alternative In comparison to the proposed Project, implementation of the No Project Alternative would eliminate all the adverse environmental impacts associated with the proposed Project. The No Project Alternative would allow for existing conditions to persist. However, the No Project Alternative would not meet any of the Project objectives, and would maintain current conditions, as no development would take place on the vacant lot. Fulfillment of the Harveston Community Plan Service Commercial designation would not occur in this area. For these reasons, the Planning Commission rejects this alternative as infeasible. 2. Alternative 2 -Reduced Project Alternative (a) Summary of Alternative Under this alternative a reduced Mercedes-Benz dealership of approximately 40,000 sf would be constructed, as opposed to approximately 80,000 sf under the proposed Project. Under Alternative 2, building development would occur on the northwest corner of the site adjacent to the I-15 freeway, identical to the development under the proposed Project. Under the reduced project, approximately 50 percent of the site would be developed on with dealership building(s) and associated facilities. The remaining undeveloped space would remain vacant. (b) Reasons for Rejecting Alternative This alternative would have overall reduced impacts in comparison to the proposed Project, including a reduction in aesthetic impacts, air quality impacts, global warming impacts, reduced construction and operational noise impacts, biological resources impacts, and overall reduced traffic impacts. However, Alternative 2 would not fully achieve all of the applicant's objectives set forth, and would not adequately serve its expected customer base. Alternative 2 would also provide fewer employment opportunities (a City objective). For these reasons, the Planning Commission rejects this alternative as infeasible. 3. Alternative 3 -Alternative Development as Retail Use on the Project Site (a) Summary of Alternative The Project site has been designated as Service Commercial within the Harveston Specific Plan. As detailed in the Harveston Specific Plan, this designation is specifically intended to provide for intensive commercial uses, selected light manufacturing uses that typically require extensive floor area, and limited business park uses south of Date Street to provide a transition from existing business park uses to the south. As such, potentially allowed commercial uses on the proposed site could include home improvement stores, discount retail stores, furniture stores, and grocery stores. Additional potential uses under the Service Commercial zoning could include restaurants and offices. Thus, under Alternative 3, a retail use equivalent to 283,000 sf (0.5 FAR -allowed under the Service Commercial designation) would be constructed on the Project site. (b) Reasons for Rejecting Alternative The retail use equivalent under Alternative 3 would likely have increased noise, global warming/climate change and air quality, and traffic-related impacts, but have similar impacts related to aesthetics and biological resources, when compared to the Project. Alternative 3 would meet the City's objectives of implementing the Harveston Specific Plan and providing employment opportunities, however, it would not meet the applicant's objectives to better serve the existing Mercedes-Benz customer base in the City, and would not meet the applicant's objective to expand Mercedes' market share in Riverside County and the Temecula area. For these reasons, the Planning Commission rejects this alternative as infeasible. 4. Alternative 4 -Reduced Retail Use Development on the Project Site (a) Summary of Alternative The Project site has been designated as Service Commercial within the Harveston Specific Plan. As detailed in the Harveston Specific Plan, this designation is specifically intended to provide for intensive commercial uses, selected light manufacturing uses that typically require extensive floor area, and limited business park uses south of Date Street to provide a transition from existing business park uses to the south. As such, potentially allowed commercial uses on the proposed site could include home improvement stores, discount retail stores, furniture stores, and grocery stores. Additional potential uses under the Service Commercial zoning could include restaurants and offices. Thus, under Alternative 4, a retail use (commercial/restaurant/office) equivalent to 170,000 sf (0.3 FAR), equally apportioned, could reasonably be expected to occur in the foreseeable future if the Project were not approved. (b) Reasons for Rejecting Alternative Under Alternative 4, a development of this usage and size would likely have increased traffic, global warming/climate change, noise, and air quality impacts, but have similar impacts related to aesthetics and biological resources, when compared to the Project. Development under Alternative 4 would not reduce any of the impacts associated with the Project. Alternative 4 would meet the City's objectives of implementing the Harveston Specific Plan and providing employment opportunities, however, it would not meet the applicant's objectives to better serve the existing Mercedes-Benz customer base in the City, and would not meet the applicant's objective to expand Mercedes' market share in Riverside County and the Temecula area. For these reasons, the Planning Commission rejects this alternative as infeasible. ' 5. Alternative 5 -Alternative Development as Office Use on the Project Site (a) Summary of Alternative The Project site has been designated as Service Commercial within the Harveston Specific Plan. As detailed in the Harveston Specific Plan, this designation is specifically intended to provide for intensive commercial uses and is also zoned to potentially accommodate the development of offices. Development under the Alternative 5 scenario would include office building(s) totaling approximately 283,000 sf (0.5 FAR) on the Project site. (b) Reasons for Rejecting Alternative Development under Alternative 5 would likely result in similar aesthetic and biological resources impacts compared to the proposed Project. It is likely that traffic impacts under Alternative 5 would increase, and thus, noise, global warming/climate change and air quality impacts would increase. Development under Alternative 5 would not reduce any of the impacts associated with the Project. Alternative 5 would meet the City's objectives of implementing the Harveston Specific Plan and providing employment opportunities, however, it would not meet the applicant's objectives to better serve the existing Mercedes-Benz customer base in the City, and would not meet the applicant's objective to expand Mercedes' market share in Riverside County and the Temecula area. For these reasons, the Planning Commission rejects this alternative as infeasible. 6. Alternative 6 -Reduced Office Use Development on the Project (a) Summary of Alternative The Project site has been designated as Service Commercial within the Harveston Specific Plan. As detailed in the Harveston Specific Plan, this designation is specifically intended to provide for intensive commercial uses and is also zoned to potentially accommodate the development of offices. Development under the Alternative 6 scenario would include office building(s) totaling approximately 170,000 sf (0.3 FAR) on the Project site. (b) Reasons for Rejecting Alternative Development under Alternative 6 would likely result in reduced air quality and noise impacts compared to the proposed Project. It is likely that traffic impacts under Alternative 6 would increase. The level of impacts associated with the other areas analyzed would be similar to those of the proposed Project. Although development under Alternative 6 would reduce some of the impacts associated with the Project and meet the City's objectives of implementing the Harveston Specific Plan and providing employment opportunities, it would not meet the applicant's objectives to better serve the existing Mercedes-Benz customer base in the City, and would not meet the applicant's objective to expand Mercedes' market share in Riverside County and the Temecula area. For these reasons, the Planning Commission rejects this alternative as infeasible. C. Environmentally Superior Alternative Of the alternatives evaluated above, the No Project Alternative is the environmentally superior alternative with respect to reducing impacts created by the proposed project. The CEQA Guidelines also require the identification of another environmentally superior alternative if the No Project alternative is the environmentally superior alternative. Of the five remaining project alternatives, Alternative 2, the Reduced Project Alternative is the environmentally superior alternative. However, Alternative 2 would not fully achieve all of the Project objectives, and is therefore rejected. D. The Project As Proposed 1. Summary of Project The Project is described in detail in the SEIR. 2. Reasons for Selecting Project as Proposed The Planning Commission has carefully reviewed the attributes and environmental impacts of all the alternatives analyzed in the EIR and has compared them with the proposed Project. The Planning Commission finds that each of the alternatives is infeasible for various environmental, economic, technical, social, or other reasons set forth above. The Planning Commission further finds that the Project as proposed is the best combination of features to serve the interest of the public and achieve the project goals. More specifically, the proposed Project will implement the commercial element of the Harveston Specific Plan by providing ahigh-end Mercedes-Benz facility of high architectural quality that will be aesthetically pleasing and energy efficient with LEED certification. The proposed Project would also provide employment opportunities in the City of Temecula and enhance the quality of life of Temecula residents by balancing economic development objectives with protection of the environment. Finally, the proposed Project will promote high-end economic activity within the City to maintain a healthy economy, provide revenue for high quality municipal services and infrastructure maintenance and improvements. For all of these reasons, the Planning Commission selects the Project as proposed. EXHIBIT B Statement of Overriding Considerations The following Statement of Overriding Considerations is made in connection with the proposed approval of the Fletcher Jones Mercedes-Benz of Temecula Project (the "Project"). CEQA requires the decision-making agency to balance the economic, legal, social, technological or other benefits of a project against its unavoidable environmental risks when determining whether to approve a project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered acceptable. CEQA requires the agency to provide written findings supporting the specific reasons for considering a project acceptable when significant impacts are unavoidable. Such reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record. The reasons for proceeding with this Project despite the adverse environmental impacts that may result are provided in this Statement of Overriding Considerations. The Planning Commission finds that the economic, social and other benefits of the Project outweigh the significant and unavoidable construction noise direct and cumulative impact, the cumulative air quality impact, and the direct and cumulative traffic impacts. In making this finding, the Planning Commission has balanced the benefits of the Project against its unavoidable impacts and has indicated its willingness to accept those adverse impacts. The Planning Commission finds that each one of the following benefits of the Project, independent of the other benefits, would warrant approval of the Project notwithstanding the unavoidable environmental impacts of the Project. A. The Planning Commission finds that all feasible mitigation measures have been imposed to either lessen Project impacts to less than significant or to the extent feasible, and furthermore, that alternatives to the Project are infeasible because they generally have similar or greater impacts, or do not provide the benefits of the Project, or are otherwise socially or economically infeasible as fully described in the Statement of Facts and Findings. B. The development of the Fletcher Jones Mercedes-Benz automobile dealership would provide the residents of Temecula and the surrounding area an additional source of new temporary employment opportunities in the construction trades and short-term/permanent employment opportunities in high-end retail and service jobs which would in turn stimulate the local economy. C. The proposed Project would generate additional sales tax revenues and would promote general economic welfare within the City. D. The Fletcher Jones Mercedes-Benz dealership would enhance the quality of life of Temecula residents by balancing economic development objectives with protection of the environment and the health and safety of the community. E. The proposed Project would implement the commercial element of the Harveston Specific Plan with a use that will provide desired services to the residents of Temecula and enhance the Specific Plan area and would be compatible with the surrounding Harveston residential community. The Planning Commission finds that the foregoing benefits provided through approval of the Fletcher Jones Mercedes-Benz of Temecula Project outweigh the identified significant adverse environmental impacts. The Planning Commission further finds that each of the individual Fletcher Jones Mercedes-Benz of Temecula Project benefits discussed above outweighs the unavoidable adverse environmental effects identified in the Final EIR and therefore finds those impacts to be acceptable. The Planning Commission further finds that each of the benefits listed above, standing alone, is sufficient justification for the Planning Commission to override these unavoidable environmental impacts. EXHIBIT C MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Monitoring and Reporting Program Pursuant to Section 21081.6 of the Public Resources Code and the CEQA Guidelines Section 15097, a public agency is required to adopt a monitoring and reporting program for assessing and ensuring compliance with any required mitigation measures applied to a proposed development. As stated in the Public Resources Code: °...tire public agency shall adopt a program for monitoring or reporting on the revisions which it has required in the project and fhe measures it has imposed to mitigate or avoid sign cant environmental effects." Section 21081.6 provides general guidelines for implementing mitigation monitoring programs and indicates that specific reporting and/or monitoring requirements, to be enforced during project implementation, shall be defined prior to final certification of the EIR. The public agency may delegate reporting or monitoring responsibilities to another public agency or a private entity, which accept delegations. The lead agency, however, remains responsible for ensuring that implementation of the mitigation measures occur in accordance with the program. The mitigation monitoring table below lists mtigation measures required.of the project in order to reduce the significant effects of the project. These measures will also be included as conditions of approval for the project. These measures correspond to those discussed in Sections 3.1 through 3.6 of the Draft Supplemental EIR; and reflect any revisions in this document. To ensure that the mitigation measures are properly implemented, a monitoring program has been devised which identifies the timing and responsibility for monitoring each measure. The applicant will have the responsibility for implementing the measures, and the various City of Temecula departments will have the primary responsibility for monitoring and reporting the implementation of the mitigation measures. This Mitigation Monitoring and Reporting Program (MMRP) is set up as a compliance report, with space for confirming the correct mitigation measures have been implemented for the Fletcher Jones Mercedes-Benz of Temecula project. In order to sufficiently track and document the status of mitigation measures, the matrix below has been prepared with the following components: • Mitigation measure , • Monitoring phase • Enforcement agency • Monitoring agency • Action Indicating Compliance • Verification of Compliance (for use during the reporting/monitoring) Information pertaining to compliance with mitigation measures or any necessary modifications and rafinements will be documented in the verification of compliance portion of the matrix. The mitigation matrix follows this section. The City proceeded with a Supplemental Environmental Impact Report ("SEIR") for the Fletcher Jones Mercedes-Benz Project pursuant to CEQA Guideline 15163 because the project site falls within the Harveston Specific Plan which was the subject of a separate EIR (SCH# 1999041033) raaale<.Ia,es Mercetlaa-Bete MTemaCUla ~ 1 ES4l D20T161 M0lgglip,111onllatlry bM ReparltR7 Pmpnan , ,halo 2008 Mitigatbn Monitorirq Program Compliance Report and only minor additions would lie necessary to make this previously certified EIR adequately apply with regard to the Mercedes-Benz Project. In addition, a Supplemental EIR is in compliance with CEQA for the Fletcher Jones Mercedes- Benz Project because the conditions as described in Public Resouroes Cotle 21166 and in CEQA Guidelines 15162 and 15163 exist because the development of a Mercedes-Benz dealership on the Project site constitutes new information of substantial importance that was not known at the time of the previous Harveston Specific Plan EIR, and the development of the Mercedes-Benz Project causes one or more potentially significant effects not previously addressed in the Specific Plan EIR. The previous Harveston Specific Plan EIR invdlved extensive environmental review on a variety of environmental topics for both the current project site as well as the surrounding area covered by the Harveston Specific Plan. As such, the Mitigation Monitoring and Reporting Program for the prior Specific Plan EIR is hereby incorporated by reference to the extent any mitigation measures articulated in the Mitigation Monitoring and Reporting Progrem are applicable to the Mercedes- Benz Project site. In addition, the mitigation measures in this Specific Plan EIR Mitigation Monitoring and Reporting Program will be adopted as conditions of approval of the Fletcher Jones Mercedes-Benz Project to the extent they are applicable to the project site. However, no mitigation measures regarding afair-share contribution to regional traffic improvements systems shall be applicable to the Mercedes-Benz Project as this fair-share contribution has been satisfied by the original developer applicant. 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