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HomeMy WebLinkAbout02_111 CC ResolutionCC RESOLUTION NO 02 111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALIFORNIA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE RORIPAUGH RANCH SPECIFIC PLAN AND RELATED PLANNING APPLICATIONS ACTIONS AND ADOPTING THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND THE STATE CEQA GUIDELINES A MITIGATION MONITORING AND REPORTING PROGRAM AND A STATEMENT OF OVERRIDING CONSIDERATIONS IN CONNECTION THEREWITH FOR THE RORIPAUGH RANCH SPECIFIC PLAN LOCATED NEAR THE FUTURE INTERSECTION OF BUIDERFIELD STAGE ROAD AND NICOLAS ROAD PLANNING APPLICATION 940076 Statement of Findings of Fact Pursuant to Section 21081 of the California Public Resources Code State CEQA Guideline Section 15091 For the Roripaugh Ranch Specific Plan Including All Actions Arising Under Planning Application 940076 and the Adoption of a Mitigation Monitoring Program Under California Public Resources Code 210816and Section 15097 of the State CEQA Guidelines WHEREAS the Roripaugh Ranch Specific Plan Specific Plan and related actions as reflected on PA 940076 Actions were initiated and prepared by Ashby USA LLC and were submitted to the City of Temecula for its review and consideration The Roripaugh Ranch Specific Plan proposes the development of 8047 acres including the annexation of 634 acres of 634 acres to the City of Temecula Related actions include a General Plan Amendment to the Land Use Element to incorporate the proposed land uses and to include Planning Areas 33A and 33B to the Specific Plan Overlay Figure a General Plan Amendment to the Circulation element to eliminate the connection between Nicolas Road and Calle Contento through the project and to upgrade the designation of Butterfieid Stage Road between Murrieta Hot Springs Road and Nicolas Road from 4 lanes to Specific Plan Road a Zone Change to prezone the annexation property to the SP zoning designation and to amend the Development Code Section 1716070of the City of Temecula Development Code to adopt a Specific Plan for 8047 acres to provide zoning and development standards for the development of 2015 dwelling units within several gated communities 110000 square feet of neighborhood commercial retail space a 12 acre elementary school site and a 20 acre middle school site two public parks sites including a 197 acre Sports Park with lighted playing fields and a 48 acre neighborhood park with passive uses three private recreation facilities private and public trails and paseos a fire station site and 2027 acres of natural open space to be preserved as permanent habitat related flood control improvements to Santa Gertrudis Creek and Long Valley Wash a tentative map to subdivide the project for conveyance purposes a tentative map to create 509 residential lots within a gated community a 48 acre private recreational facility a 3 acre private mini park private paseos and trails a 51 acre public park site and two open space lots 219 acres to be preserved as permanent habitat and a Development Agreement to grant the developer development rights for ten years and secure the construction of certain infrastructure RResos 2002Resos 02111 1 improvements by the developer The actions include a statutory development agreement including a prezoning of the portion of the site not in the City WHEREAS pursuant to the California Environmental Quality Act CEQA the City is the lead agency for the Actions as the public agency with both general governmental powers and the principle responsibility for implementing the Specific Plan and WHEREAS On June 1 1999 the City issued a Draft Environmental Impact Report DEIR for the proposed Roripaugh Ranch Specific Plan project SCH 97121030 The 45day public comment period ran from June 1 to July 16 1999 during which 26 comment letters were received On June 8 2001 the City issued a Revised Draft Environmental Impact Report for this project and 16 comment letters were received from various agencies and individuals during the 45day public review period which ran from June 11 to July 26 2001 Subsequent to cimulation of the Revised DEIR the applicant revised the project based on input from the City and local residents On April 12002 the City issued a 2nd Revised DEIR on the Roripaugh project Sixteen 16 comment letters were received during the 45day public review period which ran from April 3 to May 17 2002 Responses to comments received on the Revised DEIR and 2nd Revised DEIR were included in the Final EiR for this project dated September 26 2002 and WHEREAS written statements were received by the City in response to the Notice of Preparation which assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR and WHEREAS a Draft EIR was prepared by the City pursuant to State CEQA Guidelines section 15168 to analyze potential adverse environmental impacts of Specific Plan implementation pursuant to CEQA and WHEREAS upon completion of the Draft EIR dated November 2 2000 the City initiated a 45day public comment period by filing a Notice of Completion with the State Office of Planning and Research in November 2 2000 and WHEREAS the City also published a Notice of Availability for the Draft EIR in a newspaper of general circulation Copies of the Draft EIR were sent to public agencies organizations and individuals In addition the City placed copies of the Draft EIR in public libraries in Riverside County and made copies available for review at City offices and WHEREAS during and before the official public review period for the Draft EIR the City received 16 written comments all of which were responded to by the City Those comments and the responses are included as part of the Final Environmental Impact ReportResponse to Comments document Final EIR and WHEREAS pursuant to Public Resources Code Section 210925 the City provided its responses to all commentors on October 12002 and WHEREAS on October 16 2002 and October 30 2002 the Planning Commission held public hearings and on November 26 2002 the City Council held a public hearing and RResos 2002Resos 02111 2 WHEREAS Public Resources Code Section 21081 and Section 15091 of the State CEQA Guidelines prevent the City from approving or carrying out a project for which an EIR has been completed that identifies any significant environmental effects unless the City makes one or more of the following written findings for each of those significant effects accompanied by a brief explanation of the rationale for each finding A Changes or alterations have been required in or incorporated into the project which avoid or substantially lessen the significant environmental effects as identified in the final EIR or B Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding Such changes have been adopted by such other agency or can and should be adopted by such other agency or C Specific economic legal social technological or other considerations including provision of employment opportunities for highly trained workers make infeasible the mitigation measures or project alternatives identified in the final EIR and WHEREAS Section 15093 of the State CEQA Guidelines requires that if the Specific Plan will cause significant unavoidable adverse impacts the City must adopt a Statement of Overriding Considerations prior to approving the project A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts and WHEREAS environmental impacts identified in the Final EIR as potentially significant but which the City Council finds can be mitigated to a less than significant level through the imposition of mitigation measures andor conditions identified in the Final EIR and Specific Pan and set forth herein are described in Section 1 hereof and WHEREAS environmental impacts identified in the Final EIR as potentially significant but which the City Council finds cannot be fully mitigated to a less than significant level despite the imposition of all feasible mitigation measures described in Section 42 hereof and WHEREAS alternatives to the Specific Plan that might eliminate or reduce significant environmental impacts are described in Section 4 and WHEREAS a discussion of Specific Plan benefits identified by City staff and a Statement of Overriding Considerations for the environmental impacts that cannot be fully mitigated to a less than significant level are set forth in Section 3 hereof and WHEREAS Public Resources Code section 210816 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures and WHEREAS prior to taking action the City Council has heard been presented with reviewed and considered all of the information and data in the administrative record including the Final EIR and all oral and written testimony presented to it during meetings and hearings The Final EIR reflects the independent judgment of the City Council and is deemed adequate for purposes of making decisions on the merits of the Actions No comments or any additional information submitted to the City have produced any substantial new information requiring circulation or additional environmental review of the Final EIFI under CEQA nor do the minor RResos 2002Resos 02111 3 clarifications and modifications to the Final EIR require additional public review because within each no new significant environmental impacts were identified and no substantial increase in the severity of any environmental impacts will occur as a result of the clarifications NOW THEREFORE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE DETERMINE AND ORDER AS FOLLOWS Section 1 Findings Impacts of the Project that have been mitigated to insignificant Levels The following issues were found to be less than significant based on detailed technical data supporting a conclusion that mitigation measures identified in the EIR and administrative record will be implemented reducing the impacts to below a level of significance In the following presentation each resource issue is identified and followed by A a description of the potential significant impact B a discussion of the finding in the entire administrative record primarily the EIR C any mitigation measures that will be implemented to achieve a non significant impact are identified and D the facts supporting the finding A The City Council hereby finds that changes or alterations have been required in or incorporated into the Project which mitigate or avoid the significant effects on the environment for the resources addressed below Public Resources Code Section 21081 states that no public agency shall approve or carry out a Project for which an environmental impact report has been completed which identifies one or more significant effects unless the public agency makes one or more of the following findings 1 Changes or alterations have been required in or incorporated into the Project which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report 2 Such changes or alterations are within the responsibility and jurisdiction of another public agency and such changes have been adopted by such agency or can and should be adopted by such other agency andor 3 Specific economic social or other consideration make infeasible the mitigation measures or Project alternatives identified in the environmental impact report B The City Council hereby finds pursuant to Public Resources Code Section 21081 that the following issues are less than significant based on implementation of the mitigation measures outlined below and that no additional mitigation measures or Project changes are required to reduce these impacts below a significant level These issues and the measures adopted to mitigate them to a level of insignificance are as follows Land Use and Planning A Potential Significant Impact The Project site is currently classified as a Specific Plan in the City of Temecula General Plan which allows a gross density of 3 units per acre DEIR p 39to 311 The Countys Southwest Area Plan SWAP also designates the Valley portion of the site for Iow density housing DEIR p 310 Ibid The proposed net density of the Project is 25dwelling units per acre duac DEIR p 311 Shortterm impacts will occur as the land use on the property changes from unimproved vacant land to a construction site and finally to a Iow to moderate intensity residential neighborhood DEIR p 311 Due to the design of the project development of the RResos 2002Resos 02111 4 site will not have longterm impacts on the surrounding neighborhoods to the southwest south and east DEIR pp 39 to 311 In addition the Valley portion of the project will be annexed into the City of Temecula this is not expected to have any significant land use impacts B Finding The current combination of standard conditions uniform codes and Project design features help reduce the overall land use impacts of the Project on surrounding land uses by creating larger lots around the perimeter of the site with smaller lots on the inside of the Project DEIR pp 39 to 311 The following measures are proposed to mitigate potential land use impacts of the proposed project relative to regional plans ie the French Valley Airport Master Plan C Mitigation Measures 1 The Specific Plan has been transmitted to the Countys Airport Land Use Commission ALUC for review and comment Official comments including the Conditions of Approval prepared by ALUC have been transmitted to the City and included into the Mitigation Monitoring Program and Conditions of Approval as part of the decisionmaking action on the project 2 The developer has provided the Countys Airport Land Use Commission ALUC with Avigation Easements for all the parcels in Planning Areas 19 and sends a copy of that proof to the City Planning Department 3 The developer has also provided the City with proof that avigation easements have been obtained for all the lots in Planning Areas 15 4 Prior to recordation of any maps in Planning Areas 15 the developer shall demonstrate to the City Planning Department that retail buyer information contains a statement regarding avigation easements This information shall be provided either in the White Report or supplementary information with an affidavit of disclosure by the developer 5 The developer has demonstrated to City that proposed structures comply with the current height restrictions of the French Valley Airport and ALUC for Planning Areas 1 9 6 One or both of the proposed school sites can be converted to residential use provided that all of the following are met a approval of a Specific Plan Amendment SPA is obtained from the City to convert from Educational Designation to Low Medium Residential Designation b the School District has indicated in writing that they are no longer interested in using Planning Areas 28 andor 29 as schools sites and c the total number of units for the entire project does not exceed 2015 units 7 Incorporate noise attenuation measures into any building construction to ensure interior noise levels are at or below 45decibel levels Refer to Noise Mitigation Measures 3105 and 3106 8 Install hoods or shields to prevent either spillage of lumens or reflections into the sky lights must be downward facing RResos 2002Resos 02111 5 9 The Plan and EIR are amended to recognize the approved CLUP and the airport is to include the appropriate text and graphic illustrations 10 No obstruction of the FAR Part 77 Conical Surface shall be permitted Refer see Land Use Planning Mitigation Measure 315 11 The following uses shall be precluded in Planning Areas 19 a stadiums b amphitheaters c lighted ball fields and d churches because of the ALUCs conditions 12 The following uses shall be prohibited a Any use which would direct a steady light or flashing light of red white green or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport other than an FAA approved navigational signal light or visual approach slope indicator b any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport c any use which would generate smoke or water vapor or which would attract large concentrations of birds or which may otherwise affect safe air navigation within the area or d any use which would generate electrical interference that may be detrimental to the operation of aircraft andor aircraft instrumentation 13 Prior to recordation of any final maps or the recordation of any avigation easements whichever is first the Temecula Community Services Department TCSD shall approve the wording for and authorize the filing of an avigation easement for the neighborhood park Planning Area 6 The avigation easement for PA 6 shall be recorded and documented with the Planning Department prior to construction of the park Facts in Support of the Finding 1 The density of the Project ie Iow density suburban intensity of 25 unitsacre complies with the General Plan and has been organized to minimize impacts on the surrounding neighborhoods Draft EIR p 311 2 With implementation of the standard conditions uniform codes Project design features and the recommended mitigation measures the Project will not significantly impact surrounding land uses and is consistent with the Citys General Plan and will thus create no significant short or longterm impacts on land use Draft EIR p 315 3 Development in the Temecula area is expected to continue and result in a fundamental change in the character of the area DEIR p 66 However the change need not be cumulatively considerable if proper planning is exercised It is not anticipated the Project will contribute to cumulative land use and planning impacts in the Temecula area DEIR p 611 Earth Resources A Potential Significant Impact Various regional faults such as the San Andreas Fault are capable of producing major earthquakes and substantial ground shaking Draft EIR p 328 Development of the proposed Project will introduce additional homes and residents into an area subject to moderate ground shaking settling and other seismic related hazards Ibid RResos 2002Resos 02111 6 Soils on the site have a moderate to high potential for erosion if the vegetative cover is removed Draft EIR p 330 334 The Project will temporarily increase the potential for erosion by removing vegetation during grading activities for roads and building pads Ibid Longterm increases to erosion potential will occur as a result of increased sudace runoff rates due to road paving and construction of impermeable structures Ibid B Finding The following measures are recommended to prevent earthrelated impacts from becoming significant C Mitigation Measures 1 Prior to the issuance of grading permits engineering reports addressing geologic seismic or soil limitations and foundation design will be prepared for the following Planning Areas PAs Report Topics 12 Liquefaction 14 liquefaction landslides 15 landslides 17 Landslides 18 Liquefaction south end 19 landslides and liquefaction for lots along creek 20 landslides and liquefaction for lots along creek 22 liquefaction 23 liquefaction 24 liquefaction 27 liquefaction sports park 28 liquefaction school site 31 liquefaction 33A B liquefaction Nicolas liquefaction offsite improvements 2 If a particular lot cannot accommodate appropriate setbacks it will not be built These reports will specify appropriate foundations and other design parameters to alleviate identified potential geotechnical impacts These reports will be prepared and approved by the City Department of Public Works prior to the issuance of grading permits 3 Prior to the issuance of grading permits for offsite improvements related to the project engineering reports addressing geologic seismic or soil limitations and foundation design will be prepared for any affected areas that have not already had such studies to the satisfaction of the Public Works Department 4 At least two days prior to scheduled blasting the developer shall post a clearly visible sign at the intersection of Nicolas Road and Calle Girasol to notify residents of the Nicolas Valley if and when blasting will occur Any blasting activities will be limited to the hours of 9 AM to 4 PM Monday through Friday Prior to any blasting the developer shall obtain permission from the City Engineer to post notice in at least one newspaper of local circulation at least one week in advance A note to this effect shall be placed on the grading plans RResos 2002Resos 02111 7 5 Water Resources below contains mitigation measures for erosion control and sedimentation ie water erosion Section 6 on Air Quality contains mitigation measures for dust control ie wind erosion and revegetation of disturbed areas D Facts in Support of the Finding 1 While development of the proposed Project will introduce additional homes and residents into an area subject to moderate ground shaking settling and other seismic related hazards these hazards are similar to those experienced throughout the mountain region and most of Southern California Draft EIR p 328 These hazards are not substantially elevated for the Project site and will not expose people or structures to potential substantial adverse effects Ibid Aisc the residential structures will be designed to withstand anticipated seismic stresses and soil conditions further minimizing potential impacts to new residents Draft EIR p 330 334 2 Implementation of standard conditions existing codes proposed Project design features and the mitigation measures listed above will assure that potential geologic seismic soil and other earthrelated impacts remain less than significant Draft EIR p 339 Development throughout the region will also introduce thousands of new residences and residents into areas subject to considerable ground shaking and some that have soil limitations However with proper design and engineering no cumulative impacts to earth resources are expected Therefore the Projects potential impacts to earth resources are not cumulatively considerable DEIR p 66 Water Resources A Potential Significant Impact Development of the Project site will increase the amount of onsite runoff by covering pervious native soils with various impervious surfaces such as asphalt concrete and buildings DEIR p 345 Based on the proposed development plan approximately 254 acres 32 percent of the site will be covered by impervious surfaces eg roadways parking areas homes patios etc DEIR p 347 The covering of existing native soils with impervious surfaces could slightly change recharge of local groundwater Draft EIR p 348 Santa Gertrudis Creek presently has an outlet flow off the Project site of 3479 cfs the proposed drainage plan will not increase that flow Similarly Long Valley Wash presently has an outlet flow of 4460 cfs the proposed drainage plan will not increase that flow with construction of the proposed drainage facilities FEIR pp 11 12 Present runoff is mostly limited to natural sediments from the surrounding agricultural land Draft EIR p 348 Conversion of the site to urban uses means that runoff entering the storm drain system will contain minor amounts of pollutants typical of urban use including pesticides fertilizers oil and rubber residues detergents grease hydrocarbon particles dust particles and other debris Ibid This runoff although typical of urban use will contribute to the incremental degradation of downstream water quality in Santa Gertrudis Creek and Long Valley Wash Ibid RResos 2002Resos 02111 8 B Finding With compliance with NPDES requirements and implementation of the following mitigation measures water resource related impacts will be mitigated to a less than significant level C Mitigation Measures 1 Prior to the issuance of a rough grading permit the developer shall provide a Drainage Management Plan DMP covering both Santa Gertrudis Creek and Long Valley Creek immediately downstream of the project site The DMP must provide erosion control measures sufficient to protect properties downstream of Santa Gertrudis Creek Long Valley Wash and the Plateau portion of the project from flooding scour erosion andor other drainagerelated damage up to a 100year storm The DMP will demonstrate that runoff leaving the project site will not increase velocity or flow The report will demonstrate how total offsite flows from the 2 channels can be reduced to the greatest extent feasible from existing flows The DMP will identify maintenance responsibilities and be prepared to the satisfaction of the City Public Works Department and the Riverside County Flood Control and Water Conservation District The DMP shall incorporate any changes to the project drainage reports and demonstrate the project meets all applicable requirements of the Riverside County Flood Control and Water Conservation District RCFCWCD relative to drainage improvements and drainagerelated construction activities The DMP must demonstrate the planned improvements will prevent downstream erosion and flooding impacts and any increases in offsite runoff If it cannot demonstrate these conditions are met no building permits shall be issued to the satisfaction of the City Public Works Department and the RCFCWCD For the purposes of this measure downstream impacts also refer to MWD pipelines that could be impacted 2 Prior to recordation of any maps or issuance of grading permits whichever is first the developer shall provide a maintenance agreement for the portions of the Santa Gertrudis Creek and Long Valley Creek pn the project site It must be mutually agreeable to the City Public Works Department the Riverside County Flood Control and Water Conservation District RCFCWCD and the Home Owners Association HCA This agreement shall state that the City is only responsible for maintaining flood control facilities under public roads and is not responsible for maintaining the Santa Gertrudis Creek and Long Valley Wash channels or detention basins and the other facilities must be maintained by RCFCWCDHOA with funding provided by the HCA 3 Prior to issuance of grading permits the developer shall coordinate any construction that could impact facilities of the Metropolitan Water District MWD to assure that their facilities are not damaged by project construction either onsite or offsite 4 Prior to issuance of rough grading permits as part of implementation of the mass grading plan the developer shall identify and make as necessary interim channel improvements including but not limited to grading and construction of detention basins during the period before Phase 2 permanent channel improvements are constructed to protect downstream facilities constructed during Phase 1 to the satisfaction of the City Engineer Interim improvements will require a massgrading permit 5 The City reserves the right to require the developer to mitigate any concentrated offsite flows near the project improvements and to adequately disperse them by the use of riprap armorflex or equivalent improvements as approved by and to the satisfaction RResos 2002Resos 02111 9 of the City Engineer This measure shall be in force during the entire development process for the project 6 The timing of all bridge improvements shall be consistent with the transportation mitigation measures to the satisfaction of the City Engineer 7 Prior to recordation of any final map the developer shall provide a Conditional Letter of Map Revision CLMR and comply with that process to the satisfaction of the City Public Works Department 8 Prior to issuance of the first building permit for Phase 2 the developer shall submit appropriate documentation to the Federal Emergency Management Agency sufficient to update the Flood Insurance Rate Maps for Planning Areas 12 13 14 27 33A and 33B for Santa Gertrudis Creek and Planning Areas 18 19 20 22 23 24 25 26 27 28 and 31 for Long Valley Wash 9 Prior to issuance of a grading permit the developer shall prepare and submit a Water Quality Management Plan WQMP to the SDRWQCB for review and comment covering both construction and occupancy of the project The WQMP shall be implemented to the satisfaction of the City Public Works Department D Facts in Support of the Finding 1 The amount of water that will be required for the Project is not substantial on a regional basis and will not result in any significant change to the overall direction or flow rate of groundwater and will mainly use imported water supplied by EMWD Draft EIR p 345 2 With implementation of the proposed drainage master plan runoff and peak flows will not increase FEIR pp 11 12 The Project will not substantially alter the existing drainage pattern of the site or area Ibid Aisc the Project will not substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or offsite Ibid 3 With implementation of the standard conditions uniform codes Project design features and the recommended mitigation measures the Project will not significantly alter flows to Santa Gertrudis Creek or Long Valley Wash and will have no significant short or longterm impacts on waterrelated resources Draft EIR p 354 4 As development occurs local water resources both surface and underground will be incrementally impacted as native soils are covered over runoff is increased and more urban pollutants are introduced into local runoff Draft EIR p 358 However these impacts are not expected to be significant as long as the County continues to require developers to not increase offsite runoff and to properly plan flood control improvements for new development Ibid As growth continues there may be cumulative significant impacts to water resources Ibid However the Project will not make a significant contribution to potential cumulatively considerable impacts on water resources Ibid RResos 2002JResos 02111 10 Biological Resources A Potentially Significant Impact 1 The Project site contains several vegetation types including 2485 acres 31 covered by sage scrub transitional and grasslands 246 acres of riparian vegetation 78 acres of woodlands and 5375 acres 67 of disturbed land Draft EIR p 3117 The site contains two major drainages Santa Gertrudis Creek and Long Valley Wash plus several other minor tributary drainages The site supports a number of listed or otherwise protected speciesincludingtheCaliforniagnatcatcherQuinobutterflyStephenskangarooratandpossiblyburrowingowls 2 After circulation of the first DEIR the Project was extensively revised and was made consistent with the Assessment District 161 SubRegional Habitat Conservation Plan recently approved by the US Fish and Wildlife Service DEIR pp 3125 to 3129 The Project is also consistent with the draft habitat and conservation areas identified in the CETAP maps of the Riverside County Integrated Plan FEIR p 15 The Project as proposed will remove 154 acres of the onsite sage scrub transitional and grassland vegetation 99 acres of the riparian vegetation and almost all of the woodland vegetation Almost all of the proposed developmentwillbeonlandalreadydisturbedDEIRp3131ThesiteprovidesextensiveraptorforaginghabitatsoitsremovalcouldhavecumulativeimpactsonraptorsDEIRp3134Dueto preservation of much of the Santa Gertrudis environs in the AD 161 SHCP the proposed Project will not adversely affect biological resources on or wildlife movement across the site Draft EIR 3140 B Finding Implementation of the following mitigation measures will reduce impacts to biological resources to less than significant levels C Mitigation Measures 1 Prior to the issuance of a grading permit or map recordation whichever is first the developer shall obtain Streambed Alteration Agreements SAA with the California Department of Fish and Game for impacts to onsite drainages including but not limited toSantaGertrudisCreekandLongValleyCreekWhilethisisastandardagencyrequirementseveraluniquerequirementsoftheRoripaughsiterequirethismeasuretobespelledoutin detail Existing disturbed wetland areas on the site will be restored and maintained according to conditions of approval of the SAA The two flowbydetention basins shown in the Master Drainage Plan in the two major drainage channels will be constructed with soft ie naturalbottomsandbeallowedtorevegitatenaturallyinPlanningAreas13and25Theywillbe maintained on a regular basis for flood control purposes Willow and other appropriate riparian species will be planted in areas designated by the CWA 404 permit being processed for this project This vegetation will create new wetland habitat approximately 122 acres to compensate for the loss of existing onsite wetlands 061 acres The project is expected to impact a total of 269 acres of land under ACOE jurisdiction It is also expected to impact 30 acres of land under CDFG jurisdiction of which 083 acres is riparian habitat The revegetation areas may be near the flowbydetention basins or within the creek channels as approved by the Army Corps in approved 404 permitting documents As shown in Figure 343 RResos2002Resos 02111 11 Master Drainage Plan the basins will be constructed prior to the issuance of occupancy permits for the following areas Basin Location South end of PA7C Southwest portion of Santa Gertrudis Creek Long Valley Wash PA 25 26 Constructed prior to issuance of 1s building permit PA 3 4A or 4B 1st bthUilding permit in PA lA 2 or 3 PA lA PA 7B 250 building permit in PA lA 2 or 3 PA 13 1st building permit east of Butterfield Stage Road PA 14 18 19 20 22 23 24 27 28 or 31 and concurrent with Long Valley channel improvements These basins shall be maintained by the Developer although the basin in Planning Area 13 may be maintained by the Countys designated conservation organization under the AD 161 SHCP Nonperformance of maintenance duties will be cause for suspension of building permits for the project regardless of development phase In addition the developer shall transmit a copy of the approved CWA 404 permit for the project within 30 days of approval by the ACOE 2 The developer has retained a qualified biologist to prepare a directed survey to locate on site coastal California gnatcatcher nests and no occupied gnatcatcher nests were present In addition no grading or removal of habitat will take place within 100 feet of known nesting sites during the nesting and breeding season midFebruary through midJuly The developer shall provide the City with a copy of the report approved by the appropriate resource agency 3 Prior to the issuance of a grading permit or any vegetation clearing including offsite roadway or other improvements a focused burrowing owl survey will be completed and any burrowing owls occurring on the site will be excluded from active burrows Owl surveys and burrow exclusion will follow the CDFG protocols for this species CDFG 1993 The developer shall provide the City with a copy of the report approved by the appropriate resource agency 4 Prior to the issuance of a grading permit or any vegetation clearing including offsite roadway or other improvements a directed survey shall be conducted to determine the presence or absence of nesting raptor species Surveys will be conducted between April and June If raptor nests are present no grading or removal of habitat will take place within 500 feet of known nesting sites during the nestingbreeding season midMarch through midJuly The developer shall provide the City with a copy of the report approved by the appropriate resource agency 5 The open space in Planning Areas 8 9A 9B and 13 will be managed by a conservation organization authorized by the most current AD 161 SHCP Agreement Prior to recordation of a final map the developer shall provide the City with a Habitat Management Plan HMP signed by the agency that will own and maintain the habitat area covering activities related to the AD 161 Habitat area on the project site Planning Areas 810 The HMP will address the exact boundaries of the area fencing lighting landscaping fuel modification access roads for fire equipment pedestrian and equestrian trails and access gates to the preserve area including public access to the Johnson Ranch and UCR property The Developer shall comply with all applicable requirements of the AD 161 SHCP and the approved HMP including but not limited to the following RResos2002Resos 02111 12 a Roadways in or adjacent to the open space areas including security and maintenance roads shall have highly visible signs notifying drivers of the potential for wildlife eg WARNING WILDLIFE XlNG Speed laws near corridors should be strictly enforced b No fences shall impede movement within the corridor If a fence is necessary in these areas it should be a twostrand smoothwire or splitrail type The bottom strand or rail should occur no lower than 20 inches above the ground with the second strand or rail occurring no higher than 40 inches above the ground o Fencing shall be installed and maintained along the perimeter of the open space areas Planning Areas 8 9A 9B and 13 to minimize intrusion by humans pets vehicles etc d Habitat or corridors shall be screened from the direct view of adjacent homes roads etc by trees and shrubs Dense vegetative screening is required for the edge of any developed areas adjacent to corridors e If nighttime lighting is necessary in the area of wildlife corridors only appropriate restrictive lighting pointed away from the corridor should be allowed In addition streets should not terminate at the edge of the corridor because this may promote turning of automobiles which would flood the corridor with headlight illumination Streets that do terminate shall have fencing or other visual screening to limit light intrusion into the habitat area f During the vegetation clearing or grading all areas of Riversidian sage scrub proposed to be preserved in the vicinity of construction activities shall be protected through the construction of temporary fencing No construction access parking or storage will be permitted within the fenced area Vehicle transportation routes between cutandfilllocations will be restricted Failure of the developer to abide by the guidelines of AD 161 SHCP and the HMP will be grounds for suspension of building permits for the project regardless of phase This action can be appealed to the City Council in disputed cases 6 Prior to final map approval the Developer shall document that an effective Fuel Modification Zone FMZ has been planned around the AD 161 SHCP area Planning Areas 810 to the satisfaction of the City Planning and Public Works Departments City Fire Department and the U S Fish and Wildlife Service No maps shall be approved until a mutually agreeable FMZ plan is approved by the City Public Works Department subject to concurrence with the other affected agenciesdepartments 7 Prior to approval of any final maps all mature trees should be shown on an exhibit mature 3 inches truck diameter at breast height or larger The developer shall replace mature trees lost through development at a minimum 151 ratio as outlined in the Master Landscape Plan and Landscape Material Palette in Section 5 of the Specific Plan at appropriate locations throughout the project RResos2002Resos 02111 13 D Facts in Support of the Finding 1 The proposed mitigation measures will establish a Habitat Management Plan for the habitat land of AD 161 SHCP within the Project site PAs 8 9A 9B and 13 which will help assure the longterm health of this habitat area for the gnatcatcher Quino butterfly and Stephens kangaroo rat Draft EIR pp 3133 to 3136 Payment of a regional fee will mitigate impacts to the Stephens kangaroo rat and protocol surveys and possible relocation will prevent impacts to any burrowing owls Other sensitive species will also benefit by the 201 acres of habitat land set aside on the site 2 With implementation of standard conditions uniform codes and recommended mitigation measures impacts to biological resources will be reduced to less than significant levels DEIR p 3140 3 Ongoing development will put additional pressure on local biological resources especially the loss of foraging land for raptors DEIR p 67 Since the Project is mitigating its own impacts and it will not contribute to cumulatively considerable impacts to biological species Ibid Energy and Mineral Resources A Potential Significant Impact The project area does not contain any significant energy resources The State is currently experiencing an energy crisis but is expected to resolve it in the coming months The Santa Gertrudis Creek channel does contain sand and gravel resources and a small mining operation is currently extracting aggregate from the channel onsite The proposed Project will preserve Santa Gertrudis Creek channel intact so no significant impacts are expected to mineral resources DEIR p 3142 The Project will consume additional electricity and natural gas but this increase is not considered significant when viewed over the longterm DEIR p 3142 B Finding Implementation of the following mitigation measures will reduce potential energy impacts to less than significant levels C Mitigation Measures Compliance with the States energy conservation regulations contained in Title 24 D Facts in Support of the Finding Over the longterm the public and private utility companies serving Southern California are expected to have adequate supplies of electricity and natural gas despite the current shortterm crisis DEIR p 3141 RResos 2002Resos 02111 14 Hazards A Potential Significant Impact Occupancy of the proposed Project will require the use of a number of common hazardous materials such as cleaners fertilizers etc however these are not considered a significant impact DEIR p 3145 Hazardous materials from former vehiclerelated activities were found in several small areas in the center of the site as delineated in a Phase 1 report for the site These contaminated areas have since been remediated according to applicable requirements The site will also expose hundreds of residents to increased hazards related to overflights from the French Valley Airport which is considered significant DEIR p 3146 B Finding The previous Section 1 entitled Land Use and Planning proposes mitigation measures related to avigation easements for future project residents and land uses DEIR pp 314 315 Implementation of the mitigation measures in the Land Use section regarding avigation easements and the Airport Land Use Commission ALUC will reduce impacts related to overflight hazards to less than significant levels Compliance with existing taws and regulations regarding hazardous materials are considered adequate to control potential exposure of Project residents to hazardous materials In addition the following measures are recommended to assure there are no impacts regarding hazardous materials C Mitigation Measures 1 Prior to the issuance of a grading permit the developer shall demonstrate that the contaminated areas identified in the 1999 Phase 1 Environmental Site Assessment ESA report have been remediated according to applicable regulations to the satisfaction of the Public Works Director 2 Prior to issuance of any grading permits the developer shall contact the Voluntary Cleanup Program VCP if cleanup oversight is required and contact a DTSC if a Preliminary Endangerment Assessment must be prepared 3 Prior to the Citys acceptance of the grant deeds for the 2 park sites Planning Areas 6 and 27 and the fire station site Planning Area 32 the developer shall demonstrate that the sites are not contaminated by hazardous materials to the satisfaction of the Temecula Community Services Department TCSD Public Works and the Fire Department 4 Prior to issuance of a grading permit the developer shall contact the States Certified Unified Program Agency CUPA to identify any hazmat permitting authority or agency related to the project 5 Prior to issuance of a building permit the Developer shall obtain a hazardous waste storage permit if so directed by the States Certified Unified Program Agency CUPA RResos2002Resos 02111 15 D Facts in Support of the Finding 1 With respect to hazardous materials large amounts of such materials will not be stored onsite and only small amounts of chemicals typical in suburban uses will be used during operation of the Project Therefore significant impacts related to hazardous materials are not anticipated for the proposed Project Draft EIR p 3145 In addition the proposed Project will not result in a cumulatively considerable impact on the use or disposable of hazardous materials Draft EIR p 68 2 Notifying residents of potential hazards from the proximity to French Valley Airport and restricting building heights will not prevent accidents but obtaining an avigation easement from all involved property owners is the required mitigation for residential land uses within this zone With these the impacts of the Project relative to hazards of aircraft overflight have been mitigated to less than significant levels DEIR p 147 Noise A Potential Significant Impact The project area is relatively quiet at present due to the lack of major roads and largely rural condition The proposed Project will generate both shortterm construction noise and longterm noise mainly in the form of vehicular traffic on local roadways Draft EIR pp 3157to 3162 At buildout the Project will increase ambient noise levels by 26 dB which is below the specified 3 dB CEQA threshold Areawide noise impacts from planned growth are expected to be cumulatively considerable DEIR p 68 B Finding Implementation of the following mitigation measures will reduce shortterm noise impacts from construction and longterm noise impacts from project occupancy to less than significant levels C Mitigation Measures 1 Prior to the issuance of a grading permit the developer shall prepare and file a Noise Control Plan NCP with the City Public Works Department The NCP will commit the developer to the following measures Failure of the developer to abide by these restrictions will be grounds for suspension of building permits regardless of phase to the satisfaction of the Community Development Department a All construction and general maintenance activities except in an emergency shall be limited to the hours of 7 am to 630pm Monday through Friday except for holidays b All construction equipment shall use properly operating mufflers and no combustion equipment such as pumps or generators shall be allowed to operate within 500 feet of any occupied residence from 7 pm to 7 amunless the equipment is surrounded by a noise protection barrier c All construction staging shall be performed as far as possible from occupied dwellings The location of staging areas will be subject to review and approval by the City prior to the issuance of grading andor building permits RResos 2002Resos 02111 16 d Prior to precise grading plan approval a noise mitigation analysis shall be performed for single family residences or multifamily residential buildings within 200 feet of the edge of rightofway for Murrieta Hot Springs Road and Butterfield Stage Road or for any other noisesensitive uses on the project site potentially exposed to exterior noise levels in excess of 60 dB CNEL The analysis must demonstrate that planned noise protection will meet City standards to the satisfaction of the City Community Development Department e Prior to precise grading plan approval the developer shall prepare a noise mitigation analysis for all nonresidential uses within 100 feet of the edge of rightofway for Murrieta Hot Springs Road or residences along Butterfield Stage Road eg Planning Area 11 or for any other noisesensitive uses on the project site potentially exposed to exterior noise exceeding 70 dB CNEL The noise analysis must demonstrate that planned noise protection will meet City standards to the satisfaction of the City Community Development Department f Prior to approval of the final park design the developer shall document that outdoor recreational areas are designed to have exterior noise levels of less than 70 dB CNEL to the satisfaction of the City Community Development and Community Services Departments Noise attenuation along Buttedield Stage Road for the sports park should be in the form of berms rather than walls g Prior to precise grading plan approval the developer shall document that interior living areas have noise levels less than 45 dB CNEL to the satisfaction of the City Community Development Department h Prior to the issuance of building permits for homes in Planning Areas 14B the developer shall demonstrate that the homes will have doubleparted windows with at least 25 STC ratings installed to reduce noise from occasional aircraft overflights from French Valley Airport i Prior to the issuance of occupancy permits in each Planning Area the developer shall demonstrate that written information is available and being provided to prospective residents in Planning Areas 14Bon avigation easements height restrictions and occasional overflights noise and hazards j Measures 2 and 3 under Land Use and Planning Section E sub section 1 address potential noise impacts related to operations at the French Valley Airport D Facts in Support of the Finding Construction of the Project may temporarily increase noise levels along local roads for several months However due to the topography and distance from occupied structures these noise levels should not exceed significance criteria Draft EIR p 3154 1 Potential noise impacts from the proposed Project will occur in its opening year 2003 as well as at buildout 2015 but are not expected to be significant ie 26dB Draft EIR pp 3157 to 3162 Due to the amount of growth anticipated cumulative noise impacts are expected to be considerable 6 dB although the proposed Projects contribution will not be significant Draft EIR p 68 RResos 2002Resos 02111 17 2 Implementation of the mitigation measures described above as well as standard conditions and uniform codes will reduce potential noise impacts to a less than significant level Draft EIR p 3165 Public Services A Potential Significant Impact 1 Fire Protection Almost the entire Project site is currently outside of the 5 minute response time requirement of the Temecula Fire Department FD DEIR p 3166 In addition the Project will require an extensive Fuel Modification Zone Ibid The Project is providing a new fire station site DEIR p 3167 2 Police Protection Law enforcement services are provided by the Temecula Police Department and the Riverside County Sheriffs Department When annexed the entire site will be under the jurisdiction of the City Police Department DEIR p 3173 The Project would require the service of an additional 6 deputies Ibid 3 Schools At present all local school sites of the Temecula Valley Unified School District TVUSD are impacted by local growth and the States mandatory classsize reduction program Draft EIR p 3175 Data from the TVUSD shows that all of the schools that would serve the Project site are currently at or over capacity FEIR p 16 In addition the TVUSD is expecting enrollments to continue increasing and expects to accommodate the continued growth by using portables Ibid Consequently cumulative impacts to school services will be significant due to continued growth DEIR p 68 The Project is making available a new 12acre elementary school site and a new 20acremiddle school site southeast of ButterfiedStage Road and Nicolas Road DEIR p 29 4 Recreation The proposed Project could generate as many as 5743 new residents which would create a need for approximately 287 acres of parkland based on State and local Quimby Act standards DEIR p 3179 The Project will provide an amount of parkland equivalent to 287 acres including a 51acre neighborhood park in the Plateau area a 198 acre community sports park just west of the middle school site and 91 acres of private recreational facilities Ibid As the area grows additional parkland will have to be provided to assure there are no cumulatively considerable recreation impacts Draft EIR p 68 5 Library The proposed Project will increase the area population and community demand for library services The City of Temecula has adopted a Library Component of the Development Impact Fee to mitigate the impacts of the projects The project will be required to pay this fee prior to the issuance of each building permit B Finding Implementation of the following mitigation measures will reduce impacts to public services to less than significant levels RResos 2002Resos 02111 18 C Mitigation Measures 1 Fire Protection a Prior to both issuance of a nonresidential use and noncommercial use building permit in any Planning Area other than 1 2 or 3A and the completion of a permanent onsite fire station the developer shall demonstrate that the proposed unit is located within a 5minuteresponse time from an existing station for the City Fire Department b The developer shall provide in fee title a permanent fire station site to the Temecula Fire Department Planning Area 32 The station shall be operational including all permanent utilities prior to issuance of the 250th building permit within Planning Areas lA 2 or 3 No additional building or occupancy permits shall be granted until adequate onsite fire services are available as determined by the Temecula Fire Department c Prior to issuance of the 251s building permit for the project and if a permanent fire station is not yet operational the developer shall provide a site construct and fund the operation of a temporary firs station The location and other parameters of this station are up to the discretion of the City Fire Chief d Prior to issuance of occupancy permits the developer shall pay the appropriate fire component of the Development Impact Fee DIF to the satisfaction of the City Building Official 2 Police Protection a Prior to the issuance of building permits the developer shall incorporate the following crime prevention measures within the detailed design plans for each tract map submitted to the City for review The City of Temecula Crime Prevention Officer shall review detailed design plans for proposed residential and commercial uses in order to insure incorporation of these measures i Onsite street walkways and bikeways shall be illuminated in order to enhance night time visibility ii Doors and windows shall be visible from the street and between buildings in order to discourage burglaries and potential suspect hiding places iii Fencing heights and materials utilized are intended to discourage climbing iv The numbering identification system utilized onsite shall be visible and readily apparent in order to aid emergency response agencies in quickly finding specific locations and v e Walls along backbone streets will utilize graffiti resistant materials in their construction In addition shrubs vines and espaliers shall be planted along the outside of these walls in order to provide coverage thereby further discouraging graffiti and climbing RResos 2002Resos 02111 19 3 Schools a The developer shall pay applicable developer fees according to SB 50 and state law Under current law SB50 1998 developers are required to pay a Level 2 or Level 3 developer fee prior to building permit issuance for each residential unit not covered by a developerTVUSD negotiated mitigation agreement TVUSD has established 332 and 663 per square foot as the Level 2 and Level 3 fees respectively in compliance with the SB 50 provisions Level 2 applies until the state declares Level 3 is allowed at which time TVUSDs Level 3 rate will take effect immediately pursuant to TVUSD Governing Board Resolution The Level 2 and Level 3 rates are subject to change as they are recalculated and the revised rates are adopted annually pursuant to the SB50 provisions City Resolution 96 119 is no longer in effect 4 Recreation Parks Trails and Open Space a Prior to the issuance of the first building permit the developer will demonstrate that a minimum of 287 acres of park credit has or will be provided to the satisfaction of the City Community Services Director See Figure 3114 b Prior to approval of the private recreational facility plans all private recreational facility parking areas shall be reviewed and approved by the Planning Department and the Director of Community Services to ensure that they are in accordance with the City of Temecula standards including permanent utilities c Prior to the issuance of the 400th building permit in the project area the 51acre park site Planning Area 6 will be developed including all permanent utilities and the 90day maintenance period and the grant deed accepted by the City Council d Prior to issuance of the 100th building permit 03oacreminipark site Planning Area lB will be completed to the satisfaction of the Community Services Director including all permanent utilities e Prior to the issuance of the 250th building permit the park portion of the private recreation area in the Plateau area Planning Area 5 will be completed to the satisfaction of the Community Services Director f Prior to the issuance of the 350th building permit the building and pool portion of the private recreation area in the Plateau area Planning Area 5 will be completed to the satisfaction of the Community Services Director g Prior to the issuance of the 700th building permit in the project area the 198acre sports park site Planning Area 27 will be developed including all permanent utilities and the 90day maintenance period and the grant deed accepted by the City Council h Prior to the issuance of the 800th building permit the park portion of the private recreation area in the Valley area Planning Area 30 will be completed to the satisfaction of the Community Services Director RResos2002Resos 02111 20 i Prior to the issuance of the 1150th building permit the building and pool portion of the private recreation area in the Valley area Planning Area 30 will be completed to the satisfaction of the Community Services Director j Prior to issuance of occupancy permits the developer shall pay the appropriate parks component of the Developer Impact Fee DIF or enter into a DIF credit agreement to the satisfaction of the City Building Official k All proposed TCSD slopelandscaping maintenance easements should be offered for dedication on the final maps I Prior to final map approval the developer will certify to the Citythatownershipandmaintenanceofallopenspaceareaswillbetheresponsibilityofan appropriate conservation organization TCSD does not assume maintenance of open space or habitat areas m Prior to issuance of the 400th building permit the Plateau trail in Planning Area 7A and the trail between Planning Areas 4B and 6 shall be completed to the satisfaction of the Community Services Director n Prior to A map recordation for the Valley portion or B map tentative map approval for the Valley portion the developer shall provide written authorization from RCFCWCD that the maintenance roads along both sides of Long Valley Wash can be used as trails o Prior to tentative map approval by City separate trails shall be designed and shown on the tentative map outside of the flood control rightofway if the Long Valley Wash trails cannot be constructed within the maintenance roads and shall be constructed pursuant to Section C4q and C4rbelow p Prior to issuance of the 1st building permit in Phase 2 as specified in the Specific Plan the Riverwalk multiuse trails within the maintenance roads on both sides of Long Valley Wash shall be completed to the satisfaction of the Community Services Director q If the maintenance road along the north side of Long Valley Wash cannot be used as a multiuse trail a separate trail along the north side of Long Valley Wash shall be completed prior to issuance of the 50th building permit in Planning Area 31 to the satisfaction of the Community Services Director r If the maintenance road along the south side of Long Valley Wash cannot be used as a multiuse trail a separate trail along the south side of Long Valley Wash shall be completed prior to issuance of the 75th building permit in Planning Areas 22 23 or 24 to the satisfaction of the Community Services Director s Prior to issuance of the 75t building permit for Planning Areas 22 23 or 24 the developer shall construct a pedestrian bridge across Long Valley Wash consistent with the guidelines in the Specific Plan and to the satisfaction of the Community Services Director t Prior to the issuance of any building permits in Planning Areas 19 20 or 21 the developer shall construct a 15foot wide multiuse trail within a 30foot wide fuel RResos2002Resos 02111 21 modification zone along the south side of Planning Areas 20 21 the south and west sides of Planning Area 32 and the east sides of Planning Areas 19 and 20 to the satisfaction of the Community Services Director The trail will be designated as an easement for public use on any tentative maps for these areas 5 Library Services a Prior to issuance of building permits the Developer shall pay the appropriate Library DIF fee component D Facts in Support of the Finding 1 Fire Protection Development of the proposed Project will increase the need for fire service but the project will provide a new fire station DEIR p 3168 The Project will also contribute additional tax revenues and other City and County funds to help offset additional fire service costs FIA p 5 2 Police Protection The proposed Project will incrementally increase the need for police services but it is not expected to have any direct significant impacts on police services DEIR p 3174 In addition access to the site and surrounding area by police personnel as well as response times for emergency and nonemergency calls should not be significantly impacted Ibid The Project will also contribute additional tax revenues and other City funds to help offset additional police service costs FIA p 6 3 Schools The Project will contribute additional students at all grade levels to the Temecula Valley Unified School District TVUSD but this will be offset by offering two new school sites Draft EIR p 3175to 3176 Aisc recent changes in school financing laws indicate that payment of developer impact fees or their equivalent in facilities represents full and complete mitigation under CEQA Ibid 4 Recreation The Project will provide 248 acres of new developed parkland to serve project residents and the community at large DEIR p 3157 In addition the proposed Project will provide private recreational facilities and passive open space for Project residents Ibid The Project will provide 131321 in additional revenues to the Temecula Community Services District TCSD compared to additional costs of 115523 FIA p 6 8 5 Library Services At Project buildout property taxes and other user based revenues will provide approximately 603052 annually to the City for library services to offset annual operating costs This will assure there are no significant impacts on library services DEIR p 3186 FIA p 6 accordingly no further conditions of approval or mitigation measures will be required to respond to the Projects demand for services 6 Medical Services The Project will incrementally increase the need for hospital and paramedic services however no significant impacts to medical services were identified DEIR p 3187 7 Roads Project residents will place additional demands on local and regional roads DEIR p 3189 However the Project and its attendant CFD will provide for the construction of a number of critical improvements of local and regional roadways intersections and traffic signals In addition the Project will provide additional funds to the City and County through increased property and gasoline taxes to help fund road maintenance FIA pp 67 RResos2002Resos 02111 22 8 Government Upon annexation the Project will provide additional funds to the City in the form of increased sales taxes subventions and other taxes to help fund governmental services FIA p 5 After buildout the proposed Project will provide estimated recurring revenues totaling 1338571 and will generate service costs of 1279312for an annual surplus of 59259 Ibid Therefore the proposed Project will not produce any significant impacts related to general government services Ibid 9 With the standard conditions and uniform codes as part of the Projects design features as well as implementation of the above mitigation measures potential impacts to public services will be reduced to less than significant and will have positive impacts to the City DEIR p 3190 Utilities A Potential Significant Impact 1 Water Project residents will increase the consumption of water provided by the Eastern Municipal Water District EMWD by 133 million gallons per day DEIR p 3 191 The EMWD expects to be able to serve the Project by the construction of various on and offsite pipelines and other improvements DEIR p 3193 2 Sewer Project residents will increase the generation of wastewater collected and treated by the Eastern Municipal Water District EMWD by 611500 gallons per day DEIR p 3169 The EMWD expects to be able to serve the Project by the construction of various on and offsite pipelines and other improvements DEIR p 3198 3 ElectricityNatural Gas The Project will consume 36940 kilowatthours per day of electricity and 464667 cubic feet per day of natural gas DEIR p 191 Edison International and the Southern California Gas Company have indicated they can serve the Project DEIR pp 3203 3204 4 Solid Waste At buildout the Project will generate approximately 13 tons per day of waste DEIR p 3205 which can be disposed of at existing County facilities Ibid B Finding Implementation of the following mitigation measures will reduce impacts to public services to less than significant C Mitigation Measures 1 Water a Prior to the recordation of maps the developer wiII demonstrate that water in adequate volume and of adequate quality is available to serve project startup through completion and full occupancy per requirements of the Eastern Municipal Water District and Rancho California Water District as applicable b The developer has provided the City with adequate documentation from the local water purveyors EMWD and RCWD that they have adequate water supplies according to the requirements of SB 221 and SB 610 RResos2002Resos 02111 23 2 Sewer a The developer shall install reclaimed water piping for irrigating the two private recreational facilities the public park sites and ali common landscaped areas on the project site to the satisfaction of the Temecula Community Services and Public Works Departments 3 ElectricityNatural Gas None proposed 4 Solid Waste a Prior to the issuance of occupancy permits the developers will inform all refuse generators within the project site in writing about opportunities for recycling and waste reduction ie buyback centers curbside recycling etc The use of such facilities will be encouraged by the developer through information eg materials accepted locations etc provided in sales literature b Prior to the issuance of building permits the developer will provide adequate areas for collecting and loading recyclable materials recycling areas in the commercial and multifamily residential areas This will help the City comply with the California Solid Waste Reuse and Recycling Access Act of 1991 AB 1327 The developer wilt also demonstrate compliance with established standards for design siting and operation of recycling areas and programs c All commercial wastes shall be processed at the Materials Recovery Facility in the City of Perris or similar recovery facility d The developer shall provide proof to TCSD that construction debris including but not limited to lumber asphalt concrete sand paper and metal is recycled through the Citys solid waste hauler D Facts in Support of the Finding The Project will consume additional water electricity and natural gas and generate additional wastewater and solid waste However local serving agencies indicate they have adequate resources to serve the Project and thus no significant impacts are expected DEIR p 3197 3 200 3203 3204 3205 3207 Scientific Resources A Potential Significant Impact Although a site survey revealed no surficial archaeological artifacts the Temecula Valley has yielded amhaeological resources in the past DEIR p 3229 In addition certain local geologic formations have yielded paleontological resources in the past and the Project site contains some of these formations Ibid Based on the above information the Project site could yield scientific resources during grading Draft EIR p 3230 RResos2002Resos 02111 24 B Finding implementation of the following mitigation measures will reduce impacts related to cultural resources to less than significant C Mitigation Measures 1 Prior to the issuance of a grading permit the developer shall retain an archaeologicalpaleontological monitor to observe onsite grading including excavated soil stockpiles especially in areas where Pauba or unnamed Sandstone formations are disturbed for evidence of paleontological archaeological or historical artifacts eg shells fossils bones pottery charcoal deposits arrowheads etc If any artifacts are discovered during grading work will be halted and qualified personnel will be retained to examine evaluate and determine the most appropriate disposition of the resources 2 Prior to the issuance of a grading permit the developer shall enter into an agreement with the local Native American NA Pechanga Band to allow for up to 2 NA representatives to monitor all groundbreaking and grading activities This effort will be coordinated through the archaeological monitor to the satisfaction of the City Planning Department 3 If human remains are found and determined by the County Coroners office to be Native American and it is determined by the Native American Heritage Commission that members of the Pechanga Band are the most likely descendants the Developer shall allow reburial of the remains and associated goods within the project boundaries to be capped to prevent further disturbances in the future The site of such burial shall not be disclosed to the public pursuant to Government Code 6254 Details of the reburial shall be negotiated between the Developer and the Pechanga Cultural Resources Committee 4 If human remains are found and not determined by the County Coroners office to be Native American but believed by the Pechanga Band to be so the Developer shall be required to pay reasonable costs to determine whether the remains are Native American 5 All Luiseno cultural items and associated grave goods found on site other than human remains are to be avoided relocated salvaged returned to the Pechanga Band or any other option decided by the Pechanga Band to be appropriate before development of the area in which the item was found is to resumed 6 The Developer shall provide for tribal archaeological monitors to be present during any Phase II and potential Phase III surveys of all sites within the project D Facts in Support of the Finding 1 Although the Project area is considered sensitive for archaeological and paleontological resources no such resources were found on the Project site during a walkover survey Draft EiR p 3230 In addition qualified personnel will be onsite to monitor grading in case such resources are discovered DEIR p 3230 2 In addition the Projects potential impacts will not be cumulatively considerable provided the County and City continue to require archaeological surveys and mitigation as part of its development approval process Draft EIR p 69 Through the RResos2002Resos 02111 25 implementation of the above mitigation measures potential impacts to scientific resources will be less than significant DEIR p 3231 Section 2 Findinqs Significant Unavoidable Impacts of the Project A Despite incorporating changes and alterations into the Project four environmental categories were found to have dLrect unavoidable and significant adverse environmental effects The following direct environmental impacts were found to be significant in the EIR 1 loss of agricultural land 2 transportation and circulation 3 air quality and 4 aesthetics The potential impacts were concluded to be significant because the impacts could not be reduced below thresholds of significance by the proposed Project changes and mitigation measures In addition the EIR found that growth in the area would have cumulatively considerable impacts on traffic noise air quality and water consumption The following discussion outlines the four direct significant unavoidable impact categories of the Project and describes both the anticipated effects of the Project as well as the mitigation measures designed to minimize them to the degree feasible Agriculture A Significant Unavoidable Impact The Project site has supported agriculture for many decades and is classified as locally important farmland in the Temecula General Plan and contains prime agricultural soils according to the federal Natural Resources Conservation Service DEIR pp 316 to 317 B Finding Conversion of the site to suburban uses will eventually eliminate all agricultural activities on the site There is no effective mitigation other than precluding its development which would not achieve the overall goals of the project C Mitigation Measures No mitigation is therefore recommended D Facts in Support of the Finding Loss of agricultural activities on the site is unavoidable if the site is converted to suburban uses This is therefore a significant unavoidable impact of the Project DEIR p 321 Transportation and Circulation A Significant Unavoidable Impact 1 Existing traffic levels in the vicinity of the Project site are relatively Iow and most intersections in the immediate area are operating at acceptable Levels of Service LOS except some intersections near the Temecula Mall DEIR p 360 at buLIdout the Project will generate 28165 vehicle trips As the Project builds out it will cause the LOS at the intersections of the 115 southbound ramps at Rancho California Road Winchester Road at Margarita Road to exceed City standards by 2007 In addition the intersections of the 115 RResos2002Resos 02111 26 southbound ramps at Winchester Road Ynez Road at Winchester Road and Ynez Road at Rancho California Road will exceed City LOS standards with or without the project at buildout These intersections represent a significant traffic impact DEIR p 397 2 Continuing development in the surrounding area is expected to produce significant traffic impacts Therefore the Project will make a significant contribution to cumulative traffic impacts Ibid B Finding The following mitigation measures will help reduce traffic and circulation related impacts to the greatest degree practical C Mitigation Measures The following mitigation measures will be imposed upon the developer in the event the statutory development agreement which is anticipated to be entered into between the City and the developer is not entered into or if entered into is deemed unenforceable by a court of competent jurisdiction prior to either party tendering substantial performance of its obligations under the Development Agreement In the event the Development Agreement is executed by the parties and not judicially deemed unenforceable then the mitigation measures described in Section 3 Traffic and Circulation 31 hereunder will be rejected by this City Council and replaced with those provisions regarding traffic as are set forth in the Development Agreement and the conditions of approval applied to each development entitlement arising under the Actions Functionally and not withstanding anything to the contrary the developer shall pay all required fair share payments and make all identified improvements at the time and of the nature required by the FEIR City shall aggregate the fair share payments and shall rather than retain the incremental portions of the various fair share components consolidate the monies and apply them to public projects that will result in the full improvement of certain specified intersections It is believed that the immediate improvement of the intersections identified in Section 3 Traffic and Circulation b d and e will bring a greater public benefit than will the retained incremental economic contributions toward future improvements This alternative mitigation measure program is believed to provide a greater level of traffic mitigation at the present while not substantially impairing the future development of the remaining intersections at the time traffic demand warrants the improvements At such time the City of Temecula will fund on it own account the necessary traffic and circulation improvements 1 The following shall be used to implement the mitigation measures in this section a all proposed road improvements shall include associated flood control storm drain water and sewer lines b all references to bridges shall mean hydroarch bridges or other designs as approved by the City Engineer c fullwidth improvements shall consist of the complete street and landscape improvements with the rightofway d halfwidth improvements shall consist of the construction of the improvements from curb to the raised landscaped median the fullwidth raised landscaped median where applicable and a travel lane adjacent to the median on the unimproved half e on center improvements shall mean 1 a 38width improvement consisting of two 14 travel lanes and a 10 turn lane or 2 a 40 width improvement consisting of two 14 travel lanes and a 12 turn lane RResos 2002Resos 02111 27 2 Prior to the issuance of building permits for each phase the developer or the CFD must construct the improvements identified in Table 1 The City reserves the right to withhold building permits in excess of those indicated until the mitigation measures necessary to improve the Level of Service to LOS D or better are completed for each phase of development except the following five intersections that will exceed City standards even without project related traffic a 115 southbound ramps at Winchester Road b 115 southbound ramps at Rancho California Road c the intersection of Ynez Road at Winchester Road d the intersection of Ynez Road at Rancho California Road and e the intersection of Margarita Road at Winchester Road However the developer is still responsible to comply with the mitigation measures for the improvement of the above five intersections The developer andor CFD will be responsible for acquiring rightofway where necessary for any required onsite and offsite improvements The City will require additional or supplemental traffic studies prior to approval of future tentative tract maps If these studies confirm that area intersections are operating below LOS D or otherwise pose an unsafe condition from project traffic then the developer shall be responsible for mitigating these conditions in addition to the mitigation measures already identified in the EIR in general the supplemental traffic studies will a document ambient traffic volume conditions b estimate trip generation for the particular development phase and c assess traffic conditions with the traffic added by the particular development phase The exact study area to be addressed in each of the traffic studies should be defined through discussions with the City Traffic Engineer In general the study area should include the immediate access intersections and roadways which would serve the new development phase and those critical offsite intersections and roadways that will provide primary access to the new development Critical intersectionsroadways are defined as those facilities that are experiencing high levels of peak period traffic congestion at the time the traffic study is to be performed The traffic study determinations would assist the City in proactively planning for area roadway improvements NOTE The proposed improvements and their phasing are summarized in the attached Table 1 3 The developer must make a fair share contribution towards the improvement of the following intersections identified in Table 2 The City reserves the right to withhold building permits in excess of those indicated until the mitigation measures necessary to improve the Level of Service to LOS D or better are completed for each phase of development except the following five intersections that will exceed City standards even without project related traffic a 115 southbound ramps at Winchester Road b 115 southbound ramps at Rancho California Road c the intersection of Ynez Road at Winchester Road d the intersection of Ynez Road at Rancho California Road and e the intersection of Margarita Road at Winchester Road However the developer is still responsible to comply with the mitigation measures for the improvement of the above five intersections The developer andor CFD will be responsible for acquiring rightofway where necessary for any required onsite and offsite improvements Additional or supplemental traffic shall be conducted studies prior to approval of future tentative tract maps If these studies confirm that area intersections are operating below LOS D or otherwise pose an unsafe condition then the developer shall be responsible for mitigating these conditions in addition to the mitigation measures already identified in the EIR RResos2002Resos 02111 28 In general the supplemental traffic studies will a document ambient traffic volume conditions b estimate trip generation for the particular development phase and c assess traffic conditions with the traffic added by the particular development phase The exact study area to be addressed in each of the traffic studies should be defined through discussions with the City Traffic Engineer In general the study area should include the immediate access intersections and roadways which would serve the new development phase and those critical offsite intersections and roadways that will provide primary access to the new development Critical intersections and roadways are defined as those facilities that are experiencing high levels of peak period traffic congestion at the time the traffic study is to be performed The traffic study determinations would assist the City in proactively planning for area roadway improvements NOTE The proposed improvements and their phasing are summarized in the attached Table 2 4 When the appropriate warrants are met the developer will contribute a fair share contribution towards the installation of traffic signals and related intersection improvements at a Butterfield Stage Road at La Serena Way and b Meadows Parkway at La Serena Way 5 Prior to approval of the street improvement plans the developer shall demonstrate that the sight distance at each of the project entrances meets City and Caltrans standards to the satisfaction of the City Engineer 6 Prior to the approval of the tentative tract maps for Planning Areas 17 18 and 19 the streets shall be designed to provide safe horizontal and vertical alignments including special considerations to speed control on steep grades 7 A General Plan Amendment to the Circulation Element is being approved for the following a the designation of Calle Contento as a Principal Collector Road is recommended to be deleted within the project site and b the designation of Buttedieid Stage Road as an Specific Plan Road 122 rightofway from Murrieta Hot Spring Road to Nicolas Road c the designation of North and South Loop Roads as Specific Plan Roads 76 rightof way and d the designation of A and B street as Collector Roads 66 rightofway 8 Prior to approval of development plans for Planning Area 11 the developer shall provide pedestrian and bicycle facilities in this area to the satisfaction of the City Planning Department 9 Prior to issuance of any building permit for Planning Areas 10 11 12 14 31 33A or 33B the developer shall provide and construct 50 designated ParkNRidespaces in Planning Area 11 10 Prior to the first building permit in Phase 2 the developer shall fund operation of a shuttle bus service to and from the project The developer shall pay the RTA to operate the shuttle bus service for a period of 3 years for project residents but may be expanded to serve areas outside of the project on a fair share basis This measure shall be implemented to the satisfaction of the Planning Director and RTA 11 Prior to tentative tract map approval in each phase the developer shall coordinate with the RTA to incorporate transitrelated facilities and design features into the project to the satisfaction of the City Public Works Department RResos2002Resos 02111 29 12 In conjunction with constructing Nicolas Road offsite in Phase 1 the developer shall install a 6foot wide asphalt path along the north side of Nicolas Road This path shall be built to the satisfaction of the Temecula Community Services and Public Works Departments The asphalt path shall be extended from 450 feet east of the Nicolas RoadCalle Girasol intersection to the bridge over Santa Gertrudis Creek during Phase 2 13 Prior to issuance of the grading permits andor building permits the developer shall provide the City with a letter stating that all contractors will be prohibited from using Nicolas Road for constructionrelated traffic 14 Prior to tentative map approval for Planning Area 19 the 15foot wide multiuse trail within a 30footfuel modification zone shall be designated to be screened from offsite homes on an as needed basis Screening shall be accomplished through the use of either landscaping or topography to the greatest extent feasible However the primary goal of this trail is to provide access to the trail from adjacent onsite and offsite lots D Facts in Support of the Finding 1 Even with implementation of all these mitigation measures two intersections will still exceed City standards as a result of Project traffic through year 2007 but it is anticipated that the full scope of improvements at project build out will conform all intersections to City standards Therefore the Project will still have significant traffic impacts even after implementation of all feasible mitigation measures DEIR p 397 Air Quality A Significant Unavoidable Impact 1 Temporary or shortterm emissions will occur during construction of the Project approximately 2000 to 2005 Such emissions include onsite generation of dust and equipment exhaust and offsite emissions from construction employee commuting andor trucks delivering building materials Ibid Evaporative emissions of volatile organic compounds from paints asphalt and other coatings will also be generated and will exceed SCAQMD significance levels DEIR p 3108 2 SCQAMD daily significance thresholds will also be exceeded for CO ROC NOx and PM10 DEIR p 3111 however the mobile nature of the onsite construction equipment and offsitetrucks will prevent any violation of CO standards in the immediate Project area DEIR p 3111 B Finding The following measures are recommended to reduce potential shortterm constructionrelated and longterm operational air quality impacts to the greatest extent feasible C Mitigation Measures 1 Prior to the issuance of grading permits the developer will submit a Dust Control Plan DCP to the City consistent with SCAQMD guidelines These requirements apply to offsite as well as onsite improvements The DCP will include activities to reduce onsite and offsite dust production Such activities will include but are not limited to RResos2002Resos 02111 30 a Throughout grading and construction activities exposed soil will be kept moist through a minimum of twice daily watering to reduce fugitive dust b Street sweeping will be conducted as needed alone paved site access roadways to remove dirt dropped by construction vehicles or dried mud carried off by trucks moving dirt or bringing construction materials Site access driveways and adjacent streets will be washed if there are visible signs of any dirt trackout at the conclusion of any workday c All trucks hauling dirt away from the site will be covered to prevent the generation of fugitive dust d During high wind conditions ie wind speeds exceeding 25 mph areas with disturbed soil will be watered hourly sprayed with chemical binders or activities on unpaved surfaces will be terminated until wind speeds no longer exceed 25 mph Chip sealing access roads if needed Hydroseeding exposed soil surfaces Chemical binders or surfactants to water During the construction phase of the project if the measures identified in the DCP are not implemented as proposed the City shall halt construction until such time as the situation is corrected to the satisfaction of the Public Works Department 2 Prior to the issuance of grading and building permits the developer will document to the City that appropriate construction equipment has had tuneups or equivalent work to assure Iow NOx emissions These requirements apply to offsite as well as onsite improvements This documentation must be provided prior to the commencement of any work on any equipment anticipated to be used for more than 30 days In addition the developer shall encourage the use of alternative fuels eg compressed natural gas on construction vehicles and equipment All diesel equipment and vehicles must be equipped with particulate filters and use only Iow sulfur fuels less than 15 ppm sulfur content 3 Prior to the issuance of grading and building permits the developer will document to the City that all workers have been encouraged to carpool and workers will be informed in writing These requirements apply to offsite as well as onsite improvements 4 Prior to the issuance of building permits individual contractors will submit a Traffic Management Plan to the Public Works Department that includes but is not limited to a scheduling receipt of construction materials to nonpeak travel periods ie 730 830 AM and 400 600 PM b routing construction traffic through areas of least impact sensitivity c limiting lane closures and detours to offpeak travel periods d staging areas away from existing residential uses and e staging areas away from existing residential uses RResos2002Resos 02111 31 5 In addition to these measures to control constructionrelated emissions the Mitigation Measures portion of the Transportation and Circulation section of this document Section 5 above includes several transportation system managementtransportation demand management TSMTDM measures to help reduce longterm operationallyrelated air quality impacts including a shuttle bus transit node and design for alternative transportation options D Facts in Support of the Finding 1 Due to the size and nature of the project its construction and occupancy will generate amounts of air pollutants that will exceed SCAQMD thresholds DEIR pp 3108 3111 While implementation of the proposed mitigation will help reduce pollutant emissions they are not likely to reduce them to less than significant levels DEIR p 3115 2 Future development will contribute to incremental increases in air pollution over the longterm ie as units are occupied as a result of vehicular traffic and energy consumption Draft EIR p 67 According to CEQA Guidelines Section 15064I3 a lead agency may determine that a Projects incremental contribution to a cumulative effect is not cumulatively considerable if the Project will comply with the requirements in a previously approved plan or mitigation program which provides specific requirements that will avoid or substantially lessen the cumulative problem within the geographic area in which the Project is located Ibid In this case a Projects cumulative impact can be mitigated to a level of less than significant by compliance with SCAQMDs AQMP guidelines Ibid Aesthetics A Significant Unavoidable Impact 1 As the Project builds out the surrounding rural neighborhoods will presented with views of suburban housing Draft EIR pp 3214to 3217Inaddition lighting for the athletic fields at the community park will introduce new sources of light and glare to the Project site and surrounding areas and roads Ibid These are considered significant aesthetic impacts on the rural Nicolas Valley and Temecula Wine Country areas Ibid B Finding The following mitigation measures will help reduce potential aesthetic impacts to the greatest degree practical C Mitigation Measures 1 The developer will submit all architectural and landscape design plans along with plant material palettes to the City for review and approval prior to the issuance of building permits in conformance with the approved Specific Plan 2 Prior to approval of the tentative tract map or Development Plan whichever is applicable for Planning Area 31 a 25foot building setback consisting of a landscaped buffer zone or an internal street or driveway shall be provided along the north and west boundary of Planning Area 31 If one or both of the schools are built prior to approval of the tentative map or the Development Plan for Planning Area 31 and an equivalent buffer as determined by the Planning Director is provided on the school sites the developer may request the City to reduce or eliminate the buffering requirement RResos 2002Resos 02111 32 3 The Community Services Director shall review and approve the sports field lighting during design development 4 The City will evaluate the commercial center lighting for potential offsite impacts prior to the issuance of building permits for Planning Area 11 The lighting in these areas will be adequately shielded or directed to minimize offsite impacts to the satisfaction of the Planning Director 5 The developer shall submit plans for ruraloriented lighting for Planning Areas 1426 30 and 31 These plans are subject to review and approval by the City Community Development and Public Works Departments No final maps will be approved until the lighting plan is approved 6 The Master developer shall provide prospective homebuyers with notice that the community sports park will include sports field lighting for evening use Proof of the notification shall be provided to the Planning Director prior to the recordation of the final map 7 Prior to recordation of final maps or issuance of a grading permit the developer shall submit plans to the Planning Department for Planning Areas 10 12 and 14 through 17 for those uses adjacent to the AD 161 SHCP open space areas of sufficient scale and detail for City staff to review potential lighting impacts on the open space areas The developer shall make any changes to the plans including reduction in the amount or placement of streetlights night lighting fencing etc to preclude light spilling into the habitat areas Review of plans for possible changes to street lighting shall be coordinated with the City Public Works Department D Facts in Support of the Finding 1 The only effective way of eliminating aesthetic impacts of the Project ie views and night lighting would be to substantially reduce the density of the project and eliminate the night lighting at the community park According to the developer the Project density is needed to fund its various local and regional improvements and the night lighting is needed for youth sports to make effective use of the community park Therefore construction of the Project as proposed including the recommended mitigation measures will result in significant aesthetic impacts Draft EIR p 3219 Cumulative Impacts The Project was found to have potentially significant cumulative impacts on 1 traffic 2 air quality 3 noise and water consumption Even with implementation of alt feasible mitigation measures for this Project its contributions to cumulative impacts cannot be mitigated to a level of less than significant DEIR pp 66 to 69 Facts in Support of the Finding The projects contribution to loss of agricultural land on a regional basis is cumulatively considerable ie significant The DEIR concluded that development throuqhout the reqion includinqthe proposed proiectl could have cumulatively considerable impacts to 1 traffic 2 air quality 3 noise 4 water consumption and 5 loss of agricultural land However the Roripaugh project will mitigate its contributions to these cumulative impacts to the greatest degree practical except for loss of agricultural land The project will use reclaimed water when RResos2002Resos 02111 33 it is available and has received SB 221 and SB 610 certifications from the local water suppliers Therefore the project has mitigated its water use impacts to the greatest degree practical ie less than significant project impacts too The projects aesthetic impacts are not cumulatively considerable but are individually significant on a project level due to its location and the proposed sports field lights at the community park Section 3 Statement of Overriding Considerations The City Council hereby finds that despite the incorporation of mitigation measures outlined in the Draft EIR the following impacts cannot be fully mitigated to a less than significant level and a Statement of Overriding Considerations is therefore included herein A This section of the findings addresses the requirements in Section 15093 of the California Environmental Quality Act Guidelines Section 15093 requires the lead agency to balance the benefits of a proposed project against its unavoidable significant impacts and to determine whether the Project related significant impacts are acceptably overridden by the Project benefits As outlined in Section 2 above the Project would produce direct unavoidable significant impacts in four environmental categories 1 loss of agricultural land 2 transportation and circulation 3 air quality and 4 aesthetics It will also make contributions to cumulatively considerable impacts related to traffic air quality noise and water consumption B The City Councils findings set forth in the preceding sections have identified all of the adverse environmental impacts and the feasible mitigation measures which can reduce impacts to less than significant levels where feasible or to the lowest achievable levels where significant unavoidable impacts remain These impacts and mitigation measures are discussed in Section 1 and 2 of this document With the implementation of the mitigation measures discussed in the EIR and administrative record these effects can be mitigated to a level of less than significant except for unavoidable significant impacts as discussed in Section 2 C The findings have also analyzed three action alternatives but of a total of seven alternatives to determine whether they are reasonable or feasible alternatives to the proposed action or whether they might reduce or eliminate the unavoidable significant impacts of the proposed action These significant impacts have been outlined in Section 4 and the City Council finds that all feasible alternatives and mitigation measures have been adopted or identified for implementation by the City or Responsible Agencies D The Council finds that the Projects benefits are substantial and outweigh the unavoidable adverse environmental effects to air quality Agriculture Transportation and aesthetics and cumulative impacts associated with the Project This finding is supported by the fact that major infrastructure improvements will benefit the community through improvements to flood control facilities fire protection improvements to the local water system and road improvements affecting the whole community Moreover the Project site will now be managed where currently no management occurs greatly benefiting the property as well as the surrounding community Moreover the Project will add a high quality development with diverse housing opportunities The Council finds that these benefits and others set forth above when balanced against the four unavoidable significant adverse impacts outweigh the impacts because of the social and economic values which accrue to the community E The City Council hereby declares that to the extent any mitigation measures recommended in the EIR could not be incorporated such mitigation measures are infeasible because they would impose restrictions on the Project that would prohibit the realization of specific economic social and other benefits that this Council finds outweigh the unmitigated impacts The City Council further finds that except for the Project all other alternatives set forth in the EIR are infeasible because they would prohibit the realization of Project objectives andor RResos2002Resos 02111 34 of specific economic social and other benefits that this City Council finds outweigh any environmental benefits of the alternatives F The City Council hereby declares that having reduced the adverse significant environmental effects of the Project to the extent feasible by adopting the proposed mitigation measures having considered the entire administrative record on the Project and having weighed the benefits of the Project against its unavoidable adverse impacts after mitigation the City Council has determined that the following social economic and environmental benefits of the Project outweigh the potential unavoidable adverse impacts and render those potential adverse environmental impacts acceptable based upon the following overriding considerations TRAFFIC AND CIRCULATION 1 The Project will provide various regional and local roadway improvements that will be installed by the developer or funded through the Community Facilities District and that are beyond the Projects fair share contributions are substantial and outweigh the significant traffic impacts of the project 2 The Project will provide various traffic signals and intersection improvements that exceed its fair share contributions in this regard and earlier than currently proposed which therefore outweigh the identified significant traffic impacts at several local intersections 3 The Project will construct the following intersection improvements selected by the City for early completion and in lieu of its fair share contributions to area intersections as identified in Section 6 and 7 below a If warranted bonds shall be posted to secure traffic signal and intersection improvements prior to recordation of final maps with construction complete prior to issuance of building permits b North General Kearney Road at Nicolas Road to be constructed by the 1st building permit in accordance with the ultimate lane configurations Northbound N General Kearney Rd 1 Through Lane 1 Right Turn Lane ii Southbound N General Kearney Rd 1 Shared Left Through Right Turn Lane iii Eastbound Nicolas Rd 1 Left Turn Lane 2 Through Lanes 1 Right Turn Lane iv Westbound Nicolas Rd 1 Left Turn Lane 2 Through Lanes 1 Right Turn Lane c Pourroy Road and Murrieta Hot Springs Road to be constructed by the 400th building permit d Winchester Road at Nicolas Road to be constructed by the 510th building permit in accordance with the ultimate lane configurations RResos2002Resos 02111 35 i Northbound Winchester 2 Left Turn Lanes 4 Through Lanes 1 Free Right Turn Lane ii Southbound Winchester 2 Left Turn Lanes 4 Through Lanes 1 Right Turn Lane iii Eastbound Nicolas Road 1 Left Turn Lane 1 Through Lane 1 Right Turn Lane iv Westbound Nicolas Road 3 Left Turn Lanes 1 Through Lane 1 Right Turn Lane Butterfield Stage Road at Rancho California Road by the 510th building permit i Northbound BSR 1 Left Turn Lane 2 Through Lanes ii Southbound BSR 1 Left Turn Lane 2 Through Lanes iii Eastbound RCR 2 Left Turn Lanes 2 Through Lanes iv Westbound RCR 1 Left Turn Lane 2 Through Lanes f Murrieta Hot Springs Road at Butterfield Stage Road to be constructed by the 510th building permit building permit Nicolas Road at Butterfield Stage Road to be constructed by the 510th building permit Calle Chapos at Buttedield Stage Road to be constructed by the 510th i Traffic signals may be required as warranted at the two other project entrances from Murrieta Hot Springs Road located to the east and west of the Pourroy Road main project entrance j The Developer shall execute an agreement with the City to contribute a fair share portion of the total construction costs for traffic signals at the following percentages v 58for the traffic signal at 1215Freeway Southbound Ramps at Murrieta Hot Springs Road including southbound left turn lane southbound right turn lane eastbound through lane eastbound right turn lane westbound through lane and westbound free right turn lane vi Undetermined percentage for the lane improvements at Murrieta Hot Springs Road and Alta Murrieta in the City of Murrieta including improvements to be specified vii 124 for the traffic signal at Murrieta Hot Springs Road and Margarita Road RResos2002Resos 02111 36 viii 111 for the traffic signal at Murrieta Hot Springs Road and Winchester Road k If warranted bonds shall be posted to secure traffic signal and intersection improvements prior to recordation of final maps with construction complete prior to issuance of building permits I The following intersections fair share contributions are deemed satisfied by the completion of the intersection improvements in Section 3 4 and 5 above i 115 Freeway southbound ramps at Rancho California Road southbound left turn lane westbound free rightturn lane eastbound free right turn lane and southbound free rightturn lane ii Ynez Road at Winchester Road southbound rightturn overlap iii Ynez Road at Rancho California Road eastbound through lane iv Butteriield Stage Road at Rancho California Road traffic signal v 115 Freeway southbound ramps at Winchester Road southbound leftturn lane southbound rightturn lane westbound free rightturn lane rightturn lane westbound through lane eastbound through lane and eastbound free rightturn lane vi Traffic signal and related intersection improvements as warranted at the intersection of La Serena and Meadows Parkway vii 115 Freeway northbound ramps at Winchester Road northbound leftturn lane northbound free rightturn lane westbound through lane and westbound free rightturn lane viii I 15 Freeway southbound ramps at Rancho California Road southbound leftturn lane southbound eastbound and westbound free rightturn lanes ix 115 Freeway northbound ramps at Rancho California Road northbound leftturn and rightturn lanes x Ynez Road at Winchester Road southbound leftturn lane southbound rightturn overlap and eastbound leftturn lane xi Ynez Road at Rancho California Road westbound leftturn lane westbound rightturn lane southbound through lane southbound free fight turn lane eastbound free rightturn lane and eastbound through lane xii Margarita Road at Rancho California Road northbound and southbound through lanes southbound rightturn lane eastbound leftturn lane eastbound rightturn overlap westbound leftturn lane northbound rightturn lane and westbound right turn overlap xiii Calle Contento at Rancho California Road eastbound leftturn lane eastbound through lane westbound leftturn lane and westbound through lane RResos2002Resos 02111 37 m In addition Butterfield Stage Road between Murrieta Hot Springs road and the northern project boundary will not be constructed since the construction of this segment will not connect to an existing road BIOLOGICALRESOURCES 1 The Project will dedicate 201 acres for the longterm maintenance of habitat as its part of the Assessment District 161 SubRegional Habitat Conservation Plan 2 The Project will improve Long Valley Wash so as to provide for enhanced wildlife movement through the area 3 The Project will provide over 10 acres of new andor restored ie revegetated biological habitat onsite including riparian and wetland areas along Santa Gertrudis Creek and the Long Valley Wash WATER RESOURCES 1 The Project will provide for needed flood control improvements along these critical stretches of Santa Gertrudis Creek and Long Valley Wash and help protect downstream properties from historical flooding which substantially exceeds its fair share contribution in this regard 2 The Project will provide for the longterm maintenance of proposed flood control facilities to minimize additional cost to the City for protecting offsite properties from historical flooding 3 The Project will construct a new water distribution system onsite and connect to areawide water service system of the Eastern Municipal Water District 4 Without the Project the existing uncontrolled drainage will continue to occur FIRE PROTECTION 1 The Project will provide a site and funding for a new fire station for the Temecula Fire Department 2 The Project will significantly improve existing emergency and commercial access to the local community thereby allowing increased access for fire control services to the Project site and surrounding area SCHOOLS 1 The Project will make available a new 12acre elementary school site to the Temecula Valley Unified School District 2 The Project will make available a new 20acre middle school site to the Temecula Valley Unified School District FISCAHOUSING 1 The Project will facilitate the formation of a Community Facilities District CFD to fund needed public improvements such as roads drainage bridges fire station landscaping RResos 2002Resos 02111 38 intersections and traffic signals at a minimum cost of approximately 333 million including roads such as Butterfield Stage Road Murrieta Hot Springs Road etc 2 The Project will pay off an estimated 835000 left in the AD 161 fund through formation of the CFD 3 The Project will facilitate the formation of a master Homeowner Association HOA to maintain the onsite landscaped and open space areas not already maintained by the County or its designee for habitat under the AD 161 SHCP program 4 The Project will enhance and increase available housing choices in the area by providing additional housing types through the provision of approximately 2015 singiefamily residential units 5 The Project will augment the Countys economic base through increased property taxes gasoline tax sales taxes subventions and other taxes At full buildout the Project will provide estimated recurring revenues totaling 1338571 versus service costs of 1279312resulting in an annual surplus of 59259 Fiscal Impact Assessment September 2002 6 The Project will increase employment during the shortterm from such jobs as construction landscaping and salesrelated jobs and during the longterm from such jobs as maintenance security various onsite office uses and increase retail sales of goods in the Temecula area 7 The Project will increase property values in the area through development of a series of gated communities throughout the Project Private roads and landscaped medians on nonarterial roads will be maintained by the private Homeowners Association without cost to the general public RECREATION 1 The Project will provide benefits to the community through the construction of a 51acreneighborhood park and a 198acrecommunity sports park to meet a portion of its 287 acres of parkland required under the Quimby Act 2 The Project will provide two private recreational facilities on 91 acres for Project residents in addition to the public parks thereby reducing the demand on public facilities and providing the balance of the 287acres of parkland required under the Quimby Act 3 The Project will create an interconnected system of sidewalks and trails to allow pedestrians bicyclists and equestrians efficient nonvehicular access through the project site SCIENTIFIC RESOURCES 1 The Project will provide benefit to the community through the documentation and curation of any notable archaeological andor paleontological material that may be discovered during excavation and grading of the site Without such actions such archaeological andor paleontological resources would be unrecognized RResos 2002Resos 02111 39 SUMMARY The City Council hereby declares that the foregoing benefits provided to the public through approval and implementation of the Project outweigh the identified significant adverse environmental impacts of the Project which cannot be mitigated The City Council finds that the Project benefits outweigh the unavoidable adverse environmental effects identified in the EIR and therefore finds those impacts to be acceptable Section 4 Alternatives The California Environmental Quality Act CEQA requires discussion of a reasonable range of project alternatives that could feasibly attain the projects objectives 14 CCR 15126fCEQA requires that an EIR evaluate a reasonabie range of alternatives to the Project or to the location of the Project which 1 offer substantial environmental advantages over the Project proposal and 2 may be feasibly accomplished in a successful manner within a reasonable period of time considering the economic environmental social and technological factors involved The purpose in analyzing alternatives to a proposed project is to determine if an alternative is capable of eliminating or reducing potential significant adverse environmental effects even if these alternatives would impede to some degree the attainment of the Project objectives or would be more costly 151266 A The Draft EIR identified the Citys objectives for the proposed Roripaugh Ranch Specific Plan Project which are to provide 1 a masterplanned community 2 a variety of housing options 3 be sensitive to natural features 4 provide unifying themes within the community 5 provide a variety of major public improvements 6 provide backbone infrastructure for the site and surrounding area 7 be consistent with the Citys goals and policies 8 minimize impacts to surrounding residents public services and utilities and 8 neighborhood commercial uses DEIR p 220 The EIR considered a total of seven alternatives to the proposed action which were examined in detail as follows Alternative Locations 1 The alternative that considered another location was eliminated from detailed analysis In the process of preparing the EIR it was necessary to consider possible alternative locations to the proposed Project to ascertain whether potential significant impacts could be reduced below a significant level Assuming that development would occur on a comparable area and with the same uses same general density and same intensity no alternative site could be found which could feasibly reduce or eliminate the unavoidable significant impacts of a comparable project The California Supreme Court ruled that a feasible alternative must take into account economic factors including whether a property is owned or can be reasonably acquired by the Project proponent Citizens of Goleta Valley et al v City Council 1990 52 Cal3d 553 Draft EIR p 724 In addition the Court ruled that it is not necessary to consider alternative sites when the proposed Project is in accordance with an approved regional planning framework such as the Riverside County General Plan Ibid 2 The EIR concluded that based on the outcome of the Goleta II case under the circumstances a more thorough discussion of an alternative site for the Project was not necessary DEIR p 724 Further the EIR concluded that for the unavoidable significant impacts of the Project on air quality demographics schools and traffic an alternative location would differ very little from those of the proposed Project DEIR p 724 Also the Alternative Sites alternative is infeasible because the developer does not own or control any other large RResos2002Resos 02111 40 parcels of vacant land in the area and the proposed Project was developed specifically for this site so it is likely the Project as proposed could not be reasonably moved or developed on some other site DEIR p 724 For these reasons the Draft EIR determined that no feasible alternative sites exist Finding 1 The Council finds that the conclusion in the EIR regarding an alternative location for the proposed Project was properly eliminated from further detailed consideration because no alternative project site can feasibly meet the objectives established for the proposed Project The Council also finds that no alternative location is capable of eliminating or reducing the identified significant effects of the proposed action Therefore no alternative location offers substantial environmental advantages over the proposed Project and the City Council rejects this alternative because such locations are considered environmentally infeasible This concludes the discussion of the alternative that was eliminated from further consideration A discussion of the five alternatives given detailed consideration follows NoAction Alternatives Evaluated in Detail A No Project No Development Alternative 0 units 1 Under this alternative much of the 8047 acres of private property would remain in agricultural use ie vacant DEIR pp 77 78 The City Council finds that although the No Project No Development alternative is the environmentally superior alternative to the proposed Project it is infeasible because it fails to meet Project objectives 2 Under the No Project No Development alternative all significant Project specific impacts will be avoided assuming that the site remains undeveloped DEIR pp 77 78 However since the property is currently designated for residential development it can reasonably be anticipated that another residential development project would be submitted in the future if the proposed Project is not approved Future development of any residential project for the site would likely result in environmental impacts similar to those of the proposed Project DEIR p 78 Notwithstanding these future speculations the No Project No Development alternative as described in the Draft EIR would result in less impacts to the environment than the proposed Project Ibid Therefore it is an environmentally superioralternativeIbidHoweverthisalternativedoesnotmeettheProjectsobjectivesof developing a residential project consistent with the General Plan land use designation for the site Ibid Aisc this alternative does not meet the Project objectives regarding providing a variety of quality housing opportunities providing backbone public infrastructure etc DEIR p 723 Therefore the City Council finds that the No Project No Development alternative is infeasible because it fails to meet Project objectives and rejects it Active Alternatives Evaluated in Detail Alternative 1 AgricultureClustered Development 472 units Alternative 1 would cluster Iowmedium density suburban housing along the south side of Murrieta Hot Springs Road and along both sides of Butterfield Stage Road The remaining portions of the property that were not within Santa Gertrudis Creek or an improved Long Valley Wash would remain for agricultural use 380 acres This alternative would eliminate significant all of the significant impacts associated with the proposed Project ie loss of agricultural land air quality traffic and aestheticsDEIR p 725 and lighted sports facilities RResos2002Resos 02111 41 The City Council finds that Alternative 1 fails to meet Project objectives as compared to the Project With the proposed modifications the Projects impacts and density are only slightly reduced from those of the proposed Project The City Council finds that Alternative 1 is less feasible because it does not meet Project objectives to the same degree as the proposed Project such as the ability to fund the various major public improvements eg parks schools roads and the provision of lighted sports facilities Alternative 2 Reduced Intensity 1131 units Alternative 2 would eliminate all the medium density residential uses and distribute Iow and Iow medium density housing throughout the site This alternative would reduce impacts of the proposed Project related to traffic and aesthetics to less than significant levels although impacts to agriculture and possibly air quality would remain The City Council finds that Alternative 2 is environmentally superior to the proposed Project but is not feasible because it fails to meet many of the Project objectives including the ability to fund the various major public improvements eg parks schools roads and lighted sports facilities Alternative 3 Rural Density 166 units Alternative 3 would limit development to rural densities 25 and 5acre lots on the entire property This alternative would eliminate all significant environmental impacts of the project except loss of agricultural land However it would not provide enough units to support formation of a CFD to finance the planned major improvements The City Council finds that Alternative 3 is environmentally superior to the proposed Project but is not feasible because it fails to meet Project objectives and rejects it Environmentally Superior Alternative State CEQA Guidelines Section 151266subdivision e requires a discussion of the No Project alternative Ibid However the State CEQA Guidelines stipulate that if the No Project alternative is the environmentally superior alternative then the EIR shall also identify an environmentally superior alternative among the other alternatives State CEQA Guidelines Section 151266 subd e2 Alternatives 1 2 and 3 are all considered by the Draft EIR as environmentally superior to the proposed Project Ibid These alternatives eliminate two or more significant impacts of the Project Ibid For these reason the Draft EIR determined that Alternatives 1 2 and 3 are considered environmentally superior alternatives to the proposed Project DEIR p 716 However none of the alternatives contain enough units to support a CFD to fund necessary regional road improvements Therefore the City Council rejects all of the alternatives in favor of the proposed Project Section5 Growth Inducing Impacts State CEQA Guidelines Section 15126 requires the evaluation of growthinducing impacts of a proposed project This discussion must address ways the Project could encourage economic and population growth and construction of additional housing either directly or indirectly DEIR p 61 The proposed Project is somewhat growth inducing as it introduces utilities roads etc into areas that are currently vacant or support rural residential uses A The City Council finds that the foregoing benefits provided to the public through approval and implementation of the Specific Plan outweigh the identified significant adverse environmental impacts of the Specific Plan which cannot be mitigated The City Council further finds that each of the Specific Plan benefits outweighs the unavoidable adverse environmental effects identified in the Draft EIR and therefore finds those impacts to be acceptable Each of the benefits listed above standing alone is sufficient justification for the City Council to override these unavoidable environmental impacts RResos 2002Resos 02111 42 B The City Council finds that it has reviewed and considered the Final EIR in evaluating the Specific Plan that the Final EIR is an accurate and objective statement that fully complies with the CEQA State CEQA Guidelines and the Citys local CEQA Guidelines and that the Final EIR reflects the independent judgment of the Council Section 6 Certification The City Council hereby certifies the Environmental Impact Report based on the following findings and conclusions A Findings Section 2 includes impacts of the project as identified in the DEIR that cannot be mitigated to a level of insignificance even after the imposition of mitigation measures B Conclusions 1 All significant environmental impacts from implementation of the Specific Plan have been identified in the Draft EIR and with implementation of the mitigation measures identified will be mitigated to a level of insignificance except for those impacts listed in Section 6 above 2 Other reasonable alternatives to the Specific Plan which could feasibly achieve the basic objectives of the Specific Plan have been considered and rejected in favor of the Specific Plan 3 Environmental economic social and other considerations and benefits derived from the development of the Specific Plan override and make infeasible any alternatives to the Specific Plan or further mitigation measures beyond those incorporated into the Specific Plan Section 7 Adoption of a Mitigation Monitoring and Reporting Program A The City Council hereby adopts the Mitigation Monitoring and Reporting Program attached to this Resolution as Exhibit A In the event of any inconsistencies between the mitigation measures as set forth herein and the Mitigation Monitoring and Reporting Program the Mitigation Monitoring and Reporting Program shall control Section 8 Location of Records A The documents and materials that constitute the record of proceedings on which these Findings have been based are located at the City of Temecula 43200 Business Park Drive Temecula California 92590 The custodian for these records is the City of Temecula Planning Director This information is provided in compliance with Public Resources Code section 210816 RResos2002Resos 02111 43 Section 9 of Temecula this 26th day of November 2002 AIIET STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA PASSED APPROVED AND ADOPTED by the City Council of the City Ron Poberts Mayor I Susan W Jones CMC City Clerk of the City of Temecula California do hereby certify that Resolution No 02111 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 26th day of November 2002 by the following vote AYES 5 COUNCILMEMBERS Comerchero Naggar Pratt Stone Roberts NOES 0 COUNCILMEMBERS None ABSENT 0 COUNCILMEMBERS None ABSTAIN 0 COUNCILMEMBERS None City Clerk RResos 2002Resos 02111 44 TABLE 1 PHASE 1 Planning Areas 14B 6 and 32 Onsite Prior to issuance of the 34t building permit the following improvements shall be completed 1 Secondary Access Provide secondary access limited to rightturns only from Planning Areas lA 2 or 4A to Murrieta Hot Springs Road Prior to issuance of the 108t building permit the following improvements shall be completed 2 Butterfield Stage Road Construct halfwidth improvements from Murrieta Hot Springs Road to the south project boundary at Planning Area 32 including construction of two fullwidth bridges within and over Santa Gertrudis Creek and Long Valley Wash 3 Butterfield Stage Road Dedicate fullwidth rightofway from the northern project boundary to Murrieta Hot Springs Road 4 Murrieta Hot Springs Road Construct fullwidth improvements from east of Pourroy Road at the northern project boundary to the MWD pipeline properly 5 Murrieta Hot Springs Road Construct halfwidth improvements from the MWD pipeline property to Butterfield Stage Road 6 Nicolas Road Offer a dedication for a 110 rightofway from Buttedield Stage Road to the west project boundary 7 Nicolas Road Construct halfwidth from Butterfield Stage Road to the western project boundary 8 South Loop Road Construct halfwidth in front of fire station Planning Area 32 Prior to issuance of the 400 building permit the following improvements shall be completed 9 A Street Construct fullwidth from Murrieta Hot Springs Road to Butterfield Stage Road 10 B Street Construct fullwidth improvements from Nicolas Road to A Street 11 North Loop Road Construct a fullwidth bridge over and within Santa Gertrudis Creek and connect the bridge to Butterfield Stage Road with full width improvements 12 Traffic Signals Construct traffic signals and related intersection improvements as warranted at a Murrieta Hot Springs Road and Pourroy Road and b All project entrances on Murrieta Hot Springs Road RResos2002Resos 02111 45 Offsite Prior to the issuance of the 108 building permit the following improvements shall be completed Nicolas Road Construct 40 width on center improvements from the western project boundary to 450 east of the existing Nicolas RoadCalle Girasol intersection Secondary Access The required secondary access for the Plateau area shall be provided by one of the following options If Nicolas Road is designated as the secondary access route the following improvements shall be completed Construct 40 width on center improvements from 450 feet east of the existing Nicolas Road Calle Girasol intersection to Liefer Road including the full width bridge structure over and within Santa Gertrudis Creek ii Realign existing Calle Girasol to its ultimate intersection with Nicolas Road including rightofway acquisition If Calle Chapos from Butterfield Stage Road to Walcott Lane and Calle Girasol from Walcott Lane to the existing Nicolas Road Calle Girasol intersection is designated as secondary access the following improvements shall be completed Calle Chapos from Butterfield Stage Road to Walcott Lane Construct 38 width improvements on center to existing pavement ii Calle Girasol from Walcott Lane to the existing Nicolas RoadCalle Girasol intersection Construct 38 width on center improvements as required by the City Fire Chief and City Engineer including rightofway acquisition on Calle Girasol from Walcott Lane to the existing Nicolas RoadCalle Girasol intersection If Butterfield Stage Road from the southern project boundary to Rancho California Road is designated as secondary access construct half width improvements from the southern project boundary at Planning Area 32 to Rancho California Road excluding any existing improvements PHASE 2 Planning Areas 10 11 12 14 24 27 31 33A and 33B Prior to the issuance of any building permit in Phase 2 the following improvements must be completed Onsite Butterfield Stage Road Construct remaining halfwidth improvements from Murrieta Hot Springs Road to 550 south of the intersection of Buttedield Stage Road and Nicolas Road RResos2002Resos 02111 46 2 Butterfield Stage Road Construct or bond for grading and fullwidth improvements from the northern project boundary to Murrieta Hot Springs Road Murrieta Hot Springs Road Construct remaining halfwidth improvements from the MWD pipeline property to Butterfield Stage Road North Loop Road Construct fullwidth improvements from the bridge structure at North Loop RoadSanta Gertrudis Creek crossing to the Long Valley Wash Bridge structure at South Loop Road South Loop Road Construct the full width bridge structure crossing Long Valley Wash and construct full width street improvements from this bridge to Butteffield Stage Road Nicolas Road Construct remaining improvements from Butterield Stage Road to western project boundary Traffic signal Construct traffic signals and related intersection improvements as warranted at the intersections of Murrieta Hot Springs Road at Butterield Stage Road Butterfield Stage Road at North Loop Road and Buttedield Stage Road at South Loop Road Offsite Butterfield Stage Road Construct remaining halfwidth improvements from 550 south of the intersection of Butterfield Stage Road and Nicolas Road to the south project boundary at Planning Area 32 Butterfield Stage Road Construct full width improvements from the southern project boundary at Planning Area 32 to Rancho California Road excluding any existing improvements Nicolas Road Construct 40 width improvements from 450 feet east of the existing Nicolas RoadCalle Girasol intersection to Liefer Road including the full width bridge structure over Santa Gertrudis Creek Calle Girasol and the Nicotas Road Catle Girasol intersection Realign existing Calle Girasol to its ultimate intersection with Nicolas Road including rightofway acquisition Calle Chapos Construct 38 width on center improvements from Butterfield Stage Road to the existing paved terminus at Calle Girasol RResos2002Resos 02111 47 TABLE 2 PHASE 1 prior to issuance of 1sI building permit in Planning Areas 14B 6 and 32 115 Freeway southbound ramps at Rancho California Road southbound left turn lane cuthwestbound free rightturn lane and eastbound free right turn lane and southbound free riqhfturn lane 1215 Freeway southbound ramps at Murrieta Hot Springs Road southbound leftturn lane southbound rightturn lane eastbound through lane eastbound rightturn lane westbound through lane and westbound free rightturn lane 3 Ynez Road at Winchester Road southbound rightturn overlap 4 Ynez Road at Rancho California Road eastbound through lane 5 North General Kearny Road at Nicolas Road traffic signal 6 Butterfield Stage Road at Rancho California Road traffic signal Murrieta Hot Springs Road at Alta Murrieta Drive in the City of Murrieta lane improvements as yet undetermined The developer shall provide the City of Temecula with a letter from the City of Murrieta stating that a fair share contribution to identified improvements at this intersection has been made PHASE 2 prior to issuance of 1 t building permit in Planning Areas 10 12 14 24 27 28 29 30 31 33A and 33B 115 Freeway southbound ramps at Winchester Road southbound leftturn lane southbound rightturn lane cctwestbound free riqhtturn lane rightturn lane westbound through lane eastbound through lane and eastbound free rightturn lane Traffic signal and related intersection improvements as warranted at the intersection of La Serena and MeadowsParkway 115 Freeway northbound ramps at Winchester Road northbound leftturn lane northbound free rightturn lane westbound through lane and westbound free rightturn lane I 15 Freeway southbound ramps at Rancho California Road southbound leftturn lane southbound eastbound and westbound free rightturn lanes 115 Freeway northbound ramps at Rancho California Road northbound leftturn and rightturn lanes Ynez Road at Winchester Road southbound leftturn lane southbound rightturn overlap and eastbound leftturn lane Ynez Road at Rancho California Road westbound leftturn lane westbound rightturn lane vw u southbound through lane southbound free fight turn lane eastbound free rightturn lane and eastbound through lane RResos 2002Resos 02111 48 Margarita Road at Winchester Road eastbound leftturn lane southbound rightturn lane westbound rightturn lane and southbound rightturn overlap Margarita Road at Rancho California Road northbound and southbound through lanes southbound rightturn lane eastbound leftturn lane eastbound rightturn overlap westbound leftturn lane northbound rightturn lane and westbound right turn overlap 10 Margarita Road at Murrieta Hot Springs Road northbound shared leftthrough lane eastbound through lane and westbound through lane 11 Winchester Road at Nicolas Road northbound leftturn lane northbound free right turn ane westbound leftturn lane northbound through lane southbound leftturn lane southbound through lane and eastbound rightturn overlap nd wostbcund oft 12 Winchester Road at Murrieta Hot Springs Road northbound through lane southbound through lane and westbound through lane 13 Butterfield Stage Road at Rancho California Road northbound leftturn lane northbound through lane southbound leftturn lane southbound through lane eastbound leftturn lane eastbound through lane westbound leftturn lane and westbound through lane 14 Calle Contento at Rancho California Road eastbound leftturn lane eastbound through lane westbound leftturn lane and westbound through lane RResos2002Resos 02111 49 These improvements shall be constructed and the developer shall provide appropriate fair share contributions to these improvements as shown below PROJECT FAIR SHARE CONTRIBUTIONS Project Percent of New Roadway NS Intersection EW Traffic AM PM 1215 Freeway SB Ramps Murrieta Hot Springs Road 44 58 1215 Freeway NB Ramps Murrieta Hot Springs Road 73 68 115 Freeway SB Ramps Winchester Road 32 57 Rancho California Road 57 68 115 Freeway NB Ramps Winchester Road 24 49 Rancho California Road 78 100 Ynez Road Winchester Road 45 56 Rancho California Road 62 59 Margarita Road Murrieta Hot Springs Road 114 124 Winchester Road 111 112 La Serena Way 66 74 Rancho California Road 56 64 Winchester Road Murrieta Hot Springs Road 111 93 Nicolas Road 101 123 N General Kearny Road Nicolas Road 186 183 Meadows Parkway La Serena Way 305 221 Rancho California Road 286 236 Butterfield Stage Road Murrieta Hot Springs Road 232 242 Nicolas Road 397 357 Calle Chapos 295 258 La Serena Way 208 190 Rancho California Road 213 191 Calle Contento Rancho California Road 103 113 Alta Murrieta Drive Murrieta Hot Springs Road TBD TBD City of Murrieta TBD to be determined based on fair share calculations Source Table 61 from Urban Crossroads November 2001 as shown in Table 358 from 2nd Revised DEIR N31367docEIRSOCFindings5doc RResos2002Resos 02111 50 EXHIBIT A FOR ATrACHMENT 1 MITIGATION MONITORING AND REPORTING PROGRAM RResos2002Resos 02111 51 Z