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HomeMy WebLinkAbout2015 Uptown Temecula Specific Plan Final EIR (July 1, 2015)Final Environmental Impact ReportSCH #2013061012Project #LR 10-0014 Prepared forCity of Temecula July 2015 UPTOWN JEFFERSON SPECIFIC PLAN 626 Wilshire BoulevardSuite 1100 Los Angeles, CA 90017213.599.4300www.esassoc.com Oakland Orlando Palm Springs Petaluma Portland Sacramento San Diego San Francisco Santa Cruz Seattle Tampa Woodland Hills 211247 Final Environmental Impact ReportSCH #2013061012Project #LR 10-0014 Prepared forCity of Temecula July 2015 UPTOWN JEFFERSON SPECIFIC PLAN TABLE OF CONTENTS Uptown Jefferson Specific Plan Final EIR Page 1. Introduction .................................................................................................................. 1-1 1.1 Background ........................................................................................................... 1-1 1.2 Use of the Final EIR and the CEQA Process ........................................................ 1-2 1.3 Method of Organization ........................................................................................ 1-3 1.4 Focus of Comments .............................................................................................. 1-3 1.5 Environmental Impacts and Mitigation Measures ................................................. 1-4 2. Errata ............................................................................................................................ 2-1 Biological Resources and Wetlands (Section 3.3 of the Draft EIR) ................................ 2-1 Cultural Resources (Section 3.4 of the Draft EIR) .......................................................... 2-3 Public Services (Section 3.12 of the Draft EIR) .............................................................. 2-4 3. Response to Comments .............................................................................................. 3-1 Letter 1: California Department of Transportation .......................................................... 3-3 Response to Letter 1 ............................................................................................... 3-5 Letter 2: State Clearinghouse and Planning Unit ........................................................... 3-7 Response to Letter 2 ............................................................................................... 3-9 Letter 3: California Department of Fish and Wildlife ..................................................... 3-10 Response to Letter 3 ............................................................................................. 3-18 Letter 4: Eastern Municipal Water District .................................................................... 3-22 Response to Letter 4 ............................................................................................. 3-32 Letter 5: Riverside County Flood Control and Water Conservation District .................. 3-33 Response to Letter 5 ............................................................................................. 3-34 Letter 6: Temecula Valley Unified School District ........................................................ 3-35 Response to Letter 6 ............................................................................................. 3-37 Letter 7: Neil Cleveland, City Resident ........................................................................ 3-39 Response to Letter 7 ............................................................................................. 3-45 Letter 8: Pechanga Tribe – Temecula Band of Luiseño Mission Indians ..................... 3-47 Response to Letter 8 ............................................................................................. 3-53 Tables Table 1-1: Summary of Environmental Impacts and Mitigation Measures .......................... 1-5 Table 3-1: List of Comments Received ............................................................................... 3-1 Uptown Jefferson Specific Plan i ESA / 211247 Final Environmental Impact Report July 2015 CHAPTER 1 Introduction This Final Environmental Impact Report (Final EIR) was prepared pursuant to the State of California Environmental Quality Act (CEQA) of 1970 (as amended) (California Public Resources Code 21000 et seq.) and in accordance with the State Guidelines for the California Environmental Quality Act (CEQA Guidelines). The proposed project addressed in this report is the construction and operation of the Bella Linda Residential project. The City of Temecula is the CEQA lead agency for this EIR. The Project involves adoption of the Uptown Jefferson Specific Plan, the purpose of which is to guide future development within the 560-acre area. The overarching intent of the Project is to spark revitalization by allowing for greater flexibility and a wider array of land use and development options within the Project area. The proposed mix of land uses would include residential, commercial, retail, office, employment, education, tourism, hotel, recreation, and arts- related uses. 1.1 Background On April 2, 2015, the City of Temecula (the lead agency) released for public review a Draft Environmental Impact Report (Draft EIR) for the project. Subsequent to the closing of the 45-day review period, the City recirculated the Draft EIR on May 20, 2015 for purposes of including additional agencies in the noticing. Following a 45-day review period, the public review and comment period on the Draft EIR closed on July 6, 2015. Overall, eight comment letters were received on the proposed project. The Revisions to the Draft EIR and Response to Comments constitute the Final EIR for the proposed project and are included as Chapter 2, Errata and Chapter 3, Response to Comments. The Final EIR is an informational document prepared by the lead agency that must be considered by decision makers before approving or denying the proposed project. Section 15132 of the Guidelines for California Environmental Quality Act (commonly referred to as the CEQA Guidelines) specifies the following the Final EIR shall consist of: a) The Draft EIR or a revision of the draft. b) Comments and recommendations received on the Draft EIR either verbatim or in summary. c) A list of persons, organizations, and public agencies commenting on the Draft EIR. Uptown Jefferson Specific Plan 1-1 ESA / 211247 Final Environmental Impact Report July 2015 1. Introduction d) The responses of the Lead Agency to significant environmental points raised in the review and consultation process. e) Any other information added by the lead agency. Section 15004 of the CEQA Guidelines states that before the approval of any project subject to CEQA,1 the lead agency must consider the final environmental document, which in this case is the Final EIR. This Final EIR has been prepared pursuant to the requirements of CEQA. This Final EIR incorporates comments from public agencies and the general public, and contains appropriate responses by the lead agency to those comments. 1.2 Use of the Final EIR and the CEQA Process The Final EIR allows the public an opportunity to review revisions to the Draft EIR, the response to comments, and other components of the EIR, including revisions and/or corrections to the Draft EIR, prior to approval of the project. The Final EIR serves as the environmental document to support approval of the proposed project, either in whole or in part, if the project is approved. After completing the Final EIR and before approving the project, the lead agency must make the following three certifications, as required by Section 15090 of the CEQA Guidelines: • The Final EIR has been completed in compliance with CEQA; • The Final EIR was presented to the decision-making body of the lead agency, and that the decision-making body reviewed and considered the information in the Final EIR prior to approving the project; and • The Final EIR reflects the Lead Agency’s independent judgment and analysis. As required by Section 15091(a) of the CEQA Guidelines, no public agency shall approve or carry out a project for which an EIR has been certified that identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings (Findings of Fact) for each of those significant effects, accompanied by a brief explanation of the rationale for each finding supported by substantial evidence in the record. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. 1 The word “approval” is defined by Section 15352 of the CEQA Guidelines to mean “the decision by a public agency which commits the agency to a definite course of action in regard to a project intended to be carried out by any person…” In addition, the CEQA Guidelines state that “[w]ith private projects, approval occurs upon the earliest commitment to issue or the issuance by the public agency of a discretionary contract, grant, subsidy, loan, or other form of financial assistance, lease, permit, license, certificate, or other entitlement for use of the project.” Uptown Jefferson Specific Plan 1-2 ESA / 211247 Final Environmental Impact Report July 2015 1. Introduction (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. (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. These certifications and the Findings of Fact are included in a separate Findings document. 1.3 Method of Organization This Final EIR for the proposed project contains information in response to concerns raised by written comments sent to the City of Temecula. The Final EIR is organized into the following chapters: • Chapter 1, Introduction, consists of a summary of the background of the proposed project, information about the certification of the Final EIR, and a brief discussion of the intended uses of the Final EIR. Chapter 1 also contains the final Summary Table of Impacts and Mitigation Measures. • Chapter 2, Errata, discusses the revisions to the proposed project and Draft EIR, including text changes and/or additions proposed by the City of Temecula, as lead agency, and text changes and/or additions in response to comments received on the Draft EIR. Chapter 2 does not contain any changes to the appendices. • Chapter 3, Response to Comments, contains a matrix of agencies and organizations that submitted written comments on the Draft EIR. This matrix identifies the issue areas addressed by those comments. Chapter 3 also includes a copy of each written comment letter, and a written response to each comment. 1.4 Focus of Comments Section 15200 of the CEQA Guidelines establishes the purpose of public review of a draft environmental document: The purposes of review of EIRs and negative declarations include: (a) Sharing expertise, (b) Disclosing agency analyses, (c) Checking for accuracy, (d) Detecting omissions, (e) Discovering public concerns, and (f) Soliciting counter proposals. Uptown Jefferson Specific Plan 1-3 ESA / 211247 Final Environmental Impact Report July 2015 1. Introduction Sections 15204(a) and 15204(c) of the CEQA Guidelines further state: (a) In reviewing draft EIRs, persons and public agencies should focus on the sufficiency of the document in identifying and analyzing the possible impacts on the environment and ways in which the significant effects of the project might be avoided or mitigated. Comments are most helpful when they suggest additional specific alternatives or mitigation measures that would provide better ways to avoid or mitigate the significant environmental effects. At the same time, reviewers should be aware that the adequacy of an EIR is determined in terms of what is reasonably feasible, in light of factors such as the magnitude of the project at issue, the severity of its likely environmental impacts, and the geographic scope of the project. CEQA does not require a lead agency to conduct every test or perform all research, study, and experimentation recommended or demanded by commentors. When responding to comments, lead agencies need only respond to significant environmental issues and do not need to provide all information requested by reviewers, as long as a good faith effort at full disclosure is made in the EIR. (c) Reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments. Pursuant to Section 15064, an effect shall not be considered significant in the absence of substantial evidence. Section 15204(f) of the CEQA Guidelines establishes the rule that a responsible or trustee agency may submit proposed mitigation measures, limited to the resources subject to the statutory authority of that agency. These measures must include complete and detailed performance objectives for the measures or refer the lead agency to the appropriate guidelines or reference materials. 1.5 Environmental Impacts and Mitigation Measures A detailed discussion of existing environmental conditions, environmental impacts and recommended mitigation measures is included in Chapter 3, Environmental Setting, Impacts and Mitigation Measures, of the Draft EIR. Project impacts, recommended mitigation measures, and level of significance after mitigation are summarized in Table 1-1. Uptown Jefferson Specific Plan 1-4 ESA / 211247 Final Environmental Impact Report July 2015 1. Introduction TABLE 1-1 SUMMARY OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES Environmental Impact Mitigation Measures Significance after Mitigation Aesthetics Impact Aes-4: The project would create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. 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-sire architectural massing to block light sources and reflection from cars. • The applicant shall ensure that design and layout of the site shall take advantage of landscaping, on- site architectural massing, and off-sire 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: o Light fixtures shall not exceed 4,050 lumens; o 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. o A map showing all lamp locations, orientations, and intensities, including security, roadway, and task lighting; o Specification of each light fixture and each light shield; o Total estimated outdoor light fixture and each light shield; o Total estimated outdoor lighting footprint, expressed as lumens per acre; and o Specification of motion sensors and other controls to be used, especially for security lighting. • The City shall conduct a post-installation installation inspection to ensure that the site is in compliance with the design standards in Mitigation Measures MM-AES-1 and Riverside County Ordinance No. 655. Less than Significant Air Quality Impact Air-1: The project’s 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 Mitigation Measure MM-AIR-1a: Future project-level development shall incorporate 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 Significant and Unavoidable Uptown Jefferson Specific Plan 1-5 ESA / 211247 Final Environmental Impact Report July 2015 1. Introduction Environmental Impact Mitigation Measures Significance after Mitigation at this program level. that 2010 model year or new 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. • 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 determination, 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 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 devices 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-1b: 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-1c: 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-1d: 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. Uptown Jefferson Specific Plan 1-6 ESA / 211247 Final Environmental Impact Report July 2015 March 2013 1. Introduction Environmental Impact Mitigation Measures Significance after Mitigation Impact AIR-3: Future project level development construction activities associated with the implementation of the Project would not have a significant localized impact when construction activities: 1) 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 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. 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 SCQMD’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 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. Less than significant Impact Air-4: The project could potentially expose sensitive resources to TACs from mobile sources on I-15 to an extent that health risks could result. Mitigation Measure-MM-AIR -4: Prior to City approval of future project-specific residential developments within the Project area and located within 500 feet of I-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 I-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 I- 15 to below 10 in one million for the maximally-expose 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 Report Value (MERV) filters at the residential development. Less than Signifcant Biological Resources Impact Bio-1: Development occurring as a result of the Project could result in direct and indirect impacts to special- status plants and wildlife from future development. Impacts could include trampling, crushing, grubbing, trimming or completely removing the plants or their habitat during construction. Construction equipment could introduce invasive weeds that could out-compete special status plants. Also, impacts could include interference with the reproductive success of wildlife or result in mortality of individuals. 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 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-1a: Future project applications within the Specific Plan shall be required to conduct a project-level assessment and impact analysis of biological resources, in compliance with the MSHCP and CEQA Guidelines, as part of the initial environmental review of the development application by the City of Temecula. Less than Significant Uptown Jefferson Specific Plan 1-7 ESA / 211247 Final Environmental Impact Report July 2015 1. Introduction Environmental Impact Mitigation Measures Significance after Mitigation Impact Bio-2: Impacts to raptors and other migratory birds include direct loss of potential foraging and nesting habitat. Potential nesting habitat on site includes mature trees and shrubs as well as grassland (in the case of ground-nesting birds such as northern harrier and mourning dove). IT is possible that raptors and other migratory birds would best on-site due to the proximity to open space and riverine system of Murrieta Creek. 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 1 – August 30). • 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 concern, and MSHCP covered species); USFWS for birds covered under the Migratory Bird Treaty Act and listed species) they shall not disturb 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 qualifying biologist. If no active nests are identified, construction may commence. Less than Significant Impact Bio-3: Burrowing owls could inhabit the site prior to project construction as appropriate burrowing owl foraging and nesting habitat is present. Suitable habitat would include the areas species would include loss of foraging habitat and nesting (i.e., burrowing) habitat. Individuals present during grading and other construction related activities have the potential to be killed or displaced through burrow collapse and other impacts. Mitigation Measure MM-BIO-3: Future development that occurs outside the land designated as Developed/Disturbed on Figure 3.3-1 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 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 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 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 Habitat Assessment and Negotiation Strategy (HANS) application. Less than Significant Uptown Jefferson Specific Plan 1-8 ESA / 211247 Final Environmental Impact Report July 2015 March 2013 1. Introduction Environmental Impact Mitigation Measures Significance after Mitigation Impact Bio-4: Future development could result in adverse effects to vernal pools and special-status species (fairy shrimp) that may occur in flat, open areas between the development portions of the Project site and Murrieta Creek. Suitable habitat would include areas outside of land designated as Developed/Disturbed on Figure 3.3-1. 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 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-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 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 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 through a memorandum during the establishment of the fencing activities 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 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 Less than Significant Uptown Jefferson Specific Plan 1-9 ESA / 211247 Final Environmental Impact Report July 2015 1. Introduction Environmental Impact Mitigation Measures Significance after Mitigation 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 Jones (aka Skunk Hollow) Wetland Mitigation Bank. Impact Bio-5: The project could result in adverse effects to special status bats through the disturbance or removal of roosting habitat (trees and buildings) within the Project site. Mitigation Measure MM-BIO-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 CDFW 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 individuals 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. Less than Significant Cultural Resources Impact Cul-1: The Project area has moderate to high potential for significant archaeological resources, including prehistoric and historic period archaeological deposits. Future development under the Project could significantly impact archaeological sites and/or sites of traditional cultural value to tribes. Development occurring under the Project has the potential to result in significant impacts to these resources. Mitigation Measure MM-CUL-1: 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 Luiseño 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 Luiseño 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 Luiseño Indians. The City shall conduct consultation with the Pechanga Band of Luiseño Indians on a project- specific basis. Less than Significant Uptown Jefferson Specific Plan 1-10 ESA / 211247 Final Environmental Impact Report July 2015 March 2013 1. Introduction Environmental Impact Mitigation Measures Significance after Mitigation In addition, the project proponent shall retain archaeological monitors and Native American monitors from the Pechanga Band of Luiseño 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 Luiseño 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 Luiseño 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 Luiseño 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 Luiseño Indians, subject to scientific analysis, professional museum curation, and documentation according to current professional standards. Impact Cul-2: 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. 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 Luiseño Indians shall also occur during 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. Significant and Unavoidable Impact Cul-3: 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. 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 Less than Significant Uptown Jefferson Specific Plan 1-11 ESA / 211247 Final Environmental Impact Report July 2015 1. Introduction Environmental Impact Mitigation Measures Significance after Mitigation 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 filed at the repository. Impact Cul-4: 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. 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 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. Less than Significant Geology, Soils, and Seismicity Impact Geo-: 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 Implement Mitigation Measures MM-HYD-1a and MM-HYD-1b Less than Significant Greenhouse Gas Emissions Implementation of the proposed project would not result in significant greenhouse gas emission impacts. Uptown Jefferson Specific Plan 1-12 ESA / 211247 Final Environmental Impact Report July 2015 March 2013 1. Introduction Environmental Impact Mitigation Measures Significance after Mitigation Hazards and Hazardous Materials Impact Haz-1: Construction activities occurring under the Project may occur on sites containing contamination, which could result in releases of hazardous materials. Mitigation Measure MM-HAZ -1a: 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 -1c: 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. Less than Significant Hydrology and Water Quality Impact Hyd-1: Implementation 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 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 SWPPP 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. Less than Significant Uptown Jefferson Specific Plan 1-13 ESA / 211247 Final Environmental Impact Report July 2015 1. Introduction Environmental Impact Mitigation Measures Significance after Mitigation impact to water quality. Impact Hyd-2: 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. 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. Less than Significant Impact Hyd-3: 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. Implement Mitigation Measure MM-HYD-1. Less than Significant Impact Hyd-4: 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. 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 Jurisdictional Runoff Management Plan, which will ensure that the project implements specific hydromodification 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. Less than Significant Impact Hyd-5: 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 such the capacity of existing drainage system is exceeded. Implement Mitigation Measure MM-HYD-1. Less than Significant Uptown Jefferson Specific Plan 1-14 ESA / 211247 Final Environmental Impact Report July 2015 March 2013 1. Introduction Environmental Impact Mitigation Measures Significance after Mitigation Impact Hyd-6: 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 such the capacity of existing drainage system is exceeded. Implement Mitigation Measure MM-HYD-3. Less than Significant Land Use Implementation of the proposed project would not result in significant land use impacts. Population and Housing Implementation of the proposed project would not result in significant population and housing impacts. Public Services Implementation of the proposed project would not result in significant public service impacts. Noise Impact Noise-1: 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. Mitigation Measure MM-NOI-1a: 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-1b: 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 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 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 Significant and Unavoidable Uptown Jefferson Specific Plan 1-15 ESA / 211247 Final Environmental Impact Report July 2015 1. Introduction Environmental Impact Mitigation Measures Significance after Mitigation 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 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. Impact Noise-2: Construction activities occurring at each individual development site in the Project area may 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. 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-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 Significant and Unavoidable Impact Noi-3: New developments 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. Mitigation Measure MM-NOI-3: 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. Less than Significant Impact Noi-4: New development within the Project area could expose nearby sensitive receptors to noise levels exceeding 5 dBA over ambient levels due to operation of HVAC equipment. Mitigation Measure MM-NOI-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. 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. Less than Significant Impact Noi-5: 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 City. 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 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 Less than Significant Uptown Jefferson Specific Plan 1-16 ESA / 211247 Final Environmental Impact Report July 2015 March 2013 1. Introduction Environmental Impact Mitigation Measures Significance after Mitigation Utilities Impact Utl-1: The 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. Mitigation Measure MM-UTL-1a: 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-1b: 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. Less than Significant Impact Utl-2: The 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. Implement Mitigation Measure MM-HYD-2 and MM HYD-3. Less than Significant Transportation and Traffic Impact Tra-1: The Project would result in significant impacts at the following intersections under the Existing (2013) Plus Project Conditions: 19. Ynez Road & Winchester Road 12. Nicholas Road & Winchester Road 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. After mitigation, 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). Less than Significant Uptown Jefferson Specific Plan 1-17 ESA / 211247 Final Environmental Impact Report July 2015 1. Introduction Environmental Impact Mitigation Measures Significance after Mitigation Impact Tra-2: The Project would result in significant impacts at the following intersections under Future Year (2035) Plus Project conditions: 4. Jefferson Avenue at Cherry Street/Proposed French Valley Parkway – AM peak hour 13. Winchester Road at Murrieta Hot Springs Road – AM peak hour 25. Old Town Front Street and Temecula Parkway – AM peak hour 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) 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. After implementation of the above mitigation measures, 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. Less than Significant Uptown Jefferson Specific Plan 1-18 ESA / 211247 Final Environmental Impact Report July 2015 March 2013 CHAPTER 2 Errata This section contains revisions to the Draft EIR. The following corrections and changes are made to the Draft EIR, and are incorporated herein as part of the Final EIR. Revised language or new language is underlined. Deleted language is indicated by strikethrough text. The changes below were made to the Draft EIR in response to comments received and errata discovered after the Draft EIR was circulated. These corrections and clarifications represent additional information or revisions that do not significantly alter the proposed project, change the Draft EIR’s significance conclusions, or result in a conclusion that significantly more severe environmental impacts will result from the proposed project. Instead, the errata made to the Draft EIR below merely “clarifies or amplifies or makes insignificant modifications” in the already adequate Draft EIR, as is permitted by CEQA Guidelines Section 15088.5(b). The revisions that follow were made to the text of the Draft EIR. Amended text is identified by page number. Additions to the Draft EIR text are shown with underlining and text removed from the Draft EIR is shown with strikethrough. The following revisions to the text of the Draft EIR are made: Biological Resources and Wetlands (Section 3.3 of the Draft EIR) Page 3.3-23, Impact BIO-1 is revised to read as follows: Impact BIO-1: Development occurring as a result of the Project could result in direct and indirect impacts to special-status plants and wildlife from future development. Impacts could include trampling, crushing, grubbing, trimming or completely removing the plants or their habitat during construction. Construction equipment could introduce invasive weeds that could out-compete special status plants. Also, impacts could include interference with the reproductive success of wildlife or result in mortality of individuals. All impacts to special status plants and wildlife would be considered significant. Page 3.3-24, Mitigation Measure MM-BIO-1a is added to the Draft EIR to clarify responsibility of future projects to assess biological resources as follows: Uptown Jefferson Specific Plan 2-1 211147 Final Environmental Impact Report July 2015 2. Errata Mitigation Measure MM-BIO-1a: Future project applications within the Specific Plan shall be required to conduct a project-level assessment and impact analysis of biological resources, in compliance with the MSHCP and CEQA Guidelines, as part of the initial environmental review of the development application by the City of Temecula. Page 3.3-25, Mitigation Measure MM-BIO-3 in the DEIR has been revised to more clearly align with the MSHCP requirements and guidelines, as follows: Mitigation Measure MM-BIO-3: Future development that occurs outside of land designated as Developed/Disturbed on Figure 3.3-1 shall be surveyed by a qualified biologist (i.e., approved by CDFW knowledgeable in burrowing owl biology) using CDFW MSHCP approved burrowing owl survey protocols a maximum of within 30 days prior to construction to determine presence/absence of burrowing owl. If no 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, CDFW, the City, and RCA will be notified. The following species-specific mitigation actions would be required if burrowing owls are found: • Sheltering in place of nesting owls until nest fledges or fails, as determined by a qualified biologist (a Bachelor’s of Science degree or equivalent experience and a minimum of one year of previous burrowing owl monitoring experience). Since 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 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, Ppreparing and implementing an active translocation plan, if appropriate and approved by the RCA and CDFW that includes , and identifying a receptor site for the owl(s) (per WRC MSHCPRCA and CDFW) may also be acceptable. • However, if 3 or more pairs of burrowing owls are observed on 35-plus acres of suitable habitat, on-site conservation of the habitat is required by the MSHCP in accordance with Section 6.3.2 of the MSHCP. On-site 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. Uptown Jefferson Specific Plan 2-2 211147 Final Environmental Impact Report July 2015 2. Errata Cultural Resources (Section 3.4 of the Draft EIR) Page 3.4-26, Mitigation Measure MM-CUL-1 is revised to read as follows: Mitigation Measure MM-CUL-1: 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 Luiseño Indians and any other local Native American representatives expressing interest. 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 appropriate Native American groups, including the Pechanga Band of Luiseño 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 Luiseño Indians.and any other local Native American representatives expressing interest. The City shall conduct consultation with the Pechanga Band of Luiseño Indians, and any other local Native American representatives expressing interest, on a project-specific basis. In addition, the project proponent shall retain archaeological monitors and Native American monitors from the Pechanga Band of Luiseño 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, the Pechanga Band of Luiseño Indians, and any other local Native American representatives expressing interest in the project. 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 Luiseño Indians, will be contacted to assess the significance of the find according to CEQA Guidelines Section 15064.5. If any find is determined Uptown Jefferson Specific Plan 2-3 211147 Final Environmental Impact Report July 2015 2. Errata to be significant, the archaeologist shall determine, in consultation with the City, and the Pechanga Band of Luiseño Indians, and any other local Native American groups expressing interest, 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 Luiseño 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 Luiseño Indians, and any other local Native American groups expressing interest, subject to scientific analysis, professional museum curation, and documentation according to current professional standards. Page 3.4-28, Mitigation Measure MM-CUL-2 is revised to read as follows: 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 Luiseño 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. Public Services (Section 3.12 of the Draft EIR) Page 3.12-3, the following text and changes to Table 3.12-2 are revised to read as follows: The nearest elementary school to the Project site, schools serving the Project site would be the Vail Elementary School, is located 0.96 mile east of the Project area; Margarita Middle School James L Day Middle School is located 1.7310 miles northeast of the Project area; and Chaparral Temecula Valley High school is located two 1.33 miles northeast of the Project area. Table 3.12-2 provides enrollment data and capacity for the 20142011-2012 school year for the schools that serve the Project area. Uptown Jefferson Specific Plan 2-4 211147 Final Environmental Impact Report July 2015 2. Errata TABLE 3.12-2 EXISTING TVUSD SCHOOLS SERVING THE PROJECT AREA School/Type Location Grade Level Enrollment September October 20142011-2012 School’s Capacity September October 20142011-2012 Vail Elementary 29835915 Mira Loma Drive K through 5 579611 6251,377 Margarita Middle School James L Day Middle 30600 Margarita Road40775 Camino Campos Verde 6 through 8 862992 1,2691,485 Chaparral Temecula Valley High 31555 Rancho Vista Road27215 Nicolas Road 9 through 12 2,7133,093 3,0783,402 Total 4,1444,696 4,9626,264 SOURCE: TVUSD Ryan, 201513. Page 3.12-11, and Table 3.12-4, the following text and changes to Table 3.12-4 are revised as follows: As shown in Table 3.12-4, the Project is anticipated to generate 4,198 K-12 students; however, this represents a conservative estimate because the generation rates are based on single-family housing, and the multi-family housing projects that would be developed under the Project typically do not have as large a household size as single-family housing. TABLE 3.12-4 GENERATION RATES FOR THE PROPOSED PROJECT Grade Generation Rates (per dwelling unit) Total Students for the proposed project (3,726 New Residential Dwellings) K-5 0.27740.754 7792,809 555640 834749 2,1684,198 6-8 0.14910.1718 9-12 0.22390.2011 Total SOURCE: TVUSD, 201512. Based on the existing capacity (see Table 3.12-2 above), TVUSD would need additional facilities in order to accommodate the 2,1684,198 students that would be generated from the 3,726 new residential dwellings units. Student enrollment within TVUSD is anticipated to increase in the next 10 years. The expected build-out of the school district would result in a student population of approximately 38,000 students (Ryan, 2012). The 2,1684,198 students generated by the Project have been anticipated by the expected build-out of the school district. Uptown Jefferson Specific Plan 2-5 211147 Final Environmental Impact Report July 2015 CHAPTER 3 Response to Comments As stated in CEQA Guidelines, Sections 15132 and 15362, the Final EIR must contain information summarizing the comments received on the Draft EIR, either verbatim or in summary; a list of persons commenting; and the response of the lead agency to the comments received. Eight comment letters were received by the City in response to the Draft EIR. This chapter provides copies of each letter received and the responses to these comments. A summary of the comments is provided below in Table 3-1. TABLE 3-1 LIST OF COMMENTS RECEIVED Letter # Agency/Commenter Date of Letter Environmental Issues State Agencies 1 California Department of Transportation May 11, 2015 Impacts on state transportation facilities 2 State Clearinghouse and Planning Unit May 19, 2015 Receipt of receiving Draft EIR 3 California Department of Fish and Wildlife July 3, 2015 Impacts to Biological Resources Local Agencies and Interested Parties 4 Eastern Municipal Water District April 8, 2015 Receipt of receiving Draft EIR 5 Riverside County Flood Control and Water Conservation District April 13, 2015 List of potential permits required for the proposed project 6 Temecula Valley Unified School District May 18, 2015 Student generation rates for elementary, middle, and high schools in the project area 7 Neil Cleveland, City Resident June 8, 2015 Concern over flood control channel repairs and improvements Public health and safety issues Homelessness issue 8 Pechanga Tribe – Temecula Band of Luiseño Mission Indians July 6, 2015 Cultural Resources Mitigation Measures Consultation with Pechanga Uptown Jefferson Specific Plan 3-1 ESA / 211247 Final Environmental Impact Report July 2015 3. Response to Comments The responses to comments to the above letters are presented below. These responses do not significantly alter the proposed project, change the Draft EIR’s significance conclusions, or result in a conclusion such that significantly more severe environmental impacts would result from the proposed project. Instead, the information presented in the responses to comments “merely clarifies or amplifies or makes insignificant modifications” in the Draft EIR, as is permitted by CEQA Guidelines Section 15088.5(b). Regarding recirculation of the Draft EIR, CEQA Guidelines Section 15088.5, requires the lead agency to recirculate an EIR only when significant new information is added to the EIR after public notice is given of the availability of the Draft EIR for public review. New information added to an EIR is not significant unless the EIR has changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse, environmental effect of the project or a feasible way to mitigate or avoid such an effect that the project’s proponent’s have declined to implement (CEQA Guidelines, Section 15088.5). In summary, significant new information consists of: (1) disclosure of a new significant impact; (2) disclosure of a substantial increase in the severity of an environmental impact; (3) disclosure of a feasible project alternative or mitigation measure considerably different from the others previously analyzed that would clearly lessen environmental impacts of the project but the project proponent declines to adopt it; and/or (4) the Draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded (CEQA Guidelines, Section 15088.5). Recirculation is not required where, as stated above, the new information added to the EIR merely clarifies or amplifies or makes insignificant modifications in an adequate EIR (CEQA Guidelines, Section 15088.5). Uptown Jefferson Specific Plan 3-2 ESA / 211247 Final Environmental Impact Report July 2015 3. Response to Comments Response to Letter 1: California Department of Transportation 1-1 The commenter states that as the owner and operator of the State Highway System (SHS), CEQA requires the California Department of Transportation (Caltrans) to make recommendations to off-set associated impacts with the proposed project. Although the project is under the jurisdiction of the City of Temecula, due to the project’s potential impact to State facilities it is also subject to the policies and regulations that govern the SHS. Thank you for your comments. The participation of Caltrans in the public review of this document is appreciated. This comment has been noted for the record. 1-2 The commenter recommends the project include a ramp merge/diverge analysis at the Interstate-15 northbound and southbound directions at the following interchanges to determine impacts of development at these locations: I-15/Winchester Road, I-15/Rancho California Road, and I-15/Temecula. An analysis of regional freeway congestion would be more appropriate at either a regional (Countywide) level such at the Regional Transportation Plan or project-level analysis where specific impacts can be attributed to specific projects. Further, specific projects implemented under this programmatic EIR would be required to contribute to the Transportation Uniform Mitigation Fee (TUMF), which is intended to address regional traffic impacts. This comment has been noted for the record. 1-3 The commenter requests the project proponent submit Synchro Analysis file Traffic Impact documents and an electronic. Technical documentation (including Synchro reports) for the Transportation Impact Analysis report is available to the commenter as part of Appendix D of the Draft EIR, and that documentation provides sufficient support for the traffic impact determinations in the Draft EIR. This comment has been noted for the record. 1-4 The commenter requests confirmation of Average Daily Traffic (ADT) volumes in Tables 4-4, 5-8, 6-2, and 7-4 of the Transportation Impact Analysis, with specific reference to the ADTs on Winchester Road, Existing (2013) conditions compared to Future (2035) conditions. The differences in ADTs between Existing (2013) and Future (2035) conditions are a function of changes to the roadway network serving the City of Temecula planned to be implemented by 2035. For example, the 2035 analysis year includes the implementation of the French Valley Parkway Interchange project, which would connect French Valley Parkway between Jefferson Avenue and Ynez Road, and construct a new French Valley Parkway / I-15 interchange. The addition of these improvements (not present in the 2013 analysis year) would redistribute traffic across various roadways, and is intended to Uptown Jefferson Specific Plan 3-5 ESA / 211247 Final Environmental Impact Report July 2015 3. Response to Comments reduce congestion and improve safety by relieving the I-15 / Winchester Road interchange. It is noted that overall growth is projected on parallel roads, as indicated by comparing traffic volumes between 2013 and 2035. Summarizing 2013 volumes for the major east-west roadways west of I-15 yields a total daily volume of 58,400 vehicles; the 2035 volumes would be 84,500 vehicles. This comment has been noted for the record and has been provided to the City of Temecula Planning Commission and City Council for consideration. 1-5 The commenter states that when comparing the ADT data in the Noise Prediction Model data to the Tables referenced above (Comment 2-4), the Noise Prediction Model ADT for 2013 and 2035 is lower. The difference in the ADTs used for the Noise and Traffic sections of the Draft EIR is acknowledged. However, the differences do not affect the less-than-significant noise impact determination on pages 3.10-34 and 3.10-35 of the Draft EIR because, as stated on page 3.10-34 and shown in Table 3.10-10, the project would increase local noise levels by a maximum of 0.8 dBA (Ldn), which is substantially lower than the 3.0 dBA and 5.0 dBA thresholds of significance. This comment has been noted for the record and has been provided to the City of Temecula Planning Commission and City Council for consideration. 1-6 The commenter states prior to the submission for an Encroachment Permit, a follow up Traffic Study Report review and letter will likely be required by the Department of Planning. The project proponent will submit a follow up Traffic Study Report review and letter to the Department of Planning, if required. This comment has been noted for the record. Uptown Jefferson Specific Plan 3-6 ESA / 211247 Final Environmental Impact Report July 2015 Edmund G. Brown Jr. Governor May 19, 2015 Dale West ST AT E OF C A L I F 0 R N I A Governor's Office of Planning and Research State Clearingho _use and Planning Unit City of Temecula 41000 Main Street Temecula, CA 92590 Subject: Uptown Jefferson Specific Plan SCH#: 2013061012 Dear Dale West: The State Clearinghouse submitted the above named Draft EIR to selected state agencies for review. The review period closed on May 18, 2015, and no state agencies submitted comments by that date . This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project, please refer to the ten-digit State Clearinghouse number when contacting this office. :Sinr-~ Scott Morgan Director, State Clearinghouse 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 TEL (916) 445-0613 FAX (916) 323-3018 www .opr.ca.gov Comment Letter 2 SCH# Project Title Lead Agency 2013061012 Document Details Report State Clearinghouse Data Base Uptown Jefferson Specific Plan Temecula, City of Type EIR Draft EIR Description Adoption of the Uptown Jefferson Specific Plan to allow for greater flexibility and a wider array of land use and development options within the 560 acre Project area. In addition, the Project would focus on increasing mobility opportunities and facilitating alternative transportation options, including walking, biking, and transit, through the implementation of new "complete streets" roadway configurations, traffic calming strategies, pedestrian-oriented facilities, and bike lanes . The Project would include a form-based code to better define development regulations and design standards in order to encourage higher density urban development. Anticipated buildout of the Specific Plan assumes up to 3,726 residential units, approximately 1.7 million square feet of commercial uses, and 316 hotel rooms . Lead Agency Contact Name Agency Phone email Dale West City of Temecula 951 693 3918 Fax Address 41000 Main Street City Temecula State CA Zip 92590 Project Location County Riverside City Temecula Region Lat! Long Cross Streets Jefferson Avenue and Winchester Road Parcel No. Varies Township Proximity to: Highways Hwy 79 Airports Railways Range Section Waterways Santa Gertrudis, Murrieta Creek, Santa Margarita River Schools Land Use Various Base Project Issues Air Quality ; Biological Resources; Other Issues; Geologic/Seismic; Soil Erosion/Compaction/Grading; Forest Land/Fire Hazard; Water Quality; Landuse; Noise; Population/Housing Balance; Public Services; Traffic/Circulation; AestheticNisual; Archaeologic-Historic; Drainage/Absorption; Flood Plain/Flooding; Recreation/Parks; Schools/Universities; Sewer Capacity; Solid Waste; Toxic/Hazardous; Vegetation; Water Supply; Wetland/Riparian; Growth Inducing; Cumulative Effects Reviewing Resources Agency; Department of Fish and Wildlife, Region 6; Office of Historic Preservation; Agencies Department of Parks and Recreation; Department of Water Resources ; Office of Emergency Services, California; California Highway Patrol; Caltrans, District 8; Department of Housing and Community Development; Air Resources Board; Regional Water Quality Control Board, Region 9; Native American Heritage Commission Date Received 04/01 /2015 Start of Review 04/02/2015 End of Review 05/18/2015 Comment Letter 2 3. Response to Comments Response to Letter 2 State Clearinghouse and Planning Unit 2-1 The commenter states they submitted the Draft EIR to selected state agencies for review and the review period closed on May 18, 2015. The letter acknowledges that the project proponent has complied with State Clearinghouse review requirements for draft environmental documents, pursuant to CEQA. The participation of the State Clearinghouse and Planning Unit in the public review of this document is appreciated. This comment has been noted for the record. Uptown Jefferson Specific Plan 3-9 ESA / 211247 Final Environmental Impact Report July 2015 3. Response to Comments Response to Letter 3: California Department of Fish and Wildlife 3-1 The commenter states that California Department of Fish and Wildlife (CDFW), as a Trustee Agency and a Responsible Agency, is submitting this new set of comments pertaining to the recirculated Draft EIR, and provides a brief summary of the project. It is acknowledged that CDFW is submitting comments as a Trustee Agency and Responsible Agency. This comment has been noted for the record. 3-2 The commenter states that CDFW has jurisdiction over biological resources in the State and submits comments in order to assist the City of Temecula in identifying and mitigating for impacts to biological resources. The commenter also states comments are also offered to adequately review consistency with the Multiple Species Habitat Conservation Plan (MSHCP). The Department’s primary concern with the project pertains to areas identified on Figure 2-4, Specific Plan Planning District, as Future Sports Park and Murrieta Creek Open Space and Recreation District. The Department’s comment is noted regarding their primary concern to the areas included on Figure 2-4 and identified as Future Sports Park and Murrieta Creek Open Space and Recreation District. 3-3 The commenter states that the Murrieta Creek Recreation and Open Space District may include the development of trails, parks, recreation and transit-related facilities as part of the project, but no analysis of the potential impacts resulting from construction and operation of these facilities occurred as part of the analysis in the Draft EIR. The commenter further states the Department acknowledges that the Draft EIR was prepared as a program-level document, but states the lack of biological survey data and use of existing databases and Agency information is concerning. Further, the commenter states that the Department is unclear of the threshold that will be relied upon for requiring additional environmental review for each phase of the project. Further, if the threshold for triggering additional environmental review is low or additional environmental review is not anticipated, then the Department requests that the Draft EIR be recirculated to include results of current surveys for biological resources. The commenter also states that the Draft EIR should not defer impact analysis and mitigation measures to future regulatory discretionary actions. The DEIR provides a program-level analysis of potential impacts to biological resources from implementation of the Specific Plan. Project-specific, on-site biological survey data is required to be collected as part of the environmental review process for future project applications proposed under the Specific Plan. As stated in the discussion of the project’s consistency with existing Habitat Conservation Plans, Natural Community Conservation Plans, or Other Approved Local, Regional, State or Federal Regulations Policies, Ordinances or Plans, under Section 3.3.3 of the Draft EIR, “Future projects occurring under the Specific Plan would be required to meet MSHCP Implementing Agreement Uptown Jefferson Specific Plan 3-18 ESA / 211247 Final Environmental Impact Report July 2015 3. Response to Comments requirements and be consistent with the City’s General Plan.” In addition, Mitigation Measures MM-BIO-1 through MM-BIO-5 require project-specific surveys for sensitive- species per the MSHCP. However, to further clarify that the threshold for triggering additional environmental review is a project’s application for approval with the City of Temecula Mitigation Measure MM-BIO-1a has been added to the Final EIR. This mitigation measures reads as follows: “Future project applications within the Specific Plan shall be required to conduct a project-level assessment and impact analysis of biological resources, in compliance with the MSHCP and CEQA Guidelines, as part of the initial environmental review of the development application by the City of Temecula.” This comment has been noted for the record. 3-4 The commenter states that for Department staff to adequately review and comment on the project, the DEIR should include a complete assessment of the flora and fauna within and adjacent to the project footprint with particular emphasis on identifying sensitive biological resources. Please see Response to Comment 3-3. The DEIR is a program-level document and existing conditions on the site, including potentially sensitive biological resources, were determined from a review of existing databases and Agency information. A complete, project-level biological assessment of the flora and fauna present within the project footprint of any future site-specific projects proposed under the Specific Plan, and potential impacts associated with such projects will be required. This approach is appropriate under CEQA as it would be too speculative to evaluate potential impacts without the knowledge of the specifics of such projects proposed under the Specific Plan. This comment has been noted for the record. 3-5 The commenter provides a list of standard surveys and assessments that would be included in a project-level analysis of potential impacts to biological resources. Please see Response to Comment 3-3. The requested biological surveys and assessments will be included in a project-level analysis of biological resources, and will be conducted during future projects as they are proposed within the boundaries of the Specific Plan. This level of analysis is not required under CEQA for a program-level document, but is required of project-level analysis of individual projects. This comment has been noted for the record. 3-6 The commenter requests that the City clearly state in the DEIR that all forthcoming environmental reviews and associated effects analysis be based on the results of onsite field surveys and will not be limited to review of databases. Alternatively, if the City anticipates that forthcoming environmental documents will not be prepared as part of project-level analyses within the Specific Plan then the DEIR should be recirculated to include the specific biological surveys and assessments included in the comments above. Please see Response to Comment 3-3. This comment has been noted for the record. Uptown Jefferson Specific Plan 3-19 ESA / 211247 Final Environmental Impact Report July 2015 3. Response to Comments 3-7 The commenter states that the DEIR should provide a thorough discussion of the direct, indirect, and cumulative impacts expected to adversely affect biological resources as a result of the project, including potential effects from any project-related human activity on sensitive biological resources, open space, natural areas, and effects to waterbodies or streams. Please see Responses to Comments 3-3. Additionally, Section 3.3, Biological Resources, describes and evaluates potential impacts to biological resources that could result from implementation of the project; and the cumulative impact analysis of biological resources for the Uptown Jefferson Specific Plan is included in Chapter 4, pages 4-3 through 4-4. This comment has been noted for the record. 3-8 The commenter states because onsite biological surveys were not conducted for preparation of this DEIR, then the analysis is insufficient to address potential impacts, and a thorough environmental analysis based on biological surveys is recommended as well as recirculation of the DEIR. Additionally, the commenter states the DEIR did not include an analysis of the potential impacts from installing a trail system and access to open space areas within the Specific Plan boundaries and an analysis of potential direct and indirect impacts to biological resources should be conducted. Please see Responses to Comments 3-3 and 3-7. This comment has been noted for the record. 3-9 The commenter states the Department is unable to comment on the mitigation measures prescribed in the DEIR because the Department would like clarification if subsequent environmental analysis using onsite biological survey data will be required for future projects. The commenter states that unless subsequent environmental analysis is required, the Department is concerned the City’s analysis is insufficient and additional analysis and mitigation is being deferred to future regulatory discretionary actions. Please see Responses to Comments 3-3 through 3-9. This comment has been noted for the record. 3-10 The commenter states since the Specific Plan falls within the boundaries of the Western Riverside County MSHCP that a consistency determination with the goals and objectives of the MSHCP is required in the DEIR, including an impact analysis of MSHCP Criteria Cells, Criteria Species, and Narrow Endemic Plants. Please see Response to Comment 3-4. The DEIR includes a program-level analysis of potential biological resources within the boundaries of the Specific Plan, which occurs in the boundaries of the MSHCP. Mitigation Measures are prescribed to address consistency with the MSHCP at a project level during future project applications within the boundaries of the Specific Plan as required by the City of Temecula and the MSHCP (see Mitigation Measures MM-BIO -1 through MM-BIO-5). This comment has been noted for the record. Uptown Jefferson Specific Plan 3-20 ESA / 211247 Final Environmental Impact Report July 2015 3. Response to Comments 3-11 The commenter states any activity that will impact any drainage feature under the jurisdiction of the CDFW will require a Lake and Streambed Alteration Agreement (LSA) and early consultation with the Ontario field office should be required. Additionally, the commenter identifies several potential jurisdictional features that may also be under the jurisdiction of the MSHCP, but despite MSHCP requirements, a LSA would still be required. The DEIR acknowledges that impacts to features determined to contain waters of the State would require consultation with CDFW and potentially a LSA for project-level impacts to waters of the State. The DEIR is a program-level document that prescribes mitigation to evaluate project-level impacts to waters of the State during future project applications within the Specific Plan, which includes consultation with CDFW and an LSA. This comment has been noted for the record. Uptown Jefferson Specific Plan 3-21 ESA / 211247 Final Environmental Impact Report July 2015 Comment Letter 4 Comment Letter 4 Comment Letter 4 Comment Letter 4 Comment Letter 4 Comment Letter 4 Comment Letter 4 Comment Letter 4 Comment Letter 4 Comment Letter 4 3. Response to Comments Response to Letter 4: Eastern Municipal Water District 4-1 The commenter states the Eastern Municipal Water District (EMWD) provided the City of Temecula with a technical memorandum summarizing the required improvements to serve the proposed specific plan. The Draft EIR addresses the EMWD’s recommendations for improvements and therefore the EMWD takes no exception to this report. Thank you for your comments. The participation of the Eastern Municipal Water District in the public review of this document is appreciated. This comment has been noted for the record. Uptown Jefferson Specific Plan 3-32 ESA / 211247 Final Environmental Impact Report July 2015 3. Response to Comments Response to Letter 5: Riverside County Flood Control and Water Conservation District 5-1 The commenter states that the project involves District Master Plan facilities and that the District would accept ownership of such facilities on written request from the City. The Facilities must be constructed to District standards and the District plan checked and inspection would be required for District acceptance. Thank you for your comments. The participation of the Riverside County Flood Control and Water Conservation District in the public review of this document is appreciated. The project proponent will comply with the aforementioned request. This comment has been noted for the record. 5-2 The commenter states that the project is located within the limits of the District’s Murrieta Creek/Santa Murrieta/Santa Gertrudis/Temecula Valley Area Drainage Plan for which drainage fees have been adopted, applicable fees should be paid by cashier’s check or money order only to the Flood Control District or City prior to issuance of grading permits. As this document is a program-level document, no specific projects are proposed at this time that would require the proponent to obtain construction permits. However, as specific projects are proposed under the Uptown Jefferson Specific Plan, individual project applicants will comply with all adopted, applicable drainage fees to the Flood Control District or City prior to issuance of any grading permit. This comment has been noted for the record. 5-3 The commenter states that an encroachment permit shall be obtained for any construction related activities occurring within Flood Control District right-of-way or facilities. As this document is a program-level document, no specific projects are proposed at this time that would require the proponent to obtain construction permits. However, as specific projects are proposed under the Uptown Jefferson Specific Plan, individual project applicants will be required to obtain all necessary permits for construction, including any encroachment permits. This comment has been noted for the record. 5-4 The commenter states the project may require a National Pollutant Elimination System (NPDES) permit from the State Water Resources Control Board. If the project involves a Federal Emergency Management Agency (FEMA) mapped flood plain, the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements. Further, if a natural watercourse or mapped flood plain is impacted by the project, the City should require the applicant to obtain a Section 1602 Agreement from the California Department of Fish and Game and Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers. Please see Responses to Comments 5-1 through 5-4. This comment has been noted for the record. Uptown Jefferson Specific Plan 3-34 ESA / 211247 Final Environmental Impact Report July 2015 3. Response to Comments Response to Letter 6: Temecula Valley Unified School District 6-1 The commenter states that the schools serving the area of the proposed specific plan are Vail Elementary School, located at 29835 Mira Loma Drive. The school serves grades TK-5 and October 2014 enrollment was 579 students with a capacity of 625 students. The participation of the Temecula Valley Unified School District in the public review of this document is appreciated. The changes requested by the commenter have been included in Chapter 2, Errata, of this document. This comment has been noted for the record. 6-2 The commenter states the middle school serving the area is Margarita Middle School, located at 30600 Margarita Road. The school serves grades 6 through 8 and enrollment in October 2014 was 862 students with a total capacity of 1,269 students. The changes requested by the commenter have been included in Chapter 2, Errata, of this document. This comment has been noted for the record. 6-3 The commenter states the high school serving the site is Temecula Valley High School, located at 31555 Rancho Vista Road. As of October 2014, the site enrollment was 2,713 students with a total site capacity of 3,078 students. The changes requested by the commenter have been included in Chapter 2, Errata, of this document. This comment has been noted for the record. 6-4 The commenter states the project would result in 779 elementary students, 555 middle school students, and 834 high school students for the 3,726 units proposed. This would be a total of 2,168 students anticipated to enroll in the Temecula Valley Unified School District as a result of the project. The changes requested by the commenter have been included in Chapter 2, Errata, of this document. This comment has been noted for the record. 6-5 The commenter states that there was no discussion of how over 2,000 students were going to be transported to the schools that currently service the area and the impact on traffic. The school district does not have sufficient bus fleet or operation funds to transport an additional 2,000 students. Thank you for your comments. TVUSD plans to build additional schools in the area to accommodate future population growth in the next 10 to 15 years. The environmental impacts associated with the expansion, construction, and operation of future school facilities would be evaluated by TVUSD in its effort to plan for the construction of the new schools. Additionally, the proposed project is a program-level EIR, and construction of new school facilities would be subject to project-specific environmental documentation pursuant to CEQA. A project-specific environmental analysis would be Uptown Jefferson Specific Plan 3-37 ESA / 211247 Final Environmental Impact Report July 2015 3. Response to Comments prepared to analyze the physical changes which may occur from future construction of school facilities, including traffic impacts. Analysis of the physical changes which may occur from future unidentified development is too speculative at this time. Moreover, as projects are proposed under the Specific Plan the applicant will be required to provide payment of fees under Senate Bill 50 (SB50), which is, “…The payment of school mitigation impact fees … deemed to provide full and complete mitigation of impacts” from the development of real property on school facilities” (Government Code, Section 65995). As such, the payment of each school district’s approved SB50 fees is “full and complete mitigation of impacts” under State law for all development projects. This comment has been noted for the record. 6-6 The commenter states that while the EIR acknowledges that there is insufficient space to house students from the proposed development in existing facilities, it erroneously concludes that the statutory developer fees are sufficient to mitigate the additional school facilities needed. Thank you for your comments. The commenter is referred to Response to Comment 6-5 above. This comment is noted for the record. 6-7 The commenter states that currently statutory fees for residential units are $3.36 per square foot and $0.54 per square foot for commercial/industrial development. The total school facilities impact per dwelling unit would be $15,956.99 per unit as of January 7, 2013. The last statewide school facilities bond was passed in 2006 and state assistance is currently unavailable to assist local districts in construction of new facilities, therefore, absent of an additional voluntary school facilities mitigation agreement, the statutory developer fees are the only funding available. Thank you for your comments. The commenter is referred to Response to Comment 6-5 above; additionally, as no specific comments on the inadequacy of the Draft EIR were provided, no further response is necessary. This comment is noted for the record. Uptown Jefferson Specific Plan 3-38 ESA / 211247 Final Environmental Impact Report July 2015 From: Neil Cleveland [mailto:rlainc@verizon.net] Sent: Monday, June 08, 2015 12:31 PM To: Dale West Cc: Luke Watson Subject: RE: City re Jefferson Envision RE: Jefferson Envision / Draft EIR / Specific Plan Hi Dale: I have revised the original email regarding the EIR where I previously also addressed the Jefferson Corridor Specific Plan. In this revision I have removed any reference to the Jefferson Corridor Specific Plan as it is my understanding that at this time the EIR is only being addressed and that the Jefferson SP will have its own comment period by way of a separate process. Please also note that I have also added additional comments as well. With that being said please see the revised comments below. Draft EIR: Here are few comments. 1. I am in the process of reviewing the Draft EIR for the Envision Jefferson area. I am particularly interested in seeing how the flood control channel will be addressed that bisects and goes under I-15 and Jefferson Avenue, and continuing as an open channel that borders the northerly boundary of one of our properties (28007 – 28011 Jefferson Ave.). Sometime ago our property was impacted by the failure of the Riverside County flood control open ditch and it took nearly an act of congress to get Riverside Flood Control to repair the ditch (it was my understanding that Riverside Flood Control wanted to make the repairs, especially acknowledging the failure of the embankment, however Fish & Wildlife and U.S. Army Corp of Engineers would not readily grant a permit to Riverside). After the open ditch was deemed a threat to the health and safety of the public, they finally did make the needed repairs, however since then we have not seen any significant rainfall to see if the ditch works properly. Often the bridge on Del Rio Road is flooded as a result of the water leaving the ditch and overflowing onto Del Rio Road (in other words, too much water flow). Perhaps this will improve once Temecula Creek channelization project is completed, but that is only a guess on my part. Clearly this area needs to be addressed. 2. There exists a public health and safety issue, especially along Jefferson Avenue; it is the lack of safe and accessible sidewalks for pedestrian travel. 3. Another issue that is of concern that has really grown since the Jefferson Envision public process initiated is the homeless issue and an increase in camping on many of streets within the Jefferson Envision area. Beside homeless encampments in and along Del Rio Road, there is also a significant amount of long term overnight parking (camping) taking place by the public. The overnight long term campers consists of people living in their cars, trucks, travel trailers and motor homes. Often times sewage can be seen coming from these overnight vehicles as well as group gatherings/encampments. This is a serious problem on many levels. Many of these people use the outdoor areas in and around Del Rio Road for their sewage disposal, cooking, commerce pursuits and living quarters. Our office is located on Del Rio Road and we see Comment Letter 7 overnight camping taking place every day. It is my understanding that the City of Long Beach incorporated a component in one of their specific plans that addresses the homeless issue. 4. Did the EIR address any soils testing, more particularly “liquefaction” as relates to soil stability with respect to multiple story buildings? Thank you, Neil M. Cleveland 951-232-3077 cell 951-676-4148 office From: Dale West [mailto:Dale.West@cityoftemecula.org] Sent: Monday, June 08, 2015 7:56 AM To: 'rlainc@verizon.net' Cc: Luke Watson Subject: RE: City re Jefferson Envision Hi Neil, The comment regarding the SP can be either included or taken out. If it’s included, a response will be prepared, but it will likely resemble a response that states the comment relates to the SP and not the EIR and therefore is not subject or applicable pursuant to CEQA Guidelines. The other option is to resubmit your comments without the one regarding the SP; however, I will need you to resubmit them, as I cannot legally amend public comments in any form. Thanks, Dale West Associate Planner City of Temecula (951) 693-3918 dale.west@cityoftemecula.org Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Neil Cleveland [mailto:rlainc@verizon.net] Sent: Friday, June 05, 2015 11:59 AM To: Dale West Subject: RE: City re Jefferson Envision Hi Dale: Yes, please make my comments a part of the public record for the Final EIR document. There is a small paragraph where I set forth some points regarding the Specific Plan; I am thinking that because this email is related to the EIR that perhaps we don’t need the paragraph referring to the SP. Any thoughts? Thanks, Comment Letter 7 Neil From: Dale West [mailto:Dale.West@cityoftemecula.org] Sent: Wednesday, June 03, 2015 11:46 AM To: 'rlainc@verizon.net' Subject: RE: City re Jefferson Envision Hi Neil, I want to verify from you whether you intended the comments below to be part of the public record of Final EIR document. As part of the process, the entire email chain would become part of the Final EIR, in which a response would be provided to each question/statement. If you do not want the entire email to become part of the final document, could you please resend your questions in a separate email. The comment period for the Draft EIR ends July 6, 2015. Please feel free to give me a call if you have any questions. Thank you, Dale West Associate Planner City of Temecula (951) 693-3918 dale.west@cityoftemecula.org Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Neil Cleveland [mailto:rlainc@verizon.net] Sent: Thursday, April 09, 2015 3:52 PM To: Dale West Cc: 'J. Steve Tiritilli' Subject: City re Jefferson Envision RE: Jefferson Envision / Draft EIR / Specific Plan Hi Dale: Draft EIR: Here are few comments. 1. I am in the process of reviewing the Draft EIR for the Envision Jefferson area. I am particularly interested in seeing how the flood control channel will be addressed that bisects and goes under I-15 and Jefferson Avenue, and continuing as an open channel that borders the northerly boundary of one of our properties (28007 – 28011 Jefferson Ave.). Sometime ago our property was impacted by the failure of the Riverside County flood control open ditch and it took nearly an act of congress to get Riverside Flood Control to repair the ditch (it was my understanding that Riverside Flood Control wanted to make the repairs, especially acknowledging the failure of the embankment, however Fish & Wildlife and U.S. Army Corp of Engineers would not readily grant a permit to Riverside). After the open ditch was deemed a threat to the health and safety of the public, they finally did make the needed repairs, however since then we have not seen any significant rainfall to see if the ditch works properly. Often the bridge on Del Rio Road is flooded as a result of the water leaving the ditch and overflowing onto Del Rio Road (in other words, too much water flow). Perhaps this will improve once Temecula Creek channelization Comment Letter 7 project is completed, but that is only a guess on my part. Clearly this area needs to be addressed. 2. There exists a public health and safety issue, especially along Jefferson Avenue; it is the lack of safe and accessible sidewalks for pedestrian travel. 3. Another issue that is of concern that has really grown since the Jefferson Envision public process initiated is the homeless issue and an increase in camping on many of streets within the Jefferson Envision area. Beside homeless encampments in and along Del Rio Road, there is also a significant amount of long term overnight parking (camping) taking place by the public. The overnight long term campers consists of people living in their cars, trucks, travel trailers and motor homes. Often times sewage can be seen coming from these overnight vehicles as well as group gatherings/encampments. This is a serious problem on many levels. Many of these people use the outdoor areas in and around Del Rio Road for their sewage disposal, cooking, commerce pursuits and living quarters. Our office is located on Del Rio Road and we see overnight camping taking place every day. Once I have had the opportunity to review the EIR, I will make additional comments should it be necessary. Regarding the proposed draft SP: 1. During the “envision” process, either I or my business partner attended every meeting. I also had some correspondence with Katie Innes as well. I suspect you have seen that correspondence? At this time I have a couple areas concern are as follows: (1) Initially the City proposed a “6 month dark period” should a non-conforming usage go dark requiring the usage to be replaced with a occupying tenant prior to the end of the 6 month period. During the envision process, we proposed a “1 year dark period” and it was acceptable by the Staff. Can you please confirm this? (2) There was quite a bit of discussion from the public regarding the proposed usage matrix. I have attached a copy of the a letter sent to Katie, dated December 2, 2013. I hope the SP draft addresses the usage matrix in a user friendly manner. Do you have any indications and/or matrix examples pertaining to the usage matrix at this time? Thank you, Neil M. Cleveland 951-232-3077 cell 951-676-4148 office From: Dale West [mailto:Dale.West@cityoftemecula.org] Sent: Wednesday, March 25, 2015 8:29 AM To: 'rlainc@verizon.net' Cc: Luke Watson Subject: RE: Comment from Envision Jefferson Neil, Comment Letter 7 Thank you for your continued support and interest in the project. The draft EIR will be released for the 45 day public comment period on April 2, 2015. The draft SP will be released shortly afterward, but I do not have a definitive date at this time. The draft SP is anticipated to be considered by the Planning Commission in June and then by the City Council in July, 2015; however, this schedule is subject to change depending on the breadth of comments received from the public. Should you have additional questions, please feel free to contact me. Regards, Dale West Associate Planner City of Temecula (951) 693-3918 dale.west@cityoftemecula.org Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. ---------- Forwarded message ---------- From: <info@envisionjefferson.org> Date: Mar 25, 2015 5:23 AM Subject: Comment from Envision Jefferson To: <info@envisionjefferson.org> Cc: Comment Submitted by: Name: Neil Cleveland Organization: myself Email: rlainc@verizon.net Possibly Regarding Page: /app_pages/view/7 Subject: Envision Jefferson Comment: name: Neil Cleveland email: rlainc@verizon.net Comment Letter 7 I participated in all the workshops and then it seemed as if the project stalled in 2014. I now understand that the EIR will be completed soon, is this correct? Also, if the new SP is back on course what is the timing of the process and when would a draft of the SP be available for review? Who is now leading up this project? Thank you very much. Comment Letter 7 3. Response to Comments Response to Letter 7: Neil Cleveland 7-1 The commenter states that he is interested in how the flood control channel would be addressed that bisects and goes under I-15 and Jefferson Avenue and continues as an open channel that borders the northerly boundary of one of his properties (28007-28011 Jefferson Avenue). Thank you for your comments. The participation of Neil Cleveland in the public review of this document is appreciated. As described in Section 3.8, Hydrology, the open space bordering the open channel would remain undeveloped. Future development would not directly alter the course of Murrieta Creek or Santa Gertrudis Creek. However, construction of the future development within the project area would require activities such as pavement breaking, ditching, and excavation, which could temporarily alter ground surface and drainage patterns resulting in additional stormwater runoff. Mitigation Measure MM-HYD-1 provided in the Draft EIR would reduce impacts to less than significant levels through compliance with the NPDES Construction General Permit and compliance with the MS4 permit to minimize temporary increases in stormwater runoff. This comment has been noted for the record. 7-2 The commenter states there is a public health and safety issue, especially along Jefferson Avenue, regarding the lack of safe and accessible sidewalks for pedestrian travel. The Draft EIR acknowledges the need for additional sidewalks along Jefferson Avenue. Implementation of the proposed project would provide opportunities throughout the project area for sidewalks, as future development and new roadways are constructed. Moreover, a project-level environmental analysis would be prepared for each proposed project under the implementation of the Uptown Jefferson Specific Plan. This comment has been noted for the record. 7-3 The commenter states that there is a homeless issue and an increase in camping on many of the streets within the Jefferson Envision area. There is also a significant amount of long-term overnight parking (camping) taking place by the public and often times sewage can be seen coming from these overnight vehicles as well as group gatherings/encampments. CEQA does not require the analysis of social justice or socioeconomic issues as described above. This comment does not specifically address any inadequacies regarding the analysis in the Draft EIR. However, this comment has been noted for the record. 7-4 The commenter asks if the EIR addressed any soil testing, more specifically for liquefaction as it relates to soil stability for multiple-story buildings. As this document is a program-level document, no specific projects are proposed at this time that would require the proponent to analyze liquefaction potential for multiple-story Uptown Jefferson Specific Plan 3-45 ESA / 211247 Final Environmental Impact Report July 2015 3. Response to Comments buildings. However, as specific projects are proposed under the Uptown Jefferson Specific Plan, individual project applicants will be required to prepare site-specific geotechnical investigations that would include a liquefaction analysis. This comment has been noted for the record. Uptown Jefferson Specific Plan 3-46 ESA / 211247 Final Environmental Impact Report July 2015 C o m m e n t L e t t e r 8 C o m m e n t L e t t e r 8 C o m m e n t L e t t e r 8 C o m m e n t L e t t e r 8 C o m m e n t L e t t e r 8 C o m m e n t L e t t e r 8 3. Response to Comments Uptown Jefferson Specific Plan 3-53 ESA / 211247 Final Environmental Impact Report July 2015 Response to Letter 8: Pechanga Tribe – Temecula Band of Luiseño Mission Indians 8-1 The commenter states that the Tribe should be added to distribution list(s) for public notices and circulation of all documents, including environmental review documents, archaeological reports, and all documents pertaining to the project. The Tribe requests to be directly notified of all public hearings and scheduled approvals concerning the project. The Tribe requests inclusion of Tribal comments into the record of approval for the project. The commenter thanks the City of Temecula for providing mitigation aimed at preservation and protection of sensitive Luiseño cultural resources and traditional landscapes. Thank you for your comments. The Tribe will be included in all distribution lists for public notices and circulation of all documents, including environmental documents pertaining to the project. The Tribe will be directly notified of all public hearings and scheduled approvals for the project. This comment has been noted for the record. 8-2 The commenter states that the Pechanga Tribe has a specific legal and cultural interest in the proposed project because the Tribe is culturally affiliated with the geographic area. Additionally, the commenter states the Tribe has been exclusively named the Most Likely Descendent on projects within the City of Temecula and has specific knowledge of cultural resources and sacred places near the proposed project site. The Tribe wishes to continue to consult with the City of Temecula to further discuss and provide documentation concerning the specific cultural affiliation to lands within the City. Thank you for your comment. This comment has been noted for the record. 8-3 The commenter is concerned with the potential for intact subsurface features and tribal resources that may be present beneath buildings and parking areas that could be impacted by future development. The Tribe requests edits to Mitigation Measures MM-CUL-1 and MM-CUL-2 The requested edits to the Mitigation Measures MM-CUL-1 and MM-CUL-2 have been made to the Final EIR in response to this comment. The commenter is referred to Chapter 2, Errata for the changes to the Final EIR text edits. This comment has been noted for the record. 8-4 The commenter requests edits to Mitigation Measure MM-CUL-1. The requested edits to the Mitigation Measures MM-CUL-1 have been added to the Final EIR in response to this comment. The commenter is referred to Chapter 2, Errata for the changes to the EIR text edits. This comment has been noted for the record. 8-5 The commenter requests edits to Mitigation Measure MM-CUL-2. 3. Response to Comments Uptown Jefferson Specific Plan 3-54 ESA / 211247 Final Environmental Impact Report July 2015 The requested edits to the Mitigation Measures MM-CUL-2 have been made to the Final EIR in response to this comment. The commenter is referred to Chapter 2, Errata for the changes to the EIR text edits. 8-6 The commenter requests that the determination of significance after implementation of Mitigation Measure MM-CUL-4 be revised to significant and unavoidable because of the possibility that the mitigation measure may be insufficient to reduce the impact to below a level of significance. The City recognizes that unanticipated discovery of human remains during the course of ground disturbance must be treated with the utmost respect and consideration, and according to law. Prescriptive measures to be implemented in the event of an unanticipated discovery of human remains, wherever they may be found, are provided in the CEQA Guidelines, Section 15064.5(e)(1) specifically to address such circumstances. For the Uptown Jefferson Specific Plan, these measures are included by reference in Mitigation Measure MM-CUL-4. The comment identifies no greater impact on human remains than the one analyzed in the Draft EIR, and no evidence that MM-CUL-4 would be less successful than indicated in the analysis. As such, the determination of significance after mitigation in the Draft EIR remains appropriate. This comment has been noted for the record.