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HomeMy WebLinkAbout15-065 CC Resolution RESOLUTION NO. 15-65 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION WITH THE ADOPTION OF THE UPTOWN JEFFERSON SPECIFIC PLAN THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 . Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Uptown Jefferson Specific Plan ("Specific Plan") has been initiated and prepared on behalf of the City of Temecula. The Specific Plan area is approximately 2.3 miles long and encompasses approximately 560 acres. The Specific Plan area is located north of Rancho California Road, west of Interstate 15, south of Cherry Street, and east of Diaz Road. The Specific Plan area is divided into six zoning ' districts: Uptown Center District, Uptown Hotel/Tourism District, Uptown Sports/Transit District, Uptown Arts District, Creekside Village District and the Murrieta Creek Recreation and Open Space District. In addition, there are two overlay zones: Creekside Village Commercial Zone and the Wilder Hills Residential Overlay Zone. It is projected that approximately 5.5 million square feet of new development could be constructed in the Specific Plan area within twenty years. This includes approximately 1.7 million square of feet of commercial development, 315 new hotel rooms and 3,726 new residential dwelling units. B. The adoption of the Specific Plan also includes a General Plan Amendment, a Zoning Code Amendment to add the Specific Plan area, a Zoning Map Amendment to change the zoning classification of the properties located within the Specific Plan area, and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone (collectively referred to as the "Project'). C. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code § 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs. § 15000 et seq. (collectively referred to as "CEQA"). Pursuant to CEQA, the City is the lead agency for the Specific Plan, as the public agency with both general governmental powers and the principal responsibility for implementing the Specific Plan, 1 Resos 15-65 1 D. On June 2, 2013, in accordance with CEQA Guideline Section 15082, the ' City published a Notice of Preparation ("NOP") of a Draft Environmental Impact Report ("Draft EIR") and circulated it to governmental agencies, organizations, and persons that may be interested in the proposed Project. The NOP requested that comments on the topics to be analyzed in the Draft EIR for the proposed Project be submitted to the City by July 12, 2013. E. In response to the NOP, the City received written comments from various individuals and organizations. These comment letters assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR. F. On June 27, 2013, in accordance with CEQA Guidelines Section 15082(c)(1), the City held a public scoping meeting to obtain comments from interested parties on the scope of the Draft EIR. G. The City's consultants thereafter prepared, in accordance with State CEQA Guidelines Section 15168, a Draft EIR for the proposed Project (State Clearinghouse Number 2013061012). H. Upon completion of the Draft EIR in March 2015, the City initiated a public comment period by filing a Notice of Completion with the State Office of Planning and Research on April 1 , 2015. The public comment period commenced via the State Clearing House from April 2, 2015 through May 18, 2015. A Notice of Completion and ' Recirculation of a Draft EIR was also sent to adjacent property owners indicating a review period of May 19, 2015 through July 6, 2015. Copies of the documents have been available for public review and inspection at the City of Temecula Community Development Department, Planning Division, located at 41000 Main Street; the Temecula Public Library located at 30600 Pauba Road; the Temecula Grace Mellman Community Library located at 41000 County Center; the City of Temecula website; and the Envision Jefferson Avenue website. The City also published a Notice of Availability for the Draft EIR on on April 4, 2015 in the San Diego Union-Tribune, a newspaper of general circulation in the City. I. In response to the Draft EIR, written comments were received from various agencies, individuals, and organizations. The City responded to all written comments. Those comments and the responses thereto are included as part of the Final Environmental Impact Report/Response to Comments document ("Final EIR"). The Final EIR consists of the Draft EIR, Comments and Responses to Comments, the Mitigation Monitoring and Reporting Program, and the Errata listing changes made to the Draft EIR in response to comments. J. Pursuant to Public Resources Code section 21092.5, the City provided its responses to all persons, organizations, and agencies who commented on the Draft EIR. ' K. On October 21, 2015 and November 4, 2015, at duly noticed public hearings as prescribed by law, the Planning Commission considered the proposed Resos 15-65 2 Project and any comments received prior to or at the public hearings, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project and the EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 15-26 recommending that the City Council certify the Final EIR prepared for the proposed Project, adopt Findings pursuant to the California Environmental Quality Act, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the proposed Project. The Planning Commission also adopted Resolution No. 15-27, thereby recommending that the City Council take various actions, including adopting General Plan Amendment, Zoning Code and Zoning Map amendments related to the approval of the proposed Project. L. Section 15091 of the State CEQA Guidelines requires that the City, before approving a project for which an EIR is required, make one or more of the following written finding(s) for each significant effect identified in the EIR accompanied by a brief explanation of the rationale for each finding: 1 . Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR; or, 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or, 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. M. Section 15093 of the State CEQA Guidelines requires that if a project will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts. N. Environmental impacts identified in the Final EIR that are found to be less than significant and do not require mitigation are described in Section III and IV of Exhibit A to this Resolution. Exhibit A, Findings and Facts in Support of Findings, is hereby incorporated by reference as if set forth in full herein. Resos 15-65 3 O. Environmental impacts identified in the Final EIR that are found to be less ' than significant through the imposition of mitigation are described in Section V of Exhibit A to this Resolution. P. Environmental impacts identified in the Final EIR as potentially significant but which cannot be fully mitigated to a less than significant level despite the imposition of all feasible mitigation measures are described in Section VI of Exhibit A to this Resolution. Q. Alternatives to the proposed Project that might eliminate or reduce significant environmental impacts are described in Section VII of Exhibit A. of this Resolution. R. A discussion of the proposed Project benefits identified by City staff and a Statement of Overriding Considerations for the environmental impacts that cannot be fully mitigated to a less than significant level are set forth in Exhibit B to this Resolution, which is hereby incorporated by reference as if set forth in full herein. S. Public Resources Code section 21081.6 requires the City to prepare and adopt a Mitigation Monitoring and Reporting Program for any project for which mitigation measures have been imposed to ensure compliance with the adopted mitigation measures. The Mitigation Monitoring and Reporting Program is attached to this Resolution as Exhibit C, and is hereby incorporated by reference as if set forth in full ' herein. T. On November 17, 2015, the City Council of the City of Temecula considered the proposed Project including the Specific Plan, the General Plan Amendments, the Zoning Code Amendments and Zoning Map Amendment, and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone the Draft EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The City Council considered all the testimony and any comments received regarding the proposed Project, the Draft EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations prior to and at the public hearing. SECTION 2. Substantive Findings. The City Council of the City of Temecula, California does hereby: A. Declare that the City Council has independently considered the administrative record before it, which is hereby incorporated by reference and which includes the Final EIR, the written and oral comments on the Draft EIR, staff reports and responses to comments incorporated into the Final EIR, and all testimony related to environmental issues. ' B. Determine that the Final EIR fully analyzes and discloses the potential impacts of the proposed Project, and that those impacts have been mitigated or avoided Resos 15-65 4 to the extent feasible for the reasons set forth in the Findings attached hereto as Exhibit ' A, with the exception of those impacts found to be significant and unmitigable as discussed therein. C. Declare that 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 City Council finds the Final EIR is an accurate and objective statement that fully complies with CEQA, State CEQA Guidelines and the City's local CEQA Guidelines. 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 proposed Project and related actions. The City Council further finds that the additional information provided in the staff reports, in comments on the Draft EIR, the responses to comments on the Draft EIR, and the evidence presented in written and oral testimony does not constitute new information requiring recirculation of the Draft EIR or additional review of the Final EIR under CEQA. None of the information presented has deprived the public of a meaningful opportunity to comment upon a substantial environmental impact of the proposed Project or a feasible mitigation measure or alternative that the City has declined to implement. The minor modifications to the Final EIR do not require adiditonal public review because there has not been a substantial increase in the severity of any environmental impacts. ' SECTION 3. Certification of the Final EIR. The City Council hereby certifies the Final EIR as being in compliance with CEQA. The City Council further adopts the findings pursuant to CEQA as set forth in Exhibit A attached hereto and incorporated herein by reference; adopts the Statement of Overriding Considerations as set forth in Exhibit B attached hereto and incorporated herein by reference; and adopts the Mitigation Monitoring and Reporting Program attached hereto as Exhibit C and incorporated herein by reference. The City Council further determines that all of the findings made in this Resolution (including Exhibit A) are based upon the information and evidence set forth in the Final EIR and upon other substantial evidence that has been presented at the hearings before the Planning Commission and the City Council, and in the record of the proceedings. The City Council further finds that each of the overriding benefits stated in Exhibit B, by itself, would justify proceeding with the proposed Project despite any significant unavoidable impacts identified in the Final EIR or alleged to be significant in the record of proceedings. SECTION 4. The City Council hereby imposes as a condition on the proposed Project each mitigation measure specified in Exhibit C, and directs City staff to implement and to monitor the mitigation measures as described in Exhibit C. SECTION 5. Custodian of Records. The City Clerk of the City of Temecula is the custodian of records, and the documents and other materials that constitute the ' record of proceedings upon which this decision is based are located at the Office of the City Clerk, City of Temecula, 41000 Main Street, Temecula, California 92590. This information is provided in compliance with Public Resources Code Section 21081.6. Resos 15-65 5 SECTION 6. Severabilitv. The City Council hereby declares that the provisions ' of this Resolution are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Resolution to be invalid, such decision shall not affect the validity of the remaining parts of this Resolution. SECTION 7. Certification and Effective Date. The City Clerk shall certify to the adoption of this Resolution which shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 17th day of November, 2015. Le Jeff Comerchero, Mayor ATTES W Randi Jo , City Clerk [SEAL] 1 Resos 15-65 6 STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 15-65 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 17th day of November, 2015, by the following vote: AYES: 5 COUNCIL MEMBERS: Edwards, McCracken, Naggar, Rahn, Comerchero NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk Resos 15-65 7 ' EXHIBIT A Findings and Facts in Support of Findings I. Introduction. The California Environmental Quality Act, Public Resources Code § 21000, et seq. ("CEQA")and the State CEQA Guidelines, 14 Cal. Code Regs. § 15000, et seq.(the"Guidelines") provide that no public agency shall approve or carry out a project for which an environmental impact report has been certified that identifies one or more significant effects on the environment caused by the project unless the public agency makes one or more of the following findings: A. Changes or alterations have been required in, or incorporated into,the project, which avoid or substantially lessen the significant environmental effects identified in the Program Environmental Impact Report(EIR). B. Such changes or alterations are within the responsibility of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. C. Specific economic, social,or other considerations make infeasible the mitigation measures or ' project alternatives identified in the Program EIR.t Pursuant to the requirements of CEQA, the City Council of the City of Temecula hereby makes the following environmental findings in connection with the proposed Uptown Jefferson Specific Plan, the General Plan Amendment,a Zoning Code Amendment to add the Specific Plan area, a Zoning Map Amendment to change the zoning classification of the properties located within the Specific Plan area, and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone(the"Project"), as more fully described in the Final Program EIR. These findings are based upon written and oral evidence included in the record of these proceedings, comments on the Draft Program EIR and the written responses thereto, and reports presented to the Planning Commission and the City Council by City staff and the City's environmental consultants. II. Project Objectives. As set forth in the Program EIR, objectives that the City of Temecula seeks to achieve with this Project(the"Project Objectives")are as follows: A. Create a vibrant locale by providing a mix of land uses including housing,commercial/retail, office, higher education institutions, hotels and other tourist-oriented uses, cultural uses,and open space and recreational opportunities. Cal.Pub.Res.Code§21081: 14 Cal.Code Regs. § 15091. A-1 ' B. Strengthen opportunities for economic development in the Specific Plan area by building upon existing assets as well as encouraging new public and private investment in the area that attracts high-wage, quality employment opportunities and higher education facilities. C. Establish a distinct identity for the Specific Plan area by beautifying Jefferson Avenue and making it"Temecula's Great Street." D. Identify and establish interrelated, compatible districts and neighborhoods with their own unique identities. E. Develop a signage strategy for wayfinding, neighborhood/district identification, and gateway monumentation that emphasizes the distinct character of the area's location, natural setting,and built environment. F. Create a form-based code to guide future development that allows greater density, increased building heights, design standards for architecture,street character and public realms,and Flexible urban parking standards. G. Establish an efficient and interconnected multi-modal mobility network through circulation and transit improvements, including the French Valley Interchange, Overland Drive Extension, Rancho Way Extension,Jefferson Avenue Streetscape Beautification, and working with Regional Transit Authority(RTA)on the siting of a new transit center. ' H. Enhance bicycle and pedestrian mobility in the Specific Plan area through the development of human-scaled streets, blocks, and alleys as well as incorporating public plazas and providing links with open spaces and recreational amenities. 1. Ensure that new development in the Specific Plan area is adequately served by utilities. III. Effects Determined to be Less Than Significant/No Impact in the Initial Study The City of Temecula conducted an Initial Study in May 2013 to determine significant effects of the Project. In the course of this evaluation certain impacts were found to be less than significant due to the inability of a project of this scope to create such impacts or the absence of project characteristics producing effects of this type. The following issue areas were determined not to be significant for the reasons set forth in the Initial Study and were not analyzed in the EIR: (A)Agriculture and Forest Resources; (B) Mineral Resources; and(C) Recreation. Impacts related to the following issue areas were found to be potentially significant and were studied in the Program EIR: (A) Aesthetics; (B) Air Quality; (C) Biological Resources; (D)Cultural Resources; (E)Geology and Soils, (F) Greenhouse Gas Emissions and Climate Change; (G) Hazards and Hazardous Materials; (H) Hydrology and Water Quality; (1) Land Use and Planning; (J)Noise; (K) Population and Housing; (L) Public Services; (M) Transportation and Traffic ; and(N) Utilities and Services A-2 A. On June 6, 2013, in accordance with CEQA Guideline Section 15082, the City published a Notice of Preparation(NOP)of a Draft EIR and circulated it to governmental agencies, organizations, and persons that may be interested in the Project, including land owners, tenants, and business owners within the boundaries of the Uptown Jefferson Specific Plan, and land owners and tenants located within 600 feet of the Specific Plan boundaries. The NOP requested comments by July 12, 2013. On June 27, 2013, in accordance with CEQA Section 21083.9 of the State CEQA Guidelines, the City sponsored a public scoping meeting to obtain comments from interested parties on the scope of the Draft EIR. Comments received on the NOP included: the scope of traffic impact analysis and potential traffic impacts; scope of the air quality and greenhouse gas emissions analyses; impacts to public services and utilities, including the adequacy of water supply for the Project; impacts to Native American cultural resources and outreach with the Native American tribes in the area; impacts to biological resources, including consideration of the Project's proximity to Murrieta Creek and its location within the Western Riverside County Multiple Species Habitat Conservation Plan area; and consistency with local and regional land use plans, including the Regional Transportation Plan and Sustainable Communities Strategy goals.No comments were received on areas other than those found to be potentially significant in the Initial Study. IV. Effects Determined to be Less Than Significant Without Mitigation in the Program EIR The Draft Program EIR completed in March 2015 found that the proposed Project would have a less ' than significant impact without the imposition of mitigation measures on a number of environmental topic areas. The less than significant environmental impact determination was made for each of the following topic areas listed below, based on the more expansive discussions contained in the Program EIR. A. Greenhouse Gas Emissions and Climate Change 1. The Project would not generate Greenhouse Gas(GHG) emissions, either directly or indirectly,that may have a significant impact on the environment. 2. The Project would not conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of GHGs. B. Land Use and Planning I. The Project would not physically divide an established community. 2. The Project would not conflict with any applicable land use plan, policy,or regulation of an agency with jurisdiction over the Project adopted for the purpose of avoiding or mitigating an environmental effect. 3. The Project would not conflict with any applicable habitat conservation plan or natural community conservation plan. A-3 ' C. Population and Housing I. The Project would not induce substantial population growth in an area, either directly or indirectly. 2. The Project would not displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. 3. The Project would not displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. D. Public Services I. The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or create a need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: • Fire protection; • Police protection; • Schools; • Parks; or • Other public facilities. 2. The Project would not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facilities would occur or be accelerated. 3. The Project would not include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. V. Potentially Significant Environmental Impacts Determined to be Mitigated to a Less Than Significant Level The Draft Program FIR identified the potential for the Project to cause significant environmental impacts in the areas of aesthetics; air quality; biological resources; cultural resources; geology, soils and seismicity; hazards and hazardous materials; hydrology and water quality; noise; transportation and traffic; and utilities and water supply assessment. With the exception of specific impacts to air quality(construction and operations), noise(construction), and cumulative impacts to air quality and A-4 ' cultural resources, discussed in Section VI below, measures have been identified that would mitigate all of the impacts to the topic areas identified above to a less than significant level. The City Council finds that the feasible mitigation measures for the Project identified in the Final Program EIR would reduce the Project's impacts to a less than significant level,with the exception of those unmitigable impacts discussed in Section VI below. The City Council adopts all of the feasible mitigation measures for the Project described in the Final Program EIR as conditions of approval of the Project and incorporates those into the Project, as discussed more fully in Exhibit C. A. Aesthetics I. New Source of Light and Glare The Project has the potential to increase the intensity and density of development throughout the Project area, which could result in increased light and glare sources. In addition, although the Project would be consistent with the Riverside County Ordinance No. 655 and implement measures to reduce light and glare,given the proposed density and intensity of the Project, new development could substantially increase nighttime light sources. As described below, these impacts can be mitigated to less than significant levels. a) Findings ' Changes or alterations have been required in or incorporated into the Project, including the mitigation measure described below,which ensure that the Project's potential light and glare impacts remain less than significant. Mitigation Measure MM-AES-1: The following light and glare standards shall be applied to all future development within the Specific Plan area: • The applicant shall ensure that all lighting fixtures contain"sharp cut-off' fixtures, and shall be fitted with flat glass and internal and external shielding. • The applicant shall ensure that site lighting systems shall be grouped into control zones to allow for opening, closing, and night light/security lighting schemes. All control groups shall be controlled by an automatic lighting system utilizing a time clock, photocell, and low voltage relays. • The applicant shall ensure that design and layout of the site shall take advantage of landscaping,on-site architectural massing, and off—site architectural massing to block light sources and reflection from cars. • Prior to the issuance of construction permits for a project-specific development within the Project area that includes outdoor lighting, the applicant shall submit an outdoor lighting plan and photometric plan to be reviewed and approved by the City of Temecula.The lighting plan shall be in compliance with Ordinance No. 655 as A-5 ' adopted by the Riverside County Board of Supervisors and shall include, but not be limited to,the following information and standards: • Light fixtures shall not exceed 4,050 lumens; • Light fixtures shall be fully shielded so that light rays emitted by the fixtures are projected below the horizontal plan passing through the lowest point of the shield. • A map showing all lamp locations, orientations,and intensities, including security, roadway, and task lighting; • Specification of each light fixture and each light shield; • Total estimated outdoor lighting footprint,expressed as lumens per acre; and • Specification of motion sensors and other controls to be used, especially for security lighting. • The City shall conduct a post-installation inspection to ensure that the site is in compliance with the design standards in Mitigation Measure MM-AES-1 and Riverside County Ordinance No. 655. • The use of highly reflective construction materials on exterior wall surfaces shall be prohibited.The exterior of permitted buildings shall be constructed of materials such ' as high performance tinted non-mirrored glass, painted metal panels and pre-cast concrete or fabricated wall surfaces. b) Facts in Support of Findings The Project will be required to comply with existing Riverside County Ordinance No. 655 requiring lighting to be shielded, directed down to avoid glare onto adjacent properties and emit low levels of glare into the sky. In addition, the Project would discourage large surface parking areas,which can be a primary source of daytime glare, and would increase landscaping throughout the area,which would provide additional shielding from lighting and glare; likely reducing the overall amount of light and glare that is currently produced in the Project area. With the implementation of MM-AES-I (above), potential light and glare impacts associated with the Project will be less than significant. B. Air Quality I. Localized Construction Emissions Future project-level development construction activities associated with the implementation of the Project would not have a significant localized impact when construction activities: I) would require no more than a maximum of six pieces of heavy-duty diesel equipment operating concurrently for eight hours per day; 2) involve no more than a maximum daily A-6 amount of 3,500 cubic yards of dirt handling associated with grading activities; 3) require no more than 10 miles of onsite travel by haul trucks per day; and 4) involve an onsite storage (soil)pile of no more than 0.02 acres. It is possible that project-level development could exceed these construction activity thresholds, resulting in a significant localized air quality impact. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measure described below, to ensure that construction emissions from project-level development are less than significant. Mitigation Measure MM-AIR-3: Prior to City approval of an individual development project that would have the construction equipment and activity listed below,a project- specific LST analysis that identifies the resulting construction emissions shall be prepared using either SCAQMD's LST screening tables(for projects that are less than five acres)or dispersion modeling(for projects that exceed five acres in size) . Where it is determined that construction emissions would exceed the applicable LSTs or the most stringent applicable federal or state ambient air quality standards, the project shall reduce its daily construction intensity(e.g., reducing the amount of equipment used daily, reducing the amount of soil graded/excavated daily,etc.)to a level where the project's ' construction emissions would no longer exceed SCAQMD's LSTs or result in pollutant emissions that would cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standards. • Requires more than a maximum of six pieces of heavy-duty diesel equipment operating concurrently for eight hours per day; • Involves more than a maximum daily amount of 3,500 cubic yards of dirt handling associated with grading activities; • Requires more than 10 miles of on-site travel by haul trucks per day; and, • Involves an on-site storage(soil)pile of more than 0.02 acres. b) Facts in Support of Findings Implementation of the Project could exceed air quality standards during construction if grading activities exceeded certain levels of activity resulting in localized air quality impacts. However, implementation of Mitigation Measures MM-AIR-I a through MM- AIR-I d, and MM-AIR-3 would reduce potential impacts to a less than significant level. 2. Operational Sources of Toxic Air Contaminants As the entire eastern boundary of the Project area is located adjacent to 1-15,there could potentially be new residential uses that would be located within 500 feet of this freeway. A-7 Consequently, the Project could potentially expose sensitive receptors to Toxic Air Contaminants (TACs) from mobile sources on 1-15 to an extent that health risks could result. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measure described below,to ensure that TACs on sensitive receptors located within the Project site are less than significant. Measure MM-AIR-4: Prior to City approval of future project-specific residential developments within the Project area and located within 500 feet of 1-15, a health risk assessment(HRA)shall be conducted to evaluate the health risks to these residential developments associated with TACs from the mobile sources traveling along the portion of 1-15 that is adjacent to the Project area. Based on the findings in the HRA,appropriate measures shall be taken, if necessary, to reduce the cancer risk resulting from TAC- exposure from 1-15 to below 10 in one million for the maximally-exposed individual. These measures may include, but are not limited to, relocating the residential development beyond 500 feet of the freeway or implementation of appropriate Minimum Efficiency Reporting Value(MERV) filters at the residential development. b) Facts in Support of Findings ' Implementation of the Project could expose sensitive receptors to TACs that exceed air quality standards. However, implementation of Mitigation Measures MM-AIR-4 would reduce potential impacts to a less than significant level. C. Biological Resources I. Special Status Species, Sensitive Species, or Candidate Species The proposed Project has the potential to impact special status species within the Uptown Jefferson Specific Plan area. Development occurring as a result of the Project could result in direct and indirect impacts to special-status plants including disturbing or removing the plants or their habitat during construction. Construction equipment could introduce invasive weeds that could out-compete special status plants. All impacts to special status plants would be considered significant. Additionally, impacts to raptors and other migratory birds include direct loss of potential foraging and nesting habitat. Potential impacts to burrowing owl habitat would include loss of foraging and nesting(i.e., burrowing) habitat. Burrowing owls present during grading and other construction related activities have the potential to be killed or displaced through burrow collapse and other impacts. A-8 ' Lastly, future development could result in adverse effects to vernal pools and special-status vernal pool species (fairy shrimp)that may occur in flat,open areas between the developed portions of the Project site and Murrieta Creek. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below,to ensure that the Project's potential impacts to special status species remain less than significant. Mitigation Measure MM-BIO-1: Prior to any ground-disturbing activities for individual development projects,pre-construction clearance surveys shall be conducted in accordance with Section 6.0 of the Multiple Species Habitat Conservation Plan(MSHCP) for special-status plant species in suitable habitat areas that will be subject to ground- disturbing activities.The surveys will be conducted in the appropriate season. All special- status plant species observed shall be marked and afforded a level of protection within 100 feet of the construction footprint, per the terms and conditions of the MSHCP. As appropriate,the special-status or habitats of concern mapping within the construction limits shall be updated. A biologist will provide verification and report through memorandum to the Western Riverside County Regional Conservation Authority(RCA) Monitoring Program Administrator. ' Mitigation Measure MM-BIO-2: Impacts to raptors and other migratory birds shall be avoided by the implementation of one of the following measures: • All construction and ground disturbing activities shall take place outside of the raptor breeding season (February I-August 30). • If construction and ground disturbing activities are necessary during the breeding season (February I-August 30), a focused survey for active nests of raptors and migratory birds shall be conducted by a biologist(a person possessing a bachelors in science with a minimum of one year nest survey experience performing raptor surveys). The survey shall occur a maximum of 14 days prior to any construction or ground-disturbing activities. If active nest(s)(with eggs or fledglings) are identified within the project site,(CDFW for state listed species,species of special concern,and MSHCP covered species; USFWS for birds covered under the Migratory Bird Treaty Act and listed species)they shall not be disturbed until the young have hatched and fledged(matured to a state that they can leave the nest on their own). A 500-foot construction setback from any active nesting location shall be adhered to in order to avoid disturbance of the nest until the young have fledged or the nest has failed,as determined by a qualified biologist. If no active nests are identified, construction may commence. Mitigation Measure MM-BIO-3: Future development that occurs outside of land designated as Developed/Disturbed on Figure 3.3-1 of the Draft FIR,which depicts A-9 vegetation communities within the Project area, shall be surveyed by a qualified biologist (i.e., knowledgeable in burrowing owl biology) using MSHCP approved burrowing owl survey protocols within 30 days prior to construction to determine presence/absence of burrowing owl. If no burrowing owls are identified on the project site during these pre- construction surveys, no additional mitigation is necessary and construction can commence. If burrowing owl(s)are found on-site, the City and RCA will be notified.The following species-specific mitigation actions would be required if burrowing owls are found: Since a burrowing owl is a covered species under the MSHCP, adequate conservation of the species and its habitat are achieved through participation in the MSHCP. Avoidance of the active burrow(s) is the preferred method to reduce potential impacts to burrowing owl to a less than significant level. However, if the Project cannot avoid the active burrow(s), owls within active burrow(s) may be evicted with the use of one-way doors and passively relocated to suitable habitat with natural or artificial burrows within 100 meters of the proposed project site, as regulated by the RCA. If eviction/passive relocation is not feasible,preparing and implementing an active translocation plan, if appropriate and approved by the RCA and CDFW that ' includes identifying a receptor site for the owl(s), may also be acceptable. However, if 3 or more pairs of burrowing owls are observed on 35-plus acres of suitable habitat,onsite conservation of the habitat is required by the MSHCP in accordance with Section 63.2 of the MSHCP Plan. Onsite conservation of habitat will be negotiated between the project applicant and the RCA through a Determination of Biologically Equivalent or Superior Preservation (DBESP)and/or a Habitat Assessment and Negotiation Strategy(HANS)application. Mitigation Measure MM-BIO-4: The specific MSHCP conservation objectives for fairy shrimp shall be met through implementation of the Riparian/Riverine Areas and Vernal Pools Policy presented in Section 6.1.2 of the MSHCP. Prior to City approval of an individual development project located outside of land designated as Developed/Disturbed on Figure 3.3-1, an assessment of the construction footprint shall be conducted to determine whether suitable wetlands or seasonally inundated habitats (vernal pools, stock ponds,ephemeral ponds, impoundments, road ruts,or other human- modified depressions)currently exist within the construction footprint. Wetland mapping assembled as part of that policy shall be reviewed as part of the project review process and, if suitable fairy shrimp habitat is identified on the wetland maps and cannot be avoided, a single-season dry or wet season survey for fairy shrimp species shall be conducted by a qualified biologist in accordance with the sampling methods described in ' the 1996 USFWS Interim Survey Guidelines to Permittees for Recovery Permits under A-10 Section I0(a)(1)(A)of the Endangered Species Act for the Listed Vernal Pool Branchiopods. If survey results are positive,a certain percentage of the occupied portions of the property that provide for long-term conservation value for the fairy shrimp shall be conserved. The MSHCP provides general guidance which suggests ninety percent of the occupied portions of the site shall be conserved and ten percent of the occupied portions allowed for development under the MSHCP; however,the required conservation/impact ratio shall be determined by the RCA on a project-by-project basis. If listed branchiopods are detected, then the following restrictions and protection will be implemented to avoid or minimize impacts to the resource during construction: Seasonal Vernal Pool Work Restriction. For seasonal avoidance of special-status vernal pool branchiopods and vernal pool-dependent species (e.g., western spadefoot toad), the contractor will not work within 250 feet of aquatic habitats suitable for these species(e.g., vernal pools and other seasonal wetlands) from October 15 to June I (corresponding to the rainy season), or as determined through informal or formal consultation with the RCA Monitoring Program Administrator and/or USACE. Ground-disturbing activities may begin once the habitat is no longer inundated for the season. If any work remains to be completed after October 15 exclusion fencing and erosion control measures will be placed at the vernal pools(or other seasonal wetlands) by the contractor under supervision of a biologist. The ' fencing will act as a buffer between ground-disturbing activities and the vernal pools and other seasonal wetlands as determined through consultations with the RCA Monitoring Program Administrator, and/or USACE. The biologist will document compliance with the fencing requirement through a memorandum submitted to the RCA Monitoring Program Administrator. Implement and Monitor Vernal Pool Protection. If temporary impacts can be avoided, the vernal pool(s)will be protected by erecting exclusion fencing. The contractor, under the supervision of the project biologist, will erect and maintain the exclusion fencing. Resource agency consultations with the RCA Monitoring Program Administrator and/or USACE will occur as needed. If vernal pools and/or listed branchiopods are detected,and an avoidance alternative is not feasible,then the following measures shall be implemented: Determination of Biologically Equivalent or Superior Preservation (DBESP). In accordance with Section 6.1.2 of the MSHCP, a DBESP shall be prepared as part of an individual development project approval by the City to ensure replacement of any lost functions and values of habitat as it relates to vernal pools and listed branchiopods. The DBESP shall contain a mitigation strategy, subject to the approval of the RCA, which may contain on-site habitat creation and conservation, or off-site A-11 land acquisition in an approved mitigation bank for vernal pools and listed branchiopods; each is described below. On-site Habitat Creation. Should an avoidance alternative not be feasible,vernal pool basins and watershed shall be created on-site at a replacement ratio of 1:1, subject to the approval of the RCA. If on-site restoration is infeasible, an appropriate off-site location will be selected that exhibits the appropriate vernal pool soil conditions. The required off-site replacement ratio shall be determined by the RCA based on the specifics of the project. Vernal pool restoration sites shall be conserved in perpetuity through a conservation easement, deed restriction, or other appropriate mechanism. Specifications for the creation of habitat and a long-term monitoring program(typically five years, complete with success criteria) shall be included in the DBESP. Off-site Land Acquisition. Should both an avoidance alternative and habitat creation not be feasible,then off-site land acquisition in an approved mitigation bank for vernal pools and listed branchiopods shall be implemented at a replacement ratio of 1:1, subject to the approval of the RCA. The required replacement ratio shall be determined by the RCA on a project-by-project basis. Mitigation through off-site acquisition shall occur by purchasing vernal pool mitigation credits at the Barry )ones(aka Skunk Hollow)Wetland Mitigation Bank. Mitigation Measure MM-13I0-5: Prior to any ground-disturbing activities associated with individual development projects, a biologist shall conduct a visual and acoustic survey for roosting bats according to accepted protocol. The biologist will contact the RCA Monitoring Program Administrator and/or CDF W if any hibernation roosts or active nurseries are identified within the construction footprint.The biologist will submit a memorandum documenting compliance to the RCA Monitoring Program Administrator. Bat Exclusion and Deterrence. During ground-disturbing activities, if individual or groups of bats are found within the construction footprint, the bats shall be safely excluded by either opening the roosting area to change lighting and airflow conditions, or by installing one-way doors, or other appropriate methods specified by the RCA Monitoring Program Administrator and/or CDFW.The contractor will leave the roost undisturbed by project-related activities for a minimum of one week after implementing exclusion and/or eviction activities. The contractor will not implement exclusion measures to evict bats from established maternity roosts.The biologist will submit a memorandum documenting compliance to the RCA Monitoring Program Administrator. b) Facts in Support of Findings Although, implementation of the proposed Project could result in impacts to special status species as discussed above, implementation of Mitigation Measures MM-1310-1 A-12 ' through MM-1310-5 which require pre-construction and construction biological surveys, measures to protect species and habitat if they are encountered,and compliance with the MSHCP, potential impacts to special status species, sensitive species, or candidate species would be minimized to a less than significant level. 2. Impacts to Critical Habitat, Sensitive Vegetation Communities, and Jurisdictional Waters including Wetlands and Riparian Habitat The proposed Project has the potential to impact critical habitat and sensitive vegetation communities within the Jefferson Specific Plan area. a) Findings Changes or alterations have been required in, or incorporated into the Project, including the mitigation measures described below,to ensure that the Project's potential impacts to critical habitat and sensitive vegetation communities remain less than significant. Mitigation: Implement Mitigation Measures MM-1310-1 and MM-13104. b) Facts in Support of Findings Implementation of the Project could result in impacts to vernal pool resources in ' undeveloped portions of the Project area or could affect areas of wetland habitat that exist within the Project boundaries. However, implementation of Mitigation Measures MM- BIO-1 and MM-BI0 4 which require biological surveys and MSHCP vernal pool protection implementation measures would minimize potential impacts to a less than significant level. D. Cultural Resources(Archaeological and Paleontological) 1. Impacts to Archaeological Resources The proposed Project has the potential to impact archaeological resources located within the Uptown Jefferson Specific Plan area.The records search indicated that a total of nine archaeological resources are located within one mile of the Project area. Three(CA-RIV-644, -717, and -1727H)are located within the Project area.Two of these resources(CA-RIV-644 and-717) are prehistoric archaeological sites, and one(CA-RIV-1727H) is a historic-period archaeological site.None have been evaluated for their eligibility for listing in the California Register or local historic register.Therefore,the Project area has moderate to high potential for significant impacts to archaeological resources. a) Findings A-13 Changes or alterations have been required in, or incorporated into the Project, including the mitigation measure described below,to ensure that the Project's potential impacts to archaeological resources remain less than significant. Mitigation Measure MM-CUL-I: Individual development projects or other ground disturbing activities such as installation of utilities, shall be subject to a Phase I cultural resources inventory on a project-specific basis prior to the City's approval of project plans.The study shall be carried out by a qualified archaeologist, defined as an archaeologist meeting the Secretary of the Interior's Standards for professional archaeology, and shall be conducted in consultation with the Pechanga Band of Luiseno Indians.The cultural resources inventory would consist of. a cultural resources records search to be conducted at the Eastern Information Center; scoping with the Native American Heritage Commission(NAHC)and with interested Native Americans identified by the NAHC; a pedestrian archaeological survey where deemed appropriate by the archaeologist;and recordation of all identified archaeological resources on California Department of Parks and Recreation 523 forms. If potentially significant cultural resources are encountered during the survey,the City shall require that the resources are evaluated for their eligibility for listing in the California Register of Historical Resources and for significance as a historical resource or unique archaeological resource per CEQA Guidelines Section 15064.5. Recommendations shall be made for treatment of these resources if found to be significant, in consultation with ' the City and the Pechanga Band of Luiseno Indians. Per CEQA Guidelines Section 15126.4(b)(3), project redesign and preservation in place shall be the preferred means of mitigation to avoid impacts to significant cultural resources, including prehistoric and historic archaeological sites, locations of importance to Native Americans, human remains, historical buildings, structures and landscapes. Methods of avoidance may include, but shall not be limited to, project re-route or re-design, project cancellation, or identification of protection measures such as capping or fencing. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C), if it is demonstrated that resources cannot be avoided, the qualified archaeologist shall develop additional treatment measures,which may include data recovery or other appropriate measures, in consultation with the City and the Pechanga Band of Luiseno Indians. The City shall conduct consultation with the Pechanga Band of Luiseno Indians on a project-specific basis. In addition,the project proponent shall retain archaeological monitors and Native American monitors from the Pechanga Band of Luiseno Indians during ground- disturbing activities that have the potential to impact significant cultural resources as determined by a qualified archaeologist in consultation with the City. During project-level construction, should prehistoric or historic subsurface cultural resources be discovered,all activity in the vicinity of the find shall stop and a qualified archaeologist, in consultation with the Pechanga Band of Luiseno Indians, will be contacted to assess the significance of the find according to CEQA Guidelines Section A-14 15064.5. If any find is determined to be significant,the archaeologist shall determine, in consultation with the City and the Pechanga Band of Luisefio Indians, appropriate avoidance measures or other appropriate mitigation. Per CEQA Guidelines Section 15126.4(b)(3), project redesign and preservation in place shall be the preferred means to avoid impacts to significant cultural resources. Methods of avoidance may include, but shall not be limited to, project re-route or re-design, project cancellation, or identification of protection measures such as capping or fencing. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C), if it is demonstrated that resources cannot be avoided,the qualified archaeologist shall develop additional treatment measures in consultation with the City, which may include data recovery or other appropriate measures, in consultation with the Pechanga Band of Luisefio Indians. All significant cultural materials recovered will be, as necessary and at the discretion of the consulting archaeologist and in consultation with the Pechanga Band of Luisefio Indians, and any other local Native American groups expressing interest, subject to scientific analysis, professional museum curation, and documentation according to current professional standards. Mitigation Measure MM-CUL-2: Project-level development involving ground disturbance and containing structures 50 years old or older shall be subject to a historic built environment survey, and potentially historic structures shall be evaluated for their ' potential historic significance, prior to the City's approval of project plans. The survey shall be carried out by a qualified historian or architectural historian meeting the Secretary of the Interior's Standards for Architectural History. Consultation with the Pechanga Band of Luisefio Indians shall also occur during the evaluation. If potentially significant resources are encountered during the survey, demolition or substantial alteration of such resources identified shall be avoided. If avoidance of identified historic resources is deemed infeasible,the City shall require the preparation of a treatment plan to include, but not limited to, photo-documentation and public interpretation of the resource.The plan will be submitted to the City for review and approval prior to implementation. b) Facts in Support of Findings Future development under the Project could significantly impact archaeological sites and/or sites of traditional cultural value to tribes; and structures 50 years old or older. Development occurring under the Project has the potential to result in significant impacts to these resources. However, implementation of Mitigation Measure MM-CUL-1 requires consultation with the Pechanga Band of Luisefio Indians, a qualified archeologist to be on-site during ground disturbance activities, and identifies protections measures to be implemented in the event resources are discovered. Also, Mitigation Measure MM-CUL- 2 requires a historic build environment survey prior to City approval of any development plans.These mitigation measures would minimize impacts to a less than significant level. A-15 2. Paleontological Resources The proposed Project is underlain by the Pauba Formation and younger and older Quaternary Alluvium. The Pauba Formation and older Quaternary Alluvium have high paleontological sensitivity and therefore the potential to cause a significant impact on paleontological resources. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measure described below, to ensure that the Project's potential impacts to paleontological resources remain less than significant. Mitigation Measure MM-CUL-3: For project-level development involving ground disturbance, a qualified paleontologist shall be retained to determine the necessity of conducting a study of the project area(s) based on the potential sensitivity of the project site for paleontological resources. If deemed necessary,the paleontologist shall conduct a paleontological resources inventory designed to identify potentially significant resources. The paleontological resources inventory would consist of: a paleontological resources records search to be conducted at the San Bernardino County Museum and/or other appropriate facilities; a field survey where deemed appropriate by the paleontologist; and recordation of all identified paleontological resources. The paleontologist shall provide recommendations regarding additional work for the project. Impacts to significant paleontological resources, if identified,shall be avoided. In addition, the project proponent shall retain paleontological monitors during construction for ground-disturbing activities that have the potential to impact significant paleontological resources as determined by a qualified paleontologist. In the event that paleontological resources are discovered, the project proponent will notify a qualified paleontologist.The paleontologist will document the discovery as needed, evaluate the potential resource, and assess the significance of the find under the criteria set forth in CEQA Guidelines Section 15064.5. if fossil or fossil bearing deposits are discovered during construction, excavations within 50 feet of the find will be temporarily halted or diverted until the discovery is examined by a qualified paleontologist, in accordance with Society of Vertebrate Paleontology standards.The paleontologist will notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If avoidance is determined to be infeasible, the qualified paleontologist shall implement a paleontological mitigation program. At each fossil locality, field data forms shall be used to record pertinent geologic data, stratigraphic sections shall be measured,appropriate sediment samples shall be collected and submitted for analysis, and any other activities ' necessary for the timely and professional documentation and removal of fossils. Any fossils encountered and recovered shall be prepared to the point of identification, A-16 catalogued, and donated to a public, non-profit institution with a research interest in the materials. Accompanying notes, maps, and photographs shall also be filed at the repository. b) Facts in Support of Findings The potential exists for significant paleontological resources to be located beneath the ground surface in the Project area. Construction activities could result in the inadvertent discovery and damage of these paleontological resources, which would be a significant impact. However, Temecula's General Plan (implementation measure OS-26) requires that a paleontologist be retained to observe grading activities in areas where the probable presence of paleontological resources is identified. Implementation of Mitigation Measure MM-CUL-3 will ensure any potential impacts to paleontological resources are minimized to be less than significant. 3. Impacts to unidentified Human Remains The proposed Project has the potential to cause an impact to human remains in the event human remains are discovered. a) Findings ' Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below,to ensure that the Project's potential impacts unidentified human remains remain less than significant. Mitigation Measure MM-CUL-4: Project-level development involving ground disturbance within the Project area shall address the potential discovery and proper treatment of human remains, which is always a potential in areas that have not been previously disturbed or only partially disturbed through prior development. The City shall require that if human remains are uncovered during project construction, work in the vicinity of the find shall cease and the Riverside County coroner shall be contacted to evaluate the remains, following the procedures and protocols set forth in Section 15064.5 (e)(1) of the CEQA Guidelines. If the County coroner determines that the remains are Native American, the coroner will contact the Native American Heritage Commission, in accordance with Health and Safety Code Section 7050.5, subdivision(c), and Public Resources Code 5097.98 (as amended by AB 3641). The NAHC will then designate a Most Likely Descendent of the deceased Native American, who will engage in consultation to determine the disposition of the remains. b) Facts in Support of Findings The archaeological site record for site CA-RIV-644 has indicated that human remains ' near the site had been identified eroding out of the bank of a nearby creek, possibly Santa Gertrudis, and were recovered by public employees in the early 1970s (Humbert and A-17 Hammond, 1973)and ground-disturbing construction conducted throughout the Project area that is associated with implementation of the Project could result in damage to previously unidentified human remains. However,this impact would be minimized to less than significant by implementation of Mitigation Measure MM-CUL-4. 4. Cumulative Impacts to Cultural Resources The Project could cause cumulative impacts to cultural resources including archaeological resources, fossils and human remains. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below to ensure that the Project's cumulative impacts to cultural resources remain less than significant. Mitigation: Implement Mitigation Measures MM-CUL-1, MM-CUL-2, MM-CUL-3 and MM-CUL-4. b) Facts in Support of Findings The analysis in the Program FIR includes several mitigation measures to reduce potential ' Project impacts to cultural resources during construction of the Project. Should other projects in the cumulative scenario not implement similar measures,the cumulative scenario could result in a significant cumulative impact; however, the Project,with mitigation, would not contribute to the cumulative impact. Therefore,with implementation of Mitigation Measures MM-CUL-1, MM-CUL-2 and MM-CUL-4,the Project's contribution to cumulative impacts on cultural resources would not be cumulatively considerable. Excavation activities associated with the Project in conjunction with other projects in the area could contribute to the progressive loss of fossil remains, as-yet unrecorded fossil sites, associated geological and geographic data,and fossil bearing strata. However, the Project would have a less than significant impact to paleontological resources with incorporation of Mitigation Measure MM-CUL-3. With the implementation of this measure, the Project's contribution to cumulative impacts on paleontological resources would not be cumulatively considerable. Should other projects in the cumulative scenario not implement similar measures, the cumulative scenario could result in a significant cumulative impact through progressive damage or loss of potentially significant fossils; however, the Project, with mitigation, would not have a considerable contribution to the cumulative impact. Furthermore, implementation of Mitigation Measure MM-CUL-4 would mitigate the Project's potential to disturb any human remains, including those interred outside of A-18 ' formal cemeteries, and the Project's contribution to cumulative impacts on human remains would not be cumulatively considerable. E. Geology, Soils and Seismicity I. Impacts to soil erosion The Project has the potential to cause an impact on water quality or waste discharge upon construction and operation of developments within the project area. Construction could include grading and other earth moving activities exposing soils to erosion, which could lead to erosion and runoff. In addition,the incremental increase of development over the span of 20-30 years is likely to contribute to pollution such as motor oil or fertilizers being washed away during rainfall or when a street, walkway, or parkway surface is being cleaned. a) Findings Changes or alterations have been required in or incorporated into the Project including the mitigation measures described below,to ensure that the Project's potential impacts associated with soil erosion are less than significant. Mitigation: Implement Mitigation Measures MM-HYD-I and MM-HYD-2. b) Facts in Support of Findings Construction activities associated with future development could disturb soils that are protected by vegetation or expose soils covered by asphalt or concrete, resulting in soil erosion and loss of topsoil. As detailed in MM-HYD-1 and MM-HYD-2, individual development projects occurring during Project implementation would be required to implement the construction best management practices(BMPs), as detailed in the Storm Water Pollution Prevention Plan (S W PPP)as required by the Construction General Permit under the National Pollution Discharge Elimination System Program for sites greater than one acre and each individual development project would be required to prepare a Water Quality Management Plan (WQMP)as required by the City.These mitigation measures will reduce soil impacts to less than significant. F. Hazards and Hazardous Materials t. Construction activities occurring under the Project may occur on sites containing contamination, which could result in releases of hazardous materials As noted in the Program EIR, a number of sites within the Specific Plan area have been impacted by petroleum hydrocarbons from leaking underground storage tanks or other chemical constituents such as solvents associated with dry cleaning operations that could ' expose individuals to hazardous conditions resulting from exposure of contaminated soils or A-19 ' groundwater. Exposure of residents to underground hazardous wastes is considered a potentially significant impact. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below,to ensure that the Project's potential impacts associated with hazards and hazardous materials are less than significant. Mitigation Measure MM-HAZ-1 a: For individual development projects within the Project area, the applicant shall retain a qualified environmental consulting firm to conduct a Phase I Environmental Site Assessment in accordance with ASTM standard E1527-05 prior to building permit approval. Any recommendations made in the Phase I report as well as any remediation as required by the overseeing agency shall be completed prior to commencement of any construction activities. Mitigation Measure MM-HAZ-1b: Any subsurface materials exposed during construction activities that appear suspect of contamination, either from visual staining or suspect odors, shall require immediate cessation of excavation activities and notification of the Riverside County Department of Environmental Health. Soils suspected of contamination through visual observation or from observed odors,shall be segregated ' from other soils and placed on and covered by plastic sheeting and characterized for potential contamination in accordance with direction received from the County. If contamination is found to be present, any further proposed groundbreaking activities within areas of identified or suspected contamination shall cease and shall not resume until a site specific health and safety plan, prepared by a licensed professional and approved by Department of Environmental Health, has been completed and submitted to the City. Mitigation Measure MM-HAZ-1 c: Any groundwater generated during construction dewatering shall be contained and profiled in accordance with Regional Water Quality Control Board(RWQCB)or Temecula Valley Regional Water Reclamation Facility requirements depending on whether water will be discharged to storm drains or sanitary sewers. Any water that does not meet permitted requirements by these two agencies shall be transported offsite for disposal at an appropriate facility,or treated, if necessary to meet applicable standards, prior to discharge in accordance with approval from the RWQCB or Temecula Valley Regional Water Reclamation Facility. b) Facts in Support of Findings Some of the listed sites in the Project area have been closed indicating that there is no longer any contamination at levels that could adversely affect human health or the environment. Investigations and remediation efforts are generally required by overseeing agencies such as the County's Hazardous Materials Program, RWQCB, and the DTSC, A-20 ' which establish cleanup levels according to existing or proposed uses. In general, soils contaminated from releases of petroleum hydrocarbons associated with underground storage tanks (USTs) are found in limited areas around the origin of release and do not migrate very far offsite. Further, implementation of Mitigation Measures MM-HAZ-I a through MM-HAZ-lc will reduce potential impacts related to hazardous materials to less than significant levels. G. Hydrology and Water Quality I. Violate any water quality standards or waste discharge requirements Construction of the Project would require demolition of existing structures, pavement breaking, ditching, and excavation; these activities could expose and loosen building materials and sediment, which has the potential to mix with storm water runoff and degrade surface water quality. Furthermore, construction would require the use of heavy equipment and construction-related chemicals, such as concrete, cement, asphalt, fuels, oils, antifreeze, transmission fluid, grease, solvents and paints.These potentially harmful materials could be accidentally spilled or improperly disposed of during construction and could wash into and pollute surface waters or groundwater, which would result in a significant impact to water quality. In addition,chemicals used during the operation of the new commercial and residential structures could potentially discharge into surface waters either directly or during storm water runoff events, resulting in degradation of surface water quality. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below,to ensure that the Project's potential impacts to water quality associated with construction and operation is reduced to less than significant. Mitigation Measure MM-HYD-1: Development construction that disturbs one acre or more individually shall comply with the NPDES Construction General Permit regulations in effect at the time so as not to violate any water quality standards or waste discharge requirements. Compliance with the Construction General Permit would include filing of a Notice of Intent with the SWRCB and the preparation of a S WPPP incorporating construction BMPs for control of erosion and sedimentation contained in stormwater runoff. Development construction that disturbs less than one acre individually shall comply with the MS4 permit issued by the SDRWQCB in effect at the time so as not to violate any water quality standards or waste discharge requirements. Compliance with the MS4 permit for construction projects disturbing less than an acre would require the preparation of a construction BMP plan detailing erosion, sediment, and waste management control BMPs to be implemented throughout construction to be submitted ' and approved by the City of Temecula. A-21 Mitigation Measure MM-HYD-2: As a condition of approval, each future development project will be required to generate a project-specific Water Quality Management Plan (WQMP), as required by the City of Temecula Stormwater Ordinance and as specified in the City's Jurisdictional Runoff Management Plan,which will ensure that the project implements specific water quality features to meet the City's MS4 Permit and Stormwater Ordinance requirements. Potential BMPs required by the WQMP include non-structural, structural, source control and treatment control BMPs or a combination thereof. This WQMP shall be reviewed and approved by the City of Temecula prior to the issuance of a building or grading permit. b) Facts in Support of Findings Implementation of a S WPPP and water quality-related BMPs described in Mitigation Measure MM-HYD-I and MM-HYD-2 would ensure that construction-related impacts on water quality, including potential harmful materials accidentally spilled or improperly disposed of during construction and could wash into and pollute surface waters or groundwater, would be less than significant. In addition, future developments will be required to generate a project-specific WQMP,which will reduce impacts to surface waters, either directly or during storm water runoff events, from the use of chemicals,to less than significant levels. ' 2. Impacts from Stormwater Runoff a) Findings Both construction and operation of the Project could result in impacts related to stormwater runoff. Construction of the proposed development within the Project area would require activities such as pavement breaking, ditching, and excavation, which could temporarily alter the existing site's ground surface and drainage patterns,which could result in significant impacts related to stormwater runoff. In addition, new development within the Project area and changes in the extent of permeable or impermeable surfaces would alter the direction and volume and rate of overland flows during both wet and dry periods and could result in increases in stormwater runoff. Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below, to ensure that the Project's potential impact associated with stormwater runoff is less than significant. Mitigation: Implement Mitigation Measure MM-HYD-I; and Mitigation Measure MM-HYD-3: As a condition of approval,each future development project will be required to generate a project-specific Drainage or Hydrology Study, as required by the City of Temecula Stormwater Ordinance and as specified in the City's A-22 ' Jurisdictional Runoff Management Plan, which will ensure that the project implements specific hydromodifcation features to meet the City's MS4 Permit and Stormwater Ordinance requirements. Potential hydromodification features identified may include detention or infiltration basins (i.e., intercept, store, infiltrate,evaporate,and evapotranspire).The project-specific Drainage or Hydrology Study shall be reviewed and approved by the City of Temecula prior to the issuance of a building or grading permit. b) Facts in Support of Findings Although construction and operation of the Project has the potential to have significant impacts associated with stormwater runoff, Mitigation Measures MM-HYD-I and MM- HYD-3 would reduce impacts to less than significant. As part of Mitigation Measure MM-HYD-I, compliance with the NPDES Construction General Permit for construction disturbing greater than an acre and compliance with the MS4 permit in effect at the time of construction for construction disturbing less than an acre would minimize temporary increases in stormwater runoff per the implementation of BMPs. In addition, adherence to requirements found in the MS4 permit in effect at the time of construction, as outlined in MM-HYD-3, would ensure no substantial increases in stormwater runoff occur during operation of the Project. Impacts would be less than significant with mitigation. 3. Drainage System Capacity Related to Construction and Operation. ' a) Findings Construction of the proposed development within the Project area would require activities such as pavement breaking, ditching, and excavation, which could temporarily alter the existing site's ground surface and drainage patterns,which could result in significant impacts related to stormwater runoff that exceed the capacity of the existing drainage system. In addition, new development within the Project area and changes in the extent of permeable or impermeable surfaces would alter the direction, volume and rate of overland flows during both wet and dry periods and could result in increases in stormwater runoff that exceed the capacity of the existing drainage. Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below,to ensure that the Project's potential impacts related to drainage system capacity are less than significant. Mitigation: Implement Mitigation Measure MM-HYD-1 and Mitigation Measure MM-HYD-3. b) Facts in Support of Findings As part of Mitigation Measure MM-HYD-I, compliance with the NPDES Construction ' General Permit for construction disturbing greater than an acre and compliance with the MS4 permit in effect at the time of construction for construction disturbing less than an A-23 ' acre would minimize temporary increases in stormwater runoff per the implementation of BMPs. As a result, construction activities would not result in runoff that would exceed the capacity of the adjacent existing drainage system capacity. In addition,as part of Mitigation Measure MM-HYD-3, each future development project will be required to generate a project-specific Drainage or Hydrology Study, as required by the City of Temecula Stormwater Ordinance and as specified in the City's Jurisdictional Runoff Management Plan. Adherence to requirements found in the MS4 permit in effect at the time of construction, as outlined in Mitigation Measure MM-HYD- 3, would ensure no substantial increases in stormwater runoff would occur such that the existing capacity of storm water drainage systems would not be exceeded. Impacts would be less than significant with mitigation. H. Noise and Vibration (operations) t. Operational Noise New development within the Project area may introduce noise levels that could exceed the City's exterior noise standards at existing properties that are located adjacent to and/or near the new development sites. Specifically, new development within the Project area could expose nearby sensitive receptors to noise levels exceeding 5 dBA over ambient levels due to ' operation of heating, ventilating, and air conditioning(HVAC)equipment. a) Findings Changes or alterations have been required in or incorporated into the Project, including the following mitigation measures that reduce the potential noise impacts to sensitive receptors to less than significant. Mitigation Measure MM-NOW: For project-specific development, the applicant shall provide evidence to the City that operational noise levels generated by the development would not exceed the City's permissible exterior noise standards. If City noise standards would be exceeded, design measures shall be taken to ensure that operational noise levels would be reduced to levels that comply with the permissible City noise standards.These measures may include, but are not limited to,the erection of noise walls, use of landscaping, and/or the design of adequate setback distances for the new developments. Mitigation Measure MM-N01-4a: Individual development projects shall minimize noise impacts from mechanical equipment, such as ventilation and air conditioning units, by locating equipment away from receptor areas, installing proper acoustical shielding for the equipment, and incorporating the use of parapets into building design to ensure that noise levels do not exceed the ambient noise level on the premises of existing development by more than five decibels. A-24 ' Mitigation Measure MM-NOI-4b: Prior to City approval of a residential development project within the Project area, the applicant shall provide documentation to the City that all exterior windows associated with a proposed residential development will be constructed to provide a sufficient amount of sound insulation to ensure that interior noise levels would be below an Ldn or CNEL of 45 dB in any habitable room. b) Facts in Support of Findings Under the Project, new land uses that would occur in the Project area include residential, commercial, office, and mixed-use developments. These new developments may introduce noise levels that could exceed the City's exterior noise standards at existing properties that are located adjacent to and/or near the new development sites. However, for project-specific development, the applicant shall provide evidence to the City that operational noise levels generated by the development would not exceed the City's permissible exterior noise standards and implement measures to reduce noise levels, per Mitigation Measure MM-NOl-3. In addition,to ensure that the nearby noise-sensitive uses to the Project site would not be adversely affected by any HVAC equipment noise, Mitigation Measure MM-NOl-4a would be implemented,which prohibits noise from HVAC equipment from exceeding the ambient noise level on the premises of other occupied properties by more than 5 dBA. In order to ensure that the future residents in the Project area would not be adversely affected by operational noise associated with ' mechanical equipment from adjacent properties, Mitigation Measure MM-NOI-4b would be implemented to ensure that all exterior windows associated with the proposed residential uses would be constructed such that sufficient sound insulation is provided to ensure that interior noise levels would be below a Ldn or CNEL of 45 dBA in any residential unit. 2. Noise/Land Use Compatibility With changes in the community noise environment in the Project area over the course of the Project's buildout period, the new development projects proposed in the Project area may not meet the applicable noise/land use compatibility noise standards established by the City. a) Findings Changes or alterations, including the mitigation measure described below, have been required in or incorporated into the Project that ensure land use compatibility impacts are reduced to less than significant. Mitigation Measure MM-NOI-5: Prior to City approval of a project-specific development within the Project area, the applicant shall provide evidence to the City that the City's noise/land use compatibility standards are met for the land use being developed. Measures that can be taken to ensure compliance with the City's noise/land A-25 use compatibility standards include, but are not limited to, the erection of noise walls, use of landscaping, use of window insulation (double-paned glazing), and/or, where applicable,the design of adequate setback distances. b) Facts in Support of Findings Implementation of Mitigation Measure MM-NCI-5 would require all future development associated with the Project to be considered on a case-by-case basis to ascertain whether an individual development would violate the City's noise/land use compatibility standards and, where necessary, implement measures to ensure compliance with the City's standards.Therefore,with implementation of this mitigation measure,this impact would be reduced to a less-than-significant level. 1. Transportation and Traffic I. Impacts on Circulation System from Existing(2013) Plus Project Traffic Conditions The Project would result in significant impacts at the following intersections under the Existing(2013) Plus Project Conditions: • Ynez Road & Winchester Road ' • Nicholas Road&Winchester Road a) Findings Changes or alterations, including the mitigation measure described below, have been required in or incorporated into the Project that reduce traffic impacts under the Existing (2013) Plus Project Conditions to less than significant. Mitigation Measure MM-TRA-1: The City shall monitor the performance of the intersections listed below on an on-going basis and ensure that signal timing optimization occurs at these intersections prior to or concurrent with Project-related development that would increase the AM peak-hour delay by more than two seconds. • Ynez Road & Winchester Road—AM peak hour(Project's fair-share contribution for this mitigation measure is 10 percent) • Nicholas Road& Winchester Road—AM peak hour(Project's fair-share contribution for this mitigation measure is 5 percent) Prior to the issuance of the initial building permit for each project-specific development within the Project area,the applicant shall pay its fair share, as determined by the City, toward the signal timing optimization for the intersections listed herein. A-26 b) Facts in Support of Findings After implementation of Mitigation Measure MM-TRA-1, the intersection at Ynez Road & Winchester Road would operate at an acceptable LOS D(delay=37.1 seconds).The intersection at Nicholas Road & Winchester Road would operate at LOS E with delay improved to 55.8 seconds (i.e., better than under existing conditions). Impacts would be less than significant. 2. Impacts on Circulation System under Future Year(2035)Plus Project Conditions. The Project would result in significant impacts at the following intersections under Future Year(2035) Plus Project conditions: • Jefferson Avenue at Cherry Street/Proposed French Valley Parkway—AM peak hour • Winchester Road at Murrieta Hot Springs Road—AM peak hour • Old Town Front Street and Temecula Parkway—AM peak hour a) Findings Changes or alterations, including the mitigation measure described below, have been ' required in or incorporated into the Project that reduce traffic impacts under the Future Year(2035) Plus Project Conditions to less than significant. Mitigation Measure MM-TRA-2: The City shall monitor the performance of the intersections listed below on an on-going basis and ensure that the following improvements occur at these intersections prior to or concurrent with Project-related development that would increase the AM peak-hour delay by more than two seconds. • At the intersection of Jefferson Avenue at Cherry Street/ Proposed French Valley Parkway, the westbound approach lane shall be re-configured from one left turn lane, two through lanes, and a shared through-right turn lane to two left turn lanes, one through lane and one shared lane(Project's fair-share contribution is 10 percent). • At the intersection of Winchester Road and Murrieta Hot Springs Road, add a right- turn overlap traffic signal phase to the southbound direction (Project's fair-share contribution is 5 percent). • At Old Town Front Street and Temecula Parkway, add an exclusive right-turn lane to the northbound direction (Project's fair-share contribution is 5 percent). A-27 b) Facts in Support of Findings Prior to the issuance of the initial building permit for each project-specific development within the Project area, the applicant shall pay its fair share,as determined by the City, toward the improvements for the intersections listed herein. In addition,after implementation of Mitigation Measure MM-TRA-2, operations during the AM peak hour at the intersection of Jefferson Avenue at Cherry Street/Proposed French Valley Parkway would improve to an acceptable LOS C(delay=31.4 seconds). The intersection at Winchester Road and Murrieta Hot Springs Road would continue to operate at an unacceptable LOS F during the AM peak hour; however, delay would improve to 92.6 seconds, which is better than pre-project conditions. Finally, AM peak hour operations at Old Town Front Street and Temecula Parkway would improve to LOS E(delay=61.7 seconds), which while an unacceptable service level, would be better than pre-project conditions.Therefore, impacts would be less than significant. J. Utilities and Water Supply Assessment I. Water and Wastewater Treatment Facilities Expansion and Capacity Buildout of the Project would result in the need for larger diameter or parallel sewer lines for ' three lengths of sewer pipe within the Project area, and the need to increase the capacity of the Temecula Valley RWRF to handle an additional 0.8 mgd of wastewater flow; the construction of which could result in significant environmental effects. a) Findings Changes or alterations, including the mitigation measures described below, have been required in or incorporated into the Project that reduce impacts related to treatment facility expansion and capacity to less than significant. Mitigation Measure MM-UTL-1 a: Prior to the issuance of construction permits for a project-specific development within the Project area, the project applicant shall pay its fair share of Eastern Municipal Water District mitigation fees to upsize the impacted sewer pipelines at Jefferson Avenue,via Montezuma and Del Rio Road. Mitigation Measure MM-UTL-1 b: Prior to the issuance of construction permits for a project-specific development within the Project area, the project applicant shall pay Eastern Municipal Water District's then in effect Financial Participation Charge associated with obtaining sewer service. b) Facts in Support of Findings ' The additional wastewater flow need for implementation of the Project would necessitate a future capacity expansion which would result in the construction of new wastewater A-28 treatment facilities or expansion of existing facilities, which would be significant impacts. However, payment of mitigation fees and other fees to the Eastern Municipal Water District as described in Mitigation Measures MM-UTL-1 a and MM-UTL-lb would reduce the potential impacts to less than significant. 2. Impacts to Stormwater Drainage Facilities Buildout of the Project would result in the need for the construction of new storm water drainage facilities or expansion of existing facilities; the construction of which could result in significant environmental effects. a) Findings Changes or alterations, including the mitigation measures described below,have been required in or incorporated into the Project that reduce impacts to Stormwater drainage facilities to less than significant. Mitigation: Implement Mitigation Measure MM-HYD-2 and MM HYD-3 b) Facts in Support of Findings As a part of the WQMP implemented by Mitigation Measure MM-HYD-2,the Project ' would be required to incorporate low impact development(LID) best management practices (BMPs) into Project design, which include measures to reduce increases in runoff through hydromodification and infiltration protection. In addition,adherence to requirements found in the MS4 permit in effect at the time of construction, would ensure no substantial increases in on-site or off-site storm water runoff would occur and cause significant environmental effects. Lastly, Mitigation Measure MM-HYD-3 would minimize potential permanent increases in Stormwater runoff during operation of the development. With the incorporation of Mitigation MM-HYD-2 and MM-HYD-3, impacts to stormwater drainage facilities will be less than significant. VI.Environmental Effects that Remain Significant and Unavoidable After Mitigation In the environmental areas of air quality, noise and cultural resources,there are instances where potential environmental impacts would remain significant and unavoidable, as discussed below. A. Air Quality(Construction and Operations) I. Violation of Air Quality Standards—Construction Construction activities associated with implementation of the Project would violate air quality standards related to ROG and NOx emissions and would result in significant air quality impacts at the Program FIR level. A-29 a) Findings Specific economic, social,or other considerations make infeasible mitigation measures or project alternatives identified in the Program EIR. Changes or alterations have been required in, or incorporated into the Project that avoid or substantially lessen the potential significant environmental effect as identified in the Program FIR. Although the following Mitigation Measures will be implemented to lessen the short term air quality impacts, none were identified that could reduce the impacts to below the level of significance and therefore impacts still will remain potentially significant. Mitigation Measure MM-AIR-la: Future project-level development shall incorporate the following mitigation measures to minimize emissions of NOx associated with construction activities for the Project: • Construction activities shall require the use of 2010 and newer diesel haul trucks (e.g., material delivery trucks and soil import/export)to the extent feasible.' Under conditions where it is determined that 2010 model year or newer diesel trucks are not readily available or obtainable for a project,the applicant shall be required to provide this evidence to the City and shall instead use trucks that meet USEPA 2007 model year NOx emissions requirements.3 • Off-road diesel-powered construction equipment greater than 50 horsepower(hp) shall meet USEPA Tier III off-road emissions standards. In addition,construction equipment shall be outfitted with BACT devices certified by CARB. A copy of each unit's certified tier specification, BACT documentation, and CARB or SCAQMD operating permit shall be provided at the time of mobilization of each applicable unit of equipment. Under conditions where a newer or alternative technology becomes available in the future that would result in either equivalent or larger reductions in NOx emissions than the use of tiered construction equipment, that technology shall be applied. Where alternatives to USEPA Tier III equipment are chosen for a project, the applicant shall be required to show evidence to the City that comparable NOx emissions reductions that are no less than what could be achieved by a Level 3 diesel CARB's On-Road Heavy-Duty Diesel Vehicle(In-Use)Regulation requires the phase-in of 2010 model year engines or equivalent by January 1,2023. Under this regulation.PM and NOx emissions are projected to be reduced by approximately 3 tons per day and 88 tons per day, respectively, in 2023. Whereas trucks that meet 2007 model year NOx emissions requirements are estimated to reduce NOx emissions by at least 40 percent in engines that are certified to the 2004 through 2006 model year heavy-duty diesel engine emissions standard, trucks that meet 2010 model year NOx emissions requirements are estimated to reduce NOx emissions by at least 85 percent in engines that are certified to the 2004 through 2006 model year heavy-duty diesel engine emissions standard. l As the 2010 model year engines or equivalent would be gradually phased in over time in California,these ' engines may not always be readily available for the construction activities associated with the Project.As such, under these circumstances the USEPA 2007 model year NOx emissions standards,which were scheduled to be phased-in for heavy-duty highway engines between 2007 and 2010,would be used instead. A-30 ' emissions control strategy for a similarly sized engine as defined by CARB regulations would be achieved. • After January I, 2015,off-road diesel-powered construction equipment greater than 50 hp shall meet the Tier IV emission standards, where available. Under conditions where it is determined that equipment meeting Tier IV emission standards are not readily available or obtainable for a project,the applicant shall be required to provide this evidence to the City and shall instead use USEPA Tier III equipment. In addition, construction equipment shall be outfitted with BACT devices certified by CARB. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations. A copy of each unit's certified tier specification, BACT documentation,and CARB or SCAQMD operating permit shall be provided at the time of mobilization of each applicable unit of equipment. Mitigation Measure MM-AIR-lb: Future project-level development shall incorporate the following in the construction specifications of a development project: • Require that construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than ' five minutes. • Require that construction operations rely on the electricity infrastructure surrounding the construction site rather than electrical generators powered by internal combustion engines to the extent feasible. Mitigation Measure MM-AIR-le: Future project-level development shall document project construction emissions prior to City approval of a project. if it is shown that a development would generate construction-related VOC emissions exceeding SCAQMD's threshold, the architectural coatings phase for that project shall use coatings and solvents with a VOC content lower than that required under SCAQMD Rule 1 1 13. Mitigation Measure MM-AIR-Id: The City shall encourage all construction contractors to apply for SCAQMD"SOON" funds,which provides funds to accelerate clean-up of off-road diesel vehicles such as heavy-duty construction equipment. b) Facts in Support of Findings The Program FIR analysis of the Project determined that under an estimated worst-case construction scenario, implementation of the Project would result in significant air quality impacts associated with ROG and NOx emissions. Additionally, under potential conditions where one or more of the construction phases shown in EIR Table 3.2-6 overlap, these pollutant emissions could be even higher. While implementation of A-31 Mitigation Measures MM-AIR-I a through MM-AIR-Id would reduce the emissions of ROG and NOx that are analyzed for the worst-case construction scenario evaluated in the Program EIR,these emissions would not be reduced to below SCAQMD's thresholds for the two respective criteria pollutants.Therefore, for the analysis of the Project's worst- case scenario, impacts from construction ROG and NOx emissions would be significant and unavoidable. 2. Violation of Air Quality Standards—Operations Operational activities associated with implementation of the Project would violate air quality standards related to ROG emissions and would result in significant air quality impacts at this program level. a) Findings As the regulation of ROG emissions from consumer products is beyond the City's control, no feasible mitigation is currently available to reduce the amount of ROG emissions generated under the Project to the extent that these emissions would Fpwaifl hPlev be above the SCAQMD's recommended threshold; thus,this impact remains significant and unavoidable. ' b) Facts in Support of Findings When the operational ROG emissions of the Project are compared to that of the existing land uses,the primary emissions source contributing to the net increase in ROG emissions is associated with area sources, which include emissions generated from architectural coatings(reapplication of coatings on structures over time), consumer products, natural gas fireplaces/stoves, and landscaping. Amongst these area sources, the majority (75 percent)of the estimated ROG emissions generated by the Project were associated with the use of consumer products by the new residents in the Project area." The estimated net daily emissions of ROG during operation of the new land uses associated with the Project would exceed the SCAQMD's regional significance threshold. As the regulation of ROG emissions from consumer products is beyond the City's control,no feasible mitigation is currently available to reduce the amount of ROG emissions generated under the Project to the extent that these emissions would be above the SCAQMD's recommended threshold. Thus,this impact would be significant and unavoidable. 3. Cumulative Impacts to Air Quality ' Consumer products are defined in CaIEEMod to be chemically formulated products used by household consumers that include, but is not limited to.detergents; cleaning compounds; polishes; floor finishes;cosmetics; personal care products;home, lawn, and garden products; disinfectants;sanitizers;aerosol paints;and automotive specialty products. A-32 As the Basin is currently classified as a state non-attainment area for ozone,NOz, PM,,, and PMZ 5, cumulative development consisting of the Project along with other reasonably foreseeable future projects in the Basin as a whole could violate an air quality standard or contribute to an existing or projected air quality violation. This is considered to be a significant cumulative impact. With respect to the Project's contribution to this cumulative impact, according to the SCAQMD, individual construction projects that exceed the SCAQMD recommended daily thresholds for project-specific impacts would cause a cumulatively considerable increase in emissions for those pollutants for which the Basin is in non-attainment under an applicable federal or state ambient air quality standard. As the Project's construction-related ROG and NOx emissions (both of which are ozone precursors) and operational ROG emissions would exceed the SCAQMD's recommended daily thresholds,the Project would contribute to a cumulative air quality impact with respect to ozone and NO,.' Findings Changes or alterations have been required in or incorporated into the Project that avoid or substantially lessen the potential significant environmental effects as identified in the Program EIR. The following Mitigation Measures listed below will be implemented to lessen construction and long term operational air quality impacts; however, no mitigation measures were identified that could reduce the impacts to below the level of significance, and therefore impacts will remain potentially significant. Mitigation Measures: Implementation of Mitigation Measures MM-AIR-1 a and MM- AIR-1 b from Section 3.2, Air Quality, would reduce construction emissions of ROG and NOx associated with the worst-case construction scenario analyzed for the Project; however, not to below a level of significance. a) Facts in Support of Findings The Program EIR shows that the worst-case daily construction emissions associated with the Project would exceed the SCAQMD's construction thresholds for ROG and NOx (ozone precursors). Therefore, the Project would exceed SCAQMD's respective thresholds during construction for pollutants for which the Basin is in non-attainment (i.e., ozone and NOZ). The Project's pollutant emissions would, in conjunction with other past,current, and probable future projects, be cumulatively considerable and cumulative impacts would be significant and unavoidable. s It should be noted that because the Basin in currently a non-attainment area for ozone and NOi, and both ROG and NOx emissions are ozone precursors(i.e..ozone is created by sunlight acting on ROG and NOx in the air),the exceedance of SCAQMD's recommended daily thresholds for these pollutants by the Project would result in a significant contribution to cumulative air quality impacts. A-33 With respect to Project operations, with the exception of ROG emissions, the total net operational emissions associated with the Project would not exceed the SCAQMD's thresholds for NOx,CO, SOx, PM 10, and PM2.5. With respect to the Project's operational emissions of NOx, CO, SOx, PM 10, and PM2.5,these pollutant emissions would not be cumulatively considerable and cumulative impacts would be less than significant. However,as the net operational ROG emissions associated with the Project would exceed the SCAQMD's operational threshold,the Project's ROG emissions, which are ozone precursors, would be cumulatively considerable and cumulative impacts would be significant and unavoidable. B. Cultural Resources I. Direct Impacts to Cultural Resources(Historic) Construction activities associated with implementation of the Project could cause a substantial adverse change in the significance of a historic resource as defined in CEQA Guidelines Section 15064.5, including the Gonzalez Adobe and other structures that are 50 years or older. a) Findings Changes or alterations have been required in or incorporated into the Project that avoid or substantially lessen the potential significant environmental effects as identified in the Program FIR. The following Mitigation Measure will be implemented to lessen impacts to historic resources; however, no mitigation measures were identified that could reduce the impacts to the built historic features below the level of significance,and therefore impacts to these resources will remain potentially significant. Mitigation Measure MM-CUL-2: Project-level development involving ground disturbance and containing structures 50 years old or older shall be subject to a historic built environment survey, and potentially historic structures shall be evaluated for their potential historic significance, prior to the City's approval of project plans. The survey shall be carried out by a qualified historian or architectural historian meeting the Secretary of the Interior's Standards for Architectural History. If potentially significant resources are encountered during the survey, demolition or substantial alteration of such resources identified shall be avoided. If avoidance of identified historic resources is deemed infeasible, the City shall require the preparation of a treatment plan to include, but not limited to, photo-documentation and public interpretation of the resource.The plan will be submitted to the City for review and approval prior to implementation. b) Facts in Support of Findings Surveys of structures 50 years of age or older have not been done and the details of any ' treatment plan are unknown;therefore, it is possible that the treatment plan may be A-34 ' insufficient to reduce the impacts of the loss of a historic resource to a less-than- significant level. As such,the impact would remain significant and unavoidable after implementation of MM-CUL-2, at a program EIR level analysis. 2. Cumulative Impacts to Cultural Resources (Historic) Cumulative impacts to cultural resources in this area could occur if any other existing or proposed projects, in conjunction with the Project, had or would have impacts on cultural resources that, when considered together, would be cumulatively significant. a) Findings Changes or alterations have been required in or incorporated into the Project that avoid or substantially lessen the potential significant environmental effects as identified in the Program EIR. The following Mitigation Measure listed below will be implemented to lessen cumulative impacts to historic resources; however, no mitigation measures were identified that could reduce the impacts to built historic features to below the level of significance, and therefore cumulative impacts to these resources will remain potentially significant. Mitigation Measures: MM-CUL-2. ' b) Facts in Support of Findings The potential construction impacts of the Project, in combination with other projects in the area, could contribute to a cumulatively significant impact on built historical resources. Mitigation Measure MM-CUL-2 has been developed in order to reduce impacts to built historic resources. However, MM-CUL-2 may not reduce the impacts of the loss of a historic resource to a less-than-significant level and this impact would remain significant and unavoidable. Therefore, the Project's cumulative effects to historic built resources, in conjunction with other past, current,and probable future projects, would be cumulatively considerable and cumulative impacts would be significant and unavoidable. C. Noise and Vibration (Construction) 1. Construction Noise Construction activities occurring at each individual development site in the Project area would potentially expose their respective adjacent or nearby receptor(s)to substantial increases in ambient noise levels. A-35 a) Findings Mitigation measures were evaluated for their ability to eliminate the potential significant increases in noise impacts upon adjacent or nearby receptor(s). The following mitigation measures will be implemented to lessen noise impacts; however, no mitigation measures were identified that could reduce noise impacts to sensitive receptors to below the level of significance. Mitigation Measure MM-NOI-la: Prior to the issuance any grading or building permits for project-specific development, the applicant shall provide evidence to the City that the development will not exceed the City's exterior noise standards for construction(see Table 3.10-5). If it is determined that City noise standards for construction activities would be exceeded,the applicant shall submit a construction-related exception request to the City Manager at least one week in advance of the project's scheduled construction activities, along with the appropriate inspection fee(s), to ensure that the project's construction noise levels would be granted an exception from the noise standards set forth in Section 9.20.040 of the City of Temecula Municipal Code. If a construction- related exception request is denied by the City, design measures shall be taken to reduce the construction noise levels to the maximum extent feasible to achieve compliance with the City's construction noise standards.These measures may include, but are not limited to,the erection of noise barriers/curtains, use of advanced or state-of-the-art mufflers on ' construction equipment, and/or reduction in the amount of equipment that would operate concurrently at the development site. Mitigation Measure MM-NOI-1 b: Project-specific development located within the Project area shall: • Ensure that noise and groundborne vibration construction activities whose specific location on a construction site may be flexible(e.g., operation of compressors and generators,cement mixing, general truck idling) shall be conducted as far as possible from the nearest noise and vibration-sensitive land uses. • Ensure that the use of construction equipment or construction methods with the greatest peak noise generation potential will be minimized. Examples include the use of drills andjackhammers. When impact tools(e.g.,jack hammers, pavement breakers, and caisson drills)are necessary, they shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools. Where use of pneumatic tools is unavoidable,an exhaust muffler on the compressed air exhaust shall be used; this muffler can lower noise levels from the exhaust by up to about 10 dBA. External jackets on the tools themselves shall be used where feasible; this could achieve a reduction of 5 dBA. Quieter procedures, such as use of drills rather than impact tools,shall be used ' whenever feasible. A-36 • Locate stationary construction noise sources away from adjacent receptors and muffled and enclosed within temporary sheds, incorporate insulation barriers,or other measures to the extent feasible. • Ensure that all construction truck traffic is restricted to routes approved by the City of Temecula, which shall avoid residential areas and other sensitive receptors,to the extent feasible. • Designate a construction relations officer to serve as a liaison with surrounding residents and property owners who is responsible for responding to address any concerns regarding construction noise and vibration.The liaison's telephone number(s) shall be prominently displayed at construction locations. • Hold a preconstruction meeting with the City's job inspectors and the general contractor or onsite project manager to confirm that noise and vibration mitigation and practices(including construction hours, sound buffers, neighborhood notification, posted signs,etc.)are implemented. b) Facts in Support of Findings As described in the Program EIR, it is anticipated that the City, through the ' environmental review process, will consider all future developments associated with the Project on a case-by-case basis to ascertain whether an individual development would generate a substantial temporary or periodic increase in ambient noise levels on its surrounding off-site uses. However, for the purposes of this EIR, it is assumed that there would likely be future developments associated with the Project that would be located in close enough proximity to existing land uses such that the construction noise levels generated would result in a substantial temporary increase in ambient noise levels at those existing land uses. As such, Mitigation Measure MM-NOI-1 b which would require the implementation of noise reduction devices and techniques during construction activities for the new developments occurring under the Project would be implemented to reduce the construction-related noise levels at nearby receptors to the maximum extent feasible.Nonetheless, under circumstances where future construction sites within the Project area are located immediately adjacent to existing land uses,the noise impacts related to a substantial temporary or periodic increase in ambient noise levels above levels existing without the proposed project would remain significant. Although mitigation measures would reduce the Project's construction noise levels to the maximum extent feasible, it is anticipated that the nearest existing land uses to each of the proposed developments in the Project area would continue to experience a substantial temporary or periodic increase in ambient noise levels during construction activities.Therefore, the Project's construction noise would be a temporary significant and unavoidable impact on the nearby existing land uses. ' 2. Construction Vibration A-37 ' Construction activities occurring at each individual development site in the Project area would potentially expose their respective onsite and/or offsite sensitive land uses to vibration levels that exceed applicable FTA vibration thresholds for building damage and human annoyance. c) Findings Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Program EIR. Although mitigation measures were evaluated for their ability to eliminate the potential to expose sensitive receptors onsite and/or offsite to substantial vibration levels that exceed applicable FTA vibration thresholds for building damage and human annoyance, none were identified that could reduce the impacts to below the level of significance. Mitigation Measure MM-NOI-2a: The operation of construction equipment that generates high levels of vibration, such as large bulldozers, loaded trucks, and caisson drills, shall be prohibited within 45 feet of residential structures and 35 feet of institutional structures during construction of any project-specific development in the Project area to the extent feasible. Small, rubber-tired construction equipment shall be used within this area during demolition and/or grading operations to reduce vibration effects,where feasible. ' Mitigation Measure MM-N0I-2b: Operation ofjackhammers shall be prohibited within 25 feet of existing residential structures and 20 feet of institutional structures during construction activities associated with any project-specific development in the Project area,to the extent feasible. d) Facts in Support of Findings As individual development projects would be spread over the Project's buildout period and construction events are short-term in nature, it is anticipated that there would be an infrequent amount of vibration events per day at sensitive land use receptors resulting from the construction of individual development projects. However, depending on how close an actual receptor location is to a construction site, and the type of building the receptor is(e.g., non-engineered timber and masonry building, historical building,etc.), the vibration levels at a receptor location could exceed the FTA's vibration thresholds for building damage and human annoyance(refer to the"Thresholds of Significance"section of the FIR for the applicable FTA vibration thresholds). As such, vibration impacts during construction associated with the Project could be potentially significant. Implementation of Mitigation Measures MM-NOI-2a and MM-NOI-2b would reduce these impacts; however, not to below a level of significance. A-38 ' VII. Project Alternatives A. Alternatives Considered But Rejected in the Program EIR An EIR must briefly describe the rationale for selection and rejection of alternatives. The Lead Agency may make an initial determination as to which alternatives are potentially feasible and, therefore, merit in-depth consideration, and which are clearly infeasible. Alternatives that are remote or speculative, or the effects of which cannot be reasonably predicted, need not be considered(CEQA Guidelines, Section 15126.6(0(3)). An alternative site or location for the project need not be considered when its implementation is "remote and speculative"such as the site being out of the purview of the lead agency or beyond the control of a project applicant. Alternative sites were not selected for evaluation. The CEQA Guidelines Section 15126.6(f)(2) specifies that the key question with alternative sites is"whether any of the significant effects of the project would be avoided or substantially lessened by putting the project at another location."The Project would involve adoption of a Specific Plan with the intent of revitalizing this particular location in the City and taking advantage of its attributes, including the opportunity to create a high-density urban environment and its proximity to major transportation routes.Therefore, it would not be feasible to consider other site locations for this Project.The Program EIR analyzed three other project alternatives. These three alternatives were considered but ultimately found not to meet the project's objectives as for the various reasons ' stated below. B. Alternatives Considered in the Program EIR 1. Alternative One—No Project/Existing General Plan a) Summary of Alternative This alternative is analyzed within this program-level EIR as it is required under CEQA Guidelines Section 15126.6(e). According to Section 15126.6(e)(2)of the CEQA Guidelines,the"no project"analysis shall discuss,"...what is reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services." When the project is the revision of an existing land use policy, CEQA Guidelines §15126.6(e)(3)(A) states that"the No Project Alternative will be the continuation of the existing plan...into the future." So, for the purposes of this EIR, the No Project Alternative represents development under the currently adopted General Plan as further described below. This alternative, however, does not represent a"no build"scenario in which no future development or redevelopment would occur. The No Project/Existing General Plan Alternative assumes that the Uptown Jefferson Specific Plan would not be adopted and implemented. Instead, the planning area would ' be developed according to the existing 2005 General Plan land use map, zoning,and A-39 development patterns. With buildout of the existing General Plan,total development in the Project area would amount to approximately 4.7 million square feet, representing an increase of approximately 933,708 square feet over existing conditions, including approximately 1,043,479 square feet of Community Commercial uses; 711,944 square feet of Highway Tourist Commercial uses; 1,773,719 square feet of Service Commercial uses; I,192,150 square feet of Industrial Park uses; and 12,414 square feet of Public Institutional uses. b) Reasons for Rejecting Alternative The No Project/Existing General Plan Alternative would result in greater impacts to greenhouse gas emissions, land use, noise,and traffic impacts than the proposed project due to the number of vehicle trips associated with the substantial development allowed under the No Project/General Plan Alternative. In addition, this Alternative would not emphasize the mixed use development promoted by the proposed Project, and therefore would not reduce dependence on vehicles. Finally, this Alternative would not meet the project's primary objective of updating the existing Uptown Jefferson Specific Plan. For all of these reasons, the City Council rejects this alternative as infeasible. 2. Alternative Two—Reduced Project Alternative ' a) Summary of Alternative Under this alternative, the total development would be reduced by 25 percent,which would result in a buildout of approximately 13 million square feet of commercial uses (as opposed to the 1.7 million square feet that would occur under the Project), approximately 2,795 dwelling units, and 236 hotel rooms.This alternative would include the same proposed Districts, including Uptown Center District, Uptown Hotel/Tourism District, Uptown Sports District, Uptown Arts District(with the Wilder Hills-Residential Overlay), Creekside Village District(with the Creekside Village-Commercial Overlay), and Murrieta Creek Recreation and Open Space District. Under this alternative, these districts would contain the same provisions related to density and building heights. b) Reasons for Rejecting Alternative As a result of the reduced amount of development under Alternative 2, there would be fewer trips generated per day and thus a reduction in several impacts such as noise,air quality, and traffic impacts within the Specific Plan area. In addition, since the overall development would be reduced,there would be reduced impacts to aesthetics, population and housing, public services, as well as utilities and water supplies. Alternative 2 would achieve the proposed project objectives by creating a vibrant locale by providing a mix of land uses including housing, commercial/retail, office, higher education institutions, hotels and other tourist-oriented uses,cultural uses, and open space and recreational ' opportunities; strengthening opportunities for economic development in the Specific Plan A-40 ' area by building upon existing assets as well as encouraging new public and private investment in the area that attracts high-wage, quality employment opportunities and higher education facilities; establishing a distinct identity for the Specific Plan area by beautifying Jefferson Avenue and making it"Temecula's Great Street," identifying and establishing interrelated, compatible districts and neighborhoods with their own unique identities;developing a signage strategy for wayfinding, neighborhood/district identification,and gateway monumentation that emphasizes the distinct character of the area's location, natural setting, and built environment;creating a form-based code to guide future development that allows greater density, increased building heights, design standards for architecture, street character and public realms, and flexible urban parking standards and establishing an efficient and interconnected multi-modal mobility network through circulation and transit improvements. However,Alternative 2 would not provide the most efficient use of the Specific Plan area and would therefore, not fully attain the economic potential of the project site because the allowable development for the project would be reduced by 25 percent, reducing the potential of the project's viability. Therefore, Alternative 2 would not fully achieve all of the project objectives. For this reason, the City Council rejects this alternative as infeasible. 3. Alternative Three—Reduced Residential/Increased Commercial Alternative ' a) Summary of Alternative Under this alternative,allowable floor area ratios(FARs)would be adjusted in order to decrease the total amount of residential space that would be constructed and to increase the total amount of commercial square footage that could be developed. Commercial square footage would be increased by 3 million square feet; resulting in a buildout potential of approximately 4.7 million square feet of commercial uses(as compared to the 1.7 million square feet anticipated for the Project). Residential development would also be reduced by approximately 40 percent,which would result in approximately 2,176 dwelling units(as compared to the potential 3,726 that would occur under the Project). This alternative would include the same proposed Districts, including Uptown Center District, Uptown Hotel/Tourism District, Uptown Sports District, Uptown Arts District (with the Wilder Hills-Residential Overlay), Creekside Village District(with the Creekside Village-Commercial Overlay), and Murrieta Creek Recreation and Open Space District. b) Reasons for Rejecting Alternative Due to the increased commercial development(as compared to the proposed Project)and the increased vehicle trips associated therewith, Alternative 3 would result in increased adverse air quality, noise, and traffic impacts. In addition, this alternative would not emphasize a mixed-use environment in which residents would benefit from nearby ' shopping and employment opportunities nearly as much as the proposed Project,and A-41 ' therefore this alternative would result in greater greenhouse gas emission and climate change impacts than the proposed Project. Although Alternative 3 would achieve most project objectives and would promote economic activity within the City because commercial development would be emphasized over residential development, Alternative 3 would reduce residential development by 40 percent decreasing encouragement of developing an increased number of high-quality residential neighborhoods compared to either the existing Specific Plan or the proposed project.Therefore, Alternative 3 would not achieve all of the project objectives as well as the proposed project, and would have greater adverse impacts. Therefore, the City Council rejects this alternative as infeasible. C. Environmentally Superior Alternative The CEQA Guidelines, Section 15126.6(e)(2), requires the identification of the environmentally superior alternative. While none of the alternatives would reduce the significant and unavoidable impacts related to cultural resources and construction noise,the environmentally superior alternative would be Alternative 2, the Reduced Project Alternative, as it would have potentially fewer environmental impacts to air quality, GHG, land use and planning,operational noise, and transportation and traffic as compared to the Project and the other alternatives. Alternative 2 also would meet all of the Project objectives. A summary of the potential impacts associated with the alternatives as compared to the Project is provided in EIR Table 5-5 below. TABLE 5-5: SUMMARY COMPARISON OF PROJECT ALTERNATIVE IMPACTSa Alt.3: Alt 1: Reduced No Project Alt.2: Residential/increased Alternative(No Reduced Project Commercial Uses Potential Project Impacts Development) Alternative Alternative Aesthetics Reduced Reduced Reduced Air Quality Reduced Reduced Increased Biological Resources Similar Similar Similar Cultural Resources Similar Similar Similar Geology,Soils,and Seismicity Similar Similar Similar Greenhouse Gas Emissions and Increased Reduced Increased Climate Change Hazards and Hazardous Materials Similar Similar Similar Hydrology and Water Quality Reduced Similar Similar Land Use and Planning Increased Similar Similar A-42 ' Noise and Vibration Increased Reduced Increased Population and Housing Reduced Reduced Reduced Public Services Similar Reduced Reduced Transportation and Traffic Increased Reduced Increased Utilities and Reduced Reduced Reduced Water Supply Assessment a Definitions: • Increased=impacts of alternative greater than Project's impacts • Similar=impacts of alternative similar to Project's impacts • Reduced=impacts of alternative less than Project's impacts SOURCE:Environmental Science Associates,2013, D. The Project As Proposed 1. Summary of Project The Project involves adoption of the Uptown Jefferson Specific Plan and is described in detail in the Program EIR. 2. Reasons for Selecting Project as Proposed The City Council has carefully reviewed the attributes and environmental impacts of all the ' alternatives analyzed in the Final Program EIR and has compared them with those of the proposed Project. The City Council finds that each of the alternatives is infeasible for various environmental, economic,technical, social, or other reasons set forth above. The City Council further finds that the Project as proposed is the best combination of features to serve the interest of the public and achieve the project goals. More specifically, the Project as proposed strikes a proper balance between commercial development that focuses on economic activity,and high-quality residential development that emphasizes a mixed-use environment in which residents benefit from nearby shopping and employment opportunities. This proposed Uptown Jefferson Specific Plan recognizes the need for economic activity and growth in the City but also promotes sound environmental policies due to the reduced reliance on vehicle trips(stemming from mixed use development) and proximity to public transportation. For all of these reasons,the City Council selects the Project as proposed. A-43 ' EXHIBIT B Statement of Overriding Considerations The following Statement of Overriding Considerations is made in connection with the proposed approval of the Amendment to the Uptown Jefferson Specific Plan(the"Project"). CEQA requires the decision-making agency to balance the economic, legal, social, technological or other benefits of a project against its unavoidable environmental risks when determining whether to approve a project. If the benefits of the project outweigh the unavoidable adverse effects,those effects may be considered acceptable. CEQA requires the agency to provide written findings supporting the specific reasons for considering a project acceptable when significant impacts are unavoidable. Such reasons must be based on substantial evidence in the Program FIR or elsewhere in the administrative record. The reasons for proceeding with this Project despite the adverse environmental impacts that may result are provided in this Statement of Overriding Considerations. The City Council finds that the economic, social and other benefits of the Project outweigh the significant and unavoidable impacts to air quality, noise, and cultural resources. In making this finding, the City Council has balanced the benefits of the Project against its unavoidable impacts and has indicated its willingness to accept those adverse impacts. The City Council finds that each one of the following benefits of the Project, independent of the other benefits, would warrant approval of the ' Project notwithstanding the unavoidable environmental impacts of the Project: A. The City Council finds that all feasible mitigation measures have been imposed to either lessen Project impacts to less than significant or to the extent feasible, and furthermore, that alternatives to the Project are infeasible because they generally have similar or greater impacts, or they do not provide the benefits of the Project, or are otherwise socially or economically infeasible as fully described in the Statement of Facts and Findings. B. The proposed Project strikes a proper balance between commercial development that focuses on economic activity, and high-quality residential development that emphasizes a mixed-use environment in which residents benefit from nearby shopping and employment opportunities. C. The proposed Project will reduce potential adverse environmental impacts compared with build- out under the currently-existing Uptown Jefferson Specific Plan due to its emphasis on mixed- use development and the benefits that such development provides, including reduced vehicle trips as a result of proximity to shopping, entertainment,and employment opportunities. D. The proposed Project will create additional housing units beyond what currently exists in the Uptown Jefferson Specific Plan area or what currently could be developed in that area and thus will add to the available housing stock in the City. E. The proposed Project will augment the City's economic base by providing additional tax revenues resulting from the commercial component of the proposed allowable development. C-1 ' The City Council finds that the foregoing benefits provided through approval of the Uptown Jefferson Specific Plan Project outweigh the identified significant adverse environmental impacts. The City Council further finds that each of the individual Uptown Jefferson Specific Plan Project benefits discussed above outweighs the unavoidable adverse environmental effects identified in the Final Program FIR and therefore finds those impacts to be acceptable. The City Council further finds that each of the benefits listed above, standing alone, is sufficient justification for the City Council to override these unavoidable environmental impacts. 1 C-2 Mitigation Monitonng and Reponing Program EXHIBIT C UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks Aesthetics Mitigation Measure MM-AES-1:The following light and glare Pre-Construction/ City of City of City of standards shall be applied to all future development within the Construction Temecula Temecula Temecula Specific Plan area Building Official project approval • The applicant shall ensure that all lighting fixtures contain or other and field "sharp cut-off'fixtures,and shall be fitted with flat glass and Designee verification and internal and extemal shielding. sign-off by City of Temecula • The applicant shall ensure that site lighting systems shall be grouped into control zones to allow for opening,dosing,and night light/security lighting schemes.All control groups shall be controlled by an automatic lighting system utilizing a time clock,photocell,and low voltage relays. • The applicant shall ensure that design and layout of the site shall take advantage of landscaping,on-site architectural massing,and off—site architectural massing to block light sources and reflection from cars. • Prior to the issuance of construction permits for a project- specific development within the Project area that includes outdoor lighting,the applicant shall submit an outdoor lighting plan and photometric plan to be reviewed and approved by the City of Temecula.The lighting plan shall be in compliance with Ordinance No.655 as adopted by the Riverside County Board of Supervisors and shall include,but not be limited to,the following information and standards: • Light fixtures shall not exceed 4,050 lumens; • Light fixtures shall be fully shielded so that light rays emitted by the fixtures are projected below the horizontal plane passing through the lowest point of the shield: • A map showing all lamp locations,orientations,and intensities,including security,roadway,and task lighting: • Specification of each light fixture and each light shield: • Total estimated outdoor lighting footprint,expressed as lumens per acre:and. • Specification of motion sensors and other controls to be used,especially for security lighting. • The City shall conduct a post-installation inspection to ensure that the site is in compliance with the design standards in Uptown Jefleison Spegfic Plan ESA/211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks Mitigation Measure MM-AES-1 and Riverside County Ordinance No.655. • The use of highly reflective construction materials on exterior wall surfaces.The exterior of permitted buildings shall be constructed of materials such as high performance tinted non- mirrored glass,painted metal panels and precast concrete or fabricated wall surfaces. Air Quality Mitigation Measure M1111 ta: Future project-level development Pre-Construction/ City of City of Issuance of shall incorporate the following mitigation measures to minimize Construction Temecula Temecula Grading Permit emissions of NOx associated with construction activities for the Building Official and field Project: or other verification and • Construction activities shall require the use of 2010 and newer Designee sign-off by City diesel haul trucks(e.g.,material delivery trucks and soil of Temecula imporUexport)to the extent feasible.l Under conditions where it is determined that 2010 model year or newer diesel trucks are not readily available or obtainable for a project,the applicant shall be required to provide this evidence to the City and shall instead use trucks that meet USEPA 2007 model year NOx emissions requirements.2 • Off-road diesel-powered construction equipment greater than 50 horsepower(hp)shall meet USEPA Tier III off-road emissions standards.In addition,construction equipment shall be outfitted with BACT devices certified by CARB.A copy of each unit's certified tier specification,BACT documentation, and CARB or SCAQMD operating permit shall be provided at the time of mobilization of each applicable unit of equipment. Under conditions where a newer or alternative technology becomes available in the future that would result in either equivalent or larger reductions in NOx emissions than the use of tiered construction equipment,that technology shall be applied.Where alternatives to USEPA Tier III equipment are chosen for a project,the applicant shall be required to show evidence to the City that comparable NOx emissions reductions that are no less than what could be achieved by a 1 CARS's On-Road Heavy-Duty Diesel Vehicle(In-Use)Regulation requires the phase-in of 2010 model year engines or equivalent by January 1,2023.Under this regulation,PM and NOx emissions are projected to be reduced by approximately 3 tons per day and 88 tons per day,respectively,in 2023. 2 As the 2010 model year engines or equivalent would be gradually phased in over time in California,these engines may not always be readily available for the construction activities associated with the Project.As such, under these circumstances the USEPA 2007 model year NOx emissions standards,which were scheduled to be phaseo m for heavy-duty highway engines between 2007 and 2010,would be used instead. Uptown Jaflarson Speufic Plan 2 ESA 1211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks Level 3 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations would be achieved. • After January 1,2015,off-road diesel-powered construction equipment greater than 50 hp shall meet the Tier IV emission standards,where available. Under conditions where it is determined that equipment meeting Tier IV emission standards are not readily available or obtainable for a project,the applicant shall be required to provide this evidence to the City and shall instead use USEPA Tier III equipment.In addition, construction equipment shall be outfitted with BACT devices certified by CARB.Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations.A copy of each unit's certified tier specification,BACT documentation,and CARB or SCAQMD operating permit shall be provided at the time of mobilization of each applicable unit of equipment. Mitigation Measure MM-AIR-1 b:Future project-level development shall incorporate the following in the construction specifications of a development project: • Require that construction-related equipment,including heavy- duty equipment,motor vehicles,and portable equipment,shall be turned off when not in use for more than five minutes. Require that construction operations rely on the electricity infrastructure surrounding the construction site rather than electrical generators powered by internal combustion engines to the extent feasible. Mitigation Measure MM-AIR-1 c:Future project-level development shall document project construction emissions prior to City approval of a project.If it is shown that a development would generate construction-related VOC emissions exceeding SCAQMD's threshold,the architectural coatings phase for that project shall use coatings and solvents with a VOC content lower than that required under SCAQMD Rule 1113. Mitigation Measure MM-AIR-td:The City shall encourage all construction contractors to apply for SCAQMD"SOON"funds,which provides funds to accelerate cleanup of off-road diesel vehicles such as heavy-duty construction equipment. Uptown Jefferson Spedfic Plen 3 ESA/211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks Mitigation Measure MM-AIR-3: Prior to City approval of an Pre-Construction/ City of City of City of individual development project that would have the construction Construction Temecula Temecula Temecula equipment and activity listed below,a project-specific LST analysis Building Official project approval shall be prepared and submitted that identifies the resulting or other and field construction emissions and demonstrates how the emissions would Designee verification and not exceed SCAQMD's LSTs or result in pollutant emissions that sign-off by City would cause or contribute to an exceedance of the most stringent of Temecula applicable federal or state ambient air quality standards. • Requires more than a maximum of six pieces of heavy-duty diesel equipment operating concurrently for eight hours per day; • Involves more than a maximum daily amount of 3,500 cubic yards of dirt handling associated with grading activities; • Requires more than 10 miles of on-site travel by haul trucks per day;and, • Involves an on-site storage(soil)pile of more than 0.02 acres Mitigation Measure MM-AIR-4:Prior to City approval of future Pre-Construction/ City of City of City of project-specific residential developments within the Project area and Construction Temecula Temecula Temecula located within 500 feet of 1-15,a health risk assessment(HRA)shall Building Official project approval be conducted to evaluate the health risks to these residential or other and field developments associated with TACs from the mobile sources Designee verification and traveling along the portion of 1-15 that is adjacent to the Project sign-off by City area. Based on the findings in the HR4,appropriate measures shall of Temecula be taken,if necessary,to reduce the cancer risk resulting from TAC- exposure from 1-15 to below 10 in one million for the maximally- exposed individual.These measures may include,but are not limited to,relocating the residential development beyond 500 feet of the freeway or implementation of appropriate Minimum Efficiency Reporting Value(MERV)filters at the residential development. Biological Resources Mitigation Measure MM-13I0-1:Prior to any ground-disturbing Pre-Construction/ City of City of Certified activities for individual development projects,pre-construction Construction Temecula Temecula Environmental clearance surveys shall be conducted in accordance with Section Qualified Review 6.0 of the Multiple Species Habitat Conservation Program(MSHCP) Biologist Document for special-status plant species in suitable habitat areas that will be subject to ground-disturbing activities.The surveys will be conducted in the appropriate season.All special-status plant species observed shall be marked and afforded a level of protection within 100 feet of the construction footprint,per the terms and conditions of the MSHCP.As appropriate,the special-status or Uptown Jefferson Speafic Plan 4 ESA/211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks habitats of concern mapping within the construction limits shall be updated.A biologist will provide verification and report through memorandum to the Western Riverside County Regional Conservation Authority(RCA)Monitoring Program Administrator. Mitigation Measure MM-810-2:Impacts to raptors and other Pre-Construction/ City of City of Issuance of migratory birds shall be avoided by the implementation of one of the Construction Temecula Temecula grading permit following measures: Qualified and field • All construction and ground disturbing activities shall take Biologist verification and place outside of the raptor breeding season(February 1- sign-off by City August 30). of Temecula • If construction and ground disturbing activities are necessary during the breeding season(February 1-August 30),a focused survey for active nests of raptors and migratory birds shall be conducted by a biologist(a person possessing a bachelors in science with a minimum of one year nest survey experience performing raptor surveys).The survey shall occur a maximum of 14 days prior to any construction or ground- disturbing activities.If active nest(s)(with eggs or fledglings) are identified within the project site,(CDFW for state listed species,species of special concem,and MSHCP covered species;USFWS for birds covered under the Migratory Bird Treaty Act and listed species)they shall not be disturbed until the young have hatched and fledged(matured to a state that they can leave the nest on their own).A 500-foot construction setback from any active nesting location shall be adhered to in order to avoid disturbance of the nest until the young have fledged or the nest has failed,as determined by a qualified biologist.If no active nests are identified,construction may commence. Mitigation Measure MM-8103:Future development that occurs Pre-Construction/ City of City of City of outside of land designated as Developed/Disturbed on Figure 3.3-1 Construction Temecula Temecula Temecula of the Draft EIR,which depicts vegetation communities within the Qualified project approval project area,shall be surveyed by a qualified biologist Biologist and field (i.e.,knowledgeable in burrowing owl biology)using MSHCP verification and approved burrowing owl survey protocols within 30 days prior to sign-off by City construction to determine presence/absence of burrowing owl.If no of Temecula burrowing owls are identified on the site during these pre- construction surveys,no additional mitigation is necessary and construction can commence.If burrowing owl(s)are found on-site, the City and RCA will be notified.The following species-specific mitigation actions would be required if burrowing owls are found: uptoxn Jefferson Spedfic Plan 5 ESA/211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks • Since burrow owl is a covered species under the MSHCP, adequate conservation of the species and its habitat are achieved through participation in the MSHCP.Avoidance of the active burrow(s)is the preferred method to reduce potential impacts to burrowing owl to a less than significant level. • However,if the proposed project cannot avoid the active burrow(s),owls within active burrow(s)may be evicted with the use of one-way doors and passively relocated to suitable habitat with natural or artificial burrows within 100 meters of the proposed project site,as regulated by the RCA. • If eviction/passive relocation is not feasible,preparing and implementing an active translocation plan,if appropriate and approved by the RCA and CDFW that includes identifying a receptor site for the owl(s),may also be acceptable. • However,if 3 or more pairs of burrowing owls are observed on 35-plus acres of suitable habitat,onsite conservation of the habitat is required by the MSHCP in accordance with Section 6.3.2 of the MSHCP Plan.Onsite conservation of habitat will be negotiated between the project applicant and the RCA through a Determination of Biologically Equivalent or Superior Preservation(DBESP) and/or a Habitat Assessment and Negotiation Strategy (HANS)application. Mitigation Measure MM-13I0-4:The specific MSHCP conservation Pre-Construction/ City of City of Field objectives for fairy shrimp shall be met through implementation of Construction Temecula Temecula verification and the Riparian/Riverine Areas and Vernal Pools Policy presented in Qualified sign-off by City Section 6.1.2 of the MSHCP.Prior to City approval of an individual Biologist of Temecula development project located outside of land designated as Developed/Disturbed on Figure 3.3-1,an assessment of the construction footprint shall be conducted to determine whether suitable wetlands or seasonally inundated habitats(vemal pools, stock ponds,ephemeral ponds,impoundments,road ruts,or other human-modified depressions)currently exist within the construction footprint.Wetland mapping assembled as part of that policy shall be reviewed as part of the project review process and,if suitable fairy shrimp habitat is identified on the wetland maps and cannot be avoided,a single-season dry or wet season survey for fairy shrimp species shall be conducted by a qualified biologist in accordance with the sampling methods described in the 1996 JSFWS Interim Uptown Jefferson Speaft Plan 6 ESA 1211247 MMRP My 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks Survey Guidelines to Pennittees for Recovery Permits under Section 10(a)(1)(A)of the Endangered Species Act for the Listed Vernal Pool Branchiopods.If survey results are positive,a certain percentage of the occupied portions of the property that provide for long-tens conservation value for the fairy shrimp shall be conserved.The MSHCP provides general guidance which suggests ninety percent of the occupied portions of the site shall be conserved and ten percent of the occupied portions allowed for development under the MSHCP;however,the required conservatiordimpact ratio shall be determined by the RCA on a project-by-project basis. If listed branchiopods are detected,then the following restriction and protection will be implemented to avoid or minimize impacts to the resource during construction: Seasonal Vernal Pool Work Restriction.For seasonal avoidance of special-status vernal pool branchiopods and vernal pool-dependent species(e.g.,western spadefoot toad),the contractor will not work within 250 feet of aquatic habitats suitable for these species(e.g., vernal pools and other seasonal wetlands)from October 15 to June 1 (corresponding to the rainy season),or as determined through informal or formal consultation with the RCA Monitoring Program Administrator and/or USACE.Ground-disturbing activities may begin once the habitat is no longer inundated for the season.If any work remains to be completed after October 15 exclusion fencing and erosion control measures will be placed at the vernal pools(or other seasonal wetlands)by the contractor under supervision of the a biologist.The fencing will act as a buffer between ground- disturbing activities and the vernal pools and other seasonal wetlands as determined through consultations with the RCA Monitoring Program Administrator,and/or USACE.The biologist will document compliance with the fencing requirement through a memorandum submitted to the RCA Monitoring Program Administrator. Implement and Monitor Vernal Pool Protection. If temporary impacts can be avoided,the vernal pool(s)will be protected by erecting exclusion fencing.The contractor,under the supervision of the project biologist,will erect and maintain the exclusion fencing. Resource agency consultations with the RCA Monitoring Program Administrator and/or USACE will occur as needed. If vernal pools and/or listed branchiopods are detected,and an avoidance alternative is not feasible,then the following measures shall be implemented: Uptown Jefferson Speafic Plan 7 ESA 1 211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks Determination of Biologically Equivalent or Superior Preservation (DBESP). In accordance with Section 6.1.2 of the MSHCP,a DBESP shall be prepared as part of an individual development project approval by the City to ensure replacement of any lost functions and values of habitat as it relates to vernal pools and listed branchiopods.The DBESP shall contain a mitigation strategy, subject to the approval of the RCA,which may contain on-site habitat creation and conservation,or off-site land acquisition in an approved mitigation bank for vernal pools and listed branchiopods; each is described below. On-site Habitat Creation.Should an avoidance alternative not be feasible,vernal pool basins and watershed shall be created on-site at a replacement ratio of 1:1,subject to the approval of the RCA.If on-site restoration is infeasible,an appropriate off-site location will be selected that exhibits the appropriate vernal pool soil conditions. The required off-site replacement ratio shall be determined by the RCA based on the specifics of the project.Vernal pool restoration sites shall be conserved in perpetuity through a conservation easement,deed restriction,or other appropriate mechanism.Specifications for the creation of habitat and a long- term monitoring program(typically five years,complete with success criteria)shall be included in the DBESP. OH-site Land Acquisition.Should both an avoidance alternative and habitat creation not be feasible,then off-site land acquisition in an approved mitigation bank for vernal pools and listed branchiopods shall be implemented at a replacement ratio of 1:1,subject to the approval of the RCA.The required replacement ratio shall be determined by the RCA on a project by project basis.Mitigation through off-site acquisition shall occur by purchasing vernal pool mitigation credits at the Be"Jones(aka Skunk Hollow)Wetland Mitigation Bank. Mitigation Measure MM-13I0-5:Prior to any ground-disturbing Pre-Construction/ City of City of Issuance of activities associated with individual development projects,a Construction Temecula Temecula grading permit biologist or designee shall conduct a visual and acoustic survey for Qualified and field roosting bats according to accepted protocol.The biologist will Biologist verification and contact the RCA Monitoring Program Administrator,and/or CDFW if sign-off by City any hibernation roosts or active nurseries are identified within the of Temecula construction footprint.The biologist will submit a memorandum documenting compliance to the RCA Monitoring Program Administrator. Bat Exclusion and Deterrence. During ground-disturbing activities,if individual or groups of bats are found within the construction Uptown Jefferson Specific Plan B ESA 1211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks footprint,the bats shall be safely excluded by either opening the roosting area to change lighting and airflow conditions,or by installing one-way doors,or other appropriate methods specified by the RCA Monitoring Program Administrator and/or CDFW.The contractor will leave the roost undisturbed by project-related activities for a minimum of one week after implementing exclusion and/or eviction activities.The contractor will not implement exclusion measures to evict bats from established maternity roosts. The Biologist will submit a memorandum documenting compliance to the RCA Monitoring Program Administrator. Cultural Resources Mitigation Measure MM-CUL-1: Individual development projects or Pre-Construction City of City of City of other ground disturbing activities such as installation of utilities,shall Temecula Temecula Temecula be subject to a Phase I cultural resources inventory on a project- qualified Project specific basis prior to the City's approval of project plans.The study Archaeologist Approval; shall be carded out by a qualified archaeologist,defined as an and Pechanga verification by archaeologist meeting the Secretary of the Interior's Standards for tribal City of professional archaeology,and shall be conducted in consultation representatives Temecula in with the Pechanga Band of Luiseno Indians.The cultural resources consultation inventory would consist of:a cultural resources records search to be with Pechanga conducted at the Eastern Information Center;scoping with the Tribe Native American Heritage Commission(NAHC)and with interested Native Americans identified by the NAHC:a pedestrian archaeological survey where deemed appropriate by the archaeologist;and recordation of all identified archaeological resources on California Department of Parks and Recreation 523 forms.If potentially significant cultural resources are encountered during the survey,the City shall require that the resources are evaluated for their eligibility for listing in the California Register of Historical Resources and for significance as a historical resource or unique archaeological resource per CEQA Guidelines Section 15064.5.Recommendations shall be made for treatment of these resources if found to be significant,in consultation with the City and the Pechanga Band of Luiseno Indians.Per CEQA Guidelines Section 15126.4(b)(3),project redesign and preservation in place shall be the preferred means of mitigation to avoid impacts to significant cultural resources,including prehistoric and historic archaeological sites,locations of importance to Native Americans, human remains,historical buildings,structures and landscapes. Methods of avoidance may include,but shall not be limited to, project re-route or re-design,project cancellation,or identification of protection measures such as czipping or fencing.Consistent with Uptown Jetrerson Spedfic Plan g MMRP ESA 1211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks CEQA Guidelines Section 15126.4(b)(3)(C),if it is demonstrated that resources cannot be avoided,the qualified archaeologist shall develop additional treatment measures,which may include data recovery or other appropriate measures,in consultation with the City and the Pechanga Band of Luiseno Indians.The City shall conduct consultation with the Pechanga Band of Luiseno Indians on a project-specific basis. In addition,the project proponent shall retain archaeological monitors and Native American monitors from the Pechanga Band of Luiseno Indians during ground-disturbing activities that have the potential to impact significant cultural resources as determined by a qualified archaeologist in consultation with the City. During project-level construction,should prehistoric or historic subsurface cultural resources be discovered,all activity in the vicinity of the find shall stop and a qualified archaeologist,in consultation with the Pechanga Band of Luiseno Indians,will be contacted to assess the significance of the find according to CEQA Guidelines Section 15064.5.If any find is determined to be significant,the archaeologist shall determine,in consultation with the City and the Pechanga Band of Luiseno Indians,appropriate avoidance measures or other appropriate mitigation.Per CEQA Guidelines Section 15126.4(b)(3),project redesign and preservation in place shall be the preferred means to avoid impacts to significant cultural resources.Methods of avoidance may include,but shall not be limited to,project re-route or re-design,project cancellation,or identification of protection measures such as capping or fencing. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C),if it is demonstrated that resources cannot be avoided,the qualified archaeologist shall develop additional treatment measures in consultation with the City,which may include data recovery or other appropriate measures,in consultation with the Pechanga Band of Luiseno Indians.All significant cultural materials recovered will be, as necessary and at the discretion of the consulting archaeologist, and in consultation with the Pechanga Band of Luiseno Indians, subject to scientific analysis,professional museum curation,and documentation according to current professional standards. Uptown Jefferson Speafic Plan 1 D ESA 1 211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks Mitigation Measure MM-CUL-2:Projectaevel development Pre-Construction/ City of City of City of involving ground disturbance and containing structures 50 years old Construction Temecula Temecula Temecula or older shall be subject to a historic built environment survey,and qualified Project potentially historic structures shall be evaluated for their potential Historian or Approval; historic significance,prior to the City's approval of project plans.The Architectural verification by survey shall be carried out by a qualified historian of architectural Historian City of historian meeting the Secretary of the Interior's Standards for Temecula in Architectural History.Consultation with the Pechanga Band of consultation Luiseho Indians shall also occur during the evaluation.If potentially with Pechanga significant resources are encountered during the survey,demolition Tribe or substantial alteration of such resources identified shall be avoided.If avoidance of identified historic resources is deemed infeasible,the City shall require the preparation of a treatment plan to include,but not limited to,photo-documentation and public interpretation of the resource.The plan will be submitted to the City for review and approval prior to implementation. Mitigation Measure MM-CULJ:For project-level development Pre-Construction/ City of City of Verification by involving ground disturbance,a qualified paleontologist shall be Construction Temecula Temecula in City of retained to determine the necessity of conducting a study of the consultation Temecula in project area(s)based on the potential sensitivity of the project site with Pechanga consultation for paleontological resources.If deemed necessary,the Tribe with Pechanga paleontologist shall conduct a paleontological resources inventory Tribe designed to identify potentially significant resources.The paleontological resources inventory would consist of:a paleontological resources records search to be conducted at the San Bernardino County Museum and/or other appropriate facilities; a field survey where deemed appropriate by the paleontologist;and recordation of all identified paleontological resources.The paleontologist shall provide recommendations regarding additional work for the project.Impacts to significant paleontological resources,if identified,shall be avoided. In addition,the project proponent shall retain paleontological monitors during construction for ground-disturbing activities that have the potential to impact significant paleontological resources as determined by a qualified paleontologist. In the event that paleontological resources are discovered,the project proponent will notify a qualified paleontologist.The paleontologist will document the discovery as needed,evaluate the potential resource,and assess the significance of the find under the criteria set forth in CECA Guidelines Section 15064.5.If fossil or fossil bearing deposits are discovered during construction, excavations within 50 feet of the find will be temporarily hatted or upb.Jefferson Spedfic Plan 11 ESA 1211247 MMRP July 2015 � s � Mitigation Monitoring and Reposing Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks diverted until the discovery is examined by a qualified paleontologist,in accordance with Society of Vertebrate Paleontology standards.The paleontologist will notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find.If avoidance is determined to be infeasible,the qualified paleontologist shall implement a paleontological mitigation program. At each fossil locality,field data forms shall be used to record pertinent geologic data,stratigraphic sections shall be measured, appropriate sediment samples shall be collected and submitted for analysis,and any other activities necessary for the timely and professional documentation and removal of fossils.Any fossils encountered and recovered shall be prepared to the point of identification,catalogued,and donated to a public,non-profit institution with a research interest in the materials.Accompanying notes,maps,and photographs shall also be fled at the repository. Mitigation Measure MM-CULd:Project-level development Construction City of City of Verification by involving ground disturbance within the Project area shall address Temecula in Temecula in City of the potential discovery and proper treatment of human remains, consultation consultation Temecula in which is always a potential in areas that have not been previously with with Pechanga consultation disturbed or only partially disturbed through prior development.The Pechanga Tribe with Pechanga City shall require that if human remains are uncovered during Tribe Tribe project construction,work in the vicinity of the find shall cease and the Riverside County coroner shall be contacted to evaluate the remains,following the procedures and protocols set forth in Section 15064.5(e)(1)of the CEDA Guidelines.If the County coroner determines that the remains are Native American,the coroner will contact the Native American Heritage Commission,in accordance with Health and Safety Code Section 7050.5,subdivision(c).and Public Resources Code 5097.98(as amended by AB 2641).The NAHC will then designate a Most Likely Descendent of the deceased Native American,who will engage in consultation to determine the disposition of the remains. Geology,Soils,and Seismicity Mitigation Measures MM-HYD-1 and MM-HYD-2 See MM-HYD-1 See MM- See MM-HYD-1 See MM-HYD-1 and MM-HYD 2 MM-HYD-1 and MM-HYD 2 antl MM-HYD 2 and MM- HYD 2 Uptov Jefferson Speafic Plan 12 ESA 1211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks Hazards and Hazardous Materials Mitigation Measure MM-HAZ-ia:For individual development Pre-Construction/ City of City of Issuance of projects within the Project area,the applicant shall retain a qualified Construction Temecula Temecula Grading Permit environmental consulting fin to conduct a Phase I Environmental Building Official and field Site Assessment in accordance with ASTM standard E1527-05 prior or other verification and to building permit approval.Any recommendations made in the Designee sign-off by City Phase I report as well as any remediation as required by the of Temecula overseeing agency shall be completed prior to commencement of any construction activities. Mitigation Measure MM-HAZ-1 b:Any subsurface materials Pre-Construction/ Riverside City of Field exposed during construction activities that appear suspect of Construction County Temecula verification and contamination,either from visual staining or suspect odors,shall Department sign-off by City require immediate cessation of excavation activities and notification of of Temecula of the Riverside County Department of Environmental Health.Soils Environment and Riverside suspected of contamination through visual observation or from at Health County observed odors,shall be segregated from other soils and placed on Department of and covered by plastic sheeting and characterized for potential Environmental contamination in accordance with direction received from the Health County.If contamination is found to be present,any further proposed groundbreaking activities within areas of identified or suspected contamination shall cease and shall not resume until a site specific health and safety plan,prepared by a licensed professional and approved by Department of Environmental Health, has been completed and submitted to the City. Mitigation Measure MM-HAZ-1c:Any groundwater generated Construction RWQCB City of Field during construction dewatedng shall be contained and profiled in Temecula verification and accordance with Regional Water Quality Control Board(RWQCB)or Building Official sign-off by City Temecula Valley Regional Water Reclamation Facility requirements or other of Temecula depending on whether water will be discharged to storm drains or Designee sanitary sewers.Any water that does not meet permitted requirements by these two agencies shall be transported offsite for disposal at an appropriate facility,or treated,if necessary to meet applicable standards,prior to discharge in accordance with approval from the RWQCB or Temecula Valley Regional Water Reclamation Facility. Uptown Jefferson Speafic Plan 13 ESA 1 211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks Hydrology and Water Quality Mitigation Measure MM-HYD-1 :Development construction that Pre-Construction/ City of City of Issuance of disturbs one acre or more individually shall comply with the NPDES Construction/ Temecula Temecula Building Permit, Construction General Permit regulations in effect at the time so as Post-Construction Building Official review of plans, not to violate any water quality standards or waste discharge or other field verification requirements.Compliance with the Construction General Permit Designee and sign-off by would include filing of a Notice of Intent with the SWRCB and the City of preparation of a SWPPP incorporating construction BMPs for Temecula control of erosion and sedimentation contained in stormwater runoff. Development construction that disturbs less than one acre individually shall comply with the MS4 permit issued by the SDRWQCB in effect at the time so as not to violate any water quality standards or waste discharge requirements.Compliance with the MS4 permit for construction projects disturbing less than an acre would require the preparation of a construction BMP plan detailing erosion,sediment,and waste management control BMPs to be implemented throughout construction to be submitted and approved by the City of Temecula. Mitigation Measure MM-HYD-2:As a condition of approval,each Pre-Construction/ City of City of Issuance of future development project will be required to generate a project- Construction/ Temecula Temecula Building Permit, specific Water Quality Management Plan(WQMP),as required by Post-Construction Building Official review of plans, the City of Temecula Stormwater Ordinance and as specified in the or other field verification City's Jurisdictional Runoff Management Plan,which will ensure that Designee and sign-off by the project implements specific water quality features to meet the City of City's MS4 Permit and Stormwater Ordinance requirements. Temecula Potential BMPs required by the WQMP include scheduling, minimization of vegetation disturbance vehicle fueling and maintenance in designated areas,and storm drain stenciling. This WQMP shall be reviewed and approved by the City of Temecula prior to the issuance of a building or grading permit. Mitigation Measure MM-HYDJ:As a condition of approval,each Pre-Construction/ City of City of Issuance of future development project will be required to generate a project- Construction/ Temecula Temecula Building Permit, specific Drainage or Hydrology Study,as required by the City of Post-Construction Building Official review of plans, Temecula Stormwater Ordinance and as specified in the City's or other field verification Jurisdictional Runoff Management Plan,which will ensure that the Designee and sign-off by project implements specific hydromodification features to meet the City of City's MS4 Permit and Stormwater Ordinance requirements. Temecula Potential hydromodification features identified may include detention or infiltration basins(i.e.,intercept,store,infiltrate,evaporate,and evapotranspire).The project-specific Drainage or Hydrology Study shall be reviewed and approved by the City of Temecula prior to the uptown JeRemon Speafic Plan 14 ESA 1211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks issuance of a building or grading permit. Noise and Vibration Mitigation Measure MM-NOI-la:Prior to the issuance any grading Pre-Construction/ City of City of Issuance of or building permits for project-specific development,the applicant Construction Temecula Temecula Grading or shall provide evidence to the City that the development will not Building Official Building exceed the City's exterior noise standards for construction(see or other Permits and Table 3.10-5).If it is determined that City noise standards for Designee field verification construction activities would be exceeded,the applicant shall submit and sign-off by a construction-related exception request to the City Manager at City of least one week in advance of the project's scheduled construction Temecula activities,along with the appropriate inspection fee(s),to ensure that the project's construction noise levels would be granted an exception from the noise standards set forth in Section 9.20.040 of - the City of Temecula Municipal Code.If a construction-related exception request is denied by the City,design measures shall be taken to reduce the construction noise levels to the maximum extent feasible to achieve compliance with the City's construction noise standards.These measures may include,but are not limited to,the erection of noise barriers/curtains,use of advanced or state-of-the- art mufflers on construction equipment,and/or reduction in the amount of equipment that would operate concurrently at the development site. Mitigation Measure MM-NOI-1 b:Project-specific development Pre-Construction/ City of City of Issuance of located within the Project area shall: Construction Temecula Temecula Grading Permit • Ensure that noise and groundborne vibration construction Building Official and field activities whose specific location on a construction site may be or other verification and by City sign-off flexible(e.g.,operation of compressors and generators, Designee of Temecula cement mixing,general truck idling)shall be conducted as far as passible from the nearest noise-and vibration-sensitive land uses. • Ensure that the use of construction equipment or construction methods with the greatest peak noise generation potential will be minimized.Examples include the use of drills and jackhammers.When impact tools(e.g.,jack hammers, pavement breakers,and caisson drills)are necessary,they shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools.Where use of pneumatic tools is unavoidable,an exhaust muffler on the compressed air exhaust shall be used;this muffler can lower noise levels from the exhaust by up to about 10 dBA.External jackets on the Uptow Jefferson Speafic Plan 15 ESA/211207 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks tools themselves shall be used where feasible;this could achieve a reduction of 5 dBA.Quieter procedures,such as use of drills rather than impact tools,shall be used whenever feasible. • Locate stationary construction noise sources away from adjacent receptors and muffled and enclosed within temporary sheds,incorporate insulation barriers,or other measures to the extent feasible. • Ensure that all construction truck traffic is restricted to routes approved by the City of Temecula,which shall avoid residential areas and other sensitive receptors,to the extent feasible. • Designate a construction relations officer to serve as a liaison with surrounding residents and property owners who is responsible for responding to address any concems regarding construction noise and vibration.The liaison's telephone number(s)shall be prominently displayed at construction locations. • Hold a preconstruction meeting with the City's job inspectors and the general contractor or onsite project manager to confirm that noise and vibration mitigation and practices (including construction hours,sound buffers,neighborhood notification,posted signs,etc.)are implemented. Mitigation Measure lifil .2a:The operation of construction Pre-Construction/ City of City of Issuance of equipment that generates high levels of vibration,such as large Construction Temecula Temecula Grading Permit bulldozers,loaded trucks,and caisson drills,shall be prohibited Building Official and field within 45 feet of residential structures and 35 feet of institutional or other verification and structures during construction of any project-specific development in Designee sign-off by City the Project area,to the extent feasible.Small,rubber-tired of Temecula construction equipment shall be used within this area during demolition and/or grading operations to reduce vibration effects where feasible. Mitigation Measure MM-NOI-2b:Operation of jackhammers shall be prohibited within 25 feet of existing residential structures and 20 feet of institutional structures during construction activities associated with any project-specific development in the Project area,to the extent feasible. Mitigation Measure MM-NOI.3:For project-specific development, Pre-Construction/ City of City of Issuance of the applicant shall provide evidence to the City that operational Construction/ Temecula Temecula Grading Permit noise levels generated by the development would exceed the City's Post-Construction Building Official and field Uptown Jefferson Speafic Plan 16 ESA 1211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks permissible exterior noise standards.If City noise standards would or other verification and be exceeded,design measures shall be taken to ensure that Designee sign-off by City operational noise levels would be reduced to levels that comply with of Temecula the permissible City noise standards.These measures may include, but are not limited to,the erection of noise walls,use of landscaping,and/or the design of adequate setback distances for the new developments. Mitigation Measure MM-N011a: Individual development projects Pre-Construction/ City of City of City of shall minimize noise impacts from mechanical equipment,such as Construction/ Temecula Temecula Temecula ventilation and air conditioning units,by locating equipment away Post-Construction Building Official project approval from receptor areas,installing proper acoustical shielding for the or other and field equipment,and incorporating the use of parapets into building Designee verification and design to ensure that noise levels do not exceed the ambient noise sign-off by City level on the premises of existing development by more than five of Temecula decibels.. Mitigation Measure MM-NOldb:Prior to City approval of a residential development project within the Project area,the applicant shall provide documentation to the City that all exterior windows associated with a proposed residential development will be constructed to provide a sufficient amount of sound insulation to ensure that interior noise levels would be below an Le,or CNEL of 45 dB in any habitable room. Mitigation Measure MM-NOI-5:Prior to City approval of a project- Pre-Construction/ City of City of City of specific development within the Project area,the applicant shall Construction/ Temecula Temecula Temecula provide evidence to the City that the City's noise/land use Post-Construction Building Official project approval compatibility standards are met for the land use being developed. or other and field Measures that can be taken to ensure compliance with the City's Designee verification and noise/land use compatibility standards include,but are not limited sign-off by City to,the erection of noise walls,use of landscaping,and/or the design of Temecula of adequate setback distances. Transportation and Traffic Mitigation Measure MM-TRA-1:The City shall monitor the Pre-ConstructioN City of City of Issuance of performance of the intersections listed below on an on-going basis Construction Temecula Temecula Grading Permit and ensure that signal timing optimization occurs at these Engineer or and Issuance of intersections prior to or concurrent with Project-related development other Designee a Certificate of that would increase the AM peak-hour delay by more than two Occupancy seconds. • Ynez Road&Winchester Road—AM peak hour(Project's fair- share contribution for this mitigation measure is 10 percent) • Nicholas Road&Winchester Road—AM peak hour Project's Uptov Jenerson Speafic Plan 17 ESA 211247 MMRP Jury 2015 Mitigation Monitonng and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks fair-share contribution for this mitigation measure is 5 percent) Prior to the issuance of the initial building permit for each project- specific development within the Project area,the applicant shall pay its fair share,as determined by the City,toward the signal timing optimization for the intersections listed herein. Mitigation Measure MM-TRA-2:The City shall monitor the Pre-Construction/ City of City of Issuance of performance of the intersections listed below on an on-going basis Construction Temecula Temecula Grading Permit and ensure that the following improvements occur at these Engineer or and Issuance of intersections prior to or concurrent with Project-related development other Designee a Certificate of that would increase the AM peak-hour delay by more than two Occupancy seconds. • At the intersection of Jefferson Avenue at Cherry Street/ Proposed French Valley Parkway,the westbound approach lane shall be re-configured from one left turn lane,two through lanes,and a shared through-right turn lane to two left turn lanes,one through lane and one shared lane(Project's fair- share contribution is 10 percent). • At the intersection of Winchester Road and Murrieta Hot Springs Road,add a right-turn overlap traffic signal phase to the southbound direction(Project's fair-share contribution is 5 percent). • At the 1-15 Southbound Ramps and Temecula Parkway,add an exclusive right-turn lane to the northbound direction (Project's fair-share contribution is 5 percent). Prior to the issuance of the initial building permit for each project- specific development within the Project area,the applicant shall pay its fair share,as determined by the City,toward the improvements for the intersections listed herein. uptown Jenamon Speafic Plan 1$ ESA/211207 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks Utilities and Water Supply Assessment Mitigation Measure MM-UTL-1 a:Prior to the issuance of Pre-Construction City of City of Issuance of construction permits for a project-specific development within the Temecula Temecula construction Project area,the project applicant shall pay its fair share of Eastern Building Official permits,and Municipal Water District mitigation fees to upsize the impacted or other sign-off by City sewer pipelines at Jefferson Avenue,via Montezuma and Del Rio Designee of Temecula Road. Mitigation Measure MM-UTL-1b:Prior to issuance of construction permits for a project-specific development within the Project area, the project applicant shall pay Eastern Municipal Water District's then in effect Financial Participation Charge associated with obtaining sewer service. Uplown Jeftarson Speufic Plan 19 ESA 1211247 MMRP July 2015