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HomeMy WebLinkAbout090518 PC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting[28 CFR 35.102.35.104 ADA Title II]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA SEPTEMBER 5, 2018—6:00 PM Next in Order: Resolution: 18-21 CALL TO ORDER: Flag Salute: Gary Watts Roll Call: Guerriero, Telesio, Turley-Trejo, Watts and Youmans PUBLIC COMMENTS A total of 15 minutes is provided for members of the public to address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form may be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form may be filed with the Commission Secretary prior to the Commission addressing that item. There is a three-minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. CONSENT CALENDAR 1 Minutes: RECOMMENDATION: 1.1 Approve the Action Minutes of August 1, 2018 1 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File COMMISSION BUSINESS 3 Formation of a Planning Commission Infill Subcommittee RECOMMENDATION: 3.1 Appoint two members of the Planning Commission to serve on the Infill Subcommittee PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Community Development Department application and must be accompanied by the appropriate filing fee. 4 Planning Application Number PA18-0583, a Conditional Use Permit to allow for an ABC Type 47 License and live entertainment at the Vail Ranch Cookhouse located at 32117 Temecula Parkway, Eric Jones RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 18- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0583, A CONDITIONAL USE PERMIT TO ALLOW FOR AN ABC TYPE 47 LICENSE AND LIVE ENTERTAINMENT AT THE VAIL RANCH COOKHOUSE LOCATED AT 32117 TEMECULA PARKWAY, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 960-010-044) 5 Planning Application Number PA18-0454, a Minor Conditional Use Permit to allow the Vail Ranch Historic site to conduct special events year round Tuesday through Sunday. The project is located at 32115 Temecula Parkway, Eric Jones RECOMMENDATION: 2 5.1 Adopt a resolution entitled: PC RESOLUTION NO. 18- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0454, A CONDITIONAL USE PERMIT TO ALLOW THE VAIL RANCH HISTORIC SITE TO CONDUCT SPECIAL EVENTS YEAR ROUND TUESDAY THROUGH SUNDAY AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) THE PROJECT IS LOCATED AT 32115 TEMECULA PARKWAY (APN: 960-010-044) 6 Planning Application No. PA18-0209, a Modification to a Development Plan to an existing Sears building's exterior elevations including new paint schemes, a tile wainscot, new architectural elements, materials and redesigned entry for a proposed Round1 indoor entertainment facility and restaurant on the lower level of the existing building at 40710 Winchester Road, Jaime Cardenas RECOMMENDATION: 6.1 Adopt a resolution entitled: PC RESOLUTION NO. 18- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0209, A MODIFICATION TO THE EXISTING SEARS BUILDING'S EXTERIOR ELEVATIONS INCLUDING NEW PAINT SCHEMES, A TILE WAINSCOT, NEW ARCHITECTURAL ELEMENTS, MATERIALS AND REDESIGNED ENTRY FOR A PROPOSED ROUND1 INDOOR ENTERTAINMENT FACILITY AND RESTAURANT ON THE LOWER LEVEL OF THE EXISTING BUILDING AT 40710 WINCHESTER ROAD (APN 910-420-029) AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). 7 Long Range Planning Project No. LR14-0010, a proposed amendment to the City of Temecula Development Code, establishing an Affordable Housing Overlay Zone Ordinance that would allow for the development of affordable housing projects on 44 parcels throughout the City, Dale West RECOMMENDATION: 7.1 Adopt a resolution entitled: PC RESOLUTION NO.18- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ADD 3 CHAPTER 17.21 ESTABLISHING AN AFFORDABLE HOUSING OVERLAY ZONE, AND MAKING THE DETERMINATION THAT THE PROPOSED ORDINANCE IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LONG RANGE PLANNING PROJECT NO. LR14-0010)" 8 Long Range Planning Project No. LR17-1551, a proposed amendment to the City of Temecula Development Code to adopt regulations to conform to Density Bonus Law (Govt. Code � 65915) which requires that local governments grant density bonuses to applicants if housing development projects meet specific requirements, Dale West RECOMMENDATION: 8.1 Adopt a resolution entitled: PC RESOLUTION NO.18- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ADOPT REGULATIONS TO CONFORM WITH DENSITY BONUS LAW (CALIFORNIA GOVERNMENT CODE SECTION 65915), AND FINDING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT" (LR17-1551) REPORTS FROM COMMISSIONERS REPORTS FROM COMMISSION SUBCOMMITTEE(S) DIRECTOR OF COMMUNITY DEVELOPMENT REPORT DIRECTOR OF PUBLIC WORKS REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, September 19, 2018, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center(41000 Main Street,Temecula)after 4:00 PM the Friday before the Planning Commission meeting. At that time,the agenda packet may also be accessed on the City's website—TemeculaCA.gov—and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the Commission regarding any item on the agenda, after the posting of the agenda,will be available for public viewing in the Main Reception area at the Temecula Civic Center(41000 Main Street,Temecula, 8:00 AM—5:00 PM). In addition, such material may be accessed on the City's website—TemeculaCA.gov—and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the Community Development Department at the Temecula Civic Center, (951)694-6400. 4 ITEM 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA AUGUST 1, 2018—6:00 PM Next in Order: Resolution: 18-20 CALL TO ORDER: Flag Salute: Lanae Turley-Trejo led the audience in the Flag Salute Present: Commissioners Guerriero, Telesio, Turley-Trejo, and Watts Absent: CHAIRMAN YOUMANS Also Present: Watson, Fisk, Marroquin, Rabidou, Moreno, and Jacobo PUBLIC COMMENTS There were no requests to speak during Public Comments. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Action Minutes of July 18, 2018. APPROVED 4-0-1, MOTION MADE BY COMMISSIONER TURLEY-TREJO, SECOND BY COMMISSIONER WATTS; AYE VOTES FROM COMMISSIONERS, GUERRIERO, TELESIO, TURLEY-TREJO, AND WATTS; YOUMANS ABSENT PUBLIC HEARING ITEMS 2 Planning Application Number PA18-0631, a Conditional Use Permit to allow for a Type 47 ABC license (On-Sale General for a Bona Fide Public Eating Place) at the AMC Temecula 10 theater located at 27531 Ynez Road, Brandon Rabidou APPROVED 4-0-1, MOTION MADE BY COMMISSIONER TELESIO, SECOND BY COMMISSIONER GUERRIERO; AYE VOTES FROM COMMISSIONERS, GUERRIERO, TELESIO, TURLEY-TREJO, AND WATTS; YOUMANS ABSENT RECOMMENDATION: 2.1 Adopt a resolution entitled: PLANNING COMMISSION ACTION MINUTES—AUGUST 1, 2018 Page 2 6:00 p.m. —6:30 p.m. PC RESOLUTION NO. 18-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0631, A CONDITIONAL USE PERMIT TO ALLOW FOR A TYPE 47 ABC LICENSE (ON- SALE GENERAL FOR A BONA FIDE PUBLIC EATING PLACE) AT THE AMC TEMECULA 10 THEATER LOCATED AT 27531 YNEZ ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA) (APN 921-270-055) REPORTS FROM COMMISSIONERS REPORTS FROM COMMISSION SUBCOMMITTEE(S) DIRECTOR OF COMMUNITY DEVELOPMENT REPORT DIRECTOR OF PUBLIC WORKS REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, August 15, 2018, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. Vice-Chairman Watts adjourned the meeting at 6:30 PM. Gary Youmans, Chairperson Luke Watson Planning Commission Director of Community Development 2 ITEM 2 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development DATE: September 5, 2018 SUBJECT: Director's Hearing Summary Report Planning Director's Agenda item(s) for August 2, and August 9, 2018 Date Case No. Proposal Applicant Action A Tentative Parcel Map(No. 37485)to divide an August 2, 2018 PA18-0215 existing parcel into two individual parcels on the Rod Bradley APPROVED 3.92-acre project site located at 41593 Winchester Road and 27315 Jefferson Avenue. A Conditional Use Permit for a proposed indoor Colton White on August 9, 2018 PA18-0592 classic car dealership and vehicle storage within Behalf of APPROVED an existing warehouse building located at 42020 Rancho Winchester Road. Performance Motors A Development Plan for the construction of an August 9, 2018 PA17-1422 approximately 3,379 square foot industrial Tim Cassel APPROVED building located at approximately 380 feet southwest of Tierra Alta Way on the south side of Avenida Alvarado. Attachments: Action Agendas ACTION AGENDAS ACTION AGENDA TEMECULA COMMUNITY DEVELOPMENT DIRECTOR'S HEARING MEETING August 2, 2018 1:30 P.M. TEMECULA CITY HALL GREAT OAK CONFERENCE ROOM 41000 Main Street Temecula, CA 92590 Next in Order: DH Resolution: 18-06 CALL TO ORDER: Luke Watson, Director of Community Development PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Director of Community Development on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Director about an item not listed on the Agenda, a white "Request to Speak" form may be filled out and filed with the Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 PM Project Number: PA18-0215 Project Type: Tentative Parcel Map (No. 37485) Project Title: Brea TPM Applicant: Rod Bradley Project Description: A Tentative Parcel Map (No. 37485) to divide an existing parcel into two individual parcels on the 3.92 acre project site Location: 41593 Winchester Road and 27315 Jefferson Avenue Environmental Action: Exempt, Section 15315, Class 15, Minor Land Divisions Project Planner: Scott Cooper ACTION: APPROVED The meeting was adjourned at 1:34 p.m. ACTION AGENDA TEMECULA COMMUNITY DEVELOPMENT DIRECTOR'S HEARING MEETING AUGUST 9, 2018 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street, Temecula, CA 92590 Next in Order: DH Resolution: 18-07 CALL TO ORDER: Luke Watson, Director of Community Development PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Director of Community Development on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Director about an item not listed on the Agenda, a white "Request to Speak" form may be filled out and filed with the Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 PM Project Number: PA18-0592 Project Type: Conditional Use Permit Project Title: Ranch Performance Motors CUP Applicant: Colton White on Behalf of Rancho Performance Motors Project Description: A Conditional Use Permit for a proposed indoor classic car dealership and vehicle storage within an existing warehouse building. Location: 42020 Winchester Road Environmental Action: Section 15301, Class 1, Existing Facilities Project Planner: Eric Jones ACTION: APPROVED Item No. 2 Project Number: PA17-1422 Project Type: Development Plan Project Title: Reliable Hauling DP Applicant: Tim Cassel Project Description: A Development Plan for the construction of an approximately 3,379 square foot industrial building. Location: Approximately 380 feet southwest of Tierra Alta Way on the south side of Avenida Alvarado Environmental Action: Exempt, Section 15332, Class 32, In-Fill Development Projects Project Planner: Scott Cooper ACTION: APPROVED The meeting was adjourned at 1:34 p.m. ITEM 3 FORMATION OF AN INFILL SUBCOMMITTEE (1) APPOINT TWO MEMBERS OF THE PLANNING COMMISSION TO SERVE ON THE INFILL SUBCOMMITTEE ITEM 4 STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: September 5, 2018 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application Number PA18-0583, a Conditional Use Permit SUMMARY: to allow for an ABC Type 47 License and live entertainment at the Vail Ranch Cookhouse located at 32117 Temecula Parkway. RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15301, Class 1, Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Gerald Tessier General Plan Highway Tourist (HT) Designation: Zoning Designation: Vail Ranch Specific Plan — SP10 Existing Conditions/ Land Use: Site: Existing Commercial/Highway Tourist (HT) North: Existing Parking Lot, Existing Commercial/Highway Tourist (HT) South: Temecula Creek, Existing Residential/Open Space (OS), Low Medium Residential (LM) East: Existing Commercial/Highway Tourist (HT) West: Existing Commercial/Highway Tourist (HT) Existing/Proposed Min/Max Allowable or Required Lot Area: 3.99 Acres Existing 0.45 Acres Minimum Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: N/A N/A 1 BACKGROUND SUMMARY On April 20, 2018, Gerald Tessier, on behalf of the Vail Ranch Cookhouse, submitted Planning Application PA18-0583, a Conditional Use Permit to allow a new restaurant to obtain an ABC Type 47 License (On-Sale General — Eating Place) and provide live entertainment. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The Vail Ranch Cookhouse is a proposed restaurant located within the Vail Ranch Historic Headquarters. The restaurant totals approximately 5,194 square feet and will feature four separately owned and operated kitchens that share a common bar. Patrons will order their meal at a counter and can then choose to eat indoors or outdoors on communal dining tables. Operating hours will be from 7:00 A.M. to 1:00 A.M. Sunday through Thursday. Hours for Friday and Saturday will be from 7:00 A.M. to 2:00 A.M. Not all kitchens will be active during the full operational hours. This is because some kitchens will cater towards breakfast and lunch while others will cater towards lunch and dinner. Menus for the proposed kitchens are attached to this Staff Report The Conditional Use Permit will allow the applicant to obtain a Type 47 license (On-Sale General - Eating Place). This license will allow for beer, wine, and distilled spirits to be served. The license will be maintained by the Smok'd Hog. Minors will be allowed on the premises. The applicant intends to serve beer and craft cocktails. According to the California Department of Alcoholic Beverage Control (ABC), the City does not need to process findings of Public Convenience or Necessity. These findings will be made by ABC. The project has been conditioned to ensure at least one kitchen will provide full menu service while the bar is open (COA No. 14). The CUP will also allow the Cookhouse to feature live entertainment on an outdoor stage located in the dining area. The entertainment will consist of music focusing on folk, country- western, and American roots genres. Entertainment will start no earlier than 11:00 A.M. and conclude no later than 10 P.M. seven days a week. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on August 23, 2018 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review. Section 15301, Class 1, Existing Facilities. The Conditional Use Permit will allow a new restaurant within the Vail Ranch Headquarters to obtain an ABC Type 47 (On-Sale General — Eating Place) license and provide live entertainment. The restaurant will be located within an existing structure. All access to public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is 2 in conformance with all zoning requirements contained in the Development Code. As a result, the restaurant represents a negligible addition to the Vail Ranch Headquarters. FINDINGS Conditional Use Permit (Development Code Section 17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code. The business will operate as a full-service restaurant with the primary purpose of offering a full menu of food within an existing building. The proposed conditional use is consistent with the City of Temecula General Plan, which identifies that the site is located in the Highway Tourist (HT) zoning district. The Development Code provides that restaurants that serve alcohol and restaurants that offer live entertainment are conditionally permitted uses in the HT zoning district. The sale of distilled spirits under a Type 47 (On-Sale General for a Bona Fide Public Eating Place) license, and the offering of live entertainment would serve as an incidental use to the establishment's operations. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The business will operate within an existing building. As conditioned, the proposed conditional use for a Type 47 (On-Sale General - Eating Place) license and live entertainment are compatible with the nature, condition and development of adjacent uses, buildings and structures because the surrounding area includes similar uses such as restaurants that offer live entertainment and retail establishments. The proposed conditional use will not adversely affect the adjacent uses, buildings or structures because the surrounding buildings are designed for restaurant and retail uses. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. The existing building was renovated in conformance with the Building Code, and Fire Code. Therefore, the site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission in order to integrate the use with other uses in the neighborhood. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project meets all the requirements of the Development Code, Fire Code and the Building Code, which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. 3 That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Director of Community Development, Planning Commission, or City Council on appeal. The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. ATTACHMENTS 1. Vicinity Map 2. Plan Reductions 3. Resolution 4. Exhibit A - Draft Conditions of Approval 5. Statement of Operations 6. Cookhouse Kitchen Menus 7. Notice of Public Hearing 4 VICINITY MAP City o Temecula PA 18-0583 • Z -- p Project Site f �PZ c� v� a� �J a• 250 500 Feet This map was made by the Cdy of Temecula Geographic Information System. The mop iu dorirvnl from @aoe Jala produced by the Riverside County Assessors Department andthe Transportation and Land Management Agency of Riverside J '1 County•The City of Temecula assurnes no warranty or legal responsibility for the NORTH information contained an this map.Data and information represented on thlsmap a are subject to update arid modification.The Geographic Information System and TLiI other sources should bequerled for the most current informalion. This map is not for reprint or resile. Information systems PLAN REDUCTIONS "COOKHOUSE" OWNER SHEET INDEX VAIL RANCH HEADQUARTERS LLC —`u'aea— TENANT IMPROVEMENT7~s"��" o"°""'® wsd.A zs. V o ea.Krr oR p�A1 11 E.-=;D=.LLIS A lC1 ErvT l sxwnr. PROJECT INFORMATION 111111 �p EXISTING BUILDING#2('LOOKHOUSE')FOOD COURT AD, EsmlOrn pin" 4 i Rr.ARaq �Ii1.Mlrxc _ woE; C " E 11AIE —1 o ""R.1M1 spneez KID.Erv� � ixlfl y�yyµ/y,y�yp t n rvp spneeI;KITCHER� �Nt% wi '�"+Lrxa....Nti v 1 9 ' :pAOwa PKaw° .—rw��r.mn wAa.xat�q.a wt ,••uq•�S.3s Q) AY NT c1MN1v 1rw1cnu�A a.eRc....a ig DI'_n n 11111 S 2 �r1ONOTmAUEL _— — s_ _ "RIIKENSGM ..ES SCOPE OF WORK z s3LhPE—— — 51 __ —i— >• f1 Evs Avl eARwTm vew.,rvlcs V R WALKIN 11.1s > Q RCC rvp.r f -- ——————— — --+-----_�ma' �a..�_t_� 1cw nEn1r11<11.rN 1�SrEM.N1 w.rES nE.rER t, OCCUPANCY LOAD 20I5CBC7ASTEI0041 1B2:€ 14^-•a_.Z__..._� �" c} L .Lwp=OiLrnAu4 ER11a TI c . ` K ,i wT.wt S 11 9 ' APPLICABLE CODES gl su tllNc., j i tlrttlA �} m9i' _ Lowrxc clo[s 1 CCCUUPAri1°AF i t 1L 11111 '` MCF1 1 � _ i o.n:meF are a { IEiewL011c uv� Loa s y I 1n IF1NrvInLE Rr1nL111E r E`,' Z DEFERRED SUBMITTALS �„°"LIF R 1 �oP;WaaAp I piryav ) wo;r.n,.A..10AE.«aR maOr oISTrvO.AOS11F;11,m1FRn � oE ROI HIEN K-eRs.BEIALNI1BEISOEFEBBEOSEB "If �C+A[+rITz�MMbnKO! sEpnwrepEPMIr 4 41 'rl ' ❑ W I oxu.Auerau _ = r,;: SITE PLAN GENERAL NOTES Title 24 ADA Compliance d �.� ^^^� Permit# � os t.,.n.w�.c+canw.E.wMaroA. _ nwnweaneEml.mw�,.wae rrweo THE ACCESSIBLE ACCESSIBLE OF TRAVEL SHALL BE THE MOST PRACTICAL .O.AT t.ITE OF-11L4N.A. SE CL D. r DIRECT F UTE DESGERJOBETWEEN ER IN R IBL RESPONSIBLE 4 IN epP 11 rNe 1nl.tEu,[p 1N E1 seaE lNry ouo[1 qM THE INSPECTED ER THE R IN RESPONSIBLE CHARGE OF THIS PROJECT ,NA&„101NU^' scopE lF woBK HAVE INSPECTED THE PREMISES AND DETERMINED THAT THE NEW RESTROOM;Si ANO;OR AREA OF ALTERATION WILL BE FULLY ACCESSIBLE ACCORDING TO CURRENT CODE REQUIREMENTS EIGBgIn PnA Nam ! OCC.— I � � SITE PLAN KEYNOTES ` �k,Jf � Fx1aTr11.«Es�1�LEp�R1r11. D'w OB coNarM,cE SEE A1:.1ETn1�-, O fVf!QMC»�MnFMtrin 4.+nl1 IAM THE INSPECTED THE SIT IN RESPONSIBLE CHARGE E THIS PROJECT bYC NtYl.lti T.+YdlO1�16VfLtYE HAVE INSPECTED THE MODIFIED CO DETERMINED THAT EXISTING IS)"ATER III c ^� w O CONDITIONS SHALL BE MODIFIED IN FULL COMPLIANCE WITH CURRENT SITE WFICE F1N e1MnrANce see Aoz.1 ru r aC6EWBLRY REQWNiS Tp THE FxTPlT +eggY L4W 4 nETM K�e OEVZ oN FTNAE >�aPA . 'n 1x NAx cRlss sElpE o v t IF THE BUILDING INSPECTOR DETERMINES NON-COMPLIANCE WITH ANY SITE LEGEND CURRENT ACCESSIBILITY PROVISIONS OF THE LAW.HE/SHE SHALL REQUIRE ® SUBMITTAL OF COMPLETE AND DETAILED PLANS TO BUILDING AND SAFETY V �! — — DIVISION OF THE DEVELOPMENT SERVICES DEPISTING FOR FURTHER ----�---- AccesslaLe pATn OF rPAUE� REVIEW PLANS MUST CLEARLY SHOW ALL EXISTING NON-COMPLYING — CONDITIONS AFFECTED BY THE REMODEL(INCLUDING SITE PLAN FLOOR .NOT PLANS DETAILS ETCH AND PROPOSED MODIFICATIONS OF DEFICIENCIES TO r MEET CURRENTS E FIELD INSPECTOR NS E PROVISIONS THE PLANS OR PLAIN BE SIGNED AN THE BUILDING DI THE FIELDTOR DETEPRIORRMINES THAT UL COMPLIANCEREVIEW uE O�ZI-1B C THE BUILDING INSPECTOR DETERMINES THAT FULL COMPLIANCE WITH CURRENT SITE ACCESSIBILITY REQUIREMENTS IS NOT PROVIDED HE/SHE SHALL REQUIRE SUBMITTAL OF A DETAILED SITE PIAN FOR ADDI fIONAL PIAN TEM REVIEW AND COMMENTS srtE FL,w pNov11e1 p1N vEFeNevice onLv �o.EC<�' rnelersNlrexlEKrIKSNEwoaKrlaEpnl�I1E1rv11eN rnlsllN,Nn1r N aea� SITE PLAN - VAIL HEADQUARTERS N �A1.0 X Hn flM/an/Lw O FLOOR PLAN KEYNOTES !ny I. 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PA18-0583, A CONDITIONAL USE PERMIT TO ALLOW FOR AN ABC TYPE 47 LICENSE AND LIVE ENTERTAINMENT AT THE VAIL RANCH COOKHOUSE LOCATED AT 32117 TEMECULA PARKWAY, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 960-010-044) Section 1 . Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 7, 2008 the Planning Commission approved Planning Application No. PA07-0239, a Development Plan for the restoration of the historic Vail Ranch Headquarters Complex proposing re-use of six historic structures totaling 13,390 square feet and 13,738 square feet of historically appropriate new construction for retail/office, restaurant and museum display uses on four acres within the Vail Ranch Specific Plan located at 32117 Temecula Parkway. B. On April 20, 2018, Gerald Tessier, filed Planning Application No. PA18- 0583, a Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on September 5, 2018, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA18-0583 subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permit, Development Code Section 17.04.010.E A. The proposed conditional use is consistent with the General Plan and the Development Code. The business will operate as a full-service restaurant with the primary purpose of offering a full menu of food within an existing building. The proposed conditional use is consistent with the City of Temecula General Plan, which identifies that the site is located in the Highway Tourist (HT) zoning district. The Development Code provides that restaurants that serve alcohol and restaurants that offer live entertainment are conditionally permitted uses in the HT zoning district. The sale of distilled spirits under a Type 47 (On-Sale General for a Bona Fide Public Eating Place) license, and the offering of live entertainment would serve as an incidental use to the establishment's operations. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The business will operate within an existing building. As conditioned, the proposed conditional use for a Type 47 (On-Sale General - Eating Place) license and live entertainment is compatible with the nature, condition and development of adjacent uses, buildings and structures because the surrounding area includes similar uses such as restaurant that offer live entertainment and retail establishments. The proposed conditional use will not adversely affect the adjacent uses, buildings or structures because the surrounding buildings are designed for restaurant and retail uses. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. The existing building was renovated in conformance with the Building Code, and Fire Code. Therefore, the site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project meets all the requirements of the Development Code, Fire Code and the Building Code, which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. E. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Director of Community Development, Planning Commission, or City Council on appeal. The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 1, Class 1, Existing Facilities); The Conditional Use Permit will allow a new restaurant within the Vail Ranch Headquarters to obtain an ABC Type 47 (On-Sale General — Eating Place) license and provide live entertainment. The restaurant will be located within an existing structure. All access to public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is in conformance with all zoning requirements contained in the Development Code. As a result, the restaurant represents a negligible addition to the Vail Ranch Headquarters. Section 3. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA18-0583, a Conditional Use Permit to allow for an ABC Type 47 License and live entertainment at the Vail Ranch Cookhouse located at 32117 Temecula Parkway, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of September 2018. Gary Youmans, Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 18- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of September, 2018, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA18-0583 Project Description: The Cook House Conditional Use Permit:A Conditional Use Permit to allow for an ABC Type 47 License at the Vail Ranch Cookhouse and live entertainment. The project is located at 32117 Temecula Parkway. Assessor's Parcel No.: 960-010-044 MSHCP Category: N/A(No New Square Footage or Grading) DIF Category: N/A(No New Square Footage) TUMF Category: N/A(No New Square Footage) Quimby Category: N/A(Non-Residential Project) New Street In-lieu of Fee: N/A(Not Located within the Uptown Jefferson Specific Plan) Approval Date: September 5, 2018 Expiration Date: September 5, 2020 PLANNING DIVISION General Requirements 1. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards,judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 2. Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 3. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant five extensions of time, one year at a time. 4. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 10 (Vail Ranch). 5. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 6. Signage Permits. A separate building permit shall be required for all signage. 7. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 8. Bona Fide Eating Place. Type 41 (On Sale Beer and Wine), 47 (On Sale General), and 49 (On Sale General) licensees must operate and maintain their licensed premises as a bona fide eating place. The on-site sales and consumption of alcohol are an incidental and ancillary use to the restaurant use. A licensee is presumed to be operating as a bona fide eating place if the quarterly gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages for the same period. The licensee shall at all times maintain records which reflect separately the gross sales of food and the gross sale of alcoholic beverages on the licensed premises. The records shall be kept no less frequently than on a quarterly basis and shall be made available to the City, or its designee, upon demand. A full menu shall be available for order during all hours that alcohol is served. The premises where the licensee operates must possess a full restaurant kitchen facility containing conveniences for cooking such as a working refrigerator and cooking devices. The premises must offer sit down meal service and food menus. "Meals" means the usual assortment of food commonly ordered at various hours of the day. The service of only sandwiches or salads is not considered compliance with the requirement to provide meals. The premises must comply with all regulations of the health department. 9. Food Service. The bona fide public eating place shall serve a full menu at all hours that alcohol is served. 10. Statement of Operations. The applicant shall comply with their Statement of Operations submitted April 20, 2018, on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. 11. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 12. City Review and Modification of CUP. The City, its Director of Community Development, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Director of Community Development, Planning Commission and City Council is in addition to, and not in-lieu of, the right of the City, its Director of Community Development, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 13. Postinq of Local Transportation Providers. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce at (951) 676-5090. 14. Kitchen/Bar Requirement. At least one of the four kitchens must be open and offering a full menu to patrons when the bar is operational. 15. Termination of Alcohol Sales. The last call indicating the termination of the sale of alcohol shall be no less than one half(1/2) hour prior to closing for all nights of operation. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 16. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PUBLIC WORKS DEPARTMENT General Requirements 17. Conditions of Approval. The applicant shall comply with all Conditions of Approval and City codes/standards at no cost to any governmental agency. 18. Onsite Parking. The applicant shall ensure that there is an adequate number of on site parking spaces. If street parking is proposed, the applicant shall obtain approval from the Traffic Engineering Division prior to the event. 19. Siqns. Signs advertising the event shall be placed on private property. 20. No Usage of Public Right-of-Way. Vendors and all activity shall occur on private property; no vendors shall be allowed within the public right-of-way. 21. Water Quality. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscaped debris and waste from entering storm drain systems or from leaving the property. Spills and leaks must be cleaned up immediately; hosing down parking areas, sidewalks, alley or gutters is not allowed. Ensure that all materials and products stored outside are protected from the rain. Ensure that all trash bins are covered at all times. BUILDING AND SAFETY DIVISION General Requirements 22. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building plans are reviewed and submitted to Building and Safety. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 23. Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code,2016 California Energy Codes, 2016 California Green building Standards, California Title 24 Disabled Access Regulations, Temecula Municipal Code. 24. ADA Access. Provide details of all applicable disabled access provisions and building setbacks on the plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entry. c. Path of accessibility from parking to furthest point of improvement. 25. Obtain Approvals and Permits. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 26. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin or below. 27. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. Prior to Issuance of Grading Permit(s) 28. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 29. Plans Require Stamp of Registered Professional. Provide appropriate stamp of a registered professional with original signature on the plans. FIRE PREVENTION General Requirements 30. Fire Requirement. Any changes to any cooking equipment will require a hood extinguishing system permit. POLICE DEPARTMENT General Requirements 33. Type 47 License. The applicant has applied for a Type 47 On-Sale General — Eating Place (Restaurant) which authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises and authorizes the sale of beer and wine for consumption off the licensed premises. Applicant must operate and maintain the licensed premises as a bona fide eating place. Minors are allowed on the premises. 34. Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. 35. Ensure No Alcohol Sold or Consumed by Person Under the Age of 21. The applicant shall ensure that no alcohol is sold to or consumed by any person under the age of 21. 36. Identification Verification. Identification will be verified utilizing one of the following: (a) valid California driver's license; (b) valid California identification card; (c) valid military identification card (active/reserve/retired/dependent); (d) valid driver's license from any of the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, County or City agency. 37. Acceptable Forms of Identification. As noted above, only a valid government issued identification card issued by a Federal, State, County or City agency is acceptable, providing it complies with Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). It is the responsibility of the business owner and any person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages. 38. Section 303 (a) (PC). On-sale licensees may not: (a) employ hosts, hostesses, or entertainers who solicit others to buy them drinks, alcoholic or non-alcoholic; (b) pay or agree to pay such an employee a percentage of the receipts from the sales of drinks solicited; (c) permit any person whether an employee or not, to loiter for the purpose of soliciting an alcoholic drink. 39. Undue Number of Calls for Service. Licensees may not permit their licensed premises to be a problem for the local law enforcement agency by needing an undue number of calls for service. The licensed premise includes the parking lot (Section 24200 (a)(B&P). 40. Maintain Premises as a Bona Fide Eating Place. Type 41, 47 and 49 licensees must operate and maintain their licensed premises as a bona fide eating place. They must make actual and substantial sale of meals, during the normal meal hours that they are open, at least five days a week. Normal meal hours are: breakfast 6:00 a.m. — 9:00 a.m., lunch 11:00 a.m. — 2:00 p.m., and dinner 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. The premises must be equipped and maintained in good faith. This means the premises must possess working refrigeration and cooking devices, pots, pans, utensils, table service, condiment dispensers, menus, posters, signs, and enough goods to make substantial meals. The premises must comply with all regulations of the local health department. Incidental, sporadic or infrequent sales of meals or a mere offering of meals without actual sales is not compliance. "Meals" means the usual assortment of food commonly ordered at various hours of the day. The service of only sandwiches or salads is not considered compliance. However, certain specialty entrees, such as pizza, fish or ribs, and an assortment of other foods, such as soups, salads or desserts, may be considered a meal. The Department will presume that a licensee is operating as a bona fide eating place if the gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages. "Prepared" means any processing preliminary to the final serving of food. (Note: Some licensees have a "conditional" license that requires food sales to be 50% or more of the total gross sales Sections 23038 and 23787 B&P). 41. No Alcohol Sales Between 2:00 am and 6:00 am. Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. Section 25631 B&P Code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m. Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter that the law. Those licenses are marked "Conditional" (23805 B&P). 42. Inspections. Police officers, sheriff's deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer (Sections 25616, 25753, and 25755 B&P; 148 and 241 (b) PC). 43. Disorderly House. Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc; and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premise includes the parking lot (Section 25601 B&P; 316 PC). 44. Employee Traininq for Identification Checks. The applicant shall ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees. Contact the Crime Prevention and Plans Unit at (951) 506-5132 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees/ management are hired. 45. Entertainment Rules. On-sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate; (a) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; (b) the touching, caressing or fondling on the breast, buttocks, anus or genitals; (c) the displaying of the pubic hair, anus, vulva or genitals; and (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of her or her genitals or anus (Rule 143.3 CCR. Also violates Section 311.6 PC if conduct is "obscene," e.g. intercourse, sodomy, masturbation, etc.) 46. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. STATEMENT OF OPERATIONS Project Description The historic 1915 Cookhouse at Vail Headquarters was for seven decades the location that ranch cooks lived,prepared and served hearty meals to the working cowboys and ranch hands of the 90,000 acre Vail Ranch. It was in many ways the center of ranch life-where the ranching crew and community gathered to eat and drink, discuss work, swap stories and socialize. The Cookhouse carries on this tradition today. The Cookhouse at Vail will feature four chef-owned and operated kitchens joined together to create a unique cookhouse dining experience. In addition a chef-mixologist from San Diego will create a unique craft cocktail and beer experience to pair with the diverse cuisine offered at Cookhouse. The Cookhouse will feature indoor and outdoor communal dining tables and counter-ordering so that a family or group of friends can order from four distinct menus yet share in a singular family-friendly and community-minded dining experience. The Cookhouse will be open for breakfast, lunch, dinner and late-night bites seven days a week. Operating hours will start with breakfast at 7 am and conclude with late night food and bar operations, which shall end by 1 am Sunday through Thursday and 2 am on Friday and Saturday night. It is important to note that not all businesses will be open during all operating hours. One or two of the food concepts will appeal more to breakfast and lunch appetites and other food concepts will appeal more to lunch and dinner(from early dinner to late night bites). And while there may be a special breakfast or brunch menu that is different and shorter than the full menu, the full menu will always be served for the duration of the dinner service that ends at close of business,no matter how late the closing is(the only exception being daily specials or other special prep items (liked cured and smoked meats for example) that sometimes will be so popular that the kitchen will run out at some time in the evening. The Cookhouse will be a family-friendly environment. Full menu food service of at least one kitchen will be provided at all times when the craft cocktail bar is open. The Cookhouse will have a single Type 47 license for a bona-fide eating establishment and that license will be in the name of the Smok'd Hog Tenant who will be operating both the Smok'd Hog kitchen and the Vail Headquarters craft cocktail bar. As such, at a minimum the Smok'd Hog kitchen full menu will be available whenever the bar is open. Customers will only be able to order any alcoholic beverage directly at the bar or at certain peak times by waitress service. The bar area, while licensed to be open to all ages, is designed to be a bit separate from the main dining area. Light entertainment will be provided on occasion on a small outdoor stage,but there will never be a separate charge or cover for any entertainment. Entertainment provided will mostly be acoustic or small amplified trios for background ambiance focusing on folk, country-western, and American roots music which could have been typically heard on the working Vail ranch. While there currently is no defined weekly schedule for entertainment, it is proposed that entertainment would start no earlier than 11 am and would end no later than 10 pm seven days a week. Smok'd Hog&Vail HQ Bar—Barbecue Roots Food and Craft American Cocktails Inspired by American regional barbecue cuisine and a contemporary take on a classic western whiskey bar,the pairing at the Smok'd Hog&Vail HQ Bar will pay homage to and celebrate the rich history of their American roots and the Cookhouse at Vail Ranch by focusing on their respected original culinary art forms-BBQ and the traditional American cocktail. Chef Chris McAfee and mixologist Michael Lamantia have selected specific soulful dishes and beverage offerings that evoke the same pride, spirit, and feeling consistent with Vail Headquarters and the original cook hall and dining house for the Vail Ranch, known as the Cookhouse. The beef brisket in inspired by the best smokehouses of Texas,pulled pork is served Carolina style, and ribs are prepared and seasoned akin to the best rib shakes in Kansas City. Amo Nakatl Asada—Vegan Mexican Food for your Soul. Amo Nakatl literally translates to No Meat in Nahuatl,the ancient Mexican language. Growing up in a family-owned and operated taco stand, Chef Tony Lucero considers himself lucky to have learned all of the aromas, flavors and textures of Mexican cuisine,but now he finds healthier alternatives without losing the original of his ancestral food and without using animal products. Every menu item is authentic Mexican recipes that have been"veganized". Amo Nakatl's menu is not only good for the animals and Pacha Mama(Mother Earth)but as well for your body and your taste buds. La Isla Ceviche—Baja California Fish Stand La Isla is a Temecula-based family-owned business. Ruffo,Monica and their daughter Jessica have been creating their family recipes since 2010 which are highly anticipated fare at a dozen Southern California Farmer's Market. Their prized ceviche, aguachile, guacamole and fish and shrimp tacos are inspired by their family Baja roots! Their menu at their first"bricks and mortar"location will also feature some of the family's most delicious recipes like their Paella, Camarones Al mojo de Ajo and one of a kind Avocado shooter. Wingman—Fried Chicken Wings like no other Wingman was founded on the premise of combining both American and Asian influences to create the perfect poultry place. Specializing in fried chicken wings, Wingman challenges the established corporate definition of wings and pushes the flavor profile to new heights. Whether it's wings with rice, chicken with fries, a humongous sandwich, or even served in a cone,Wingman's executive chef Kevin Bobby Nguyen is looking to make a statement worthy of your attention and appetite. KITCHEN MENUS Classic Menu Full menu avaliable,due to rotating seasonal sandwiches Carolina Gold Full Pork Sandwich $8 Pull Pork, Mustard BBQ Sauce, and Coleslaw KC Pull Pork Sandwich $8 Pull Pork, Pickles, and BBQ Sauce Cubano $8.5 Aioli, Dejion, Pickles, Ham, Poasted Pork Shoulder, and Swiss Cheese Smoked Pork Belly Tacos $7.5 Avocado Crema, Pico, Cotija, with Smoked Salsa Smoked Turkey Cream Cheese, Cranberry Sauce, Pickled Red Onions, Bacon, Arugula and Citrus Vinaigrette BBQ Pulled Chicken $8 Pulled Smoked Chicken, KC Sauce, Blue Cheese and Red onions Cornbread $3 Collard Greens $3.5 Mac snd Cheese $4 Black Eyed Peas $3 Coleslaw $3 Sweet Potatoes $3.5 Potato Salad $3.5 p�v NA 45A AMO NAKATL ASADA Vegan Cuisine MENU Choices of "meats": *Jackfruit "carnitas", *Pork-less adobada, *Beef-less asada, *Chicken-less asada, *Beer battered fish-less. Patties: Adobada patty, beef-less patty, spicy chik patty. 1. *Tacos -Choice of "meat", cilantro/onion or pico & guacsalsa. Beer battered fish-less taco comes with our veg tartar, red/green cabbage, pico & guacsalsa. 2. Tortas or *Burgers -Choice of "meat" or meat-less patty, citrus onion, citrus tomato, cilantro, fresh greens & veg avocado aioli. 3. Burritos or *Bowls -Choice of "meat", rice, beans & choice of veggie toppins/salsas. Breakfast burritos (soy chorizo, ham-less, machaca) all come with organic tofu scramble & veg cheeze. 4. Quesadillas -Plain or with your choice of "meat". 5. *Nachos or *Fries -Get them REGULAR with cashew nacho cheeze & jalapenos or get them LOADED with choice of "meat", cashew nacho cheeze, beans, pico, cashew cream & guacsalsa. Beverages -Aguas Frescas: Vary by seasonal fruit, Horchata & Hibiscus tea. *Gluten-free option available. Allergens: Soy/ Gluten/ Nuts LA ISLA CEVICHE, A FAMILY • • � OWNED BUSINESS, RUN BY BUFFO, MONICA AND JESSICA WAS FOUNDED IN 2010. THEY HAVE BEEN CREATING THEIRh - FAMILY RECIPES IN VARIOUS SOUTHERN CALIFORNIA FARMERS MARKETS. THEIR LA ISLA FOODS PRIZED CEVICHE, AGUACHILE, PEOPLE ARE TALKING ABOUT IT... LA ISLA FOODS GUACAMOLE, FISH AND SHRIMP TACOS ARE INSPIRED E N U BY THEIR FAMILY BAJA ROOTS! ALONG WITH SOME OF THE FAMILIES MOST TEMECULA, CA DELICIOUS RECIPES LIKE Phone: 951-595-5162 THEIR PAELLA, CAMARONES Email: laislaceviche@gmail.com AL MOJO DE AJO AND THE ONE AND ONLY AVOCADO BAJA STYLE SHOOTER ARE JUST A FEW MEXICAN SEAFOOD THINGS YOU CAN EXPECT CUISINE WHEN YOU VISIT US...WELCOME TO OUR FAMILY!!! Phone: 951-595-5162 Email: laislaceviche@gmail.com 00*PIDA4 PONED 0.00 lob *06 *000* 40D *Colo goo * quo 00*11010 01D CEVICHE COCKTAILS BURRITOS FISH OR SHRIMP MARINATED IN LEMON A ZESTY MIX OF FRESH SEAFOOD, Fresh selection of seafood wrapped in a flour JUICE MIXED WITH TOMATOES, ONIONS, TOMATO AND LIME JUICES, CUCUMBERS, tortilla. Add Potat CILANTRO, JALAPENOS. SELECTION OF AVOCADO AND HOT SAUCE. Served with Salt BREAKFAST 0.00 FISH WILL VARY DEPENDING ON crackers Shrimp Omelette made with Onions, SEASONAL AND AVAILABLITY SHRIMP 0.00 Red Bell Peppers, Garlic, Farm Fresh HALIBUT 0.00 Eggs with Oaxaca Cheese Wild & Local caught SHRIMP AND OCTOPUS 0.00 SHRIMP 0.00 YELLOWTAIL 0.00 Ranchero Style: sauteed with onions, Wild & Local caught CAMPECHANA 0.00 tomatoes, Anaheim chiles, cilantro and SEABASS 0.00 Shrimp, Octopus, Scallops and garlic Wild & Local caught Oysters MACHACA (FISH OR SHRIMP) 0.00 SHRIMP 0.00 OYSTER SHOTS 0.00 Sauteed with Tomatoes, Onions, Chiles,Garlic AVOCADO SHOOTER 0.00 Open faced with lemon and salt and Cilantro Whole Avocado topped with your choice of ceviche with chips on the side TACOS TOSTADAS AGUACHILE 0.00 AN ARRAY OF BAJA STYLE FISH OR SHRIMP BUTTERFLY SHRIMP MAARINA TED IN A TACOS MADE TO ORDER CEVICHE 0.00 JALAPENO LIME PUREE. LAYERED WITH Fish or Shrimp CUCUMBERS, RED ONIONS, JALAPENOS, BEER BATTERED HALIBUT 0.00 AND TOPPED WITH AVOCADO SLICES Topped with Cabbage, Pico de Gallo, BAKED SCALLOP 0.00 STARTERS AND SIDES Chipotle Sour Cream on Corn Tortilla ENTREES BEER BATTERED SHRIMP 0.00 SHRIMP AL MOJO DE AJO 0.00 CRAB STUFFED JALAPENO Topped with Cabbage, Pico de Gallo, Rice, Beans and Lettuce w/Tomatoes Chipotle Sour Cream on Corn Tortilla POPPERS 0.00 PAELLA VALENCIANA (WKND) 0.00 0.00 Clams SHRIMP EMPANADITAS 0.00 GRILLED MARLIN Chicken, Shrimp, Mussels, , GUACAMOLE W/CHIPS 0.00 Smoked Marlin made with Roasted Spanish Chorizo, Peas, Baguette with CHIPS AND SALSA 0.00 Tomatoes, Onions, Anaheim Chiles Aioli sauce SALMON DIP W/CRACKER 0.00 topped with lettuce, Mexican Crema 7 Mares (WEEKENDS) 0.00 and Cotija Cheese, Toasted Corn ALBACORE DIP W/CRACKERS 0.00 Seafood Soup with Shrimp, Fish, s, SMOKED FISH W/ CRACKERS 0.00 Tortilla GRILLED SHRIMP OR FISH 0.00 Octupus, Clams, Mussels, Scallops, AND CREAM CHEESE DIP Clam Chowder Sourdough Bow10.00 SHRIMP BOWL 0.00 Mixed with Onions, Bell Peppers, Creamy and Buttery FISH & CHIPS BOWL 0.00 Garlicv & Topped with Lettuce, LOBSTER (IN NEAR FUTURE) 0.00 Mexican Crema and Cotija Cheese. PUERTO NUEVO STYLE �J MAIN CHICKS 6 Piece Wings 10 Piece Wings 15 Piece Wings 2 Flavors 2 Flavors 1 Flavor SINGLE CHICKS (SANDWICHES) Cluckin' Good Sandwich Fried chicken, the house sauce: sweet garlic soy and kimchi slaw. Sweet Chick Sandwich Fried chicken, honey mustard, lettuce and tomato. Buff Chick Sandwich Fried chicken, Sriracha Buffalo, blue cheese crumbles, red onion, tomato and lettuce. Basic Chick Sandwich Fried chicken, garlic, aioli, lettuce, tomato, Swiss and bacon. SIDE CHICKS (WAFFLE FRIES) Buff Chick Loaded Fries Sriracha Buffalo, ranch, popcorn chicken, blue cheese crumbles and waffle fries. Corny Chick Loaded Fries Honey Sriracha, popcorn chicken, mozzarella cheese, sweet corn and waffle fries NOTICE OF PUBLIC HEARING Notice of Public Hearing s: A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: 1989 CASE NO: PA18-0583 APPLICANT: Gerald Tessier PROPOSAL: A Conditional Use Permit to allow for an ABC Type 47 License (Restaurant, Beer, Wine, and Distilled Spirits) and live entertainment at the Vail Ranch Cookhouse located at 32117 Temecula Parkway. ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1, Existing Facilities) CASE PLANNER: Eric Jones, (951) 506-5115 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: September 5, 2018 TIME OF HEARING: 6:00 p.m. p1� � Project Site V�ck� Ff' 1'V - 4T d 500 100 Feel The complete agenda packet(including any supplemental materials)will be available for viewing in the Main Reception area at the Temecula Civic Center(41000 Main Street, Temecula)after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website—TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to a majority of the Commission regarding any item on the Agenda,after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m.—5:00 p.m. In addition, such material will be made available on the City's website—TemeculaCA.gov—and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of,which attacks or seeks to set aside, or void any decision of the Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at(951)694-6400. ITEM 5 STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: September 5, 2018 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application Number PA18-0454, a Minor Conditional Use SUMMARY: Permit to allow the Vail Ranch Historic site to conduct special events year round Tuesday through Sunday. The project is located at 32115 Temecula Parkway. RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15301, Class 1, Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Jerry Tessier General Plan Highway Tourist (HT) Designation: Zoning Designation: Specific Plan No. 10 (Vail Ranch) Existing Conditions/ Land Use: Site: Existing Commercial Center/ Highway Tourist (HT) North: Existing Commercial Center/ Highway Tourist (HT) South: Wolf Store Road, Temecula Creek, Existing Residential / Highway Tourist (HT), Open Space (OS), Low Medium Residential (LM) East: Existing Commercial Center/ Highway Tourist (HT) West: Existing Commercial Center/ Highway Tourist (HT) Existing/Proposed Min/Max Allowable or Required Lot Area: 3.99 Acres Existing 2.18 Acres Minimum Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: N/A N/A 1 BACKGROUND SUMMARY On May 7, 2008 the Planning Commission approved Planning Application No. PA07-0239, a Development Plan for the restoration of the historic Vail Ranch Headquarters proposing re-use of six historic structures totaling approximately 13,390 square feet and approximately 13,738 square feet of historically appropriate new construction for retail/office, restaurant and museum display uses within the Vail Ranch Specific Plan located at 32117 Temecula Parkway. On March 26, 2018, Jerry Tessier submitted Planning Application PA18-0454. The application is a Conditional Use Permit that will allow weekly special events at the Vail Ranch Headquarters. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The proposed Conditional Use Permit will allow events to be held at the Vail Ranch Headquarters Tuesday through Sunday. A Site Plan and Statement of Operations for each event is attached to this report. Alcohol will only be available during the Saturday event. A summary of each event is provided below: Tuesday - Farmers Market: The farmers market will focus on the sale of produce grown locally and sold by certified growers. The certified growers section of the market will be located at the rear of the property. Other food and craft vendors will be located in the center of the project site along the stagecoach pathway. The existing stage will be utilized for live music and performances (e.g., comedy, magic, puppetry, etc.). At certain times a year, the event may also feature a petting zoo, face painting and historical displays and re-enactments. The farmers market will operate every, Tuesday regardless of weather, between 8:00 A.M. and 1:00 P.M. Vendors will arrive no earlier than 6:00 A.M. for set up and will complete take down by 3:00 P.M. Wednesday— Movie Night: A movie will be shown on Wednesday nights, weather permitting. On occasion there could also be an opening act before the film. Types of opening acts include, comedians, magicians, and live music. Vendor booths will be available to offer pre-packaged food. The event will take place on the existing main stage between the hours of 5:00 P.M. and 10:00 P.M. Thursday— Music Night: Live music will take place on the main stage Thursday evenings weather permitting. Vendor booths will be available to offer pre-packaged food. The music will consist of family friendly genres such as classic rock, blues, jazz, country western, and folk. The event may also feature an opening act before the music begins. Types of opening acts include a comedian, magician, or similar performer. The event will take place between the hours of 5:00 P.M. and 10:00 P.M. Friday— Bazaar Night: The Friday Bazaar Night is designed to focus on arts, crafts, artisan food and entertainment. The event will be located in the center of the project site. Live entertainment will be similar to other events throughout the week and take place on the main stage. A horse drawn carriage, hay wagon, or stagecoach will offer rides. The event will take place between 5:00 P.M. and 10:00 P.M. 2 Saturday—Jamboree Day: Jamboree Day is designed to focus on community wide celebrations. These include, but are not limited to, Harvest Day, Earth Day, Arbor Day, summer and winter solstice, Easter Egg Hunt, Christmas Tree Lighting, Santa Claus events, pumpkin patch and trick-or-treating events, and 4t" of July. These events would commonly include entertainment on the main stage, food booths along the stagecoach path, games, arts and crafts activities, and rides such as a train, hay wagon, or stagecoach. The event will take place between 10:00 A.M. and 10:00 P.M. On Saturday only, a separate enclosed beer and wine garden area will be created in the center of the site and be consistent with requirements established by the California Department of Alcoholic Beverage Control (ABC). Operational restrictions shall include, but are not limited to, the following: the garden will be restricted to persons 21 years or older with ID check at the entry. Each patron will receive an identifying stamp or wristband. There will be a minimum 36 inch fence around the entire beer garden with entry-exist control points with staff at each point. There will also be a minimum of two security guards deployed at the garden. ABC has informed staff that the City does not need to make Findings of Public Convenience or Necessity for Jamboree Day. Sunday— Sunday Fun Day Sunday Fun Day is designed to focus on arts and crafts, children's games and entertainment, and historically related activities. Food and craft vendors will be located in the center of the project site. The existing main stage will be utilized for live music and other forms of entertainment such as comedians, magicians, and puppetry. Children activities will include a petting zoo, face painting, and arts and crafts booths. Hay wagon, train, or stagecoach rides will also be available. The event will take place between 11:00 A.M. and 8:00 P.M. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on August 23, 2018 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review. (Section 15301, Class 1, Existing Facilities) The Conditional Use Permit will allow various special events to be conducted on a weekly basis. These events will take place at the previously approved historic Vail Ranch Headquarters. All access to public utilities are available to the site. The proposed events, with issuance of a Conditional Use Permit, are in conformance with all zoning requirements contained in the Development Code. As a result, the events represent a negligible addition to the Vail Ranch Headquarters. 3 FINDINGS Conditional Use Permit (Development Code Section 17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code. The conditional use will consist of special events taking place at a previously approved historic site. The proposed conditional use is consistent with the City of Temecula General Plan, which specifies Highway Tourist (HT) for this site. The project is also consistent with the Vail Ranch Specific Plan. The project is located within a historic site. Historic sites typically host special events due to their focus on tourism. There is no conflict between the City of Temecula General Plan and Development Code. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The conditional use will consist of special events with live entertainment and consumption of alcohol (Saturday only). The special events are compatible with the nature, condition and development of adjacent uses, buildings and structures because the surrounding area includes similar restaurant and retail uses within a commercial center. It is common for commercial centers to offer entertainment upon the approval of a Temporary Use Permit or a Conditional Use Permit. The proposed conditional use will not adversely affect the adjacent uses, buildings or structures because the surrounding built environment is designed as part of a larger commercial center. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The existing site was renovated in conformance with the Building Code, Development Code, and Fire Code. Therefore, the site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission in order to integrate the use with other uses in the neighborhood. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project meets all the requirements of the Development Code, Fire Code and Building Code, which provide safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Director of Community Development, Planning Commission, or City Council on appeal. 4 The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. ATTACHMENTS 1. Vicinity Map 2. Special Event Site Plan Reductions 3. Resolution 4. Exhibit A - Draft Conditions of Approval 5. Special Event Statement of Operations 6. Notice of Public Hearing 5 VICINITY MAP City of Temecula PA 18-0454 - CAmp R��LA WY - n Co C_ ! J 101 Q f r� SRO R �F 8� I d Pt�OP TR ,M r Y Ott �g4 4 250 500 Feel This map was made by the City of Temecula Geographic Information System. The map is Ecrt ed firm ta"dala produced by the Riverside County Assessoes Department and the Transportation and Land Management Agency of Riverside ��r.�,���–�� County.The City in Temecula assumes no warranty or legal responsibility for the / / NORTH arormati c contained on this map.Data and information represented on this map Il// are subject tc update and modification.9wrThe Geographic Information System and other sources should be queried for the most current information. This map is not for reprint or resale. (4,s—Ir.jrv,w rir:]rl,�tlnq Systems SPECIAL EVENT SITE PLAN REDUCTIONS USTOM NG FH - MAIN PEDESTRIAN ENTRANCES SIGNAGE WOLF STORE ROAD A 4 ► ► 0 p WOLF STORE -4 _---._ -_ 1 4 FAMOUS ■������ FOOTWEAR NEW STABLES � COOK FK]E1,SE ❑ `, dMAC E BARN - L CARRETA�KER ' w� T 0 q . L BUNKHOUSE t:::3OERTIFIED FARMERS AREA pp �+ FH 0 ©❑� RIVERTRAIL I L� VAIL HEADQUARTERS -FARMERS MARKET SCALE:1"=20' OUSTOM-E ING fk FH MAIN REDE5111AN ENTRANCES —11 SIGNAGE WOLF STORE ROAD -' - • SIGNAGE — . 0 a WOLF STORE Cao— FAMOUS FOOTWEAR NEW STABLES i _J � Y • 1____ iEuccwncur 1 _ • COOK HOUSE �� ��//may■ ol O MAGI E$ARF! CARETAKE 13 70 �-»J O O r �s IO BUNK HOUSE o w � •� PERF"PNE a.w.maa.,ai FH RIVER TRAIL VAIL HEADQUARTERS—MOVIE NIGHT SCALE:I"=20' USTOM G q 9 91 FH MAIN PEDESTRIAN ENTRANCES SIGNAGE WOLF STORE ROAD SIGNAGE 0 6 - fid WOLF SJORE AN.V�NC � � • s � a FAMOUS FOOTWEAR —J NEW STABLES I--- . COOK HDUSE 10 00 ol 13 MACH BARN CARETAKER . • c��u�o• .,w �O 0 O D _ . BUNK HOUSE �+ R HKiexu nce ww Mrn- n.•`-" r O r •.�, ��� PSE F\REV anh M,.e,rc. FH RIVER TRAIL VAIL HEADQUARTERS -MUSIC NIGHT SCALE:1"=20' USTOM G P° 4T° i g, FH MAIN PEDESTRIAN ENTRANCES - SIGNAGE WOLF STORE ROAD SIGNAGE �0 0 1701 0 b WOLF1TOR E ` s FAMOUS FOOTWEAR ,�c ;t•• j 11 auc NEW STABLES rv— • 11S X11 � �7i' � t 1 rN.�cun unx {�{ COOKHOUSE --�h.�._-- 0 00i Trol y_�r�` • y ` MACH E BARN - CARETAKER13 w �0 0 O A ! j BUNK HOUSE s iow.wr.c,..re FH ,. RIVER TRAIL VAIL HEADQUARTERS — BAZAAR NIGHT SCALE:1"=20' USTOMNG P° FH MAIN PEDESTRIAN ENTRANCES SIGNAGE WOLF STORE ROAD SIGNAGE 04w Im ► ► FFETI 0 0 + ► e WOLF STORE mom.' ► '^ce K ► e ,ne«o, FAMOUS FOOTWEAR �n NEW STABLES ► LAIa t COOK HOUSE e I 0 00 • �' M��r]Oe�Me eq e[-INnx/Fnl aEEH'Yv/EXrt 4 ► e TM r. I MACH E.BARN CARETAKER ..._7 ._..I� , •"• wnn.na ' —`� BUNK HOUSE —ER1IACK 7 a.c.M..o..�. ' •- • '- • FH RIVER TRAIL VAIL HEADQUARTERS —JAMBOREE WITH BEER GARDEN SCALE:F'=20' I jj F1! Fry MAIN PEDESTRIAN ENTRANCES SIGNAGE WOLF STORE ROAD SIGNAGE Alk- 1 A f WOLFSTORE • • ,,,Gf KOHL'S f�l� �a .euo F . ► �. 1 = F \ 1 f NEW STABLES I 4 1 ® r_, A \ I I ,b.[cwn cur . •1 ] ► L_J I eoaK Haus . I r- I L ' I MACH E BARN Lal CARETAKER I L_Jt-JL._J A O111.4 N _q BUNKHOUSE S wl�i wm j ���I ;� 4rvw.• m.lanw. 'Py A FH RIVER TRAIL VAIL HEADQUARTERS-SUNDAY FUNDAY SCALE:1"=20' PC RESOLUTION NO. 18- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0454, A CONDITIONAL USE PERMIT TO ALLOW THE VAIL RANCH HISTORIC SITE TO CONDUCT SPECIAL EVENTS YEAR ROUND TUESDAY THROUGH SUNDAY AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) THE PROJECT IS LOCATED AT 32115 TEMECULA PARKWAY (APN: 960-010-044) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 7, 2008 the Planning Commission approved Planning Application No. PA07-0239, a Development Plan for the restoration of the historic Vail Ranch Headquarters. B. On March 26, 2018, Jerry Tessier filled Planning Application No. PA18- 0454, a Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on September 5, 2018, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA18-0454 subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permits, Development Code Section 17.04.010.E) A. The proposed conditional use is consistent with the General Plan and the Development Code. The conditional use will consist of special events taking place at a previously approved historic site. The proposed conditional use is consistent with the City of Temecula General Plan, which specifies Highway Tourist (HT) for this site. The project is also consistent with the Vail Ranch Specific Plan. The project is located within a historic site. Historic sites typically host special events due to their focus on tourism. There is no conflict between the City of Temecula General Plan and Development Code. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The conditional use will consist of special events with live entertainment and consumption of alcohol (Saturday only). The special events are compatible with the nature, condition and development of adjacent uses, buildings and structures because the surrounding area includes similar restaurant and retail uses within a commercial center. It is common for commercial centers to offer entertainment upon the approval of a Temporary Use Permit or a Conditional Use Permit. The proposed conditional use will not adversely affect the adjacent uses, buildings or structures because the surrounding built environment is designed as part of a larger commercial center. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The existing site was renovated in conformance with the Building Code, Development Code, and Fire Code. Therefore, the site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project meets all the requirements of the Development Code, Fire Code and Building Code, which provide safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. E. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Director of Community Development, Planning Commission, or City Council on appeal. The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1, Existing Facilities) The Conditional Use Permit will allow various special events to be conducted on a weekly basis. These events will take place at the previously approved historic Vail Ranch Headquarters. All access to public utilities are available to the site. The proposed events, with issuance of a Conditional Use Permit, are in conformance with all zoning requirements contained in the Development Code. As a result, the events represent a negligible addition to the Vail Ranch Headquarters. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA18-0454, a Minor Conditional Use Permit to allow the Vail Ranch Historic site to conduct special events year round Tuesday through Sunday. The project is located at 32115 Temecula Parkway, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5t" day of September, 2018. Gary Youmans, Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 18- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5t" day of September, 2018, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA18-0454 Project Description: Vail Ranch Minor Conditional Use Permit: A Minor Conditional Use Permit to allow the Vail Ranch Historic site to conduct special events year round Tuesday through Sunday. The project is located at 32115 Temecula Parkway. Assessor's Parcel No.: 960-010-044 MSHCP Category: N/A(No New Square Footage or Grading) DIF Category: N/A(No New Square Footage) TUMF Category: N/A(No New Square Footage) Quimby Category: N/A(Non-Residential Project) New Street In-lieu of Fee: N/A(Not Located within the Uptown Temecula Specific Plan) Approval Date: September 5, 2018 Expiration Date: September 5, 2020 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the 2 year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to five extensions of time, one year at a time. 5. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 10 (Vail Ranch). 6. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 7. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 9. Waste Hauling and Recycling. The event organizer shall contact the City's franchised solid waste hauler, CR&R, at 951-943-1991 for disposal of event trash. Only the City's franchisee may haul solid waste within the City. The event organizer shall also provide recycling opportunities for the participants, employees, and volunteers. 10. Statement of Operations. The applicant shall comply with their Statement of Operations submitted May 30, 2018, on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. 11. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 12. City Review and Modification of CUP. The City, its Director of Community Development, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Director of Community Development, Planning Commission and City Council is in addition to, and not in-lieu of, the right of the City, its Director of Community Development, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 13. Postinq of Local Transportation Providers. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the beer and wine garden. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce at (951) 676-5090. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 14. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Outside Agencies 15. Compliance with Dept. of Environmental Health. The applicant shall comply with the recommendations set forth by the County of Riverside Department of Environmental Health. PUBLIC WORKS DEPARTMENT General Requirements 16. Conditions of Approval. The applicant shall comply with all Conditions of Approval and City codes/standards at no cost to any governmental agency. 17. Onsite Parking. The applicant shall ensure that there is an adequate number of on site parking spaces. If street parking is proposed, the applicant shall obtain approval from the Traffic Engineering Division prior to the event. 18. Siqns. Signs advertising the event shall be placed on private property. 19. No Usage of Public Right-of-Way. Vendors and all activity shall occur on private property; no vendors shall be allowed within the public right-of-way. 20. Required Barricades. Event areas within private parking lots shall be barricaded or fenced as approved by the Maintenance Division for pedestrian safety. 21. Replacement of Damaged Improvements. The applicant shall replace any damaged pavement, curb, gutter, or landscaping within public right-of-way or on private property caused as a result of the event. 22. Water Quality. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscaped debris and waste from entering storm drain systems or from leaving the property. Spills and leaks must be cleaned up immediately; hosing down parking areas, sidewalks, alley or gutters is not allowed. Ensure that all materials and products stored outside are protected from the rain. Ensure that all trash bins are covered at all times. 23. Portable Restrooms. Any and all portable restroom facilities shall have secondary containment. BUILDING AND SAFETY DIVISION General Requirements 24. ADA Access. Submit to the Building and Safety Division for review and approval three (3) sets of plans including: a. Details for accessible toilet facilities on site. b. Details of van accessible parking located as close as possible to the access aisle. c. Structural calculations for any proposed temporary structures. The structural plans and calculations shall be wet signed by the engineer of record. d. Two copies of electrical plans for any proposed temporary electrical equipment. The electrical plans shall be stamped and wet signed by a registered professional engineer or architect licensed by the State of California or by the licensed electrical contractor completing the work. 25. Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 26. Obtain Permits Prior to Event. Applicant must obtain all permits and inspections for required work noted above prior to event during regular City business hours. 27. Signage. All signs for this event to be approved by the City of Temecula Planning Department. 28. Off-site Signage. No off-site signs are allowed in the City of Temecula. 29. Signage Prohibited in Right of Way. No signs are to be placed in the public right-of-way. 30. Required Restroom. Toilet facilities for events where alcohol is not available MALE FEMALE Patrons Toilets Urinals Toilets Sinks 50-100 1 1 1 1 100-200 1 1 2 1 201-400 2 2 3 2 400-500 3 3 4 3 Toilet facilities for events where alcohol is available MALE FEMALE Patrons Toilets Urinals Toilets Sinks 50-100 1 1 2 1 100-200 2 2 3 2 201-400 3 3 5 3 400-500 4 4 6 3 Accessible Toilets ADA Required (Combined male &female) 1-6 1 6-12 2 Duration of Event Quantity Required More than 8 hours 100% 6-8 hours 80% 4-6 hours 75% Less than 4 hours 70% 31. Stages. B-4. Stages are required to be accessible by ramp or lift. Show on stage plans how this will be achieved. 32. Music/Sound Equipment. All musical/ sound system equipment is to be supported by listed rigging only. No Genie lifts. 33. Tents. Submit three copies of the plans and structural calculations for any proposed temporary structures over 399 square feet to the Building and Safety Department for review and approval. The structural plans and calculations shall be wet signed by the engineer of record. Show all exits on plans. 34. Temporary Electrical. Provide two copies of electrical plans for any proposed temporary electrical equipment for review and approval. The electrical plans shall be stamped and wet signed by a registered professional engineer or architect licensed by the State of California or by the licensed electrical contractor completing the work. Electrical generators require permits and inspections with two means of grounding. Please show all generator KVA size, phase (3 phase, or single phase), and voltage. All electrical cords are to be listed for the use, protected and secured. 35. Inspection Times. Obtain all permits and inspections for required work noted above prior to event during regular City business hours. 36. ADA Van Access. Provide details of van accessible parking located as close as possible to the access aisle. 37. Generator(s). Electrical generators require permits and inspections with two means of grounding.All electrical cords are to be listed for the use, protected and secured. FIRE PREVENTION General Requirements 38. Combustible Materials. Hay, straw, shavings or similar combustible materials shall not be located within any tent, canopy or membrane structure containing a assembly occupancy, except the materials necessary for the daily feeding and care of animals. (CFC Chapter 31) 39. Defensible Space. The areas within and adjacent to the tent or air-supported structure shall be maintained clear of all combustible materials or vegetation that could create a fire hazard within 20-feet of the structure. (CFC Chapter 31) 40. Vehicle Access. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)feet six (6) inches. (CFC Chapter 5 and City Ordinance 15.16.020) 41. Power Sources. Internal combustion power source, including motor vehicles, generators and similar equipment shall comply with the following. a. Flammable liquid fueled equipment shall not be used in tents, canopies or membrane structure. (CFC Section 3104.17.1) b. Flammable and combustible liquids shall be stored outside in an approved manner not less than 50-feet from tents, canopies or membrane structures. (CFC Section 3104.17.2) c. Refueling shall be performed in an approved location not less than 20-feet from tents, canopies or membrane structures. (CFC Section 3104.17.3) d. Generators and other internal combustion power sources shall be separated from tents, canopies or membrane structures by a minimum of 20-feet and shall be isolated from contact with the public by fencing, enclosure or other approved means. (CFC Section 3104.19) 42. Cookinq Equipment. Heating and cooking equipment shall not be located within 10 feet of exits or combustible material. (CFC Chapter 31) 43. Combustibles. Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any other unapproved devices shall not be permitted inside or located within 20-feet of the tent, canopy or membrane structures while open to the public unless approved by the fire code official. (CFC Chapter 31) 44. Signage. Post `NO SMOKING' signs in all tents and canopies (CFC Section 3104.6) 45. Flame Retardant Requirements. Tents and canopies shall comply with CFC Chapter 31; they shall be labeled or provide certification of flame-retardant as required by the State Fire Marshal. Membrane structures, tents or canopies shall have a permanently affixed label bearing the identification of size and fabric material type. (CFC Chapter 31) 46. Fire Extinquisher (Non-Food Vendors). Provide fire extinguishers in the vendor (non-food vendors) spaced every 75-feet. (CFC Chapter 31 and 906.1, Table 906.3(1)) 47. Tent Spacing. Tents where cooking is performed shall be separated from other tents, canopies or membrane structures by a minimum of 20-feet. (CFC Chapter 31) 48. Extension Cords. Extension cords shall be of a commercial type and be in good working condition. Extension cords shall not be subjected to physical damage. Extension cords shall be maintained in good condition without splices, deterioration or damage. (CFC Chapter 6) 49. Flammable Containers. LP (Liquid Petroleum) gas containers shall be located outside. Safety release valves shall be pointed away from the tent, canopy or membrane structure. (CFC Chapter 31) POLICE DEPARTMENT General Requirements 50. Lighting. The applicant shall provide sufficient lighting during the hours of darkness to ensure patrons have a clear, lighted path from the event area to their vehicles. 51. Fencing. A foot fence (chain link, snow or cyclone) is required with emergency exits and one central entry/exit point only. The event entry area must be enclosed by fencing and/or building structure with posted private security officers. 52. Private Security Personnel. The recommended number of private security personnel as set forth in the applicant's original letter of request is sufficient for this event. Private security officers shall be unarmed and the security company must be licensed, bonded and insured. This condition is not required if the establishment has trained security staff whose primary duty is to maintain peace and order within the establishment, this requirement is not required. 53. Live Entertainment. Events where entertainment is to be provided must abide by the following rules: (1) No licensee shall permit any person to perform acts or acts which stimulate; (a) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; (b) the touching, caressing or fondling on the breasts, buttocks, anus or genitals; (c) the displaying of the public hair, anus, vulva or genitals; and, (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus (Rule 143.3 CCR). Also violates Section 311.6 PC if conduct is "obscene." 54. Impeding Traffic. The applicant shall ensure both pedestrian and vehicle traffic is not impeded by this event within the shopping complex. 55. Road Closures. At no time will public road closures occur without permission from the Temecula City Council. 56. Monitoring of Traffic. The applicant shall monitor all traffic, both foot and vehicle, and notify the Temecula Police Department watch commander at 951-696-HELP immediately if conditions become hazardous. 57. Approval from Surrounding Businesses and Property Management. The applicant shall ensure this event is not a disruption to any surrounding businesses during their normal hours of operation. The applicant shall ensure approval from all surrounding businesses and property management is secured. 58. Protection of Children. All openings within the interior of the event area will be fenced or gated so as not to allow small children access to the back area of the event arena (where heavy equipment, power generators, trucks, and other potentially hazardous items are stored). 59. Right to Cancel Event. The Temecula Police Department reserves the right to stop, cancel or temporarily delay all or portions of any activities occurring at this event when police or public safety becomes a significant concern. 60. Responsibility for Costs Incurred. The applicant shall be responsible for any cost incurred by the Police Department if additional officers are required because of traffic problems/congestions, public disturbance or where the need for police presence is required. 61. Questions Regarding Conditions. Any questions regarding these conditions should be directed to Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. SPECIAL EVENT STATEMENT OF OPERATIONS Statement of Operations: Tuesday Farmers Market A weekly certified farmer's market will focus on the sale of produce grown locally and sold by certified growers. Because of the need for produce to stay on truck the certified growers section of the market will be located at the rear of the property along the fire lane. As such, the fire lane will be temporarily closed between the hours of 6 am and 3 pm each and every Tuesday. Fire access and fire lane will not be impeded, except for Knox-box enabled retractable gates which have been approved by the Fire Department. Other food and craft vendors will be located in the center of the Vail headquarters site along the Stagecoach pathway. The stage will be utilized for live music entertainment and live performances (such as comedy, magic, puppetry, etc..). In addition, during certain times of the year when school is out of session and children are in attendance, we may set up a petting zoo, face painting and arts and craft booths, and have hay wagon, stagecoach or train rides on the property for children's entertainment, and at times on-site historical displays and re-enactments (including but not limited to such demonstrations as gun fighting and roping), a functioning blacksmith shop, and similar historical demonstrations. A detailed description of the equipment proposed for the event Certified Famers will set up standard 10 ft. x 10 ft. pop up shade canopies and folding tables to display their produce. Any food vendor that cooks on site with open flame and/or has grease latent vapors will be required per Fire Department requirements to have a State-certified flame retardant canopy, shall be required to have open flame cooking outside of the canopy cover, and will be required to have a certified fire extinguisher at the booth. The existing Fire Department approved gate system with Knox entry will be closed for the duration of each event at the east and west entrances to the property. Temporary signage will be installed to state"Road Closed- Emergency Access Only". Hours and days of operation Weekly Every Tuesday Rain or Shine between 8 am and 1 pm. Generally vendors will arrive no earlier than 6 am to set up and strike will be complete by 3 pm. Number of employees: With any estimated maximum number of 50 vendor booths, there would be approximately 75 employees in attendance. Proposed private security (If required) None. There will be an on-site market manager and assistant to handle any issues. In addition, there is private security guard service employed by Redhawk Shipping Center that patrols the parking lots. Estimated number of people in attendance: 400—600 throughout the event. Total number of parking spaces eliminated for the event: None. Indicate if food will be provided Yes. In addition to the sale of certified produce and other food products, food vendors may perform on site cooking and shall be subject to all Fire and Health Department licensing and requirements). Indicate if alcohol will be provided: No. Indicate if live entertainment or loud music will be provided Yes. Amplified live entertainment may be provided on the main stage starting at 9 am. Indicate all types of structures to be provided (lights, tents, signs, fences, etc.) 10 ft x 10 ft pop up shade canopies (required to be flame retardant if open flame cooking is performed) Temporary A-frame signs at the front of the property stating "Farmers Market Today". Indicate how many portable restrooms will be provided, if any None. There are sufficient on site restrooms available on the property. The designated public restrooms are located in the rear of the Bunkhouse building. Indicate if ADA(handicap) paths are existing on-site Yes. ADA path of travel exists throughout the site. Statement of Operations: Wednesday Movie Night On Wednesday nights, weather and season permitting, we will host a movie night which feature movie and music entertainment on the main stage. There will be a few vendor booths available for a community group, for pre- packaged food service like popcorn or snacks, or for a local artist or artisan, however the primary focus will be on the selected entertainment. Wednesday will feature a movie that is projected on an inflatable screen which sits on the main stage and is secured to the main stage structure. On occasion on Wednesday there could be a small "variety show style" opening act, like a comedian, magician, or similar performer, or an opening musical act that is thematic to the movie presentation. A detailed description of the equipment proposed for the event Craft booths if applicable will set up standard 10 ft. x 10 ft. pop up shade canopies and folding tables. The inflatable screen is similar to those used in public parks for outdoor movie presentations. The screen will sit on top of the wood stage and guy ropes will secure the screen to the base of the stage structure. Hours and days of operation Weekly Every Wednesday evening from 5 pm to 10 pm (starting and ending times depend on the season). Number of employees: With any estimated maximum number of 5 vendor booths, there would be no more than 10 employees in attendance. Proposed private security(If required) None. There will be an on-site event manager to handle any issues. Estimated number of people in attendance: 50— 150 Total number of parking spaces eliminated for the event: None. Indicate if food will be provided Pre-packaged only. Indicate if alcohol will be provided: No. Indicate if live entertainment or loud music will be provided Yes. Amplified live entertainment and amplified movie soundtrack will be presented on the main stage starting at 5 pm and ending at 10 pm. Indicate all types of structures to be provided (lights, tents, signs,fences, etc.) 10 ft x 10 ft pop up shade canopies. Inflatable movie screen. Indicate how many portable restrooms will be provided, if any None. There are sufficient on site restrooms available on the property. The designated public restrooms are located in the rear of the Bunkhouse building. Indicate if ADA(handicap) paths are existing on-site Yes. ADA path of travel exists throughout the site. Statement of Operations: Thursday Music Night On Thursday nights, weather and season permitting, we will host a music night which feature entertainment on the main stage. There will be a few vendor booths available for a community group, for pre- packaged food service like popcorn or snacks, or for a local artist or artisan, however the primary focus will be on the selected entertainment. Thursday will feature local live entertainment from a variety of family friendly genres like classic rock, blues,jazz, country western, folk, etc... On occasion there could also be a small "variety show style" opening act, like a comedian, magician, or similar performer. A detailed description of the equipment proposed for the event Craft booths if applicable will set up standard 10 ft. x 10 ft. pop up shade canopies and folding tables. Music equipment(PA system and lights)will be located on the permanent outdoor stage. Hours and days of operation Weekly Every Thursday evening from 5 pm to 10 pm (starting and ending times depend on the season). Number of employees: With any estimated maximum number of 5 vendor booths, there would be no more than 10 employees in attendance. Proposed private security(If required) None. There will be an on-site event manager to handle any issues. Estimated number of people in attendance: 50— 150 Total number of parking spaces eliminated for the event: None. Indicate if food will be provided Pre-packaged only. Indicate if alcohol will be provided: No. Indicate if live entertainment or loud music will be provided Yes. Amplified live entertainment will be presented on the main stage starting at 5 pm and ending at 10 pm. Indicate all types of structures to be provided (lights,tents, signs,fences, etc.) 10 ft x 10 ft pop up shade canopies. Inflatable movie screen. Indicate how many portable restrooms will be provided, if any None. There are sufficient on site restrooms available on the property. The designated public restrooms are located in the rear of the Bunkhouse building. Indicate if ADA(handicap) paths are existing on-site Yes. ADA path of travel exists throughout the site. Statement of Operations: Friday, Bazaar Night The weekly bazaar night will be a family-friendly"date night"focusing on arts and crafts, artisanal food, and entertainment. Food and craft vendors will be located in the center of the Vail headquarters site along the Stagecoach pathway. The stage will be utilized for live music entertainment. A horse-drawn carriage, hay wagon, or stagecoach will give rides to family and couples. Depending upon the season and the attendance, in order to facilitate and longer path of travel for the horse-drawn carriage, hay wagon/stagecoach ride, the fire lane gates may be temporarily closed between the hours of 5 pm and 10 pm. A detailed description of the equipment proposed for the event Craft and food vendors will set up standard 10 ft x 10 ft pop up shade canopies and folding tables and fixtures to display their products. Any food vendor that cooks on site with open flame and/or has grease latent vapors will be required per Fire Department requirements to have a State-certified flame retardant canopy, shall be required to have open flame cooking outside of the canopy cover, and will be required to have a certified fire extinguisher at the booth. If the event requires it, the Fire Department approved gate system with Knox entry will be closed for the duration of the event at the east and west entrances to the property. Hours and days of operation Weekly Every Friday between 5 pm and 10 pm. Number of employees With any estimated maximum number of 50 vendor booths, there would be approximately 75 employees in attendance. Proposed private security(If required) None. There will be an on-site market manager and assistant to handle any issues. In addition, there is private security guard service employed by Redhawk Shipping Center that patrols the parking lots. Estimated number of people in attendance: 400—600 throughout the event. Total number of parking spaces eliminated for the event: None. Indicate if food will be provided Yes. Food vendors may perform on site cooking and shall be subject to all Fire and Health Department licensing and requirements). Indicate if alcohol will be provided: No. Indicate if live entertainment or loud music will be provided Yes. Amplified live entertainment may be provided on the main stage commencing at 5 pm and ending by 10 pm. Indicate all types of structures to be provided (lights, tents, signs, fences, etc.) 10 ft x 10 ft pop up shade canopies (required to be flame retardant if open flame cooking is performed) Temporary A-frame signs at the front of the property. Portable wood picket fencing minimum 36 inches tall would be used for the beer/wine garden. Indicate how many portable restrooms will be provided, if any None. There are sufficient on site restrooms available on the property. The designated public restrooms are located in the rear of the Bunkhouse building. Indicate if ADA(handicap) paths are existing on-site Yes. ADA path of travel exists throughout the site. Statement of Operations: Saturday Jamboree Day The weekly jamboree is the family friendly day when community gathers for celebrations and good causes. This is the day when Vail will host the most fundraising events and community events. Examples include Harvest Day, Earth Day, Arbor Day, Summer and Winter Solstice, Easter Egg Hunt, Christmas Tree Lighting and Santa Claus Events, Pumpkin Patch and Trick or Treat events, 4th of July, and more. While the variety of events translate into an equal variety of site plan configurations, these events commonly would include entertainment on the main stage, food or artisan booths along the Stagecoach path, games and rides such as the train, hay wagon, stagecoach, and arts and crafts activities. Depending upon the season and the attendance, in order to facilitate and longer path of travel for the horse-drawn carriage, hay wagon/stagecoach ride, the fire lane gates may be temporarily closed during event hours. A detailed description of the equipment proposed for the event Craft and food vendors will set up standard 10 ft x 10 ft pop up shade canopies and folding tables and fixtures to display their products. Any food vendor that cooks on site with open flame and/or has grease latent vapors will be required per Fire Department requirements to have a State-certified flame retardant canopy, shall be required to have open flame cooking outside of the canopy cover, and will be required to have a certified fire extinguisher at the booth. If the event requires it, the Fire Department approved gate system with Knox entry will be closed for the duration of the event at the east and west entrances to the property. Hours and days of operation: Weekly Every Saturday between 10 am and 10 pm Number of employees: With any estimated maximum number of 50 vendor booths, there would be approximately 75 employees in attendance. Proposed private security(If required) During events with no alcohol service, there is none. There will be an on-site market manager and assistant to handle any issues. In addition, there is private security guard service employed by Redhawk Shipping Center that patrols the parking lots. During events with alcohol service, there will be a minimum number of 2 security guards posted in the beer/wine garden. Estimated number of people in attendance: 400—600 throughout the event. Total number of parking spaces eliminated for the event: None. Indicate if food will be provided: Yes. Food vendors may perform on site cooking and shall be subject to all Fire and Health Department licensing and requirements). Indicate if alcohol will be provided: Yes (although not every week). A separate beer and wine garden enclosed area will be created on site in accordance with ABC requirements. Operational restrictions shall include but are not limited to the following: the garden will be restricted to 21 plus with ID check at the entry. Each over 21-patron will receive an identifying stamp or wrist band. There will be a minimum 36 inch fence around the entire beer garden with entry-exist control points with staff at each point. There will be a minimum of 2 security guards deployed at the garden. Indicate if live entertainment or loud music will be provided Yes. Amplified live entertainment may be provided on the main stage commencing at 10 am and ending by 10 pm. Indicate all types of structures to be provided (lights, tents, signs,fences, etc.) 10 ft x 10 ft pop up shade canopies (required to be flame retardant if open flame cooking is performed) Temporary A-frame signs at the front of the property. Indicate how many portable restrooms will be provided, if any None. There are sufficient on site restrooms available on the property. The designated public restrooms are located in the rear of the Bunkhouse building. Indicate if ADA(handicap) paths are existing on-site Yes. ADA path of travel exists throughout the site. Statement of Operations: Sunday FunDay The weekly family fun day will focus on arts and crafts, children's games and entertainment, and historical-related activities. Food and craft vendors will be located in the center of the Vail headquarters site along the Stagecoach pathway. The stage will be utilized for live music entertainment and other live performances (such as comedy, magic, puppetry, etc..). A children's activity area will include a petting zoo, face painting and arts and craft booths, and a hay wagon, stagecoach or train rides on the property for children's entertainment. There will be on site historical displays and re-enactments (including but not limited to such demonstrations as gun fighting and roping), a functioning blacksmith shop, and similar historical demonstrations. Depending upon the season and the attendance, in order to facilitate and longer path of travel for the hay wagon/stagecoach ride, the fire lane gates may be temporarily closed between the hours of 10 am and 8 pm or for a shorter duration during the event during peak hours of demand for children's rides. A detailed description of the equipment proposed for the event Craft and food vendors will set up standard 10 ft x 10 ft pop up shade canopies and folding tables and fixtures to display their products. Historic displays and blacksmith area are permanent facilities. Any food vendor that cooks on site with open flame and/or has grease latent vapors will be required per Fire Department requirements to have a State-certified flame retardant canopy, shall be required to have open flame cooking outside of the canopy cover, and will be required to have a certified fire extinguisher at the booth. If the event requires it, the Fire Department approved gate system with Knox entry will be closed for the duration of the event at the east and west entrances to the property. Temporary signage will be installed to state"Road Closed" and/or"Emergency Access Only". Hours and days of operation Weekly Every Sunday Rain or Shine between 11 am and 8 pm. Generally vendors will arrive no earlier than 8 am to set up and strike will be complete by 10 pm. Number of employees With any estimated maximum number of 50 vendor booths, there would be approximately 75 employees in attendance. Proposed private security (If required) None. There will be an on-site market manager and assistant to handle any issues. In addition, there is private security guard service employed by Redhawk Shipping Center that patrols the parking lots. Estimated number of people in attendance: 400—600 throughout the event. Total number of parking spaces eliminated for the event: None. Indicate if food will be provided Yes. Food vendors may perform on site cooking and shall be subject to all Fire and Health Department licensing and requirements). Indicate if alcohol will be provided: No. Indicate if live entertainment or loud music will be provided Yes. Amplified live entertainment may be provided on the main stage commencing at 11 am and ending by 8 pm. Indicate all types of structures to be provided (lights, tents, signs,fences, etc.) 10 ft x 10 ft pop up shade canopies (required to be flame retardant if open flame cooking is performed) Temporary A-frame signs at the front of the property stating "Farmers Market Today". Indicate how many portable restrooms will be provided, if any None. There are sufficient on site restrooms available on the property. The designated public restrooms are located in the rear of the Bunkhouse building. Indicate if ADA (handicap) paths are existing on-site Yes. ADA path of travel exists throughout the site. NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula 'r PLANNING COMMISSION to consider the matter described below: 1989 CASE NO: PA18-0454 APPLICANT: Jerry Tessier PROPOSAL: A Conditional Use Permit to allow the Vail Ranch Historic site to conduct special events year round Tuesday through Sunday. The project is located at 32115 Temecula Parkway. ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1, Existing Facilities) CASE PLANNER: Eric Jones, (951) 506-5115 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: September 5, 2018 TIME OF HEARING: 6:00 p.m. -- � ` Project Site s" ®` �` C f Feet The complete agenda packet(including any supplemental materials)will be available for viewing in the Main Reception area at the Temecula Civic Center(41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website—TemeculaCA.goy and will be available for public review at the respective meeting. Any writing distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m.—5:00 p.m. In addition, such material will be made available on the City's website—TemeculaCA.gov—and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400. ITEM 6 STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: September 5, 2018 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Jaime Cardenas, Case Planner PROJECT Planning Application No. PA18-0209, a Modification to a Development SUMMARY: Plan to an existing Sears building's exterior elevations including new paint schemes, a tile wainscot, new architectural elements, materials and redesigned entry for a proposed Round1 indoor entertainment facility and restaurant on the lower level of the existing building at 40710 Winchester Road. RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15301, Class 1, Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Maria Estrada-Nino General Plan Community Commercial (CC) Designation: Zoning Designation: Temecula Regional Center Specific Plan (SP-7); Retail Commercial Core, Planning Area 2 Existing Conditions/ Land Use: Site: Commercial Shopping Mall, Parking Lot/ Community Commercial (CC) North: Existing Commercial Buildings / Community Commercial (CC) South: Existing Shopping Mall/ Community Commercial (CC) East: Existing Commercial Buildings / Community Commercial (CC) West: Existing Shopping Mall / Community Commercial (CC) Lot Area: Parcels within Mall Ring Road: 78.06 acres Total Floor Area/Ratio: Existing — .40 Proposed — .40 Permitted - .25— 1.0 1 Parking Required/Provided Existing — 5,520 spaces (standard stalls) (for area within Mall Ring Rd): Required — 5,292 spaces Lot Coverage: Buildings Only: Existing- 23% Proposed- N/A (No Additional Square Footage) Maximum Permitted- 32% Buildings and Parking Structures: Existing- 27% Proposed- N/A (No Additional Square Footage) Maximum Permitted- 50% BACKGROUND SUMMARY On October 11, 1994, the City Council approved the Temecula Regional Center Specific Plan (SP No. 263) and Environmental Impact Report No. 340 with associated Mitigation Measures. On July 7, 1997, the Planning Commission approved Planning Application No. PA97-0118 for the design and construction of a 1,079,846 square foot mall (including the approximately 111,148 square foot Sears store). On February 2, 2018, Seritage SRC Finance, LLC submitted Planning Application PA18-0209, a Modification Application to alter the exterior of the existing Sears store to accommodate a Round1 entertainment facility and future restaurant on the lower level. The exterior architectural changes include new paint schemes, a porcelain tile wainscot (building base), a new tower element and redesigned tenant entrances on the lower level of the existing Sears building at 40710 Winchester Road. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Site Plan The Sears/Round1 project is located within the existing the Promenade Temecula shopping mall complex within Ring Road, southwest of Winchester Road and Margarita Road. The proposed modification to the 9.61 acre site would allow for exterior elevation improvements to the existing 111,148 square foot building. The proposed exterior elevation improvements include new paint schemes and architectural elements including a porcelain tile wainscot at the base of the building, new vertical "fins" throughout the fagade of the building a redesign to the existing easterly entrance for the future Round1 entertainment facility on the lower level, a new entrance and vertical tower element on the northerly elevation for a future restaurant, and new paint at the Sears entrance on the westerly fagade to match new paint scheme. In addition to the fagade changes, the applicant is making several other changes including updated ramps, railings, sidewalk improvements per the Americans with Disabilities Act (ADA) regulation as well as new bicycle racks and a trash and electrical enclosure camouflaged by incorporating similar colors and materials with the building and screened with new landscaping. 2 Architecture The building's current architecture can be described as postmodern with an art deco influence that includes architectural elements such as flat exterior walls with long horizontal lines broken by protruding towers, other projections and curved wall surfaces. The east elevation will become the primary entrance for the future Round1 tenant. The redesigned entrance will include a new cornice at the top and new white ACM panels, a new red soffit and signage. Other exterior changes include a new black ceramic tile wainscot across the base of the building. In order to relieve the long, unbroken walls across the east elevation, protruding thin vertical "fins" will be installed throughout the fagade between the new paint scheme of soft gray, green and blue hues of paint color. New architectural elements incorporated on the east elevation will continue to the north including the wainscot, paint schemes and vertical fins to maintain cohesiveness. Additionally, a new tower element similar to the existing tower at the upper floor Sears west entry of the building is proposed. The north elevation will become the primary entrance of the future restaurant (shown as "Sonoma Style" on plans). Although there is no secured lease for a tenant, this elevation is distinguished by a redesigned entrance that incorporates new rustic metallic panels fagade entry, a corrugated metal fascia, and new signage above a painted black metal soffit. The upper level of the west side of the building is the primary entrance for the Sears store. The only proposed changes to this elevation includes repainting this elevation with the same gray and white tones seen on the east and north elevations. Landscaping The proposed landscaping improvements to the north and east sides of the building are consistent with the water efficient landscape design standards of Section 17.32 of the Temecula Municipal Code and the Temecula Regional Center landscape design guidelines. A total of 4,760 square feet of landscaping will be improved along tenant entryways, sidewalks, utility enclosures and other planters with new palm trees, trees, and other ground cover. Prominent plant species include: Trees/Palms Common Name Size Count Crape Myrtle 36" Box 6 California Pepper Tree 36" Box 1 Frontier Elm 36" Box 6 Fan Palm 15' Tall 12 Flowering Plants Common Name Size Count Chapel Hill Yellow Lantana 5 Gallon 128 Mango Popsicle Dwarf Poker 1 Gallon 15 Jewel of the Desert Peridot 1 Gallon 283 Gopher Plant 5 Gallon 82 3 Shrub Common Name Size Count Stoke Dwarf Yaupon Holly 5 Gallon 46 Powis Castle Artemisia 5 Gallon 51 Blue Agave 5 Gallon 93 Australian Raver 5 Gallon 37 Access/Circulation There are no proposed site changes that will impact vehicular circulation or access to the Sears building. Primary vehicular access to the proposed area of renovation will continue from Promenade East or the Ring Road. In addition to the exterior building fagade changes, the applicant intends to improve access for the future Round1 entertainment facility. On the east side there will be two ADA access ramps with new detectable warning surfaces (truncated domes) per City standard. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on August 23, 2018 and mailed to the property owners within the required 900-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1, Existing Facilities). The proposed Modification to the Development Plan involves minor interior and exterior alterations of an existing building involving negligible expansion of use. FINDINGS Modifications, Development Code Section 17.05.030.E 1. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the City. As conditioned, the proposed Modification to the Development Plan is consistent with the General Plan policies for the Community Commercial (CC) land use designation and is consistent with the requirements of the Temecula Regional Center Specific Plan (SP-7), Planning Area 2. Specifically, Policy 2.9 of the Community Design element of the General Plan states, "Establish rehabilitation programs for older commercial centers to prevent blight and maintain the quality of the built environment." The proposed project will significantly rehabilitate a portion of an existing commercial center with private funds. The site is properly planned and zoned and is physically suitable for the use proposed. The project is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, and Fire and Building codes. 4 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. As conditioned, the project will meet all requirements of the Development Code, General Plan, and Building and Fire Codes, which provide safeguards for the health, safety and general welfare of the community. The overall design of the site, building, landscaping, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working in and around the site. The project has been reviewed for and has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the protection of the public health, safety, and welfare. For example, the project will include updated ramps, railings, parking stalls and sidewalk improvements to comply with ADA regulations which will provide safeguards for the health, safety and general welfare of the community. Additionally, the trash enclosures will now be covered which will ensure that water quality issues are addressed. ATTACHMENTS 1. Vicinity Map 2. Plan Reductions 3. PC Resolution 4. Exhibit A - Draft Conditions of Approval 5. Notice of Public Hearing 5 VICINITY MAP CityTemeculaof IPA � d j sdsamr- T Ro_ �Ft�klEiu t J AL1 NORTH GENERAL��� r I r 0 250 500 Feet r This map was made by the City of Temecula Geographic Information Syslem y Try The map is dedved from base data produced by the Riverside County Assessors Department and the Transportation and Land Management Agency of Riverside 1 County The City of Temecula assumes no warranty or legal responsibility for @re -- NORTH information contained on this map.Data and information represented on this map are subject to update and modification.The Geograpt is Information System and other sources should be queried for the most current information. This map is nal for reprintm resale. Systems PLAN REDUCTIONS } „ ...� SERITAGE „o GROWTH PROPERTIES 0 0 �,o SERlTAGE REDEVELOPMENT =� PRO JF.INCHATORJ 10710`NIIJr.!-ISTPROMENADE AT TEMECULA �•..-.6-� ER ROAD " . „ TEMecun,cne;591 BUILDING A - EXTERIOR DESIGN AND SITE IMPROVEMENTS m """"'""" PLANNING SUBMITTAL, JULY 27, 2018 ° PLANNING APPLICATION #: PA18-0209 APN#: 910-420-029 COVER SHEET Q 1 ARCHITECTURAL SITE PLAN — cul Dlhc owiraFw 2 PLANT ELEVATIONSAND PLANTING SCHEDULE ~ SERITAGE CROvVTH PROPER IES coNTAn:rvIAR1A ESIRADA 3 CONCEPTUAL LANDSCAPE PLAN AND PLANTING SCHEDULE m 1o160 wILUHIRE soic TEL ,424)90 17659 4 PRELIMINARY GRADING PLAN-NORTH cos ANG tI.Es,CA 1)002a EMAIL mESrRADAeasERl IAGE ecm 5 PRELIMINARY GRADING PLAN-EAST uqz 6 EQUIPMENT ENCLOSURE PLANS AND ELEVATIONS Q aR Hlttc_r 7 BUILDING A-PERSPECTIVE VIEW FROM SOUTHEAST FIEu CALIFORNIAPACU ARCHI'S" -EC CD (415) tal66 BECKMA 8 BUILDING A-PERSPECTIVE VIEW FROM NORTHEAST F- so cIVIA s rReE1 TEL (PIs)786-6606 P- 9 BUILDING A-PERSPECTIVE VIEW FROM NORTHWEST Z SEVEN F H FUSCO FAX (415)7S8-501,RELD 10 BUILDING A-FLOOR PLAN&ENLARGED PLANS-LEVEL I w sAN EaANascO CA 94111 'MAIL I'KeT-FIe�DPAOLI com 11 BUILDING A-FLOOR PLAN-LEVEL 2 Q 12 PROPOSED EAST ELEVATION IDS EOL:11, EErz 13 PROPOSED NORTH ELEVATION Lu IDS PETERS ( EEL racy PETER GAMBwO 14 PROPOSED WEST ELEVATION w PETERS ca�itoN KOAD TEL((949Y49)357 esoo 15 EAST ENTRY SECTION AND VERTICAL FIN DETAIL d cull E C FAX L Pl 3si-oeoo 16 WALL SECTIONS I`d SONOMA STYLE ENTRY IRVINE CA 9zeoe EMA[L PETER c,AMfilNo�uIDSOI COM 17 SITE AERIAL AND EXISTING SITE PHOTOS 00 18 EXISTING BUILDING PERSPECTIVE VIEWS O CARGU LANDSCAPE DU ARCHIL EcCCI&ASSOCIAT ES CONTACT JAMIE BECKMAN 19 EXISTING BUILDING PERSPECTIVE VIEWS rte. � 555 BEACH STREET TEL 1415;b14 0990 4TH GLOOR FAX ,415)674-099') SAN FKAIVCISCO,CA 94133 EMAIL JAMIE,t'CARDuCCIA.SSOCIATES COM APN#950-420-029 PA18-0209 .. y PROJECT INFORMATION - s E.•-x � � _ �' T�: '�?>w � �t� uRRE55 ACHE�ERR�aoTFmEIva�R�P, a-CExTE"BR.0 �. - I ttCOMNFRCN. 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PA18-0209, A MODIFICATION TO THE EXISTING SEARS BUILDING'S EXTERIOR ELEVATIONS INCLUDING NEW PAINT SCHEMES, A TILE WAINSCOT, NEW ARCHITECTURAL ELEMENTS, MATERIALS AND REDESIGNED ENTRY FOR A PROPOSED ROUND1 INDOOR ENTERTAINMENT FACILITY AND RESTAURANT ON THE LOWER LEVEL OF THE EXISTING BUILDING AT 40710 WINCHESTER ROAD (APN 910-420-029) AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On October 11, 1994 the City Council approved the Temecula Regional Center Specific Plan (SP No. 263) and Environmental Impact Report No. 340 with associated Mitigation Measures. B. On July 7, 1997 the Planning Commission approved Planning Application No. PA17-0118 for the design and construction of a 1 ,079,846 square foot mall (including the 111 ,000 Sears store). C. On February 2, 2018, Maria Estrada-Nino filed Planning Application No. PA18-0209, a Modification to a Development Plan, in a manner in accord with the City of Temecula General Plan and Development Code. D. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. E. The Planning Commission, at a regular meeting, considered the Application and environmental review on September 5, 2018, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. F. At the conclusion of the Planning Commission's Hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA18-0209 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA18-0209 conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Planning Commission, in approving Planning Application No. PA18-0209 hereby makes the following findings as required by Section 17.05.030.E (Modifications) of the Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; As conditioned, the proposed Modification to the Development Plan is consistent with the General Plan policies for the Community Commercial (CC) land use designation and is consistent with the requirements of the Temecula Regional Center Specific Plan (SP- 7), Planning Area 2. Specifically, Policy 2.9 of the Community Design element of the General Plan states, "Establish rehabilitation programs for older commercial centers to prevent blight and maintain the quality of the built environment." The proposed project will significantly rehabilitate a portion of an existing commercial center with private funds. The site is properly planned and zoned and is physically suitable for the use proposed. The project is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. As conditioned, the project will meet all requirements of the Development Code, General Plan, and Building and Fire Codes, which provide safeguards for the health, safety and general welfare of the community. The overall design of the site, building, landscaping, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working in and around the site. The project has been reviewed for and has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the protection of the public health, safety, and welfare. For example, the project will include updated ramps, railings, parking stalls and sidewalk improvements to comply with ADA regulations which will provide safeguards for the health, safety and general welfare of the community. Additionally, the trash enclosures will now be covered which will ensure that water quality issues are addressed. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Major Modification application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1, Existing Facilities); The proposed Modification to the Development Plan involves minor interior and exterior alterations of an existing building involving negligible expansion of use. Section 4. Conditions. The Planning Commission of the City of Temecula hereby approves Planning Application No. PA18-0209, a Modification to allow for a the existing Sears building's exterior elevations including new paint schemes, a tile wainscot, new architectural elements, materials and redesigned entry for a proposed Roundl indoor entertainment facility and restaurant on the lower level of the existing building at 40710 Winchester Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. 2 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5t" day of September, 2018. Gary Youmans, Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 18- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5t" day of September, 2018, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA18-0209 Project Description: Sears/Round1 Facade MOD: a Modification to the existing Sears building's exterior elevations including new paint schemes, stone across the base of the building, new architectural elements, materials and redesigned entry for a proposed Round1 indoor entertainment facility and restaurant on the lower level at 40710 Winchester Road. Assessor's Parcel No.: 910-420-029 MSHCP Category: N/A (No New Grading/Square Footage) DIF Category: N/A (No New Square Footage) TUMF Category: N/A (No New Square Footage) Quimby Category: N/A (Not a Residential Project) New Street In-lieu of Fee: N/A (Not Located Within the Uptown Temecula Specific Plan) PLANNING DIVISION General Requirements 1. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 2. Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Modification. 3. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to three extensions of time, one year at a time. 4. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 5. Signage Permits. A separate building permit shall be required for all signage. 6. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 7. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 8. Materials and Colors. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by City staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. SW 6227 Meditative SW 6213 Halcyon Green OC-67 Ice Mist 2137-60 Gray owl AC-26 Ozark Shadows AC-27 Galveston Gray Base of Building/Wainscot Sienna Sandstone Anthracite Soffit at Entrance SW 6871 Positive Red New Storefront Metal Panel with Rust/Patina Finish Corrugated Metal at fascia 9. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 10. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 11. Phased Construction. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Director of Community Development. 12. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 13. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. 14. Paint Maintenance. The applicant shall utilize a paint that is designed to permanently adhere to the all surfaces including the exterior doors. The painted surfaces shall be maintained in a continuous manner and shall be free of cracking, peeling, and any other signs of disrepair to the satisfaction of the Community Development Department. PUBLIC WORKS DEPARTMENT General Requirements 15. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 16. Entitlement Approval. The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 17. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. Prior to Issuance of a Grading Permit 18. Environmental Constraint Sheet (ECS). The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 19. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction-phase pollution-prevention controls to adequately address non-permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 20. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 21. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water issues/program s/stormwater/construction.shtmI 22. Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project-specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: www.TemeculaCA.gov/WQMP 23. Drainage. All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. The creation of new cross lot drainage is not permitted. BUILDING AND SAFETY DIVISION General Requirements 24. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building plans are reviewed and submitted to Building and Safety. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 25. Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code,2016 California Energy Codes, 2016 California Green building Standards, California Title 24 Disabled Access Regulations, Temecula Municipal Code. 26. ADA Access. Provide details of all applicable disabled access provisions and building setbacks on the plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entry. c. Path of accessibility from parking to furthest point of improvement. 27. Obtain Approvals and Permits. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 28. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin or below. 29. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 30. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. Prior to Issuance of Grading Permit(s) 31. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 32. Plans Require Stamp of Registered Professional. Provide appropriate stamp of a registered professional with original signature on the plans. NOTICE OF PUBLIC HEARING Notice of Public Hearing s: A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: 1989 CASE NO: PA18-0209 APPLICANT: Maria Estrada-Nino PROPOSAL: A Modification to the exterior colors and materials of the existing Sears building at the Promenade Mall located at 40710 Winchester Road. ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1, Existing Facilities) CASE PLANNER: Jaime Cardenas, (951) 240-4215 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: September 5, 2018 TIME OF HEARING: 6:00 p.m. Project Site yon - so v NORTH GENERAL- 0 375 750 Feet Notice of Public Hearing The complete agenda packet(including any supplemental materials)will be available for viewing in the Main Reception area at the Temecula Civic Center(41000 Main Street, Temecula)after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website—TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to the Planning Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m.—5:00 p.m. In addition, such material will be made available on the City's website—TemeculaCA.gov—and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of,which attacks or seeks to set aside, or void any decision of the Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400. ITEM 7 STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: September 5, 2018 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Dale West, Associate Planner II APPLICANT NAME: City of Temecula PROJECT Long Range Planning Project No. LR14-0010, a proposed SUMMARY: amendment to the City of Temecula Development Code, establishing an Affordable Housing Overlay Zone Ordinance that would allow for the development of affordable housing projects on 44 parcels throughout the City. CEQA: Pursuant to State CEQA Guidelines Section 15162, an Addendum to the EIR has been prepared, which concludes that the proposed changes, additions, or modifications do not result in any new or greater environmental impacts than were previously analyzed, disclosed, and/or mitigated in the Uptown Temecula Specific Plan Environmental Impact Report (EIR) that was certified in November 2015 (SCH #2013061012) and the Negative Declaration prepared for the City's 2014 — 2021 Housing Element. None of the conditions in State CEQA Guidelines Section 15162 are present and no additional environmental review is required. RECOMMENDATION: That the Planning Commission of the City of Temecula adopt a resolution recommending that the City Council of the City of Temecula adopt an Affordable Housing Overlay Zone Ordinance. BACKGROUND SUMMARY In order to address the growing shortage of housing and affordable housing across California, the State adopted a series of housing bills in 2017, referred to as the 2017 Legislative Housing Package. These bills strengthen housing-planning law to ensure appropriate land is available for new development and impose new requirements on local governments to meet their legally mandated housing targets. The 2017 Housing Package requires cities to take a closer look at their Housing Elements and ensure that the cities have implemented the programs set forth in their Housing Element. The Housing Package authorizes increased enforcement of state housing-planning law, and enables the State Housing and Community Development Department to refer any violations to the Attorney General for a possible enforcement action. Because of the complexity and importance of the 2017 Legislative Housing Package, a joint training session was provided to the City Council and the Planning Commission on March 29, 2018 to inform both the City Council and Planning Commission of the changes and implications 1 of the new housing legislation. The City Attorney's office gave a comprehensive presentation regarding the new laws and City obligations to implement them. On January 28, 2014, the City Council adopted the City's 2014-2021 Housing Element. The Housing Element evaluates housing needs in Temecula based on its demographic and housing characteristics, assesses the effectiveness and appropriateness of existing housing programs being implemented by the City, and crafts a housing strategy that would effectively address housing issues related to housing adequacy, affordability, and availability within the City. The Temecula 2014-2021 Housing Element contains 22 programs to address housing adequacy, affordability, and availability. Program 1 of the City's Housing Element requires the City to amend its Municipal Code by establishing an Affordable Housing Overlay Zone to encourage the development of affordable housing in the City and to meet the City's unaccommodated Regional Housing Need Assessment (RHNA). The RHNA is a state mandated process that identifies the total number of housing units, by affordability level, that each city must accommodate in its Housing Element. It is important to note that having property designated as part of the Affordable Housing Overlay Zone does not restrict development opportunities that are already allowed by the underlying zoning regulations. Property owners will retain the right to proceed with developing property in accordance with the underlying zoning regulations. The Affordable Housing Overlay Zone merely gives property owners a new option, if desired, to use a ministerial process to develop residential and mixed-use projects that comply with the requirements of the Affordable Housing Overlay Zone. ANALYSIS The Affordable Housing Overlay Zone Ordinance implements Program 1 of the City's Housing Element by establishing an overlay zone on 44 parcels within the City. Twenty-six of these parcels were identified as part of the Vacant Land Inventory and Residential Capacity Analysis of the 2014-2021 Housing Element, which identified all vacant land within the City where housing could potentially be located in order to accommodate the State mandated housing needs. The other eighteen parcels are located in the Uptown Specific Plan area. The Vacant Land Inventory Analysis within the Housing Element identified 52 parcels needed to accommodate the City's Regional Housing Needs Assessment of 2,007 units for lower-income households. Half of these parcels (26 parcels), however, have since been developed, thus requiring the City to identify additional vacant land to make up the shortfall of parcels needed to accommodate the City's Regional Housing Needs Assessment of 2,007 units for lower-income households. The additional eighteen vacant parcels considered for the Affordable Housing Overlay Zone come from the Uptown Temecula Specific Plan area. These parcels were not originally considered at the time that the Vacant Land Inventory Analysis was prepared, because their zoning designation did not allow for residential development. Now that the Uptown Temecula Specific Plan has been adopted and allows for mixed-use development, including residential uses, these parcels can now be considered for inclusion in the Affordable Housing Overlay Zone. The 44 parcels proposed for the Affordable Housing Overlay Zone total just over 100 acres, and can accommodate the City's mandated affordable housing needs of 2,007 units for affordable households. A map showing the location of the parcels can be found in Exhibit A of the attached Ordinance. Parcels within the Affordable Housing Overlay Zone may be developed using the underlying zoning designation, or as an affordable housing project under the Affordable Housing Overlay, 2 thus providing additional development opportunities to property owners whose properties are located within the overlay zone. If a site is developed as an affordable housing project, at least 20 percent of the residential units in each project shall be reserved for households earning no greater than 80 percent of the area median income adjusted for family size appropriate to the unit. For mixed-use affordable housing projects in the Uptown Temecula Specific Plan Area, residential uses shall occupy at least 50 percent of the total floor area of the mixed-use project. In compliance with the Temecula 2014-2021 Housing Element and as required by Government Code section 65583.2(h), a project that seeks to develop under the Affordable Housing Overlay Zone is only subject to administrative review, and will not be subject to any discretionary review. As such, staff will only be permitted to review the project to determine if it complies with the requirements set forth in the proposed Ordinance. These requirements include ensuring that the project complies with the following: Development Code standards, Specific Plan standards, Cultural Resources Treatment Agreement with Pechanga, Multiple Species Habitat Conservation Plan, Building and Fire Codes,Transportation Uniform Mitigation Fee, Development Impact Fees, Water Quality Management Plan, and certain dedication of improvements. The Development Code standards will address things such as height limits, setbacks, lot coverage, and parking. The adoption of the Affordable Housing Overlay Zone, while a requirement of the 2014-2021 Housing Element, does not change the maximum density already allowed under the current development standards. The City must adopt the Affordable Housing Overlay Zone in order to comply with its Housing Element. Currently, Section 17.10.20 of the Temecula Municipal Code, allows senior or affordable housing projects with densities up to 30 dwelling units per acre on sites with a zoning designation of High Density Residential and Professional Office. Additionally, parcels within the Uptown Temecula Specific Plan allow densities that would exceed this 30 unit per acre. Therefore, the adoption of the proposed ordinance does not change what is currently allowed within the City's Development Code; it merely implements a required program of the City's General Plan Housing Element, and affords an additional opportunity to use a ministerial process for projects that comply with the Affordable Housing Overlay Zone. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on August 25, 2018. ENVIRONMENTAL DETERMINATION Pursuant to State CEQA Guidelines Section 15162, an Addendum to the EIR has been prepared, which concludes that the proposed changes, additions, or modifications do not result in any new or greater environmental impacts than were previously analyzed, disclosed, and/or mitigated in the Uptown Temecula Specific Plan Environmental Impact Report (EIR) that was certified in November 2015 (SCH #2013061012) and the Negative Declaration prepared for the City's 2014 — 2021 Housing Element. None of the conditions in State CEQA Guidelines Section 15162 are present and no additional environmental review is required. ATTACHMENTS 1. PC Resolution —Affordable Housing Overlay Zone Ordinance 2. Draft City Council Ordinance —Affordable Housing Overlay Zone 3. Addendum to the Uptown Temecula Specific Plan Environmental Impact Report and the City of Temecula 2014-2021 Housing Element 4. Notice of Public Hearing 3 PC RESOLUTION NO.18- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ADD CHAPTER 17.21 ESTABLISHING AN AFFORDABLE HOUSING OVERLAY ZONE, AND MAKING THE DETERMINATION THAT THE PROPOSED ORDINANCE IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LONG RANGE PLANNING PROJECT NO. LR14- 0010)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. Program 1 of the City's 2014-2021 Housing Element requires the City to amend the Municipal Code to establish an Affordable Housing Overlay Zone to encourage the development of affordable housing in the City and to meet the City's unaccommodated Regional Housing Need Assessment (RHNA). B. In compliance with this requirement, staff has drafted a proposed Ordinance amending the Development Code to add a new chapter establishing an Affordable Housing Overlay Zone in the City (Planning Application No. LR14-0010). C. The proposed Ordinance was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the application and environmental review on September 5, 2018, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council approve Planning Application No. LR14-0010 subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the application hereby finds, determines and declares that: A. The proposed Ordinance is in conformance with the City of Temecula General Plan and with all applicable requirements of State law and other Ordinances of the City; The proposed Affordable Housing Overlay Ordinance conforms to the City of Temecula General Plan because establishing an Affordable Housing Overlay implements Program 1 of the City of Temecula General Plan Housing Element. Furthermore, the proposed Affordable Housing Overlay Zone Ordinance directly responds to Goal 1, Policy 1.1, 1.2, 2.1, 2.2, 3.1 and 5.2 of the General Plan Housing Element, and Goal A, Policy 1.6 of the General Plan Land Use Element. Section 3. Environmental Compliance. A. Pursuant to State CEQA Guidelines Section 15162, an Addendum to the EIR has been prepared, which concludes that the proposed changes, additions, or modifications do not result in any new or greater environmental impacts than were previously analyzed, disclosed, and/or mitigated in the Uptown Temecula Specific Plan Environmental Impact Report (EIR) that was certified in November 2015 (SCH #2013061012) and the Negative Declaration prepared for the City's 2014 — 2021 Housing Element. None of the conditions in State CEQA Guidelines Section 15162 are present and no additional environmental review is required. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt an ordinance establishing an Affordable Housing Overlay Zone Ordinance in the City as set forth in Exhibit A. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5t" day of September 2018. Gary Youmans, Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 18- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5t" day of September 2018, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary ORDINANCE NO. 18-[ ] AN ORDINANCE OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ADD CHAPTER 17.21 ESTABLISHING AN AFFORDABLE HOUSING OVERLAY ZONE, AND MAKING THE DETERMINATION THAT THE PROPOSED ORDINANCE IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LONG RANGE PLANNING PROJECT NO. LR14-0010) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. The Planning Commission considered this Ordinance, including the environmental analysis, on September 5, 2018, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support of or opposition to this matter. B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 18- recommending approval of the Ordinance by the City Council. C. The City Council, at a regular meeting, considered the Ordinance, including the environmental analysis, on September 25, 2018, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Legislative Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendment in Long Range Planning Project Number LR14-0010 hereby makes the following findings: A. The State Legislature has declared that the lack of housing, including providing for a variety of housing types for all income levels and special needs groups, is a critical problem that threatens the economic, environmental, and social quality of life in California. B. Government Code Section 65583 requires that the City's Housing Element address governmental constraints to the development of housing, including providing for a variety of housing types for all income levels. C. The City Council of the City of Temecula adopted the City's 2014-2021 Housing Element on January 28, 2014. D. The City's Housing Element identified the need to amend the City's Municipal Code to establish an Affordable Housing Overlay Zone to encourage the development of affordable housing in the City. E. As described in the City's Housing Element, residential uses are allowed in the land use designation where the Affordable Housing Overlay Zone will apply, as described in the text of the General Plan Housing Element and Appendix B to the Housing Element. F. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan. The proposed Ordinance amends portions of Title 17 of the Temecula Municipal Code and adds Chapter 17.21 to the Temecula Municipal Code, thereby establishing an Affordable Housing Overlay Zone. The amendment to Title 17 of the Temecula Municipal Code has been designed to be consistent with State Housing Law, the Temecula Housing Element, and the Temecula General Plan. The Ordinance implements the following policies contained in the City's Housing Element: 1. Policy 1.1: Provide an inventory of land at varying densities sufficient to accommodate the existing and projected housing needs in the City; 2. Policy 1.2 Encourage residential development that provides a range of housing types in terms of cost, density, and type, and presents the opportunity for local residents to live and work in the same community by balancing jobs and housing types; 3. Policy 2.1 Promote a variety of housing opportunities that accommodate the needs of all income levels of the population, and provide opportunities to meet Temecula's fair share of extremely low-, very low-, low-, and moderate-income housing; 4. Policy 2.2 Support innovative public, private, and nonprofit efforts in the development of affordable housing, particularly for special needs groups; 5. Policy 3.1 Expedite processing procedures and fees for new construction or rehabilitation of housing; and 6. Policy 5.2: Support efforts to ensure that all income segments of the community have unrestricted access to appropriate housing. Furthermore, the Ordinance implements the following goals and policies contained in the City's General Plan Land Use Element: 7. Goal: A diverse and integrated mix of residential, commercial, industrial, recreational, public and open space land uses. 8. Policy 1.6: Encourage flexible zoning techniques in appropriate locations to encourage mixed use development, preserve natural features, achieve innovative site design, achieve a range of transition of densities, provide open space and recreation facilities, and/or provide necessary amenities and facilities. G. The proposed amendments to the Municipal Code are consistent with the General Plan and all applicable provisions contained therein. Residential development approved pursuant to Chapter 17.21 complies with the requirements included in the City's General Plan Housing Element. Section 3. Environmental Findings. The City Council of the City of Temecula hereby makes the following environmental findings and determinations in connection with the approval of the proposed Ordinance: A. Pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. ("CEQA")), and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), the proposed Ordinance falls within the scope of the environmental analysis conducted for the City's 2014 — 2021 Housing Element and the Uptown Temecula Specific Plan. The proposed Ordinance implements Program 1 of the City's 2014 — 2021 Housing Element, by amending portions of Title 17 of the Temecula Municipal Code to add Chapter 17.21 and thereby establish an Affordable Housing Overlay Zone. B. On January 28, 2014, a Negative Declaration was adopted for the approval of the 2014 — 2021 Housing Element, which analyzed the potential impacts and determined that less than significant impacts would result from the adoption of the 2014 — 2021 Housing Element. This Ordinance merely implements the 2014 — 2021 Housing Element by establishing the Affordable Housing Overlay Zone described in the City's Housing Element. As such, the environmental impacts for the Project have been evaluated by the previously adopted Negative Declaration and no further environmental review is necessary. None of the circumstances in CEQA Guidelines Section 15162 exist to require any additional environmental review and no further documentation is necessary. The City Council hereby relies on the prior Negative Declaration adopted in connection with the 2014 — 2021 Housing Element and directs City staff to file a Notice of Determination. C. On November 17, 2015, an Environmental Impact Report (EIR) (SCH #2013061012) was certified in connection with the approval of the Uptown Temecula Specific Plan. This Ordinance applies the Affordable Housing Overlay Zone to certain parcels located in the Uptown Temecula Specific Plan Area. The intensity authorized by the Affordable Housing Overlay Zone is in keeping with the intensity analyzed in the EIR for the Uptown Temecula Specific Plan Area. As such, the environmental impacts for the application of the Affordable Housing Overlay to these sites was adequately analyzed in the prior EIR and no further environmental review is necessary. None of the circumstances in CEQA Guidelines Section 15162 exist to require any additional environmental review and no further documentation is necessary. The City Council hereby relies on the prior EIR adopted in connection with the Uptown Temecula Specific Plan and directs City staff to file a Notice of Determination. Section 4. Table 17.02.010 of Chapter 17.02 (Establishment of Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended by adding Affordable Housing Overlay to the list of Zoning Districts as follows, with all other rows of Table 17.02.010 to remain the same: Table 17.02.010 Zoning Districts Zoning District District Abbreviation Code Chapter Description Affordable Housing Overlay AHO 17.21 Section 5. Table 17.02.020 of Chapter 17.02 (Establishment of Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended by adding "Affordable housing overlay (AHO)" to the list of Zoning Districts as follows, with all other rows of Table 17.02.020 to remain the same: Table 17.02.020 Consistency Between the General Plan and Zoning Districts General Plan Land Use Designation Zoning District These special zoning districts may be Specific plan (SP-x) used to represent any combination of general plan land use designations: Planned development overlay (PD-x) Village center plan (VC-x) Floodplain overlay district (FP) Affordable housing overlay (AHO) Section 6. Subsection "E" of Section 17.08.020 (Description of commercial/office/industrial districts) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby revised to read as follows, with all other sections of Section 17.08.020 to remain the same: "E. Professional Office (PO). The professional office designation includes primarily single-tenant or multi-tenant offices and may include supporting uses. The office developments are intended to include low-rise offices situated in a landscaped garden arrangement and may include mid-rise structures at appropriate locations. Typical uses include legal, design, engineering or medical offices, corporate and governmental offices, and community facilities. Limited supporting convenience retail and personal service (such as dry cleaners, barbers, shoe repair shop) commercial may be permitted to serve the needs of the on-site employees. A maximum of fifteen percent of the total square footage of the floor area shall be devoted to retail or personal service uses. Residential uses may be allowed on those PO properties that are subject to the Affordable Housing Overlay." Section 7. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Section 17.08.030 (Use Regulations) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to delete the row for "Affordable Housing" from the table, and designate "Residential, multiple-family housing" as a Permitted (P) Use in the PO zone subject to a new footnote 8 that reads as follows, with all other parts of Table 17.08.030 to remain the same: Description of Use NC CC HT SC PO BP LI Residential, multiple-family - C - housing "8. `Residential, multiple-family housing' shall be allowed in the PO zone only if the Affordable Housing Overlay (AHO) applies to the property and the proposed development complies with all requirements of Chapter 17.21." Section 8. Section 17.12.020 (Public/institutional district) of Chapter 17.12 (Public/Institutional District) of Title 17 (Zoning) of the Temecula Municipal Code is hereby revised in its entirety to read as follows: "The public/institutional zoning district includes both public, private and uses of a quasi-public nature such as public schools, hospitals, libraries, civic centers, cultural facilities, churches and public utility facilities. In addition, residential uses may be allowed on those PI properties that are subject to the Affordable Housing Overlay." Section 9. Table 17.12.030 (Schedule of Permitted Uses—Public/Institutional Districts) of Section 17.12.030 (Use Regulations) of Chapter 17.12 (Public/Institutional District) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add "Residential, multiple-family housing" as a Permitted (P) Use in the PI zone subject to a new footnote 4 that reads as follows, with all other parts of Table 17.12.030 to remain the same: Description of Use Public/Institutional District (PI) Residential, multiple-family housing P 'A. `Residential, multiple-family housing' shall be allowed in the PI zone only if the Affordable Housing Overlay (AHO) applies to the property and the proposed development complies with all requirements of Chapter 17.21." Section 10. A new Chapter 17.21 is hereby added to Title 17 (Zoning) of the Temecula Municipal Code to read as follows: "Chapter 17.21 Affordable Housing Overlay Zoning District 17.21.010 Purpose and Intent. 17.21.020 Underlying Zoning. 17.21.030 Approval Process. 17.21.040 Compliance with Laws. 17.21.050 Dedications and Improvements. 17.21.060 Regulations and Development Standards. 17.21.070 Regulatory Agreement. 17.21.080 Applicable Properties. 17.21.010 Purpose and Intent. The purpose of this chapter is to facilitate the development of affordable multi-family housing, enable the City to meet its housing goals, and ensure that affordable housing developments will be compatible with surrounding land uses by establishing an Affordable Housing Overlay Zoning District. 17.21.020 Underlying Zoning. A property designated within the Affordable Housing Overlay may be developed either in the manner provided in this Chapter 17.21 or in the manner provided in the underlying zoning district. 17.21.030 Approval Process. A. Projects that comply with the requirements of this Chapter 17.21 are permitted by right. B. Form of Application. An application for a project pursuant to this Chapter 17.21 shall be completed on a form provided by the planning department for an Administrative Review. The Administrative Review Application shall be reviewed by the Planning director and shall be granted if the Planning Director finds that the application complies with all of the requirements in this Chapter 17.21. C. Notice of Decision. A Notice of Decision for an Administrative Review Application shall be mailed first class and postage pre-paid to both the applicant and its representative (as shown on the application) and to any person who has made a written request for a copy of the decision. D. Expiration of Administrative Approval. Within three years of the date of approval for the Administrative Review Application, commencement of construction shall have occurred or the approval shall become null and void. E. Revocation. Approval of an Administrative Review Application may be revoked or modified by the Planning Commission in accordance with Section 17.03.080. 17.21.040 Compliance with Laws. A. The applicant shall enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe, and provide a copy of this agreement to the City before the issuance of an Administrative Review Application. This Agreement shall address the following: 1. Treatment and disposition of cultural resources; 2. The designation, responsibilities, and participation of professional Pechanga Tribal monitors during grading, excavation and ground disturbing activities; 3. Project grading and development scheduling; 4. Terms of compensation for the Pechange Tribal monitors; 5. Treatment and final disposition of any cultural resources, sacred sites, and human remains discovered onsite; 6. Pechanga Tribal monitor's authority to stop and redirect grading in order to evaluate the significance of any potential resources discovered on the property, and to make recommendations as to treatment; 7. The applicant's agreement to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition; and 8. The applicant's agreement that all Pechanga Tribal sacred sites are to be avoided and preserved. B. The applicant shall comply with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), the MSHCP Implementing Agreement, and pay any applicable fees including any Local Development Mitigation Fee. C. The applicant shall comply with all requirements of the building codes adopted by the City, pursuant to Temecula Municipal Code Chapter 15.04. D. The applicant shall enter into an agreement with the City, approved and executed by the City Manager in a form approved by the City Attorney, whereby the applicant agrees to: 1. Conduct a Burrowing Owl Study in compliance with the MSHCP prior to plan check approval for a grading permit. If the results of the survey indicate that no burrowing owls are present on site, then the project may move forward with grading, upon Planning Division approval. If burrowing owls are found to be present or nesting on site during the preconstruction survey, then the applicant shall comply with the following requirements unless the MSHCP contains different mitigation measures, in which case the MSHCP mitigaiton measures shall prevail: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, except that from March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist. If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. E. The applicant shall comply with the requirements of the City's Public Art Ordinance, as set forth in Temecula Municipal Code Chapter 5.08. F. The applicant shall pay any applicable Transportation Uniform Mitigation Fees, as set forth in Temecula Municipal Code Chapter 15.08. G. The applicant shall pay any applicable Development Impact Fees, as set forth in Temecula Municipal Code Chapter 15.06. H. The applicant shall comply with all requirements of the NPDES MS4 permit and Chapter 18.06 herein, including preparing a Water Quality Management Plan, paying all fees, obtaining all permits, and entering into any necessary operating and maintenance agreements related thereto. The property owner shall provide for the effective establishment, operation, management, use, repair, and maintenance of all drainage facilities and pollution prevention devices outlined in the WQMP for the project. I. The applicant shall comply with the City's Sign Standards, as set forth in Temecula Municipal Code Chapter 17.28. All projects approved pursuant to this Chapter 17.21 shall comply with the standards applicable to signs in residential districts, even if the underlying zoning district for the property is professional office, public- institutional, or another non-residential zoning district, except that any project in the Uptown Temecula Specific Plan Area shall follow the sign standards in the Uptown Temecula Specific Plan. J. The applicant shall comply with the requirements of the City's Water Efficient Landscape Ordinance, as set forth in Temecula Municipal Code 17.32. K. The applicant shall comply with all objective health and safety standards, as determined by the Riverside County Environmental Health Department. L. If determined applicable by the City, the applicant shall submit a geotechnical report by a certified engineer, geologist or civil engineer practicing within their area of competence. The applicant also shall pay all fees associated with a City or City-contracted third party review of said geotechnical report. The applicant shall mitigate all seismic risks in compliance with the Alquist-Priolo Act, Seismic Hazards Mapping Act, and any subsquent seismic legislation. M. Where no subdivision is required, and if determined applicable by the City, the applicant shall enter into a reciprocal access easement, maintenance agreement, or other agreement, in a form approved by the City Attorney, ensuring access to all parcels and joint maintenance of all roads, drives, parking areas, drainage facilities, and water quality features. Prior to the issuance of the grading permit, the applicant shall record a copy of this agreement in the public records of the County of Riverside, and a copy of the agreement shall be filed with the office of the City Clerk, and a copy shall be provided to the Planning Department. 17.21.050 Dedications and Improvements. A. The purpose of this section is to establish standards and requirements for dedications and improvements in connection with the development of land pursuant to this Chapter 17.21 in which no subdivision is involved. B. Dedications Required. Applicants who propose a development pursuant to this Chapter 17.21 shall provide, by means of an offer of dedication or other appropriate conveyance as approved by the City Attorney, the rights-of-way necessary for the construction of any street as shown on the circulation plan in the general plan, any applicable specific plan, or otherwise required by the Director of Public Works in compliance with an established street system or plan. Rights-of-way shall be provided for improvements to existing facilities, including rights-of-way for storm drains or other required public facilities. All rights-of-way shall be accompanied by a title report and be free of all liens and encumbrances. Dedications required by this section shall be made before the issuance of a building permit. C. Public Improvements Required. Applicants who propose a project pursuant to this Chapter 17.21 shall cause to construct all necessary public improvements in compliance with city specifications upon the property and along all street frontages adjoining the property, unless adequate public improvements already exist. In each instance, the Director of Public Works shall determine whether or not the necessary improvements exist and are adequate. D. Construction of Public Improvements. If the Director of Public Works determines that public improvements are required, these public improvements shall be designed to city standards and their construction guaranteed by an improvement agreement secured by a bond or cash deposit before issuance of a building permit. If the building permit is not exercised, the improvement obligation shall terminate and the security shall be returned. The Director of Public Works is authorized to execute agreements on behalf of the city. 17.21.060 Regulations and Development Standards. A. Except as otherwise stated herein, the objective standards and regulations applicable to multifamily projects in the High Density Residential Zoning District, as outlined in Chapter 17.06, shall apply to all projects developed pursuant to this Chapter 17.21. If the project is located within a sepcific plan or planned development overlay area, the project shall comply with all objective standards contained in the applicable specific plan or planned development overlay, including, but not limited to, design requirements, fees, landscaping, and mitigation monitoring programs; however, where the applicable specific plan or planned development overlay standards conflict with the High Density Residential Zoning District standards with respect to density and height, the High Density Residential Zoning District standards shall apply. Notwithstanding the foregoing, housing projects and mixed-use projects developed pursuant to this Chapter 17.21 on sites that are located in the Uptown Temecula Specific Plan Area shall comply with the objective standards and regulations provided in the Uptown Temecula Specific Plan, except that the specific requirements of this Section 17.21.060 regarding minimum density and affordable units shall apply. B. Projects developed pursuant to this Chapter 17.21 may consist of entirely residential uses, or may be structured as mixed-use projects with commercial and residential uses if the underlying zoning is Uptown Temecula Specific Plan and allows for mixed-use projects. Mixed-use projects shall be allowed only if residential uses occupy at least 50 percent of the total floor area of the mixed-use project. C. Projects developed pursuant to this Chapter 17.21 shall be considered a High Density Residential use for the purposes of determining maximum noise levels under Table N-1 in Section 9.20.040 of this Code. D. At least 20 percent of the residential units in each project developed pursuant to this Chapter 17.21 shall be reserved for households earning no greater than 80 percent of area median income adjusted for family size appropriate to the unit. The units shall be sold or rented at an affordable housing cost or affordable rent, as those terms are defined in Sections 50052.5 and 50053 of the California Health and Safety Code. If the units are rental units, the affordable units shall be deed-restricted for a period of not less than fifty-five (55) years. If the units are for-sale units, the units shall be sold in accordance with California Government Code Section 65915. E. Any project developed pursuant to this Chapter 17.21 shall provide a residential density of no less than 20 dwelling units per acre, with a maximum density of 30 units per acre. F. An applicant for a project pursuant to this Chapter 17.21 may apply for a density bonus in accordance with Government Code 65915. For the purposes of any density bonus granted, the maximum allowable residential density for a project applying for by-right approval in the Affordable Housing Overlay shall be 30 dwelling units per acre. 17.21.070 Regulatory Agreement. A. A legally binding agreement, in a form approved by the City Attorney, shall be executed and recorded against the property to ensure that the property complies with all of the requirements of this Chapter 17.21, including, but not limited to, the requirement that affordable units shall be deed-restricted for a period of not less than fifty-five (55) years. B. The property owner shall record the regulatory agreement prior to recording any final map for the underlying property, or prior to the issuance of any building permit for the project, whichever comes first. The regulatory agreement shall be binding on all future owners and successors of interests of the project. C. The City Manager is authorized to execute the regulatory agreement, and any related document(s), on behalf of the City Council for projects approved pursuant to this Chapter 17.21. 17.21.080 Applicable Properties. This Affordable Housing Overlay applies to those properties shown on the City of Temecula Affordable Housing Overlay Map attached as Exhibit "A" to this Ordinance, as it may be amended from time to time." Section 11. Table 17.22.166A (Rancho Pueblo Matrix of Permitted Uses) in Section 17.22.166 (Land Uses) of Article VII (Rancho Pueblo Planned Development Overlay District (PDO-6) of Chapter 17.22 (Planned Development Overlay Zoning District) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to delete the row for "Affordable Housing" from the table, with all other parts of Table 17.22.166A to remain the same. Section 12. Table 17.22.196 (Schedule of Permitted Uses) of Section 17.22.196 (Use Regulations) of Article IX (De Portola Road Planned Development Overlay District) of Chapter 17.22 (Planned Development Overlay Zoning District) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to delete the row for "Affordable Housing" from the table, with all other parts of Section 17.22.196 to remain the same. Section 13. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 14. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 15. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of 2018. Matt Rahn, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Randi Johl-Olson, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 18-[ ] was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , 2018, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of 2018, the following vote: AYES: COUNCIL MEMBERS: [ ] NOES: COUNCIL MEMBERS: [ ] ABSTAIN: COUNCIL MEMBERS: [ ] ABSENT: COUNCIL MEMBERS: [ ] Randi Johl-Olson, City Clerk EXHIBIT A AFFORDABLE HOUSING OVERLAY MAP �.� 1 920110004 23 959060014 +' 2 909370050 24 959060016 3 909370049 25 959060017 I 4 921330052 26 959070014 5 1 921330053 27 910272008 PDC) f 6 921330025 28 910272017 7 921330005 29 910272014 8 921280002 30 910272029 o� Ronp 9 944330008 31 921060056 Harveston Hit 10 944290016 32 921060058 ° 11 944330007 33 921050016 a --'s Z' 12 944330005 34 921050020 13 944330004 35 909270024 14 944060009 36 909282013 0 15 944370006 37 910262009 w 16 944370007 38 910272025 ® 17 944370005 39 910272018 Campos 18 944370013 40 910282002 Verdes 19 944370010 41 910272001 Temecula 20 944370001 42 910262003 Regional 21 922190033 43 910262007 S Center 22 961440017 44 910262010 OVERLAND'DR PD0-10 Affordable Housing Overlay Areas Temecula City Boundary Jew ffer�so C �9� orridor Date:08/24/2018 PGP PDO-2/ Mar arita o g. o o Village/Te jeku 1 'Hills / i P RANCHO_ ?� CALIFORNIA-RD + J� •`'' a PDO'5 ?SGS PAR/, PGEk9.ST PDO'-7 m �R RANCHO-VISTq•RO +� ti Paloma del Sol%P esa o �`•�••�.._.._.. del-Sol '. "'SN D Rancho Old Town Highlands SANTIAGORD 0G Altair �`sr 0 0 9eP Specific Plan o F ® PDO Souths de TFMF °yG PD0-6 DE-PORTO-0 R° Rancho Pueblo Temela Ck, , ��_�• Village PDO-4 o 2,500 5,000 .'���,.��''�� PDO-1 Feet Mile �' Temecula 0 0.5 1 �•' Creek Inn e ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT AS CERTIFIED BY THE CITY COUNCIL OF THE CITY OF TEMECULA FOR THE UPTOWN TEMECULA SPECIFIC PLAN (STATE CLEARINGHOUSE NO. 2013061012) AND THE NEGATIVE DECLARATION FOR THE 2014-2021 HOUSING ELEMENT Prepared by the City of Temecula in its capacity as a Lead Agency SITE: Parcels 920110004, 909370050, 909370049, 921330052, 921330053, 921330025, 921330005, 921280002, 944330008, 944290016, 944330007, 944330005, 944330004, 944060009, 944370006, 944370007, 944370005, 944370013, 944370010, 944370001, 922190033, 961440017, 959060014, 959060016, 959060017, 959070014. 910272008, 910272017, 910272014, 910272029, 921060056, 921060058, 921050016, 921050020, 909270024, 909282013, 910262009, 910272025, 910272018, 910282002, 910272001, 910262003, 910262007, and 910262010. PROJECT TITLE: Affordable Housing Overlay Zone Ordinance PROJECT APPLICANT: City of Temecula Attachments: A. City Council Resolution No. 15-65 B. Negative Declaration for the 2014-2021 Housing Element PROJECT DESCRIPTION: The project consists of an ordinance establishing an Affordable Housing Overlay (AHO) Zone, and identifying specific parcels that will be subject to this overlay zone. The AHO Zone will create the opportunity for more affordable housing to be constructed within the City of Temecula. The City Council of the City of Temecula adopted the City's 2014-2021 Housing Element("Housing Element") on January 28, 2014. The City's Housing Element identified the need to amend the City's Municipal Code to establish an AHO Zone to encourage the development of affordable housing in the City. Residential uses are allowed in the land use designation where the AHO Zone will apply, as described in the text of the General Plan Housing Element and Appendix B to the Housing Element. On January 28, 2014, a Negative Declaration was adopted for the approval of the Housing Element, which analyzed the potential impacts and determined that less than significant impacts would result from the adoption of the Housing Element. The project merely implements the Housing Element by establishing the AHO Zone described in the City's Housing Element. 1 Affordable Housing Overlay Zone Addendum to Environmental Impact Report and Negative Declaration August 23, 2018 Recognizing the need to increase the stock of affordable housing in the City, and because some of the sites that were planned to be designated as part of the AHO Zone in the Housing Element were developed with non-residential uses, the City determined there was a need to include additional sites that were not identified in the Housing Element as part of the AHO Zone. The City subsequently identified for inclusion in the AHO Zone sites located within the Uptown Temecula Specific Plan area that are vacant and zoned to allow for residential development. On November 17, 2015, the City Council of the City of Temecula certified a Program Environmental Impact Report(EIR) (SCH#2013061012)for the Uptown Temecula Specific Plan. The EIR analyzed the impacts of adopting the Uptown Temecula Specific Plan and having residential, mixed-use, and commercial projects developed in the Specific Plan area. As discussed below,the project's environmental impacts were previously assessed in accordance with the authority and criteria of the California Environmental Quality Act (CEQA) in an EIR adopted by the City of Temecula for the Uptown Temecula Specific Plan, and in the Negative Declaration for the Housing Element. PURPOSE: This Addendum to the EIR and Negative Declaration is being prepared pursuant to CEQA Guidelines Section 15164 which allows for a lead agency to prepare an addendum to a previously certified EIR and/or Negative Declaration. Specifically, CEQA Guidelines Section 15164(a) provides that an addendum to an EIR shall be prepared if some changes or additions are necessary but none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR have occurred. CEQA Guidelines Section 15164(b) provides that an addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR have occurred. Pursuant to CEQA Guidelines Section 15162, no subsequent EIR shall be prepared for the project unless, on the basis of substantial evidence in light of the whole record, one or more of the following is determined: (1) Substantial changes are proposed in the project that will require major revisions of the previous EIR due to the involvement of new, significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance identifies one or more significant effects not discussed in the previous EIR, significant effects previously examined will be substantially 2 Affordable Housing Overlay Zone Addendum to Environmental Impact Report and Negative Declaration August 23, 2018 more severe than shown in the previous EIR, mitigation measures or alternatives previously found not to be feasible or not analyzed in the EIR would be feasible and would substantially reduce one or more significant effects but the project proponents decline to adopt of the measure or alternative. FINDINGS CONCERNING ENVIRONMENTAL IMPACTS OF THE PROJECT: The environmental impacts associated with adopting an AHO Zone, and including the sites that were identified in the Housing Element in the AHO Zone, were previously analyzed in the Negative Declaration for the Housing Element. Program 1 of the Housing Element specifically identified that the City will establish an AHO Zone that will allow for an increase in density in the High Residential zoning designations, to 30 units per acre, if the development is affordable housing. The increased development capacity within the High Density Residential zone will allow for densities consistent with default densities of state housing element law and will therefore be appropriate to accommodate a portion of the City's lower income regional housing need. The Housing Element also provides that the overlay will be applied to Professional Office sites through implementation of Program 1, and these sites will be permitted to develop at a density of 30 units per acre. The proposed Ordinance implements Program 1 of the Housing Element, by amending portions of Title 17 of the Temecula Municipal Code to add Chapter 17.21 and thereby establishes an AHO Zone. The proposed Ordinance also identifies that all the currently vacant sites that were identified in the Housing Element as being part of the AHO Zone are part of the AHO Zone. The environmental impacts of the Project have been evaluated by the previously adopted Negative Declaration and no further environmental review is necessary. The Negative Declaration found that there would be no impact to aesthetics or agriculture and forestry resources associated with the adoption of the Housing Element. The Negative Declaration further found that there would be less than significant impacts to air quality; biological resources; cultural resources; geology and soils; greenhouse gas emissions; hazards and hazardous materials; hydrology and water quality; land use and planning; mineral resources; noise; population and housing; public services; recreation; transportation and traffic; and utilities and service systems associated with the adoption of the Housing Element. The Negative Declaration explained that the AHO Zone will formalize the density levels for affordable housing projects in the High Density and Professional Office zones that are already included in the existing Municipal Code Section 17.10.020(M)(3)(a), which allows affordable housing projects in these zoning districts to develop up to a maximum density of 30 dwelling units per acre. The AHO Zone therefore does not increase the allowable density above the levels already authorized by the Municipal Code. None of the findings in CEQA Guidelines Section 15162 has been triggered and no further environmental review or documentation is necessary. 3 Affordable Housing Overlay Zone Addendum to Environmental Impact Report and Negative Declaration August 23, 2018 The Housing Element states that where an approval of a development (residential, commercial or mixed-use) on an identified site in Appendix B results in a reduction of potential affordable units below the residential capacity assumed, the City will identify and designate additional AHO sites to accommodate the shortfall of capacity remaining within the AHO Zone. In compliance with the Housing Element, the City has identified additional sites within the Uptown Temecula Specific Plan that will be part of the AHO Zone. An EIR was certified in connection with the approval of the Uptown Temecula Specific Plan. The EIR analyzed the environmental impacts associated with adopting the Uptown Temecula Specific Plan. The EIR identified the potential for the adoption of the Uptown Specific Plan to cause significant environmental impacts in the areas of aesthetics; air quality; biological resources; cultural resources; geology, soils and seismicity; hazards and hazardous materials; hydrology and water quality; noise; transportation and traffic; and utilities and water supply assessment. With the exception of specific impacts to air quality (construction and operations), noise (construction), and cumulative impacts to air quality and cultural resources, measures have been identified that would mitigate all of the impacts to the topic areas identified above to a less than significant level. The City Council adopted a Mitigation and Monitoring Program in connection with the EIR. The City Council also adopted a Statement of Overriding Considerations for the environmental impacts that could not be fully mitigated to a less than significant level. The proposed Ordinance applies the AHO Zone to certain parcels located in the Uptown Temecula Specific Plan Area. The Uptown Temecula Specific Plan is divided into six planning districts, all of which allow residential uses. The Uptown Temecula Specific Plan, however, does not contain maximum or minimum density requirements, although residential development is anticipated at a range of 20 to 60 dwelling units per acre. Depending on the zoning district, residential developments can be arranged as residential only, mixed-use development, or both. For planning purposes, the Uptown Temecula Specific Plan assumes a residential density of 45 dwelling units per acre in all zoning districts. Uptown Temecula Specific Plan area sites located within the AHO Zone that seek to develop projects under Chapter 17.21 of the Municipal Code will have a minimum density level of 20 dwelling units per acre, and no maximum density. The intensity authorized by the AHO Zone is in keeping with the intensity analyzed in the EIR for the Uptown Temecula Specific Plan Area. Because the Uptown Temecula Specific Plan assumes a density level of 45 dwelling units per acre, the project's environmental impacts are consistent with the analysis and conclusions presented in the EIR. As such, the environmental impacts for the application of the AHO to these sites was adequately analyzed in the prior EIR and no further environmental review is necessary. None of the circumstances in CEQA Guidelines Section 15162 exist to require any additional environmental review and no further documentation is necessary. 4 Affordable Housing Overlay Zone Addendum to Environmental Impact Report and Negative Declaration August 23, 2018 By: / Title:� .yr,�.r �, f �c„v,w�► DATE: August 23, 2018 5 RESOLUTION NO. 15-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION WITH THE ADOPTION OF THE UPTOWN JEFFERSON SPECIFIC PLAN THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 . Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Uptown Jefferson Specific Plan ("Specific Plan") has been initiated and prepared on behalf of the City of Temecula. The Specific Plan area is approximately 2.3 miles long and encompasses approximately 560 acres. The Specific Plan area is located north of Rancho California Road, west of Interstate 15, south of Cherry Street, and east of Diaz Road. The Specific Plan area is divided into six zoning districts: Uptown Center District, Uptown Hotel/Tourism District, Uptown Sports/Transit District, Uptown Arts District, Creekside Village District and the Murrieta Creek Recreation and Open Space District. In addition, there are two overlay zones: Creekside Village Commercial Zone and the Wilder Hills Residential Overlay Zone. It is projected that approximately 5.5 million square feet of new development could be constructed in the Specific Plan area within twenty years. This includes approximately 1.7 million square of feet of commercial development, 315 new hotel rooms and 3,726 new residential dwelling units. B. The adoption of the Specific Plan also includes a General Plan Amendment, a Zoning Code Amendment to add the Specific Plan area, a Zoning Map Amendment to change the zoning classification of the properties located within the Specific Plan area, and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone (collectively referred to as the "Project"). C. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code § 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs. § 15000 et seq. (collectively referred to as "CEQA"). Pursuant to CEQA, the City is the lead agency for the Specific Plan, as the public agency with both general governmental powers and the principal responsibility for implementing the Specific Plan. Resos 15-65 1 D. On June 2, 2013, in accordance with CEQA Guideline Section 15082, the City published a Notice of Preparation ("NOP") of a Draft Environmental Impact Report ("Draft EIR") and circulated it to governmental agencies, organizations, and persons that may be interested in the proposed Project. The NOP requested that comments on the topics to be analyzed in the Draft EIR for the proposed Project be submitted to the City by July 12, 2013. E. In response to the NOP, the City received written comments from various individuals and organizations. These comment letters assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR. F. On June 27, 2013, in accordance with CEQA Guidelines Section 15082(c)(1), the City held a public scoping meeting to obtain comments from interested parties on the scope of the Draft EIR. G. The City's consultants thereafter prepared, in accordance with State CEQA Guidelines Section 15168, a Draft EIR for the proposed Project (State Clearinghouse Number 2013061012). H. Upon completion of the Draft EIR in March 2015, the City initiated a public comment period by filing a Notice of Completion with the State Office of Planning and Research on April 1 , 2015. The public comment period commenced via the State Clearing House from April 2, 2015 through May 18, 2015. A Notice of Completion and Recirculation of a Draft EIR was also sent to adjacent property owners indicating a review period of May 19, 2015 through July 6, 2015. Copies of the documents have been available for public review and inspection at the City of Temecula Community Development Department, Planning Division, located at 41000 Main Street; the Temecula Public Library located at 30600 Pauba Road; the Temecula Grace Mellman Community Library located at 41000 County Center; the City of Temecula website; and the Envision Jefferson Avenue website. The City also published a Notice of Availability for the Draft EIR on on April 4, 2015 in the San Diego Union-Tribune, a newspaper of general circulation in the City. I. In response to the Draft EIR, written comments were received from various agencies, individuals, and organizations. The City responded to all written comments. Those comments and the responses thereto are included as part of the Final Environmental Impact Report/Response to Comments document ("Final EIR"). The Final EIR consists of the Draft EIR, Comments and Responses to Comments, the Mitigation Monitoring and Reporting Program, and the Errata listing changes made to the Draft EIR in response to comments. J. Pursuant to Public Resources Code section 21092.5, the City provided its responses to all persons, organizations, and agencies who commented on the Draft EIR. K. On October 21, 2015 and November 4, 2015, at duly noticed public hearings as prescribed by law, the Planning Commission considered the proposed Resos 15-65 2 Project and any comments received prior to or at the public hearings, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project and the EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 15-26 recommending that the City Council certify the Final EIR prepared for the proposed Project, adopt Findings pursuant to the California Environmental Quality Act, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the proposed Project. The Planning Commission also adopted Resolution No. 15-27, thereby recommending that the City Council take various actions, including adopting General Plan Amendment, Zoning Code and Zoning Map amendments related to the approval of the proposed Project. L. Section 15091 of the State CEQA Guidelines requires that the City, before approving a project for which an EIR is required, make one or more of the following written finding(s) for each significant effect identified in the EIR accompanied by a brief explanation of the rationale for each finding: 1 . Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR; or, 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or, 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. M. Section 15093 of the State CEQA Guidelines requires that if a project will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts. N. Environmental impacts identified in the Final EIR that are found to be less than significant and do not require mitigation are described in Section III and IV of Exhibit A to this Resolution. Exhibit A, Findings and Facts in Support of Findings, is hereby incorporated by reference as if set forth in full herein. Resos 15-65 3 O. Environmental impacts identified in the Final EIR that are found to be less than significant through the imposition of mitigation are described in Section V of Exhibit A to this Resolution. P. Environmental impacts identified in the Final EIR as potentially significant but which cannot be fully mitigated to a less than significant level despite the imposition of all feasible mitigation measures are described in Section VI of Exhibit A to this Resolution. Q. Alternatives to the proposed Project that might eliminate or reduce significant environmental impacts are described in Section VII of Exhibit A. of this Resolution. R. A discussion of the proposed Project benefits identified by City staff and a Statement of Overriding Considerations for the environmental impacts that cannot be fully mitigated to a less than significant level are set forth in Exhibit B to this Resolution, which is hereby incorporated by reference as if set forth in full herein. S. Public Resources Code section 21081.6 requires the City to prepare and adopt a Mitigation Monitoring and Reporting Program for any project for which mitigation measures have been imposed to ensure compliance with the adopted mitigation measures. The Mitigation Monitoring and Reporting Program is attached to this Resolution as Exhibit C, and is hereby incorporated by reference as if set forth in full herein. T. On November 17, 2015, the City Council of the City of Temecula considered the proposed Project including the Specific Plan, the General Plan Amendments, the Zoning Code Amendments and Zoning Map Amendment, and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone the Draft EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The City Council considered all the testimony and any comments received regarding the proposed Project, the Draft EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations prior to and at the public hearing. SECTION 2. Substantive Findings. The City Council of the City of Temecula, California does hereby: A. Declare that the City Council has independently considered the administrative record before it, which is hereby incorporated by reference and which includes the Final EIR, the written and oral comments on the Draft EIR, staff reports and responses to comments incorporated into the Final EIR, and all testimony related to environmental issues. B. Determine that the Final EIR fully analyzes and discloses the potential impacts of the proposed Project, and that those impacts have been mitigated or avoided Resos 15-65 4 to the extent feasible for the reasons set forth in the Findings attached hereto as Exhibit A, with the exception of those impacts found to be significant and unmitigable as discussed therein. C. Declare that prior to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data in the administrative record including the Final EIR, and all oral and written testimony presented to it during meetings and hearings. The City Council finds the Final EIR is an accurate and objective statement that fully complies with CEQA, State CEQA Guidelines and the City's local CEQA Guidelines. The Final EIR reflects the independent judgment of the City Council and is deemed adequate for purposes of making decisions on the merits of the proposed Project and related actions. The City Council further finds that the additional information provided in the staff reports, in comments on the Draft EIR, the responses to comments on the Draft EIR, and the evidence presented in written and oral testimony does not constitute new information requiring recirculation of the Draft EIR or additional review of the Final EIR under CEQA. None of the information presented has deprived the public of a meaningful opportunity to comment upon a substantial environmental impact of the proposed Project or a feasible mitigation measure or alternative that the City has declined to implement. The minor modifications to the Final EIR do not require adiditonal public review because there has not been a substantial increase in the severity of any environmental impacts. SECTION 3. Certification of the Final EIR. The City Council hereby certifies the Final EIR as being in compliance with CEQA. The City Council further adopts the findings pursuant to CEQA as set forth in Exhibit A attached hereto and incorporated herein by reference; adopts the Statement of Overriding Considerations as set forth in Exhibit B attached hereto and incorporated herein by reference; and adopts the Mitigation Monitoring and Reporting Program attached hereto as Exhibit C and incorporated herein by reference. The City Council further determines that all of the findings made in this Resolution (including Exhibit A) are based upon the information and evidence set forth in the Final EIR and upon other substantial evidence that has been presented at the hearings before the Planning Commission and the City Council, and in the record of the proceedings. The City Council further finds that each of the overriding benefits stated in Exhibit B, by itself, would justify proceeding with the proposed Project despite any significant unavoidable impacts identified in the Final EIR or alleged to be significant in the record of proceedings. SECTION 4. The City Council hereby imposes as a condition on the proposed Project each mitigation measure specified in Exhibit C, and directs City staff to implement and to monitor the mitigation measures as described in Exhibit C. SECTION 5. Custodian of Records. The City Clerk of the City of Temecula is the custodian of records, and the documents and other materials that constitute the record of proceedings upon which this decision is based are located at the Office of the City Clerk, City of Temecula, 41000 Main Street, Temecula, California 92590. This information is provided in compliance with Public Resources Code Section 21081.6. Resos 15-65 5 SECTION 6. Severability. The City Council hereby declares that the provisions of this Resolution are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Resolution to be invalid, such decision shall not affect the validity of the remaining parts of this Resolution. SECTION 7. Certification and Effective Date. The City Clerk shall certify to the adoption of this Resolution which shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 17th day of November, 2015. Jeff Comerchero, Mayor ATTES . Randi Jo , City Clerk [SEAL] Resos 15-65 6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 15-65 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 17th day of November, 2015, by the following vote: AYES: 5 COUNCIL MEMBERS: Edwards, McCracken, Naggar, Rahn, Comerchero NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk Resos 15-65 7 EXHIBIT A Findings and Facts in Support of Findings I. Introduction. The California Environmental Quality Act, Public Resources Code § 21000, et seq. ("CEQA")and the State CEQA Guidelines. 14 Cal. Code Regs. § 15000, et seq.(the"Guidelines") provide that no public agency shall approve or carry out a project for which an environmental impact report has been certified that identifies one or more significant effects on the environment caused by the project unless the public agency makes one or more of the following findings: A. Changes or alterations have been required in, or incorporated into,the project, which avoid or substantially lessen the significant environmental effects identified in the Program Environmental Impact Report(EIR). B. Such changes or alterations are within the responsibility of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. C. Specific economic, social,or other considerations make infeasible the mitigation measures or project alternatives identified in the Program EIR.1 Pursuant to the requirements of CEQA, the City Council of the City of Temecula hereby makes the following environmental findings in connection with the proposed Uptown Jefferson Specific Plan, the General Plan Amendment,a Zoning Code Amendment to add the Specific Plan area, a Zoning Map Amendment to change the zoning classification of the properties located within the Specific Plan area, and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone(the"Project"), as more fully described in the Final Program EIR. These findings are based upon written and oral evidence included in the record of these proceedings, comments on the Draft Program EIR and the written responses thereto, and reports presented to the Planning Commission and the City Council by City staff and the City's environmental consultants. II. Project Objectives. As set forth in the Program EIR, objectives that the City of Temecula seeks to achieve with this Project(the"Project Objectives")are as follows: A. Create a vibrant locale by providing a mix of land uses including housing,commercial/retail, office, higher education institutions, hotels and other tourist-oriented uses, cultural uses,and open space and recreational opportunities. Cal.Puh.Res.Code b 21081: 14 Cal.Code Regs. § 15091. A-1 B. Strengthen opportunities for economic development in the Specific Plan area by building upon existing assets as well as encouraging new public and private investment in the area that attracts high-wage, quality employment opportunities and higher education facilities. C. Establish a distinct identity for the Specific Plan area by beautifying Jefferson Avenue and making it"Temecula's Great Street." D. Identify and establish interrelated, compatible districts and neighborhoods with their own unique identities. E. Develop a signage strategy for wayfinding, neighborhood/district identification, and gateway monumentation that emphasizes the distinct character of the area's location, natural setting,and built environment. F. Create a form-based code to guide future development that allows greater density, increased building heights, design standards for architecture,street character and public realms,and flexible urban parking standards. G. Establish an efficient and interconnected multi-modal mobility network through circulation and transit improvements, including the French Valley Interchange, Overland Drive Extension, Rancho Way Extension,Jefferson Avenue Streetscape Beautification, and working with Regional Transit Authority(RTA)on the siting of a new transit center. H. Enhance bicycle and pedestrian mobility in the Specific Plan area through the development of human-scaled streets, blocks, and alleys as well as incorporating public plazas and providing links with open spaces and recreational amenities. 1. Ensure that new development in the Specific Plan area is adequately served by utilities. III. Effects Determined to be Less Than Significant/No Impact in the Initial Study The City of Temecula conducted an Initial Study in May 2013 to determine significant effects of the Project. In the course of this evaluation certain impacts were found to be less than significant due to the inability of a project of this scope to create such impacts or the absence of project characteristics producing effects of this type. The following issue areas were determined not to be significant for the reasons set forth in the Initial Study and were not analyzed in the EIR: (A)Agriculture and Forest Resources; (B) Mineral Resources; and(C) Recreation. Impacts related to the following issue areas were found to be potentially significant and were studied in the Program EIR: (A) Aesthetics; (B) Air Quality; (C) Biological Resources; (D)Cultural Resources; (E)Geology and Soils; (F) Greenhouse Gas Emissions and Climate Change; (G) Hazards and Hazardous Materials; (H) Hydrology and Water Quality; (1) Land Use and Planning; (J)Noise; (K) Population and Housing; (L) Public Services; (M) Transportation and Traffic ; and(N) Utilities and Services A-2 A. On June 6, 2013, in accordance with CEQA Guideline Section 15082, the City published a Notice of Preparation(NOP)of a Draft EIR and circulated it to governmental agencies, organizations, and persons that may be interested in the Project, including land owners, tenants, and business owners within the boundaries of the Uptown Jefferson Specific Plan, and land owners and tenants located within 600 feet of the Specific Plan boundaries. The NOP requested comments by July 12, 2013. On June 27, 2013, in accordance with CEQA Section 21083.9 of the State CEQA Guidelines, the City sponsored a public scoping meeting to obtain comments from interested parties on the scope of the Draft EIR. Comments received on the NOP included: the scope of traffic impact analysis and potential traffic impacts; scope of the air quality and greenhouse gas emissions analyses; impacts to public services and utilities, including the adequacy of water supply for the Project; impacts to Native American cultural resources and outreach with the Native American tribes in the area; impacts to biological resources, including consideration of the Project's proximity to Murrieta Creek and its location within the Western Riverside County Multiple Species Habitat Conservation Plan area; and consistency with local and regional land use plans, including the Regional Transportation Plan and Sustainable Communities Strategy goals.No comments were received on areas other than those found to be potentially significant in the Initial Study. IV. Effects Determined to he Less Than Significant Without Mitigation in the Program EIR The Draft Program EIR completed in March 2015 found that the proposed Project would have a less than significant impact without the imposition of mitigation measures on a number of environmental topic areas. The less than significant environmental impact determination was made for each of the following topic areas listed below, based on the more expansive discussions contained in the Program EIR. A. Greenhouse Gas Emissions and Climate Change I. The Project would not generate Greenhouse Gas(GHG) emissions, either directly or indirectly,that may have a significant impact on the environment. 2. The Project would not conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of GHGs. B. Land Use and Planning I. The Project would not physically divide an established community. 2. The Project would not conflict with any applicable land use plan, policy,or regulation of an agency with jurisdiction over the Project adopted for the purpose of avoiding or mitigating an environmental effect. 3. The Project would not conflict with any applicable habitat conservation plan or natural community conservation plan. A-3 C. Population and Housing I. The Project would not induce substantial population growth in an area, either directly or indirectly. 2. The Project would not displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. 3. The Project would not displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. D. Public Services I. The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or create a need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: • Fire protection; • Police protection; • Schools; • Parks; or • Other public facilities. 2. The Project would not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facilities would occur or be accelerated. 3. The Project would not include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. V. Potentially Significant Environmental Impacts Determined to be Mitigated to a Less Than Significant Level The Draft Program EIR identified the potential for the Project to cause significant environmental impacts in the areas of aesthetics; air quality; biological resources; cultural resources; geology, soils and seismicity; hazards and hazardous materials; hydrology and water quality; noise; transportation and traffic; and utilities and water supply assessment. With the exception of specific impacts to air quality(construction and operations), noise(construction), and cumulative impacts to air quality and A-4 cultural resources, discussed in Section VI below, measures have been identified that would mitigate all of the impacts to the topic areas identified above to a less than significant level. The City Council finds that the feasible mitigation measures for the Project identified in the Final Program EIR would reduce the Project's impacts to a less than significant level,with the exception of those unmitigable impacts discussed in Section VI below. The City Council adopts all of the feasible mitigation measures for the Project described in the Final Program EIR as conditions of approval of the Project and incorporates those into the Project, as discussed more fully in Exhibit C. A. Aesthetics 1. New Source of Light and Glare The Project has the potential to increase the intensity and density of development throughout the Project area, which could result in increased light and glare sources. in addition, although the Project would be consistent with the Riverside County Ordinance No. 655 and implement measures to reduce light and glare,given the proposed density and intensity of the Project, new development could substantially increase nighttime light sources. As described below, these impacts can be mitigated to less than significant levels. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measure described below,which ensure that the Project's potential light and glare impacts remain less than significant. Mitigation Measure MM-AES-9: The following light and glare standards shall be applied to all future development within the Specific Plan area: • The applicant shall ensure that all lighting fixtures contain"sharp cut-off' fixtures, and shall be fitted with flat glass and internal and external shielding. • The applicant shall ensure that site lighting systems shall be grouped into control zones to allow for opening, closing, and night light/security lighting schemes. All control groups shall be controlled by an automatic lighting system utilizing a time clock, photocell, and low voltage relays. • The applicant shall ensure that design and layout of the site shall take advantage of landscaping,on-site architectural massing, and off—site architectural massing to block light sources and reflection from cars. • Prior to the issuance of construction permits for a project-specific development within the Project area that includes outdoor lighting, the applicant shall submit an outdoor lighting plan and photometric plan to be reviewed and approved by the City of Temecula.The lighting plan shall be in compliance with Ordinance No. 655 as A-5 adopted by the Riverside County Board of Supervisors and shall include. but not be limited to,the following information and standards: 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 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 inspection to ensure that the site is in compliance with the design standards in Mitigation Measure MM-AES-1 and Riverside County Ordinance No. 655. • The use of highly reflective construction materials on exterior wall surfaces shall be prohibited.The exterior of permitted buildings shall be constructed of materials such as high performance tinted non-mirrored glass, painted metal panels and pre-cast concrete or fabricated wall surfaces. b) Facts in Support of Findings The Project will be required to comply with existing Riverside County Ordinance No. 655 requiring lighting to be shielded, directed down to avoid glare onto adjacent properties and emit low levels of glare into the sky. In addition, the Project would discourage large surface parking areas,which can be a primary source of daytime glare, and would increase landscaping throughout the area,which would provide additional shielding from lighting and glare; likely reducing the overall amount of light and glare that is currently produced in the Project area. With the implementation of MM-AES-1 (above), potential light and glare impacts associated with the Project will be less than significant. B. Air Quality 1. Localized Construction Emissions Future project-level development construction activities associated with the implementation of the Project would not have a significant localized impact when construction activities: 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 A-6 amount of 3,500 cubic yards of dirt handling associated with grading activities; 3) require no more than 10 miles of onsite travel by haul trucks per day; and 4) involve an onsite storage (soil)pile of no more than 0.02 acres. It is possible that project-level development could exceed these construction activity thresholds, resulting in a significant localized air quality impact. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measure described below, to ensure that construction emissions from project-level development are less than significant. Mitigation Measure MM-AIR-3: Prior to City approval of an individual development project that would have the construction equipment and activity listed below,a project- specific LST analysis that identifies the resulting construction emissions shall be prepared using either SCAQMD's LST screening tables(for projects that are less than five acres)or dispersion modeling(for projects that exceed five acres in size) . Where it is determined that construction emissions would exceed the applicable LSTs or the most stringent applicable federal or state ambient air quality standards, the project shall reduce its daily construction intensity(e.g., reducing the amount of equipment used daily, reducing the amount of soil graded/excavated daily,etc.)to a level where the project's construction emissions would no longer exceed SCAQMD's LSTs or result in pollutant emissions that would cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standards. • Requires more than a maximum of six pieces of heavy-duty diesel equipment operating concurrently for eight hours per day; • Involves more than a maximum daily amount of 3,500 cubic yards of dirt handling associated with grading activities; • Requires more than 10 miles of on-site travel by haul trucks per day; and, • Involves an on-site storage(soil)pile of more than 0.02 acres. b) Facts in Support of Findings Implementation of the Project could exceed air quality standards during construction if grading activities exceeded certain levels of activity resulting in localized air quality impacts. However, implementation of Mitigation Measures MM-AIR-1 a through MM- AIR-I d, and MM-AIR-3 would reduce potential impacts to a less than significant level. 2. Operational Sources of Toxic Air Contaminants As the entire eastern boundary of the Project area is located adjacent to I-15,there could potentially be new residential uses that would be located within 500 feet of this freeway. A-7 Consequently, the Project could potentially expose sensitive receptors to Toxic Air Contaminants (TACs) from mobile sources on I-15 to an extent that health risks could result. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measure described below,to ensure that TACs on sensitive receptors located within the Project site are less than significant. Measure MM-AIR-4: Prior to City approval of future project-specific residential developments within the Project area and located within 500 feet of 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 1-15 that is adjacent to the Project area. Based on the findings in the HRA,appropriate measures shall be taken, if necessary, to reduce the cancer risk resulting from TAC- exposure from 1-15 to below 10 in one million for the maximally-exposed individual. These measures may include, but are not limited to, relocating the residential development beyond 500 feet of the freeway or implementation of appropriate Minimum Efficiency Reporting Value(MERV) filters at the residential development. b) Facts in Support of Findings Implementation of the Project could expose sensitive receptors to TACs that exceed air quality standards. However, implementation of Mitigation Measures MM-AIR-4 would reduce potential impacts to a less than significant level. C. Biological Resources 1. Special Status Species, Sensitive Species, or Candidate Species The proposed Project has the potential to impact special status species within the Uptown Jefferson Specific Plan area. Development occurring as a result of the Project could result in direct and indirect impacts to special-status plants including disturbing or removing the plants or their habitat during construction. Construction equipment could introduce invasive weeds that could out-compete special status plants. All impacts to special status plants would be considered significant. Additionally, impacts to raptors and other migratory birds include direct loss of potential foraging and nesting habitat. Potential impacts to burrowing owl habitat would include loss of foraging and nesting(i.e., burrowing) habitat. Burrowing owls present during grading and other construction related activities have the potential to be killed or displaced through burrow collapse and other impacts. A-8 Lastly, future development could result in adverse effects to vernal pools and special-status vernal pool species (fairy shrimp)that may occur in flat,open areas between the developed portions of the Project site and Murrieta Creek. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below,to ensure that the Project's potential impacts to special status species remain less than significant. Mitigation Measure MM-BIO-1: Prior to any ground-disturbing activities for individual development projects,pre-construction clearance surveys shall be conducted in accordance with Section 6.0 of the Multiple Species Habitat Conservation Plan(MSHCP) for special-status plant species in suitable habitat areas that will be subject to ground- disturbing activities.The surveys will be conducted in the appropriate season. All special- status plant species observed shall be marked and afforded a level of protection within 100 feet of the construction footprint, per the terms and conditions of the MSHCP. As appropriate,the special-status or habitats of concern mapping within the construction limits shall be updated. A biologist will provide verification and report through memorandum to the Western Riverside County Regional Conservation Authority(RCA) Monitoring Program Administrator. Mitigation Measure MM-113I0-2: Impacts to raptors and other migratory birds shall be avoided by the implementation of one of the following measures: • All construction and ground disturbing activities shall take place outside of the raptor breeding season (February I-August 30). • If construction and ground disturbing activities are necessary during the breeding season (February I-August 30), a focused survey for active nests of raptors and migratory birds shall be conducted by a biologist(a person possessing a bachelors in science with a minimum of one year nest survey experience performing raptor surveys). The survey shall occur a maximum of 14 days prior to any construction or ground-disturbing activities. If active nest(s)(with eggs or fledglings) are identified within the project site,(CDFW for state listed species,species of special concern,and MSHCP covered species; USFWS for birds covered under the Migratory Bird Treaty Act and listed species)they shall not be disturbed until the young have hatched and fledged(matured to a state that they can leave the nest on their own). A 500-foot construction setback from any active nesting location shall be adhered to in order to avoid disturbance of the nest until the young have fledged or the nest has failed,as determined by a qualified biologist. If no active nests are identified, construction may commence. Mitigation Measure MM-1131O-3: Future development that occurs outside of land designated as Developed/Disturbed on Figure 3.3-1 of the Draft FIR,which depicts A-9 vegetation communities within the Project area, shall be surveyed by a qualified biologist (i.e., knowledgeable in burrowing owl biology) using MSHCP approved burrowing owl survey protocols within 30 days prior to construction to determine presence/absence of burrowing owl. If no burrowing owls are identified on the project site during these pre- construction surveys, no additional mitigation is necessary and construction can commence. If burrowing owl(s)are found on-site, the City and RCA will be notified.The following species-specific mitigation actions would be required if burrowing owls are found: • Since a burrowing owl is a covered species under the MSHCP, adequate conservation of the species and its habitat are achieved through participation in the MSHCP. Avoidance of the active burrow(s) is the preferred method to reduce potential impacts to burrowing owl to a less than significant level. • However, if the Project cannot avoid the active burrow(s), owls within active burrow(s) may be evicted with the use of one-way doors and passively relocated to suitable habitat with natural or artificial burrows within 100 meters of the proposed project site, as regulated by the RCA. • If eviction/passive relocation is not feasible,preparing and implementing an active translocation plan, if appropriate and approved by the RCA and CDFW that includes identifying a receptor site for the owl(s), may also be acceptable. • However, if 3 or more pairs of burrowing owls are observed on 35-plus acres of suitable habitat,onsite conservation of the habitat is required by the MSHCP in accordance with Section 63.2 of the MSHCP Plan. Onsite conservation of habitat will be negotiated between the project applicant and the RCA through a Determination of Biologically Equivalent or Superior Preservation (DBESP)and/or a Habitat Assessment and Negotiation Strategy(HANS)application. Mitigation Measure MM-BIO-4; The specific MSHCP conservation objectives for fairy shrimp shall be met through implementation of the Riparian/Riverine Areas and Vernal Pools Policy presented in Section 6.1.2 of the MSHCP. Prior to City approval of an individual development project located outside of land designated as Developed/Disturbed on Figure 3.3-1, an assessment of the construction footprint shall be conducted to determine whether suitable wetlands or seasonally inundated habitats (vernal pools, stock ponds,ephemeral ponds, impoundments, road ruts,or other human- modified depressions)currently exist within the construction footprint. Wetland mapping assembled as part of that policy shall be reviewed as part of the project review process and, if suitable fairy shrimp habitat is identified on the wetland maps and cannot be avoided, a single-season dry or wet season survey for fairy shrimp species shall be conducted by a qualified biologist in accordance with the sampling methods described in the 1996 USFWS Interim Survey Guidelines to Permittees for Recovery Permits under A-1D Section I0(a)(1)(A)of the Endangered Species Act for the Listed Vernal Pool Branchiopods. If survey results are positive,a certain percentage of the occupied portions of the property that provide for long-term conservation value for the fairy shrimp shall be conserved. The MSHCP provides general guidance which suggests ninety percent of the occupied portions of the site shall be conserved and ten percent of the occupied portions allowed for development under the MSHCP; however,the required conservation/impact ratio shall be determined by the RCA on a project-by-project basis. If listed branchiopods are detected, then the following restrictions and protection will be implemented to avoid or minimize impacts to the resource during construction: Seasonal Vernal Pool Work Restriction. For seasonal avoidance of special-status vernal pool branchiopods and vernal pool-dependent species (e.g., western spadefoot toad), the contractor will not work within 250 feet of aquatic habitats suitable for these species(e.g., vernal pools and other seasonal wetlands) from October 15 to June I (corresponding to the rainy season), or as determined through informal or formal consultation with the RCA Monitoring Program Administrator and/or USAGE. Ground-disturbing activities may begin once the habitat is no longer inundated for the season. If any work remains to be completed after October 15 exclusion fencing and erosion control measures will be placed at the vernal pools(or other seasonal wetlands) by the contractor under supervision of a biologist. The fencing will act as a buffer between ground-disturbing activities and the vernal pools and other seasonal wetlands as determined through consultations with the RCA Monitoring Program Administrator, and/or USACE. The biologist will document compliance with the fencing requirement through a memorandum submitted to the RCA Monitoring Program Administrator. Implement and Monitor Vernal Pool Protection. If temporary impacts can be avoided, the vernal pool(s)will be protected by erecting exclusion fencing. The contractor, under the supervision of the project biologist, will erect and maintain the exclusion fencing. Resource agency consultations with the RCA Monitoring Program Administrator and/or USACE will occur as needed. If vernal pools and/or listed branchiopods are detected,and an avoidance alternative is not feasible,then the following measures shall be implemented: Determination of Biolo.Zically Equivalent or Superior Preservation (DBESP) In accordance with Section 6.1.2 of the MSHCP, a DBESP shall be prepared as part of an individual development project approval by the City to ensure replacement of any lost functions and values of habitat as it relates to vernal pools and listed branchiopods. The DBESP shall contain a mitigation strategy, subject to the approval of the RCA, which may contain on-site habitat creation and conservation, or off-site A-11 land acquisition in an approved mitigation bank for vernal pools and listed branchiopods; each is described below. On-site Habitat Creation. Should an avoidance alternative not be feasible,vernal pool basins and watershed shall be created on-site at a replacement ratio of 1:1, subject to the approval of the RCA. If on-site restoration is infeasible, an appropriate off-site location will be selected that exhibits the appropriate vernal pool soil conditions. The required off-site replacement ratio shall be determined by the RCA based on the specifics of the project. Vernal pool restoration sites shall be conserved in perpetuity through a conservation casement, 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. Mitigation Measure MM-13I0-5: Prior to any ground-disturbing activities associated with individual development projects, a biologist shall conduct a visual and acoustic survey for roosting bats according to accepted protocol. The biologist will contact the RCA Monitoring Program Administrator and/or 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 individual or groups of bats are found within the construction footprint, the bats shall be safely excluded by either opening the roosting area to change lighting and airflow conditions, or by installing one-way doors, or other appropriate methods specified by the RCA Monitoring Program Administrator and/or CDFW.The contractor will leave the roost undisturbed by project-related activities for a minimum of one week after implementing exclusion and/or eviction activities. The contractor will not implement exclusion measures to evict bats from established maternity roosts.The biologist will submit a memorandum documenting compliance to the RCA Monitoring Program Administrator. b) Facts in Support of Findings Although, implementation of the proposed Project could result in impacts to special status species as discussed above, implementation of Mitigation Measures MM-BIO-1 A-12 through MM-13I0-5 which require pre-construction and construction biological surveys, measures to protect species and habitat if they are encountered,and compliance with the MSHCP, potential impacts to special status species, sensitive species, or candidate species would be minimized to a less than significant level. 2. Impacts to Critical Habitat, Sensitive Vegetation Communities, and Jurisdictional Waters including Wetlands and Riparian Habitat The proposed Project has the potential to impact critical habitat and sensitive vegetation communities within the Jefferson Specific Plan area. a) Findings Changes or alterations have been required in, or incorporated into the Project, including the mitigation measures described below,to ensure that the Project's potential impacts to critical habitat and sensitive vegetation communities remain less than significant. Mitigation: Implement Mitigation Measures MM-1310-1 and MM-BIO-4. b) Facts in Support of Findings Implementation of the Project could result in impacts to vernal pool resources in undeveloped portions of the Project area or could affect areas of wetland habitat that exist within the Project boundaries. However, implementation of Mitigation Measures MM- BIO-1 and MM-13I04 which require biological surveys and MSHCP vernal pool protection implementation measures would minimize potential impacts to a less than significant level. D. Cultural Resources(Archaeological and Paleontological) 1. Impacts to Archaeological Resources The proposed Project has the potential to impact archaeological resources located within the Uptown Jefferson Specific Plan area.The records search indicated that a total of nine archaeological resources are located within one mile of the Project area. Three(CA-RIV-644, -717, and -I 727H)are located within the Project area.Two of these resources(CA-RIV-644 and-717) are prehistoric archaeological sites, and one(CA-RIV-1727H) is a historic-period archaeological site.None have been evaluated for their eligibility for listing in the California Register or local historic register.Therefore,the Project area has moderate to high potential for significant impacts to archaeological resources. a) Findings A-13 Changes or alterations have been required in, or incorporated into the Project, including the mitigation measure described below,to ensure that the Project's potential impacts to archaeological resources remain less than significant. Mitigation Measure MM-CUL-l: 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 Luiserho Indians.The cultural resources inventory would consist of: a cultural resources records search to be conducted at the Eastern Information Center; scoping with the Native American Heritage Commission(NAHC)and with interested Native Americans identified by the NAHC; a pedestrian archaeological survey where deemed appropriate by the archaeologist;and recordation of all identified archaeological resources on California Department of Parks and Recreation 523 forms. If potentially significant cultural resources are encountered during the survey,the City shall require that the resources are evaluated for their eligibility for listing in the California Register of Historical Resources and for significance as a historical resource or unique archaeological resource per CEQA Guidelines Section 15064.5. Recommendations shall be made for treatment of these resources if found to be significant, in consultation with the City and the Pechanga Band of Luiseno Indians. Per CEQA Guidelines Section 15126.4(b)(3), project redesign and preservation in place shall be the preferred means of mitigation to avoid impacts to significant cultural resources, including prehistoric and historic archaeological sites, locations of importance to Native Americans, human remains, historical buildings, structures and landscapes. Methods of avoidance may include, but shall not be limited to, project re-route or re-design, project cancellation, or identification of protection measures such as capping or fencing. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C), if it is demonstrated that resources cannot be avoided, the qualified archaeologist shall develop additional treatment measures,which may include data recovery or other appropriate measures, in consultation with the City and the Pechanga Band of Luiseflo Indians. The City shall conduct consultation with the Pechanga Band of Luiseno Indians on a project-specific basis. In addition,the project proponent shall retain archaeological monitors and Native American monitors from the Pechanga Band of Luiseno Indians during ground- disturbing activities that have the potential to impact significant cultural resources as determined by a qualified archaeologist in consultation with the City. During project-level construction, should prehistoric or historic subsurface cultural resources be discovered,all activity in the vicinity of the find shall stop and a qualified archaeologist, in consultation with the Pechanga Band of Luiseno Indians, will be contacted to assess the significance of the find according to CEQA Guidelines Section A-14 15064.5. If any find is determined to be significant,the archaeologist shall determine, in consultation with the City and the Pechanga Band of Luiseno Indians, appropriate avoidance measures or other appropriate mitigation. Per CEQA Guidelines Section 15126.4(b)(3), project redesign and preservation in place shall be the preferred means to avoid impacts to significant cultural resources. Methods of avoidance may include, but shall not be limited to, project re-route or re-design, project cancellation, or identification of protection measures such as capping or fencing. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C), if it is demonstrated that resources cannot be avoided,the qualified archaeologist shall develop additional treatment measures in consultation with the City, which may include data recovery or other appropriate measures, in consultation with the Pechanga Band of Luiseno Indians. All significant cultural materials recovered will be, as necessary and at the discretion of the consulting archaeologist and in consultation with the Pechanga Band of Luiseno Indians, and any other local Native American groups expressing interest, subject to scientific analysis, professional museum curation, and documentation according to current professional standards. Mitigation Measure MM-CUL-2: Project-level development involving ground disturbance and containing structures 50 years old or older shall be subject to a historic built environment survey, and potentially historic structures shall be evaluated for their potential historic significance, prior to the City's approval of project plans. The survey shall be carried out by a qualified historian or architectural historian meeting the Secretary of the Interior's Standards for Architectural History. Consultation with the Pechanga Band of Luiseno Indians shall also occur during the evaluation. If potentially significant resources are encountered during the survey, demolition or substantial alteration of such resources identified shall be avoided. If avoidance of identified historic resources is deemed infeasible,the City shall require the preparation of a treatment plan to include, but not limited to, photo-documentation and public interpretation of the resource.The plan will be submitted to the City for review and approval prior to implementation. b) Facts in Support of Findings Future development under the Project could significantly impact archaeological sites and/or sites of traditional cultural value to tribes; and structures 50 years old or older. Development occurring under the Project has the potential to result in significant impacts to these resources. However, implementation of Mitigation Measure MM-CUL-1 requires consultation with the Pechanga Band of Luiseno Indians, a qualified archeologist to be on-site during ground disturbance activities, and identifies protections measures to be implemented in the event resources are discovered. Also, Mitigation Measure MM-CUL- 2 requires a historic build environment survey prior to City approval of any development plans.These mitigation measures would minimize impacts to a less than significant level. A-15 2. Paleontological Resources The proposed Project is underlain by the Pauba Formation and younger and older Quaternary Alluvium. The Pauba Formation and older Quaternary Alluvium have high paleontological sensitivity and therefore the potential to cause a significant impact on paleontological resources. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measure described below, to ensure that the Project's potential impacts to paleontological resources remain less than significant. Mitigation Measure MM-CUL-3: For project-level development involving ground disturbance, a qualified paleontologist shall be retained to determine the necessity of conducting a study of the project area(s) based on the potential sensitivity of the project site for paleontological resources. If deemed necessary,the paleontologist shall conduct a paleontological resources inventory designed to identify potentially significant resources. The paleontological resources inventory would consist of: a paleontological resources records search to be conducted at the San Bernardino County Museum and/or other appropriate facilities; a field survey where deemed appropriate by the paleontologist; and recordation of all identified paleontological resources. The paleontologist shall provide recommendations regarding additional work for the project. impacts to significant paleontological resources, if identified,shall be avoided. In addition, the project proponent shall retain paleontological monitors during construction for ground-disturbing activities that have the potential to impact significant paleontological resources as determined by a qualified paleontologist. In the event that paleontological resources are discovered, the project proponent will notify a qualified paleontologist.The paleontologist will document the discovery as needed, evaluate the potential resource, and assess the significance of the find under the criteria set forth in CEQA Guidelines Section 15064.5. If fossil or fossil bearing deposits are discovered during construction, excavations within 50 feet of the find will be temporarily halted or diverted until the discovery is examined by a qualified paleontologist, in accordance with Society of Vertebrate Paleontology standards.The paleontologist will notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If avoidance is determined to be infeasible, the qualified paleontologist shall implement a paleontological mitigation program. At each fossil locality, field data forms shall be used to record pertinent geologic data, stratigraphic sections shall be measured,appropriate sediment samples shall be collected and submitted for analysis, and any other activities necessary for the timely and professional documentation and removal of fossils. Any fossils encountered and recovered shall be prepared to the point of identification, A-16 catalogued, and donated to a public, non-profit institution with a research interest in the materials. Accompanying notes, maps, and photographs shall also be filed at the repository. b) Facts in Support of Findings The potential exists for significant paleontological resources to be located beneath the ground surface in the Project area. Construction activities could result in the inadvertent discovery and damage of these paleontological resources, which would be a significant impact. However, Temecula's General Plan (implementation measure OS-26) requires that a paleontologist be retained to observe grading activities in areas where the probable presence of paleontological resources is identified. Implementation of Mitigation Measure MM-CUL-3 will ensure any potential impacts to paleontological resources are minimized to be less than significant. 3. Impacts to unidentified Human Remains The proposed Project has the potential to cause an impact to human remains in the event human remains are discovered. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below,to ensure that the Project's potential impacts unidentified human remains remain less than significant. Mitigation Measure MM-CUL-4: Project-level development involving ground disturbance within the Project area shall address the potential discovery and proper treatment of human remains, which is always a potential in areas that have not been previously disturbed or only partially disturbed through prior development. The City shall require that if human remains are uncovered during project construction, work in the vicinity of the find shall cease and the Riverside County coroner shall be contacted to evaluate the remains, following the procedures and protocols set forth in Section 15064.5 (e)(1) of the CEQA Guidelines. If the County coroner determines that the remains are Native American, the coroner will contact the Native American Heritage Commission, in accordance with Health and Safety Code Section 7050.5, subdivision(c), and Public Resources Code 5097.98 (as amended by AB 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. b) Facts in Support of Findings The archaeological site record for site CA-RIV-644 has indicated that human remains near the site had been identified eroding out of the bank of a nearby creek, possibly Santa Gertrudis, and were recovered by public employees in the early 1970s (Humbert and • A-17 Hammond, 1973)and ground-disturbing construction conducted throughout the Project area that is associated with implementation of the Project could result in damage to previously unidentified human remains. However,this impact would be minimized to less than significant by implementation of Mitigation Measure MM-CUL-4. 4. Cumulative Impacts to Cultural Resources The Project could cause cumulative impacts to cultural resources including archaeological resources, fossils and human remains. a) Findings Changes or alterations have been required in or incorporated into the Project. including the mitigation measures described below to ensure that the Project's cumulative impacts to cultural resources remain less than significant. Mitigation: Implement Mitigation Measures MM-CUL-1, MM-CUL-2, MM-CUL-3 and MM-CUL-4. b) Facts in Support of Findings The analysis in the Program EIR includes several mitigation measures to reduce potential Project impacts to cultural resources during construction of the Project. Should other projects in the cumulative scenario not implement similar measures,the cumulative scenario could result in a significant cumulative impact; however, the Project,with mitigation, would not contribute to the cumulative impact. Therefore,with implementation of Mitigation Measures MM-CUL-1, MM-CUL-2 and MM-CUL-4,the Project's contribution to cumulative impacts on cultural resources would not be cumulatively considerable. Excavation activities associated with the Project in conjunction with other projects in the area could contribute to the progressive loss of fossil remains, as-yet unrecorded fossil sites, associated geological and geographic data,and fossil bearing strata. However, the Project would have a less than significant impact to paleontological resources with incorporation of Mitigation Measure MM-CUL-3. With the implementation of this measure, the Project's contribution to cumulative impacts on paleontological resources would not be cumulatively considerable. Should other projects in the cumulative scenario not implement similar measures, the cumulative scenario could result in a significant cumulative impact through progressive damage or loss of potentially significant fossils; however, the Project, with mitigation, would not have a considerable contribution to the cumulative impact. Furthermore, implementation of Mitigation Measure MM-CUL-4 would mitigate the Project's potential to disturb any human remains, including those interred outside of A-18 formal cemeteries, and the Project's contribution to cumulative impacts on human remains would not be cumulatively considerable. E. Geology, Soils and Seismicity 1. Impacts to soil erosion The Project has the potential to cause an impact on water quality or waste discharge upon construction and operation of developments within the project area. Construction could include grading and other earth moving activities exposing soils to erosion, which could lead to erosion and runoff. In addition,the incremental increase of development over the span of 20-30 years is likely to contribute to pollution such as motor oil or fertilizers being washed away during rainfall or when a street, walkway, or parkway surface is being cleaned. a) Findings Changes or alterations have been required in or incorporated into the Project including the mitigation measures described below,to ensure that the Project's potential impacts associated with soil erosion are less than significant. Mitigation: Implement Mitigation Measures MM-HYD-I and MM-HYD-2. b) Facts in Support of Findings Construction activities associated with future development could disturb soils that are protected by vegetation or expose soils covered by asphalt or concrete, resulting in soil erosion and loss of topsoil. As detailed in MM-HYD-1 and MM-HYD-2, individual development projects occurring during Project implementation would be required to implement the construction best management practices(BMPs), as detailed in the Storm Water Pollution Prevention Plan (SWPPP)as required by the Construction General Permit under the National Pollution Discharge Elimination System Program for sites greater than one acre and each individual development project would be required to prepare a Water Quality Management Plan (WQMP)as required by the City.These mitigation measures will reduce soil impacts to less than significant. F. Hazards and Hazardous Materials 1. Construction activities occurring under the Project may occur on sites containing contamination, which could result in releases of hazardous materials As noted in the Program EIR, a number of sites within the Specific Plan area have been impacted by petroleum hydrocarbons from leaking underground storage tanks or other chemical constituents such as solvents associated with dry cleaning operations that could expose individuals to hazardous conditions resulting from exposure of contaminated soils or A-19 groundwater. Exposure of residents to underground hazardous wastes is considered a potentially significant impact. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below,to ensure that the Project's potential impacts associated with hazards and hazardous materials are less than significant. Mitigation Measure MM-HAZ-1 a: For individual development projects within the Project area, the applicant shall retain a qualified environmental consulting firm to conduct a Phase I Environmental Site Assessment in accordance with ASTM standard E 1527-05 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-Ib: 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. b) Facts in Support of Findings Some of the listed sites in the Project area have been closed indicating that there is no longer any contamination at levels that could adversely affect human health or the environment. Investigations and remediation efforts are generally required by overseeing agencies such as the County's Hazardous Materials Program, RWQCB, and the DTSC, A-20 which establish cleanup levels according to existing or proposed uses. In general, soils contaminated from releases of petroleum hydrocarbons associated with underground storage tanks (USTs) are found in limited areas around the origin of release and do not migrate very far offsite. Further, implementation of Mitigation Measures MM-HAZ-Ia through MM-HAZ-Ic will reduce potential impacts related to hazardous materials to less than significant levels. G. Hydrology and Water Quality I. Violate any water quality standards or waste discharge requirements Construction of the Project would require demolition of existing structures, pavement breaking, ditching, and excavation; these activities could expose and loosen building materials and sediment, which has the potential to mix with storm water runoff and degrade surface water quality. Furthermore, construction would require the use of heavy equipment and construction-related chemicals, such as concrete, cement, asphalt, fuels, oils, antifreeze, transmission fluid, grease, solvents and paints.These potentially harmful materials could be accidentally spilled or improperly disposed of during construction and could wash into and pollute surface waters or groundwater, which would result in a significant impact to water quality. In addition,chemicals used during the operation of the new commercial and residential structures could potentially discharge into surface waters either directly or during storm water runoff events, resulting in degradation of surface water quality. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below,to ensure that the Project's potential impacts to water quality associated with construction and operation is reduced to less than significant. Mitigation Measure MM-HYD-1: Development construction that disturbs one acre or more individually shall comply with the NPDES Construction General Permit regulations in effect at the time so as not to violate any water quality standards or waste discharge requirements. Compliance with the Construction General Permit would include filing of a Notice of Intent with the SWRCB and the preparation of 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. A-21 Mitigation Measure MM-HYD-2: As a condition of approval, each future development project will be required to generate a project-specific Water Quality Management Plan (WQMP), as required by the City of Temecula Stormwater Ordinance and as specified in the City's Jurisdictional Runoff Management Plan,which will ensure that the project implements specific water quality features to meet the City's MS4 Permit and Stormwater Ordinance requirements. Potential BMPs required by the WQMP include non-structural, structural, source control and treatment control BMPs or a combination thereof. This WQMP shall be reviewed and approved by the City of Temecula prior to the issuance of a building or grading permit. b) Facts in Support of Findings Implementation of a SWPPP and water quality-related BMPs described in Mitigation Measure MM-HYD-1 and MM-HYD-2 would ensure that construction-related impacts on water quality, including potential harmful materials accidentally spilled or improperly disposed of during construction and could wash into and pollute surface waters or groundwater, would be less than significant. In addition, future developments will be required to generate a project-specific WQMP,which will reduce impacts to surface waters, either directly or during storm water runoff events, from the use of chemicals,to less than significant levels. 2. Impacts from Stormwater Runoff a) Findings Both construction and operation of the Project could result in impacts related to stormwater runoff. Construction of the proposed development within the Project area would require activities such as pavement breaking, ditching, and excavation, which could temporarily alter the existing site's ground surface and drainage patterns,which could result in significant impacts related to stormwater runoff. In addition, new development within the Project area and changes in the extent of permeable or impermeable surfaces would alter the direction and volume and rate of overland flows during both wet and dry periods and could result in increases in stormwater runoff. Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below, to ensure that the Project's potential impact associated with stormwater runoff is less than significant. Mitigation: Implement Mitigation Measure MM-HYD-1; and Mitigation Measure MM-HYD-3: As a condition of approval,each future development project will be required to generate a project-specific Drainage or Hydrology Study, as required by the City of Temecula Stormwater Ordinance and as specified in the City's A-22 Jurisdictional Runoff Management Plan, which will ensure that the project implements specific 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. b) Facts in Support of Findings Although construction and operation of the Project has the potential to have significant impacts associated with stormwater runoff, Mitigation Measures MM-HYD-I and MM- HYD-3 would reduce impacts to less than significant. As part of Mitigation Measure MM-HYD-I, compliance with the NPDES Construction General Permit for construction disturbing greater than an acre and compliance with the MS4 permit in effect at the time of construction for construction disturbing less than an acre would minimize temporary increases in stormwater runoff per the implementation of BMPs. In addition, adherence to requirements found in the MS4 permit in effect at the time of construction, as outlined in MM-HYD-3, would ensure no substantial increases in stormwater runoff occur during operation of the Project. Impacts would be less than significant with mitigation. 3. Drainage System Capacity Related to Construction and Operation. a) Findings Construction of the proposed development within the Project area would require activities such as pavement breaking, ditching, and excavation, which could temporarily alter the existing site's ground surface and drainage patterns,which could result in significant impacts related to stormwater runoff that exceed the capacity of the existing drainage system. In addition, new development within the Project area and changes in the extent of permeable or impermeable surfaces would alter the direction, volume and rate of overland flows during both wet and dry periods and could result in increases in stormwater runoff that exceed the capacity of the existing drainage. Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below,to ensure that the Project's potential impacts related to drainage system capacity are less than significant. Mitigation: Implement Mitigation Measure MM-HYD-1 and Mitigation Measure MM-HYD-3. b) Facts in Support of Findings As part of Mitigation Measure MM-HYD-1, compliance with the NPDES Construction General Permit for construction disturbing greater than an acre and compliance with the MS4 permit in effect at the time of construction for construction disturbing less than an A-23 acre would minimize temporary increases in stormwater runoff per the implementation of BMPs. As a result, construction activities would not result in runoff that would exceed the capacity of the adjacent existing drainage system capacity. In addition,as part of Mitigation Measure MM-HYD-3, each future development project will be required to generate a project-specific Drainage or Hydrology Study, as required by the City of Temecula Stormwater Ordinance and as specified in the City's Jurisdictional Runoff Management Plan. Adherence to requirements found in the MS4 permit in effect at the time of construction, as outlined in Mitigation Measure MM-HYD- 3, would ensure no substantial increases in stormwater runoff would occur such that the existing capacity of storm water drainage systems would not be exceeded. Impacts would be less than significant with mitigation. H. Noise and Vibration (operations) 1. Operational Noise New development within the Project area may introduce noise levels that could exceed the City's exterior noise standards at existing properties that are located adjacent to and/or near the new development sites. Specifically, new development within the Project area could expose nearby sensitive receptors to noise levels exceeding 5 dBA over ambient levels due to operation of heating, ventilating, and air conditioning(HVAC)equipment. a) Findings Changes or alterations have been required in or incorporated into the Project, including the following mitigation measures that reduce the potential noise impacts to sensitive receptors to less than significant. Mitigation Measure MM-N0I-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. Mitigation Measure MM-N0I-4a: Individual development projects shall minimize noise impacts from mechanical equipment, such as ventilation and air conditioning units, by locating equipment away from receptor areas, installing proper acoustical shielding for the equipment, and incorporating the use of parapets into building design to ensure that noise levels do not exceed the ambient noise level on the premises of existing development by more than five decibels. A-24 Mitigation Measure MM-NOI-4b: Prior to City approval of a residential development project within the Project area, the applicant shall provide documentation to the City that all exterior windows associated with a proposed residential development will be constructed to provide a sufficient amount of sound insulation to ensure that interior noise levels would be below an Ldp or CNEL of 45 dB in any habitable room. b) Facts in Support of Findings Under the Project, new land uses that would occur in the Project area include residential, commercial, office, and mixed-use developments. These new developments may introduce noise levels that could exceed the City's exterior noise standards at existing properties that are located adjacent to and/or near the new development sites. However, for project-specific development, the applicant shall provide evidence to the City that operational noise levels generated by the development would not exceed the City's permissible exterior noise standards and implement measures to reduce noise levels, per Mitigation Measure MM-NOl-3. In addition,to ensure that the nearby noise-sensitive uses to the Project site would not be adversely affected by any HVAC equipment noise, Mitigation Measure MM-NOl-4a would be implemented,which prohibits noise from HVAC equipment from exceeding the ambient noise level on the premises of other occupied properties by more than 5 dBA. In order to ensure that the future residents in the Project area would not be adversely affected by operational noise associated with mechanical equipment from adjacent properties, Mitigation Measure MM-NOI-4b would be implemented to ensure that all exterior windows associated with the proposed residential uses would be constructed such that sufficient sound insulation is provided to ensure that interior noise levels would be below a Ldn or CNEL of 45 dBA in any residential unit. 2. Noise/Land Use Compatibility With changes in the community noise environment in the Project area over the course of the Project's buildout period, the new development projects proposed in the Project area may not meet the applicable noise/land use compatibility noise standards established by the City. a) Findings Changes or alterations, including the mitigation measure described below, have been required in or incorporated into the Project that ensure land use compatibility impacts are reduced to less than significant. Mitigation Measure MM-NOI-5: Prior to City approval of a project-specific development within the Project area, the applicant shall provide evidence to the City that the City's noise/land use compatibility standards are met for the land use being developed. Measures that can be taken to ensure compliance with the City's noise/land A-25 use compatibility standards include, but are not limited to, the erection of noise walls, use of landscaping, use of window insulation (double-paned glazing), and/or, where applicable,the design of adequate setback distances. b) Facts in Support of Findings Implementation of Mitigation Measure MM-NOi-5 would require all future development associated with the Project to be considered on a case-by-case basis to ascertain whether an individual development would violate the City's noise/land use compatibility standards and, where necessary, implement measures to ensure compliance with the City's standards.Therefore,with implementation of this mitigation measure,this impact would be reduced to a less-than-significant level. I. Transportation and Traffic I. impacts on Circulation System from Existing(2013) Plus Project Traffic Conditions The Project would result in significant impacts at the following intersections under the Existing(2013) Plus Project Conditions: • Ynez Road & Winchester Road • Nicholas Road&Winchester Road a) Findings Changes or alterations, including the mitigation measure described below, have been required in or incorporated into the Project that reduce traffic impacts under the Existing (2013) Plus Project Conditions to less than significant. Mitigation Measure MM-TRA-1: The City shall monitor the performance of the intersections listed below on an on-going basis and ensure that signal timing optimization occurs at these intersections prior to or concurrent with Project-related development that would increase the AM peak-hour delay by more than two seconds. • Ynez Road & Winchester Road—AM peak hour(Project's fair-share contribution for this mitigation measure is 10 percent) • Nicholas Road& Winchester Road—AM peak hour(Project's fair-share contribution for this mitigation measure is 5 percent) Prior to the issuance of the initial building permit for each project-specific development within the Project area,the applicant shall pay its fair share, as determined by the City, toward the signal timing optimization for the intersections listed herein. A-26 b) Facts in Support of Findings After implementation of Mitigation Measure MM-TRA-I, the intersection at Ynez Road & Winchester Road would operate at an acceptable LOS D(delay=37.1 seconds).The intersection at Nicholas Road & Winchester Road would operate at LOS E with delay improved to 55.8 seconds (i.e., better than under existing conditions). Impacts would be less than significant. 2. Impacts on Circulation System under Future Year(2035)Plus Project Conditions. The Project would result in significant impacts at the following intersections under Future Year(2035) Plus Project conditions: • Jefferson Avenue at Cherry Street/Proposed French Valley Parkway—AM peak hour • Winchester Road at Murrieta Hot Springs Road—AM peak hour • Old Town Front Street and Temecula Parkway—AM peak hour a) Findings Changes or alterations, including the mitigation measure described below, have been required in or incorporated into the Project that reduce traffic impacts under the Future Year(2035) Plus Project Conditions to less than significant. Mitigation Measure MM-TRA-2: The City shall monitor the performance of the intersections listed below on an on-going basis and ensure that the following improvements occur at these intersections prior to or concurrent with Project-related development that would increase the AM peak-hour delay by more than two seconds. • At the intersection of Jefferson Avenue at Cherry Street/ Proposed French Valley Parkway, the westbound approach lane shall be re-configured from one left turn lane, two through lanes, and a shared through-right turn lane to two left turn lanes, one through lane and one shared lane(Project's fair-share contribution is 10 percent). • At the intersection of Winchester Road and Murrieta Hot Springs Road, add a right- turn overlap traffic signal phase to the southbound direction (Project's fair-share contribution is 5 percent). • At Old Town Front Street and Temecula Parkway, add an exclusive right-turn lane to the northbound direction (Project's fair-share contribution is 5 percent). A-27 b) Facts in Support of Findings Prior to the issuance of the initial building permit for each project-specific development within the Project area, the applicant shall pay its fair share,as determined by the City, toward the improvements for the intersections listed herein. In addition,after implementation of Mitigation Measure MM-TRA-2, operations during the AM peak hour at the intersection of Jefferson Avenue at Cherry Street/Proposed French Valley Parkway would improve to an acceptable LOS C (delay=31.4 seconds). The intersection at Winchester Road and Murrieta Hot Springs Road would continue to operate at an unacceptable LOS F during the AM peak hour; however, delay would improve to 92.6 seconds, which is better than pre-project conditions. Finally, AM peak hour operations at Old Town Front Street and Temecula Parkway would improve to LOS E(delay=61.7 seconds), which while an unacceptable service level, would be better than pre-project conditions.Therefore, impacts would be less than significant. J. Utilities and Water Supply Assessment 1. Water and Wastewater Treatment Facilities Expansion and Capacity Buildout of the Project would result in the need for larger diameter or parallel sewer lines for three lengths of sewer pipe within the Project area, and the need to increase the capacity of the Temecula Valley RWRF to handle an additional 0.8 mgd of wastewater flow; the construction of which could result in significant environmental effects. a) Findings Changes or alterations, including the mitigation measures described below, have been required in or incorporated into the Project that reduce impacts related to treatment facility expansion and capacity to less than significant. Mitigation Measure MM-UTL-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-1 b: Prior to the issuance of construction permits for a project-specific development within the Project area, the project applicant shall pay Eastern Municipal Water District's then in effect Financial Participation Charge associated with obtaining sewer service. b) Facts in Support of Findings The additional wastewater flow need for implementation of the Project would necessitate a future capacity expansion which would result in the construction of new wastewater A-28 treatment facilities or expansion of existing facilities, which would be significant impacts. However, payment of mitigation fees and other fees to the Eastern Municipal Water District as described in Mitigation Measures MM-UTL-1a and MM-UTL-Ib would reduce the potential impacts to less than significant. 2. Impacts to Stormwater Drainage Facilities Buildout of the Project would result in the need for the construction of new storm water drainage facilities or expansion of existing facilities; the construction of which could result in significant environmental effects. a) Findings Changes or alterations, including the mitigation measures described below,have been required in or incorporated into the Project that reduce impacts to stormwater drainage facilities to less than significant. Mitigation: Implement Mitigation Measure MM-HYD-2 and MM HYD-3 b) Facts in Support of Findings As a part of the WQMP implemented by Mitigation Measure MM-HYD-2,the Project would be required to incorporate low impact development(LID) best management practices (BMPs) into Project design, which include measures to reduce increases in runoff through hydromodification and infiltration protection. In addition,adherence to requirements found in the MS4 permit in effect at the time of construction, would ensure no substantial increases in on-site or off-site storm water runoff would occur and cause significant environmental effects. Lastly, Mitigation Measure MM-HYD-3 would minimize potential permanent increases in stormwater runoff during operation of the development. With the incorporation of Mitigation MM-HYD-2 and MM-HYD-3, impacts to stormwater drainage facilities will be less than significant. VI.Environmental Effects that Remain Significant and Unavoidable After Mitigation In the environmental areas of air quality, noise and cultural resources,there are instances where potential environmental impacts would remain significant and unavoidable, as discussed below. A. Air Quality(Construction and Operations) 1. Violation of Air Quality Standards—Construction Construction activities associated with implementation of the Project would violate air quality standards related to ROG and NOx emissions and would result in significant air quality impacts at the Program EIR level. A-29 a) Findings Specific economic, social,or other considerations make infeasible mitigation measures or project alternatives identified in the Program EIR. Changes or alterations have been required in, or incorporated into the Project that avoid or substantially lessen the potential significant environmental effect as identified in the Program EIR. Although the following Mitigation Measures will be implemented to lessen the short term air quality impacts, none were identified that could reduce the impacts to below the level of significance and therefore impacts still will remain potentially significant. Mitigation Measure MM-AIR-la: Future project-level development shall incorporate the following mitigation measures to minimize emissions of NOx associated with construction activities for the Project: • Construction activities shall require the use of 2010 and newer diesel haul trucks (e.g., material delivery trucks and soil import/export)to the extent feasible.2 Under conditions where it is determined that 2010 model year or newer diesel trucks are not readily available or obtainable for a project,the applicant shall be required to provide this evidence to the City and shall instead use trucks that meet USEPA 2007 model year NOx emissions requirements.3 • Off-road diesel-powered construction equipment greater than 50 horsepower(hp) shall meet USEPA Tier III off-road emissions standards. In addition,construction equipment shall be outfitted with BACT devices certified by CARB. A copy of each unit's certified tier specification, BACT documentation, and CARB or SCAQMD operating permit shall be provided at the time of mobilization of each applicable unit of equipment. Under conditions where a newer or alternative technology becomes available in the future that would result in either equivalent or larger reductions in NOx emissions than the use of tiered construction equipment, that technology shall be applied. Where alternatives to USEPA Tier III equipment are chosen for a project, the applicant shall be required to show evidence to the City that comparable NOx emissions reductions that are no less than what could be achieved by a Level 3 diesel - CARB's On-Road Heavy-Duty Diesel Vehicle(In-Use)Regulation requires the phase-in of 2010 model year engines or equivalent by January 1,2023. Under this regulation.PM and NON emissions are projected to be reduced by approximately 3 tons per day and 88 tons per day, respectively, in 2023. Whereas trucks that meet 2007 model year NOx emissions requirements are estimated to reduce NOx emissions by at least 40 percent in engines that are certified to the 2004 through 2006 model year heavy-duty diesel engine emissions standard, trucks that meet 2010 model year NOx emissions requirements are estimated to reduce NOx emissions by at least 85 percent in engines that are certified to the 2004 through 2006 model year heavy-duty diesel engine emissions standard. As the 2010 model year engines or equivalent would be gradually phased in over time in California.these engines may not always be readily available f6r the construction activities associated with the Project.As such, under these circumstances the USEPA 2007 model year NOx emissions standards,which were scheduled to be phased-in for heavy-duty highway engines between 2007 and 2010,would be used instead. A-30 emissions control strategy for a similarly sized engine as defined by CARB regulations would be achieved. • After January 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 GARB. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations. A copy of each unit's certified tier specification, BACT documentation,and CARB or SCAQMD operating permit shall be provided at the time of mobilization of each applicable unit of equipment. Mitigation Measure MM-AIR-Ib: 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-Ic: Future project-level development shall document project construction emissions prior to City approval of a project. If it is shown that a development would generate construction-related VOC emissions exceeding SCAQMD's threshold, the architectural coatings phase for that project shall use coatings and solvents with a VOC content lower than that required under SCAQMD Rule 1 1 13. Mitigation Measure MM-AIR-Id: The City shall encourage all construction contractors to apply for SCAQMD"SOON" funds,which provides funds to accelerate clean-up of off-road diesel vehicles such as heavy-duty construction equipment. b) Facts in Support of Findings The Program EIR analysis of the Project determined that under an estimated worst-case construction scenario, implementation of the Project would result in significant air quality impacts associated with ROG and NOx emissions. Additionally, under potential conditions where one or more of the construction phases shown in EIR Table 3.2-5 overlap, these pollutant emissions could be even higher. While implementation of A-31 Mitigation Measures MM-AIR-la through MM-AIR-Id would reduce the emissions of ROG and NOx that are analyzed for the worst-case construction scenario evaluated in the Program EIR,these emissions would not be reduced to below SCAQMD's thresholds for the two respective criteria pollutants.Therefore, for the analysis of the Project's worst- case scenario, impacts from construction ROG and NOx emissions would be significant and unavoidable. 2. Violation of Air Quality Standards—Operations Operational activities associated with implementation of the Project would violate air quality standards related to ROG emissions and would result in significant air quality impacts at this program level. a) Findings As the regulation of ROG emissions from consumer products is beyond the City's control, no feasible mitigation is currently available to reduce the amount of ROG emissions generated under the Project to the extent that these emissions would FeEnRin below be above the SCAQMD's recommended threshold; thus,this impact remains significant and unavoidable. b) Facts in Support of Findings When the operational ROG emissions of the Project are compared to that of the existing land uses,the primary emissions source contributing to the net increase in ROG emissions is associated with area sources, which include emissions generated from architectural coatings(reapplication of coatings on structures over time), consumer products, natural gas fireplaces/stoves, and landscaping. Amongst these area sources, the majority (75 percent)of the estimated ROG emissions generated by the Project were associated with the use of consumer products by the new residents in the Project area.a The estimated net daily emissions of ROG during operation of the new land uses associated with the Project would exceed the SCAQMD's regional significance threshold. As the regulation of ROG emissions from consumer products is beyond the City's control,no feasible mitigation is currently available to reduce the amount of ROG emissions generated under the Project to the extent that these emissions would be above the SCAQMD's recommended threshold. Thus,this impact would be significant and unavoidable. 3. Cumulative Impacts to Air Quality 3 Consumer products are defined in CalEEMod to be chemically formulated products used by household consumers that include, bort is not limited to.detergents; cleaning compounds; polishes; floor finishes;cosmetics; personal care products;home, lawn, and garden products; disinfectants;sanitizers;aerosol paints;and automotive specialty products. A-32 As the Basin is currently classified as a state non-attainment area for ozone,NO2, PM 10, and PM2 5, cumulative development consisting of the Project along with other reasonably foreseeable future projects in the Basin as a whole could violate an air quality standard or contribute to an existing or projected air quality violation. This is considered to be a significant cumulative impact. With respect to the Project's contribution to this cumulative impact, according to the SCAQMD, individual construction projects that exceed the SCAQMD recommended daily thresholds for project-specific impacts would cause a cumulatively considerable increase in emissions for those pollutants for which the Basin is in non-attainment under an applicable federal or state ambient air quality standard. As the Project's construction-related ROG and NOx emissions (both of which are ozone precursors) and operational ROG emissions would exceed the SCAQMD's recommended daily thresholds,the Project would contribute to a cumulative air quality impact with respect to ozone and NO,.5 Findings Changes or alterations have been required in or incorporated into the Project that avoid or substantially lessen the potential significant environmental effects as identified in the Program EIR. The following Mitigation Measures listed below will be implemented to lessen construction and long term operational air quality impacts; however, no mitigation measures were identified that could reduce the impacts to below the level of significance, and therefore impacts will remain potentially significant. Mitigation Measures: Implementation of Mitigation Measures MM-AIR-1 a and MM- AIR-]b from Section 3.2, Air Quality, would reduce construction emissions of ROG and NOx associated with the worst-case construction scenario analyzed for the Project; however, not to below a level of significance. a) Facts in Support of Findings The Program EIR shows that the worst-case daily construction emissions associated with the Project would exceed the SCAQMD's construction thresholds for ROG and NOx (ozone precursors). Therefore, the Project would exceed SCAQMD's respective thresholds during construction for pollutants for which the Basin is in non-attainment (i.e., ozone and NO2). The Project's pollutant emissions would, in conjunction with other past,current, and probable future projects, be cumulatively considerable and cumulative impacts would be significant and unavoidable. s It should be noted that because the Basin in currently a non-attainment area for ozone and NOz, and both ROG and NOx emissions are ozone precursors(i.e.,ozone is created by sunlight acting on ROG and NOx in the air),the exceedance of SCAQMD's recommended daily thresholds for these pollutants by the Project would result in a significant contribution to cumulative air duality impacts. A-33 With respect to Project operations, with the exception of ROG emissions. the total net operational emissions associated with the Project would not exceed the SCAQMD's thresholds for NOx,CO, SOx, PM 101, and PM2.5. With respect to the Project's operational emissions ofNOx, CO, SOx, PM 10, and PM2.5,these pollutant emissions would not be cumulatively considerable and cumulative impacts would be less than significant. However,as the net operational ROG emissions associated with the Project would exceed the SCAQMD's operational threshold,the Project's ROG emissions, which are ozone precursors, would be cumulatively considerable and cumulative impacts would be significant and unavoidable. B. Cultural Resources 1. Direct Impacts to Cultural Resources(Historic) Construction activities associated with implementation of the Project could cause a substantial adverse change in the significance of a historic resource as defined in CEQA Guidelines Section 15064.5, including the Gonzalez Adobe and other structures that are 50 years or older. a) Findings Changes or alterations have been required in or incorporated into the Project that avoid or substantially lessen the potential significant environmental effects as identified in the Program EIR. The following Mitigation Measure will be implemented to lessen impacts to historic resources; however, no mitigation measures were identified that could reduce the impacts to the built historic features below the level of significance,and therefore impacts to these resources will remain potentially significant. Mitigation Measure MM-CUL-2: Project-level development involving ground disturbance and containing structures 50 years old or older shall be subject to a historic built environment survey, and potentially historic structures shall be evaluated for their potential historic significance, prior to the City's approval of project plans. The survey shall be carried out by a qualified historian or architectural historian meeting the Secretary of the Interior's Standards for Architectural History. If potentially significant resources are encountered during the survey, demolition or substantial alteration of such resources identified shall be avoided. If avoidance of identified historic resources is deemed infeasible, the City shall require the preparation of a treatment plan to include, but not limited to, photo-documentation and public interpretation of the resource.The plan will be submitted to the City for review and approval prior to implementation. b) Facts in Support of Findings Surveys of structures 50 years of age or older have not been done and the details of any treatment plan are unknown;therefore, it is possible that the treatment plan may be A-34 insufficient to reduce the impacts of the loss of a historic resource to a less-than- significant level. As such,the impact would remain significant and unavoidable after implementation of MM-CUL-2, at a program EIR level analysis. 2. Cumulative Impacts to Cultural Resources (Historic) Cumulative impacts to cultural resources in this area could occur if any other existing or proposed projects, in conjunction with the Project, had or would have impacts on cultural resources that, when considered together, would be cumulatively significant. a) Findings Changes or alterations have been required in or incorporated into the Project that avoid or substantially lessen the potential significant environmental effects as identified in the Program EiR. The following Mitigation Measure listed below will be implemented to lessen cumulative impacts to historic resources; however, no mitigation measures were identified that could reduce the impacts to built historic features to below the level of significance, and therefore cumulative impacts to these resources will remain potentially significant. Mitigation Measures: MM-CUL-2. b) Facts in Support of Findings The potential construction impacts of the Project, in combination with other projects in the area, could contribute to a cumulatively significant impact on built historical resources. Mitigation Measure MM-CUL-2 has been developed in order to reduce impacts to built historic resources. However, MM-CUL-2 may not reduce the impacts of the loss of a historic resource to a less-than-significant level and this impact would remain significant and unavoidable. Therefore, the Project's cumulative effects to historic built resources, in conjunction with other past, current,and probable future projects, would be cumulatively considerable and cumulative impacts would be significant and unavoidable. C. Noise and Vibration (Construction) 1. Construction Noise Construction activities occurring at each individual development site in the Project area would potentially expose their respective adjacent or nearby receptor(s)to substantial increases in ambient noise levels. A-35 a) Findings Mitigation measures were evaluated for their ability to eliminate the potential significant increases in noise impacts upon adjacent or nearby receptor(s). The following mitigation measures will be implemented to lessen noise impacts; however, no mitigation measures were identified that could reduce noise impacts to sensitive receptors to below the level of significance. Mitigation Measure MM-NOI-la: Prior to the issuance any grading or building permits for project-specific development, the applicant shall provide evidence to the City that the development will not exceed the City's exterior noise standards for construction(see Table 3.10-5). If it is determined that City noise standards for construction activities would be exceeded,the applicant shall submit a construction-related exception request to the City Manager at least one week in advance of the project's scheduled construction activities, along with the appropriate inspection fee(s), to ensure that the project's construction noise levels would be granted an exception from the noise standards set forth in Section 9.20.040 of the City of Temecula Municipal Code. If a construction- related exception request is denied by the City, design measures shall be taken to reduce the construction noise levels to the maximum extent feasible to achieve compliance with the City's construction noise standards.These measures may include, but are not limited to,the erection of noise barriers/curtains, use of advanced or state-of-the-art mufflers on construction equipment, and/or reduction in the amount of equipment that would operate concurrently at the development site. Mitigation Measure MM-NOI-Ib: 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 tools,shall be used whenever feasible. A-36 • Locate stationary construction noise sources away from adjacent receptors and muffled and enclosed within temporary sheds, incorporate insulation barriers,or other measures to the extent feasible. • Ensure that all construction truck traffic is restricted to routes approved by the City of Temecula, which shall avoid residential areas and other sensitive receptors,to the extent feasible. • Designate a construction relations officer to serve as a liaison with surrounding residents and property owners who is responsible for responding to address any concerns regarding construction noise and vibration.The liaison's telephone number(s) shall be prominently displayed at construction locations. • Hold a preconstruction meeting with the City's job inspectors and the general contractor or onsite project manager to confirm that noise and vibration mitigation and practices(including construction hours, sound buffers, neighborhood notification, posted signs,etc.)are implemented. b) Facts in Support of Findings As described in the Program EIR, it is anticipated that the City, through the environmental review process, will consider all future developments associated with the Project on a case-by-case basis to ascertain whether an individual development would generate a substantial temporary or periodic increase in ambient noise levels on its surrounding off-site uses. However, for the purposes of this EIR, it is assumed that there would likely be future developments associated with the Project that would be located in close enough proximity to existing land uses such that the construction noise levels generated would result in a substantial temporary increase in ambient noise levels at those existing land uses. As such, Mitigation Measure MM-NOi-1 b which would require the implementation of noise reduction devices and techniques during construction activities for the new developments occurring under the Project would be implemented to reduce the construction-related noise levels at nearby receptors to the maximum extent feasible.Nonetheless, under circumstances where future construction sites within the Project area are located immediately adjacent to existing land uses,the noise impacts related to a substantial temporary or periodic increase in ambient noise levels above levels existing without the proposed project would remain significant. Although mitigation measures would reduce the Project's construction noise levels to the maximum extent feasible, it is anticipated that the nearest existing land uses to each of the proposed developments in the Project area would continue to experience a substantial temporary or periodic increase in ambient noise levels during construction activities.Therefore, the Project's construction noise would be a temporary significant and unavoidable impact on the nearby existing land uses. 2. Construction Vibration A-37 Construction activities occurring at each individual development site in the Project area would potentially expose their respective onsite and/or offsite sensitive land uses to vibration levels that exceed applicable FTA vibration thresholds for building damage and human annoyance. c) Findings Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Program EIR. Although mitigation measures were evaluated for their ability to eliminate the potential to expose sensitive receptors onsite and/or offsite to substantial vibration levels that exceed applicable FTA vibration thresholds for building damage and human annoyance, none were identified that could reduce the impacts to below the level of significance. Mitigation Measure MM-NOI-2a: The operation of construction equipment that generates high levels of vibration, such as large bulldozers, loaded trucks, and caisson drills, shall be prohibited within 45 feet of residential structures and 35 feet of institutional structures during construction of any project-specific development in the Project area to the extent feasible. Small, rubber-tired construction equipment shall be used within this area during demolition and/or grading operations to reduce vibration effects,where feasible. Mitigation Measure MM-NOT-2b: Operation of jackhammers shall be prohibited within 25 feet of existing residential structures and 20 feet of institutional structures during construction activities associated with any project-specific development in the Project area,to the extent feasible. d) Facts in Support of Findings As individual development projects would be spread over the Project's buildout period and construction events are short-term in nature, it is anticipated that there would be an infrequent amount of vibration events per day at sensitive land use receptors resulting from the construction of individual development projects. However, depending on how close an actual receptor location is to a construction site, and the type of building the receptor is(e.g., non-engineered timber and masonry building, historical building,etc.), the vibration levels at a receptor location could exceed the FTA's vibration thresholds for building damage and human annoyance(refer to the "Thresholds of Significance"section of the EIR for the applicable FTA vibration thresholds). As such, vibration impacts during construction associated with the Project could be potentially significant. Implementation of Mitigation Measures MM-NOI-2a and MM-NOI-2b would reduce these impacts; however, not to below a level of significance. A-38 VII. Project Alternatives A. Alternatives Considered But Rejected in the Program EIR An EIR must briefly describe the rationale for selection and rejection of alternatives. The Lead Agency may make an initial determination as to which alternatives are potentially feasible and, therefore, merit in-depth consideration, and which are clearly infeasible. Alternatives that are remote or speculative, or the effects of which cannot be reasonably predicted, need not be considered(CEQA Guidelines, Section 15126.6(f)(3)). An alternative site or location for the project need not be considered when its implementation is "remote and speculative"such as the site being out of the purview of the lead agency or beyond the control of a project applicant. Alternative sites were not selected for evaluation. The CEQA Guidelines Section 15126.6(f)(2) specifies that the key question with alternative sites is"whether any of the significant effects of the project would be avoided or substantially lessened by putting the project at another location."The Project would involve adoption of a Specific Plan with the intent of revitalizing this particular location in the City and taking advantage of its attributes, including the opportunity to create a high-density urban environment and its proximity to major transportation routes.Therefore, it would not be feasible to consider other site locations for this Project.The Program EIR analyzed three other project alternatives. These three alternatives were considered but ultimately found not to meet the project's objectives as for the various reasons stated below. B. Alternatives Considered in the Program EIR [. Alternative One—No Project/Existing General Plan a) Summary of Alternative This alternative is analyzed within this program-level EIR as it is required under CEQA Guidelines Section 15126.6(e). According to Section 15126.6(e)(2)of the CEQA Guidelines,the"no project"analysis shall discuss,"...what is reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services." When the project is the revision of an existing land use policy, CEQA Guidelines §15126.6(e)(3)(A) states that"the No Project Alternative will be the continuation of the existing plan...into the future." So, for the purposes of this EIR, the No Project Alternative represents development under the currently adopted General Plan as further described below. This alternative, however, does not represent a"no build"scenario in which no future development or redevelopment would occur. The No Project./Existing General Plan Alternative assumes that the Uptown Jefferson Specific Plan would not be adopted and implemented. Instead, the planning area would be developed according to the existing 2005 General Plan land use map, zoning,and A-39 development patterns. With buildout of the existing General Plan,total development in the Project area would amount to approximately 4.7 million square feet, representing an increase of approximately 933,708 square feet over existing conditions, including approximately 1,043,479 square feet of Community Commercial uses; 711,944 square feet of Highway Tourist Commercial uses; 1,773,719 square feet of Service Commercial uses; 1,192,150 square feet of Industrial Park uses; and 12,414 square feet of Public Institutional uses. b) Reasons for Rejecting Alternative The No Project/Existing General Plan Alternative would result in greater impacts to greenhouse gas emissions, land use, noise,and traffic impacts than the proposed project due to the number of vehicle trips associated with the substantial development allowed under the No Project/General Plan Alternative. In addition, this Alternative would not emphasize the mixed use development promoted by the proposed Project, and therefore would not reduce dependence on vehicles. Finally, this Alternative would not meet the project's primary objective of updating the existing Uptown Jefferson Specific Plan. For all of these reasons, the City Council rejects this alternative as infeasible. 2. Alternative Two—Reduced Project Alternative a) Summary of Alternative Under this alternative, the total development would be reduced by 25 percent,which would result in a buildout of approximately 1.3 million square feet of commercial uses (as opposed to the 1.7 million square feet that would occur under the Project), approximately 2,795 dwelling units, and 236 hotel rooms.This alternative would include the same proposed Districts, including Uptown Center District, Uptown Hotel/Tourism District, Uptown Sports District, Uptown Arts District(with the Wilder Hills-Residential Overlay), Creekside Village District(with the Creekside Village-Commercial Overlay), and Murrieta Creek Recreation and Open Space District. Under this alternative, these districts would contain the same provisions related to density and building heights. b) Reasons for Rejecting Alternative As a result of the reduced amount of development under Alternative 2, there would be fewer trips generated per day and thus a reduction in several impacts such as noise,air quality, and traffic impacts within the Specific Plan area. In addition, since the overall development would be reduced,there would be reduced impacts to aesthetics, population and housing, public services, as well as utilities and water supplies. Alternative 2 would achieve the proposed project objectives by creating a vibrant locale by providing a mix of land uses including housing, corn mere ial/retail, office, higher education institutions, hotels and other tourist-oriented uses,cultural uses, and open space and recreational opportunities; strengthening opportunities for economic development in the Specific Plan A-40 area by building upon existing assets as well as encouraging new public and private investment in the area that attracts high-wage, quality employment opportunities and higher education facilities; establishing a distinct identity for the Specific Plan area by beautifying Jefferson Avenue and making it"Temecula's Great Street," identifying and establishing interrelated, compatible districts and neighborhoods with their own unique identities;developing a signage strategy for wayfinding, neighborhood/district identification,and gateway monumentation that emphasizes the distinct character of the area's location, natural setting, and built environment;creating a form-based code to guide future development that allows greater density, increased building heights, design standards for architecture, street character and public realms, and flexible urban parking standards and establishing an efficient and interconnected multi-modal mobility network through circulation and transit improvements. However,Alternative 2 would not provide the most efficient use of the Specific Plan area and would therefore, not fully attain the economic potential of the project site because the allowable development for the project would be reduced by 25 percent, reducing the potential of the project's viability. Therefore, Alternative 2 would not fully achieve all of the project objectives. For this reason, the City Council rejects this alternative as infeasible. 3. Alternative Three—Reduced Residential/Increased Commercial Alternative a) Summary of Alternative Under this alternative,allowable floor area ratios(FARs)would be adjusted in order to decrease the total amount of residential space that would be constructed and to increase the total amount of commercial square footage that could be developed. Commercial square footage would be increased by 3 million square feet; resulting in a buildout potential of approximately 4.7 million square feet of commercial uses(as compared to the 1.7 million square feet anticipated for the Project). Residential development would also be reduced by approximately 40 percent,which would result in approximately 2,176 dwelling units(as compared to the potential 3,726 that would occur under the Project). This alternative would include the same proposed Districts, including Uptown Center District, Uptown Hotel/Tourism District, Uptown Sports District, Uptown Arts District (with the Wilder Hills-Residential Overlay), Creekside Village District(with the Creekside Village-Commercial Overlay), and Murrieta Creek Recreation and Open Space District. b) Reasons for Rejecting Alternative Due to the increased commercial development(as compared to the proposed Project)and the increased vehicle trips associated therewith, Alternative 3 would result in increased adverse air quality, noise, and traffic impacts. In addition, this alternative would not emphasize a mixed-use environment in which residents would benefit from nearby shopping and employment opportunities nearly as much as the proposed Project,and A-41 therefore this alternative would result in greater greenhouse gas emission and climate change impacts than the proposed Project. Although Alternative 3 would achieve most project objectives and would promote economic activity within the City because commercial development would be emphasized over residential development, Alternative 3 would reduce residential development by 40 percent decreasing encouragement of developing an increased number of high-quality residential neighborhoods compared to either the existing Specific Plan or the proposed project.Therefore, Alternative 3 would not achieve all of the project objectives as well as the proposed project, and would have greater adverse impacts. Therefore, the City Council rejects this alternative as infeasible. C. Environmentally Superior Alternative The CEQA Guidelines, Section 15126.6(e)(2), requires the identification of the environmentally superior alternative. While none of the alternatives would reduce the significant and unavoidable impacts related to cultural resources and construction noise,the environmentally superior alternative would be Alternative 2, the Reduced Project Alternative, as it would have potentially fewer environmental impacts to air quality, GHG, land use and planning,operational noise, and transportation and traffic as compared to the Project and the other alternatives. Alternative 2 also would meet al l of the Project objectives. A summary of the potential impacts associated with the alternatives as compared to the Project is provided in EIR Table 5-5 below. TABLE 5-5: SUMMARY COMPARISON OF PROJECT ALTERNATIVE IMPACTSa Alt.3: Alt.1: Reduced No Project Alt.2: Residentiallincreased Alternative(No Reduced Project Commercial Uses Potential Project Impacts Development) Alternative Alternative Aesthetics Reduced Reduced Reduced Air Quality Reduced Reduced Increased Biological Resources Similar Similar Similar Cultural Resources Similar Similar Similar Geology,Soils,and Seismicity Similar Similar Similar Greenhouse Gas Emissions and Increased Reduced Increased Climate Change Hazards and Hazardous Materials Similar Similar Similar Hydrology and Water Quality Reduced Similar Similar Land Use and Planning Increased Similar Similar A-42 Noise and Vibration Increased Reduced Increased Population and Housing Reduced Reduced Reduced Public Services Similar Reduced Reduced Transportation and Traffic Increased Reduced Increased Utilities and Reduced Reduced Reduced Water Supply Assessment a Definitions: • Increased=impacts of afterneWe greater than Project's impacts • Similar=impacts of alternative similar to Project's impacts Reduced=impacts of alternative less than Project's impacts SOURCE:Environmental Science Associates,2013, D. The Project As Proposed 1. Summary of Project The Project involves adoption of the Uptown Jefferson Specific Plan and is described in detail in the Program EIR. 2. Reasons for Selecting Project as Proposed The City Council has carefully reviewed the attributes and environmental impacts of all the alternatives analyzed in the Final Program EIR and has compared them with those of the proposed Project. The City Council finds that each of the alternatives is infeasible for various environmental, economic,technical, social, or other reasons set forth above. The City Council further finds that the Project as proposed is the best combination of features to serve the interest of the public and achieve the project goals. More specifically, the Project as proposed strikes a proper balance between commercial development that focuses on economic activity,and high-quality residential development that emphasizes a mixed-use environment in which residents benefit from nearby shopping and employment opportunities. This proposed Uptown Jefferson Specific Plan recognizes the need for economic activity and growth in the City but also promotes sound environmental policies due to the reduced reliance on vehicle trips(stemming from mixed use development) and proximity to public transportation. For all of these reasons,the City Council selects the Project as proposed. A-43 EXHIBIT B Statement of Overriding Considerations The following Statement of Overriding Considerations is made in connection with the proposed approval of the Amendment to the Uptown Jefferson Specific Plan(the"Project"). CEQA requires the decision-making agency to balance the economic, legal, social, technological or other benefits of a project against its unavoidable environmental risks when determining whether to approve a project. If the benefits of the project outweigh the unavoidable adverse effects,those effects may be considered acceptable. CEQA requires the agency to provide written findings supporting the specific reasons for considering a project acceptable when significant impacts are unavoidable. Such reasons must be based on substantial evidence in the Program EIR or elsewhere in the administrative record. The reasons for proceeding with this Project despite the adverse environmental impacts that may result are provided in this Statement of Overriding Considerations. The City Council finds that the economic, social and other benefits of the Project outweigh the significant and unavoidable impacts to air quality, noise, and cultural resources. In making this finding, the City Council has balanced the benefits of the Project against its unavoidable impacts and has indicated its willingness to accept those adverse impacts. The City Council finds that each one of the following benefits of the Project, independent of the other benefits, would warrant approval of the Project notwithstanding the unavoidable environmental impacts of the Project: A. The City Council finds that all feasible mitigation measures have been imposed to either lessen Project impacts to less than significant or to the extent feasible, and furthermore, that alternatives to the Project are infeasible because they generally have similar or greater impacts, or they do not provide the benefits of the Project, or are otherwise socially or economically infeasible as fully described in the Statement of Facts and Findings. B. The proposed Project strikes a proper balance between commercial development that focuses on economic activity, and high-quality residential development that emphasizes a mixed-use environment in which residents benefit from nearby shopping and employment opportunities. C. The proposed Project will reduce potential adverse environmental impacts compared with build- out under the currently-existing Uptown Jefferson Specific Plan due to its emphasis on mixed- use development and the benefits that such development provides, including reduced vehicle trips as a result of proximity to shopping, entertainment,and employment opportunities. D. The proposed Project will create additional housing units beyond what currently exists in the Uptown Jefferson Specific Plan area or what currently could be developed in that area and thus will add to the available housing stock in the City. E. The proposed Project will augment the City's economic base by providing additional tax revenues resulting from the commercial component of the proposed allowable development. C-1 The City Council finds that the foregoing benefits provided through approval of the Uptown Jefferson Specific Plan Project outweigh the identified significant adverse environmental impacts. The City Council further finds that each of the individual Uptown Jefferson Specific Plan Project benefits discussed above outweighs the unavoidable adverse environmental effects identified in the Final Program EIR and therefore finds those impacts to be acceptable. The City Council further finds that each of the benefits listed above, standing alone, is sufficient justification for the City Council to override these unavoidable environmental impacts. C-2 Mitigation Monitoring and Reporting Program EXHIBIT C UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks Aesthetics Mitigation Measure MM-AES-1:The following light and glare Pre-Construction 1 City of City of City of standards shall be applied to all future development within the Construction Temecula Temecula Temecula Specific Plan area: Building Official project approval • The applicant shall ensure that all lighting fixtures contain or other and field "sharp cut-off'fixtures,and shall be fitted with flat glass and Designee verification and internal and external shielding, sign-off by City of Temecula • The applicant shall ensure that site lighting systems shall be grouped into control zones to allow for opening,dosing,and night light/security lighting schemes.All control groups shall be controlled by an automatic lighting system utilizing a time clock,photocell,and low voltage relays, • The applicant shall ensure that design and layout of the site shall take advantage of landscaping,on-site architectural massing,and off—site architectural massing to block light sources and reflection from cars. • Prior to the issuance of construction permits for a project- specific development within the Project area that includes outdoor lighting,the applicant shall submit an outdoor lighting plan and photometric plan to be reviewed and approved by the City of Temecula.The lighting plan shall be in compliance with Ordinance No.655 as adopted by the Riverside County Board of Supervisors and shall include,but not be limited to,the following information and standards: 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 plane 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 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 inspection to ensure that the site is in compliance with the design standards in Uptown Jefferson Specific Plan ESA!211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks Mitigation Measure MM-AES-1 and Riverside County Ordinance No.655. • The use of highly reflective construction materials on exterior wail surfaces.The exterior of permitted buildings shall be constructed of materials such as high performance tinted non- mirrored glass,painted metal panels and pre-cast concrete or fabricated wall surfaces. Air Quality Mitigation Measure MM-AIR-1a: Future project-level development Pre-Construction 1 City of City of Issuance of shall incorporate the following mitigation measures to minimize Construction Temecula Temecula Grading Permit emissions of NOx associated with construction activities for the Building Official and field Project: or other verification and • Construction activities shall require the use of 2010 and newer Designee sign-off by City diesel haul trucks(e.g.,material delivery trucks and soil of Temecula import/export)to the extent feasible.' Under conditions where it is determined that 2010 model year or newer diesel trucks are not readily available or obtainable for a project,the applicant shall be required to provide this evidence to the City and shall instead use trucks that meet USEPA 2007 model year NOx emissions requirements.2 • Off-road diesel-powered construction equipment greater than 50 horsepower(hp)shall meet USEPA Tier III off-road emissions standards.In addition,construction equipment shall be outfitted with BACT devices certified by CARS.A copy of each unit's certified tier specification,BACT documentation, and CARB OF 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 CARB's On-Road Heavy-Duty Diesel Vehicle(In-Use)Regulation requires the phase-in of 2010 model year engines or equivalent by January 1,2023.Under this regulation,PM and NOx emissions are projected to be reduced by approximately 3 tons per day and BB tons per day,respectively,in 2023. 2 As the 2010 model year engines or equivalent would be gradually phased in over time in California,these engines may not always be readily available for the construction activities associated with the Project.As such, under these circumstances the USEPA 2007 model year NOx emissions standards,which were scheduled to be phased-in for heavy-duty highway engines between 2007 and 2010,would be used instead. Uptown Jefferson Specific Plan Z ESA 1211747 MMRP July 215 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks Level 3 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations would be achieved. a After January 1,2015,off-road diesel-powered construction equipment greater than 50 hp shall meet the Tier IV emission standards,where available. Under conditions where it is determined that equipment meeting Tier IV emission standards are not readily available or obtainable for a project,the applicant shall be required to provide this evidence to the City and shall instead use USEPA Tier III equipment.In addition, construction equipment shall be outfitted with BACT devices certified by CARB.Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations.A copy of each unit's certified tier specification,BACT documentation,and CARB or SCAQMD operating permit shall be provided at the time of mobilization of each applicable unit of equipment. Mitigation Measure MM-AIR-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 cleanup of off-road diesel vehicles such as heavy-duty construction equipment. Uptown Jefferson Specific Plan 3 ESA!211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks Mitigation Measure MM-AIR-3: Prior to City approval of an Pre-Construction 1 City of City of City of individual development project that would have the construction Construction Temecula Temecula Temecula equipment and activity listed below,a project-specific LST analysis Building Official project approval shall be prepared and submitted that identifies the resulting or other and field construction emissions and demonstrates how the emissions would Designee verification and not exceed SCAQMD's LSTs or result in pollutant emissions that sign-off by City would cause or contribute to an exceedance of the most stringent of Temecula applicable federal or state ambient air quality standards. • Requires more than a maximum of six pieces of heavy-duty diesel equipment operating concurrently for eight hours per day; • Involves more than a maximum daily amount of 3,500 cubic yards of dirt handling associated with grading activities; • Requires more than 10 miles of on-site travel by haul trucks per day;and, • Involves an on-site storage(soil)pile of more than 0.02 acres Mitigation Measure MM-AIR-4:Prior to City approval of future Pre-Construction! City of City of City of project-specific residential developments within the Project area and Construction Temecula Temecula Temecula located within 500 feet of 1-15,a health risk assessment(HRA)shall Building Official project approval be conducted to evaluate the health risks to these residential or other and field developments associated with TACs from the mobile sources Designee verification and traveling along the portion of 1-15 that is adjacent to the Project sign-off by City area. Based on the findings in the HRA,appropriate measures shall of Temecula be taken,if necessary,to reduce the cancer risk resulting from TAC- exposure from 1-15 to below 10 in one million for the maximally- exposed individual.These measures may include,but are not limited to,relocating the residential development beyond 500 feet of the freeway or implementation of appropriate Minimum Efficiency Reporting Value(MERV)filters at the residential development. Biological Resources Mitigation Measure MM-13I0-1:Prior to any ground-disturbing Pre-Construction! City of City of Certified activities for individual development projects,pre-construction Construction Temecula Temecula Environmental clearance surveys shall be conducted in accordance with Section Qualified Review 6.0 of the Multiple Species Habitat Conservation Program(MSHCP) Biologist Document for special-status plant species in suitable habitat areas that will be subject to ground-disturbing activities.The surveys will be conducted in the appropriate season.All special-status plant species observed shall be marked and afforded a level of protection within 100 feet of the construction footprint,per the terms and conditions of the MSHCP.As appropriate,the special-status or Uptown Jefferson Specific Plan 4 ESA 1211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks 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-1310-2:Impacts to raptors and other Pre-Construction 1 City of City of Issuance of migratory birds shall be avoided by the implementation of one of the Construction Temecula Temecula grading permit following measures: Qualified and field • All construction and ground disturbing activities shall take Biologist verification and place outside of the raptor breeding season(February 1- sign-off by City August 30). of Temecula • if construction and ground disturbing activities are necessary during the breeding season(February 1-August 30),a focused survey for active nests of raptors and migratory birds shall be conducted by a biologist(a person possessing a bachelors in science with a minimum of one year nest survey experience performing raptor surveys).The survey shall occur a maximum of 14 days prior to any construction or ground- disturbing activities.If active nest(s)(with eggs or fledglings) are identified within the project site,(CDFW for state listed species,species of special concem,and MSHCP covered species;USFWS for birds covered under the Migratory Bird Treaty Act and listed species)they shall not be disturbed until the young have hatched and fledged(matured to a state that they can leave the nest on their own).A 500-foot construction setback from any active nesting location shall be adhered to in order to avoid disturbance of the nest until the young have fledged or the nest has failed,as determined by a qualified biologist.If no active nests are identified,construction may commence. Mitigation Measure MM-BIO-3:Future development that occurs Pre-Construction 1 City of City of City of outside of land designated as Developed/Disturbed on Figure 3.3-1 Construction Temecula Temecula Temecula of the Draft EIR,which depicts vegetation communities within the Qualified project approval project area,shall be surveyed by a qualified biologist Biologist and field (i.e.,knowledgeable in burrowing owl biology)using MSHCP verification and approved burrowing owl survey protocols within 30 days prior to sign-off by City construction to determine presence/absence of burrowing owl.If no of Temecula burrowing owls are identified on the site during these pre- construction surveys,no additional mitigation is necessary and construction can commence.If burrowing owl(s)are found on-site, the City and RCA will be notified.The following species-specific mitigation actions would be required if burrowing owls are found: Uptown Jeffersor Specific Plan �J ESA 1211247 MMRP July 21315 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Data Remarks • Since burrow owl is a covered species under the MSHCP, adequate conservation of the species and its habitat are achieved through participation in the MSHCP.Avoidance of the active burrow(s)is the preferred method to reduce potential impacts to burrowing owl to a less than significant level. • However,if the proposed project cannot avoid the active burrow(s),owls within active burrow(s)may be evicted with the use of one-way doors and passively relocated to suitable habitat with natural or artificial burrows within 100 meters of the proposed project site,as regulated by the RCA. • If eviction/passive relocation is not feasible,preparing and implementing an active translocation plan,if appropriate and approved by the RCA and CDFW that includes identifying a receptor site for the owl(s),may also be acceptable. • However,if 3 or more pairs of burrowing owls are observed on 35-plus acres of suitable habitat,onsite conservation of the habitat is required by the MSHCP in accordance with Section 6.3.2 of the MSHCP Plan.Onsite conservation of habitat will be negotiated between the project applicant and the RCA through a Determination of Biologically Equivalent or Superior Preservation(DBESP) and/or a Habitat Assessment and Negotiation Strategy (HANS)application. Mitigation Measure MM-1310-4:The specific MSHCP conservation Pre-Construction 1 City of City of Field objectives for fairy shrimp shall be met through implementation of Construction Temecula Temecula verification and the RiparianlRiverine Areas and Vernal Pools Policy presented in Qualified sign-off by City Section 6.1.2 of the MSHCP.Prior to City approval of an individual Biologist of Temecula development project located outside of land designated as Developed/Disturbed on Figure 3.3-1,an assessment of the construction footprint shall be conducted to determine whether suitable wetlands or seasonally inundated habitats(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 IJSFWS Interim Uptown Jefferson Spedfrc Plan 6 ESA 1211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks 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 restriction and protection will be implemented to avoid or minimize impacts to the resource during construction: Seasonal Vernal Pool Work Restriction.For seasonal avoidance of special-status vernal pool branchiopods and vernal pool-dependent species(e.g.,western spadefoot toad),the contractor will not work within 250 feet of aquatic habitats suitable for these species(e.g., vernal pools and other seasonal wetlands)from October 15 to June 1 (corresponding to the rainy season),or as determined through informal or formai consultation with the RCA Monitoring Program Administrator and/or USACE.Ground-disturbing activities may begin once the habitat is no longer inundated for the season.If any work remains to be completed after October 15 exclusion fencing and erosion control measures will be placed at the vernal pools(or other seasonal wetlands)by the contractor under supervision of the a biologist.The fencing will act as a buffer between ground- disturbing activities and the vernal pools and other seasonal wetlands as determined through consultations with the RCA Monitoring Program Administrator,and/or USACE.The biologist will document compliance with the fencing requirement through a memorandum submitted to the RCA Monitoring Program Administrator. Implement and Monitor Vemal Pool Protection. If temporary impacts can be avoided,the vernal pool(s)will be protected by erecting exclusion fencing.The contractor,under the supervision of the project biologist,will erect and maintain the exclusion fencing. Resource agency consultations with the RCA Monitoring Program Administrator and/or USACE will occur as needed. If vernal pools and/or listed branchiopods are detected,and an avoidance alternative is not feasible,then the following measures shall be implemented: Uptown Jefferson Specific Plan ESA 1211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Data Remarks Determination of Biologically Equivalent or Superior Preservation (DBESP). In accordance with Section 6.1.2 of the MSHCP,a DBESP shall be prepared as part of an individual development project approval by the City to ensure replacement of any lost functions and values of habitat as it relates to vernal pools and listed branchiopods.The DBESP shall contain a mitigation strategy, subject to the approval of the RCA,which may contain on-site habitat creation and conservation,or off-site land acquisition in an approved mitigation bank for vernal pools and listed branchiopods; each is described below. On-site Habitat Creation.Should an avoidance alternative not be feasible,vernal pool basins and watershed shall be created on-site at a replacement ratio of 1:1,subject to the approval of the RCA.If on-site restoration is infeasible,an appropriate off-site location will be selected that exhibits the appropriate vernal pool soil conditions. The required off-site replacement ratio shall be determined by the RCA based on the specifics of the project.Vernal pool restoration sites shall be conserved in perpetuity through a conservation easement,deed restriction,or other appropriate mechanism.Specifications for the creation of habitat and a long- term monitoring program(typically five years,complete with success criteria)shall be included in the DBESP. 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. Mitigation Measure MM-BIO-5:Prior to any ground-disturbing Pre-Construction! City of City of Issuance of activities associated with individual development projects,a Construction Temecula Temecula grading permit biologist or designee shall conduct a visual and acoustic survey for Qualified and field roosting bats according to accepted protocol.The biologist will Biologist verification and contact the RCA Monitoring Program Administrator,and/or CDFW if sign-off by City any hibernation roosts or active nurseries are identified within the of Temecula construction footprint.The biologist will submit a memorandum documenting compliance to the RCA Monitoring Program Administrator. Bat Exclusion and Deterrence. During ground-disturbing activities,if individual or groups of bats are found within the construction Uptown Jefferson Specific Plan 8 ESA 1211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks footprint,the bats shall be safely excluded by either opening the roosting area to change lighting and airflow conditions,or by installing one-way doors,or other appropriate methods specified by the RCA Monitoring Program Administrator and/or CDFW.The contractor will leave the roost undisturbed by project-related activities for a minimum of one week after implementing exclusion and/or eviction activities.The contractor will not implement exclusion measures to evict bats from established maternity roosts. The Biologist will submit a memorandum documenting compliance to the RCA Monitoring Program Administrator. Cultural Resources Mitigation Measure MM-CUL-1: Individual development projects or Pre-Construction City of City of City of other ground disturbing activities such as installation of utilities,shall Temecula Temecula Temecula be subject to a Phase I cultural resources inventory on a project- qualified Project specific basis prior to the City's approval of project plans.The study Archaeologist Approval; shall be carried out by a qualified archaeologist,defined as an and Pechanga verification by archaeologist meeting the Secretary of the Interior's Standards for tribal City of professional archaeology,and shall be conducted in consultation representatives Temecula in with the Pechanga Band of Luiseno Indians.The cultural resources consultation inventory would consist of:a cultural resources records search to be with Pechanga conducted at the Eastern Information Center;scoping with the Tribe Native American Heritage Commission(NAHC)and with interested Native Americans identified by the NAHC;a pedestrian archaeological survey where deemed appropriate by the archaeologist;and recordation of all identified archaeological resources on California Department of Parks and Recreation 523 forms.If potentially significant cultural resources are encountered during the survey,the City shall require that the resources are evaluated for their eligibility for listing in the California Register of Historical Resources and for significance as a historical resource or unique archaeological resource per CE QA Guidelines Section 15064.5.Recommendations shall be made for treatment of these resources if found to be significant,in consultation with the City and the Pechanga Band of Luiseno Indians.Per CEQA Guidelines Section 15126.4(b)(3),project redesign and preservation in place shall be the preferred means of mitigation to avoid impacts to significant cultural resources,including prehistoric and historic archaeological sites,locations of importance to Native Americans, human remains,historical buildings,structures and landscapes. Methods of avoidance may include,but shall not be limited to, project re-route or redesign,project cancellation,or identification of protection measures such as capping or fencing.Consistent with Uptown Jefferson SpeaBc Plan 9 ESA 1211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks CEQA Guidelines Section 15126.4(b)(3)(C),if it is demonstrated that resources cannot be avoided,the qualified archaeologist shall develop additional treatment measures,which may include data recovery or other appropriate measures,in consultation with the City and the Pechanga Band of Luiseno Indians.The City shall conduct consultation with the Pechanga Band of Luiseno Indians on a project-specific basis. In addition,the project proponent shall retain archaeological monitors and Native American monitors from the Pechanga Band of Luiseno Indians during ground-disturbing activities that have the potential to impact significant cultural resources as determined by a qualified archaeologist in consultation with the City. During project-level construction,should prehistoric or historic subsurface cultural resources be discovered,all activity in the vicinity of the find shall stop and a qualified archaeologist,in consultation with the Pechanga Band of Luiseno Indians,will be contacted to assess the significance of the find according to CEQA Guidelines Section 15064.5.If any find is determined to be significant,the archaeologist shall determine,in consultation with the City and the Pechanga Band of Luisefio Indians,appropriate avoidance measures or other appropriate mitigation.Per CEQA Guidelines Section 15126.4(b)(3),project redesign and preservation in place shall be the preferred means to avoid impacts to significant cultural resources.Methods of avoidance may include,but shall not be limited to,project re-route or re-design,project cancellation,or identification of protection measures such as capping or fencing. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C),if it is demonstrated that resources cannot be avoided,the qualified archaeologist shall develop additional treatment measures in consultation with the City,which may include data recovery or other appropriate measures,in consultation with the Pechanga Band of Luiseno Indians.All significant cultural materials recovered will be, as necessary and at the discretion of the consulting archaeologist, and in consultation with the Pechanga Band of Luiseno Indians, subject to scientific analysis,professional museum curation,and documentation according to current professional standards. Uptown Jefferson specific Plan 14 ESA 1211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks Mitigation Measure MM-CUL-2:Project4evel development Pre-Construction! City of City of City of involving ground disturbance and containing structures 50 years old Construction Temecula Temecula Temecula or older shall be subject to a historic built environment survey,and qualified Project potentially historic structures shall be evaluated for their potential Historian or Approval; historic significance,prior to the City's approval of project plans.The Architectural verification by survey shall be carried out by a qualified historian of architectural Historian City of historian meeting the Secretary of the Interior's Standards for Temecula in Architectural History.Consultation with the Pechanga Band of consultation Luiseno Indians shall also occur during the evaluation.If potentially with Pechanga significant resources are encountered during the survey,demolition Tribe of substantial alteration of such resources identified shall be avoided.If avoidance of identified historic resources is deemed infeasible,the City shall require the preparation of a treatment plan to include,but not limited to,photo-documentation and public interpretation of the resource.The plan will be submitted to the City for review and approval prior to implementation. Mitigation Measure MM-CUL-3:For project-level development Pre-ConstructioN City of City of Verification by involving ground disturbance,a qualified paleontologist shall be Construction Temecula Temecula in City of retained to determine the necessity of conducting a study of the consultation Temecula in project area(s)based on the potential sensitivity of the project site with Pechanga consultation for paleontological resources.If deemed necessary,the Tribe with Pechanga paleontologist shall conduct a paleontological resources inventory Tribe designed to identify potentially significant resources.The paleontological resources inventory would consist of:a paleontological resources records search to be conducted at the San Bernardino County Museum andlor 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 hafted or Uptown Jefferson Specific Plan ESA 1211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks diverted until the discovery is examined by a qualified paleontologist,in accordance with Society of Vertebrate Paleontology standards.The paleontologist will notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find.If avoidance is determined to be infeasible,the qualified paleontologist shall implement a paleontological mitigation program. At each fossil locality,field data forms shall be used to record pertinent geologic data,stratigraphic sections shall be measured, appropriate sediment samples shall be collected and submitted for analysis,and any other activities necessary for the timely and professional documentation and removal of fossils.Any fossils encountered and recovered shall be prepared to the point of identification,catalogued,and donated to a public,non-profit institution with a research interest in the materials.Accompanying notes,maps,and photographs shall also be filed at the repository. Mitigation Measure MM-CUL-4:Project-level development Construction City of City of Verification by involving ground disturbance within the Project area shall address Temecula in Temecula in City of the potential discovery and proper treatment of human remains, consultation consultation Temecula in which is always a potential in areas that have not been previously with with Pechanga consultation disturbed or only partially disturbed through prior development.The Pechanga Tribe with Pechanga City shall require that if human remains are uncovered during Tribe Tribe project construction,work in the vicinity of the find shall cease and the Riverside County coroner shall be contacted to evaluate the remains,following the procedures and protocols set forth in Section 15064.5(e)(1)of the 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. Geology,Soils,and Seismicity Mitigation Measures MM-HYD-1 and MM-HYD-2 See MM-HYD-1 See MM- See MM-HYD-1 See MM-HYD-1 and MM-HYD 2 MM-HYD-1 and MM-HYD 2 and MM-HYD 2 and MM- HYD 2 Uptown Jefferson Specific Plan 12 ESA f 211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks Hazards and Hazardous Materials Mitigation Measure MM-HAZ-1a:For individual development Pre-Construction/ City of City of Issuance of projects within the Project area,the applicant shall retain a qualified Construction Temecula Temecula Grading Permit environmental consulting firm to conduct a Phase I Environmental Building Official and field Site Assessment in accordance with ASTM standard E1527-05 prior or other verification and to building permit approval.Any recommendations made in the Designee sign-off by City Phase I report as well as any remediation as required by the of Temecula overseeing agency shall be completed prior to commencement of any construction activities. Mitigation Measure MM-HAZAb:Any subsurface materials Pre-Construction 1 Riverside City of Field exposed during construction activities that appear suspect of Construction County Temecula verification and contamination,either from visual staining or suspect odors,shall Department sign-off by City require immediate cessation of excavation activities and notification of of Temecula of the Riverside County Department of Environmental Health.Soils Environment and Riverside suspected of contamination through visual observation or from at Health County observed odors,shall be segregated from other soils and placed on Department of and covered by plastic sheeting and characterized for potential Environmental contamination in accordance with direction received from the Health County.If contamination is found to be present,any further proposed groundbreaking activities within areas of identified or suspected contamination shall cease and shall not resume until a site specific health and safety plan,prepared by a licensed professional and approved by Department of Environmental Health, has been completed and submitted to the City. Mitigation Measure MM-HAZ-1c:Any groundwater generated Construction RWQCB City of Field during construction dewatering shall be contained and profiled in Temecula verification and accordance with Regional Water Quality Control Board(RWQCB)or Building Official sign-off by City Temecula Valley Regional Water Reclamation Facility requirements or other of Temecula depending on whether water will be discharged to storm drains or Designee sanitary sewers.Any water that does not meet permitted requirements by these two agencies shall be transported offsite for disposal at an appropriate facility,or treated,if necessary to meet applicable standards,prior to discharge in accordance with approval from the RWQCB or Temecula Valley Regional Water Reclamation Facility. Uptown Aferson Speafic Plan 13 ESA 1211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks Hydrology and Water Quality Mitigation Measure MM-HYD-1 :Development construction that Pre-Construction 1 City of City of Issuance of disturbs one acre or more individually shall comply with the NPDES Construction/ Temecula Temecula Building Permit, Construction General Permit regulations in effect at the time so as Post-Construction Building Official review of plans, not to violate any water quality standards or waste discharge or other field verification requirements.Compliance with the Construction General Permit Designee and sign-off by would include filing of a Notice of Intent with the SWRCB and the City of preparation of a SWPPP incorporating construction BMPs for Temecula control of erosion and sedimentation contained in stormwatef runoff. Development construction that disturbs less than one acre individually shall comply with the MS4 permit issued by the SDRWQCB in effect at the time so as not to violate any water quality standards or waste discharge requirements.Compliance with the MS4 permit for construction projects disturbing less than an acre would require the preparation of a construction BMP plan detailing erosion,sediment,and waste management control BMPs to be implemented throughout construction to be submitted and approved by the City of Temecula. Mitigation Measure MM-HYD-2:As a condition of approval,each Pre-Construction 1 City of City of Issuance of future development project will be required to generate a project- Construction/ Temecula Temecula Building Permit, specific Water Quality Management Plan(WQMP),as required by Post-Construction Building Official review of plans, the City of Temecula Stormwater Ordinance and as specified in the or other field verification City's Jurisdictional Runoff Management Plan,which will ensure that Designee and sign-off by the project implements specific water quality features to meet the City of City's MS4 Permit and Stormwater Ordinance requirements. Temecula Potential BMPs required by the WQMP include scheduling, minimization of vegetation disturbance,sandbags,vehicle fueling and maintenance in designated areas,and storm drain stenciling. This WQMP shall be reviewed and approved by the City of Temecula prior to the issuance of a building or grading permit. Mitigation Measure MM-HYD-3:As a condition of approval,each Pre-Construction 1 City of City of Issuance of future development project will be required to generate a project- Construction/ Temecula Temecula Building Permit, specific Drainage or Hydrology Study,as required by the City of Post-Construction Building Official review of plans, Temecula Stormwater Ordinance and as specified in the City's or other field verification Jurisdictional Runoff Management Plan,which will ensure that the Designee and sign-off by project implements specific hydromodification features to meet the City of City's MS4 Permit and Stormwater Ordinance requirements, Temecula Potential hydromodification features identified may include detention or infiltration basins(i.e.,intercept,store,infiltrate,evaporate,and evapotranspire).The project-specific Drainage or Hydrology Study shall be reviewed and approved by the City of Temecula prior to the Uptown Jefferson Specific Pian 14 ESA 1211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks issuance of a building or grading permit. Noise and Vibration Mitigation Measure MM-NOI-la:Prior to the issuance any grading Pre-Construction 1 City of City of Issuance of or building permits for project-specific development,the applicant Construction Temecula Temecula Grading or shall provide evidence to the City that the development will not Building Official Building exceed the City's exterior noise standards for construction(see or other Permits and Table 3.10-5).If it is determined that City noise standards for Designee field verification construction activities would be exceeded,the applicant shall submit and sign-off by a construction-related exception request to the City Manager at City of least one week in advance of the project's scheduled construction Temecula activities,along with the appropriate inspection fee(s),to ensure that the project's construction noise levels would be granted an exception from the noise standards set forth in Section 9.20.040 of the City of Temecula Municipal Code.If a construction-related exception request is denied by the City,design measures shall be taken to reduce the construction noise levels to the maximum extent feasible to achieve compliance with the City's construction noise standards.These measures may include,but are not limited to,the erection of noise barriers/curtains,use of advanced or state-of-the- art mufflers on construction equipment,andlor reduction in the amount of equipment that would operate concurrently at the development site. Mitigation Measure MM-NOI-1 b:Project-specific development Pre-Construction! City of City of Issuance of located within the Project area shall: Construction Temecula Temecula Grading Permit • Ensure that noise and groundborne vibration construction Building Official and field activities whose specific location on a construction site may be or other verification and flexible(e.g.,operation of compressors and generators, Designee sign-off by City cement mixing,general truck idling)shall be conducted as far of Temecula 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 Uptown Jefferson Specific Plan 15 ESA!211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks tools themselves shall be used where feasible;this could achieve a reduction of 5 dBA.Quieter procedures,such as use of drills rather than impact tools,shall be used whenever feasible. • Locate stationary construction noise sources away from adjacent receptors and muffled and enclosed within temporary sheds,incorporate insulation barriers,or other measures to the extent feasible. • Ensure that all construction truck traffic is restricted to routes approved by the City of Temecula,which shall avoid residential areas and other sensitive receptors,to the extent feasible. • Designate a construction relations officer to serve as a liaison with surrounding residents and property owners who is responsible for responding to address any 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. Mitigation Measure MM-NOI-2a:The operation of construction Pre-Construction 1 City of City of Issuance of equipment that generates high levels of vibration,such as large Construction Temecula Temecula Grading Permit bulldozers,loaded trucks,and caisson drills,shall be prohibited Building Official and field within 45 feet of residential structures and 35 feet of institutional or other verification and structures during construction of any project-specific development in Designee sign-off by City the Project area,to the extent feasible,Small,rubber-tired of Temecula construction equipment shall be used within this area during demolition and/or grading operations to reduce vibration effects where feasible. Mitigation Measure MM-NOI-2b:Operation of jackhammers shall be prohibited within 25 feet of existing residential structures and 20 feet of institutional structures during construction activities associated with any project-specific development in the Project area,to the extent feasible. Mitigation Measure MM-NOI-3:For project-specific development, Pre-Construction 1 City of City of Issuance of the applicant shall provide evidence to the City that operational Construction! Temecula Temecula Grading Permit noise levels generated by the development would exceed the City's Post-Construction Building Official and field Uptown Jefferson Speoic Plan 16 ESA 1211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks permissible exterior noise standards.If City noise standards would or other verification and be exceeded,design measures shall be taken to ensure that Designee sign-off by City operational noise levels would be reduced to levels that comply with of Temecula the permissible City noise standards,These measures may include, but are not limited to,the erection of noise walls,use of landscaping,and/or the design of adequate setback distances for the new developments. Mitigation Measure MM-NOI-4a: Individual development projects Pre-Construction! City of City of City of shall minimize noise impacts from mechanical equipment,such as Construction 1 Temecula Temecula Temecula ventilation and air conditioning units,by locating equipment away Post-Construction Building Official project approval from receptor areas,installing proper acoustical shielding for the or other and field equipment,and incorporating the use of parapets into building Designee verification and design to ensure that noise levels do not exceed the ambient noise sign-off by City level on the premises of existing development by more than five of Temecula decibels.. Mitigation Measure MM-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 Lm or CNEL of 45 dB in any habitable room, Mitigation Measure MM-NOI-5:Prior to City approval of a project- Pre-Construction 1 City of City of City of specific development within the Project area,the applicant shall Construction! Temecula Temecula Temecula provide evidence to the City that the City's noise/land use Post-Construction Building Official project approval compatibility standards are met for the land use being developed. or other and field Measures that can be taken to ensure compliance with the City's Designee verification and noiselland use compatibility standards include,but are not limited sign-off by City to,the erection of noise walls,use of landscaping,andlor the design of Temecula of adequate setback distances. Transportation and Traffic Mitigation Measure MM-TRA-1:The City shall monitor the Pre-Constructiortt City of City of Issuance of performance of the intersections listed below on an on-going basis Construction Temecula Temecula Grading Permit and ensure that signal timing optimization occurs at these Engineer or and Issuance of intersections prior to or concurrent with Project-related development other Designee a Certificate of that would increase the AM peak-hour delay by more than two Occupancy seconds. • Ynez Road&Winchester Road—AM peak hour(Project's fair- share contribution for this mitigation measure is 10 percent) • Nicholas Road&Winchester Road—AM peak hour Project's Uptown Jefferson Specific Plan 17 ESA!211247 MMRP July 2015 Mitigation Monitonng and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks fair-share contribution for this mitigation measure is 5 percent) Prior to the issuance of the initial building permit for each project- specific development within the Project area,the applicant shall pay its fair share,as determined by the City,toward the signal timing optimization for the intersections listed herein. Mitigation Measure MM-TRA-2:The City shall monitor the Pre-Construction) City of City of Issuance of performance of the intersections listed below on an on-going basis Construction Temecula Temecula Grading Permit and ensure that the following improvements occur at these Engineer or and Issuance of intersections prior to or concurrent with Project-related development other Designee a Certificate of that would increase the AM peak-hour delay by more than two Occupancy seconds. • At the intersection of Jefferson Avenue at Cherry Street! Proposed French Valley Parkway,the westbound approach lane shall be re-configured from one left turn lane,two through lanes,and a shared through-right turn lane to two left turn lanes,one through lane and one shared lane(Project's fair- share contribution is 10 percent). • At the intersection of Winchester Road and Murrieta Hot Springs Road,add a right-turn overlap traffic signal phase to the southbound direction(Project's fair-share contribution is 5 percent). • At the 1-15 Southbound Ramps and Temecula Parkway,add an exclusive right-turn lane to the northbound direction (Project's fair-share contribution is 5 percent). Prior to the issuance of the initial building permit for each project- specific development within the Project area,the applicant shall pay its fair share,as determined by the City,toward the improvements for the intersections listed herein. Uptown Afrerson Specific Plan $ ESA 1211247 MMRP July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Mitigation Measures Phase Agency Agency Compliance Initials Date Remarks Utilities and Water Supply Assessment Mitigation Measure MM-UTL-1 a:Prior to the issuance of Pre-Construction City of City of Issuance of construction permits for a project-specific development within the Temecula Temecula construction Project area,the project applicant shall pay its fair share of Eastern Building Official permits,and Municipal Water District mitigation fees to upsize the impacted or other sign-off by City sewer pipelines at Jefferson Avenue,via Montezuma and Del Rio Designee of Temecula Road. Mitigation Measure MM-UTL-1 b:Prior to issuance of construction permits for a project-specific development within the Project area, the project applicant shall pay Eastern Municipal Water District's then in effect Financial Participation Charge associated with obtaining sewer service. Uptown Jefferson Specific Plan 19 ESA 1211247 MMRP July 2015 i Citof Temecula Community Development 41000 Main Street • Temecula,CA 92590 Phone(951)6946400 • Fax(951)6946477 • www.cityoftemecula.org January 30, 2014 Ms. Rosemarie M. Anderson Supervising Legal Certification Clerk County of Riverside P.Q. Box 751 Riverside, CA 92501-0751 SUBJECT: Filling a Notice of Determination for the City of Temecula 2014-2021 Housing Element Update, Long-Range Project No. LR12-0012 Dear Ms. Anderson: Enclosed is the Notice of Determination for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) please find a check in the amount of $2,231.25 for the County Administrative fee to enable the City to file the Notice of Determination for Negative Declaration. The City of Temecula is paying the $50.00 filing fee under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee. Please return a stamped copy of the Notice of Determination within five working days after the 30 day posting in the enclosed self-addressed stamped envelope. Should you have any questions regarding this matter, please contact Dana Weaver at (951) 693- 3928. Sincerely, Armando G. Villa, AICP Director of Community Development Enclosures: Check Copies of this letter(3) Self addressed stamped envelopes (2) City of Temecula Community Development Planning Division Notice of Determination TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula P.O. Box 751 41000 Main Street Riverside, CA 92501-0751 Temecula, CA 92590 SUBJECT: Filing of a Notice of Determination in compliance with the provisions of Section 21152 of the Public Resources Code State Clearinghouse No.: 2013121045 Project Title: 2014-2021 Temecula Housing Element Update Project Location: Citywide Project Description: The California State Legislature has identified the attainment of a decent home and suitable living environment for every Californian as the State's major housing goal. Recognizing the important role of local planning programs in the pursuit of this goal, the Legislature has mandated that all cities and counties prepare a housing element as part of their comprehensive General Plans. All cities and counties are required to update their Housing Elements at least every eight years to reflect the community's changing needs. This update covers the 2014-2021 planning period, pursuant to the fifth update cycle for jurisdictions within the Southern California Association of Governments (SCAG) region, and will replace the existing Housing Element. In accordance with State law, the City's draft 2014-2021 Housing Element contains the following components: • An analysis of the demographic, household, and housing characteristics and trends; • A review of potential market, government, and environmental constraints to meeting the City's identified housing needs; • An evaluation of the land, financial and administrative resources available to address housing needs; • An evaluation of accomplishments under the adopted Housing Element; • A housing plan to address the City's identified housing needs, including housing goals, policies, and programs. Lead Agency: City of Temecula, County of Riverside Contact Person: Dana Weaver Telephone Number: (951) 693-3928 This is to advise you that the City Council for the City of Temecula has approved the above described project on January 28, 2014, and has made the following determinations regarding this project: 1. The project will not have a significant effect on the environment. 2. That a Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were not made a condition of the approval of the project. 4. A Mitigation Monitoring or Reporting Program was not adopted for this project. 5. A Statement of Overriding Consideration was not adopted for this project. 6. Findings were made pursuant to the provisions of CEQA. This is to certify that the Negative Declaration with comments, responses, and record of project approval is available to the General Public at the City of Temecula, 41000 Main Street, Temecula, California, 92590. Signature: (W - Date: Armando G. Villa, AICP Director of Community Development Date received for filing at the County Clerk and Recorders Office: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: 1989 CASE NO: LR14-0010 AFFORDABLE HOUSING OVERLAY ZONE ORDINANCE APPLICANT: City of Temecula PROPOSAL: A proposed amendment to the City of Temecula Development Code, to add a new Chapter 17.21, establishing an Affordable Housing Overlay (AHO) Zone that would allow for the potential development of multi-family housing on 44 parcels throughout the City. The City's 2014 - 2021 Housing Element identified that the City would be establishing an AHO Zone. The proposed Ordinance implements Program 1 of the City's 2014 - 2021 Housing Element, by amending the City's Development Code to establish an AHO Zone, and identifying that the following parcels are part of this overlay zone: 920110004, 909370050, 909370049, 921330052, 921330053, 921330025, 921330005, 921280002, 944330008, 944290016, 944330007, 944330005, 944330004, 944060009, 944370006, 944370007, 944370005, 944370013, 944370010, 944370001, 922190033, 961440017, 959060014, 959060016, 959060017, and 959070014. The proposed Ordinance also provides that the following parcels located in the Uptown Temecula Specific Plan area are part of the AHO Zone: 910272008, 910272017, 910272014, 910272029, 921060056, 921060058, 921050016, 921050020, 909270024, 909282013, 910262009, 910272025, 910272018, 910282002, 910272001, 910262003, 910262007, and 910262010. The AHO Zone will provide the opportunity for ministerial approval of multi-family housing projects on all AHO parcels, as well as certain mixed-use projects on the parcels identified for the Uptown Temecula Specific Plan area, if a proposed project complies with the requirements of the overlay zone. RECOMMENDATION: That the Planning Commission of the City of Temecula adopt a resolution recommending that the City Council of the City of Temecula adopt an Affordable Housing Overlay Zone Ordinance. ENVIRONMENTAL: Pursuant to State CEQA Guidelines Section 15162, an Addendum to the EIR has been prepared, which concludes that the proposed changes, additions, or modifications do not result in any new or greater environmental impacts than were previously analyzed, disclosed, and/or mitigated in the Uptown Temecula Specific Plan Environmental Impact Report (EIR) that was certified in November 2015 (SCH #2013061012) and the Negative Declaration prepared for the City's 2014 - 2021 Housing Element. None of the conditions in State CEQA Guidelines Section 15162 are present and no additional environmental review is required. CASE PLANNER: Matt Peters, Senior Planner, (951) 694-6408 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: September 5, 2018 TIME OF HEARING: 6:00 p.m. The complete agenda packet (including any supplemental materials)will be available for viewing in the Main Reception area at the Temecula Civic Center(41000 Main Street,Temecula)after 4:00 p.m.the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website-TemeculaCA.goy and will be available for public review at the respective meeting. Any writing distributed to a majority of the Commission regarding any item on the Agenda,after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m.-5:00 p.m. In addition, such material will be made available on the City's website-TemeculaCA.goy-and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400 ITEM 8 STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: September 5, 2018 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Dale West, Associate Planner II APPLICANT NAME: City of Temecula PROJECT Long Range Planning Project No. LR17-1551, a proposed SUMMARY: amendment to the City of Temecula Development Code to adopt regulations to conform to Density Bonus Law (Govt. Code § 65915) which requires that local governments grant density bonuses to applicants if housing development projects meet specific requirements. CEQA: Pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. ("CEQA")), and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), the proposed project is exempt from CEQA as there is no possibility that this Ordinance would have a significant impact on the environment pursuant to State CEQA Guideline Section 15061(b)(3). More specifically, this Ordinance merely incorporates State law, allowing applicants to seek a density bonus pursuant to Government Code Section 65915. RECOMMENDATION: That the Planning Commission of the City of Temecula adopt a resolution recommending that the City Council of the City of Temecula adopt an ordinance to amend the City's Development Code and incorporate regulations to be consistent with State Density Bonus Law. BACKGROUND SUMMARY The California State Density Bonus Law (SDBL) was adopted in 1976 to address California's affordable housing needs. The SDBL has been amended multiple times since its adoption in response to evolving housing conditions, to provide clarification on the legislation, to respond to legal and implementation challenges, and to incorporate new or expanded provisions. The SDBL originally sought to address the affordable housing shortage by encouraging development of low- and moderate-income units; over time, the law was expanded to recognize the need for housing for households at a wider range of income levels and with specialized needs. The SDBL is intended to increase the production of affordable housing by requiring local agencies to grant an increase to the maximum allowable residential density for eligible projects, and to support the development of eligible projects at greater residential densities by granting incentives, concessions, waivers, and/or reductions to applicable development regulations. 1 Cities are also required to adopt an ordinance specifying how compliance with the law will be implemented. ANALYSIS Density Bonus Provisions The Temecula Municipal Code currently allows for density bonuses and development concessions for senior and affordable housing, however, because of changes in the law, the Municipal Code is no longer consistent with the SDBL and needs to be updated. New to the SDBL are the provisions for reduced parking based on the proximity to transit, density bonuses available to mixed-use projects, clarifying language for the demolition and replacement of affordable units, streamlined procedures for processing applications, and expansion of housing categories that qualify for a density bonus. The amount of additional density an applicant is entitled to, over the maximum allowable density as specified in the City's Development Code and General Plan, varies according to the amount of affordable housing units proposed by an applicant. For Very Low Income, Low Income and Moderate Income units, projects that exceed the minimum required number of units receive an additional density bonus for each 1 percent of affordable units provided. For projects that provide specialized units or senior housing, a flat-rate density bonus may be granted. Projects may also receive a density bonus for donating land for the construction of affordable housing or by providing child care facilities associated with a housing development. The following table outlines the State's density bonus requirements by affordability or category: Density Bonus Eligibility and Associated Density Bonuses Affordability or Minimum Required Bonus Additional Bonus % of Units Needed Category to Receive Bonus Granted for each 1% for Maximum of 35% Increase in Units Bonus Very Low Income 5% 20% 2.5% 11% Low Income 10% 20% 1.5% 20% Moderate Income 10% 5% 1.0% 40% Senior Citizen 35 Units 20% N/A N/A Housing z Land Donation 10% of Market Units 15% 1.0% 30% Child Care Facility Equal to or N/A greater than N/A N/A sq. ft. of child care facility Special Housing 10% 20% N/A N/A 1. Moderate-income units in common-interest developments (e.g. condos) and offered to the public for purchase. 2. Includes senior mobile home parks; project must limit residency based on age requirements pursuant to Section 798.76 or 799.5 of the Civil Code. A Senior Citizen Housing Development is defined in Civil Code Section 51.3(b)(4): as a residential development for senior citizens that has at least 35 dwelling units. 3. Or a concession or incentive pursuant to Government Code Section 65915(h). 4. Projects must select one income-based, or specialty housing category as the basis for calculating the density bonus. Bonuses for an income or housing category can be combined with a bonus for land donation, up to a maximum of 35%; a square footage-based density bonus may be granted for child care facilities beyond 35%. 5. Includes housing for transitional foster youth, disabled veterans, or homeless persons. Such units must be subject to an affordability restriction at the very low-income level for 55 years. 2 As illustrated in the example below, a project in which 15 percent of the total proposed units are designated as low-income units, would qualify for a density bonus of 27.5 percent (20 percent bonus for meeting the 10 percent minimum required for low-income units, plus 1.5 percent bonus for every 1 percent of low-income units provided above the minimum). Density Bonus Project Example (Low-Income Category) Base Project Density 105 unit apartment project Market Rate Units 90 units Affordable Units 15 units (Low Income) Provided Eligible Density Bonus For providing the minimum 10% of total units for low- income units, the project receives a 20% density bonus. For exceeding the minimum required percent of low- income units the project receives an additional 7.5% density bonus: (15-10) x 1.5 = 7.5% Total Density Bonus: 20% + 7.5% = 27.5% Density Bonus Units 105 project units x 27.5% = 28.8 units = 29 units Total Project Units 134 units (90 market rate, 15 low-income, 29 bonus units) Concessions, Incentives, and Waivers An applicant that applies for a density bonus may also request from one to three concessions. Concessions are considered reductions in site development standards or modifications in architectural design requirements, for example but not limited to, reduced setbacks, increase in height limits, or amount of landscape, which result in "identifiable and actual cost reductions." The following table summarizes the number of incentives or concessions that a project may utilize depending on the proportion of affordable units: Concessions and Incentives Schedule Very Low-Income 5% 10% 15% Low-Income 10% 20% 30% Moderate-Income 10% 20% 30% Number of 1 2 3 Concessions Day Care Center 1 concession/incentive or the prescribed density bonus In addition to requesting concessions and incentives, applicants also may request a waiver or reduction of developments standards if such a waiver or reduction is necessary to allow the physical development of a project. The City may not enforce any development standard where the strict enforcement of the development standard would physically preclude the construction of a project with a density bonus and incorporating the concessions or incentives granted to the project. There is no limit on the number of waivers that may be requested. Reduced Parking Requirements In addition to the incentives/concessions and waivers/reductions, a project that qualifies for a density bonus is also eligible for reduced parking ratios. These reduced parking ratios apply to 3 both market rate units and affordable housing units and may be further reduced through granting a concession or incentive. Although additional reductions may be requested in certain circumstances, the generally applicable reduced parking requirements are as follows: Parking Requirements Under Density Bonus Law Unit Type Maximum On-Site Parking Requirement 0-1 bedroom 1 space/unit 2-3 bedrooms 2 spaces/unit 4+ bedrooms 2.5 spaces/unit LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on August 24, 2018. ENVIRONMENTAL DETERMINATION Staff has determined that the Ordinance is exempt from the California Environmental Quality Act (CEQA) as there is no possibility that this Ordinance would have a significant impact on the environment pursuant to State CEQA Guideline Section 15061(b)(3). More specifically, this Ordinance merely incorporates State law, allowing applicants to seek a density bonus pursuant to Government Code Section 65915. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. ATTACHMENTS 1. PC Resolution — Density Bonus Ordinance 2. Draft City Council Ordinance — Density Bonus 3. Notice of Public Hearing 4 PC RESOLUTION NO.18- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ADOPT REGULATIONS TO CONFORM WITH DENSITY BONUS LAW (CALIFORNIA GOVERNMENT CODE SECTION 65915), AND FINDING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT" (LR17-1551) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. Staff identified a need to amend the City's Development Code to adopt regulations to conform with State density bonus law. The City's Development Code allows for density bonuses and development concessions for senior and affordable housing, but Program 4 of the City's 2014-2021 Housing Element provides that the City will establish a density bonus program that is consistent with updated versions of Density Bonus Law. B. The proposed Ordinance was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the proposed Ordinance and environmental review on September 5, 2018, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council approve Planning Application No. LR17-1551 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the application hereby finds, determines and declares that: A. The proposed Ordinance is in conformance with the City of Temecula General Plan and with all applicable requirements of State law and other Ordinances of the City; The proposed Ordinance conforms to the City of Temecula General Plan in that it implements Program 4 of the General Plan Housing Element which identified that the City will establish a density bonus program that is consistent with the updated versions of Density Bonus Law. Additionally, the proposed Ordinance implements the following goals and policies contained in the 2014-2021 Housing Element. Policy 1.2, 2.1, 2.2 and 5.2 related to the development of a range of housing types in the City, promoting housing opportunities that accommodate the needs of all income levels of the population, and supporting the development of affordable housing. Section 3. Environmental Compliance. The proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) as there is no possibility that this Ordinance would have a significant impact on the environment pursuant to State CEQA Guideline Section 15061(b)(3). More specifically, this Ordinance merely incorporates State law, allowing applicants to seek a density bonus pursuant to Government Code Section 65915. Section 4. Recommendations. The Planning Commission of the City of Temecula recommends that the City Council adopt the proposed Ordinance which amends the density bonus provisions of the Development Code, in substantially the same form as attached hereto as Exhibit "A." PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5t" day of September 2018. Gary Youmans, Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 18- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5t" day of September 2018, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary ORDINANCE NO. 18- AN ORDINANCE OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ADOPT REGULATIONS TO CONFORM WITH DENSITY BONUS LAW (CALIFORNIA GOVERNMENT CODE SECTION 65915), AND FINDING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the State Legislature has declared that the lack of housing, including providing for a variety of housing types for all income levels and special needs groups, is a critical problem that threatens the economic, environmental, and social quality of life in California. WHEREAS, Government Code Section 65583 requires that the City's Housing Element address governmental constraints to the development of housing, including providing for a variety of housing types for all income levels. WHEREAS, the City Council of the City of Temecula adopted the City's 2014- 2021 Housing Element on January 28, 2014. WHEREAS, Government Code Section 65915 requires that local governments adopt procedures for processing a density bonus application. WHEREAS, Government Code Section 65915 requires that local governments grant a density bonus to applicants for housing developments where the applicant agrees to reserve a specific percentage of the total units as affordable housing or senior housing, in accordance with the requirements of Section 65915. WHEREAS, the City's Development Code already allows for density bonuses and development concessions for senior and affordable housing, but Program 4 of the City's 2014-2021 Housing Element provides that the City will establish a density bonus program that is consistent with updated versions of Density Bonus Law. WHEREAS, the Legislature recently amended Government Code Section 65915 to clarify certain provisions of Density Bonus Law, and the City wishes to update the Development Code to ensure consistency with State law and clarify how to implement the density bonus program. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: 1 A. The Planning Commission considered this Ordinance on September 5, 2018, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support of or against this matter. B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 18- recommending approval of the Ordinance by the City Council. C. The City Council, at a regular meeting, considered the Ordinance on September 25, 2018, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or against this matter. D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. SECTION 2. Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendment hereby makes the following findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: A. This Ordinance is consistent with State Housing Law, the Temecula 2014- 2021 Housing Element, and the Temecula General Plan. This Ordinance clarifies the City's density bonus provisions to conform to the requirements of California Government Code Section 65915. B. The proposed Ordinance amends portions of Title 17 of the Temecula Municipal Code to conform with State Density Bonus Law and with the goals, policies, programs, and guidelines of the City's General Plan. Specifically, the Ordinance implements the following goals and policies contained in the City's 2014-2021 Housing Element: 1. Policy 1.2 Encourage residential development that provides a range of housing types in terms of cost, density, and type, and presents the opportunity for local residents to live and work in the same community by balancing jobs and housing types; 2. Policy 2.1 Promote a variety of housing opportunities that accommodate the needs of all income levels of the population, and provide opportunities to meet Temecula's fair share of extremely low-, very low-, low- and moderate-income housing by promoting the City's program of density bonuses and incentives; 3. Policy 2.2 Support innovative public, private, and nonprofit efforts in the development of affordable housing, particularly for special needs groups; 2 4. Policy 5.2 Support efforts to ensure that all income segments of the community have unrestricted access to appropriate housing. C. The housing developments that would be authorized by this Ordinance would be established and maintained in a manner consistent with the General Plan, specifically the policies described above, and all applicable provisions therein. SECTION 3. Footnote 1 in Table 17.06.040 (Development Standards - Residential Districts) of Section 17.06.040 (Development Standards.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows, with all other sections of Section 17.06.040 to remain the same: "The allowed density for a particular project may exceed the maximum densities stated herein, as required by California Government Code Section 65915 and Section 17.10.020 of this Title." SECTION 4. Section 17.34.010 (Definitions and illustrations of terms.) of Chapter 17.34 (Definitions of terms) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to revise the definition of "Density bonus" as follows, with all other definitions and provisions to remain the same: ""Density bonus" means the density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. The amount of density increase to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subdivision (b) of California Government Code Section 65915." SECTION 5. Subsection "M" of Section 17.10.020 (Supplemental development standards) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended in its entirety to read as follows, with all other subsections of Section 17.10.020 to remain the same: W. Senior Housing/Congregate Care Facilities. Senior housing and congregate care facilities are permitted in the zoning districts identified in the land use tables, subject to the approval of a development plan. Senior housing and congregate care facilities shall comply with the following: 1. Senior housing shall comply with all the provisions of the development code, unless modified by the following provisions: a. The maximum densities for senior housing are as follows: 3 i. In the high density residential zoning district and the community commercial, highway tourism, service commercial and professional office zoning districts, the maximum density shall be 30 units per acre. ii. In the medium density residential zoning district and the neighborhood commercial zoning district, the maximum density shall be 20 units per acre. iii. In the low medium residential zoning district, the maximum density shall be eight units per acre. b. The net livable area for each dwelling unit shall not be less than four hundred square feet for an efficiency unit, five hundred fifty square feet for a one- bedroom unit, and seven hundred square feet for a two-bedroom unit. Kitchenettes may be permitted, provided they are sized to meet the immediate needs of the occupants of the unit. C. Senior housing shall comply with the requirements for senior housing developments set forth in Civil Code section 51.3 et seq. 2. Congregate care projects shall comply with all the provisions of the development code unless modified by the following provisions: a. The maximum densities for congregate care facilities are not limited specifically to density requirements so long as all the site development standards are met (i.e., required setbacks, parking, landscaping, open space, etc.). b. The disabled units shall comply with the standards set forth in Title 24 of the California Code of Regulations. 3. The provisions of this subsection shall apply to all approved specific plans within the City of Temecula, unless the specific plan contains specific standards for the type of housing being considered." SECTION 6. A new subsection "Q" is hereby added to Section 17.10.020 (Supplemental development standards.) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code: "Q. Density Bonus Law. 1. In addition to any other review required for a proposed housing development, applications for a density bonus shall be filed with the planning director on a form approved by the director. The application shall be filed concurrently with an application for a development plan review or administrative approval. At the time the application is submitted, the applicant shall pay a density bonus application fee, established by resolution of the City Council. 2. City staff shall process the application for a density bonus in the same manner as, and concurrently with, the application for a development plan review or administrative approval that is required by this Code. 4 3. The applicant shall submit reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios. 4. For a housing development qualifying pursuant to the requirements of Government Code Section 65915, the City shall grant a density bonus in an amount specified by Government Code Section 65915. The density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus. The amount of the density bonus shall not exceed 35 percent. 5. For the purpose of calculating the density bonus, the "maximum allowable residential density" shall be the maximum density allowed under the zoning ordinance and land use element of the general plan, or, if a range of density is permitted, the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the maximum density allowed in the general plan shall prevail. 6. The City shall grant the applicant the number of incentives and concessions required by Government Code Section 65915. The City shall grant the specific concession(s) or incentive(s) requested by the applicant, unless it makes any of the relevant written findings stated in Government Code Section 65915(d). Senior citizen housing developments that qualify for a density bonus shall not receive any incentives or concessions, unless Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments. 7. The applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it finds that: a. The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant; b. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; 5 C. The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or d. The waiver or reduction of the development standard would be contrary to state or federal law. 8. The applicant shall comply with all requirements stated in Government Code Section 65915. 9. The applicant shall enter into an agreement with the City to ensure the continued affordability of all affordable units or the continued reservation of such units for qualifying senior citizens. Prior to receiving a building permit for any project that receives a density bonus or any incentive, concession, waiver, or reduction of development standards pursuant to this section, such agreement shall be recorded as a covenant against the property. 10.An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under Government Code Section 65915. 11.The provisions of this subdivision shall be interpreted to fulfill the requirements of Government Code Section 65915. Any changes to that Section 65915 shall be deemed to supersede and govern any conflicting provisions contained herein." SECTION 7. Environmental Findings. The City Council hereby finds, in the exercise of its independent judgment and analysis, that this Ordinance is exempt from the California Environmental Quality Act (CEQA) as there is no possibility that this Ordinance would have a significant impact on the environment pursuant to State CEQA Guideline Section 15061(b)(3). More specifically, this Ordinance merely incorporates State law, allowing applicants to seek a density bonus pursuant to Government Code Section 65915. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. SECTION 8. Severability. If any section subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. SECTION 9. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. 6 SECTION 10. Effective Date. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of 2018. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] 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 Ordinance No. 18- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , 2018, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of 2018, the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk 7 Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: 1989 CASE NO: LR17-1551 DENSITY BONUS ORDINANCE APPLICANT: City of Temecula PROPOSAL: A proposed amendment to the City of Temecula Development Code to adopt regulations to conform to Density Bonus Law (Govt. Code § 65915) which requires that local governments grant density bonuses to applicants if housing development projects meet specific requirements. RECOMMENDATION: That the Planning Commission of the City of Temecula adopt a resolution recommending that the City Council of the City of Temecula adopt an ordinance to amend the City's Development Code and incorporate regulations to be consistent with State Density Bonus Law. ENVIRONMENTAL: Pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. ("CEQA")), and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), the proposed project is exempt from CEQA as there is no possibility that this Ordinance would have a significant impact on the environment pursuant to State CEQA Guideline Section 15061(b)(3). More specifically, this Ordinance merely incorporates State law, allowing applicants to seek a density bonus pursuant to Government Code Section 65915. CASE PLANNER: Matt Peters, Senior Planner, (951) 694-6408 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: September 5, 2018 TIME OF HEARING: 6:00 p.m. The complete agenda packet (including any supplemental materials) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website—TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center(41000 Main Street, Temecula), 8:00 a.m.—5:00 p.m. In addition, such material will be made available on the City's website—TemeculaCA.gov —and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400.