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HomeMy WebLinkAbout010709 PC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JANUARY 7, 2009 - 6:00 PM Next in Order: Resolution: 2009-01 CALL TO ORDER: Flag Salute: Commissioner Carey Roll Call: Carey, Chiniaeff, Guerriero, Harter, and Telesio PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three-minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of November 19, 2008 1.2 Approve the Minutes of December 17, 2008 1 COMMISSION BUSINESS 2 Elect a New Chair and Vice Chair PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 3 Planning Application Nos. PA08-0176 and PA08-0228, a Development Plan to construct a 125,810 square foot five-story full service hotel (Crowne Plaza) on a 3.6 acre site, and a Conditional Use Permit to authorize a Type-47 (on-sale general) ABC license to allow for the service of beer, wine and distilled spirits for consumption on the premises, located east of Jefferson Avenue, west of Interstate-15 and approximately 500 feet north of Rancho California Road. Katie Innes RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0176, A DEVELOPMENT PLAN TO CONSTRUCT A 125,810 SQUARE FOOT, FIVE- STORY FULL SERVICE HOTEL (CROWNE PLAZA), CONSISTING OF 168 GUEST ROOMS AND SUITES, A GRAND BALLROOM, RESTAURANT AND COCKTAIL LOUNGE, GYM/HEALTH SPA AND OUTDOOR TERRACE, ON A 3.6 ACRE SITE ZONED HIGHWAY TOURIST COMMERCIAL (HT), LOCATED EAST OF JEFFERSON AVENUE, WEST OF INTERSTATE 15, AND APPROXIMATELY 500 FEET NORTH OF RANCHO CALIFORNIA ROAD (APN 921-060-055) 3.2 Adopt a resolution entitled: PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0228, A CONDITIONAL USE PERMIT TO AUTHORIZE A TYPE-47 ABC LICENSE WHICH WOULD ALLOW FOR THE SALE, SERVICE AND CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS ON THE PREMISES AT CROWNE PLAZA HOTEL IN THE RESTAURANT AND COCKTAIL LOUNGE, ROOMS AND SUITES 2 FOR ROOM SERVICE, AND IN THE CABINET BARS, LOCATED EAST OF JEFFERSON AVENUE, WEST OF INTERSTATE 15, AND APPROXIMATELY 500 FEET NORTH OF RANCHO CALIFORNIA ROAD (APN 921-060-055) REPORTS FROM COMMISSIONERS REPORTS FROM PLANNING DIRECTOR ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, January 21, 2009, 6:00 P.M. City Council Chambers, 43200 Business Park Drive, Temecula, California. The entire agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. The packet will be available for viewing the Friday before the Planning Commission meeting after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at cityoftemecula.org. 3 i ITEM 1 I ill I MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION NOVEMBER 19, 2008 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 p.m., on Wednesday, November 19, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE Commissioner Carey led the audience in the Flag salute ROLL CALL Present: Commissioners: Carey, Chiniaeff, Guerriero, Harter, and Telesio Absent: None. PUBLIC COMMENTS No comments at this time. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of October 15, 2008 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File Director's Hearing Summary Report MOTION: Commissioner Chiniaeff moved to approve the Consent Calendar. Commissioner Guerriero seconded the motion and voice vote reflected unanimous approval. It was the consensus of the Planning Commission to address public hearing Item No. 4 before Item No. 3. PUBLIC HEARING ITEMS 4 Planning Application No. PA08-0183 a Minor Conditional Use Permit to authorize EONS Gaming to have an indoor video gaming facility located within a 3,866 square foot unit at 41533 Margarita Road Suite M101 in the Bel Villaggio shopping center, Dana Schuma RAMinutesPC\111908 1 RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION 08-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0183, A MINOR CONDITIONAL USE PERMIT TO AUTHORIZE EONS GAMING TO OPERATE AN INDOOR VIDEO GAMING FACILITY WITHIN A 3,866 SQUARE FOOT UNIT LOCATED AT 41533 MARGARITA ROAD, SUITE M101, IN THE BEL VILLAGGIO SHOPPING CENTER (APN 921-830-015) Case Planner Schuma, by way of PowerPoint Presentation, highlighted the following main components of staff report: • Project Description • Location • Background • Statement of Operations • Analysis • Recommendation For Commissioner Guerriero, Case Planner Schuma advised that the hours of curfew will be posted on the front window of the proposed facility and noted that staff would have the ability to amend the condition to include hours of curfew within the facility as well. Commissioner Chiniaeff would be desirous of MAX FPS Gaming requiring that minors be picked up by 10:00 p.m., rather than MAX FPS encouraging that minors be picked up by 10:00 p.m. For Commissioner Carey, Case Planner Schuma noted that the Police Department did not raise issues of concern with the previously approved gaming facility. Chairman Telesio requested that the language in the Conditions of Approval indicate that a child below a certain level of age (12 and under) be accompanied by a parent/guardian. At this time, the public hearing was opened. Mr. Adam Burkhalter, applicant, noted that the common area will be used for special events; that patrons will not be able to utilize the internet except for pre-downloaded games; that one adult will be in every game room at all times; and that kids 12 and under will be required to be supervised at all times. Opposing the proposed project, Ms. JoEllen Johnson and Mr. Brad Johnson, relayed their frustration with the proposed project being located in the same center as their business (gaming facility), noting that it would be a detriment to their business. RAMinutesPC\111908 2 In response to Chairman Telesio's query, Assistant City Attorney Curley advised that the Planning Commission is being requested to examine land use issues, noting that leasing issues would be between the owner and tenants. At this time, the public hearing was closed. Understanding Mr. and Mrs. Johnson's concern, Commissioner Chiniaeff noted that it would not be the Planning Commission's purview to decide what tenants occupy the center. MOTION: Commissioner Chiniaeff moved to approve staff recommendation subject to the applicant installing additional signage inside and outside the building with respect to the work requiring that minors be picked up by 10:00 p.m.; that a parent/guardian be accompanied by a minor 12 years and younger at all times. Commissioner Guerriero seconded the motion and voice vote reflected unanimous approval. Chairman Telesio relayed the rules and regulations of the public speaking process. 3 Santa Margarita Annexation General Plan Amendment and Zone Change RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION 08-52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE SANTA MARGARITA AREA ANNEXATION, ADOPT FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE SANTA MARGARITA AREA ANNEXATION OF APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY (PA07-0225 AND PA07-0226) 3.2 Adopt a resolution entitled: PC RESOLUTION 08-53 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA TAKE VARIOUS ACTIONS RELATED TO ANNEXATION OF THE SANTA MARGARITA AREA LOCATED TO THE SOUTH AND EAST OF THE EXISTING CITY BOUNDARY RAMinutesPC\111908 3 By way of PowerPoint Presentation, Principal Planner Brown highlighted the following: • Purpose of Request • Location • Aerial View • Ownership • Santa Margarita Ecological Reserve • Existing Riverside County General Plan • Existing City of Temecula General Plan • Existing Riverside County Zoning • Chronology • Annexation Objective 1 • Annexation Objective 2 • Annexation Objective 3 • Noticing Requirements In response to Commissioner Chiniaeff's query, Principal Planner Brown noted that it would be staff's opinion that development of the site would be very problematic due to the issues of inadequate water, circulation, two points of access, extreme environmental sensitivity of the property, and providing infrastructure to the site. Providing more information for Commissioner Chiniaeff, Deputy Director of Public Works York advised that the roads are not built to City standards and will not be maintained or incorporated into the City's maintained system; that the City employs a building permit issuance policy for lots on dirt roads which is based on Section 15 of the Municipal Code which follows the 2007 California Fire Code which sets requirements for widths of roads and the type of road servicing that would be needed to be set in place; that according to the City's policy and the Municipal and State Code, roads would have to be constructed to the nearest approved paved intersection, noting that it would not preclude a development from occurring, but the developer would be required to install the infrastructure before acquiring a building permit. With respect to child care facilities and elderly centers being a permitted use in the matrix, Principal Planner Brown advised that these would be determined by State Law, noting that the City does not have a say in how children and elderly facilities are permitted. Deputy Director of Public Works York stated that the City's policy would be consistent with the State's Fire Code, noting that the County would also have to be consistent with the State's Fire Code. At this time, the Planning Commission took a 10-minute break. The following individuals spoke in favor of the City Council taking actions related to annexation of the Santa Margarita area: • Ms. Gloria Jacobsen, Temecula • Mr. Kerry Mayer, De Luz • Mr. Jim Mitchell, Temecula • Ms. Jerri Armanda, Rainbow • Mr. Rag Watts, Delos • Mr. Joseph Terrazzo, Temecula RAMinu1esPC\111908 4 • Mr. Mike Jurkosky, Rainbow • Ms. Kathleen Hamilton, Temecula • Mr. Ray Johnson, Temecula • Mr. Jim Brady, DeLuz • Ms. Barbara Wilder, Temecula • Mr. Clif Hewlett, Temecula • Dr. Matt Rahn, San Diego • Ms. Pam Grender, Temecula • Ms. Vicki Long, Murrieta • Mr. Robert Martinez, Temecula • Mr. Frank Staudewmajer • Mr. Chris Knierin, Temecula • Mr. Tom Bond, Pala • Mr. Greg Krzys, Temecula • Mr. Fred Bartz, Temecula The above-mentioned individuals spoke in favor of the City Council taking actions related to annexation of the Santa Margarita area for the following reasons: • That it would be important to maintain the high level of air quality that the City currently holds • That the hills of southwest Temecula are the heart of Temecula • That it would be important to maintain open space for future generations to enjoy • That the Sierra Club would consider the area under consideration to be one of the most environmentally valuable areas of Southern California; and that the Southwest Riverside County Sierra Club would be in full support of the proposed recommendation • That the Santa Margarita River has been called one of the most biologically important rivers in the State • That Santa Margarita Homeowners Association strongly supports the annexation by the City of Temecula • That the Wolf Valley Homeowners Association would be in full support of an annexation • That Save our Southwest Hills strongly supports the annexation considered by the City Council • That the Santa Margarita area would be the last remaining corridors that would connect to the Santa Ana Mountains, Palomar Mountains, and the San Jacinto Mountains • That the area in questions would be an extremely important wildlife corridor that would need to be preserved • That the Santa Margarita River would be the last free flowing protected river in Southern California • That the Santa Margarita River houses endangered and sensitive species The following individuals spoke against the City Council taking actions related to annexation of the Santa Margarita area: • Mr. Stephen Bledsoe, Pasadena • Mr. Julio Baroque, Riverside • Mr. David Tebaldi, Sacramento • Mr. Ray Wolfe • Mr. Vince Davis, Temecula RAMinutesPC\111908 5 • Mr. O.B. Johnson, Murrieta • Mr. Gary W. Johnson, Murrieta • Mr. Gary Nolan, Oceanside • Mr. Malcolm Driggs, Perris • Mr. Lee Haven, Indian Wells • Mr. Ralph Caracoza, Murrieta • Mr. Bob Kowell, Murrieta • Mr. Warren Coalson, San Diego • Ms. Adele Harrison, Temecula • Mr. Richard Brady, Fallbrook • Mr. Russell Keem, Redland • Mr. Derek Hull, County of Riverside Planning Department • Ms. Marcie Bedoian, Hemet • Mr. R.A. Bennett, Temecula • Mr. Stephen Tapley, Temecula • Mr. Gary Harrison, Temecula • Mr. Gregory Melvin, Temecula • Mr. Mike Caples, Lake Elsinore The above-mentioned individuals spoke against the City Council taking actions related to annexation of the Santa Margarita area for the following reasons: • That an annexation of the Santa Margarita area would diminish and/or prevent the development of an important local resource for aggregate • That each Californian utilizes seven (7) tons of aggregate a year • That without new resources current reserves will erode away and aggregates will be forced to be hauled from many miles • That transportation of aggregate doubles the price of its purchase • That the Laborer's Union would be opposed to the consideration of annexation • That the annexation will prevent a mining quarry which will prevent many job opportunities for citizens • That the City is not currently following all necessary procedures to reach a proposal to the City Council to take action related to annexation of the Santa Margarita area • That aggregate resources are diminishing and it would be important to implement new aggregate quarries • That the California Department of Transportation strongly supports the implementation and development of aggregate resources in California, noting that without additional and accessible aggregate sites, the delivery pace of aggregate will diminish • That Friends of Liberty strongly oppose the annexation process • That annexing the Santa Margarita River will rob Riverside County of an important aggregate source • The benefits of an aggregate quarry in the region will diminish the traveling of large trucks on the road, will diminish the cost of aggregate, will create jobs for local residents, and will reduce fuel emissions • That an annexation by the City of Temecula will be detrimental to the mining opportunities that are desperately needed • That Granite Construction would strongly oppose the annexation process • That if the annexation process is approved, it will cause a significant problem for Southern California RAMinutesPC\111908 6 • That the consideration of the proposed annexation would not serve a purpose other than to impede private development rights • That the County of Riverside has not taken a position on the proposed project • That the County of Riverside would be of the opinion that the draft EIR would be inadequate because it would not provide a reasonable range of alternatives with which decision makers can prepare and way the potential environmental consequences of the proposed project • That the proposed draft EIR would also fail to meet the requirements of CEQA guidelines Section 15126; that the draft EIR should look at the feasibility of the proposed alternatives among which would be the availability of infrastructure; additionally, the draft EIR fails to adequately analyze the environmental impacts including displacement that results from prohibiting surface mining operations; that the draft EIR should address any potential significant impacts that could result to traffic and air quality from prohibiting surface mining Understanding the comments made by both sides of the proposed project, the Planning Commission advised that it would be their duty to ensure that the information prepared by staff would be adequate to submit to the City Council to pursue the various actions related to the annexation of the Santa Margarita area. At this time, Assistant City Attorney Curley explained the CEQA guidelines 15202 and 15204. For the Planning Commission, Principal Planner Brown explained the Fiscal Impact Analysis. MOTION: Commissioner Chiniaeff moved to approve PC Resolution 3.1 Commissioner Guerriero seconded the motion and voice vote reflected unanimous approval. MOTION: Commissioner Chiniaeff moved to approve PC Resolution 3.2. Commissioner Guerriero seconded the motion and voice vote reflected unanimous. Item No. 4 was addressed on pages 2 and 3. 4 Planning Application No. PA08-0183, a Minor Conditional Use Permit to authorize EONS Gaming to have an indoor video gaming facility located within a 3,866 square foot unit at 41533 Margarita Road, Suite M101 in the Bel Villaggio shopping center RECOMMENDATION: 4.2 Adopt a resolution entitled: PC RESOLUTION NO. 08-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0183, A MINOR CONDITIONAL USE PERMIT TO AUTHORIZE EONS GAMING TO OPERATE AN INDOOR VIDEO GAMING FACILITY WITHIN A 3,866 SQUARE FOOT UNIT LOCATED AT 41533 MARGARITA ROAD, SUITE M101, IN THE BEL VILLAGGIO SHOPPING CENTER (APN 921-830-015) R1MinutesPC\111908 7 COMMISSIONERS' REPORTS No reports at this time. PLANNING DIRECTOR'S REPORT No reports at this time. ADJOURNMENT At 9:40 p.m., Chairman Telesio formally adjourned to December 3. 2008 at 6:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. John Telesio Debbie Ubnoske Chairman Director of Planning RAMinutesPC\111908 8 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION DECEMBER 17, 2008 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 p.m., on Wednesday, December 17, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE Commissioner Harter led the audience in the Flag salute ROLL CALL Present: Commissioners: Carey, Guerriero, Harter, and Telesio Absent: Chiniaeff PUBLIC COMMENTS None CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of November 5, 2008 2 Director's Hearino Summary Report RECOMMENDATION: 2.1 Receive and File Director's Hearing Summary Report MOTION: Commissioner Harter moved to approve the Consent Calendar. Commissioner Guerriero seconded the motion and voice vote reflected approval with the exception of Commissioner Chiniaeff who was absent. COMMISSION BUSINESS 3 Amendment to Affordable Housing Condition of Approval for Temecula Lane, Planning Application Nos PA04-0490 (Vesting Tentative Map) PA04-0491 (Conditional Use Permit), and PA04-0492 (Development Plan) 1 RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 08-54 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING A REVISION TO THE CONDITIONS OF APPROVAL FOR TEMECULA LANE REVISING CONDITION OF APPROVAL NO. 11 FOR PA04-0490, VESTING TENTATIVE MAP (RESOLUTION 06-06) AND CONDITION OF APPROVAL NO. 18 FOR PA04-0491 AND PA04-0492, CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN, TO PROVIDE ELEVEN (11) VERY LOW INCOME HOUSING UNITS INSTEAD OF 86 MODERATE INCOME HOUSING UNITS AT THE TEMECULA LANE PROJECT LOCATED AT THE NORTHEAST CORNER OF LOMA LINDA ROAD AND TEMECULA LANE By way of PowerPoint Presentation, Deputy Planning Director Richardson highlighted on the following: • Project Description • Background • Recommendation MOTION: Commissioner Guerriero moved to approve staff recommendation. Commissioner Carey seconded the motion and voice vote reflected approval with the exception of Commissioner Chiniaeff who was absent. Due to a conflict of interest, Commissioner Harter recused himself from the dais. 4 Planning Application Nos. PA06-0205 and PA07-0309, a Development Plan for the construction of 3 two-story buildings, Rancho Pueblo Planned Development Overlay (PDO- 6) Amendment, and a Minor Exception for parking, generally located 425 feet east of Jedediah Smith Road on Temecula Parkway RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 08-55 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0205, A DEVELOPMENT PLAN TO CONSTRUCT THREE PROFESSIONAL BUILDINGS TOTALING 64,460 SQUARE FEET IN THE RANCHO PUEBLO PLANNED DEVELOPMENT OVERLAY (PDO-6), AND PLANNING APPLICATION NO. PA08- 0273, A MINOR EXCEPTION TO ALLOW FOR A REDUCTION IN PARKING, LOCATED ON THE NORTH SIDE OF TEMECULA PARKWAY, APPROXIMATELY 425 FEET EAST OF JEDEDIAH SMITH ROAD (APN 959-060- 007) 2 4.2 Adopt a resolution entitled: PC RESOLUTION NO. 08-56 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.22 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING CITYWIDE STANDARDS FOR A ZONING AMENDMENT TO ADD PLANNING AREA C TO THE RANCHO PUEBLO PLANNED DEVELOPMENT OVERLAY (PDO-6) (PLANNING APPLICATION NO. PA07-0309)" Case Planner Jones, by way of PowerPoint Presentation, highlighted the following main components of staff's report: • Project Description • Location • Site Plan • Architecture - Building 1 • Architecture - Building 2 • Architecture - Building 3 • Fountain • Landscaping • Minor Exception • PDO Amendment • Environmental Determination • Condition of Approval Revision • Recommendation For Commissioner Carey, Case Planner Jones stated that the environmental study was performed when the original PDO was developed. At this time, the public hearing was opened. Mr. Jim Griffin, on behalf of the applicant, stated that he would be in agreement of all Conditions of Approval and would look forward to moving the project forward. At this time, the public hearing was closed. MOTION: Commissioner Guerriero moved to approve staff recommendation. Commissioner Carey seconded the motion and voice vote reflected approval with the exception of Commissioner Chiniaeff who was absent and Commissioner Harter who abstained. 3 COMMISSIONERS' REPORTS Commissioner Carey expressed concern with the amount of used RV's for sale on Temecula Parkway adjacent to Rancho Community Church, and advised that a three-way stop on the loop road across J.C. Penny's is lacking a stop sign. With respect to a stop sign on the loop, Deputy Director of Public Works York noted that he will explore the concern. PLANNING DIRECTOR'S REPORT Director of Planning Ubnoske wished the Commission and staff a Merry Christmas and Happy New Year. ADJOURNMENT At 6:17 p.m., Chairman Telesio formally adjourned to January 7, 2008 at 6:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. John Telesio Debbie Ubnoske Chairman Director of Planning 4 i ' I, i i i ITEM 2 i COMMISSION BUSINESS ELECT A NEW CHAIR AND VICE CHAIR i i I it i ITEM 3 i STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: January 7, 2009 PREPARED BY: Katie Innes, Case Planner PROJECT Planning Application Number PA08-0176, a proposed Development SUMMARY: Plan to construct a 125,810 square foot, five-story full-service hotel (Crowne Plaza), consisting of 168 guest rooms and suites, a grand ballroom, restaurant and cocktail lounge, gym/health spa and outdoor terrace, on a 3.6 acre site zoned Highway Tourist Commercial (HT), and Planning Application No. PA08-0228, a Conditional Use Permit to authorize a Type-47 ABC license for the premises which will allow for the sale, serving and consumption of beer, wine and distilled spirits in the restaurant and cocktail lounge, rooms and suites for room service, and in the cabinet bars located within the guest rooms/suites, located east of Jefferson Avenue and approximately 500 feet north of Rancho California Road RECOMMENDATION: Approve with Conditions CEQA: Mitigated Negative Declaration w/ Monitoring Plan PROJECT DATA SUMMARY Name of Applicant: Mr. David Krzywicki for TDK Development representing Mr. Tony Lee for WellProfit International, LLC. General Plan Highway Tourist Commercial (HT) Designation: Zoning Designation: Highway Tourist Commercial (HT) Existing Conditions/ Land Use: Site: Vacant 3.6 acre parcel North: Existing retail center, restaurant and hotel (Springhill Suites) zoned Highway Tourist Commercial (HT) South: Existing retail center, gas station and hotel (Hampton Inn) zoned Highway Tourist Commercial (HT) East: Interstate-15 West: Jefferson Avenue and Murrieta Creek zoned Open Space Conservation (OS-C) 1 Existing/Proposed Min/Max Allowable or Required Lot Area: Approximately 3.6 acres N/A (156,816 square feet) Total Floor Area/Ratio: 0.80 0.30 Target FAR/1.0 Maximum Landscape Area/Coverage: 20%-31,532 square feet 20% minimum required Parking Required/Provided: 190 spaces required 122 standard spaces 68 tandem spaces 6 motorcycle spaces Total: 193 spaces provided BACKGROUND SUMMARY Planning Application No. PA08-0176 was submitted on August 11, 2008. A Development Review Committee (DRC) meeting was held on September 11, 2008 with the applicant, property owner, engineer and architect to discuss staff comments. Staff provided direction and feedback. A DRC letter summarizing the meeting discussion was sent to the applicant on September 25, 2008. The letter discussed site design concerns, parking requirements and the need for valet service. The letter also requested additional detail as to how the project would comply with the intensity bonus justification requirements to allow for the proposed increase in Floor Area Ratio over the target. Landscape and architectural comments were also provided. Additionally, the DRC letter outlined a number of environmental studies that were required in order to complete further environmental analysis required by CEQA. The requested studies included a traffic study to ensure that the potential traffic impacts would not create an unmitigable impact on Jefferson Avenue and the adjoining roadway network. The DRC letter also requested that the applicant indicate if alcohol would be served at the proposed hotel and restaurant facility since alcoholic beverage sales require the approval of a Conditional Use Permit in the Highway Tourist Commercial zone. The plans for the Development Plan were re-submitted on September 29, 2008. On this same date, the applicant submitted a Conditional Use Permit to authorize a Type-47 (on-sale general) ABC license which would allow for the sale of beer, wine and distilled spirits for consumption on the premises. A DRC letter was sent back to the applicant on October 23, 2008. Another re- submittal of the Development Plan was accepted on December 2, 2008. During the DRC process, staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval for the project. ANALYSIS Development Plan Site Plan Crowne Plaza Hotel is a 125, 810 square foot, full-service hotel which consists of 168 guest rooms and suites, an outdoor hospitality terrace, grand ballroom, meeting and conference rooms, a full-service restaurant, cocktail lounge, and health club/spa. The project is proposed to be constructed on a vacant 3.6 acre parcel located within the Highway Tourist Commercial zoning district. The project site is located east of Jefferson Avenue, west of Interstate-15 and 2 approximately 500 feet north of Rancho California Road. The project is bordered to the south by another existing hotel, Hampton Inn, and a retail shopping center. To the north, the project is bordered by another retail shopping center, restaurant and hotel (Springhill Suites) which is currently under construction. The proposed hotel structure is oriented toward the front of the site to minimize the amount of parking in the front of the building and provide ample visibility from Jefferson Avenue. The project meets the minimum parking requirements pursuant to Development Code Section 17.24.040. The Development Code requires one space for every room or suite, and requires one space for every 300 square feet of ancillary meeting room/ballroom space. There are 193 parking spaces total provided on-site, and based upon the requirements in the Development Code, 190 spaces are required. Of the 193 spaces provided, 122 of the spaces are standard parking spaces, and 68 are tandem valet spaces. There are also six motorcycle spaces provided, which equal three parking space credits. Development Code Section 17.24.020 allows for full-service hotels to utilize tandem parking spaces, which count toward meeting the minimum parking requirements, when 24-hour valet service is provided. Valet service will be provided to and from the main entrance of the hotel to accommodate guests staying at the hotel. The site layout also includes a landscaped round- about at the main entry of the building to enhance the view from the south entry drive and provides a hospitable ambiance for guests dropping off their cars for valet service. The proposed project exceeds the target Floor Area Ratio (FAR) of 0.30 for the Highway Tourist Commercial zoning district. The proposed FAR for the project is 0.80. Considering the nature of hotel uses, which often require larger building square footages and multiple stories, an FAR that exceeds the target of 0.30 is typical for such a use. Additionally, the Development Code provides a maximum FAR of 1.0 for the Highway Tourist Commercial zone, and the project does not propose to exceed the maximum FAR for the zone. Although the project does not exceed the maximum FAR, the Development Code requires one density bonus justification measure from each category, as outlined in the Ordinance, to be incorporated into the project design since the FAR proposed exceeds the target of 0.30. In order to justify the proposed FAR of 0.80, the project incorporates justification criteria from each of the four required categories: community benefit, conservation, amenities and landscape and art. The proposed project meets the community benefit justification requirement through the generation of Transient Occupancy Tax. According to information provided by the applicant, the average hotel occupancy rate in Temecula is 70%. At a 70% occupancy rate, it is forecasted that the Crowne Plaza Hotel will generate approximately $6.4 million dollars in room occupancies annually. Approximately 8% of this amount will go back to the City through the collection of the Transient Occupancy Tax. In order to meet the conservation benefit justification, the project proposes to utilize LEED eligible recycled building materials with 20% minimum recycled content. The project has been conditioned to require that the actual material selections will be identified on the building construction plans to be checked in detail for compliance with this requirement by the Planning and Building and Safety Departments. According to the applicant, the details related to the LEED eligible recycled materials have not been identified at this time due to fluctuations in material cost and availability. To meet the amenities justification criteria, the project also includes indoor bicycle storage, lockers, showers and changing rooms within the employee area as a justification for the amenities category. This amenity will encourage employees to bike to and from work. The project also proposes that 42% of the trees installed on-site will be 36" box sized and 58% of the trees will be a minimum of 24" box size. The larger trees sizes meet the landscape and art justification category requirements. 3 The project also proposes to install "green roofs" over the mechanical room and on top of the restroom facilities on the hospitality terrace. The utilization of "green roof' technology may be counted toward fulfilling the conservation FAR justification. However, since the project already proposes to install 20% LEED eligible materials to fulfill the FAR justification requirement for the conservation category, the proposed green roof exceeds the minimum Development Code requirements for the conservation FAR justification. Additionally, as an added project feature, the project proposes to utilize pervious concrete throughout the various parking lot areas as well as permeable pavers at the entry drive and roundabout located at the main entry of the hotel. The pervious concrete and permeable pavers will allow for better storm water management by creating less run-off, reducing the heat island effect otherwise associated with typical paved surfaces, and controlling water quality and pollution. A pool and spa is also located on the northeast side of the site adjacent to the health club/spa. The pool will be enhanced with tables, chairs, and lounge chairs, as well as a number of potted plants for a garden-like setting. The pool and spa will provide an added amenity to Crowne Plaza's guests and will also provide a welcomed spot to cool off and relax. The pool will be surrounded by an eight-foot barrier wall, for privacy and sound attenuation, and softened with heavy landscape plantings and vines. Architecture The architectural style, building materials and color palette proposed for Crowne Plaza Hotel are compatible with the surrounding buildings and structures. The tallest tower element of the building stands 72 feet tall and is consistent with the Development Code requirement. According to the Development Code, the maximum height for buildings in the Highway Tourist Commercial zone is 75 feet. Staff has worked with the applicant to ensure that the architectural style, colors and building materials of the Crowne Plaza Hotel will complement the existing hotels and structures within the immediate vicinity. The building materials include a smooth exterior stucco finish in two complementary colors to highlight the breaks in the wall planes and accentuate the building articulation. The base of the building will be accented with a cultured El Dorado stone veneer to provide aesthetic interest and variation in building material. Horizontal elements, which include heavy cornice elements and pre-cast concrete coping in a contrasting color, provide breaks in the vertical massing of the building. Window placement provides rhythmic openings in the wall planes and varying window designs accentuate the building fagade. Roofline variation is achieved through the use of hip roof elements placed on the towers of the hotel. The largest tower element defines the building's main entry. The roof material is proposed to be constructed from a smoky brown concrete shingle. Further, an outdoor terrace provides added interest to the roofline and a decorative wrought iron railing with ornamental landscaping further enhances the building's overall aesthetic interest and appeal. An understated porte-cochere, which includes a combination glass and concrete shingle roof, is proposed on the south elevation to emphasize the entry of the building and welcome guests as they enter the site from the south driveway. Landscaping The project proposes to install 31,532 square feet of landscaping, which equates to 20% of the overall project site. According to the Development Code, projects constructed in the Highway Tourist Commercial zoning district require at least 20% of the project site to be landscaped. The project meets this requirement. The project proposes to install 90 trees total on the project 4 site. Of the 90 trees installed 38 of the trees are proposed to be 36" box size, and 52 of the trees are proposed to be 24" box size. This is consistent with the requirements for the FAR justification criteria requirements discussed above. A combination of trees, shrubs and groundcover are proposed to enhance the building architecture, provide added interest to the hospitality terrace and soften the building elevations and parking areas. At the front of the site, adjacent to Jefferson Avenue, heavy landscaping is proposed to screen and soften the two rows of parking located at the front of the hotel. The trees to be installed at the front of the project include London Plane Trees, African Sumac and Southern Magnolias. Staff has also ensured that the landscaping installed along the shared northern drive aisle is compatible with the trees installed for Springhill Suites. Bradford Pears are proposed to be installed to match the existing trees planted to the north of the project site. Ornamental landscaping, including Mexican Fan Palms and Italian Cypress trees, are proposed to highlight the main entry of the hotel and pool area. A Canary Island Palm is also proposed to enhance the roundabout located at the building entry. Additional landscaping is proposed to be installed on the outdoor terrace to soften the north side of the building and provide an aesthetically pleasing view from the parking area below. The plantings proposed to be installed on the outdoor terrace include Mediterranean Fan Palms, Bougainvillea and Pink and White Iceberg Rose. The terrace is enhanced with outdoor dining and seating, fire pits and potted plants to add to the outdoor ambiance. Access/Circulation There are two points of access proposed for the project. The first point of access to the project is provided off of Jefferson Avenue from a 30-foot drive aisle located on the south side of the project site. A second point of access is provided on the north side of the site from a reciprocal access easement off of the adjoining Springhill Suites hotel property. The existing temporary access easement that currently bisects the property will be vacated. A new reciprocal access easement is proposed to accommodate the building footprint of Crowne Plaza hotel, while still maintaining vehicular access from the existing Hampton Inn hotel site located to the south of the project site, through the Crowne Plaza hotel site, to the Springhill Suites hotel site located to the north. Vehicular access is provided around the proposed building. The access, circulation and drive aisle configurations have been reviewed by the Fire Prevention Bureau to ensure adequate emergency vehicle access. It has been determined that the circulation and access is adequate for emergency vehicle apparatus to serve the site in the case of an emergency. On-site pedestrian circulation is provided along the entire perimeter of the building to ensure safe on-site access from all parking areas to the hotel. Conditional Use Permit According to the Development Code, businesses selling alcoholic beverages in the Highway Tourist Commercial zone require the approval of a Conditional Use Permit and are subject to the Supplemental Development Standards pursuant to Section 17.10.020 (B) of the Development Code. Planning Application No. PA08-0228 is a Conditional Use Permit to authorize a Type-47 ABC license to allow for the sale, service and consumption of beer, wine and distilled spirits on the premises. This license would allow for the consumption and sale of alcohol within the restaurant and cocktail lounge, as well as in the individual rooms and suites for room service, and within the cabinet bars located within the guest rooms/suites. Staff has 5 consulted with the Department of Alcoholic Beverage control and they have determined that a Finding of Public Convenience or Necessity is not required. ABC has also determined that the Type-47 license is the appropriate license type for this facility. According to the Supplemental Development Standards, businesses selling alcoholic beverages and requiring a Conditional Use Permit shall not be located within 500 feet of any religious institution, school, or public park. Staff has consulted with the City's Geographic Information Systems Department and determined that the project meets the 500-foot sensitive use buffer requirement. The closest sensitive use is Sam Hicks Memorial Park, which is located approximately 1,400 feet away from the proposed hotel project. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on December 21, 2008 and mailed to the property owners within the 800-foot radius (in order to notice at least 30 property owners), although a minimum 600 foot radius is required. ENVIRONMENTAL DETERMINATION Staff has reviewed the proposed project in accordance with the California Environmental Quality Act (CEQA) and based upon the information contained in the Initial Study, the proposed project will not have a significant impact on the environment. All potentially significant environmental impacts have been mitigated to a less than significant level. As a result staff recommends that the Planning Commission adopt a Negative Declaration for this project based upon the following: Pursuant to the California Environmental Quality Act (CEQA), staff prepared an Initial Study of the potential environmental effects of the approval of Planning Application Nos. PA08-0176 and PA08-0228 as described in the Initial Study (the "Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on December 15, 2008, and expired on January 3, 2009. Copies of the documents have been available for public review and inspection at the offices of the Planning Department, located at City Hall, 43200 Business Park Drive, Temecula, California 92589. On December 18, 2008 staff received comments from the Riverside Transit Agency (RTA). RTA's comments indicated that a bus stop is necessary on Jefferson Avenue in front of the project. In order to accommodate RTA's request, the project has been conditioned to require that a bus stop be installed on Jefferson Avenue. The exact location is subject to the approval of RTA. As of December 23, 2008, no additional written comments had been received. The Negative Declaration was prepared in compliance with CEQA. There is no substantial evidence that the Project will have a significant effect on the environment. 6 FINDINGS Development Plan - Development Code Section 17.05.030 (F) The proposed use is in conformance with the General Plan for the City of Temecula and with all applicable requirements of State law and other Ordinances of the City. The proposed five-story hotel is consistent with all applicable goals and policies of the City of Temecula General Plan. According to the General Plan Land Use Element, the Highway Tourist Commercial (HT) land use designation provides for uses located adjacent to major transportation routes to serve the needs to tourist. Typical uses for the HT zone include hotels to further encourage tourism within the city and promote the City of Temecula as a destination resort area. The proposed project also meets all applicable requirements of State law and other Ordinances of the City, including CEQA and the Development Code, as outlined in detail in the staff report. The overall development of the site is designed for the protection of the public health, safety and general welfare. The overall design of the project, including site design, building height, setbacks, parking, circulation, and other associated site improvements are intended to protect the health and safety of those working in and around the site. The project is consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed, and function in a manner consistent with the public health, safety, and welfare. Staff has determined that the project has been properly planned and zoned and, as conditioned, will ensure the continued protection of the public health, safety and welfare. Conditional Use Permit - Development Code Section 17.04.010 (E) The proposed Conditional Use Permit is consistent with the General Plan and the Development Code. The proposal for the Crowne Plaza hotel to serve beer, wine and distilled spirits on the premises requires a Conditional Use Permit in the Highway Tourist Commercial (HT) zoning district. The project, as conditioned is consistent with the General Plan land use designation which anticipates hotel uses in the Highway Tourist Commercial (HT) designation. The proposed conditional use is consistent with the General Plan and Development Code. The Development Code allows for the sale of alcoholic beverages sales subject to a Conditional Use Permit and pursuant to all appropriate Conditions of Approval placed on the permit. Staff has reviewed the Conditional Use Permit and placed Conditions of Approval on the permit as required, to ensure consistency with the General Plan and Development Code. Further, the Development Code requires a 500-foot sensitive use buffer to be provided between the facility selling alcoholic beverages and any school, public park or church. The project has been reviewed by staff and it has been determined that the project meets the 500-feet sensitive use separation requirement. In addition to the minimum 500-foot minimum sensitive use buffer that is required by the Development Code, the proposed use is compatible with the surrounding uses, which include other retail, restaurant and other hotel uses that also serve beer, wine and distilled spirits. 7 The proposed Conditional Use Permit is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed Conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures. The proposed conditional use and associated Development Plan is an in-fill development project which is surrounded by substantially developed uses. The project is bordered by an existing retail center and hotel to the south, another hotel which is currently under construction to the north, and a restaurant and retail center also to the north. The request to serve beer, wine and distilled spirits will not adversely impact the adjacent buildings, structures or uses in the immediate vicinity. The project has been conditioned to ensure that the potentially adverse impacts have been addressed as Conditions of Approval. The conditional use is consistent with the City's Development Code and is compatible with other activities approved or existing in the vicinity of the project site. The proposed use is surrounded by existing retail and commercial uses, as well as other restaurants that have been permitted to sell beer, wine and distilled spirits. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in the Development Code and required by the Planning Commission or council in order to integrate the use with other uses in the neighborhood. The proposed conditional use and associated Development Plan is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features that are required by the Development Code to integrate the conditional use with other uses in the area. The proposed hotel will be constructed on a vacant parcel within the Highway Tourist Commercial district of the City. The parcel is surrounded by substantially developed uses. The addition of the proposed use in this area will not be out of conformance with the Development Code requirements. Adequate parking and landscaping will be provided and the proposed use is anticipated to integrate into the area since the surrounding uses include other retail and commercial uses, including restaurants serving beer, wine and distilled spirits. The project also meets the 500-foot sensitive uses buffer and it has been determined that the project is not within 500 feet of any sensitive uses that may otherwise be impacted by this conditional use. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project, as conditioned will ensure that the use will not adversely affect the surrounding uses, and will not negatively impact the public health safety or welfare of the community. The project is consistent with the goals and policies contained within the General Plan. 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PA08-0176, A DEVELOPMENT PLAN TO CONSTRUCT A 125,810 SQUARE FOOT FIVE-STORY FULL SERVICE HOTEL (CROWNE PLAZA), CONSISTING OF 168 GUEST ROOMS AND SUITES, A GRAND BALLROOM, RESTAURANT AND COCKTAIL LOUNGE, GYM/HEALTH SPA AND OUTDOOR TERRACE, ON A 3.6 ACRE SITE ZONED HIGHWAY TOURIST COMMERCIAL (HT), LOCATED EAST OF JEFFERSON AVENUE AND APPROXIMATELY 500 FEET NORTH OF RANCHO CALIFORNIA ROAD (APN 921-060-055) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 11, 2008 David Krzywicki representing Mr. Tony Lee, filed Planning Application No. PA08-0176, a Development Plan Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the application and environmental review on January 7, 2009, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA08-0176 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the application hereby makes the following findings, as required by Section 17.045.010 (F) (Development Plan), of the City of Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed five-story hotel is consistent with all applicable goals and policies of the City of Temecula General Plan. According to the General Plan Land Use Element, the Highway Tourist Commercial (HT) land use designation provides for uses located adjacent to major transportation routes to serve the needs to tourist. Typical uses for the HT zone include hotels to further encourage tourism within the City and promote the City of Temecula as a destination resort area. The proposed project also meets all applicable requirements of State law and other Ordinances of the City, including CEQA and the Development Code, as outlined in detail in the staff report. B. The overall development of the site is designed for the protection of the public health, safety and general welfare; The overall design of the project, including site design, building height, setbacks, parking, circulation, and other associated site improvements is intended to protect the health and safety of those working in and around the site. The project is consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed, and function in a manner consistent with the public health, safety, and welfare. Staff has determined that the project has been properly planned and zoned and, as conditioned, will ensure the continued protection of the public health, safety and welfare. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan Application: A. Pursuant to California Environmental Quality Act ("CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Development Plan Application, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on December 15, 2008, and expired on January 3, 2009. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall 43200 Business Park Drive, Temecula, California 92590. C. On December 18, 2008, staff received written comments from the Riverside Transit Agency (RTA). RTA's comments indicated that a bus stop is necessary on Jefferson Avenue in front of the project. In order to accommodate RTA's request the project has been conditioned to require that a bus stop be installed on Jefferson Avenue. RTA's written comment(s) were received prior to the public hearing and a response to their comments was made by adding a Condition of Approval to address their request. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the January 7, 2009 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration 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) Mitigated Negative Declaration 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 Mitigated Negative Declaration prepared for this project. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA08-0176, a Development Plan to construct a 125,810 square foot, five-story full service hotel (Crowne Plaza), consisting of 168 guest rooms and suites, a grand ballroom, restaurant and cocktail lounge, gym/health spa and outdoor terrace, on a 3.6 acre site zoned Highway Tourist Commercial (HT), located east of Jefferson Avenue and approximately 500 feet north of Rancho California Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7`h day of January 2009. Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE 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. 09- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 7m day of January 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Debbie Ubnoske, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA08-0176 Project Description: A Development Plan to construct a 125,810 square foot, five-storyfull service hotel (Crowne Plaza), consisting of 168 guest rooms and suites, a grand ballroom, restaurant and cocktail lounge, gym/health spa and outdoor terrace, on a 3.6 acre site zoned Highway Tourist Commercial (HT), located east of Jefferson Avenue and approximately 500 feet north of Rancho California Road Assessor's Parcel No.: 921-060-055 MSHCP Category: Commercial DIF Category: Service Commercial TUMF Category: Service Commercial Approval Date: January 7, 2009 Expiration Date: January 7, 2011 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand Fifty- Seven Dollars ($2,057.00) which includes the One Thousand Nine Hundred Ninety- Three Dollar ($1,993.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty-Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Game Code Section 711.4(c)j. PL-2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. General Requirements PL-3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-4. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-5. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL-6. The Director of Planning may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL-7. The project shall comply with all mitigation measures identified in the Mitigation Monitoring Program incorporated herein by reference as if incorporated herein in full, associated with this Planning Application and contained on file with the City of Temecula Planning Department for PA08-0176 and PA08-0228. PL-8. A separate building permit shall be required for all signage. PL-9. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department for PA08-0176. PL-10. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL-11. The applicant shall paint a three-foot by three-foot section of the building for Planning Department inspection, prior to commencing painting of the building. PL-12. The applicant shall submit to the Planning Department for permanent filing two 8" X 10" glossy photographic color prints of the approved color and materials board and the colored architectural elevations. All labels on the color and materials board and Elevations shall be readable on the photographic prints. PL-13. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. MATERIAL COLOR Smooth stucco # 1 Expo Stucco # 63 + 50% "Sand" Smooth stucco # 2 Expo Stucco # 226 Concrete cornice, plaster trim DE 6225 "Fossil" LRV 81 Metal window mullions Anko "Nobel Beige" Building base - El Dorado Stone "Cliffstone Lantana" Concrete shingle roof Duralite "Smokey"C/T 25KCB 3958 Window glass # 1 Clear glazing - Starphite Ultra Clear Window glass # 2 Tinted glazng - Sunguard LE-63 Clear 6mm PL-14. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. PL-15. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Department a copy of a recorded Reciprocal Use Agreement, which provides for cross-lot access and parking across all lots. PL-16. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved the Director of Planning. PL-17. The applicant shall comply with their Statement of Operations dated December, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-18. Valet Parking shall be provided on-site 24 hours a day during all days of operation. PL-19. Valet service shall be provided to and from the main entry of the hotel. A passenger loading and unloading zone, as approved by the City's traffic engineer, shall be provided near the main entrance. PL-20. Availability of valet service shall be conspicuously posted inside and outside the establishment near the main entrance. Sign design and placement is subject to the approval of the Director of Planning. PL-21. As required and determined necessary by Rancho California Water District, the project shall comply with all Water Shortage Contingency Measures in order to ensure water availability to the site. Prior to Issuance of Grading Permit(s) PL-22. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. PL-23. Double detector check valves shall be either installed underground or internal to the project site at locations not visible from the public right-of-way, subject to review and approval by the Director of Planning. PL-24. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the 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 Planning at his/her 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 archaeological/ cultural resource, the Director of Planning 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 Directorof Planning shall notifythe 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 Planning." PL-25. The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition. PL-26. All sacred sites are to be avoided and preserved. PL-27. Prior to the issuance of grading permits the applicant/permitee shall provide a copy of the "will serve" letter from the Rancho California Water District indicating that water service will be available to the site. PL-28. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Department. PL-29. Prior to the issuance grading permits, the grading plans shall specify the installation of a standard 50-foot long bus transit bus stop placed in a manner and location satisfactory to the Riverside Transit Agency. The bus stop will include an adjacent six- -foot wide sidewalk and will be placed no less than 50 feet north of the end of the radius of the southerly driveway that serves the hotel entrance. Prior to Issuance of Building Permit(s) PL-30. The applicant shall submit a photometric plan, including the parking lot to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. PL-31. All downspouts shall be internalized. PL-32. Upon completion of the grading activities, and prior to the issuance of building permits, the applicant shall provide to the Planning Department, a copy of the final archeological report/letter. This document shall be completed by the archeological monitor who was retained by the applicant during the brushing and grubbing phases of the project. A copy of this report shall be provided to the Pechanga Tribe for review. PL-33. Three copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. PL-34. The Landscaping and Irrigation Plans shall provide a minimum five-footwide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. PL-35. The Landscaping and Irrigation Plans shall include a note stating that "A minimum of three landscape site inspections are required: The first inspection is required prior to irrigation line trenches being closed for inspection of the irrigation lines, and an additional inspection is required for final planting inspection. If subsequent planting or irrigation inspections are needed, the inspection fee shall also be paid prior to any subsequent site inspections. A separate inspection will also be required prior to the release of the landscape maintenance bond for the project. Fees for the first two landscape inspections shall be paid at the initial submittal of construction landscape plans for the project. The fee for the landscape bond release inspection shall be paid prior to the completion of the site inspection for the final landscape bond release. PL-36. The Landscaping and Irrigation Plans shall include a note on the plans stating that "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." PL-37. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan), and the locations of all existing trees that will be saved consistent with the Tentative Map. PL-38. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. PL-39. Specifications of the landscape maintenance program shall indicate that a minimum of two landscape site inspections will be required. One inspection to verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems have head-to-head coverage, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The applicant/ owner shall contact the Planning Department to schedule inspections. PL-40. If any changes are required to be made to the conceptual landscape plans in order for the project to comply with Rancho Water's Water Shortage Contingency Plans, the changes shall be shown on the construction landscape plans to be reviewed and approved by the City's landscape architect. PL-41. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. PL-42. All WQMP treatment devices, including design details, shall be shown on the construction landscape plans. If revisions are made to the WQMP design that result in any changes to the conceptual landscape plans after entitlement, the revisions will be shown on the construction landscape plans, subject to the approval of the Director of Planning. PL-43. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an afterthought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. PL-44. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, hardscape match the style of the building subject to the approval of the Planning Director. PL-45. Building plans shall indicate that all roof hatches shall be painted "International Orange." PL-46. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine-inch grid pattern with 45-inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine-inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. PL-47. Building construction plans shall show compliance with the 20% LEED eligible recycled building materials requirement pursuant to the density bonus justification section of the Development Code 17.08.050. Planning staff shall work with the Building and Safety Department to ensure that this requirement has been met prior to the issuance of building permits for the project. PL-48. Prior to the issuance of building permits, the building construction plans and construction landscape plans shall specify the installation of a standard 50-foot long bus transit bus stop placed in a manner and location satisfactory to the Riverside Transit Agency, as shown on the approved precise grading plans. The bus stop will include an adjacent six-foot wide sidewalk and will be placed no less than 50-feet north of the end of the radius of the southerly driveway that serves the hotel entrance. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-49. An applicant shall submit a letter of substantial conformance, subject to field verification by the Planning Director or his/her designee. Said letter of substantial conformance shall be prepared by the project designer and shall indicate that all plant materials and irrigation system components have been installed in accordance with the approved final landscape and irrigation plans. If a certificate of use and occupancy is not required for the project, such letter of substantial conformance shall be submitted prior to scheduling for the final inspection. PL-50. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Planning. PL-51. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. PL-52. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released upon request by the applicant. PL-53. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smallerthan 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." PL-54. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least three square feet in size. PL-55. All site improvements including but not limited to parking areas and striping shall be installed. PL-56. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES PL-57. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated August 18, 2008, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. PL-58. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated August 28, 2008, a copy of which is attached. PL-59. The applicant shall comply with the recommendations set forth in the Southern California Gas Company transmittal dated November 21, 2008, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT B-1. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B-2. Provide details of all applicable disabled access provisions and building setbacks on plans. B-3. Provide disabled access from the public way to the main entrance of the building. B-4. Provide van accessible parking located as close as possible to the main entry. B-5. Show path of accessibility from parking to furthest point of improvement. B-6. Submit at time of plan review, a complete exterior site lighting plan showing compliance with Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. B-7. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. B-8. Obtain all building plans and permit approvals prior to commencement of any construction work. B-9. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B-10. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, as allowed by the City of Temecula Ordinance Number 94-21, specifically Section G(1) of Riverside County Ordinance Number 457.73, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Friday from 6:30 a.m. to 6:30 p.m., and Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays or Government Holidays. B-11.. The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. Prior to Submitting for Plan Review B-12. Obtain street addressing for all proposed buildings. At Plan Review Submittal B-13. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-14. Provide a Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2007 edition of the California Building Code. B-15. Provide number and type of restroom fixtures, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. B-16. Provide precise grading plan to verify accessibility for persons with disabilities. B-17. Provide truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Building Permit(s) B-18. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B-19. A pre-construction meeting is required with the building inspector prior to the start of the building construction. COMMUNITY SERVICES DEPARTMENT General ConditionslInformation CS-1. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. CS-2. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. CS-3. Provide recycling opportunities for guests, employees and within the restaurant facilities. CS-4. The applicant shall comply with the Public Art Ordinance. CS-5. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, and on-site lighting shall be maintained by the property owner or maintenance association. CS-6. All costs associated with the relocation of any existing streetlights shall be paid for by the developer. Prior to Issuance of Building Permit(s) CS-7. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. FIRE PREVENTION F-1. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. F-2. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20-PSI residual operating pressure for a 4-hour duration. The fire flow as given above has taken into account all information as provided (CFC Appendix B and Temecula City Ordinance 15.16.020, Section R). F-3. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. A combination of on-site and off site 6" x 4" x 2-2 1/2' outlets on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrants in the system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020, Section R). F-4. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on-site fire hydrants are required (CFC Chapter 5, Section 508.5). F-5. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC Chapter 5, Section 503.4) Prior to Issuance of Grading Permit(s) F-6. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 1410.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads (CFC Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E). F-7. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E). F-8. This development shall maintain two points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau (CFC Chapter 5, Section 503.1.2). F-9. Dead end roadways and streets in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus (CFC Chapter 5, Section 503.2.5 and City Ordinance 15.16.020 Section E). Prior to Issuance of Building Permit(s) F-10. The developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met forthe on-site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 14, Section 1412 and Chapter 5, Section 501.3). F-11. A fire control room is required for this project. The fire control room will house the fire sprinkler riser system and the fire alarm control panel. Additional features required in the fire control room are as follows: 1) the emergency voice/alarm communication system unit, 2) The fire department communication system, 3) Fire detection and alarm annunciator system, 4) annunciator visually indicating the location of the elevators and whether they are operational, 5) status indicators and controls for air handling systems, 6) the fire fighters control panel required by Section 909.16 for smoke control systems installed in the building, 7) controls for unlocking stairway doors simultaneously, 8) sprinkler valve and waterflow detectordisplay panels, 9) emergencyand standby power status indicators, 10) a telephone for fire department use with controlled access to the public telephone system, 11) fire pump status indicators (if applicable), 12) schematic building plans indicating the typical floor plan and detailing the building core, means of egress, fire protection system, fire fighting equipment and fire department access, 13) work table, 14) generator supervision devices, manual start and transfer features, 15) fire command centers shall not be used to house any other equipment that is not listed herein, 16) survivability. Interconnecting cables between the fire command center and the remote control equipment including all circuits necessary for the operation of the notification appliances shall be protected from Attack by fire. F-12. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted, but not approved, prior to the issuance of building permit. F-13. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted, but not approved, prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy F-14. Hydrant locations shall be identified by the installation of reflective markers (blue dots) per City Ordinance 15.16.020 Section E. F-15. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12-inch numbers in a contrasting color (CFC Chapter 5, Section 505.1 and City Ordinance 15.16.020 Section E). F-16. A "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5, Section 506). F-17. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5, Section 503.3). F-18. The applicant shall submit for review and approval by the City Fire Department a Hazardous Material Inventory Statement. A full hazardous materials inventory report and color coded floor plan is required for any building storing or using hazardous materials (CFC Chapters 28 through 44, Appendix Chapter 1 and City Ordinance 15.16.020). F-19. A simple plot plan and a simple floor plan, each as an electronic file of the DWG format, must be submitted to the Fire Prevention Bureau. Contact Fire Prevention for approval of alternative file formats which may be acceptable. PUBLIC WORKS DEPARTMENT PW-1. Unless otherwise noted, all conditions shall be completed by the developerat no cost to any Government Agency. It is understood that the developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PW-2. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. PW-3. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. PW-4. All grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. PW-5. The project shall include construction-phase pollution prevention controls and permanent post-construction water quality protection measures into the design of the project to prevent non-permitted runoff from discharging off site or entering any storm drain system or receiving water. PW-6. A Water Quality Management Plan (WQMP) must be accepted by the City prior to the initial grading plan check. The WQMP will be prepared by a registered civil engineer and include site design Best Management Practices, (BMPs) source controls, and treatment mechanisms. PW-7. The vehicular movement from the driveway on Jefferson Avenue will be restricted to right-in/right-out. Prior to Issuance of Grading Permit(s) PW-8. A grading plan shall be prepared by a registered civil engineer in accordance with City of Temecula standards, and shall be reviewed and approved by the Department of Public Works prior to the commencement of grading. The grading plan shall include all necessary erosion control measures needed to adequately protect the site (public and private) and adjoining properties from damage due to erosion. PW-9. The developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works in accordance with Grading Ordinance Section 18.24.120. PW-10. A Soils Report shall be prepared by a registered soil or civil engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soil conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. PW-11. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of liquefaction. PW-12. The developer shall have a Drainage Study prepared by a registered civil engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the developer. PW-13. Construction-phase pollution prevention controls shall be consistent with the City's Grading, Erosion and Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. PW-14. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater Pollution Prevention Plan (SW PPP) shall be available at the site throughout the duration of construction activities. PW-15. The Developer shall record an easement to relocate the existing reciprocal easement for ingress and egress. PW-16. The Developer shall record a traffic signal maintenance easement forthe signal located on Jefferson Avenue and Del Rio (east). PW-17. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the San Diego Regional Water Quality Board, Riverside County Flood Control and Water Conservation District, Planning Department, or other affected agencies. PW-18. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. PW-19. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. PW-20. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. PW-21. The developer shall obtain letters of approval for any off site work performed on adjoining properties. The letters shall be in format as directed by the Department of Public Works. PW-22. The developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. PW-23. The site is in an area identified on the Flood Insurance Rate Map. This project shall comply with Chapter 15.12 of the Temecula Municipal Code which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. Prior to Issuance of Building Permit(s) PW-24. Precise Grading plans shall conform to applicable City of Temecula Standards subject to approval by the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5%o minimum over P.C.C. and 1.00% minimum overA.C. paving. b. Streetlight shall be installed along Jefferson Avenue adjoining the site in accordance with City of Temecula Standard Number 800. c. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. PW-25. Install traffic signal loops at the intersection of Jefferson Avenue and Del Rio Road (east). PW-26. The developer shall construct all public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works including street improvements, which may include, but not limited to, streetlight, signing, striping, traffic signal systems, other traffic control devices as appropriate; sewer and domestic water systems. PW-27. A construction area Traffic Control Plan shall be designed by a registered civil or traffic engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PW-28. A Signing and Striping Plan shall be designed by a registered civil engineer approved by the Department of Public Works for Del Rio Road (east). PW-29. All access rights, easements for sidewalks for public uses shall be submitted and reviewed by the Department of Public Works and City Attorney and approved by City Council for dedication of the City where sidewalks meander through private property. PW-30. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered civil engineer, and the soil engineer shall issue a Final Soil Report addressing compaction and site conditions. PW-31. The developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. PW-32. The developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Issuance of Certificate of Occupancy PW-33. The project shall demonstrate the pollution prevention BMPs outlined in the WQMP have been constructed and installed in conformance with approved plans and are ready for immediate implementation. PW-34. As deemed necessary by the Department of Public Works the developer shall receive written clearance from Rancho California Water District, Eastern Municipal Water District, or other affected agencies. PW-35. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Department of Public Works. PW-36. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Department of Public Works. PW-37. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. WARREN D. WILLIAMS 1995 MARKET STREET General Manager-Chief Engineer RIVERSIDE, CA 92501 n 951.955.1200 V 951.788.9965 I rcflood.org AUG 51180_7 RIVERSIDE COUNTY FLOO C City of Temecula AND WATER CONSERVATI CT Planning Department Post Office Box 9033 Temecula, California 92589-9033 Attention: P+1Q, onm+e n Q Ladies and Gentlemen: Re: PiNo - The 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 has not reviewed the proposed project in detail and the following checked comments do not in an 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: _ No comment. X This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. - This project involves District Master Plan facilities. The District will accept ownership of such facilities on written request of the City. 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. _ This project proposes channels, storm drains 36 inches or larger in diameter or other facilities that could be considered regional in nature and/or a logical extension of the adopted Master Drainage Plan. The District would consider accepting ownership of such act ales on written request o t e City. 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. This project is located within the limits of the Districts Mume~aIcreac) ~¢mecula Valley Area Drainage Plan for which drainage fees have been adopted; applicatilelees s o' ould 1 paid by cashier'sTc Or money order only to the Flood Control District or City prior to issuance of grading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. _ An encroachment permit shall be obtained for any construction related activities occurring within District right of way or facilities. For further information, contact the District's encroachment permit section at 951.955.1266. 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 flood plain, then the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements, and should further require that 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. If a natural watercourse or mapped flood plain is impacted by this project, the City should require the applicant to obtain a Section 1602 Agreement from the California Department of Fish an3 Game any a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies indicating the pro ect is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required tom the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very trul yours, DALE V. ANDERSON Senior Civil Engineer c: Riverside County Planning Department Date: OB Attn: David Mares August 28, 2008 (J ? y i~Ai1111W n Katie Lecomte City of Temecula Planning Department Board of Directors Post Office Box 9033 William E. Plummer Temecula, CA 92589-9033 President Ralph Sr. Vim H. Daily President SUBJECT: WATER AVAILABILITY Sr Stephen J. Cow. CROWNE PLAZA HOTEL DP (CITY PA08-0176) B. R. Drake PARCEL NO.4 OF PARCEL MAP NO. 23822 L:aaD.Hernan APN 921-060-055 John E. Hoagland [TDK DEVELOPMENT] Lawrence M. Libeu Dear Ms. Lecomte: Officers: Phillip L. Forbes Please be advised that the above-referenced project/property is located within Interim General Manager the service boundaries of Rancho California Water District (RCWD). The Jeffrey D. Armstrong Ardng Assistant General Mager subject project/property fronts an existing 24-inch diameter water pipeline Chief FinaucialOfficer (1305 Pressure Zone) within Jefferson Avenue. Perry R. Louck Director of Planning Andww L. Webster, P.E. Water service to the subject project/property does not currently exist. Acting District Engineer Additions or modifications to water/sewer service arrangements are subject to D s'~E Secretary the Rules and Regulations (governing) Water System Facilities and Service, as C. Michael Cowell well as the completion of financial arrangements between RC WD and the Heat Best A, Krieger LLP property owner. General C u.el Water availability is contingent upon the property owner(s) signing an Agency Agreement that assigns water management rights, if any, to RCWD. In addition, water availability is contingent upon water supply shortage contingency measures, pursuant to RCWD's Water Shortage Contingency Plan. As soon as feasible, the project proponent should contact RCWD for a determination of existing water system capability, based upon project-specific demands and/or fire flow requirements, as well as a determination of proposed water facilities configuration. If new facilities are required for service, fire protection, or other purposes, the project proponent should contact RCWD for an assessment of project-specific fees and requirements. Please note that separate water meters are required for all landscape irrigation. Sewer service to the subject project, if available, would be provided by Eastern Municipal Water District. Rancho California Water District 42135 Winchester Road • Post Office B. 9017 • Temecula, California 92589-9019 • (951) 296-6900 • FAX (951) 296E860 , Letter to Katie Lecomte August 28, 2008 Page Two If you should have any questions or need additional information, please contact an Engineering Services Representative at this office at (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Corey F. Wallace, P.E. Engineering Manager cc: Laurie Williams, Engineering Services Supervisor 08\CW:Im069\F450TEG Rancho California Water District 42135 Winchester Road • Post Omce13o 9017 • Temerula,Califarnia92589-9019 (951)296-6900 FA (951)29"860 California Southem RECEIVED Gas Company- h '.'D 2 a 2003 A~SempraEnergy company EN.x GENGINCITY EERING L'E~~RTA -airy EUWW R = NT November 21, 2008 Soudon Cagomia Gas Cwww City of Temecula Public Works Dept 9400OaWaeA~ ChltswoA CA 43200 Business Park Drive 91313 Temecula, Ca 92590 MadmgAdd es: Subject: Utility Request -112108 Various Locations P. O. Box 2300 PW08-03 Temecula Creek Crossing - Utility Clntiwadt,CA Request 91313-2300 ML 9314 PW06-06 Redhawk Park Improvements in Temecula tel 818-701-4546 PW08-06 - Nicolas Valley Assessment District f¢ 818-701-3441 Liefer Rd PW08-04 - Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension - Utiliity Request PW08-07 - Temecula Library Additional Pkg - Utiili Request PA08-0176 - Crowne Plaza Hotel DP - Jefferson Ave, West 1-15 PA08-0189 - Penske Truck Leasing DP - 42006 Remin ton Avenue - Utility Request PA08-0134 - Palomar Hotel Expansion - Old town Front Street & Fifth St PA08-0179 - Pu'ol Street A is - Utility Request PW08-03 Temecula Creek Crossing - Utility Request PW06-06 Redhawk Park Improvements in Temecula PW08-06 - Nicolas Valley Assessment District Liefer Rd PW08-04 - Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension - Utiliity Request PW08-07 - Temecula Library Additional Pkg - Utfility Request PA08-0176 - Crowne Plaza Hotel DP - Jefferson Ave, West 1-15 PA08-0189 - Penske Truck Leasing DP - 42006 Remin ton Avenue - Utility Request PA08-0134 - Palomar Hotel Expansion - Old Town Front Street & Fifth St Southern California Gas Company, Transmission Department, has no facilities within your proposed improvement and will not impact our Transmission Lines. However, our Distribution department may have some facilities within your construction area. To assure no conflict with the local distribution's pipeline system, please contact (909) 335-7561. Sincerely, Rosalyn uires Transmission Pipeline Planning Assistant PC RESOLUTION CONDITIONAL USE PERMIT PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0228, A CONDITIONAL USE PERMIT TO AUTHORIZE A TYPE-47 ABC LICENSE WHICH WOULD ALLOW FOR THE SALE, SERVICE AND CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS ON THE PREMISES AT CROWNE PLAZA HOTEL IN THE RESTAURANT AND COCKTAIL LOUNGE, ROOMS AND SUITES FOR ROOM SERVICE, AND IN THE CABINET BARS, LOCATED EAST OF JEFFERSON AVENUE, WEST OF INTERSTATE 15 AND APPROXIMATELY 500 FEET NORTH OF RANCHO CALIFORNIA ROAD (APN 921-060-055) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On September 29, 2008 Mr. David Krzywicki, filed Planning Application No. PA08-0228, Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on January 7, 2009, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA08-0228, a Conditional Use Permit to authorize a Type-47 ABC license and the sale, service and consumption of beer, wine and distilled spirits on the premises, subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby makes the following findings as required by Section 17.040.010 (E) (Conditional Use Permit), of the City of Temecula Municipal Code: A. The proposed Conditional Use Permit is consistent with the General Plan and the Development Code; The proposal for the Crowne Plaza hotel to serve beer, wine and distilled spirits on the premises requires a Conditional Use Permit in the Highway Tourist Commercial (HT) zoning district. The project, as conditioned is consistent with the General Plan land use designation which anticipated hotel uses in the Highway Tourist Commercial (HT) designation. The proposed conditional use is consistent with the General Plan and Development Code. The Development Code allows for the sale of alcoholic beverages sales subject to a Conditional Use Permit and pursuant to all appropriate Conditions of Approval placed on the permit. Staff has reviewed the Conditional Use Permit and placed Conditions of Approval on the permit as required, to ensure consistency with the General Plan and Development Code. Further, the Development Code requires a 500-foot sensitive use buffer to be provided between the facility selling alcoholic beverages and any school, public park or church. The project has been reviewed by staff and it has been determined that the project meets the 500-feet sensitive use separation requirement. In addition to the minimum 500-foot minimum sensitive use buffer that is required by the Development Code, the proposed use is compatible with the surrounding uses, which include other retail, restaurant and other hotel uses that also serve beer, wine and distilled spirits. B. The proposed Conditional Use Permit is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures. The proposed conditional use and associated Development Plan is an in-fill development project which is surrounded by substantially developed uses. The project is bordered by an existing retail center and hotel to the south, another hotel which is currently under construction to the north, and a restaurant and retail center also to the north. The request to serve beer, wine and distilled spirits will not adversely impact the adjacent buildings, structures or uses in the immediate vicinity. The project has been conditioned to ensure that the potentially adverse impacts have been included as Conditions of Approval. The conditional use is consistent with the City's Development Code and is compatible with other activities approved or existing in the vicinity of the project site. The proposed use is surrounded by existing retail and commercial uses, as well as other restaurants that have been permitted to sell beer, wine and distilled spirits. C. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The proposed conditional use and associated Development Plan is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features that are required by the Development Code to integrate the conditional use with other uses in the area. The proposed hotel will be constructed on a vacant parcel within the Highway Tourist Commercial district of the City. The parcel is surrounded by substantially developed uses. The addition of the proposed use in this area will not be out of conformance with the Development Code requirements. Adequate parking and landscaping will be provided and the proposed use is anticipated to integrate into the area since the surrounding uses include other retail and commercial uses, including restaurants serving beer, wine and distilled spirits. The project also meets the 500-foot sensitive uses buffer and it has been determined that the project is not within 500-feet of any sensitive uses that may otherwise be impacted by this Conditional use. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project, as conditioned will ensure that the use will not adversely affect the surrounding uses, and will not negatively impact the public health safety or welfare of the community. The project is consistent with the goals and policies contained within the General Plan. The proposed use is consistent with all Development Code requirements. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application, PA08-0228: A. Pursuant to California Environmental Quality Act ("CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Conditional Use Permit Application, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on December 15, 2008, and expired on January 3, 2009. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall 43200 Business Park Drive, Temecula, California 92590. C. On December 18, 2008, staff received written comments from the Riverside Transit Agency (RTA). RTA's comments indicated that a bus stop is necessary on Jefferson Avenue in front of the project. In order to accommodate RTA's request the Development Plan (PA08-0176) associated with this Conditional Use Permit (PA08-0228) has been conditioned to require that a bus stop be installed on Jefferson Avenue. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the January 7, 2009 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration 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) Mitigated Negative Declaration 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 Mitigated Negative Declaration prepared for this project. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA08-0228, a Conditional Use Permit to authorize a Type-47 ABC license and the sale, service and consumption of beer, wine and distilled spirits on the premises at the Crowne Plaza Hotel, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7th day of January 2009. Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE 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. 09- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 7th day of January 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Debbie Ubnoske, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA08-0228 Project Description: A Conditional Use Permit to authorize a Type-47 ABC license and the sale, service and consumption of beer, wine and distilled spirits on the premises at Crowne Plaza Hotel in the restaurant and cocktail lounge, in the individual guest rooms and suites for room service and in the cabinet bars Assessor's Parcel No.: 921-060-055 MSHCP Category: Commercial DIF Category: Service Commercial TUMF Category: Service Commercial Approval Date: January 7, 2009 Expiration Date: January 7, 2011 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand Fifty- Seven Dollars ($2,057.00) which includes the One Thousand Nine Hundred Ninety- Three Dollar ($1,993.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty-Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Game Code Section 711.4(c)]. PL-2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. General Requirements PL-3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-4. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-5. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL-6. The Director of Planning may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL-7. The applicant shall comply with their Statement of Operations dated December 10, 2008 on file with the Planning Department, unless superseded by these Conditions of Approval. PL-8. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-9. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in- lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL-10. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.) training from the California Department of Alcoholic Beverage Control. PL-11. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (951-676-5090). Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-12. All of the foregoing conditions for PA08-0228 and PA08-0176 shall be complied with prior to occupancy or any use allowed by this permit. POLICE DEPARTMENT PD-1. Applicant has applied for a Type 47 On-Sale General - Eating Place (Restaurant) which authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Minors are allowed on the premises. PD-2. Applicant will comply with Ordinance 97-07, 9.14.010 Temecula Municipal Code series. PD-3. Identification will be verified utilizing one of the following: (a) valid California driver's license; (b) valid California identification card; (c) valid military identification card (active/reserve/retired/dependent); (d) valid driver's license from any of the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, and County or City agency. PD-4. As noted above, only a valid government issued identification card issued by a Federal, State, County or City agency is acceptable, providing it complies with Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). PD-5. Sections 24200.5 (b) and 25657 (a) (b) B&P; Rule 143 CCR: Section 303 (a) (PC): On- sale licensees may not: (a) employ hosts, hostesses, or entertainers who solicit others to buy them drinks, alcoholic or non-alcoholic; (b) pay or agree to pay such an employee a percentage of the receipts from the sales of drinks solicited; (c) permit any person whether an employee or not, to loiter for the purpose of soliciting an alcoholic drink. PD-6. Type 41, 47 and 49 licensees must operate and maintain their licensed premises as a bona fide eating place. They must make actual and substantial sale of meals, during the normal meal hours that they are open, at least five days a week. Normal meal hours are: breakfast 6:00 a.m. - 9:00 a.m., lunch 11:00 a.m. - 2:00 p.m., and dinner 6:00 p.m. - 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. The premises must be equipped and maintained in good faith. This means the premises must possess working refrigeration and cooking devices, pots, pans, utensils, table service, condiment dispensers, menus, posters, signs, and enough goods to make substantial meals. The premises must comply with all regulations of the local health department. Incidental, sporadic or infrequent sales of meals or a mere offering of meals without actual sales is not compliance. "Meals" means the usual assortment of food commonly ordered at various hours of the day. The service of only sandwiches or salads is not considered compliance. However, certain specialty entrees, such as pizza, fish or ribs, and an assortment of other foods, such as soups, salads or desserts, may be considered a meal. The Department will presume that a licensee is operating as a bona fide eating place if the gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages. "Prepared" means any processing preliminary to the final serving of food. (Note: Some licensees have a "conditional" license that requires food sales to be 50% or more of the total gross sales Sections 23038 and 23787 B&P). PD-7. Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P Code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m. Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter that the law. Those licenses are marked "Conditional" (23805 B&P). PD-8. Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer (Sections 25616, 25753, and 25755 B&P; 148 and 241 (b) PC). PD-9. Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc; and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution narcotics, etc. The licensed premise includes the parking lot (Section 25601 B&P; 316 PC). PD-10. On-sale licensees who offer entertainment must abide by the following rules: (1) no licensee shall permit any person to perform acts of or acts which simulate; (a) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law, (b) the touching, caressing or fondling on the breast, buttocks, anus or genitals, (c) the displaying of the pubic hair, anus, vulva or genitals; and, (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e.g. intercourse, sodomy masturbation, etc.). PD-11. Licensees may not permit their licensed premises to be a problem for the local law enforcement agency by needing an undue number of calls for service. The licensed premise includes the parking lot (Sections 24200 (a) (B&P). PD-12. Contact the Temecula Police Department for inspections and training for employees, owners and management. This includes special events held at the business location where alcohol will be served for a fee and the event is open to the general public. INITIAL STUDY 12 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Crowne Plaza Hotel Development Plan PA08-0176 and PA08-0228 Lead Agency Name and Address City of Temecula, P.O. Box 9033, Temecula, CA 92589-9033 Contact Person and Phone Number Katie Innes, Case Planner 951 694-6400 Project Location East of Jefferson Avenue and approximately 500 feet north of Rancho California Road in the City of Temecula Project Sponsor's Name and Address Mr. Tony Lee, Wellprofit International, LLC, 2642 Newport Boulevard Costa Mesa, CA 92627 General Plan Designation Highway Tourist Commercial HT Zoning Highway Tourist Commercial (HT) Description of Project A Development Plan to construct a 125,810 square foot, five-story full service hotel (Crowne Plaza); consisting of 168 guest rooms and suites, a grand ballroom, restaurant and cocktail lounge, gym/health spa and outdoor terrace, on a 3.6 acre site zoned Highway Tourist Commercial (HT), located east of Jefferson Avenue and approximately 500 feet north of Rancho California Road. The proposed project also includes a Conditional Use Permit to authorize a Type-47 ABC license for the premises. The Type-47 ABC license would allow for the sale, service and consumption of beer, wine and distilled spirits in the restaurant, cocktail lounge and guest rooms within the hotel (room service and cabinet bars). The Conditional Use Permit for the Type-47 ABC license does not involve any physical construction; therefore no significant environmental impacts will occur as a result of the land use entitlement related to the Type- 47 ABC license. Surrounding Land Uses and Setting The project is proposed to be located on a vacant 3.6 acre parcel in the Highway Tourist Commercial zoning district within the City of Temecula. The immediately surrounding parcels, which abut the site, are all zoned Highway Tourist Commercial (HT). The proposed project is surrounded by substantially developed parcels to the south, north and northeast of the project. The project site is buffered by Interstate 15 to the east and Murrieta Creek to the west. The Murrieta Creek property is zoned Open Space-Conservation (OS-C) and is intended to. be preserved in its natural state. The proposed project abuts an existing retail center, gas station and hotel to the south. The existing hotel (Hampton Inn) is four stories and approximately 105,000 square foot hotel. The proposed project also abuts a restaurant and three-story hotel (Springhill Suites) of approximately 77,000 square feet to the north. This hotel is currently under construction. Additionally, the project site abuts a vacant parcel to the northwest. This parcel is under the same ownership as the proposed Crowne Plaza Hotel project and will be developed at a later date. Two commercial/retail shopping centers and restaurant uses currently exist further to the north of the project site, east of Del Rio Road. Other public agencies whose approval None is required G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1PLANNING COMMISSION\CEQA Initial Study.doc 1 z I I ~I I I 1 I a ai i+Et i ~,~jst~l;(III i - , ,I, I ann u t T a a 1 ' "mot ~i ~~.LaN,3,~ri'{I~iCi'}~ y~pp~l~I{{~~iypyp {{~fl~((i(Fihi'~k~I~thn ~ )t~pgbIy'~M!',{y#i Ig 1 ~~I~~~~P~3NF[~IA~ ?t44NN, i~„I Project Site 1 ti r~ Q 1 1 o ,ao >eo .co , Feet G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEOA Initial Study.doc 2 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Mineral Resources Agriculture Resources X Noise X Air Quality Po ulation and Housing X Biological Resources Public Services X Cultural Resources Recreation X Geology and Soils Trans ortation/Traffic Hazards and Hazardous Materials Utilities and Service Systems Hydrology and Water Quality Mandatory Findings of Significance Land Use and Planning None Determination (To be completed by the lead agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Katie Innes City of Temecula Printed Name For G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEQA Initial Study.doc 3 AESTHETICS. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Have a substantial adverse effect on a scenic vista? x b Substantially damage scenic resources, including, but not x limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c Substantially degrade the existing visual character or quality x of the site and its surroundings? d Create a new source of substantial light or glare which would x adverse) affect day or nighttime views in the area? Comments: 1.a. No Impact: The proposed project would have no impact on a scenic vista. The proposed five story, 125,810 square foot hotel is located east of Jefferson Avenue and approximately 500 feet north of Ranch California Road. The Community Design Element of the City of Temecula's General Plan identifies important scenic view sheds to ensure that all new public and private development projects will not obstruct the public views of scenic resources. According to the General Plan Community Design Plan Exhibit on page CD-5, the subject property has not been identified as a viewshed, nor is the project located in close proximity to an identified viewshed. Therefore, no scenic vistas or identified view sheds will be affected by the development of this property. 1.b. No Impact: The proposed project would not substantially damage scenic resources including trees, rock outcroppings, and historic buildings within a state scenic highway. The proposed project site does not contain any scenic resources such as trees, rock outcroppings or historical buildings. The proposed project is located adjacent to Interstate 15, which is designated as an "Eligible State and Scenic Highway," however it is not officially designated as a State Scenic Highway by the California Department of Transportation. No impact will occur. 1.c. Less than Significant Impact: The proposed project will not degrade the existing visual character or quality of the site or quality of its surroundings. The 3.6 acre project site is currently vacant. However, the project site is surrounded by substantially developed parcels to the south, north and northeast of the project. The project site is buffered by Interstate 15 to the west and Murrieta Creek to the east. The proposed project abuts an existing retail center and hotel to the south. The existing hotel (Hampton Inn) is four stories and approximately 105,000 square feet. The proposed project also abuts a three-story hotel (Springhill Suites) to the north. Springhill Suites is approximately 77,000 square feet and currently under construction. Additionally, the project site abuts a vacant parcel to the northwest. This parcel is under the same ownership as the proposed Crowne Plaza Hotel project and will be developed at a later date. Two commercial/retail shopping centers and restaurant uses currently exist further to the north of the project site, east of Del Rio Road. Considering the type of development that has already occurred in the immediately surrounding area, it is anticipated that the construction of the Crowne Plaza Hotel will be complementary to the type of development that currently exists near the project site. A less than significant impact is anticipated. 1.d. Less than Significant Impact: The project will create a new source of light or glare; however, the impact is not anticipated to be significant enough to adversely impact the daytime or nighttime views in the area. The proposed site is surrounded by substantially developed parcels which currently introduce typical light and glare associated with commercial developments, restaurants and hotels. However, the City of Temecula requires that all new developments comply with the Palomar Lighting Ordinance (Ordinance 655). Ordinance 655 requires that all lighting sources be shielded and directed downward to avoid glare on adjacent properties and ensure low levels of glare in the sky. Lighting issues will be addressed, during the building plan G:\PLANNI NG\2008\PA08-0176 Crown Plaza Hotel DP\Planning\l PLANNING COMMISSION\CECA Initial Study.doc 4 check process, prior to the issuance of any building permits for the new hotel. Lighting issues will also be addressed during the construction and inspection phases of the project. Therefore, because the project will be required to be in compliance with Ordinance 655, it will not adversely effect the day or nighttime views or create substantial light or glare, resulting in a less than significant impact. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Convert Prime Farmland, Unique Farmland, or Farmland of X Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b Conflict with existing zoning for agricultural use, or a X Williamson Act contract? c Involve other changes in the existing environment which, X due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Comments: 2.a,c. No Impact: The proposed project will not convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance, to a non-agricultural use. The project site does not contain any Prime Farmland, Unique Farmland or Farmland of Statewide Importance. Therefore, the construction of a hotel on the subject property will not have any impacts to Farmland. Additionally, the project does not involve changes in the existing environment which would result in the conversion of Farmland to a non-agricultural use. The proposed property is currently zoned Highway Tourist Commercial. The project does not propose a zone change. Additionally the project site does not contain Farmland, nor was the project site intended to be used for an agriculatural use. No Impact will occur. 2.b. No Impact: The project site does is currently zoned Highway Tourist Commercial and does not have an agricultural zoning designation or Land Use Designation by the City of Temecula. The site is not regulated by a Williamson Act contract. Consequently, there are no impacts related to this issue. GAPLANNING0008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEQA Initial Study.doc 5 AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Conflict with or obstruct implementation of the applicable X air quality plan? b Violate any air quality standard or contribute substantially X to an existing or projected air quality violation? c Result in a cumulatively considerable net increase of any X criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d Expose sensitive receptors to substantial pollutant X concentrations? e Create objectionable odors affecting a substantial number X of people? Comments: 3.a. No Impact: The proposed Crowne Plaza Hotel is located within the South Coast Air Basin (SCAB). The South Coast Air Quality Management District and the Southern California Association of Governments (SCAG) are the responsible agencies for preparing the Air Quality Management Plan for the SCAB. The proposed project would not conflict with or obstruct implementation of the SCAQMD Air Quality Management Plan (AQMP). The proposed project is subject to the requirements of the U.S. Environmental Protection Agency (EPA), the California Air Resources Board (CARB), and SCAQMD. A project is deemed inconsistent with air quality plans if it results in population and/or employment growth that exceed growth estimates in the applicable air quality plan. The proposed project does not include any residential development, housing, or large local or regional employment centers and would not result in significant population or employment growth. Thus, the proposed project would result in no impact with respect to the implementation of the SCAQMD's AQMP. 3.b. Less than Significant Impact: Air quality impacts may occur during site preparation, grading, and construction activities required for implementation of the proposed land use. Major sources of emissions during construction include exhaust emissions generated during site preparation, grading, and the subsequent construction of the structures, as well as fugitive dust generated as a result of soil and material disturbance during site preparation and grading excavation activities. The emission of reactive organic compounds during site paving and painting of the structures may also occur. The project site includes approximately 3.6 acres of land. Table 11 (below) presents the results of the unmitigated construction emissions. All emissions would be below regional significance thresholds therefore impacts from the project are less than significant. G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEQA Initial Study.doc 6 Table 11 Unmitigated Projected Construction Emissions and Criteria Values CO NOX ROG "SOX' PM10 PM215' Source lbs/da Ibs/da Ibs/oa ' ' Ibs/da Ibs/da" a (Ibs/da Mass Grading Fugitive Dust 0.00 0.00 0.00 0.00 20.00 4.18 Exhaust 14.77 28.07 3.35 0.00 1.42 1.30 Total 14.77 28.07 3.35 0.00 21.42 5.48 SCAQMD Threshold 550 100 75 150 150 55 Si nificaht'lin act?' No No No No No ""~"":il''"No' Fine Grading Fugitive Dust 0.00 0.00 0.00 0.00 20.00 4.18 Exhaust 14.77 28.07 3.35 0.00 1.42 1.30 Total 14.77 28.07 3.35 0.00 21.42 5.48 SCAQMD Threshold 550 100 75 150 150 55 Significant Impact? No No No No No No Trenching/ Buildin /Coatin /Paintin Trenching 9.45 18.96 2.22 0.00 0.94 0.86 Building Construction 13.26 16.76 2.14 0.01 0.93 0.83 Coating 0.82 0.05 62.07 0.00 0.01 0.00 Paving 9.35 13.52 2.39 0.00 1.14 1.04 Total 32.88 49.29 68.82 0.01 3.02 2.73 SCAQMD Threshold 550 100 75 150 150 55 Significant Impact? No No' No No No No' 3.c. Less than Significant Impact: CEQA Guidelines Section 15064 (h)(3) stipulates that for an impact involving a resource that is addressed by an approved plan or mitigation program, the lead agency may determine that a project's incremental contribution is not cumulatively considerable if the project complies with the adopted plan or program. In addressing cumulative effects for air quality, the SCAQMD Air Quality Management Plan is the most appropriate document to use because it set forth comprehensive programs that will lead the South Coast Air Basin, including the project area, into compliance with all federal and state air quality standards. It also utilizes control measures and related emission reduction estimates based upon emissions projections for a future development scenario derived from land use, population, and employment characteristics defined in consultation with local governments. Because the proposed project is in conformance with the AQMP and the project is not significant on an individual basis, it is appropriate to conclude that the project's incremental contribution to criteria pollutant emissions is not cumulatively considerable. Therefore the project's incremental contribution to criteria pollutant emissions will not result in a cumulatively considerable increase, and a less than significant impact will occur. 3.d. Potentially Significant Unless Mitigation Incorporated: Sensitive receptors are land uses such as residences, schools, daycare centers, medical and recreational facilities that are more susceptible to the effects of air pollution than are the population at large. The nearest sensitive receptors are the site itself and adjacent hotel property, which are located less than 25 meters away. SCAQMD guidelines stipulate that for a sensitive receptor that is less than 25 meters away from the emission source, the 25 meter threshold should be used for significance determination. The major source of these air quality impacts is associated with the Particulate Matter produced during grading activities. Prior to mitigation PM10 emissions would exceed the Localized Significance Thresholds of 14 pounds per day, respectively as derived from the SCAQMD LST tables. Table 12 (below), Unmitigated and Mitigated Localized Construction Emissions Concentrations, presents the peak unmitigated and mitigated localized construction emissions as well as the allowable emissions as a function of receptor distance from the project boundary. The closet sensitive receptor is a hotel G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEQA Initial Study.doc 7 located less than 25 meters from the project site. With the inclusion of appropriate mitigation measures, all criteria pollutant emissions are reduced below significance thresholds. Table 12 Unmitigated and Mitigated Localized Construction Emissions Concentrations CO N02 PM10„k, . P~'N12 5~ Distance Ibs/da Ibs/da Ibs/da , Ibs/da Peak Daily On-site Emissions 32.88 32.88 49.29 49.29 21.42 3.02 5.48 2.73 Allowable emissions at 25 meters 1,732 371 13 8 Allowable emissions at 50 meters 2,393 416 40 10 Allowable emissions at 100 meters 3,775 520 59 16 Allowable emissions at 200 meters 7,535 672 96 31 Allowable emissions at 500 meters 25,792 1,072 207 105 ++t fo Exceed Allowable nt {I i, t:; , Iii it ulv~.l~,,l ,t m{; ,~tI111i ik,t 3 Iia emissions? No 'I 1" No NoNo YESI,iNoi' 'No` 'Ijo;~l. First column for each criteria pollutant under peak daily onsite emissions shows emissions before additional mitigation measures are incorporated. Second column for each criteria pollutant under peak daily onsite emissions shows emissions after additional mitigation measures are incorporated. As indicated in the table above, since the PM10 emissions will exceed the allowable levels without mitigation incorporated, but will be within the allowable emissions threshold with mitigation incorporated, the following mitigation measures are required to reduce these impacts to a less than significant level: Required Best Available Control Measures for Fugitive Dust As Required by SCAQMD Rule 403 (Applicable to All Construction Activity Sources) Source Category Control Measures Guidance Backfilling Stabilize backfill material when not Mix backfill soil with water prior to actively handling; and moving; and Stabilize backfill material during Dedicate water truck or high handling; and capacity hose to backfilling equipment; and Stabilize soil at completion of activity Empty loader bucket slowly so that no dust plumes are generated; and Minimize drop height from loader bucket. Clearing and grubbing Maintain stability of soil through pre- Maintain live perennial vegetation watering of site prior to clearing and where possible; and grubbing; and Apply water in sufficient uantit G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEQA Initial Study.doc 8 Stabilize soil during clearing and to prevent generation of dust grubbing activities; and plumes. Stabilize soil immediately after clearing and grubbing activities. Clearing forms Use water spray to clear forms; or Use of high pressure air to clear forms may cause exceedance of Use sweeping and water spray to Rule requirements. clear forms; or Use vacuums stem to clear forms. Crushing Stabilize surface soils prior to Follow permit conditions for operation of support equipment; and crushing equipment; and Stabilize material after crushing. Pre-water material prior to loading into crusher; and Monitor crusher emissions opacity; and Apply water to crushed material to prevent dust plumes. Cut and fill Pre-water soils prior to cut and fill For large sites, pre-water with activities; and sprinklers or water trucks and allow time for penetration; and Stabilize soil during and after cut and fill activities. Use water trucks/pulls to water soils to depth of cut prior to subsequent cuts. G:\PLANNING\2008\PAOS-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEQA Initial Study.doc 9 Source Cate go Control Measures Guidance Demolition - Stabilize wind erodible surfaces to Apply water in sufficient mechanical/manual reduce dust; and quantities to prevent the generation of visible dust plumes. Stabilize surface soil where support equipment and vehicles will operate; and Stabilize loose soil and demolition debris; and Comply with AQMD Rule 1403. Disturbed soil Stabilize disturbed soil throughout Limit vehicular traffic and the construction site; and disturbances on soils where possible; and Stabilize disturbed soil between structures If interior block walls are planned, install as early as possible; and Apply water or a stabilizing agent in sufficient quantities to prevent the generation of visible dust plumes. Earth-moving activities Pre-apply water to depth of Grade each Project phase proposed cuts; and separately, timed to coincide with construction phase; and Re-apply water as necessary to maintain soils in a damp condition Upwind fencing can prevent and to ensure that visible emissions material movement on site; and do not exceed 100 feet in any direction; and Apply water or a stabilizing agent in sufficient quantities to prevent Stabilize soils once earth-moving the generation of visible dust activities are complete. plumes. Importing/exporting of Stabilize material while loading to Use tarps or other suitable bulk materials reduce fugitive dust emissions; and enclosures on haul trucks; and Maintain at least six inches of Check belly-dump truck seals freeboard on haul vehicles; and regularly and remove any trapped rocks to prevent spillage; and Stabilize material while transporting to reduce fugitive dust emissions; Comply with track-out and prevention/mitigation requirements; and Stabilize material while unloading to reduce fugitive dust emissions; and G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEQA Initial Study.doc 10 Source Category Control Measures Guidance Comply with Vehicle Code Section Provide water while loading and 23114. unloading to reduce visible dust lumes. Landscaping Stabilize soils, materials, slopes Apply water to materials to stabilize; and Maintain materials in a crusted condition; and Maintain effective cover over materials; and Stabilize sloping surfaces using soil binders until vegetation or ground cover can effectively stabilize the slopes; and H droseed rior to rain season. Road shoulder maintenance Apply water to unpaved shoulders Installation of curbing and/or paving prior to clearing; and of road shoulders can reduce recurring maintenance costs; and Apply chemical dust suppressants and/or washed gravel to maintain Use of chemical dust suppressants a stabilized surface after can inhibit vegetation growth and completing road shoulder reduce future road shoulder maintenance. maintenance costs. Screening Pre-water material prior to Dedicate water truck or high screening; and capacity hose to screening operation; and Limit fugitive dust emissions to opacity and plume length Drop material through the screen standards; and slowly and minimize drop height; and Stabilize material immediately after screening. Install wind barrier with a porosity of no more than 50% upwind of screen to the height of the drop point. Staging areas Stabilize staging areas during use; Limit size of staging area; and and Limit vehicle speeds to 15 miles Stabilize staging area soils at per hour; and project completion. Limit number and size of staging area entrances/exits. G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEQA Initial Study.doc 11 Source Category Control Measures Guidance Stockpiles/bulk material Stabilize stockpiled materials, and Add or remove material from handling Stockpiles within 100 yards of off- the downwind portion of the site occupied buildings must not storage pile; and be greater than eight feet in height; or must have a road Maintain storage piles to avoid bladed to the top to allow water steep sides or faces. truck access or must have an operational water irrigation system that is capable of complete stockpile coverage. Traffic areas for construction Stabilize all off-road traffic and Apply gravel/paving to all haul activities parking areas; and routes as soon as possible to all future roadway areas; and Stabilize all haul routes; and Barriers can be used to ensure Direct construction traffic over vehicles are only used on established haul routes. established parking areas/haul routes. Trenching Stabilize surface soils where Pre-watering of soils prior to trencher or excavator and support trenching is an effective equipment will operate; and preventive measure. For deep trenching activities, pre-trench Stabilize soils at the completion of to 18 inches soak soils via the trenching activities. pre-trench and resuming trenching; and Washing mud and soils from equipment at the conclusion of trenching activities can prevent crusting and drying of soil on equipment. Truck loading Pre-water material prior to loading; Empty loader bucket such that and no visible dust plumes are created; and Ensure that freeboard exceeds six inches (CVC 23114) Ensure that the loader bucket is close to the truck to minimize drop height while loading. Turf over seeding Apply sufficient water immediately Haul waste material prior to conducting turf vacuuming immediately off-site. activities to meet opacity and plume length standards; and Cover haul vehicles prior to exiting the site. G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEQA Initial Study.doc 12 0-- iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillilliillillillillillillilliillillillillillillilliillillillillI Source Category Control Measures Guidance Unpaved roads/parking lots Stabilize soils to meet the Restricting vehicular access to applicable performance standards; established unpaved travel and paths and parking lots can reduce stabilization Limit vehicular travel to requirements. established unpaved roads (haul routes and unpaved parking lots. If wind speeds exceed 25 miles per hour during project construction, earthmoving, and grading activities, the following mitigation measures will be required to be implemented: Contingency Control Measures for Fugitive Dust during High Winds in Excess of 25 MPH Fu itive Dust Source Category Control Measures Earth-moving Cease all active operations; or Apply water to soil not more than 15 minutes prior to moving such soil. Disturbed surface areas On the last day of active operations prior to a weekend, holiday, or any other period when active operations will not occur for not more than four consecutive days: apply water with a mixture of chemical stabilizer diluted to not less than 1/20 of the concentration required to maintain a stabilized surface for a period of six months; or Apply chemical stabilizers prior to wind event; or Apply water to all un-stabilized disturbed areas three times per day. If there is any evidence of wind driven fugitive dust, watering frequency is increased to a minimum of four times per day; or Establish a vegetative ground cover within 21 days after active operations have ceased. Ground cover must be of sufficient density to expose less than 30 percent of un-stabilized ground within 90 days of planting, and at all times thereafter; or Utilize any combination of these control actions such that, in total, these actions apply to all disturbed surface areas. Unpaved roads Apply chemical stabilizers prior to wind event; or Apply water twice per hour during active operation; or Stop all vehicular traffic. Open storage piles Apply water twice per hour; or Install temporary coverings. G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEQA Initial Study.doc 13 Paved road track-out Cover all haul vehicles; or Comply with the vehicle freeboard requirements of Section 23114 of the California Vehicle Code for both public and private roads. II categories Executive Officer and the USEPA as equivalent to the methods specified in this table may be used. 3.e. Less than Significant Impact: The proposed Project would not create objectionable odors affecting a substantial number of people. Project construction would involve the use of heavy equipment creating exhaust pollutants from on-site earth movement and from equipment bringing concrete and other building materials to the site. With regards to nuisance odors, any air quality impacts will be confined to the immediate vicinity of the equipment itself. By the time such emissions reach any existing sensitive receptor sites away from the project site, they will be diluted to well below any level of air quality concern. An occasional remnant odor of diesel exhaust from trucks accessing the site from public roadways may result. Such brief exhaust odors may be adverse, but are not a significant air quality impact. Additionally, some odor would be produced from the application of paints and coatings. Again, any exposure to the general public of these common odors would be of short duration and, while potentially adverse, are below significance thresholds. BIOLOGICAL RESOURCES. Would the project? Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Have a substantial adverse effect, either directly or x through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b Have a substantial adverse effect on any riparian habitat x or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c Have a substantial adverse effect of federally protected x wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d Interfere substantially with the movement of any native x resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nurse sites? e Conflict with any local policies or ordinances protecting x biological resources, such as a tree preservation policy or ordinance? f Conflict with the provisions of an adopted Habitat x Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEOA Initial Study.doc 14 Comments: 4.a. Less Than Significant Impact: According to the City of Temecula General Plan the project site in not located within a sensitive biological area (Sensitive Habitats - Figure 5-3). The proposed project will not have a significant substantial adverse impact, either directly or indirectly, on any species identified as a candidate, sensitive, or special status species in local of regional plans, policies or regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service. In June 2003 the County of Riverside Board of Supervisors approved the Multi-Species Habitat Conservation Plan (MSHCP). The MSHCP protects 146 species, 27 of which are officially listed as sensitive. The Western Riverside County Regional Conservation Authority was established to assist agencies to implement the MSHCP. According to the Regional Conservation Authority's website, the subject property has the possibility of containing sensitive habitat for Burrowing Owl. According to the General Biological Assessment submitted by RCA Associates dated October 1, 2008, a Phase I survey was conducted. During the Phase I survey it was determined that the project site contained potential habitat for the burrowing owl. Therefore, a focused Phase II survey was completed to determine the presence/absence of burrowing owl and the presence/absence of suitable burrows (i.e. occupiable burrows). As a result of the Phase II survey no occupiable burrows were observed on the project site. A less than significant impact to sensitive habitat or species will occur as a result of this project. 4.b. Less than Significant Impact: According to the General Biological Resources Assessment, which was completed by RCA Associates dated October 1, 2008, the project site does not support any riparian or riverine habitats. Therefore, the development of this site will not have a substantial adverse effect on any riparian habitat. Plant surveys were also conducted; however no narrow endemic plants were identified. Munz's Onions and California Orcutt's grass were identified near the project site; however, these plants are not expected to occur on-site due to the absence of suitable clay soils. Additionally, a significant amount of past disturbance has occurred on the project over the past few years, and the Springhill Suites Hotel which is located directly to the north of the project site is currently under construction. A less than significant impact will occur. 4.c. No Impact: The project site does not contain federally protected wetlands as defined by Section 404 of the Clean Water Act. According to the General Biological Resources Assessment, which was completed by RCA Associates dated October 1, 2008, no evidence of vernal pools was identified during the field investigation. The soils on site are not consistent with those known to support vernal pools. The soils have been determined to consist of Exeter sandy loam which is not listed as a hydric soil type. In addition, the topography on the site is such that it lacks suitable areas which may pool or pond sufficiently to develop vernal pools. 4.d. Potentially Significant Impact Unless Mitigation Incorporated: Based upon the existing conditions, the proposed development of a 125,810 square foot, five story hotel is not expected to have a significant adverse impact on the wildlife movements in the surrounding area. According to the General Biological Assessment prepared by RCA Associates and dated October 1, 2008, the property is located in area in which the habitat has been significantly fragmented due to the past and on-going development activities. The development of the 3.6 acre parcel is not expected to have a significant impact on the wildlife in the area considering the extent of development that has already occurred in the immediately surrounding area. Additionally, there are no major wildlife corridors present on the site. As such, the proposed project will not impede regional wildlife movement or impact any MSHCP-designated corridors or habitat linkages. However, since portions of the project site are located within two MSCHP Criteria Cells a Joint Project Review has been conducted. The Joint Project Review with the. City of Temecula and the Regional Conservation Authority determined that MSHCP Conservation areas are located to the west of the site (Murrieta Creek). As such, it has been determined that care must be taken to maintain high quality riparian habitat within this area and the surrounding Constrained Linkages for species such as yellow warbler, yellow-breasted chat, and Bell's vireo, which all are known to have key populations along the creek. Maintenance of existing floodplain processes and water quality along the creek are also important for species such as the western pond turtle and arroyo chub. In order to preserve the integrity of this area, which has been dedicated as an MSHCP G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEQA Initial Study.doc 15 conservation area, and to assemble Proposed Constrained Linkage 13 and the Existing Core F to the Proposed constrained Linkage 10, the following guidelines contained in Section 6.1.4 of the MSHCP, shall be required as Mitigation Measures for this project: a. The permittee shall incorporate measures to control the quantity and quality of runoff from the site entering the MSHCP Conservation Area. In particular, measures shall be put into place to avoid discharge of untreated surface run-off from developed paved areas into the MSHCP Conservation Areas. b. Land Uses proposed in proximity to the MSHCP Conservation Area that use chemicals or generate byproducts, such as manure, that are potentially toxic or may adversely affect the wildlife species, habitat or water quality shall incorporate measures to ensure that the application of such chemicals does not result in discharge to the MSHCP Conservation Area. The greatest risk of this is from landscaping fertilization overspray. C. Night lighting shall be directed away from the MSHCP Conservation Area to protect species within the MSHCP Conservation Area from direct night lighting. Shielding shall be incorporated in project designs to ensure that ambient lighting in the MSHCP Conservation Area is not increased. d. Proposed noise generating land uses affecting the MSHCP Conservation Area shall incorporate setbacks, berms, or walls to minimize the effects of noise on the MSHCP Conservation Area resources pursuant to applicable rules, regulations, and guidelines related to land use noise standards, (as contained within the City of Temecula General Plan). e. Consider invasive, non-native plant species listed in table 6-2 of the MSHCP on the construction landscape plans to avoid the use of invasive plant species for the portions of the project that are adjacent to the MSHCP Conservation Area. Considerations in reviewing this list shall include the proximity of the planting areas to the proposed MSHCP Conservation Area, species considered in the planting plan, resources being protected within the MSHCP Conservation Area and their relative sensitivity to invasion, and barriers to plant and seed dispersal, such as walls topography and other features. f. Proposed land uses adjacent to the MSHCP Conservation Area shall incorporate barriers, where appropriate, in project design, to minimize unauthorized public access, domestic animal predation, illegal trespassing, or dumping into the MSHCP Conservation Areas. Such barriers may include native landscaping, rocks/boulders, fencing, walls signage and/or other appropriate mechanisms. g. Manufactured slopes and grading associated with the proposed development of the site shall not extend into the MSHCP Conservation Areas. 4.e. No Impact: The construction and Development of Crowne Plaza Hotel will not conflict with any local ordinances or policies as they relate to the protection of biological resources. The City of Temecula does not have any specific ordinances that protect specific biological resources at this time. The City of Temecula General Plan outlines a number of policies which emphasize the interrelationship between the built and natural environment. The General Plan recognizes the importance of conserving important biological habitat and protecting plant and animal species of concern. As a result, the General Plan requires that development proposals identify significant biological resources. The Biological Assessment that was completed for the Crowne Plaza project site did not identify any sensitive plant species, sensitive bird species, sensitive mammal species, sensitive reptile or amphibian species on site. Additionally, a Burrowing Owl survey was completed to identify any potential habitat which would assess the likelihood that Burrowing Owls would utilize the property. No habitat or burrows were found on-site. No impact will occur. 4.f. No Impact: The proposed development of the project will not conflict with the provisions of the Multi- Species Habitat Conservation Plan (MSHCP). The MSHCP is a comprehensive, multi-jurisdictional plan which focuses on the conservation of 146 species and their associated habitats in Western Riverside County. The Plan's overall goal is to maintain a biological and ecological diversity within the rapidly urbanizing area. The GAPLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEQA Initial Study.doc 16 Plan Area encompasses approximately 1.26 million acres and includes the City of Temecula within its boundaries. In considering the development of this site in the context of the MSHCP, it has been determined that the project site is located within two MSHCP Criteria Cells (Southwest Area Plan - Subunit 1 Murrieta Creek). Since the project lies within a designated Criteria Cell, it is required that the project be reviewed for consistency with the MSHCP. A Habitat Acquisition Negotiation Strategy (HANS) and Joint Project Review application was submitted to the Regional Conservation Authority along with the Biological Assessment completed for this project. As a result of the Joint Project Review, it was determined that Proposed Constrained Linkage 13 consists of Murrieta Creek, and that this Constrained Linkage connects the existing Core F (Santa Rosa Plateau Ecological Reserve) to the north, to the Proposed Constrained Linkage to the south. This Linkage is constrained by most of its length by existing development. The subject property is located within Cell 7021 and conservation within this cell will contribute to the assembly of Proposed Constrained Linkage 13. Conservation within this Cell will focus on riparian scrub, woodland, and forest habitat along Murrieta Creek. Areas conserved in this Cell will be connected to riparian scrub, woodland and forest habitat proposed for conservation in Cell 6891 to the north and Cell 7078 to the south. Conservation within the subject Cell (7021) will range from 20%-30% of the Cell. A small portion of the subject property is also located within Cell 7078. Conservation in Cell 7078 will contribute to assembly of proposed Constrained Linkage 13 and will focus on riparian sage scrub, woodland and forest habitat along Murrieta Creek. Areas conserved within this cell will be connected to riparian, woodland and forest habitat in Cell 7021 to the north and Cell 7079 to the south. Conservation within this Cell will range from 15%-25%, focusing on the northeastern portion of the Cell. Given the proposed project's location within these Cells (the southeast corner of Cell 7021 and a small portion of the proposed project is located in Cell 7078), in relation to these proposed conservation areas the construction of the proposed project does not conflict with the Reserve Assembly. No portions of the project site are impacted by the proposed conservation and no portions of the project site are proposed for conservation by the Regional Conservation Authority and MSHCP. In addition to determining that no portion of the site has been designated for conservation in accordance with the MSHCP, the completion of the Joint Project Review by the City of Temecula and Regional Conservation Authority has also determined that the proposed project is consistent with the MSHCP. It has been determined that the project will not significantly impact any protected species associated with riparian/riverine area, as the project site does not support any riparian or riverine habitat. It has also been determined that the project will not significantly impact any protected species that are associated with vernal pools. No vernal pools or soil conditions indicative of vernal pools are present on the project site, as concluded from the field investigation. In addition, the soil on the site is not consistent with those known to support vernal pools. The topography lacks suitable areas which may pool or pond water which may be sufficient to develop vernal pools. It has been determined, as a result of the Joint Project Review, that the project will not have a significant impact on any protected narrow endemic plant species. The project site is not within a Narrow Endemic Plan Species Area (NEPSSA); however, comprehensive plant surveys were conducted for sensitive plants. The plan survey did not identify any narrow endemic plants on the site. The Munz's Onions, which were identified near the project site, are not anticipated to occur on the actual project site due to the absence of suitable clay soils, and the significant amount of past disturbances which have occurred on the site over the past few years. No narrow endemic plants will occur on the site. Additionally, as a result of the initial field investigation (Phase I), it was determined that potential habitat was present on the site to support the Burrowing Owl. Since habitat was identified a focused survey was conducted (Phase II) to determine the presence/absence of the species and the presence/absence of suitable burrows (occupiable burrows). The focused survey was conducted by a professional Biologist from RCA Associates, LLC on September 26, 2008. The survey was conducted, according to protocol, at sunset and transects of no more than 30 meters apart were completed from 100 percent visual coverage of the site. No occupiable burrows were observed in the site. A Phase III survey was not conducted due to the absence of any suitable owl burrows and no additional surveys or procedures are required. The proposed project is not in proximity to an existing or proposed MSHCP Conservation area; therefore the Urban/Wildlands interface does not apply. There are no major wildlife corridors present on the site or in adjacent areas and the proposed G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEQA Initial Study.doc 17 project will not impede regional wildlife movement or impact any MSHCP-designated corridor or habitat linkages. No impact will occur, as the project has been determined to be consistent with the MSHCP. CULTURAL RESOURCES. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Cause a substantial adverse change in the significance of x a historical resource as defined in Section 15064.5? b Cause a substantial adverse change in the significance of x an archaeological resource pursuant to Section 15064.5? c Directly or indirectly destroy a unique paleontological x resource or site or unique geologic feature? d Disturb any human remains, including those interred x outside of formal cemeteries? Comments: 5.a.,b. No Impact.: "Historic Resources" as defined by CEQA Section 15064.5 are prehistoric and historic- era (i.e. greater than 45 years of age) resources that are assessed as being "significant," insofar as their evidentiary contents can be demonstrated relevant to the established local, regional or national research domains, issues and questions. According to a Phase I Archeological Report that was completed for the property in May of 2005, a cultural resources records check from the Eastern Information Center (of the California Historical Resources Information System- CHRIS) was conducted. An intensive pedestrian field investigation was also completed using 15 meter transects. Ground surface visibility was greatly impeded by dense vegetation. No historical resources were encountered or observed at this time. According to this same archeological report, the subject parcel had previously been surveyed for cultural resources (White, 1990). No cultural resources or historical resources have been recorded within the boundaries of the subject parcel. No historical artifacts, features, or sites were identified through the systematic field survey of the subject parcel. 5.c.,d. Potentially Significant Unless Mitigation Incorporated: Although no historical, cultural, archeological or paleonotological resources were observed on-site, the Phase I study does indicate that the ground surface was greatly impeded by dense vegetation. As a result of this vegetation, certain types of archeological, paleontological, historical or cultural resources may not have been observed during the field investigation. As such, it cannot be determined with certainly that no cultural resources will be impacted, or discovered during ground disturbance, grading, grubbing and other construction related activities. Accordingly, the Phase I Cultural Resources Report, which was completed in May of 2005, recommends that the following mitigation measures be incorporated into the project: a. As the vegetation on the project site is dense, a qualified archeological monitor shall be retained during the brushing and grubbing phase of the project to observe any potential cultural resources which may be uncovered on-site. If any archeological or historical remains are uncovered during the brushing and grubbing phase of the project, or any other subsequent phase of the project involving ground disturbing activities, construction related work shall be halted and a qualified archeologist shall conduct a survey of the area to make a preliminary determination of the significance of the findings. Evaluation or recovery operations shall be completed as quickly as possible to minimize construction delays. b. If any vertebrate fossils are encountered during grading and/or construction activities, all work in that are shall be halted or diverted until a qualified paleontologist can evaluate the nature of the find (s). C. If any human remains are encountered during the grading and/or grubbing and/or construction activities, the Riverside County Coroners Office shall be contacted within 24 hours. G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\t PLANNING COMMISSION\CEQA Initial Study.doc 18 GEOLOGY AND SOILS. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involvin : i. Rupture of a known earthquake fault, as delineated on the x most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic round shaking? x iii. Seismic-related round failure, including liquefaction? x iv. Landslides? x b Result in substantial soil erosion or the loss of topsoil? x c Be located on a geologic unit or soil that is unstable, or that x would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d Be located on expansive soil, as defined in Table 18-1-B of x the Uniform Building Code (1994), creating substantial risks to life or property? e Have soils incapable of adequately supporting the use of x septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: 6.a.i-ii. Potentially Significant Impact Unless Mitigation Incorporated: An Updated Preliminary Geotechnical Interpretive Analysis was completed by Earth-Strata Inc., dated September 3, 2008. According to this analysis, the Crowne Plaza Hotel project is proposed to be located within a seismically active region. As a result, significant ground shaking will likely impact the site within the life of the proposed project. The geologic structure of the entire southern California Region is dominated by northwest-trending faults associated with the San Andreas Fault system, which accommodates most of the right lateral movements associated with the relative motion between the Pacific and North American tectonic plates. Known active faults within this system include the Newport-Inglewood Fault, Whittier-Elsinore Fault, San Jacinto Fault and San Andreas Fault. No active faults traverse the project site and the site is not located within an Alquist-Priolo Earthquake Fault zone. However, based on the review of regional geologic maps and the computer program - USGS 2002 Interactive De-aggregation, the Elsinore-Temecula Fault is the closest known active fault anticipated to produce the highest ground accelerations. This fault has an approximate site to source distance of 0.7 miles and is anticipated to have a maximum modal magnitude of 6.6. Based upon the data compiled during the preparation of the Preliminary Geotechnical report, it has been determined that the potential surface rupture to adversely impact the proposed structures is low to remote, however since the proposed project is located within a seismically active region, and ground shaking will likely impact the site during the life of the project, the following mitigation measure shall be required: a. Structures are required to be designed and constructed to resist the effects of seismic ground shaking and ground motions as provided in the 2007 California Building Code Section 1613. The following seismic design coefficients should be implemented during the design of the proposed structures for the project: G:\PLANNING0008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEOA Initial Study.doc 19 2007 CBC FACTOR Site Location Latitude: 33.5011 Longitude -117.1538 Site Class D Mapped Spectral Accelerations for short periods, Ss 1.94 Mapped Spectral Accelerations for 1-second Period, S1 0.72 Site Coefficient, Fa 1.0 Site Coefficient, F„ 1.5 Maximum Considered Earthquake Response Accelerations for Short Periods, Sms 1.94 Maximum Considered Earthquake Spectral Response Accelerations for 1-Second 1.08 Period, Sm1 Design Spectral Response Acceleration for Short Period, SIDS 1.30 Design Spectral Response Acceleration for 1-Second Period, SD1 0.72 Seismic Design Category D Importance Factor Based on Occupancy for Category II b. All conclusions and recommendations specified in the Updated Geotechnical Study prepared by Earth-Strata dated September 3, 2008 shall be incorporated into the plans for the project and implemented during construction. 6.a.iii,iv,6.b,c Less than Significant Impact: As indicated above, the project site is located in a seismically active region and within the general vicinity of a number of earthquake faults. Considering this, the project site has the potential for seismic related ground failure. Soil liquefaction is caused by the loss of soil strength, which is a result of increased pore water pressures related to significant seismic activity. This phenomenon occurs primarily in loose to somewhat dense cohesion-less soils which are located within a groundwater zone. When seismic shaking occurs a rearrangement of the soil particles takes place, putting them into a denser condition, which results in localized settlement and sand boils and/or flow failures. The Liquefaction Area Map provided by the City of Temecula's Geographic Information System indicates that the subject parcel is susceptible to liquefaction in the event of strong seismic ground shaking. The preliminary geotechnical study, dated September 3, 2008, has analyzed the effects of seismic shaking considered as hazards including several types of ground failures. According to this study, different types of ground failure, which could occur as a consequence of severe ground shaking at the site include landslides, ground lurching, shallow ground rupture and liquefaction lateral spreading. The probability of occurrence of each type of ground failure depends on the severity of the earthquake, distance of the project site from known faults, site topography, the state of the subsurface earth materials, ground water conditions and other factors. Based upon the subsurface exploration of the site and laboratory testing, soil liquefaction as a result of seismic activity is considered to be unlikely. Liquefaction analysis were performed in the referenced geotechnical report for the existing un-graded conditions, using a conservative ground water level of zero feet to represent the historic high groundwater level. The analyses of existing conditions determined that the potentially liquefiable earth materials were not encountered during Boring B-2. Additionally, the proposed structures will be supported by compacted fill and competent alluvium, with groundwater at a depth of approximately 25 feet. As such, the potential impact is considered to be very low to remote due to the recommended fill, relatively low ground water level and the dense nature of the deeper on-site earth materials. In order to ensure that any potential impacts related to liquefaction are addressed, the Department of Public Works has conditioned the project to require that a Geotechnical Report be prepared by a registered engineer or engineering geologist and submitted to the Department of Public Works with the initial grading plan check. This report is required to address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report will include recommendations to mitigate the impact of liquefaction and the project will be required to include these measures into the project design. A less than significant impact will occur. G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEOA Initial Study.doc 20 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillillilillillillillillillI 111111111 6.b. Less than Significant Impact: The project will not result in substantial loss of topsoil or erosion since the project will be constructed according to the specifications outlined in the Geotechnical Study. Additionally, the site will be graded according to all Public Works specifications and according to all specifications in the Geotechnical Report, and will be paved and improved with asphalt, concrete, landscaping and other materials. Therefore, soil erosion or loss of topsoil is not likely to occur since the site will be developed and will no longer be a vacant parcel. A less than significant impact will occur. 6.d. Potentially Significant Unless Mitigation Incorporated: According to the Updated Preliminary Geotechnical Interpretive Analysis that was completed for the project site by Earth-Strata, dated September 3, 3008, the preliminary laboratory test results indicate that on-site earth materials exhibit an expansion potential of low to medium as classified in accordance with the 2007 California Building Code Section 1802.3.2 and ASTM D4829-03. Since it cannot be determined at this time by the laboratory tests that have already been conducted for the project site whether the soil has an either low or medium potential at this time, additional testing shall be conducted upon completion of the rough grading to determine the actual potential. As such, the following mitigation Measures shall be required for the earth materials tested upon completion of the rough grading: a. The appropriate preliminary design and construction recommendations contained in the Updated Preliminary Geotechnical Interpretive Report, completed by Earth-Strata, dated September 3, 2008, outlined on page 15 under the heading "Low Expansion Potential" and on page 16 under the heading "Medium Expansion Potential," shall be incorporated into the project design, depending upon the determination of the levels of expansion anticipated for the project, as determined at the completion of the rough grading stage of the project. 6.e. No Impact: The proposed project does not include a septic system or other alternative wastewater disposal system. The project is located within the service boundaries of the Rancho California Water District, which will provide sewer service. The project has been conditioned to require that the permittee provide a Rancho California Water District "will-serve" letter to the Planning Department prior to the issuance of grading permits for the project. No impact related to septic system or alternative waste water disposal systems will occur as a result of this project. G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEQA Initial Study.doc 21 HAZARDS AND HAZARDOUS MATERIALS. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Infonnation Sources Significant Mitigation Significant No impact Incorporated Impact Impact a Create a significant hazard to the public or the environment x through the routine transportation, use, or disposal of hazardous materials? b Create a significant hazard to the public or the environment x through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c Emit hazardous emissions or handle hazardous or acutely x hazardous materials, substances, or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d Be located on a site which is included on a list of hazardous x materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e For a project located within an airport land use plan or, x where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f For a project within the vicinity of a private airstrip, would the x project result in a safety hazard for people residing or working in the project area? g Impair implementation of or physically interfere with an x adopted emergency response plan or emergency evacuation plan? h Expose people or structures to a significant risk or loss, x injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: 7.a. Less than Significant Impact: The proposed Crowne Plaza project will not create a significant hazard to the public or the environment through routine transportation, use or disposal of hazardous materials. The proposed land use, a full service hotel, does not involve the transport, use or disposal of hazardous materials. A Chemical Classification Packet was submitted to the Fire Prevention Bureau for this business to determine if the Crowne Plaza Hotel would be storing, using or handling hazardous materials. This documentation also assists the Fire Prevention Bureau in determining application of the Uniform Fire Code for this project and additional permit requirements. The Chemical Classification Packet included the following information: the types of chemicals used or stored on-site, the chemical concentration, or percentage of their composition, the Chemical Abstract Number, the material form i.e.) liquid, gas or solid form, the quantity of chemicals stored or used, the location, and the hazard class. According to the information contained in the Chemical Classification Packet submitted for this project, Calcium Hypochlorite will be stored on-site within the pool equipment room. However, no significant impact will occur since the applicant will be required to comply with all City of Temecula Fire Prevention requirements and precautions for the storage and use of this chemical. G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEOA Initial Study.doc 22 7.b.,c. No Impact: The proposed project will not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. The proposed project is a full service hotel (Crowne Plaza Hotel) and will not emit hazardous materials into the environment, or impact the public through the accidental release of toxic chemicals. The proposed project will not emit hazardous emissions, and the day-to-day operations of the Crowne Plaza Hotel will not require the handling of hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste. Additionally, the proposed project is not located within one-quarter mile of an existing or proposed school. No hazardous emissions will occur, and no hazardous materials will be handled on-site as a part of the day-to-day business operations of the Crowne Plaza Hotel, therefore, no impact will occur. 7.d. No Impact: The proposed project will not be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, will not create a significant hazard to the public or the environment. The California Environmental Protection Agency lists Hazardous Waste and Substances Sites. The project site is not on this list, therefore no impact related to hazardous materials posing a significant hazard to the public or environment will occur. 7.e.,f. No Impact: The project is not located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport. Therefore, the project will not result in a safety hazard for people residing or working in the project area. The project is not located within the vicinity of a private airstrip and would not result in a safety hazard for people residing or working in the project area. No impact will occur. 7.g. No Impact: The proposed project would not impair the implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan. The proposed project site is located within an area that is surrounded by substantially developed commercial uses and the subject parcel for which the development of Crowne Plaza Hotel is proposed is zoned Highway Tourist Commercial and was always intended to be developed with commercial uses. The development of this parcel with a 125,810 square foot hotel will not physically interfere with an adopted emergency response plan or emergency evacuation plan. No impact will occur. 7.h. No Impact: According to the City of Temecula Geographic Information Systems, the project site is not located within a High Fire Hazard area. Therefore, the project will not expose people or structures to a significant risk or loss, injury or death involving wild land fires, including where wild lands are adjacent to urbanized areas or where residences are intermixed with wild lands. The closest High Fire Hazard area is located approximately three miles west of the project site, outside the City's boundaries. Since the project is not located within a High Fire Hazard area and is not located in the immediate proximity of a High Fire Hazard area injury, death and loss of life resulting from a wildfire is not likely to occur. Additionally, the City of Temecula Fire Prevention Bureau has reviewed the proposal to construct the Crowne Plaza Hotel on the subject parcel and will require Conditions of Approval to ensure all precautionary measures occur, that the project meets all fire code requirements, and that the project will be provided fire protection, if needed, in the case that a fire does occur on-site. No impact will occur. G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEOA Initial Study.doc 23 HYDROLOGY AND WATER QUALITY. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Violate any water quality standards or waste discharge x requirements? b Substantially deplete groundwater supplies or interfere x substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c Substantially alter the existing drainage pattern of the site or x area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d Substantially alter the existing drainage pattern of the site or x area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e Create or contribute runoff water which would exceed the x capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f Otherwise substantial) degrade water quality? x g Place housing within a 100-year flood hazard area as x mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Ma or other flood hazard delineation map? h Place within a 100-year flood hazard area structures which x would impede or redirect flood flows? I Expose people or structures to a significant risk of loss, x injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Inundation b seiche, tsunami, or mudflow? x Comments: 8.a,f Less than Significant Impact: The proposed project will not violate any water quality standards or waste discharge requirements. A Water Quality Management Plan (WQMP) has been prepared by SW Engineering, dated September 29, 2008. The WQMP has identified a number of site design concepts that will achieve the following water quality objectives: 1) minimize urban run-off, 2) minimize the project's impervious footprint, 3) conserve natural areas and 4) minimize directly connected impervious areas. The WQMP identifies best management practices (BMP's) that have been implemented in the project design to ensure that that all water quality standards are upheld, and that waste discharge requirements are met. Additionally, the WQMP requires that the permittee obtain a State Water Resources Control Board General Construction Permit for this project. The Construction General Permit requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP will contain a site map, which shows the construction site perimeter, existing and proposed buildings, lots, roadways, storm water collection and discharge points, general topography both before and after construction, and drainage patterns across the project. The SWPPP GAPLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\l PLANNING COMMISSION\CEQA Initial Study.doc 24 is required to list Best Management Practices (BMPs), as identified in the WQMP for the project. Additionally, the SWPPP will identify the proposed methods to protect storm water runoff and the placement of those BMPs. Additionally, the SWPPP is required to contain a visual monitoring program, a chemical monitoring program for "non-visible" pollutants to be implemented if there is a failure of BMPs, and a sediment monitoring plan as the site discharges directly to a water body listed on the 303(d) list for sediment (Murrieta Creek). Considering that BMP's will be implemented and the permittee/applicant will be required to submit a SWPPP to the State Water Resources Board for a General Construction Permit a less than significant impact is anticipated to occur. 8.b. Less than Significant Impact: The proposed project will not interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted). A Water Quality Management Plan has been prepared for the project to ensure that water quality will be maintained and that drainage and infiltration will occur. Additionally, there is adequate open space and landscaping on-site to ensure adequate ground water re-charging. The project design also includes pervious pavement to ensure that water and run- off is re-charged back into the ground water table. The project will also require clearance from the Rancho California Water District (RCWD). In July 2008 RCWD declared a Stage 2 - Water Alert due to continued drought conditions in the state of California. This declaration requires that RCWD customers voluntarily reduce water use through a number of measures and actions. According to correspondence sent from RCWD regarding the proposed Crowne Plaza hotel project, RCWD will provide service to the site contingent upon the project meeting the requirements in the RCWD Water Shortage Contingency Plan. Compliance with this plan will ensure that the project uses water in an efficient manner and that water demand can continue to be met, even during water shortages caused by drought. A less than significant impact will occur. 8.c,d,e. Less than Significant Impact: The proposed project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on or off site. No water courses, including streams or rivers, exist on the project site. The closest water body is Murrieta Creek, which is located across Jefferson Avenue to the west of the project site. According to the WQMP prepared for the project, the development has the potential to erode the downstream channel and permanently impact the downstream channels and habitat integrity. A change to the hydrologic regime of the project could be considered a potentially significant impact if the downstream erosion, compare to the pre-development condition, would have a significant impact on stream habitat as a result of erosion. However, runoff from the proposed project is discharged directly to a publicly owned, operated and maintained MS4 facility. The discharge from the site is in full compliance with the Co-permittee (State Water Resources Control Board- SWRCB) requirements for discharges and connections to the MS4 (including both quality and quantity requirements). The discharge would not significantly impact stream habitat in receiving waters (Murrieta Creek and associated tributaries), and the discharge is authorized by the Co-permittee. A less than significant impact will occur to existing drainage patterns and to the drainage patterns of Murrieta Creek, which is located to the west of the project site. The proposed project will not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off site. A Drainage Study was completed by SW Engineering, dated August 4, 2008. According to this drainage study the development of the proposed project site will increase the run-off discharge from the site to approximately 5.7 cfs. In order to ensure that a less than sign impact related to drainage and run-off, the proposed project has included two pervious concrete areas that will detain the increase in run-off before discharging into the street (Jefferson Avenue). The pervious concrete detention basins will decrease run-off by 1.3 cfs. As such, the development of the site will not cause any significant impacts on downstream storm water facilities and will not substantially alter the course of a stream bed or river or increase the amount of run-off in manner that could result in flooding on or off the site. A less than significant impact will occur. G:IPLANNINGt2008\PA08-0176 Crown Plaza Hotel DP\Planning\t PLANNING COMMISSIOMCEOA Initial Study.doc 25 8.g. No Impact: The proposed project would not place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. The proposed project does not involve the construction of residential units. No impact will occur. 8.h. No Impact: A portion of the project site is located within the 100-year flood hazard area. The southwestern triangle of the project site is located within the 100-year flood hazard area. No structures or buildings are proposed to be constructed on this portion of the project site. Therefore, the proposed project will not place structures within a 100-year flood hazard. As such, the proposed project would not impede or redirect flood flows. No impact will occur. 8.i. Less than Significant Impact: The proposed project will not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. A portion of the site (southwestern triangle) is located within a 100-year flood plain. However, no structures will be constructed within the 100-year flood plain. According to the City of Temecula General Plan the project site is located within a Dam Inundation Area. Vail Lake is located to the east of the City of Temecula. Failure of this 51,000 acre feet facility would result in flooding in Pauba Valley and Temecula Valley. Interstate 15 and an adjacent 3-mile area would also flood. However, the likelihood of induced flooding due to the failure of a dam or levee is considered to be unlikely, and it is considered remote that the retention system for Vail Lake would be compromised to the point of failure. Additionally, the project site is located approximately 1,000 feet above mean sea level. A less than significant impact is anticipated to occur. 8.j. Less than Significant Impact: According to the Updated Preliminary Geotechnical Interpretive Analysis that has been prepared for the project by Earth-Strata, dated September 3, 2008, seismically induced flooding is normally consequence of a tsunami (seismic sea wave), seiche (a wave-like oscillation of surface water that may be initiated by a strong earthquake), or a failure of a major reservoir or retention system up grade from the site. The proposed project is not located in an area that is typically impacted by tsunami. The proposed project is located at an elevation of approximately 1,000 feet above mean sea level and is located more than 20 miles inland from the nearest coastline or Pacific Ocean. As such, the potential for seismically induced flooding as a result of a tsunami is considered to be nonexistent. It is not likely that the site will be impacted by landslides. No landslide debris was observed during the subsurface exploration and not ancient landslides are known to exist on this site. Additionally, considering the topography of the site and its relatively flat topography, landslides are not likely to occur. A less than significant impact will occur. WPLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1PLANNING COMMISSION\CEOA Initial Sludy.doc 26 LAND USE AND PLANNING. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Im ad Incorporated Impact Impact a Physically divide an established community? x b Conflict with any applicable land use plan, policy, or x regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c Conflict with any applicable habitat conservation plan or x natural community conservation plan? Comments: 9.a. No Impact: The proposed project will not physically divide an established community. The proposed project is an infill development project located on a 3.6 acre parcel., which is currently vacant. The proposed project is surrounded by substantially developed parcels to the south, north and northeast of the project. The project site is buffered by Interstate 15 to the east and Murrieta Creek to the west. The Murrieta Creek property is zoned Open Space-Conservation (OS-C) and is intended to be preserved in its natural state. The proposed project abuts an existing retail center and hotel to the south. The hotel (Hampton Inn) is four stories and approximately 105,000 square feet. The proposed project also abuts a three-story hotel to the north (Springhill Sites) of approximately 77,000 square feet. This hotel is currently under construction. The project site also abuts a vacant parcel to the northwest. This parcel is under the same ownership as the proposed Crowne Plaza Hotel project and will be developed at a later date. Two commercial/retail shopping centers and restaurant uses currently exist further to the north of the project site, east of Del Rio Road. Jefferson Avenue. The project does not involve any additional street or highway improvements which could otherwise divide an established community. No impact will occur. 9.b. No Impact: The proposed project will not conflict with an applicable land use plan, policy, or regulation of an agency with jurisdiction over the project, (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect. The project is not located within a constraint area of the City; therefore no adverse impact is anticipated. The property's General Plan land use designation is Highway Tourist Commercial (HT). The property is zoned Highway Tourist Commercial and the proposed hotel is consistent with the General Plan land use designation for the property. The proposed project meets all Development Code and zoning standards. Since the Development Code is a tool to implement the General Plan, and this project meets all Development Code requirements, it can be concluded that the project is also consistent with the General Plan. No conflict with any applicable land use plan will occur, and therefore, no environmental impact will occur. 9.c. No Impact: The proposed development of the project will not conflict with the provisions of the Multi- Species Habitat Conservation Plan (MSHCP). The MSHCP is a comprehensive, multi-jurisdictional plan which focuses on the conservation of 146 species and their associated habitats in Western Riverside County. The Plan's overall goal is to maintain biological and ecological diversity within the rapidly urbanizing area. The Plan Area encompasses approximately 1.26 million acres and includes the City of Temecula within its boundaries. In considering the development of this site in the context of the MSHCP, it has been determined that the project site is located within two MSHCP Criteria Cells (Southwest Area Plan - Subunit 1 Murrieta Creek). Since the project lies within two designated Criteria Cells, it is required that the project be reviewed for consistency with the MSHCP. A Habitat Acquisition Negotiation Strategy (HANS) and Joint Project Review application was submitted to the Regional Conservation Authority, with the Biological Assessment that has G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEQA Initial Study.doc 27 been completed for this project. Additional information related to the findings and analysis contained in the biological assessment can be found in the Biological Resources Section (above-Section 4.f.). According to the Biological Assessment document and the analysis done for the project site no impact will occur as the project has been determined to be consistent with the MSHCP. MINERAL RESOURCES. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Result in the loss of availability of a known mineral x resource that would be of value to the region and the residents of the state? b Result in the loss of availability of a locally-important x mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: 10.a. No Impact: The construction of this project on the proposed site is not anticipated to result in the loss of a known mineral resource that would be of value to the region or to the residences of the State. According to the General Plan, the State Division of Mines and Geology has prepared a mineral resources report entitled, Mineral Land Classification of the Temescal Valley Area, Riverside County, California, Special Report 165, which evaluated mineral deposits within the Temecula Planning Area. According to the State Geologist, the Temecula Planning Area was classified as a Mineral Resources Zone-3a (MRZ-3a), which determined that the area contains sedimentary deposits which have the potential to supply sand and gravel for concrete and crushed stone for aggregate, however these areas are not considered to contain mineral resources of significant economic value. No impact is anticipated. 10.b. No Impact: This project is not anticipated to result in the loss of locally important mineral resources, as the project site which is within the Temecula Planning area which has been classified as a Mineral Resources Zone-3a (MRZ-3a). According to the General Plan, the Temecula Planning Area is not considered to contain mineral resources of significant economic value. The property on which the proposed project will be located does not represent an area of locally important mineral resources. No impact will occur. GAPLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1PLANNING COMMISSION\CEQA Initial Study.doc 28 NOISE. Would the project result in: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Exposure of persons to, or generation of noise levels in x excess of, standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b Exposure of persons to or generation of excessive x round-borne vibration or round-borne noise levels? c A substantial permanent increase in ambient noise levels x in the project vicinity above levels existing without the project? d A substantial temporary or periodic increase in ambient x noise levels in the project vicinity above levels existing without the project? e For a project located within an airport land use plan or, x where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f For a project within the vicinity of a private airstrip, would x the project expose people residing or working in the project area to excessive noise levels? Comments: 11.a.,d. Potentially Significant Unless Mitigation Incorporated: Noise is defined as unwanted or objectionable sound. The effects of noise on people can include general annoyance, interference with speech communication, sleep disturbance and, in the extreme, hearing impairment. The unit of measurement used to describe a noise level is the decibel (dB). The human ear is not equally sensitive to all frequencies within the sound spectrum. Therefore, the "A weighted" noise scale, which weights the frequencies to which humans are sensitive, is used for measurements. Noise levels using A weighted measurements are written as dB (A) or dBA. Decibels are measured on a logarithmic scale, which quantifies sound intensity in a manner similar to the Richter scale used for earthquake magnitudes. Excessive noise is considered to be an environmental impact under CEQA. In order to determine the potential noise impacts associated with the construction and operation of this project, a Noise Impact Analysis Report has been prepared by Chambers Group dated October 2008. The City of Temecula General Plan Noise Element identifies the importance of reducing noise impacts and also acknowledges the importance of separating sensitive receptors from excessive noise. Sensitive receptors are activities or land uses that may be subject to the stress of significant interference from noise. Land uses associated with sensitive receptors often include residential dwellings, mobile homes, schools, churches, hotels/motels, hospitals, nursing homes, education facilities, and libraries. The closest sensitive receptors are the subject site itself, the hotel property directly adjacent to the southern site boundary, and the hotel property directly adjacent to the northern site boundary which is currently under construction. According to the City of Temecula General Plan Noise Element, the City of Temecula has adopted a modified version of the State of California noise/land use compatibility standards (Table 4; below). For transient lodging, such as the project, exterior noise levels ranging up to 60 dBA CNEL are classified as "normally acceptable," based upon the assumption that the hotel is built with conventional construction. Noise levels between 60 and G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\7 PLANNING COMMISSION\CEQA Initial Study.doc 29 70 dBA CNEL, noise levels are considered "conditionally acceptable." "Conditionally acceptable" means that noise levels are acceptable only when a detailed noise analysis is conducted and necessary noise insulation features are included in the design. Noise levels ranging from 70 to 80 dBA CNEL are considered "normally unacceptable" and new development is discouraged. Transient lodging land uses in noise environments that exceed 80 dBA CNEL are identified as "Clearly Unacceptable" and should generally not be undertaken. Community Noise Exposure Land Use (Ldn or CNEL) 55 60 65 70 75 80 Residential1 Transient Lodging - Motel, Hotel Schools, Libraries, Churches, Hospitals, Nursing Homes Auditoriums, Concert Halls, Amphitheaters Sports Arena, Outdoor Spectator S orts2 Playgrounds, Parks Golf Course, Riding Stables, Water Recreation, Cemeteries Office Buildings, Business Commercial, and Professional Industrial, Manufacturing, Utilities, '1111117 71!!;;: Agriculture Source: City of Temecula General Plan Noise Element 1. Regarding aircraft-related noise, the maximum acceptable exposure for new residential development is 60 dB CNEL. 2. No normally acceptable condition is defined for these uses. Noise studies are required prior to approval. Normally Acceptable: Specified land use is satisfactory, based upon the assumption that any buildings involved meet conventional Title 24 construction standards. No special noise insulation requirements. to:MM Conditionally Acceptable: New construction or development shall be undertaken only after a detailed noise analysis is made and noise reduction measures are identified and included in the project design. G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEQA Initial Study.doc 30 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillillilillillillillillillilliillillillillillillilliillillillillilI 1111 Normally Unacceptable: New construction or development is discouraged. If new construction is proposed, a detailed analysis is required, noise reduction measures must be identified, and noise insulation features included in the design. - Clearly Unacceptable: New construction or development clearly should not be undertaken. Noise generated on the proposed hotel property that may impact noise sensitive receptors off-site is subject to the Exterior Noise Standards found in the City of Temecula General Plan Noise Element, which restricts exterior noise levels to an average of 70 dBA CNEL for Highway Tourist Commercial land uses. The City's adopted guidelines for all land use types are shown in Table 3 (below). Table 3: City of Temecula Noise Standards Maximum Noise Level Property Receiving Noise (Ldn or CNEL, dBA) Type of Use Land Use Designation Interior Exterior Hillside Rural Very Low 45 65 Residential Low Low Medium Medium 45 65 / 70 High 45 701 Neighborhood Commercial and Community 70 Office Highway Tourist Service Professional Office 50 70 Light Industrial Industrial Park 55 75 Public/Institutional Schools 50 65 All others 50 70 Open Space Vineyards/Agriculture 70 Open Space 70 /652 Source: City of Temecula General Plan Noise Element. 1 Maximum exterior noise levels up to 70 dB CNEL are allowed for Multiple-Family Housing. 2 Where quiet is a basis required for the land use. Development of the Project would require site preparation (i.e., land clearing, grading, excavation and trenching) and construction of the buildings and infrastructure. These activities typically involve the use of heavy equipment, such as graders, backhoes, and cranes. Trucks would be used to deliver equipment and building materials, and to haul away waste materials. Smaller equipment, such as air compressors, pneumatic tools, plate compactors, and concrete vibrators would also be used throughout the site during its development. This equipment would generate noise that would be heard both on and off the Project site. Table 5 (below) lists typical construction equipment noise levels for equipment that typically would be used during construction of the Project. Construction activities are carried out in discrete steps, each with a different mix of equipment, and consequently its own noise characteristics. These various sequential phases would change the character of the noise levels surrounding the construction site as work progresses. Despite the variety in the type and size of construction equipment, similarities in the dominant noise sources and patterns of operation allow noise ranges to be categorized by work phase. G:\PLANNING0008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEQA Initial Study.doc 31 Table 5: Noise Associated with Typical Construction Equipment Maximum Noise Levels Measured Type of Equipment dBA CNEL at 50 feet Grader 78 Backhoe 77 Pavers 87 Scraper 85 Crane 82 Crusher/processor 82 Concrete Saw 84 Trucks 87 Source: U.S. EPA 1971 'CNEL Based on an 8 hour workday The grading and site preparation phase tends to create the highest noise levels because the noisiest construction equipment is found in the earthmoving equipment category. This category includes excavating machinery (backhoes) and earthmoving equipment (graders, scrapers etc.). Typical operating cycles may involve one or two minutes of full power operation producing noise levels similar to those shown in Table 5, followed by three or four minutes of lower power settings. The grading and site preparation phase for this Project is expected to last three and a half months. The most proximate sensitive receptor subject to potential construction noise impacts is the existing hotel directly adjacent to the southern Project boundary. During the peak of construction at the nearest sensitive noise receptor when grading equipment is closest to this sensitive receptor; noise levels may exceed the 70 dBA CNEL standard. Noise levels would be 30 to 40 dBA lower during the majority of the construction period due to lower power settings. Attenuation due to distance would occur as construction activities move away from the perimeters closest to the sensitive receptor use. As a result of the anticipated nuisance that may occur related to construction noise, the City of Temecula has adopted construction-related noise controls. The City of Temecula Municipal Code (Section 8.32.020) provides restrictions on the times during which construction activity can take place. For construction sites within one-quarter mile of an occupied residence, it limits construction to between the hours of 6:30 a.m. and 6:30 p.m., Monday through Friday, and 7:00 a.m. and 6:30 p.m. on Saturday. No construction activity is permitted on Sunday and nationally recognized holidays. The City Council may, by formal action, exempt projects from the provisions of Section 8.32.020, and Section 17.08.08 of the City of Temecula Municipal Code exempts construction work that is done during the period of a valid building permit from having the noise sources muffled or otherwise controlled so that the noise is subdued to acceptable levels. Restricting construction activities to the hours of 6:30 a.m. to 6:30 p.m., as constrained within the City of Temecula General Plan, would further reduce the impact of construction related noise. Although at times during the construction activities noise levels may exceed the 70 dBA CNEL standard (Table 3) for hotel properties according to the City of Temecula Development Code (17.08.080), and as stated above, all temporary construction activities are exempt from the noise standards as long as construction activities are conducted the time a valid building permit is in force. Limiting construction to the daytime hours as described above, ensuring that construction equipment is properly maintained with working mufflers with engine shrouds that are no less effective than those originally installed by the manufacturer, and locating all staging areas, stationary equipment, and stock piles as far from the southern site boundary as possible would further reduce overall construction noise impacts to the adjacent hotel property. Therefore, noise impacts from project G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEOA Initial Study.doc 32 generated construction noise would be less than significant with respect to construction noise with the following mitigation measures incorporated: a. All construction equipment shall be properly maintained with operating mufflers and air intake silencers, no less effective than those originally installed by the manufacturer. This measure shall be implemented to the satisfaction of the Planning Director. b. The equipment staging, stationary equipment and storage areas shall be located as far as practical from the existing hotel south of the Project site. This measure shall be implemented to the satisfaction of the Planning Director. C. As required by the City of Temecula Municipal Code (Section 8.32.020), the developer shall require that all construction equipment activities are restricted to occur only between the hours of 6:30 a.m. to 6:30 p.m. weekdays and Saturdays. Construction activities shall not occur on Sundays or Holidays. This measure shall be implemented to the satisfaction of the Planning Director. 11.b. Less than Significant Impact: The construction of the proposed project would not expose people to, or generate excessive ground borne vibrations, or ground borne noise levels. Perceptible ground borne vibrations are typically associated with blasting operations and potentially the use of pile drivers, neither of which would be used during construction of the project. As such, no excessive ground borne vibration would be created by the Project and, therefore, impacts due to Project generated ground borne vibrations would be less than significant. 11.c Potentially Significant Unless Mitigation Incorporated: The Noise Impact Analysis Report completed by Chambers Group, Inc for the proposed project analyzed the potential impacts for the project to create a substantial permanent increase in ambient noise levels, in the project vicinity, above the existing noise levels without the project. The Noise Impact Analysis Report analyzed the long-term vehicular noise impacts associated with the project and the traffic generated noise impacts anticipated as a result of the project. Project generated impacts were assessed by determining the Project's incremental contribution to future roadway noise levels. An increase of 3 dBA CNEL or higher is considered substantial. Project related increases would range from 0.00 dBA CNEL to 0.73 dBA CNEL as illustrated in Table 6 (below). G1PLANNING\2008\PA06-0176 Crown Plaza Hotel DP\Planning\1PLANNING COMMISSION\CEQA Initial Study.doc 33 Table 6: Unmitigated Existing and Future Year 2010 Noise Impacts 'Change I Sensitive Future FuturefromLa tl , , ~i10, 14 "I III ~AII 'I I Segment Existing ;without- With Future ' 'Uses on{adarc( ;31gant project Project Wlth,no;. ;Roadw~a~ (dBA) Impact. ~IIJ 010 1 11 Project" "Se nient " Jefferson Avenue between Site and Del Rio Rd. 63.94 64.82 65.55 0.73 Project 70 No Jefferson Road North of Del Rio Rd. 62.35 62.52 62.52 0.00 None 70 No Del Rio Rd. west of Jefferson Avenue 63.80 64.68 65.41 0.73 None 70 No Jefferson Avenue between Site and Rancho California Rd. 75.99 77.44 77.53 0.09 Hotel 70 No Old Town Front Street south of Rancho California Road 74.42 75.35 75.38 0.03 None 70 No Rancho California Road east of Jefferson Avenue 73.58 75.04 75.12 0.09 Hotel 70 No Rancho California Road west of Jefferson Avenue 73.76 74.69 74.72 0.03 None 70 No Source: CGI 2008 Measured from roadway centerline to approximate location of the closest edge of residential property As shown in Table 6, existing noise levels exceed the City Standard of 70 dBA CNEL along Jefferson Avenue south of the Project Driveway, and along Rancho California Road east and west of Jefferson Avenue. This condition continues into the future with or without the Project. However, the Project's contribution to noise levels along these roadways is less than 3 dBA (0.00 to 0.09 dBA) and is not perceptible. Therefore, Project generated roadway noise impacts would be less than significant for these segments. The future with Project roadway noise along the remaining project roadway segments would be less than 70 dBA CNEL. Impacts to these segments would also be less than significant. The Noise Impact Analysis Report also analyzed the potential traffic related noise impacts resulting from an increase in traffic on Jefferson Avenue. The City of Temecula General Plan Circulation Element has designated Jefferson Avenue as a Major Arterial (4 lane divided road) with a center line distance of 38 feet. Based on the saturation flow rate of 1,750 vehicles per hour per lane and a capacity utilization of 73% for an LOS of C, traffic along the segment of Jefferson Avenue adjacent to the Project is estimated to be 5,110 cars per hour. The current site lay-out shows the nearest wall of the building to be 130 feet east of the centerline of Jefferson Avenue. Based on the estimated traffic flow of 5,110 cars per hour, the noise level due to traffic is anticipated to be 71.5 dBA CNEL at the wall nearest Jefferson Avenue, which would exceed the 70 dBA CNEL G:\PLANNING0008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEOA Initial Study.doc 34 City threshold. Additionally, in 1974 the California Commission on Housing and Community Development adopted noise insulation standards for residential buildings (Title 24, Part 2, California Code of Regulations). Title 24 establishes standards for interior room noise attributable to outside noise sources and specifies that whenever a hotel is proposed to be located within exterior CNEL or Ldn contours of 60 dB or greater attributable to an existing or adopted freeway, expressway, parkway, major street, thoroughfare, rail line, rapid transit line, or industrial noise source, an acoustical study must be prepared. The acoustical analysis must show that the building has been designed to limit intruding noise to an interior CNEL or Ldn of 45 dB. The interior and exterior noise standards set forth by Title 24, Part 2 of the California Code of Regulations are shown in Table 2 (below): Table 2: State of California Interior and Exterior Noise Standards Noise Standards Land Use Interior2,3 Exterior Residential - Single-family, multi-family, duplex, mobile CNEL1 45 dB CNEL 65 dB4 home Residential - Transient lodging, hotels, motels, nursing CNEL 45 dB CNEL 65 dB4 homes, hospitals Private offices, church sanctuaries, libraries, board Leq(12) 45 rooms, conference rooms, theaters, auditoriums, concert dB(A) halls, meeting halls, etc. Schools Leq(12) 45 Leq(12) 67 dB(A) dB(A)5 General offices, reception, clerical, etc. Leq(12) 50 dB(A) Bank, lobby, retail store, restaurant, typing pool, etc. Leq(12) 55 dB(A) Manufacturing, kitchen, warehousing, etc. Leq(12) 65 dB(A) Parks, playgrounds CNEL 65 dB5 Gold courses, outdoor spectator sports, amusement CNEL 70 dB5 arks The noise levels between Jefferson Avenue and the hotel exceed the 70 dBA CNEL thresholds. In order to ensure that the traffic noise impacts are reduced below a level of significance the following mitigation measure will be required: a. Hotel walls and windows along the western side of the proposed building(s) would need to be constructed to achieve an attenuation of 28 dBA in order to comply with the 45 dBA interior standard (Table 2). b. Provide a Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2007 edition of the California Building Code to be reviewed and approved by the Department of Building and Safety. Noise levels from Interstate-15 were also analyzed in the Noise Impact Analysis Report that has been submitted for the project. As outlined in the report prepared by the Chambers Group, Inc. dated October 2008, the current site plan indicates that the pool area is 214 feet west of the southbound Interstate 15 Rancho California off-ramp, and 294 feet west of the southbound Interstate 15 thorough lanes. Future noise levels calculated utilizing Sound32, due to traffic on Interstate 15, are expected to reach 73.8 dBA CNEL at the pool/recreation area, which would exceed both the City and State thresholds of 70 dBA CNEL and 65 dBA CNEL respectively. The addition of an eight- foot solid barrier (wall/berm wall combination) between the pool area and Interstate 15 would attenuate noise levels in this common recreation area to 68.76 dBA CNEL which would be below the City threshold. In order to achieve the State 65 dBA CNEL standard, a ten-foot wall/barrier G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEOA Initial Study.doc 35 would need to be installed along the eastern edge of the pool/recreation area. A ten-foot wall would result in a 65.86 dBA CNEL. The City may choose whether it is reasonable to construct a ten-foot wall to meet the State's 65 dBA CNEL outdoor recreation standard or whether an eight-foot barrier that would reduce noise impacts to below the City thresholds would be adequate. A parking area is proposed to be located between the hotel and the Interstate 15 freeway. Parking lots are not considered to be sensitive land uses. However, the anticipated traffic generated noise levels will exceed the allowable threshold. Therefore, in order to ensure that the noise impacts would be reduced to a less than significant level the following mitigation measures will be required: a. The walls and windows along the western side of the proposed hotel buildings would need to be constructed to achieve an attenuation of 29 dBA to comply with the 45 dBA interior noise standard (Table 2). b. The developer shall install a solid barrier of at least eight feet along the western side of the pool/recreation area to attenuate noise levels to 70 dBA as required by the City standards. 11.e.,f. No Impact: The project is not located within an airport land use plan or where such a plan has been adopted, nor is the project within two miles of a private or public airport or airstrip. No impacts are anticipated as a result of this project. POPULATION AND HOUSING. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Inco orated Impact Impact a Induce substantial population growth in an area, either x directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b Displace substantial numbers of existing housing, x necessitating the construction of replacement housing elsewhere? c Displace substantial numbers of people, necessitating the x construction of replacement housing elsewhere? Comments: 12.a. Less than Significant Impact: The proposed project would not induce substantial population growth in the area. The proposed project is for a full service hotel (Crowne Plaza Hotel) to be located in the Highway Tourist Commercial zoning district in the City of Temecula. According to the Statement of Operations provided by the project applicant, the proposed project is anticipated to create 20 new jobs. The addition of 20 new jobs is not anticipated to result in a substantial rise in the population in the Temecula area. The minimal increase in population that may potentially result from the 20 jobs that are anticipated as a result of this project are considered to be less than significant when compared to the projected population growth that is anticipated for the Temecula Area. A less than significant impact will occur. 12.b.,c. No Impact: The proposed project includes the construction and operation of a five-story 125,810 square foot full service hotel (Crowne Plaza) on a vacant parcel within the Highway Tourist Commercial zoning district in the City of Temecula. Considering that the site is currently vacant, it can be concluded that the project will not displace existing housing or necessitate the construction or replacement housing elsewhere. No impact will occur. G:\PLANNINGt2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEQA Initial Study.doc 36 PUBLIC SERVICES. Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for an of the public services: Fire protection? x Police protection? x Schools? x Parks? x Other public facilities? x Comments: 13.a. Less than Significant Impact: The project will have a less than significant impact upon the need for new or altered fire, police, recreation or other public facilities. The development of the site will incrementally increase the need for these services; however the development of this parcel was anticipated in the Final Environmental Impact that was prepared for the City of Temecula General Plan. Therefore, the need for public services was previously analyzed and determined. As such, the incremental increase in the need for these services, based upon the development of this project, will not result in a significant environmental impact. No additional police or fire facilities will be required to be constructed in order to maintain acceptable service ratios or fire/emergency response times. No additional parks or other facilities are proposed to be constructed as part of this project. Furthermore, the project will contribute its fair share to public services through the City's Development Impact Fees to the maintenance or provision of services from these entities. The project itself is not proposing a residential use and therefore will have no impact upon, or result in a need for new or altered school facilities. Development of the subject parcel will not cause a significant increase in the number of people within, or coming to, the City of Temecula. The incremental effect from the project will be mitigated through the payment of applicable school fees at the time the project is developed. A less than significant impact to existing public services will occur as a result of this project. G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEOA Initial Study.doc 37 RECREATION. Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Would the project increase the use of existing neighborhood x and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b Does the project include recreational facilities or require the x construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Comments: 14.a. Less than Significant Impact: The proposed project will have a less than significant impact on the existing recreational opportunities and existing parks since the proposed project is a non-residential development. The City owns and maintains 31 parks, and has two recreation centers, an outdoor amphitheater, a gymnasium, two swimming pools, a senior center, the Temecula Museum and Children's Museum. There are 22 neighborhood parks in the Temecula Planning Area which serve the recreational needs of the residents within the immediate vicinity of the park. According to the City of Temecula General Plan Update EIR (section 5.12-13), the City has set a standard of five acres of City-owned parkland per 1,000 residents, and based upon the City's population of 72,715 residents at the time that the General Plan was updated, the City should offer 364 acres of parkland. Currently there are 200 acres of parkland existing within the City. The proposed project may slightly increase the use of existing parks or other recreational facilities in the area because it is possible that hotels guests and tourist may enjoy the existing neighborhood or regional parks located within the City of Temecula boundaries. Even considering this, the use of the existing parks or recreational facilities will be used primarily by residents of the City. As such, since this project is a non- residential development, the demand for parks would not increase significantly as a result of this project. The proposed project would not directly result in the substantial deterioration of the existing recreational and park facilities, nor would this project increase the deterioration of the existing park and recreational facilities. The Temecula Community Services Department has reviewed this project to ensure that the goals and policies of the Open Space/Conservation Element of the General Plan are being implemented. The General Plan implementation program for the Open Space/Conservation Element requires the dedication of parkland or the payment of in-lieu fees to be used to fund additional park and recreation facilities in order to reach the General Plan's 364 acre threshold. The community Services Department has required the payment of Quimby fees pursuant to the Temecula Subdivision Ordinance Section 16.33. Consequently, the impact of this project on park and recreation facilities is anticipated to be less than significant. 14.b. No Impact: The project does not require or include the construction or expansion of recreational facilities that could otherwise have an adverse impact on the environment. The proposed project is for the development of a five-story 125,810 square foot full service hotel facility. The scope of the project does not include the construction of any additional recreational facilities or parks. Therefore, no impact will occur as a result of this project. G1PLANNING\20081PA08-0176 Crown Plaza Hotel DP\Planning\t PLANNING COMMISSION\CEOA Initial Study.doc 38 TRANSPORTATIONITRAFFIC. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Inco orated Impact Impact a Cause an increase in traffic which is substantial in relation to x the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections)? b Exceed, either individually or cumulatively, a level of service x standard established by the county congestion management agency for designated roads or highways? c Result in a change in air traffic patterns, including either an x increase in traffic levels or a change in location that results in substantial safety risks? d Substantially increase hazards due to a design feature (e.g., x sharp curves or dangerous intersections) or incompatible uses (e. g., farm equipment)? e Result in inadequate emergency access? x f Result in inadequate parking capacity? x g Conflict with adopted policies, plans, or programs supporting x alternative transportation (e. g., bus turnouts, bicycle racks)? Comments: 15.a,b. Less than Significant Impact: A Traffic Impact Analysis has been completed to determine the potential traffic impacts related to the proposed Crowne Plaza Hotel project. The Traffic Impact Analysis was prepared by RK Engineering Group, Inc. dated July 28, 2008. The project proposes to construct a 168 room hotel totaling 125,810 square feet. The project is proposed for completion in 2010 and has been analyzed in the Traffic Impact Analysis in one complete phase. The proposed hotel includes 2,420 square feet of restaurant space, 4,270 square feet of health club/spa facilities, and 7,245 square feet of meeting space. The hotel land use rate (Code 310 in the ITE Trip Generation Manual, 7th Edition) accounts for the rooms and all of these hotel amenities. The project proposes to have one right-in/right-out vehicular access point onto Jefferson Avenue. This access will be shared with the existing Hampton Inn development directly to the south of the proposed project. An additional off-site vehicular access currently exists to the north of the project site from Jefferson Avenue. This access point is also right-in/right-out and provides the primary access point to the adjacent Springhill Suites project that is currently under construction. A reciprocal access easement has been recorded which allows for access to be taken from this drive aisle onto the Crowne Plaza Hotel project site. The intersections that have been analyzed for this project include Jefferson Avenue (in a north-south trajectory) and Rancho California Road, Del Rio Road and the project access adjacent to Jefferson Avenue (in an east-west trajectory). The City of Temecula General Plan has used two primary measures to evaluate the existing and planned capacity of the roadway system within the Planning Area: Volume to Capacity Ratios and Intersection Capacity Utilization. These measures combined together can determine the Level of Service (LOS) which describes the performance of roadways within the City. The General Plan identifies six categories of Level of Service, using the letter designations "A" through "F to identify traffic conditions within the City. LOS "A" indicates free flow conditions with little or no delay; LOS "F represents extreme congestion. The City of Temecula General Plan Circulation Element recognizes LOS "D" as the minimum acceptable standard at signalized intersections. G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\l PLANNING COMMISSION\CEOA Initial Study.doc 39 According to the traffic study completed by RK Engineering Group, Inc. the Intersection Analysis Table 2-1 (below) as indicated in all three of the intersections analyzed for this project currently operate at an acceptable Level of Service. TABLE 2-1 Intersection Analysis for Existing Conditions Intersection App roach Lane s' Delay' Level of Traffic Northbound Southbound Eastbound Westbound (Seconds) Service Intersection Control' L T R L T R L T R L T R AM PM AM PM Jefferson Avenue (NS) at: Rancho California Road EW TS 2.0 2.0 1.0 2.0 2.0 1.0 2.0 3.5 0.5 2.0 2.0 1.0 22.6 27.4 C C Project Access EW CSS 0.0 1.5 0.5 0.0 2.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 11.0 11.5 B B Del Rio Road (EW) TS 1.0 2.0 1.0 1.0 2.0 1.0 0.5 1.5 1.0 0.0 1.0 0.0 15.8 13.5 B B A Trip Generation Analysis was completed for this project to determine the directional orientation of traffic to and from the project site. Trip Generation represents the amount of traffic that is attracted and produced by any given development. According to the study, the trip distribution is influenced by the geographical location of the site and a project's proximity to the regional freeway system. In order to evaluate trip generation for this project, RK Engineering Group utilized the Institute of Transportation Engineers (ITE) Trip Generation, 7th Edition, 2003 Manual. Trip generation rates for a hotel have been used as consistent with the ITE Manual. Both the daily and peak-hour trip generation for the proposed project are shown in Table 3-2 (below). The proposed project will generate approximately 1,356 daily trips with 93 trips generated in the AM peak hour and 98 trips generated in the PM peak hour. TABLE 3-2 Project Trip Generation Peak Hour ITE AM PM Land Use Code Quantity Units' In Out Total In Out Total Daily Hotel 310 166 RM 56 37 93 51 46 98 1,356 According to the Intersection Analysis for the existing conditions plus the traffic generated by the project, Rancho California Road will operate at a LOS "C" at both AM and PM peak, the project access will operate at a LOS "B" at both AM and PM peak, and Del Rio Road will operate at a LOS "B" at both AM and PM peak. Table 3-3 (below) summarizes this finding: G:\PLANNING0008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEOA Initial Study.doc 40 TABLE 3-3 Intersection Analysis for Existing Plus Conditions Intersection A roach Lanes' Delay' Level of Traffic Northbound Southbound Eastbound Westbound (Seconds) Service Intersection Control' L T R L T R L T R L T R AM PM AM PM Jefferson Avenue (NS) at: Rancho California Road EW TS 2.0 2.0 1.0 2.0 2.0 1.0 2.0 3.5 0.5 2.0 2.0 1.0 23.5 28.5 C C • Project Access EW CSS 0.0 1.5 0.5 0.0 2.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 11.8 12.5 B B • Del Rio Road W) I TS 1.0 2.0 1.0 1.0 2.0 1.0 0.5 1.5 1.0 0.0 1.0 0.0 16.0 13.6 B B Considering this analysis, the proposed project will not cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system. The project will not result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections, and does not cause a substantial increase in traffic or cause an intersection to operate at an unacceptable level of service. The acceptable LOS, according to the General Plan, is LOS "D" and above. The intersections that were analyzed for this project will operate at a LOS "C" or LOS "B" during both the AM and PM peaks times even with the trips that will result from the proposed project. The Traffic Impact Analysis also determined that the project would not result in an individual or cumulative impact that would result in any of the analyzed intersections exceeding the LOS "D" threshold established by the City of Temecula General Plan Circulation Element or the Riverside County CMP for roads or highway. The table below summarizes the existing traffic conditions (baseline), the existing traffic conditions plus the project, as well as the cumulative impacts and traffic conditions in Year 2010 (which is the assumed project build-out year, and the traffic conditions at project build-out (Year 2010) with the project conditions. TABLE 5-1 Summary Intersection Analysis Project Build out (Year 2010) Existing Plus Project Project Build out With Project Existing Conditions Conditions Year 2010 Conditions Conditions HCM' LOS' HCM' LOS' HCM' LOS' HCM' LOS' Intersection AM PM AM PM AM PM AM PM AM PM AM PM AM PM AM PM Jefferson Avenue (NS) at: Rancho California Road EW 22.6 27.4 C C 23.5 28.5 C C 25.1 41.7 C D 26.5 43.1 C D • Project Access EW 11.0 11.5 B B 11.8 12.5 B B 11.4 1 12.3 B B 12.3 13.5 B B Del Rio Road EW 15.8 13.5 B B 16.0 3.6 B B 15.8 13.3 B B 16.2 14.8 B B According the Traffic Impact Analysis completed by RK Engineering Inc. for existing traffic conditions, all study area intersections are currently operating at acceptable Levels of Service. For existing traffic conditions, plus project traffic conditions all study area intersections are currently operating at acceptable Levels of Service. During the project build-out year (Year 2010) traffic conditions, the study area intersections are projected to operate at acceptable Levels of Service. During project building out year (Year 2010) combined with the project conditions, all study area intersections are projected to operate at LOS "D" or better during both the AM and PM peak hours in the project build-out year (Year 2010) with project conditions. Based upon the Traffic Impact G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\t PLANNING COMMISSION\CEOA Initial Study.doc 41 Analysis prepared for the project by RK Engineering Inc. the proposed Crowne Plaza Development will not significantly impact the existing street network. A less than significant impact will occur. 15.c. No Impact: The proposed project will not have an impact on air traffic patterns and will not result in an increase in air traffic or change in location, resulting in a substantial safety risk. The proposed project is for a hotel and will not involve a land use which could have otherwise increased the air traffic patterns in the area. According to the City of Temecula General Plan Final Environmental Impact Report, the project site is not within the French Valley Airport influence area, and is not subject to the French Valley Airport Land Use Compatibility Plan policy document. No impacts related to air traffic are anticipated as a result of the proposed project. 15.d,e,f. Less than Significant Impact: The proposed project will not substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). The project has been reviewed by the Fire Prevention Bureau and Public Works Department and it has been determined that the layout and design of the intersections will not create substantial hazards or substantial safety concerns. The project has been designed to meet current City standards and does not propose any hazardous or unsafe features. The proposed project does not substantially increase hazards due to incompatible uses. The proposed project is surrounded by substantially developed property, and all of the land uses have been permitted to be constructed in the zone. The adjacent uses also include other hotel uses, which are compatible with the proposed Crowne Plaza Hotel project. Additionally, the proposed project provides for adequate ingress and egress from the site. The Fire and Police Departments have reviewed the project and have determined that adequate emergency access has been provided. On-site circulation has also been reviewed using the emergency vehicle turning radius templates and it has been determined that on-site circulation is adequate for emergency vehicles. The proposed project meets all applicable parking requirements per Chapter 17.24 of the Temecula Development Code for full service hotels. Additionally the proposed project will offer on-site valet parking services to its guests to ensure that the parking this has been provided on-site will accommodate the vehicular traffic generated by the use, and ensure adequate parking accommodations for its guests. A less than significant impact will occur as a result of this project. 15.g. Less than Significant Impact: The proposed project will not conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks). The City of Temecula General Plan identifies that transportation planning and management require cooperation and coordination among a variety of State, County, and Regional agencies including Caltrans, RCTC, South Coast AQMD. These agencies have federal and State mandates to adopt transportation related programs that affect Temecula and other neighboring jurisdictions within the Planning Area. A number of transportation plans affect planning efforts in the City of Temecula, which include: the Regional Transportation Plan, South Coast Air Quality Management Plan, Riverside County Integrated Plan, Riverside County Congestion Management Program, Measure A, Temecula CIP Program, and the City of Temecula Multi-Use Trails and Bikeways Master Plan. The proposed project does not conflict with these adopted plans, policies or programs. The plans anticipate accommodating future growth through a number of strategies which include linking Temecula with other employment and commercial centers, airports, and other regional transportation hubs. At this time Temecula is well connected with the regional vehicular circulation system but lacks affective alternative transportation. The proposed project will not significantly interfere with programs or plans for alternative transportation in the future. A less than significant impact will occur as a result of this project. G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEQA Initial Study.doc 42 UTILITIES AND SERVICE SYSTEMS. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated impact Impact a Exceed wastewater treatment requirements of the x applicable Regional Water Quality Control Board? b Require or result in the construction of new water or x wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c Require or result in the construction of new storm water x drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d Have sufficient water supplies available to serve the project x from existing entitlements and resources, or are new or expanded entitlements needed? e Result in a determination by the wastewater treatment x provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f Be served by a landfill with sufficient permitted capacity to x accommodate the project's solid waste disposal needs? g Comply with federal, state, and local statutes and x regulations related to solid waste? Comments: 16.a.,b, e. Less than Significant Impact: According to the City of Temecula General Plan Final EIR, wastewater services are provided within the Temecula Planning Area primarily by Eastern Municipal Water District (EWMD) under regulations enforced by the San Diego Regional Water Quality Control Board. EMWD's Temecula Valley Regional Water Reclamation Facility has the capacity to treat 13.2 million gallons of wastewater per day. This facility as has the capacity to store an additional 25 million gallons of wastewater on site. In 2005, EMW D expanded the existing wastewater facility from a capacity of 13.2 gallons per day to 19.8 million gallons per day. The next expansion of the facility is anticipated to occur around 2014, and will provide approximately 24 million gallons per day of capacity. According to the City of Temecula General Plan FEIR, EMWD projects the 2004 wastewater flow at 11.1 million gallons per day in the service area which includes both the City of Temecula and the City of Murrieta. EMWD's projection of wastewater produced within their service area for the General Plan build-out year in 2025 is 16.4 million gallons per day. Considering that the projected wastewater produced within their service area at build-out in 2025 (16.4 million gallons per day) is less than the capacity of EMWD's facility in 2014, it can be concluded that the proposed project will not exceed wastewater treatment requirements of the San Diego Regional Water Quality Control Board, and the future planned facility will be adequate to accommodate the Crowne Plaza Hotel project. Since existing wastewater facilities can accommodate the wastewater produced within the Temecula Planning Area, even with the proposed project, no significant impacts area anticipated to occur. Additionally, since the scope of the project does not include the construction of new wastewater treatment facilities as a part of the proposed project, and the project does not require the construction of any new facilities, a less than significant impact will occur as a result of this project. GAPLANNING\2008\1DA08-0176 Crown Plaza Hotel DP\Planning\1PLANNING COMMISSION\CEQA Initial Study.doc 43 16.c. Less than Significant Impact: The proposed project will not require the construction of new storm drain facilities. According to the Hydrology and Drainage Study that has been prepared by SW Engineering Inc. dated August 4, 2008, the development of the site will increase the run-off from the site by approximately 5.7 csf. Therefore, two pervious concrete areas have been designed to detain the increase in urban run-off before discharging into the street. With the pervious concrete that is proposed to be installed, the actual runoff will decrease by 1.3 cfs from the 5.7 csf that was previously anticipated. Considering this, the development of this site will not cause any adverse impacts on downstream storm drain facilities. As such, no additional storm drain facilities will be required to be constructed as a part of this project, therefore a less than significant impact will occur. 16.d. Potentially Significant Unless Mitigation Incorporated: According to correspondence dated August 28, 2008, received from the Rancho California Water District (RCWD), the project is located within the boundaries of the RCWD service area. Currently, there is an existing 24-inch diameter pipeline (1305 pressure zone) within Jefferson Avenue. However, the correspondence indicated that water service does not currently exist to the project site. In July 2008 RCWD declared a Stage 2 - Water Alert due to continued drought conditions in the state of California. This declaration requires that RCWD customers voluntarily reduce water use through a number of measures and actions. According to correspondence sent from RCWD regarding the proposed Crowne Plaza hotel project, RCWD will provide service to the site contingent upon the project meeting the requirements in the RCWD Water Shortage Contingency Plan. Compliance with this plan will ensure that water is used in an efficient manner and that water demand can continue to be met, even during water shortages caused by drought. Since the state of California is currently experiencing drought conditions, the following mitigation measures shall be required to ensure that the potential impacts of this project are mitigated to a less than significant level: a. Water availability is contingent upon water supply shortage contingency measures, pursuant to RCWD's Water Shortage Contingency Plan. The project applicant shall provide correspondence to the City of Temecula Planning Department, Public Works Department, Fire Department and Building and Safety Department, from RCWD, verifying that water service is available, and that the project-specific fire flow requirements can be met, prior to the issuance of grading permits for the project. 16.f. Less than Significant Impact: The proposed project will generate solid waste during the construction phase of the project, as well as during the hotel's day-to-day operations. Waste associated with the operation of Crowne Plaza Hotel consists primarily of office and restaurant related trash. The City of Temecula currently contracts with CR&R for solid waste disposal within the City. Solid waste generated from commercial development and business operations are hauled to El Sobrante and Badlands Sanitary Landfills in Riverside County. The El Sobrante landfill began operating in 1986 and has a 90 acre disposal area. The landfill is authorized to accept as much as 10,000 tons of waste per day. The El Sobrante landfill has proposed a 450 acre expansion which could extend the landfill capacity to 2035. The Badlands Sanitary Landfill has a 141 acre disposal area with sufficient capacity through 2010. The Badlands landfill has a proposed 851-acre expansion area which could expand the landfill capacity through 2033. Considering that the landfills still have the ability to expand their capacity, the proposed project will not have a significant adverse impact. Furthermore, the proposed project has been reviewed by the City of Temecula Community Services Department and the project has been conditioned to require that the trash enclosures are constructed to be large enough to accommodate a recycling bin, along with a trash bin. This will divert recyclable materials from taking up space in the landfills. A less than significant impact will occur. 16.g. Less than Significant Impact.: The proposed project will comply with all local, State and Federal statues and regulations related to solid waste disposal. Pursuant to California Integrated Waste Management Act of 1989 (AB 939), the City of Temecula adopted a Source Reduction and Recycling Element (SRRE) and continues to use this program to address issues related to solid waste disposal. The purpose of the SSRE was to establish a local plan to reduce solid waste by 25% by 1995 and to reduce solid waste by 50% by 2000. The City of Temecula conditions all commercial development projects to provide a recycling bin on-site to promote recycling opportunities and decrease the amount of waste being hauled to the landfill. This project will G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEOA Initial Study.doc 44 be required to provide a recycling bin and will incrementally reduce solid waste as consistent with state regulations and mandates. A less than significant impact will occur. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a Does the project have the potential to degrade the quality of x the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b Does the project have impacts that are individually limited, x but cumulatively considerable ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c Does the project have environmental effects which will x cause substantial adverse effects on human beings, either direct) or indirectly? Comments: 17.a. Less than Significant Impact: The project site is surrounded by substantially developed property and does not contain any viable habitat for fish or wildlife species. This is an in-fill development project and the project site does not have the potential to: degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. Less than significant impacts are anticipated as a result of this project. 17.b. Less than Significant Impact: The potential environmental impacts associated with Air Quality, Biological Resources, Cultural Resources, Geology and Soils and Noise resulting from this project are considered to be less than significant with the appropriate Mitigation Measures incorporated into the project. All cumulative effects for the subject site, as well as the surrounding developments, were analyzed in the General Plan Environmental Impact Report as well as in the Air Quality Analysis, Traffic Impact Analysis, and Noise Study conducted for the project. With the mitigation measures in place, the project will be consistent with the General Plan and Development Code, and the cumulative impacts related to the future development of this site are anticipated to have a less than significant cumulative impact on the environment. 17.c. Less than Significant Impact: The project will not have environmental effects that would cause substantial adverse effects on human beings, directly or indirectly. The proposed Crowne Plaza hotel project will be designed and developed consistent with the City of Temecula General Plan, Development Code, Building and Fire Codes and all required Mitigation Measures. No significant impacts affecting human beings either, directly or indirectly, are anticipated as a result of this project. G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEQA Initial Study.doc 45 EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c) (3) (D). In this case a discussion should identify the following on attached sheets. a Earlier analyses used. Identify earlier analyses and state where the are available for review. b Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed b mitigation measures based on the earlier analysis. c Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which the address site-specific conditions for the project. SOURCES 1. City of Temecula General Plan 2. City of Temecula General Plan Final Environmental Impact Report 3. General Biological Resource Assessment prepared by RCA Associates, October 1, 2008 4. Noise Impact Analysis Report prepared by Chambers Group, Inc. October 2008 5. Air Quality Analysis Report prepared by Chambers Group, Inc. September 2008 6. Traffic Impact Analysis prepared by RK Engineering Group, July 28, 2008 7. Updated Preliminary Geotechnical Interpretive Analysis prepared by Earth-Strata, September 3, 2008 8. Water Quality Management Plan prepared by SW Engineering, dated September 29, 2008 9. Phase I Archeological Survey prepared by Tetra-Tech, Inc. May 2005 GAPLANNING0008\PA08-0176 Crown Plaza Hotel DP\Planning\7 PLANNING COMMISSION\CEQA Initial Study.doc 46 MITIGATION MONITORING PLAN 12 Mitigation Monitoring Program Project Description: A Development Plan (PA08-0176) to construct a 125,810 square foot, five-story hotel (Crowne Plaza), consisting of 168 guest rooms and suites, a grand ballroom, restaurant and cocktail lounge, gym/health spa and outdoor terrace, on a 3.6 acre site zoned Highway Tourist Commercial (HT), located east of Jefferson Avenue and approximately 500 feet north of Rancho California Road. The proposed project also includes a Conditional Use Permit (PA08-0228) to authorize a Type-47 ABC license for the premises. The Type-47 ABC license would allow for the service of beer, wine and distilled spirits in the restaurant and cocktail lounge of the hotel. The Conditional Use Permit for the Type-47 ABC license does not involve any physical construction; therefore no significant environmental impacts will occur as a result of the land use entitlement related to the service of beer, wine and distilled spirits on the premises. Location: East of Jefferson Avenue, west of Interstate-15 and approximately 500 feet north of Rancho California Road Applicant: Mr. Dave Kryzwicki for Mr. Tony Lee for WeIlProfit International WeIlProfit International, LLC 2642 Newport Blvd. Costa Mesa, CA 92627 Air Quality Environmental Impact: 3.d. Expose sensitive receptors to substantial pollutant concentrations. Required Mitigation: Implement the required Best Available Control Measures for Fugitive Dust as required by the SCAQMD Rule 403, applicable to all construction activity sources, as follows: Source Cate o Control Measures Guidance Backfilling Stabilize backfill material when not Mix backfill soil with water prior to actively handling; and moving; and Stabilize backfill material during Dedicate water truck or high handling; and capacity hose to backfilling equipment; and Stabilize soil at completion of activity Empty loader bucket slowly so that no dust plumes are generated; and Minimize drop height from loader GAPLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEQA Mitigation Monitoring Program.doc 1 bucket. Clearing and grubbing Maintain stability of soil through pre- Maintain live perennial vegetation watering of site prior to clearing and where possible; and grubbing; and Apply water in sufficient quantity Stabilize soil during clearing and to prevent generation of dust grubbing activities; and plumes. Stabilize soil immediately after clearing and grubbing activities. Clearing forms Use water spray to clear forms; or Use of high pressure air to clear forms may cause exceedance of Use sweeping and water spray to Rule requirements. clear forms; or Use vacuums stem to clear forms. Crushing Stabilize surface soils prior to Follow permit conditions for operation of support equipment; and crushing equipment; and Stabilize material after crushing. Pre-water material prior to loading into crusher; and Monitor crusher emissions opacity; and Apply water to crushed material to prevent dust plumes. Cut and fill Pre-water soils prior to cut and fill For large sites, pre-water with activities; and sprinklers or water trucks and allow time for penetration; and Stabilize soil during and after cut and fill activities. Use water trucks/pulls to water soils to depth of cut prior to subsequent cuts. Demolition - Stabilize wind erodible surfaces to Apply water in sufficient mechanical/manual reduce dust; and quantities to prevent the generation of visible dust plumes. Stabilize surface soil where support equipment and vehicles will operate; and Stabilize loose soil and demolition debris; and Comply with AQMD Rule 1403. Disturbed soil Stabilize disturbed soil throughout Limit vehicular traffic and the construction site; and disturbances on soils where possible; and Stabilize disturbed soil between structures If interior block walls are planned, G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEQA Mitigation Monitoring Program.doc 2 install as early as possible; and Apply water or a stabilizing agent in sufficient quantities to prevent the generation of visible dust plumes. Earth-moving activities Pre-apply water to depth of Grade each Project phase proposed cuts; and separately, timed to coincide with construction phase; and Re-apply water as necessary to maintain soils in a damp condition Upwind fencing can prevent and to ensure that visible emissions material movement on site; and do not exceed 100 feet in any direction; and Apply water or a stabilizing agent in sufficient quantities to prevent Stabilize soils once earth-moving the generation of visible dust activities are complete. plumes. Importing/exporting of Stabilize material while loading to Use tarps or other suitable bulk materials reduce fugitive dust emissions; and enclosures on haul trucks; and Maintain at least six inches of Check belly-dump truck seals freeboard on haul vehicles; and regularly and remove any trapped rocks to prevent spillage; and Stabilize material while transporting to reduce fugitive dust emissions; Comply with track-out and prevention/mitigation requirements; and Stabilize material while unloading to reduce fugitive dust emissions; and Comply with Vehicle Code Section Provide water while loading and 23114. unloading to reduce visible dust plumes. Landscaping Stabilize soils, materials, slopes Apply water to materials to stabilize; and Maintain materials in a crusted condition; and Maintain effective cover over materials; and Stabilize sloping surfaces using soil binders until vegetation or ground cover can effectively stabilize the slopes; and H droseed prior to rain season. Road shoulder Apply water to unpaved shoulders Installation of curbing and/or maintenance prior to clearing; and paving of road shoulders can reduce recurring maintenance GAPLANN I NG\2008\PA08-0176 Crown Plaza Hotel DP\Planning\i PLANNING COMMISSION\CEOA Mitigation Monitoring Program.doc 3 Apply chemical dust suppressants costs; and and/or washed gravel to maintain a stabilized surface after completing Use of chemical dust road shoulder maintenance. suppressants can inhibit vegetation growth and reduce future road shoulder maintenance costs. Screening Pre-water material prior to Dedicate water truck or high screening; and capacity hose to screening operation; and Limit fugitive dust emissions to opacity and plume length standards; Drop material through the screen and slowly and minimize drop height; and Stabilize material immediately after screening. Install wind barrier with a porosity of no more than 50% upwind of screen to the height of the drop point. Staging areas Stabilize staging areas during use; Limit size of staging area; and and Limit vehicle speeds to 15 miles Stabilize staging area soils at per hour; and project completion. Limit number and size of staging area entrances/exits. Stockpiles/bulk material Stabilize stockpiled materials, and Add or remove material from the handling Stockpiles within 100 yards of off- downwind portion of the storage site occupied buildings must not be pile; and greater than eight feet in height; or must have a road bladed to the top Maintain storage piles to avoid to allow water truck access or must steep sides or faces. have an operational water irrigation system that is capable of complete stockpile coverage. Traffic areas for Stabilize all off-road traffic and Apply gravel/paving to all haul construction activities parking areas; and routes as soon as possible to all future roadway areas; and Stabilize all haul routes; and Barriers can be used to ensure Direct construction traffic over vehicles are only used on established haul routes. established parking areas/haul routes. Trenching Stabilize surface soils where Pre-watering of soils prior to trencher or excavator and support trenching is an effective equipment will operate; and preventive measure. For deep trenching activities, pre-trench to Stabilize soils at the completion of 18 inches soak soils via the pre- trenching activities. trench and resuming trenchin ; G:\PLANNING2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEOA Mitigation Monitoring Program.doc 4 and Washing mud and soils from equipment at the conclusion of trenching activities can prevent crusting and drying of soil on e ui ment. Truck loading Pre-water material prior to loading; Empty loader bucket such that no and visible dust plumes are created; and Ensure that freeboard exceeds six inches (CVC 23114) Ensure that the loader bucket is close to the truck to minimize drop height while loading. Turf over seeding Apply sufficient water immediately Haul waste material immediately prior to conducting turf vacuuming off-site. activities to meet opacity and plume length standards; and Cover haul vehicles prior to exiting the site. Unpaved roads/parking Stabilize soils to meet the applicable Restricting vehicular access to lots performance standards; and established unpaved travel paths and parking lots can reduce Limit vehicular travel to established stabilization requirements. unpaved roads (haul routes) and unpaved parking lots. Required Mitigation: If wind speeds exceed 25 miles per hour during project construction, earthmoving, and grading activities, the following Mitigation Measures will be required to be implemented: Contingency Control Measures for Fugitive Dust during High Winds in Excess of 25 MPH Fu itive Dust Source Category Control Measures ' Earth-moving Cease all active operations; or Apply water to soil not more than 15 minutes prior to moving such soil. Disturbed surface areas On the last day of active operations prior to a weekend, holiday, or any other period when active operations will not occur for not more than four consecutive days: apply water with a mixture of chemical stabilizer diluted to not less than 1/20 of the concentration required to maintain a stabilized surface for a period of six months; or GAPLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEOA Mitigation Monitoring Program.doc 5 Apply chemical stabilizers prior to wind event; or Apply water to all un-stabilized disturbed areas three times per day. If there is any evidence of wind driven fugitive dust, watering frequency is increased to a minimum of four times per day; or Establish a vegetative ground cover within 21 days after active operations have ceased. Ground cover must be of sufficient density to expose less than 30 percent of un-stabilized ground within 90 days of planting, and at all times thereafter; or Utilize any combination of these control actions such that, in total, these actions apply to all disturbed surface areas. Unpaved roads Apply chemical stabilizers prior to wind event; or Apply water twice per hour during active operation; or Stop all vehicular traffic. Open storage piles Apply water twice per hour; or Install temporary coverings. Paved road track-out Cover all haul vehicles; or Comply with the vehicle freeboard requirements of Section 23114 of the California Vehicle Code for both public and private roads. II categories Executive Officer and the USEPA as equivalent to the methods specified in this table may be used. Specific Process: Place the above Mitigation Measures as Conditions of Approval on the project to reduce construction equipment emissions and control dust to result in a less than significant impact to air quality; and to protect sensitive receptors from air quality impacts generated by grading/soil disturbance and construction operations for all stages of the project. Mitigation Milestone: During grading and construction. Responsible Monitoring Party: City of Temecula Planning Department and Public Works Department G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEOA Mitigation Monitoring Progrann.doc 6 Biological Resources Environmental Impact: 4. d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. Required Mitigation: The following guidelines contained in Section 6.1.4 of the MSHCP shall be required as Mitigation Measures for this project: a. The permittee shall incorporate measures to control the quantity and quality of runoff from the site entering the MSHCP Conservation Area. In particular, measures shall be put into place to avoid discharge of untreated surface run-off from developed paved areas into the MSHCP Conservation Areas. b. Land Uses proposed in proximity to the MSHCP Conservation Area that use chemicals or generate byproducts, such as manure, that are potentially toxic or may adversely affect the wildlife species, habitat or water quality shall incorporate measures to ensure that the application of such chemicals does not result in discharge to the MSHCP Conservation Area. The greatest risk of this is from landscaping fertilization overspray. c. Night lighting shall be directed away from the MSHCP Conservation Area to protect species within the MSHCP Conservation Area from direct night lighting. Shielding shall be incorporated in project designs to ensure that ambient lighting in the MSHCP Conservation Area is not increased. d. Proposed noise generating land uses affecting the MSHCP Conservation Area shall incorporate setbacks, berms, or walls to minimize the effects of noise on the MSHCP Conservation Area resources pursuant to applicable rules, regulations, and guidelines related to land use noise standards, (as contained within the City of Temecula General Plan). e. Consider invasive, non-native plant species listed in table 6-2 of the MSHCP on the construction landscape plans to avoid the use of invasive plant species for the portions of the project that are adjacent to the MSHCP Conservation Area. Considerations in reviewing this list shall include the proximity of the planting areas to the proposed MSHCP Conservation Area, species considered in the planting plan, resources being protected within the MSHCP Conservation Area and their relative sensitivity to invasion, and barriers to plant and seed dispersal, such as walls topography and other features. f. Proposed land uses adjacent to the MSHCP Conservation Area shall incorporate barriers, where appropriate, in project design, to minimize unauthorized public access, domestic animal predation, illegal trespassing, or dumping into the MSHCP Conservation Areas. Such barriers may include native landscaping, rocks/boulders, fencing, walls signage and/or other appropriate mechanisms. g. Manufactured slopes and grading associated with the proposed development of the site shall not extend into the MSHCP Conservation Areas. G:\PLANNINGQ008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEQA Mitigation Monitoring Progrann.doc 7 Specific Process: Place the above Mitigation Measures as Conditions of Approval on the project to ensure project consistency with MSHCP Section 6.1.4 and reduce potential biological impacts to a less than significant level. Mitigation Milestone: Precise Grade Plan and Building Construction Plan shall show that the required Mitigation Measures have been incorporated into the project design prior to the issuance of grading permit/building permit. Responsible Monitoring Party: City of Temecula Planning Department Cultural Resources Environmental Impact: 5. c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. 5. d. Disturb any human remains, including those interred outside of formal cemeteries. Required Mitigation: a. As the vegetation on the project site is dense, a qualified archeological monitor shall be retained during the brushing and grubbing phase of the project to observe any potential cultural resources which may be uncovered on-site. If any archeological or historical remains are uncovered during the brushing and grubbing phase of the project, or any other subsequent phase of the project involving ground disturbing activities, construction related work shall be halted and a qualified archeologist shall conduct a survey of the area to make a preliminary determination of the significance of the findings. Evaluation or recovery operations shall be completed as quickly as possible to minimize construction delays. b. If any vertebrate fossils are encountered during grading and/or construction activities, all work in that are shall be halted or diverted until a qualified paleontologist can evaluate the nature of the find (s). c. If any human remains are encountered during the grading and/or grubbing and/or construction activities, the Riverside County Coroners Office shall be contacted within 24 hours. Specific Process: Place the above Mitigation Measures as Conditions of Approval on the project, and require that the Planning Department be notified in the event any resources are discovered. Mitigation Milestone: On-going during all grading and/or construction activities for the project. Responsible Monitoring G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\t PLANNING COMMISSION\CEOA Mitigation Monitoring Program.doc 8 Party: City of Temecula Planning Department and Public Works Department Geology and Soils Environmental Impact: 6. a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking. Required Mitigation: a. Structures are required to be designed and constructed to resist the effects of seismic ground shaking and ground motions as provided in the 2007 California Building Code Section 1613. The following seismic design coefficients should be implemented during the design of the proposed structures for the project: 2007 CBC FACTOR Site Location Latitude: 33.5011 Longitude -117.1538 Site Class D Mapped Spectral Accelerations for short periods, Ss 1.94 Mapped Spectral Accelerations for 1-second Period, S1 0.72 Site Coefficient, Fa 1.0 Site Coefficient, F„ 1.5 Maximum Considered Earthquake Response Accelerations for Short Periods, Sins 1.94 Maximum Considered Earthquake Spectral Response Accelerations for 1-Second 1.08 Period, Sm1 Design Spectral Response Acceleration for Short Period, SDS 1.30 Design Spectral Response Acceleration for 1-Second Period, SD1 0.72 Seismic Design Category D Importance Factor Based on Occupancy for Category II b. All conclusions and recommendations specified in the Updated Geotechnical Study prepared by Earth-Strata dated September 3, 2008 shall be incorporated into the plans for the project and implemented during construction. G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CECA Mitigation Monitoring Program.doc 9 Specific Process: Incorporate the above Mitigation Measures into the project as Conditions of Approval and ensure all building specifications and geotechnical specifications are followed to reduce potential impacts to a less than significant level. Mitigation Milestone: Precise Grade Plans and Building Construction Plans shall show all required specifications incorporated into the project design prior to grading permit/building permit issuance. Responsible Monitoring Party: City of Temecula Building and Safety Department, Public Works Department and Planning Department. Geology and Soils Environmental Impact: 6. d. Project located on expansive soil, as defined inTable 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property. Required Mitigation: The following Mitigation Measures shall be required for the earth materials tested upon completion of the rough grading: a. The appropriate preliminary design and construction recommendations contained in the Updated Preliminary Geotechnical Interpretive Report, completed by Earth- Strata, dated September 3, 2008, outlined on page 15 under the heading "Low Expansion Potential" and on page 16 under the heading "Medium Expansion Potential," shall be incorporated into the project design, depending upon the determination of the levels of expansion anticipated for the project, as determined at the completion of the rough grading stage of the project. Specific Process: Incorporate the above Mitigation Measures into the project as Conditions of Approval and ensure all building specifications and geotechnical specifications are followed to reduce potential impacts to a less than significant level. Mitigation Milestone: Precise Grade Plans and Building Construction Plans shall show all required specifications incorporated into the project design prior to issuance of grading permit/building permit issuance. Responsible Monitoring Party: City of Temecula Building and Safety Department, Public Works Department and Planning Department. Noise Environmental Impact: 11. a. Exposure of persons to, or generation of noise levels in excess of, standards established in the local general plan or noise ordinance, or applicable standards of other agencies. GAPLANNING0008\PA08-0176 Crown Plaza Hotel DP\Planning\i PLANNING COMMISSION\CEOA Mitigation Monitoring Program.doc 10 11. d. Result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project. Required Mitigation: Noise impacts from project generated construction noise would be less than significant with respect to construction noise with the following Mitigation Measures incorporated: a. All construction equipment shall be properly maintained with operating mufflers and air intake silencers, no less effective than those originally installed by the manufacturer. This measure shall be implemented to the satisfaction of the Planning Director. b. The equipment staging, stationary equipment and storage areas shall be located as far as practical from the existing hotel south of the Project site. This measure shall be implemented to the satisfaction of the Planning Director. c. As required by the City of Temecula Municipal Code (Section 8.32.020), the developer shall require that all construction equipment activities are restricted to occur only between the hours of 6:30 a.m. to 6:30 p.m. weekdays and Saturdays. Construction activities shall not occur on Sundays or Holidays. This measure shall be implemented to the satisfaction of the Planning Director. Specific Process: Incorporate the above Mitigation Measures into the project as Conditions of Approval to reduce potential construction related noise impacts to a less than significant level. Mitigation Milestone: On-going during all grading, earthmoving and construction activities. Responsible Monitoring Party: City of Temecula Building and Safety Department, Public Works Department and Planning Department. Noise Environmental Impact: 11. c. Result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project. Mitigation Required: In order to ensure that the traffic noise impacts are reduced below a level of significance the following Mitigation Measures will be required: a. Hotel walls and windows along the western side of the proposed building(s) would need to be constructed to achieve an attenuation of 28 dBA in order to comply with the 45 dBA interior standard (Table 2). G:\PLANNING\2008\PA08-0176 Crown Plaza Hotel DP\Planning\t PLANNING COMMISSION\CEQA Mitigation Monitoring Program.doc 11 b. Provide a Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2007 edition of the California Building Code to be reviewed and approved by the Department of Building and Safety. Specific Process: Incorporate the above Mitigation Measures into the project as Conditions of Approval to ensure that potentially significant traffic noise impacts are reduced to a less than significant level. Mitigation Milestone: Building Construction Plans shall show compliance with the required Mitigation Measures prior to issuance of building permit. Responsible Monitoring Party: City of Temecula Building and Safety Department and Planning Department Utilities and Service Systems Environmental Impact: 16. d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed. Mitigation Required: a. Water availability is contingent upon water supply shortage contingency measures, pursuant to RCWD's Water Shortage Contingency Plan. The project applicant shall provide correspondence to the City of Temecula Planning Department, Public Works Department, Fire Department and Building and Safety Department, from RCWD, verifying that water service is available, and that the project-specific fire flow requirements can be met, prior to the issuance of grading permits for the project: Specific Process: Incorporate the above Mitigation Measure into the project as a Condition of Approval and require that the permittee submit a letter from RCWD verifying that the project meets all contingency measures and that adequate water service can be provided. Mitigation Milestone: Prior to grading permit issuance. Responsible Monitoring Party: City of Temecula Planning Department, Public Works Department, Fire Department and Building and Safety Department G:APLANN I NG\2008\PA08-0176 Crown Plaza Hotel DP\Planning\1 PLANNING COMMISSION\CEOA Mitigation Monitoring Program.doc 12 STATEMENT OF OPERATIONS 15 33415 Scarborough Lane TOK Temecula, Ca 92592 Phone: ?51.440.6 911 Fax: 951.302.5025 DEVELOPMENT December 10, 2008 Ms. Katie Innes City of Temecula 43200 Business Park Drive Temecula, Ca 92589 Re: Crowne Plaza- Statement of Operations & Justification Dear Ms. Innes: This letter is to serve as an initial statement of operations & justification for the sale of alcohol (type-47) with respect to our proposed development plan for a Crowne Plaza Hotel. • The hotel will be a full service 24 hour, 7 days a week operation. • There will be approximately 20 employees. • 193 parking spaces & 6 motorcycle spaces will be provided • Daily peak trips should be at a minimum and will be clarified in the traffic study • Cleaning materials are the only possible hazardous materials known to us at this juncture and will be updated moving forward We are applying for a conditional use permit for the sale of alcohol (type-47) which is a part of a full service hotel. Alcohol to be sold and served throughout the property in designated areas, such as the bars, restaurant and rooms. Please let us know if we can be of further assistance moving forward. Sincerely, TDK Development David Krzywicki NOTICE OF PUBLIC HEARING 16 z Notice of Public Hearing "1989"' A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case Nos: PA08-0176 and PA08-0228 Applicant: Mr. David Krzywicki representing Mr. Tony Lee for WellProfit International, LLC Proposal: A Development Plan to construct a 125,810 square foot, five-story full service hotel (Crowne Plaza), on a 3.6 acre site zoned Highway Tourist Commercial (HT), and a Conditional Use Permit to authorize a Type-47 ABC license for the premises, located east of Jefferson Avenue and approximately 500 feet north of Rancho California Road Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project will not have a significant impact on the environment based upon a completed Environmental Initial Study and Mitigation Monitoring Plan. As a result, a Mitigated Negative Declaration will be adopted and a Notice of Determination will be filed in compliance with CEQA Case Planner: Katie Innes, (951) 506-5198 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: January 7, 2009 Time of Hearing: 6:00 p.m. roject Site 11: .1ic •.1 G•.1-.I.r J~annn Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Planning Commission is controlled by Chapter 2.36 of the Temecula Municipal Code. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 506-5198.