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HomeMy WebLinkAbout17-64 CC Resolution ' RESOLUTION NO. 17-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING PROGRAM FOR A PLANNED DEVELOPMENT OVERLAY AMENDMENT TO THE LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY (PDO-7) AND A DEVELOPMENT PLAN APPLICATION FOR THE CONSTRUCTION OF AN APPROXIMATELY 493,044 SQUARE-FOOT INDEPENDENT LIVING, ASSISTED LIVING, AND MEMORY CARE COMMUNITY CONTAINING 317 UNITS GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD (APNS 955-020-019, 955- 020-018, 955-020-012, 955-020-017) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: ' A. On December 21, 2015, Aaron Walker filed Planning Application Nos. PA15-1886, a Planned Development Overlay Amendment and PA15-1885 a Development Plan Application in a manner in accord with the City of Temecula General Plan and Development Code. B. On June 21, 2017, the Planning Commission recommended approval of Planning Application Nos. PA15-1886, a Planned Development Overlay Amendment, and PA15-1885 a Development Plan Application (collectively referred to as the "Project'). C. The Project was processed including, but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs 15000 et seq. (collectively referred to as "CEQA"). D. Pursuant to CEQA, the City is the lead agency for the Project because it is the public agency with the authority and principal responsibility for approving the Project. E. On June 21 , 2017, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or ' at the public hearing on June 21, 2017, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. Resos 17-64 1 F. The Planning Commission reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the June 21, 2017 public hearing, and based on the whole record before it found that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. G. On September 5, 2017, the City Council considered the Project and the Mitigated Negative Declaration at a duly noticed public hearing at which time the City staff presented its report, and all interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. H. The City Council reviewed the Mitigated Negative Declaration and considered all testimony and comments received regarding the Project and the Mitigated Negative Declaration prior to and at the September 5, 2017 public hearing, and based on substantial evidence in the whole record before it finds that: 1. The Mitigated Negative Declaration was prepared in compliance with CEQA; ' 2. There is no substantial evidence that the Project will have a significant effect on the environment; and 3. The Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Section 2. Based on the findings set forth in the Resolution, the City Council hereby adopts the Mitigated Negative Declaration and the Mitigation Monitoring Program attached hereto as Exhibit "A" and incorporated herein by this reference. The mitigation measures included in the Mitigation Monitoring Program will be imposed as enforceable conditions of approval of the Project. Resos 17-64 2 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 5th day of September, 2017. aryann Edwards, Mayor ATTEST: Randi J , City Clerk (SEAL] 1 Resos 17-64 3 STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 17-64 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 511 day of September, 2017, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Naggar, Rahn, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 1 COUNCIL MEMBERS: Edwards ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk Resos 17-64 4 Unfield Village Senlor Housing Development Project MITIGATION MONITORING AND REPORTING PROGRAM PROJECT NAME: Llnfleld VlBage Senior Housing Development Project PROJECT MANAGER: Stull Cooper,Associate Penner,City of Terni PROJECT DESCRIPTION: The Linrelo Vdage Senior Housing Development Project consists of all actions related to the design and construction of an approximately 490,048 SF independent living,assisted living,and memory care community named tinifeld%Allege'on an existing disturbed 15.58-acie vacant lot. PROJECT LOCATION: The proposed Prow is generally located in the City of Temecula located at the LNfield Christian School w Rancho Visa Road approximately 2,500 feet east of Margana Road at APN 955-020-008. INTRODUCTION: This document is the Mitigation Monllonng and Reporting Program(MMRP)for the Untietd Wage Senior Housing Project.An MMRP is required for the proposed Project because the ISRAND has identlted significant edven t impacts,and measures have been identified to mitigate Nose Impacts.This MMRP has been prepared pursuant to Section 21081.6 of the California Public Resources Code,which requires public agencies b"adopt a mporbng and monitoring program for the changes made to the projecs or conditions of project approval,adopted In order to mitigate or awld signAcanl effects on to environment." As the lead agency,Be City of Temecula wIl be responsible for monitoring compliance Win all mitigation measures.Different City departments are responsible for various aspects of the Project.The MMRP identifies the department with lie mcionslbitly for ensuring tine menus is completed;however,it is expected that one a more departments wit coordinate efforts to ensure complaints. The MMRP is presented in tabular fonn on the fdlwiag pages.The components of the MMRP are described briefly below. • Source and Mtigaeon Manure:The megaton measures are taken from the Initial Sludylh9tigated Negates Dedarelion(ISIMND),m the sae,order they appear N Nor ISIMND. • Timing:loenlries at which sage of the Project the mitgation must be compiead. • Moni onng Responsibility:Identifies the depatnent in the City with respona ilq for mitigation monitoring. • Date Completed and Signature:Provides a contact who reviewed Me mitigation measure and the date tie measure was delemuned complete. Mitigation Monitoring and Reporting Program Matrix City of Temecula Linfield Village Senior Housing Development Project DATE SOURCE MITIGATION MEASURE TIMING MONITORING COMPLETED SIGNATURE Section 3.3, AV Duality Mitigation Musum(AG1) Prior to Grading Permit Gty of Temewts Public Impact 3.3(b). Prior to issuance of an G Permit,meG Engineer shalt cenfirm stet the Issuance WoMS Department Im and(6), Y Grading ry rgi Grading Plan and project specifications stipulate that, in compliance with SCAQMD Rule 403,excessive hignive dust emissions shall be controlled by regular watering or other dust prevention measures, as specified in the SCAOMD's Rules and Regulations. In addition,SCAOMD Rule 402 requites implementation of dust suppression techniques to prevent fugttive dust from aeabng a nuisance offsite. Implementation of the following measures would reduce choh-tern fugitive dust impacts on nearby sensitive receptors • Pave or apply water every three hours during daily contruc5an ectlMbes or apply non-toxic Will mikk m;on all unpaved access marts,parking areas,and staging areas. More frequent watering shall occur if dust is observed migtatrig from the site during site disturbance; • Any on-site stockpiles of deeds,did,or older dusty material shall be enclosed,covered,or watered twice dally,or non-toxic soil Widens shell be applied; • All grading and excavation operstlons shall be suspended when wind speeds exceed 25 miles per hour; • Disturbed areas shell be replaced with ground cover or paved immediately attar conswcgon is completed in the affected area; • Trackout devices such as gravel belt track-out aprons(3 inches deep,25 feet long,12 feet wide per lane and edged by rock berm or row of stakes) shall on installed o reduce mudldid track-out from unpaved truck exit routes. Alternatively,a wheel washer shalt be used at truck all routes; • Onstts vel speed shalt be limited to 15 miles per lour; • All maternal transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust prior b deparbrlg the jab see;and • Trucks associated with soiFhauing acWbes shall avoid residential streets and Min City-designated truck routes to thus extent leasible, 2 Paae DATE SOURCE MITIGATION MEASURE TIMING MONITORING COMPLETED SIGNATURE Section 3.4, Biological Reaoumo Mmgatlon Measure(1110.1) Prior to mission of City of Teoroonla Impact 34(a) construction ectrytes Community Development and 3.4(0,and Construction should occur outside of tie avian treating season(generally Section 3.10, January 1-August 30).it wnstrudion must occur during the even breading /Public Woes knpwt 3.10(c) season, a qualified blobgist shall conduct a preconsWcton nesting bird Departments clearance survey in ak work areas and all area wttinin 500 feet of the general construction wre.This shall occur w more than one week prior to construction. Active nests shall be given an awcance buffer,typically 300 fast for non-/sled, non-raptor species,and 500 feel for listed and raptor species.This buffer shall remain in piece until the young fledge or the nest otherwise becomes nactvx, and may be reduced with approval from with US Fish and Willits Service andlor California Department of Fish and Widtite. Section 34, Biological Resources Mitigation Measure(810-2) Prior a Initiation of Cry of Temecula Impact 3.4(a) construction activities Community Development and 3.4(0,and If nesting bids are present.a 300-500 fool buffer(raptors and bids of prey /Public Works Sector 310 require a 500 foot buffer,other bids require a 300 foot buffer)shell be set up impact 3.10(c) end the active nest.The buffer e a no-work zone and construction agmtles Departments may not resume unit the nest is no lager active(i.e.adorn species am no longer showing asafing behavior, young have fledged).To detemNne when healing behaviors are finished,a qualified biologist shall monlbr the Trost weakly until the young nave fledged the area and the nest is no longer active. Section 3.4, Biological Resources Mitigation Measure(810.3) Wittin 30 days prior to any City of Temecula Impact 34(a) No more than 30 des grow d-disNrbkg Community Development and 3.4(q,and Y prior to my ground-disturbing construction activitM on Section 3.10 the Project site,a qualified biologist shall conduct a pneconstruction clearance construction ectNities Department Impact 3.10(c) survey for bumming awls and present the written results of the survey to the City. The survey shall be completed in areas of wisbb habitat on and within 250 bet of the Project site. Section 3.4, Biological Reaoumas Mitigation Measure(1110-4) Priors Grading Permit Gly of Terrews Public Impact 3.4(b) Prim lo issuance of a grading rtniL ire g Issuance Works Department and 3.4(c),and 9 gPe Project Applicant shall gain approval of Section 3.9, a Clean Water Act Section 404 permit from the Army Corps of Engineers,a Clean Impact 3.9(d) Water Act Section 401 Walter Quality Certification from the Sal Diego Regional Quality Control Bound,and a Section 1602 Streambed Altoation Agreement tom the California Department of Fish and Wildlife for Project imp acts to 0.2 acre of USACOE/RWQCB jurisdictional water and 0.19 we of impacts m COFW associated hoarse habitat resulting with expansion of Rancho Vista Road. Section 34, Biological Resources Mitigation Measure(BIO-5) Prior to Grading Permil Gry of Temecula Impact 34(b) Pna lo issuance of a mad Issuance Community Development and 34(c),and grading permit, and separate from any penmitlrg Section 3.9' mete rementsofthe affected w while agencies,the Pmjed Applicant shall prepare /Public Works Impact 79 A a Determination of BidogicalIy Equivalent or Supenor Preservation (DBESP) Deparlieens analyse,pursuant to the requirements of Sector 6.1.2 of the under she Western Riverside County Multiple Spades Habitat Conservation Plan(MSHCP). The DBESP shall be submitted to and appoved by Ire appropriate Wildlife Agencies prior to any Project-related gmunddisturbng actrAties. 3 1 Pauz DATE SOURCE MITIGATION MEASURE TIMING MONITORING COMPLETED SIGNATURE Section 3.5, Cultural Resources Mitigation Measure(CUL-1) During Eartnmoving City of Temecula Impact 3.5(b) Activities Community Development An aMhaeoagical monitor shell be present during any eartunoving activities associated with She Project.The monitor shall work under the direct supervision Depertment of a cultural resource professional who meets the Secretary of Interior's Professional Oualificaton Standards for archaeology. In the event an archaeological resource is uncovered, the moMOr shall be empowered to temporarily hat or redirect construction forwork in the Nciniy,of any find until the Pmjed archaeologist an evaluate it In the event of a relevant find,salvage excavation and reporting will be required.Grading or further ground disturbance shall not resume wihin the area of the discovery until an agreement has been reached by the developer,the archaeri and to Planning Director.Any recovered archaeological rescurces shall be processed and crated awxding to current professional repository standards as approprate.The colecmrhs and associated records shall be donated to an appropriate curabon facility,or,the artki may be delivered to the appropriate Native Amanan Tnbs(s)it that a recommended by the Gry.A final report containing me Signifiana and treatment findings snail be prepared by the archaeologist and Submitted to the City,if required. Section 3.5, Cultural Resources Mitigation Manure(CUL-2) During Eadhmoving City of Temeaa Impact 3.5(c) A paleonlologial motor shall be present during any earthmoving activities Actvities Community Development assocated with the Project The monitor shad work under me direct supervision /Pubic Works of a pateonum ial resource professional who meets the minimum qualifications Depertrnents for a vertebrate paleomologat as descnbad in the Standard Procedures for the Assessment and Mitgebon of Adverse Impecls to Paaontsogial Resources by the Society of Vertebrate Paleontology(2010).In the event a paleontological resource is uncovered,the monitor shalt be empowered 0 temporarily halt or redhrecl construction fa work in the vicinity of any And unU me Protect paleon ctogM an evaluate it In the event of a naevant find,salvage exavaton and reporting will be required.Grading or further ground disttroana shall not resume within the area of the discovery until an agreement has been reached by the developer,the paleonlol l and the Planning Director.Any recovered paleontological resources shad be processed and curated according to current professional repository standards as appropriate.The colkctions and assocated records shall be donated b an appropriate cuation facility,or,the artifacts may be delivered to to appropriate Native American Tnbe(s)if that is remrrhmended by me Gry.A final report conking the significance and treatment failings shall be prepared by the paleontologist and Submitted to the City,t required. Section 3.5, Cultural Resources Mhigallon Manure(CULJ) During Project Gtyof Temmecula Impact 3.5(d) Construction Community Development Consistent wit Sate CEDAery a roes,Section 1 y hum,Subdivision(e),in my /Pubic Works even)of an actlderhal discovery hr recagrsttonol any human remoras,the Count' Coroner shall be notified and construction activities at the affected work she shall Depamrharhls be hatted.If the remains are found to be Native Arnerian,the Native Amnon Heritage Commission(NAHC)shall be notified wtlan 27 tours by Ure County Coroner.The NAHC must immediately notify the Most Lively Descendent(s) under Public Resources Gods 5091.98 and the descendants must make 4 1 P „ DATE SOURCE MITIGATION MEASURE TIMING MONITORING COMPLETED SIGNATURE rrxprrunerdaaona or preference for treatment within 48 hours of being granted access to the site Guidelines of the NAHC shell be adhered b in de treatment and diapoaitpn of the remains in accordance wan he pmvisbm of Heats end Safety Cade§7050.5 and Pubic Resources Code 15097.98. Section 3.6, Geology and Solo Mhgation Measure(GEO.1) During Project City of Temecula Public and�Section 3.9, In accordance with the National Polatani Discharge Elimination System Construction Works Department Impact 39(a) requirerren5, the Project Appiwnl would prepare a Sbrmwater PWtition Prevention Plan(SWPPP)for approval by time City prior to grading activities.The SWPPP will include relevant Best Management Practices(BMPs)in order to minbn¢e soil erosion and water quality mpacts during Project construction. Section 3.8, Haams and Hanrdous Materials Mitigation Measure(hi During Project City of Temecula Impact 3.8(d) The Project Applicant shell retain the services of a Registered Professional Construction Community Development Engineer or Geologist,with experience in rematial Investigation,available for I Public Works consultation during soil excavation and grading activties. The Registered Departments Professional Engineer or Geologist shall be given full au8ariy,to oversee any eartmovng activses to determine if disturbed soils are contaminated. Section 3.8, Hazards nd Haurdous Metadals Mitigation Measure(HAZ-2) During Project City of Temecula Public Impact 3.8(d) 0 potentially contaminated soil is unearthed during site disturbance activities,the Construction Works Department Registered Professorial Engineer a Geologist shall impact the Identified area and determine the new for sampling to confirm the nature and extent of contamination. Depending on the nature and extent of contamination, he Registered Professional Engineer or Geologist shall have OM autaiy to temporarily suspend construction activity at that location for the proiecbon of workers or the public. If the Registered Professional Engineer or Geologist determines that significant remediation is necessary,the Project Applicant shall contact representatives of the San Diego Regional Water Quality Control Board, Department of Toxic Substances Conbal,and other local agencies,if applicable, for guidance and possble oversight The applicant will be required to implement all requirements identified by San Diego Regional Water Quality Control Board and Department of Toxic Substances Control. Section 3.12, Noise Mitigation Masi(NO1.1) Prior to Grading Permit City of Temecula Impact 3.12(a), Issuance Community Deveopmenl 3,12(c),and 3,12 Pnor to Grading Permit issuance, the Applicant shah demonstrate, to tre (d) satisfaction of the Director of Community Development that the Project complies Department with the Vowing: • Construction contracts specify that all construction equipment fixed or mobile,shed be equipped with pmpenlyoperarng and maintained mufflers and other state required noise a8enuauan devices. • Property owners and occupants located within 200 feet of the Protect boundary shall be sent a notice,as least 15 days prior to commencement of consbuctlon of each posse,regarding he construction schedule of the proposed Proji A sign, 'He at a distance of 50 feet shall also be 5 1 P a g e DATE SOURCE MITIGATION MEASURE TIMING MONITORING COMPLETED SIGNATURE posted at the Project construction site. All notices and sons shay be reviewed and approved by the City of Temecula Planning Department, prior to mailing or poskrhg and shah indicate the false and duration of construction activities,as well as provide a comact name and a temphme number where residents can inquire soon the construction process and register complaints. • Construction haul mules shall be designed to avoid nose senstive uses (e.g„residences,convalescent homes,etc),to the extent feasible, • During construction,stationary construction equipment shall be placed such that emitted noise is directed away from sensitive nose recei5ers. • Constrhwtian ac wises shah not take Aa®sutsde of the aloaable fwure specified by Its Cnys Municipal Code Sector 920D60(D)(7:00 a.m.and 6:30 p.m. Monday trough Sabnday, conductor activities are not permted on Sundays or national hoiday5), • Construction haul mutes shall be designed to avoid noise sensi lye uses fog,residences,convalescent homes,schools,churches,etc.),to the extent feasible. • During construction,stationary construction equipment shat be placed such that emitled now is directed away from sensitive now recepom