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HomeMy WebLinkAbout010506 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 43200 BUSINESS PARK DRIVE January 5, 2006 - 6:30 P.M. ***...** Next in Order: Resolution No. 2006-01 CALL TO ORDER Flag Salute: RollCall: Commissioner Harter Chiniaeff, Guerriero, Harter, Telesio and Mathewson PUBLIC COMMENTS . A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should 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 must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three (3) minute time limit for individual speakers. CONSENT CALENDAR NOTICE TO THE PUBLI~ 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. 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of November 16, 2005 . 1.2 Approve the Minutes of December 7,2005 " ~~;;:o~~o~ ';.oB;llil.l\i!@\<>MM\~,92.iltlas~og:~e:j;ll5~o6,docc . . ..._-.,~~ - .....--.-- .~""...,-; ,COMMISSION' BUSINESS . i~:1"i~:~';""- -":';.:':.. ,'," L _ _ '. PUBLIC ,HEARING ITEMS Anypel'$On may subllllt written comments to thePlarfniri'~"C~inn'ili;Sl~it'b~fore a public hearing or may appear and be heard In suppoitofor!n:'9P'p9$ition to the approval-of theprojEl9t(~) at the time of hearlng.lfyq!-'Challi!lnge 8!1y'ofthe projects In cQurt; YQu,/!Iay ~,Ih:nited to raising QI,lIYi1~~l:!s~;,I~su~!I YOI,I.or;sQ~eone else raised at the p"3blic'hea'rlng or'ln written '!:'orresI19nden~esdellvered to the Commission Secretary at, or prior to, the poblii:-hearing. ') ;,.,. .. ,f'" Any person dissatisfied wJ~h~llY decision of the Planning Commi~siol1 may file an appeal of the Commi~slori;s decision. Saidappeall,llliSt~',filed'wit~ln 15 calelldlllr,days after servl~ of written notice of the decision; nl~StbefU9'dOnt~e approP~,~~'~nnlng Department application and must be' aecompanl~' by the approprlllte 'filing fee. ' Continued from December 7, 2005 2 , Plan nino Agglication ,No., PA04.0462, General Plan Ametldment, ,pA05-03l'l2,';Blar:in~a 'Develooment'(:)vEifiav: 'FlAb4~ii'B3 Cdn'aifional' 'Dse"Pe'rffiit~arf(!fDevelt:Spmei':I~Blan\l\el<<"e~,~ 0571 Parci:!I.!Mso. ':submitted bvUr:iiversal,Hea.lfh ," :SeMces: ,lnc.::,;fotJ'i!\iH(;ie[je'fslinelam, . Ji.menament;.zoneChanps, Cbnditiorllil Use, Pern:\it,DeVi:J16pmEintlRlam:fan~~l1emfiVeJ ! ',,/',8arceLMaQtlj,eoris1ructa'.5fl6i,1:l)0,lfquarefooti,hOsQital, inel'i:idiiil.ctl11ediearricrffi6B'!Iil~ildir.(q&;DA :,'.~:'3'5ia:1';acres.::looatea':0ri;Noithjsiae,6fIili6fiwaV19':SblItlil\amd2s'6iliFi\'Of~l!!}gFlO'H0Ia"RBa'd~!arid 'J ~f~~l:1pr6xTiTllifelVr10lffEietwesfbfMaraaHtaRoad.EJTielV'PapP':'Seniof;PJElrnner7:'!'-'''. . " . ..~-. -", ,':.;" -"\';--' .- - , ,..' ,," . '.' .,- ,.... ',' , : "., 'i." .. -', "~'~',,,~ , . . . " ' . COMMISSIONERS' REPORTS ,! ",'" pUAiilNING :DIRE€l'OR!S,REPORT. ABJOURNMENT ;;,It:i} ..',-, . ';.4" ~. Next regular meElting: Wednesday, January 18, 2006,16:30 PM, Coulilcil.Gf:\ar:t)ber$, ,43200 Business Park Drive, T emecula, .California. , i .:l' . ~ ; . .r.; , , ' "'."-'-'. ') R;\PLAN,cOMMlAgendas\2006\01-oS-06.'doc e . ITEM #1 . . . . MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION NOVEMBER 16, 200S CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:30 P.M., on Wednesday, November 16, 2005, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Per requirements of the Fire Marshal, Chairman Mathewson announced that additional seating will be available in the Main Conference Room. ALLEGIANCE Commissioner Harter led the audience in the Flag salute. ROLL CALL Present: Commissioners Chiniaeff, Guerriero, Harter, Telesio, and Chairman Mathewson. Absent: None. PUBLIC COMMENTS No public comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of November 2, 2005. 2 .Director's Hearino Case Uodate RECOMMENDATION: 2.1 Approve the Director's Hearing Case Update for October, 2005. M(>TION: Commissioner Chiniaeff moved to approve the Consent Calendar. Commissioner Guerriero seconded the motion and voice vote reflected unanimous aooroval. R:\MinutesPC\ 111605 PUBLIC HEARING ITEMS . New Items 3 Planninc ADPlication No. PA04-0462. General Plan Amendment. PA05-0302 Planned DeveloDment Overlav. PA04-0463 Conditional Use Permit and DeveloDment Plan. PA04- 0571 Parcel Map. submitted bv Universal Health Services. Inc.. for a General Plan Amendment. Zone Chance. Conditional Use Permit, Development Plan and a Tentative Parcel MaD to construct a 566.160 scuare foot hosQital. includinc medical office buildincs on 35.31 acres. located on North side of Hichwav 79 South and south of DePortola Road. and aDDroximatelv 700 feet west of Marcarita Road By way of PowerPoint Presentation, Senior Planner Papp presented the Planning Commission with a staff report (of written record), advising that subsequent to the preparation of the agenda report and packet of this meeting, two additional letters and three emails were received concerning the proposed project. For the Planning Commission, Director of Public Works Hughes stated that all street improvements along 79 South, the intersection at 79 South, and the driveway on De Portola will be in the first phase, except for the Dartolo Road connection. With regard to helicopter flights, Mr. Papp noted that the type of license that the applicant will be applying for would allow an average of one flight to six flights a month and that the perimeter landscaping will have 24-inch box and 15-gallon trees installed. . By way of PowerPoint Presentation, Ms. Laura Stetson, representing P&D Consultants, presented the Environmental Impact Report (of record), highlighting the following: . Impacts considered but found to be less than significant o Aesthetics - scenic highways and visual character or quality o Air Quality - construction odors and consistency with adopted plans and policies o Hydrology and water quality o Land Use Planning o Noise - construction, ground-borne vibration, traffic-related noise, sirens, loading dock activities, trash pick-up, landscape maintenance, future exteriorlinterior noise environment . Potentially Significant Impacts that can be mitigated o Aesthetics - Light and glare o Noise - Operational impacts (mechanical yard, emergency generators, mechanical equipment, rooftop equipment) o Transportation - Project impacts . Unavoidable Significant Impacts o Short-term, long-term, and cumulative air quality impacts o Noise impacts associated with the maximum potential number of emergency helicopters flights o Cumulative traffic and circulation impacts . R:\MinutesPC\ 111605 2 . Ms. Stetson stated that given all the information, and as part of the approval process, if the Planning Commission were to recommend and the City Council were to approve the project with these significant unavoidable impacts, a finding must be made that the project benefits out-way the unavoidable significant affects (as noted below) associated with construction and operation of the hospital. . That the proposed hospital will provide negessary medical services to the local community including Emergency Acute/Outpatient and Cancer Medical care and rehabilitation . That the proposed hospital will provide the region with new employment opportunities for highly trained medical staff and medical service workers . That the proposed hospital will support diversification of Temecula's Economic and Employment base including and not limited to the biomedical research and office facilities that would be on site . That the Temecula Regional Hospital will be centrally located with access from a major roadway to best serve the medical service needs of local residence as well as the region. Commissioner Chiniaeff asked the applicant how the noise concern of sirens at night will be addressed. . For Commissioner Chiniaeff, City Attorney Thorson stated that because staff does not have all the responses to the numerous comments that were received from private parties, the Planning Commission will be asked to continue this item to the December 7, 2005, Planning Commission meeting; at that time, staff will be addressing concerns of the Planning Commission as well as concerns from speakers. For the Planning Commission, Director of Planning Ubnoske stated that all questions and comments will be addressed at the December 7, 2005, Planning Commission meeting. Mr. Scott Crane, Director of Business Development for Riverside County for Universal Health Services and Ms. Linda Bradley, CEO and Managing Director of Southwest Health Care System (consisting of Inland Valley Medical Center and Rancho Springs Medical Center) spoke in favor of the proposed project, offering the following: . That in light of the size of the City and considering its anticipated growth, this City should have a high-quality, state-of-the-art hospital . That a hospital would be a key facility in providing health care services to citizens of Temecula . That Temecula Valley is currently served by two Universal Health Service Hospitals, Rancho Springs Medical Center and Inland Valley Regional Medical Center, both part of Southwest Health Care System; that Rancho Springs Medical Center (closest emergency room to the proposed site) is approximately eight miles north of the hospital . project for Temecula R:\MinutesPC\111605 3 . That both current hospitals regularly operate at above 90% capacity for its average daily . census; that the health care team desires and needs the proposed hospital; and that currently patients are treated in hallways because the community and demand for medical services has exceeded the design capacity of the current facilities . That Universal Health Services will be investing more than $50 million in expanding the two existing hospitals to add beds and rooms, an open heart and cardiac unit at Inland Valley Medical Center, O.B. Department at Rancho Springs, including a neo-natal intensive care unit, and doubling and tripling the size of the current emergency room . That expansions of Inland Valley Regional Medical Center and Rancho Springs will not be able to accommodate the current demand . That in the event of a natural disaster, the community will not have the facilities to adequately handle a natural disaster or national security event . That although other properties were considered, it was determined that the 79 South corridor is properly configured with appropriate access . That for years Southwest Health Care Systems has proven to be a good corporate citizen for the community . That if the proposed project were approved, the hospital will be providing high-quality services easily accessible to Temecula residents who will no longer have to travel long . distances to receive such care . That the hospital design will be based on clinical needs and patient-care concerns; that departments that need to be close to each other for optimum critical patient care are the emergency departments, x-ray, and surgery; that out-patient services tend to flow horizontally within a hospital and in-patient services tend to flow vertically; that additionally, loading dock functions, materials management, and other support services are all areas that have primary relationships to the first-floor functions; and that departments such as administration, Human Resources, and Education are also located on the first level, to enable access from the public while maintaining secured areas on the non-public side of the hospital, including patient care towers . That patient rooms will be designed in stacking order, similar to a hotel; that typical bed floors operate most efficiently at 34 to 38 patient rooms per floor; for initial construction of the 170 beds; that the project will dictate five floors of patient rooms above the first floor of the whole facility; thereby, defining the project as a 6-story bed tower . That the State limits the distance hospital staff may travel from a nurse station to the patient room to 90 feet which, in turn, has an affect on how large a bed floor may be designed in order to maintain practical efficiency; that State code requires that all patient rooms have an exterior window; that with 170 beds, the amount of exterior wall needed to ensure that code requirements are met will dictate multiple levels of patient floors . R:\MinutesPC\111605 4 . . . . That after establishing a need for a multilevel tower, the location of the hospital tower will be determined by how the tower will relate to internal functions; and that the key criteria for locating the bed tower will be dictated by the proximity of the critical core departments, ER, Imaging, and surgery . That in the design of the Temecula Hospital, the core elevators are located centrally among the core departments and central to the first-level floor plan; that optimum patient transfer efficiency will be achieved with the central core; that if you were an in-patient in the hospital, one would desire to be closer to the elevators so that one could get to the needed services faster . That mechanical, electrical, and plumbing systems are more efficiently designed with the central tower which lead to faster construction and help provide quality health care sooner . That if the proposed hospital were designed with shorter bed towers, patients would have a longer distance to access needed critical services and, therefore, taking longer to get life-saving services to patients . That the hospital project will bring between 1,000 and 1,200 new local jobs and will eliminate long commutes; and that the hospital will also bring two medical office buildings, one that will be built prior to the hospital, providing outpatient hospital services such as outpatient care, x-ray and lab, physical therapy as well as physician offices . That the hospital will bring medical and surgical services, an intensive care unit, eight operating rooms, lab and x-ray, and an emergency department that will be able to assist more than 40 patients at one time . That the hospital will not be designated as a trauma center . That when the hospital will be built, it will be one of the top three employers and tax payers in the City of Temecula . That the applicant is aware of the concerns of the helipad but that the helipad would only be used to transport critically injured or ill patients to a specialty hospital . That the patient care tower will allow for a future planned expansion if necessary, with no need to expand infrastructure; therefore, expansion may occur rapidly to meet the needs of the community . That the proposal including a complete plan for the hospital with no hidden parts and/or no changes contemplated down the road for the hospital . That with the recommendation of the Planning Commission to the City Council and the City Council's approval, Universal Health System will deliver a hospital. R:\MinutesPC\ 111605 5 In response to Commissioner Chiniaeff's concern regarding the sound of sirens at night, Mr. . Crane stated the construction of a hospital would not create more ambulance runs; that ambulance runs are currently based on population, that ambulance needs occur whether there is a hospital or not; and that it would be the destination of the ambulance that would cause the siren. Referencing Chairman Mathewson's question regarding doubling up on nurses station to reduce the height of the towers, Ms. Stetson advised that doubling nurses station to have broader patient towers and less stories would result in a longer distance to get a patient to emergency services; that it is very important to have patient care floors be the perimeter in order to provide shorter distance times from the furthest patients out to the central core down to the emergency services; and that higher towers, with less square footage, would be best for patient care. For the Planning Commission, Mr. Crane stated that a designation for a trauma center would be designated by the County, not Universal Health Systems. Ms. Stetson informed the Commission that because sudden and unanticipated changes in patient's conditions occur, it would be difficult to determine how patients are placed in a hospital. It was also stated for the Commission that the State and County regulate the disposal of hazardous materials. Mr. Crane advised that Universal Health Systems explored other construction sites but that the sites were not adequately designed to meet the needs of the hospital. . In response to Chairman Mathewson's query, Mr. Crane stated that typically the number of helicopter flights would relate to emergency room visits; that there will be occasions when conditions will change with a patient which would require relocation and that if the hospital were to exceed the maximum number of helicopter flights allowed, a viable alternative would be to ground transport patients to Inland Valley Regional Medical Center (Trauma Center) from a critical care ambulance transfer and helicopter transport the patient from there. Chairman Mathewson thanked Mr. Crane and Ms. Stetson for their report. At 8:00 p.m., the Planning Commission recessed for a 15-minute break. At 8:15 the Planning Commission resumed with the meeting. At this time the public hearing was opened. The following individuals spoke in favor of the proposed hospital project: . Dr. Russ Hatt . Dr. Kevin Flaig, Murrieta . Dr. Edward Pillar, Murrieta . Ms. Linda Maxwell, Temecula . Mr. Charles V. Bahr, Corona . Ms. Joan Sparkman . Mr. Rick Meyer . . Ms. Leah Patterson, Murrieta . Ms. Tomi Arbogast, Temecula R:\MinutesPC\ 111605 6 . . Ms. Vanessa Ruelas . Mr. Roger Ziemer, Temecula . Ms. Alice Sullivan, Temecula . Mr. Dennis Frank, Temecula . Mr. Michael Murphy, Canyon Lake . Ms. Rene Aberle, Murrieta . Ms. Debbie Parker, Temecula . Janis Rustard, Temecula . Mr. Mark Nelson, Temecula . Dr. Brett Ginther, Fallbrook . Dr. Reza Vaezazizi, Temecula . Ms. Debbie Moss, Temecula . Ms. Barbara Lasko-Hoellinger, Temecula . Ms. Chesi Levy, Temecula . Ms. Susan Wildgoose, Temecula . Ms. Linda Barr, Murrieta . Mr. Norm Everett, Temecula MOTION: Commissioner Guerriero moved to extend the meeting time to 10:30 p.m. Commissioner Chiniaeff seconded the motion and voice vote reflected unanimous aooroval. . . Ms. Trisha Heide, Temecula . Ms. Justine Castro, Temecula . Mr. David Moorhead, Temecula The above mentioned individuals spoke in favor of the proposed project for the following reasons: . That Universal Health System is committed to quality patient care . That there are not enough beds at the current hospitals to provide the health care needs of the community . That the expansion efforts of Rancho Springs Medical Center and Inland Valley Regional Medical Center will only help with the current over crowding issues . That true adequate future health care coverage could only be obtained with building the proposed hospital project . That in terms of an emergency, minutes are critical . That to avoid a local health care crisis, the proposed project must be built . That if the proposed project were not approved, the health of the public will be in jeopardy . That the combined yearly volume of patient visits at Rancho Springs Medical Center and . Inland Valley Regional Medical Center would be over 60,000 patients a year R:\MinutesPC\ 111605 7 . That the City of Temecula needs and deserves a state-of-the-art hospital . . That the diversity and accessibility of the helicopters would make medical operations more capable . That good emergency care is needed in the Temecula Valley . That the current and future growth of Southwest California and Temecula Valley requires that a state of the art hospital be a key component in the community . That the health and well being of Temecula citizens depend greatly on the ability for pave the way for such facilities to be built . That considering the projected population growth of the combined cities of Temecula and Murrieta will exceed 200,000 within the next 10 years, it will require immediate action and approval of this hospital facility . That any delay in approving the proposed project will have profound impacts on the region's ability to grow, prosper, and meet future health care needs of the community . That while Temecula's population has tripled since incorporation, the City of Temecula and its outlined region cannot rely on medical facilities at its immediate service areas . That in the event of a major catastrophe access to Murrieta or Wildomar may not be . available . That Southwest Healthcare System will be committed to developing a state-of-the-art facility to serve the need of the community . That although the services at Inland Valley Regional Medical Center and Rancho Springs Medical Center are excellent, the facilities are inadequate to deal with the current growth as well as the future growth . That Universal Health System is a great organization to work for and will provide high- quality cost-effective, coordinated health care services to the Temecula Valley. The following individuals spoke in ODDosition of the proposed hospital project: . Mr. Brad Storman, Temecula . Ms. Gloria Smith, Murrieta . Mr. Matt Hagemann, San Marcos . Mr. Don Stowe, Temecula . Mr. Jerry Toliver, Temecula . Mr. Richard Anderson, Temecula . Mr. Kenneth Ray, Temecula . Mr. Don Brown, Temecula . Mr. Raymond Bennett, Temecula . Mr. George Di Leo, Temecula . R:\MinutesPC\ 111605 8 . . . The above mentioned individuals spoke against the proposed project for the following reasons: . That the Environmental Impact Report (EIR) has not completely addressed the noise traffic impacts that the proposed project will bring . That a block wall installed between the proposed project and nearby residents would significantly reduce the noise impacts that will be created by the proposed hospital . That the EIR should include estimated number of helicopter flights and its associated noise . That the EIR does not describe the project . That the EIR does not analyze the reasonable/feasible impacts . That the residents surrounding the proposed site are of the opinion that the City could mitigate the noise impacts to the homes by installing a brick wall along DePortola Road and Pio Pico Road, advising that this would be a simple, inexpensive, and affective opportunity to reduce the noise impacts . That the surrounding residents are concerned with the additional impacts that the hospital will have on Pio Pico Road . That the EIR does not address leaking underground fuel tanks from nearby gas stations that are contaminating ground water and moving toward the hospital site; and that the EIR must address all issues regarding leaking underground fuel is warranted under the law and requires the preparation of an EIR . That the EIR only addresses a fraction of the significant impacts associated with the proposed project . That the EIR has failed to address hazardous waste materials and geology . That in review of documentation obtained from the Regional Water Quality Control Board's website, there are gas stations leaking plumes to the area of the proposed project; and that a Methyl Tertyl Butyl Ether (MTBE) gasoline additive has been detected in the drinking water along the southern boundary of the proposed hospital site . That further evaluation of the proposed site and a revised EIR would be necessary to ensure hospital water and patient safety; that sampling of ground water should be granted in the vicinity of the proposed hospital to ensure that the water supply well will be protected; and that any necessary clean-up should be conducted prior to construction . That the proposed hospital is located in a liquefaction hazard zone; that the Riverside County Geologist has designated this area as very high potential for liquefaction; and that maps indicate that a study will be required prior to a public hearing for the project entitlement . That although residents agree with the need for a hospital in the community, it will have a negative impact on the surrounding residences R:\MinulesPC\ 111605 9 . That surrounding residents of the proposed project are concerned with traffic problems . as a result of the DePortola Road access; and that a No access on DePortola Road would be preferred . That noise from sirens would be a safety issue for equestrian-type activities that occur around the area . That the proposed project will lower property values and destroy the rural setting of the community . That visual tranquility will be destroyed with the lights and tower height of the proposed hospital . That Los Ranchitos and Santiago Rancho Estates represent equestrian areas within the City of Temecula; that the streets in the area are narrow rural residential streets without cement curbs, sidewalks, and street lights; and that the streets cannot handle the daily cut-through traffic that will be generated by a DePortola entrance . That the proposed height of the hospital site will be unacceptable . That the applicant of the proposed hospital must make reasonable modifications to better conform to the City's height limits. MOTION: Commissioner Chiniaeff moved to continue Item No.3 to the December 7, 2005, Planning Commission meeting. Commissioner Guerriero seconded the motion and voice vote . reflected unanimous aooroval. Commissioner Guerriero thanked the doctors and nurses who spoke on behalf of the hospital. COMMISSIONERS' REPORTS Commissioner Chiniaeff advised the Commission that he will not be in attendance of the December 7,2005, Planning Commission meeting due to him being out of the Country. PLANNING DIRECTOR'S REPORT Referencing the selection process and reappointments of Commissioners, Deputy City Manager Thornhill, advised the Planning Commission that at some point in the future, staff will ask the Commission for their thoughts with regard to the selection and reappointment process. Director of Planning Ubnoske advised that the Planning Commission meetings for the month of December 2005 will be December 7 and December 14, 2005, advising that that December 21, 2005, will be cancelled. . R:\MinutesPC\ 111605 10 . . . ADJOURNMENT At 10:21 P.M., Chairman Mathewson formally adjourned this meeting to the next reoular meetinq to be held on December 7. 2005 at 6:30 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. Dave Mathewson Chairman Debbie Ubnoske Director of Planning R:\MinutesPC\ 111605 11 .. :. ! '. MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION DECEMBER 7, 2005 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:30 P.M., on Wednesday, December 7, 2005, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE Commissioner Harter led the audience in the Flag salute. ROLL CALL Present: Commissioners Guerriero, Harter, Telesio, and Chairman Mathewson. Absent: Chiniaeff . PUBLIC COMMENTS A. Mr. Chris Donelli, Temecula, queried on the status of the proposed residential development surrounding the Vail Lake property. Referencing Mr. Donelli's query, Chairman Mathewson stated that he would need to contact the County for any status information regarding the proposed residential development surrounding the Vail Lake property, advising that the proposed property is out of the jurisdiction of the City. CONSENT CALENDAR PUBLIC HEARING ITEMS Continued from November 2, 2005 Due to the applicant not being able to attend this meeting, staff requested that Item No. 1 be continued to the December 14, 2005, Planning Commission meeting. MOTION: Commissioner Guerriero moved to continue Item NO.1 to the December 14, 2005, Planning Commission meeting. Commissioner Telesio seconded the motion and voice vote reflected approval with the exceDtion of Commissioner Chiniaeff who was absent. 1 Plannino Aoolication No. PA05-0064. a Develooment Plan, submitted bv Matthew Faaan. for a Comprehensive Sian Proaram for the Maroiirita Crossinas shopoina center on 5.56 acres. located on the southwest corner of Maroarita Road and Overland Drive Staff is requesting that Item No. 2 be continued to the December 14, 2005, Planning Commission. R\MinutesPC\ 120705 MOTION: Commissioner Telesio moved to continued Item No.2 to the December 14, 2005, . Planning Commission meeting. Commissioner Guerriero seconded the motion and voice vote reflected approval with the exceotion of Commissioner Chiniaeff who was absent. 2 Plannina Apolication No. Planninp Application Nos. PA05-0155 a Pedestrian Plan and Sion Prooram. submitted bv Allen Robinson. on a 0.55 acre site for Butterfield Souare. located at the southeast corner of Old Town Front Street and Third Street Continued from November 16, 2005 Staff is currently in the process of finalizing the responses to the general public and comment letters and therefore requested a continuance of Item No.3 to the December 5, 2005, Planning Commission meeting. MOTION: Commissioner Guerriero moved to continue Item No. 3 to the December 5, 2005, Planning Commission meeting. Commissioner Harter seconded the motion and voice vote reflected approval with the exceotion of Commissioner Chiniaeff who was absent. 3 Plannino Aoolication No. PA04-0462. General Plan Amendment PA05-0302 Planned Develooment Overlav. PA04-0463 Conditional Use Permit and Develooment Plan. PA04- 0571 Parcel MaD. submitted bv Universal Health Services. Inc.. for a General Plan Amendment Zone Chanae. Conditional Use Permit Develooment Plan and a Tentative Parcel MaD to construct a 566.160 sauare foot hosDitaL includino medical office buildinos on .;35.31 acres., located on North side of Hiohwav 79 South and south of DePortola Road, and aooroximatelv 700 feet west of Maraarita Road COMMISSIONERS' REPORTS . No reports at this time. PLANNING DIRECTOR'S REPORT No reports at this time. ADJOURNMENT At 6:38 P.M., Chairman Mathewson formally adjourned this meeting to the next reoular meetinq to be held on December 14. 2005 at 6:30 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. Dave Mathewson Chairman Debbie Ubnoske Director of Planning . R:\MinutesPC\ 120705 2 . ITEM #2 . . . . . CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Emery J. Papp, AICP, Senior Planner January 05, 2006 Temecula Regional Hospital: PA04-0462, General Plan Amendment; PA05- 0302, Zone Change (Planned Development Overlay); PA04-0463, Development Plan and Conditional Use Permit; PA04-0571, Tentative Parcel Map BACKGROUND On November 16, 2005, a Public Hearing was held before the Planning Commission to present the comprehensive T emecula Regional Hospital Project, the associated applications that will require City Council approval, the Environmental Impact Report (EIR) that was prepared for this project, and to take public testimony concerning the proposal and the EIR. The Planning Commission was informed by the EIR consultant and staff that the responses to written comments on the EIR had not yet been completed, and the Planning Commission determined that a continuance would be in order to review the entire record prior to making a recommendation to the City Council. It was determined that the public hearing would be continued to the next regular meeting of the Planning Commission on December 7, 2005. It was also recommended that the City Council meeting, originally scheduled for November 22, 2005, be continued to December 13, 2005. Chairman Mathewson then opened the hearing for public comment. A total of 46 people submitted Request to Speak forms. Of these, 39 people spoke, 29 in favor and 10 against the proposed project. During the public testimony portion of the public hearing, new evidence was presented with regard to potential leaking underground storage tanks and the potential for these to contaminate groundwater and an existing Rancho California Water District well site adjacent to the project site. The California Environmental Quality Act requires jurisdictions to evaluate the impacts of a project on the environment, and not the impacts of the environment on the project. This pre-existing condition has been monitored by the State of California and it is the sole responsibility of the owners of the Leaking Underground Storage Tanks to remediate the conditions. As a result, staff does not consider this to be an environmental impact that should be addressed in the EIR. Staff and the EIR consultant have prepared responses to Agency comments and general public comments. CEQA requires local jurisdictions to respond in writing to Agencies that provided comments on the Draft ErR no less than 10 days prior to the City Council's certification of the EIR. The City sent written responses to the Public Agency comments on November 12, 2005. Under CEQA, the City is not required to provide written responses to general public comments, or comments that were received after the Public Review period has closed. The City, however, has chosen to respond to all comments received up to and at the public hearing held on November 16,2005. The responses to comments are included as Attachment NO.1 to this staff report. R:\C U P\2004\04-Q463 Temecula Regional Hospital\PC 01-OS-Q6\PC MEMO 01-0S-Q6.doc , The responses to comments clearly demonstrate that the EIR and the Technical Appendices . have satisfactorily addressed all of the concerns raised by Agencies and the general public through the public review process. While some of the commenting public may disagree with the analyses contained in the EIR, staff believes that with the responses to comments, the EIR is sound and meets the State CEQA Guidelines requirements for disclosure of public information. The EIR states that there will be Unavoidable Significant Impacts created by this project that cannot be mitigated to a level that is less than significant. State Law, in particular the California Environmental Quality Act, permits a local jurisdiction to approve a project having Unavoidable Significant Impacts, provided the local jurisdiction discloses this information in the EIR and can make the findings for a Statement of Overriding Consideration. These Findings and a Statement of Overriding Consideration are contained in the Staff Report of record for the November 16, 2005 Planning Commission meeting as Exhibit A of Attachment 2 which allows the City Council to render a decision to approve the applications put forth by Universal Health Services of Rancho Springs, Inc. and to certify the EIR. The Planning Commission meeting which was originally continued to December 7, 2005 was convened and once again continued to allow the EIR consultant and staff to have additional time to complete the responses to the extensive comments presented at the November 16, 2005 Planning Commission meeting. As a result, the Planning Commission approved a motion to continue this item to January 5, 2006. Staff has now finalized the responses to the general public comment letters. ISSUES RAISED AT THE NOVEMBER 16, 2005 PLANNING COMMISSION HEARING Phasinq . The project is broken down into five project Phases. The construction schedule, however, is broken out into three phases. The first construction phase will include the project's Phase 1A and will consist of grading, clearing, and constructing Medical Office Building (MOB) No.2 and surface parking. This phase is expected to last 10 months. The second construction phase will include Phase 1 B and will include the one-story hospital, six-story bed tower, and additional surface parking. This phase is expected to last 14 months. The third and final construction phase will consist of project Phases, II, III, IV and V and will include the second hospital bed tower, MOB No.1, Cancer center, Fitness center, and additional surface parking. This final construction phase is expected to last 12 months.. Traffic Staff has re-evaluated some of the traffic impacts associated with the approval of this project. Originally the City felt that providing a "second phase" connection to Margarita Road via Dartolo Road would be a good alternative that may lessen concerns regarding the project's driveway access on to De Portola Road. The EIR analyzed the Dartolo Road access alternative and found that the connection actually creates a significant traffic impact. The traffic impact is an operational problem created by adding additional turning movements to the Dartolo Road! Margarita Road intersection. The . Dartolo Road / Margarita Road intersection is too close to the Margarita Road / Route 79S intersection and there is not enough vehicle stacking distance in the Margarita Road turn pockets to accommodate the additional project turning movements. The Dartolo Road connection to Margarita Road would result in the intersection's break down and forces the R:\C U P\2OO4\04-Q463 Temecula Regional Hospital\PC 01..QS.06\PC MEMO 01.0S-QS.doc 2 '. !. i , i I . signal's removal at an earlier date. The EIR has clearly shown that the De Portola Road driveway access has no significant traffic impacts. For these reasons staff is recommending that the condition of approval for the Dartolo Road access to Margarita Road be removed. By removing this condition of approval, no further biological studies will be required. Furthermore, staff concurs that there is no need for traffic mitigation on Pio Pico. Staff believes that the traffic consultant's observation that Pio Pico would not serve as a route for Hospital access is correct. To mitigate the concern that traffic may be encouraged to use Pio Pico, the City required that the DePortola Road access does not align with Pio Pico and has been moved to the east of Pio Pico. Even if a very large percentage of the project's traffic would use Pio Pico, this would not cause the Level of Service for this roadway segment to exceed the City's goal of Level of Service "D". Alternative Sites Two additional sites were discussed as potential locations for the proposed hospital. The first is a 32-acre property west of Diaz Road and north of Dendy Parkway which is owned by the Redevelopment Agency of the City of Temecula. The Agency has entered into a Disposition and Development Agreement for the sale of this property to the AGK Group, LLC for the development of a mixed-use project that includes a higher education center, approximately 280 apartment units, of which 50 are reserved for affordable housing, retail, a conference facility, and a child care facility. The City also has a development agreement in place with the developer of this project and also has approved plans for the project. The project is in the building plan check phase at the present. This site is, therefore, not available for the hospital. A second site is a property west of 1-15 at 79S, which was purchased for the sole purpose of upgrading the 1-15!79S interchange. The property is approximately 30 acres, but less than 20 acres is out of the flood zone. The property will have limited access after the interchange work is done. The property was purchased with regional transportation funds and the City has a contractual obligation to use the property for the interchange improvements. This site is, therefore, not available for the hospital. RECOMMENDATION Staff recommends that the Planning Commission review and accept the responses to comments as adequately addressing the concerns raised by reviewing agencies and the general public, and recommend that the City Council of the City of Temecula certify the EIR for this project and approve the following: PC RESOLUTION NO. 06-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA, CALIFORNIA, RECOMMENDING THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TEMECULA REGIONAL HOSPITAL AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE TEMECULA REGIONAL R\C U P\2004\04-o463 Temecula Regional Hospital\PC 01-QS.06\PC MEMO 01-0S-OS.doc 3 HOSPITAL PROJECT, LOCATED APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD," AND KNOWN AS ASSESSOR'S PARCEL NOS. 959-080-001 THROUGH 959-080- 004 AND 959-080-007 THROUGH 959-080-010 (PA04-0462, PA05-0302, PA04-0463, PA04-0571 PC RESOLUTION NO. 06-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE ELEMENT TO REMOVE EIGHT (8) SUBJECT PARCELS FROM THE Z "FUTURE SPECIFIC PLAN" OVERLAY DESIGNATION AND CORRESPONDING TWO STORY HEIGHT RESTRICTION FOR A SITE ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD," AND KNOWN AS ASSESSOR'S PARCEL NOS. 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080- 010 (PA04-0462) . PC RESOLUTION NO. 06-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY' OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FROM PROFESSIONAL OFFICE (PO) AND PLANNED DEVELOPMENT OVERLAY (PDO-8) TO PLANNED DEVELOPMENT OVERLAY-9 (PDO-9) AND ADOPT SECTIONS 17.22.200 THROUGH 17.22.206 INCLUDING THE PDO TEXT AND DEVELOPMENT STANDARDS FOR A SITE GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD" AND KNOWN AS ASSESSORS PARCEL NOS. 959-080-001 THROUGH 959-080-004 AND 959-08-007 THROUGH 959-080- 010 (PA04-0462) . PC RESOLUTION NO. 06-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0463, A CONDITIONAL USE PERMIT TO ESTABLISH A 320-BED HOSPITAL FACILITY AND HELIPAD; AND A DEVELOPMENT PLAN TO CONSTRUCT A 408,160 SQUARE FOOT HOSPITAL, A HEll PAD, TWO MEDICAL OFFICE BUILDINGS TOTALING 140,000 SQUARE FEET, A 10,000 SQUARE FOOT CANCER CENTER AND AN 8,000 SQUARE FOOT FITNESS . A:\C U P\2004\04-o463 Temecula Regional Hospital\PC 01-05-Q6\PC MEMO 01-05-oS.doc 4 . . . REHABILITATION CENTER ALL TOTALING 566,160 SQUARE FEET ON 35.31 ACRES," LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, KNOWN AS APN: 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 PC RESOLUTION NO. 06-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING - TENTATIVE PARCEL MAP NO. 32468, TO CONSOLIDATE EIGHT LOTS TOTALING 35.31 ACRES INTO 1 PARCEL, LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0571) ATTACHMENTS 1. PC Resolution No. 06-_ (Draft Environmental Impact Report) - Blue Page 6 Exhibit A - City Council Resolution 06-_ PC Resolution No. 06- _ (General Plan Amendment) - Blue Page 7 Exhibit A- City Council Resolution 06-_ 2. 3. PC Resolution No. 06 _ (Zone Change) - Blue Page 8 Exhibit A - City Council Ordinance No. 06-_ 4. PC Resolution No. 06-_ (Conditional Use Permit/Development Plan) - Blue Page 9 Exhibit A - City Council Resolution 06-_ 5. PC Resolution No. 06-_ (Tentative Parcel Map) - Blue Page 10 Exhibit A - City Council Resolution 06-_ 6. Responses to Agency and General Public Comments - Blue Page 11 7. November 16, 2005 Planning Commission Minutes - Blue Page 12 8. November 16, 2005 Planning Commission Agenda Packet - Blue Page 13 R:\C U P\2004\04"()463 Temecula Regional Hospital\PC 01-QS-D6\PC MEMO 01-QS-QS.doc 5 . . . ATTACHMENT NO.1 PC RESOLUTION 06-_ DRAFT ENVIRONMENTAL IMPACT REPORT R:\C U P\2004\04-D463 Temecula Regional Hospital\PC 01-05-06\PC MEMO Q1..Q5.Q6.doc 6 i '--."~,~.'. -~~~ .-,>1 i I _"<>"c" ,. -.-.....,. .- ~ . ...-- ~-_"c. , ~' '. .. - ' '4.ii}~>"j';~'~.c~~,;Sk-iBj~~~;j:.~:i~ . I. i I. PC RESOLUTION NO. 06-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA, CALIFORNIA, RECOMMENDING THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TEMECULA REGIONAL HOSPITAL AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE TEMECULA REGIONAL HOSPITAL PROJECT, LOCATED APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD," AND KNOWN AS ASSESSOR'S PARCEL NOS. 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0462, PA05-0302, PA04- 0463, PA04-0571 THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY FIND, DETERMINE AND DECLARE THAT: Section 1. Recitals and Procedural Findings. The Planning Commission hereby finds and determines that: A. This Resolution constitutes the Statement of Findings of Fact Pursuant to CEQA Guideline Section 15091 for the Temecula Hospital Project described herein. B. The Temecula Regional Hospital Project and related actions ("Project"), initiated and prepared on behalf of the City of Temecula consists of the development of a 35.31-acre planned Regional Medical Center in the City of Temecula. The Project site is located adjacent to and north of State Highway 79 South in the City of Temecula, California, in southwest Riverside County, south of the City of Los Angeles and north of the City of San Diego; from the 1-15, access to the Project site is provided by Highway 79 South; the proposed Project includes a General Plan Amendment (PA04-0462) to remove the project area from the Future Specific Plan "Z" Overlay District from the Land Use Element of the General Plan which will permit new construction to exceed two- stories in height; a Zone Change (PA05-0302) from PO (Professional Office) and PDO- 8 (De Portola Road Planned Development Overlay District - 8) to PDO-9 (Planned Development Overlay District-9) and to create height standards which would allow a maximum building height of 115 feet; a Conditional Use Permit (PA04-0463) for the Hospital facility and private helipad; a Development Plan (PA04-0463) to permit the construction of a 408,160 square foot, 320-bed hospital, a helipad, two medical office buildings totaling 140,000 square feet, a 10,000 square foot cancer center and an 8,000 square foot fitness rehabilitation center all totaling 566,160 square feet; and a Tentative Parcel Map (PA04-0571) to consolidate eight (8) lots into one (1) parcel on 35.31 acres, . also known as Assessor's Parcel Nos. 959-080-001 through 959-080-004 and 959-080- 007 through 959-080-010. C. Universal Heath Services of Rancho Springs, Inc., filed Planning Application Nos. PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463 Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 70 feet west of Margarita Road, known as Assessors Parcel No(s). 959-080-001 through 959- 080-004 and 959-080-007 through 959-080-010 ("Project"). D. The Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act; and, E. The Planning Commission considered the Project on April 6, 2005, 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. F. The Planning Commission, based on testimony presented by the general . public, determined that an Environmental Impact Report would be required for this Project. G. On April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. H. Pursuant to the Califomia Environmental Quality Act ("CEQA"), the City is the lead agency for the Project as the public agency with both general governmental powers and the principle responsibility for implementing the Project; I. Notice of Preparation of a Draft Environmental Impact Report ("Draft EIR") was issued on August 3, 2005, inviting comments from responsible agencies, other regulatory agencies, organizations and individuals pursuant to State CEQA Guidelines section 15082. J. Written statements were received by the City in response to the Notice of Preparation, which assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR. K. Draft EIR was prepared by the City pursuant to State CEQA Guidelines section 15168 to analyze potential adverse environmental impacts of the Project . implementation pursuant to CEQA. :. i !. . L. On September 26, 2005 the State Office of Planning and Research approved a 30 day public review period for the Temecula Regional Hospital EIR (SCH#2005030017) for this Project determining that such a review period is consistent with the criteria set forth in the written guidelines of the Office of Planning and Research for shortened reviews, and Section 21091 of the Public Resources Code. M. Therefore, upon completion of the Draft EIR dated September 26, 2005, the City initiated a 30-day public comment period by filing a Notice of Completion with the State Office of Planning and Research on September 26, 2005. N. The City also published a Notice of Availability for the Draft EIR in a newspaper of general circulation within the City. Copies of the Draft EIR were sent to public agencies, organizations, and individuals. In addition, the City placed copies of the Draft EIR in public libraries in Riverside County and made copies available for review at City offices. O. Before, during and after the official public review period for the Draft EIR, the City received eighteen (18) written comments, all of which were responded to by the City. Those comments and the responses are included as part of the Final Environmental Impact Report/Response to Comments document (Final EIR). P. Pursuant to Public Resources Code Section 21092.5, the City provided its responses to all commentors on and before November 22, 2005, including those received after the end of the public review period. Responses to public agency commentators were provided on or before November 12, 2005. Q. On April 6, 2005, April 20, 2005, November 16, 2005, and January 5, 2006 the Planning Commission of the City of Temecula held duly noticed public hearings on the Project and the Draft EIR at which time all persons interested had the opportunity to present oral and written evidence on the Project and the Draft EIR. R. Section 15091 of the State CEQA Guidelines prevents the City from approving or carrying out a project for which an EIR has been completed that identifies any significant environmental effects unless the City makes one or more of the following written finding(s) for each of those significant effects 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, 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. T. Section 15093 of the State CEQA Guidelines requires that if the 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. 3. . . U. Environmental impacts identified in the Final EIR which the City Council finds are less than significant and do not require mitigation are described in Section 3 of the proposed City Council Resolution. V. Environmental impacts identified in the Final EIR as potentially significant, but which the City Council finds can be mitigated to a less than significant level through the imposition of mitigation measures and/or conditions identified in the Final EIR and set forth herein are described in Section 4 of the proposed City Council resolution. W. Environmental impacts identified in the Final EIR as potentially significant but which the Planning Commission finds cannot be fully mitigated to a less than significant level despite the imposition of all feasible mitigation measures described in . Section 5 of the proposed City Council resolution. x. Alternatives to the Project that might eliminate or reduce significant environmental impacts are described in Section 6 of the proposed City Council resolution. Y. A discussion of the 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 Section 7 of the proposed City Council resolution.. 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 assure compliance with the adopted mitigation measures; and, z. Prior to taking action, the Planning Commission has heard, been presented with, reviewed and considered all of the information and data in the administrative record, and all oral and written testimony presented to it during meetings and hearings. In making the recommendation to the City Council as set forth in this resolution, findings contained herein and in the proposed City Council Resolution reflects the independent judgment of the Planning Commission and is deemed adequate for purposes of making decisions on the merits of the Project and related actions. No comments or any additional information submitted to the City have produced any substantial new information requiring circulation or additional . environmental review of the Draft EIR under CEQA require additional public review . . . because no new significant environmental impacts were identified, no substantial increase in the severity of any environmental impacts would occur. Section 2. Recommendation to the City Council. The Planning Commission of the City of Temecula, California, hereby recommends that the City Council for the City of Temecula adopt a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TEMECULA REGIONAL HOSPITAL AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE TEMECULA REGIONAL HOSPITAL PROJECT, LOCATED APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, AND KNOWN AS ASSESSOR'S PARCEL NOS. 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080- 010 (PA04-0462, PA05-o302, PA04-0463, PA04-0571)" certifying the Final Environmental Impact Report, adopt the Statement of Overriding Considerations, approve the Mitigation Monitoring and Reporting Program, and approve the Draft City Council Resolution for certification of the above, substantially in the form contained in Exhibits A, attached to this Resolution and incorporated herein as though set forth in full. PASSED, APPROVED AND ADOPTION by the City of Temecula Planning Commission this 5th day of January, 2006. David Mathewson, Chairman ATTEST: Debbie Ubnoske Secretary {SEAL} STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 06-_ 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 January, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary . . . . . EXHIBIT A CC RESOLUTION 06-_ (DRAFT ENVIRONMENTAL REPORT) . ^ ~, :;. ....;;~~ "~ , 0~~'>__~":~~~~4t~~::;;.:,~~~:,,, " . e e . ~. i i I '. RESOLUTION NO. 06 -_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TEMECULA REGIONAL HOSPITAL AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE TEMECULA REGIONAL HOSPITAL PROJECT, LOCATED APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD," AND KNOWN AS ASSESSOR'S PARCEL NOS. 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0462, PA05-0302, PA04- 0463, PA04-0571) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY FIND, DETERMINE AND DECLARE THAT: , Section 1. Procedural Findings. The City Council hereby finds and determines that: A. This Resolution constitutes the Statement of Findings of Fact Pursuant to CEQA Guideline Section 15091 for the Temecula Hospital Project described herein. B. The Temecula Regional Hospital Project and related actions ("Projecf'), initiated and prepared on behalf of the City of Temecula consists of the development of a 35.31-acre planned Regional Medical Center in the City of Temecula. The Project site is located adjacent to and north of State Highway 79 South in the City of Temecula, California, in southwest Riverside County, south of the City of Los Angeles and north of the City of San Diego; from the 1-15, access to the Project site is provided by Highway 79 South; the proposed Project includes a General Plan Amendment (PA04- 0462) to remove the Project area from the Future Specific Plan "Z" Overlay District from the Land Use Element of the General Plan which will permit new construction to exceed two-stories in height; a Zone Change (PA05-0302) from PO (Professional Office) and PDO-8 (De Portola Road Planned Development Overlay District - 8) to PDO-9 (Planned Development Overlay District-9) and to create height standards which would allow a maximum building height of 115 feet; a Conditional Use Permit (PA04-0463) for the hospital facility and private helipad; a Development Plan (PA04-0463) to permit the construction of a 408,160 square foot, 320-bed hospital, a helipad, two medical office buildings totaling 140,000 square feet, a 10,000 square foot cancer center and an 8,000 square foot fitness rehabilitation center all totaling 566,160 square feet; and a Tentative Parcel Map (PA04-0571) to consolidate eight (8) lots into one (1) parcel on 35.31 acres, also known as Assessor's Parcel Nos. 959-080-001 through 959-080-004 and 959-080- 007 through 959-080-010. C. Universal Health Services of Rancho Springs, Inc., filed Planning Application Nos. PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463 Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessors Parcel No(s), 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"). . D. The Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act; and, E. The Planning Commission considered the Project on April 6, 2005, 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. F. The Planning Commission, based on testimony presented by the general public, determined that an Environmental Impact Report would be required for this Project. G. On April 20, 2005, a scoping session was held before the Planning . Commission to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. H. Pursuant to the California Environmental Quality Act ("CEQA"), the City is the lead agency for the Project as the public agency with both general governmental powers and the principle responsibility for implernenting the Project; I. Notice of Preparation of a Draft Environmental Impact Report ("Draft EIR") was issued on August 3, 2005, inviting comments from responsible agencies, other regulatory agencies, organizations and individuals pursuant to State CEQA Guidelines Section 15082. J. Written statements were received by the City in response to the Notice of Preparation, which assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR. K. Draft EIR was prepared by the City pursuant to State CEQA Guidelines Section 15168 to analyze potential adverse environmental impacts of the Project implementation pursuant to CEQA. L. On September 26, 2005 the State Office of Planning and Research approved a 30 day public review period for the Temecula Regional Hospital EIR (SCH#2005030017) for this Project determining that such a review period is consistent . with the criteria set forth in the written guidelines of the Office of Planning and Research for shortened reviews, and Section 21091 of the Public Resources Code. . . i. M. Therefore, upon completion of the Draft EIR dated September 26, 2005, the City initiated a 30-day public comment period by filing a Notice of Completion with the State Office of Planning and Research on September 26, 2005. N. The City also published a Notice of Availability for the Draft EIR in a newspaper of general circulation within the City. Copies of the Draft EIR were sent to public agencies, organizations, and individuals. In addition, the City placed copies of the Draft EIR in public libraries in Riverside County and made copies available for review at City offices. O. Before, during and after the official public review period for the Draft EIR, the City received eighteen (18) written comments, all of which were responded to by the City. Those comments and the responses are included as part of the Final Environmental Impact ReporVResponse to Comments document (Final EIR). P. Pursuant to Public Resources Code Section 21092.5, the City provided its responses to all commentators on and before November 22, 2005, including those received after the end of the public review period. Responses to public agency commentators were provided on or before November 12, 2005. O. On April 6, 2005, April 20, 2005, November 16, 2005, and January 5, 2006 the Planning Commission of the City of Temecula held duly noticed public hearings on the Project and the Draft EIR at which time all persons interested had the opportunity to present oral and written evidence on the Project and the Draft EIA. A. On January 24, 2006, the City Council of the City of Temecula held duly noticed public hearings on the Project and the Draft EIR at which time all persons interested had the opportunity to present oral and written evidence on the Project and the Draft EIR. S. Section 15091 of the State CEOA Guidelines prevents the City from approving or carrying out a Project for which an EIR has been completed that identifies any significant environmental effects unless the City makes one or more of the following written finding(s) for each of those significant effects 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, 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. T. Section 15093 of the State CEQA Guidelines requires that if the 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. (3) U. Environmental impacts identified in the Final EIR which the City Council finds are less than significant and do not require mitigation are described in Section 3 hereof. V. Environmental impacts identified in the Final EIR as potentially significant, but which the City Council finds can be mitigated to a less than significant level through the imposition of mitigation measures and/or conditions identified in the Final EIR and set forth herein are described in Section 4 hereof. . W. Environmental impacts identified in the Final EIR as potentially significant but which the City Council finds cannot be fully mitigated to a less than significant level despite the imposition of all feasible mitigation measures described in . Section 5 hereof. X. Alternatives to the Project that might eliminate or reduce significant environmental impacts are described in Section 6. Y. A discussion of the 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 Section 6 hereof. Z. 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 assure compliance with the adopted mitigation measures; and, AA. Prior to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data in the administrative record including the Final EIR, and all oral and written testimony presented to it during meetings and hearings. The Final EIR reflects the independent judgment of the City Council and is deemed adequate for purposes of making decisions on the merits of the Project and related actions. No comments or any additional information submitted to the City have produced any substantial new information requiring circulation or additional environmental review of the Final EIR under CEQA, nor do the minor modifications to the Final EIR require additional public review because no new significant environmental . I. i . . impacts were identified, no substantial increase in the severity of any environmental impacts would occur. Section 2. Findings Concerning Impacts Identified in the Initial Study as Having Less Than Significant Impact on the Environment. The City Council hereby finds and determines that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public. organizations, and regulatory agencies, the environmental impacts associated with the Temecula Regional Hospital will have a less than significant impact through the Initial Study: A. Aaricultural Resources The Project site is not currently in agricultural production. In the recent past (at least 15 to 20 years), the site has not been used for agricultural purposes. The Project site was historically used for agricultural uses as noted in the Historical/Archaeological Resources Survey Report prepared by CRM Tech, September 17, 2004. During the mid-1800s, the Project site was cultivated as an agricultural field. However, the Project site has not been utilized for agricultural purposes for many years and is not considered a valuable agricultural resource. The site is not under a Williamson Act contract nor is it zoned for agricultural uses. This property is not considered prime or unique farmland of statewide or local importance, as identified by the State Department of Conservation and the City of Temecula General Plan. In addition, the Project will not involve changes in the existing environment which would result in the conversion of farmland to non-agricultural uses. No impact is anticipated as a result of the proposed Project. (Initial Study, p. 5) The proposed Project could, because of its regional significance, cause other agricultural farmland to be converted to a non-agricultural use. There are some remaining agricultural uses in the City's sphere of influence (Corona Ranch) and surrounding areas that could be converted to uses other than agricultural; however, the conversion of these lands to uses other than agricultural is not considered a result of the proposed Project. The region of southwest Riverside County and northern portions of San Diego County have experienced a rapid period of growth that precluded the proposed Project. Therefore, the growth of the surrounding area is a result of external economic forces rather than the proposed Project. A less than significant impact is anticipated as a result of the proposed Project. (Initial Study, p. 5) B. Biological Resources A habitat assessment study was prepared for the Project site (Habitat Assessment, AMEC Earth & Environmental, Inc., September 14, 2004). The study identified a man-made flood control channel that parallels the eastern boundary of the Project site, which contains riparian vegetation such as willows and Fremont Cottonwoods. Wetland vegetation, including cattails and bulrushes has also been identified within the man made channel. The habitat within the channel is likely to be jurisdictional under the U.S. Army Corps of Engineers definitions. The Project applicant will be required, as a condition of approval, to construct a vehicular access bridge across this channel connecting to Dartolo Road, which may require Section 404 permits, subject to the Clean Water Act and U.S. Army Corps of Engineers and potentially clearances from the U.S Fish & Game and U.S. Fish and Wildlife Service. The presence of the flood channel may also require the approval of Riverside County Flood Control. The study (AMEC Earth & Environmental, Inc. September 2004) . concludes that a bridge with supports outside the channel will avoid any streambed alteration, placement of fill into the channel, and the encroachment into jurisdictional areas. However, impacts to the riparian vegetation cannot be completely avoided. In order to mitigate impacts to the habitat, a qualified biological monitor is required to be present during the pre-construction site preparation of the bridge. In addition, if activity within the channel (or for preparation for the construction of the bridge) is to occur between April 15 and July 15 of any year, focused surveys following standard protocols shall be provided to determine the presence/absence for the Least Bell's Vireo (Vireo bellii pusillus) and the Southwestern Willow Flycatcher (Empidonax traillii extimus). In the event either of these endangered birds is found, the construction of the bridge (schedules) and associated activities shall be modified to avoid impacts and allow the birds to complete their reproductive cycles. A less than significant impact is anticipated as a result of the Project with mitigation measures. The Project site is void of any natural riparian forests, coastal sage scrub, and nursery sites. The Project is not within a natural conservation plan or other local regional or state conservation plan, including area identified under the Multi-Species Habitat Conservation Plan (MSHCP). The Project site has been grubbed and disturbed for many years in order to comply with the City's weed abatement ordinance (Ord. 8.16). There are some grasses on the Project site; however, they are not considered sensitive habitat, nor is the site a part of a wildlife corridor. No mature trees are present on the Project site. The proposed Project is not located within a criteria cell of the MSHCP. The Project site is not included in special survey areas for amphibians, mammals, or narrow endemic plants, as stated the study by AMEC (September 14, 2004). However, the MSHCP guidelines recommended that a habitat assessment plan be prepared to assess the Burrowing Owl. A Burrowing Owl survey was conducted by AMEC and the results reported in a report dated August 9, 2005. The survey did not identify the presence of Burrowing Owls on the subject property. . The following Mitigation Measures will be required in the event that an extension of Dartolo Road across the flood control channel occurs: Due of the type of habitat created by the channel and pursuant to the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), focused surveys would need to be conducted to determine the presence/absence of the Least Bell's Vireo and the Southwestern Willow Flycatcher. If either of these endangered birds is found, bridge construction schedules and activities would have to be modified to avoid impacts to the birds' reproductive cycle.' Both the Least Bell's Vireo and the Southwestern Willow Flycatcher are federally and state-listed endangered species and protected under the MSHCP. (DEIR, p. 5-14) 1 AMEC Earth & Environmental, Inc. Temecula Hospital Site Habitat Assessment. September '4, 2004. . . . . C. Cultural Resource A Phase I survey (Historical/Archaeological Resource Survey Report, Temecula Hospital Project, CRM Tech, September 17, 2004) has been prepared for the proposed Project. The survey did not identify any historical resources, as defined in CEQA Guidelines Section 15064.5 on the Project site. No impact on historical resources is anticipated as a result of the proposed Project. The Phase I survey did not identify the Project site as a potential site for historical resources, including human remains. Historically, the site has been used for agricultural production, which involved substantial and repeated soil disturbance. The archaeology survey (CRM Tech, 2004) recognizes the fact that the slJrrounding area is known to contain historical and archaeological resources. Given the known sensitive resources discovered within close proximity of the Project site, conditions of approval are required. The Project site is also a potential site for paleontological resources, and conditions of approval are required. The City will apply standard conditions of approval to the Project to address monitoring during grading operations. The following Conditions of Approval have been required of the proposed Project and shall be imposed as enforceable conditions under the entitlements issued for the Project: 1. Prior to the issuance of a grading permit, the applicant must enter into a written pre-excavation agreement with the Pechanga Band of Luiseno Indians that addresses the treatment and disposition of all cultural resources, human resources, and human remains discovered on-site. 2. The landowner agrees to relinquish ownership of all cultural resources, including archaeological artifacts found on the Project site, to the Pechanga Band of Luiseno Indians for proper treatment and disposition to the extent authorized by law. 3. The applicant shall provide on-site professional archaeological and paleontological monitoring during all phases of earthmoving activities at the applicant's sole cost. 4. If culturally significant sites are discovered during ground disturbing activities, they shall be avoided and preserved consistent with this condition and the pre-excavation agreement referenced in Condition A above. 5. The applicant shall comply with, all recommendations in the Historical/Archaeological Resource Paleontological Resources Assessment Report prepared by CRM Tech, dated September 17, 2004 and September 16,2004, respectively, except as modified by Project Conditions of Approval. 6. Monitoring by a professional qualified paleontological, archaeological, and Pechanga Tribe monitor is required during all ground disturbing activities. The monitor(s) shall each have the authority to temporarily halt and/or divert grading equipment to allow for removal of abundant or large specimens. The monitor shall remove samples of sediments, which are likely to contain . remains of fossil invertebrates and vertebrates. 7. Collected samples of sediment shall be washed to recover small invertebrates and vertebrate fossils. Recovered specimens should be prepared so they can be identified and permanently preserved. 8. All specimens shall be identified, cu rated , and placed into a repository with permanent retrievable storage unless the pre-excavation agreement requires alternative treatment. 9. A report of findings, including an itemized inventory of recovered specimens, should be prepared upon completion of the steps outlined above. The report should include a discussion of the significance of all recovered specimens. The report and inventory, when submitted to the Lead Agency (City of Temecula), would signify completion of the program to mitigate impacts to the palentologic and archaeological resources. 10. If any vertebrate remains are discovered during grading, a paleontologist and the city of Temecula shall be notified immediately. In the event any Pleistocene-age or older sediments/resources are discovered, a program shall be prepared with recommended mitigations to avoid impact to the resources unearthed. (Initial Study, pgs. 14 and 15) D. Geoloav/Soils A Geotechnical Investigation has been prepared for the proposed Project "Geotechnical Exploration Report, Temecula Hospital Temecula, CA," PSI, Inc., May 14, 2004). The Project is located 1.6 miles from the Temecula segment of the Lake Elsinore Fault. The proposed Project will not be subject to fault rupture since there is not a fault located within the boundaries of the Project site. The Lake Elsinore Fault is classified as an active fault and has the potential to produce large magnitude earthquakes (PSI Inc., May 14, 2004). The Project has the potential to be exposed to severe shaking in the event of a major earthquake on this or other nearby faults. The site, in its current condition, includes subsurface strata that could experience excessive total and differential settlements under a combination of structural loads and seismically inducted soil liquefaction. Due to the presence of loose surficial soils, the study prepared by PSI, Inc., May 14, 2004, recommends over-excavation and recompaction for support of building slabs and pavements. Native soils may represent a negligible corrosive environment with respect to concrete and a moderately corrosive environment with respect to buried metals. The Project site has a moderate risk for liquefaction and/or seismic settlement. Unless they are structurally supported, floor slabs should be designed to accommodate approximately 3-1/2 inches of settlement due to soil liquefaction and seismically induced consolidation of soil above the groundwater. The following Conditions of Approval have been required as a part of the proposed Project to reduce impacts to a level that is less than significant, and will be established as enforceable conditions on the entitlements: . . . 1. The applicant shall comply with all the recommendations within the Geotechnical Exploration Report prepared by PSI Inc., dated May 14, 2004 and as stated below without deviation. a. All existing pavements, utilities, vegetation, and other deleterious materials should be removed from areas proposed for construction. Stripping operations should extend a minimum of 10 feet beyond the proposed building limits, where practical. b. Existing near-surface soils shall be removed and replace as properly compacted fill. The depth of over-excavation should extend at least 12 inches below existing grade for slabs-on-grade and pavements, or 24 inches below existing grade if mat foundations are constructed. The exposed subgrade below the removal depth should be saturated, and densified using a heavy vibratory drum roller. The removed soils should be moisture conditioned to slightly above optimum moisture content and compacted to at least 90 percent relative compaction (based on ASTM Test Method 0157) until design finish grades are reached. This earthwork should extend at least four feet beyond building limits, wherever practical. c. . The first layer of fill material should be placed in a relatively uniform horizontal lift and be adequately keyed into the stripped and scarified (to at least 12 inches) subgrade soils. Fill materials, including import soils should be free of organic or other deleterious materials, have a maximum particle size of 3 inches or less and should possess an expansion index of less than 20 (UBe 18-2). Most of the on-site sols appear to be reusable as structural fill. During the course of grading operation, oversized material (particles greater than 3 inches) may be generated. These materials should, not be placed within the compacted fill. d. Fill should be placed in maximum loose lifts of 8 inches and should be moisture conditioned to slightly above the optimum moisture content and be compacted to at least 90 percent of the maximum density. If water must be added, it should be uniformly applied and thoroughly mixed into the soil by disking or scarifying. Each lift of compacted-engineered fill should be tested by a representative of the geotechnical engineer prior to placement of subsequent lifts. The edges of compacted fill should extend 1 0 feet beyond the edges of buildings prior to sloping. e. . Non-structural fill adjacent to structural fill should be placed in unison to provide lateral support. Backfill along building walls must be placed and compacted with care to ensure excessive unbalanced lateral pressure do not develop. The type of fill material placed adjacent to below grade walls must be properly tested by the geotechnical engineer with consideration for the lateral earth pressure used in the wall design. . f. In pavement areas, the upper 12 inches of finish subgrade should be removed/scarified; moisture conditioned to slightly above optimum moisture and compacted to at least 95 percent relative compaction based on Test Method D1557. The upper 12-inch densification should be performed immediately prior to the placement of base material and not during the initial grading operation. g. As mentiqned in the study by PSI, Inc., May 14, 2004, alluvial deposits underlie the site. As such, it is anticipated that shallow to moderate excavations can generally be achieved with conventional earthmoving equipment. h. All grading operations should be performed in accordance with the requirements of the Uniform Building Code, (1997 edition), PSI's Standard Guidelines for Grading Projects (Appendix E), and City of Temecula standards. The Project will not result in substantial soil erosion or the loss of topsoil. The Project site is relatively flat and will be developed in accordance with City standards, including . National Pollution Discharge Elimination System (NPDES) standards, which require the implementation of erosion control and best management practices (BMP's). The Final Environmental Impact Report for the City of Temecula General Plan does not identify any known landslides or mudslides located on the site or proximate to the site. Less than significant impacts are anticipated as a result of this Project. According to the geotechnical study prepared by PSI Inc., May 14, 2004, the Project is not located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), and, thus, will not create substantial risks to life or property. The geotechnical exploration prepared by PSI Inc., dated May 14, 2004 also identifies the soils on the Project site as "very low expansion potential," as defined in the Uniform Building Code (UBC) Table No. 18-1-B. The Project is required to comply with the recommendations in the investigation report prepared by PSI Inc., dated May 14, 2004. The Project will not utilize septic tanks. A public sewer system is available; approvals from the Department of Environmental Health and/or Eastern Municipal Water District for solid wastes and waste water will be required prior to issuance of a building permit. The Project will be required to connect to the public sewer system. No impacts are anticipated as a result of this Project as the current sewer system and waste treatment facilities are adequate to process the anticipated flow from the proposed facility. (Initial Study, pgs. 16, 17, and 18) E. Hazards and Hazardous Materials The Project could potentially . create a significant hazard to the public or the environment through the routine I. i i. . transportation, use, or disposal of hazardous materials. The Project consists of medical uses and will include the storage, use, and transportation of hazardous materials. The Project is located within one-quarter mile of an existing elementary school. However, the proposed Project is not anticipated to result in hazardous emissions materials or wastes that would create a significant impact. As a standard condition of approval, the applicant is required to submit to the City an approved hazardous materials storage and transportation plan (Hazardous Materials Management Plan), subject to the approval of the Riverside County Community Health Agency, Department of Environmental Health. A less than significant impact is anticipated as a result of the Project. The Project site is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and therefore would not result in a significant hazard to the public or the environment. No impact is anticipated as a result of the proposed Project. (Initial Study, pgs. 19 and 20) The Project is not located within the French Valley Airport Comprehensive Land Use Plan (CLUP). There are no other airports located near the Project. The Project is not within the vicinity of an existing private airstrip and would not result in a safety hazard for people residing or working in the Project area. The Project does include a private helipad that will be used for emergency uses and the transportation of patients to other facilities. As a condition of approval, the flight path will be limited to commercial or highway areas to the extent practical and safe. A less than significant impact is anticipated as a result of the proposed Project. The Project is not located in an area and is not a portion of an emergency response or evacuation plan. Therefore, the Project would not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. The Project, which is a regional hospital facility, will actually assist in local treatment for the injured, especially in the event of an emergency. No impact is anticipated as a result of the Project. The Project is not located in or near a wildland area that would be subject to fire hazards. The location of the Project would not expose people or structures to a significant risk or loss, injury or death involving wildland fires. No impact is anticipated as a result of this Project. The following standard Conditions of Approval have been required of the Project and will be established as an enforceable condition on the entitlements: 1. Prior to the issuance of a building permit, the Applicant shall submit a hazardous materials storage and transportation plan (Hazardous Materials Management Plan) that verifies that the handling, storage and transportation of hazardous materials will comply with county, state, and/or federal regulations. (Initial Study, pgs. 19 and 20) F. Mineral Resources The Project is not located in an area that is known to include minerals that are considered of value to the region and/or the state. The Project will not result in the loss of a locally important mineral resource because the Project site is not identified as an important site known to maintain such resources as shown in the Final EIR for the City of Temecula General Plan. No impact is anticipated as a result of the Project. (Initial Study, p.25) . G. PODulation and Housina The Project is a regional facility that will add additional medical services to the region. As a result, the Project could potentially cause additional growth in the surrounding area. However, the southwest Riverside County region has experienced a rapid rate of growth (residential and commercial) since the mid-1980s without any such regional medical facility. The surrounding community is nearly built out with residential dwellings. The Project, therefore, is not anticipated to induce substantial population beyond the residential growth that has already occurred over the last 10 to 20 years. A less than significant impact is anticipated as a result of the Project. The Project will not induce substantial growth in the area either directly or indirectly. The Project includes a hospital, medical offices, cancer center, and a fitness rehabilitation center; residential uses are not proposed. The Project site is vacant and will not displace substantial numbers of people or remove/replace existing housing. The Project will neither displace housing nor people, necessitating the construction of replacement housing. No impacts are anticipated as a result of this Project. (Initial ~~p.~ . H. Public Services The Project will have a less than significant impact upon, or not result in a need for new or altered fire, police, recreation, or other public facilities. The Project will provide additional public services available to the community and general public. The Project will also provide better emergency medical response and allow for better transport of medical emergencies. The Project will contribute. fair-share contributions through City Development Impact Fees to be used to provide public facilities and infrastructure. The Project will not have an impact upon nor result in a need for new or altered school facilities. The Project will not cause significant numbers of people to relocate within or to the City. The Project will have a less than significant impact upon the need for new or altered public facilities. The Rancho California Water District and the Riverside Department of Environmental Health have been made aware of this Project. A condition of approval has been placed on this Project that will require the applicant to obtain "Will Serve" letters from all of the public utilities agencies. Service is currently provided for the surrounding residential and commercial development, so extending service to this site is possible, which would result in less than significant impacts as a result of the Project. The Project may require improvements to public facilities such as sewer line connections. Eastern Municipal Water District (EMWD) has provided some conceptual analysis concerning sewer flows from the hospital, and the total flow is estimated to be . approximately 94,100 gallons per day. Based on the estimated discharge volume, the :1. I I i i , , I Ii I. '[ I hospital would not be required or conditioned to install additional sewer capacity, assuming that all hospital flow is discharged to the existing 24" vitrified clay pipe (VCP) sewer in Route 79 South and no hospital flow is discharged to the existing 15" VCP sewer in Margarita Road. As a condition of service, the applicant is responsible for payments of EMWD's sewer connection fees and water supply development fee. Impact is less than significant. (Initial Study, p. 31) I. Recreation The Project is a hospital and medical office Project in a professional office zone. The Project will not displace recreationally zoned lands or remove vacant lands that are used for recreational purposes. The anticipated need to increase the neighborhood or regional parks or other recreational facilities as a result of this Project is not anticipated. No impacts are anticipated as a result of this Project. The Project does not include an open space or recreational aspect. Furthermore, the Project will not require the construction or expansion of additional recreational facilities. No impacts are anticipated as a result of the Project. (Initial Study, p. 32) J. Utilities and Service Svstems The Project will not exceed wastewater treatment requirements, require the construction of new treatment facilities, nor affect the capacity of treatment providers. The Project will have an incremental effect upon existing systems. The Project may require improvements to public facilities such as sewer line connections. The applicant is required to consult with the sewer purveyor, EMWD, to determine what, if any, improvements are required. As a condition of approval, the applicant is required to submit a letter from EMWD indicating that current facilities are in place, or a letter stating what improvements are necessary to provide service to the proposed Project. Less than significant impacts are anticipated as a result of this Project because the wastewater and treatment systems are already designed to handle this quantity of wastewater. The Project will require on-site storm drains to be constructed. The Project may require various state and federal permits. The Project will include the construction of underground storm drains and drainage swales in various locations within the Project site. No off-site storm drains or expansion of existing facilities will be required as a result of this Project. Less than significant impacts are anticipated as a result of this Project. The Project will not significantly impact existing water supplies nor require expanded water entitlements. According to RCWD's Water Facilities Master Plan and 2000 Urban Water Management Plan, RCWD has an existing and planned combined well, imported, and recycled water production capacity of approximately 150,000 acre-feet. The ultimate annual water demand of the RCWD is estimated to be 129,545 acre-feet, while the existing demand for 2004 was approximately 85,000 acre-feet. Based on the projected water demands for the Temecula Regional Hospital and future demands . projected for the Project service area, this Project demand is less than the Water Facilities Master Plan projected demands based on land use for the Project location. . The Master Plan projected demands for the Project site are based on use of the site as 30 acres of Business Park/Industrial (1500 gallons per day) and 6 acres of Estate Residential (0.75 acre-feet per acre), resulting in a total of 55 acre-feet for the Project area. Therefore, the 42 acre-feet demand estimated for the Project has been provided for and can be met with existing supply capacities. To accommodate future developments such as the Temecula Regional Hospital, the Rancho California Water District intends to meet supply planning issues through a combination of the following: 1. Continued practice of managing groundwater levels through natural and artificial recharge via groundwater extracted using existing and planned RCWD-owned wells. 2. Annual water purchase of direct imported and replenishment water via Metropolitan Water District of Southern California and from Vail Lake. 3. Orderly implementation of recycled water system use expansion as proposed to be available. 4. Conservation measures. Due to RCWD's access to local groundwater sources, the availability of local groundwater sources, and the ability to purchase imported water and store it within the basin, short-term drought situations have historically had negligible effect on the ability to supply customers. Additionally, if surface water flows are reduced as a result of single or multiple dry, or critically dry years, RCWD has the ability to meet demands by augmenting its supply with increased groundwater extractions, along with implementation of conservation and other measures. RCWD also anticipates that the use of recycled water will increase, thereby reducing the use and reliance of domestic water sources, furthering RCWD's ability to supply water during single or multiple dry, or critically dry, years. Therefore, RCWD has concluded that sufficient water supply exists to support the Temecula Regional Hospital development as required by California Water Code Section 10910. (DEIR, p. 4-35 and 4-35) The Project will not result in a need for new landfill capacity. Any potential impacts from solid waste created by this development can be mitigated through participation in Source Reduction and Recycling Programs, which are implemented by the City. Less than significant impacts are anticipated as a result of this Project. (Initial Study, pgs. 35 and 36) Section 3. Findings Concerning Impacts Found in The Draft EIR to Have Less Than Significant Impacts on the Environment. The City Council hereby finds and determines that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony . . 1. ! . Ie from the public, organizations, and regulatory agencies, the environmental impacts associated with the Temecula Regional Hospital Project will have a less than significant impact through the EIR and therefore do not require the imposition of mitigation measures: A. Aesthetics - Scenic Hiahwavs and Visual Character or Quality The Project site is not located within the vicinity of a state scenic highway, as designated by the California Department of Transportation.2 According to the City of Temecula General Plan, the Project site does not include any scenic resources, is not known for its visual character, nor does the site contain scenic resources. Development of the Project will result in a less than significant impact. (DEIR, p.4-4) The proposed Project will be visible from various residential lots north of the Project site, as illustrated in the photograph in Figure 4-2b in the EJR. However, the views are considered private, are not considered to be of public benefit, and are not protected by any City regulation or policy. While the hospital/medical complex will be apparently taller than surrounding development, it will appear as infill development. As illustrated in Figure 4-2a in the EIR, while the Project site can seen from residential areas to the north, particularly in comparison from the existing view, views of Palomar Mountain will not be blocked by the Project. The elevation of De Portola Road and adjacent residences to the north is greater than the elevation of the pad areas of the Project site. Therefore, the building height will appear slightly lower than the actual height from the residences to the north. To soften views and blend the development with surrounding urbanization, the preliminary landscape plan proposes numerous evergreen trees such as Afghan Pine, Coast Live Oaks, and Silk Trees along the perimeter of the site between the residences and the hospital, which will buffer the visual appearance of the buildings and mask the development of the site. Incorporation of these Project features will help to reduce viewshed impacts. The proposed height of the hospital towers will continue to obstruct views from nearby locations. However, because the views are considered private, are not considered to be of public benefit, and are not protected by any City regulation or policy, impact will be less than significant. (DEIR, p. 4-5) B. Air Qualitv - Construction Odors and Consistency with Adooted Plans and Policies The Project has the potential to create objectionable odors during construction. Some odors may be associated with the operation of diesel engines during site preparation. However, these odors are typical of urbanized environments and would be subject to construction and air quality regulations, including proper maintenance of machinery to minimize engine emissions. These emissions are also of short duration and are quickly dispersed into the atmosphere. Therefore, the Project will not create significant objectionable odor impacts during construction. (DEJR,4-24) 2 California Department of Transportation. California Scenic Highway Mapping System. htlo:/lwww.dot.ca.oovlhoILandArchlscenic hiohwavsl Date accessed: August 11, 2005. With respect to determining Project consistency with SCAQMD and Southern California Association of Governments (SCAG) air quality policies, it must be recognized that air quality planning in the South Coast Air Basin focuses on the attainment of the ambient air quality standards at the earliest feasible date. The SCAQMD CEQA emissions thresholds for construction and operational phase emissions are designed to identify those Projects that would result in significant levels of pollutants, as well as promote the attainment of the California ambient air quality standards and national ambient air quality standards. General Plans are used to assist in development of the AQMP, which provides the framework for attainment of the ambient air quality standards and national ambient air quality standards. The Temecula Hospital Project proposes development on the Project site at an intensity greater than the two-story building height limit established in the General Plan Land Use Element for this site. However, the proposed hospital and medical uses involve a total of 566,160 square feet of building area, whereas a commercial office development constructed pursuant to current land use regulations could yield up to 769,059 square feet based on an assumed Floor-Area Ratio of 0.5. The proposed uses would generate up to 65% fewer vehicle trips than the commercial/office uses on the site assumed in the General Plan (see discussion of Alternative 2 in Section 5.0 of the EIR). Finally, Policy 1.8 in the Land Use Element states: "Encourage future development of a community hospital and related services, as well as a community college, major college or university." Therefore, the Project is consistent with goals and policies within the General Plan. As the Project is consistent with the City of Temecula General Plan Land Use and Open Space/Conservation Elements, it is assumed to be consistent with the AQMP, and the development's assumptions are included in the modeling for the AQMP. (DEIR, p. 4-25) C. Hydroloav and Water Qualitv Storm Water Drainage and Water Quality Compliance with the existing regulations, which require Riverside County Flood Control District review to ensure adequate flood control capacity, on-site drainage provision, drainage fees payment, and Storm Water Pollution Prevention Plan preparation, will ensure a less than significant impact on storm water drainage and water quality. (DEIR, pA-33) . . California Water Code Sections 10910-10915 In compliance with California Water Code Section 10910-10915, all future development Projects pursuant to the General Plan that meet criteria specified in the law are required to determine whether projected water supplies available during normal, single-dry, and multiple-dry water years will be sufficient, to satisfy demands of the proposed Project, in addition to existing and planned future uses. No major development Project will be permitted to proceed unless required determinations can be made. Water Code Section 10910 applies to the Project because the proposed hospital and medical office building complex meets the criteria established in California Water Code Section 10912 (a)(1) in square feet and potential employment. The Rancho California Water District (RCWD) owns, operates, and maintains the public . water system within which the proposed Project will be located. RCWD will be the i I !. ,. I . water purveyor to the Project. RCWD has prepared a water supply assessment for the proposed Project; this assessment states that the projected water demand for the Temecula Regional Hospital is approximately 42 acre-feet per year. This demand has been anticipated and included in the adopted Urban Water Management Plan and Water Facilities Master Plan for RCWD. Furthermore, based on the projected water demands for the Temecula Regional Hospital and future demands projected for the Project service area, this Project demand is less than the Water Facilities Master Plan projected demands based on land use for the Project location. Therefore, the 42 acre- feet demand estimated for the Project has been provided for and can be met with existing supply capacities. To accommodate future developments such as the Temecula Regional Hospital, the District intends to meet supply planning issues through a combination of the following alternatives: 1. Continued practice of managing groundwater levels through natural and artificial recharge via groundwater extracted using existing and planned RCWD-owned wells. 2. Annual water purchase of direct imported and replenishment water via Metropolitan Water District of Southern California and from Vail Lake. 3. Orderly implementation of recycled water system use expansion as proposed to be available. 4. Conservation measures. Due to RCWD's access to local groundwater sources, the availability of local groundwater sources, and the ability to purchase imported water and store it within the basin, short-term drought situations have historically had negligible effect on the ability to supply customers. Additionally, if surface water flows are reduced as a result of single or multiple dry, or critically dry years, RCWD has the ability to meet demands by augmenting its supply with increased groundwater extractions, along with implementation of conservation and other measures. RCWD also anticipates that the use of recycled water will increase, thereby reducing the use and reliance of domestic water sources, furthering RCWD's ability to supply water during single or multiple dry, or critically dry, years. Therefore, RCWD has concluded that sufficient water supply exists to support the Ternecula Regional Hospital development as required by California Water Code Section 10910. Impact is less than significant. (DEIR, p. 4-33, 4-34, and 4-35) D. Land Use and Planning, The Professional Office General Plan land use designation will continue to apply to the Project site. The uses proposed are all permitted within this designation. Thus, no conflict with underlying General Plan land use policy will apply. The elimination of the Z2 overlay would eliminate building height restrictions. As a default, the standards of the applicable zone would apply. The PO zoning district has a building height limit of 75 feet. However, the applicant has submitted a PDO application with the zone change application to allow a maximum height of 115 feet for the tower structures. In approving the Project, the City Council . has determined that no conflict between General Plan policy and zoning regulations result, and impact is less than significant. (DEIR, p. 4-39) The Project will be a phased development that will allow for efficient implementation of public facilities and services within the Project area. Furthermore, potential jobs will be created through the development and programming of this regional hospital, and the housing for the hospital workers will be accommodated through new housing developments anticipated in the City's General Plan. Therefore, the proposed Project will be consistent with goals and polices of the Growth Management/Public Facilities Element. Impact is less than significant. (DEIR, p. 4-40) All uses currently permitted in the existing PO zoning district will still be permitted in new PDO-9 zone. Thus, no conflict or impact will result. The primary changes that will occur as a result of the new proposed PD~ and the Development Plan will be a change to the building height limit (to allow up to 115 feet) and the establishment of development standards applicable strictly to this site. The PD~ document submitted with the application indicates an allowable maximum building height limit of 115 feet. In approving the PDO-9 zone, the City Council has determined that the PDO-9 zone is appropriate land use policy and zoning for the subject property. Therefore, impact will be less than significant. (DEIR, p. 4-40) The hospital, medical office, and related uses are consistent with established and . planned development uses and patterns along Highway 79 South, south of De Portola Road. With regard to the residential uses, the site is separated from these uses by, respectively, a six-lane roadway to the south and an approximate 88-foot road right-of- way to the north. Also, the site plan builds in buffers in the form of parking lots and landscaping to ensure compatibility between the uses on the site and residential uses. The uses proposed are considered consistent and compatible with surrounding uses; impact will be less than significant. (DEJR, p. 4-41) With regard to intensity of use, the Project will result in a more intense use of the site than is currently allowed under land use regulations due to the proposed increased height standard. The Project will require approval of a planned development permit to provide for the development of the site with the uses, structures, parking, landscaping, and other components of the proposed development, and to provide development standards for the Project. The hospital bed-towers will be set back and located toward the center of the site. The nearest tower will be set back approximately 210 feet from the nearest residentially zoned parcel and approximately 630 feet from De Portola Road. Extensive perimeter landscaping and landscaping adjacent to the buildings will be provided. These Project features will minimize perceived visual effects and ensure compatibility with surrounding uses. Therefore, land use compatibility impacts with regard to development standards are not considered significant. (DEIR, p. 4-41) . . . . E. Noise (Construction. Ground-Borne Vibration. Traffic-related Noise. Sirens. Loading Activities. Parkino Lot Activities, Trash PickuD. Landscao.ino/Maintenance. and Future Exterior/Interior Noise Environment Construction noise impacts will be less than significant due to compliance with Section 8.32.020 of the Municipal Code. (DEIR, p. 4-64) The proposed Project will not generate excessive ground-borne vibration or ground- borne noise levels. However, ground-borne vibration may be perceptible during the demolition, site clearing and grading phase of the construction when activity occurs very near the property lines. This is not considered to be a significant impact due to the short duration of the activity. (DEIR, p. 4-64) Although siren noise may cause some annoyance at nearby noise-sensitive receptors, noise from emergency vehicles is considered to have a less than significant impact because it will only occur sporadically and for short periods of time, and because sirens are necessary for safety during an emergency. (DEIR, p. 4-58) Traffic noise, parking lot noise, and noise associated with site maintenance will be less than significant. (DEIR, p. 4-64) Activity at the loading docks have the potential to create excessive noise. Assuming that the worst-case 1 a-minute average noise level at the proposed loading docks will be the same, and allowing for the noise reduction provided by the distance from the loading docks to the nearest occupied home (approximately 845 feet), the estimated 1 a-minute average noise level at the home due to loading dock activities is approximately 50 dB(A). With four deliveries over a 24-hour period, this equates to a CNEL of 42 dB. This level is below the daytime stationary noise source standards of 65 dB. Measurements indicate that the existing CNEL at the home is about 57 dB, so loading dock activities will not increase the noise level by 3 dB or more. The impact is less than significant. (DEIR, p. 4-61) At the office property to the east (a distance of about 285 feet) from the loading docks, the CNEL is expected to be about 51 dB. This is below the City's standard of 70 dB, and will not increase the existing CNEL by 3 dB or more; therefore, the impact is less than significant. (DEJR, p. 4-61) Trash pickup is frequently a cause of complaints from residents living adjacent to commercial uses. Typical noise levels range from 80 to 85 dB(A) at a distance of 50 feet from the source during raising, lowering, and compacting operations. However, this noise is temporary and will not occur on a constant basis. A typical trash pickup lasts only three minutes on average and is a common noise source that exists throughout the community. Therefore, this Project impact will be less than significant. (DEJR, p. 4-63) The exterior noise standard of 70 dB CNEL for a hospital site is exceeded at all exterior . locations within 255 feet of the centerline of the nearest lane of Highway 79 South. However, no exterior useable/habitable spaces are located within this envelope. Impact will be less than significant. (DEIR, p. 4-64) The interior noise standard will not be exceeded within any medical office building nor hospital facility given the noise estimates and the noise reduction characteristics of the buildings themselves. The noise levels inside the buildings will comply with the interior CNEL standard of 50 dB. At locations further from the street, the estimated CNEL will be lower than. 50 dB. Impact is less than significant. (DEIR, p. 4-64) Section 4. Findings Concerning Potentially Significant Impacts Which Can be Mitigated to Levels of Insignificance. The City Council hereby finds and determines that mitigation measures outlined in the Draft EIR have been incorporated into the Temecula Regional Hospital Project that avoid or substantially lessen the fOllowing potentially significant environmental impacts identified in the Project Draft EIR to a less than significant level. The potentially significant Project impacts and the mitigation measures which have been adopted to mitigate them to a less than significant level are as follows: A. Aesthetics - Liaht and Glare 1. Potential Significant Impact . The Project will introduce new sources of light and glare typically associated with a hospital and medical office. A minimum of one-foot candle illumination is required in all parking, loading, and circulation areas, and a minimum of two-foot candle illumination is required for the main entries of each building. Lighting is required to be directed down and fUlly shielded to reduce the amount of glare into the night sky and onto adjacent parcels. The applicant has proposed low-pressure sodium outdoor lighting fixtures, which is consistent with Ordinance 655. The City is requiring the Project applicant to locate all ground-mounted lighting as far away as possible from the residences. All free-standing lighting in the parking lot will be consistent with the setbacks set forth in the Development Code and Design Guidelines. The hospital towers have the potential to emit glare from the upper floors. (DE/R, p. 4-14) 2. Findings 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 DEJA. Implementation of the following . mitigation measures will reduce potential aesthetic impacts to a less than significant level: i :. ,I I .. . A-1. Prior to issuance of a building permit, City staff shall verify that a photometric plan has been submitted which details the proposed light levels for the entire Project site onto adjacent Project boundaries and vertical fugitive light, including means to mitigate. Corresponding criteria for helicopter/heliport uses and ambulance light use and operations shall also be prepared and include means to mitigate potential light impacts. (DEIR, p. 4-15) , A-2. All windows above the second floor of the hospital and/or medicaJ office buildings shall consist of glazed windows and/or tinting (non- reflective glass/window~) to reduce the amount of glare emitted from the upper floors. (DEIR, p. 4-15) A-3. The applicanVdeveloper shall plant, irrigate as necessary, and replace as necessary mature trees (24-inch or greater) and shrubs (15-gallon or greater) around the perimeter of the Project site. Such landscaping treatment may include decorative walls. The Planning Director shall approve the final design of any walls and/or berming and landscaping. Enhanced landscaping may be required along the northern property line and adjacent to residential parcels. (DEJR, p. 4-15) B. Noise - Operational Impacts (Mechanical Yard. Emeraencv Generators. Mechanical Eauipment Room. Rooftoo Eouioment\ 1. Potential Significant Impact Mechanical Yard Duty Equipment The mechanical yard duty equipment's noise level for all the equipment is 74 dB(A) at 50 feet. At the worst-case noise-sensitive location, the estimated noise level is 51 dB(A) and, over a 24-hour period, the CNEL will be about 58 dB. This level complies with the City's standard of 65 dB; however, the CNEL at the residence will increase by approximately 4 dB. In addition, the CNEL generated by the duty equipment is estimated to be 71 dB at the nearest office location. This exceeds the City's standard of 70 dB. Therefore, the impact is significant, and mitigation is required. (DEJR, p. 4-62) Mechanical Yard Emergency Generators The emergency generators' estimated noise level for each of the two generators is 86 dB(A) at 52 feet. This level does not include additional noise from the engine exhaust stack, which may increase the noise level by several decibels depending on the quality of the muffler. At the worst- case noise-sensitive location, the estimated noise level is 63 dB(A), without the contribution of the engine exhaust. On a maintenance test day, this equates to a CNEL of at least 41 dB, which complies with the . City's standard. However, if the generators run continuously over a 24- hour period, the CNEL will be at least 70 dB. This exceeds the City's 65 dB standard. In addition, the CNEL will be at least 82 dB at the nearest office property if the generators run continuously for 24 hours, which exceeds the City's standard. Therefore, the generator impact is potentially significant at both the worst-case noise-sensitive location and the office location as well. (DEIR, pgs. 4-62 and 4-63) The Mechanical Equipment Room The mechanical equipment room is to be located inside the Phase IB hospital building, adjacent to the mechanical yard. An analysis of the central plant room noise levels is not currently possible, as the construction of the room/building is not known and the details for all the equipment are not available. However, based on the fact that the central plant will contain various mechanical equipment including pumps, chillers, and boilers it is anticipated that it could produce significant impacts at nearby noise-sensitive receivers unless mitigation is incorporated into the design. Therefore, the impact is potentially significant, and mitigation is required. (DEIR, p. 4-63) Rooftop Mechanical Equipment Rooftop mechanical equipment such as air conditioning and refrigeration . units and their associated inlet and exhaust systems are potential noise sources. However, structural designs are easily implemented in new construction, and it is anticipated that such measures will be' included during the final design of the Project to minimize rooftop mechanical equipment noise. (DEIR, p. 4-63) 2. Findings 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 DEIR. Implementation of the following mitigation measures will reduce potential noise impacts to a less than significant level: N-1 Once the mechanical equipment (including emergency generators) is fully operational upon completion of Project construction, the applicant/permittee shall conduct continuous, 24-hour noise monitoring for a period of one week. Such monitoring shall be conducted by a certified acoustical engineer. If the noise levels exceed land use/noise compatibility threshold levels set forth in the City of Temecula General Plan or other City-adopted criteria that may be in place at the time, the applicant/permittee shall implement measures to achieve the thresholds or other adopted criteria. Such . . measures may include, but not be limited to, noise attenuation barriers, equipment baffling, or other approaches deemed appropriate by a certified acoustical engineer. Once the mitigation has been implemented, the acoustical engineer shall file a report with the City documenting compliance. (DEIR, p. 4-65) N-5 Mechanical ventilation shall be provided for all medical and office buildings on the site to ensure compliance with interior noise standards established in the General Plan. (DEIR, p. 4-65) C. TransDortation - Proiect ImDacts 1. Potential Significant Impacts The Project will result in the following significant traffic impacts requiring mitigation: Phase 1: Intersections operating at LOS E or F due to Project-related or cumulative impacts: . I. hours . hours . . . Highway 79 South/Interstate 15 southbound ramps - both peak Highway 79 South/Interstate 15 northbound ramps - both peak Highway 79 South/La Paz Street - P.M. peak Highway 79 South/Pechanga Parkway - P.M. peak Highway 79 South/Red hawk Parkway/Margarita - both peak hours Phase 1: Roadway links operating at LOS E or F due to Project-related or cumulative impacts: . Highway 79 South: west of Pechanga Parkway · Highway 79 South: west of Margarita Road Project at Build-out: Intersections operating at LOS E or F due to Project- related or cumulative impacts: . . Highway 79 South/Interstate 15 southbound ramps - both peak hours . Highway 79 South/Interstate 15 northbound ramps - both peak hours . Highway 79 South/La Paz Street - P.M. peak . Highway 79 South/Pechanga Parkway - P.M. peak . Highway 79 South/Project Driveway/Country Glen Way - LOS F at A.M. and P.M. peak hour . Margarita Road/Highway 79 South - LOS F at A.M. and P.M. peak hour . Highway 79 South/Red hawk Parkway/Margarita - both peak hours . Project at Build-out: Roadway links operating at LOS E or F due to Project-related or cumulative impacts: . Highway 79 South: west of Pechanga Parkway . Highway 79 South: west of Margarita Road . Margarita Road: De Portola Road to Dartolo Road . Margarita Road: Dartolo Road to Highway 79 South 2. Findings 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 DEI A. Implementation of the following mitigation measures will reduce potential transportation - Project impacts to a less than significant level: The Project applicanVpermittee will be required to contribute fair-share payments for the following improvements: T-1. Signalize the main Project site access from Highway 79 South opposite Country Glen Way with the following configuration: Westbound: 1 right-turn lane 3 through lanes 1 left-turn lane . Eastbound: 2 left-turn lanes 2 through lanes 1 shared through/right lane Northbound: 1 left-turn lane 1 shared through/right lane Southbound: 2 left-turn lanes 1 shared through/right lane (20 feet wide) (DEIR, pA-93) T-4. Improvements on the Project site shall include a driveway onto De Portola Road developed to the specifications of the Public Works Director. (DEIR,4-94) Section 5. Findings Concerning Impacts Which Cannot be Fully Mitigated to a Level of Insignificance. The City. Council hereby finds that, despite the , incorporation of mitigation measures outlined in the Draft EIR, the following impacts . cannot be fully mitigated to a less than significant level, and a Statement of Overriding Considerations is therefore included herein: , , !I. A. Air Qualitv - ShorHerm. Lona-term. and Cumulative 1. Potential Significant Impact Short- Term Construction activity will produce daily emissions above the South Coast Air Quality Management District's (SCAQMD) significance thresholds for oxides of nitrogen (NOx) and reactive organic gases (RaG). The NOx emissions are primarily attributable to exhaust from construction vehicles, and the RaG emissions are primarily from the application of architectural coatings. The emissions of these pollutants are considered to produce a significant adverse short-term regional air quality impact because the levels of these emissions are projected to exceed SCAQMD air pollutant significance thresholds. (DEIR, p. 4-23) I. Long- Term and Cumulative Air pollutant emissions associated with Project operations will be generated due to the consumption of electricity and natural gas (so-called stationary sources) and by the operation of on-road vehicles (mobile sources). Because it is not possible to isolate geographically where production of electric power occurs, these emissions are considered to be regional in nature. Emissions of criteria pollutants associated with the production of energy were calculated using emission factors from the SCAQMD's CEQA Air Quality Handbook. (DEIR, p. 4-24) Regional emissions from the operation of the Temecula Regional Hospital are estimated to produce air pollutant emissions above the SCAQMD significance thresholds for carbon monoxide (CO) and RaG. As such, regional emissions associated with the operational phase of the Project will result in a significant adverse air quality impact related to RaG and CO. (DEIR, p. 4-25) 2. Findings Implementing the following mitigation measures will reduce air quality impacts to the extent feasible. AQ-1. The applicant/permittee shall coordinate with the Riverside Transit Agency (RTA) for a final location, design, and type of staging area (or turn-out) appropriate for the Project site. Written authorization and final approved design plans shall be submitted to the City of Temecula Planning Department. (DEIR, p. 4-26) . AQ-2. The applicant/permittee shall incorporate and encourage Transportation Demand Management (TDM) techniques for reducing vehicle trips during construction, as well as during the daily operations of the hospital facility. TDM techniques shall include but not be limited to the following: encouraging car and vanpooling, and offering flex hours and/or flex schedules during the . on-going operation of the facility. Written proof of such program shall be submitted to and approved by the Planning Director prior to the issuance of a grading permit for construction activities and prior to the issuance of a Certificate of Occupancy for the operation of the medical offices. (DEIR, p. 4-26) AQ-3. The applicanVpermittee shall incorporate energy efficiency standards appropriate for medical facilities and, professional office buildings, as defined by State of California regulations. (DEIR, p. 4- 26) AQ-4. The applicanVpermittee shall submit a final landscape plan for the Project site incorporating native drought-resistant vegetation and mature trees (15 gallon, 24-inch box and 36-inch box). If more than 100 days elapses from the time grading is complete and beginning of construction, the City of Temecula may require temporary landscaping to reduce the amount of dust and to prevent dust and erosion, with such temporary landscaping to be installed at the applicanVpermittee's expense. (DEJR, p. 4-26) AQ-5. Prior to the issuance of a grading permit and during the duration of construction activities, the applicanVpermittee shall verify in writing (to the Planning Department) that all earth-moving and large equipment are properly tuned and maintained to reduce emissions. In addition, alternative clean-fueled vehicles shall be used where feasible. Construction equipment should be selected and deployed considering the lowest emission factors and highest energy efficiency reasonably possible. (DEIR, p. 4-27) . AQ-6. Prior to the issuance of a grading permit, a watering program shall be submitted to the City of Temecula Public Works Department for approval. Said program shall include control of wind-blown dust on site and on adjacent access roadways. The City Public Works Director reseNes the right to modify this requirement as necessary based upon the circumstances that present themselves during the Project construction. (DEIR, p. 4-27) AQ-7. The applicanVpermittee shall prepare and submit a comprehensive Fugitive Dust Control Plan to the City of Temecula, including compliance with SCAQMD Rule 402 - Nuisance and Rule 403 - Fugitive Dust. The Fugitive Dust Control Plan shall include applicable best available control measures included in Table 1 and Table 2 of Rule 403 during grading and construction such as the following examples listed below: . . . Soil stabilization methods such as water and environmentally safe dust control materials shall be periodically applied to portions of the construction site inactive for over four days. . Establish a vegetative ground cover within 21 days after active operations have ceased. . Apply chemical stabilizers within five working days of grading completion. . Water all roads used for vehicular traffic at least twice per daily, at least once in the morning and at least once in the afternoon. . Restrict vehicle speeds to 15 miles per hour. . Apply water or chemical stabilizers to at least 80 percent of the surface area of open storage piles on a daily basis when there is evidence of wind driven fugitive dust or install temporary coverings. . Cover haul vehicles prior to exiting the site. . Direct construction traffic over established haul routes. , , I I '. The Fugitive Dust Control Plan shall be reviewed and approved by the SCAQMD prior to the commencement of grading and excavation operations. Compliance with The Fugitive Dust Control Plan shall be subject to periodic site monitoring by the City. (DEIR, p. 4-27) AQ-8. During the course of the Project grading and construction, the applicant/permittee shall post signs on the site limiting construction- related traffic and all general traffic to 15 miles per hour or less. (DEJR, p. 4-27) AQ-9. The applicant/permittee shall establish construction equipment and supply staging areas located at least 500 feet from the nearest property line of a residentially improved parcel. (DEJR, p. 4-27) AQ-10. The applicant/permittee shall properly maintain all waste- related enclosures and facilities and comply with the state emission controls to ensure against Project site related odors during construction and subsequent use. (DEJR; p. 4-28) . AQ-11. All trucks exporting and/or importing fill to/from the Project site shall use tarpaulins to fully cover the load in compliance with State Vehicle Code 23114. Material transported in trucks off site (to and/or from the site) shall comply with State Vehicle Code 23114, with special attention to Sections 23114(b) (2) (F), (b) (F), (e) (2) and (e) (4) as amended. Material transported on-site shall be sufficiently watered or secured to prevent fugitive dust emissions. Lower portions of the trucks, including the wheels, shall be sprayed with water, which shall be properly managed so as to prevent runoff, to reduce/eliminate soil from the trucks before they leave the construction area. (DEIR, p. 4-28) AQ-12. During the course of the Project grading and construction, . the applicant/permittee shall ensure the sweeping of adjacent streets and roads to prevent the placement or accumulation of dirt in the roadway. Sweeping of adjacent streets and roads shall be done as necessary, but not less than once per day, at the end of each day of grading and/or construction. (DEIR, p. 4-28) AQ-13. During periods of high winds (Le., wind speed sufficient to cause fugitive dust to impact adjacent properties, generally wind speeds exceeding 20 miles per hour, averaged over an hour), the applicant/permittee shall curtail all clearing, grading, earth moving and excavation operations as directed by the City Engineer, to the degree necessary to prevent fugitive dust created by on-site activities and operations from being a nuisance or hazard, either off-site or on-site, or as determined by the City Engineer at his sole discretion. (DEIR, p. 4-28) AQ-14. The applicant/permittee shall use zero Volatile Organic Compounds (VOC) content architectural coatings during the construction and repainting of the Project to the maximum extent feasible. This measure will reduce VOC (ROG) emissions by 95 percent over convention architectural coatings. The following websites provide lists of manufacturers of zero VOC content coatings: . htlo://htlP://www.agmd.oov/prdaslbrochureslSuper-Compliant AI M.pdf http://www.delta-institute.oro/publications/paints.pdf (DEIR, p. 4-28) AQ-15. The Project site shall be watered down no less than 3 times (not including the morning and evening water down) during construction and/or grading activities to reduce dust. (DEIR, p. 4- 28) AQ-16. All refuse areas shall be completely enclosed and include a covered roof subject to the approval of the Planning Director. Refuse areas shall be maintained within an enclosed structure and covered at all times, except during pick-up times for off-site removal. (DEIR, p. 4-28) AQ-17. The applicant/permittee shall provide a clear path of travel for pedestrians, including directional signs to/from the public streets (De Portola Road and Highway 79 South) to promote alternative transportation. (DEIR, p. 4-28) 3. Supporting Explanation . The proposed Temecula Regional Hospital Project will result in significant air quality impacts during the Project's construction and operational . phases. With mitigation, AOG emissions will be less than significant. However, NOx emissions from construction vehicle exhaust will continue to exceed the SCAQMD emissions threshold and result in a significant, unavoidable short-term air quality impact. (DEIA, p. 4-29) Once the hospital and other on-site facilities are in operation, estimated emissions of CO and AOG will exceed the operational phase thresholds established by the SCAQMD. Even with measures to encourage trip reduction and energy efficiency, emissions cannot be mitigated to below a level of significance. Long-term air quality impacts will be significant and unavoidable. (DEIA, p. 4-29) B. Noise - Associated with the Maximum Potential Number of Emeraencv Helicooter Fliohts 1. Potential Significant Impacts , Ie The Project includes a helipad to be used for the emergency evacuation of any patient who cannot be treated at the hospital. The helipad permit to be issued by the California Department of Transportation will have a limit of a maximum six flights per month. The applicant anticipates no more than one flight per month. However, assuming one flight on a "worst- case" day, and that the flight hovers for one minute prior to landing or climbing, the sound exposure level (SEL) would be 94 to 100 dB(A). The estimated annoyance level at the nearest residences ranges from 3 to 4 (on a scale from 0 to 10). If this condition occurred up to six times per month, the level of short-term, periodic impact could be considered significant by those persons living closest to the hospital. (DEI A, p. 4-61) 2. Findings Implementing the following mitigation measures will reduce noise impacts to the extent feasible: N-2 Helicopter flights shall be limited to emergency-only circumstances for critical patient transport. The applicanVpermittee shall apply for a Special Use Helipad Permit for an Emergency Medical Services Landing Site, as provided for in the California Code of Aegulations, Title 21, Section 3527, Airport and Heliport Definitions. This permit allows, over any 12-month period, for no more than an average of 6 landings per month with a patient or patients on the helicopter, except to allow for adequate medical response to a mass casualty event, even if that response causes the site to be used beyond these limits. (DEIR, p. 4-65) ,. N-3 Helicopter pilots responding to calls for patient transport shall be informed of a preferred approach and departure heading of 1350 southeast. (DEJA, p. 4-65) 3. Supporting Explanation . Even with mitigation measures to reduce helicopter flight noise impacts, these impacts cannot be mitigated to below a level of significance because of the uncertainty of the exact number of flights per month due to the unknown number of emergencies that will occur within any given month. Helicopter flight noise impacts will be significant and unavoidable. (DEIR, p.4-66) C. Traffic & Circulation - Cumulative ImDacts 1. Potential Significant Impacts New residential, commercial, industrial, and other development occurring throughout the Project area, combined with Project trips, will increase the number of vehicle trips to, through, and from the surrounding area. Vehicle trips from the Project and related Projects are anticipated to create or add to traffic congestion on Highway 79 South, especially near the 1-15 ramps, and at selected roadway segments and intersections. The 21 cumulative Projects generate a total of 160,500 average daily trips with 5,560 trips in the AM peak hour and 6,130 trips in the PM peak hour (2,209 inbound and 1,489 outbound). Some vehicle trips would be confined to the area (short trips), while others would travel outside the . Project area to surrounding counties and urban centers and affect the regional transportation system. Adverse impacts to the circulation network would occur if roadway improvements and trip reduction measures and programs are not implemented. In accordance with City of Temecula regulations, each development Project will be assessed its fair share for identified roadway improvements. Payment of the City's traffic impact fees will allow the City to fund signalization, roadway widening, and other transportation programs and improvements necessary to maintain acceptable levels of service at local intersections. Increases in traffic generated by new development are generally anticipated to be mitigated to less than significant levels through payment of fair share fees and citywide and Project-level roadway improvements. The proposed Project will not result in any cumulative impacts to intersections, but the following roadway links will continue to operate over capacity: . Highway 79 South west of Pechanga Parkway . Highway 79 South west of Margarita Road . Margarita Road: De Portola Road to Dartolo Road . Margarita Road: Dartolo Road to Highway 79 South . . Cumulative impacts to these roadway links at Project build-out will be significant and unavoidable. Furthermore, some intersections near 1-15 will continue to experience LOS E and F conditions into the future. Cumulative impacts, as noted in the General Plan EIR, will be significant and unavoidable. (DEIR, p. 6-4) ; I. .;. '~ 2. Findings . Implementing the following mitigation measures will reduce traffic impacts to the extent feasible. Also, other roadway system enhancements will be pursued over the long term to implement the recently updated General Plan Circulation Element. (DEIR, p. 6-4) T-2. The Project applicanVpermittee will pay Riverside County Transportation Uniform Mitigation Fees (TUMF) to mitigate cumulative impacts to the Highway 79 South intersection at 1-15. (DEIR, p. 4-94) T-3. The Project applicanVpermittee will contribute a fair share toward the provision of the following roadway improvements to address the Project's contribution toward cumulative impacts: Intersection Required Improvements Highway 79 South/I-15 Southbound Ramps Highway 79 South/l-15 Northbound Ramps Additional southbound left-turn lane Additional eastbound through lane, plu~ convert westbound right lane to free rig hI turn ~ Widen southbound movement to duallehW turn lanes and one shared through/righ1 lane Additional northbound left-turn lane, plus eastbound and northbound free right-turn lanes Signalize and provide dual eastbound left-turn lanes and dual southbound left- turn lanes with a shared through/right- turn lane. Provide a dedicated right-turn lane for westbound approach. Highway 79 South/La Paz Road Highway 79 South/Pechanga Parkway Highway 79 South/Project Driveway/Country Glen Way Highway 79 South/Redhawk Parkway/Margarita Road (DEIR, p. 4-94) Provide southbound and eastbound dual left and right-turn traffic signal overlaps. 3. Supporting Explanation Cumulative impacts on these roadway links at Project build-out will be significant and unavoidable. Furthermore, some intersections near 1-15 will continue to experience LOS E and F conditions into the future. Cumulative impacts, as noted in the EIR, will be significant and unavoidable. . . . :. Section 6. Findings Concerning Alternatives to the Project. The City Council hereby declares that it has considered the alternatives identified in the EIR as described below. CEQA requires that an EIR evaluate a reasonable range of alternatives to a Project, or to the location of a Project, which: (1) offer substantial environmental advantages over the Project proposal, and (2) may be feasibly accomplished in a successful manner within a reasonable period of time considering the economic, environmental, social and technological factors involved. An EIR must only evaluate reasonable alternatives to a Project that could feasibly attain most of the Project objectives, and evaluate the comparative merits of the alternatives. In all cases, the consideration of alternatives is to be judged against a "rule of reason." The lead agency is not required to choose the "environmentally superior" alternative identified in an EIR if the alternative does not provide substantial advantages over a proposed Project and (1) through the imposition of mitigation measures the environmental effects of a Project can be reduced to an acceptable level, or (2) there are social, economic, technological or other considerations which make the alternative infeasible. The City's objectives for the proposed Project and the Project area are to: . Encourage future development of a regional hospital and related services Support development of biomedical, research, and office facilities to diversify Temecula's economic and employment base . . Ensure the compatibility of development on the subject site with surrounding uses in terms of the size and configuration of buildings, use of materials and landscaping, the location of access routes, noise impacts, traffic impacts, and other environmental conditions . Provide for superior, easily accessible emergency medical services within the City of Temecula . Incorporate buffers that minimize the impacts of noise, light, visibility of activity, and vehicular traffic on surrounding residential uses . Facilitate construction of a regional hospital facility designed to be an operationally efficient, state-of-the-art facility that provides economic benefits to the City The objectives of Universal Health Services, the Project applicant, for the proposed Project are to: . Provide high-quality health services to the residents of Temecula and surrounding communities . Provide a regional hospital facility that includes standard hospital services, with outpatient care, rehabilitation, and medical offices . Provide a regional hospital facility designed to be an operationally efficient, state- of-the-art facility that meets the needs of the region and hospital doctors . . Provide medical offices adjacent to the hospital facility to meet the needs of doctors and patients who need ready access to the hospital for medical procedures . Provide a regional hospital facility that is centrally located, with access from a major roadway, to best serve the medical service needs of local residents and the region A. No Project Alternative - No Build 1 . Description The "No Project Alternative" alternative assumes that site conditions would remain the same as existing conditions, and no development would occur in the near future. (DEIR, p. 5-4) 2. Finding The City Council finds that the No Project Alternative does not meet any of the Project objectives identified by the City nor the applicant. However, it has fewer environmental impacts than the Project. 3. Supporting Explanation . This alternative generally would avoid the significant air quality impacts associated with the Project and would not generate any additional traffic. No new noise sources would be created. Overall impacts associated with the No Project Alternative would be less than those resulting from the Project. While this alternative has fewer environmental impacts than the proposed Project, it meets none of the Project objectives identified by the applicant and the City. (DEIR, p. 5-4) B. No Project - Development Pursuant to Current General Plan 1 . Description The "No Project Alternative - Development Pursuant to Current General Plan" alternative assumes that the Project site ultimately would be developed pursuant to current General Plan land use policies, goals and policies, and zoning criteria. The site would be developed pursuant to the standards of the Professional Office (PO) General Plan designation and the applicable zoning of PO and Planned Development Overlay-8 (PDO- 8). This development scenario could yield approximately 769,000 square feet of commercial and office development, based on current zoning regulations and an assumed floor-area ratio of 0.5. (DEIR, p. 5-4) . 2. Finding '. The "No Project Alternative - Development Pursuant to Current General Plan" would not attain the City's objective to encourage future development of a regional hospital and related services, or the applicant's objective to provide high-quality health services to the residents of Temecula and surrounding communities. It would potentially have greater air quality and traffic impacts, while potentially having reduced land use and planning impacts. 3. Supporting Explanation This alternative could result in potentially greater air quality and traffic impacts. Impacts related to land use and planning would be reduced compared to the Project. Noise impacts associated with helicopter operations would be avoided. However it would not attain the City's objective to encourage future regional hospital and related services nor would it attain the applicant's objective to provide high-quality health services to Temecula or surrounding communities' residents. All other impacts would be comparable to those associated with the proposed hospital Project. (DEIR, p. 5-6) C. Alternative Site - Corona Family Properties I i. 1. Description The alternative site considered for this Project includes land now owned by Corona Family L TD Partnership located at the northeast corner of Butterfield Stage Road and Highway 79 South. The site is comprised of three adjacent parcels totaling approximately 39.5 acres (APN 952150003, 9.61 acres; APN 952150001, 9.56 acres; and APN 952150002,20.34 acres). The two smaller parcels are designated within the General Plan as Community Commercial and are zoned for Community Commercial use. The larger, 20+ acre parcel is not located within the City limits, but rather adjacent to the City within the County of Riverside. The Project site is within the City of Temecula General Plan planning area and is designated Vineyards/Agricultural, with County zoning of A-1-20. All properties would need to be under the applicant's control for the Project to proceed, and a County General Plan amendment, zone change, and annexation would be required for the larger parcel. (DEIR, p.5-7) 2. Finding :. The "Alternative Site" alternative has the potential to result in similar traffic and air quality as impacts the proposed Project, and could also result in adverse aesthetic, agricultural resource, and land use compatibility impacts. This alternative will not attain the applicant's objectives. However, this alternative would attain the City's objectives. 3. Supporting Explanation This alternative has the potential to result in adverse aesthetic, agricuitural resource, and land use compatibility impacts, whereas the Project does not. Also, the alternative site would require annexing a portion of the site into the City of Temecula. Noise impacts of this alternative could be greater due to slightly longer helicopter trips due to the location of the Project site on the eastern boundary of the City, which may require a flight path over more residential neighborhoods. Biological resource impacts are uncertain, as site-specific surveys would need to be performed to determine impacts. All other impacts would be comparable to those associated with the Project. The alternative site would not attain the applicant's objectives because the site is located farther from the broad population to be served City and the site has limited access. The alternative site would attain the Project objectives set forth by the City of Temecula. D. Access from Dartolo Road 1 . Description . The "Access from Dartolo Road" alternative would require the extension of Dartolo Road westward to the Project site and the construction of a bridge across the existing flood channel immediately east of the Project site. For . this alternative, no access to De Portola Road would be provided, and those vehicles oriented to/from De Portola Road under the proposed Project have instead been assumed to utilize Dartolo Road as an access point. As with the proposed Project, the access points along Highway 79 South were assigned ihe majority of the Project trips (63 percent), with a slightly lesser percentage of trips to Dartolo Road (33 percent) and the remaining (4 percent) Project traffic assigned through the reciprocal access to the adjacent development to the west and to Country Glen Way. Utilizing Dartolo Road as an access point would provide direct access to Margarita Road at a signalized intersection. According to City staff, there has been some discussion to remove the traffic signal at the Dartolo Road/Margarita Road intersection. However, currently there are no plans to do so. 2. Finding This alternative has the potential to create greater environmental impacts than those of the proposed Project. The alternative would, however, attain each of the Project objectives set forth by the City of Temecula and the Project applicant. 3. Supporting Explanation . :. .. . Traffic and biological resource impacts of the Access from Dartolo Road alternative could be greater than those associated with the proposed Project. Queues on Margarita Road would negatively impact operations at the Highway 79 South/Margarita Road intersection and would add more delay to traffic on Margarita Road. This queuing would be the result of more vehicles arriving at a signalized intersection than are leaving this intersection, which results in longer wait times for vehicles wishing to go through the intersection; thus, long queues form. If the traffic signal were removed in the future at the Margarita RoadlDartolo Road intersection, only right turns could be allowed to/from Dartolo Road. This would improve operations along the Margarita Road corridor but would make this location much less beneficial in terms of removing traffic from Highway 79 South, as compared to the De Portola Road access scenario. Additionally, the biological impacts of this alternative would be greater than those of the proposed Project, as the Initial Study found that no biological impacts would result from the Project. (DEIR, p. 5-14) This alternative would not eliminate significant adverse air quality or noise impacts associated with construction and operation of the proposed Project. The alternative would, however, attain each of the Project objectives set forth by the City of Temecula and the Project applicant. (DEIR, p. 5-14) E. Access from DePortola Road and Dartolo Road 1. Description The "Access from DePortola Road and Dartolo Road" alternative was conceived as a means of providing a third access to the site in conjunction with the construction of Phase II. The De Portola Road access, as described for the proposed Project, would be provided with Phase I, with access limited to right-turns and inbound left-turns. Outbound left-turns would be prohibited. Upon construction of Phase II, this alternative would require a third access via an extension of Dartolo Road, as described above for Access from Dartolo Road. This alternative would involve the extension of Dartolo Road westward to the Project site and the construction of a bridge across the existing flood channel immediately east of the Project site. (DEIR, p. 5-15) 2. Finding This alternative would not avoid nor eliminate adverse environmental impacts; however, it attains both the City and the applicant's Project objectives. 3. Supporting Explanation . This alternative would not avoid the significant traffic impacts associated with the Project. The extension of Dartolo Road as part of Phase" would not substantially divert traffic from the proposed primary entrance on Highway 79 South nor the De Portola secondary entrance. Biological resource impacts associated with this alternative would be greater than those associated with the Project due to construction within a jurisdictional wetland. The Initial Study found that no biological impacts would result from the Project. This alternative would not eliminate significant adverse air quality or noise impacts associated with construction and operation of the Project. The alternative would, however, attain each of the Project objectives set forth by the City of Temecula and the Project applicant. (DEIR, p. 5-20) F. Construction of Hospital Only 1 . Description The "Construction of the Hospital Only" alternative would result in a smaller development with no medical office buildings, cancer center, or . fitness rehabilitation center. This alternative was considered as a means to reduce the overall impact of the Project while still providing the community with a regional hospital. (DEIR, p. 5-20) 2. Finding This alternative has the potential to reduce environmental impacts and it meets the City's objectives. This alternative, however, does not attain the Project applicant's objectives. 3. Supporting Explanation The "Construction of Hospital Only" alternative would result in reduced impacts relative to aesthetics, air quality, and transportation since there would be a reduction in the total footprint of development. Therefore, the visual impact, trips generated by the Project, and short- and long-term air quality impacts would be less than those associated with the Project. Noise impacts associated with mechanical equiprnent could be reduced. While this alternative meets the City's objectives to encourage future development of a regional hospital and related services, and ensure compatibility of the proposed Project with surrounding uses, it fails to meet . the City's objective to support development of biomedical, research, and office facilities to diversify Temecula's economic and employment base. '. Furthermore, it does not meet applicant's objective to provide a regional hospital facility that includes standard hospital services, with outpatient care, rehabilitation, and medical offices since it would result only in construction of the hospital, and would not provide the same levels of rehabilitation or any of the medical office uses stated in the applicant's objectives. (DEIR, p. 5-22) Section 7. Findings Concerning Project Benefits and Statement of Overriding Considerations Pursuant to State CEQA Guidelines Section 15093, the City Council must balance the benefits of the Temecula Regional Hospital against any unavoidable environmental impacts in determining whether to recommend approval of the Temecula Regional Hospital. If the benefits of the Temecula Regional Hospital outweigh the unavoidable adverse environmental impacts, those impacts may be considered "acceptable." The City Council hereby finds that the Final EIR has identified and discussed significant effects that will occur as a result of the Temecula Regional Hospital. With the implementation of the mitigation measures discussed in the Final EIR, these effects can be mitigated to a less than significant level except for the unavoidable significant impacts as discussed in Section 5 of these Findings. ;. The City Council declares that it has made a reasonable and good faith effort to eliminate or substantially mitigate the potential impacts resulting from the Temecula Regional Hospital. The City Council finds that to the extent any mitigation measures recommended in the Final EIR could not be incorporated, such mitigation measures are infeasible because they would impose restrictions on the Temecula Regional Hospital that would prohibit the realization of specific economic, social, and other benefits, including the provision of employment opportunities for highly trained workers. The City Council further finds that such changes or alterations are within the responsibility and jurisdiction of another public agency and not the City of Temecula. Such changes have been adopted by such other agency or can and should be adopted by such other agency. The City Council declares that, having reduced the adverse significant environmental effects of the Temecula Regional Hospital to the extent feasible by recommending adopting of the proposed mitigation measures, having considered the entire administrative record on the Temecula Regional Hospital, and having weighed the benefits of the Temecula Regional Hospital against its unavoidable adverse impacts after mitigation, the City Council has determined that the following social, economic, and environmental benefits of the Temecula Regional Hospital outweigh the potential unavoidable adverse impacts and render those potential adverse environmental impacts acceptable based upon the following overriding considerations: : . 1. The proposed Temecula Regional Hospital will provide necessary medical services to the local community, including but not limited to emergency, acute, outpatient, and cancer medical care and physical rehabilitation services. 2. The proposed Temecula Regional Hospital will provide the region with new employment opportunities for highly trained medical and medical services workers. 3. The proposed Temecula Regional Hospital will support the diversification of Temecula's economic and employment base, including but not limited to biomedical, research, and office facilities. 4. The Temecula Regional Hospital will be centrally located, with access from a major roadway, to best serve the medical service needs of local residents and the region. , The City Council finds that the foregoing benefits provided to the public through approval of the Temecula Regional Hospital outweigh the identified significant adverse environmental impacts of the Temecula Regional Hospital that cannot be mitigated. The City Council further finds that each of the Temecula Regional Hospital benefits outweighs the unavoidable adverse environmental effects identified in the Final EIR and therefore finds those impacts to be acceptable. Each of the benefits listed above, standing alone, is sufficient justification for the City Council to override these unavoidable environmental impacts. Section 8. Review and Independent Judgment of the Council. The City Council finds that it has reviewed and considered the Final EIR in evaluating the Project, that the Final EIR is an accurate and objective statement that fully complies with the CEQA, State CEQA Guidelines and the City's local CEQA Guidelines and that the Final EIR reflects the independent judgment of the Council. Section 9. Certification of EIR. The City Council hereby certifies the Environmental Impact Report based on the following findings and conclusions: A. Finding The following significant environmental impacts have been identified in the Final EIR and will require mitigation as set forth in Section 6 of this Resolution but cannot be mitigated to a level of less than significant short-term and long-term Project and cumulative air quality impacts, noise impacts associated with the potential number of emergency helicopter flights, and cumulative traffic and circulation impacts. B. Conclusions 1. All significant environmental impacts of the Temecula Regional Hospital's construction and operation have been identified in the Final EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of less than significant, except for those impacts listed in Section 5 of this Resolution. . . . :. I. i. 2. Other reasonable alternatives to the Temecula Regional Hospital that could feasibly achieve the basic objectives of the Temecula Regional Hospital have been considered and rejected in favor of the Temecula Regional Hospital. 3. Environmental, economic, social and other considerations and benefits derived from the development of the Temecula Regional Hospital override and make infeasible any alternatives to the Temecula Regional Hospital or further mitigation measures beyond those incorporated into the Temecula Regional Hospital. Section 10. Adoption of a Mitigation Monitoring and Reporting Program. The City Council hereby adopts the Mitigation Monitoring and Reporting Program in .,....w_::',,:::':_""''''_'''<_~,';)'C'::'''' Sec.tioi1~.'." of the Final EIR and attached to this Resolution as Exhibit A. Exhibit A is _._._~.~_.._..._-_._."---<........... attached hereto and incorporated herein by this reference as though set forth in full. In the event of any inconsistencies between the mitigation measures as set forth herein and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control. Section 11. Location of Records. The documents and materials that. constitute the record of proceedings on which these Findings have been based are located at the City of Temecula, 43200 Business Park Drive, Temecula, California 92590. The custodian for these records is the City of Temecula Planning Director. This information is provided in compliance with Public Resources Code Section 21081.6. Section 12. 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 day of 2006. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 06-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 24th day of January, 2006 by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk . . . . . EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM . ~ \. o 0- ~ o ~.g C) z tl o t: z o ~ z o ...- .~ 4:. C) - t: ~ I. t5 O! 4." z. 4.- ..J\l- ::> (.) uJ ~ .\- uJ 'J: t- lJ:) o ~ ... i ::> o -z. ~ ro o . :E ~ 0: Cl o 0: n. Cl Z j:: 0: o a. w ~ o z ~ Cl z it g 2 o a z o ~ Cl j:: :1E '\ . -' ~ l- ii: Ul o :r -' ~ z U)Q PO ~~ o:~ W...J ID=> ::;;0 ww >::;; Ow Z 1-. ~Q)--.......cn:J- " tII OJ ~ = 'J.s:::._cC ,.. O::.....c.-aJ(/);> D-roECDLL-02m --- .c Q) Q) ..c Q)-C.cN(l)...... 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ATTACHMENT NO.2 PC RESOLUTION 06-_ GENERAL PLAN AMENDMENT , R:\C U P\2004\04-0463 Temecula Regional Hospital\PC 01-QS-06\PC MEMO 01-OS-06.doc 7 !e PC RESOLUTION NO. 06-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE ELEMENT TO REMOVE EIGHT (8) SUBJECT PARCELS FROM THE Z "FUTURE SPECIFIC PLAN" OVERLAY DESIGNATION AND CORRESPONDING TWO STORY HEIGHT RESTRICTION FOR A SITE ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD," AND KNOWN AS ASSESSOR'S PARCEL NOS. 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0462) Ie WHEREAS, Universal Health Services of Rancho Springs, Inc. (UHS), filed Planning Application Nos. PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463 Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 70 feet west of Margarita Road, known as Assessors Parcel No(s). 959- 080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"); and WHEREAS, the Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act; and, WHEREAS, the Planning Commission considered the Project on April 6, 2005, 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; and WHEREAS, the Planning Commission, based on testimony presented by the general public, determined that an Environmental Impact Report would be required for this Project; and WHEREAS, on April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Environmental Impact Report for the Project; and ,Ie WHEREAS, a Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\PC Reso GP.DOC Act Guidelines and circulated for public review from September 28, 2005 through _ October 8, 2005; and ., WHEREAS, the Planning Commission considered the Project on November 16, 2005, and again on January 5, 2006 at duly noticed public hearings 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; and WHEREAS, The Planning Commission adopted Resolution No. 05-_ recommending that the City Council certify the Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project; and WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recitals. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findings. The Planning Commission in recommending approval of the Application makes the following findings: A. The amendment is consistent with the direction, goals and policies of the e adopted General Plan. The goals and policies in the Land Use Element of the General Plan encourage "a complete and integrated mix of residential, commercial, industrial, public and open space land uses (Goal 1)," "a City of diversified development character where rural and historical areas are protected and co-exist with newer urban development (Goal 2)," and "A City which is compatible and coordinated regional land use patterns (Goal 8)." The Project provides a regional use that is needed in the community and surrounding region. There is currently a lack of medical treatment facilities in the community capable of providing adequate medical care for the general population. The Project integrates public medical facilities necessary for the demand of the current and future population. The Project is situated adjacent to residential uses and a State highway. The Project has been designed to mitigate various potentially significant impacts via an environmental assessment in which circulation, noise, light and glare, biological and air quality has been reviewed the conditioned so the project can co-exist with the surrounding rural residential area. The Project is consistent with the purpose and intent of the Professional Office (PO) designation, which allows low and mid rise structures that provide uses such as community facilities. In addition, the Project is consistent with the development standards of the Development Code and associated Planned Development Overlay (PDO-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The site is therefore properly planned and zoned and found to be physically suitable for the type of the proposed use. The Project as conditioned is also consistent with other applicable requirements of State law _ and local ordinance, including the California Environmental Quality Act (CEQA). ., R:\City Council Agenda Manager\2005\112205\Regionai HospitallHospital Staff Report and Resos\PC Reso GP.DOC :. :. . B. The amendment will not have a significant impact on the character of the surrounding area. The amendment 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 Project allowed by the amendment is compatible with the nature, condition and development of adjacent uses, buildings, and structures and as designed and conditioned the proposed conditional use will not adversely affect the adjacent uses, buildings or structures because there was an initial study prepared, which identified potentially significant environmental impacts and a mitigation monitoring program was adopted that mitigates potentially significant impacts such as traffic, air quality, noise, light and glare, and biological to a less than significant level. For example, access points have been designed to reduce the amount of traffic leaving the project site towards residential areas by eliminating left turn options and focusing the primary access points along the State highway. Additional landscaping and berming are included in the conditions of approval to screen the height and reduce noise. The tallest buildings were relocated closer to the State highway, away from the residential area to reduce the appearance of the height; this will also reduce the noise from the emergency room area. Sound blankets are required during initial grading and construction activities to mitigate construction noise. There are conditions in place requiring helicopters arriving and leaving the project site to utilize commercial and the State highway corridor rather than residential areas. Emergency vehicles are required to turn off sirens no less than 'I<i mile from the project site. The project is a conditionally perrnitted use as has been designed and conditioned (including mitigation measures) in manner that will reduce any potentially significant impacts to the surrounding neighborhood. The building and the site are designed to respect the surrounding area and uses and therefore will not adversely affect the adjacent uses, buildings or structures. C. The nature of the Project allowed by the amendment is not detrimental to the health, safety and general welfare of the community. The Project is a 320-bed hospital and a helipad. The nature of this use, as conditioned, is not detrimental to the health, safety and general welfare of the community because the Project is providing a service that is needed in the community and region and it has been designed to minimize any adverse impacts, including health, safety and general welfare to the surrounding community. The Project will actually contribute to the long term viability and longevity of the community by providing additional medical care facilities. In addition, prior to the issuance of any building permit, the California Office of Statewide Health and Planning Development (OSHPOD) as well as the City of Temecula Building Department and Fire Department will review the construction plans for compliance with the Uniform Building Code and Uniform Fire Code. D. The heliport is consistent with the requirements described in subsection 2 and 3 of Section 17.10.020.P City of Temecula Development Code. The proposed helipad facility is consistent with the requirements described in Section 17.10.020.P of the City of Temecula Development Code, including setbacks from parks, school and residentially zoned parcels. R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and ResoslPC Reso GP.DOC Section 3. Recommendation. The Planning Commission for the City of _ Temecula hereby recommends that the City Council approve an amendment to the ., Land Use Element of the General Plan to remove the eight (8) subject parcels of the Project from the Z2 Overlay designation and corresponding height restriction for the site located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, and known as Assessor's Parcel Nos. 959-080-001 through 959-080- 004 and 959-080-007 through 959-080-010, as shown on attached Exhibit "A". Section 5. PASSED, APPROVED AND ADOPTED this 5th day of January 2006. David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] . STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 06-_ 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 January, 2006 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary . R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and ResosIPC Reso GP.DOC . . . EXHIBIT A CITY COUNCIL RESOLUTION 06-_ (GENERAL PLAN AMENDMENT) R:\City Council Agenda Manager\2005\112205\RegionaJ Hospital\Hospital Staff Report and Resos\CC Reso GP.doc :. I. i. RESOLUTION NO. 06-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE ELEMENT TO REMOVE EIGHT (8) SUBJECT PARCELS FROM THE Z "FUTURE SPECIFIC PLAN" OVERLAY DESIGNATION AND CORRESPONDING TWO STORY HEIGHT RESTRICTION FOR A SITE ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, AND KNOWN AS ASSESSOR'S PARCEL NOS. 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0462) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findinas. The City Council of the City of Temecula does hereby find, determine and declare that: A. Universal Health Services of Rancho Springs, Inc.(UHS), filed Planning Application Nos. PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463 Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 70 feet west of Margarita Road, known as Assessors Parcel No(s). 959-080-001 through 959- 080-004 and 959-080-007 through 959-080-010 ("Project"). B. The Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. The Planning Commission considered the Project on April 6, 2005, 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. The Planning Commission, based on testimony presented by the general public, determined that an Environmental Impact Report would be required for this Project. E. On April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. R:\City Council Agenda Manager\2005\112205\Regional Hospit~l\Hospjtal Staff Report and Resos\CC Reso GP.doc F. A Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines and circulated for public review from September 28, 2005 through October 8, 2005. e G. The Planning Commission considered the Project on November 16, 2005, and again on January 5, 2006 at duly noticed public hearings 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; and H. Following consideration of the entire record of information received at the public hearings, the Planning Commission adopted Resolution No. 06-_ recommending that the City Council certify the Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project. I. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 06-_ , recommending approval of a General Plan Amendment. J. The City Council has held a duly noticed public hearing on January 24, 2006, to consider the proposed General Plan Amendment. K. Following consideration of the entire record of information received at the . public hearings before the Planning Commission and the City Council, and due consideration of the proposed Project, the City Council adopted Resolution No. 06- entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR PLANNING APPLICATION NOS. PA04-0462 (GENERAL PLAN AMENDMENT) PA05-0302 (ZONE CHANGE), PA04-0463 (CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN) AND PA04-0571 (TENTATIVE PARCEL MAP) AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE PROPERTY CONSISTING OF APPROXIMATELY 35.31 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 70 FEET WEST OF MARGARITA ROAD, KNOWN AS ASSESSORS PARCEL NO(S). 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0462, PA05-0302, PA04-0463, PA04-0571)." The Final Environmental Impact Report (FEIR) and mitigation monitoring reporting program accurately addresses the impacts associated with the adoption of this Resolution. L. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Findinas. The City Council of the City of Temecula hereby makes the following findings: . R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Reso GP.doc i :. I. . A. The amendment is consistent with the direction, goals and policies of the adopted General Plan. The goals and policies in the Land Use Element of the General Plan encourage "a complete and integrated mix of residential, commercial, industrial, public and open space land uses (Goal 1)," "a City of diversified development character where rural and historical areas are protected and co-exist with newer urban development (Goal 2)," and "A City which is compatible and coordinated regional land use patterns (Goal 8)." The Project provides a regional use that is needed in the community and surrounding region. There is currently a lack of medical treatment facilities in the community capable of providing adequate medical care for the general population. The Project integrates public medical facilities necessary for the demand of the current and future population. The Project is situated adjacent to residential uses and a state highway. The Project has been designed to mitigate various potentially significant: impacts via an environmental assessment in which circulation, noise, light and glare, biological and air quality has been reviewed the conditioned so the Project can co-exist with the surrounding rural residential area. The Project is consistent with the purpose and intent of the Professional Office (PO) designation, which allows low and mid rise structures that provide uses such as community facilities. In addition, the Project is consistent with the development standards of the Development Code and associated Planned Development Overlay (PDO-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The site is therefore properly planned and zoned and found to be physically suitable for the type of the proposed use. The Project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). B. The amendment will not have a significant impact on the character of the surrounding area. The amendment 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 Project allowed by the amendment is compatible with the nature, condition and development of adjacent uses, buildings, and structures and as designed and conditioned the proposed conditional use will not adversely affect the adjacent uses, buildings or structures because there was an initial study prepared, which identified potentially significant environmental impacts and a mitigation monitoring program was adopted that mitigates potentially significant impacts such as traffic, air quality, noise, light and glare, and biological to a less than significant level. For example, access points have been designed to reduce the amount of traffic leaving the Project site towards residential areas by eliminating left turn options and focusing the primary access points along the state highway. Additional landscaping and berming are included in the conditions of approval to screen the height and reduce noise. The tallest buildings were relocated closer to the state highway, away from the residential area to reduce the appearance of the height; this will also reduce the noise from the emergency room area. Sound blankets are required during initial grading and construction activities to mitigate construction noise. There are conditions in place requiring helicopters arriving and leaving the Project site to utilize commercial and the state highway corridor rather than residential areas. Emergency vehicles are required to turn off sirens no less than v.. mile from the Project site. The Project is a conditionally permitted use as has been designed and conditioned (including mitigation measures) in manner that will reduce R:\City Council Agenda Manager\2005\ 112205\Regional Hospital\Hospital Staff Report and Resos\CC Raso GP .doc any potentially significant impacts to the surrounding neighborhood. The building and the site are designed to respect the surrounding area and uses and therefore will not adversely affect the adjacent uses, buildings or structures. e C. The nature of the Project allowed by the amendment is not detrimental to the health, safety and general welfare of the community. The Project is a 320-bed hospital and a helipad. The nature of this use, as conditioned, is not detrimental to the health, safety and general welfare of the community because the Project is providing a service that is needed in the community and region and it has been designed to minimize any adverse impacts, including health, safety and general welfare to the surrounding community. The Project will actually contribute to the long term viability and longevity of the community by providing additional medical care facilities. In addition, prior to the issuance of any building permit, the California Office of Statewide Health and Planning Development (OSHPOD) as well as the City of Temecula Building Department and Fire Department will review the construction plans for compliance with the Uniform Building Code and Uniform Fire Code. D. The heliport is consistent with the requirements described in subsection 2 and 3 of Section 17.10.020.P City of Temecula Development Code. The proposed he'ipad facility is consistent with the requirements described in Section 17.10.020.P of the City of Temecula Development Code, including setbacks from parks, school and residentially zoned parcels. Section 3. Amendments to the General Plan Text. The City Council hereby . amends the Land Use Element of the General Plan to remove eight subject parcels from the Z "Future Specific Plan" overlay designation and corresponding two-story height restriction for a site located on the north side Highway 79 South, approximately 700 feet west of Margarita Road, generally known as Assessor Parcel Numbers 959- 080-001 through 959-080-004 and 959-080-007 through 959-080-010 (Amending Figure LU-4 of the Land Use Element of the General Plan as shown on Exhibit A, Existing General Plan; Exhibit B Proposed General Plan attached hereto and incorporated herein as though set forth in full.) Section 4. Severabilitv.. The City Council hereby declares that the provisions of this Resolution are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Resolution to be invalid, such decision shall not affect the validity of the remaining parts of this Resolution. Section 5. The City Clerk shall certify the adoption of this Resolution. . R:\City Council Agenda Manager\2005\112205\Regional Hospita~Hospitai Staff Report and Resos\CC Reso GP.doc ie ,e ! , I ie PASSED, APPROVED AND ADOPTED this 24th day of January, 2006. Jeff Comerchero, Mayor ATTEST: Susan Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 06-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the 24th day of January, 2006 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: ABSTAIN: COUNCILMEMBERS Susan Jones, MMC City Clerk R:\City Council Agenda Manager\2005\112205\Regionai Hospital\Hospital Staff Report and Resos\CC Reso GP.doc . . . EXHIBIT A CITY COUNCIL RESOLUTION 06-_ (EXISTING GENERAL PLAN) A:\City Council Agenda Manau<;;,"",,;"'vo\11220S\Regional Hospilal\Hospital Staff Report and Resos\CC Rese GP.doc Ie , I I. . :4 L A N o u S E /' ,"/ " /' Figure LU-4 / Specific Plan Areas CITY OF TEMECULA GENERAL PLAN Approved Specific Plans sp- 1 Roripaugh Hills SP- 2 Rancho Hi!tllands SP. 3 Margarita Village SP. 4 PalomalPaseo Del Sol SP- 5 Old Town SP. 6 Campos Verdes SP. 7 Temecula Regional Center SP. 8 WestsldeNillages at Old To.m SP. 9 Redhawk SP~10 Vail Ranch SP-11 Roripaugh Ranch SP-12 VIotlIfCreek SP-13 Harveston POO-4 Temecula Creek Village PDQ-5 Rancho Pueblo # 106 Dutch Village 11184 Rancho Bella VIsIa # 213 V\IInchester PropertieS/Silverhawk # 265 BoreJ Airpark . 264 Quinla Do Lago #286 VIM1chester1800 # 238 Crown Valley Village #313 MorganHiD Future Specific Plans Y Specific Plan Area Y Z SpecifIC Plan Area Z y ~ ~ ~ ~ ",,5" oS.." "cJO.l-EC ~\\ ~ "'- III ~ ,. Yh ~ ~ "" I W*EO S " o -a '" " l;, ~ l , _...rTp.INES. V\A.~'" Temecula City Boundary Sphere of Influence Bouridafy Plaming Area Souree:TemaculaGlSandCotlOOo9rldgeslAssociales 250 500 'Feet ~ C T Y o F TEMECULA 1.1I.28 r LAN 3nd Use xhibit A - Existing 0" ~ ~ oU'''O f'~" oE ., <: ~ 'C g o o ""E"'II'I ~ 0 I " >:.. .'{." '" ,"' ."""f'ool\, ~ \ \ i ~ ~ ~ ~ ~ %. \ \ " , '\ RO.-- ., 1'EMECULA 'V\I>..RlO lOMAUNOA.RD G ENE R A L . . . EXHIBIT B CITY COUNCIL RESOLUTION 06-_ (PROPOSED GENERAL PLAN) R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Resa GP.doc Ie I , , I I I I I I I !. I. At L A N D u S E /,'/ '- /' Figure LU-4 / Specific Plan Areas errv OF TEMECULA GENERAL PLAN Approved Specific Plans sp. 1 Roripaugh 1,,11115 sp. 2 Roocho Hig,lands SP- 3 Margarita Village sp- 4 PalomaIPaseo Del Sol SP.5 OldTown SP- 6 Campos Verdes SP- 7 Temecula Regional Center SP. 8 WestsldeMllages at Old TCNln SP- 9 Redhawk. SP-10 Vail Ranch SP-11 Roripaugh Ranch SP-12 W:lIfCreek SP.13 Harvestcn PD0-4 Temectlla Creek Vmage P00-5 Rancho Pueblo ",06 OulchVlUage ",84 Rancho Bella Vista 11213 Wnchesler PropertleslSilvemawk " 265 Borel Airpark. . 284 Quinta Do lago "286 V'Mchester 1800 #238 CrcM'n Valley Village "313 Morgan Hill Future Specific Plans Y SpecifIC Plan Area Y Z SpecifIC Plan Area Z .,. " 'i1 ~ ~ ,.,f'!i-S c;P>l-E\.oS' '" o -a '" '" 1; ~- \ '0 ~ '" <. , \l, ~. _...n'''INES ,,\Pi~" Temecula City Boundary Sphere of Influence BOlXldary PlaMing Area Source: T emecula GIS and CotloniBJklgeslAssociales W*EO S 250 500 I Feet r--< ~ C T Y o F lLand Use $xhibit B - Proposed "ok '1"t , \ <. ;; 'C '" \ \ o ;> 'Z \ " \ ~ <l. " t\ \ LOMA LINDA RD TEMECULA I.U.28 r LAN C; ENE R A L . . . ATTACHMENT NO.3 PC RESOLUTION 06-_ ZONE CHANGE R\C U P\2004\04-Q463 Temecula Regional Hospital\PC 01-05.06\PC MEMO 01-05-06.doc B :. j !. i. PC RESOLUTION NO. 06-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA FROM PROFESSIONAL OFFICE (PO) AND PLANNED DEVELOPMENT OVERLAY (PDO-8) TO PLANNED DEVELOPMENT OVERLAY-9 (PDO-9) AND ADDING SECTIONS 17.22.200 THROUGH 17.22.206 TO THE TEMECULA MUNICIPAL CODE FOR A SITE GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD'" AND KNOWN AS ASSESSORS PARCEL NOS. 959-080-001 THROUGH 959- 080-004 AND 959-08-007 THROUGH 959-080-010 (PA05- 0302) WHEREAS, Universal Health Services of Rancho Springs, Inc. (UHS), filed Planning Application Nos. PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463 Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 70 feet west of Margarita Road, known as Assessors Parcel No(s). 959- 080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"); and WHEREAS, the Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act; and, WHEREAS, the Planning Commission considered the Project on April 6, 2005, 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; and WHEREAS, the Planning Commission, based on testimony presented by the general public, determined that an Environmental Impact Report would be required for this Project; and WHEREAS, on April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Environmental Impact Report for the Project; and R:\City Council Agenda Manager\2005\112205\Regional HospitallHospital Staff Report and ResoslPC Reso Zone Ord.DOC WHEREAS, a Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality . Act Guidelines and circulated for public review from September 28, 2005 through October 8, 2005; and WHEREAS, the Planning Commission considered the Project on November 16, 2005, and again on January 5, 2006 at duly noticed public hearings 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; and WHEREAS, The Planning Commission adopted Resolution No. 05-_ recommending that the City Council certify the Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project; and WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findinas. The Planning Commission, in recommending approval of Planning Application No. PA04-0462 hereby makes the following findings: A. The proposed Zone is consistent with the land use designation of the General Plan of the City of Temecula in which the use is located, as shown on the Land Use Map. The proposed zone change is consistent with the related General Plan Amendment, the site is physically suitable for the type of uses that will occur in this area, and the proposed zone change would further the City's long-term economic development goals. . B. The proposed change of zone conforms to the General Plan and the use is in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed change of zone allows for a use that will provide the diversity of uses desired in the General plan and will create a balanced community with additional public services available to the community. Section 2. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council adopt Ordinance 05-_ changing the zoning designation from Professional Office (PO) and Planned Development Overlay (PDO-8) to Planned Development Overlay (PDO-9), adopt sections 17.22.200 through 17.22.206 including the PDO text and development standards in the form attached to this resolution as Exhibit A, and change the official Zoning Map to show the boundaries of the proposed PDO-9 in the form attached to this resolution as Exhibit B. . R:\City Council Agenda Manager\2005\112205\Regional HospitaJ\Hospital Staff Report and Resos\PC Rasa Zone Ord.DOC :. , i. i ie Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of January, 2006. David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby that the PC Resolution No. 06-_ 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 January, 2006, by the following vote of the Commission: AYES: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\City Council Agenda Manager\2005\ 112205\Regional Hospital\Hospital Staff Report and Resos\PC Rese Zone Ord.DOC . . . EXHIBIT A PROPOSED CITY COUNCIL ORDINANCE NO. 06_ (ZONE CHANGE) R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Zone Ord.doc . !. . !. - ORDINANCE NO. 06-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA FROM PROFESSIONAL OFFICE (PO) AND PLANNED DEVELOPMENT OVERLAY (PDO-8) TO PLANNED DEVELOPMENT OVERLAY-9 (PDO-9) AND ADDING SECTIONS 17.22.200 THROUGH 17.22.206, TO THE TEMECULA MUNICIPAL CODE FOR A SITE GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD AND KNOWN AS ASSESSORS PARCEL NOS. 959-080-001 THROUGH 959-080- 004 AND 959-08-007 THROUGH 959-080-010 (PA05-0302) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findinos. The City Council of the City of Temecula does hereby find, determine and declare that: A. Universal Health Services of Rancho Springs, Inc. (UHS), filed Planning Application Nos. PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463 Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 70 feet west of Margarita Road, known as Assessors Parcel No(s). 959-080-001 through 959- 080-004 and 959-080-007 through 959-080-010 ("Project"). B. The Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. The Planning Commission considered the Project on April 6, 2005, 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. The Planning Commission, based on testimony presented by the general public, determined that an Environmental Impact Report would be required for this Project. E. On April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. R:\Cily Council Agenda Manager\2005\112205\Regional Hospitai\Hospital Staff Report and Resos\CC Zone Ord.doc F. A Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act . Guidelines and circulated for public review from September 28, 2005 through October 8, 2005. G. The Planning Commission considered the Project on November 16, 2005, and again on January 5, 2005 at duly noticed public hearings 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; and H. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 06-_ recommending that the City Council certify the Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project. I. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2005-, recommending that the City Council approve a Zone Change to amend the land use designation from Professional Office and Planned Development Overlay (PDO-8) to Planned Development Overlay (PDO-9) and adopt Sections 17.22.200 through 17.22.206, including the PDO text and development standards for property generally located north of Highway 79 South, approximately 700 feet west of Margarita road, known as Assessors Parcel No(s). 959- . 080-001 through 959-080-004 and 959-080-007 through 959-080-010. J. The City Council has held a duly noticed public hearing on January 24, 2006 and , 2006 to consider the proposed General Plan Amendment. . K. Following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council, and due consideration of the proposed Project, the City Council adopted Resolution No. 06- , entitled UA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR PLANNING APPLICATION NOS. PA04-0462 (GENERAL PLAN AMENDMENT) PA05-0302 (ZONE CHANGE), PA04-0463 (CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN) AND PA04-0571 (TENTATIVE PARCEL MAP) AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE PROPERTY CONSISTING OF APPROXIMATELY 35.31 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 70 FEET WEST OF MARGARITA ROAD, KNOWN AS ASSESSORS PARCEL NO(S). 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0462, PA05-0302, PA04-0463, PA04-0571)." The Final Environmental Impact Report (FEIR) and mitigation monitoring . R:\City Council Agenda Manager\2005\112205\Regional HospitallHospital Staff Report and Resos\CC Zone Ord.doc i. I. e reporting program accurately addresses the impacts associated with the adoption of this Resolution. L. The proposed zone change is consistent with the proposed land use designation for the General Plan and the related General Plan text amendment. The PDO text, as proposed is also consistent with the General Plan and related General Plan Amendment M. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Zone Chanpe. The City Council of the City of Temecula hereby amends the Official Zoning Map of the City of Temecula by changing the zoning designation from Professional Office (PO) and Planned Development Overlay (PDO-8) to Planned Development Overlay (PDO-9) for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 70 feet west of Margarita Road, and specifically known as Assessors Parcel No(s). 959- 080-001 through 959-080-004 and 959-080-007 through 959-080-010 (Amending the official Zoning Map as shown on Exhibit A, Existing Zoning; Exhibit B Proposed Zoning attached hereto and incorporated herein as though set forth in full.). Section 3. Zone Text Amendment. The City Council of the City of Temecula hereby adds Sections 17.22.200 through 17.22.206 to read as follows: "TEMECULA HOSPITAL PLANNED DEVELOPMENT OVERLAY DISTRICT 17.22.200 TITLE. Sections 17.22.200 through 17.22.206 shall be known as "PDO-9" (Temecula Hospital Planned Overlay District). 17.22.202 PURPOSE AND INTENT. The Temecula Hospital planned development overlay district is intended to provide for design flexibility with regards to the building height of hospital projects. Other aspects of this PDO will be consistent with the land use designations that are described in the land use element of the Temecula general plan. 17.22.204 RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN GUIDELINES. Except as modified by the provisions of Section 17.22.206, the following rules and regulations shall apply to all planning applications in this area: 1. The development standards in the Development Code that would apply to any development in a Professional Office zoning district that are in effect at the time an application is deemed complete. R:\City Council Agenda Manager\2005\112205\Regional HospitaJ\Hospital Staff Report and Resos\CC Zone Ord.doc 2. The Citywide Design Guidelines that are in effect at the time an application is deemed complete. e 3. The approval requirements contained in the Development Code that are in effect at the time the application is deemed complete. . 4. Any other relevant rule, regulation or standard that is in effect at the time the application is deemed complete. 17.22.206 DEVELOPMENT STANDARDS. The development standards set forth in Chapter 17.08 apply to this PDO with the exception of the following modification to allowable building heights. The maximum allowable building heights, as defined in Chapter 17.34 for hospital buildings in the Temecula Hospital PDO District shall be limited as follows: No more than 30% of the total roof area of the hospital building may exceed the 75-foot building height limit. The maximum building height for those portions of the hospital building within the 30% area may not exceed 115 feet. For the purposes of this PDO, roof area is defined as that portion of the roof above occupied conditioned spaces bound by the inside face of the parapet wall that defines the roof area." Section 4. Severabilitv. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby . declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2006. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] . R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Zone Ord.doc . i. '. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 06-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 24th day of January, 2006 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 24th day of January, 2006 by the following vote: AYES: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Zone Ord.doc . . . EXHIBIT A PROPOSED CITY COUNCIL ORDINANCE NO.06-_ EXISTING ZONING R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Zone Ord.doc - .~ tolrinl! _tfPid'ReSillert\a~} CJWifY1.0'itt:efl$ittReS~~{'A) _~oef\Sl.tlR~de~\{1.-') ......""""~._....(l.-Z) c:J lJ:1If Mediufl\ t)en9toJ RtIgde(1li<l:1 ttM) _~~~9t1p.esldeC'llat~\lA) ."~-"'.w-'''' . """'..."'...,(I<l'l .",\/,,,,,,,",,,,,,,,,,,,,_"'0) _""""'''''..~'CC) _~_""""""",ml __CO<""""""SC) - ..--'''''''''''' .............(1l"l Q3 """""",,,,,,, ,Ul ~~~tibJlJOnal(?i'j ._5"".(05) _~f'~&.~J'ltI'R) . """""'....","""') --"""""",,.......-., ---,......,."'....."'" _~c:p\aJlkiPrrNed _.....''''.(11) , \. , Ie ,...."".....nnP. . . . EXHIBIT B PROPOSED CITY COUNCIL ORDINANCE NO. 06-_ PROPOSED ZONING R:\City Council Agenda Manager\2005\ 112205\Regional Hospital\Hospital Staff Report and Resos\CC Zone Ord.doc ie :e i. Zone Change Exhibit B - Proposed /// .... " r / / Zoning _HlsideResidentiaf{HR) D Very low Deosdy Residential (Vl) 11II Lcw Density Re$idential (L-1) _law Density Residenlial(l-2) o lowMedilm OeIlsily Residential (LM) _ MediumOensily Residential(M) _HghDensilyResldelltial(H) . RurtllResidenlial(RR) _ NeighbomoodCorrwnercial(NC} _ Corlmlrlity commert:ial (Ce) _ HghwayITourist Commerdal (HT) _ ServieeCQmmen::iaI(SC) _Professiof1alomce{po) ~ Business ParlI (BP) E:;]Ughtlndusfrial(LI) IE[JPubliclnslilutional(Pl) _ Open Space (OS) _ PWllicPafk& Recreation (PR) _ Comervation (OS-C) r:~PlannedDevelopmentOver1ay _Specil'icptan{sp)Proposed ~SpecifieptanApproved _TrilalTlUsl{TT) . . . ATTACHMENT NO.4 PC RESOLUTION 06-_ CONDITIONAL USE PERMIT/DEVELOPMENT PLAN R:\C U P\2004\04-0463 Temecula Regional Hospital\PC 01-05-06\PC MEMO 01-Q5-06.doc 9 '. !. 1. PC RESOLUTION NO. 06-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH A 320-BED HOSPITAL FACILITY AND HELlPAD; AND A DEVELOPMENT PLAN TO CONSTRUCT A 408,160 SQUARE FOOT HOSPITAL, A HELlPAD, TWO MEDICAL OFFICE BUILDINGS TOTALING 140,000 SQUARE FEET, A 10,000 SQUARE FOOT CANCER CENTER AND AN 8,000 SQUARE FOOT FITNESS REHABILITATION CENTER ALL TOTALING 566,160 SQUARE FEET ON 35.31 ACRES," LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, KNOWN AS APN: 959-080-001 THROUGH 959- 080-004 AND 959-080-007 THROUGH 959-080-010 (PA04- 0463) WHEREAS, Universal Health Services of Rancho Springs, Inc. (UHS), filed Planning Application Nos. PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463 Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 70 feet west of Margarita Road, known as Assessors Parcel No(s). 959- 080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"); and, WHEREAS, the Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act; and, WHEREAS, the Planning Commission considered the Project on April 6, 2005, 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; and . WHEREAS, the Planning Commission, based on testimony presented by the general public, determined that an Environmental Impact Report would be required for this Project; and WHEREAS, on April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Environmental Impact Report for the Project; and R:\City Council Agenda Manager\2005\ 112205\Regionaf Hospital\Hospltal Staff Report and Resos\PC Reso OP CUP .DOC WHEREAS, a Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality . Act Guidelines and circulated for public review from September 28, 2005 through October 8, 2005; and WHEREAS, the Planning Commission considered the Project on November 16, 2005, and again on January 5, 2006 at duly noticed public hearings 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; and WHEREAS, The Planning Commission adopted Resolution No. 05-_ recommending that the City Council certify the Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project; and WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recitals. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinas. The Planning Commission, in recommending approval of . a Conditional Use Permit, Planning Application No. PA04-0463 hereby makes the following findings as required by Section 17.04.010 of the City of Temecula Municipal Code: A. The proposed conditional use is consistent with the General Plan and the Development Code; the proposal, a request for a 320-bed hospital facility and a helipad, is consistent with the goals and policies contained in the General Plan and land use standards in the Development Code. The goals and policies in the Land Use Element of the General Plan encourage "a complete and integrated mix of residential, commercial, industrial, public and open space land uses; (Goal 1)" "A City of diversified development character where rural and historical areas are protected and co-exist with newer urban development; (Goal 2)" and "A City which is compatible and coordinated regional land use patterns; (Goal 8)." The proposed Project provides a regional use that is needed in the community and surrounding region. There is currently a lack of medical treatment facilities in the community capable of providing adequate medical care for the general population. The proposed Project integrates public medical facilities necessary for the demand of the current and future population. The Project is situated adjacent to residential uses and a state highway. The Project has been designed to mitigate various potentially significant impacts via an environmental assessment in which circulation, noise, light and glare, biological and air quality has been reviewed the conditioned so the Project can co-exist with the surrounding rural residential area. The Project, a hospital facility, is consistent with the purpose and . intent of the Professional Office (PO) designation, which allows low and mid rise R:\City Council Agenda Manager\2005\112205\Regional HospitallHospital Staff Report and Resos\PC Reso DP CUP.DOC Ie .. I. structures that provide uses such as community facilities. In addition, the Project is consistent with the development standards of the Development Code and associated Planned Development Overlay (PDO-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The site is therefore properly planned and zoned and found to be physically suitable for the type of the proposed use. The Project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). 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 proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings, and structures and as designed and conditioned the proposed conditional use will not adversely affect the adjacent uses, buildings or structures because there was an initial study prepared, which identified potentially significant environmental impacts and a mitigation monitoring program was adopted that mitigates potentially significant impacts such as traffic, air quality, noise, light and glare, and biological to a less than significant level. For example, access points have been designed to reduce the amount of traffic leaving the Project site towards residential areas by eliminating left turn options and focusing the primary access points along the state highway. Additional landscaping and berming are included in the conditions of approval to screen the height and reduce noise. The tallest buildings were relocated closer to the state highway, away from the residential area to reduce the appearance of the height; this will also reduce the noise from the emergency room area. Sound blankets are required during initial grading and construction activities to mitigate construction noise. There are conditions in place requiring helicopters arriving and leaving the Project site to utilize commercial and the state highway corridor rather than residential areas. Emergency vehicles are required to turn off sirens no less than v.. mile from the Project site. The p.roject is a conditionally permitted use as it has been designed and conditioned (including mitigation measures) in a manner that will reduce any potentially significant impacts to the surrounding neighborhood. The building and the site are designed to respect the surrounding area and uses and therefore will not adversely affect the adjacent uses, buildings or structures. 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 this Development Code and required by the Planning Commission, or City Council in order to integrate the use with other uses in the neighborhood. The conditional use is a request for a 320-bed hospital and helipad on a 35.31 acre site. The Project has been reviewed and it is determined that the Project is in compliance with the development standards of the Development Code and associate Planned Development Overlay (PDO-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The Project also provides amenities such as a multi-use trail between the Project site and the adjacent residences to the north, which will extend a future trail to be constructed in the near future. The site is adequate in size and shape to accommodate the proposed hospital facilities without R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\PC Rese DP CUP.DOC affecting the yard, parking and loading, landscaping, and other development features . prescribed in the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed Conditional Use Permit is for a 320-bed hospital and a helipad. The nature of this use, as conditioned is not detrimental to the health, safety and general welfare of the community because the proposed Project is providing a service that is needed in the community and region and it has been designed to minimize any adverse impacts, including health, safety and general welfare to the surrounding community. The proposed Project will actually contribute to the long term viability and longevity of the community by providing additional medical care facilities. In addition, prior to the issuance of any building permit, the California Office of Statewide Health and Planning Development (OSHPOD) as well as the City of Temecula Building Department and Fire Department will review the construction plans for compliance with the Uniform Building Code and Uniform Fire Code. E. The heliport is consistent with the requirements described in subsection 2 and 3 of Section 17.10.020.P City of Temecula Development Code. The proposed helipad facility is consistent with the requirements described in Section 17.10.020.P of the City of Temecula Development Code, including setbacks from parks, school and residentially zoned parcels. Section 3. Findinas. The Planning Commission, in recommending approval of . Development Plan, Planning Application No. PA04-0463 hereby makes the following findings as required by Section 17.05.01 O.F of the City of Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for the City of Temecula and with all the applicable requirements of state law and other ordinances of the City. The proposed use is in conformance with the goals and policies in the General Plan for the City of Temecula, the Development Code and with all applicable requirements of state law and other ordinances of the City of Temecula because the Project has been reviewed and as designed and conditioned, it has been determined that the Project is consistent with all applicable zoning ordinances, state law and the General Plan. B. The overall development of the land is designed for the protection of the public, health, safety and general welfare. The overall development of the land has been designed for the protection of the public health, safety, and general welfare, because the Project has been designed to minimize any adverse impacts upon the surrounding neighborhood and the Project has been reviewed and conditioned to comply with the uniform building and fire codes. Section 4. Recommendation of Conditional Aooroval. That the City of Temecula Planning Commission, hereby recommends approval of Planning Application No. PA04-0463, a Conditional Use Permit and a Development Plan for the Project, . located on the north side of Highway 79 South, approximately 700 feet west of R:\City Council Agenda Manager\2005\ 112205\Regional Hospital\Hospital Staff Report and Resos\PC Raso DP CUP .DOC i. 'I i '. i. Margarita Road subject to the Conditions of Approval set forth in Exhibit A and Exhibit B, attached hereto and incorporated herein as though set forth in full. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of January, 2006. . David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary {SEAL} STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 06-_ 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 January, 2006 by the following vote of the Commission: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\City Council Agenda Manager\2005\112205\Regional Hospltal\Hospital Staff Report and Resos\PC Rasa DP CUP.DOC . . . EXHIBIT A CITY COUNCIL RESOLUTION NO. 06-_ (CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN) R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Rase DP CUP.doc ie ,e , Ie RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH A 320-BED HOSPITAL FACILITY AND HELlPAD; AND A DEVELOPMENT PLAN TO CONSTRUCT A 408,160 SQUARE FOOT HOSPITAL, A HELlPAD, TWO MEDICAL OFFICE BUILDINGS TOTALING 140,000 SQUARE FEET, A 10,000 SQUARE FOOT CANCER CENTER AND AN 8,000 SQUARE FOOT FITNESS REHABILITATION CENTER ALL TOTALING APPROXIMATELY 566,160 SQUARE FEET ON 35.31 ACRES, LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, KNOWN AS APN: 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (P A04-0463) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findinas. The City Council of the City of Temecula does hereby find, determine and declare that: A. Universal Health Services of Rancho Springs, Inc. (UHS), filed Planning Application Nos. PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463 Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are . hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 70 feet west of Margarita Road, known as Assessors Parcel No(s). 959-080-001 through 959- 080-004 and 959-080-007 through 959-080-010 ("Project"). B. The Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. The Planning Commission considered the Project on April 6, 2005, at a duly noticed public hearing as prescribed by law, at which time the City staff and iriterested persons had an opportunity to, and did testify either in support or opposition to this matter. D. The Planning Commission, based on testimony presented by the general public, determined that an Environmental Impact Report would be required for this Project. R:\City Council Agenda Manager\2005\112205\Regional HospitaiIHospital Staff Report and Resos\CC Reso DP CUP.doc E. On April 20, 2005, a scoping session was held before the Planning . Commission to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. F. A Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines and circulated for public review from September 28, 2005 through October 8, 2005. G. The Planning Commission considered the Project on November 16, 2005, and again on January 5, 2006 at duly noticed public hearings 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. H. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 06-_ recommending that the City Council certify the Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project. I. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 06-_, recommending approval of the Conditional Use Permit and Development Plan for the Project. J. The City Council has held a duly noticed public hearing on January 24, 2006 to consider the proposed General Plan Amendment. . K. Following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council, and due consideration of the proposed Project, the City Council adopted Resolution No. 06- , entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR PLANNING APPLICATION NOS. PA04-0462 (GENERAL PLAN AMENDMENT) PA05-0302 (ZONE CHANGE), PA04-0463 (CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN) AND PA04-0571 (TENTATIVE PARCEL MAP) AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE PROPERTY CONSISTING OF APPROXIMATELY 35.31 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 70 FEET WEST OF MARGARITA ROAD; KNOWN AS ASSESSORS PARCEL NO(S). 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0462, PA05-0302, PA04-0463, PA04-0571)." The Final Environmental Impact Report (FEIR) and mitigation monitoring reporting program accurately addresses the impacts associated with the adoption of this Resolution. . R:\City Council Agenda Manager\2005\112205\Regional Hospita~Hospital Staff Report and Resos\CC Reso DP CUP.doc I. L. All legal preconditions to the adoption of this Resolution have occurred. ,. Section 2. Findinas. The City Council hereby makes the following findings as required by Section 17.04.010 of the City of Temecula Municipal Code: A. The proposed conditional use is consistent with the General Plan and the Development Code; the proposal, a request for a 320-bed hospital facility and a helipad, is consistent with the goals and policies contained in the General Plan and land use standards in the Development Code. The goals and policies in the Land Use Element of the General Plan encourage "a complete and integrated mix of residential, commercial, industrial, public and open space land uses; (Goal 1)" "a City of diversified development character where rural and historical areas are protected and co-exist with newer urban development; (Goal 2)" and "A City which is compatible and coordinated regional land use patterns. (Goal 8)" The proposed project provides a regional use that needed in the community and surrounding region. There is currently a lack of medical treatment facilities in the community capable of providing adequate medical care for the general population. The proposed project integrates public medical facilities necessary for the demand of the current and future population. The project is situated adjacent to residential uses and a state highway. The project has been designed to mitigate various potentially significant impacts via an environmental assessment in which circulation, noise, light and glare, biological and air quality has been reviewed the conditioned so the project can co-exist with the surrounding rural residential area. The project, a hospital facility, is consistent with the purpose and intent of the Professional Office (PO) designation, which allows low and mid rise structures that provide uses such as community facilities. In addition, the project is consistent with the development standards of the Development Code and associated Planned Development Overlay (PDO-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The site is therefore properly planned and zoned and found to be physically suitable for the type of the proposed use. The project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). !. 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 proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings, and structures and as designed and conditioned the proposed conditional use will not adversely affect the adjacent uses, buildings or structures because there was an initial study prepared, which identified potentially significant environmental impacts and a mitigation monitoring program was adopted that mitigates potentially significant impacts such as traffic, air quality, noise, light and glare, and biological to a less than significant level. For example, access points have been designed to reduce the amount of traffic leaving the project site towards residential areas by eliminating left turn options and focusing the primary access points along the state highway. Additional landscaping and berming are included in the conditions of approval to screen the height and reduce noise. The tallest buildings were relocated closer to the state highway, away from the residential area to reduce the appearance of R:\City Council Agenda Manager\2005\112205\Regional HospitallHospital Staff Report and Resos\CC Reso DP CUP.doc the height; this will also reduce the noise from the emergency room area. Sound blankets are required during initial grading and construction activities to mitigate construction noise. There are conditions in place requiring helicopters arriving and leaving the project site to utilize commercial and the state highway corridor rather than residential areas. Emergency vehicles are required to turn off sirens no less than V-I from the project site. The project is a conditionally permitted use as has been designed and conditioned (including mitigation measures) in manner that will reduce any potentially significant impacts to the surrounding neighborhood. The building and the site are designed to respect the surrounding area and uses and therefore will not adversely affect the adjacent uses, buildings or structures. 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 this Development Code and required by the Planning Commission, or City Council in order to integrate the use with other uses in the neighborhood. The conditional use is a request for a 320-bed hospital and helipad on a 35.31 acre site. The project has been reviewed and it is determined that the project is in compliance with the development standards of the Development Code and associate Planned Development Overlay (PDO-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The project also provides amenities such as a multi-use trail between the project site and the adjacent residences to the north, which will extend a future trail to be constructed in the near future. The site is adequate in size and shape to accommodate the proposed hospital facilities without affecting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed Conditional Use Permit is for a 320-bed hospital and a helipad. The nature of this use, as conditioned is not detrimental to the health, safety and general welfare of the community because the proposed project is providing a service that is needed in the community and region and it has been designed to minimize any adverse impacts, including health, safety and general welfare to the surrounding community. The proposed project will actually contribute to the long term viability and longevity of the community by providing additional medical care facilities. In addition, prior to the issuance of any building permit, the California Office of Statewide Health and Planning Development (OSHPOD) as well as the City of Temecula Building Department and Fire Department will review the construction plans for compliance with the Uniform Building Code and Uniform Fire o Code. E. The heliport is consistent with the requirements described in subsection 2 and 3 of Section 17.10.020.P City of Temecula Development Code. The proposed helipad facility is consistent with the requirements described in Section 17.10.020.P of the City of Temecula Development Code, including setbacks from parks, school and residentially zoned parcels. R:\City Council Agenda Manager\2005\ 112205\Regional HospitallHospital Staff Report and Resos\CC Reso DP CUP .doc e . . i. , I Ie Section 3. Findinas. The City Council hereby makes the following findings as required by Section 17.05.01 O.F of the City of Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for the City of Temecula and with all the applicable requirements of state law and other ordinances of the City. The proposed use is in conformance with the goals and policies in the General' Plan for the City of Temecula, the Development Code and with all applicable requirements of state law and other ordinances of the City of Temecula because the project has been reviewed and as designed and conditioned, it has been determined that the project is consistent with all applicable zoning ordinances, state law and the General Plan. B. The overall development of the land is designed for the protection of the public, health, safety and general welfare. The overall development of the land has been designed for the protection of the public health, safety, and general welfare, because the project has been designed to minimize any adverse impacts upon the surrounding neighborhood and the project has been reviewed and conditioned to comply with the uniform building and fire codes. Section 4. Conditional Aooroval. The City Council of the City of Temecula hereby approves the Conditional Use Permit to establish a 320-bed hospital facility and a helipad and Development Plan to construct 408,160 square foot hospital, a helipad, two medical office buildings totaling 140,000 square feet, a 10,000 square foot cancer center and an 8,000 square foot fitness rehabilitation center all totaling approximately 566,160 square feet on 35.31 acres, located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessors Parcel No(s). 959- 080-001 through 959-080-004 and 959-080-007 through 959-080-010 as set forth in Application No. PA04-063, subject to the specific conditions of approval set forth in Exhibit A and Exhibit B, attached hereto, and incorporated herein by this reference as though set forth in full. Section 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 24th day of January, 2006 Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk ~. [SEAL] R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Reso DP CUP.doc STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 06- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the 24th day of January, 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk R:\City CounCil Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Reso DP CUP.doc e . . . . . ATTACHMENT NO.5 PC RESOLUTION 06-_ TENTATIVE PARCEL MAP R:\C U P\2004\04-0463 Temecula Regional Hospital\PC Q1-05-06\PC MEMO Q1-05-06.doc 10 Ie ,. I I I , , I' ! , 1. c PC RESOLUTION NO. 06-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING - TENTATIVE PARCEL MAP NO. 32468, TO CONSOLIDATE EIGHT LOTS TOTALING 35.31 ACRES INTO 1 PARCEL, LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 959-080-001 THROUGH 959- 080-004 AND 959-080-007 THROUGH 959-080-010 (PA04- 0571 ) WHEREAS, Universal Health Services of Rancho Springs, Inc. (UHS), filed Planning Application Nos. PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463 Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 70 feet west of Margarita Road, known as Assessors Parcel No(s). 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"); WHEREAS, the Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act; and, WHEREAS, the Planning Commission considered the Project on April 6, 2005, 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; and WHEREAS, the Planning Commission, based on testimony presented by the general public, determined that an Environmental Impact Report would be required forthis Project; and WHEREAS, on April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Environmental Impact Report for the Project; and WHEREAS, a Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines and circulated for public review from September 28, 2005 through October 8, 2005; and R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\PC Resa TPM.DOC WHEREAS, the Planning Commission considered the Project on November 16, . 2005, and again on January 5,2006 at duly noticed public hearings 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; and WHEREAS, The Planning Commission adopted Resolution No. 05-_ recommending that the City Council certify the Final Environmental'mpact Report for the Project and approve a Mitigation Monitoring Program for the Project; and WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recitals. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinas. That the Planning Commission, in recommending approval of the Application, hereby recommends the following findings as required in Section 16.09.140 of the Temecula Municipal Code. A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, Subdivision Ordinance, General . Plan, and the City of T emecula Municipal Code because the proposed subdivision map is consistent with the development standards within the Development Code, Subdivision Ordinance and related General Plan Amendment; B. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract; C. The site is physically suitable for the uses and proposed density as shown on the tentative map as proposed by the Applicant; D. The design of the proposed subdivision and the proposed improvements, with appropriate conditions of approval, is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There are no known fish, wildlife or habitat on the Project site, and the Project will not affect any fish, wildlife or habitat off-site. In addition, a Mitigated Negative Declaration has been prepared and certified prior to action on the Application; E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; . R:\City Council Agenda Manager\2005\112205\Regional HospitallHospital Staff Report and ResoslPC Reso TPM.DOC . , " ! i. , !. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided; H. The subdivision is a commercial/office Project and is not subject to Quimby fees. Section 3. Recommendation of ADDroval. Based upon the findings set forth above, the Planning Commission of the City ofTemecula hereby recommends that the City Council approve the Project (Tentative Parcel Map No. 32468) to consolidate eight parcels totaling 35.31 acres into one parcel subject to the Project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of January, 2006. David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\PC Raso TPM.DOC STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 06-_ 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 January, 2006 by the following vote of the Commission: AYES: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\City Council Agenda Manager\2005\112205\Regional HospitallHospital Staff Report and Resos\PC Reso TPM.DOC e . . . . . EXHIBIT A CITY COUNCIL RESOLUTION 06-_ (TENTATIVE PARCEL MAP) R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Reso TPM.doc . I. I I. RESOLUTION NO. 06-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING - TENTATIVE PARCEL MAP NO. 32468, TO CONSOLIDATE EIGHT LOTS TOTALING 35.31 ACRES INTO 1 PARCEL, LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 959-080-001 THROUGH 959-080-004 AND .959-080-007 THROUGH 959-080-010 (PA04-0571) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findinas. The City Council of the City of Temecula does hereby find, determine and declare that: A. Universal Health Services of Rancho Springs, Inc.(UHS), filed Planning Application Nos. PA04-0462, General Plan Amendment; PA 05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463 Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 70 feet west of Margarita Road, known as Assessors Parcel No(s). 959-080-001 through 959- 080-004 and 959-080-007 through 959-080-010 ("Project"). B. The Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. The Planning Commission considered the Project on April 6, 2005, 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. The Planning Commission, based on testimony presented by the general public, determined that an Environmental Impact Report would be required for this Project. E. On April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. F. A Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines and circulated for public review from September 28, 2005 through October 8, 2005. R:\City Council Agenda Manager\2005\ 112205\Regional Hospital\Hospital Staff Report and Resos\CC Rese TPM.doc G. The Planning Commission considered the Project on November 16, 2005, . and again on January 5, 2006 at duly noticed public hearings 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; and H. The Planning Commission adopted Resolution No. 06-_ recommending that the City Council certify the Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project. I. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 06-_ , recommending approval of Tentative Parcel Map No. 32468. J. The City Council has held a duly noticed public hearing on January 24, 2006, to consider the proposed General Plan Amendment. . K. Following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council, and due consideration of the proposed Project, the City Council adopted Resolution No. 06- , entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR PLANNING APPLICATION NOS. PA04-0462 (GENERAL PLAN AMENDMENT) PA05-0302 (ZONE CHANGE), PA04-0463 (CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN) AND PA04-0571 (TENTATIVE PARCEL MAP) AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE PROPERTY CONSISTING OF APPROXIMATELY 35.31 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 70 FEET WEST OF MARGARITA ROAD, KNOWN AS ASSESSORS PARCEL NO(S). 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0462, PA05-0302, PA04-0463, PA04-0571)." The Final Environmental Impact Report (FEIR) and mitigation monitoring reporting program accurately addresses the impacts associated with the adoption of this Resolution. L. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Findinas. makes the following findings: The City Council of the City of Temecula hereby A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, Subdivision ordinance, General Plan, and the City of Temecula Municipal Code. B. The Tentative Map does not propose to divide land, which is subject to a contract entered into pursuant to the California Land Conservation Act contract of 1965, or the land is subject to a Land Conservation Act contract. R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Rase TPM.doc . . . ; i I I. :. C. The site is physically suitable for the uses and proposed density as shown on the tentative map as proposed by the Applicant; D. The design of the proposed subdivision and the proposed improvements, with appropriate conditions of approval, is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There are no known fish, wildlife or habitat on the Project site, and the Project will not affect any fish, wildlife or habitat off-site. In addition, a Mitigated Negative Declaration has been prepared and certified prior to action on the Application; E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate e.asements which are substantially equivalent' to those previously acquired by the public will be provided. H. The subdivision is a commercial Project and is not subject to Quimby fees. Section 3. Conditional Aooroval. The City Council of the City of Temecula hereby approves Tentative Parcel Map No. 32468, Application No. PA04-0571, consolidating eight parcels totaling 35.31 acres into 1 parcel, for the property generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as assessors parcel no(s). 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 subject to the specific conditions set forth in Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full. Section 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this --,- day of ,2006. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R;\City Council Agenda Manager\2005\ 112205\Regional Hospital\Hospital Staff Report and Resos\CC Reso TPM.doc STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 06-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the _ day of , 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Reso TPM.doc . . . . . . ATTACHMENT NO.6 RESPONSES TO AGENCY AND GENERAL PUBLIC COMMENTS R:\C U P\2004\04-0463 Temecula Regional Hospital\PC 01-05-06\PC MEMO 01-0S-06.doc 11 Ie . . 9.0 Responses to Comments on the Draft fiR This section of the Final EIR contains comments and responses to written comments received during the public review period on the Draft EIR (DEIR) extending from September 28, 2005 through October 28, 2005. Pursuant to Section 15105(d)(3) and Appendix K of the California Environmental Quality Act (CEQA) Guidelines the City of Temecula requested a shortened review period to the Governor's Office of Planning and Research, State Clearinghouse and Planning Unit. The following pages contain the State Clearinghouse and Planning Unit letter dated September 26, 2005 that accepted the shortened review period of 30 days and City's Shortened Review Request Form with an attached letter to agencies. Revisions and clarifications to the EI R in response to comments and information received on the Draft EIR are indicated by strikeout (~2~ ~:A~ ;'o"i,.a>re9) or underline (text added to the Final EIR). Corrections of typographical errors have been made throughout the document and are not indicated by stril(es\1t or underline text. Revisions and clarifications are included as Errata pages within this document. Each letter has been assigned a number code, and individual comments in each letter have been coded as well to facilitate responses. For example, the letter from the Riverside Transportation Commission is identified as letter 1, with comments noted as 1-1, 1-2, etc. In this document, the City has also provided written responses to comment letters received after the end of the formal, published 3D-day public review period, up through publication of this document prior to the December 7, 2005 Planning 'Commission hearing. These comment letters received after October 28, 2005 are listed below, and responses to these comments follow Letter 7. Comments Received that Address Environmental Issues The City received letters from the following organizations and individuals during the public review period from September 28, 2005 through October 28, 2005: 1. Hideo Sugita, Deputy Executive Director, Riverside County Transportation Commission, October 4, 2005. 2. Greg Holmes, Unit Chief, Southern California Cleanup Operations Branch, Department of Toxic Substances Control, October 14, 2005. 3. Stephanie Gordin, Cultural Analyst, Pechanga Band of Luisei'io Indians, October 24, 2005. 4. Teresa Tung, Senior Civil Engineer, Riverside County Flood Control and Water Conservation District. October 26, 2005. 5. Salvador M. Salazar, AICP. Best Best & Krieger LLP. October 26, 2005. 6. Salvador M. Salazar, AICP. Best Best & Krieger LLP. October 28, 2005, 7. Gloria D, Smith, Adams Broadwell Joseph & Cardozo, October 28, 2005, erTY OF TEMECUlA ENVlRONMENTAllMPACT REPORT' TEMECULA REGIONAL HOSPITAL 9.] Responses to Comments on the Draft fiR . The City received letters from the following organizations and individuals after the close of the noticed public review period: 8. J.B. "Pete" Olhasso, Santiago Ranchos Property Owners Association Board of Directors, October 31, 2005. 9. Victoria Mata, Trumark Companies, November 3, 2005. 10. Board of Directors, los Ranchitos Homeowners Association, November 14, 2005 (received November 16, 2005). 11. David Oberbeck, via facsimile transmittal on November 14, 2005 (received November 16, 2005). 12. Roger Ziemer, President, Murrieta Temecula Group, November 15, 2005. 13. Linda Betts, via em ail on November 16, 2005. 14. Jon Silver, President, Covenant Development, via email on November 15, 2005. 15. Gloria D. Smith, Adams Broadwell Joseph & Cardozo, November 16, 2005 16. O.B. Johnson, Chairman of the Board, Murrieta Chamber of Commerce, November 16, 2005. 17. Helen Chichester, November 16, 2005. 18. Don l. Rhodes, November 21, 2005. . . ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAL CITY OF TEMECULA 9.2 I-e I. I I I I. STATE OF CALIFORNIA :Governor's Office of Planping /1.pd Re!l!l~!,!"ch_. . .. . . . . State Clearinghouse and Planning Unit AmoJd S..:;."I......""Ott-. 0cmrlIar September 26, 2005 Emery J. Papp City ofTemecula ~ 43200 Rosiness P~ Drive Temooula, CA 92590 RE: Teinecu1a Re$ional Hospital (EJR) SCH#2005031017 Dear Emery J. Papp: - ~,,~, Sam WoliII . DIrcclor . . We have reviewed your shortened review request and have determined that:il is consistent with the criteria Sel i\lrth in the wrillen guidelines of the Office of Planning and Research ror shortened reviewS, and Section 21091 of the Public Resources Code. : The shortened rciiew period for an EIR shall not be Jess than 30 days. Thi:: review process for the referenced prdject will start on 09/28/2005 and end on 10128/2005. If yon have any q~~ion5, please conlact Scott Morgan at (916) 445-0613. S~inCereIY, ri.' . . . :;i;i( IL<:.....---' .: r- Jl()J>reny Robeits , . Director . 00: file 'lioo TENTIl ,.......... P.O.ll()JI: IIQ44 6AC1lAMEIlTO, c.u.oollNlA 96811.8044 . TllL (&16) ~-tl6.UI PAX (916) 323-8018 .......OF.....JlIlY . Shortened Review Request Form Form E . \ fTo be filled out and si8lled by tho Lead Agency all<! submined with DBIR 01 Neaad'e Docl""'tion 10 SCH) To: State Clearinghouse P.O"BolC. 3044 Sacramento, CA 95811-3044 From: CI'lY DP ...J.!-.!....'U..A U2dApncy: 4'200 Btuli.ft~8A Park Dri"A ........ rrimeeula. CA 92590 Ph_#: (951) 694-6400 SCH # 2005031017 Contact: EIIBIll' J. PAPP. AlCP SDIOIl PLAIiJIllIl. Projo=Titlcr. DImCllLIt. UGIOBAL BOSP1TAL Project Localion: TI!IIECtlLA City IlIVIlIlSIDE c....1;y .Explaln "exooptlo...1 olreumslanc.." (CEQA, Sccti~n 1520S(d)) lbr JOquosting. shortened review: ~ initial studv (SCR #2005031017) for this "roieet ...... "reviousl.., released for lJUbl:lc re-ri.ev llDd cDllllllent: .dt:h the intlOllt of prepuing a Klt:lgatN ..gat:l." Dwarat:1.on. The e........t period for the pxopoue4 K:l.tipte4 .epd.ve >>eclaraUOD was Hsreh 8, 2005 t:hrough April 6. 2005. Bo St:at:e Agencie$ ~nt:ed .... the udghal Iaitial Study. 'lbe scope of . the project has DOt chaDge4; however. the Cit:y .is nOW rec"-""<l~g that a Focused llIR be prepared. Tbe at:t:ached lettex """ sent: to ase1lC:l.es request::lng their authorUi\t::l.OD for a shorl:ensd rev1.sw. the City received no responses 1:0 th1.s let:t:er. List respo.Qsiblo and trustee: state agencies. as well as any agencies that have commented on the project (Indicate wbctbcr the Respon- sible and Trus... Ageneias hove granlOd approval for thia sbortened review): . Bat1.ve Aaer1caa Beri.t:age CcJmission B/ IS/OS Bo CCllIIaeJlt "ouc:arn1D& shortened raquest B.1varu1da Transit Agency 8/1"05 Pechanp Cnll:ural lla..oureQ 8/29/05. 1110 COllllleDI: coneem1ng shortened reque81: No e.......... CODCUlI1Da sbort:eniul requllBt As desigaarod . .., . ~. ..lati.. for the lead agency, [verify, in their bellait', "'nt thOle ill no "statewide, regional. Or mawide signifil:8Dcc" to this project. .L<:ngth of review beiog lOqU<:3Ied: 30 days '?4./u1os Today'. Date I!H!/lY J. 'API' Prinr Nll/lle ..2:/ ~,f>_ J..p. Signature 0 0 r" Ravised lanulll' 2004 . 21 Ie . i. City of Temecula Plannin2 Department Notice of Completion 8CH # 2005031017 ~ . --=---- .---- --_. ---- II l'rOjeet TUJi,;' TemoeuIa Regional Hospilol . ! PA04-0462. Oeneral Plan A....... :...... IlIld Zone Olange; PA04-0463 Development Plan I 3Dd Condilional U... Permi~ and PA04-0s71 T~~~. _ Pan:el Map , LeadA&CJlCY: City ofTemecula S_ AddJess: 43200 BwineIS Park Drive . ~ Tcmecul!!, CA Zio: 92590 ! Project Lecation . City ofTCIJle<IIla, Rivenldc County Cross Streets: North of Highway 79 South. : sourb of Dc Portola Road IlIld wesr of , Margarita Road i Asse..or's Pan:el No.: , 920-1()()'ooI through 13 Total Ai::rot: 35.3 t CEQA Doeumml Type [ lNOP ( JEarly Coosuhation . Local,lcl\<JD Type r )Gcaetal PI... Update . [X)Gcnetal PI... Amendment I [ ]Ocneral Plan Elcmcnt . [ ]Commuoity Plan ; L JOibcr , DenIo_at Type [ )Rcsidenlial: U""'- Actes_ []Water Faejliti..: Type MOD_ , [X]0flice: Sq.ft.I40.000 At:.tc& 35.31 Ernploy..._ [ ]Transportation Type. []Commcrcial: Sq.ft. _ Acres EmployecJ_ []MilliIIg: MIneral [ ]lnd1l8lriol: Sq.~ Acres_ Employoes_ [ ]power: 'l.'yp<o []Bdu<:alional:. [ ]Waste Treatment: Type " [ )Rllcrcationa1. [ ]Hazardous Waste: Tl'P" H J.XIOther. H~lllI.~8160 So. Ft: Cancer Cen.... 1O.000So}'~: Fitness Center 8.000 So Ft. : Projec:t....... Disoussed ID P. "'.. I , [X]AeslhetielViSllal [ )Flood PlainIFlooding [ ]SchoolslUnivcrsities [ ] Water Quail')' [ ]AgricuIturaI Land [ )PoIest LalldIFite Hazard [ ]Scptic Systems [XJWatcr supply/groundwater : [X]Air Quality [ lGcotogiclSeismic [ ]Sewet Capaeity [ ]WotIandlRiparilUl ! [jArcheologicalllIistorical [ )Minera1s { ]Soil ErosionlConipactionlGtad [ ]WiJdlifc [ ]Coastal Zollll [X]Nolsc [ ]Soli<l Waste r JGrowth Induciag i []DtainsgelAbaorptiOll [ ]populalioolHousins Balances[ lToxicJHazard0U3 [X]Land Uoe I [ ]BcollOmicIJobs [ ]Public Sc:viccsIFaeilitics [X]'trafficlCi",uJation [XJCmoulati1le I!ffecls i l JFiscaJ [ lRccreatiooJParts r lVeRetation I 10tbcr: LiRhI & Glare , Presenl Land Use: Vacant (;wrent Zoning; Professional Office and Planned Development Overlay (PDO-8) I General PIaII Use: Professional Office Project Descrfptlon: The proposed project includes a General Plan Amendment, Zone Change (PDQ-9) Development Plan, Conditional Use Permit and a Tenlillive Parcel Map. The General Plan Amendment is a . request to elimInate the Z2 overlay area from the General Plan, which currently limits the height of bulldlngs along HIghway 79 to 2 storiea. The Zone Change is a request 10 change the zoning from Professional Office and OePortols Road Planned Devalopment Overlay (PD0-8) to Temecula Hospital Planned Development . Overlay (PD0-9). The proposed PD0-9 allows a height up to 115 feet for 30% of roof areas for hospital and i medical offices. The Development Plan and Conditional Use Permit Is a request to construct approxtmately j : 585.260 square feet of hospital, medical office. cancer center and a fitness rehabilitation center space on 35.31 _ .~: Th_~Te~tive Parcel ,~ is a re,Quest to consolidate elQht 18l klts into one 111 oarcel... . . .. Mailtlr. Sta1ln_.~...t400T__.........,..,..CA 95814 (gl6)445-l16I3 Co;.i..:t perSOn; BaieiY TpOpp - Tille: Senior Planner Phooe: (951) 6!14-6400 W"JtbiD 2 mtIes State Hwy I/: Intmslale IS, Highway 79 South AirpoIU:NJA Waterways: Tcmccula CrceIc Railways: NOlle Schools: Sparlonan ElcrnenlMy, Rancllo Community (private school under consuuctlon) I I I [ INeptive Declaration []Supplemcnt EIR fXIDraft EIR [ ISubscQuenr BlR [ ]ElR (Prior SCH #\ I 10lher_ i I " I ]Specific Plan I ]Master Plan [ ]Planncd Unit DevoIopn=t [X)Sitc PlaDIPIot Plan [X]Re:zonc [ ]Prezone [X)Usc Pctmits [X]Subdivision of Land [ IAnoexation [ ]RetlevelOfllllC'nt [ ]Co..1oI Pcntlit [ ICily Development Project R:1e U NOO4\04-046il r_ltegilml1lospilaN'l0TlCB OPCOMPUl'llJN PP.lR 09.u.o.l.doc I .REVIEWING AGENCIES CHECKLIST KEY s..Docwnem sent by lead .seney X=DocuJDenI sem by SCH T=Suggested c1istributioll . ",..'. , .... Resources Agency BoalingIWaterWays Coastal CQlI11Illssion Coastal Conservancy Colorado River BoanI Conaervation ....I Piah and Game Pomtry Office of Historic PleServatiOb Parks and Recreation Rec1amation S.P. Bay Conservation & Development Commission J.. Water RCSOIUteS (DWR) B1ISbless, Transportation, & Housing -I. AetooaullCll ...L California Highway Palrol ...:r.. Caltnn. District No. ....L. -I. Department of Tran..._;";:oo Planning (HeadquartelS) HOlISing & Community Development Other State & Comumer ..,,-,L_ General Services ..:r. OLA (Schools) 11.... ,... ..'... mtIIlAllaln AirR.~.._...5 Boani ...I. APCD/AQMD ...I. Califomia WUlll Management Boani SWRCB: Oean Water Grants SWRCB: Delta Unit ....I SWRCll: Water Quality SWRCB: Water Rights ..:r. Regional WQCB If 9 ( Youth & Adult Co1'1'eClions Comction. Independmt Ct.,. ,.. ,:"",: \, ,) & OfIlalS Energy Commission .L Native American Heritage Commission Pnblic Utilities Commission Santa Monica Mountains Consen-ancy State Land CommisslOll Tahoe Regional Plam1ing Age:ocy Food & Agriculture HeaJlh & Welfare ..I.. Health Services . Pllblle Review Period: Starting Date: September 28, 2005 SiP,nalure , Date Ending Date: October 28, 2005 Seotember 23V 200S 1 Lead Agency (Complete if Applicable): City of Temecula 43200 Business Park Drive TemecuJa. CA 92590 H Contact: Emety I. papp. AlCP Phone (951) 694-6400 For SCH V... Only: Date Received at SCH Date Review Starts Ollie to Agencies Date to SCH ! Oeanmcc Dare , Not..: Applicant Universal Health Services, Inc, Address 367 South Oulph Rood King of PrIls&ia, P A 19406 Phone (610) 768-3300 I .:=.-_-_..~-- . P.;'C U P'aOOI\04-046J TemocaIa IlegKml HoopiIOI\NOTI1:BOP COMPLm1ON PBIR O!I-~.doc 2 :. ~ ,] . i Ie i . I I :e City of Temecula P111111lDg DcpartmeDt 43:100 BuslDeu PorIe Dd.. . Tt:mr:cuI.. CA 92590. MalIiJl& A_: P.O. Box \lO:l3 . TemocuIa, CA ~ (951) 694-6100. PAX (951) 694-6477 Augusl2, 2005 Trustee and Responsible Ag~ncles Subject: ReqW8l for Shortened Review of a Draft Focused ElR for the Temecula Regional Hospital Project . Dear Agency; The City of Temecu~ Planning Department will be the lead Ageocy and will prepare a Focused Environmentallmpacl Report (ElR) for the Temeoula Regional I-Iospital project. The CIty of Temecula Is requestlng a shortened (30-Day) review of the E;IR for lhis project. The shortened review is belng requested because al a scoplng session, held on April 20, 2005 where the City heard publio Input and testimony, the- City. determined that a Focused EIR anaJyzlng potential Impacts id~.~f..j in 1I1e alIached NOP should be prepared for Ihls project. Furthennore, an Inillal Study (SCH # 2005031017) for this project was previously released for public review and comment with ltJe intent of preparing a Mitigated Negative Declaration. The .........JIt period for the proposed MlIlgaled Negative Declaration was March 8, 2005 through April (I, 2005. No Stale Agencies commented on the originallnltlaJ Study. Commenls from the U.S. Ash and WHElllfe Service have beeO addressed. The scope of the project has not ohanged; however, the City Is now recommending that a Fooused EIR be prej)arecl. Pursuant to Section 15105(d)(3) and Appendix K of the Callfomla Environmental Quality Act (CEQA) Guidelines, the CIIy of Temecula believes that the project Is riot of statewide, regional, or area wide signlfJcanCEl, 8S J.l...J in c."y::~, 15206 of the ceCA Guidelines. Therefore, the CIty of. Temeoula Is .requesting that your agency approve the request for a shortened review period for this project. We . ....""...Jully request that your agency provide wrtlten approval of the request for a shortened review period to Emef)' J. Papp, Senior Planner, CIty of Temec1JIa, by Augusl15, 2005. If I may be of any assistance, please call me at (951) 694-6400, or via e-mail at emerv.oann@dtl.L...,..llla.orq. Thank you for your consideration and quick response to this request. . Sincerely, Z~/ I.:f ;::e~ J~app,' CP 7f' . Senior Planner AttaohmBnls: Nptioe of Preparation Initial Study cc: (Continued on next page) ft'QU F'\2OM04_ T_ RogillNd L .. . ,"" ~. .._ _ RecjIOI\.Agoodoa<lOC ) ,. ~ CA Ollpattment of FIsh & Game Regional Water Quality Control Board State Clearlngho\lse CA Department 01 Water Resources F9deraI: Anny Corps 0" engineers U,S. Ash '" WlldlNe Service Bureau 01 Land Management Raalonal: South Coast Air Quality Management DlstrIct Western RIverside Counoll of GoVernments RIverside CountY: Airport Land Use Commission Flood Control and Water Conservation DlstrlOl J-fealth Department . Planning Department . Habitat Conservation Agenoy Riverside Transit Agency Transponatlon Department UtiDties: Eastern Munlclpal Water District Inland Valley Cablsvision Rancho California Water District Southern California Gas Southern Caflfomla Edison Ternecula Valley School District M,. .r .;',...n Water District 01 Southern California .ye~n Other. Poohanga Indian Reservation Eastern Infonnation Center Local Agency Formation Commission RlversidEl County'Transportation CommIssIon !\'Cu.... ".. .IllST_I\euIlNIHospIoO~. . __-_ . j . ~ . . . ......":-:.;;:J'!.,...y' . - c-q a.,;-J (mn,1nt oflJlJlJ Lno.. .'im<I, Jwl Ft.Iw . Ri..mJe. CJifomi, M4lIilJf: A4J...." PMl 0.0;.. a...l:NJ08 '1IiINnUl, r..zlijMol.l ~21OZ-22QIj Pho.u (MI) 787-7"" . &. (9.51) 787-7Y211' ............"J vq'~~- October 4, 2005 : Letter 1 Mr. Emery J. Papp Senior Planner City of Temecula: 43200 Business I"ark Drive P.O. Box 9033 : Temecura, CA 92589-9033 i I ., I I I I I I I , Subject: Draft Focused Environmental Impact Repon (EIR) for the Temecula Regional Hospital Project {SCH No. 20050310nl Dear Mr. Papp: Ie ! The Riverside County Transportation Commission (RCTC) received a copy of the Draft Focused Environmental Impact Report (EIR) for the TemecuJa Regional Hospital Project in the City of Temecula on September 29. 2006 and are providing you with tha fOllowing comments: I Ie 1. RCTC is concerned about any potential impacts to State Route 79 ISR-791 and Interstate :15 (1-151. Most of the impacts are expected to occur at driveways entering onto SR-l9 and local streets such as De Ponola Road as well as other nearby roadway intersections. Several mitigetion measures are listed in Se~tion 4.6 ITransport~tionl pages 4-93 lhrough 4-95 and again on pages 1-15 and 1-16 and 1-1 pages 1-1'8 through 1-20 of the Executive' Summary, which would alleviate potential impacts. RCTC supports the City's requirement for these mitigation measures.: Please ensure that all mitigation measures are implemented beth during and after construction. 2. Will .Preemption' of. locel traffic signals be usee! for emergency vehicles entering and exiting the hospital, especially ambulances approaching the Emergency Room? 1-2 Will emergency vehicles use the main entrance way at SR-l9 or will they have a separate designated acces.? 3. Will an Emergency Operation. Plan be prepared that will out~ne procedures to I cvacu~tc thc facility during a disaster emergency? Would all the evacuation traffic 1-3 be forced 9nto 1-15? 4. The Hosp;i:al is defined as e Regional FacilitY. The new MRI, cancer treatment facilities and Fitness Center will draw petients from a broad. area. Have the cumulative impacts of these potential traffic generators been fully evaluated to determine :that all necessary and appropriate measure. are inCluded before final project approval? 1-4 Focused Enviro~mentallmpact Report (EIRI for the Temecula Regiqnal Hospital Project (SCH N~. 2005031017) Page -2- 5. The Draft' Focused EIR indicates that adequate parking will b~ provided 11.278 spaces on, surface lots). What about employee parking? Is it included in the 1,278 space tot~17 What measures will be put into place to prevent employees from parking in 'the surrounding neighborhood? 6. In the fUn!re; the hospital surfece lot parking areas could be absorbed by expansion projects. jWiII the future parking demand be fulfilled by parking [structures and has any preliminary thought been given as to where these structures :mlght be? Access and visual'impacts are usually significant impacts associated witH parking structures and shOUI~ be given early consideration. , ,. 7. There are' many other residential and commercial davelopment projects near the Hospital Proiect area and RCTC wduld like to see that all of this ongoing effort is closely c<Xordinated. Coordinate directly with Caltrans concerning SR-79 and 1-15 for this project. Contact John Pagano, Caltrans IGR Coordin~or, at (909) 383- 6327. This concludes FiCTC's comments. Should you have any questions or require additional information, plea~e contsct Bechtel Measure -A- Project Coordlnetor, G~stavo Quintero, at (951) 787-7935.: Thank you for giving RCTC the opportunity to comment on your Draft Focused EIR. . , jjelY, . l~'~& . Hideo Sugita, Deputy Executive Director ReTC Riverside County:Transportation Commission Cc: John Pag$no, Caltrans 08 Bill Hugheis, Mike Davis, Gustavo Quintero- Bechtel M:\Enviro,nmefTtal Rev~w1i Nun..PrujW~L\100305DEIRTe~u"HollpiUIJPrnjcc.dGc: . 1-5 1-6 1-7 . e i. i. , e 1. Hideo Sugita, Deputy Executive Director, Riverside County Transportation Commission, October 4, 2005. Response 1-1 The comment states the Riverside County Transportation Commission's (RaC) concern regarding potential impacts to Highway 79 South and Interstate 15, and RaC's support of the traffic mitigation measures. After project approval, the mitigation measures in the EIR will be implemented through a Mitigation Monitoring Plan to ensure that all mitigation measures are implemented and completed. The comment is acknowledged, and no further response is required. Response 1-2 Emergency vehicles will use either the main entrance on Highway 79 South or the De Portola driveway, depending upon the direction from which they return from an emergency call. Pre- emption of traffic signals will not occur. Response 1-3 As the hospital is a critical facility in the event of an emergency, evacuation of employees is not anticipated to occur. Persons may instead be taken to the facility should a disaster occur. If the need to evacuate arises, such would take place in accordance with City emergency response plans, which provide for multiple evacuation routes and directions depending upon the location and scope of a disaster. Response 1-4 According to the project traffic engineer, the MRI facility, Cancer Treatment Center, and Fitness Center were all included in the trip generation forecast for the project. Response 1-5 The 1,278 parking spaces that will be provided on surface lots include parking for employees of the hospital facility. The 1,278 total parking spaces exceed the City's parking standards, which require 663 parking spaces for the proposed project. The greatest number of additional parking spaces are those calculated for the hospital portion of the project, for which the Development Code requires one space per three beds. The parking provided on the site exceeds the standards contained within the Development Code because applicant, based of experience at other hospitals owned and operated by Universal Health Services, believes that the City of Temecula code requirements do not fully account for parking needs within the hospital associated with staff parking, outpatient services, and other needs within the facility. This is common within most jurisdictions, and hospital facilities often exceed minimum parking requirements for this reason' Providing additional parking guards against employees parking in surrounding commercial development or residential neighborhoods. I Personal Communication, David Prusha, HKS Inc. - Project Architects and Engineers. September 22, 2005. CITY OF TEMECUlA ENVIRONMENTAL L\.1PACT REPORT TEMECULA REGIONAL HOSPITAL 9-11 Responses to Comments on the Draft fIR Response 1-6 . The applicant has no plans for expansion of the hospital or construction of parking structures. CEQA guidelines require an EIR to analyze reasonably foreseeable significant effects of a proposed project. The expansion of the hospital or its facilities is not anticipated in the in future and thus, has not been analyzed in this HR. Any future development on this site would be subject to CEQA review at the time proposed. Response 1-7 The comment states that there are many other residential and commercial development projects near the proposed project, and efforts regarding impacts to Highway 79 South and Interstate 15 should be coordinated. The City requires a cumulative analysis of all projects in the vicinity of a proposed development and analyzes all impacts of all projects through the CEQA process. The traffic generation from 17 cumulative projects was included in the traffic analysis. No additional analysis is required. . e ENVlRONMENTAllMPACT REPORT TEMECULA REGIONAL HOSPITAL CITY OF TEMECULA 9-12 i Ie Ie I I I i I Ie e ,\1 -=10 - -:- . Department of Toxic Substances Control AJan C. Uo,d, "".0. Agency Se<:r8tllry CallEPA 5796 Corporate Avenue Cypress, California 90630 ArnoId5~,,,,.,;. .,:,~, 0- October 14, 20Q5 Mr. Emery J. Papp City of T emecu~ 43200 Busines$ Park Drive Temecula, California 92590 NOTICE OF PR.EPARATioN FOR THE TEMECULA REGIONAL HOSPITAL DRAFT.'. ENVIRONMENTAL IMPACT REPORT (SCH#2005031 017) Letter 2 Dear Mr. Papp:; The Department ofToxic Substances Control (OTSC) has received YOur submitted Notice of Prep~ration (NOP) for the draft Environmenla/lmpact RepOrt (EIR) for the above-mention~d project. The following project description is stated In your document: "A propDsed G~neral Plan Amendment, Zone Change (Planned Dev~lopment Overlay District), Tentadve Parcel Map, Development Plan and Conditional Use Permit to consider a Regional Hospital Facility conSisting of a 320-bed hospitai, approximately 408,000 squar~ feet In size, two medical office buildings approximat~y 140,000 square feet in size, a 1 i),ooo square fODt cancer center, and an 8,000 squar~ foot fitness rehabilitation c$nter, all totaling approximately 566,160 square feet, lOcated on the north side of Hii/hway 79 South, apprOXimately 700 feet west of MaI'Qarita Road. . 2-1 Based on the r~view of the submitted document OTSC has commentl. as follow: 1) The EIR! should identify and determine whether current or histbric uses at the project ~ite may have resulted In any release of hazardous wa$tes/substances. 2-2 2) The EIR! should identify any known or potentially contaminated sites within the proposed Project area. For all identified sites, the EIR should ievaluate whether conditions at the site milY pose e threat to human health or the environment. A Phase I Assessment may be sufficient to identify these sites. Following are the databasjls of some of the regulatory agencies: 2-3 . . · . National Priorities List (NPL): A list maintained by the United States Environmental Protection Agency (U.S.EPA). " Printed on Rocydod Paper Mr. Emery J. PaPP October 14, 2006 Page 2 : . Site Mitigation Program Property Database (formerly CaiSltes): A !;latabase primarily used by the California Departmenfof Toxic Substances Control. . Resource Conservatiorl and Recovery Information System (RCRIS): A !:Jatabase of RCRA facilities that is maintained by u.sl EPA. . Comprehensive Erlvirorlmental Resporlse CompensatiQtl and Lillbility Information System (CERCLIS): A database of CERCLA sites that rs"'-~"'~ maintained by U.S.EPA. . . . . . . Sqlid Waste Information System (SWIS): A database pr~vided by the California Integrated Waste Marlagement Board which donslsts of both open as well as closed and inactive solid waste dlsposai facilities and tr.:insfer stations. . . Leaking Underground Storage Tanks (LUST) I Spills, Leaks, Investigations and Cleanups (SLlC): A list that is maintained by Regional Water Quality Control Boards. . Ldcal Counties and Cities majrltaln lists for hazardous sObstances cleanup s.ltes and leaking underground storage tanks. . The United States Army Corps of Engineers, 911 Wilshire Boulevard, Los Angeles, California, 90017, (213) 452-3908, maintalns a list of FQrmerly Used Defense Sites (FUDS), . 2-3 Cont. . 3) The E1R should identify the mechanism to initiate any requiredi.investigation and/or rEjmediatlon for any site that may be contaminated, andlthe government agency to provide appropriate regulatory oversight. If hazard~s materials or wastes were stored at the site, arl environmental assessment i;hDUld be . conduclEld to detenriine if a release has occurred. If so, further studies should .2-4 be carri~ out to delineate the nature and extent of the contamination, and the potentialithreat to public health and/Dr the envlrorlment should:be evaluated. It may be necessary to determine if an expedited response action is required to reduce eXisting Qr potential threats to public health or the envi(Onmenl If no immedia~e threat exists, the final remedy should be implementlld in compliance with stat~ regulations, policies, and laws. . - !. e I i , :e Proper in~estlgation, sampling and remedial actions, if necessary, should be . . ~ conducted at the site prior to. the new development or any coni/.llUctlon;-and'<-"='''w;,~ ',2-6 overseerj by a regulatory agency. ., . . If any prclperty adjacent to the project site is contaminated Wit~ hazardous chemicali;, and if the proposed project Is within 2,000 feet from: a contaminated site, except for a gas station, then the proposed development may fall within the "Border Zone of a Contaminated Property.' Appropriate precailtions should be taken prior to construction if the proposed project is within a "Border Zone Property; .. Mr. Emery J. Papp October 14, 200" Page 3 4) All environmental investigations, sampling and/or remediation should be conducte(J under a Workplan approved and overseen by a reglilatory agency that has JUrisdiction to oversee hazardous substance cleanup. The findings of any inveStigations, including Phase I and II investigations, should be summarized In the doCument. All sampling results In which hazardous substances were found should b~ clearly summarized in a table. . 5) 6) 7) If building structures, asphalt or concrete-paved surface areas 'or other structures are plan~ed to be demolished. an Investigation should be conducted for the presenCEj.of lead-based paints or products, mercury, and asbe~tos containing material~ (ACMs). If lead-based paints or products, mercury or ACMs are identified, PlVper preGautions should be taken during demolition actMties. Additionally, the contaminants should be remediated in compliance with Califomj~ environmental regulations, policies, and laws. . The project construction may require soil excavation and soil fdling in certain areas. Appropriate sampling is required prior to disposal of the excavated soil. If the soil is contaminated, propel1y dispose of It rather than p18cing it In another location.; Land Disposal Restrictions (LDRs) may be applicable to these soils. Also, if t~e project proposes to Import soil to backfill the areas ~xGavated, proper sampling should be conducted to make sure that the imported 'soli is free of contamination. 8) 9) . . Human health and the environment of sensitive receptors should be protected during tlia construction or demolition activities. A study of the ~ite overseen by the apprppriate govemment agency might have to be conduct~ to determine if there a~, have been, or will be, any releases of hazardous materials that may pose a risk to human health or the environment. 2-5 2-7 2-8 2-9 2-10 . Mr. Emery J. P8PP October 14, 2005 Page 4 ' If it is detimnined that hazardous wastes are, or will be, generated by the. propose~ operations, the wastes must be managed in accordance with the Callfomf~ Hazardous Waste Control law (California Health a~ Safety Code, Division 20. chapter 6.5) and the Ha:<:ardous Waste Control Regulations (CalifomiiiJ Code of Regulations, Titie 22, Division 4.5). . 11) If it is determined that hazardous wastes are or will be generated and the wastes are (a) stOred In tanks or containers for more than ninety days :(b) treated onsite, or (c) disposed of onslte, then a permit from DTSC may be re(tbired. 1f'S-o;.t1t9''''''''~ ~~12 facility should contact DISC at (818) 551-2171 to Initiate pre application discussions and determine the permitting process applicable to the facility. 12) If it is delermlned that hazardous wastes will be generated. the facility should obtain a United States Environmental Protection Agency Identification Number 2-13 by contacting (800) 618-6942. . 10) 2-11 13) Certain ~azardous waste treatment processes may require authorization from the 10caLCertifled Unified r'''t1.am Agency (CUPA). InformatiQn about the requirement for authorization can be obtained by contacting your local CUPA. 2-14 . . . 14} If tile project plans include discharging wastewater to storm d~in, you may be required to obtain a wastewater discharge permit from the overseeing Regional 2-15 Water Quality Control Board. . . . . , 15) If during eonstruction/demolitJon of the project, soil and/or gro~ndwater contamInation is suspected, construction/demolition in the area should cease and appr,opriate health and safety procedures should be impletnented. If it is 2-16 determined that contaminated soil andlor groundwater exist, tlie EIR should Identify ~ow any required investigation and/or remediation wllilJe conducted, and the ~pproprlatG govemment agency to provide regulatory oversight. 16) lfthe site was and/or is used for agricultural activities, onsite SPils may contain pesticide, herbicides and agricultural chemical residue. Proper investigalion and remedia! actions, if necessary, should be conducted at the site prior to 2-17 construction of the project. . DTSC provlde~ guidance for cleanup oversight through the VoluntarY. Cleanup Program (Yep). For additfonal information on the VCp, please visit DTSC's Web sile at 2-18 www.dtsc.ca.gQv. . . . '\ '. e . Mr. Emery J.Papp OclOber14,Z005 Page 5 . If you have any questions regarding this letter. please contact Mr. Jos~ph Cully, Project Manager, at (714) 484-5473 or email atjcully@dtsc.ca.gov. . Sincerely, ~~~ :?~ Greg Holmes Unit Chief , Southem California Cleanup Operations Branch - Cypress Office co: Govemoi's Office of Planning and Research State CIl'iaringhouse P.O. Boxi3044 Sacramehto, Califomia 95812-3044 Mr. GuenlherW. Moskat, Chief Planning:and Environmental Analysis Section CEOA Tr,acking Center Deparlmflnt of Toxic Substances Control P.O. Boli 806 Sacram~nto, California 95812-0806 ceoA #1179 u ~ 'to ..,..........~;,.......~,.'..--:.'::~...:. 2. Greg Holmes, Unit Chief, Southern California Cleanup Operations Branch, Department of Toxic Substances Control, Odober 14, 2005. e Response 2.1 This comment provides an introduction to the Department of Toxic Substances Control (DTSC) comments on the Draft EIR. No response is required. Responses 2-2 through 2.7 As the Initial Study (Appendix A of the Draft EIR) indicated, the project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. The Applicant's consultant searched DTSC's Hazardous Waste and Substances Site List (Cortese List) for Riverside County, which confirms that conclusion. A Phase I Environmental Site Assessment was not required by the City for the application process and is not required under CEQA. Generally, Phase I reports may be desired by prospective lenders during a property purchase process, but not as part of a discretionary permit application. This project does not involve any acquisition of property. Nevertheless, the applicant's consultant performed the Cortese List search and compiled other information about the site history. The applicant also provided a prior property owner's undated Phase I Environmental Site Assessment prepared by Turnbridge Consulting, Inc. that covers about 25 acres of the current project site. That Phase I report concludes that no evidence exists that current or historic use of the site may have resulted in any release of hazardous waste/substances. The Tumbridge Consulting Phase I report was completed prior to official identification of the two known leaking underground fuel tanks (LUFTs) located near, but not on the project site. These two LUFTs are: a Chevron station located at 31669 Highway 79 and an ARca gas station at 44239 Margarita Road. However, as stated the DTSC's comment letter, gas stations are exempt from IIBorder Zone of a Contaminated Property." Remediation of such facilities is the responsibility of those site owners, and all such remediation must occur in a timely manner and pursuant to state and federal regulations. In any event, the existence of the off.site LUFTs does not pose a CEQA. related impact for this Project. Thus, as concluded in the Initial Study, environmental impact will be less than significant. Per the project conditions of approval, and consistent with standard City practices and requirements, the applicant/operator will be required to submit for review and approval by the Riverside County Department of Environmental Health and Fire Department a Hazardous Material Inventory Statement and Fire Department Technical Report. Such report will be kept on fries, and should any quantities of hazardous materials used or stored on.site increase or should changes to operation introduce any additional hazardous material not listed in such reports, the operator will be required to update such reports. e Response 2-8 The comment is noted. Prior to the demolition of any existing structure, standard procedures to comply with California environmental regulations, policies, and laws will be implemented. e CITY OF TEMECULA 9-18 ENVIRONMENTAL IMPACT REPORT- TEMECULA REGIONAL HOSPITAL Ie e .e Responses to Comments on the Draft fiR Response 2-9 The comment is noted. As noted in the Response to Comments 2-2 through 2-7, no known soils contamination exists. The project applicant will apply standard procedures to comply with California environmental regulations, policies, and laws regarding contamination of soils being excavated, imported, and reused. Response 2-10 Through the permit issuance process, the City will ensure that the applicant complies with all applicable local, state, and federal environmental regulations. Response 2-11 through 2-14 The comments are acknowledged. As stated in Response to Comments 2-2 through 2-7, per the project conditions of approval and consistent with standard City practices and requirements, the applicant/operator will be required to submit for review and approval by the Riverside County Department of Environmental Health and Fire Department a Hazardous Material Inventory Statement and Fire Department Technical Report. Such report will be kept on files, and should any quantities of hazardous materials used or stored on-site increase or should changes to operation introduce any additional hazardous material not listed in such reports, the operator will be required to update such reports. Moreover, the proposed project will comply with the California Hazardous Waste Control Law (California Health and Safety Code, Division 20, Chapter 6.5) and the Hazardous Waste Control Regulations (California Code of Regulations, Title 22, Division 4.5). Response 2-15 Water quality impacts will be less than significant due to compliance with standard City programs and practices to implement the City's NPDES permit. Construction-phase and post-construction Best Management Practices (BMPs) will be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a grading permit. The project proponent will also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs. Response 2-16 As indicated in the responses above, no known hazardous soils conditions exist on the property. The Rancho California Water District is responsible for ensuring acceptable groundwater quality. . Through the permit issuance process, the City will ensure that the applicant complies with all applicable local, state, and federal environmental regulations. Response 2-17 Refer to Responses 2-2 through 2-i Response 2-18 The comment is noted. This comment provides a closing statement to DTSC's comments on the Draft EIR. CITY Of TEMECULA ENVIRONMENTAl IMPACT REPORT TEMECULA REGIONAL HOSPITAL 9-19 ~'. ....L.-.~)-. : '-. ....~~. ( 'h:lirpenonn: Uc:nn:1I1lC An:ns.. e PECHANGA CULWRAL RESOURCES TI'1IIt'(1J/a 8mld /.If Luis.no Mission Indians \'tee: (:baupcrtoo: Mary Il<llr M:Is<< PosI:()fficc.. Box 21113 .TemMII, C:A92S93 TcI."oo"" ('lS1) 3111l-92'S . ,..(951) Sl)(.~91 Gomnum::e Mcmbc:rJ: Ibymond KasqUC7, ~'r. F:vieUc:rhc:r l)&rIme Miranda Rridr,ctT Rucclll'l M:u:wdl Dit'<<t.." (hI'! 1 nu'Ru... October 24, 2005 CWrdinulVI: I'wl M"l1I1CV Emery J. Papp City ofTemccula Planning Department 43200 lJusiness Park Drive Temecula, CA 92590 C"1I11Ut:J1^A:IIyxI. Sk.-ph:.lnlC (jtlnllD Mumlur SUPl:MWr. AW"eJioMWTl.ltru Letter 3 Re: Comments on Temecula Regional Hospital Environmentallmpaet Report Dear Mr. Papp, This comment letter is sub.mitted by the Pechanga Band of Luiseiio Indians (hereinallcr, "Pechanga Tribe"), a federally recognized Indian tribe and sovereign government. The Pechanga Tribe is fonnally requesting, pursuant to Public Resources Code 921092.2, to be notified and involved in the entire CEQA environmental review process for the duration of the above referenced project (the "Project"). e 3-1 Pursuant to OUT discussion yesterday, it is the Tribe's understanding that, in addition to the eondilions lisled as items 5b and 5i in the initial study, the City intends to include as a condition of approval, to be completed prior to gnlding, the requirement for a Treatment 3-2 Agreement between the developer and the Tribe. A:; discussed, the Tribe has some additional items which it will be requesting be added as mitigation measures and conditions of 4.....~ "aI. While the Tn"be appreciates the City's willingness to include conditions of ..""... 'al for the project which will protect the potenlial cultW'lll resources on the site, it has a concern about 3-3 the City's lack ofinclusion of cultural resources in its CEQA evaluation of the projecl. ( am also requesting that the COunty of Riverside include an additional mitigation measure that deals specifically with the treatment of remains, if they are found during any gnlding activity. The mitigation requiremmts should also include information relating to the 3-4 pre-excavation agreement which requires the developer to provide c_..........sation to the monilors during thc Project. e Sar.n>d l. 77'0 DUlY 7l."....d 1InM Our rnw And Willi Hnrmr W. Ri... Tn Th, N.,.d Ie I e I , I !" ! e Pechanga comment letter to the County of Riverside Planning Department RE: Commenls on Draft Focused EIR for the Temecula Regional Hospital Page 2 THE LEAD AGENCY MUST INCLUDE AND CONSULT WITH 11JE TRIBE IN ITS REVIEW PROCESS It bas been the intent of the Federal Government! and the State ofCaliforniaz that Indian , tribes be consulted with regard to issues whicb impact cultural and spiritual rcsources, as well as o!her governmental concerns. The, ............sibility to consuh with Indian tribes 51.ems from the unique govemment-IO-gov-""'''"'t rclatiollShip between the United States and Indian tribes. This arises when tnbal interests are affected by !he actions of governmental agencies and departments such as <0....'...., al of Specific Plans and EIRs. In this case, it is undisputed tbat !he project lies . within the Luisei'io tribe's traditional tenitory. Therefore, in order to comply with CEQA and other applicable Federal and California law, it is i....... ..:lve Ihat the Lead Agency and the Project applicant consult with the Tribe in order to ~aranlee an adequatc basis of knowledge for an appropriatc evaluation of the project effects, as well as generating adequale mitigation measures. 3-5 THE CITY INADEOUATELY ADDRESSED Cm.TURAL RESOURCES IN THE DETR r While a copy of the cultural resources survey is included in the EIR and the Tribe understands that a "focused" EIR was intended, there is no section discussing culturnl. "~" _~OS and no rnitigation measures specifically addressing cultural resources, despite the fact that the City and cultural resources report acknowledge that the Project is in a culturally sensitive area.. As the City is aware; there is a highly sensitive cultural site in close proximity to this Project site. While the cultural resources report concludes that therc wcre no resources located OR the project site, this is not a conclusive evaluation since no subsurface testing was performed. Because of the t'._~:'_ity to the other significant site, the Tribe believes there is a likelihood for cultural resources to be encountered during ground disturbing activities. Thus, the Tribe believes that cultural resources should have bcen included as a topic of evaluation in the focused EIR. CEQA IIIllkes clear that the main purposes of an EIR is to identify and analyzc the environmental effects of a project. (California Public Resource Code ~21 002.1 (a); 14 California Code of Regulations ("Guidelines") ~ 15126). AJl currently drafted, the draft E1R. does not provide adequate protection for significant archaeological and cultural sites and does not adequately follow the provisions for CEQA and its Guidelines, including Calif. Pub. Res. Code ~21083.2(b) (avoidance as preferred method of preservation of archaeological resources), CEQA Guidelines ~ 15 I 26.4(b)(3) (agencies should avoid effects on historical resources of archaeological nature), and CEQA Guidelines ~ I S020 (lead agency responsible for adequacy of environmental documents). Inclusion of project conditions of appro va! does not substitule for the City's obligations 10 adequately mitigate under CEQA. 3-6 1 See Executive Memorandum of April 29, 1994 on G." _.._.-1-to-Govemment Relations with Native American Tribal Govetll1l1tnlS and llxec:\ltive Order of November 6, 2000 on C_u1lation and Coordlnation with Indian TnlJal Oovernmems. 2 See California Public Resomce Code fS097.9 el scq. Per:honga c.,lrllral Resourt'C's. Tem,,(.,,(a Band ofLufstrifo Mf.",fon Il1dimr.t Post Office Box 1183' Temecu'a. CA 91592 Soc,..d I.. The Du(V TruJled Unw Our ell,.. ,4nd WI,h Honor W. RL,e liJ lhe N.ed Pechanga comment letter to the County of Riverside Planning Department RE: Comments on Draft Focused ETR for the Tcmeeula Regional Hospital Page 3 In order to approve an EIR the City is required to malee finding that it has adopted mitigation measures that have climinated or substantially lessened all significant effects on the environment where feasible. CEQA Guideline ~ 15092. Since there arc currently DO mitigation measures addressing cultural resources, the focused EIR does not fully address the required cultural resources protections as it does not propose mitigation measures which would eliminate or substantially lessen significant effects on cultural resources. Because there is a potential for the discovery of cultural resources and/or human remains on the Project sile, .........tiate mitigation must be adopted. Pursuant to Public RllSOurccs Code 21082 and CEQA Guidelines ~~ 15064.5; 15 I 26-4 and 15151 a Lead Ageriey should malee provisions for historical or unique archaeological resources discovered during construction. At, detailed below, inclusion of mitigation measures addressing culturdl resources are needed to address the Tn'be's cultural concerns and to. assure that the Project is in full compliance with the California Environmental Quality Act (CEQA) and its implementing regulations, Calif. Pub. Res. Code ~21000 ct $cq., and CEQA Guidelines ~ 15000 et seq. It is the Tribe's position that its proposed mitigation measures will enable the City to make the required 1indings. The CEQA and its Guidelines mandate that avoidance is the preferred method of preserving archaeological resources, Calif. Pub. Res. Code g21083.2(b). See also CEQA Guidelines 9 15126.4(b)(3). PROJECT IMPACTS TO CULTURAL RESOURCES The Pechanga Tribe's primary concerns stem from the project's likely impacts on Native American cultural resources. At, was discllSsed above, the potential likelihood of discovering cultural resources is very high, due to other known l'CSources found in close proximity to this project. The most well known cultural site within this area is a huge Luiseiio village site, which has been previously uocumeDtcdand is.known to contain at least fifteen archeological sites within a one mile radius of this village. Within this village site numerous cultural items have been found including whole melates as well as fragments, pottery shards and many other personal and sacred items. The Pechanga Tribe is concerned about both the protection of unique and irreplaceable cultural resources, such as Luiseiio village sites and archeological items which would be displaced by ground disturbing work on the project, and on the proper and lawful treatment of cultural items, Nativ.e American human remains and sacred items likely to be discovered in the course of the work. The Tribe would also like to point out that a ... ..:..u..J method of;. "..;..,.....; for archeological sites according to the CEQA is avoidanCe and that this is in agreement with the Tribe's practices and policies concerning culturdl resources; The Pechanga Tribe asserts that the Project area is part of the Pechanga Tribe's aboriginal tenitory, as evidenced by the existence of Luis clio place names, rock art pictographs, pellOglyphs and eXlensive artifact .....ov.J.; found in !he vi~initv of the Proiect. Further, the Pl!challga Cultural Re.,olln'(!$ . lemec.'ulQ Buncf 01 Luis(Jl;o Missfn" Indians Pos/Officc Box 1/83 ' Tcmomla. (',4 91591 S",'n:11 Is Thr: DulY Tru.ucd Umo.Ollr (,o1t"A"d 'J-lth/fcmor we Nivt! Ih Th~ N'-rlf e 3-6 Cant. e 3-7 . I Ie I e I i . . Ie Pechanga comment letter to the County of Riverside Planning D~.....;...ent RE: Comments on Draft Focused EIR. for the Temecula Regional Hospital Page 4 Pechanga Tribe believes that ifhuman remains are discovered, State Jaw would apply and the mitigation measures for the permit must account for this. According to the California Public Resources Code, ~ 5097.98, if Native American human remains are discovered, the Native American Heritage commission must name a "most likely descefldant," who shall be consulted as to the "t'l',wl'.:ate disposition of the remains. Given thel'roject's location in Pechanga territory, the PeclUlllga Tribe intends to assert its right pursuant to California Jaw with regard to any remains or items discovered in the coum: of this project. For this reason, additional mitigation language is requested prior to the finalized Em. being approved. REOUlRED MITIGATIOji GiVCll this Project's close proximity 10 known cultural sites that were not discussed in the Initial cultural study, including a known village site, Pechanga request the Conditions of AI'I"w ,..J that were presented in the Initial Study, along with those addresses below, be included as mitigation measures as well as Conditions of Approval which are required to be met prior to the issuance of grading pennits. The following conditions listed in the Initial Study are requested to be included as mitigation: 1. TIle landowner agrees ro relinquish ownership of all cultural resources, including archaeological artifa<:is found on !he project site, to the Pechallga Band ofLuiseiio Ipdians for J"WI'~' treatment and disposition to the extent authorized by the law. 2. Moniroring by a professional qualified palcourologist, archaeological and Pechanga Tribe monitor is required during all ground disturbiflg activities. The monitor's shall each have the authority to temporarily hall and/or divert grading equipment to allow for removal of abundant or large specimens. The monitor shall remove samples of sediments, which are likely ro .w...~:.. remains offossil inv",,~~,~les and vertebrates. The following measures should be included as both mitigation measures and conditions of approval: 3. Ifhwnan remains are'encountered, all activity shall stop and the County Coroner must be notified innnediate1y. All activity must cease until the County C..w..~. has determined the origin and disposition of said remains. The C._~..~ shaIl delem1ine if the remains are prehistoric, and shall notify the State Native American Heritage Commission if applicable. P1,lrtber actions shall be determined by the desires of the Most Ukely Dcscedent 4. Prior to issuance of !he grading pennit, the developer shall enter into a Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be encountered during constnlction. The Agreement will further contain P('('lJa11g" Culhu-aJ ReSOllll'tl.y . 7~mec,,"(1 RonJ (Jfl.IIL\'t!l;a Mis.rion Indians p"", QUiet! BU.T :118J' temfflfia. CA 91591 Snr-rt!,f Lf The Dut." Trw'leJ UlIlu Our Curt" A,ui Wit" Honor We R;~(! 1u The N~f'.d 3-7 Cont. 3-8 3-9 3-10 3-11 3-12 Pechanga conunent leller to the County of Riverside Planning D"I'...~ent RE: Comments on Draft Focused EIR for the TemecuJa Regional Hospital Page 5 provisions of tribal monitors and address c......._.sation for the Native American monitors being paid by the dcvclopelS. 13-12 Cont. 5. All sacred sites within the Project area are to be avoided and p:rcscrved, 13-13 The Pcchanga Tribe looks fOIWard to working together with the applicant, the City of TemecuJa Planning Department and other interested agencies in p... ....:..g the invaluable Luiscfto culturalll=Source8 fDlmd in the Project area. If you bave any questions, please do not hesitate to contaCt me at (951) 308-9295 or Laura Miranda at (951) 676-2768, .Ext. 2137. Thank you for the opportunity to submit these comments. Sincerely, ~:d_lJsJ~ Stephanie Gordin Cultural Analyst P~cha'lgQ Cu/uDYlI Rf!SOUl\'e.f. u>mel:u{a Band ,~rl.uist!IT() Mi.'tdtm Tndlan.or Post Offic:c Box JJ.Y3 . Temt!l:M/a. ell 9159J .<;Oem! /, '1"', /luty 'fro"'" Unl" OMr Q,,.. Anti Wilh llono,. w, Hi.. To Tht N,.,/ . . e Ie e e 3. Stephanie Gordin, Cultural Analyst, Pechanga Band of Luisefio Indians, October 24, 2005. Response 3-1 This comment provides an introduction to the Pechanga Band of Luisefio Indians' (Pechanga Tribe) comments on the Draft EIR. The comment is a formal request pursuant to Public Resources Code 921092.2, to the Pechanga Tribe to be noticed throughout the proposed project's CEQA process. The Pechanga Tribe has been on the distribution list for throughout the entire CEQA process and will continue to be notified when mailings occur. Response 3-2 This comment is acknowledged regarding the additional mitigation measures and conditions of approval. Both the City of Temecula Planning Commission and City Council will review all project conditions of approval, including those noted in the Initial Study for the proposed project and incorporated into the conditions of approval documents. The conditions 6f approval include the requirement of a pre-construction agreement/treatment plan with the Pechanga Band of Luiseiio Indians prior to the issuance of grading permits. Consistent with state law, such plan must set forth and contain the terms and conditions for the treatment of any discoveries of any previously unknown subsurface Native American cultural resources or human remains that may occur during grading activities. Additionally, the City has included the following condition of approval for the project: A note on the grading plans shall be provided and shall read as follows: If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifact or other object which reasonably appears to be evidence of cultural or archaeological resource is discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning. Response 3:3 This comment indicates a concern about the lack of inclusion of cultural resources in the CEQA evaluation of the proposed project. The Initial Study, contained in the Draft EIR as Appendix A, evaluated the proposed project's impact on cultural resources. Pursuant to CEQA Guidelines Section 15064.5, the proposed project will result in a less than significant impact to archeological and historical resources. The following two reports, included as references for the Initial Study, support the conclusion of a less than significant impact on cultural resources. Therefore, no additional analysis is required per CEQA. CITY OF TEMECULA ENVIRONMENTAllNIPAO REPORT TEMECULA REGIONAL HOSPITAL 9-25 Responses .to Comments on the Draft fiR e 1. Historical/Archaeological Resources Survey Report, Temecula Hospital, CRM Tech., September 1 7, 2004. 2. Paleontological Resource Assessment Report, Temecula Hospital Project, CRM Tech., September 16, 2004. As indicated in Response 3-2, the applicant will be required to guard against harm to any previously unidentified subsurface cultural resources during the project grading process. Response 3-4 See Response 3-2. The applicant will be required to comply with agreements, as well as Sections 15064.5(d) and (e) of the CEQA Guidelines (California Code of Regulations) addressing the discovery of human remains during the grading or construction process. Response 3-5 The comment is acknowledged. Maintaining a good working relationship with the Pechanga Tribe is important to the City. As noted in Responses 3-1 and 3-2, the Pechanga Tribe is included on the project notification list, and per project conditions of approval, the Tribe will be consulted by the project applicant and can be present during ground-disturbing activities. Response 3-6 . The comment is noted. Please refer to Responses 3-2 and 3-3. If the project is approved by the City Council, conditions of approval will be adopted by the City, and the conditions will be enforceable measures that the applicant must comply with prior to proceeding with different phases of the' project. Additional mitigation is not necessary per CEQA Guidelines Section 15143 because impact to cultural resources were identified as less than significant during the Initial Study analysis. Response 3-7 The comment is acknowledged. Please refer to Responses 3-2 and 3-3. Pursuant to Sections 15064.5(d) and (e) of the CEQA Guidelines and the proposed conditions of approval, if human remains are identified during the grading or excavation phase, state law and standard reporting practice will be implemented, and the site must be cleared by the appropriate authorities prior to the restart of construction activities. The Tribe's assertion that it constitutes the most likely descendant of any human remains that may be found is noted. Response 3-8 through 3-12 The comment is noted. Please refer to Response 3-2. All four conditions of approval cited in the Initial Study, all of which reflect standard City practices and regulations, will be applied to the project. . ENVlRONMENTAllMPAO REPORT TEMECULA REGIONAL HOSPITAL CITY OF TEMECULA . 9-26 . . !. Responses to Comments on the Draft fiR Response 3.13 No known sacred sites were identified as part of the cultural resource investigations cited in Response 3-3. If, as result of grading and construction monitoring activities, any sacred site is discovered, such activities will cease until appropriate reconnaissance and treatment can be completed. Consistent with state law (see Public Resources Code Section 21083.2[b]), treatment could include redesigning of project components to avoid, protect, and respect such cultural resources. CITY OF TEMECULA ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAL 9-27 WARREN D. WILLIAMS C-.......'II"'..!l<I"-ChicfEngineer 1995 MARK!:. ".;;"" , R1V1'RSIDE, CA !!2SOI 9SI.9S$iI200 9SJ.788.996$]lAX www.IT....L~"."~lco.rivcnktG.ea.us e RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT October 26, 2005 Mr. Emery J. PapP. Senior Planner City ofTcmecula , Planning Department Post Office Box 9033 Temecula, CA 92589-9033 Letter 4 Re; Draft Environmental Impact Report for Temecula Regional Hospital This letter is writteJj in ...........e to the Draft Environmental Impact Report (DElR) for the Temccula ':: Regional Hospital ProjecL The proposed pruject is l<.>caled on the north, side of Highway 79 South, , , south of De Portohi Road, and ~rr' ...:._8roly 700 feet west of Margarita Road, within (he city of': 4-1 a Temecula ' ,..., Dear Mr. Papp: The Riverside County Flood Control and WWi:r Conservation District (DistriCl) has thc following,' comments/concerns that should be addressed in the Environmental Impact RepOrt (ElR): 1. Existingi Dislrict facilities arc located adjacent to the proposed prOjecl area and may he ..: impacted. The proposed project may impact the District's Temecwa Creek Line V. Any,: work tl!at involves District rights-of-way, easements, or facilitics will require an ~ ' encroachment permit from the Dislricl. The construction of facilities within road right- :: -.m' ,,_.., !If-way ~ may impact District storm drains should also be coordinated with us. T~ , obtain fiirther'informatinn on encroachment permita or existing facilities, contact Ed Lotz .. i of the Encroachment Permit Section at 9S 1.955.1266. ' 4-2 , .. 2, Page 4-3:3, Section 4.3 Hydrology and Water Quality ufthe DEIRincorrectly slates that ;: the District reviews all JITOPllsed projecLqwithin the planning area :Plea<;/! he advised that:: the District docs not normally recommend conditions for land divisions or other land use :: cases in incorporated cities. The District also does not plan check City land use cases, or :: provide State Division of Real Estate letters or other flood hazard tcports for such cases. ':' 4-3 District tomments/recommendalions for such cases are normally limited to items of ': : specific interest to the District including District Master Drainage Plan facilities, other ': ' regional:flood control and drainage facilities which could be:considered a logical,:: ~'''r. ..int or extension of a master plan system, and Area: Drainage Plan fees:: (dcvelopinent mitigation fees). Please refer to the previous leUer dated Augtlllt 25. 2005 :: that is in<:luded in the NOP Responses section of the DEIR. ' ' . :1.j . . . Mr. Emery J. Papp : Re: Draft Environinental Impact Report for Temecula Regional Hospital October 26, 2005 :. -2- 3. It is unclear in the DEIR where the ...........ll storm drain system will outlet. Any impacts:. that may occur to the, District's existing Linc V Stagc 2 Channel as a result of thc ' . connectibn should be addressed. Potential :u...~.;. include, but are not limited 10,:: 4-4 biologicid resources. air quality, water quality and potential for inCreased erosion due to" con..u~;"':on of flows. ' : Thank you for the opportunity 10 comment on the DElR. Please forward any subsequent' environmental documents regarding the project to my attention at this office.' Any further questions ' concerning this letter may be referred to Steven Horn at 951.955.1200 or me at:951.955.1233. -';'~r' Very truly yours, 0JJUo~~~~ C TERESA ruNG Senior Civil Engineer c: TLMA ' Alt1J: Oavid Mares Ed Lotz SCH;mcv P8\I02972 :~._~....~......,.~,~..:'"'::''' 4. Teresa Tung, Senior Civil Engineer, Riverside County Flood Control and Water Conservation District. October 26, 2005. . Response 4-1 This comment provides an introduction to the Riverside County Flood Control and Water Conservation District's (District) comments on the Draft EIR. No response is necessary. Response 4-2 The comment is noted. Per standard City practices and regulations, the Public Works Department has included conditions of approval for the project that require an encroachment permit from the District for any work within the District's right-of-way. An additional condition of approval requires that a copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations, be submitted to the District for approval prior to the issuance of any permit. Response 4-3 In response to the comment, under the "Storm Water Drainage and Water Quality" subheading on page 4-33 of the Final EIR, the first sentence of the first paragraph has been revised to read as follows: To ensure that adequate flood control capacity is available to support new development, all proposed development projects within the City of T emecula are mav be reviewed by the Riverside County Flood Control and Water Conservation District,. at the reouest of the Citv, prior to approval by the City of T emecula. . The revision does not affect any of the impact conclusions contained in the EIR. As noted in Response 4-2, conditions of approval require that grading and improvement plans, along with supporting hydrologic and hydraulic calculations, be submitted to the District for approval prior to the issuance of any permit. Response 4-4 As described on page 4-31 of the Draft EIR, currently the eastern watershed on the project site drains to the drainage channel (the District's existing line V Stage 2 Channel). The project applicant proposes to construct storm drain outlets into the District's line V Stage 2 Channel directly east of the project site. Current flows into the channel are anticipated to increase as a result of the, project. The hydrology and drainage analysis report prepared for the project (November 2004) analyzed the impact on channel capacity. The report concluded that the slight increase in flows into the channel will be less than significant; thus, the proposed project will not impact downstream drainage systems.' Per standard City practices and regulations, a condition of approval will be applied to the project requiring that all grading and improvement plans, along with supporting hydrologic and hydraulic 2 Hunter Assodates, Ltd. (A TRe Company). Hydrology & Drainage Analysis for Temecula Regional Medical Center. November 2004. . 9-30 ENVIRONMENTAlltv1PACT REPORT TEMECULA REGIONAL HOSPITAL CITY OF TEMECULA i 'I I I. I . . Responses to Comments on the Draft ElR calculations, be submitted to the District for approval prior to the issuance of any permit The applicant will be required to implement any measures imposed by the District The comment suggests that biological resource impacts should be analyzed in relation to the channel. The project applicant does not propose construction within the channel and thus, no such analysis has been conducted or is required. If, subsequent to project approval and through the review of improvement plans, any construction within the channel is required to comply with District directives or to address any additional requirements that the City Council may impose as a result of public hearings, then subsequent environmental review will be required per CEQA for any such activity. The comment suggests that air quality and water quality impacts should be analyzed in relation to the channel. Section 4.1, Air Quality of the Draft EI R analyzed air quality impacts associated with the construction of the proposed project No additional impact analysis is required for air quality. Water quality impacts will be less than significant as a result of compliance with standard City practices and regulations, enforced through conditions of approval, that implement the City's NPDES permit Construction-phase and post-construction BMPs will be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a grading permit The project proponent will also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs, No additional impact analysis is required with regard to water quality. All other impacts related to the District channel are considered less then significant because the proposed project does not include construction within the channel. Therefore, no additional impact analysis is required. CITY OF TEMECUlA ENVIRONMENTAl IMPACT REPORT TEMECULA REGIONAL HOSPITAl 9.31 BEST BESf & KRIEGER LLP e INDWI......... f70Dl 5e8-2e. I . ACAUI"ORtMI.INnmUA8lUn' ,.. INQ.UCPICII--,. _.'. ,~, LAWYI\Rll .3750 UNNEmNJY AVINIJE POST 0f1lCC 80X l028 ~ CAUf'OIINA 92502-1028 1'D51J e&e-14PJQ (ODI> M&-3Oe3 fAX BBKLAW.QOH ~ (V I 01 32&-4000 IR\IINE ~ ee302eoo '"'" lltEOO (OI0)152l!ol~ OKTAAIO 19OQ) og89-85e-4 _CREEl( <02&) 740-7300 s...vAtlOR M. s.....:w. 5AL.vADOR.~8DKLAW.COM October 26, 2005 Via Fa"'limile an4 Fil'!lt Class MlIil Ilmery Papp, Senior Planner Oty ofTemccula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Letter 5 HE: EXTENSION OF PUBLIC REVIEW PERIOD ~R TEMECULA HOSPITAL EIR FOR PA04-0462, PA04-t463, ,AND PA04-OS71 (UNIVERSAL HEALTH SERVICF.!lHOSPITAL PROJECT) . Dear Mr. Papp: This l;aw .6nn represents Brad and Nicole Stormon, owners of a single farnil>, residence located on the nottheast comer of DePortola Road and Pio Pico Road directly across the street from the northerlY boundary of the proposed Universal Health Services Hospital development project ("Project"). We have l'IlCeived a copy ofthe Draft Environmental Impact Report (DEIR) prepared for the Project. It is our understanding the public rcview period for the Project DElR will terminate on Friday OctDbct 28,2005. The public review period for the DEm. is only 30 days. Hw''''''_' as you know, CEQA reqwres a 45 day review time frame for regionally sigirificant projects like 5-1 this one. Due to ~e Complexity of the Project, we are requesting additional time to review and comment on the DEIR.. We requcst to be permitted to review and submit comments, if any, by Thursday November 10, 2005. We underStand that the City must balance the ability of the p1Iblic to respond within the time liame agaimit the interest of the applicant. However, the additional time requested will not interfere with the:scheduted Planning Commission and City Council meetings of November 16, and November 22, 2005, ....,,__:ively. . RVI'UB\!lALV ADOR.SAi.A7.ARI70261~.1 .. . I. LAW omcm Of' BEST BEST IS. KRIEGER LLP City ofTemecula, 'planning Department October 26, 2005 · , Page 2 Should you have any questions pl_ call me. Thank yeu. Ce: Debbie ubnoske, Planning Director Brad &, Nirole StormOD RVrUH\c;ALVAOOR.SAl...AZ.t\l(\102tiJ6., e 5. Salvador M. Salazar, AICP. Best Best & Krieger LLP. October 26, 2005. Response 5-1 The comment is noted. Please refer to the letter (Debbie Ubnoske, Director of Planning, City of Temecula. October 31,2005.) on the following page as a response to letter S. e e 9-34 ENVIRONMENTAllMPAO REPORT TEMECULA REGIONAL HOSPITAL CITY OF TEMECULA City of Temecula PlannlngD "." ...,_. 43200 BusinCss Pad: Drive. TemoaJla, CA 92590. MaiIiDg AddIess: P.O. Box 9033 . Temecula, CA 925,89.9033 (951) 694-6400 ~ FAX (951) 69U477 Qc;lober 31, 2005 .' I ! Salvador M. Salazar, Esq. Best, Best & Kreiger 3750 University Avenue , P:O. Box 1028 Riverside, CA '92502-1028 Re: ' Extension of Public ~eview Period for Temecula Hospital EIR for Planning Applications PA04-Q462, PA04-1463, and PA04-0571 (Universal Health Services Hospital Project Dear Mr. Salazar: As our City Attorney Peter Thorson'advised you on October 27,2005, your request of October 26, 2005 for an extension of the public review period for the Environmental Impact Report for PA04-0462, PA04-1463,and PA04-0571 (Universal Health Services Hospital Project) Is denied. On 'September 26, 2005 the Slate Office of Planning and Research determined that a 3O-day public review period for the Temecula Regional Hospital E1R (SCH#2005030017) for this Project is consistent with the criteria set forth in the written guidelines of the Office' Of Planning and Research for shortened reviews, and Section 21091 of t~e Public ReSources Code. Very truly yours, ~~~~#,., Debbie Ubnoske Director of Planning I I I i i . ! i I I I .. " , A:\C U P\2llo4\o4-0483 TelIlecula AegIonaI ~~~..,;__. of PublIc Aevlow.doc . - 1 .- IHDWt lVELLS (7eOJ S88-281 t BEST BEST &. KRl~",c.n LlP A~LPa'I'EI;J\oIABlUf'ff'!llRnllER3"'" ,.~ ". . -,..,,;o.,.~. L__, l.A~ 3750 low' .;.,.~. , AVENUE POST OFPIC& 8CJ)( IOZB RNERStDE. CAUfCRN1A 92SO.1 028 I8S I) 880-1460 <<OS I) eee0083 FAX 88KLAW,QOM wALIII/T CIlEEK 192$) 7..0-7300 . , $ACAAM1lNTO (Q 16) 3-....... "...-- """ lllEOO .10) "25"1300 I!MI'II: (0.49) Z~2.eoo 0Nll\RI0 lOCO) ""584 SALVADOR M. SAI.AZAA SALvACOA,SALAZAR@8SKLAW,COM OcWber 28, 2005 Via Facsimile and Fl1'9t Class Mail Emery Papp, Senior Planner ' City,ofTemecula PJann;l1g D~!'__ent P.O. Box 9033 Temecula, CA 92589-9033 Letter 6 RE: COMl\...s.......lo ON DRAFf ENVIRONMENrAL IMPACf REPORT (DEIR) FOR l' A04-0462, PA04-1463, AND P A04-OS11 (UNIVERSAL BE.ALm SERVICES HOSPITAL PROJECl') ... Dear Mr. Papp: This law firm ,~"MY"'ts Btad. and Nicole Stormon. owners of a single family residence located on the northeast corner of DePortola Road and Pio Pico Road, direc;t1y across the street from the northerly bounduy of the y.~..y.ed Universal Health SerVices Hospital deve1....~,_l project ("Project"). The Stormons are in receipt of the City of Temecula's Notice of Availability of the DEIR for the Project The 5;.._....5 have retained us to assist them in reviewing the potential impacts of this Project 011 the envi.~_......... their residenc::e and their neighborhood. As previously stated in the comments we submitted on April 6, 2005 to the City, the Stonnons do not object to the construction of a hospital on the subject site. The Stormons want to be assured that the Project does not cause """";;;gated adverse environmental. impacts to 1I1cir residence and neighborhoOd. To that end, the Stonnons have attended most of the neighborhood meetings held by the City and/or developer of the J'rOject t'orthe purpose of woOOng with the developer and the City to create mutually acceptable Project They have:' ~..~e quite familiar with the Project and all of its c .....,.,,,ents. In fact, the Sl..____.5 have several times voiced their concerns about the J'rOject to City staff, representatives of the hospital, and 1I1e Planning Commission during 1I1eir hearing on the Project on April 6, 2005. Throughont the consideration of this Project the StOnnons have been infonned that their concerns would be addressed in the ....",:.......ental documents for the Project Unfortunate1y, ,to date, their concerns have not been addressed. RVPUBISAr..v,\OOJ\,SAl.AZARl702643.1 e e 6-1 . . I I' I . I I i !. LAW (lI'FlCES OF BESr BEST & KRIEGER u.P City ofTemecula, Planning D_.._~.cnt October 28, 200S Page 2 In fact, the current Draft Environmental Impact Report prepared for tbe Project failS to anal)'2:c the deficiencies in the environmenta1 documents previously raised. Indeed, their concerns about spill-over traffic using Pia Pico Road Street is not addressed in the DEIR. The California L.:".,._.antal Quality Act requires the City, as a lead agency, to :"~..r.-~te all feasible mitigation mC8$UleS. The StOImons continue to believe tbat their ~ecific concems about the adverse traffic, noise, and aesthetic impacts from the Project may be alleviated with; (I) a mitigation measure .", .:.:ng the developer to construct solid fencing along the Stonnons' r-r.':} frontage (to screen noise, block exhaustand screen light and glare); and (2) . "..":':'.g the installation of traffic calming devices such as signs (No Access to Hospital) or structures along Pia Pica Road (to slow ttaflic coming south from Pia Pico Road to =8 the northerly portion of the Hospital and minimize U-turn traffic by drivers who miss the single DePoxtola driveway enttance to the I1ospital). Implementation of these mitigation measures would clearly le5sen the significant impacts of the Project. However, none of these mitigation , measures were analyzed or discussed in the DEIR. or included in the mitigation monitoring and 6-2 reporting plan prepared for the project despite the te5limony of the Stonnons and other neighbors, that increase in traffic, especially the increased identified in the DEtR, will also increase the existing spill over traffie. In fact, the supplemental traffic impact analysis devotes one paragraph on page 17 of Appendix D to refute that any cars will ever use Pia Pico Road to access the Hospital. The analysis, however, fails to consider the statement included in the previous paragraph that Margarita Road wiU_.....~;. at a LOS E on a daily basis. Common sense, and existing traffic patterns, would dictate that a driver would choose to use a residential street with less traffic rather a commercial street which where movement of cars requires waiting for more than one traffic cycle. ' 6-1 Cont. Consequently. the StonnonS continue to believe that the failure to discuSs and include these feasible mitigation measures renders analysis undet' the DEIR and mitigation monitoring and reporting plan deficient. We have Set.forth, the Slormons' conclusions in more detail below. DEFIClENClES.IJ'Il THE DEIR 1. THELcCK OF ANYAN.<<fS1S (;()NCERNJNG TIlA.FFIC IMPACTS lOPIO Pleo ROAD. The failure to discuss potential environmental impacts may result in an inadequate en'~~_......;.J document. (Ocean new Estates Homeuwm:rs Ass'" v. Mo"tecito Water Diat. .. (2004) 116 CaI.App.4ll1 396.) The supplemental traffic impact analysis contained in the DEIR (and the original traffic impact analysis prepared as part of the Mitigated Negative Dec1aration) 6-3 again inexplicably fail to assign any vehicle trips to Pio Pico Road. Further the w."."./':oo of Pio Pico Road and DePortola Road was not one of the intersections studied in the supplemental traffic analysis. (Ca1ifonna Code of Regulations. Tille 14 Section 15063 ["State CEQA Guidelines'1.) The supple.menlal traffic impact analysis assigns S6% of the vehicle trips to Highway 79 (South) and 1S% of the trips to DePortola Road. (DElR Appendix D figure 2.1a) The traffic analysis (original and supplemental traffic analysis) also "evaluated all of the RVPUBlSALV ADOIlS'>l.AZAR\70;1l;d3.1 LAW _t't'.- OF BE'Sl' eESr & KRIEGER LLP City afT ~"......la. Planning Department October 28, 2005 Page 3 intersections on Highway 79 South b~een: the 1-15 Freeway IDterchange and Butterfield Stage Road and the intersection ef Margarita Road and DePertoIa Road." (OEm appendix D.) However, nO' vehicle trips were f5Vet assigned to' Pie Pico Road and the iDtersection of Pia Pice Read and DePortola Road was not one of tbe intersections studied in the Traffic Analysis (State , CEQA Guidelines Section 15063.) We UDderstand that the traffic engineer retained by the Project ....r __emsl belif5VllS that nO' assignment of b::ips to Pio Pico Road 'is necessary because traffic will not use primarily residential streets to access the hospital. However, there is already a significant amowt of traffic that comes from the residents in the northerly areas of the City af TemecuJa that use Margarita 6-4 Road and then cut south to Pie Pico Road. These conditions will be exacerbated because persons coming from the northerly portions of the City to the Hospital will find it easier to' bypass mest of the traffie accessing the Hospital from Margarita Road and instead enter the Hespital complex from the driveway located off DePortoIa Road. Indeed, it appears from looking at a map of the City that a large portion of its population base is located north af the Hospital with easy access to , Margarita Read as a means to travel south in the City. 6-3 Cont. Given these street conditions" the Stannous again request that the traffic analysis be amended to: (1) include a study ef the intersection ef DePortoIa Read and Pie PicO'Road; and (2) study the reassignment of vehicle tri~ that would travel south beginning at Ihe intersection Margarita Road to Pio Pica Road. In tHe event the City is unable to conduct an amended Traffic .Anal~s, the Stormons continue to reqUest that a mitigation measure be added to require that a sign be placed at the intersection of Pia Pico and Margarita and at the intersection ofPio Pico and DePortela Road informing motorists that these streets dO' net provide haspital access. This 6-5 recommendation should be included as ~ ntitigation measure beCause there is a significant traffic impact on the to' adjoining residential properties. Further, tb.e requested mitigation measure is feasible and within the City's ability and authority to impose it. (Pub. Res. Code Section 21004 and State CEQA Guidelines, ~ 15364.) As the City is . ",,":" oj to adopt all feasible mitigation measures, if the City refuses to inwW',M..!e the suggested mitigation into tho Project, the City must provide a reasonable explanatidn and . ....:'w..1ate the DElR fur an additional 45 day' comment period. (State CEQA Guidelines, Section 15088.5 (a)(3).) 2. THE DEIRIDI1......,... SIGNIFICANT IMPAC'm FROM N019E SOVRCES AssOCIATED 1 WITH THE PROJECT, BUT OMITS DISCUSSION ON How THOSE IMPACTS WJu. BE MmGATED To USS T11A.N SIGNIFICANT LEJ'E1.S. The DEm notes under page 4-6, that "Even wiJh mitigation mtlt1SIITe9 to reduce helicopter flight noi.re impacts, these impacts ctl1I1Wt be mitigated, to be/ow a level of signiflCl./1/ce because of J Additionally, we no1e lbat wln1e Ibe City may Ini1ize ;'.11.-_:,:"" <'. ,~<_ < J by th. Project proponent, the City Il)1J$t find tbat the ="u.__u..1 analysis tdlccts !be t:ity's ilIdtpelldent jn"lP""" (See, c.~ State CEQA Gu;n.lm." , 15074.) , ' 6-6 tlVPlJl>\SALVAllOR.SAlAZARI'702643.1 . e '~ ,. , I I. I' I ' ,. LAW ..--.-.-....;. Of" BEST BEST & KRIEGER LLP City ofTemecula, Planning Department October 28, 200S Page 4 uncertainly of the exact numb/Jrofflights pu month due to unknown number of emugtmcies tlwt will occur whhin any given month. H/JliwJ"~ flight noise 6-6 impacts will b/J significant and u'rIavoidoble". Cont. The property that is the eloaest to the Heliport is to the Stonnons' property. The Stormons believe that an "t"ym..Jnate use of the Heliport could ~e determined b~ using w.......~:sons with similar type of facilitibs to calculWi: the average number of helicopter flights to and from the Hospital. The study of similar facilities should analy.l:e (I) the anticipated frequency of use of the heliport; (2) the: anticipated noise levels associated with the heliport; and (2) the potential noise impacts to ~_._.....lIing properties. Once this stndy is completed, mitigation measures could be ideJ11ified and recommended SO that the significant impacts 6-7 identified in the DBIR. are mitigated to 1he extent possible and to allow the decision making body to make an :..J'v....ed decision and eomj)ly with CBQA (State CBQA Guidelines. ~ 15002(a)(I). The Stonnons are Iw__..ending that, in tJIe event the City is unable to obtain this information. the construction of a block wall aldng the southerly portion of their ...v.. "".y should be inw'l'V,..ted as a mitigation measure toiminiJnize the increased ambient and interior noise levels cause by the 6 flights per month ....;.:y:..':';_J and described in the DEm.. (See DEIR. page 4-64) 3. FAlLVRE To PlIEPARE ./J., NOISE S'llJDJ' THAT DE7'EllMlNES THE NrlMBER OP .A.", ..,.......'IED FUGHTS To THE HospITAL As noted above, the City failed to include or ,.....'" " a noise study that analyzes theuoise that could be generated by the 1I1lIXim1.\l!ll number of flights aniving at the Hospital. Without this :(light and noise study the decision miaking bodies (plAnml1g Commission and City Council) , !:IlIlIlOt ma1te aninfonned decision, and will not be able to in_.l'VA..:a mitigation measures that are feasible and capable ofimplementaiion to minimizC noise significant impacts. Additionally, we :6ndthat the noise conclusions '~6....Cng noise :.....ky:.. ftom the heliport in the DEIR are so brief and conclusory that it makes the DEm. iJladequate and .w:'wlation is likely l1yy........../. (See MOlDltiJin Lim! Coalitio" v Fish a1ld Game Comm's (1989) 214 CA3d 1043,263 CR 104 [in Which an agency analyzed cumulative impacts in a brief and conclusoI)' fashion which rendered the EIR inadequate and recirculation Wlls necessary].) 6-8 4. IMPACTS , FAILVRE To PREPARE: ADEQUATE MmGATlON MEASrmES FoR AEsrHETlc The OEIR illites that the projett will include various buildings and a hospital structure that includes towers of five and six stories (106' in height). It further notes that "[W]hile the 6-9 project will be visible from various resideotiallots, a less than significant impact is anticipated because views are considered private aad are not considered to be ofpubUe benefit." (DBIR. at p, 4-5.) H. ," _.r, this statement does not absolve tbe City ftom anal~g the aesthetic and visual impacts on su....~,.:.ing residential ~..~ ..':es of constIuct:ing a six-story building. There can be no doubt that the visual chaIacter of tIl.e ll{lla will be significantly affected with the COI1Struction of 106-foot tall stmeture in the inunedlate vicinity of a residential neigbbOIhood. (Ocean Y'18W ' RVJ>UIlISM.VAOOR.SALAZo\R\~.1 LAW 0I'I'lCI!!l or BEST 6EST & KRIEGER UP City ofTemCCllIa, Plam1ing Department October 28, 2005 Page 5 Estates Homeowners ks'n v. Montecito Water Di$t. (2004) 116 Ca1.App.4'b 396 [ccncern of local residents regarding aesthetic impact8 may establish substantial evidence to .......y.; a fair axgument that a project has a significant adverse impact on aesthetics]; The Poclret Pro.>_.. ~ V. City ofSacralMTlto (2004) 2004 Cal.App. LEXIS 2074 [Jay opinion may be substantial evidence of aesthetic i...........;...].) DisJDissing the ana1ysis simply because the views are not legally .....;..;.J does not comply with the requirements of CEQA. (State CEQA Guidelines, ~ 15063; see also Protect the Historic Amador Waterways v. AltUldor Water Agency (2004) 116 CaI.App.4dl 1 099 [stating that the lead agency must consider every fair argument that can be made about a possible significant enWoIlDlentaI effect, ~ if the project, already meets ,established thresholds].) The conclusions reached in the DBlR must be based on some evidence to indicate the basis for the determinatiOns made. (Citizens Alts'nfor 'Senaible JJevelopment v. County of lnyo (1985) 172 CaI.App. 3d 151, 171.) Failure to base the ccnclusions in the DEIR. on substantial evid~ rendm the DElR. and the findings and statement of overriding considerations based on the DEIR. entiIely inadequate. 5. IUEOALDBFERRAL OF MlTlGATrON MJU.SUBES FORAE4TRETlC IilIP.tC'lS , Mitigation measures DlIlSt be designed to minimize impacts. (pRC Section 21000 and , 'State CEQA Guidelines, ~ 15126.4). In this case the mitigation measures for the Project's aesthetic ;,''i'.....;.; fail to minimize lighting impacts to the ._."....ding properties, inclnding the StoTDlons' Iesidence. Defeual of mitigation measures may be penniUed oo1y when a mitigation measure has been defined, but the extent ofroitigation that may be requited will depend on the resuIts of a later study. (Riverwatch v. County of San Diego (1999) 76 CA 411l 1428. See also Laurel Heights Improvement Association v. Regents ofUni. of California (1988) 47 C3d 376.) In this DEIR, mitigation measure A-I proposes to defer the analysis of lighting impacts on SIIllO\IIIding ......r... ;:es. The mitigation measure states: "Prior to the issuance of a building permi4 City staff shall veriJY /hot a photometric plan has been submitted which details the proposedl/gl!ting levels. . . onto oq;aCent project boundaries including mitigation mlUlSUretl. Corre.rponding ~ ;;"" i~ for helicopter/heliport uses and ambulance light use . . . shaU also be J" "jo~' ,,J including means to mitigate ". This JDitigation measure fails to i.,"""........;., perfonnance criteria that can be reviewed to determine 'What will be done if the lighting levels adversely impact the surrounding properties and/or the results are not in compliance with City regu1ations. SubJDittai of a photometric plan !loes not and CJlnnot initl~te an imoact if there is no established criteria as to what level of lighting ;.......,:ty is acceptable. Mitigation Measure A-3 states that; u. .. Enhanced bzndscaping mtlJ be required along the northern property line and adjacent residential parcelll ". RVPt.JmSALV ADOR..SALAZAR\70260.1 e 6-9 Cont. e 6-10 . i I. I .!; , I I I' ,. I I I I I I I I I , , ! I I , I I I I I I ' !. LAW _-....__.,:.. OF. BEST BEST ll. KRIEGER UP -City ofTemecula, PIannin,g Department , October 28, 2005 ' Page 6 This mitigation measure as well as mitigation measure A.I tails to inelude a y~..i,.~ance standard describing the level of mitigation needed. A mitigation measure that provides that "[E]nbanced landscaping may be '~"'M:'J' is not a mitigation measure bi:cause it does not specify under the conditions under which tho enhancenlenis will be required. (Ri1/erw4lch 1/. County of San Diego (1999) 76 CA 4th 1428. See also Laurel Heights Improvement Association 1/. Regents of Unl. of Q:difornia (1988) 47 C3d 3 76.) CoNCLUSION We appreciate the .'rr--'.mity to comment on the DEIR for thiS Project For the reasons set forth above. the Stormons continue to believe that the DElR does not adequately analyze impacts to ttaffic, noise and aesthetics, nor does it m.... .._...... feasible mitigation measures that would 1'()in;"';7,e the impacts identified above. 6-11 6-10 Cont. The Stonnons believe the City must inw. y.,...1e their suggestEd mitigation measures or , prepare additional studies (noise and traffic) to dete.nnine what level ,of mitigation is needed to minimi7e the significant impacts identified. At a minimum, if the City chooses not to inCv'IM~e the, $Uggested mitigation measures, the City must recirculate the DElR.. S' ........ Cc: Honorable Chairman and Memb fthe PI - Debbie Ubnoske, Planning Director Brad &. Nicole StOnnon Commission , ' RVP1JB\SALvAOOll.SAI.A7....RI7026OJ.l . 6. Salvador M. Salazar, AICP. Best Best & Krieger LLP. October 28, 2005. Response 6-1 This comment provides an introduction to the Best Best & Krieger LLP comments on the Draft EIR; identifies Brad and Nicole Stormon as owners of a single-family residence located at the northeast corner of De Portola Road and Pio Pi co Road, across De Portola Road from the project site; and provides a summary of the Stormons' interests in the proposed project. The comment also describes the Stormons' participation in past public hearings and scoping meetings, concluding that the Draft EIR fails to analyze several concerns noted by the Stormons, including spill-over traffic impacts on Pio Pico Road. The comment is acknowledged. Please refer to Responses 6-3, 6-4, and 6-5 concerning analysis of traffic impacts to Pio Pico Road. Response 6-2 The comment provides suggested mitigation measures for the project to reduce traffic, noise, and aesthetic impacts, including solid fencing along the Stormons' property frontage and traffic-calming devices and signage to reduce potential traffic along Pio Pico Road, noting that these measures would lessen the significant impacts of the project. The comment also notes that these measures are supported by past testimony of the Stormons and other neighbors. However, none of these measures is tied to a specific significant project impact identified in the Draft EIR. The traffic analysis conducted for the project identified no significant impact to De Portola Road. As noted in Response 6-5, a traffic analysis of Pio Pico Road was conducted pursuant to the Stormons' comments. Traffic impacts to Pio Pico Road were found to be less than significant. Traffic noise and aesthetic impacts of the project were also found to be less than significant in the Draft EIR. Therefore, neither of these mitigation measures is required. e Responses 6-3 and 6-4 The commentor's opinions are acknowledged. An analysis of the De Portola RoadjPio Pico Road intersection was not conducted in the traffic study since only a very small amount of project traffic is expected to utilize Pio Pico Road to reach the hospital. This is because project traffic would need to travel out-of-direction to use Pio Pico Road to reach the site. While Pio Pico Road is a viable short cut to utilize westbound De Portola Road, it is not a timely way to head eastbound on De Portola Road. However, in response to this concern, an analysis of this intersection was conducted, assuming all traffic which would otherwise use Margarita Road would instead use Pio Pico Road. Please refer to Response 6-5 regarding the Pio Pi co Road analysis. Response 6-5 Linscott, Law & Greenspan, Engineers (LLG), conducted an A.M. and P.M. peak-hour traffic count at the intersection on Thursday November 3, 2005 during a typical workday. Using these counts, LLG conducted an A.M, and P.M. unsignalized intersection level of service (LOS) analysis for existing, existing + cumulative project, and the existing + cumulative projects + total project conditions. In addition, LLG assumed a worst-case scenario, diverting all Margarita Road traffic (15%) to Pio Pico Road. The resulting analysis shows that the intersection of Pio Pico Road and De Portola Road is calculated to operate at LOS B conditions under existing conditions and LOS C conditions under the existing + cumulative projects + total project conditions. The analysis is shown on the following pages, e 9-42 ENVlRONMENTAllMPAQ REPORT TEMECULA REGIONAL HOSP1TAL CITY OF TEMECUlA I. . I i. Ex AM Wed Nov 2, 2005 10,54,09 Page 1-1 Level Of Service Computation Report 2000 HCM unsignalized Method (Base Volume Alternative) ............************.*****...*********...**.**..**.*************...*****.*.* Intersection 17 De Portola Rd/Pio Pica Rd ...**.....*.*****.**...****.....*...*.......*****...**..**.**..........**...**.. Average Delay lsec/veh), 1,3 Worst case Level Of Service, B[ 10,91 ...***...********.........**********..**.....**.......................**.**.**.. App:t:'oach: Nox'th Bound South Bound East Bound West Bound M~.~.~_t, L T R L T R L T R L T R ------------1---------------1 1---------------1 1---------------1 1---------------1 COntrol: Stop sign Stop Sign uncontrolled uncontrolled Rights: Include Include Include Include Lanes: 0 0 0 0 0 DOl! 0 0 0 1 0 0 0 0 0 0 ]. 0 ------------1---------------1 1---------------1 1---------------1 1---------------1 Volume Module: Base Vol, 0 0 0 2 0 52 25 164 0 0 343 4 Growth Adj, 1.001,00 1.00 1.001.00 1.00 1.00 i.oo 1.00 1.001.00 1.00 Initial Bse, 0 0 0 2 0 52 25 164 0 0 343 4 User Adj, 1,001.00 1.00 1,001.00 1.00 1.001.00 1.00 1.001.00 1.00 PHF Adj, 0,92 0.92 0,92 0.92 0,92 0.92 0..92 0.92 0,92 0,92 0.92 0.92 PHl'Volume, 0 0 0 2 0 57 2,7 178 0 0 373 4 Reduct vol: 0 0 0 0 0 0 0 0 0 0 0 0 Final VoL, 0 0 0 2 0 57 27178 0 0373 4 ------------1---------------1 1---------------1 1---------------1 1---------------1 Czitical Gap Module, Critical Gp:xxxxx xxxx xxxxx 6.4 xxxx 6~2 4..1 xxxx xxxxx xxxxx xxxx xxxxx FollowUpTim:xxxxx xxxx xxxxx 3~S:xxxx 3~3 2.2 xxxx xxxxx xxxxx. xxxx xxxxx ------------1---------------1 1---------------1 1---------------1 1---------------1 Capacity Module: Cnflict Vol: xxxx xxxx xxxxx 608 xxxx 375 317 xxxx xxxxx xxxx xxxx xxxxx. Potent Cap_: xxxx. XXJCt xxxxx 462 xxxx 676 1192 xxxx xxxxx xxxx xxxx xxxxx Move Cap.: xxxx; xxxx xxxxx 454 xx:xx 676 1192 xxxx xxxxx. xxxx xxxx xxxxx volume/Cap: xxxx xxxx xxxx 0.. 00 xxxx 0 .. 0 B 0 .02 xxxx xxxx XJCOt xxxx xxxx ------------1---------------1 1---------------1 1---------------11---------------1 Level Of service Module: Queue: xxxxx xxxx xxxxx xxxxx xxxx xxxxx. Stopped Del:xxxxx xxxx xxxxx xxxxx xxxx. xxxxx LOS by Move: .. * '* .. '* * Movement, LT - LTR - RT LT - LTR - Rr Shared Cap.: xxxx xxxx xxxxx xxxx 664 xxxxx SharedQueue:xxxxx xxxx xxxxx xxxxx 0.3 xxxxx Shrd StpDel:xxxxx xxxx xxxxx xxxxx 10.9 xxxxx Shared LOS: '* * * .. B * AppzoachOel.: 1.0.. 9 ApproachLOS " B o .. 1 xxxx :xxxxx xxxxx xxxx xxxxx 8.1 xxxx. xxxxx xxxxx. xxxx. xxxxx A '* '* * * '* LT-LTR-RT LT-LTR-RT xxxx XXXJt xxxxx xxxx.:xxxx xxxxx 0.1 xxxx xxx:xx xxxxx xxxx .xxxxx. 8.1. xxxx xxxxx xxxxx. xxxx xxxxx A '* * .. .. * . . Traffix 7.1.1115 (c) 2004 Dowling Assoc. Licensed to LLG, SAN DIEGO, CA Ex PM Wed Nov 2, 2005 10:54:18 Page 1-1 - -------------------------------------------------------------------------------- Level Of Setvice Computation Report 2000 HCM unsignalized Method (Base Volume Alternative) ******************..************************************************************ Intersection #7 De Portola Rei/Pia pica Rd ********.********************************.**********.********************.****** Average Delay (sec/veh): 1.1 Worst Case Level Of Service: B[ 10.1J **********************************************..***********************.*....*** Approach: Noxth Bound South Bound Bast Bound liest Bound Movement: L T R L T R L T R L T R ------------1---------------1 1---------------11---------------1 1---------------1 Control: Stop Sign Stop Sign uncontrolled uncontrolled Rights: . Include Include Include Include Lanes: 0 0 0 0 0 0 0 11 0 0 0 1 0 0 0 0 0 0 1 0 ------------1---------------1 1---------------1 1---------------1 1---------------1 Volume Module: Base Vol: 0 0 0 2 0 22 61 331 0 0 220 3 Growth Adj: 1_00 1.00 1.00 1.00 1.00 1,00 1_00 1.00 1.00 1.00 1.00 1.00 Initial Bse: 0 0 0 2 0 22 61 331 0 0 220 3 User Adj, 1.001.00 LOa LOa 1,00 LOa 1.00 LaO 1.00 LaO LOa LOa PHF Adj: 0_920.92 0.92 0.92 0.92 0.92 0.920,92 0.92 0.920_92 0.92 PHP Volume: 0 0 0 2 0 24 66 360 0 0 239 3 Reduct Vol> 0 0 0 0 0 0 0 0 0 0 0 0 Pinal VoL: 0 0 0 2 0 24 66 360 0 0 239 3 ------------1---------------1 1---------------, 1---------------11---------------1 critical Gap Module; Critical Gp:xxxxx. xxxx xxxxx 6.4 xxxx 6.2 4.1 xxxx. xxxxx xxxxx xxxx xxxxx FollowUpTim:xxxxx. xxxx xxxxx 3.5 xxxx. 3.3 2.2 xxxx xxxxx xxxxx x:xxx xxxxx ------------,---------------, ,---------------1 1---------------1 ,---------------1 Capacity Module: cntlict Vol: xxxx xxxx xxxxx 733 xxxx 241 242:xxxx JCCCCt xxxx xxxx xxxxx Potent Cap.: xxxx xxxx xxxxx 391 xxxx 803 1336 x:xxx xxxxx xxxx xxxx xxxxx Move Cap.: xxxx .xxxx xxxxx 375 xxxx 803 1336 xxxx xxxxx. xxxx xxxx xxxxx Volume/Cap, xxxx xxxx xxxx 0.01 xxxx 0 . 03 0 . 05 xxxx xxxx xxxx xxxx xxxx ------------1---------------1 1---------------1 1---------------, 1---------------, Level Of Service Module, Queue: :xxxxx. xxxx xxxxx :xxxxx xxxx xxxxx Stopped Del:xxxxx xxxx xxxxx xxxxx xxxx xxxxx LOS by Move: .. * .. * .. .. Movement: LT - LTR - RT LT - LTR - RT Shared Cap.: xxxx xx:xx xxxxx xxxx 733 xxxxx SharedQueue: xxxxx xxxx xxxxx xxxxx 0 "1 xxxxx Shrd StpDel: xxxxx xxxx xxxxx xxxxx 10.1 xxxxx Shared LOS: * .. 111 * B .. ApproachDel: ..-............... 10.1 ApproachLOS: * B - ~. o . 2 xxxx: xxxxx xxxxx xxxx xxxxx 7 . 8 xxxx. xxxxx. xxxxx x:xxx xxxxx A .. .. .. * * LT-LTR-RT LT-LTR-RT xxxx xxxx. xxxxx xxxx xxxx xxxxx 0" 2 xxxx xxxxx xxxxx xxxx. xxxxx. 7 _ 8 xxxx xxxxx xxxxx xxxx xxxxx A * * * * * . . Traffix 7.7.1115 (c) 2004 Dowling Assoc. Licensed to LLG, SAN DIEGO, CA - I. . . Ex+ctlML - AM Wed Nov 2, 2005 10:54.30 Page 1-1 -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- Level Of Se%Vice COmputation Report 2000 HCM unsignalized Method (Base Volume Alternative) ******************************************************************************** Inte%section #7 De Portola Rd/Pio Pica Rei ******************************************************************************** Ave1:age De1ay (sec/veh): 1.3 Worst Case Level Of Service: B[ 11.1) ********.*******************..************************************************** Approach: North Bound South Bound East Bound West Bound L.,~..o~t: L T R L T R L T R L T R ------------1---------------1 1---------------1 1---------------1 1---------------1 contxol: Stop Sign Stop Sign uncontlolled Uncontrolled Rights: Include Include Include Include Lanes, 0 0 0 0 0 0 0 11 0 0 0 1 0 0 0 0 0 0 1 0 ------------1---------------1 1---------------1 1---------------1 1---------------1 Volume Module: Base Vol: 0 0 0 2 0 52 25 186 0 0 360 4 Growth Adj: 1.001.00 1.00 1.001.00 1.00 1,001.00 1.00 1,001.00 1.00 Initial Bse: 0 0 0 2 0 52 25 186 0 0 360 4 User Adj. 1.00 1.00 1.00 1.00 1.00 1 00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Adj, 0.92 0.92 0.92 0.920.92 0.92 0.920.92 0,92 0.920.92 0.92 PHF Volume: 0 0 0 2 0 57 21 202 0 0 391 4 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Final Vol.: 0 0 0 2 0 57 27 202 0 0 391 4 ------------1---------------1 1---------------11---------------1 1---------------1 C:dtica1 Gap Module: Critical Gp:xxxxx xxxx xxxxx 6.4:xxxx 6.2 4.1 xxxx xxxxx xxxxx xxxx xxxxx FollOWUpTim:xxxxx xxxx xxxxx 3.5 xxxx 3.3 2.2 xxxx xxxxx.xxxxx xxxx xxxxx ------------1---------------1 1---------------1 1---------------1 1---00-----------1 Capacity Module: Cnflict Vol: xxxx. xxxx XXXXX 650 xxxx 393 396 xxxx xxxxx xxxx xxxx xxxxx. Potent Cap_: xxxx xxxx xxxxx 437 xxxx 660 1174 xxxx xxxxx xxxx:xxxx xxxxx Move Cap.: xxxx xxxx xxxxx 429 xxxx 660 1174 xxxx xxxxx xxxx xxxx xxxxx. Volume/Cap: xxxx xxxx xxxx 0~01 xxxx 0.09 0.02 xxxx xxxx Xxxx xxxx xxxx ------------1---------------1 1---------------1 1---------------1 1---------------1 Level Of Service Module: Queue: xxxxx xxxx xxxxx xxxxx xxxx xxxxx Stopped Del:xxxxx xxxx xxxxx xxxxx xxxx xxxxx LOS by Move: '* '* '* '* '* '* Movement: LT - LrR - RT LT - LTR - RT Shared Cap.: xxxx. xxxx xxxxx xxxx 64 7 xxxxx. SharedQueue:xxxxx xxxx xxxxx xxxxx 0.3 xxxxx Shrd StpDel:xxxxx xx:xx xxxxx xxxxx 11.1 xxxxx Shared LOS: '* '* '* '* B w ApproachDel: 11.1 ApproachLOS: '* B 0.1 xxxx xxxxx ~ xxxx xxxxx 8.1 xxxx xxxxx xxxxx xxxx xxxxx A '* '* '* '* '* .LT - LTR - RT LT - LTR - RT xxxx xxxx xxxxx xxxx xxxx xxxxx 0.1 xxxx xxxxx xxxxx xxxx xxxxx 8 . 1 xxxx xxxxx XXXXX XXXX XXXXX A . '*' . '* '* xxxxxx * * T%affix 7.7.1115 (c) 2004 Dowling Assoc.. Licensed to LLG, SAN DIEGO. CA Ex+CIlML - 11M Wed Nov 2, 2005 10:54:39 Page 1-1 - Level Of service Computation Report 2000 HCM onsignalized Method (Base Volume Alternative) ***********************************************.*************.*.**************** Intersection #7 De Portola Rd/pio pico Rd **.****************************************************************.****.******* Average Delay (sec/veh); l.0 Worst Case Level Of Service: B[ 10.3] .***.**************~*.*******..**....*.*******.**.**.****..****.**************** Approach: North Bound South Bound East Bound West Bound Movement: L T R L T R L T R L T R ------------1---------------1 1---------------11---------------11---------------1 control: Stop Sign Stop Sign Uncontrolled uncontrolled Rights: Inclucie; Include Include Include Lanes: 0 0 0 0 0 0 0 11 0 0 0 1 0 0 0 0 0 0 1 0 ------------1---------------1 1---------------1 1---------------1 1---------------1 Volume Module: Base Vol: 0 0 0 2 0 22 61 371 0 0 236 3 Growth Adj: 1.00 1.00 1,00 1,00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Initial Bse: 0 0 0 2 0 22 61 311 0 0 236 3 User Adj: 1,001.00 1.00 1.001.00 1,00 1.001,00 1.00 1.001.00 1.00 PlIF Adj: 0.92 0.92 0.92 0,92 0.92 0.92 0.92 0,.92 0.92 0.92 0.92 0.92 Pm Volume: 0 0 0 2 0 24 66 403 0 0 257 3 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Pinal Vol.: 0 0 0 2 0 24 66 403 0 0 257 3 ------------1---------------1 1---------------11---------------11---------------1 Critical Gap MOdule: Crt tica1 Gp;xxx;xx xxxx JOCOOt 6 _ 4 xxxx 6 . 2 4.1 xxxx XXXXJC xx:xxx xxxx xxxxx FoIIOWUpTim:xxxxx xxxx xxxxx 3 ~5 XXX]( 3.3 2.2 xxxx xxxxx xxxxx xxxx xxxxx ------------1---------------1 1---------------1 1---------------1 1---------------1 Capacity Module: cnfliot Vol: xxxx xxxx xxxxx 794 xxxx. 258 260 xxxx xxxxx xxxx. xxxx xxxxx Potent cap.: xxxx xxxx xxxxx 360 XXX]( 785 1316 xxxx xxxxx xxxx xxxx xxxxx Move Cap.: xxxx. xxxx xxxxx 345 xxxx 785 1316 xxxx xxxxx xxxx xxxx xxxxx vOlume/Cap: xxxx xxxx xxxx O.Ot xxxx 0.03 0.05 xxxx xxxx xxxx xxxx xxxx ------------1---------------1 1---------------1 1---------------1 1---------------, Level Of Service Module: Queue: :xxxxx xxxx xxxxx xxxxx xxxx xxxxx Stopped Del:xxxxx xxxx xxxxx xxxxx xxxx xxxxx LOS by Move: ... .. ... * * ... Movement: LT - LTR - RT LT - LTR - RT ShaJ:'ed Cap~: xxxx xxxx xxxxx xxxx 710 xxxxx xxxx SharedQueue: xxxxx xxxx xxxxx xxxxx 0 "1 xxxxx ShId StpDel:xxxxx xxxx xxxxx xxxxx 10.3 xxxxx Shared LOS: ... * * . B . .:..'i:"C'_......c.hDel: 10.3 J1pproachLOS: * B - 0_,2 xxxx xxxxx XXXXX xxxx xxxxx 7 ~ 9 xxxx xxxxx xxxxx xxxx. xxxxx A * * . ... . LT-LTR-RT LT-LTR-RT 0,2 7,9 A xxxx xxxxx xxxx xxxxx xxxx xxxxx xxxx xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx * * * * * .....~,....,... * * Traffix 7.7.1115 (0) 2004 Dowling Assoc.. Licensed to LLG, SAN DIEGO, CA -- . . . Rx+CUML+P - AM ~ue Nov 8, 2005 15:03:05 Page 1~1 --------.---.------------------------------------------------------------------- ------------------------------------------------------------------------------ Level Of Service Computation Repo~t 2000 HeM Unsignalized Method (Base Volume Alternative} ***************************************************************.*.*****.****..** Intetsection #7 De Portola Rd/pio pico Rd .*..*.*._.****.*...**.*.****.***...*..**._**..*****...**.**.***.*.****.*..*...** Avelage Delay (sec/veh): 3.5 Worst Case Level Of service: C[ 19.61 ***.*****...***.*.*****..********.***..***.**.*.**.*...*******...*.*....*.**..*- Apploach: NOI'th Bound South Bound East Bound West Bound Movement: L T R L I R L T R L 1 R ------------1---------------1 1---------------1,1---------------11---------------1 Control: Stop Sign Stop Sign Uncontrolled Uncontrolled Rights: Include Include Include Include Lanes: 0 0 0 0 0 0 0 11 0 0 0 ~ 0 0 0 0 0 0 1 0 ------------1---------------11---------------) 1---------------11---------------1 Volume Module: Base Vol. 0 0 0 98 0 S2 2S 282 0 0 394 38 Growth Adj, 1.00,1.00 1.00 1_00 1.00 1.00 1.00 1.00 1.00 1,00 1.00 1.00 Initial Bse. 0 0 0 98 0 S2 2S 282 0 0 394 38 User Adj, 1.00100 1.00 1,001.00 1.00 1001.00 1,00 1,001.00 1.00 PHF Adj. 092092 0.92 0,920,92 0.92 0,920.92 0,92 0,920.92 0.92 l?HF Volume: 0 Q 0 107 0 57 27 307 0 0 428 41 Reduct Vol, 0 0 0 0 0 0 0 0 0 0 0 0 Final Vol.; 0 0 0 107 0 57 27 307 0 0 428 41 ------------1---------------1 1---------------11---------------1 1---------------1 Cr~tical Gap Module: Critical Gp:X:XXXX xxxx xxxxx 6.4 xxxx 6.2 4_1 xxxx xxxxx xxxxx xxxx xxxxx FollowUplim:xx:xxx XJOOt xxxxx 3.5 xxxx 3.3 2.2 xxxx xxxxx. xxxxx xxxx xxxxx ------------1---------------1 1---------------1 1---------------1 1---------------1 Capacity Module: Cnf! ict Vol: .xxxx XXXJt xxxxx 810.xxxx 449 470 xxxx xxxxx :xxxx xxxx xxxxx Potent Cap.: xxxx xxxx xxxxx 352 xxxx 614 1103 xxxx xxxxx xxxx xxxx XXXXX Move Cap.: .xxxx xxxx xxxxx 345 xxxx 614 1103 xxxx xxxxx xxxx xxxx .xxxxx Volume/Cap: xxxx XXXJt XXXX 0.31 XXXJt 0.09 0.02 xxxx xxxx xxxx xxxx XXXX ------------1---------------11---------------,,---------------11---------------1 Level Of Service Module: Queue; .xxxxx xxxx XXXXX xxxxx. x;KJOt. xxxxx Stopped Del:xxxxx xxxx xxxxx xxxxx JOOOt xxxxx LOS by Move: '" .. '" * '" '" Movement, LT - L!R - RI LI - LIR - RT Shared Cap.: JtXXX xxxx. xxxxx xxxx 401 xxxxx SharedQueue: xxxxx xxxx xxx:xx xxxxx 1. 9 XXXXX Shrd StpDel,xxxxx XXXl< XXXXX XXXXX 19.6 xxxxx Shared LOS: .. '" .. .. C .. ApproachDel, ~_~~ 19.6 ApproachLOS,. C o . 1 XXXX XJCOOC XXXXX xxxx xxxxx 8 .3 xxxx xxxxx xxxxx xxxx xxxxx A '" '" '" '* '" LT - LTR - RT LI - LI'R - RT xxxx xxxx ~ xxxx xxxx xxxxx o 1 xxxx xxxxx x:xxxx XXJOt xxxxx 8 ~ 3 XXXJt xxxxx x:xxxx xxxx XXJOOt A It * *' .. ... xxxxxx . . Traffix 7.7.111.5 (c) 2004 Dowling Assoc. Licensed to LLG1 SAN DIBGO, CA. e Ex+CUML+P - PM rue Nov 8, 2005 15:02:38 page 1-1 Level Of Service Computation Report 2000 ROM unsignalized Method (Base Volume Alternative) ******************************************************************************** Intersection #7 De PO:t-tola Rd/pio Pice Rd ******************************************************************************** Average Delay (see/veh), 2.1 Worst Case Level Of Service, C [ 20 ,1] ******************************************************************************** Appx-oach: North Bound South Bound Bast Bounq West Bound Movement: L T R L T R L T R L I R ------------1---------------1 1---------------1 1---------------1 1---------------1 Control: Stop Sign Stop Sign UncontJ:olled Uncontrolled Rights: Include Include Include Include Lanes, 0 0 0 0 0 0 0 11 0 0 0 1 0 0 0 0 0 0 1 0 ---00000000-100000000-______11 00_000000____00 11___0000_00_____11_00000000_0000_1 Volume Module: Base Vol, 0 0 0 52 0 22 61 421 0 0 325 92 Growth Adj, 1.00 1.00 1,00 1 00 1 00 1.00 1.00 1_00 1.00 1.00 1_00 1.00 Initial Bse, 0 0 0 52 0 22 61 421 0 0 325 92 User Adj, 1.001.00 1.00 1,001.00 1,00 1.001,00 1.00 1.001.00 1_00 PHP Adj, 0.92 0,92 0.92 0.92 0.92 0,92 0.92 0,92 0.92 0.92 0.92 0_92 PHF Volume, 0 0 0 57 0 24 66 458 0 0 353 100 Reduce Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Final Vol., 0 '0 0 57 0 24 66 458 0 0 353 100 ____________1_______________11_______________11__00___________11_______________I Critical Gap Module: critical Gp:xxxxx. xxxx xxxxx 6.4 xxxx 6.2 4.1 xxxx xxxxx xxxxx xxxx xxxxx FollOWUpTim:xxxxx xxxx xxxxx 3 H 5 xxxx 3 H 3 2 H 2 xxxx .xxxxx x:xxxx xxxx xxxxx ____________1_____00________11 _______________11 __00_00________11__00_00________1 Capacity Module: cntlict Vol: xxxx. xxxx xxxxx 993 xxxx 403 453 xxxx xxxxx xxxx xxxx xxxxx Potent Cap.: xxxx xxxx xxxxx 274 xxxx 652 1119 xxxx.xxxxx xxxx xxxx xxxxx Move Cap.: xxxx. xxxx xxxxx 261 xxxx 652 1118 xxxx xxxxx xxxx xxxx xxxxx VOlume/Cap: xxxx xxxx xxx:x; 0.22 xxxx 0.04 0.06 XXX)( xxxx xxxx xxxx xxxx ____________1_______________11_______________11_______________11______n_______ I Level Of Service Module, Queue: xx:xxx xxxx xxxxx xxxxx xxxx xxxxx Stopped Del: xxxxx xxxx xxxxx xxxxx. xxxx xxxxx LOS by Move: * ... '* .. 11 '* Movement: LI - LIR - RI LI - LIR - RI Shazed Cap,: xxxx xxxx xxxxx xxxx 318 xxxxx SharedQueue : xxxxx xxxx xxxxx xxxxx 1. 0 xxxxx Shrd StpDel<xxxxx lOCCX xxxxx xxxxx 20.1 xxxxx Shared LOS: .. '* '* * C 11 ApproachDel ,xxxxxx 20 .1 ApproachLOS:" C - o . 2 xxxx xxxxx xxxxx xxxx xxxxx 8 . 4 xxxx xxxxx xxxxx xxxx xxxxx A * * ... ... ... LT - LTR - RT L1 - LrR - RT lOCCX xxxx xxxxx o H 2 xxxx xxxxx 9 . 4 xxxx xxxxx A . . lOCCX xxxx xxxxx xxxx xxxxx xxxx xxxxx xxxxx xxxxx . . . . . Tz'affix 7 H 7.1115 (e) 2004 Dowling Assoc. Licensed to LLG, SAN DIEGO, CA . i. . . , Responses to Comments on the Draft fiR The resulting analysis shows that the intersection of Pio Pico Road and De Portola Road is calculated to operate at LOS B under existing conditions and LOS C conditions under existing + cumulative + total project conditions. Since the project does not cause this intersection to operate at LOS E or LOS F, impact is less than significant, and no mitigation is required. The signage proposed in the comment as a potential mitigation measure is feasible, but bears no relationship to any identified significant impact associated with the project. No mitigation measure is required. Furthermore, since no new significant impact or mitigation measure has been identified, recirculation of the Draft EIR is not required. (CEQA Guidelines, Section 15088.5 [a][l]) Response 6-6 This comment restates helicopter noise issues, providing an introduction to comment 6-7. This comment does not address an environmental issue or raise any question regarding the analysis or conclusions in the EIR. No response is required. Response 6-7 This comment requests further analysis of potential helicopter operations and noise impacts associated with the hospital, and proposes a mitigation measure (construction of a block wall on the southern portion of the Stormons' property) as a means to minimize the ambient and interior noise levels caused by helicopter flights. As stated in the Draft EIR (page 4-58), the project applicant indicates that on average, about one helicopter flight per month will occur at the hospital. This assertion is based upon Universal Health Services' previous experience designing, building, and managing similar facilities. Therefore, the Draft EIR analyzes a single.event, worst-case, nighttime flight scenario under normal (non- emergency) operating conditions. Under these conditions, and pursuant to mitigation measure N-3, helicopter pilots responding to calls for patient transport shall be informed of a preferred approach and departure heading of 135 degrees southwest. As described on page 4-59 of the Draft EIR, the 60 dB contour associated with this worst-case scenario under normal operating conditions does not extend to nearby homes, so helicopter flights are not anticipated to increase ambient noise levels by 3 dB or more. Therefore, impacts associated with any single helicopter flight under normal operating conditions will not be significant, and no additional mitigation is required. The Draft EIR also considers that up to six helicopter flights per month may occur, pursuant to the Emergency Medical Services Landing Site permit to be obtained by the applicant from the California Department of Transportation, Division of Aeronautics, Furthermore, the Draft EIR notes on page 4- 59 that the preferred flight path might change for any given flight, depending upon weather conditions and wind speeds and direction. As noted on page 4-59 of the Draft EIR, the City of T emecula does not have any regulations applicable to point-source noise events, such as helicopter operations. Furthermore, it is conceivable that emergency conditions, such as the need to evacuate the hospital or respond to a mass casualty event, might necessitate several helicopters to be within the vicinity of the helipad at any given time. Operation of more than six helicopters per month is expressly permitted under these conditions by the Caltrans permit, as described in mitigation measure N-1, For these reasons, the Draft EIR states that with operation of up to six helicopters per month, nearby residents could experience short-term exterior and interior noise levels that could be considered annoying (page 4-59). The Draft ErR concludes that the potential annoyance to residents near the CITY OF TEMECULA ENVIRONMENTAL IMPAO REPORT TEMECULA REGIONAL HOSPITAL 9.49 Responses to Comments on the Draft ElR . hospital associated with up to six helicopter flights per month constitutes a significant impact. Due to the unpredictable nature of helicopter flights and uncertainty regarding the frequency of helicopter operations under normal and emergency conditions, the Draft EIR further concludes that the impact is significant and unavoidable after mitigation incorporation, and a Statement of Overriding Considerations is required. Given that the City has no regulations applicable to point source noise events, additional analysis requested by the commentor would not change the conclusions reached in the Draft EIR, as no exterior or interior dB(A) significance threshold applies for point source noise in the City of Temecula. Furthermore, additional study suggested by the commentor regarding the average number of helicopter flights at a similar facility would not address emergency conditions, which would certainly exceed average operating conditions. Therefore, no change in impacts would result. Increased noise levels would remain annoying to nearby property owners, and impact would remain significant and unavoidable. While feasible, the proposed mitigation measure bears no relationship to impacts identified for a single worst-case flight (as the noise contours extend to the southwest and the subject property is located to the northeast), and bears only a tangential relationship to identified significant impacts associated with operation of up to six flights per month. Lacking a point-source noise standard, it is not possible to determine if the proposed block wall would result in a less than significant impact, and the conclusions stated in the EIR remain unchanged. Furthermore, the noise consultant for the EIR has indicated that a block wall at the southerly end of the Stormon's property, approximately one thousand feet from the proposed helipad, would be ineffective at mitigating noise during take- off and landing maneuvers of helicopters. . Response 6-8 This comment notes that the City did not analyze the noise that could be generated by the maximum number of flights arriving at the hospital, and suggests that the Draft EIR be recirculated due to brief and conclusory treatment of helicopter noise impacts. As noted in Response 6-7, the City of Temecula has no regulations applicable to point-source noise events, such as helicopter flights. Furthermore, it is not possible to determine if proposed mitigation would result in a less than significant impact in the absence of exterior or interior dB(A) significance thresholds. Therefore, further study of helicopter flight operations and recirculation of the EIR would not result in any change to impact conclusions or mitigation within the EIR, or the need to adopt a Statement of Overriding Considerations. Response 6-9 This comment refers to portions of the Draft EIR addressing aesthetics impacts, asserts that the aesthetics analysis was dismissed because views are not protected, and opines that conclusions within the aesthetics section of the Draft EIR are not based on substantial evidence. Pages 4-5 through 4-13 of the Draft EIR present the analysis of visual character or quality impacts associated with the proposed hospital. Two photographic renderings were prepared, one illustrating views from a hillside to the north overlooking the project site (presented in the Draft EI R as Figures 4-2a and 4-2b), and a second illustrating conditions just north of the intersection of Pio Pico Road and De Portola Road (presented in the Draft EIR as Figures 4-3a and 4-3b). As noted on . ENV\RONMENTAlIMPALI REPORT TEMECULA REGIONAL HOSPlTAl CITY OF TEMECUlA - 9-50 I,. ~ j I i i I i I ! i i j . . Responses to Comments on the Draft ElR Page 4-5 of the Draft EIR, the project will be visible from various residential lots north of the project site. Furthermore, while the project can be seen from the north, views of Palomar Mountain from areas north of the project site will not be blocked. Furthermore, at the request of the Santiago Ranchos Property Association, balloons were elevated above the project site on Saturday, November 12, 2005 to provide residents information regarding the proposed height of the hospital towers. The renderings and use of balloons to indicate the proposed project's height are standard and accepted techniques used to analyze the view shed 'impacts of a project under CEQA. The analysis was not dismissed, The Draft EIR and subsequent activities requested by the public have adequately disclosed the potential view shed impacts of the project. The Draft EIR presents substantial evidence regarding the potential aesthetic impacts of the proposed project and describes how project features will reduce impacts (pages 4-5 and 4-12). However, because the City of Temecula Municipal Code does not contain any view protection regulations, no significant impact results. , Response 6-10 The comment asserts that mitigation measures A-I and A-3 defer mitigation of aesthetic impacts, Pursuant to mitigation measure A-I, the City has included the following condition of approval for the project: Final construction plans shall demonstrate that all exterior lighting shall comply with Mount Palomar Lighting Ordinance 655, be directed down and fully shielded. Lighting onto adjacent properties shall be limited to the greatest extent possible, Compliance with this standard project review requirement constitutes compliance with mitigation measure A-I and will ensure a less than significant impact. This information clarifies how the City will implement the mitigation measure (CEQA Guidelines Section 15088.5 [bl). No new measure is proposed; therefore, recirculation of the Draft EIR is not required. Pursuant to mitigation measure A-3, the City has included the following conditions of approval for the project: A combination of large (no less than 24-inch box) Afghan Pines and California Pepper trees (or other large screen trees) shall be provided along the northern perimeter of the project to screen off-site views of the development as approved by the Director of Planning, A landscaped berm shall be provided along the northern property lines adjacent to the residentially zoned lots and DePortola, with mature (24" and 36" box) screen trees to screen the view of the buildings and reduce the amount of glare from the project site, subject to approval by the Director of Planning. A cross section shall be provided on grading and landscape plans verifying the buffer area. Therefore, the amount and conditions under which additional landscaping is required on the northern boundary of the site have been defined. Compliance with these conditions of approval constitutes compliance with mitigation measure A-3, and will ensure a less than significant impact. This information clarifies how the City will implement the mitigation measure (CEQA Guidelines Section 1-5088.5 [bl). No new measure is proposed; therefore, recirculation of the Draft EIR is not required. CITY OF TEMECULA ENVIRONMENTAl IMPACT REPORT TEMECULA REGIONAL HOSPITAL 9-51 Responses to Comments on the Draft ElR Response 6-11 This comment reiterates the assertions in the comment letter that the Draft EIR fails to adequately analyze impacts relative to traffic, noise, and aesthetics; that the Stormons' suggested mitigation measures should be incorporated in the Draft EIR; and/or that the Draft EIR should be recirculated. Please refer to Responses 6-2 through 6-10 whi<;:h address these issues. ENVIRONMENTAlLMPACT REPORT TEMECULA REGIONAL HOSPITAl CITY OF TEMECUlA . 9-52 . . . ! i Ie . . ADAMS BROADWELL JOSEPH & CARDOZO DANIEL L CARDOZO RICHARD T. DRURY THOMAS A. ENSLOW TANYA A. GUlESSERIAN MARC D. JOSEPH OSHA R. MESERVE SUMA PEESAPATI GLORIA O. SMITH A PROFESSIONAL CORPORATION SACRAMENTO OFFICE ATTORNEYS AT LAW 601 GATEWAY BOULEVARD, SUITE 1000 SOUTH SAN FRANCISCO, CA 94080-7037 1225 8th STREET, SUITE 550 SACRAMENTO, CA 95814-4810 TEL: (916) 444-6201 FAX; (916) 444-6209 FELLOW KEVIN S. GOLDEN TEL: (650) 589-1660 FAX; (650) 589-5062 gsmith@adamsbroadwell.com OF COUNSEL THOMAS R. ADAMS ANN BROADWELL October 28, 2005 TRANSMITTED VIA EMAIL AND REGULAR MAIL Mr. Emery Papp Planning Department City of Temecula 43200 Business Park Drive Temecula CA 92589 Letter? Re: Comments on the Draft Environmental Imoact Reoort for the TelTl"wla R"cional Hosnital Dear Mr. Papp: On behalf of the California Nurses Association ("CNA"), this letter provides oreliminarv comments on the City of Temecula's focused environmental impact report ("focused EIR") for the Temecula Regional Hospital project ("Project). As explained below, the City of Temecula's ("City") focused EIR does not comply with 7-1 the requirements of the California Environmental Quality Act ("CEQA'').1 Accordingly, the City may not approve the Project or grant any permits for it until the City prepares and circulates a full EIR that addresses all of the environmental impacts associated with the proposed Project. The City's proposed Project is located within city limits on undeveloped land near south Highway 79 and Margarita Road. Temecula Creek runs approximately 1000 feet south of the project site. (Focused EIR, at p. 1-1.) The project site consists of 35.31 acres of vacant land on gently sloping terrain, with a high point between 7-2 two watersheds on the western side of the parcel. (ld., at p. 1-2.) The eastern boundary of the project contains dense riparian vegetation, presumably along Temecula Creek. 1 Public Resources Code ~~ 21000 et seq. 1818-003a Oprinted on rrx:ycJ&d paper October 28, 2005 Page 2 The proposed Project consists of a 566,160-square-foot medical facility that will include a two-tower hospital complex with approximately 320 beds. One tower will be six stories and the other five stories. The hospital will provide in-patient, out-patient and emergency services. The facility will also include a 10,000-square- foot cancer center in an adjacent one-story building, and an 8,000 square-foot fitness rehabilitation center. The Project also includes a 60-foot by 60-foot helipad and 1,278 parking spaces. (Id., at p. 1-3.) According to the focused EIR, the Project will have unavoidable and significant short term, long term and cumulative impacts to air quality. The Project will also have unavoidable and significant impacts concerning traffic and noise. The California Nurses Association is one of California's oldest nonprofit social welfare institutions. Founded in 1901, today CNA represents over 65,000 members in more than 165 facilities throughout the state. CNA has represented its members on nursing and public health issues before municipal, county, and state bodies for over 100 years. Over 100 members of the CNA provide professional care for patients in medical facilities in the vicinity of Riverside County and Temecula. CNA's comments are made in its representative capacity of over 100 CNA members and their families who currently reside in Riverside County, on behalf of its members and their families throughout California, and on behalf of health care consumers generally who are directly affected in their health and general welfare by the availability of, access to, and quality and safety of health care services. CNA members and their families have a direct and substantial interest in assuring that scarce health care resources are devoted to the provision of safe and quality care to all persons, and that new health care facilities are developed, constructed and operated in manner that will serve the public health priority of universal access and a single standard of safe and quality care. In addition, like the public at large, CNA members are concerned about sustainable land use and development in this county. Similarly, CNA members live in the communities that suffer the impacts of environmentally detrimental and poorly planned projects. Ill-conceived development, in turn, may jeopardize human health and safety. This is particularly true here given that underground hazardous waste occurs in close proximity to the proposed Project, and the fact that the City seeks to situate a hospital adjacent to an active earthquake fault zone. Likewise, environmentally detrimental projects may jeopardize future jobs by making it more difficult and more expensive for business and industry to expand in the region, and 1818--003a . 7-2 Cont. . 7-3 . I. , I ~ . . October 28, 2005 Page 3 by making it less desirable for businesses to locate and people to live here. CNA members breathe the same polluted air that others breathe and suffer the same health and safety impacts. The CNA therefore has a strong interest in enforcing environmental laws such as CEQA to protect its members. 7-3 Cont. We have prepared these comments with the assistance of three technical experts: Mr. Tom Brohard, Mr. Matt Hagemann, and Dr. Petra Pless. The comments of each of these experts along with their curriculum vitae are provided herein as Attachments 1, 2 and 3. Please note that these experts' comments supplement the issues addressed below, thus each expert's comments should be addressed and responded to separately. 7-4 I. INTRODUCTION CEQA has two basic purposes, neither of which the focused EIR satisfies. First, CEQA is designed to inform decision makers and the public about the potential, significant environmental effects of a project. (14 Cal. Code Regs. ("CEQA Guidelines") ~ 15002(a)(I).) The EIR is the "heart" of this requirement. (No Oil, Inc. v. City of Los Angeles (1974) 13 Cal.3d 68, 84.) The EIR has been described as "an environmental 'alarm bell' whose purpose it is to alert the public and its responsible officials to environmental changes before they have reached ecological points of no return." (County of Inyo v. Yorty (1973) 32 Cal.App.3d 795.) 7-5 Second, CEQA directs public agencies to avoid or reduce environmental damage when possible by requiring alternatives or mitigation measures. (CEQA Guidelines ~ 15002(a)(2) and (3). See also Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 564; Laurel Heights Improvement Ass'n v. Regents of the University of California (1988) 47 Cal.3d 376, 400.) The City failed to satisfy these purposes by not issuing a full EIR but instead circulated a focused EIR addressing only a small portion of the actual impacts associated with the Project. In fact, a focused EIR, by design, is a final-stage tiering document, but the City has not conducting any tiering for this Project. In addition, the City has not complied with CEQA by: failing to provide sufficient information to conduct project-level environmental review of the Project; failing to accurately describe the environmental setting and establish an accurate baseline necessary for an accurate evaluation of environmental impacts; failing to disclose all potentially significant environmental impacts; failing to describe inconsistencies with the applicable general plan and zoning ordinance policies and regulations; failing to 1818.003a 7-6 October 28, 2005 Page 4 provide adequate mitigation measures to avoid impacts; and failing to analyze cumulative impacts. Based on the foregoing, the focused Em fails to inform the public or decision makers about the Project's significant impacts, and fails to avoid or reduce environmental damage when possible by requiring alternatives or mitigation measures. The City must correct these shortcomings and recirculate a full EIR for public review and comment. II. THE CITY VIOLATED CEQA'S STATUTORY PUBLIC REVIEW PERIOD As a preliminary matter, the CNA hereby reserve its right to file supplemental comments at a later date because the City illegally curtailed its Project's public review period from the statutorily required 45 days to 30 days. Specifically, CEQA expressly provides the public with a 45-day review and comment period for all draft environmental impact reports submitted to the State Clearinghouse (No. 2005031017). (CEQA, section 21091.) Here the City impermissibly curtailed the review time by a full two weeks, which precluded the CNA from providing full and complete comments on the Project. It appears that, coincident to the City submitting its focused Em to the State Clearinghouse, the City also requested a shortened public review period.2 (Focused Em, at p. 2-3.) The State Clearinghouse website indicates that it granted the City's improper request for shortened time, but does not state the date or justification of the State's decision. (www.ceoanet.ca.!!ov) Appendix K of the CEQA Guideline describes exceptional and very limited circumstances under which a lead agency may curtail the public's review period, and it is clear that the City's focused EIR meets none of the below criteria: Under exceptional circumstances, and when requested in writing by the lead agency, the State Clearinghouse in the Office of Planning and Research (OPR) may shorten the usual review periods for proposed negative declarations, mitigated negative declarations and draft EIRs submitted to the Clearinghouse. A request must be made by the decision-making body of the 2 Note, that the focused EIR simply declares that the City intended to apply for a curtailed review period, omitting any justification or indication of fmal resolution of this issue. (Focused EIR, at p. 2- 1.) 1818-003a . 7-6 ConI. . 7-7 . i I I 'I. . I. October 28, 2005 Page 5 lead agency, or'by a properly authorized representative of the decision-making body. A shortened review period may be granted when any of the following circumstances exist: (1) The lead agency is operating under an extension of the one-year period for completion of an EIR and would not otherwise be able to complete the EIR within the extended period. (2) The public project applicant is under severe time constraints with regard to obtaining financing or exercising options which cannot be met without shortening the review period. (3) The document is a supplement to a draft EIR or proposed negative declaration or mitigated negative declaration previously submitted to the State Clearinghouse. (4) The health and safety of the community would be at risk unless the project is approved expeditiously. 7-7 Cant. (5) The document is a revised draft EIR, or proposed negative declaration or mitigated negative declaration, where changes in the document are primarily the result of comments from agencies and the public. Shortened review cannot be provided to a draft EIR or proposed negative declaration or mitigated negative declaration which has already begun the usual review process. Prior to requesting shortened review, the lead agency should have already issued a notice of preparation and received comments from applicable State agencies, in the case of an EIR, or consulted with applicable State agencies, in the case of a proposed negative declaration or mitigated negative declaration. (CEQA Guidelines, Appendix K) According to State Clearinghouse senior planner, Scott Morgan, the City relied on section (5), above (Telephone communication, Oct. 24, 2005). However, that provision only allows shortened time when the lead agency has circulated a revised DEIR, a proposed negative declaration or a mitigated negative declaration, 1818-003a October 28, 2005 Page 6 none of which applies here. Instead, the City issued a focused EIR, and circulated it for the first time on September 28, 2005. Thus, Appendix K's section 5 is inapplicable, as are all of the other limited exceptions to CEQA's 45-day rule. Therefore, the City submitted a wrongful request which the State granted, likely assuming the City's request had been made on valid grounds. In any case, the City's dubious actions have curtailed the public's and decision makers' review of its CEQA document by a full two weeks. Because the CNA was illegally denied the full statutory period to review and comment upon the City's focused EIR, the CNA hereby reserves the right to supplement these preliminary comments at a later date. III. THE DEIR FAILS TO ACCURATELY DESCRIBE THE PROJECT An accurate, stable and finite project description is the sine qua non of an informative and legally adequate EIR. (County of Inyo v. City of Los Angeles (1977) 71 Cal.App.3d 185, 192.) Without it, CEQA's objective of fostering public disclosure and informed environmental decision-making is stymied. As one analyst has noted; The adequacy of an EIR's project description is closely linked to the adequacy of the EIR's analysis of the project's environmental effects. If the description is inadequate because it fails to discuss the complete project, the environmental analysis will probably reflect the same mistake. (Kostka and Zischke, "Practice Under the California Environmental Quality Act," p. 474 (8/99 update).) The project description must be accurate and consistent throughout an EIR. (County of Inyo, 71 Cal.App.3d at 192.) It is impossible for the public to make informed comments on a project of unknown or ever-changing proportions. "A curtailed or distorted project description may stultify the objectives of the reporting process. Only through an accurate view of the project may affected outsiders and public decision-makers balance the proposal's benefit against its environmental costs. . .." (County of Inyo, 71 Cal.App.3d at 192-193.) In County of Inyo, the lead agency first defined the project to include only the extraction of groundwater from Owens Valley for export and use on city-owned land in Inyo and Mono Counties. Then, the project was defined as "one part of the larger operation of the Los Angeles Aqueduct System." And in yet another part of the document, the project included the entire Los Angeles Aqueduct System. (Id. at 190.) The Court found the inconsistent project descriptions to be harmful because "the inconsistency confused 1818-003. . 7-7 Cont. 7-8 e 7-9 . , i I I. , . i I I ! I. October 28, 2005 Page 7 the public and commenting agencies, thus vitiating the usefulness of the process". . . "as a vehicle for intelligent public participation. . . . Acurtailed, enigmatic or unstable project description draws a red herring across the path of public input." (ld. at 197-198.) A project is "the whole of an action, which has a potential for resulting in a physical change in the environment, directly or ultimately"...including "the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies." (CEQA Guidelines ~ 15378(a), (c); see McQueen v. Board of Directors (1988) 202 Cal.App.3d 1136, 1143.) In McQueen, the plaintiff challenged the approval of a project that was improperly described in a CEQA exemption as simply acquiring surplus federal property for public open space. (202 Cal.App.3d at pp. 1140, 1144.) The court concluded that this description impermissibly "divided the project into segments which evade CEQA review" because the public entity had plans for the interim use and management of this property that contained polychlorinated biphenyls. (Id. at pp. 1144-1146.) An accurate description of the property also demonstrated the project was not exempt from CEQA review. (Id. at p. 1149.) 7-9 ConI. As discussed below, the focused EIR fails to describe the Project and its environmental setting accurately and completely. It omits key project features that have the potential to result in significant impacts. As a result, potentially significant environmental impacts were not adequately analyzed or addressed by the focused EIR. Therefore, the focused EIR is fatally deficient under CEQA. A. The Focused EIR Failed To Accurately Describe The Project Construction Schedule And Equipment The focused EIR fails to include a detailed construction schedule with the list of equipment that will be used, the horsepower of each piece of equipment, the hours of operation, the type of fuel used. the length and timing of the individual construction phases, and so forth. Further, the focused EIR contains no information 7-10 regarding the expected timing of completion of each of the major project phases as well as the buildout horizon for the entire Project. This information is typically provided in an EIR, but was not. Without this information, emissions resulting from construction cannot be accurately estimated. As discussed below, the focused EIR uses mostly default assumptions to model construction emissions, which may considerably underestimate emissions. 1818-003a October 28, 2005 Page 8 1. The Focused EIR Contains No Grading Plan Or Cut-And- Fill Analysis The Initial Study for the Project finds no significant impacts with respect to geology and soils, relying on a perfunctory geotechnical investigation conducted for the Project. The Initial Study fails to include this study for public review. According to the Initial Study, the geotechnical investigation recommends over- excavation up to 24 inches below existing grade and recompaction for support of building slabs and pavement. (Appx. A, NOP/Initial Study, p. 16 through 18.) Yet, neither the focused EIR nor the Initial Study contains a grading plan or any other information regarding the amount of cut and fill necessary for development of the site or the projected amount and location of spoils, if any. Review of the focused Em's emissions modeling suggests that only some minor amount of material will have to be imlexported.3 This suggests that the focused EIR largely relies on balancing the amount of cut and fill of native soil on site with no additional import of fill material or export of excess cut material. Yet neither the Initial Study nor the focused EIR contains any information demonstrating that cut and fIll can, in fact, be balanced on site. This information is typically derived from a grading plan, which would ordinarily be provided in an Em, but was not. If cut and fill cannot be balanced on site, material would have to be imported or exported, which causes additional emissions. 2. The Focused DEIR Failed To Adequately Describe Mechanical Equipment The Project requires a variety of mechanical equipment, including heating and air conditioning equipment, emergency generators, boilers, and so forth. None of this equipment is described with any detail in the focused Em. The focused Em provides only the following vague statement; "A truck loading area and facilities plant will be located at the eastern edge of the hospital, south of the helipad. This area provides infrastructure needed to support the hospital, such as a loading dock, cooling tower, generators, transformers, a fuel tank, and a bulk oxygen storage area." (Focused Em, p. 3-4.) Review of the Project site plan indicates three cooling towers, two emergency generators, two transformers, and a fuel tank located in the 3 URBEMIS2002 modeling assumes 18 vehicle miles traveied (''VMT') for on-road truck travel during the grading phase, suggesting a minimal imlexport of materials, approximately 2500 cubic yards based on the program's default values. This small amount of material is most likely export of existing pavements, utilities and other deleterious material that has to be removed from the site. 1818-003a . 7-11 e 7-12 . I. I . ,e October 28, 2005 Page 9 mechanical yard. (Focused EIR, p. 3-5, Figure 3-2.) The focused EIR's noise impact analysis further indicates that the mechanical equipment room, which is proposed to be located inside the Phase IB hospital building, adjacent to the mechanical yard, will contain pumps, chillers and boilers. Air conditioning and refrigeration units and their associated inlet and outlet exhaust systems will be located on the hospital's rooftop. (Focused EIR, p. 4-63.) This limited information, scattered over several chapters of the focused EIR, is entirely inadequate to determine emissions and resulting environmental impacts from operation of the mechanical equipment. A complete and accurate project description must include the fuel, fIring rate, and number of boilers; the capacity for the two emergency generators; the type and effIciency of the proposed pollution control equipment; the circulating water flow and total dissolved solids (''TDS'') content of the cooling water; the drift rate of the cooling towers; and the information required to model these sources, e.g., stack location, height, diameter, exhaust gas flow rate, temperature, and so forth. Without knowledge of these characteristics, it is impossible to determine emissions from this equipment and, in fact, they were not included in the operational emissions estimates for the Project. 7-12 Cont. Because the City failed to include an adequate project description in its focused EIR, CEQA requires that it complete and recirculate a full EIR that fully complies with long-established caselaw on this issue. IV. THE FOCUSED EIR LACKS SUFFICIENT DETAIL TO ANALYZE THE PROJECT'S IMPACTS Rather than issue a full EIR, the City circulated an incomplete CEQA document it deemed a "focused EIR." Irrespective of its title, the EIR fails to meet CEQA requirements because the document only addresses a fraction of the true environmental impacts associated with the proposed Project. There is no dispute that CEQA allows agencies to prepare different types of EIRs. Indeed, the different types of documents serve to promote effIciency and avoid redundancy in the planning process while still providing the public with full disclosure of the environmental impacts of a proposed project. The permitted CEQA documents include; project EIRs; EIRs as part of general plans; master EIRs; program EIRs; staged EIRs; focused EIRs; subsequent EIRs; and supplemental EIRs. Most of these EIRs, including a focused EIR, are associated with a process known as "tiering" by which an agency prepares a series of EIRs or negative declarations, typically moving from general, regional concerns to more site-specific considerations 1818-003a 7-13 e October 28, 2005 Page 10 with the preparation of each new document. (CEQA sections 21068.5, 21093, 21094; CEQA Guidelines sections 15152, 15385.) However, as shown below, the City has 7-13 not engaged in any early planning or tiering which would allow it to issue anything Cont. but a full EIR. A. The City Must Prepare A Full EIR The most common type of EIR examines the environmental impacts of a specific development project. Such project EIRs address all of the changes in the environment that would result from the development project. Project EIRs must examine all phases of the project including planning, construction, and operation. (CEQA Guidelines section 15161.) Project EIRs mayor may not be part of a tiering process because they operate as stand alone documents containing all of the necessary components of a valid CEQA document. On the other hand, a focused EIR is only appropriate where an agency has prepared a master EIR ("MEIR") for a broadly defined planning program. (Remy, Thomas et aI., Guide to the California Environmental Quality Act (CEQA) (10th ed. 1999), p. 275.) In such cases, a focused EIR may be appropriate for subsequent individual projects expressly contemplated in the MEIR. (Id.) This allows the lead agency to dispense with analyses already addressed in the MEIR. (CEQA, sections 21157 et seq.; CEQA Guidelines, section 15157.) However, importantly, a focused EIR must incorporate by reference the MEIR on which the lead agency is relying. (CEQA, sections 21158.) . 7-14 Here, the City circulated a final-stage tiering document, despite its n()t providing any indication of prior tiering associated with the proposed Project. As a result, the City's focused EIR is incomplete and omits important impact analyses that would normally be discussed in a prior finalized document, and then incorporated by reference into the focused EIR. Specifically the focused EIR failed to include analyses for; agricultural resources, biological resources, cultural resources, geology and soil, hazardous materials, mineral resources, population and housing, public services, recreation, and utilities and service systems. As shown below, the City's preparation of a focused EIR for the proposed Project does not comply with CEQA's legal requirements because a factual analysis of the Project shows that the City failed to include significant environmental impacts in its CEQA document. In sum, given the procedural and factual background of the City's Project, it is clear that the City was required to prepare a full project EIR since the Project is 1818.003. e :. . I I i I . October 28, 2005 Page 11 not part of a larger CEQA planning process. By this measure alone, it is clear the City acted improperly by preparing a focused EIR which omits essential impact analyses for ten CEQA factors without incorporating by reference from an earlier CEQA document. The City must prepare and circulate for public review a full EIR that includes analyses for all ofthe required topics. 7-14 Cont. B. The Fair Argument Standard Requires The City To Prepare A Full EIR Here, the "fair argument" standard determines whether the City is required to prepare either a full EIR or a focused Em. (Remy Thomas, at p. 506.) This standard obtains because CEQA requires the preparation of an EIR whenever it can be fairly argued on the basis of substantial evidence that a project may have a significant environmental impact. If an agency is presented with such evidence, it cannot rely on contrary evidence as a basis for choosing not to prepare an Em. (Sierra Club v. County of Sonoma (1992) 6 Cal.AppAth 1307, 1316-17.) In this case, the City prepared only a partial EIR addressing only a fraction of the significant impacts associated with the proposed Project. Thus the fair argument standard applies to those resource areas the City omitted from its CEQA analysis. 7-15 More specifically, a full Em is required (as opposed to a negative declaration or focused EIR) whenever substantial evidence in the record supports a fair. argument that significant impacts may occur. Even if other substantial evidence supports the opposite conclusion, the agency nevertheless must prepare a full Em. (No Oil, Inc. v. City of Lost Angeles (1974) 13 Ca.3d 68, 75.) The fair argument standard creates a low threshold for requiring preparation of an EIR. (Citizens Action to Serve All Students v. Thornley (1990) 222 Cal.App.3d 748, 754.) This standard is founded upon the principle that, because adopting a negative declaration has a terminal effect on the environmental review process, an EIR is necessary to resolve "uncertainty created by conflicting assertions," and to "substitute some degree of factual certainty for tentative opinion and speculation." (No Oil, Inc. 13 Ca1.3d at p. 85.) This analysis is fully applicable here because, by choosing to ignore ten of the sixteen environmental factors in the NOP's Environmental Checklist, the City has precluded all review of these issues, resulting in the same outcome as if the City had simply issued a negative declaration for these issues. It is clear from the City's environmental documents that the Project will have a significant effect on the environment in resource areas the City refused to analyze. For example, the City's 1818-003a 7-16 . October 28, 2005 Page 12 focused EIR omitted significant analyses covering the existence of hazardous leaking underground storage tanks within 250 feet of the Project. Therefore, applying the fair argument standard, there is substantial evidence that the City 7-16 should have prepared a full Em addressing all of the environmental factors Cont. enumerated in the NOP's Environmental Checklist. V. THE FOCUSED EIR FAILS TO DISCLOSE OR ANALYZE ALL POTENTIALLY SIGNIFICANT IMPACTS Even if using a focused Em were appropriate in this instance, which it is not, the document itself is defective and must be revised and recirculated. Under CEQA, an Em must disclose' all of a project's potentially significant adverse environmental impacts. (CEQA section 21100(b)(1).) The City's focused Em patently fails to do so. First, the focused EIR contains only cursory analyses of impacts associated with aesthetic resources, air quality, hydrology and groundwater, land use and planning, noise and transportation. Second, the focused EIR failed to include any analyses whatsoever for; agricultural resources, biological resources, cultural resources, geology and soil, hazardous materials, mineral resources, population and housing, public services, recreation, and utilities and service systems. For nearly all of these issues, the record is incomplete because the City failed to identify significant impacts associated with these resource areas. The most glaring deficiencies are as follows: 7-17 e A. The Focused EIR Fails To Identify Hazardous Waste Sites Since 2001, Riverside County and the City of Temecula have known that the Project site and local groundwater is contaminated by hazardous waste due to leaking underground fuel tanks (''LUFTs''). Yet, the City's focused Em fails to reveal this information, claiming instead tha~ there would be no impacts or less than significant impacts associated with the proposed Project for geology, soils and 7-18 hazardous waste issues. (Focused EIR, at p. 1-8) But, in reality, the proposed Project is within 250 feet of two gas stations where leaking underground fuel tanks have been the subject of ongoing assessment and cleanup activities. First, there is a Chevron station located at 31669 Hwy. 79 which has been listed as an 'open fIle' according to the California EP A "Geotracker" 1818-003a . I. I , October 28, 2005 Page 13 web site.4 This web site specifies that the site's groundwater is contaminated with gasoline-related hazardous materials, including methyl tert-butyl ether (MTBE), tert-buytl alcohol (TBA) and toluene. There is no evidence that remediation at this site is close to complete. Nor is there any indication of the size and movement of the existing contaminant plume. Second, there is an ARCO gas station at 44239 Margarita Road that is listed at the Geotracker web site as undergoing assessment and cleanup activities. Here, as at the Chevron station, there is no evidence that remediation is close to complete.5 Also, as with the Chevron station, contaminants in groundwater include gasoline-related compounds. Currently, there is no indication of the size and movement of the existing contaminant plume. 7-18 Cont. Significantly, the City is well aware that these facilities pose serious health risks to workers and patients at the proposed medical facility because the gas stations are included in the City's General Plan as "open fuel leak cases" and . specifies; "any new development that involves contaminated property will necessitate the clean up and/or remediation of the property in accordance with applicable federal, State, and local requirements and regulations. No construction will be permitted to occur at such locations until a no further action or similar 7-19 determination is issued by the City's Fire Department, Department of Toxic Substances Control, Regional Water Quality Control Board, and/or other responsible agency."6 Despite this clear directive, the City is proposing to locate the Project, a hospital containing a cancer center, in-patient, out-patient, emergency services and a rehabilitation center, adjacent to two hazardous waste sites that are listed as open and are actively undergoing assessment and cleanup for hazardous materials. Inexplicably, the focused EIR completely omits any discussion of these hazardous waste sites and the status of their cleanup. I I 'lhtto://"eotracker.swrcb.ca."ov/reoortsnuft,aso ?"lobal id=T0606599286&assi"ned name=MAINSIT E). 5(httn://lleotracker .swrch.CB.Q'Ov/renortRlluft.aSD ?1l1obal id=T0606599255&assillned name=MAINSIT E). 6htto://www,citvoftemecula.or,,/citvhalllCommDev DivisionlPlannin,,/e:ouodate/Final%20EIR/5 7%20 Hazards%20and%20Hazardous%20Materials. ndf 1818-003a I. . October 28, 2005 Page 14 Similarly, the focused EIR does not address the issue of hazardous waste exposure to hospital patients and employees through groundwater contamination. Instead, the City asserts that no mitigation measures are required with respect to these issues. (Focused EIR, at p. 4-35) This, despite the fact that the City acknowledges it intends to rely on groundwater on an as needed basis, "if surface waters are reduced." (Focused EIR, at p. 4-35). Groundwater is less than 25 feet below the ground surface at the Project location, and exposure to the gasoline-related compounds via the water or vapor pathways is possible during construction and within hospital buildings post- construction. Therefore, the City must prepare a full EIR to identify potentially significant impacts of contaminant exposure to construction workers, the hospital staff and patients as a result of these contaminants. Any pathways of exposure that would result in risk to human health must be mitigated prior to construction. 7-20 B. The Focused EIR Fails To Identify the Location of An Active Earthquake Fault Zone Near the Project . The City failed to disclose and discuss in its focused EIR the fact that the Project would be located within 2500 feet of an active earthquake fault zone known as the Elsinore Fault. This particular fault has generated a magnitude 7.0 earthquake along its southern segment in the late 1800s. The fault zone is recognized in the Temecula General Plan and designated an Alquist-Priolo Earthquake Fault Zone. This designation, pursuant to California's Alquist-Priolo Earthquake Fault Zoning Act (Alquist-Priolo Act), limits the types of construction and other activities that can occur within the Elsinore Fault Zone to prevent damage associated with ground surface rupture. (See Pub. Res. Code section 2621 7-21 et. seq.) Significantly. the purpose of the Alquist-Priolo Act is to prohibit the location of developments, such as hospitals, across the traces of active faults. (Pub. Res. Code sections 2621.5, 2621.6) The Act prohibits the City from approving the proposed Project without completing "a geologic report defining and delineating any hazard of surface fault rupture." (Pub. Res. Code section 2623(a)) Moreover, Project approval must be in accordance with the policies and criteria established by the State Mining and Geology Board and the findings of the State Geologist. (Id.) There is no evidence in the focused EIR that the City has conducted such a report in consultation with the State. 1818-003a e . . , I. October 28, 2005 Page 15 Additionally, the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 (Hospital Seismic Safety Act) provides further requirements to ensure the safety of medical facilities sited in earthquake prone areas. (Health and Safety Code Section 129675 et. seq.) The Legislature passed the Hospital Seismic Safety Act to require that "hospital buildings. . . shall be designed and constructed to resist, insofar as practical, the forces generated by earthquakes." (Health and Safety ~ 129680(a).) To accomplish this goal, the Hospital Seismic Safety Act requires approval of all projects by the Office of Statewide Health and Planning and Development ("Office"). (Health and Safety ~ 129770(a).) Approval by the Office must include an independent review of geological data by an engineering geologist and independent review of the structural design data by a structural engineer. (Id.) In addition to independent review by the Office, the Hospital Seismic Safety Act requires that plans for hospital construction include "an assessment of the nature of the site and potential earthquake damage, based upon geologic and engineering investigations and reports by competent personnel of the causes of earthquake damage." (Id.) Prior to construction of any hospital building, discretionary plan approval by the Office is required. (Health and Safety Code ~ 129810.) Clearly, the City has not complied with the Hospital Seismic Safety Act since there is no evidence in the focused EIR that the City has obtained an approved assessment from the Office of Statewide Health and Planning and Development. 7-22 The City must prepare a full EIR that includes a geologic report consistent with the State Board for Geology and Mining, and must obtain approval by the Office of Statewide Health and Planning and Development. In addition, a full EIR must include measures to mitigate safety impacts as a result of the Project's proximity to this particular fault zone. Finally, in accordance with the City's 7-23 General Plan, the full EIR must include a complete geologic investigation by a State-licensed engineering geologist to ensure that the project will not be constructed across any traces of the Elsinore Fault. If an active trace fault is found, a hospital cannot be placed over the trace ofthe fault, but instead must be set back from the fault in accordance with the California Public Resources Code. C. The EIR Fails to Identify the Location of the Project in a Liquefaction Hazard Zone Finally, and in connection with seismic impacts the City failed to disclose in its focused EIR, the Project area is also especially prone to liquefaction in the event of an earthquake. According to the Temecula General Plan, and as shown in the following figure, the area underlying the proposed Project has been mapped as a 1818-003a 7-24 October 28, 2005 Page 16 "liquefaction hazard zone."7 As mentioned above, a geologic report in consultation with the State Mining and Geology Board and incorporating its policies and criteria, would likely remedy the focused EIR's deficiencies with respect to the issue of liquefaction. 7IhttD://WWW _citvoftemecula,or,,/citvhalIlCommDev DivisionIPlannin,,/rouDdate/Final%20EIRJ5 6%20 Geolo!!V%20and%20Soils, Ddf, p. 5.6-4). ISI8-Q03a e 7-24 Cont. . e i :. '; . . October 28, 2005 Page 17 F~I.-e fi.li.1 Sltbttlh:~I\l", lc0Cil'!4 I~I ~~"aillnJWII!II _,..."W'f"".,.......a."....'" _._ r~~"J'riJry ~r/lMltllrflQV"~trmI! _KIMKl9~~1l:f =J.r~jtll~~ 7-24 Cont. '\ IJ , '''' H -j c Nevertheless, because the City failed to comply with State law, and completely omitted a geologic report and omitted the actual topic of geology and soils from its CEQA analysis, the public and decision makers are denied the 181&-003a October 28, 2005 Page 18 opportunity to review this critical issue. An adequate EIR containing a geologic report, specifically identifying the Project as within a liquefaction zone, is required to analyze the issue of liquefaction and to identify specific ways in which these conditions can be mitigated. D. The Focused EIR Fails to Identify Particulate Matter Ambient Air Quality Standards Particulate matter is emitted from two sources, engine exhaust and fugitive dust. The health impacts of particulate matter depend on its size, and the size depends on its source. Combustion sources, such as vehicle exhaust, predominantly emit particulate matter with an aerodynamic diameter of less than or equal to 2.5 micrometers ("PM2.5"), while fugitive dust consists predominantly of particulate matter less than 10 micrometers ("PM10"). Historically, health impacts due to particulate matter were regulated through ambient air quality standards for PM10. However, a substantial amount of important new research has been published, documenting new health impacts at much lower concentrations and for different size fractions of particulate matter than was previously known and reflected in ambient air quality standards. (U.S. EPA 04/96;8 U.S. EPA 03/01.9) This new research documents that the inhalation of particulate matter, particularly the smallest particles, causes a variety of health effects, including premature mortality, aggravation ofrespiratory (e.g., cough, shortness of breath, wheezing, bronchitis, asthma attacks) and cardiovascular disease, declines in lung function, changes to lung tissues and structure, altered respiratory defense mechanisms, and cancer, among others. (U.S. EPA 04/96; 61 FR 65638.10) A recent article linked long-term exposure to combustion-related fine particulate air 8 U.S. Environmental Protection Agency, Air Quality Criteria for Particulate Matter. Report EPA/6001P-95-001aF through 001cF. April 1996. 9 U.S. Environmental Protection Agency. Air Quality Criteria for Particulate Matter, Second External Review Draft, March 2001. 10 National Ambient Air Quality Standards for Particulate Matter: Proposed Decision, Federal Register. v. 61, no. 241. December 13, 1996, pp. 65638-65675. 181S-003a . 7-24 Cant. 7-25 . . I I. I . I I , , : I I. October 28, 2005 Page 19 pollution to cardiopulmonary and lung cancer mortality.ll Particulate matter is a non-threshold pollutant, which means that there is some possibility of an adverse health impact at any concentration. (See American Trucking v. EPA: Unjustified Revival of the Nondelegation Doctrine, 23-SPG Environs Envtl. L & Pol'y J. 17, 26.) This new information led the U.S. Environmental Protection Agency ("U.S. EP A") and the State of California to propose new ambient air quality standards for PM2.5. These standards are not subsets ofthe old PMI0 standards, but new standards for a separate pollutant with distinguishable impacts. The new annual PM2.5 standard of 12 Ilg/m3 was adopted by the California Air Resources Board ("CARB") on June 20, 2002 and became effective on June 5, 2003, more than two years before the focused Em was published. (Voting on the proposed 24-hour- average PM2.5 standard of 25 Ilg/m3 has been deferred by CARB.l2) At the same time, California lowered its annual PMI0 standard from 30 Ilg/m2 to 20 Ilg/m3. (CARB 09/0513.) The focused Em also failed to acknowledge this new, lower standard for PMlO. (Focused EIR, at Table 4-1.) Consequently, the focused Em failed to accurately characterize the regulatory setting for the Project. 7-25 Cont. E. The Focused EIR Fails To Analyze PM2.5 Emissions The focused Em does not include an analysis of the Project's impacts on ambient air quality resulting from PM2.5 emissions. This is a significant and inexcusable omission because the South Coast Air Basin ("So CAB"), where the 7-26 Project is located, frequently does not meet the federal or State ambient air quality standards for PM2.5. The focused EIR should be revised to include an analysis of PM2,5 emissions from Project construction and operation and resulting impacts on air quality and human health. 11 A.A. Pope et aI., Lung Cancer, Cardiopulmonary Mortality, and Long-term Exposure to Fine Particulate Air Pollution, Journal of the American Medical Association, v. 287, no. 9, pp. 1132.1141. 12 California Air Resources Board (CARB) and Office of Environmental Health Hazard Assessment (OEHHA), Draft Proposal to Establish a 24-hour Standard for PM2.5, Public Review Draft, March 12, 2002. 13 California Air Resources Board, Review of the Ambient Air Quality Standards for Particulate Matter and Sulfates, httn~lIwww.arb.ca.p.nv/researchJaa(ls1strl-l.!=:/std-rs.htm. accessed October 26, 2005. 1818-003a e October 28, 2005 Page 20 F. The Focused EIR Failed To Include A Health Risk Assessment The focused EIR identifies several sensitive receptors in the vicinity of the Project, including residential developments surrounding the site; nine primary schools, two middle schools, and three high schools within two miles of the Project site; and two parks within two miles of the Project site. (Focused EIR, at p.4-21.) Yet the focused EIR contains no health risk assessment analyzing the potential 7-27 health risks for these sensitive receptors resulting from Project construction or operational emissions. Potentially adverse health impacts likely result from toxic air contaminant emissions, including PM2.5, from diesel combustion engines such as emissions from operation of the emergency generators and the diesel trucks that access the loading dock. The focused EIR should be revised to include a health risk assessment. G. The Focused EIR Underestimated Construction Emissions According to the focused EIR, significant impacts will continue after its implementation of proposed mitigation measures for ROG and NOx. As discussed below, the focused EIR's air quality analysis considerably underestimates emissions from construction activities and thereby fails to adequately disclose impacts on air quality from Project construction. If these problems are corrected, emissions of CO and PMIO will likely also exceed applicable significance thresholds. 7-28 . H. The Focused EIR Employed An Incorrect Construction Period For Emissions Estimates 7-29 The focused EIR indicates that construction of the Project will occur in five phases as summarized in the Table 1. (Focused EIR, at pp. 3-7 and 3-8.) 1818-003a . I. . I I Ie , October 28, 2005 Page 21 Table 1: Project Construction Phases I Phase IA IB Activity Grading Demolition of existing buildings Construction of 3-story, 60,OOO-square foot medical office building Construction of surface parkin~ Construction of I-story. 162,650-square foot main hospital structure Construction of 6-story, 122,755-square foot bed tower Construction of associated parking Construction of 5-story. 122.755-souare foot bed tower Construction of 4-story, 80,OOO-square foot medical office building Construction of hospital connector Construction of I-story, 10,000-square foot cancer center Construction of associated parkin~ Construction of 8.000 square foot fitness center Construction of iogging trail 12 months (II-V concurrent) Period 10 months 14 months III III IV Iv j Total 36 months Construction of all phases is projected to last a maximum of 36 months if the proposed construction phases (lA, IB, and II'V> are conducted subsequently. In contrast, the focused EIR's construction emissions estimates were based on a 60- month construction period, starting in January 2006 and terminating in December 2010. (Focused EIR, at p. 4-24, footnote to Table 4-5, and Appx. B, p. 2.) By 'stretching construction emissions over a period of 60 months rather than the actual proposed 36-month construction period, the focused EIR considerably underestimates maximum daily emissions and, thus, considerably underestimates air quality impacts from Project construction. In fact, construction of the Project could even be shorter than 36 months because nothing in the focused Em's language restricts the developer to the staggered construction phasing. If more than the specified construction phases would be conducted concurrently, even greater emissions would occur. 7-29 Cont. The City relied upon the URBEMIS2002 model in assuming a construction buildout of 36 months and otherwise accepting all of the focused EIR's assumptions. Results are included in Exhibit 1 to Dr. Pless' comments. Maximum daily ROG emissions increase considerably from 224 lb/day to 344 lb/day. Therefore, the focused EIR failed to disclose the magnitude of impacts associated with Project construction. The focused EIR must be revised to include a construction schedule 1818-003a October 28, 2005 Page 22 showing the projected start of the various construction phases and their expected buildout. The focused EIR's air quality analysis must be corrected accordingly because, as currently drafted, it employs an incorrect construction period. I. The Focused EIR Assumes Unacceptable Model Default Values The focused EIR's construction emissions estimates largely assume URBEMIS2002 default values, which may substantially underestimate the Project's real emissions. For example, the focused EIR assumes the default factor for average fugitive dust emissions from grading of 0.11 ton/acre-month. By accepting the default value for average conditions, the focused EIR fails to evaluate the potential worst case, as is customary for CEQA analyses. The default factor for worst-case condition is 0.42 ton/acre-month. Therefore, the focused EIR may have underestimated potential worst-case conditions during grading of the Project by a factor of almost four. Further, use of this default value is only suggested when no other information is available. Typically, for a Project of this size, the amount of cut/fIll would also be known. Another example is the assumption of 8 hours of construction per day. This assumption directly conflicts with the focused EIR's statement that "construction activity will occur only between 6:30 A.M. and 6:30 P.M., Monday through Friday, and 7:00 AM. and 6;30 P.M. on Saturday. (Focused EIR, at p.4-53.) Although the focused EIR makes this assertion, it should be noted that the document contains no enforceable restrictions on the hours of construction per day and, thus, construction may be conducted for more than the assumed 8 hours per day and more than the 12 hours per day claimed in the noise section of the document. This would considerably increase the potential daily emissions from the Project. The focused EIR must either contain an enforceable mitigation measure limiting the permissible hours of construction or it must adjust its emissions estimates accordingly. J. The Focused EIR Failed to Identify Fugitive Dust Emissions From Wind Erosion And Trackout The focused EIR indicates that grading of the entire 35.31-acre site will occur during Phase lA, exposing those portions of the site which will be developed in later phases (Phase IB through V), to wind erosion for an extended period of time. (Focused EIR, at p. 3-7.) The City relied upon the URBEMIS2002 emissions modeling to estimate Project construction emissions which includes fugitive dust 1818-003a . 7-29 Cont. 7-30 . 7-31 . . . I I I I I I I I. October 28, 2005 Page 23 associated with grading, but does not account for wind erosion.14 Wind erosion can be a substantial contributor to fugitive dust from construction sites, particularly in summer-dry climates such as the SoCAB. Further, the URBEMIS2002 emissions modeling does not account for mud/dirt trackout from the site. Consequently, the focused EIR does not disclose the full impact of fugitive dust PM10 emissions from Project construction. Fugitive dust emissions due to wind erosion and trackout can be calculated using guidance developed by the U.S. Environmental Protection Agency (''U.S. EPA"). (AP-42, Sec. 13.2.515; EPA 450/3-88-008.16) The City must prepare a full EIR to include this analysis. 7-31 Cont. K. The Focused EIR Failed To Properly Estimate Operational Emissions The focused EIR's air quality impact analysis underestimates operational emissions from the Project because it omits emission sources, uses inadequate trip generation rates, and fails to include secondary emissions from electricity generation. The focused EIR finds total operational NOx emissions of 94.5 lb/day, only 5.5 Ib/day below the SCAQMD's significance threshold of 100 lb/day. This NOx significance threshold will likely be exceeded when taking into account the omitted emission sources, adequate trip generation rates, and secondary emissions from the Project. Similarly, PM10 emissions, currently estimated at 123 lb/day, may exceed the SCAQMD's significance threshold of 150 lb/day. As a result, the focused EIR fails to disclose and adequately mitigate significant impacts due to operational emissions of PMlO and NOx. The focused EIR should be revised to address these issues and be recirculated for public r~view. 7-32 " The URBEMIS2002 fugitive dust emissions estimates are based on a methodology developed for the SCAQMD by the Midwest Research Institute (''MRf). (Software User's Guide: URBEMIS 2002 for Windows with Enhanced Construction Module. April 2005, p. A-6.) The MRI study specifically notes that the emission factors for fugitive dust emissions from construction activities do not include wind erosion or mud/dirt trackout from the site. (MRI, Improvement of Specific Emission Factors, BACM Project No.1, Final Report, March 29,1996, p. 4-1.) 15 Compilation of Air Pollutant Emission Factors, Volume 1: Stationary Point and Area Sources, Section 13.2.5, Industrial Wind Erosion, January 1995, corrected on April 13, 2001. 16 C. Cowherd, G.E. Muieski, and J.S. Kinsey, Control of Open Fugitive Dust Sources, EPA 450/3-88- 008, U.S. Environmental Protection Agency, Research Triangle Park, NC, September 1988. 1818-003a . October 28, 2005 Page 24 L. The Focused EIR Omitted Important Emission Sources The focused EIR's air quality impact analysis is based on emissions calculated with the URBEMIS2002 model. The model calculates area source emissions from traffic generated by the Project and emissions from natural gas usage, hearths, landscaping, consumer products, and architectural coatings and operational traffic emissions. The model does not include emissions from the helicopter, the three cooling towers, the two emergency generators, and the boilers. The Initial Study concluded that "[a]rea source emissions such as heaters, air condition units and other machines are not considered significant generator [sic] of emissions." (NOPlInitial Study, p. 7.) This conclusion is unsupported in the text of the focused EIR and appears to be speculation. Even if emissions from these sources were individually small, they may be cumulatively considerable and must therefore be included in the a full EIR concerning a Project emissions analysis. 7-33 The combined emissions from the helicopter, the diesel generators and the boilers, even if small, may result in exceedance of the NOx significance threshold. For example, typical NOx emissions for commercial light twin-engine helicopters17 are about 4.0 lb per landing and takeoff ("LTO"), bringing total NOx emissions from the Project within one pound per day of the significance threshold. (OCS 10/0418, p.6-17.) e M. The Focused EIR's Failed To Identify Emissions From Natural Gas Usage The URBEMIS2002 model assigns gas usage rates to different land uses, 7-34 e.g., residences, industrial, hotel/motel, and office, to calculate area source emissions from the use of gas-fired boilers, furnaces, hearths, etc. The model does not calculate emissions associated with natural gas usage at hospitals. The Project is intended to operate a number of, presumably natural-gas tired equipment-types, 17 The noise analysis stated that the exact model of helicopter to be used at the hospital has not been confirmed, but that the Bell 222 has been identified as a model that could potentially be used, The Bell 222, a frequently used helicopter model for emergency transporls, is a commercial light twin- engine helicopter, 18 R. Billings and D, Wilson. Data Quality Control and Emissions Inventories of OCS Oil and Gas Production Activities in the Breton Area of the Gulf of Mexico. Final Reporl, U.S. Department of the Interior. Minerals Management Service, Gulf of Mexico OCS Region, MMS 2004-071, October 2004. 1818-003. . . . I I I ! i I I ! I I I I I I I i :. October 28, 2005 Page 25 including boilers and heating/air conditioning equipment. Emissions from such equipment, which are likely considerable, are not included in the focused EIR's area emissions estimates for Project operations presented in Table 4-6. Because the focused EIR does not include these types of emissions analyses, the document is inadequate. N. The Focused EIR Used Incorrect Target Year Results To Underestimate Vehicle Emissions 7-34 Cont. The focused EIR assumes 2010 as the target year for operational traffic emissions. Construction is assumed to start in January 2006 with a 36 month construction period. Therefore, the target year for operational emissions should be 2009, not 2010. Because vehicular emissions are assumed to decrease with every year, the calculated operational emissions for 2010 underestimate actual emissions 7-35 at Project buildout, i.e. in 2009. Relying upon URBEMIS2002 for target year 2009 and otherwise assuming all ofthe focused EIR's assumptions, results are included as Exhibit 1 to Dr. Pless' comments. Emissions of ROG, NOx, and CO in 2009 are about 10% higher than for target year 2010. This results in NOx emissions exceeding the SCAQMD's quantitative daily significance threshold. This is a significant impact that was not disclosed in the focused EIR. O. The Focused EIR Underestimated Traffic Emissions The City's URBEMIS2002 air quality analysis uses default trip lengths to estimate emissions from Project-related traffic. These default trip lengths do not apply to traffic associated with a regional hospital. Trips associated with a regional hospital are typically longer and hence traffic emissions attributable to the Project are higher. In addition, an independent review of the focused EIR's traffic analysis found a considerable underestimate of traffic generated by the Project, which is not reflected in the URBEMIS2002 default assumptions for traffic. (See Brohard 10/05'9.) Consequently, emissions associated with Project traffic are also underestimated. The focused Em's emissions estimates for Project traffic must be modified to reflect the Project's actual traffic characteristics. 19 Tom Brohard, Brohard and Associates, Letter to Gloria D. Smith. Adams, Broadwell, Joseph & Cardozo, Re: Review of Traffic Portions of the Temecula Regional Hospital Project Focused Environmental Impact Report in the City of Temecula, October 26. 2005. 1818-003a 7-36 October 28, 2005 Page 26 P. The Focused EIR Failed to Include Secondary Emissions From Electricity Generation CEQA requires that an EIR identify direct and indirect significant effects of the project on the environment. (CEQA Guidelines Section 15126.2(a).) The Project will require a substantial amount of electricity, which generates so-called indirect or secondary emissions. The focused EIR mentions that air pollutant emissions will be generated due to the consumption of electricity and states that these regional emissions were calculated using emission factors from the SCAQMD's CEQA Air Quality Handbook. (Focused EIR, p. 4-24.) Yet the focused Em fails to account for these emissions in its presentation of regional emissions associated with the operational phase of the Project. (Focused Em, at p. 4-25, Table 4-6.) A considerable share of the electricity delivered to the SoCAB is generated by coal-fired power plants, which generate substantial particulate matter and S02 emissions. The focused EIR should be revised to include emissions from electricity generation. Q. The Focused EIR Failed To Identify Increased Ozone Formation Due To Urban Heat Island Effect The Project would develop 35.31 acres oflargely open grass-covered land. The focused Em states that lot coverage will consist of approximately 16 percent building area, 30 percent parking area, and 33 percent landscape areas.20 (Focused Em, at pp. 3-3 and 3-7.) The Project would add several buildings, parking lots, roads, and roofs, thus increasing the amount of existing blacktop. Black surfaces absorb about 85% to 95% of the sunlight that falls on them, becoming one of the hottest surfaces in urban areas. The hot surfaces of pavement and similarly dark roofs quickly warm the air over urban areas, leading to the creation of summer urban "heat islands." On a clear summer afternoon, the air temperature in urban areas can be 2 F to 9 F hotter than the surrounding rural area. The elevated temperature increases cooling energy demand, accelerates the rate of smog production, and increases evaporative losses of organic compounds from gasoline tanks of vehicles parked over the hot surfaces. 20 The Site Plan provided in the Draft Em suggests a considerably larger percentage of buildings and parking spaces and lower percentage oflandscaped areas. (Draft ErR, p. 3-5, Figure 3.2.) IB18-003a . 7-37 e 7-38 . . . . October 28, 2005 Page 27 Conversion of open, grass-covered land to build-out areas would increase local ambient temperatures, thereby contributing to the urban heat island effect and increasing the local formation of ozone. Thus, the urban heat island effect would exacerbate existing exceedances of the ozone standards in the Project vicinity. The SoCAB is not in compliance with either federal or State ozone standards. Thus, the Project would directly contribute to existing excee,dances of the federal and State ozone standards, which is a significant impact. (See Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692) This is a significant impact that was not discussed in the focused EIR and is absolutely feasible to mitigate. 7-38 Cont. R. The EIR Fails to Identify Important Water Quality Issues The Project site lies within the San Diego Basin, which encompasses Temecula and the Santa Margarita Hydrologic Unit. (Focused EIR, at p. 4-32.) Murrieta Creek is a tributary to Temecula Creek and is located downstream of the Project. Significantly, the focused EIR failed to disclose that a twelve-mile segment of Murrieta Creek is listed on the State Water Resources Control Board's 303(d) list (pursuant to the federal Clean Water Act's section 303(d)) as an impaired water body for phosphorous pollution. The San Diego Regional Water Quality Control Board has listed sources polluting the creek to include urban runoff and storm sewers, unknown nonpoint sources, and unknown point sources.21 The focused EIR omits from its hydrology analysis the potential for the Project to add additional phosphorous pollution into Murrieta Creek, further impairing the creek's water quality in violation of the Clean Water Act. 7-39 Additionally, an 18-mile portion of the Santa Margarita River, the primary drainage course within the Planning Area, is also listed as impaired for phosphorous from the same sources. The focused EIR states that Murrieta Creek is one of two main tributaries to the Santa Margarita River: ''The creeks drain the inland portion of the Santa Margarita River Basin and join with the Santa Margarita River at Temecula Canyon." (Focused EIR, at p. 4-32.) Again, the focused EIR omits from its hydrology analysis the potential for the Project to add additional phosphorous pollution into regional water bodies such as the Santa Margarita River, further impairing its water quality in violation of the Clean Water Act. 21 (h tto:/Iwww.waterboards.ca.!!ov/tmdl/docs/2002re!!9303dlist. odf). 181S-003a October 28, 2005 Page 28 The Regional Board's total maximum daily load criteria ("TMDU') classified Murrieta Creek as ''low,'' nevertheless, the potential for additional phosphorous contamination from the Project should be evaluated in the,a full DEIR. Urban runoff typically contains phosphorous as a main pollution component. Since potential exists for phosphorous contamination to travel downstream into the Santa Margarita River, further degrading its water quality, it is imperative that mitigation measures are included as specific best management practices ("BMPs'') which describe how phosphorous contamination will be prevented from entering Murrieta Creek. Furthermore, the focused EIR states that flooding of Mumeta Creek banks has occurred during times of heavy rain; "Frequent overtopping of the Murrieta Creek channel by floodwaters in a number of channel reaches, flood inundation of structures with attendant damages, and other water-related problems are caused during major rainstorms, resulting in increased emergency costs, automobile damage, and traffic disruption. Murrieta Creek has been altered since the late 1800s and has been channelized for flood control purposes since the 1930s. Restoration of the natural functions of the creek is planned, including the banks, channel invert, tributaries and floodplain." (City of Temecula General Plan, at p. 5.8- 3) It is important that this flood potential be mitigated prior to development to protect water quality of Murrieta Creek and its tributaries. Flooding of the developed site can contribute urban contaminates to the creek, which include but are not limited to debris, oil, grease, herbicides, and nutrients from fertilizers such as phosphorous. Water quality omissions of this magnitude in a project level CEQA document are impermissible, and can only be remedied through circulation of a full ElR. S. The EIR Fails to Disclose The Fact That the Project Cannot Meet NPDES General Permit No. CAS000002 Requirements Applicants of construction projects disturbing one or more acres of soil are required to file for coverage under the State Water Resources Control Board ("SWRCB"), Order No. 99--08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002 for Discharges of Storm Water Runoff Associated with Construction Activity (General Permit). The proposed 1818.0038 . 7-39 Cont. 7-40 . 7-41 . I. 1 I I I I I . I ,. , October 28, 2005 Page 29 Project is thus subject to the NPDES General Permit requirements. In addition, the General Permit requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP must contain: . a site map which shows the construction site perimeter; · existing and proposed buildings, lots, roadways, storm water collection and discharge points; · general topography both before and after construction; . drainage patterns across the project. In addition, any SWPPP must include BMPs the discharger will implement to protect storm water runoff. The focused EIR fails to analyze whether the proposed Project will meet the NPDES General Permit No. CAS000002 requirements. It likewise omits a discussion of storm water discharge and the adoption of a SWPPP. Finally the focused EIR does not include specific mitigation BMPs for both of the above- described requirements. 7-41 Cont. With respect to post-construction, the focused EIR omits the discussion of post-construction stormwater BMPs as required in Sections A of any SWPPP in accordance with NPDES General Permit. Given post-construction adverse impacts on water quality associated with the Project's operation, such as anticipated water pollution due to increased traffic volumes, typical landscaping upkeep, and equestrian uses of trails, discussion of post-construction storm water BMPs is critical to ascertain the effectiveness of these BMPs to mitigate such operational impacts and meet applicable water quality attainment objectives. Finally, the focused EIR omits the inclusion of water quality monitoring programs as required in Sections B of any SWPPP. This section of an NPDES permit requires that a SWPPP also include a sampling and analysis strategy, and sampling schedule for discharges from construction activities that directly impact water bodies listed on the Regional Water Quality Control Board's Section 303(d) impaired water bodies list for sedimentation. Since both Murrieta Creek and Santa Margarita River are listed on the Regional Board's 303(d) list as impaired for phosphorous, a full EIR should be prepared to include a monitoring plan for the establishment of baseline water quality conditions, prior to construction, to evaluate IBIS-003a . October 28, 2005 Page 30 and validate the effectiveness of the BMPs, to measure the effectiveness of the BMPs and avoid further degradation of the impaired waterways. 17-41 Cont. T. The EIR Contains an Inadequate Water Supply Assessment The focused EIR's water supply and impacts analysis fails to comply with the requirements of CEQA, California Water Code section 10910, and S.B. 610. In essence, these legal requirements mandate that a local public water system, here the Rancho California Water District (RCWD), prepare a Water Supply Assessment (WSA) for new development proposals. The City attached a WSA to Appendix G of the focused EIR. However the assessment must be revised as it is insufficient under SB 610 because it does not comply with the following S.B. 610 requirements: Groundwater - Basin Description, PWS Pumping, and Sufficiency Analysis 10910. (f) If a water supply for a proposed project includes groundwater, the following additional information shall be included in the Water Supply a Assessment: ,..., (3) A detailed description and analysis of the amount and location of groundwater pumped by the public water system, or the city or county if either is required to comply with this part pursuant to subdivision (b), for the past 7-42 five years from any groundwater basin from which the proposed project will be supplied. The description and analysis shall be based on information that is reasonably available, including, but not limited to, historic use records. (4) A detailed description and analysis of the amount and location of groundwater that is projected to be pumped by the public water system, or the city or county if either is required to comply with this part pursuant to subdivision (b) from any basin from which the proposed project will be. The City admits that additional water supply will come via local groundwater sources; "To accommodate future developments such as the Temecula Regional Hospital, the RCWD intends to meet supply planning issues through a combination of the following alternatives: (1) Continued practice of managing groundwater levels through natural and artificial recharge via groundwater extracted using existing and planned RCWD-owned wells. . . " (Focused EIR, at p. 4-34) 1818-003a . i i. . I , I I I. i October 28, 2005 Page 31 However, the Project's WSA does not include a "detailed description and analysis" of the most recent groundwater usage, including source locations and pumped volumes for the past five years, nor does it provide a detailed description of projected water usage volumes, as mandated by points (3) and (4), above. Additionally, according to the WSAregarding groundwater volume; "The amount of groundwater which can be produced varies due to such factors as rainfall, recharge area and amount and location of well pumping capacity." (yVSA, at p. 7) With respect to a drought with decreased surface water flows, the WSA states; 7-42 "increased groundwater extractions along with implementation of conservation and Cont. other measures" will make up the difference. This analysis is wholly inadequate because without calculated projected groundwater volumes, it is impossible for the City or RCWD to guarantee that groundwater will be an adequate and reliable source. A full Em must quantify the range of variable groundwater volumes, and then evaluate the most conservative scenario to demonstrate quantitatively that water demand will still be achieved. Absent such an analysis, the whole WSA and groundwater discussion is inadequate. Accordingly, the City must prepare a full EIR that includes a proper WSA. U. The EIR Fails to Identify Important Traffic Impacts The focused Em, its Traffic Impact Analysis (TIA), and its Appendix D provide only a cursory analysis of the actual traffic and circulation impacts that result from the construction and operation of the City's hospital project. The City's most glaring traffic analysis deficiencies and omissions are enumerated below. 7-43 First, flaws in the focused EIR's traffic analysis stem in part from the City's failure to properly calculate the phasing for the Project's construction. Regarding Project phasing, the focused Em states; "Construction of the proposed project will occur in five phases. Phase IA consists of site grading, demolition of existing buildings, construction of a 3 story, 60,000 square foot medical office building (MOB #2), and construction of adequate surface parking to serve the building. Phase IA is anticipated to last approximately 10 months. 7-44 1818-003a October 28, 2005 Page 32 Phase IB consists of construction of the one story main hospital structure comprising approximately 162,650 square feet and a 6-story tower of approximately 122,755 square feet, as well as parking associated with the 'structure and tower. Phase IB is anticipated to last approximately 14 months. Phase II will expand the hospital to its ultimate 320 bed configuration with the addition of the 5 story bed tower of approximately 122,755 square feet. Phase III will add a 4 story 80,000 square foot medical office building (MOB #1) and the hospital connector. Phase IV consists of construction of a one story, 10,000 square foot cancer center and associated parking spaces. Phase V will be construction of the 8,000 square foot fitness center and the jogging trail. Construction of Phases II through V is anticipated to occur concurrently and to last approximately 12 months." (Focused Em, at pp. 3-7 and 3-8) Such construction phasing, according to the focused EIR, will take 36 months. Importantly, however, it is likely that a number of months or years will pass between construction activities associated with each of the three major construction phases. Thus, the focused Em does not properly evaluate baseline conditions in concert with the phasing of construction for the proposed Project. The failure of the focused EIR to analyze traffic impacts associated with the major construction phases as well as buildout of the entire Project provides no assurance that implementation of mitigation measures will be linked to significant traffic impacts caused by the phased development of the Project. Next, the focused EIR's Traffic Impact Analysis and Appendix D contain the City's traffic analysis for the proposed Project. Unfortunately, these analyses include significant errors in the calculation of AM peak hour, PM peak hour, and daily trips that will be generated by the proposed Project. Use of average trip rates per hospital bed, together with the omission of all trips associated with the 10,000 1818-003. 7-44 Cont. 7-45 . e e i I. . i. October 28, 2005 Page 33 square-foot cancer center and 'the 8,000 square-foot fitness center, significantly understates the Project trip generation and the resulting traffic impacts. 7-45 Cont. Based on these errors in trip calculations, major revisions to the focused EIR are required to address the significant impacts that the Project will have on traffic. The focused EIR must use the higher trip forecasts discussed below to properly identify the Project traffic impacts and develop appropriate mitigation measures. Until the City conducts a proper traffic analysis, trip forecasts are significantly below those that should have been calculated for the Project as follows; 7-46 1. The Project Will Provide Additional Parking Spaces On Site According to the focused EIR, "...the total parking spaces provided will be 1,278 which exceeds the City's parking standards which requires 663 parking spaces calculated for the hospital portion of the Project, for which the Development Code requires one space per 3 beds. The parking provided on the site exceeds the standards contained in the Development Code because the Code requirements do not adequately account for parking needs within the hospital associated with staff parking, outpatient services, and other needs within the facility. This is common in 7-47 most jurisdictions, and hospital facilities often exceed minimum parking requirements for this reason." (Focused Em, at p. 3-8 note 2.) Thus, the City's constructing nearly double the amount of parking spaces on site over the City requirements in its Development Code is a strong indication that the Project will generate more than the average number of vehicle trips, particularly since the site is not currently served by bus or other public transit. Likewise, the City's unrealistically low trip rates enumerated in its focused Em do not provide a proper basis for analysis of reasonably foreseeable conditions associated with the City's intent to construct nearly double the parking spaces required by the its own Development Code. In addition, the low trip rates clearly do not provide an evaluation of the "worst case" condition. 2. The City Relied Upon A Low Trip Rate Per Hospital Bed Analysis The focused Em relied upon a trip rate of 20 daily trips per hospital bed published by the San Diego Association of Governments (SANDAG) to develop its forecasts of daily, AM and PM peak hour trips. (Focused EIR, at section 4.6) For 1818-003a 7-48 October 28, 2005 Page 34 the initial phase with 170 beds, 3,400 daily trips including 272 trips in the AM peak hour and 340 trips in the PM peak hour were forecast. For the buildout of 320 beds, 6,400 daily trips including 512 trips in the AM peak hour and 640 trips in the PM peak hour were forecast. These unreasonably low trip generation forecasts for the 170 bed hospital and the 320 bed hospital were relied upon throughout the focused EIR. In addition to trip rates per bed, SANDAG has also published rates of 25 daily trips per 1,000 square feet for hospitals, with 8 percent of the daily trips in the AM peak hour and 10 percent of the daily trips in the PM peak hour. Applying the SANDAG trip rate per 1,000 square feet indicates the initial phase of the hospital building with 285,405 square feet will generate 7,140 daily trips including 570 trips in the AM peak hour and 710 trips in the PM peak hour. For the buildout of 408,160 square feet, the hospital portion of the proposed project will generate 10,200 daily trips including 820 trips in the AM peak hour and 1,020 trips in the PM peak hour. With the additional parking provided on site and the absence of public transit services, the SANDAG trip rates per 1,000 square feet for the hospital portion of the Project must be used to analyze and mitigate Project traffic impacts. Without such an analysis, the focused EIR's traffic impacts are artificially low. 3. All Trips from Cancer Center and Fitness Center Were Omitted The focused EIR indicates that the Project will also include a 10,000 square foot cancer center and an 8,000 square foot fitness center. (Focused ErR, at p. 3-4) The traffic analysis is also misleading because the focused ErR fails to include the cancer center and fitness center in trip generation at buildout. (Focused EIR, at Table 4-22 on p. 4-87) Instead, the focused ErR diminishes the trip generation numbers forecasted for buildout by only considering trips for a hospital containing 320 beds and 140,000 square feet of medical offices. This analysis is misleading and inaccurate because all trips associated with the cancer center and the fitness center were omitted from the focused ErR's traffic analysis. A more reasonable calculation, for example, would include employing SANDAG data showing that, per 1,000 square-feet of hospital space, the 10,000 square-foot cancer center will generate 250 daily trips, including 20 trips in the AM peak hour and 25 trips in the PM peak hour. Also based on SANDAG data, per 1,000 square feet of hospital space, indicates the 8,000 square-foot fitness center will generate 200 daily trips including 16 trips in the AM peak hour and 20 trips in 1818-003a e 7-48 Cont. . 7-49 . il ii. ,~ I. r. October 28, 2005 Page 35 the PM peak hour. An additional 450 daily trips including, 36 trips in the AM peak hour and 45 trips in the PM peak hour, from the cancer center and fitness center alone, is critical to an accurate analysis of Project trip generation forecasts, 7-49 distributed to area roadway links and intersections, analyzed, and the resulting Cont. significant traffic impacts mitigated as necessary. Without this type of analysis, the focused EIR's traffic analysis is fatally flawed. 4. Additional Phase I Project Trips Will Create Significant Traffic Impacts Next, with respect to Phase I construction, the focused EIR incorrectly forecasts 3,400 daily trips with 272 trips in the AM peak hour and 340 trips in the PM peak hour for the 170 beds for Phase 1. (Focused EIR, at Table 4-21, p 4-81) A proper analysis of the Phase I hospital component indicates that the 285,405 square feet in Phase I will generate 7,140 daily trips including 570 trips in the AM peak hour and 710 trips in the PM peak hour. The 3,740 additional daily trips including 298 additional AM peak hour trips and 370 additional PM peak hour trips that will be generated by Phase I will significantly impact additional intersections and segments over and above those identified in the focused EIR. The focused EIR improperly omits all of these additional trips. These significant Phase I traffic impacts must be identified and mitigated as necessary to maintain the City's Level of Service (LOS) D standard. 7-50 5. Additional Buildout Trips Will Create Significant Traffic Impacts For buildout, the focused EIR incorrectly forecasts 6,400 daily trips, with 512 trips in the AM peak hour and 640 trips in the PM peak hour for 320 hospital beds. (Focused EIR, at Table 4-22, p. 4-87) A proper analysis indicates that the 408,160 square feet forecasted for buildout will generate 10,200 daily trips including 820 trips in the AM peak hour and 1,020 trips in the PM peak hour. 7-51 Furthermore, 450 daily trips including 36 trips in the AM peak hour and 45 trips in the PM peak hour will be generated by the 10,000 square foot cancer center and the 8,000 square foot fitness center. The 4,250 additional daily trips including 344 additional AM peak hour trips and 425 additional PM peak hour trips that will be generated by the Project will significantly impact additional intersections and segments over and above those identified in the focused EIR. Clearly, the City greatly underestimated the actual daily trips that will be generated by the Project. 1818-003a October 28, 2005 Page 36 A full EIR must address these significant traffic impacts for buildout, and must identify and mitigate these impacts in order to meet the City's LOS D standard. As the foregoing illustrates, the focused EIR fails to identify numerous potentially significant impacts. Unquestionably, substantial evidence exists in the record for this Project supporting a fair argument that significant Project impacts may occur. Accordingly, the City must complete and recirculate a full EIR in compliance with CEQA. VI. THE CITY'S EIR FAILS TO INCORPORATE EFFECTIVE MEASURES TO MITIGATE ENVIRONMENTAL IMPACTS TO LESS THAN SIGNIFICANT A. The Focused EIR Must Describe Effective Mitigation Measures for Each Significant Environmental Impact An Em must propose and describe mitigation measures sufficient to minimize the significant adverse environmental impacts identified in the EIR. (CEQA sections 21002.1(a), 21100(b)(3).) Also, mitigation measures must be designed to minimize, reduce or avoid an identified environmental impact or to rectify or compensate for that impact. (CEQA Guidelines section 15370.) Where several mitigation measures are available to mitigate an impact, each should be discussed and the basis for selecting a particular measure should be identified. (Id. at section 15126.4(a)(1)(B).) A lead agency may not make the required CEQA findings unless the administrative record clearly shows that all uncertainties regarding the mitigation of significant environmental impacts have been resolved. The City's administrative record is clearly deficient with respect to mitigating the impacts in all of the affected resource areas. In particular, CEQA requires the lead agency to adopt feasible mitigation measures that will substantially lessen or avoid the Project's potentially significant environmental impacts (CEQA sections 21002, 21081(a)) and describe those mitigation measures in the EIR. (CEQA section 21100(b)(3); CEQA Guidelines section 15126.4.) A public agency may not rely on mitigation measures of uncertain efficacy or feasibility. (Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692, 727 (finding groundwater purchase agreement inadequate mitigation measure because no record evidence existed that replacement water was available).) "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, 1818-003. . 7-51 Cont. . 7-52 . Ie I . I I. October 28, 2005 Page 37 legal, social and technological factors. (CEQA Guidelines section 15364.) Mitigation measures must be fully enforceable through permit conditions, agreements or other legally binding instruments. (Id. at section 15126.4(a)(2).) Here, the focused Em lacks effective mitigation for the following categories of impacts; air quality, traffic, parking, and circulation, geologic hazards and water quality. Additional mitigation measures must be included and a full EIR recirculated for public review. 1. The Focused EIR Does Not Provide Adequate Mitigation for Air Quality and Public Health Impacts The focused EIR improperly defers the development of most of its mitigation plans into the future without specifying any performance measures, including; Location of the staging area for construction (AQ-1); Transportation Demand Management Plan (AQ-2; Landscape Plan (AQ-4); Watering Program (AQ-6); and Fugitive Dust Control Program (AQ-7). Further, several of the mitigation measures (e.g., temporary landscaping, clean fueled vehicles, construction equipment energy efficiency) required by the focused EIR are worded ambiguously, e.g., "may require," "when feasible," or "reasonably possible," which renders them unenforceable as a practical matter. (Focused Em, at p. 4-26 to 4-29.) The focused EIR must specify specific performance measures and reasons for rejection of these measures if found not feasible or appropriate. By the focused EIR's own admission of "significant unavoidable impacts" and as demonstrated in the comments above, impacts from construction and operation of the Project remain significant after implementation of the focused Em's proposed mitigation measures. Therefore, the City must impose all feasible mitigation to mitigate these significant impacts, which it did not. The comments below discuss the specific inadequacies of the focused EIR's proposed mitigation program and propose mitigation measures that should be implemented to lessen or eliminate the significant adverse effects of Project construction and operation. 1818.003a 7-52 Cont. 7-53 7-54 7-55 7-56 . October 28, 2005 Page 38 a. Additional Feasible Construction Mitigation The focused EIR finds significant and unavoidable NOx emissions from the Project. (Focused EIR, at p. 4-29.) As discussed below, construction emissions are considerably underestimated, likely resulting in significant and unmitigated ROG, 7-57 CO, and PMlO emissions beyond what is reported by the focused EIR. Likewise, there are numerous other relevant and reasonable fugitive dust and diesel exhaust mitigation measures contained in the CEQA Guidelines and rules for air districts and other agencies that should also be required for this Project to mitigate its significant construction impacts. b. Fugitive Dust Mitigation Measures Several agencies have conducted relevant and comprehensive studies of fugitive dust control measures to bring their region into compliance with national ambient air quality standards on PMlO. For example, the South Coast Air Quality Management District ("SCAQMD") has sponsored research, passed regulations (e.g., Rule 40322), and published guidelines that identify best management practices for controlling fugitive dusts at construction sites. The Rule 403 Implementation Handbook23 contains a comprehensive list of such measures, which should be incorporated into the Project's Fugitive Dust Control Plan. (See Focused EIR, at p. 4-27, Mitigation Measure AQ-7.) Clark County, Nevada, has also sponsored research, passed regulations (Rule 94), and published best management practices for controlling fugitive dust from construction activities.24 Clark County's Construction Activities Dust Control Handbook contains a comprehensive list of best 7-58 e 22 South Coast Air Quality Management District, Revised Final Staff Report for Proposed Amended Rule 403, Fugitive Dust and Proposed Rule 1186, PMlO Emissions from Paved and Unpaved Roads, and Livestock Operations, February 14, 1997. 23 South Coast Air Quality Management District, Rule 403 Implementation Handbook, January 1999. 24 P.M. Fransioli, PMlO Emissions Control Research Sponsored by Clark County. Nevada. Proceedings of the Air &Waste Management Association's 94th Annual Conference & Exhibition, Orlando, FL, June 24-28, 2001. 1818.0030 e . I I I . :. October 28, 2005 Page 39 management practices.25 Similarly, Arizona has developed guidance to control fugitive PMlO emissions.26 Several of the measures included in these agency guidelines are feasible and therefore should be considered for adoption here under CEQA Guidelines 9915126.4, 15091. Examples of such feasible mitigation measures are listed below: During clearing and grubbing, prewet surface soils where equipment will be operated; for areas without continuing construction, maintain live perennial vegetation and desert pavement; stabilize surface soil with dust palliative unless immediate construction is to continue; and use water or dust palliative to form crust on soil immediately following clearing/grubbing. (CCHD) Grade each phase separately, timed to coincide with construction phase or grade entire project, but apply chemical stabilizers or ground cover to graded areas where construction phase begins more than 60 days after grading phase ends. (Rule 403 Handbook) During initial grading, earth moving, or site preparation, projects 5 acres or greater may be required to construct a paved (or dust palliative treated) apron, at least 100 ft in length, onto the project site from the adjacent site if applicable. (BCAQMD) During cut and fIll activities, prewater with sprinklers or wobblers to allow time for penetration; prewater with water trucks or water pulls to allow time for penetration; dig a test hole to depth of cut to determine if soils are moist at depth and continue to prewater if not moist to depth of cut; use water truck/pull to water soils to depth of cut prior to subsequent cuts; and apply water or dust palliative to form crust on soil following fill and compaction. (CCHD) For backfilling during earthmoving operations, water backfill material or apply dust palliative to maintain material moisture or to form crust when not actively handling; cover or enclose backfill material when not actively handling; mix backfill soil with water prior to moving; dedicate water 7-58 Cont. 25 Clark County Department of Air Quality Management, Construction Activities Dust Control Handbook, March 18, 2003. 26 Arizona Department of Environmentai Quality. Air Quality Exceptional and Natural Events Policy PM10 Best Available Control Measures, June 5, 2001. IBIS-003a October 28, 2005 Page 40 truck or large hose to backfilling equipment and apply water as needed; water to form crust on soil immediately following backfilling; and empty loader bucket slowly; minimize drop height from loader bucket. (CCHD)27 For large tracts of disturbed land, prevent access by fencing, ditches, vegetation, berms, or other barriers; install perimeter wind barriers 3 to 5 feet high with low porosity; plant perimeter vegetation early; and for long-term stabilization, stabilize disturbed soil with dust palliative or vegetation or pave or apply surface rock. (CCHD) Barriers with 50 percent or less porosity located adjacent to roadways to reduce windblown material leaving a site. (Rule 403 Handbook) In staging areas, limit size of area; apply water to surface soils where support equipment and vehicles are operated; limit vehicle speeds to 15 mph; and limit ingress and egress points. (CCHD) Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. (SJVUAPCD, ADEQ) For stockpiles, maintain at optimum moisture content; remove material from downwind side; avoid steep sides or faces; and stabilize material following stockpile-related activity. (CCHD) When materials are transported off-site, all material shall be covered, effectively wetted to limit visible dust emissions, or at least six inches of freeboard space from the top of the container shall be maintained. (BAAQMD, SJVUAPCD, Rule 403 Handbook, ADEQ, SLOCAPCD) Where feasible, use bedliners in bottom-dumping haul vehicles. (Rule 403 Handbook) Empty loader bucket slowly and minimize drop height from loader bucket. (CCHD) 27 The following acronyms are used in this listing of mitigation measures: ADEQ = Arizona Department of Environmental Quality; BAAQMD = Bay Area Air Quality Management District; BCAQMD = Butte County Air Quality Management District; CCHD = Clark County (Nevada) Health District; MBUAPCD = Monterey Bay Unified Air Pollution Control District; SBCAPCD = Santa Barbara County Air Pollution Control District; SJVUAPCD = San Joaquin Valley Unified Air Pollution Control District; SLOCAPCD = San Luis Obispo County Air Pollution Control District. 1818-003. . 7-58 Cont. . . . . . October 28, 2005 Page 41 Clean wheels and undercarriage of haul trucks prior to leaving construction site. (CCRD) Gravel pads must be installed at all access points to prevent tracking of mud on to public roads. (SBCAPCD) Install and maintain trackout control devices in effective condition at all access points where paved and unpaved access or travel routes intersect. (CCRD) All roadways, driveways, sidewalks, etc., to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. (SLOCAPCD) Pave all roads on construction sites. (MBUAPCD) To prevent trackout, pave construction roadways as early as possible; install gravel pads; install wheel shakers or wheel washers, and limit site access. (CCRD, SLOCAPCD) While clearing forms, use single stage pours where allowed; use water spray to clear forms; use sweeping and water spray to clear forms; use industrial shop vacuum to clear forms; and avoid use of high pressure air to blow soil and debris from the form. (CCRD) Limit fugitive dust sources to 20 percent opacity. (ADEQ) Require a dust control plan for earthmoving operations. (ADEQ) Prior to land use clearance, the applicant shall include, as a note on a separate informational sheet to be recorded with map, these dust control requirements. All requirements shall be shown on grading and building plans. (SBCAPCD, SLOCAPCD) The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. (SBCAPCD, SLOCAPCD) Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hrs. (BCAQMD, CCRD) 7-58 Cont. While portions of some of these measures are included in the focused EIR's mitigation measures, the above measures are far more protective and should all be 1818-003a October 28, 2005 Page 42 required in the Project's Fugitive Dust Control Plan. All of these measures are feasible and various combinations of them are routinely required elsewhere to reduce fugitive PM10 emissions. See, for example, the fugitive dust control program for the Big Dig (Kasprak and Stakutis 200028), for the EI Toro Reuse focused Em,29 and for the Padres Ballpark Final Em.30 c. Diesel Exhaust Mitigation Measures There are a number of additional mitigation measures that are routinely required as CEQA mitigation by air districts and other agencies in California for construction projects, (e.g., the mitigation programs routinely implemented by the SMAQMD and California Energy Commission ("CEC") decisions), including; Limiting the hours of operation of heavy duty equipment and/or the amount of equipment in use. (BAAQMD 12/99, p. 53); Conversion to cleaner engines; Use of cleaner (reduced sulfur) fuel; Add-on control devices, e.g., particulate traps, catalytic oxidizers; Buffer zone between facility and sensitive receptors; Installation of high pressure injectors on diesel construction equipment; Restricting engine size of construction equipment to the minimum practical size; Electrification of construction equipment; 28 A Ka8prak and P.A. Stakutis, A Comprehensive Air Quality Control Program for a Large Roadway Tunnel Project, Proceedings of the Air & Waste Management Association's 93rd Annual Conference, June 18-22. 2000. 29 County of Orange, Draft Environmental Impact Report No. 573 for the Civilian Reuse ofMCAS El Toro and the Airport System Master Plan for John Wayne Mrport and Proposed Orange County International Airport, Draft Supplemental Analysis, Volume I, April 2001, pp. 2-121 to 2-123, 30 City of San Diego, Final Subsequent Environmental Impact Report to the Final Master Environmental Impact Report for the Centre City Redevelopment Project and Addressing the Centre City Community Plan and Related Documents for the Proposed Ballpark and Ancillary Development Projects, and Associated Plan Amendments, V. IV. Responses to Comments. September 13, 1999, pp. IV-254 to IV-256. 1SlS.003. e 7-58 Cont. 7-59 . . I. . I I I i. October 28, 2005 Page 43 Substitution of gasoline-powered for diesel-powered construction equipment; Use of alternatively fueled construction equipment, using, e.g., compressed natural gas, liquefied natural gas, propane, or biodiesel; Implementation of activity management techniques including a) development of a comprehensive construction management plan designed to minimize the number of large construction equipment operating during any given time period; b) scheduling of construction truck trips during non-peak hours to reduce peak hour emissions; c) limitation of the length of construction work-day period; and d) phasing of construction activities; Installation of catalytic converters on gasoline-powered equipment, if feasible; Minimization of construction worker trips by requiring carpooling and by providing for lunch onsite; Lengthening of construction period during smog season (May through October), so as to minimize the number of vehicles and equipment operating at the same time; Utilization of new technologies to control ozone precursor emissions as they become available and feasible; Use electricity from power poles rather than temporary diesel power generators; and Emission offsets ifROG or NOx emissions exceed 6.0 tons/quarter. 7-59 Cont. The following discusses the use and feasibility of construction equipment certified by GARB, post-combustion controls, and the use of PuriNOx, an alternative diesel formulation. i. CARB-certified Construction Equipment 7-60 Both the U.S. EPA and GARB have established emission limits on new off-road engines. GARB-certified off-road engines are engines that are 3 years old or less at the time of use and which comply with these new low emission limits. This equipment is widely available in the construction fleet. The use of GARB- certified equipment should be required for this Project. 1818-003a October 28, 2005 Page 44 For example, the SMAQMD and other agencies require the use of at least 20 percent CARB-certified off-road engines in the mix of construction equipment operating on-site, or alternatively, setting a NOx, ROG, and/or PMI0 emission reduction goal for the construction fleet. A similar measure has been adopted by the Texas Natural Resource Conservation Commission ("TNRCC'') for the Dallas/Fort Worth and Houston-Galveston areas. (Rennie et aZ. 2001.31) The Arizona Department of Environmental Quality ("ADEQ") has also recommended this measure to address the air quality problems in the Phoenix area. (ADEQ 11/9/00, pp. 19-24.) ii. Post-combustion Controls Post-combustion controls, such as oxidation catalysts and particulate fIlters, are devices that are installed downstream of the engine on the tailpipe to treat the exhaust. These devices are now widely used on construction equipment and are capable of removing over 90% of the PMI0, CO, and ROG from engine exhaust, depending on the fuel and specific engine. The most common and widely used post- combustion control devices are particulate traps (i.e., soot fIlters), oxidation catalysts, and combinations thereof. The many variants of these devices have recently been identified, evaluated, and comprehensively reviewed by CARB32 and others.33 The City should avail itself of these devices as most are commonly required as mitigation for construction emissions, which are similar to Project operations. The Massachusetts Turnpike Authority ("MTA") implemented a voluntary program in the fall of 1998 which resulted in retrofitting 70 pieces of construction equipment with oxidation catalysts (Kasprak et al. 200134) at the "Big Dig," the massive, 5- 31 S.G. Rennie, L. Fiffick, D. Huckabay, and B. Ubanwa, Heavy Duty Diesei Engines Retrofit Programs as a Part of Houston SIP, Proceedings ofthe Air & Waste Management Association's 94th Annual Conference & Exhibition, June 24-28, 2001. 32 California Air Resources Board. Risk Reduction Pian to Reduce Particulate Matter Emissions from Diesel-Fueled Engines and Vehicles, October 2000; California Air Resources Board, Risk Management Guidance for the Permitting of New Stationary Diesel.Fueled Engines, October 2000. 33 Manufacturers of Emission Controls Association, Demonstration of Advanced Emission Control Technologies Enabling Diesel-Powered Heavy-Duty Engines to Achieve Low Emission Levels, Final Report, June 1999. 34 A. Kasprak, G. Schattanek, and P,K. Wan, Emission Reduction Retrofit Program for Construction Equipment ofthe Central ArterylTunnel Project. Proceedings of the Air & Waste Management Association's 94th Annual Conference & Exhibition, June 24-28, 2001. Also see: www.ena.lmv/OMS/retrofitJdocumentslbilldillcase01.htm. accessed October 26, 2005. 1818-003a e 7-60 Cont. 7-61 . . . . . October 28, 2005 Page 45 year, $10 billion-plus Central ArterylTunnel Project in Boston's North End and one of the largest infrastructure construction projects in the country. These controls have also been widely required to mitigate construction emissions in California. The CEC, which follows a CEQA-equivalent process in licensing of new power plants larger than 50 megawatts (''MW'), has required these devices on many projects. The Sunrise Power Project was recently constructed using this equipment.3s No problems were encountered. Several other 500+MW power plants have been licensed and constructed successfully using these controls, including High Desert36, Elk Hills37, Pastoria38, Western Midway-Sunset39, Mountain View,40 and Contra Costa,4! among others. (All of the CEC citing decisions are posted at www.energy.ca.gov under the name of the individual facility.) 7-61 Cont. Post-combustion controls have also been required as conventional CEQA mitigation in EIRs. The El Toro Reuse focused EIR42, page 2-124, AQ-11k and AQ- 111, required the use of particulate traps with a minimum 80% PM10 efficiency and selective catalytic reduction ("SCR") or comparable technology with a minimum' 70% NOx reduction on all off-road construction equipment. The Stanford University 35 California Energy Commission, Commission Decision, Sunrise Power Project, December 2000, Condition AQ-C3, p. 120. 36 California Energy Commission, Commission Decision, High Desert Power Project, May 2000, Condition AQ-3(o), p, 107. ' 37 California Energy Commission, Commission Decision, Elk Hills Power Project, December 2000, Condition AQ-C2(3), p. 123. 38 California Energy Commission, Commission Decision, Pastoria Energy Facility, December 2000. ConditionAQ-C3, p. 108. 39 California Energy Commission, Commission Decision, Western Midway Sunset Power Project, March 2001, Condition AQ-C2. p. 114. 40 California Energy Commission, Commission Decision, Mountain View Power Project, March 2001, Condition AQ-C2, p. 34. 41 California Energy Commission, Commission Decision, Contra Costa Unit 8 Power Project, May 2001. Condition AQC-2, p. 12. 42 County of Orange, Draft Environmental Impact Report, No. 573 for the Civilian Reuse of MCAS El Toro and the Nrport System Master Plan for John Wayne Airport and Proposed Orange County International Airport, April 200l. 1818-003a October 28, 2005 Page 46 General Use Permit Application focused EIR43, page 4.11-10, AQ-1, required a range of measures to minimize diesel engine exhaust, including catalytic converters and particulate traps. The City of San Diego in the Padres Ballpark Final EIR44 required the control of 95% of engine exhaust emissions, using, among others, oxidation catalysts, particulate filters, and "Blue Sky" low-emission engines. Similarly, the Port of Oakland required the use of new engines or post-combustion controls on trucks serving its Vision 2000 expansion project. The Port's air quality mitigation program is now partially in place and has been very successful in reducing emissions.45 All of these post-combustion controls are feasible for construction of this Project. Therefore, a proposed EIR should be prepared requiring the use of post- combustion controls on off-road equipment specifying target control levels. iii. PuriNOx Alternate diesel fuels exist that achieve PM10 and NOx reductions. PuriNOx is an alternative diesel formulation that was verified by CARB on January 31, 200146 as achieving a 14% reduction in NOx and a 63% reduction in PM10 compared to CARB diesel. It can be used in any direct-injection, heavy-duty compression ignition engine and is compatible with existing engines and existing storage. distribution, and vehicle fueling facilities. Operational experience indicates little or no difference in performance and startup time, no discernable operational differences, no increased engine noise, and significantly reduced visible smoke. (Hagstrand 6/0447.) 43 Santa Clara County, Draft Environmental Impact Report, EIR Stanford University Draft Community Plan and General Use Permit Application, June 23, 2000. 44 City of San Diego. Final Subsequent Environmental Impact Report. Ballpark and Ancillary Development Projects, and Associated Plan Amendments, September 13, 1999 and Draft Subsequent EIR, May 12, 1999, , page IV-262, I8.A.89. " Port of Oakland. Summary Report #5, Vision 2000 Air Quality Mitigation Program, February 2002. 4. Letter from Dean C. Simeroth, Chief, Criteria Pollutants Branch, to Thomas J. Sheahan, Lubrizol, Verification ofLubrizol Corp. PuriNOx Fuel, January 31,2001, htto://www.arb.ca3!Ov/fuelsJdiesellaJtdiesellaltdiesel.htm accessed .June 18. 2004. 47 Personal communication, Petra PlesslPhyllis Fox with Hep Hepner, Ramos Oil Co" Dixon, CA, (916-371-3289, ext. 242) and Bill Hagstrand, Lubrizol (440-347-6592), March and June 2004. 1818-003a _ 7-61 Cont. _ 7-62 _ I. i . . October 28, 2005 Page 47 This fuel has been successfully used in heavy-duty off-road and on-road equipment, including by the Tri-Delta Transit Authority fleet in Contra Costa County, by the County of Sacramento at the Keifer Landfill and North Transfer station, in off-road construction equipment at very large residential construction projects in Sacramento, in truck fleets operated by Pacific Cement in San Francisco and Ramos Oil in Dixon, in yard hostlers at the Port of Long Beach, in off-road equipment operated by Hanson Aggregate in San Francisco, and in yard haulers at the Port of Houston. (Howes 4/0048 and Hagstrand 6/04.) Six yard tractors have been operating on PuriNOx at the Port of Houston since April 2000. The Texas Natural Resource Conservation Commission ("TNRCC") has also approved PuriNOx fuel for funding under Texas Senate Bill 5. 7-62 Cont. PuriNOx fuel is available from fuel distributor Chevron Texaco in Los Angeles and is competitively priced at a surcharge over regular diesel of about 10 cents per gallon.49 It has been required as mitigation for construction exhaust emission impacts. For example, the NASA Ames Development Plan focused Environmental Impact Statement,50 page 4.4-34, requires "where reasonable and feasible, use alternative diesel fuels." See also construction exhaust mitigation in the Bickford Ranch Final EIR, page 1-24, requiring 10% to 20% NOx emission reductions to be achieved by both engine selection and fuel selection. ("Includes the use of emulsified fuel in non-certified engines...".) d. Additional Feasible Operational Mitigation The focused EIR concludes that after implementation of the proposed mitigation measures, emissions of CO and ROG from operation of the hospital and other on-site facilities will remain significant. The focused EIR states that "[e]ven 7-63 with measures to encourage trip reduction and energy efficiency, emissions cannot be mitigated to below a level of significance" and concludes that "[l]ong-term air quality impacts will be significant and unavoidable." (Focused EIR, at p. 4-29.) Yet, the focused EIR imposes a total of only five mitigation measures that address operational emissions, specifically, AQ-2 incorporation and encouragement of "P. Howes, An Evaluation of the Effects of PuriNOxrM on Exhaust Emissions from Yard Haulers at the Port of Houston, April 2000. 49 Personal communication, Petra Pless with Bill Hagstrand, Lubrizol (440-347-6592), June 21, 2004. 50 NASA Ames Research Center, NASA Ames Development Plan, Draft Programmatic Environmental Impact Statement, November 2001. 1818-oo3a October 28, 2005 Page 48 Transportation Demand Management techniques ("TDM"); AQ-3 incorporation of energy efficiency standards for buildings; AQ-4 submission of a landscape plan; AQ- 16 enclosure and cover of refuse areas; and AQ-17 promotion of alternative transportation. (Focused EIR, at pp. 4-26 through 4-28.) By the focused EIR's own admission, these mitigation measures are insufficient to reduce the significant impacts from operational emissions to less than significance for CO and ROG, resulting in significant unmitigated impacts from Project operational emissions. (Focused EIR, at p. 4-29.) Further, the focused EIR considerably underestimates Project operational emissions of PMI0 and NOx, which likely also exceed the SCAQMD's quantitative daily significance thresholds. The focused EIR does not contain any discussion why no additional mitigation measures were considered to reduce the Project's significant impacts on air quality. As discussed below, numerous other mitigation measures exist that are routinely required as CEQA mitigation and should have been required for the Project. For example, the Initial Study for the Project recommends the following two mitigation measures for emissions from Project operations that were not incorporated into the focused EIR: Electrical powered equipment should be utilized in-lieu of gasoline- powered engines where feasible; and Prior to the issuance of a grading and building permit, the applicant shall submit verification that a ride sharing program for the construction crew has been encouraged and will be supported by the contractor via incentives or other inducements. (NOP/Initial Study, pp. 9-11.) e. Operational Traffic Mitigation Measures The following traffic mitigation measures are routinely required elsewhere to mitigate significant impacts from a project and should be required to mitigate the Project's significant NOx, ROG, and PMI0 impacts: Encourage carpoollvanpool program; Provide on-site child care or contribute to off-site child care within walking distance; Provide preferential parking for carpoollvanpool vehicles; 1818-003a . 7-63 Cont. e 7-64 . . . . October 28, 2005 Page 49 Provide secure, weather-protected bicycle parking for employees; Provide direct safe, direct bicycle access to adjacent bicycle routes; Provide showers and lockers for employees bicycling or walking to work; Short-term bicycle parking for retail customers and other non-commute trips; Connect bicycle lanes/paths to city-wide network; Design and locate buildings to facilitate transit access, e.g., locate building entrances near transit stops, eliminate building setbacks, etc.; Construct transit facilities such as bus turnouts/bus bulbs, benches, shelters, etc.; Provide shuttle service to food service establishments/commercial areas; Provide shuttle service to transit stations/multimodal centers; Implement parking fee for single-occupancy vehicle commuters; Implement parking cash-out program for non-driving employees; Provide direct, safe, attractive pedestrian access from project to transit stops and adjacent development; Implement compressed work week schedule; Implement home-based telecommuting program; Provide electric vehicle ("EV") and compressed natural gas ("CNG") vehicles in vehicle fleets; Install EV charging facilities; Install CNG fueling facility; Provide preferential parking locations for EVs and CNG vehicles; and Charge reduced or no parking fee for EVs and CNG vehicles; The Lent Ranch Final EIR,51 for example, requires most of these measures. The NASA Ames Development Plan focused Environmental Impact Statement 7-64 Cont. 51 City of Elk Grove, Lent Ranch Marketplace, Draft Environmental Impact Report, for example Table 4.3-21, page 3.0-96, and Table 12-2, October 2000. 1818-003a . October 28, 2005 Page 50 ("EIS")52 would implement an aggressive transportation demand management program ("TDM") to reduce trip generation by at least 22 percent. The Stanford University focused Community Plan and General Use Permit focused EIRS3 adopts all applicable Bay Area TDMs. The Bickford Ranch Specific Plan Final EIR54 requires that emissions be reduced by 40% by implementing many of these measures. The Old Greenwood Planned Development focused EIR55 requires, among others, paying an air quality mitigation fee to offset PMIO emissions from vehicle exhaust and re-entrained road dust to zero. Therefore, the above-listed measures should be assumed feasible unless otherwise demonstrated, and used by this Project to reduce traffic emissions to a less than significant level. 7-64 Cont. f. Operational Area Mitigation Measures The City's General Plan contains the following two operational mitigation measures that are not required by the focused EIR; Optimize building sites and orientation to take advantage of shading and . windbreak trees and reduce fuel consumption for heating and cooling; and Design buildings to optimize natural lighting, provide for task lighting, 7-65 and specific high-efficiency electric lighting. (General Plan, p. AQ-8.) In addition to the mitigation measures proposed by the focused EIR and contained in the City's General Plan, operational area emissions can also be mitigated by controlling other sources of emissions from the Project, including exhaust emissions from landscaping equipment, emissions from natural gas combustion for heating/air-conditioning, increased ozone production from the heat island effect, and indirect emissions from electricity generation. In addition, the CEQA Guidelines of other air districts identify numerous other feasible measures 62 NASA Ames Research Center. NASA Ames Development Plan, Draft Programmatic Environmentai Impact Statement. pp. 0-11 to 0-16, November 200l. 53 Santa Clara County, Draft Environmental Impact Report, Stanford University Draft Community Plan and General Use Permit Application, Table 4.11-6, June 23, 2000. 54 County of Placer, Bickford Ranch Specific Plan Final Environmental Impact Report, Section 8.3.2 and 8.4, November 13. 2000. 55 City of Truckee, Draft Environmental Impact Report. Old Greenwood Planned Development, pp. 4.5-10 to 4.5-13, February 2002. 1818-003a . I. I I . . October 28, 2005 Page 51 for commercial/industrial operations. Some of these additional measures, which are routinely required as mitigation in other EIRs56 include: Use electric lawn and garden equipment for landscaping (BAAQMD); Use electrically or CNG-powered specialty equipment, e.g., utility carts (BAAQMD); Use propane-powered specialty equipment, e.g., forklifts, utility carts, etc. (BAAQMD); Increase walls and attic insulation beyond Title 24 requirements (SLOAPCD57, SCAQMD58); Orient buildings to maximize standard heating and cooling (SLOAPCD) and include passive solar design, e.g., day-lighting (SCAQMD, SBAPCD59, BCAQMD60); Plant shade trees in parking lots to reduce evaporative emissions from parked vehicles (SLOAPCD, SCAQMD, SBAPCD, BCAQMD); Plant shade trees along southern exposures of buildings to reduce summer cooling needs (SLOAPCD, SCAQMD, SBAPCD); Use energy-efficient and automated controls for air conditioning (SCAQMD, BCAQMD); Use lighting controls and energy-efficient interior lighting (SLOAPCD, SCAQMD, SBAPCD, BCAQMD) and built-in energy-efficient appliances (SLOAPCD); Use double-paned windows (SLOAPCD, SCAQMD); 7-65 Cont. 56 For example: City of Elk Grove, Lent Ranch Marketplace, Draft Environmental Impact Report, Table 4,3-5, p. 3.0-96, October 2000; County of Placer, Bickford Ranch Specific Plan Final Environmental Impact Report, pp, 8-20 to 8-22, November 13, 2000; Sacramento County, East Franklin Specific Plan, Final Environmental Impact Report. Table ES-1; and Appendix D, February 2000; City of Truckee, Draft Environmental Impact Report, Oid Greenwood Planned Development, pp. 4.5-10 to 4.5-13, February 2002. 57 San Luis Obispo Air Pollution Control District, CEQAAir Quality Handbook, August 1997. 56 South Coast Air Quality Management District, CEQA Air Quality Handbook, April 1993. 59 Santa Barbara Air Pollution Control District, Scope and Content of Air Quality Sections in Environmental Documents, September 1997. 60 Butte County Air Quality Management District, Indirect Source Review Guidelines, March 1997. 1818-003a October 28, 2005 Page 52 Use energy-efficient low sodium parking lot and street lights (SLOAPCD, SCAQMD); Use light-colored roof materials (SCAQMD) and paint (SBAPCD) to reflect heat; Install solar cooling/heating (SBAPCD); Install solar water heater for at least 25% of the building floor area (BCAQMD); Substitute materials, e.g., use water-based paint (SCAQMD); Modify manufacturing processes, e.g., reduce process stages, closed loop- systems, materials recycling (SCAQMD); Install resource recovery systems that redirect chemicals to new production processes (SCAQMD); Use solar or low-emission water heaters (SCAQMD); Use centralized water-heating systems (SCAQMD, VCAPCD61); Use concrete or other non-pollutant materials for parking lots instead of asphalt (SBAPCD); Pay an air quality mitigation fee; Secure emission offsets; Landscape with drought-resistant species, and use groundcovers rather than pavement to reduce heat reflection; Provide electric maintenance equipment; Use ozone-destruction catalyst on air condition systems; and Reduce standard paving by 20%. Further, some air districts recommend that large projects that cannot be fully mitigated with on-site measures, should implement off-site mitigation measures. For example; 61 Ventura County Air Pollution Control District, Ventura County Air Quality Management Plan, Appendix G-94, Guidelines for the Preparation of Air Quality Impact Analyses, October 1989. 1818-003. e 7-65 Cont. e . ;,','. I , I i , . ,. October 28, 2005 Page 53 Retrofit existing homes and businesses in the project area with approved energy conservation devices (SLOAPCD); Replace/repower school/transit bus with cleaner vehicles (SLOAPCD); Construct satellite work stations (SLOAPCD); Fund a program to buy and scrap older, high-emission vehicles (SLOAPCD); Contribute to an off-site TDM fund (VCAPCD); Repair smog-check waived vehicles (SLOAPCD); Introduce electric lawn and garden equipment exchange program (SLOAPCD); and Retrofit/purchase clean heavy-duty trucks, construction equipment, diesel locomotives, and marine vessels (SLOAPCD). 7-65 Cont. g. Mitigation For Urban Heat Island Effect A number of the above discussed mitigation measures will reduce the urban heat island effect. The feasibility of two of these measures, reduction of standard paving by 20% and use of Energy Star roof products, are discussed in the following comments in more detail. 7-66 i. Reduction Of Standard Paving By 20% The heat island effect can be mitigated by reflecting the sunlight off the pavement before it heats up through use of lighter-colored, reflective pavement materials. These materials reduce the urban heat island effect, reducing the formation of ozone, and reducing evaporative emissions from vehicles that park on and use the pavement, thus reducing traffic emissions. This can be accomplished by using grass paving or reflective surfaces on un shaded parking lots, driveways, and fire lanes to reduce standard paving by 20%. This measure is widely used, technically feasible, provides air quality benefits, and is economic. 7-67 There are a large number of options that can be used to comply with this measure, ranging from porous block pavement systems to conventional asphalt pavements using light aggregate, to conventional concrete pavements. Some are comparable in cost to conventional pavements and have added benefits besides reducing air quality impacts. 1818-003a October 28, 2005 Page 54 ii. Use Of Energy Star Roof Products Most commercial and residential buildings have dark roofs. Dark roofs absorb 80% to 90% of the incident sunlight, heating the roof and plenum space. Because the air distribution system is typically installed in the plenum space between the roof deck and the dropped ceiling over the fmished interior space, this raises the summertime cooling demand. In addition, heating the roof heats the air that passes over the roof. Thus, the entire region around a dark roof becomes warmer, increasing the formation of ozone. As discussed above, dark roofs (and parking lots) quickly warm the air over urban areas, leading to the creation of summer urban "heat islands." The additional air conditioning demand created by this temperature effect is responsible for 5% to 10% of urban peak electric demand. The increased power demand leads to higher emissions from power plants. This increase in temperature causes a 10% to 20% increase in urban ozone, and in some cases, generates as much ozone as all on- road motor vehicles.62 Measures to reverse the heat island effect include reflective roofs and pavements. Intercepting the sunlight before it heats a building keeps its surface cooler and reduces the heat flow into the building. This reduces the demand for air conditioning. This can be accomplished by using light-colored, reflective roofs. A light-colored roof can reduce the amount of energy needed for cooling by 20% to 70%, depending on the amount of insulation under the roof and design of the air ducting system. This is achieved by reflecting most of the energy, rather than absorbing it. The difference between the roof surface and ambient air temperatures may be as high as 90 F, while for reflective roofs, the difference is only about 18 F. This reduces peak cooling demand, cooling costs, the size of the HV AC system, and the rating and amount of insulation required in a building, and increases the lifetime of the roof. This also reduces air pollution by reducing the amount of external power that must be produced and the amount of ambient ozone that is formed in the vicinity of the development from the heat island effect. 62 Akbari H, Cool Roofs Save Energy, ASHRAE Transactions, v. 104, Pt. 1, 1998; Taha H, Modeling the Impacts of Large-Scale Albedo Changes on Ozone Air Quality in the South Coast Air Basin, Atmospheric Environment, v. 31, no. 11, 1997, pp. 1667-1676. 1818-003. e 7-68 . e , I '~ .1. I ! . i I I i i I i i I I I '. October 28, 2005 Page 55 Normal asphalt-based roofing products typically have a reflectivity of 10% to 20%. Energy Star-labeled roof products are roofing products certified to achieve at least 65% reflectivity and to maintain a reflectivity of 50% under normal conditions for 3 years after installation. The program is sponsored by the U.S. EPA and the Department of Energy. There are currently over 115 manufacturers enrolled in the program. Reflective roofing is also recognized as an acceptable design option in the latest edition of the American Society of Heating, Refrigerating and Air- Conditioning Engineers ("ASHRAE") Standards 90.163 and 90.2 on energy-efficient buildings. Energy Star roof products are economical to apply and maintain and can be cheaper than or comparable to conventional roofing products, which cost from $1.50 to $2.50 per square foot installed.64 Cool roofs come in a variety of styles, including reflective coatings, reflective membranes, or metal roofs made of galvanized or other coated metal. Coatings have a consistency of thick paint and cost from $0.75 to $1.50 per square foot installed. Membranes are single-ply, pre-fabricated sheets applied in a single layer, typically made of PVC (poly vinyl chloride), TPO (tripolymer olefin), Hypalon, or CPA (copolymer alloy) and cost from $1.50 to $3.00 per square foot. A reflective roof can be installed or applied over almost any type of roof material, including directly on a plywood deck in place of asphalt. 7-68 Cont. The performance of reflective roofing materials has been extensively documented. At a single family residence in Sacramento, increasing the reflectivity of the roof from 18% to 79% by painting with a white coating reduced the cooling energy use over the June to October period by 66% and the peak power by 17%. At a one-story school in Sacramento, increasing the reflectivity of the roof from 8% to 68% by painting with a white coating reduced the cooling energy use over the June to October period by 34% and peak power by 32%.65 In another Sacramento study, daily air conditioning savings of 17%, 26%, and 39% were documented in an office, museum, and hospice with high reflectivity roofs.66 63 American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc., Energy Standard for Buildings Except Low-Rise Residential Buildings, Standard 90.1-1999. 64 R.S. Means, Square Foot Costs, 21" Ed., 2000, Division 5, Roofing. 65 H. Akbari, S. Bretz. D. Kurn, and J. Hanford, Peak Power and Cooling Energy Savings of High- Albedo Roofs, Energy and Buildings, v. 25,1997. pp. 117-126. 66 E.W. Hildebrandt, W. Bos, and R. Moore, Assessing the Impacts of White Roofs on Building Energy Loads, ASHRAE Technical Data Bulletin, v. 14, no. 2, 1998. 1818.003a October 28, 2005 Page 56 At a one-story, 31,700-square foot Kaiser medical office building in Davis, increasing the reflectivity of an R-19 flat rooffrom 24% to 60% reduced summertime average weekday air conditioning by 18%. At another one-story, 23,800-square foot Kaiser medical office building in Gilroy, increasing the reflectivity of an R-7 flat roof from 25% to 65% reduced the summertime average weekday air conditioning by 13%. At a 33,000-square foot drug store in San Jose, increasing the reflectivity of a foil barrier flat roof from 18% to 28% reduced the summertime average daytime air condition by 2%.67 Reflective coatings reduced cooling energy costs by 12% to 18% in two other commercial buildings in California.68 The reflectivity of a conventional unsurfaced galvanized corrugated metal roof of seven retail stores in a strip mall in Florida was increased from 29% to 75% with a white coating. This reduced the summer space cooling energy use by 25%, with a range in savings of 13% to 48%, depending on the temperature maintained in the shops. Those maintaining the lowest interior temperatures saved the least on a percentage basis. The cost of the application was $0.53/ft2 with a payback period of about 9 years.69 In nine Florida homes, daily air conditioning energy use was reduced by 2% to 43% and peak demand was reduced by an average of 22%. The amount of energy savings was inversely correlated with the amount of ceiling insulation and duct system location, with the largest savings in poorly insulated homes and those with duct systems in the attic space and smaller savings in well-insulated homes.7o A high-reflective coating on an office building in Mississippi reduced cooling energy demands by 22%.71 In addition to field studies, computer simulations of reflective roofs have documented cooling 67 H. Akbari, L. Gartland, and S. Konopacki, Measured Energy Savings of Light-Colored Roofs: Results from Three California Demonstration Sites. Proceedings of the 1998 ACEEE Summer Study on Energy Efficiency in Buildings, v. 3. no. I, 1998. 68 S. Konopacki, H. Akbari, L. Gartland, and L. Rainer. Demonstration of Energy Savings of Cool Roofs, LBNL Report 40673, 1998. 69 D. Parker, J. Sonne, and J. Sherwin. Demonstration of Cooling Savings of Light Colored Roof Surfacing in Florida Commercial Buildings: Retail Strip Mall, Florida Solar Energy Center Report FSEC-CR-964-97, 1997; www.fsec.ucf.eduIBldg/pubsonline.htm. 70 D.S. Parker and others, Measured and Simulated Pc...;vuuance of Reflective Roofing Systems in Residential Buildings, ASHRAE Proceedings (Winter Meeting), Atlanta, GA, 1998; www.fsec.ucf.eduIBldglpubsonline.htm. 71 C. Boutwell and Y. Salinas, Building for the Future - Phase I: An Energy Saving Materials Research Project, !\1ississippi Power Co., Rohm and Haas Co and the University of Mississippi, 1986. 1818-003a e 7-68 Cant. . e e . i I I i. I .r October 28, 2005 Page 57 energy savings in residential and commercial buildings.72' Cool roofs have been widely used in California, including on the American Airline airport terminal in San Jose, on control towers at the Stockton and Palmdale airports, at the 300,000- square foot Honda distribution warehouse in Stockton, the 200,000-square foot JC Penny warehouse in Buena Park, and numerous buildings in Silicon Valley. Thus, this measure would save a substantial amount of money over the life of the Project and would cost no more than a standard roof. Further, it would reduce pollution by reducing the generation of power and the formation of ozone from the heat island effect. 7-68 Cont. In sum, there are many additional feasible measures that should be evaluated and required for this Project. The focused EIR should be revised to include these additional measures and be recirculated for public review. 2. The Focused EIR Does Not Provide Adequate Mitigation for Significant Traffic Impacts The City acknowledges that there will be significant traffic impacts associated with development of Phase I of the proposed project. (Focused EIR, at p. 4-86) For example, the AM peak hour at Highway 79 SouthlRedhawk ParkwayIMargarita Road is a particular problem. Yet, the City takes no affIrmative steps to mitigate this issue. Instead, the focused EIR states, "Mitigation measures are required to reduce the level of impact" (Focused EIR, at p. 4-86), but the City 7-69 neglected to actually identify real measures to mitigate these traffic impacts. An adequate EIR requires the City to identify near-term mitigation measures for this intersection. Next, the focused EIR points to four primary mitigation measures for project buildout. (Focused EIR, at pp. 4-93 and 4-94) For two of the four, mitigation will be achieved by paying fees to Riverside County for impacts at the 1-15 Interchange with Highway 79 South, or by paying the Project's fair share of the cost of the improvements at six other intersections. These are hollow and totally inadequate. 72 See, for exampie: H. Akbari, S. Konopacki, C. Eley, B. Wilcox. M. Van Geem and D. Parket, Calculations for Reflective Roofs in Support of Standard 90.1, ASHRAE Transactions, v. 104, no. 1, 1998, pp. 984-996; L. Gartland, S. Konopacki, and H. Akbari. Modeling the Effects of Reflective Roofmg, ACEEE 1996 Summer Study on Energy Efficiency in Buildings, v. 4, 1996, pp. 117-124. 1818-003a October 28, 2005 Page 58 For the other two mitigation measures, the Focused EIR recommends that Temecula Regional Hospital construct the associated mitigation measures. All adequate traffic impact mitigation measures must be achieved through actual implementation of real mitigation measures, not payments or fees. Payment of fees to Riverside County or payment of the Project's fair share of improvements to the City does not guarantee that these mitigation measures will ever be implemented. Until improvements are actually in place, Project traffic impacts must be considered as "significant" rather than "less than significant." Finally, the focused EIR must include a mitigation-monitoring program that clearly identifies financing, scheduling, implementation responsibilities, and lead agency monitoring to achieve actual mitigation of these significant impacts. A full EIR must include these measures. B. The Focused EIR Does Not Include Ail Feasible Mitigation Measures Before Concluding That The Impacts Are Unavoidable, Relying Instead Upon A Statement of Overriding Considerations A lead agency may not conclude that an impact is significant and unavoidable without requiring the implementation of all feasible mitigation measures to reduce the impact to less than significant levels. (CEQA Guidelines sections 15126.4, 15091.) When the agency is unable to provide a specific mitigation measure, CEQA requires the articulation of performance criteria at the time of project approval. (Sacramento Old City Association v. City Council of Sacramento (1991) 229 Cal.App.3d 1011, 1028-1029.) With respect to the focused EIR, CEQA Guidelines specify that a lead agency must make a "fully informed and publicly disclosed" decision that "specifically identified expected benefits from the project outweigh the policy of reducing or avoiding significant environmental impacts of the project." (CEQA Guidelines section 15043(b).) An agency must "state in writing the specific reasons to support its action based on the final EIR and/or other information in the record" and must include the statement of overriding considerations in the record of the project approval and refer to it in the notice of determination. (CEQA Guidelines sections 15093(b)(c).) A revised and recirculated EIR must show that the City required all feasible mitigation measures and full articulation of performance criteria before issuing a statement of overriding considerations. 1818-003a e 7-69 Cont. e 7-70 . i I I. I ,I I . I . October 28, 2005 Page 59 1. The City Failed to Provide Specific and Adequate Measures To Mitigate Significant Traffic Impacts The focused EIR fails to adequately discuss potentially significant impacts, and fails to develop mitigation measures associated with the following topics: First, the focused EIR must analyze and evaluate impacts associated with 7-71 construction including dirt and building material hauling, worker traffic, and worker parking for each of the three major phases. Measures must be developed and incorporated into the focused EIR to mitigate construction traffic impacts. These measures must maintain the City's LOS D standard as defined on Pages 4-69 and 4-70 of the focused EIR so construction traffic does not degrade the LOS below the significance threshold used in the focused EIR. Second, according to the focused EIR, there has been communication between the Riverside Transit Authority (RTA) and the City indicating that, "...future bus service is highly likely along SR 79 and that the busses will be stopping at the proposed hospital. The City has expressed previous support for the concept of a bus turnout and related amenities along SR 79 to be installed by the project sponsors." Providing public transit to the Project presents significant mitigation to project impacts. Yet, the focused EIR simply fails to address the request for a bus turnout 7-72 from RTA. Likewise, the focused EIR fails to quantify the demand for new transit services that the Project will create, and fails to provide any transit mitigation measures such as financial contributions to help establish new transit service along Highway 79 South. A full EIR must include public transit as feasible mitigation to the Project impacts. Third, the City fails to fully and adequately address parking impacts. For example, the focused EIR states, "Approximately 1,278 parking spaces will be provided on surface lots." (Focused EIR, at p. 1-4) As previously indicated, the focused EIR characterizes the proposed parking as being significantly above the 7-73 requirements of the City's Development Code. (Id. at p. 3-8) However, the document neglected to review and analyze the amount of parking being proposed on site. Instructive to this analysis is the publication Parking Generation, 3rd Edition, published by the Institute of Transportation Engineers (ITE). This authority contains parking data for various land uses including hospitals and medical office buildings. For suburban hospitals like the Project, the average peak parking 1818-003a 7-74 . October 28, 2005 Page 60 demand is identified at 4.72 vehicles per bed. To satisfy this demand, at least 1,510 parking spaces would be needed for the 320 hospital beds in the proposed project. For medical offices, the average parking supply is identified as 3.9 spaces per 1,000 square feet. To meet this, at least 616 parking spaces would be needed for the 140,000 square feet of medical offices, the 10,000 square foot cancer center, and the 8,000 square foot fitness center in the proposed project. Based on the data published by ITE, at least 2,126 parking spaces are required to meet the needs of the Project, significantly higher than the 1,278 parking spaces being proposed. Clearly, parking proposed for the Project is inadequate. A full EIR must analyze actual parking needs for the Project. 7-74 Cont. Finally, with respect to parking, the focused EIR fails to analyze impacts' associated with providing all parking on site as surface parking. Given that the Project has an overall parking shortage of 850 spaces, and given that over 30 percent of the Project site will be occupied by surface parking, the City must consider building a parking structure to reduce environmental impacts in other areas and to avoid impacts to rock outcrops and trees on the site. 7-75 e C. The Focused EIR Employs An Incorrect Baseline, Thereby Skewing The Impact Analysis The environmental setting establishes the baseline physical conditions against which a lead agency can determine whether an impact is significant. (CEQA Guidelines ~ 15125(a).) Under CEQA, an EIR must include a description of the physical environmental conditions in the vicinity of the project, as they exist at the time the Notice of Preparation is published, from both a local and regional perspective.73 (Id.) Knowledge of the regional setting is critical to an assessment of 7-76 environmental impacts. (Id. at ~ 15125(c).) The importance of having a stable, finite, fixed baseline for purposes of an environmental analysis was recognized decades ago in the case of County of Inyo v. City of Los Angeles (1977) 71 Cal.App.3d 185. The recent case of County of Amador vs. EI Dorado County Water Agency (1999) 76 Cal.App. 4th 931 provides a comprehensive exegesis concerning baseline water condition and held the EIR must focus on impacts to the existing environment, not hypothetical situations. (Id., 76 Cal.App.4th at 954.) The presentation of baseline information must be sufficiently 73 According to the DEIR, page 5, the Notice of Preparation for this Project was published in February 2002. 1818.003. e 'I i i,. ! ,. i . October 28, 2005 Page 61 detailed to make further analysis possible. (Id.) In short, it must provide not only raw data but also analysis. (Id., 76 Cal.App.4th at 955; See Environmental Planning & Information Council v. County of El Dorado (1982) 131 Cal.App.3d 350, 355 (holding that an EIR should inventory and address the environment as it actually existed, not as it was proposed to be under the old General Plan).) "[T]he impacts of the project must be measured against the 'real conditions on the ground.''' (Save Our Peninsula Committee v. Monterey Board of Supervisors (2001) 87 Cal.App.4th 99, 121.) While the absence of information in an EIR does not per se constitute a prejudicial abuse of discretion, "a prejudicial abuse of discretion occurs if the failure to include relevant information precludes informed decision-making and informed public participation, thereby thwarting the statutory goals of the EIR process." (Berkeley Keep Jets Over the Bay Committee v. Board of Port Commissioners (2001) 91 Cal.App.4th 1344, 1355.) Here, the focused EIR does not correctly describe the existing physical conditions related to traffic and geologic setting. 7-76 1. Inadequate Description of the Traffic Setting According to the focused EIR, "Existing peak hour manual intersection counts were conducted during the traditional weekday AM (7:00 - 9:00) and PM (4;00 - 6:00) peak hours on March 23, 2004. (Focused EIR, at p. 4-72). Supplementary counts were obtained in July of 2005 for the traffic study Addendum." (Id. at p. 4-76) Also, "The current levels of service for study intersections and roadway segments were calculated based upon traffic counts and current intersection and roadway configurations." 7-77 The focused EIR indicates the peak hour traffic counts were made on March 23, 2004, for all intersections. Also, the City then made capacity calculations by using the traffic volumes from these March 2004 traffic counts. This approach ignores the significant traffic volume increases that have occurred with the rapid growth and development within and adjacent to the study area. The values obtained were then used in the focused EIR to represent baseline conditions at the time of the Notice of Preparation (NOP). Page 10 of the Addendum states "Existing Average Daily Traffic (ADT) volumes and intersection counts were conducted by LLG in July 2005. In addition, traffic counts were also obtained from the Temecula Medical Center report. Appendix A contains the existing traffic volumes." This data indicates that peak 1818-003a 7-78 October 28, 2005 Page 62 7-78 Cent. hour traffic counts were made on July 7, 2005 only for the intersection of Margarita Road and Dartolo Road, with the March 2004 traffic counts included for the other two intersections studied in the Addendum. The traffic counts on Thursday, July 7, 2005, were taken during the week with the July 4 Independence Day holiday. These traffic counts do not properly represent normal weekday conditions with the national holiday on Monday of that week, with summer vacations, and with schools closed for the summer months. In short, all of this data grossly underestimates true traffic capacity. Next, the City made capacity calculations by directly using the traffic volumes from the March 2004 traffic counts and the holiday week counts. This approach ignores the significant traffic volume increases that have occurred with the rapid growth and development in and adjacent to the study area, and provides unreliable data for the holiday week. The capacity calculation values in the focused EIR do not represent baseline conditions at the time of the NOP. The NOP was released on August 3, 2005. (Focused EIR, at p. 2-2) CEQA requires evaluation of the existing conditions at the time ofthe NOP because timely information is essential to an accurate and complete impact analysis. Traffic counts made in March, 2004 at the eight intersections in the TIA do not represent baseline conditions in 2005. Traffic counts at Margarita Road and Dartolo Road taken during the summer week that included the Independence Day holiday are unreliable. New traffic counts must be made at all study intersections and all calculations and subsequent analysis must be redone to properly analyze traffic impacts ofthe Temecula Regional Hospital Project. With one exception, existing traffic volumes counted at study intersections reflect traffic conditions, as they existed in 2004. (Focused EIR, at p. 4-81) To account for traffic volumes from other development projects and to include continuing traffic volume increases year after year due to project construCt phasing, existing volumes are expanded by an annual growth factor ranging from one to three percent annually. (Id.) To properly evaluate buildout conditions, traffic studies must include an appropriate annual growth factor plus traffic volume projections from approved near term land development projects. The focused EIR states, "To assess opening year and buildout traffic conditions, two approaches were used. In the November 2004 traffic study, a 4 percent growth factor was added to existing traffic volumes and then 17 cumulative projects were added." (Focused EIR, at p. 4-81) The focused EIR's analysis is 1818-003a e 7-78 Cent. 7-79 . 7-80 7-81 7-82 . " I I ';,. I I . I. October 28, 2005 Page 63 flawed because the capacity calculations for project buildout failed to include a growth factor to the March 2004 traffic counts with one exception. (Appendix B) For the analysis of conditions in the AM peak hour at SR 79 and La Paz Street, a 4 percent growth was included to account for the traffic volume increases from small developments and annual traffic growth. This 4 percent growth factor does not appropriately expand the baseline traffic volumes to the buildout horizon year for the entire Project. In addition, the capacity calculation sheets for the PM peak hour analysis at SR 79 and La Paz Road and for all of the other intersections do not include any growth factor in the analysis of build out conditions for the Project. This flawed approach does not properly reflect annual traffic volume growth essential to an accurate buildout baseline for traffic volumes. 7-82 Cont. The focused EIR neglects to identify the expected timing of completion of each of the threl;! major Project construction phases, as well as the buildout horizon for the entire Project. (Focused EIR, at pp. 3-7 and 3-8) Such an analysis provides no assurance that implementation of mitigation measures will be linked to significant traffic impacts caused by the phased development of the Project. The following two significant omissions in the focused EIR bear directly on the traffic analysis, causing it to be inaccurate and incomplete as follows: 7-83 First, to account for traffic volumes from small development projects and to include continuing traffic volume increases year after year, existing volumes are expanded by an annual growth factor ranging from one to three percent annually. Second, to properly evaluate near term conditions, traffic studies must include an appropriate annual growth factor plus traffic volume projections from approved near term land development projects. Instead, according to the focused EIR, ''To assess opening year and buildout traffic conditions, two approaches were used. In the November 2004 traffic study, a 4 percent growth factor was added to existing traffic volumes and then 17 cumulative projects were added." (Focused EIR, at p. 4-81) However, near term capacity calculations in Appendix B indicate that a no growth factor was applied to the March 2004 traffic counts with one exception. For the analysis of near term conditions in the AM peak hour at SR 79 and La Paz Street, a 4 percent growth was included to account for annual traffic growth. But, the capacity calculation sheets for the PM peak hour analysis at SR 79 and La Paz Road and for all of the other intersections do not include any growth factor in the analysis of near term conditions for Phase I of the Project. The focused EIR's flawed approach does not properly reflect annual traffic volume growth. This information is required for 1818.003a 7-84 October 28, 2005 Page 64 accurate near term baseline traffic volumes. A full EIR must be circulated containing this information. The focused EIR failed to evaluate the Project traffic impacts at the conclusion of each Project phase. Accordingly, it is impossible to determine the point in time at which the multi-phased Project will cause the Level of Service (LOS) at impacted intersections to deteriorate to an unacceptable level. Project phasing assumptions in the traffic analysis must match project phasing in the focused EIR so mitigation measures can be implemented in a timely manner to maintain the City's LOS D standard. (Focused EIR, at pp. 4-69 and 4-70) A full EIR must include annual growth of the 2004 traffic counts for both AM and PM peak hours at all intersections. The traffic analysis must also disclose significant traffic impacts and associated mitigation measures at the completion of each of the three major phases of the Temecula Regional Hospital. VII. CUMULATIVE IMPACTS ARE SIGNIFICANT AND UNMITIGATED An EIR must discuss significant "cumulative impacts." (CEQA Guidelines section 15130(a).) This requirement flows from CEQA section 21083, which requires a finding that a project may have a significant effect on the environment if "the possible effects of a project are individually limited but cumulatively considerable. . . . 'Cumulatively considerable' means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects." "Cumulative impacts" are defined as "two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts." (CEQA Guidelines section 15355(a).) "[I]ndividual effects may be changes resulting from a single project or a number of separate projects." (CEQA Guidelines section 15355(a).) ''The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present, and reasonably foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time." (Communities for a Better Environment v. Cal. Resources Agency (2002) 103 Cal.App.4th 98, 117.) A legally adequate "cumulative impacts analysis" views a particular project over time and in conjunction with other related past, present, and reasonably foreseeable probable future projects whose impacts might compound or interrelate with those of the 1818.003. e 7-84 ConI. 7-85 . 7-86 . . . October 28, 2005 Page 65 project at hand. "Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time." (CEQA Guidelines section 15355(b).) As the court recently stated in Communities for a Better Environment v. California Resources Agency, 103 Cal. App. 4th 98, 114 (2002); Cumulative impact analysis is necessary because the full environmental impact of a proposed project cannot be gauged in a vacuum. One of the most important environmental lessons that has been learned is that environmental damage often occurs incrementally from a variety of small sources. These sources appear insignificant when considered individually, but assume threatening dimensions when considered collectively with other sources with which they interact. (Citations omitted). 7-86 Cont. In Kings County Farm Bureau v. City of Hanford, 221 Cal.App.3d at 718, the court concluded that an EIR inadequately considered an air pollution (ozone) cumulative impact. The court said: ''The OEIR concludes the project's contributions to ozone levels in the area would be immeasurable and, therefore, insignificant because the [cogeneration] plant would emit relatively minor amounts of [ozone] precursors compared to the total volume of [ozone] precursors emitted in Kings County. The EIR's analysis uses the magnitude of the current ozone problem in the air basin in order to trivialize the project's impact." The court concluded: "The relevant question to be addressed in the EIR is not the relative amount of precursors emitted by the project when compared with preexisting emissions, but whether any additional amount of precursor emissions should be considered significant in light of the serious nature of the ozone problems in this air basin."74 The Kings County case was recently reaffirmed in CBE v. CRA, 103 Cal.App.4th at 116, where the court rejected cases with a narrower construction of "cumulative 74 Los Angeles Unified v. City of Los Angeles, 58 Cal.AppAth at 1024-1026 found an EIR inadequate for concluding that a project's additional increase in noise level of another 2.8 to 3.3 dBA was insignificant given that the existing noise level of 72 dBA already exceeded the regulatory recommended maximum of 70 dBA. The court concluded that this "ratio theory" trivialized the project's noise impact by focusing on individual inputs rather than their collective significance. The relevant issue was not the relative amount of traffic noise resulting from the project when compared to existing traffic noise, but whether any additional amount of traffic noise should be considered significant given the nature of the existing traffic noise problem. . 1818.003a October 28, 2005 Page 66 impacts." (See also, Friends of Eel River v. Sonoma County Water Agency, 108 Cal. App. 4th 859, 869 (2003) (adopting Kings County approach for cumulative impacts analysis).) In Friends of Eel River v. Sonoma County Water Agency (2003) 108 Cal. App. 4th 859, the court held that the EIR for a project that would divert water from the Eel River had to consider the cumulative impacts of the project together with other past, present and reasonably foreseeable future projects that also divert water from the same river system. The court held that the EIR even had to disclose and analyze projects that were merely proposed, but not yet approved. The court stated, CEQA requires "the Agency to consider 'past, present, and probable future projects producing related or cumulative impacts. . . .' (Guidelines, ~ 15130, subd. (b)(l)(A).) The Agency must interpret this requirement in such a way as to 'afford the fullest possible protection of the environment."' (ld. at 867,869.) The court held that the failure of the Em to analyze the impacts of the project together with other proposed projects rendered the document invalid. "The absence of this analysis makes the Em an inadequate informational document." (Id. at 872.) The court in Citizens to Preserve the Ojai v. Bd. of Supervisors, 176 Cal.App.3d 421 (1985), held that an EIR prepared to consider the expansion and modification of an oil refinery was inadequate because it failed to consider the cumulative air quality impacts of other oil refining and extraction activities combined with the project. The court held that the EIR's use of an Air District Air Emissions Inventory did not constitute an adequate cumulative impacts analysis. The court ordered the agency to prepare a new Em analyzing the combined impacts of the proposed refinery expansion together with the other oil extraction projects. A. The Focused EIR's Cumulative Impact Assessment is Inaccurate and Inconsistent and Not In Accordance With CEQA The focused Em's cumulative impact analysis is deficient and legally unsound for several reasons. First, there is no cumulative impacts analyses whatsoever for ten of the sixteen environmental factors listed in the NOP's CEQA Checklist. Given the comments above concerning leaking underground fuel tanks, seismic hazards, fouling water quality, and traffic problems, it defies credulity that the Project presents no cumulative impacts for these issues. 1818.003a e 7-86 Cont. 7-86 Cont. . 7-87 e . . I. October 28, 2005 Page 67 1. The Focused EIR's Cumulative Impact Analysis For Hydrology and Water Quality is Inadequate The focused EIR's cumulative impact analysis for hydrology and water quality merely discusses flooding and storm drainage in vague terms that do not actually require anything of the facility or other present or future projects: "Typical measures could include covering all outside storage facilities, vegetated swales, detention basins with filtration systems, and monitoring programs." (Focused EIR, at p. 6-2 (emphasis added).) In this regard, the focused EIR merely discusses 7-88 measures which would normally address the flooding impact without actually requiring such measures or conducting an assessment of whether the measures reduce significant impacts. In other words, the DEIR contains no cumulative impact analysis at all for this issue. Worse, the cumulative impacts analysis for hydrology fails to address the cumulative impacts associated with water supply issues for the proposed Project and other past, present and reasonably foreseeable future projects in the planning area. Significantly, with respect to hydrology and water quality, the City's cumulative impact analysis fails to mention the issues of cumulative phosphorus pollution and groundwater contamination. A full EIR must address the cumulative result of this Project and other area projects' affect on water quality issues in the project vicinity. 2. The Focused EIR's Cumulative Impact Analysis For Land Use and Planning is Inadequate With respect to land use and planning, the focused EIR is impermissibly vague; "The proposed project and cumulative growth will result in changes to existing land uses. Vacant properties will be developed pursuant to recently updated Temecula General Plan, leading to intensification of housing, commercial, and industrial development throughout southern Temecula." (Focused EIR, at p. 6.3.) Again, the DEIR contains no cumulative impact analysis at all for this issue, and fails to identify other past present and future projects in the planning area. At a minimum, the City must identify and describe specific projects in the planning area in its cumulative impacts analysis. 7-89 1818-003a . October 28, 2005 Page 68 3. The Focused EIR's Cumulative Impact Analysis For Traffic Is Inadequate The focused EIR fails to undertake the required evaluation of consistency with the City's General Plan policies related to cumulative traffic impacts. The cumulative traffic analysis fails to evaluate traffic conditions at buildout of the City's General Plan. Instead, the focused EIR evaluates conditions at buildout using the faulty methodology discussed above. While the TIA includes trips from 17 nearby projects in its analysis of eight intersections, the analysis does not include 7-90 trips associated with buildout of the City's entire General Plan or trips associated with buildout of the surrounding area. (See TIA, at p. 9) While Appendix B includes trips from 21 nearby projects in its analysis of five intersections, the cumulative projects data does not include trips associated with buildout of the City's entire General Plan or trips associated with buildout of the surrounding area. Furthermore, the focused EIR fails to properly account for annual growth from small development projects out to the horizon year of the City's General Plan. . Accordingly, the focused EIR must analyze traffic conditions at General Plan buildout without and with Temecula Regional Hospital Project traffic. Absent such a cumulative analysis, the City's focused EIR is inaccurate and incomplete. B, The Focused EIR's Cumulative Impact Analysis For Air Quality Is Inadequate The focused EIR finds significant and unavoidable cumulative impacts. The focused EIR evaluates impacts ''based primarily on 21 related projects identified by the City of Temecula." For a 'description of 17 of these projects, the focused EIR relies on a 2002 traffic impact analysis for another project, the Apis Plaza. Rather than providing a summary of these projects in the cumulative impacts analysis section, the focused EIR refers the reviewer to the traffic impact analysis contained in Appendix D for further information. Yet Appendix D does not contain any information beyond the name and proposed uses of these projects and their projected trip generation; it claims that the Apis Plaza Traffic Impact Analysis is contained in its Appendix E, but the Initial Study failed to include this document. 7-91 Further, the focused EIR claims that four additional projects were supplemented, yet it fails to supply any information on these projects. (Focused EIR, p. 6-1 and Appx. D, p. 9.) The focused EIR contains no information for any of these 21 projects. For example, there is no information on these project's time period over which they will be constructed, their expecte'd buildout, or the air 1818-003. . . . ,. October 28, 2005 Page 69 quality impacts resulting from their construction or operation. In short, the information provided in the focused EIR is entirely inadequate to assess the cumulative impacts on air quality resulting from the Project. In sum, the cumulative impact analysis must include all past, present and 7-91 reasonably foreseeable future projects, including proposed projects. Instead, the focused EIR only discusses other projects in the abstract, not once identifying other applicable projects subject to an adequate cumulative impacts analysis. CEQA prohibits the City from viewing the Project in a vacuum. The City must prepare a full EIR for the Project to fully analyze, disclose to the public and consider mitigation measures to address the important resources in the region. VIII. THE FOCUSED EIR MUST DISCLOSE ALL GENERAL PLAN INCONSISTENCIES CEQA requires a lead agency to analyze the impacts of a project in reference to relevant planning documents, including the General Plan. (CEQA Guidelines, App. G, Evaluation of Environmental Impacts, Item 6.) An EIR must discuss any inconsistencies that exist between a proposed project and any applicable general plans and regional plans. (CEQA Guidelines section 15125(d).) This discussion is 7-92 mandatory under CEQA. The same analysis must be conducted when a lead agency elects to use a negative declaration to evaluate the significant environmental impacts that may be caused by a project. (CEQA Guidelines, App. G.) The purpose of this requirement is to determine - in the context of a general plan's policies, objectives and standards - whether a particular project will have a significant impact on the environment. A project's impacts may be significant if they are greater than those deemed acceptable in a general plan. (Gentry v. City of Murrieta (1995) 36 Cal.App.4th 1359, 1416.) Here, there are a number of inconsistencies between the focused EIR and the General Plan for the City of Temecula. Specifically, as explained by Dr. Pless in her attached comments, while the General Plan requires the Project's air quality impacts to be reduced to the greatest extent feasible, the focused EIR does not include all feasible mitigation. Dr. Pless provides a list of feasible mitigation for air quality impacts that are not addressed in the focused EIR. 7-93 Second, according to the General Plan, "public and institutional facilities should be clustered in activity centers to reinforce other uses and benefit from 7-94 access to alternative modes of transportation." City of Temecula General Plan, LU- 1818.003a _ October 28, 2005 Page 70 22. This Project is proposed for a vacant piece ofland that is nowhere near any "activity center" nor does it offer "access to alternative modes oftransportation." The focused EIR should be revised to discuss this inconsistency with the General Plan and recirculated for public review and comment. 7-94 Cont. Third, the General Plan states that Temecula's Municipal Code "mandates the provision of carpool, bicycle, rideshare, vanpool, transit, child care, transportation system management, and/or telecommuting facilities for both new and current development projects within the City where 100 or more persons are employed." (City of Temecula General Plan, p. AQ-4). The focused EIR does not provide this requirement in its regulatory setting discussion, nor does it explain whether or not it applies to the Project. The failure to discuss this requirement in the General Plan must be cured in a revised EIR that is recirculated for public review and comment. 7-95 IX. CONCLUSION The focused EIR fails to satisfy CEQA's fundamental mandates of informing the public and decision makers of the potentially significant environmental impacts of a proposed project, and imposing all feasible measures to mitigate those impacts 7-96 to less than significant. This is especially true here given the grave health and safety issues raised by the proposed Project. The focused EIR should be revised to a full EIR, addressing the deficiencies described herein and in the attached documents and re-circulated for public review. _ Sincerely, ~f06'vv-J Gloria D. Smith GDS:bh Attachments 1818-OO3a _ . October 26, 2005 Ms. Gloria D. Smith, Attorney at Law Adams Broadwell Joseph & Cardozo 601 Gateway Boulevard, Suite 1000 South San Francisco, California 94080- 7037 SUBJECT: Review of Traffic Portions of the Temecula Regional Hospital Project Focused Environmental Impact Report in the City of Temecula Dear Ms. Smith: Tom Brohard, PE, has reviewed various documents associated with the proposed Temecula Regional Hospital in the City of Temecula. These documents include the September 26, 2005 Focused Environmental Impact Report (Focused EIR) prepared by P&D Consultants as well as the November 4, 2004 Traffic Impact Analysis (TIA) and the September 22, 2005 Traffic Impact Analysis Addendum (Addendum) prepared by Linscott Law & Greenspan Engineers. 7-97 . My reviews of the Focused EIR, TIA, and Addendum indicate that numerous transportation arid circulation issues associated with the project have not been properly or adequately addressed. As detailed throughout this report, the following significant omissions, deficiencies and inadequacies were found: 1) Trio Generation Forecasts for the Proiect Are Si!!llificantlv Underestimated a) Project Will Provide Additional Parking Spaces On Site b) Low Trip Rate per Bed Was Used c) All Trips from Cancer Center and Fitness Center Were Omitted d) Additional Phase I Project Trips Will Create Significant Traffic Impacts e) Additional Buildout Project Trips Will Create Significant Traffic Impacts 7-98 2) InaoDrooriate Traffic Counts Used to Evaluate Existin~ Conditions 3) Near Term and Buildout Baseline Analvsis Issue\! a) Near Term Baseline Traffic Volumes Must Include Annual Growth b) Buildout Baseline Traffic Volumes Must Include Annual Growth 4) Cumulative Traffic Analvsis Is Erroneous . Ms. Gloria D. Smith Temecula Regional Hospital Focused EIR Traffic Comments October 26, 2005 . 5) Mitil!ation Measures Do Not Result in J_,,,,,,, Than 8i!!llificant Impacts 6) Numerous Omissions from the Focused EIR a) Construction Impacts b) Transit Impacts c) Parking Impacts d) Site Plan Analysis In summary, the City has not conducted an appropriate traffic and circulation analysis of the Temecula Regional Hospital Project. Without 7-98 further study to address the City's inadequate analysis of significant traffic impacts, it is not possible to conclude that the majority of the project's traffic impacts have a less than significant effect on the environment with mitigation. To rectify the numerous significant deficiencies and inadequacies, the issues in this report as well as those expressed by others must be carefully studied and addressed in a revised traffic impact analysis conducted as part of a thorough project reevaluation in a revised and recirculated EIR. Education and Exnerience e Since receiving a Bachelor of Science in Engineering from Duke University in Durham, North Carolina in 1969, I have gained over 35 years of professional engineering experience, all of which has occurred in California. I am licensed as both a Professional Civil Engineer and as a Professional Traffic Engineer in California. I formed Tom Brohard and Associates in 2000 and now serve "on call" as Consulting Transportation Engineer for the City of San Fernando and as the Interim City Traffic Engineer for the City of Indio. I have extensive experience in traffic engineering and transportation planning. During my career in both the public and private sectors, I served as City Traffic Engineer for the Cities of Bellflower, Bell Gardens, Huntington Beach, Indio, Lawndale, Los Alamitos, Oceanside, Paramount, Rancho Palos Verdes, Rolling Hills, Rolling Hills Estates, San Fernando, San Marcos, Santa Ana, and Westlake Village. While serving these communities, I personally conducted hundreds of investigations of citizen requests for the installation of various traffic control devices. During these assignments, I successfully presented hundreds of traffic engineering reports at City Council and Traffic Commission meetings. 7-99 During my career, I have reviewed numerous environmental documents and traffic studies for various projects. Several recent assignments are . 2 . Ms. Gloria D. Smith Temecula Regional Hospital Focused EIR Traffic Comments October 26, 2005 highlighted in the enclosed resume. During these assignments, I worked successfully with several law firms and local interest groups in the review of environmental documents and traffic studies, frequently within very limited time constraints. 7-99 Cont. Brief Summarv of the Proiect According to Page 3-4 of the Focused EIR, "The proposed 566,160 square foot Temecula Regional Hospital Facility consists of: .:. An approximately 408,160 square foot, 2-tower hospital complex to contain approximately 320 beds... .:. Two medical office buildings, one 4 stories173 feet high and the second 3 stories/60 feet high, providing approximately 140,000 square feet of office space. .:. A 10,000 square foot cancer center housed in a one story building. . .:' An 8,000 square foot fitness rehabilitation center in a one story building." Regarding the project phasing, Pages 3-7 and 3.8 of the Focused EIR state: 7-100 "Construction of the proposed project will occur in five phases. Phase IA consists of site grading, demolition of existing buildings, construction of a 3 story, 60,000 square foot medical office building (MOB #2), and construction of adequate surface parking to serve the building. Phase IA is anticipated to last approximately 10 months. I " , I I , I I , i i I i. Phase IB consists of construction of the one story main hospital structure comprising approximately 162,650 square feet and a 6 story tower of approximately 122,755 square feet, as well as parking associated with the structure and tower. Phase IB is anticipated to last approximately 14 months. Phase II will expand the hospital to its ultimate 320 bed configuration with the addition of the 5 story bed tower of approximately 122,755 square feet. Phase III will add a 4 story 80,000 square foot medical office building (MOB #1) and the hospital connector. 3 Ms. Gloria D. Smith Temecula Regional Hospital Focused EIR Traffic Comments October 26, 2005 Phase IV consists of construction of a one story, 10,000 square foot cancer center and associated parking spaces. Phase V will be construction of the 8,000 square foot fitness center and the jogging trail. Construction of Phases II through V is anticipated to occur concurrently and to last approximately 12 months." From the above description of the project phasing in the focused EIR, construction of the proposed project will take 36 months. It is likely that a number of months or perhaps years will pass between construction activities associated with each of the three major construction phases. As discussed throughout this report, the focused EIR, TIA, and Addendum do not properly evaluate baseline conditions in concert with the phasing of construction for the proposed project. The failure of the focused EIR to analyze traffic impacts associated with the major construction phases as well as buildout of the entire project provides no assurance that implementation of mitigation measures will be linked to significant traffic impacts caused by the phased development of the Temecula Regional Hospital. J'raffic Related Issues Section 4.6 of the focused EIR provides a summary of the environmental setting, project analysis, traffic impacts and mitigation measures for the project prepared by Linscott Law & Greenspan Engineers. Based on the information in the Focused EIR, Traffic Impact Analysis (TIA), and Addendum, my review indicates the following omissions, deficiencies, and inadequacies in the traffic analysis for the proposed project: 1) Trin Generation Forecasts for the Proiect Are Silmificantlv Underestimated - The TIA and Addendum summarized in the Focused EIR contain several significant errors in the calculation of AM peak hour, PM peak hour, and daily trips that will be generated by the proposed project. Use of average trip rates per hospital bed together with the omission of all trips associated with the 10,000 square foot cancer center, and the 8,000 square foot fitness center, significantly understates the project trip generation and the resulting traffic impacts. As such, major revisions to the Focused EIR are required to address the significant impacts that the Temecula Regional Hospital Project will have on traffic. The Focused EIR must use the higher trip forecasts discussed in the following comments to properly identify the project traffic impacts and 4 . 7-100 Cont. 7-101 e 7-102 e . Ms. Gloria D. Smith Temecula Regional Hospital Focused EIR Traffic Comments October 26, 2005 develop appropriate mitigation measures. As detailed below, trips forecast in the Focused EIR are significantly below those that should have been 7-102 calculated for the proposed project as follows: . a) Proiect Will ?,:"ovide Additional Parkin!! So aces On Site - According to Page 3-8 of the Focused EIR, "...the total parking spaces provided will be 1,278 which exceeds the City's parking standards which requires 663 parking spaces calculated for the hospital portion of the project, for which the Development Code requires one space per 3 beds. The parking provided on the site exceeds the standards contained in the Development Code because the Code requirements do not adequately account for parking needs within the hospital associated with staff parking, outpatient services, and other needs within the facility. This is common in most jurisdictions, and hospital facilities often exceed minimum parking requirements for this reason." Footnote 2 on Page 3- 8 of the Focused EIR attributes the above comments to a personal communication on September 22, 2005 with Mr. David Prusha, HKS, Inc., the architects and engineers for the proposed project. Providing nearly double the amount of parking spaces on site over what is required in the City's Development Code is a strong indication that the proposed project will generate more than the average number of vehicle trips, particularly since the site is not currently served by bus or other transit. The unrealistically low trip rates used in the Focused EIR, TIA, and Addendum do not provide a proper basis for analysis of reasonably foreseeable conditions associated with providing nearly double the parking spaces required by the City's Development Code, and the low trip rates certainly do not provide an evaluation of the "worst case" condition. 7-103 b) Low Trio Rate Per Bed Was Used - The Focused EIR, TIA, and Addendum used the trip rate of 20 daily trips per bed published by SANDAG, the San Diego Association of Governments, in developing forecasts of daily, AM, and PM peak hour trips. For the initial phase with 170 beds, 3,400 daily trips including 272 trips in the AM peak hour and 340 trips in the PM peak hour were forecast. For the buildout of 320 beds, 6,400 daily trips including 512 trips in the AM peak hour and 640 trips in the PM peak hour were forecast. These unreasonably low trip generation forecasts for the 170 bed hospital and the 320 bed hospital developed in the TIA and Addendum were the used throughout the Focused EIR for the proposed project. i :. In addition to trip rates per bed, SANDAG has also published rates of 25 daily trips per 1,000 square feet for hospitals, with 8 percent of the 5 Ms. Gloria D. Smith Temecula Regional Hospital Focused EIR Traffic Comments October 26, 2005 daily trips in the AM peak hour and 10 percent of the daily trips in the PM peak hour. Applying the SANDAG trip rate per 1,000 square feet indicates the initial phase of the hospital building with 285,405 square feet will generate 7,140 daily trips including 570 trips in the AM peak hour and 710 trips in the PM peak hour. For the buildout of 408,160 square feet, the hospital portion of the proposed project will generate 10,200 daily trips including 820 trips in the AM peak hour and 1,020 trips in the PM peak hour. With the additional parking provided on site and the absence of transit service, the SANDAG trip rates per 1,000 square feet for the hospital portion of the project must be used to analyze and mitigate project traffic impacts. c) All Trios from Cancer Center and Fitness Center Were Omitted - Page 3-4 of the Focused EIR indicates the proposed project will include a 10,000 square foot cancer center and an 8,000 square foot fitness center as components of the Temecula Regional Hospital. Table 4-22 on Page 4-87 of the Focused EIR for the trip generation for buildout of the proposed project only forecasts trips for a hospital containing 320 beds and 140,000 square feet of medical offices. From the description of the project on Page 3-4 of the Focused EIR, all trips associated with the cancer center and the fitness center have been omitted from the traffic analysis. Using SANDAG data per 1,000 square feet indicates the 10,000 square foot cancer center will generate 250 daily trips including 20 trips in the AM peak hour and 25 trips in the PM peak hour. Using SANDAG data per 1,000 square feet indicates the 8,000 square foot fitness center will generate 200 daily trips including 16 trips in the AM peak hour and 20 trips in the PM peak hour. The additional 450 daily trips including 36 trips in the AM peak hour and 45 trips in the PM peak hour from these two project components must be added to the project trip generation forecasts, distributed to area roadway links and intersections, analyzed, and the resulting significant traffic impacts mitigated as necessary. d) Additional Phase I Proiect Trios Will Create Si<mificant Traffic Imoacts - Table 4-21 on Page 4-81 of the Focused EIR incorrectly forecasts 3,400 daily trips with 272 trips in the AM peak hour and 340 trips in the PM peak hour for the 170 beds in the hospital in Phase I of the proposed project. Analyzing the hospital component properly as discussed above indicates the 285,405 square feet in Phase I will generate 7,140 daily trips including 570 trips in the AM peak hour and 710 trips in the PM peak hour. The 3,740 additional daily trips 6 . 7-103 Cont. e 7-104 7-105 . . Ms. Gloria D. Smith Temecula Regional Hospital Focused EIR Traffic Comments October 26, 2005 including 298 additional AM peak hour trips and 370 additional PM peak hour trips that will be generated by Phase I will significantly impact additional intersections and segments over and above those identified in the Focused EIR. Each of these significant traffic impacts for Phase I of the proposed project must be identified and mitigated as necessary to maintain the City's Level of Service (LOS) D standard. I i . e) Additional Buildout Proiect Trios Will Create Significant Traffic Imoacts - Table 4-22 on Page 4-87 of the Focused EIR incorrectly forecasts 6,400 daily trips with 512 trips in the AM peak hour and 640 trips in the PM peak hour for 320 beds in the hospital at buildout of the proposed project. Analyzing the hospital component properly as discussed above indicates the 408,160 square feet at buildout will generate 10,200 daily trips including 820 trips in the AM peak hour and 1,020 trips in the PM peak hour. Furthermore, 450 daily trips including 36 trips in the AM peak hour and 45 trips in the PM peak hour will be generated by the 10,000 square foot cancer center and the 8,000 square foot fitness center. The 4,250 additional daily trips including 344 additional AM peak hour trips and 425 additional PM peak hour trips that will be generated by the project will significantly impact additional intersections and segments over and above those identified in the Focused EIR. Each of these significant traffic impacts for buildout of the proposed project must be identified and mitigated as necessary to maintain the City's LOS D standard. 2) Inaonrooriate Traffic Counts Used to Evaluate Existinl!" Conditions - Page 4- 72 of the Focused EIR states "Existing peak hour manual intersection counts were conducted during the traditional weekday AM (7:00 - 9:00) and PM (4:00 - 6:00) peak hours on March 23, 2004. Supplementary counts were obtained in July of 2005 for the traffic study Addendum." Page 4-76 of the Focused EIR states ''The current levels of service for study intersections and roadway segments were calculated based upon traffic counts and current intersection and roadway configurations." . Our review of the traffic count sheets in Appendix A of the TIA indicates the peak hour traffic counts were made on March 23, 2004 for all intersections included in the TIA. Capacity calculations in Appendix B were then made by using the traffic volumes from these March 2004 traffic counts. This approach ignores the significant traffic volume increases that have occurred with the rapid growth and development within and adjacent to the study area. The values obtained were then used in the Focused EIR to represent baseline conditions at the time of the Notice of Preparation (NOP) of the Focused EIR. 7 7-105 Cont. 7-106 7-107 Ms. Gloria D. Smith Temecula Regional Hospital Focused EIR Traffic Comments October 26, 2005 Page 10 of the Addendum states "Existing Average Daily Traffic (ADT) volumes and intersection counts were conducted by LLG in July 2005. In addition, traffic counts were also obtained from the Temecula Medical Center report. Appendix A contains the existing traffic volumes." Our review of the traffic count sheets in Appendix A of the Addendum indicates peak hour traffic counts were made on July 7, 2005 only for the intersection of Margarita Road and Dartolo Road, with the March 2004 traffic counts included for the other two intersections studied in the Addendum. The traffic counts on Thursday, July 7, 2005 were taken during the week with the July 4 Independence Day holiday. These traffic counts do not properly represent normal weekday conditions with the national holiday on Monday of that week, with summer vacations, and with schools closed for the summer months. Capacity calculations in Appendix C of the Addendum were then made by directly using the traffic volumes from the March 2004 traffic counts and the holiday week counts. This approach ignores the significant traffic volume increases that have occurred with the rapid growth and development in and adjacent to the study area, and provides unreliable data for the holiday week. The capacity calculation values in the Focused EIR do not represent baseline conditions at the time of the Notice of Preparation (NOP) of the Focused EIR. Page 2-2 of the Focused EIR indicates the Notice of Preparation (NOP) was released on August 3", 2005. It is my understanding that the California Environmental Quality Act (CEQA) requires evaluation of the existing conditions at the time of the NOP. The evaluation of existing conditions at the time of the NOP is essential to an accurate and complete impact analysis. Traffic counts made in March 2004 at the eight intersections in the TIA do not represent baseline conditions in 2005. Traffic counts at Margarita Road and Dartolo Road taken during the summer week that included the Independence Day holiday are unreliable. New traffic counts must be made at all study intersections and all calculations and subsequent analysis must be redone to properly analyze traffic impacts of the Temecula Regional Hospital Project. 3) Near Term and Buildout Baseline Analvsis Issues - Pages 3-7 and 3-8 of the Focused EIR provide information regarding the length of construction of the three phases of the Temecula Regional Hospital. However, the failure of the Focused EIR to identify the expected timing of completion of each of these major project phases as well as the buildout horizon for the entire project provides no assurance that implementation of mitigation 8 e 7-107 Cont. e 7-108 e . Ms. Gloria D. Smith Temecula Regional Hospital Focused EIR Traffic Comments October 26, 2005 measures will be linked to significant traffic impacts caused by the phased development of the project. The following two significant omissions in the Focused EIR bear directly on the traffic analysis, causing it to be inaccurate and incomplete as follows: a) Near Term Baseline Traffic Volumes Must Include Annual Growth - With one exception, existing traffic volumes counted at study intersections reflect conditions in 2004. According to the Focused EIR, development of the proposed project will occur in three major phases over a number of years. To account for traffic volumes from small development projects and to include continuing traffic volume increases year after year, existing volumes are expanded by an annual growth factor ranging from one to three percent annually. To properly evaluate near term conditions, traffic studies must include an appropriate annual growth factor plus traffic volume projections from approved near term land development projects. . Page 4-81 of the Focused EIR states "To assess opening year and buildout traffic conditions, two approaches were used. In the November 2004 traffic study, a 4 percent growth factor was added to existing traffic volumes and then 17 cumulative projects were added." In our review of the near term capacity calculations in Appendix B of the TIA, we found no growth factor was applied to the March 2004 traffic counts with one exception. For the analysis of near term conditions in the AM peak hour at SR 79 and La Paz Street, a 4 percent growth was included to account for annual traffic growth. However, the capacity calculation sheets for the PM peak hour analysis at SR 79 and La Paz Road and for all of the other intersections do not include any growth factor in the analysis of near term conditions for Phase I of the project. The flawed approach used in the TIA and included in the Focused EIR does not properly reflect annual traffic volume growth that must be included in the near term haseline traffic volumes. I i I. b) Buildout Baseline Traffic Volumes Must Include Annual Growth - With one exception, existing traffic volumes counted at study intersections reflect conditions in 2004. According to the Focused EIR, development of the proposed project will occur in three major phases over a number of years. To account for traffic volumes from small development projects and to include continuing traffic volume increases year after year, existing volumes are expanded by an annual growth factor ranging from one to three percent annually. To properly evaluate buildout conditions, traffic studies must include an 9 7-108 Cont. 7-109 7-110 Ms. Gloria D. Smith Temecula Regional Hospital Focused EIR Traffic Comments October 26, 2005 appropriate annual growth factor plus traffic volume projections from approved near term land development projects. Page 4-81 of the Focused EIR states ''To assess opening year and buildout traffic conditions, two approaches were used. In the November 2004 traffic study, a 4 percent growth factor was added to existing traffic volumes and then 17 cumulative projects were added." In our review of the capacity calculations for project buildout in Appendix B of the TIA, we found no growth factor was applied to the March 2004 traffic counts with one exception. For the analysis of conditions in the AM peak hour at SR 79 and La Paz Street, a 4 percent growth was included to account for the traffic volume increases from small developments and annual traffic growth. This 4 percent growth factor does not appropriately expand the baseline traffic volumes to the buildout horizon year for the entire project. In addition, the capacity calculation sheets for the PM peak hour analysis at SR 79 and La Paz Road and for all of the other intersections do not include any growth factor in the analysis of buildout conditions for the project. The flawed approach used in the TIA and included in the Focused EIR does not properly reflect annual traffic volume growth that must be included in the buildout baseline traffic volumes. Without evaluating the project traffic impacts at the conclusion of each project phase, it is impossible to determine the point in time at which the multi phased project will cause the Level of Service (LOS) at impacted intersections to deteriorate to an unacceptable level. Project phasing assumptions in the traffic analysis must match project phasing in the Focused EIR so mitigation measures can be implemented in a timely manner to maintain the City's LOS D standard as defmed on Pages 4-69 and 4-70 of the Focused EIR. The Focused EIR must include annual growth of the 2004 traffic counts for both AM and PM peak hours at all intersections. The traffic analysis must also disclose significant traffic impacts and associated mitigation measures at the completion of each of the three major phases of the Temecula Regional Hospital. 4) Cumulative Traffic Analvsis Is Erroneoul1 - The cumulative traffic analysis in the Focused EIR fails to evaluate traffic conditions at buildout of the City's General Plan. Instead, the Focused EIR, TIA, and Addendum evaluate conditions at buildout of the proposed project using the faulty methodology discussed above. While the TIA includes trips from 17 nearby projects in its analysis of eight intersections, the listing beginning on Page 9 of the TIA does not include trips associated with buildout of the City's entire General Plan or trips associated with buildout of the surrounding 10 . 7-110 Cont. e 7-111 e . Ms. Gloria D. Smith Temecula Regional Hospital Focused EIR Traffic Comments October 26, 2005 area. While the Addendum includes trips from 21 nearby projects in its analysis of five intersections, the cumulative projects data in Appendix B of the Addendum does not include trips associated with buildout of the City's entire General Plan or trips associated with buildout of the surrounding area. Furthermore, the TIA and the Addendum fail to properly account for annual growth from small development projects out to the horizon year of the City's General Plan. The Focused EIR must analyze traffic conditions at General Plan buildout without and with Temecula Regional Hospital project traffic. 7-111 Cont. 5) Miti!!"ation Measures Do Not Result in Less Than Silmificant Impacts - Page 4-86 of the Focused EIR indicates there will be significant traffic impacts associated with development of Phase I of the proposed project in the AM peak hour at Highway 79 SouthlRedhawk ParkwayIMargarita Road. While Page 4-86 states "Mitigation measures are required to reduce the level of impact", no measures are identified to mitigate these traffic impacts. Near term mitigation measures for this intersection must be identified. . I Pages 4-93 and 4-94 of the Focused EIR list four primary mitigation measures for buildout of the proposed project. For two of the mitigation measures, the Focused EIR indicates mitigation will be achieved by paying fees to Riverside County for impacts at the 1-15 Interchange with Highway 79 South or by paying the project's fair share of the cost of the improvements at six other intersections. For the other two mitigation measures, the Focused EIR recommends that Temecula Regional Hospital construct the associated mitigation measures. 7-112 Mitigation of project traffic impacts can only be achieved through actual construction of mitigation measures. Payment of fees to Riverside County or payment of the project's fair share of improvements to the City does not guarantee that these mitigation measures will be built. Until " improvements are actually in place, the traffic impacts of the Temecula Regional Hospital must be considered as "significant" rather than "less than significant". The Focused EIR must include a mitigation monitoring program that clearly identifies financing, scheduling, implementation responsibilities, and lead agency monitoring. , i. ! 6) Numerous Omissions from the Focused EIR - The Focused EIR for the Temecula Regional Hospital Project fails to analyze potentially significant impacts or to develop mitigation measures associated with the following topics: 11 Ms. Gloria D. Smith Temecula Regional Hospital Focused EIR Traffic Comments October 26, 2005 a) Construction ImDacts - The Focused EIR must analyze and evaluate impacts associated with construction including dirt and building material hauling, worker traffic, and worker parking for each of the three major phases. Measures must be developed and incorporated into the Focused EIR to mitigate construction traffic impacts. These measures must maintain the City's LOS D standard as defined on Pages 4-69 and 4-70 of the Focused EIR so construction traffic does not degrade the LOS below the significance threshold used in the Focused EIR. b) Transit ImDacts - Correspondence in response to the NOP dated August 18, 2005 from Riverside Transit Authority (RTA) in Appendix A of the Focused EIR indicates "...future bus service is highly likely along SR 79 and that the busses will be stopping at the proposed hospital. The City of Temecula has expressed previous support for the concept of a bus turnout and related amenities along SR 79 to be installed by the project sponsors." The Focused EIR fails to address the request for a bus turnout from RTA. The Focused EIR also fails to quantify the demand for new transit services that the Temecula Regional Hospital Project will create and to provide any transit mitigation measures such as financial contributions to help establish new transit service along Highway 79 South. c) Parkin!!" Imoacts - Page 1-4 of the Focused EIR states "Approximately 1,278 parking spaces will be provided on surface lots." As previously indicated, Page 3-8 of the Focused EIR characterizes the proposed parking as being significantly above the requirements of the City's Development Code. However, the Focused EIR fails to review and analyze the amount of parking being proposed on site. Parkin!!" Generation. 3cl Edition published by the Institute of Transportation Engineers (ITE) contains parking data for various land uses including hospitals and medical office buildings. For suburban hospitals, the average peak parking demand is identified at 4.72 vehicles per bed. To satisfy this demand, at least 1,510 parking spaces would be needed for the 320 hospital beds in the proposed project. For medical offices, the average parking supply is identified as 3.9 spaces per 1,000 square feet. To meet this, at least 616 parking spaces would be needed for the 140,000 square feet of medical offices, the 10,000 square foot cancer center, and the 8,000 square foot fitness center in the proposed project. Based on the data published by ITE, at least 12 e 7-113 7-114 e 7-115 e e Ms. Gloria D; Smith Temecula Regional Hospital Focused EIR Traffic Comments October 26, 2005 2,126 parking spaces are required to meet the needs of the Temecula Regional Hospital Project, significantly higher than the 1,278 parking spaces being proposed. The Focused EIR also fails to analyze impacts associated with providing all parking on site as surface parking. With the project having an overall shortage of 850 parking spaces and with over 30 percent of the project site occupied by surface parking, consideration must be given to construction of a parking structure to reduce environmental impacts in other areas and to avoid impacts to rock outcrops and trees on the site. 7-115 . d) Site Plan Analvsis - The Focused EIR fails to analyze the proposed site plan shown in Figure 3-2 on Page 3-5 of the Focused EIR for the Temecula Regional Hospital. Important traffic considerations that must be addressed by the Focused EIR include topics such as the length of driveway throats to adequately accommodate vehicle queuing and stacking, sight distance at external and internal intersections, on site vehicle circulation, patient and visitor drop off and pick up areas, pedestrian facilities, truck loading areas, and accessibility of parking spaces. 7-116 Without these additional analyses, the Focused EIR fails to address all reasonably foreseeable adverse construction, transit, parking, and traffic impacts of the proposed project. In sum, there are numerous transportation and circulation issues, omissions, and inadequacies associated with the September 26, 2005 Focused EIR for Temecula Regional Hospital Project. The items outlined in this letter must be carefully studied and evaluated before reaching the conclusion that most of 7-117 the project traffic impacts can be reduced to insignificance with mitigation. The Focused EIR, TIA, and Addendum must be revised to respond to our significant comments as part of the environmental process and recirculated . 13 Ms. Gloria D. Smith Temecula Regional Hospital Focused EIR Traffic Comments October 26, 2005 e for public review and comment. If you have questions regarding these comments, please call me at your convenience. Respectfully submitted, Tom Brohard and Associates (/yu O~aL~J~ Tom Brohard, PE Principal Enclosure . e 14 ie I . . Licenses: Education: Experience: Memberships: Expertise: Tom Brohard, PE 1976/ Professional Engineer / California - Civil, No. 24577 1977 / Professional Engineer / California - Traffic, No. 724 BS / Civil Engineering / Duke University /1969 35 Years Institute of Transportation Engineers - Member Orange County Traffic Engineers Council- Chair 1979-1980 American Public Works Association - Member Tom is a recognized expert in the field of traffic engineering and transportation planning. His background also includes responsibility for leading and managing the delivery of various contract services to numerous cities in Southern California. Since forming Tom Brohard and Associates in 2000, Tom has reviewed many traffic impact reports and environmental documents for various projects across the state. Tom has extensive experience in providing transportation planning and traffic engineering services across Southern California. From 1972 through 1978, he conducted all traffic engineering investigations in the Second Supervisorial District in Los Angeles County. He has served as City Traffic Engineer/Transportation Manager/Engineer as follows: o Bellflower..................................... 1997 -1998 o Bell Gardens................................ 1982 - 1995 o Huntington Beach........................ 1998 - 2004 o Indio....................................... 2005 - present o Lawndale..................................... 1973 -1978 o Los Alamitos................................ 1981 - 1982 o Oceanside ................................... 1981 - 1982 o Paramount................................... 1982 - 1988 o Rancho Palos Verdes.................. 1973 - 1978 o Rolling Hills.................................. 1973 -1978,1985 - 1993 o Rolling Hills Estates..................... 1973 -1978,1984 -1991 o San Fernando.......................... 2003 - present o San Marcos .................................1981 o Santa Ana.................................... 1978 - 1981 o Westlake Village.......................... 1983 - 1994 While serving Huntington Beach, Tom oversaw a staff of 20 including traffic engineers and transportation planners, traffic signal and street lighting personnel, and the signing, striping, and marking crews. He secured $3.5 million in grant funding, managed the initial West Orange County Rail Feasibility Study, and recently oversaw the consultant selection for the City's Traffic Model and Circulation Element Update. Tom Brohard and Associates Tom Brohard, PE, Page 2 Selected significant accomplishments during the last four years include the following: . .:. Conducted Traffic Impact Analyses for the Sacred Heart Church and School Master Plan in the City of Palm Desert including presentations to community residents and testimony at Public Hearings before the City Council (3/2005 to 7/2005) .:+ Prepared preliminary critique of the Draft EIR and traffic study for the Prewett Ranch Project in the City of Brentwood for Adams Broadwell Joseph & Cardozo (7/2005) .:. Prepared critique of the Mitigated Negative Declaration and Traffic Impact Analysis for the Providence Center Specific Plan in the City of Fullerton for Shute, Mihaly, & Weinberger (6/2005 to 7/2005) .:. Prepared critique of the traffic and circulation sections of the Draft Subsequent EIR of the County of Ventura Focused General Plan Update and prepared rebuttal to responses for Shute, Mihaly, & Weinberger and the Community of Somis (12/2004 to 1/2005; 6/2005) .:. Prepared response to Initial Study and Notice of Preparation of a Draft EIR for 483 condominiums proposed in three high rise towers in Century City in the City of Los Angeles for Tract No. 7260 Association (6/2005) .:. Prepared critique of the traffic and parking impacts identified in the Draft EIR and _ Traffic Impact Analysis for the Long Beach Memorial Medical Center Expansion in . the City of Long Beach for Weinberg, Roger & Rosenfeld (2/2005 to 5/2005) .:. Prepared critique of the Draft EIR and traffic study for the Villages at Fairfield Project in the City of Fairfield for Adams Broadwell Joseph & Cardozo (4/2005 to 5/2005) .:. Prepared critique of the traffic, circulation, and parking impacts identified in the Traffic Impact Analysis for Los Angeles Unified School District Valley High School #5 in the City of San Fernando (4/2005) .:. Prepared critique of the transportation, circulation, and parking impacts identified in the Draft EIR and the Final EIR for the Wood Street Project in the City of Oakland for the East Bay Community Law Center (3/2005) .:. Conducted City wide engineering and traffic surveys confirming enforceable speed limits on 31 street segments for the City of San Fernando (1/2005 to 3/2005) .:. Prepared critiques of the traffic impacts identified in the Draft EIR and in the Revised Draft EIR for the Central Larkspur Specific Plan in the City of Larkspur and prepared responses to comments in the Final EIR for Shute, Mihaly, & Weinberger (7/2002 to 8/2002. 12/2003 to 2/2004, and 1/2005 to 3/2005) e Tom Brohard and Associates i. Tom Brohard, PE, Page 3 .:. Checked plans for traffic signal installations and modifications as well as signing and striping revisions for various projects for Engineering Resources of Southern California and the Cities of Hemet and Palm Springs (12/2003 to 3/2005) .:. Prepared critique of the Initial Study and traffic study prepared for the Hidden Canyon (Greenfield) Quarry Use Permit and Reclamation Plan in Monterey County for Weinberg, Roger & Rosenfeld (2/2005) .:. Prepared critiques of the traffic impacts identified in the Los Angeles International Airport Master Plan Draft EIS/EIR for Alternatives A, B, and C and in the Supplement Draft EIS/EIR for Alternative D, prepared responses to comments in the Final EIS/EIR, and reviewed Addendum #3 for Shute, Mihaly, & Weinberger and the City of EI Segundo (212001 to 7/2001, 7/2003 to 10/2003, 11/2004, and 12/2004) .:. Prepared critique of the Traffic Study for the 450-460 North Palm Drive Senior Housing Residential Project in the City of Beverly Hills for Luna & Glushon (11/2004) .:. Prepared critique of the Draft EIR and traffic study and provided testimony at a public hearing regarding the West Los Angeles College Facilities Master Plan in Los Angeles County for Culver Crest Neighborhood Association (10/2004 to 12/2004) . .:. Prepared critique of the Draft EIR and the associated traffic impact analysis as well as subsequent rebuttal to responses to these comments in the Final EIR for The Ranch Plan in the County of Orange for the Endangered Habitats League (6/2004 to 7/2004 and 10/2004) .:. Prepared preliminary critique of the Draft EIR and traffic study for the Chandler Ranch Specific Plan Project in the City of Paso Robles for Adams Broadwell Joseph & Cardozo (9/2004) .:. Prepared critique of the Draft EIR and traffic report associated with the Magnolia Park Project in the City of Oakley for Adams Broadwell Joseph & Cardozo (9/2004) .:. Prepared critique of the traffic impacts identified in the Recirculated Draft EIR and traffic study for the McKean Road Sports Complex in Santa Clara County for Shute, Mihaly, & Weinberger (9/2004) .:. Prepared critique of the Environmental Assessment for Robie Ranch Reclamation Project in Calaveras County for Weinberg, Roger & Rosenfeld (9/2004) .:. Provided expert assistance to residents in the City of La Mirada during settlement negotiations regarding litigation involving the Big T Residential Development Project in the City of Buena Park (6/2004 to 9/2004) . .:. Prepared critique of the traffic impacts identified in the Recirculated Draft EIR and the associated traffic study for the Lake Jennings Ralph's Shopping Center in San Diego County for SOFAR and Shute. Mihaly, & Weinberger (8/2004) Tom Brohard and Associates Tom Brohard, PE, Page 4 A .:- Reviewed Traffic Impact Study prepared for the San Fernando Corridors Specific . Plan for the City of San Fernando (7/2004 to 8/2004) .:. Prepared critique of the Negative Declaration for the Brisbane Recycling Project in the City of Brisbane for Weinberg, Roger & Rosenfeld (6/2004) .:- Reviewed various alternative alignments for the extension of Lexington Drive from Cerritos Avenue to Katella Avenue, a proposed secondary highway, for the City of Los Alamitos; provided expert assistance to the City of Los Alamitos during settlement negotiations regarding litigation of the proposed Cottonwood Christian Center Project in the City of Cypress (4/2004 to 6/2004) .:. Prepared critique of the Draft EIR and the associated traffic impact study for the Jaxon Enterprises Mine and Reclamation Expansion Project in the County of Merced for Weinberg, Roger & Rosenfeld (5/2004) .:. Prepared critique of the Environmental Secondary Study for the Santa Fe Parcel 6 Mixed Use Project in the City of San Diego for Adams Broadwell Joseph & Cardozo (4/2004 to 5/2004) .:. Prepared critique of the Draft EIR and the associated traffic impact analysis for the for the San Mateo Rail Corridor Plan & Bay Meadows Specific Plan Amendment in the City of San Mateo for Adams Broadwell Joseph & Cardozo (3/2004 to 5/2004) e .:. Reviewed the Edinger Corridor Specific Plan Traffic Analysis for the proposed redevelopment and intensification of adjacent land uses for the City of Huntington Beach (12/2003, 4/2004, and 5/2004) .:. Conducted the Traffic Impact Study of the San Fernando Regional Pool Facility Project and the associated street improvements for the City of San Fernando (3/2004 to 4/2004) .:. Prepared critique of the Initial Study/Mitigated Negative Declaration and the associated traffic study for the Pixar Headquarters Expansion in the City of Emeryville for Shute, Mihaly, & Weinberger (3/2004 to 4/2004) .:. Prepared critique of the Draft EIR and the associated traffic impact analysis for the Lower Lagoon Valley Specific Plan in the City of Vacaville for Adams Broadwell Joseph & Cardozo (3/2004 to 4/2004) .:. Conducted the Traffic Study of Two Parking Alternatives for the City of San Dimas to provide on street parking to complement potential retail/residential development on the east side of San Dimas Avenue north of Arrow Highway (12/2003 to 4/2004) .:. Prepared trip generation calculations for various retail and "Big Box. stores in conjunction with a March 2004 ballot measure in Contra Costa County for Mark R. Wolfe & Associates (1/2004 to 2/2004) e Tom Brohard and Associates . Tom Brohard, PE, Page 5. .:. Prepared critique of the Initial Study/Mitigated Negative Declaration and the associated transportation impact analysis for the S&S Farms and Hancock Property Residential Development Plan in the City of Brentwood for Adams Broadwell Joseph & Cardozo (2/2004) .:. Prepared critiques of the traffic impacts identified in the Mitigated Negative Declarations as well as subsequent rebuttal to responses to these comments for the Bayfront Live Work Project in the City of Hercules for Adams Broadwell Joseph & Cardozo (4/2003, 10/2003, and 2/2004) .:. Conducted the City Wide Traffic Calming Study of Residential Streets in the City of San Fernando including development of traffic calming guidelines and specific recommendations addressing over 70 "Hot Spots" throughout the City including monthly presentations at Transportation & Safety Commission meetings and a presentation of the Final Report to the City Council (5/2003 to 1/2004) .:. Prepared critique of the Initial Study/Mitigated Negative Declaration and the associated transportation analysis for the Cottonwood Christian Center in the City of Cypress for the City of Los Alamitos (1/2004) . .:. Prepared critique of the Recirculated Draft EIR and the associated transportation analysis for the Sand Creek Specific Plan in the City of Antioch for Adams Broadwell Joseph & Cardozo (1/2004) .:. Prepared critique of the Initial Study and the associated traffic impact studies for the West Dublin Transit Village in the City of Dublin for Adams Broadwell Joseph & Cardozo (11/2003 to 1/2004) .:. Prepared critiques of the Initial Study and the Recirculated Initial Study/General Plan Amendment and Rezoning for the Jack Parker Trucking Site in the City of San Pablo for Adams Broadwell Joseph & Cardozo (9/2003 and 11/2003) .:. Prepared critique of the traffic impacts identified in the Draft EIR and rebuttal to responses to comments in the Final EIR for the proposed Waf-Mart in the City of Fremont for Mark R. Wolfe & Associates (7/2002 to 10/2003) .:. Prepared critique of the traffic impacts identified in the Draft EIR, rebuttal to responses in the Final EIR, and testimony at a public hearing regarding the Alpine Village Shopping Center in San Diego County for Shute, Mihaly, & Weinberger (6/2002 to 10/2003) .:. Prepared critique of the traffic impacts identified in the Draft EIR, rebuttal to responses in the Final EIR, testimony at public hearings, and assistance during settlement negotiations regarding the 2000 Avenue of the Stars Project in Century City in the City of Los Angeles for Tract No. 7260 Association (9/2002 to 10/2003) . Tom Brohard and Associates Tom Brohard, PE, Page 6 .:. Prepared critique of the traffic impacts identified in the Draft EIR for the Glen Loma' Ranch Project in the City of Gilroy for Adams Broadwell Joseph & Cardozo (9/2003) e .:. Prepared critique of the traffic impacts identified in the Initial Study and the Traffic Impact Analysis for the Ryder Homes Project in the City of Oakley for Adams Broadwell Joseph & Cardozo (9/2003) .:. Prepared critique of the traffic impacts identified in the Initial Study and the Traffic Impact Analysis for the Ravenswood Residential Project in Contra Costa County for Adams Broadwell Joseph & Cardozo (8/2003 to 9/2003) .:. Prepared critique of the traffic impacts identified in the Draft Subsequent EIR for the proposed Boronda Crossing Commercial Project in the City of Salinas for Mark R. Wolfe & Associates (8/2002 to 9/2003) .:. Prepared four grant applications to Caltrans for $1,115,000 of Hazard Elimination Safety funding to modify traffic signals and to upgrade regulatory, warning, and street name signs in the City of Santa Ana (3/2003 to 8/2003) .:. Prepared critique of the traffic impacts identified in the Draft EIR and the Traffic Impact Analysis for the Bluerock Business Center Project in the City of Antioch for Adams Broadwell Joseph & Cardozo (8/2003) .:. Prepared critique of the traffic impacts identified in the Draft EIR for the Clark Road . Residential Project in the City of Richmond for Adams Broadwell Joseph & Cardozo (8/2003) .:. Prepared critique of the traffic impacts identified in the Initial Study and the Traffic Impact Analysis for the Sky Ranch Residential Project in the City of Antioch for Adams Broadwell Joseph & Cardozo (7/2003 to 8/2003) .:. Prepared critique of the traffic impacts identified in the Draft EIR for the Cal Poly Student Housing North Project in the City of San Luis Obispo for Adams Broadwell Joseph & Cardozo (7/2003) .:. Prepared critique of the traffic impacts identified in the Final EIR for the Lake Jennings Ralph's Shopping Center in San Diego County for SOFAR and Shute, Mihaly, & Weinberger (3/2003 to 7/2003) .:. Prepared critique of the traffic impacts identified in the Draft EIR for the Cypress Grove Residential Project in the City of Oakley for Adams Broadwell Joseph & Cardozo (6/2003) .:. Prepared critique of the traffic impacts identified in the Draft EIR for the McKean Road Sports Complex in Santa Clara County for Shute, Mihaly, & Weinberger (5/2003 ) e Tom Brohard and Associates i i. I Tom Brohard, PE, Page 7 .:. Prepared grant application to Caltrans for $448,000 of Safe Route to School funding to upgrade all school signs at 68 public and private schools in the City of Santa Ana (3/2003 to 5/2003) .:. Prepared critique of the traffic impacts identified in the Traffic Impact Analysis for the Blossom Valley Middle School for the Dunbar Lane Task Force in San Diego County (4/2003 to 5/2003) .:. Prepared critique of the traffic impacts identified in the Draft EIR and the Traffic Impact Analysis for the Bettencourt .Ranch Aggregate Mining Project in Merced County for Weinberg, Roger & Rosenfeld (4/2003) .:. Conducted a complete review of the General Plan Circulation Element for the City of Huntington Beach including comparisons to the Orange County Transportation Authority's Master Plan of Arterial Streets and drafted a Request for Proposal to update the City's Circulation Element (8/2002 to 4/2003) .:. Prepared critique of the traffic impacts identified in the Traffic Impact Analysis for the proposed Wal-Mart in the City of Gilroy for Mark R. Wolfe & Associates (2/2003 to 3/2003) e .:. Prepared critique of the traffic impacts identified in the Draft EIR for the Waterfront/Downtown Mixed Use Project in the City of Vallejo for Adar]1s Broadwell Joseph & Cardozo (2/2003) .:. Provided expert witness evaluation of the traffic impacts caused by simultaneous construction of various Alameda Corridor Transportation Authority projects for Sullivan, Workman, & Dee (12/2002 to 2/2003) .:. Conducted 12 training sessions in Urban Street Design Fundamentals for the Engineering Department staff in the City of Torrance (4/2001 to 4/2002 and 10/2002 to 12/2002) .:. Prepared critique of the traffic impacts identified in the Transportation Impact Study for the Western Research Campus in the City of Richmond in Contra Costa County for Adams Broadwell Joseph & Cardozo (11/2002) .:. Evaluated Conditions of Approval for the proposed intersection of Mulholland Highway and Hazel Nut Court in Los Angeles County and provided testimony to the Board of Supervisors for Seminole Springs Mobile Home Park (11/2002) , , i I i I . .:. Reviewed the Traffic Impact Analysis prepared for the Pacific City Project for the City of Huntington Beach (9/2002) .:. Prepared critique of the traffic impacts identified in the Draft EIR for North Yorba Linda Estates in the City of Yorba Linda for Shute, Mihaly, and Weinberger (9/2002) Tom Brohard and Associates Tom Brohard, PE, Page 8 . .:. Conducted the Hacienda Road Traffic Calming Study and presented the final report at locally televised meetings of the Traffic Committee and the City Council in the City of La Habra Heights (10/2001 to 9/2002) .:. Prepared critique of the traffic impacts identified in Initial Studies with Traffic Impact Analyses for three residential subdivisions in the City of Pittsburg for Adams Broadwell Joseph & Cardozo (8/2002) .:. Conducted the City Wide Traffic Safety Study and presented the final report at meetings of the Traffic Committee and the City Council in the City of Rolling Hills Estates (4/2001 to 5/2002) .:. Prepared critique of the traffic impacts identified in the Draft EIR, rebuttal to responses, and testimony at a public hearing regarding extensions of Corona and Valley View Avenues in the City of Norco for C. Robert Ferguson (1/2002 to 4/2002) .:. Prepared critique of the traffic impacts identified in the Draft Initial Study and Environmental Assessment, rebuttal to responses, and testimony at public hearings before the Ventura County Board of Supervisors regarding intersection improvements proposed by Caltrans at State Route 118/State Route 34 in Ventura County for the Community of Somis (12/2000 to 10/2001) e e Tom Brohard and Associates e Technical Consultation, Data Analysis and liIIgaIIon stipport for the Environment SOIUWATERlAIR PROTECTION ENTERPRISE 201 Wilshire Blvd., Second Floor Santa Monica, California 90401 Fax: (310) 393-4909 Matt Hagemann Tel: (949) 887-9013 Emai1: mhaQ:emannlW.sw3ne.com October 26, 2005 Gloria Smith Adams Broadwell Joseph & Cardozo 651 Gateway Boulevard, Suite 900 South San Francisco, California 94080 Dear Ms. Smith: i I I , , I. We have reviewed the Draft Temecula Regional Hospital Environmental Impact Report, as prepared on September 26, 2005 for the City of Temecula. We have the following comments on the proposed project's potential for impacts on water quality. We have also noted in our review that the DEIR failed to discuss potentially significant issues related to hazardous waste and the geologic setting, including proximity to the Elsinore Fault and the potential for liquefaction. 1. The EIR Fails to Identify Hazardous Waste Sites The proposed hospital is located within 250 feet of two gas stations where leaking underground fuel tanks are the subject of ongoing assessment and cleanup activities. A Chevron station at 31669 Hwy. 79 is listed as open at the CallEPA "Geotracker" web site (htto :// {!eotracker. swrcb.ca. {!ov Ireoorts/luft.aso? {!lobal id= T0606599286&assi{!ned nam e=MAlNSITEt Contaminants in groundwater are gasoline-related, including methyl tert-butyl ether (MTBE), tert-buytl alcohol, (TBA) and toluene. An ARCa station at 44239 Margarita Road is listed at the Geotracker web site as undergoing assessment and cleanup activities (htto :/1 {!eotracker.swrcb.ca. {!ov/reoorts/luft.aso?!!"lobal id=T0606599255&assi{!ned nam e=MAINSITE)' As with the Chevron station, contaminants in groundwater include gasoline-related compounds. 7-118 . These gas stations are listed by the City ofTemecula in the General Plan as "open fuel leak cases. In accordance with the City's General Plan: "any new development that involves contaminated property will necessitate the clean up and/or remediation of the property in accordance with applicable federal, State, and local requirements and regulations. No construction will be permitted e to occur at such locations until a no further action or similar determination is issued by the City's Fire Department, Department of Toxic Substances Control, Regional Water Quality Control Board, and/or other responsible agency." htto ://www.citvoftemecula.org/ citvhalllCommDevDivisionlPlanningJ 2:OupdateIFi l1al%20EIR/5 7%20Hazards%20and%20Hazardous%20Materials.odf The project is located adjacent to two sites that are listed as open and are actively undergoing assessment and cleanup for hazardous materials. The EIR does not 7-118 acknowledge these sites and their cleanup status. Groundwater is less than 25 feet below the ground surface at the project location and exposure to the gasoline-related compounds via the water or vapor pathways is possible during construction and within buildings pot- construction. Therefore, a full DEIR should be prepared to identify potentially significant impacts of contaminant exposure to workers and hospital staff and patients to these contaminants. Any pathways of exposure that would result in risk to human health should be mitigated prior to construction. 2. The EIR Fails to Identify the Location of the Project Near an Active Fault Zone The EIR does not disclose that the project is located within 2500 feet of the Elsinore Fault, a fault that has generated a magnitude 7.0 earthquake along its southem segment in the late l800s. The Temecula General Plan identifies the Elsinore Fault as an Alquist- Priolo Earthquake Fault Zone. This designation, pursuant to California's Alquist-Priolo _ Earthquake Fault Zoning Act (Public Resources Code, Section 2621 et. seq.) limits the 7-119 . types of construction and other activities that can occur within the Elsinore Fault Zone to prevent damage associated with ground surface rupture. A DEIR should be prepared to fully disclose the potential significant impacts on the project from earthquake shaking and fault rupture. In accordance with the General Plan, the DEIR should include completion of geologic investigation by a State-licensed engineering geologist is required to demonstrate that the project will not be constructed across any traces of the Elsinore Fault. Ifan active fault is found, a structure for human occupancy cannot be placed over the trace of the fault and must be set back from the fault in accordance with the Califomia Public Resources Code. 3. The EIR Fails to Identify the Location of the Project in a Liquefaction Hazard Zone According to the Temecula General Plan, and as shown in the following figure, the area 7-120 underlying the proposed project is especially prone to liquefaction and has been mapped in a "liquefaction hazard zone" lhtto://www.citvoftemecula.or,,/citvhalllCommDev DivisionIPlanning/ 2:OundateIF inal%20 EIR/5 6%20Geologv%20and%20Soils.ndf, p. 5.6-4). . 2 . i I ,. . FJoLPl' 5.r",1 S.,bruit Hu.i.J~ ...... 1.r"!::r..sI~N"'ltltJJ~ _ r.....wHflIl'....111.... _._ l~aw~i"WS $rlwCnl rflall''' Ih~ _1'l~~~1ilIlhl1 C:J.,r;' ~ / ~ ;=::, j 'tuo.l".... ...... 'b.:- --",,- '" '-. '\ u , """ H '-1. , i8 i. , I J .:.~J~(J.,' t.,."..,.,. . . ;.~. . , ~ The EIR fails to discuss the geologic setting of the project and fails to identify the project's location within a liquefaction zone. A full DEIR should be prepared to identify that the area under that proposed hospital is prone to liquefaction and to identify specific ways in which these conditions can be mitigated. 4. The DEIR fails to Discuss 303(d) Impaired Water Body Listing of Nearby Waters Twelve miles of Murrieta Creek are listed on the 303(d) list as an impaired water body for phosphorous pollution. The San Diego Regional Water Quality Control Board has listed sources to include urban runoff and storm sewers, unknown nonpoint sources, and 7-120 Cont. 7-121 3 unknown point sources (htto:/ /www.waterboards.ca.lwv /tmdVdocs/2002rel!93 03dlist.DdO. Additionally, 18 miles of the Santa Margar.ita River, the primary drainage course within the Planning Area, are also listed as impaired for phosphorous from the same sources. The DEIR states that Murrieta Creek is one of two main tributaries to the Santa Margarita River: "The creeks drain the inland portion of the Santa Margarita River Basin and join with the Santa Margarita River at Temecula Canyon." (pg. 5.8-3) Although the Regional Board's TMDL priority is classified as "low" for Murrieta Creek, the potential for additional phosphorous contamination from the development project should be evaluated in the a revised DEIR. Urban runoff typically contains phosphorous as a main pollution component. Since potential exists for phosphorous contamination to travel downstream into the Santa Margarita River, further degrading its water quality, it is imperative that mitigation measures as specific BMPs be addressed within the DEIR that describe how phosphorous contamination will be prevented from entering the Murrieta Creek. Furthermore, the DEIR states that flooding of Murrieta Creek banks has occurred during times of heavy rain: "Frequent overtopping of the Murrieta Creek channel by floodwaters in a number of channel reaches, flood inundation of structures with attendant damages, and other water-related problems are caused during major rainstorms, resulting in increased emergency costs, automobile damage, and traffic disruption. Murrieta Creek has been altered since the late l800s and has been channelized for flood control purposes since the 1930s. Restoration of the natural functions of the creek is planned, including the banks, channel invert, tributaries and floodplain." (pg. 5.8-3) It is important that this flood potential be mitigated prior to development to protect water quality of Murrieta Creek and its tributaries. Flooding of the developed site can contribute urban contaminates to the creek, which include but are not limited to debris, oil, grease, herbicides, and nutrients from fertilizers such as phosphorous. Mitigation measures should be evaluated in the DEIR and implemented upon development. 5. Failure Achieve NPDES General Permit No. CAS000002 Requirements Applicants of construction projects disturbing one or more acres of soil are required to file for coverage under the State Water Resources Control Board (SWRCB), Order No. 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002 for Discharges of Storm Water Runoff Associated with Construction Activity (General Pennit). The proposed development is thus subject to the NPDES permit requirements. The General Permit also requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP should contain: . 7-121 Cont. e 7-122 . 4 I , , !. , . a site map which shows the construction site perimeter; . existing and proposed buildings, lots, roadways, storm water collection and discharge points; . general topography both before and after construction; I I I I , . . drainage patterns across the project. The SWPPP must list Best Management Practices (BMPs) the discharger will use to protect storm water runoff and the placement of those BMPs. The DEIR fails to meet the NPDES General Permit No. CAS000002 requirements and does not include a SWPPP, nor discuss specific mitigation BMPs. Additionally, the DEIR omits the discussion of post-construction stormwater management best management practices (BMPs) as required by Sections A of the SWPPP in accordance with NPDES General Permit. Given post-construction adverse impacts on water quality associated with the project's operation, such as anticipated water pollution due to increased traffic volumes, typical landscaping upkeep, and equestrian uses of trails, discussion of post -construction stormwater BMPs is critical to ascertain the effectiveness of these BMPs to mitigate such operational impacts and meet applicable water quality attainment objectives. 7-122 Cont. The DEIR omits the inclusion of water quality monitoring programs as required by Sections B of the SWPPP in accordance with NPDES General Permit. The NPDES permit requires that a SWPPP also include a sampling and analysis strategy and sampling schedule for discharges from construction activities that directly impact water bodies listed on the Regional Water Quality Control Board's Section 303(d) impaired water bodies list for sedimentation. Since both Murrieta Creek and Santa Margarita River are listed on the Regional Board's 303(d) list as impaired for phosphorous, a revised DEIR should be prepared to include a monitoring plan for the establishment of baseline water quality conditions, prior to construction, to evaluate and validate the effectiveness of the BMPs, to measure the effectiveness of the BMPs and avoid further degradation of the impaired waterways. 6. The DEIR Contains an Inadequate Water Supply Assessment . The project is subject to the requirements outlined by the California Water Code section 10910, also known as SB 610. This law requires that the public water system, which in this case is the Rancho California Water District (RCWD), prepare a Water Supply Assessment (WSA). This assessment is included as Appendix G within the DEIR. However the assessment is insufficient according to SB 610 and fails to meet the following requirements as outlined within the bill: Groundwater - Basin Description, PWS Pumping, and Sufficiency Analysis 10910. (f) If a water supply for a proposed project includes groundwater. the following additional information shall be included in the Water Supply Assessment: 7-123 5 (3) A detailed description and analysis of the amount and location of groundwater pumped by the public water system, or the city or county if either is required to comply with this part pursuant to subdivision (b), for the past five years from any groundwater basin from which the proposed project will be supplied. The description and analysis shall be based on information that is reasonably available, including, but not limited to, historic use records. (4) A detailed description and analysis of the amount and location of groundwater that is projected to be pumped by the public water system, or the city or county if either is required to comply with this part pursuant to subdivision (b) from any basin from which the proposed project will be. The DEIR explains that additional water supply for the project will be available via local groundwater sources: "To accommodate future developments such as the Temecula Regional Hospital, the RCWD intents to meet supply planning issues through a combination of the following alternatives: (1) Continued practice of managing groundwater levels through natural and artificial recharge via groundwater extracted using existing and planned RCWD-owned wells. . . " (pg. 4-34) However, the WSA does not include a "detailed description and analysis" of the most recent groundwater usage, including source locations and pumped volumes for the past five years, or provide a detailed description of projected water usage volumes, as mandated by points (3) and (4). Additionally, within the WSA (pg. 7) the following is stated regarding groundwater volume: "The amount of groundwater which can be produced varies due to such factors as rainfall, recharge area and amount and location of well pumping capacity." In the event of a drought with decreased surface water flows the WSA states that "increased groundwater extractions along with implementation of conservation and other measures" will makeup the difference. Without calculated projected groundwater volumes there is no way to guarantee that groundwater can be considered an adequate source. The DEIR needs to quantifY the range of variable groundwater volume and then evaluate the most conservative scenario to demonstrate quantitatively that water demand will still be achieved. . 7-123 e e 6 \. Sincerely, . . 7w~e I t~v<-~----- Matt 1:lagel1lan1l Lisa cuellar I , \ \ \ i \ " , \ \ \ \ ; , \ \ \. 7 _ -:........,...""r'~ ~'4:~ \h~l! il1,\ ;]=3 . Ii p'-" ~.! - . ~. mr.::Consu~~~and ': . S\Ipp(\lt~.iL!! "."; Matthew Hagemann Principal Regularary and Litigation Support Specialist Regulatory Compliance Investigation and Remediation Strategies Hydrogeologie Characterization Litigation Support Expert Witness Research Education:, M.S. Degree, Geolo!,'Y, California State University Los Angeles, Los Angeles. CA, ]984. B.A. Degree, Geology, Hwnboldt State University, Arcata, CA, 1982. Teaching Certificate, Science, University ofOregnn, Eugene. OR, 1987. Professional Exnerience: Matt has over 15 years of experience in key areas of envirorunental assessment and remediation. lie spent teu years with the U.S. EPA in the RCRA and Superfund programs and served as EPA's Senior Science Policy Advisot in the We.tem Regional Office where he identified emerging threats to groundwater from percWorate and MTBE. Wlule with EPA, Malt also served as a Senior Hydrogeologist in ensuring the rapid assessment of eight major military facilities undergQing base closure. He led numerous enforcement actions under provisions of RCRA while also working coopeIatively with permit holders to improve hydrogeologic characteriza[ion and water quality monitoring. _ Malt has worked closely with U.S. EPA legal counsel and the technical staff of several states in the application and enforcement of RCRA, Safe Drinking Water Act nod Clean \Vater Act regulations. Matt has trained the technical staff in the States of California, Hawaii, Nevada, Arizona and the Territory of Guam in the conduct of investigations, groundwater fundamentals, and sampling techniques. Positions Malt has held include: . Founding Partner and Senior Regulatory Analyst, SW APE; . Seniot Environmental Analyst. Komex H20 Science, Inc; . Executive Director, Orange Coast Watch; . Hydrogeologist, National Park Service, Water Resources Division; . Senior Science Policy Advisor and Hydrogeologisl. U.S. Environmental Protection Agency: . Adjunct Faculty Member, San Francisco State University, Department of Geosciences; . Instructor, College of Marin, Department ufScience; . Geologist, U.S. Forest Service; and . Geologist, Dames & Moore. Knowledge, Skills aDd Abilities _ Curriculum Vitae Matthew Hagemann ;~ , I ,Ie i I I. . i i. Senior Reeulatorv and Environmental Analvst: With SW APE, Matt's responsibilities have included: . Project manager and designated expert for litigation support under provisions of Proposition 65 in the review of releases of gasoline components to sources drinking water at major refIneries and hundreds, of gas stations throughout California. . Lead reviewer of environmental impact reports in identifying significant issues with regard to hazardous "'la5te, water quality and geologic hazards. . Liaison to Tn"baI EP A staff in assisting with their response to perchlorate contamination of the Colorado River and related drinking water supplies. With Komex H20 Science Inc., Matt's duties included the following: . Senior author of a report on the extent of perchlorate contamination that was used in testimony by the former U.S. EPA Administrator and General Counsel. . Senior researcher in the development of a comprehensive, electronically interactive chronology of MTBE use, research, and regulation. . Senior researcher in the deveLy........: of a comprehensive, electronically interactive clrronology of perchlorate use, research, and regulation. . Senior researcher in a study that estimates nationwide costs for MTBE remediation and drinking water treatment. . Research to support litigation to restore drinking water supplies that bave been contaminated by MTBE in California and New York. e Expert witness testimony for oil production~related contamination in Mississippi. . Lead author for a multi-volume remedial investigation report for an operating school in Los Angeles that met strict regulatory requirements and rigorous deadlines. . Development of strategic approaches for cleanup of contaminated sites in consultation with clients and regulators. Executive Director: Currently, as Executive Director with Orange Coast Watch, Matt leads efforts to restore water quality at Orange County beaches from multiple sources of contamination including urban runoff and the discharge of wastewater. In reporting to a Board of Directors that includes representatives from leading Orange County universities and businesses, Matt has prepared issue papers in the areas of treatment and disinfection of wastewater and control of the discbrge of grease to sewer systems. Matt has actively participated in the development of countywide water. quality pennits for the control of urban runoff and pennils for the discharge of waslewater. Matt has worked with othor nonprofits that have been effective in protecting and restoring water quality, including Surfrider, Natural Resources Defense Council and Orange County CoastKeeper as well as with business institutions including the Orange County Business Council. Matt also manages the publication of a widely read weekly newsletter, the Orange County Water Quality News (www.ocwatch.orQ't Hvdrol!eolo~v: As a Senior Hydrogeologist with the U.S. Environmental Protection Agency, Matt led investigations to characterize and cleanup closing military bases, including Mare Island Naval Shipyard, Hunters Point Naval Shipyard, Treasure Island Naval Station, Alameda Naval Station. Moffett Field, Mather Army Airfield, and Sacramenlo Army Depot. Specific activities were as follows: Curriculum Vitae 2 Matthew Hagemann . Led efforts to model groundwater flow and contaminant transport. ensured adequacy of monitoring networks, and assessed cleanup alternatives for contaminated sediment, soil, and b'foundv,rater. . Initiated a regional program for evaluation of groundwater sampling practices and laboratory analysis at military bases. . Identified emerging issues, wrote technical guidance, and assisted in policy and regulation development through work on four national U.S. EP A workgroups, including the Superfund Groundwater Technical Forum. _ At the request of the State of Hawai~ Matt developed a methodology to determine the vulnerability of groundwater to contamination on the islands of MaUl and Oahu. He used analytical models and a GIS to show zones of vulnerability, and the results were adopted and nublished by the State of Hawaii and County ofMaui. As a hydrogeologist with the EPA Groundwater Protection Section, Matt worked with provisions of the Safe Drinking Water Act and NEPA to preveot drinking water contamination. Specific activities included the following: . Received an EP A Bronze Medal for his contribution to the development of national lmidance fOT the orotection of drinkinQ' water. . Managed the Sole Source Aquifer Program and protected the drinking water of two connnunities through designation under the Safe Drinking Water Act. He prepared geologic reports, conducted public hearings, and resp~nded to public comments from residents who were very concerned about the impact of designation. . Reviewed a number of Environmental Impact Statements for planned major developments, including large hazardous and solid waste disposal facilities. mine reclamatio~ and water transfer. Matt served as a hydrogeologist with the RCRA Hazardous Waste program. Duties were as follows: _ . Supervised the hydrogeologic investigation of hazardous waste sites to determine compliance with Subtitle C requirements. . Reviewed and wrote "part B" permits for the disposal ofhnzardous waste. . Conducted RCRA Corrective Action investigations of waste sites and led inspections thaI fonned the hasis for significant enforcement actions that were developed in close coordination with U.S. EPA legal counsel. . Wrote contract specifications and supervised contractor's investigations of waste sites. With the National Park Service, Matt directed service-wide investigations of contaminant sources to prevent degradation of water quality, including the following tasks: . Applied pertinent laws and regulations including CERCLA, RCRA. NEPA, NRDA, and the Clean Water Act to control military, mining, and landfill contaminants. . Conducted watershed-scale investigations of contaminants at parks, including Yellowstone and Olympic National Park. . Identified high-levels of perchlorate in soil adjacent to a national park in New Mexico and advised park superintendent on appropriate response actions under CERCLA, . Developed a program to conduct environmental compliance audits of all National Parks while serving on a national workgroup. . Co-authored two papers on the potential for water contamination from the operation of personal watercraft and snowmobiles, these papers serving as the basis for the devel'-'t'u....... of nation-wide policy on the use of these vehicles in National Parks. . Contributed to the Federal MlIlti-,A.lJenc:, Source Water Aureement under the Clean Water Action Plan. _ Curriculum Vitae 3 Matthew Hagemann . . . Policv: Served senior management as the Senior Science Policy Advisor with the U.S. Environmental Protection Agency, Region 9. Activities included the following: . Advised the Regional Administrator and senior management on emerging issues such as the potential for the gasoline additive MTBE and anunonium perchlorate to contaminare drinking water supplies. . Shaped EPA's national response to these threats by serving on workgroups and by contributing to guidance, including the Office of Research and Development publication, Oxwenates in Water: Criticallnronnatinnand Research N eeels. . Improved the technical training of EPA's scientific and engineering staff. . Earned an EPA Bronze Medal for representing the region's 300 scientists and engineers in negotiations with the Administrator and senior management to better integrate scientific principlcs into the policy-making process. . Established national protocol for the peer review of scientjfic documents. Geolo2:v: With the U.S. Forest Service. Matt led investigations to detennine hillslope stability of areas proposed for timber harvest in the central Oregon Coast Range. Specific activities were as follows: . Mapped geology in the field, and used aerial photographic interpretation and mathematical models to determine slope stability. . Coordinated his research with community members who were concerned with natural resource protection. . Characterized the geology of an aquifer that serves as the sole somee of drinking water for the city of Medford, Oregon. As a consultant with Dames and Moore. Matt led geologic investigations of two contaminated sites in the Portland, Oregon, area and a large hazardous waste site in eastern Oregon. Duties included the fonowing: . Supervised year-long effort for soil and groundwater sampling. . 'Conducted aquifer tests. . Investigated active faults beneath sites proposed for hazardous waste disposal. Teachinp:. From 1990 to 1998, Matt taught at least one course per semester at the conununity college and univcrsity levels: . At San Francisco State University, held an adjunct faculty position and taught courses in environmental geology, oceanography (lab and lecture), hydrogeology, and groundwater contamination. . Served as a conunitlee member for graduate and undergraduate students. . Taught courses in enviromnental geology aild oceanography at the College of Marin. Rennrts. Paoers and Presentations: Hagemann, M.F., 2003. Perchlorate Contamination bfthe Colorado River: A Dam Mess. Invited presentation to a meeting of tribal repesentatives, Parker AZ. Hagemann, M.F., 2003. Impact of Perchlorate on the Colorado River and Associated Drinking Water Supplies. Invited presentation to the Inter.Tribal Meeting, Torres Martinez Tribe. Hagemann, M.F., 2003. The Emergence of Perchlorate as a Widespread Drinking Water Contaminant. Invited presentation to the U.S. EP A Region 9. Curriculum Vitae 4 Matthew Hagemann e Hagemann, M.F.. 2003. A Deductive Approach to the Assessment of Perchlorate Contamination. Invited ~."__tion to the Califomia Assembly Natural Resources Corrunillee. Hagemann, M.F., 2003. PerchIoraie: A Cold War Legacy in Drinking Water. Presentation to a meeting of the National Groundwater Association. Hagemann, M.F., 2002. From Taok to Tap: A Chronology ofMTBE in Groundwater. Presentation to a meeting of the National Groundwater Association. Hagemann, M.F., 2002. An Estimate of the Cost to Address MTBE Contamination in Groundwater (and Who Will Pay). Presentation to a meeting of the National GlOundwater Association. Hagemann, M.P., 2002. An Estimate of Costs to Address MTBE Releases from Underground Storage Tanks and the Resulting Impact to Drinking Water Wells. Presentation to a meeting of the U.S. EPA and State Underground Storage Tank Program managers. Hagemann, M.F., 2001. From Tank to Tap: A Chronology ofMTBE in Groundwater. Unpublished report. Hagemann, M.F., 2001. Estimated Cleanup Cost for MTBE in Groundwater Used as Drinking Water. Unpublished report. Hagemann, M.F., 2001. Estimated Costs to Address MTBE Releases from Leaking Underground Storage Tanks. Unpublished report. Hagemann, M.F., and VanMouwerik, M., 1999. Potential Water Quality Concerns Related to Snowmobile Usagc. Water Resources Division. National Park Service, Tee.hnical Report. . VanMouwerik, M. and Hagemann, M.F. 1999, Water Quality Concerns Related to Personal Watercraft Usage. Water Resources Division, National Park Service, TecInrica] Report. Hagemann, M.F., 1999, Is Dilution the Solution to Pollution in National Parks'! The George Wright Society Biannual Meeting, Asheville, North CalOlina. Hagemann, M.F., ]997, The Potential for MTBE to Contaminate Groundwater. U.S. EPA Superfund Groundwater T ecInrical Forum Annual Meeting, Las Vegas, Nevada. Hagemann, M.F., and Gill, M., 1996, Impediments to Intrinsic Remediation, Moffett Field Naval Air Station, Conference on Intrinsic Remediation of Chlorinated Hydrocarbons, Salt Lake City. Hagemann, M.F., Fukunaga, G.L., 1996, The Vulnerability of Groundwater to Anthropogenic Contaminants on the Island ofMaui, Hawaii. Hawaii Water Works Association Annual Meeting, MauL October 1996. Hagemann, M. F., Fukanaga, G. L., 1996, Ranking Groundwater Vulnerability in Central Oahu, Hawaii. Proceedings, Geographic Information Systems in Environmental Resources Management, Air and Waste Management Association Publication VIP-61. . Curriculum Vitae 5 Matthew Hagemann I. , i ! i. I ! . Hagemann, M.F., 1994. Groundwater Characterization and Cleanup at Closing Military Bases in California. Proceedings, California Groundwater Resources Association Meeting~ Hagemann, M.F. and Sabol, M.A., 1993. Role of the U.S. EPA in the High Plains States Groundwater Recharge Demonstration Program. Proceedings, Sixth Biennial Symposium on the Artificial Recharge of Groundwater. Hagemann, M.F., 1993. U.S. .EPA Policy on the Technical Impracticability of the Cleanup of DNAPL- contaminated Groundwater. California Groundwater Resources Association Meeting., Hagemann, M.F., 1992. Dense Nonaqueous Phase Liquid Contamination of Groundwater: An Ounce of Prevention... Proceedings. AssoCiation of Engineering Geologists Annual Meeting, v. 35. Curriculum Vitae 6 Matthew Hagemann e Comments on Air Quality Draft Environmental Impact Report . TEMECULA REGIONAL HOSPITAL CITY OF TEMECULA, CALIFORNIA Prepared by Petra Pless, D.Env. Leson & Associates (415) 492-2131 i I i I I I .r , ! ,. October 27,2005 e Table of Contents I. THE PROJECT IS INCONSISTENT WITH THE GENERAL PLAN...............2 II. PROJECT DESCRIPTION AND ENVIRONMENTAL Sl'.lllNG ARE INADEQUATE ....................................................................,..........................,...........3 II.A Project Construction Schedule And Equipment Insufficiently Described..........................................................................................................3 H.B No Grading Plan Or Cut-And-Fill Analysis ...............................................4 H.C Mechanical Equipment Not Adequately Described ..................................4 H.D Insufficient Information To Evaluate Cumulative Impacts......................5 II.E Particulate Matter Ambient Air Quality Standards Not Correctly Identified ....... ........... ........................ ......... ..... ...... ............................................6 II.F PM2.5 Emissions Not Analyzed ...................................................................7 H.G No Health Risk Assessment Included..........................................................7 III. THE DRAFf EIR IMPROPERLY DEFERS DEVELOPMENT OF MITIGATION PLANS AND MITIGATION MEASURES ARE NOT ENFORCEABLE .........................................................................................................8 e IV. CONSTRUCTION EMISSIONS ARE UNDERESTIMATED ..........................8 IV.A Incorrect Construction Period Used For Emissions Estimates.................8 IV.B Model Default Values Not Acceptable ......................................................10 IV.C Fugitive Dust Emissions From Wind Erosion And Trackout Not Included..........................................................................................................10 V, OPERATIONAL EMISSIONS ARE UNDERESTIMATED............................lI V.A Emissions Sources Omitted.........................................................................11 V.B Emissions From Natural Gas Usage Not Included ..................................12 V.C Incorrect Target Year Results In Underestimate Of Vehicle Emissions........................................................................................................12 V.D Traffic Emissions Underestimated .............................................................13 V.E Secondary Emissions From Electricity Generation Not Included .........13 VI. INCREASED OZONE FORMATION DUE TO URBAN HEAT ISLAND EFFECT IS NOT ANALYZED...............................................................................14 e i !. I VII. ADDITIONAL MITIGATION IS FEASIBLE ....................................................14 VIl.A Additional Feasible Construction Mitigation...........................................15 VIl.A.1 Fugitive Dust Mitigation Measures............................................ 15 VIl.A.2 Diesel Exhaust Mitigation Measures.......................................... 19 VlLA.2.a CARB-certified Construction Equipment................ 20 VlLA.2.b Post-combustion Controls.......................................... 21 VlLA.2.c PuriNOx....................................................................... 23 VILB Additional Feasible Operational Mitigation.............................................24 VlLB.1 Operational Traffic Mitigation Measures.................................. 25 VIl.B.2 Operational Area Mitigation Measures..................................... 27 VIl.B.3 Mitigation For Urban Heat Island Effect ...................................29 VlLB.3.a Reduction Of Standard Paving By 20% ...................29 VILB.3.b Use Of Energy Star Roof Products............................ 30 VIII. CONCLUSION ,.........,.............................................................."...."..".....,..............33 , i I I. ! List of Tables Table 1: Project Construction Phases................................................................................... 9 List of Exhibits Exhibit 1: URBEMIS2002 Modeling Output for 36-month Construction Period and Vehicle Emissions Target Year 2009 . ii e COMMENTS The City of Temecula ("City") as the Lead Agency under the California Environmental Quality Act ("CEQA") has prepared a Draft Environmental Impact Report! ("Draft EIR") for the proposed Temecula Regional Hospital ("Project"). The proposed Project consists of a General Plan amendment, Zone Change, Development, Plan, Conditional Use Permit ("CUP"), and a Tentative Parcel Map to allow the development of a proposed regional hospital to serve the City of Temecula and surrounding area. The Project includes construction of a 408,160-square foot, 2-tower hospital complex containing approximately 320 beds, two medical offices totaling aYYLuAimately 14,000 square feet, a 10,000-square foot cancer center, an 8,000-square foot fitness rehabilitation center, and a helipad. Total building area is approximately 566,160 square feet on the 35.51 acre site. Approximately 1,278 parking spaces will be provided on surface lots. The Project will be constructed in five phases. (Draft EIR pp. 3-4 through 3-8.) 7-124 CEQA has two basic purposes, neither of which this Draft EIR satisfies. First, e CEQA is designed to inform decision makers and the public about the potential, significant environmental effects of a project before any decisions are made. (14 Cal. Code Regs. ("CEQA Guidelines") Section 15002(a)(1).) A Draft EIR is the "heart" of this requirement. (No Oil, Inc. v. City of Los Angeles (1974) 13 Cal. 3d 68, 84 [118 Cal. Rptr. 34].) The EIR has been described as "an environmental 'alarm bell' whose purpose it is to alert the public and its responsible officials to environmental changes before they have reached ecological points of no return." (County of In yo v. Yorty (1973) 32 Cal. App. 3d 795, 810 [108 Cal. Rptr. 377].) To achieve this goal, an EIR must contain facts and analysis, not merely bare conclusions. (See Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal. 3d 553, 568.) Second, CEQA directs public agencies to avoid or reduce environmental damage when possible by requiring alternatives or mitigation measures. (CEQA Guidelines g15002(a)(2) and (3). See also Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal. 3d 553, 564 [276 Cal.Rptr. 410, 416]; Laurel Heights Improvement Ass'n v. Regents of the University of California (1988) 47 Cal. 3d 376, 400 [253 Cal. Rptr. 426,436]).) CEQA section 21002 requires agencies to adopt feasible mitigation measures in order to substantially lessen or avoid otherwise significant 1 City of Temecula, Draft Environmental Impact Report, Temecula Regional Hospital, SCH# 2005031017, September 26, 2005. e . Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 adverse environmental impacts of a proposed project. (See Pub.Res.Code 921081(a); CEQA Guidelines 915370.) To effectuate this requirement, EIRs must set forth mitigation measures that decision makers can adopt at the findings stage of the process. (CEQA Guidelines 915126(c).) For each significant effect, the EIR must identify specific mitigation measures. Where several potential mitigation measures are available, each should be discussed separately and the reasons for choosing one over the other should be stated. (CEQA Guidelines 915126(c).) Mitigation measures should be capable of "avoiding the impact altogether," "minimizing impacts," 7-124 "rectifying the impact," or "reducing the impact." (CEQA Guidelines 915370.) Public C t agencies must deny approval of a project with significant adverse effects when on . feasible alternatives and mitigation measures can substantially lessen such effects. (Sierra Club v. Gilroy City Council, 222 Cal. App. 3d 30, 41 (1990).) The comments below provide an analysis of the Draft EIR's failure to meet these requirements of CEQA The Draft EIR should be revised to address these issues and be recirculated for public review. I. THE PROJECT IS INCONSISTENT WITH THE GENERAL PLAN . The Draft EIR finds a number of significant and unavoidable impacts, necessitating the adoption of a Statement of Overriding Considerations ("Sec") should the City certify the Final EIR and approve the proposed Project. (Draft EIR, p. 1-7.) The City of Temecula's General Plan requires that" air quality impacts associated with development projects [be] mitigated to the greatest extent feasible." (General Plan, p. AQ-10, Policy 2.4, emphasis added.) Specifically, the General Plan requires that the City "[a]pprove development that could significantly impact air quality, either individually or cumulatively, only if it is conditioned with all reasonable mitigation measures to avoid, minimize, or offset the impact." (General Plan2, p. AQ-13, emphasis added.) As discussed in Comment VII, the Draft EIR fails to incorporate all mitigation measures recommended by the General Plan to reduce adverse effects on air quality. In addition, as discussed in Comments VILA and VILB, numerous other feasible and reasonable mitigation exist that could reduce the Project's significant impacts on air quality. Therefore, the Draft EIR is inconsistent with the General Plan. 7-125 . 2 City of Temecula, General Plan, adopted April 2005. Page 2 Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 e II. PROJECT DESCRIPTION AND ENVIRONMENTAL Sr.l1JNG ARE INADEQUATE An accurate and complete Project description is the heart of an EIR and is necessary for an intelligent evaluation of the potential environmental impacts of a project. As explained in the discussion following Section 15124 of the CEQA Guidelines,3 an EIR must describe the proposed project "in a way that will be meaningful to the public, to the other reviewing agencies, and to the decision- makers..." The state court of appeal declared that "[a]n accurate, stable and finite project description is the sine qua non of an informative and legally adequate EIR" (County of lnyo v. City of Los Angeles (1977) 71 Cal. App. 3d 185, 192 [139 Cal. Rptr. 396,401].) In contrast, "[a] curtailed, enigmatic or unstable project description draws a red herring across the path of public input." (ld., at 197-98; see also, CEQA 915124; City of Santee v. County of San Diego, 263 Cal. Rptr. 340 (1989).) As one analyst has noted: The adequacy of an EIR's project description is closely linked to the adequacy of the EIR's analysis of the project's environmental effects. If the description is inadequate because it fails to discuss the complete project, the environmental analysis will probably reflect the same mistake. (Kostka and Zischke, "Practice Under the California Environmental Quality Act," p. 474 (8/99 update).) 7-126 e As discussed in the following comments, the DEIR fails to describe the Project and its environmental setting accurately and completely. It omits key project features that have the potential to result in significant impacts. As a result, potentially significant environmental impacts were not adequately analyzed or addressed by the Draft ElR Therefore, the Draft EIR is fatally deficient under CEQA. II.A Project Construction Schedule And Equipment Insufficiently Described The Draft EIR fails to include a detailed construction schedule with the list of equipment that will be used, the horsepower of each piece of equipment, the hours of operation, the type of fuel used, the length and timing of the individual 7-127 construction phases, and so forth. Further, the Draft EIR contains no information regarding the expected timing of completion of each of the major project phases as well as the buildout horizon for the entire Project. This information is typically provided in an EIR but was not. Without this information, emissions resulting from 3 California Code of Regulations, Title 14, Sees. 15000et seq. ("CEQA Guidelines"). e Page 3 . Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 construction cannot be accurately estimated. As discussed in Comment IV.B, the Draft EIR uses mostly default assumptions to model construction emissions, which may considerably underestimate emissions. II,B No Grading Plan Or Cut-And-Fill Analysis . The Initial Study for the Project finds no significant impacts with respect to geology and soils, relying on a geotechnical investigation conducted for the Project. The Initial Study fails to include this study for public review. According to the Initial Study, the geotechnical investigation recommends over-excavation up to 24 inches below existing grade and recompaction for support of building slabs and pavement. (Appx. A, NOP /Initial Study, p. 16 through 18.) Yet, neither the Draft ElR nor the Initial Study contains a grading plan or any other information regarding the amount of cut and fill necessary for development of the site or the projected amount and location of spoils, if any. Review of the Draft EIR's emissions modeling suggests that only some minor amount of material will have to be im/ exported4. This suggests that the Draft ElR largely relies on balancing the amount of cut and fill of native soil on site with no additional import of fill material or export of excess cut material. Yet neither the Initial Study nor the Draft EIR contains any information demonstrating that cut and fill can, in fact, be balanced on site. This information is typically derived from a grading plan, which would ordinarily be provided in an EIR but was not. If cut and fill can not be balanced on site, material would have to be imported or exported, which causes additional emissions. II.C Mechanical Equipment Not Adequately Described The Project requires a variety of mechanical equipment including heating and air conditioning equipment, emergency generators, boilers, and so forth. None of this equipment is described with any detail in the Draft ElK Draft EIR provides only the following vague statement: "A truck loading area and facilities plant will be located at the eastern edge of the hospital, south of the helipad. This area provides infrastructure needed to support the hospital, such as a loading dock, cooling tower, generators, transformers, a fuel tank, and a bulk oxygen storage area." (Draft EIR, p. 3-4.) Review of the Project site plan indicates three cooling towers, two emergency generators, two transformers, and a fuel tank located in the mechanical yard. (Draft EIR, p. 3-5, Figure 3-2.) The Draft EIR's noise impact analysis further indicates that . 4 URBEMIS2002 modeling assumes 18 vehicle miles traveled ("VMT") for 00 -road truck travel during the grading phase, suggesting a minimal im/ export of materials, approximately 2500 cubic yards based on the program's default values. This small amount of material is most likely export of existing pavements, utilities, and other deleterious material that has to be removed from the site. Page 4 7-127 Cont. 7-128 7-129 Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 the mechanical equipment room, which is proposed to be located inside the Phase IB hospital building, adjacent to the mechanical yard, will contain pumps, chillers, and boilers. Air conditioning and refrigeration units and their associated inlet and outlet exhaust systems will be located on the hospital's rooftop. (Draft ErR, p. 4-63.) This limited information, scattered over several chapters of the Draft ErR, is entirely inadequate to determine emissions and resulting environmental impacts from operation of the mechanical equipment. A complete and accurate project description must include the fuel, firing rate, and number of boilers; the capacity for the two emergency generators; the type and efficiency of the proposed pollution control equipment; the circulating water flow and total dissolved solids ("IDS") content of the cooling water; the drift rate of the cooling towers; and the information required to model these sources, e.g., stack location, height, diameter, exhaust gas flow rate, temperature, and so forth. Without knowledge of these characteristics, it is impossible to determine emissions from this equipment and, in fact, they were not included in the operational emissions estimates for the Project. (See Comment V.A.) n.D Insufficient Information To Evaluate Cumulative Impacts Section 15130(a) of the CEQA Guidelines requires a discussion of cumulative impacts of a project" ... when a project's incremental effect is cumulatively considerable." The Draft ErR finds significant and unavoidable impacts of the Project on air quality and, thus, also significant and unavoidable cumulative impacts. The Draft ErR evaluates impacts "based primarily on 21 related projects identified by the City of Temecula." For a description of 17 of these projects, the Draft EIR relies on a 2002 traffic impact analysis for another project, the Apis Plaza. Rather than providing a summary of these projects in the cumulative impacts analysis section, the Draft EIR refers the reviewer to the traffic impact analysis contained in Appendix D for further information. Yet Appendix D does not contain any information beyond the name and proposed uses of these projects and their projected trip generation; it claims that the Apis Plaza Traffic Impact Analysis is contained in its Appendix E, but the Initial Study failed to include this document. Further, the Draft ErR claims that four additional projects were supplemented, yet it fails to supply any information on these projects. (Draft EIR, p. 6-1 and Appx. D, p. 9.) The Draft EIR contains no information for any of these 21 projects, for example the time period over which they will be constructed, their expected buildout, or the air quality impacts resulting from their construction or operation In short, the information provided in the Draft ErR is entirely inadequate to assess the cumulative impacts on air quality resulting from the Project. Page 5 e 7-129 Cont. . 7-130 e e Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 n.E Particulate Matter Ambient Air Quality Standards Not Correctly Identified Particulate matter is emitted from two sources, engine exhaust and fugitive dust. The health impacts of particulate matter depend on its size, and the size depends on its source. Combustion sources, such as vehicle exhaust, predominantly emit particulate matter with an aerodynamic diameter of less than or equal to 2.5 micrometers ("PM2.5"), while fugitive dust consists predominantly of particulate matter less than 10 micrometers ("PM10"). Historically, health impacts due to particulate matter were regulated through ambient air quality standards for PM10. However, a substantial amount of important new research has been published, documenting new health impacts at much lower concentrations and for different size fractions of particulate matter than was previously known and reflected in ambient air quality standards. (U.S. EP A 04/96;5 U.s. EPA 03/01.6) 7-131 . This new research documents that the inhalation of particulate matter, particularly the smallest particles, causes a variety of health effects, including. premature mortality, aggravation of respiratory (e.g., cough, shortness of breath, wheezing, bronchitis, asthma attacks) and cardiovascular disease, declines in lung function, changes to lung tissues and structure, altered respiratory defense mechanisms, and cancer, among others. (U.S. EP A 04/96; 61 FR 65638.7) A recent article linked long-term exposure to combustion-related fine particulate air pollution to cardiopulmonary and lung cancer mortality.s Particulate matter is a non-threshold pollutant, which means that there is some possibility of an adverse health impact at any concentration. (See American Trucking v. EPA: Unjustified Revival of the Nondelegation Doctrine, 23-SPG Environs Envtl. L & Pol'y J. 17, 26.) This new information led the U.S. Environmental Protection Agency ("U.S. EP A") and the State of California to propose new ambient air quality standards for PM2.5. These standards are not subsets of the old PMI0 standards, but new standards for a separate pollutant with distinguishable impacts. The new annual 5 u.s. Environmental Protection Agency, Air Quality Criteria for Particulate Matter, Report EPA/600/P-95-Q01aF through 001cF, April 1996. . 6 U.S. Environmental Protection Agency, Air Quality Criteria for Particulate Matter, Second External Review Draft, March 2001. 7 National Ambient Air Quality Standards for Particulate Maller: Proposed Decision, Federal Register, v. 61, no. 241. December 13, 1996, pp. 65638-65675. 8 A.A. Pope et al., Lung Cancer, Cardiopulmonary Mortality, and Long-term Exposure to Fine Particulate Air Pollution, Journal of the American Medical Association, v. 287, no. 9, pp. 1132-1141. Page 6 Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 PM2.5 standard of 12 Jlg/ m3was adopted by the California Air Resources Board ("CARB") on June 20, 2002 and became effective on June 5, 2003, more than two years before the Draft EIR was published. (Voting on the proposed 24-hour-average PM2.5 standard of 25 Jlg/m3 has been deferred by CARB.9) At the same time, California lowered its annual PM10 standard from 30 Jlg/m2 to 20 Jlg/m3. (CARB 09/0510.) The Draft EIR also failed to acknowledge this new, lower standard for PM10. (Draft EIR, Table 4-1.) Consequently, the Draft EIR failed to accurately characterize the regulatory setting for the Project. II.F PM2.5 Emissions Not Analyzed The Draft EIR does not include an analysis of the Project's impacts on ambient air quality resulting from PM2.5 emissions. This is a significant and inexcusable omission because the South Coast Air Basin ("SoCAB"), where the Project is located, frequently does not meet the federal or State ambient air quality standards for PM2.5. The Draft EIR should be revised to include an analysis of PM2.5 emissions from Project construction and operation and resulting impacts on air quality and human health. II.G No Health Risk Assessment Included The Draft EIR identifies several sensitive receptors in the vicinity of the Project including residential developments surrounding the site; nine primary schools, two middle schools, and three high schools within two miles of the Project site; and two parks within two miles of the Project site. (Draft EIR, p. 4-21.) Yet the Draft EIR contains no health risk assessment analyzing the potential health risks for these sensitive receptors resulting from Project construction or operational emissions. Potentially adverse health impacts likely result from toxic air contaminant emissions, including PM2.5, from diesel combustion engines such as emissions from operation of the emergency generators and the diesel trucks that access the loading dock. The Draft EIR should be revised to include a health risk assessment. 9 California Air Resources Board (CARB) and Office of Environmental Health Hazard Assessment (OEHHA), Draft Proposal to Establish a 24-hour Standard for PM2.5, Public Review Draft, March 12, 2002. 10 California Air Resources Board, Review of the Ambient Air Quality Standards for Particulate Maller and Sulfates, http://www.arb.ca.gov/research/aaqs/std-rs/std-rs.htm. accessed October 26, 2005. Page 7 . 7-131 Cont. 7-132 . 7-133 e . Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 m. THE DRAFT EIR IMPROPERLY DEFERS DEVELOPMENT OF MmGATION PLANS AND MITIGATION MEASURES ARE NOT ENFORCEABLE CEQA generally requires that all mitigation measures be adopted simultaneously with, or prior to, project approval (State CEQA Guidelines Section 15192). An agency may defer preparation of a plan for mitigation only when the agency commits itself to satisfying specified performance standards that will ensure the avoidance of any significant effect from implementation of its mitigation measures. Here, the Draft EIR improperly defers the development of most of its mitigation plans into the future without specifying any performance measures, including: . ? Location of the staging area for construction (AQ-1); ? Transportation Demand Management Plan (AQ-2; ? Landscape Plan (AQ-4); ? Watering Program (AQ-6); and ? Fugitive Dust Control Program (AQ-7). 7-134 Further, several of the mitigation measures (e.g., temporary landscaping, clean-fueled vehicles, construction equipment energy efficiency) required by the Draft ErR are worded ambiguously, e.g., "may require," "when feasible," or "reasonably possible," which renders them unenforceable as a practical matter. (Draft EIR, p. 4-26 to 4-29.) The Draft ErR must specify specific performance measures and reasons for rejection of these measures if found not feasible or appropriate. IV. CONSTRUCTION EMISSIONS ARE UNDERESTIMATED The Draft EIR finds significant impacts after implementation of its proposed mitigation measures for ROG and NOx. As discussed below, the Draft EIR's air quality analysis considerably underestimates emissions from construction activities and thereby fails to adequately disclose impacts on air quality from Project construction. If these problems are corrected, emissions of CO and PM10 will likely also exceed applicable significance thresholds. 7-135 IV .A Incorrect Construction Period Used For Emissions Estimates . The Draft EIR indicates that construction of the Project will occur in five phases as summarized in Table 1. (Draft ErR, pp. 3-7 and 3-8.) 7-136 Page 8 Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 Table 1: Project Construction Phases Phase Activity Period IA ? Grading ? Demolition of existing buildings ? Construction of 3 -story, 60,000-square foot medical office 10 months building ? Construction of surface parking IB ? Construction of l-story, 162,650-square foot main hospital structure 14 months ? Construction of 6-story, 122,755-square foot bed tower ? Construction of associated parking- II ? Construction of 5 -story, 122,755-square foot bed tower III ? Construction of 4-story, BO,OOO-square foot medical office building ? Construction of hospital connector 12 months IV ? Construction of l-story, lO,OOO-square foot cancer center (II-V concurrent) ? Construction of associated parking V ? Construction of 8,000 square foot fitness center ? Construction of jogging trail ------- - ~. Total 36 months Construction of all phases is projected to last a maximum of 36 months if the proposed construction phases (IA, IB, and II-V) are conducted subsequently. In contrast, the Draft EIR's construction emissions estimates were based on a 60-month construction period, starting in January 2006 and terminating in December 2010. (Draft ElR, p. 4-24, Footnote to Table 4-5 and Appx. B, p. 2.) By stretching construction emissions over a period of 60 months rather than the actual proposed 36-month construction period, the Draft EIR considerably underestimates maximum daily emissions and, thus, considerably underestimates air quality impacts from Project construction. In fact, construction of the Project could even be shorter than 36 months because nothing in the Draft EIR's language restricts the Applicant to the staggered constructi"on phasing. (See Comment ILA) If more than the specified construction phases would be conducted concurrently, even greater emissions would occur. I ran the URBEMlS2002 model assuming a construction build out of 36 months and otherwise accepting all of the Draft ElR's assumptions. Results are included in Exhibit 1. Maximum daily ROG emissions increase considerably from 224lb/ day to 344lb/ day. Therefore, the Draft EIR failed to disclose the magnitude of impacts associated with Project construction. The Draft EIR should be revised to include a construction schedule showing the projected start of the various construction phases and their expected buildout. The Draft EIR's air quality analysis must be corrected accordingly. Page 9 e e 7-136 Cont. . i. Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27, 2005 IV.B Model Default Values Not Acceptable The Draft EIR's construction emissions estimates largely assume URBEMIS2002 default values, which may substantially underestimate the Project's real emissions. For example, the Draft EIR assumes the default factor for average fugitive dust emissions from grading of 0.11 ton/ acre-month. By accepting the default value for average conditions, the Draft EIR fails to evaluate the potential worst case, as is customary for CEQA analyses. The default factor for worst-case condition is 0.42 ton/ acre-month. (URBEMIS 04/0511, p. A-7.) Therefore, the Draft EIR may have underestimated potential worst-case conditions during grading of the Project by a factor of almost four. Further, use of this default value is only suggested when no other information is available the area and duration of grading are known. Typically, for a Project of this size, the amount of cut/fill would also be known. (See Comment II.B.) . Another example is the assumption of only 8 hours of construction per day. This assumption directly conflicts with the Draft EIR's statement that "construction activity will occur only between 6:30 A.M. and 6:30 P.M., Monday through Friday and 7:00 A.M. and 6:30 P.M. on Saturday. (Draft EIR, p.4-53). Although the DEIR makes this statement, it should be noted that the document contains no enforceable restrictions on the hours of construction per day and, thus, construction may be conducted for more than the 8 hours per day assumed in the air quality section and more than the 12 hours per day claimed in the noise section of the document. An increase of hours of operation from 8 to 12 hours per day or more would considerably increase the potential daily emissions from the Project. The Draft ElR must either contain an enforceable mitigation measure limiting the permissible hours of construction to the assumed 8 hours per day or it must adjust its emissions estimates accordingly. IV.C Fugitive Dust Emissions From Wind Erosion And Trackout Not Included The Draft EIR indicates that grading of the entire 35.31-acre site will occur during Phase lA, ~xposing those portions of the site, which will be developed in later phases (phase IE through V) to wind erosion for an extended period of time. (Draft EIR, p. 3-7.) The URBEMIS2002 emissions modeling used by the Draft EIR to estimate Project construction emissions includes fugitive dust emissions associated i. 11 Software User's Guide: URBEMIS 2002 for Windows with Enhanced Construction Module, April 2005. Page 10 7-137 7-138 Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 with grading but does not account for wind erosiori12, which can be a substantial contributor to fugitive dust from construction sites, particularly in summer-dry climates such as the SoCAB. Further, the URBEMIS2002 emissions modeling does not account for mudl dirt trackout from the site. Consequently, the Draft EIR does not disclose the full impact of fugitive dust PMIO emissions from Project construction. Fugitive dust emissions due to wind erosion and trackout can be calculated using guidance developed by the U.S. Environmental Protection Agency ("U.s. EPA"). (AP-42, Sec. 13.2.513; EPA 450/3-88-00814.) V. OPERATIONAL EMISSIONS ARE UNDERESTIMATED The Draft ElR's air quality impact analysis considerably underestimates operational emissions from the Project because it omits emission sources, uses inadequate trip generation rates, and fails to include secondary emissions from electricity generation. The Draft EIR finds total operational NOx emissions of 94.5 lb 1 day, only 5.5lb 1 day below the SCAQMD's significance threshold of 100 Ib 1 day. This NOx significance threshold will likely be exceeded when taking into account the omitted emission sources, adequate trip generation rates, and secondary emissions from the Project. Similarly, PMIO emissions, currently estimated at 1231bl day, may exceed the SCAQMD's significance threshold of 150 Ibl day. As a result, the Draft EIR fails to disclose and adequately mitigate significant impacts due to operational emissions of PMIO and NOx. The Draft EIR should be revised to address these issues and be recirculated for public review. V.A Emissions Sources Omitted The Draft EIR's air quality impact analysis is based on emissions calculated with the URBEMIS2002 model. The model calculates area source emissions from traffic generated by the Project and emissions from natural gas usage, hearths, landscaping, consumer products, and architectural coatings and operational traffic 12 The URBEMIS2002 fugitive dust emissions estimates are based on a methodology developed for the SCAQMD by the Midwest Research Institute ("MRI"). (URBEMIS 04/05, p. A-6.) The MRI study specifically notes that the emission factors for fugitive dust emissions from construction activities do not include wind erosion or mud/ dirt trackout from the site. (MRI, Improvement of Specific Emission Factors, BACM Project No.1, Final Report, March 29, 1996, p. 4-1.) 13 Compilation of Air Pollutant Emission Factors, Volume 1: Stationary Point and Area Sources, Section 13.2.5, Industrial Wind Erosion, January 1995, corrected on April 13, 2001. 14 C. Cowherd, G.E. Muleski, and ).5. Kinsey, Control of Open Fugitive Dust Sources, EP A 450/3-88- 008, U.S. Environmental Protection Agency, Research Triangle Park, NC, September 1988. Page 11 e 7-138 Cont. 7-139 e 7-140 . ,e , i Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 emissions. The model does not include emissions from the helicopter, the three cooling towers, the two emergency generators, and the boilers. The Initial Study concludes that "[a]rea source emissions such as heaters, air condition units and other machines are not considered significant generator [sic] of emissions." (NOP /Initial Study, p. 7.) This conclusion is unsupported in the text of the Draft EIR and appears to be speculation. Even if emissions from these sources were individually small, they may be cumulatively considerable and must therefore be included in the Project's emissions analysis. 7-140 Cont. The combined emissions from the helicopter, the diesel generators, and the boilers, even if small, may result in exceedance of the NOx significance threshold. For example, typical NOx emissions for commercial light twin-engine helicopters15 are about 4.0 lb per landing and takeoff ("L TO"), bringing total NOx emissions from the Project within one pound per day of the significance threshold. (oes 10/lJ4l6, p.6-17.) V.B Emissions From Natural Gas Usage Not Included . The URBEMIS2002 model assigns gas usage rates to different land uses, e.g., residences, industrial, hotel! motel, and office, to calculate area source emissions from the use of gas-fired boilers, furnaces, hearths, etc. The model does not calculate 7-141 emissions associated with natural gas usage at hospitals. The Project operates a number of, presumably natural-gas fired, equipment, including the boilers and heating/ air conditioning equipment. Emissions from this equipment, which are likely considerable, are not included in the Draft ElR's area emissions estimates for Project operations presented in Table 4-6. V,C Incorrect Target Year Results In Underestimate Of Vehicle Emissions The Draft EIR assumes 2010 as the target year for operational traffic emissions. As discussed in Comment IV.A, construction is assumed to start in January 2006 with a 36 month construction period. Therefore, the target year for 7-142 . 15 The noise analysis stated that the exact model of helicopter to be used at the hospital has not been confirmed butthatlhe Bell 222 has been identified as a model that could potentially be used. The Bell 222, a frequently used helicopter model for emergency transports, is a commercial light twin- engine helicopter. 16 R. Billings and D. Wilson, Data Quality Control and Emissions Inventories of OCS Oil and Gas Production Activities in the Breton Area of the Gulf of Mexico, Final Report, U.S. Department of the Interior, Minerals Management Service, Gulf of Mexico OCS Region, MMS 2004-071, October 2004. Page 12 Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 operational emissions should be 2009, not 2010. Because vehicular emissions are assumed to decrease with every year, the calculated operational emissions for 2010 underestimate actual emissions at Project buildout, i.e. in 2009. I ran URBEMIS2002 for target year 2009 and otherwise assuming all of the Draft EIR's assumptions. Results are included as Exhibit 1. Emissions of ROC, NOx, and CO in 2009 are about 10% higher than for target year 2010. This results in NOx emissions exceeding the SCAQMD's quantitative daily significance threshold. This is a significant impact that was not disclosed in the Draft EIR. V,D Traffic Emissions Underestimated The Draft EIR's URBEMIS2002 air quality analysis uses default trip lengths to estimate emissions from Project-related traffic. These default trip lengths do not apply to traffic associated with a regional hospital. Trips associated with a regional hospital are typically longer and hence traffic emissions attributable to the Project are higher. In addition, an independent review of the Draft EIR's traffic analysis found a considerable underestimate of traffic generated by the Project, which is not reflected in the URBEMIS2002 default assumptions for traffic. (See Brohard 10/0517.) Consequently, emissions associated with Project traffic are also underestimated. The Draft ErR's emissions estimates for Project traffic must be modified to reflect the Project's actual traffic characteristics. V.E Secondary Emissions From Electricity Generation Not Included CEQA requires that an ErR identify direct and indirect significant effects of the project on the environment. (CEQA Guidelines Section 15126.2(a).) The Project will require a substantial amount of electricity, which generates so-called indirect or secondary emissions. The Draft ErR mentions that air pollutant emissions will be generated due to the consumption of electricity and states that these regional emissions were calculated using emission factors from the SCAQMD's CEQA Air Quality Handbook. (Draft EIR, p. 4-24.) Yet the Draft EIR fails to account for these emissions in its presentation of regional emissions associated with the operational phase of the Project. (Draft EIR, p. 4-25, Table 4-6.) A considerable share of the electricity delivered to the SoCAB is generated by coal-fired power plants, which generate substantial particulate matter and S02 17 Tom Brohard, Brohard and Associates, Letter to Gloria Smith, Adams, Broadwell, Joseph & Cardozo, Re: Review of Traffic Portions of the Temecula Regional Hospital Project Focused Environmental Impact Report in the City of TemecuIa, October 26, 2005. Page 13 e 7-142 Cont. 7-143 e 7-144 . . Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27, 2005 emissions. The Draft ErR should be revised to include emissions from electricity generation. 17-141 Cont. VI. INCREASED OZONE FORMATION DUE TO URBAN HEAT ISLAND EFFECT IS NOT ANALYZED The Project would develop 35.31 acres of largely open grass-covered land. The Draft ErR states that lot coverage will consist of approximately 16 percent building area, 30 percent parking area, and 33 percent landscape areas.18 (Draft EIR, pp. 3-3 and 3-7.) The Project would add several buildings, parking lots, roads, and . roofs, thus increasing the amount of existing blacktop. Black surfaces absorb about 85% to 95% of the sunlight that falls on them, becoming one of the hottest surfaces in urban areas. The hot surfaces of pavement and similarly dark roofs quickly warm the air over urban areas, leading to the creation of summer urban "heat islands." On a clear summer afternoon, the air temperature in urban areas can be 2 F to 9 F hotter than the surrounding rural area. The elevated temperature increases cooling energy demand, accelerates the rate of smog production, and increases evaporative losses of 7-145 organic compounds from gasoline tanks of vehicles parked over the hot surfaces. . Conversion of open, grass-covered land to build-out areas would increase local ambient temperatures, thereby contributing to the urban heat island effect and increasing the local formation of ozone. Thus, the urban heat island affect would exacerbate existing exceedances of the ozone standards in the Project vicinity. The SoCAB is not in compliance with either federal or State ozone standards. Thus, the Project would directly contribute to existing exceedances of the federal and State ozone standards, which is a significant impact. (See Kings County Fann Bureau v. City of Hanford (1990) 221 Cal.App.3d 692 [270 Cal.Rptr. 650].) This is a significant impact that was not discussed in the Draft ErR and is feasible to mitigate as discussed in Conunent VILB.3. VII. ADDITIONAL MITIGATION IS FEASIBLE CEQA section 21002 requires agencies to adopt feasible mitigation measures in order to substantially lessen or avoid otherwise significant adverse environmental impacts of a proposed project. (See Pub. Res. Code s21081(a); CEQA Guidelines S15370.) To implement this requirement, an ErR must set forth mitigation measures that decisionrnakers can adopt at the findings stage of the process. (CEQA . . Guidelines S15126(c).) For each significant effect, the ErR must identify specific 7-146 . 18 The Site Plan provided in the Draft EIR suggests a considerably larger percentage of buildings and parking spaces and lower percentage of landscaped areas. (Draft EIR, p. 3-5, Figure 3-2.) Page 14 Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 mitigation measures. Where several potential mitigation measures are available, each should be discussed separately and the reasons for choosing one over the other should be stated. (CEQA Guidelines 915126(c).) Mitigation measures should be capable of "avoiding the impact altogether," "minimizing impacts," "rectifying the impact," or "reducing the impact." (CEQA Guidelines 915370.) By the Draft ErR's own admission of" significant unavoidable impacts" and as demonstrated in the comments above, impacts from construction and operation of the Project remain significant after implementation of the Draft EIR's proposed mitigation measures. Therefore, the City must impose all feasible mitigation to mitigate these significant impacts, which it did not. The comments below discuss the specific inadequacies of the Draft ElR's proposed mitigation program and propose mitigation measures that should be implemented to lessen or eliminate the significant adverse effects of Project construction and operation. vn.A Additional Feasible Construction Mitigation The Draft ErR finds significant and unavoidable NOx emissions from the Project. (Draft ElR, p. 4-29.) As discussed in Comment lV, construction emissions are considerably underestimated, likely resulting in significant and unmitigated ROG, CO, and PMI0 emissions beyond what is reported by the Draft ErR. As discussed below, there are numerous other relevant and reasonable fugitive dust and diesel exhaust mitigation measures contained in the CEQA guidelines and rules of air districts and other agencies that should also be required for this Project to mitigate its significant construction impacts. VII.A.1 Fugitive Dust Mitigation Measures Several agencies have conducted comprehensive studies of fugitive dust control measures to bring their region into compliance with national ambient air quality standards on PMI0. For example, the South Coast Air Quality Management District ("SCAQMD") has sponsored research, passed regulations (e.g., Rule 40319), and published guidelines that identify best management practices for controlling fugitive dusts at construction sites. The Rule 403 Implementation Handbook20 contains a comprehensive list of such measures, which should be incorporated into the Project's Fugitive Dust Control Plan. (See Draft ElR, p. 4-27, Mitigation Measure 19 South Coast Air Quality Management District, Revised Final Staff Report for Proposed Amended Rule 403, Fugitive Dust aod Proposed Rule 1186, PM10 Emissions from Paved and Unpaved Roads, and Livestock Operations, February 14, 1997. 20 South Coast Air Quality Management. District, Rule 403 Implementation Handbook, January 1999. Page 15 . 7-146 Cont. e 7-147 7-148 . . Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 AQ-7.) Clark County, Nevada, has also sponsored research, passed regulations (Rule 94), and published best management practices for controlling fugitive dust from construction activitles.21 Clark County's Construction Activities Dust Control Handbook contains a comprehensive list of best management practices.22 Similarly, Arizona has developed guidance to control fugitive PM10 emissions.23 Several of the measures included in these agency guidelines are feasible and therefore should be considered for adoption here under CEQA Guidelines 9915126.4, 15091. Examples of such feasible mitigation measures are listed below: ? During clearing and grubbing, prewet surface soils where equipment will be operated; for areas without continuing construction, maintain live perennial vegetation and desert pavement; stabilize surface soil with dust palliative unless immediate construction is to continue; and use water or dust palliative to form crust on soil immediately following clearing/ grubbing. (CCHD) Grade each phase separately, timed to coincide with construction phase or grade entire project, but apply chemical stabilizers or ground cover to graded areas where construction phase begins more than 60 days after grading phase ends. (Rule 403 Handbook) ? During initial grading, earth moving, or site preparation, projects 5 acres or greater may be required to construct a paved (or dust palliative treated) apron, at least 100 ft in length, onto the project site from the adjacent site if applicable. (BCAQMD) 7-148 Cont. ? . ? During cut and fill activities, prewater with sprinklers or wobblers to allow time for penetration; prewater with water trucks or water pulls to allow time for penetration; dig a test hole to depth of cut to determine if soils are moist at depth and continue to prewater if not moist to depth of cut; use water truck/ pull to water soils to depth of cut prior to subsequent cuts; and apply water or dust palliative to form crust on soil following fill and compaction. (CCHD) 21 P.M. Fransioli, PM10 Emissions Control Research Sponsored by Clark County, Nevada, Proceedings of the Air &Waste Management Association's 94th Annual Conference & Exhibition, Orlando, FL, June 24-28, 2001. 22 Clark County Department of Air Quality Management, Construction Activities Dust Control Handbook, March 18, 2003. !. 23 Arizona Department of Environmental Quality, Air Quality Exceptional and Natural Events Policy PMlO Best Available Control Measures, June 5, 2001. Page 16 Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 ? For backfilling during earthmoving operations, water backfill material or apply dust palliative to maintain material moisture or to form crust when not actively handling; cover or enclose backfill material when not actively handling; mix backfill soil with water prior to moving; dedicate water truck or large hose to backfilling equipment and apply water as needed; water to form crust on soil immediately following backfilling; and empty loader bucket slowly; minimize drop height from loader bucket. (CCHD)24 ? For large tracts of disturbed land, prevent access by fencing, ditches, vegetation, berms, or other barriers; install perimeter wind barriers 3 to 5 feet high with low porosity; plant perimeter vegetation early; and for long-term stabilization, stabilize disturbed soil with dust palliative or vegetation or pave or apply surface rock. (CCHO) ? Barriers with 50 percent or less porosity located adjacent to roadways to reduce windblown material leaving a site. (Rule 403 Handbook) ? In staging areas, limit size of area; apply water to surface soils where support equipment and vehicles are operated; limit vehicle speeds to 15 mph; and limit ingress and egress points. (CCHD) ? Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. (SJVUAPCD, ADEQ) ? For stockpiles, maintain at optimum moisture content; remove material from downwind side; avoid steep sides or faces; and stabilize material following stockpile-related activity. (CCHO) ? When materials are transported off-site, all material shall be covered, effectively wetted to limit visible dust emissions, or at least six inches of freeboard space from the top of the container shall be maintained. (BAAQMD, SJVUAPCD, Rule 403 Handbook, ADEQ SLOCAPCD) , ? Where feasible, use bedliners in bottom-dumping haul vehicles. (Rule 403 Handbook) ? Empty loader bucket slowly and minimize drop height from loader bucket. (CCHD) 24 The following acronyms are used in this listing of mitigation measures: ADEQ = Arizona Department of Environmental Quality; BAAQMD = Bay Area Air Quality Management District; BCAQMD = Bulle County Air Quality Management District; CCHD = Clark County (Nevada) Health District; MBUAPCD = Monterey Bay Unified Air Pollution Control District; SBCAPCD = Santa Barbara County Air Pollution Control District; SJVUAPCD = San Joaquin Valley Unified Air Pollution Control District; SLOCAPCD = San Luis Obispo County Air Pollution Control District. Page 17 e 7-148 Cont. e . e Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 . ? Clean wheels and undercarriage of haul trucks prior to leaving construction site. (CCHD) ? Gravel pads must be installed at all access points to prevent tracking of mud on to public roads. (SBCAPCD) ? Install and maintain trackout control devices in effective condition at all access points where paved and unpaved access or travel routes intersect. (CCHD) ? All roadways, driveways, sidewalks, etc., to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. (SLOCAPCD) ? Pave all roads on construction sites. (MBUAPCD) ? To prevent trackout, pave construction roadways as early as possible; install gravel pads; install wheel shakers or wheel washers, and limit site access. (CCHD, SLOCAPCD) ? While clearing forms, use single stage pours where allowed; use water spray to clear forms; use sweeping and water spray to clear forms; use industrial shop vacuum to clear forms; and avoid use of high pressure air to blow soil and debris from the form. (CCHD) ? Limit fugitive dust sources to 20 percent opacity. (ADEQ) ? Require a dust control plan for earthmoving operations. (ADEQ) ? Prior to land use clearance, the applicant shall include, as a note on a separate informational sheet to be recorded with map, these dust control requirements. All requirements shall be shown on grading and building plans. (SBCAPCD, SLOCAPCD) ? The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. (SBCAPCD, SLOCAPCD) ? Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hrs. (BCAQMD, CCHD) . While portions of some of these measures are included in the mitigation measures imposed by the Draft EIR, the above measures are far more protective and should all be required in the Project's Fugitive Dust Control Plan. All of these measures are feasible and various combinations of them are routinely required elsewhere to reduce fugitive PMIO emissions. See, for example, the fugitive dust Page 18 7-148 Cont. Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 . control program for the Big Dig (Kasprak and Stakutis 200025), for the El Toro Reuse 17-148 Draft ElR 26, and for the Padres Ballpark Final EIR27. Cont. VII.A.2 Diesel Exhaust Mitigation Measures There are a number of additional mitigation measures that are routinely required as CEQA mitigation by air districts and other agencies in California for construction projects, (e.g., the mitigation programs routinely implemented by the SMAQMD and California Energy Commission (HCEC") decisions), including: ? Limiting the hours of operation of heavy duty equipment and/ or the amount of equipment in use. (BAAQMD 12/99, p. 53.) ? Conversion to cleaner engines; ? Use of cleaner (reduced sulfur) fuel; ? Add-on control devices, e.g., particulate traps, catalytic oxidizers; ? Buffer zone between facility and sensitive receptors; ? Installation of high pressure injectors on diesel construction equipment; ? Restricting engine size of construction equipment to the minimum practical size; ? Electrification of construction equipment; ? Substitution of gasoline-powered for diesel-powered construction equipment; ? Use of alternatively fueled construction equipment, using, e.g., compressed natural gas, liquefied natural gas, propane, or biodiesel; ? Implementation of activity management techniques including a) development of a comprehensive construction management plan 25 A. Ka5prak and P.A. Stakulis, A Comprehensive Air Quality Control Program for a Large Roadway Tunnel Project, Proceedings of the Air & Waste Management Association's 9Jrd Annual Conference, June 18-22,2000. 26 County of Orange, Draft Environmental Impact Report No. 573 for the Civilian Reuse of MCAS El Toro and the Airport System Master Plan for John Wayne Airport and Proposed Orange County Ioteroational Airport, Draft Supplemental Analysis, Volume 1, April 2001, pp. 2-121 to 2-123. 27 City of San Diego, Final Subsequent Environmental Impact Report to the Final Master Environmental Impact Report fo'r the Centre City Redevelopment Project and Addressing the Centre City Community Plan and Related Documents for the Proposed Ballpark and Ancillary Development Projects, and Associated Plan Amendments, V. IV. Responses to Comments, September 13, 1999, pp. IV-254 to IV-256. Page 19 7-149 e . e Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 . designed to minimize the number of large construction equipment operating during any given time period; b) scheduling of construction truck trips during non-peak hours to reduce peak hour emissions; c) limitation of the length of construction work-day period; and d) phasing of construction activities; ? Installation of catalytic converters on gasoline-powered equipment, if feasible; ? Minimization of construction worker trips by requiring carpooling and by providing for lunch onsite; ? Lengthening of construction period during smog season (May through October), so as to minimize the number of vehicles and equipment operating at the same time; ? Utilization of new technologies to control ozone precursor emissions as they become available and feasible; ? Use electricity from power poles rather than temporary diesel power generators; and ? Emission offsets if ROG or NOx emissions exceed 6.0 tons/ quarter. 7-149 Cont. The following discusses the use and feasibility of construction equipment certified by CARB, post-combustion controls, and the use of PuriNOx, an alternative diesel formulation. VII.A.2.a CARB-certified Canstruction Equipment Both the U.s. EP A and CARB have established emission limits on new off-road engines. CARB-certified off-road engines are engines that are 3 years old or less at the time of use and which comply with these new low emission limits. This equipment is widely available in the construction fleet. The use of CARB-certified equipment should be required for this Project. 7-150 For example, the SMAQMD and other agencies require the use of at least 20 percent CARB-certified off-road engines in the mix of construction equipment operating on-site, or alternatively, setting a NOx, ROG, and/ or PM10 emission reduction goal for the construction fleet. A similar measure has been adopted by the Texas Natural Resource Conservation Commission ("TNRCC") for the Dallas/Fort Worth and Houston-Galveston areas. (Rennie et al. 2001.28) The Arizona Department . 28 S.G. Rennie, L. Fiffick, D. Huckabay, and B. Ubanwa, Heavy Duty Diesel Engines RelroIiI Programs as a Part of Houston SIP, Proceedings of the Air & Waste Management Association's 94th Annual Conference & Exhibition, June 24-28, 2001. Page 20 Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 of Environmental Quality (" ADEQ") has also recommended this measure to address the air quality problems in the Phoenix area. (ADEQ 11/9/00, pp.19-24.) VII.A.2.b Post-combustion Controls Post-combustion controls, such as oxidation catalysts and particulate filters, are devices that are installed downstream of the engine on the tailpipe to treat the exhaust. These devices are now widely used on construction equipment and are capable of removing over 90% of the PM10, CO, and ROG from engine exhaust, depending on the fuel and specific engine. The most common and widely used post- combustion control devices are particulate traps (i.e., soot filters), oxidation catalysts, and combinations thereof. The many variants of these devices have recently been identified, evaluated, and comprehensively reviewed by CARB29 and others.30 These devices are commonly required as mitigation for construction emissions, which are similar to Project operations. The Massachusetts Turnpike Authority ("MTA") implemented a voluntary program in the fall of 1998 which resulted in retrofitting 70 pieces of construction equipment with oxidation catalysts (Kasprak et al. 200131) at the "Big Dig," the massive, 5-year, $10 billion-plus Central Artery/Tunnel Project in Boston's North End and one of the largest infrastructure construction projects in the country. These controls have also been widely required to mitigate construction emissions in California. The CEC, which follows a CEQA-equivalent process in licensing of new power plants larger than 50 megawatts ("MW"), has required these devices on many projects. The Sunrise Power Project was recently constructed using this equipment.32 No problems were encountered. Several other 500+MW power plants have been licensed and constructed successfully using these controls, 29 California Air Resources Board, Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel-Fueled Engines and Vehicles, October 2000; California Air Resources Board, Risk Management Guidance for the Permitting of New Stationary Diesel-Fueled Engines, October 2000. 30 Manufacturers of Emission Controls Association, Demonstratioo of Advanced Emission Control Technologies Enabling Diesel-Powered Heavy-Duty Engines to Achieve Low Emission Levels, Final Report, June 1999. 31 A. Kasprak, G. Schallanek, and P.K. Wan, Emission Reduction Retrofit Program for Construction Equipment of the Central Artery JTunnel Project, Proceedings of the Air & Waste Management Association's 94th Annual Conference & Exhibition, June 24-28, 2001. Also see: www.epa.govjOMSjretrofitjdocumentsjbigdi!\-case_Ol.htm. accessed October 26, 2005. 32 California Energy Commission, Commission Decision, Sunrise Power Project, December 2000, Condition AQ-C3, p. 120. Page 21 e 7-150 Cont. 7-151 e e . Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 including High Deserf.33, Elk Hills34, Pastoria35, Western Midway-Sunsef.36, Mountain View'l7, and Contra Costa38, among others. (All of the CEC siting decisions are posted at www.energy.ca.gov under the name of the individual facility.) Post-combustion controls have also been required as conventional CEQA mitigation in EIRs. The El Toro Reuse Draft EIR39, page 2-124, AQ-11k and AQ-11I, required the use of particulate traps with a minimum 80% PMlO efficiency and selective catalytic reduction ("SCR") or comparable technology with a minimum 70% NOx reduction on all off-road construction equipment. The Stanford University General Use Permit Application Draft EIR4o, page 4.11-10, AQ-l, required a range of measures to minimize diesel engine exhaust, including catalytic converters and particulate traps. The City of San Diego in the Padres Ballpark Final EIR41 required the control of 95% of engine exhaust emissions, using, among others, oxidation catalysts, particulate filters, and "Blue Sky" low-emission engines. Similarly, the Port of Oakland required the use of new engines or post-combustion controls on trucks serving its Vision 2000 expansion project. The Port's air quality mitigation program is now partially in place and has been very successful in reducing emissions.42 7-151 Cont. . 33 California Energy Commission, Commission Decision, High Desert Power Project, May 2000, Condition AQ-3(o), p. 107. 34 California Energy Commission, Commission Decision, Elk Hills Power Project, December 2000, Condition AQ-C2(3), p. 123. 35 California Energy Commission, Commission Decision, Pastoria Energy Facility, December 2000, Condition AQ-C3, p. 108. 36 California Energy Commission, Commission Decision, Western Midway Sunset Power Project, March 2001, Condition AQ-C2, p. 114. 37 California Energy Commission, Commission Decision, Mountain View Power Project, March 2001, Condition AQ-C2, p. 34. . 38 California Energy Commission, Commission Decision, Contra Costa Unit 8 Power Project,. May 2001, Condition AQC-2, p. 12. 39 County of Orange, Draft Environmental Impact Report, No. 573 for the Civilian Reuse of MCAS EI Toro and the Airport System Master Plan for John Wayne Airport and Proposed Orange County International Airport, April 2001. 40 Santa Clara County, Draft Environmental Impact Report, EIR Stanford University Draft Community Plan and General Use Permit Application, June 23, 2000. 41 City of San Diego, Final Subsequent Environmental Impact Report, Ballpark and Ancillary Development Projects, and Associated Plan Amendments, September 13, 1999 and Draft Subsequent EIR, May 12, 1999" page N-262, I8.A.89. 42 Port of Oakland. Summary Report #5, Vision 2000 Air Quality Mitigation Program, February 2002. Page 22 Pless. Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 All of these post-combustion controls are feasible for construction of this Project. Therefore, the Draft EIR should be revised be prepared requiring the use of post-combustion controls on off-road equipment specifying target control levels. VII.A.2.c PuriNOx Alternate diesel fuels exist that achieve PM10 and NOx reductions. PuriNOx is an alternative diesel formulation that was verified by CARB on January 31, 200143 as achieving a 14% reduction in NOx and a 63% reduction in PM10 compared to CARB diesel. It can be used in any direct-injection, heavy-duty compression ignition engine and is compatible with existing engines and existing storage, distribution, and vehicle fueling facilities. Operational experience indicates little or no difference in performance and startup time, no discernable operational differences, no increased engine noise, and significantly reduced visible smoke. (Hagstrand 6/0444.) This fuel has been successfully used in heavy-duty off-road and on-road equipment, including by the Tri-Delta Transit Authority fleet in Contra Costa County, by the County of Sacramento at the Keifer Landfill and North Transfer station, in off-road construction equipment at very large residential construction projects in Sacramento, in truck fleets operated by Pacific Cement in San Francisco and Ramos Oil in Dixon, in yard hostlers at the Port of Long Beach, in off-road equipment operated by Hanson Aggregate in San Francisco, and in yard haulers at the Port of Houston. (Howes 4/0Q45 and Hagstrand 6/04.) Six yard tractors have been operating on PuriNOx at the Port of Houston since April 2000. The Texas Natural Resource Conservation Commission ("TNRCC") has also approved PuriNOx fuel for funding under Texas Senate BillS. PuriNOx fuel is available from fuel distributor Chevron Texaco in Los Angeles and is competitively priced at a surcharge over regular diesel of about 10 cents per gallon.46 It has been required as mitigation for construction exhaust emission impacts. For example, the NASA Ames Development Plan Draft 43 Letter from Dean C. Simeroth, Chief, Criteria Pollutants Branch, to Thomas J. Sheahan, Lubrizol, Verification of Lubrizol Corp. PuriNOx Fuel, January 31, 2001, http://www.arb.ca.gov/fuels/dieseljaltdieseljaltdiesel.htm. accessed June 18, 2004. 44 Personal communication, Petra Pless/Phyllis Fox with H~p Hepner, Ramos Oil Co., Dixon.. CA, (916-371-3289, ext. 242) and Bill Hagstrand, Lubrizol (440-347-6592), March and June 2004. 4S P. Howes, An Evaluation of the Effects of PuriNOx™ on Exhaust Emissions from Yard Haulers at the Port of Houston, April 2000. 46 Personal communication, Petra Pless with Bill Hagstrand. Lubrizol (440-347-6592), June 21, 2004. Page 23 e 7-151 Cont. 7-152 e e . Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 Environmental Impact Statement,47 page 4.4-34, requires "where reasonable and feasible, use alternative diesel fuels. See also construction exhaust mitigation in the Bickford Ranch Final EIR, page 1-24, requiring 10% to 20% NOx emission reductions, to be achieved by both engine selection and fuel selection. ("Includes the use of emulsified fuel in non-certified engines..." .) 7-152 Cont. VII.B Additional Feasible Operational Mitigation . The Draft EIR concludes that after implementation of the proposed mitigation measures, emissions of CO and ROG from operation of the hospital and other on-site facilities will remain significant. The Draft EIR states that " [e]ven with measures to encourage trip reduction and energy efficiency, emissions cannot be mitigated to below a level of significance" and concludes that " [l]ong-term air quality impacts will be significant and unavoidable." (Draft EIR, p. 4-29.) Yet, the Draft EIR imposes a total of only five mitigation measures that address operational emissions, specifically, AQ-2 incorporation and encouragement of Transportation Demand Management techniques ("TDM"); AQ-3 incorporation of energy efficiency standards for buildings; AQ-4 submission of a landscape plan; AQ-16 enclosure and cover of refuse areas; and AQ-17 promotion of alternative transportation. (Draft EIR, pp. 4-26 through 4-28.) 7-153 By the Draft EIR's own admission, these mitigation measures are insufficient to reduce the significant impacts from operational emissions to less than significance' for CO and ROG, resulting in significant unmitigated impacts from Project operational emissions. (Draft EIR, p. 4-29.) Further, as discussed in Comment V, the Draft EIR considerably underestimates Project operational emissions of PM10 and NOx, which likely also exceed the SCAQMD's quantitative daily significance thresholds. The Draft ElR does not contain any discussion why no additional mitigation measures were considered to reduce the Project's significant impacts on air quality. As discussed below, numerous other mitigation measures exist that are routinely required as CEQA mitigation and should have been required for the Project. For example, the Initial Study for the Project recommends the following two mitigation measures for emissions from Project operations that were not incorporated into the Draft EIR: I. 47 NASA Ames Research Centerl NASA Ames Development Planl Draft Programmatic Environmental Impact Statementl November 2001. Page 24 Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 ? Electrical powered equipment should be utilized in-lieu of gasoline- powered engines where feasible; and ? Prior to the issuance of a grading and building permit, the applicant shall submit verification that a ridesharing program for the construction crew has been encouraged and will be supported by the contractor via incentives or other inducements. (NaP/Initial Study, pp. 9-11.) VII.B,l Operational Traffic Mitigation Measures The following traffic mitigation measures are routinely required elsewhere to mitigate significant impacts from a project and should be required to mitigate the Project's significant NOx, ROG, and PMIO impacts. ? Encourage carpool/vanpool program; ? Provide on-site shops and services for employees, such as cafeteria, bank/ ATM, dry cleaners, convenience market, etc.; ? Provide on-site child care or contribute to off-site child care within walking distance; ? Provide preferential parking for carpool/vanpool vehicles; ? Provide secure, weather-protected bicycle parking for employees; ? Provide direct safe, direct bicycle access to adjacent bicycle routes; ? Provide showers and lockers for employees bicycling or walking to work; ? Short-term bicycle parking for retail customers and other non-commute trips; ? Provide neighborhood-servicing shops and services within '!2 mile of residential areas; ? Connect bicycle lanes/ paths to city-wide network; ? Design and locate buildings to facilitate transit access, e.g., locate building entrances near transit stops, eliminate building setbacks, etc.; ? Construct transit facilities such as bus turnouts/bus bulbs, benches, shelters, etc.; ? Provide shuttle service to food service establishments/ commercial areas; ? Provide shuttle service to transit stations/multimodal centers; ? Implement parking fee for single-occupancy vehicle commuters; ? Implement parking cash-out program for non-driving employees; Page 25 e 7-153 Cont. e . . Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 ? Provide direct, safe, attractive pedestrian access from project to transit stops and adjacent development; ? Implement compressed work week schedule; ? Implement home-based telecommuting program; ? Provide electric vehicle ("EV") and compressed natural gas ("CNG") vehicles in vehicle fleets; ? Install EV charging facilities; ? Install CNG fueling facility; ? Provide preferential parking locations for EVs and CNG vehicles; and ? Charge reduced or no parking fee for EVs and CNG vehicles; 7-153 Cont. . The Lent Ranch Final EIR48, for example, requires most of these measures. The NASA Ames Development Plan Draft Environrriental Impact Statement ("EIS")49 would implement an aggressive transportation demand management program ("TDM") to reduce trip generation by at least 22 percent. The Stanf\Jrd University Draft Community Plan and General Use Permit Draft ElR 50 adopts all applicable Bay Area TDMs. The Bickford Ranch Specific Plan Final ErRS! requires that emissions be reduced by 40% by implementing many of these measures. The Old Greenwood Planned Development Draft EIR52 requires, among others, paying an air quality mitigation fee to offset PM10 emissions from vehicle exhaust and re- entrained road dust to zero. Therefore, the above-listed measures should be assumed feasible unless otherwise demonstrated, and used by this Project to reduce traffic emissions to a less than significant level. 48 City of Elk Grove, Lent Ranch Marketplace, Draft Environmental Impact Report, for example Table 4.3-21, page 3.0-96, and Table 12-2, October 2000. 49 NASA Ames Research Center, NASA Ames Development Plan, Draft Programmatic Environmental Impact Statement, pp. 0-11 to 0-16, November 2001. 50 Santa Clara County, Draft Environmental Impact Report, Stanford University Draft Community Plan and General Use Permit Application, Table 4.11-6, June 23, 2000. 51 County of Placer, Bickford Ranch Specific Plan Final Environmental Impact Report, Section 8.3.2 and 8.4, November 13, 2000. . 52 City of Truckee, Draft Environmental Impact Report, Old Greenwood Planned Development, pp. 4.5-10 to 4.5-13, February 2002. Page 26 Pless. Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27, 2005 VII.B.2 Operational Area Mitigation Measures The City's General Plan contains the following two operational mitigation measures that are not required by the Draft EIR: ? Optimize building sites and orientation to take advantage of shading and windbreak trees and reduce fuel consumption for heating and cooling; and ? Design buildings to optimize natural lighting, provide for task lighting, and specific high-efficiency electric lighting. (General Plan, p. AQ-8.) In addition to the mitigation measures proposed by the Draft EIR and contained in the City's General Plan, operational area emissions can also be mitigated by controlling other sources of emissions from the Project, including exhaust emissions from landscaping equipment, emissions from natural gas combustion for heating/ air-conditioning, increased ozone production from the heat island effect (see Comment VI), and indirect emissions from electricity generation (see Comment V.E). In addition, the CEQA Guidelines of other air districts identify numerous other feasible measures for commercial/industrial operations. Some of these additional measures, which are routinely required as mitigation in other EIRs53 include: ? Use electric lawn and garden equipment for landscaping (BAAQMD); ? Use electrically or CNG-powered specialty equipment, e.g., utility carts (BAAQMD); ? Use propane-powered specialty equipment, e.g., forklifts, utility carts, etc. (BAAQMD); ? Increase walls and attic insulation beyond Title 24 requirements (SLOAPCD54, SCAQMD55); 53 For example: City of Elk Grove, Lent Ranch Marketplace, Draft Environmental Impact Report, Table 4.3-5, p. 3.0-96, October 2000; County of Placer, Bickford Ranch Specific Plan Final Environmental Impact Report, pp. 8-20 to 8-22, November 13,2000; Sacramento County, East Franklin Specific Plan, Final Environmental Impact Report, Table ES-1; and Appendix D, February 2000; City of Truckee, Draft Environmental Impact Report, Old Greenwood Planned Development, pp. 4.5-10 to 4.5-13, February 2002. 54 San Luis Obispo Air Pollution Control District, CEQA Air Quality Handbook, August 1997. 55 South Coast Air Quality Management District, CEQA Air Quality Handbook, April 1993. Page 27 e 7-154 e e . Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27, 2005 ? ? ? . ? ? ? ? ? ? ? ? ? Orient buildings to maximize standard heating and cooling (SLOAPCD) and include passive solar design, e.g., day-lighting (SCAQMD, SBAPCDs6, BCAQMDs7); ? Plant shade trees in parking lots to reduce evaporative emissions from parked vehicles (SLOAPCD, SCAQMD, SBAPCD, BCAQMD); ? Plant shade trees along southern exposures of buildings to reduce summer cooling needs (SLOAPCD, SCAQMD, SBAPCD); ? Use energy-effident and automated controls for air conditioning (SCAQMD, BCAQMD); ? Use lighting controls and energy-effident interior lighting (SLOAPCD, SCAQMD, SBAPCD, BCAQMD) and built-in energy-efficient appliances (SLOAPCD); Use double-paned windows (SLOAPCD, SCAQMD); Use energy-efficient low sodium parking lot and street lights (SLOAPCD, SCAQMD); Use light-colored roof materials (SCAQMD) and paint (SBAPCD) to reflect heat; (see Comment VILB.3.b) Install solar cooling/heating (SBAPCD); Install solar water heater for at least 25% of the building floor area (BCAQMD); Substitute materials, e.g., use water-based paint (SCAQMD); Modify manufacturing processes, e.g., reduce process stages, closed loop- systems, materials recycling (SCAQMD); Install resource recovery systems that redirect chemicals to new production processes (SCAQMD); Use solar or low-emission water heaters (SCAQMD); Use centralized water-heating systems (SCAQMD, VCAPCDS8); Use concrete or other non-pollutant materials for parking lots instead of asphalt (SBAPCD); 56 Santa Barbara Air Pollution Control District, Scope and Content of Air Quality Sections in Environmental Documents, September 1997. 57 Butte County Air Quality Management District, Indirect Source Review Guidelines, March 1997. 58 Ventura County Air Pollution Control District, Ventura County Air Quality Management Plan, Appendix G-94, Guidelines for the Preparation of Air Quality Impact Analyses, October 1989. . Page 28 7-154 Cont. Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 . ? Pay an air quality mitigation fee; ? Secure emission offsets; ? Landscape with drought-resistant species, and use groundcovers rather than pavement to reduce heat reflection; ? Provide electric maintenance equipment; ? Use ozone-destruction catalyst on air condition systems; and ? Reduce standard paving by 20%. Further, some air districts recommend that large projects that cannot be fully mitigated with on-site measures, should implement off-site mitigation measures, for example: 7-154 Cont. ? Retrofit existing homes and businesses in the project area with approved energy conservation devices (SLOAPCD); ? Replace/repower school/ transit bus with cleaner vehicles (SLOAPCD); ? Construct satellite work stations (SLOAPCD); ? Fund a program to buy and scrap older, high-emission vehicles (SLOAPCD); ? Contribute to an off-site TDM fund (VCAPCD); ? Repair smog-check waived vehicles (SLOAPCD); ? Introduce electric lawn and garden equipment exchange program (SLOAPCD); and ? Retrofit/purchase clean heavy-duty trucks, construction equipment, diesel locomotives, and marine vessels (SLOAPCD). e VII,B.3 Mitigation For Urban Heat Island Effect A number of the above discussed mitigation measures will reduce the urban heat island effect. The feasibility of two of these measures, reduction of standard paving by 20% and use of Energy Star roof products, are discussed in the following comments in more detail. 7-155 VII.B.3.a Reduction Of Standard Paving By 20% The heat island effect can be mitigated by reflecting the sunlight off the pavement before it heats up through use of lighter-colored, reflective pavement materials. These materials reduce the urban heat island effect, reducing the formation of ozone, and reducing evaporative emissions from vehicles that park on . Page 29 e Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 and use the pavement, thus reducing traffic emissions. This can be accomplished by using grass paving or reflective surfaces on unshaded parking lots, driveways, and fire lanes to reduce standard paving by 20%. This measure is widely used, technically feasible, provides air quality benefits, and is economic. There are a large number of options that can be used to comply with this measure, ranging from porous block pavement systems to conventional asphalt pavements using light aggregate to conventional concrete pavements. Some are comparable in cost to conventional pavements and have added benefits besides reducing air quality impacts. VII.B.3.b Use Of Energy Star Roof Products . Most commercial and residential buildings have dark roofs. Dark roofs absorb 80% to 90% of the incident sunlight, heating the roof and plenum space. Because the air distribution system is typically installed in the plenum space between the roof deck and the dropped ceiling over the finished interior space, this raises the sununertime cooling demand. In addition, heating the roof heats the air that passes over the roof. Thus, the entire region around a dark roof becomes warmer, increasing the formation of ozone. 7-155 Cont. As discussed above, dark roofs (and parking lots) quickly warm the air over urban areas, leading to the creation of summer urban "heat islands." The additional air conditioning demand created by this temperature effect is responsible for 5% to 10% of urban peak electric demand. The increased power demand leads to higher emissions from power plants. This increase in temperature causes a 10% to 20% increase in urban ozone, and in some cases, generates as much ozone as all on-road motor vehicles.59 Measures to reverse the heat island effect include reflective roofs and pavements. Intercepting the sunlight before it heats a building keeps its surface cooler and reduces the heat flow into the building. This reduces the demand for air conditioning. This can be accomplished by using light-colored, reflective roofs. A light-colored roof can reduce the amount of energy needed for cooling by 20% to 70%, depending on the amount of insulation under the roof and design of the air ducting system. This is achieved by reflecting most of the energy, rather than absorbing it. The difference between the roof surface and ambient air temperatures may be as high as 90 F, while for reflective roofs, the difference is only about 18F. . 59 Akbari H, Cool Roofs Save Energy, ASHRAE Transactions, v.104, Pt. 1, 1998; Taha H, Modeling the Impacts of Large-Scale Albedo Changes on Ozone Air Quality in the South Coast Air Basin, Atmospheric Environment, v. 31, no. 11, 1997, pp. 1667-1676. Page 30 Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 This reduces peak cooling demand, cooling costs, the size of the HV AC system, and the rating and amount of insulation required in a building, and increases the lifetime of the roof. This also reduces air pollution by reducing the amount of external power that must be produced and the amount of ambient ozone that is formed in the vicinity of the development from the heat island effect. Normal asphalt-based roofing products typically have a reflectivity of 10% to 20%. Energy Star-labeled roof products are roofing products certified to achieve at least 65% reflectivity and to maintain a reflectivity of 50% under normal conditions for 3 years after installation The program is sponsored by the U.S. EP A and the Department of Energy. There are currently over 115 manufacturers emolled in the program. Reflective roofing is also recognized as an acceptable design option in the latest edition of the American Society of Heating, Refrigerating and Air- Conditioning Engineers (" ASHRAE") Standards 90.160 and 90.2 on energy-efficient buildings. Energy Star roof products are economical to apply and maintain and can be cheaper than or comparable to conventional roofing products, which cost from $1.50 to $2.50 per square foot installed.61 Cool roofs come in a variety of styles, including reflective coatings, reflective membranes, or metal roofs made of galvanized or other coated metal. Coatings have a consistency of thick paint and cost from $0.75 to $1.50 per square foot installed. Membranes are single-ply, pre-fabricated sheets applied in a single layer, typically made of PVC (poly vinyl chloride), TPO (tripolymer olefin), Hypalon, or CPA (copolymer alloy) and cost from $1.50 to $3.00 per square foot. A reflective roof can be installed or applied over almost any type of roof material, including directly on a plywood deck in place of asphalt. The performance of reflective roofing materials has been extensively documented. At a single family residence in Sacramento, increasing the reflectivity of the roof from 18 % to 79% by painting with a white coating reduced the cooling energy use over the June to October period by 66% and the peak power by 17%. At a one-story school in Sacramento, increasing the reflectivity of the roof from 8% to 68% by painting with a white coating reduced the cooling energy use over the June to October period by 34% and peak power by 32%.62 In another Sacramento study, 60 American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc., Energy Standard for Buildings Except Low-Rise Residential Buildings, Standard 90.1-1999. 61 R.S. Means, Square Foot Costs, 21,t Ed., 2000, Division 5, Roofing. 62 H. Akbari, S. Bretz, D. Kurn, and J. Haoford, Peak Power and Cooling Energy Savings of High- Albedo Roofs, Energy and Buildings, v. 25, 1997, pp. 117-126. Page 31 e 7-155 Cont. e . . Piess, Comments On Temecula Regional Hospital Draft Environmental Impael Report, Oelober 27,2005 daily air conditioning savings of 17%, 26%, and 39% were documented in an office, museum, and hospice with high reflectivity roofsP At a one-story, 31,700-square foot Kaiser medical office building in Davis, increasing the reflectivity of an R-19 flat roof from 24% to 60% reduced summertime average weekday air conditioning by 18%. At another one-story, 23,800-square foot Kaiser medical office building in Gilroy, increasing the reflectivity of an R-7 flat roof from 25% to 65% reduced the summertime average weekday air conditioning by 13%. At a 33,000-square foot drug store in San Jose, increasing the reflectivity of a foil barrier flat roof from 18% to 28% reduced the summertime average daytime air condition by 2%.64 I , I. " Reflective coatings reduced cooling energy costs by 12% to 18% in two other commercial buildings in California.65 The reflectivity of a conventional unsurfaced galvanized corrugated metal roof of seven retail stores in a strip mall in Florida was increased from 29% to 75% with a white coating. This reduced the summer space cooling energy use by 25%, with a range in savings of 13% to 48%, depending on the temperature maintained in the shops. Those maintaining the lowest interior temperatures saved the least on a percentage basis. The cost of the application was $0.53/ft2 with a payback period of about 9 years.66ln nine Florida homes, daily air conditioning energy use was reduced by 2% to 43% and peak demand was reduced by an average of 22%. The amount of energy savings was inversely correlated with the amount of ceiling insulation and duct system location, with the largest savings in poorly insulated homes and those with duct systems in the attic space and smaller savings in well-insulated homesP A high-reflective coating on an office building in Mississippi reduced cooling energy demands by 22%.68 In addition to field studies, 7-155 Cont. 63 E.W. Hildebrandt, W. Bos, and R. Moore, Assessing the Impacts of White Roofs on Building Energy Loads, ASHRAE Technical Data Bulletin, v.14, no. 2, 1998. 64 H. Akbari, L. Gartland, and S. Konopacki, Measured Energy Savings of Ligh~Colored Roofs: Results from Three California Demonstration Sites, Proceedings of the 1998 ACEEE Summer Study on Energy Efficiency in Buildings, v. 3, no. 1, 1998. 65 S. Konopacki, H. Akbari, L. Gartland, and L. Rainer, Demonstration of Energy Savings of Cool Roofs, LBNL Report 40673, 1998. . 66 D. Parker, J. Sonne, and J. Sherwin, Demonstration of Cooling Savings of Light Colored Roof Surfacing in Florida Commercial Buildings: Retail Strip Mall, Florida Solar Energy Center Report FSEC-CR-964-97, 1997; www.fsec.ucf.edujBldgjpubsonline.htrn. 67 D.S. Parker and others, Measured and Simulated Performance of Reflective Roofing Systems in Residential Buildings, ASHRAE Proceedings (Winter Meeting), Atlanta, GA, 1998; www.fsec.ucf.edujBldgjpubsonline.htm. 68 C. Boutwell and Y. Salinas, Building for the Future - Phase I: An Energy Saving Materials Research Project, Mississippi Power Co., Rohm and Haas Co and the University of Mississippi, 1986. Page 32 Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 . computer simulations of reflective roofs have documented cooling energy savings in residential and commercial buildings.69 Cool roofs have been widely used in California, including on the American Airline airport terminal in San Jose, on control towers at the Stockton and Palmdale airports, at the 300,000-square foot Honda distribution warehouse in Stockton, the 200,000-square foot JC Penny warehouse in Buena Park, and numerous buildings in Silicon Valley. Thus, this measure would save a substantial amount of money over the life of the Project and would cost no more than a standard roof. Further, it would reduce pollution by reducing the generation of power and the formation of ozone from the heat island effect. 7-155 Cont. In sum, there are many additional feasible measures that should be evaluated and required for this Project. The Draft ElR should be revised to include these additional measures and be recirculated for public review. VIII, CONCLUSION As detailed in the comments above, the Draft EIR fails to meet the most basic .- requirements of CEQA. The Draft EIR fails to comply with the goals of the General . Plan, fails to adequately describe the Project and its environmental setting, and fails to adequately identify the Project's regulatory setting. The Draft EIR's air quality 7-156 impact analysis for both the construction and operational phases of the Project are fatally flawed and considerably underestimate Project emissions. As a result, the Draft EIR fails to disclose all significant impacts and fails to disclose the full magnitude of all impacts. The Draft EIR did not require all feasible mitigation to mitigate these significant impacts from Project construction and mitigation. Additional feasible mitigation exists and should be required to reduce these significant impacts. In sum, the Draft EIR is patently inadequate and should be revised and recirculated for public review. 69 See, for example: H. Akbari, S. Konopacki, C. Eley, B. Wilcox, M. Van Geem and D. Parket, Calculations for Reflective Roofs in Support of Standard 90.1, ASHRAE Traosactions, v. 104, no. 1, 1998, pp. 984-996; L. Gartland, S. Konopacki, and H. Akbari, Modeling the Effects of Reflective Roofing, ACEEE 1996 Summer Study on Energy Efficiency in Buildings, v. 4, 1996, pp. 117-124. e Page 33 . Exhibitl URBEMIS2002 Modeling Output for 36-month Construction Period and Vehicle Emissios Target Year 2009 . . Page: 1 10/27/2005 10,54 AM . URBEMIS 2002 For Windows 8.7.0 File Name: Project Name: Project Location: On-Road Motor Vehicle Emissions C:\Documents and Settings\Petra Pless\My Documents\PP Environmental Consulting Temecula Regional Hospital South Coast Air Basin (Los Angeles area) Based on EMFAC2002 version 2.2 SUMMARY REPORT (Pounds/Day - Summer) CONSTRUCTION EMISSION ESTIMATES PMIO PMIO PMIO *** 2006 ... ROG NOx CO S02 TOT!,>L EXHAUST DUST TOTALS (lbs/day,unmitigated) 41. 95 283.34 338.81 0.03 129.68 11. 96 117.72 TOTALS (lbs/day, mitigated) 41. 95 283.34 338.81 0.03 53.81 11. 96 41.85 PMIO PMIO PMIO ... 2007 ... ROG NOx CO 802 TOTAL EXHAUST DUST TOTALS (lbs/day,unmitigated) 13.82 89.14 115.14 0.00 3.97 3.72 0.25 TOTALS (lbs/day, mitigated) 13.82 89.14 115.14 0.00 3.97 3.72 0.25 PMIO PMIO PMIO ... 2008 ... ROG NOx CO 802 TOTAL EXHAUST DUST TOTALS (lbs/day,unmitigated) 343.64 227.46 295.63 0.01 9.35 8.83 0.52 TOTALS (lbs/day, mitigated) 343.64 227.46 295.63 0.01 9.35 8.83 0.52 AREA SOURCE EMISSION ESTIMATES ROG NOx CO 802 PMIO TOTALS (lbs/day,unmitigated) 8.39 3.79 4.43 0.00 0.01 _RATIONAL (VEHICLE) EMISSION ESTIMATES ROG NOx CO 802 PM10 TOTALS (1bs/day,unmitigated) 92.78 103.76 1,245.27 0.86 123.35 SUM OF AREA AND OPERATIONAL EMISSION ESTIMATES ROG NOx CO 802 PM10 TOTALS (lbs/day,unmitigatedl 101.17 107.56 1,249.70 0.86 123.36 . Petra Pless, D.Env. e 440 Nova Albion Way San Rafael, CA 94903 (415) 492-2131 voice (775) 254--5849 fax ppless@earthlink.net Dr. Pless has over 10 years of experience in environmental engineering and science conducting and managing interdisciplinary environmental research projects and preparing and reviewing environmental permits and other documents for U.S. and European stakeholder groups. This broad-based experience includes air quality and air pollution control; water quality, water supply, and water pollution control; biology; public health and safety; noise studies and mitigation; National Environmental Policy Act ("NEPA"), California Environmental Quality Act ("CEQA"), and Oean Air Act ("CAN') review; industrial ecology and risk assessment; and use of a wide range of environmental software. EDUCATION Doctorate in Environmental Science and Engineering (D.Env.), University of California, Los Angeles, 2001 M.S, Biology (with focus on botany/ecology/limnology), Technical University of Munich, Germany, 1991 . PROFESSIONAL HISTORY Leson & Associates (previously Leson Environmental Consulting), Kensington, CA, Environmental Scientist/Project Manager, 1997-present University of California Los Angeles, Graduate Research Assistant/Teaching Assistant, 1994-96 ECON Research and Development, Environmental Scientist, Ingelheim, Germany, 1992-93 Biocontrol, Environmental Projects Manager, Ingelheim, Germany, 1991-92 REPRESENTATIVE EXPERIENCE Air Quality and Pollution Control Projects include CEQA/NEPA review; attainment and non-attainment new source review ("NSR"), prevention of significant deterioration ("PSD") and Title V permitting; control technology analyses (BACT, LAER, RACT, BARCT, MACT); technology evaluations and cost- effectiveness analyses; criteria and toxic pollutant emission inventories; emission offsets; ambient and source monitoring; analysis of emissions estimates and ambient air pollutant concentration modeling. Some typical projects include: . Petra Pless, D.Env. . Critically reviewed and prepared technical comments on the air quality, biology, noise, water quality, and public health and safety sections of CEQA/NEP A documents for numerous commercial, residential, and industrial projects (e.g., power plants, airports, residential developments, retail developments, hospitals, refineries, quarries, and mines). Critically reviewed and prepared technical comments on the air quality and public health sections of the Los Angeles Airport Master Plan (Draft, Supplement, and Final Environmental Impact Statement/Environmental Impact Report) for the City of El Segundo. Provided technical comments on the Draft and Final General Conformity Determination for the preferred alternative submitted to the Federal Aviation Administration. For several California refineries, evaluated compliance of fired sources with Bay Area Air Quality Management District ("BAAQMD") Rule 9-10. This required evaluation and review of hundreds of source tests to determine if refinery-wide emission caps and compliance monitoring provisions were being met. Critically reviewed and prepared technical comments on Draft Title V permits for several refineries and other industrial facilities in California. Evaluated the public health impacts of locating big-box retail developments in densely populated areas in California and Hawaii. The impacts of diesel exhaust emissions and noise on surrounding residential communities were measured and evaluated. In conjunction with the permitting of several residential and commercial developments, conducted studies to determine baseline concentrations of diesel exhaust particulate matter using an aethalometer. For an Indiana steel mill, evaluated technology to control NOx and CO emissions from fired sources, including electric arc furnaces and reheat furnaces, to establish BACT. This required a comprehensive review of U.S. and European operating experience. The lowest emission levels were being achieved by steel miIIs using selective catalytic reduction ("SCR") and selective non-catalytic reduction ("SNCR") in Sweden and The Netherlands. For a California petroleum coke calciner, evaluated technology to control NOx, CO, VOCs, and PMlO emissions from the kiln and pyroscrubbers to establish BACT and LAER. This required a review of state and federal clearinghouses, working with regulatory agencies and pollution control vendors, and obtaining and reviewing permits and emissions data from other similar facilities. The best-controlled facilities were located in the South Coast Air Quality Management District ("SCAQMD"). For a Kentucky coal-fired power plant, identified the lowest NOx levels that had been permitted and demonstrated in practice to establish BACT._ Reviewed operating experience of European, Japanese, and U.S. facilities and evaluated continuous emission monitoring data. The lowest NOx levels had been permitted and achieved in Denmark and in the U.S. in Texas and New York. In support of efforts to lower the CO BACT level for power plant emissions, evaluated the contribution of CO emissions to tropospheric ozone formation and co-authored report on same. . Critically reviewed and prepared technical comments on applications for certification (" AFCs") for several natural-gas fired and geothermal power plants in California permitted . 2 Petra Pless. D.Env. by the California Energy Commission ("CEC"). The comments addressed construction and operational emissions inventories and dispersion modeling. BACf for turbines, etc. Critically reviewed and prepared technical comments on draft PSD permits for several natural-gas fired power plants in California, Indiana, and Oregon. The comments addressed emission inventories, BACf, case-by-case MACf, compliance monitoring, cost- effectiveness analyses, and enforceability of pennit limits. For a California refinery, evaluated technology to control NOx and CO emissions from CO Boilers to establish RACT /BARCf to comply with BAAQMD Rule 9-10. This required a review of BACf/RACf/LAER clearinghouses, working with regulatory agencies across the U.s., and reviewing federal and state regulations and State Implementation Plans ("SIPs"). The lowest levels were required in a SCAQMD rule and in the Texas SIP. In support of several federal lawsuits filed under the Clean Air Act, prepared cost- effectiveness analyses for SCR and oxidation catalysts for simple cycle gas turbines and evaluated opacity data. Provided comprehensive environmental and regulatory services for an industrial laundry chain. Facilitated pennit process with the SCAQMD. Developed test protocol for VOC emissions, conducted field tests, and used mass balance methods to estimate emissions. Reduced disposal costs for solvent-containing waste streams by identifying alternative disposal options. Performed health risk screening for air toxics emissions. Provided pennitting support with SCAQMD. Renegotiated sewer surcharges with wastewater treahnent plant. Identified new customers for shop-towel recycling services. Designed computer model to predict PC";VUUance of biological air pollution control (biofilters) as part of a collaborative technology assessment project, co-funded by several major chemical manufacturers. Experience using a wide range of environmental software, including air dispersion models, air emission modeling software, database programs, and geographic information systems ("GIS"). Water Quality and Pollution Control Experience in all phases of water quality and pollution control, including surface water and ground water quality and supply studies, evaluating water and wastewater treahnent technologies, and identifying. evaluating and implementing pollution controls. Some typical projects include: For a homeowner's association, reviewed a California Coastal Commission staff report on the replacement of 12,000 linear feet of wooden bulkhead with PVC sheet pile armor. Researched and evaluated impact of proposed project on lagoon water quality, including sediment resuspension, potential leaching of additives and sealants, and long-term stability. Summarized results in technical report. For a 500-MW combined-cycle power plant, prepared a study to evaluate the impact of proposed groundwater pumping on local water quality and supply, including a nearby stream, springs, and a spring-fed waterfall. The study was docketed with the CEC and summarized in a journal article. Evaluated impacts of on-shore oil drilling activities on large-scale coastal erosion in Nigeria. 3 e e . Petra Pless, D.Env. e For a 500-MW combined-cycle power plant, identified and evaluated methods to reduce water use and water quality impacts. These included the uSe of zero-liquid-discharge systems and alternative cooling technologies, including dry and parallel wet-dry cooling. Prepared cost analyses and evaluated impact of options on water resourceS. This work led to a settlement in which parallel wet dry cooling and a crystallizer were selected, replacing 100 percent groundwater pumping and wastewater disposal to evaporation ponds. . Applied Ecology, Industrial Ecology and Risk Assessment Experience in applied ecology, industrial ecology and risk assessment, including human and ecological risk assessments, life cycle assessment, evaluation and licensing of new chemicals, and fate and transport studies of contaminants. Experienced in botanical, phytoplankton, and intertidal species identification and water chemistry analyses. Some typical projects include: For the California Coastal Conservancy, San Francisco Estuary Institute, Invasive Spartina Project, evaluated the potential uSe of a neW aquatic pesticide for eradication of non-native, invasive cordgrass (Spartina spp.) species in the San Francisco Estuary with respect to water quality, biological resources, and human health and safety. Assisted staff in preparing an amendment to the Final EIR. Evaluated likelihood that measured organochlorine pesticide concentrations at a U.S. naval air station are residuals from past applications of these pesticides consistent with manufacturers' recommendations. Retained as expert witness in lawsuit. Prepared human health risk assessments of air emissions from several industrial and commercial establishments, including power plants, refineries, and commercial laundries. Managed and conducted studies to license new pesticides. This work included the evaluation of the adequacy and identification of deficiencies in existing physical/ chemical and health effects data sets, initiating and supervising studies to fill data gaps, conducting environmental fate and transport studies, and QA/ QC compliance at subcontractor laboratories. Prepared licensing applications and coordinated the registration process with German licensing agencies. This work led to regulatory approval of several pesticide applications in less than six months. Designed and implemented database on physical/ chemical properties, environmental fate, and health impacts of pesticides for a major European pesticide manufacturer. Designed and managed toxicological study on potential interferenCe of delta-9-tetrahydro- cannabinol in food products with U.S. employee drug testing; co-authored peer-reviewed publication. Critically reviewed and prepared technical comments on AFCs for several natural-gas fired and geothermal power plants and transmission lines in California permitted by the CEC. The comments addressed avian collisions and electrocution, construction and operational noise impacts on wildlife, risks from brine ponds, and impacts on endangered species. For a 180-MW geothermal power plant, evaluated the impacts of plant construction and operation on the fragile desert ecosystem in the Salton Sea area. This work included baseline noise monitoring and assessing the impact of noise, brine handling and disposal, and air emissions on local biota, public health, and welfare. . 4 Petra Pless, D.Env. Designed research proto~ols for a coastal ecological inventory; developed sampling methodologies, coordinated field sampling, determined species abundance and distribution in intertidal zone, and analyzed data. Designed and conducted limnological study on effects of physicalj chemical parameters on phytoplankton succession; performed water chemistry analyses and identified phytoplankton species; co-authored two journal articles on results. Conducted technical, ecological, and economic assessments of product lines from agricultural fiber crops for European equipment manufacturer; co-authored proprietary client reports. Developed life cycle assessment methodology for industrial products, including agricultural fiber crops and mineral fibers; analyzed technical feasibility and markets for thermal insulation materials from plant fibers and conducted comparative life cycle assessments. Conducted and organized underwater surveying and mapping of plant species in several lakes and rivers in Sweden and Germany as ecological indicators for the health of limnological ecosystems. . PRO BONO ACTIVITIES Management of "5econdAid," a non-profit organization providing tsunami relief for the recovery of small family businesses in Sri Lanka. (www.secondaid.org) Technical consulting for Lakota Village Fund, a non-profit organization for environmental improvement and economic development projects for the Pine Ridge Reservation in South Dakota. (www.1akota-village.de) e PROFESSIONAL AFFILIATIONS American Chemical Society American Institute of Chemical Engineers Association of Environmental Professionals SELECTED PUBLICATIONS Fox JP and Pless P, Cost-effectiveness of catalytic oxidation for the control of VOCs and CO from power generation facilities, to be submitted to Journal of the Air & Waste Management Association. Fox JP and Pless P, Fuel and energy penalties associated with catalytic pollution control systems used in power generation, to be submitted to Power Engineering. Fox JP, Rose TP, Sawyer TL, and Pless P, Isotope hydrology of a spring-fed waterfall in fractured volcanic rock, to be submitted to Journal of Hydrology. Leson G and Pless P, Hemp seeds and hemp oil, in: Grotenhermen F and Russo E (eds), Cannabis und Cannabinoids, Pharmacology, Toxicology, and Therapeutic Potential, The Haworth Integrative Healing Press, New York, 2002. . 5 . . . Petra Pless, D.Env. Leson G, Pless P, Grotenhermen F, Kalant H, and ElSohly M, Evaluating the impact of hemp food consumption on workplace drug tests, Journal of Analytical Toxicology, vol. 25 (11/12), pp. 1-8, 2001. Pless P, Technical and environmental assessment of thermal insulation materials from fiber crops, doctoral dissertation in Environmental Science and Engineering, University of California, Los Angeles, 2001. Leson G and Pless P, Assessing the impact of mc uptake from hemp oil cosmetics on work- place drug testing, Report to the Agricultural Research and Development Initiative (" ARDi"), Morris, MB, 2001. Leson G and Pless P, Hemp Foods and Oils for Health, Your Guide to Cooking, Nutrition and Body Care, HempTech, Sebastopol, CA, 1999. Leson G and Pless P, What variety? Hemp cultivars for Canada, CoIiunercial Hemp, Fall 1998, pp. 7-8. Leson G and Pless P, Farming and processing: Technology status, Commercial Hemp, Summer 1998, pp. 5-6. Center for Waste Reduction Technologies in the American Institute'of Chemical Engineers, Collaborative Biofilter Project, Technical Report, co-author with Leson G of sections 'Compound Database: 'Design ManuaV and 'Literature Database: 1998. Hantke B, Domany I, Fleischer P; Koch M, Pless P, Wiendl M, and Melzer M, Depth profiles of the kinetics of phosphatase activity in hardwater lakes of different trophic level, Arch. Hydrobiologia, vol. 135, pp. 451-471, 1996. Hantke B, Fleischer P, Domany I, Koch M, Pless P, Wiendl M, and Melzer M, P-release from DOP by phosphatase activity in comparison to P-excretion by zooplankton: studies in hardwater lakes of different trophic level; Hydrobiologia, vol. 317, pp. 151-162, 1996. Pless P, Untersuchungen zur Phytoplanktonentwicklung im Herrensee (investigations on phytoplankton succession in an oligotrophic hardwater lake), Masters Thesis in biology with focus on botany/ecology /limoology, Technical University of Munich, Germany, 1991. 6 7. Gloria D. Smith, Adams Broadwell Joseph & Cardozo, October 28, 2005. . Response 7-1 This comment provides ao iotroductioo to the Adams Broadwell Joseph & Cardozo commeots on the Draft EIR. No response is required. Response 7-2 The commeot provides the commentor's summary of the proposed project This comment does not address ao enviroomeotal issue or raise aoy questioo regardiog the aoalysis or cooclusions io the EIR. No respoose is required. We oote that throughout the letter the commeotor merely expresses narrative argumeot and unsubstaotiated opinioo, and does oot state facts cootrary to the analysis or conclusioos in the EIR. CEQA does oot require the City to respood to every narrative argumeot aod unsubstaotiated opinioo expressed by the commentor. Response 7-3 This commeot does oot address an environmeotal issue or raise aoy questioo regarding the aoalysis or cooclusioos io the EIR. No respoose is required. Response 7-4 The commeot provides a descriptioo of the techoical assistance used io the preparation of the comment letter. All three attachmeots are included at the end of Letter 7 and are numbered aod respooded to below. This coinmeot does oot address ao eoviroomeotal issue oor raise aoy questioo regardiog the analysis or cooclusioos io the EIR. No response is required. . Response 7-5 The commeot provides a descriptioo of the purposes of CEQA This comment does oot address an enviroomental issue or raise aoy questioo regardiog the aoalysis or cooclusioos io the EIR. No respoose is required. Response 7-6 As stated on page 2-l of the Draft EIR, "This EIR meets the content and analysis requiremeots of a Project EIR [emphasis added], as defioed in Sectioo l5l6l of the State CEQA Guidelioes. A Project EIR examioes the eoviroomeotal impacts of a specific developmeot project. This type of EIR focuses primarily on the changes in the environment that would result from the development project. A Project EIR shall examine all phases of the project iocluding plaooiog, constructioo, and operatioo." Thus, the statement that a Project EIR was oot prepared is iocorrect. Aoy refereoce by the City to a focused EIR refers to the fact that the Project EIR focuses aoalysis 00 those issues identified io the loitial Study as poteotially significaot, as permitted by CEQA Guidelioes Sectioo l5063(c)(3). The EIR has been revised to delete the use of the term "focused", so as oot to cause any coofusioo with the term "Focused EIR" as used io Public Resource Code sectioo 2ll58, although this Project EIR would qualify as ao adequate CEQA documeot uoder that sectioo. This Project EIR was prepared subsequeot to the City's certificatioo of a Program EIR for its Geoeral Plan Update earlier this year. The EIR for the 2005 Geoeral Plao Update (GPU) aod all supportiog 9-202 ENVIRONMENTAL UvlPACf REPORT TEMECULA REGIONAL HOSPITAL e CITY OF TEMECUlA . . . Responses to Comments on the Draft ElR studies are fully iocorporated ioto the EIR for this hospital project. The GPU contemplated a regiooal hospital like this Project. Therefore, aoy subsequeot references io the subject comment letter to a "focused EIR" are iocorrecl. This Project EIR is a "full" EIR io that it fully addresses all applicable areas required by CEQA. As required by CEQA Sectioo lS063, the City prepared ao loitial Study in March of 2005 to determioe whether the project may have a significaot effect 00 the eoviroomeol. Duriog this first level of review, the City determined that all poteotially sigoificaot impacts could be mitigated aod prepared a draft Mitigated Negative Declaratioo dated March 4, 2005. The draft Mitigated Negative Declaratioo was circulated for public review from March 4, 2005 to April 6, 2005. As a result of one commeot letter received 00 the draft Mitigated Negative Declaratioo that raised questions regardiog poteotially significant aesthetics, air quality, aod traffic impacts, the City prepared a revised loitial Study and determined that the following issues warranted further aoalysis via ao EIR: aesthetics, air quality, hydrology aod grouodwater, laod use and planoiog, noise, and transportatioo. Because the prior loitial Study had beeo circulated for review by public ageocies and the public, with 00 letters raisiog any coocems or questions received from aoy responsible ageocies, the City requested a shortened 30-day review period from the State C1earioghouse. The State C1earioghouse graoted the shorteoed review period. Thus, the process for eosuriog adequate review of the project aod its poteotial impacts has conformed to CEQA requirements. CEQA does oot defioe the term "full" EIR as used by the commeotor. We presume that by usiog the term "full", the commeotor desires aoalysis of impact areas fouod as "00 significant impact" in the loitial Study. The City used the loitial Study process, as encouraged aod permitted by CEQA, to ideotify those issues requiring analysis in the EIR. All other issues are adequately addressed io the Initial Study (see Appeodix A of the Draft EIR.) CEQA does oot require that ao EIR provide aoalysis of issues not identified as significant in the Initial Study. This EIR is procedurally and substantively sufficient, as explained in the document and supportiog studies. The balaoce of the commeots made io this paragraph are geoeral io nature regarding the adequacy of the EIR. Each of these general commeots is addressed io detail where the detailed commeot arises in the balaoce of the letter. Response 7-7 The commentor is incorrect about the proper CEQA procedures followed for this EIR. As noted in Response 7-6, the subject document is a Project EIR, oot a focused EIR. In additioo to formal public hearings before the Planning Commissioo aod City Council, the public and responsible agencies have had two opportunities to review the potential enviroomental effects of the project: 1) during the origioalloitial Study/draft Mitigated Negative Declaration circulatioo period of March 4, 2005 to April 6, 2005 aod 2) duriog the shorteoed 3O-day review period graoted by the State C1earioghouse. The State Clearinghouse, in its letter dated September 26, 2005 graotiog the shorteoed review period, determioed that the circumstances presented by the City warraoted a 3D-day review period for the Draft EIR. crrv OF TEMECULA ENVlRONMENTAllMPAO REPORT TEMECULA REGIONAL HOSPITAl 9-203 Responses to Comments on the Draft ElR Response 7-8 e The commeotor is incorrect about the proper CEQA procedures followed for this EIR. See Respooses 7-6 aod 7-7. The formal written commeot period closed on October 28, 2005. All persons, orgaoizatioos, aod agencies wishing to comment further on the Draft and Final EIRs may do so duriog formal public heariogs before the Plaooing Commission aod City Couocil. These comments and the City's respooses to such oral and writteo commeots will become part of the project admioistrative record. Response 7-9 This commeot is a oarrative argumeot, aod does oot present aoy facts cootrary to the aoalysis or conclusions in the EIR. The comment provides several citations regarding the importaoce of a consisteot project description aod states geoerally, that the EIR does not provide such, oor does the EIR accurately aod completely describe the eoviroomeotal settiog. To the cootrary, pages 3-l through 3-l0 of the Draft EIR provide an accurate description of the project aod eoviroomental settiog. Each of these geoeral commeots is addressed io detail where the detailed commeot arises io the balaoce of the letter. Response 7-1 0 The commeot states that the EIR fails to ioclude a detailed coostructioo schedule with the list of equipment that will be used. The commentor is iocorrect. The coostruction schedule, with a list of constructioo equipmeot aod details of the equipmeot, iocluding horsepower, load factor, aod hours of use per day are iocluded io the Draft EIR as part of the air quality analysis worksheets io Appendix B. 10 summary, Appendix B indicates the following schedule: e Phase 1 - Demolition Assumptions Start MoothjY ear for Phase l: jao '06 Phase 1 Duration: 3 months Building Volume Total (cubic feet): 54000 Building Volume Daily (cubic feet): l500 Oo-Road Truck Travel (VMT): 84 Off-Road Equipment No. Type Horsepower Load Factor Hours/Day 1 Crushiog/Processing Equip 2 Rubber Tired Dozers 1 Rubber TIred Loaders 1 Tractor/Loaders/Backhoes 1 54 0.780 8.0 352 0.590 8.0 165 0.465 8.0 79 0.465 8.0 Phase 2 - Site Grading Assumptioos Start MonthjYear for Phase 2: Apr '06 Phase 2 Duration: 6 mooths On-Road Truck Travel (VMT): 18 e ENVIRONMENTAL IMPAG REPORT TEMECULA REGIONAL HOSPITAL CITY OF TEMECULA 9-204 Responses to Comments on the Draft ElR . Off-Road Equipmeot No. Type Horsepower load Factor Hours/Day 2 Excavators l80 0.580 8.0 1 Graders l74 0.575 8.0 2 Off Highway Tractors 255 0.4l0 8.0 4 Off Highway Trucks 417 0.490 8.0 2 Other Equipmeot 190 0.620 8.0 1 Rubber Tired loaders l65 0.465 8.0 2 Scrapers 313 0.660 8.0 2 Sigoal Boards l19 0.820 8.0 2 Treochers 82 0.695 8.0 Phase 3 - Buildiog Coostructioo Assumptions Start Mooth/year for Phase 3: Oct '06 Phase 3 Duration: 5l mooths Start Mooth/y ear for Sub Phase Building: Oct '06 Sub Phase Buildiog Duratioo: 51 months Off-Road Equipmeot No. Type Horsepower load Factor Hours/Day . 1 Coocrete/lodustrial saws 84 0.730 8.0 2 Cranes 190 0.430 8.0 2 Other Equipment 190 0.620 8.0 1 Rough T erraio Forklifts 94 0.475 8.0 2 Sigoal Boards l19 0.820 8.0 Start Month/year for Sub Phase Architectural Coatiogs: Jul '10 Sub Phase Architectural Coatiogs Duration: 5.l months Start Month/y ear for Sub Phase Asphalt: Oct 'l 0 Sub Phase Asphalt Duratioo: 2.6 months Acres to be Paved: 13 Off-Road Equipmeot No. Type Horsepower load Factor Hours/Day 1 Off Highway Trucks 417 0.490 8.0 3 Pavers 132 0.590 8.0 5 Paviog Equipmeot III 0.530 8.0 2 Rollers 114 0.430 8.0 2 Sigoal Boards ll9 0.820 8.0 1 Surfacing Equipmeot 437 0.490 8.0 The coostructioo schedule included io the Draft EIR was used to aoalyze the air quality impacts aod to estimate emissions associate with the proposed project. Accordiog to the project applicaot, the . 9-205 ENVlRONMENTAllMPAG REPORT TEMECULA REGIONAL HOSPITAL CITY OF TEMECULA Responses to Comments on the Draft fiR total constructioo period of 36 mooths is anticipated to occur over a period of six years. The aoticipated mooths for constructioo for each phase of coostructioo iodicated in Sectioo 3, Project Descriptioo are correct, but the overall coostructioo period will span approximately six years. No further detail concerniog the construction schedule is necessary for an EIR. . Response 7-11 All of the techoical studies refereoced in the Initial Study are available for public review at the City of T emecula Plaooiog Departmeot, iocludiog the referenced study. Because poteotial impacts with regard to geology and soils were fouod to be less than significaot at the loitial Study level, the cut aod fill aoalysis in the Draft EIR is iocluded in the Air Quality section. A Cooceptual Grading Plao is available for review at the City of T emecula Planoiog Departmeot The City of T emecula typically provides a copy of a project's gradiog plao for review at the Plaooiog Couoter, due to the size of the plans. An actual fioalized "gradiog plan" as submitted prior to coostructioo is oot required at the EIR stage of a project, because it contains detail unoecessary for CEQA review. Furthermore, a gradiog plao contaios too much detail aod is too large to shriok dowo to ao II x l7 ioch sheet for inclusion io,;o loitial Study or EIR. Section 15148 of the CEQA Guidelioes indicates that techoical reports rnay be cited rather thao included as part of EIR documentatioo. The proposed project is estimated to result io approximately 2,500 cubic yards of export, as the commeot ootes. This value was used io the URBEMIS2002 aoalysis in the proposed project's air quality aoalysis. Response 7-12 As stated io the Draft EIR, Section 4.5, Noise aod the ooise techoical study (Appendix C of the Draft EIR), an analysis of the rnechaoical equipment room noise levels is not curreotly possible as the detailed coostruction desigo of the roomJbuildiog is oot koown aod the product details for all the equipmeot are oot available. However, based on the fact that the roorn will cootain various rnechanical equipment, including pumps, chillers, aod boilers, it is aoticipated that it could produce sigoificaot impacts at the residential properties uoless mitigatioo is iocorporated into the desigo. Therefore, the impact is poteotially sigoificant Noise mitigatioo measure N-l mitigates for this poteotially sigoificant noise impact No further aoalysis is oecessary uoder CEQA. . All other potential impacts associated with the mechanical equipment will be regulated aod mitigated through federal, state, and local laws and policies. Please refer to Respoose 7-33 regardiog air emissioos from the mechanical equiprneot Response 7-13 The cornrnentor is incorrect about the CEQA process for this Project This commeot is a oarrative argument, aod does not state any facts contrary to the aoalysis or cooclusioos io the EIR. Please refer to Respoose 7-6 regardiog the reasons why the City has prepared this Project EIR examioing the raoge of potentially significaot project effects. Response 7-14 This comment is a oarrative argumeot, aod does oot state aoy facts cootrary to the aoalysis or conclusioos in the EIR. Please refer to Respoose 7-6 regarding the reasons why the City has . ENVlRONMENTAlIMPACT REPORT TEMECULA REGIONAL HOSPITAL CITY OF TEMECULA 9-206 e . . Responses to Comments on the Draft fiR prepared this Project EIR examioiog the raoge of potentially sigoificaot project effects. The City of Temecula used the loitial Study process, as eocouraged aod permitted by CEQA, to ideotify thpse issues requiriog aoalysis io the EIR. All CEQA issues are adequately addressed either in the text of the EIR or io the loitial Study, which is part of the EIR (see Appeodix A of the Draft EIR). Response 7-15 through 7-17 These commeots are a narrative argument, aod do oot state aoy facts cootrary to the aoalysis or cooclusioos io the EIR. See Respooses 7-6 and 7-l4. The City has complied with the requiremeots of CEQA regardiog preliminary project aoalysis and review. No respoosible agencies raised aoy substaotial issue of coocern duriog the origioal loitial Study/draft Mitigated Negative Declaratioo review period, and only ooe public comrneot letter raised aoy issues of substance. The City has prepared ao EIR for the project. The so-called "fair argumeot" standard for EIR preparatioo ooly applies wheo an ageocy elects to prepare a oegative declaration rather than an EIR. 10 additioo to certaio techoical appeodices, the followiog are page citatioos for the compreheosive eoviroomeotal impact aoalysis found in the Draft EIR: Aesthetics found 00 pages 4-4 through 4-l4, Air Quality fouod 00 pages 4-23 through ~26, Hydrology and Grouodwater fouod 00 pages 4-33 through 4-35, Laod Use and Plaooing fouod on pages 4-39 through 4-4l, Noise fouod 00 pages 4-5l through 4- 65, aod Transportatioo found on pages 4-80 through 4-93. It should be ooted that the cornmeotor's citation to the Remy Thomas publication cites a "Master EIR" section that is oot relevaot to this project or the project EI R. Response 7-18 The City of T emecula ackoowledges, as indicated io the comrneot, that the two koowo leakiog underground fuel tanks (LUFTs) are located within the proximity of, but oot on the project site. These two LUFTs are: a Chevron statioo located at 31669 Highway 79 and ao ARCO gas station at 44239 Margarita Road. Additionally, a Shell statioo located at 44260 Redhawk Parkway east of the Chevroo statioo is knowo to have a LUFT as well. The City has reviewed publicly available records for the three LUFTs, iocluding the two identified by the commeot. The publicly available records do oot iodicate or support the cooteotioo that contaminatioo from aoy of these LU FT s has affected the subject property at all. Documeotatioo submitted by Shell to the State Regiooal Water Quality Cootrol Board indicates that there is 00 effect 00 drinkiog water wells, aod that the cooceotratioos of cootamioaots near the offsite LUFT locatioos are actually decreasiog. As part of the public review process for the lriitial Study aod NOP for the EIR, the State Regional Water Quality Control Board did oot provide aoy cornmeots and did oot state that groundwater cootamination is of coocern for this project. Remediatioo of the LUFTs is the respoosibility of the property owoers 00 which the cootaminatioo origioates. aod all such rernediatioo must occur in a timely manoer and pursuaot to state aod federal regulatioos. 10 aoy eveot, the existence of the off site LUFTs does oot pose a CEQA-related impact for this Project. This Project does oot iotroduce aoy LUFTs ioto the eoviroomeot, nor does it ioclude the environmeotal remediatioo of soil or grouodwater, as 00 such hazards have beeo identified to exist 00 the project site. Thus, as coocluded in the loitial Study, eoviroomeotal irnpact will be less thao sigoificaot. CITY Of TEMECULA ENVlRONMENTAllMPAG REPORT TEMECULA REGIONAL HOSPITAJ. 9-207 Responses to Comments on the Draft fiR Response 7-19 e This comment is a oarrative argumeot aod expresses uosubstaotiated opioioo, aod does not state any facts cootrary to the aoalysis or conclusioos in the EIR. The commeot references the City's Geoeral Plan EIR with regard to new developmeot 00 cootamioated property, but igoores the fact that the project site is oot a cootamioated property. The commeot does oot provide aoy facts that the nearby LUFTs preseot any health risks to workers or patients related in any way to the proposed Project. At the Chevron station (31669 Highway 79), ooly mooitoring is in place, and no remediatioo is curreotly implemeoted.' At the Arco statioo (44239 Margarita Road), both mooitoring and remediatioo io the form of grouodwater extractioo aod treatmeot are curreotly io place. Moreover, the Arco statioo has a permit to discharge to surface water.' Both of these gas statioos have a methyl tert.butyl ether (MTBE) threat classification of B - second highest priority, meaoing that the LUFTs contamioatioo is oot affecting the nearby driokiog wells. The exteot of the Shell statioo cootamioatioo is curreotly unknowo because exteosive mooitoriog has oot occurred. While the Shell station currently has a MTBE treat c1assificatioo of A, meaniog a poteotial threat to drinking wells exists, mooitoring aod remediation in the form of groundwater extractioo aod treatmeot are io place.' Documeotatioo submitted by Shell to the State Regiooal Water Quality Control Board indicates that there is 00 effect on drioking water wells, aod that the cooceotratioos of cootamioaots oear the offsite LUFT locatioos are actually decreasiog. The Raocho California Water District, as required by state aod federal law, contiouously mooitors grouodwater cooditioos to ensure state aod federal driokiog water staodards are met. As stated io Respoose 7.l8 and io the City's Geoeral Plao EIR, remediatioo of cootamioated sites is the respoosibility of the site owoer and is subject to state and federal regulations. Response 7-20 . This comment does not state aoy facts cootrary to the aoalysis or cooclusioos io the EIR. The proposed project will coooect to the muoicipal water supply via the Raocho California Water District's conoections. The City's evaluatioo did not determioe and the commentor has not provided any factual evidence that the nearby LUFfs present any risks to the municipal water supply. Even so, leaks from offsite LUFTs do not pose CEQA impacts resultiog from this project. The proposed project will coooect to a muoicipal water system, as ooted above in Respoose 7.19, RCWD eosures that public water supplies comply with driokiog water standards. The State Regiooal Water Quality Cootrol Board has been mooitoriog progress of the remediation of the Shell statioo aod has oot ideotified contamination exteodiog to the Project site. If, as a result of its oogoiog iovestigatioos, documeotable evideoce arises that a plume exteods beoeath the Project site to ao exteot that would likely cause the oeed to guard agaiost vapor release during Project gradiog operatioos, the applicant will undertake precautionary actions consisting of monitoring and installation of any necessary barriers if oeeded. 3 httO:/~lleotracker.swrcb.ca.llov/rpoorts/llJft risk.aso?~dohal id=T0606S99286&assillned name=MAINSIT. Date accessed: November 10, 2005. 4 httn:/ /p:potrader.swrc:h.c<I_llOV /renortc;/lllftasn?l!fohal in= TOnOn.S992SS&<lc;sil!ned n<lme=MAI NSIT, Date accessed: November 10, 2005. Shtto://lleotracker.swrcb.ca.e'ov/reoortc;/Iuft rislcac;o?e'lobal id=T0606S97082&assillned name=MAINSITE. Date accessed: November 10, 2005. e ENVlRONMENTAlIMPAO REPORT TEMECULA REGIONAL HOSPITAL CfTY OF TEMECUlA 9-208 . . . Responses to Comments on the Draft fIR The remaioder of this commeot expresses unsubstaotiated opioioo, aod does not state aoy facts cootrary to the analysis or cooc1usioos in the EIR. The project does oot cootemplate aoy significaot excavatioo. The commeotor has oot provided aoy evideoce that the oearby lUffs p~eseot aoy risks of cootaminant exposure to coostructioo workers, the hospital staff, or patieots. Response 7-21 The commeot is incorrect; the loitial Study aoalyzed seismic and earthquake related issues, inc1udiog liquefaction. The loitial Study, Appendix A of the Draft EIR, states that the proposed project is 1.6 miles from the Temecula segment of the lake Elsioore Fault. The PSI, loc. Geotechoical Exploratioo Report, Proposed Temecula Hospital (May l4, 2004) referenced io the Initial Study was prepared for the proposed project. The City of T emecula requires that all developmeots comply with the staodards of the Uoiform Buildiog Code; thus, the proposed project will be coostructed according to the Uoiform Buildiog Code's standards with regard to seismic hazards for the appropriate grouodshakiog zooe. Furthermore, as a hospital, the project will be coostructed to striogeot seismic staodards. Specifically, the Project's design must be reviewed aod approved by the California Office of Statewide Health Plaooing and Developmeot (OSHPOD) to assure compliaoce with the Hospital Seismic Safety Act (Health and Safety Code Sec l29675 et. seq.). Response 7-22 As stated on page 3-8 of the Draft EIR, "While the overall project must comply with the requiremeots of the City Planning Departmeot, the buildiog requiremeots for the hospital buildiogs are uoder the sole cootrol of the State of California, Office of Statewide Health Plaooiog aod Developmeot. As a result, to the exteot required by law all references in the EIR with respect to buildiog and occupancy permits are intended to apply only to the ooo-hospital facilities." Furthermore, 00 page 3-9 of the Draft EI R, the City recognizes the fact that the California Office of Statewide Health Plaooiog aod Developmeot will approve the hospital building and occupaocy permits. Compliaoce with existiog regulatioos addresses aoy poteotial impact. Response 7-23 This cornmeot does oot state any facts cootrary to the analysis or conc1usioos in the EIR. 10 the loitial Study, seismic aod other geology-related impacts are ideotified as less thao significant due to required compliaoce with a striogeot set of cooditioos of approval stated at pages l6 aod 1 7 of the Initial Study. Moreover, the project must comply with the Hospital Seismic Safety Act which requires that the project design be evaluated and approved for seismic safety by OSHPOD. Thus, per CEQA Section l5063(c)(3), no further aoalysis is required io the EIR. Response 7-24 The commeot is iocorrect. The PSI, loe. Geotechoical Exploratioo Report, Proposed Temecula Hospital (May l4, 2004) refereoced io the loitial Study was prepared for the proposed project aod addressed liquefaction issues. The geotechoical report coofirmed that the project site is located in a mapped Iiquefactioo zooe aod has a moderate risk poteotial for soil Iiquefactioo. As required by the City's cooditions of approval for the proposed project, the geotechnical report provides recommendatioos for the structural desigo to address liquefactioo and standard practices of the Structural Eogioeers Associatioo of California also will be required by the City. These staodard CITY OF TEMECUlA ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAL 9.209 Responses to Comments on the Draft ElR practices to address koowo conditions are ideotitied io the Initial Study, with the cooclusion that impact will be less thao sigoiticaol. Thus, per CEQA Section l5063( c)(3), 00 further aoalysis is required in the ~IR. e Response 7-25 This commeot is a oarrative argumeot aod expresses uosubstantiated opioion, and does oot state any facts cootrary to the aoalysis or cooclusioos io the EIR. 10 the last two sentences, the commeot states that the regulatory settiog ioformation .for the California PM,. staodard in the EIR was ioaccurate. The federal staodard is Aooual Arithmetic Mean (AAM) PMlO > 50 Ilg/m' aod the state staodard for California is MM PM,. > 20 Ilgfm', which replaced Aooual Geometric Meao (AGM) PM,. > 30 Ilg/m' effective July 5, 2003. Table 4-l, Air Pollutioo Sources, Effects, aod Staodards, is hereby revised to correct the i'1accuracy regardiog the California PM,. staodard, as iodicated on the following page. Response 7-26 The commeot letter states that the ElR should be revised to include PM,.5 emissioos estimations. The South Coast Air Quality Maoagement District (SCAQMD) adopted its CEQA Air Quality Haodbook io 1993 to assist other public agencies with the preparatioo of air quality aoalyses. The SCAQMD recommeods that the lead Ageocy use this Haodbook as guidaoce wheo prepariog air quality aoalysis. The SCAQMD last revised the CEQA Air Quality Haodbook io November 200l '(Version 3). The Haodbook does oot ioclude requiremeots for modeliog PM,., emissioos or list thresholds to be aoalyzed withio CEQA, oor does the URBEMIS2002 program model PM,., emissioos. The California Air Resources Board (CARB) does oot curreotly have 24-hour staodards for PM,.,. The oearest air quality monitoriog statioo to Temecula, the lake Elsioore statioo, does oot curreotly mooitor for PM,.5' aod thus no information is available regarding baselioe PM,., cooditioos. Further, the CARB-approved URBEMIS2002 Model used to model air quality for this project does not model or otherwise consider PM2.5. Therefore, PM,., emissions were not calculated for the proposed project. . Fioally, the commeot does oot provide aoy facts iodicatiog that the project will geoerate PM,.5 io quaotities sufficieotto represeot a risk to air quality or humao health. Response 7-27 This commeot does oot state aoy facts cootrary to the aoalysis or cooclusioos io the EIR. The comment letter states that the EIR should be revised to ioclude a health risk assessmeol. Because the State of California Air Resources Board (ARB) ideotitied particulate matter from diesel-fueled engines as a toxic air contaminant, the SCAQMD Governing Board Mobile Source Committee directed SCAQMD staff to assess the health risks from truck stops and warehouse distributioo centers. Guidaoce for prepariog health risk assessments was prepared by SCAQMD in August 2002, titled Health Risk Assessment Guidaoce for Analyzing Cancer Risks from Mobile Source Diesel Idling Emissions for CEQA Air Quality Analysis. Accordiog to this guidance, health risk assessmeots are recommeoded for projects with diesel-powered mobile sources, including the following activities; truck idliog aod movemeot (such as, but oot limited to, truck stops, warehouse/distribution centers or traosit centers), ship hotelliog at ports, aod traio idling. The proposed project does oot propose major sources of diesel powered mobile sources duriog project operations. Therefore, a health risk assessmeot is oot warraoted. Furthermore, Table 4-l, the Air e ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAL CfTY OF TEMECULA 9-210 . Responses to Comments on the Draft fiR Pollutioo Sources, Effects, aod Staodards, is hereby revised because the primary effects columo describes the poteotial health risks from criteria air pollutants. Table 4-1 Air Pollution Sources, Effects, and Standards Suffident to reduce visual range to less than 10 miles at relative humidity less than 700/0, 8-hour average (9am . 5pm) lJg/m3 = micrograms per cubic meter of air; ppm = parts per million parts of air, by volume. Source: South Coast Air Quality Management District. CfQA Air Quality Handbook. November 2001 (Version 3) update. Air Pollutant Ozone (0,) Federal Primary Standard 0.12 ppm, 1-nour average; 0.08 ppm, 8-hour average 9.0 ppm, 8-nour average; 35 ppm, l-hour average State Standard 0.09 ppm, l-hour average Carbon Monoxide (CO) 9.0 ppm, 8-hour average; 20 ppm, 1. hour average Nitrogen 0.25 ppm, l-nour 0.053 ppm, annual Oxides average average (NO,) Sulfur 0.25 ppm, l-hour aver- 0.03 ppm, annual Dioxide age; 0.05 ppm, 24-nour average; 0.14 (SO,) average with ozone> = ppm, 24-hour 'i. 0.10 ppm, 1 nour average average or TSP > = 100 J.1g/m3, 24-hour average Respirable ;G 20 ug/m', annual 50ug/m', annual I Particulate geometric mean; > 50 arithmetic mean; Matter lJg/m3, 24-hour average 150 ug/m', 24- (PM,,) hour average Rne No Separate State 65 ug/m', 24-nour Particulate Standard average; 15 lJg/m3 Matter annual arithmetic (PM,,) mean Lead 1.5 ug/m', 3{}day average 1.51Jg/m3, calendar quarter Visibility Redudng Particles None . CITY Of TEMECULA Sources Abnospheric reaction of organic gases with nitrogen oxides in sunlight. Incomplete combustion of fuels and other carbon- containing substances such as motor vehicle exhaust; natural events, such as decomposition of organic matter. Motor vehicle exhaust; high-temperature stationary combustion; abnospheric reactions. Combustion of sulfur. containing fossil fuels; smelting of sulfur-bearing metal ores; industrial processes. Stationary combustion of solid fuels; construction activities;-industrial processes; industrial processes, abnospheric chemical reactions. Combustion sources such as automobiles, trucks, and stationary sources; at!11ospheric chemical reactions. Contaminated soil. 9-211 II.:......, :;lIeEtsPotential Health Risks Aggravation of respiratory and cardiovascular diseases; irritation of eyes; impairment of cardiopulmonary function; planlleaf injury. Reduced tolerance for exercise; impairment of mental function; impairment of fetal development; death at high levels of exposure; aggravation of some heart diseases (angina); reduced visibility. Aggravation of respiratory illness; reduced visibility; reduced plant growth; formation of acid rain. Aggravation of respiratory diseases (asthma, emphysema); reduced lung function; irritatio,n of eyes; reduced visibility; plant injury; deterioration of metals, textiles, leather, finishes, coatings, etc. Reduced lung function; aggravation of the effects of gaseous pollutants; aggravation of respiratory and cardio-respiratory diseases; increased coughing and chest discomfort; soiling; reduced visibility Increased mortality; reduced lung function; aggravation of the effects of gaseous pollutants; aggravation of respiratory and cardio-respiratory diseases; increased coughing and chest discomfort. Increased body burden; impairment of blood formation and nerve conduction; behavioral and hearing problems in cnildren. Visibility impairment on days when relative humidity is less than 70 percent ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAL Responses to Comments on the Draft fiR e Response 7-28 This commeot expresses unsubstantiated opioion, and does oot state any facts cootrary to the aoalysis or cooclusioos in the EIR. The comment speculates that the EIR might have uoderestimated coostructioo emissioos, particularly PMlO. The commeotor is iocorrect. Refer to Responses 7-29 through 7-3l for responses to more specific commeots associated with coostructioo emissions. Response 7-29 The commeot is iocorrect cooceroiog the coostructioo schedule. See Response 7-10. The comment expresses uosubstaotiated opioion that the estimates io the EIR are oot accurate. The comment further states that the constructioo time is portrayed differently in Section 3.0, Project Description, thao what was modeled in Sectioo 4.2,Air Quality, of the EIR. Refer to Response 7-10 for a discussion of the constructioo schedule. Response 7-30 This commeot expresses uosubstantiated opioion that coostructioo emissions estimates "may [be] substantially underestimate[dJ", and does oot state aoy facts cootrary to the aoalysis or conclusioos io the EIR. The comment letter states that the air quality emissions modeliog io the EIR did oot represeot worst-case cooditioos because the modeliog used default values. The default values are estimates for ao average project with similar land uses. To estimate fugitive dust emissioos, URBEMIS2002 estimated emissioos in the default level by multiplyiog the default emissions rate by the maximum acreage disturbed per day, provided io the program as 35.3l acres for the total project site or 11.77 acres to be disturbed per day. The defaults are programmed ioto the model to estimate emissioos wheo all informatioo is not available. Sioce more detailed informatioo was oot available, the defaults were appropriately used to model air quality emissions to be geoerated by the proposed project. Further, the City is not obligated to analyze a speculative worst case scenario. e URBEMIS2002 estimated eight hours of constructioo activity per day. Sectioo 4.5, Noise, described a raoge in time provided io the City of Temecula Muoicipal Code (Sectioo 8.32.020) which limits coostructioo to betweeo the hours of 6:30 A.M. and 6:30 P.M., Monday through Friday, 7:00 A.M. aod 6:30 P.M. 00 Saturday, aod oever 00 Suoday or holidays. The air emissioos modeling was conducted for ao eight-hour period within the 6:30 A.M. and 6:30 P.M. time range. The City of Temecula Muoicipal Code only exempts coostructioo activity rather than dictates wheo such activity will take place. Loostruction activity is aoticipated to result in a maximum of eight hours of emissions production during each day of grading, which is a standard average for a construction work day. Moreover, the commentor has not provided any evidence that the model default values in the URBEMIS2002 Model are incorrect. Therefore, 00 chaoge to the air quality modeling is warranted. Response 7-31 This comment expresses uosubstaotiated opinioo that wiod erosion duriog coostruction "cao be a substantial cootributor to fugitive dust from constructioo sites." This commeot does oot state aoy facts contrary to the analysis or cooclusions in the EIR. Specifically, the commeot states that the air . ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAL CITY OF TEMECUlA 9212 . . . Responses to Comments on the Draft EfR quality model did oot estimate emissioos resultiog from track-out aod wiod erosioo. As stated in the comment, URBEMIS2002 program does oot calculate emissioos created by wiod erosioo or track- out. Fugitive dust emissioos are emitted over large surface areas. Modeliog wiod-derived emissioos makes their quantificatioo ioherently less accurate thao actual tests cooducted on stacks or other ducts through which efflueots are ejected ioto the air. Track-out is also a source of air pollutioo that is mooitored 00 site ooly duriog coostructioo activities, rather thao modeled from computer-based programs aod estimated previous to coostructioo activities. Therefore, the EIR did oot ioclude modeliog for track-out or wiod erosioo emissioos. However, mitigatioo measures AQ-4, AQ-6, AQ- 7, aod AQ-ll io the EIR minimize emissioos resultiog from wiod erosion or track-out. Response 7-32 The commeot letter suggests that the EIR uoderestimated operatiooal emissions. The commeot states unsubstaotiated opinion that "the NOx sigoificaoce threshold will likely be exceeded" aod PMto emissioos "may exceed. the SCAQMD's significaoce threshold". Refer to Respooses 7-33 through 7-38 for respooses to more specific commeots associated with operatiooal emissioos. Response 7-33 The commeot expresses uosubstaotiated opioioo that NOx emissioos "may result io exceedaoce of the NOx sigoificaoce threshold". This commeot does oot state aoy facts cootrary to the aoalysis or conclusioos io the ElR. The comment letter states that the operatiooal emissioos estimates omitted emissions from helicopter use, cooliog towers, emergeocy geoerators, aod boilers. Accordiog to the Software User's Guide: URBEMIS2002 for Wiodows with Eohanced Constructioo Module prepared by Jones and Stokes (April 2005), fuel combustioo emissioos from water and space heatiog is estimated in the program per SCAQMD CEQA Handbook. Sioce informatioo regarding the frequency of helicopter use was oot available, it was estimated that the use of a helicopter to . traosport patieots will most likely be ao infrequeot use (00 average ooce per mooth, although the Caltraos permit allows up to six occurrences per mooth), aod therefore, the EIR does oot ioclude ao aoalysis of emissions from helicopters. Also, the loitial Study stated that heaters, air conditioners, aod other types of similar equipmeot (i.e. cooliog towers, geoerators, and boilers) would not geoerate a substaotial amouot of emissioos; consequently, they were oot aoalyzed io the EIR. Also, such equipmeot will be subject to SCAQMD regulatioo for emissioos cootrol. Please refer to Respoose 7-37 regardiog emissions attributed to use of electricity, such as the cooliog towers, emergency geoerators, boilers, aod the Heatiog, Veotilatiog, aod Air-Cooditioning system. Response 7-34 The commeot letter states that the air quality modeliog did oot correctly aoalyze emissioos from oatural gas usage. The commeot also states that the default values provided io the URBEMIS2002 model do oot calculate emissioos associated with oatural gas usage, specifically for hospital uses. The URBEMIS2002 program estimated 566, l60 square feet of hospital aod medical uses. The hospital laod use is described in the Software User's Guide: URBEMIS2002 for Wiodows with Eohaoced Coostructioo Module (Jooes aod Stokes, April 2005) as aoy "institutioo where medical or surgical care is giveo to ooo-ambulatory aod ambulatory patients aod overnight accommodatioos are provided", aod medical office uses are described as medical office buildiogs that "provide diagooses and outpatieot care." These uses are a correct interpretation of the uses analyzed io the EIR. These are also the laod uses URBEMIS2002 estimated for oatural gas usage. CITY OF TEMECULA ENVlRONMENTAllMPACT REPORT TEMECULA REGIONAL HOSPITAL 9-213 Responses to Comments on the Draft ElR As shown io Table RTC-l below, oatural gas emissioos were conducted for the project. All area source emissioos, iocludiog oatural gas emissioos resultiog from the proposed project, are showo iodividually. e Table RTC-l Operational Phase Regional Emissions for Area Source Emissions (in pounds per day) Emissions Source Pollutants (Ibsfday) NOx CO 3.77 3.l7 0.00 0.00 0.02 1.26 P"1'. 0.00 0.00 0.00 SO. 0.01 0.00 0.00 ROG Natural Gas 0.27 Hearth-No summer emissions 0.00 Landscapiog 0.18 Consumer Products 0.00 Architectural Coatings 7.93 Total Area Source Emissions 8.39 3.79 4.43 0.00 Source: P&D Consultants in August 2005 using the URBEMIS2002 emissions inventory model. 0.01 Response 7-35 The comment letter states that the air quality aoalysis used an iocorrect target year for operational emissioos. The phasing of the project aod the detailed coostructioo schedule provided by the project applicant shows a completioo date of December 20l2. However, URBEMIS2002 ooly allows construction for up to 60 mooths, or through to December 2010. Year 2010 was also ioserted into the program as the target year used for operatiooal traffic. Both the target year and the completioo of coostructioo were coosisteot. Therefore, NOx emissioos estimations represeoted ao accurate constructioo schedule. Refer to Respoose 7-l0 for a discussion of coostructioo schedule timiog. Additionally, using a 60-month overall constructioo schedule analyzes a "worst- case scenario" because air emissioos would be more cooservative with a shorter coostructioo schedule. Therefore, if the URBEMIS2002 allowed for a longer time frame for the constructioo schedule beyond five years (60 months), then the air emissions would be greater compared to those calculated in this EIR. e Response 7-36 The comment letter states that the EIR underestimated traffic emlSSIOOS by usiog a lower trip generatioo rate for a regiooal hospital use. The air quality modeliog relied 00 defaults inhereot io the URBEMIS2002 program. The trip geoeratioo rates used in the air modeling were geoeralized trip rates from the lostitute of Traosportatioo Eogioeers (ITE) Trip Geoeratioo Rate Manual, Seveoth Edition, 2003 for hospital and medical office uses. Refer to Respoose 7-48 for a discussion of the trip rates used in the traffic analysis. Response 7-37 The comment letter states that the EIR did not fully aoalyze secoodary emissioos from electricity generatioo. As stated in the EIR, emissioos from electricity generatioo are coosidered to be regiooal io oature. Emissioos attributed to use of electricity geoerated by iodividual projects are oot easily quantified due to the variety aod diverse locations of sources that supply electricity. Electricity provided to the site via regiooal suppliers could be geoerated almost aoywhere io California or even . ENVlRONMENTAllMPAG REPORT TEMECULA REGIONAL HOSPITAL CITY OF TEME(ULA 9-214 e . . Responses to Comments on the Draft ElR out of state. Completiog ao aoalysis as suggested by the commeotor would be purely speculative io oature. Every power plant io Califomia is required to analyze impacts per CEQA aod is subject to emissions controls applicable to the air basio in which it is located. Therefore, electrical geoeratioo emissions associated with the proposed project were oot quantified. No additional analysis is oecessary: Response 7-38 The comment letter states that the air quality aoalysis did not ideotify iocreased ozooe formatioo due to urbao heat islaod effect. The term "heat island" refers to urbao air aod surface temperatures that are higher thao oearby rural areas (Uoited States Eoviroomeotal Protectioo Agency, htto://www.eoa.gov/heatislaod/about/index.html. accessed November, 2005). Curreotly the SCAQMD does oot recogoize ozone formatioo due to urbao heat islaod effect as ao impact that requires aoalysis io a CEQA documeot. Therefore, no additiooal aoalysis is oecessary.' We further note that the proposed project would not result io exceedaoces of thresholds for NOx emissions duriog the operational phase of the project, and includes mitigatioo measure AQ-3 to iocorporate energy efficieot staodards for hospital and medical uses. Response 7-39 The Project is subject to regulation uoder the Natiooal Pollution E1imioatioo System (NPDES) General Permit No. CAS000002 for Storm Water Discharges Associated with Geoeral Coostructioo Activity (General Coostructioo Permit) Water Quality Order 99-08-DWQ. The Provisioos of the Geoeral Coostructioo Permit require the implementation of Best Maoagement Practices (BMPs) to control and abate the discharge of pollutaots in storm water discharges both duriog and after construction, including measures to prevent phosphorous contamination into waterways. The City Urban Storm Water discharges are regulated through the Municipal Separate Storm Sewer System permit (Order No. R9-2004-00l) (Hereioafter "Muoicipal Permit"). This permit requires that the City impose cooditions 00 the project to assure that aoy water quality impacts are mioimized to the Maximum Exteot Possible. Together, these two regulatory schemes will reduce aoy eoviroomeotal impacts from the Project's storm water discharges to below a level of significaoce. Water quality impacts will be less thao sigoificaot as a result of compliance with staodard City practices aod regulatioos, eoforced through cooditioos of approval that implemeot the City's NPDES permit. Constructioo-phase aod post-coostructioo BMPs will be designed aod iocluded ioto plaos for submittal to, aod subject to the approval of, the Director of Public Works prior to issuance of a gradiog permit. The project proponent will also provide proof of a mechaoism to ensure ongoiog long-term maintenaoce of all structural post-coostructioo BMPs. No additiooal impact aoalysis is required with regard to water quality. Response 7-40 This comment does oot state aoy facts cootrary to the aoalysis or cooclusioos io the EIR. The commeot speculates that flooding "can cootribute urban cootaminates to the creek." To the extent the commeotor implies that an analysis of creek-bed cootamioaots related to offsite flooding is part 6 Koizumi, James. Air Quality Specialist. Pefs. Comm. on November 17, 2005. South Coast Air Quality Management District. 7 Koizumi, James. Air Quality Specialist. Pers. Comm. on November 17, 2005. South Coast Air Quality Management District. CITY Of TEMECUlA ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAl 9-215 Responses to Comments on the Draft fiR of this project, the commeotor is iocorrect. As indicated io the Initial Study (Appendix A of the Draft EIR), the proposed project will result in a less thao significant impact with regard to substaotially altering the existing draioage pattero io the area resulting in substaotial erosioo or siltatioo 00 or off site, or iocrease the amouot of surface ruooff that would result in f1oodiog on- or off-site; aod exposing people or structures to a sigoificaot risk of loss, iojury, or death involviog f1oodiog or iouodatioo. The flooding impacts froro the proposed project are less then sigoificaot; therefore, 00 additiooal analysis or mitigatioo is required. For a further discussion of water quality impacts of the project to surface waters, see Respoose 7-39. e Response 7-41 The General Coostructioo Storm Water Permit requires that a Storm Water Pollutioo Preveotioo Plan (SWPPP) aod a Mooitoriog aod Reportiog Plan be prepared prior to the commeocemeot of "Iaod disturbing activities ". The City will require as a cooditioo of approval that the project applicant will prepare a SWPPP and file a Notice of loteot to Comply (NOI) with the Geoeral Coostructioo Permit prior to any laod disturbiog activities. The Municipal Permit requires the City to require the project applicaot to prepare a post coostructioo storro water maoagemeot plao. The post constructioo storm water maoagemeot plao addresses post coostructioo storm water impacts aod mitigates those impacts to a level below sigoificaoce. The commeot misstates the testiog requiremeots of the Geoeral Coostruction Permit. The permit only requires testiog related to 303(d) impaired water bodies when those water bodies are impaired by silt or sedimeot. Murrieta Creek aod the Saota Margarita River are not impaired by silt or sedimeot. The project is cooditiooed to coroply with all appropriate mooitoriog aod reportiog requiremeots of the General Coostructioo Permit. e Please refer to Respoose 7-39 regardiog compliance with NPDES requireroeots. The project proponent, as indicated io the EIR 00 page 4-31 of the Draft EIR, provided a preliminary hydrology aod drainage analysis ideotifying that iodicated project runoff will drain in two directions. As stated 00 page 4-3l, "New developmeot projects are required to provide oo-site draioage aod to pay area draioage fees per acre of developmeot. Draioage fee reveoues are used to support capacity expaosion within the local storm draio system." Additionally, the project proponent will be required to submit a fioal, eogioeered draioage study, prepared by a registered civil engineer io accordaoce with City staodards, to ideotify storm water ruooff expected from this site. The study shall ideotify all existiog or proposed public or private draioage facilities inteoded to discharge this runoff. The study will ideotify aoy specific improvements required coosisteot with Couoty Area Drainage Plaos to achieve appropriate storm water cootroJ. Fees will be paid per existiog requiremeots. The submittal of the detailed drainage study will be enforced through the conditions of approval set forth by the City. Response 7-42 This coroment does oot state aoy facts contrary to the aoalysis or cooclusioos io the EIR. The commentor is fuodamentally iocorrect about the Water Supply Assessroent, which was prepared and provided by the serviog agency, the Rancho Califoroia Water District (RCWD). The comroent iocorrectly states that the Water Supply Assessmeot (WSA), Appeodix G of the Draft EIR, prepared by the RCWD fails to comply with the requireroeots of the Califoroia Water Code Sectioo l0910 e ENVlRONMENTAllMPAO REPORT ~ECUL.A REGIONAL HOSPITAL CITY OF TEMECULA 9.216 . . i. I Responses to Comments on the Draft ffR (also knowo as S.B. 610). Pursuant to Sectioo l09l0(g)(b), the City approved the Water District's WSA for the Draft EIR. The 2000 Urban Water Managemeot Plan aod the 2005 Water Facilities Master Plao were referenced in the WSA aod provide a detailed description of the RCWD's groundwater basio from which the proposed project will be supplied. Furthermore, both plaos accouot for the water demaod of the proposed developmeot. As stated 00 page 6 of the WSA, the 2005 Water Facilities Master Plan estimates a demaod of l29,545 acre feet per year for 2025 aod the projected water demand for the proposed project is 42 acre feet per year. The City coocludes that the WSA provided by the RCWD fully complies with California Water Code Section 109l0. The City further ackoowledges that the RCWD has relied on grouodwater pumpiog aod rechargiog for years, aod has addressed the SB 610 requiremeots io that regard. The RCWD has appropriately determined that the WSA has sufficient water supply for the project. See, RCWa 58610 Water Supply Assessment in Support of the Temecula Medical Center, City of Temecula, dated August 29, 2005, at EIR Appeodix ". Responses 7-43 This comment expresses uosubstantiated opioioo, aod does oot state aoy facts cootrary to the aoalysis or cooclusioos in the ErR. No response is required. Response 7-44 This commeot expresses unsubstaotiated opioion, aod does oot state any facts cootrary to the analysis or cooclusioos io the EIR. The baselioe cooditioo to which project traffic is added includes traffic from 1 7 cumulative projects which will be built over the next several years. The traffic study assumes the project will be built io two broad phases rather thao incremeotally (described 00 page 3.7 of the EIR and indicated on the site plan as five phases). This approach to the analysis allows for mitigation to be defined and required early on for the secood broad phase, which results io a conditioo whereby the full impact of project traffic occurs sooner thao assuming the project would be coostructed iocremeotally in five phases. Phase I, coosistiog of Phases IA and IB described on page 3-7, coosists of related project buildiogs: the first medical office buildiog aod hospital tower. The secood broad phase iocludes the second hospital tower, the secood medical office buildiog, aod the caocer ceoter aod rehabilitation facility, all of which are related facilities. Full project mitigatioo will be required earlier with this phasiog. Response 7-45 Basiog the trip geoeration for a hospital on the oumber of beds is the standard of practice in preparing traffic studies. Beds is listed as an independent variable in the Institute of T ransportatioo Engineers (ITE) Trip Generation Manual and the 5ANDAG "5ao Diego Traffic Generators" publicatioo (April 2002). Some of the hospitals that were surveyed to determioe the trip rate ioclude maoy other facilities in additioo to the hospital itself, such as fitoess centers, caocer ceoters aod cafeterias. The traffic generated by these other facilities are iocluded io the overall hospital trip rate sioce the rate is established by placing road tubes at project driveways aod these tubes capture all traffic eveo if the destioatioo is not the hospital itself. In additioo, although the ITE trip rate for hospitals is ooly l1.8l Average Daily Trips (ADT) per bed, a rate of 20 per bed (based 00 the SANDAG publicatioo) was utilized to be very conservative. The SANDAG rate is based 00 a survey of ooly ooe hospital while the ITE rate is based 00 surveys at 20 hospitals. Therefore, even though the ITE rate (l1.8l) was considered more credible than the CITY OF TEMECUlA ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAl 9.217 Responses to Comments on the Draft fiR SANDAG rate (20.0) based on the larger sample size, the very cooservative SANDAG rate was utilized. The hospital trip geoeratioo that was utilized results in 2,620 ADT more ADT thao if the ITE rate was used. The trip geoeration io the study overstatl's the amouot of traffic the site will generate. e Finally, the Caocer Ceoter aod Fitness Ceoter geoerate only a oomioal amouot of traffic (less than 500 ADT) due to the day-to-day operatioos of these facilities. So even if 500 ADT was added, since the hospital trip geoeration is already 2,600 ADT overstated, the actual amount of overall traffic would still be less than the amount aoalyzed io the traffic study. Response 7-46 This commeot expresses argument aod uosubstaotiated oplOlon, aod does oot state aoy facts contrary to the analysis or canclusioos io the EIR. No respoose is required Response 7-47 The commeot iocorrectly correlates parkiog supply to trip generatioo. As explained io the Draft EIR 00 page 3-8, hospitals facilities typically exceed mioimum parkiog requiremeots. Visitors to hospital facilities teod to remain at the facility looger than typical commercial or professional uses like retail establishments. No credit was takeo for staff usiog public traosit to reach the facilities. The commeot letter provides 00 evidence that the City parking code for hospitals does oot accouot for staff. City code requiremeots include parkiog for all types of users of a parkiog facility. The secood paragraph of this camment expresses argument and unsubstaotiated opioion, and does not state aoy facts cootrary to the aoalysis or cooclusioos io the EIR. Response 7-48 e The commeot reflects miscooceptioos about trip geoeration rates for hospitals as it relates to number of beds and square footage. As California hospital service providers continue to remodel and build facilities to accommodate future service demands, there are four trends affecting the relatiooship amaog space, beds, and traffic. Space, Beds and Privacy Hospitals built io the 1950s, '60s and '705 were primarily built for double occupaocy rooms; 10 additioo, maoy also had "wards" or rooms that would hold six of more beds. Wards were afteo used for peak demand days or to isolate a potentially contagious disease. Double occupancy rooms were accepted by the market aod coosidered to be the norm by most insurance providers. Yet any patient would tell you that a single occupancy room provided the privacy that families preferred. 10 1980s, hospital architecture oatioo-wide begao to respood to this market prefereoce. Today, siogle occupancy rooms are the design .of choice for all new hospitals. The'dauble occupancy room is a rare exception. The space implicatioo of this treod is iocreased square footage per bed. 10 additi.oo to increasiog circulatioo space 00 a per bed basis, each room requires a bathroom. Whereas a double-occupancy room shared a bathroom betweeo two patieots, siogle-occupancy rooms dedicate a bathroom to each patieot. e ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAl CITY OF TEMECULA 9-218 'Ie . . Responses to Comments on the Draft fiR Space, Beds and Infection Control Providiog a separate bathroom for each patieot is also ao importaot improvement io iofectioo cootrol. A separate bathroom elimioates aoy poteotial for iofectioo transmissioo betweeo patieots usiog the same bathroom. Space, Beds, Acuity, and Equipment Duriog the last 20 years of health care reform io America, the maoaged care system has successfully worked to decrease both the oumber of days a patieot would stay io a hospital aod the kiods of cases that might warraot ao over-oight stay. Ao iocreasing number of low-acuity cases have been transitiooed out of the hospital eoviroomeot aod ioto ao outpatieot c1ioic eoviroomeot. The result is thattoday's hospital bed serves a much sicker patient. A high-acuity patieot oeeds more support techoology at the bedside. The list of additiooal equipmeot begios with a respiratory mooitor with pumps, IV poles, specialty medical gas support, aod other mobile equipmeot rolled in 00 a case-by-case basis. The space implicatioo of this trend is iocreased square footage per bed. Space, Beds, and Staffing Accordiog to the project applicaot, for over 20 years there has beeo a decline io nursing staff io America. The response to this skilled labor shortage has iocluded: . Steps to increase the desirability of oursiog as a career, iocludiog increasiog salaries, benefits aod tuitioo support; . Redesigoiog the job of the Registered Nurse to shift certain lower skilled tasks to lower skilled employees; aod . Replaciog maoual tasks with automated processes in order to reduce labor demands per bed, examples include more automated records, charts and billing systems. Betweeo the economics of health care reimbursemeots aod the shortage of nursing staff, the eod result is that staffiog levels do oot iocrease simply because square footage iocreases. Ao iocrease io square footage is oot the correct iodicator to use to evaluate an increase in ADT for the reasoos stated above. The correct iodicator to use is the iocrease in the oumber of beds. 10 addition, please see Response 7-45/7-46 for a discussioo regardiog the use of a trip rate of 20 ADT per bed as opposed to the ITE rate of ll.8l ADT per bed. Response 7-49 Please refer to Response 7-45. Response 7-50 The best iodicator of traffic generatioo for a hospital is the number of beds. Please refer to Respooses 7-45 and 7-48. Response 7-51 This commeot is similar to 7-50 except that it discusses project build out, oot Phase I. Please refer to Respoose 7-50. CITY OF TEMECULA ENVIRONMENTAllMPACT REPORT TEMECULA REGIONAL HOSPITAL 9-219 Responses to Comments on the Draft fiR Response 7-52 e The comment provides the commentor's definitioo of CEQA mitigatioo measures. This commeot does oot address ao eovironmental issue or raise aoy questioo regardiog the aoalysis or cooclusioos in the EIR. No respoose is required. Response 7-53 This commeot expresses argumeot aod uosubstaotiated OpiniOn, and does not state aoy facts contrary to the analysis or conclusions io the EIR. As stated io CEQA guidelioe 15l26.4 (a) (2), "mitigation measures must be fully eoforceable through permit cooditioos, agreemeots, or other legally binding iostrumeots." All of the mitigatioo measures cootaioed io the EIR are fully enforceable aod will require future legal actioo or compliance and proof will be shown in the Mitigatioo Mooitoring and Reportiog Program (MMRP). Mitigatioo measures are oot required for water quality, geology aod soils, or parking, as determioed io the Initial Study aod Draft EIR. Also, the project permittee will be required to comply with all existing and applicable federal, state, and City of T emecula laws aod regulatioos enforced through the project cooditioos of approval. The uoavoidable sigoificaot impacts are addressed io the proposed Statemeot of Overridiog Coosideratioos. Response 7-54 The commentor is iocorrect. The comment letter suggests that the EIR did oot provide adequate and feasible mitigatioo measures to reduce air quality and public health impacts. These mitigatioo measures refereoced io the commeot as measures AQ-l, AQ-2, AQ-4, AQ-6, aod AQ-7 io Sectioo 4.2, Air Quality require that the project developer provide, for example, a detailed coostructioo traffic plan aod wateriog plao. These plans typically are prepared ooce a project coocept is approved aod detailed project plans are prepared. Typical performaoce measures ioclude compliaoce with SCAQMD regulations for dust cootrol aod City standards for coostruction traffic management. These plans when reviewed and approved by the City and other responsible agencies, and when implemeoted will reduce environmental impact. Completion of these plans will be reviewed by the City, with coordioatioo with other jurisdictions and compliance with SCAQMD Rule 403 required. Additiooally, compliaoce with these measures aod the completion of the plans must be verified io the Mitigatioo Mooitoring and Reporting Program (MMRP), per CEQA requirements. As stated io CEQA Guidelioes Sectioo l5l26.4(a)(2), "mitigatioo measures must be fully enforceable through permit cooditions, agreemeots, or other legally binding instrumeots." The above-refereoced mitigatioo measures are fully eoforceable aod will require future legal actioo or compliance aod proof will be showo in the MMRP. Therefore, the mitigation measures listed io the commeot are adequate to mitigation air quality impacts, as stated io the measures. e Response 7-55 The mitigation measures do provide further guidaoce for staodards of compliaoce. For example, AQ-5 indicates "Coostructioo equipmeot should be selected aod deployed considering the lowest emissioo factors aod highest eoergy efficiency reasooably possible." The City, io coosultation with SCAQMD, will monitor constructioo activity to eosure compliance with air quality mitigatioo measures. Response 7-56 e ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAl CITY OF TEMECULA 9220 ,i. i. . Responses to Comments on the Draft EfR This comment speculates on the feasibility of additional mitigation measures to reduce air quality impacts. This comment expresses argument and unsubstantiated opinion, and does not state any facts contrary to the analysis or conclusions in the EIR. The more specific comments are addressed below. The City notes in general that mitigation measures have been applied to the project consistent with SCAQMD requirements and standards. SCAQMD is the agency responsible for providing direction for the best means to achieve air quality improvements within the South Coast Air Basin. Response 7-57 The comment leller states that additional feasible construction mitigation is needed to address significant and unavoidable NOx emissions resulting from the project. Refer to Responses 7-58 through 7-59 for responses to more specific comments associated with construction emissions. The comment expresses unsubstantiated opinion that mitigation measures applied by other air quality agencies in different locations for different projects should be applied to mitigate speculative air quality impacts of this project. The City disagrees. The mitigation measures recommended for this project <l;re reasonable and adequate. Response 7-58 The comment expresses unsubstantiated opinion that mitigation measures applied by a variety of other air quality agencies in different jurisdictions for different projects should be applied to mitigate air quality impacts of this project. The City disagrees. The mitigation measures recommended for this project are reasonable and adequate and mitigate PM" impacts to less than significant levels. Specifically, the comment suggests the use of construction mitigation measures to mitigate fugitive dust emissions deemed feasible by SCAQMD and other air quality districts. The project developer will be required to comply with the SCAQMD Rule 403 by preparing a Fugitive Dust Control Plan, per project mitigation measure AQ-7 and Rule 403 in the Fugitive Dust Implementation Handbook. The comment lists other potential mitigation measures approved by other air districts. However, other districts, including the Bay Area Air Quality Management District and Clark County Heath District, for example, manage air emissions from different areas of the United States. These districts manage areas that have different air quality conditions and thereby require a different set of measures. The project's Fugitive Dust Control Plan will require measures approved by SCAQMD for construction projects within the South Coast Air Basin (SCAB). Because the impacts are already mitigated to less than significant levels, there is no need to add further mitigation measures. Response 7-59 like with Comment 7-58, the comment expresses unsubstantiated opinion that mitigation measures applied by a variety of other air quality agencies in different jurisdictions for different projects should be applied to mitigate air quality impacts of this project, specifically diesel exhaust. The City disagrees. The mitigation measures recommended for this project are reasonable and adequate. As stated in Response 7-58, these districts manage areas that have different air quality conditions and thereby require a different set of measures. Additionally, project measure AQ-5 requires the use of cleaner fuels and processes that utilize energy efficiency. No additional mitigation measures are warranted. Mitigation measures AQ-2 and AQ-5 have been hereby revised to the following to include additional examples for reducing vehicle trips during construction and operations and include PuriNOx fuel use as a suggested alternative clean-fuel for the applicant to use: CITY OF TEMECULA ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAL 9-221 Responses to Comments on the Draft fIR AQ-2 The applicantjpermillee shall incorporate and encourage Transportation Demand Management (TDM) techniques for reducing vehicle trips during construction, as well as during the daily operations of the hospital facility. TDM techniques shall include but not be limited to the following: encouraging car and van pooling, providinl! nrf~ferential narkine for car and vannoolinll. installim! electrir: vehicle fEV), c:han~ine: stations. orovidinl'l nreferential narkine for EVs and comr:>r~~~eQ.. n::a,~I..r~,~ ~ vehicles. and offering flex hours and/or flex schedules during the on-going operation of the facility. Written proof of such program shall be submitted to and approved by the Planning Director prior to the issuance of a grading permit for construction activities and prior to the issuance of a Certificate of Occupancy for the operation of the medical offices. . AQ-5 Prior to the issuance of a grading permit and during the duration of construction activities, the applicantjpermillee shall verify in writing (to the Planning Department) that all earth-moving and large equipment are properly tuned and maintained to reduce emissions. In addition, alternative clean-fueled vehicles. such ~5 PuriNOx fuel or a similar tvoe of fuel.. shall be used where feasible. Construction equipment should be selected and deployed considering the lowest emission factors and highest energy efficiency reasonably possible. Response 7-60 like with Comments 7-58 and 7-59, the comment expresses unsubstantiated opinion that mitigation measures applied by a variety of other air quality agencies in different jurisdictions for different projects should be applied to mitigate air quality impacts of this project. The City disagrees. The mitigation measures recommended for this project are reasonable and adequate. The comment leller recommends the use of California Air Resources Board (CARB)-certified off-road engines that are three years old or less. The SCAQMD has not yet required all construction projects within the SCAB to use a certain percentage of newer vehicles. Additionally, project measure AQ-5 recommends the use of clean-fueled vehicles, which may include the use of newer engines that are less than three years old or less. Please refer to Response 7-59 for the augmented mitigation measures, AQ-2 and AQ-5. No additional mitigation measures are necessary. . Response 7-61 like with Comments 7-58, 7-59 and 7-60, the comment expresses unsubstantiated opinion that mitigation measures applied by a variety of other air quality agencies in different jurisdictions for different projects should be applied to mitigate air quality impacts of this project. The City disagrees. The mitigation measures recommended for this project are reasonable and adequate. The comment presents unsubstantiated opinion about the effectiveness of alternative post. combustion controls and argues that these speculative alternatives should be required for the project. The SCAQMD is responsible for monitoring air quality and planning, implementing, and enforcing programs designed to allain and maintain state and federal ambient air quality standards in the district. The air quality analysis and mitigation measures in this EIR are consistent with the SCAQMD recommendations, rules, and policies. The comment specifically suggests the use of particulate traps and oxidation catalysts, among other controls. The use of zero volatile organic compounds (VOC) paints will reduce ROG emissions by 95 percent (see mitigation measure AQ-14 and htto://www.aomd.gov/ordas/brochures/Suoer-Comoliant AIM.odf from SCAQMD). However, . ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAL CITY OF TEMECULA 9-222 . . . Responses to Comments on the Draft fiR NOx emissions will exceed SCAQMD thresholds for construction emissions. Therefore, a statement of overriding considerations will be prepared for the project. Response 7-62 Like with Comments 7-58, 7-59, 7-60 and 7-61, the comment expresses unsubstantiated opinion that mitigation measures applied by a variety of other air quality agencies in different jurisdictions for different projects should be applied to mitigate air quality impacts of this project. The City disagrees. The mitigation measures recommended for this project are reasonable and adequate. The comment offers unsubstantiated opinion that PM" and NOx emissions could be reduced for this project with the requirement of PuriNOx fuel use. The SCAQMD has not yet required all construction projects within the SCAB to use PuriNOx fuels. Please refer to Response 7-59 for the augmented mitigation measures, AQ-2 and AQ-5. No additional mitigation measures are necessary. Response 7-63 The comment expresses unsubstantiated opinion and argument that additional mitigation measures should be required for the operation of the project, and that that the Project operating emissions of NOx and PM10s are "considerably underestimate[dJ". The City disagrees. The mitigation measures recommended for this project are reasonable and adequate. The commentor has not provided any facts about this project to indicate that additional mitigation measures are necessary or would be effective. The comment also suggests the incorporation of mitigation measures listed in the project's Initial Study. In the Initial Study, the use of electric-powered equipment and encouraging construction employee ride-sharing are mentioned. With regard to electric-powered equipment, mitigation measure AQ-5 includes this requirement: "In addition, alternative clean-fueled vehicles shall be used where feasible." With regard to reducing construction traffic, mitigation measure AQ- 2 states in part: "The applicantjpermittee shall incorporate and encourage Transportation Demand Management (TDM) techniques for reducing vehicle trips during construction, as well as during the daily operations of the hospital facility." No additional mitigation is necessary. Response 7-64 The comment expresses unsubstantiated opinion that additional mitigation measures should be required for the operation of the project, and that that the Project operating emissions of NOx and PMlOs are "considerably underestimate[dJ". The City disagrees. The mitigation measures recommended for this project are reasonable and adequate. The comment offers unsubstantiated opinion that a shopping list of other operational traffic mitigation measures should be implemented but fails to offer any facts or analysis to explain why. The project includes mitigation measures AQ- 1, AQ-2, and AQ-17 to reduce traffic-related air pollutant emissions. These measures would require coordination with the Riverside Transit Authority, the incorporation of Transportation Demand Management techniques, and the promotion of alternative transportation with the goal of reducing transportation-related air quality emissions. No additional operational traffic mitigation measures are required because the measures identified in the EIR mitigate impacts to less than significant levels. Response 7-65 The comment expresses unsubstantiated opinion that mitigation measures applied by a variety of other agencies in different jurisdictions for different projects should be applied to mitigate impacts CITY OF TEMECULA ENVIRONMENTAL IMPAO REPORT TEMECULA REGIONAL HOSPITAL 9-223 Responses to Comments on the Draft fiR of this project. The City disagrees. The mitigation measures recommended for this project are reasonable and adequate. The comment offers unsubstantiated opinion that a shopping list of additional operational area mitigation measures be included for the proposed project. According to the EIR, area source emissions would not result in exceedances of the SCAQMD thresholds for criteria pollutants. As stated in CEQA Guidelines Section 15126.4(a)(3), "mitigation measures are not required for effects which are not found to be significant." Therefore, area source mitigation measures are not required for the proposed project. . Response 7-66 The comment states that mitigation for "urban heat island effect" should be included in the project. The City disagrees. The mitigation measures recommended for this project are reasonable and adequate. The comment expresses unsubstantiated opinion that such an effect would or could occur. Refer to Responses 7-67 and 7-68 for a discussion of potential mitigation for urban heat island effect. Response 7-67 This comment is a narrative argument, and does not present any facts contrary to the analysis or conclusions in the EIR. The comment expresses unsubstantiated opinion that the project would create an "urban heat island effect", suggesting that additional mitigation is needed. The City disagrees. The mitigation measures recommended for this project are reasonable and adequate. The comment appears to suggest that the project require 20 percent less paving to reduce the impacts resulting from urban heat island effect. Extensive landscaping required in the parking areas per City Municipal Code standards will reduce heat effects associated with parking lot paving to less than significant levels. . Response 7-68 This comment is a lengthy narrative discussion about Energy Star roof products for different projects, and does not present any facts contrary to the analysis or conclusions in the EIR for this Project. To the extent that the comment recommends the use of Energy Star roof products to reduce the impacts resulting from urban heat island effect, the comment is noted. Project measure AQ-3 recommends the use of energy-€fficient building standards, which may include the use of Energy Star roof products. The goal of this measure is to reduce energy needs, including cooling needs, resulting from heat caused by paved areas and roofs. Please refer to Response 7-38 for additional discussion about urban heat island effect. Response 7-69 The comment expresses argument and unsubstantiated opinion that the mitigation measures proposed by the City are "hollow and totally inadequate" The City disagrees. The payment of "fair share" traffic fees is an adequate mitigation if the traffic impacts are cumulative in nature. The impacts to the 1-15/Highway 79 South interchange and the other intersections along Highway 79 South were correctly termed to be cumulative since the intersections either already operate below City standards or were also impacted by many other cumulative projects. Since the impacts are cumulative, the payment of fees is an adequate mitigation. Please also note that the project applicant, in addition to paying fees, will be required to make physical improvements to directly address project needs and impacts. Further, constitutional limits on exactions necessitate fee . ENVlRONMENTAllMPAO REPORT TEMECULA REGIONAL HOSPITAL CITY OF TEMECULA 9-224 . . . Responses to Comments on the Draft fiR programs rather than requiring full improvements from projects with only limited impacts on a given facility. Response 7-70 This comment is a narrative argument, and does not present any facts contrary to the analysis or conclusions in the EIR. The Statement of Overriding Considerations will be included in record of project approval. Recirculation is not a prerequisite to adoption of a Statement of Overriding Considerations. Cumulative traffic impacts at intersections already experiencing poor operating conditions (the l- IS/Highway 79 South interchange) will be significant and unavoidable. As part of its long-range planning, the City has identified all feasible measures in the City of T emecula General Plan to address anticipated conditions at this location, including use of alternative transit modes over the long term. To encourage transit use, the following additional mitigation measure will be required: T-5. Prior to the issuance of grading permits, the City will consult with the Riverside Transit Agency (RTA) regarding RTA's possible interest in establishing a bus turn-out or similar transit accommodation at the project site. The applicant/permittee will be required to incorporate any such plans and facilities into revised site plans and other plans prepared for the project, and shall further be required to fund a fair-share apportion of the facilities requested by RTA. Such facilities must be in place prior to the issuance of occupancy permits for Phase I of the project. Even with this additional measure, project cumulative traffic impacts will remain significant and unavoidable since the possible trip reduction effects associated with this measure cannot be assessed. Per CEQA, the City will adopt a Statement of Overriding Considerations with regard to cumulative traffic impacts. Response 7-71 This comment expresses unsubstantiated opinion, and does not present any facts contrary to the analysis or conclusions in the EIR. URBEMIS2002 estimates emissions resulting from construction equipment and duration of use. The program does not estimate the amount of trips to be generated during the construction phase. As the comment indicates, the program generates an average daily trip amount for the project during the operational phase only. Additionally, the URBEMIS2002 model includes assumptions regarding worker commutes, but the program does not allow for input of worker trips plus the amount of construction vehicles to be used per day as a combined amount. It is all inherent in the program with the goal of estimating construction emissions, rather than determining construction daily trips. The construction traffic amounts are much less than the day-to-day traffic generation forecast which the mitigation measures are based upon. Therefore, the construction impacts would not be in excess of the impacts already identified. Response 7-72 The traffic study conservatively assumes that transit is not utilized to access the site. Providing a bus turnout on Highway 79 South could help reduce trips, but facilitating use of transit does not provide sufficient mitigation to avoid project impacts. See Response 7-70. CITY OF TEMECULA ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAL 9225 Responses to Comments on the Draft fiR Response 7-73 . This comment expresses unsubstantiated opinion, and does not present any facts contrary to the analysis or conclusions in the EIR. The project parking study indicates that the project forecasted demand based on standards contained in the City of T emecula Municipal Code; thus, it is accurate to term the parking impacts not significant. Response 7-74 This comment and does not present any facts contrary to the analysis or conclusions in the EIR. The proper reference document for identifying minimum parking standards is the City of T emecula Municipal Code, as this is the relevant regulatory document. As concluded in the Initial Study (Appendix A of the EIR), parking provided for the project exceeds the Municipal Code requirement and no significant environmental impacts will result. Response 7-75 This comment expresses unsubstantiated opinion, and does not present any facts contrary to the analysis or conclusions in the EIR. There is no parking deficiency, as demonstrated by the EIR analysis (Draft EIR, page 3-8). There is no need to construct a parking structure for this project. Response 7-76 This comment expresses unsubstantiated opinion, and does not present any facts contrary to the analysis or conclusions in the EIR. The comment describes the commentor's view of the CEQA requirement for identifying baseline conditions accurately and fully, and incorrectly asserts generally that the Draft EIR does not do so with regard to traffic and geologic setting. The EIR provides an adequate baseline for traffic setting. The traffic environmental setting is found on pages 4-70 through 4-79 of the Draft EIR. Geologic impacts were found to be less than significant during the Initial Study analysis; therefore, the geologic setting is not necessary to include in the EIR. Detailed responses are provided below in response to the more specific comments in this regard. . Response 7-77 This comment expresses unsubstantiated opinion, and does not present any facts contrary to the analysis or conclusions in the EIR. The baseline condition used in the traffic analysis was developed by adding traffic associated with 1 7 cumulative projects (identified as new projects after March 2004) to the March 2004 traffic counts (Draft EIR, pages 4-72 and 4-81). Supplemental counts for intersections in the immediate project vicinity were taken in July of 2005, with the intersection of Pio Pico/DePortola counted in November of 2005. Response 7-78 The study area includes the analysis of over 20 intersections and street segments (Draft EIR, pages 4-73 and 4-77 through 4-79). Only one intersection was counted on July 7, 2005 since this intersection was added to the analysis later in the process (Draft EIR, page 4-72). This date is three days after July 4~, and despite the EIR analysis, the commentor has not provided any evidence that indicate that traffic is significantly less on July 7~ as compared to other times of the year. Even if . ENVlRONMENTAllMPAO REPORT TEMECULA REGIONAL HOSPITAL CITY OF TEMECULA 9-226 i. . . Responses to Comments on the Draft fiR baseline traffic at this intersection was increased by 20%, the conclusions of the traffic study would not change. Response 7-79 The comment is incorrect. Traffic counts from 17 cumulative projects were added to the existing counts to form the baseline condition to which project traffic was added (Draft EIR, page 4-81). Response 7-80 This comment expresses unsubstantiated opinion, and does not present any facts contrary to the analysis or conclusions in the EIR. The City first circulated a draft Mitigated Negative Declaration for public review in March of 2005. The original traffic study (dated November 2004) was prepared for this study effort and time frame. Subsequently, with the decision to prepare an EIR, the City directed the project traffic engineer to conduct a supplemental analysis. As noted on page 4-67 of the EIR: "Also, updated traffic counts were obtained at selected locations for focused analysis of the changed conditions, and the background future traffic growth was adjusted to account for cumulative projects and time that had passed since preparation of the November 4, 2004 study." Thus, the traffic analysis in the project EI R adequately represents baseline conditions at the time the Notice of Preparation was released and the Draft EIR prepared. No additional counts, calculations or analysis are necessary. Response 7-81 This comment does not present any facts contrary to the analysis or conclusions in the EIR. The EIR assumption that 1 7 cumulative projects are all completed prior to the subject project results in a very conservative baseline analysis. Adding a growth factor in addition to the cumulative projects makes the analysis more conservative. A 4% growth factor was included for this project, resulting in an even more conservative baseline analysis (Draft EIR, page 4-81). Response 7-82 The comment is incorrect. The background without project (baseline) condition to which project traffic was added included a 4% growth factor in addition to traffic from 17 cumulative projects. This baseline condition provides a very conservative approach to assessing project impacts. Response 7-83 Mitigation measures are not linked to years since the timing of construction can never be assured. Instead, the mitigation is correctly linked to the number of hospital beds and the square footage of the medical office, meaning the direct impact created by project components. A two-phased analysis was conducted in the EIR to provide an analysis that reflects accelerated impacts, which a multi-phase analysis would not do. This is because once the first phase of development is exceeded, all mitigation measures will need to be implemented. Response 7-84 CITY OF TEMECULA ENVlRONMENTAllMPAO REPORT TEMECULA REGIONAL HOSPITAL 9-227 Responses to Comments on the Draft fiR The traffic study prepared in November of 2004 assumed the near-term construction of 17 cumulative projects, some of which may never be built or will not be built for a very long time. Information for four additional cumulative projects, which have begun processing since the start of the proposed project cumulative impact analysis was completed, were obtained from City of Temecula staff and included in the Draft EIR analysis. Additionally, traffic counts from two additional intersections were analyzed and included in the September 22, 2005 Traffic Impact Analysis Addendum that was include as Appendix D of the Draft EIR. The Draft EIR provides a comprehensive analysis of annual traffic volume growth. Also, please see Response #7-82 regarding the 4% growth factor. No additional traffic analysis is required. . Response 7-85 Once the first phase of development is exceeded, all mitigation measures will need to be implemented. Please refer to Responses 7-77 through 7-84. Response 7-86 This comment is a lengthy narrative expressing the commentor's generalized interpretation of CEQA requirements, but does not state any facts contrary to the analysis or conclusions in the EIR. To the extent the comment implies that the project E1R cumulative impact analysis is flawed, it does so by citing examples regarding how cumulative impact analysis might be performed for different projects. The cumulative impact analysis for this project is adequate (Section 6 of the Draft EIR). No specific comment is made as to how the subject project cumulative impact analysis fails. Specific responses to specific comments are presented below. Response 7-87 . The comment states that no cumulative impact analysis was conducted for ten of the CEQA checklist environmental issues. As provided for in CEQA Guidelines Section 15130(a)(1), "An EIR should not discuss impacts which do not result in part from the project evaluated in the EIR." The EIR extensively examines those issues identified in the Initial Study as potentially significant (Section 4 of the Draft EIR). For those areas determined in the Initial Study to be either less than significant or of no potential impact, the project is not considered to result in impacts of concern (Draft EIR, pages 1-7 and 1-8). Thus, the cumulative impact analysis, as allowed by CEQA, properly does not consider these issue areas. Response 7-88 Existing plans have been prepared to address regional, cumulative storm water runoff impacts, and requirements imposed on all projects in the vicinity adequately address storm water and water quality concerns. Specifically, the Riverside County Flood Control and Water Conservation District has prepared master drainage plans to address cumulative drainage concerns, and all projects must provide drainage improvements consistent with such plans and/or pay Area Drainage Plan fees. This comprehensive approach to storm water management avoids cumulative impact. With regard to cumulative water quality issues, the EIR states: Impacts related to runoff and siltation will be controlled on a project-by-project basis by adherence to requirements of the National Pollution Discharge Elimination System (NPDES). . ENVIRONMENTAl IMPACT REPORT TEMECUlA REGIONAL HOSPITAl CITY OF TEMECULA 9-228 . . . Responses to Comments on the Draft fiR Typical measures to implement the NPDES program could include covering all outside storage facilities, vegetated swales, detention basins with filtration systems, and monitoring programs. The NPDES system has been put in place to address cumulative, regional impacts. Continued implementation of the NPDES permitting requirements will reduce cumulative impacts to a less than significant level. (Draft EIR, p. 6-2) As discussed in the EIR, the NPDES system adequately addresses cumulative water quality impacts. Moreover, the project is also subject to the City's storm water ordinances, which have been developed to assure compliance with the San Diego Regional Water Quality Control Board Municipal Permit. The purpose of the Municipal Permit. is to ensure that new development in the City does not cause or contribute to the exceedance of a water quality objective. Concerning water supply, the project was reviewed by the Rancho California Water District. The District has issued a WSA in which it concludes that the District has adequate supplies of potable . water to supply the project and all reasonably foreseeable future projects (Draft EIR, pages 4-33 through 4-35). Finally, the comment reiterates the commentor's unsubstantiated opinion related to offsite LUFTs or LUSTs. The comment speculates that offsite LUFTs may have a cumulative environmental impact on the project. Any groundwater contamination posed by the offsite LUFTs are not part of or related to this project. Such contamination is not a direct or indirect significant impact posed by this project, so a cumulative impact analysis is not appropriate. Response 7-89 This comment expresses unsubstantiated opinion, and does not present any facts contrary to the analysis or conclusions in the EIR. A list of projects in the vicinity is included in the traffic study in Appendix D. As discussed on page 6-3 of the EIR: "All other proposed projects must either be consistent with the General Plan, which has been formulated to achieve compatible land use patterns, or deemed to be acceptable by the Planning Commission and/or City Council in actions to approve projects." Because these cumulative projects do not propose wholesale changes to the General Plan, no cumulative land use impact will result. Response 7-90 This comment expresses unsubstantiated opinion, and does not present any facts contrary to the analysis or conclusions in the EIR. The City's accepted approach to traffic impact analyses - and one used by jurisdictions throughout California - is to assess project impacts at the time a proposed project is completed, not in the distant General Plan build-out future. This approach provides a better picture of project impacts, as to analyze the longer time frame would dilute the impact of the project (with a larger volume of future background traffic). Response 7-91 As noted in Response 7-82, a 4% growth factor was' added to the background traffic volumes to account for the time elapsed since counts were conducted. The EIR's cumulative impact analysis for Air Quality is adequate (Draft EIR, page 6-2). The four additional projects included in the cumulative traffic analysis include the: 1. Butterfield Ranch Shopping Center, 2. Bullerfield Ranch CITY OF TEMECULA ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAL 9229 Responses to Comments on the Draft fiR Self Storage, 3. Creekside Plaza, and 4. Silver Oaks Senior Condos (Appendix D of the Draft EIR). . Additionally, the Apis Plaza Traffic Study is included in this Final EIR as an Appendix, and, although not attached to the Initial Study, it was available to the public throughout the public review period. Response 7-92 This comment is a narrative expressing the commentor's interpretation of CEQA requirements, but does not state any facts contrary to the analysis or conclusions in the EIR. No response is required. Response 7-93 The EIR adequately addresses consistency with the General Plan to the extent necessary for CEQA. See EIR pages 4-37 to 4-42. The EIR fully addresses all impacts determined by the Initial Study to be potentially significant. Air Quality impacts are addressed in the EIR at pages 4-17 to 4-29, and are reduced to the greatest extent feasible by mitigation measures AQ-l through AQ-17. Refer to Responses 7-58 through 7-68 for more discussion on the air quality mitigation measures. Response 7-94 This comment expresses unsubstantiated opinion, and does not present any facts contrary to the analysis or conclusions in the EIR. The comment refers to language for Public/Institutional Facilities land use designation in the City's General Plan. The project is not a public institutional facility. Under the Professional Office (PO) designation, which applies to the project site, medical office buildings are permitted uses and hospitals are conditionally permitted uses. The EIR fully addresses all impacts determined by the Initial Study to be potentially significant for the project. As part of its long-range planning, the City has identified all feasible measures in the City of . T emecula General Plan to address anticipated conditions at this location, including use of alternative transit modes over the long term. To encourage transit use, the following additional mitigation measure will be required: T-5. Prior to the issuance of grading permits, the City will consult with the Riverside Transit Agency (RTA) regarding RTA's possible interest in establishing a bus turn-out or similar transit accommodation at the project site. The applicant/permittee will be required to incorporate any such plans and facilities into revised site plans and other plans prepared for the project, and shall further be required to fund a fair-share apportion of the facilities requested by RTA. Such facilities must be in place prior to the issuance of occupancy permits for Phase I of the project. The proposed project is not inconsistent with the City's General Plan; no further environmental analysis is required. Response 7-95 The project proponent will be required to comply with the RTA letter dated July 21, 2004 that was included in the Draft EIR in Appendix A. Compliance will be enforced by a condition of approval from the City. The letter recommends improvements for a bus turnout and shelter on Highway 79 South that would serve the hospitals transit needs. Compliance with this condition of approval, mitigation measure T-5, and Title 8, Chapter 8.08, Section 8.08.070 D (Trip Reduction Plan Option) of the Municipal Code, will ensure the proposed project is consistent with the General Plan and . ENVIRONMENTAL IMPAO REPORT TEMECULA REGIONAL HOSPITAl CITY OF TEMECULA 9~230 . . . Responses to Comments on the Drah ElR City's Municipal Code mandating trip reduction measures for new developments. No further environmental analysis is required. Response 7-96 This comment expresses argument and unsubstantiated opinion. This comment provides a closing statement to Adams Broadwell Joseph & Cardozo comments on the Draft EIR. The Project EIR is adequate for the project. No significant revisions are necessary; and recirculation is unwarranted. Response 7-97, 7-99, and 7-100 The comments provide an introduction to Tom Brohard's letter (Exhibit 1 to Letter 7), including a summary of Mr. Brohard's analysis, a project summary, and Mr. .Brohard's education and experience. No response is necessary for these comments. Response 7-98 The comment provides a summary of Mr. Brohard's comments, regarding traffic analysis in the Draft EIR. All of the comments are addressed in the previous responses. Please refer to Responses 7-47 through 7-51, Responses 7-77 through 7-85, Response 7-90, and Responses 7-71 through 7-74, regarding Mr. Brohard's list summary of comments. Response 7-101 This comment expresses unsubstantiated opinion, and does not present any facts contrary to the analysis or conclusions in the ElR. See Response 7-83. Response 7-102 This comment does not present any facts contrary to the analysis or conclusions in the EIR. See Response 7-45. Response 7-103 This comment does not present any facts contrary to the analysis or conclusions in the EIR. See Responses 7-47 and 7-48. Response 7-104 See Responses 7-45 and 7-46. Response 7-105 See Response 7-50. Response 7-106 See Response 7-51. CITY OF TEMECULA ENVlRONMENTAllMPAO REPORT TEMECULA REGIONAL HOSPITAL 9-231 Responses to Comments on the Draft ElR Response 7-107 e See Responses 7-77, 7-78, 7-79, and 7-80. Response 7-108 See Response 7-83. Response 7-109 See Response 7-84. Response 7-110 See Responses 7-81, 7-82, 7-83,7-84, and 7-85. Response 7-111 A traffic study has already been completed, and reviewed by the City, which addresses the build out of the City General Plan. It is not the responsibility of individual development projects to evaluate traffic conditions at build out of the City's General Plan. Examining impacts at the time a project is to be completed provides a more conservative analysis, as General Plan buildout traffic volumes would further dilute the contributions made by the project. Response 7-112 . See Response 7-69. Response 7-113 See Response 7-71. Response 7-114 See Response 7-72. Response 7-115 See Responses 7-73, 7-74, and 7-75. Response 7-116 An analysis of the site plan was conducted which. resulted in mitigation number T-l and several changes to the site plan. Meetings were held with City staff to specifically discuss the access and on- site circulation. The current site plan provides for the anticipated queues and meets City sight distance standards. The on-site circulation was reviewed extensively with the project architects who specialize in hospital campus development. Response 7-117 . ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAL CITY OF TEMECULA 9-232 . . . Responses to Comments on the Draft EIR The comment is noted. This comment provides a closing statement to Mr. Brohard's comments on the Draft EIR. Response 7-118 This comment does not present any facts contrary to the analysis or conclusions in the EIR. See Responses 2-2, 2-7, 2-16, 7-17 through 7-20. There are no "open fuel leak" cases on the project site. An EIR has been prepared for the project. Response 7-119 See Responses 7-21 through 7-24 Response 7-120 See response 7-24 Response 7-121 This comment does not present any facts contrary to the analysis or conclusions in the EIR. See Responses 2-15, 4-4, 7-39, 7-40, 7-41, and 7-88. Response 7-122 This comment does not present any facts contrary to the analysis or conclusions in the EIR. See Responses 2-15, 4-4, 7-39, 7-41, 7-42 and 7-88 Response 7-123 This comment does not present any facts contrary to the analysis or conclusions in the EIR. See Responses 2-16, 7-20, 7-42, 7-88. Response 7-124 This comment is a narrative expressing the commentor's interpretation of CEQA requirements, but does not state any facts contrary to the analysis or conclusions in the EIR. Refer to Responses 7-5 and 7-6 for a discussion of CEQA requirements. Response 7-125 This comment expresses unsubstantiated opinion, and does not present any facts contrary to the analysis or conclusions in the EIR. Mitigation measures for the project are adequate. Refer to Responses 6-9, 7-19, 7-70, 7-89, 7-93, 7-94, 7-95 and 7-111 for a discussion of General Plan consistency. Response 7-126 erN OF TEMECULA ENVIRONMENTAl IMPACT REPORT TEMECULA REGIONAL HOSPITAL 9-233 Responses to Comments on the Draft fiR This comment expresses unsubstantiated opinion, and does not present any facts contrary to the analysis or conclusions in the EIR. Refer to Response 7-9 and 7-10 for a discussion of the project description and environmental setting. e Response 7-127 The comment is incorrect. Refer to Response 7-10 for a discussion of the project construction schedule. Response 7-128 Refer to Response 7-11 for a discussion of a grading plan or cut-and-fill analysis. Response 7-129 This comment expresses unsubstantiated opinion, and does not present any facts contrary to the analysis or conclusions in the EIR. Refer to Response 7-12 for a discussion of mechanical equipment. Response 7-130 This comment does not present any facts contrary to the analysis or conclusions in the EIR. Refer to Response 7-91 for an evaluation of cumulative impacts. Response 7-131 . This comment is a narrative argument and expresses unsubstantiated opinion, and does not state any facts contrary to the analysis or conclusions in the EIR. Refer to Response 7-25 for a discussion of ambient air quality standards. Response 7-132 Refer to Response 7-26 for a discussion of PM,., emissions. Response 7-133 Refer to Response 7-27 for a discussion of heath risk assessments. No health risk assessments are necessary for this project. Response 7-134 This comment expresses unsubstantiated opinion, and does not present any facts contrary to the analysis or conclusions in the EIR. The project does not "improperly" defer mitigation. Refer to Responses 7-54 and 7-55 for a discussion of feasibility of mitigation measures. Response 7-135 Refer to Response 7-28 for a discussion of construction emissions. . ENVIRONMENTAl IMPACT REPORT TEMECULA REGIONAL HOSPITAL CITY OF TEMECULA 9-234 . . . Responses to Comments on the Draft fiR Response 7-136 Refer to Response 7-29 for a discussion of the construction schedule. Response 7-137 Refer to Response 7-30 for a discussion of model default values. Response 7-138 Refer to Response 7-31 for an evaluation of fugitive dust emissions from track-out and wind erosion. Response 7-139 Refer to Response 7-32 for a discussion of operational emissions. Response 7-140 Refer to Response 7-33 for a discussion of operational emissions sources. Response 7-141 Refer to Response 7-34 for an evaluation of natural gas emissions. Response 7-142 Refer to Response 7-35 for a discussion of target year results during operations. Response 7-143 Refer to Response 7-36 for a discussion of traffic emissions. Response 7-144 Refer to Response 7-37 for a discussion of secondary emissions from electricity. Response 7-145 Refer to Response 7-38 for a discussion of so-called urban heat island effect. Response 7-146 Refer to Responses 7-54 and 7-56 for a discussion of additional feasible mitigation measures. Response 7-147 Refer to Response 7-57 for a discussion of construction emissions. CITY OF TEMECULA ENVlRONMENTAllMPAO REPORT TEMECULA REGIONAL HOSPITAL 9-235 Responses to Comments on the Draft ElR Response 7-148 . Refer to Response 7-58 for a discussion of fugitive dust mitigation measures. Response 7-149 Refer to Response 7-59 for a discussion of diesel exhaust mitigation measures. Response 7-150 Refer to Response 7-60 for a discussion of construction equipment. Response 7-151 Refer to Response 7-61 for a discussion of post-construction controls. Response 7-152 Refer to Response 7-62 for a discussion of PuriNOx fuel. Response 7-153 Refer to Responses 7-63 and 7-64 for a discussion of additional feasible operational mitigation. Response 7-154 . Refer to Response 7-65 for a discussion of operational area mitigation measures. Response 7-155 Refer to Responses 7-66, 7-67, and 7-68 for a discussion of mitigation for urban heat island effect. Response 7-156 Refer to Response 7-96 for an overall conclusion of comments. . ENVIRONMENTAl IMPACT REPORT TEMECULA REGIONAL HOSPITAL CITY OF TEMECULA 9-236 . . . 9.1 Responses to Comments on the Draft fiR Received after Close of Public Comment Period This section of the Final EIR contains comments and responses to written comments received after the close of the public review period on the Draft EIR (DEIR) on October 28, 2005 through publication of this document prior to the December 7, 2005 Planning Commission hearing. Pursuant to Section 15105(d)(3) and Appendix K of the California Environmental Quality Act (CEQA) Guidelines the City of Temecula requested a shortened review period to the Governor's Office of Planning and Research, State Clearinghouse and Planning Unit. Revisions and clarifications to the EIR in response to comments and information received on the Draft EIR are indicated by strikeout (GQR-I~::l ;'~;";.3"e4) or underline (text added tn the Final FIR). Corrections of typographical errors have been made throughout the document and are not indicated by stril(e8~t or underline text. Revisions and clarifications are included as Errata pages within this document. Each letter has been assigned a number code, and individual comments in each leller have been coded as well to facilitate responses. The coding system continues using the format established in Section 9.0 of the Final EIR. Comments Received that Address Environmental Issues The City received letters from the following organizations and individuals after the close of the noticed public review period: 8. J.B. "Pete" Olhasso, Santiago Ranchos Property Owners Association Board of Directors, October 31,2005. 9. Victoria Mata, Trumark Companies, November 3,2005. 10. Board of Directors, Los Ranchitos Homeowners Association, November 14, 2005 (received November 16, 2005). 11. David Oberbeck, via facsimile transmittal on November 14, 2005 (received November 16, 2005). 12. Roger Ziemer, President, Murrieta Temecula Group, November 15, 2005. 13. Linda Betts, via email on November 16, 2005. 14. Jon Silver, President, Covenant Development, via email on November 15, 2005. 15. Gloria D. Smith, Adams Broadwell Joseph & Cardozo, November 16, 2005 16. 0.8. Johnson, Chairman of the Board, Murrieta Chamber of Commerce, November 16, 2005. 17. Helen Chichester, November 16, 2005. 18. Don L. Rhodes, November 21,2005. CflY OF TEMECULA ENVIRONMENTAL \1v\PACT REPO.u- TEMECULA REGIONAL HOSPITAL 9-238 ASSOClA1ION MANIIGU.iENT ~! 11 ;;; Equity Ii ~'l MANAGF.Ml!:NT . ; i ';1 4'l4:lO 1MN(.'HESJEIl'IlO. ICMl:CUIA. CA 92s9o 'PH: (961)~ FAX: ('101) 296-55:/4 u ~ aii1l~ ~ NO'J 0 3 201)5 --- October 31, 200~ ~ie Ubnoske, Director of Planning Oty ofTemecula : 43200 BusIness PIIrk Drive Temecula CA 92589-9033 Letter 8 Subject: Santiago Ranchos r. _..~ ~f Owners AssocIatlon PrQposed Zone Olange _._- --"-~" Re: Dear Ms. ubnoskEi: . ~'i The Santiago Ranchos f,v",", ~I Owners Assodatlon Board of DIrectors, on :behalf of the entire .n membership, stro~ believes designation of the ~. o\,o"ad zone change to a~ an AD (six) stoIy .;1 structure Is misIea~lng to an except those In the aJIlStruction trade. We feel a~ urgent need to see ;! something placed onsile at the ..,v..u~..J hei9ht, showing eveJyOnl!, including the Planning j! c....... .:"';011, the iinpact such a structure would impose. , i ,., We u",L~.d th!s concept was brought up In a planning meeting and'~;~-1.~ by the applicant., PIeese.respoI1d in !writing as'lXl:why :tl:1e. """';;_.~ declined this request. It wOuld be as simple as . flying balloons at the indicated height. The Board of D~......~ sees no reason this matter cannot be . i:i resolved in a tlmely manner before the November 16, 2005 Planning 0........;.;..;.... Meeting. If the . _",t..!.! applicant declines ito provide the COmmission and neighbors a structure (i.e.: balloons) indicating . the height oftheir:..,o,..~.J building, we feel the applk:atlon for ..,,":Lratrori by the Comml$ionj:! should be puUed ~m the November 16, 2005 agenda. Should you have ahy questions or concerns, please feel free IXl contact me at (951) 296-5640. Sincerely, ~ ....,~;-. . "~> lBO/jib CC: NM CorrsICity i Planning COmmissioners COAASlcm~~~2.QN~OW<<iESRH :...;. , ',: ;!.u ',_ ". ,', . ~ . ._....... :. 1', .~:'. .;, :Jl. .:n_ H . H ~'I 11 :;l ~ i ~ ! .Ii ~,i ;:i ,Ii :;.! ~ I ,. . 8-1 ~'l ~. i '.. ~ ! ~ ~ ~ ! ~ : ~ ! .H ~.! ::-! . . . i. Responses to Comments on the Draft fiR Received After Close of Public Comment Period 8. J.B. "Pete" Olhasso, Santiago Ranchos Properly Owners Association Board of Directors, Ocober 31, 2005. Response 8-1 This written comment was received after the close of the noticed comment period. A common and accepted method of analysis for aesthetics impacts in a CEQA document are visual simulations. The analysis provided in Section 4.1, Aesthetics, of the Draft EIR provides two visual simulations that show the proposed project in the built environment. The City of T emecula accepts this method of analysis to demonstrate aesthetics impacts of the proposed project. Additionally, the applicant did not "reject" a request to float balloons on the site to demonstrate the proposed building height as suggested by the comment. To the contrary, in order to demonstrate the proposed maximum hospital tower height on the site and to allow people to visually experience that height, the project applicant floated tethered balloons on the project site on November 12, 2005. ENVIRONMENTAllMPAG REPORT TEMECULA REGIONAL HOSPITAL CITY OF TEMECUlA 9-240 I rn'l1mark Companies NovembO!\' 3, ~OO5 . Ms. Debbie ublloskc PllWling Oil'e~l\Ir City of Temeeula Plllllning ~ent 4nOO Bll$jn~ 1'.arIc D.tivu Temecvla. C~Jjtbmia 92589 Letter 9 RE.: ComT'itcnts on Of aft E!nvinmmCl1tallmpact Report tot lcrnccula Rcgionl\l Ilo.~pital (SCHIt 20(5031017) Dear Ms. U~oslco; Trumart Companies is YAY~..;ng tb." culitIemcIlt of an approximately 7.3-;scrO project ~ite dir~.cl!y Ii> lite ca.~t Ilf1he pl'.\po,cd Temecula Regionoll HIl"p;t.1 {~(,,!,ji~l) for the PWPUSI:$ of 4evefopinll a smior l'Cllidential develllpmcnt. The B{Illlicetiou tor the proposed sen.lor ~iclentiuJ development WIlS filed with tbe Cily of'I'\llllccUta (City) on Augu.~t 9, 20pS SlId the ~'IltitJcmcnl for development is anticipllted to he coinl'leted by January 20()(S. '{'ite requested entitlcmentlllll>w8 for the development of llJ>VnlxiI...;e'Y 112 attached;two-.;tory residential units. a commOlJ recrelllional facility lIIld open space, and pedestrian and vehicular aecess. 'rrumarlc Cojnpan;es submits the fol1owina comments related to land \Lqe oompatibility witb. ~tito three oftb.e project chara~1:t:ristics of the hospital that are loculed diJ-e<:tly to tb.o: WC$f o'f the proposed senior residential development. These Wee JIIOjcct r:hancteristies, which are d=ibed on pap 1-3 and 3-1 of the Draft Em; are: lbe 60- 100t by 60-1"001 hclillad proposed near the ncmheast OOIllet of the hoSpital; the trUck loading areailocated at tbe ClISWn edge of tile hospital. to the south ofthe/JeJipad; and facilities pla/1tloCllted at the eastern edge of lb." hospital, to lb.e soulb. oftlie helipad. The COlmnents ale fiS follows: AesthetiCS:' The Ilnalysis of visual character or quality provided n" p~ 4-5 through 4- 14 in SCQti.m 4.1, Aesthetics, of the Draft EIR t'ailed to analyze pOtential View/aesthetic imoaets md light IlJld glaze impacts on the proposed senior residential deVIelopment silt loClltcd tl1lllicdialely to the e&.~t oflbe propost:d hospital site. Please cevisiol the discussion 9-2 in the Draft'EIR. to include Iln analysis of the poteotlal view/aesthetic im'piacts and !igld and glare ~acts DO the S<:lIior l'C!lidential development due to the dllVeloPment ",filiI: proposed h~spital This oeed$ to specifically address the potential 1mp1Wl. to the It).,J..J:'7 RANC:Ht) l'^RKWAV S01.n'ti . lAKE. FI,)'\,F.ST. \.A 92"(o.\n . 9-1 . . . . . ,,'";y .~ed scni<ir residential devo:Iopmcnt from the construction and operation of tho heUpad, the t:nick loading area, lIDO the plan!. Air Quality: ~ analyuis oflong.-tenn impacts to lli1' quality provided on ~agC8 4-24 throush 4-26 iQ Section 4.2, Air Quality, of the Draft EIR. tailed to adequately analyze the long-tenn ~ of tho proposed hoSllital on feponai and local air qIlality; PlI<llSC revise the disc:bs$jon in the Draft erR to inQIude an lIII4Iysls of the impal'ts oilbo OJlBOlng 9-3 operation oft1ie proposed hospital. This needs to sjleCifieally addtcls tbe ~tiaI impac:lll to "'aPonaI and loc:aJ air quality due to operatiOll of the belipad. tho iruclc loading area, and tho plant (including the maintenance and testing of cm_._. ",. powtr generators). 9-2 Cont. Land Use ad PlaDDiDI: The analysis oHand use compatibility with ..... ~_..l!ing land uses provided:on page 4-41 in Section 4.4, Land Use and planning, of the Dralt EIR failed to onaIJi'.te the potcntialllll!d use compatibility im.pact5 on the .' .I'.~;;.: SI:Iliur tc3idcntial dllirelopment site located immediately to Ihe _1 of the propm;ed hospital s;te. 9-4 Pleas<l revise the di..,u..ion In tbe OraftEIR to mclUde an llJllIlysis oflhe pOtential land use compatibility impacts on the senior wsidcntial dcvc;lopmCllt due to the development oftha hospitaL This Deeds to specifically address thepotcntial impact. to the proposed senior l'8Sidential dovelopment from the oporation ,,1' the helipad, the truck loading 1I1"'" and the plont8nd the -ooated aesthetic, air quality, and no;... impact5 from the "_ _";':on of tiIese project characteristics. : . . . Noise: Tho ahalysis of'operalio~lated 1lDis~ provided on pages 4-58 ~u8h 4-63 in Seetiou4.S,l'!oise, of the Dn1ft BIR failtd to analyr.e potential noise impac!B on tile proposed sct$r resident/a! development site located immediately to the cait of the ...."1' .~_J Terilecula Hospital site. Please twise the diSCllSliiotl In the DrattelR to include 9-5 an analysiS ot the potential noise impacts on the senior residential developriJent due to the devclopmcnl ~fthe hospital. This needs to specifically address the potClltilll impadS to the ... ".."~..J ~enior residential development from the operation of the helipad, the truck loading uea, 'and the plant (inc1udillgtha maintenance lIIId tc:sting of em _~._.._' power generators). : . . Trumark Coljtpanies requestS that, prior to takins aotion on the propo$"d 'l'emecula Hospital proj~ please provide the written res!lOD'8S and the revised analj$es indicated above. ThC$~ wrillell respIlIlSeS and revised analyses shOuld be transmitted to tromark Companies aitentlon Victoria Mala at the address inmoated 00 the IcltCIhead. While Trom8rlc C. ..,..':es strongly Sl...~..~ tho development of the Temi:cwa Regional Hospital on 1I1e site where it is proposed to be located, we need the ~is of the potential imP,al;U of the proposed hospital to be reflec;ted in the cnviromru:i1tal documcntati<m in ordct to protect the pending entitlcmCllt lOr the proposei/ senior residential d~opmC\llt and lh~ future health and safety of its residents. We have every c:ontidence ~ the City will require that the issues indicated be ad<quatGly addressed in the Response to COllllllentsIFinaJ EJR and any eh;mses to the de$i8l2 of th.. projeot 9-6 . . . characteristics :will be reflected in the final CIItillc:ll1ent approved for tile proPosed hospital. . . ~~'.- mt~ J.~~~ Ce: Emery,apps, City QfTemccula Scuior Planner 9-6 Cont. . . . I. . i. 9. Victoria Mata, Trumark Companies, November 3, 2005. Response 9-1 This written comment was received after the close of the noticed comment period. This comment provides an introduction to the Trumark Companies comments on the Draft EIR. No response is required. Specific responses are provided below to adc!ress specific comments in the body of the letter. Response 9-2 The application for the referenced senior housing development was submitted to the City of T emecula approximately one year after the City accepted the application for the proposed hospital project as complete, after circulation of a proposed Mitigated Negative Declaration in March of 2005, and after the initial public hearing scheduled for the hospital in April of 2005. The proposed hospital project has not changed since the application was released for public review and comment. The Trumark Companies has not previously presented any letter or public comment regarding the subject hospital project until this letter. Features of the hospital project have been known and available for public review for some time. The Draft EIR for the subject project was nearly complete at the time Trumark first submilled its application to the City on August 9, 2005. As such, it becomes incumbent upon any person or entity (i.e. Trumark) submilling a development application subsequent to the hospital application and its public review period to assess that subsequent project's relationship to the earlier and reasonably foreseeable project (i.e. the hospital). The aesthetics analysis beginning on page 4-3 of the EIR recognizes the adjacent referenced property as zoned Professional Office (PO) and Planned Development Overlay (PDO), and analyzes potential impact based on these zones and the uses generally permitted; the proposed senior housing development requires a conditional use permit. As noted on page 4-5 of the E1R, the project will provide for buildings to be centered on the site and will include extensive perimeter landscaping. These project features will avoid adverse aesthetic impacts relative to surrounding development. Also, the three mitigation measures stated on page 4-15 will avoid potential light and glare impacts on adjacent uses, including Trumark's proposed project. Response 9-3 This comment does not state any facts contrary to the analysis or conclusions in the EIR. The comment does not indicate as to how the air quality analysis is deficient, other than suggesting a need to examine truck emissions, emissions from the generators, and helicopter operations. The air quality analysis beginning on page 4-17 of the EIR fully analyzes short-term (construction related) and long-term (operational) impacts of the project. Truck operations are analyzed as part of the mobile source emissions. Generator equipment is regulated separately by the SCAQMD and must comply with strict point-source emissions regulations. Helicopter activities are anticipated to be infrequent (average of one operation per month, with no more than six); helicopters are regulated by federal, not local, air pollution control agencies. The EIR includes 17 mitigation measures to reduce project construction and operational air pollutant emissions. The EIR fully discloses the potential air quality impacts and incorporates feasible mitigation. Nonetheless, the air quality CITY OF TEMECULA ENVIRONMENTAL IMPACT REPORT TEMfCULA REGIONAL HOSPITAL 9.244 Responses to Comments on the Draft ElR Received After Close of Public Comment Period analysis concludes that short-term and long-term impacts will be significant and unavoidable, requiring adoption of a Statement of Overriding Considerations (see Draft EIR, page 4-29). . Response 9-4 See Response 9-2. The proposed hospital project and site plan were public information and the DEIR preparation was underway many months prior to when the Trumark Companies submitted its application. Since the Trumark Companies' project application was submitted many months following that of the proposed hospital project, it is incumbent upon that applicant (Trumark) to consider known land uses and land use applications deemed by the City to be complete, and to examine how such known and proposed or reasonably foreseeable uses may affect that subsequent land use application. The land use analysis in the EIR (pages 4-38 and 4-39) recognizes the adjacent referenced property as zoned for commercial and office uses, and the EIR analyzes potential impact based on this zone and the uses generally permilled; the proposed senior housing development requires a conditional use permit. On page 4-41 of the Draft EIR, the analysis concludes that the proposed hospital project is consistent with existing and planned surrounding. land uses, and that the site design respects surrounding uses. The E1R concludes that impact will be less than significant. Response 9-5 See Response 9-2. The proposed hospital project and site plan was public information and the DEIR preparation was underway many months prior to when the Trumark Companies submitted its application. Since the T rum ark Companies' project application was submitted many months following that of the proposed hospital project, it is incumbent upon that applicant (Trumark) to consider known land uses and land use applications deemed by the City to be complete, to consider all planned activities associated with such uses, and to examine how such known and proposed or reasonably foreseeable uses may affect that subsequent land use application. . Project noise impacts were assessed based upon the Professional Office zone on the adjacent property and the office and commercial uses generally permitted; the proposed senior housing development requires a conditional use permit. The EIR concludes that noise from on-site activity will not exceed City noisejland use compatibility standards (page 4-65). Restrictions will be placed on loading dock operations (see mitigation measure N-4 on page 4-65). While noise associated with mechanical equipment also is not anticipated to exceed these standards, mitigation measure N- 1 on page 4-66 is included .to ensure compliance over the long term. Helicopter noise associated with a maximum possible six events is concluded to be significant and unavoidable due to the annoyance factor (EIR page 4-66). Response 9~ This comment provides a closing statement to the Trumark Companies' comments on the Draft EIR and presents no further specific comment on the Draft EIR. No further response is required. 9-245 ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAl . CrTY Of TEMECULA . . . .'.'::", ,i,i..:.-....... ' --":-".':""... NOVl 62005 l4I Rancbitcs Hameawners A-ia1icm P.o. Bax 471, Temet1tIa, CA 92593 Phaae (951) 2964J030, E-lW1: Irhoallilhotmail.com, Website: hbaa.cam 0Iftcer8 ..., ".,~.. ,.;. 1'1_'" NealZIlI VIce PnlsIdenl, Don Stowe ~=.MarianGuy Letter 10 [I; ...., '. 2005-2006 JeffT... ,..-... ...~J Dee MessIng Itfsh Kathleen Stowe linda Doucetl Chuc:kGo ..,... November 14, 2005 David Mathewson Ron Guerriero Dennis Chiniaeff John Telesio Stanley Harter Mr. Emery J. Papp, Senior Planner City of Temecula 43200 Business Park Drive Temecula, CA 92592 Dea.r Mr. Papp: The City of Ternecula issued a Notice of Preparation (NOP) and a Draft Environmental Impact Report (Draft' EIR) for the Temecula Regional Hospital Project. The proposed project is located on about 35 acres located north of Highway 79 South, South of De portola Road and west of Margarita Road in the City of Temecula. The Los Ranchitos Homeowners Association (LRHOA) previously submitted comments on the original Initial Study. because the proposed hospital project is located effectively in the front yard of our neighborhood, and actually includes parcels that are within the boundaries of the Los Ranchitos Homeowers Association. We have assembled the following corrunents, which include a review of the Draft EIR by a qualified expert and concerns expressed by numerous residents of the Los Ranchitos community. We present our comments for the City's consideration as it begins the hearing process on the certification of the Draft EIR and the decision on whether .to approve or deny this project. Our position regarding the proposed Hospital remains the same. as stated in our April 3, 2005 letter: the proposed location is not an acceptable location for this facility, the environmental documentation remains inadequate and the Planning C;ommission and City Council should deny any approvals for the project based on the record before them. The rationale for this 10-1 . conclusion and LRHOA's detailed comments on the follow. Draft EIR 110-1 Cont. However, before we begin our specific comments on the Draft EIR, there are two general issues where the City has totally failed to understand and present this project to the conununity. The Draft EIR evaluates the proposed hospital as just another professional office use which can be compatible with the adjacent Los Ranchitos residential neighborhood. Have the members of the Planning Commission or City Council ever lived adjacent to a large hospital with a functioning emergency room? This approach is fatally flawed because installing and operating the proposed hospital at this location would be entirely different than approving the construction of a professional office building at this site. Of necessity, a hospital. must operate 24-hours a day, and would be more closely compared to a large conunercial/industrial enterprise operating 24 hours per day, with the resulting activity and traffic at all hours of the day and night. In contrast, a professional office complex functions primarily during daylight hours and thus, the activity patterns are similar to the activity pattern in a residential area. A hospital's activities include employees and emergency patients arriving and leaving at all hours of the day and night, including late-night and very early mornings. Further, each time an emergency vehicle delivers patients to the hospital at two o'clQck in the morning, the noise and related intrusion into our rural residential neighborhood. would constitute an extreme and highly unacceptable nuisance. 10-2 . Frankly, this level of intrusion by hospital activity is essentially ignored in the Draft EIR. We believe it is ignored because the City totally failed to define the hospital operations. There is no discussion in the Chapter 3 of how the hospital will operate, and therefore, the analysis in the Draft EIR is fatally flawed because there is insufficient information about the project to conduct an adequate evaluati~n. In our April 3, 2005 letter, the LRHOA identified specific operational 10-3 aspects that needed to be defined. For example, how many people will be employed at the hospital? We could not find this defined in the Draft EIR. How many people will arrive for each shift and when will shift changes occur? At night in our neighborhood we may get a few vehicles after 9 pm but with the hospital we may have hundreds of people passing through our neighborhood. . '. . . This level of intrusion into our high quality rural neighborhood . represents a major change in the quality of our neighborhood. This issue is never examined or the information on the degree of intrusion portrayed for use to review and for the Council to consider before it makes a decision on the proposed project. One specific example will suffice to illustrate this point. We. requested a description of how many emergency vehicles would arrive at the hospital each day and some description of when they would arrive. The primary concern is the intrusion into the nElighborhood of sirens, particularly in the evening, night 10-4 and early morning hours. This issue was totally ignored. The only data regarding siren noise is provided on page 4-58 and it states: "Although these levels may cause some annoyance at nearby noise-sensitive receptors, noise from emergency vehicles is considered to have a less than significant impact because it will only occur sporadically and for short periods of time, and because sirens are necessary for safety during an emergency. H This text does not constitute analysis of the siren issue; it is nothing more than rationalization of an impact which does not presently occur in our neighborhood, except on the rarest of occasions. Sirens have a- noise level of 105 dB(Al at 25 feet and they will occur regularly throughout the day and night hours, no longer rarely, and all of these events during the night will awaken or dii3turb the neighborhood residents. This is not annoyance, it is the intrusion -of a very significant incompatible land use activity into .our existing rural neighborhood. What other operational activities have been ignored in the Draft EIR. There will be some level of routine transport of hazardous materials into and hazardous wastes out of our neighborhood. The Draft EIR effectively ignores this issue. How many of these materials and wastes can be considered extremely hazardous and/or acutely hazardous? No real discussion of this issue is provided in the Draft EIR_ We asked whether the hospital would have ,an incinerator to burn any wastes. No answer was given regarding this issue and if an incinerator will be installed, what emissions will result and are such emissions hazardous to humans? Without information and evaluation of these operational issues, the LRHOA has concluded that the Draft EIR is terribly deficient in meeting its informational purpose at this time and it needs to be revised and re-circulated with adequate and accurate information about the whole of the project. 10-5 . Conunents on specific issues in the Draft EIR follow ,md are submitted in the order discussed in the Draft EIR. Page 2-2: The scope of EIR is incorrectly identified under this section. Two issues, Land Use and Planning and Air Quality, were not mentioned. Also, the LRHOA believes that the Initial -Study inappropriately fails to address several issues in the Draft EIR that may be significant, including 10-6 Hazards, Population & Housing, primarily because no data were compiled regarding the use of hazardous materials- and generation of hazardous waste during operations and because no discussion of the total number of hospital employees or induced growth related to the presence of a major hospital was provided in the Draft EIR. Page 3-1: First two bullets on page, the project is described as revising the present two story height limitation by allowing a 'naximum building height of 115 feet for 30% of the roof area of the hospital." In fact, other height 10-7 limitation must -also be revised by the City for this project because it includes two other structures that are four and three stories respectively. Please revise the project description to correct for this oversight. . Page 3-3: Third and fifth bullets on page, the lack of an adequate project description results in a failure to adequately analyze several of the compatibility issues listed in these two project objectives. The result is that it is not 10-8 possible to properly evaluate whether the proposed project can be compatible with the adjacent Los Ranchitos residential neighborhood. Page 3-7: Top of page, there is no rationale stated in the Draft EIR for the buildings being constructed at up to seven stories (llS') in height_ The 35.31 acre site would easily support two story buildings, even a single story hospital complex. Ata Floor Area Ratio (FAR) of _40 this site would allow up to 615,000 square feet of floor area, which is greater than the 566,160 square feet of proposed buildings. The LRHOA does not see the justification for a seven story hospital structure, nor the requirement for the three and four story office complex. 10-9 Page 3-7: Under Parking and Access, to avoid imposing traffic on De Portola, a local neighborhood residential street, it would seem more appropriate to extend the secondary access to Margarita which is a major street. Failure to do this 10-10 . . . . results in the conflicts associated with heavier traffic on De Portola, which could have been avoided by redesigning the site access. 10-10 Cont. Page 3-8: This page summarizes the seven new structures, but does not provide any data about the number of people that will be employed at any of the facilities or their ~hours of operation, and the type of activities that might be included in each facility. This is a major flaw and oversight in this document. 10-11 Pages 3-9 3-10: and There is no discussion of wastewater and solid waste management requirements under the project actions and approvals. Typically a hospital will require pretreatment of wastewater and special management requirements for several solid waste st.reams, such as blood contaminated waste. without this information the potential hazards and solid waste and wastewater management requirements, and potential impacts, cannot be adequately evaluated. 10-12 Page 4-4: Top of page, the discussion on General Plan policies does not provide any discussion of policies related to visual or aesthetic values and resources in the General Plan. Please 10-13 provide a list of all applicable policies and their relevance to the aesthetic analysis presented in this subchapter. At the bottom of the page, the text references documents and the area ~is not known for its visual character". Yet the open space and pastoral low density residential area that comprises Los Ranchitos is one of the highest quality residential areas in the City of Temecula from an aesthetic standpoint. It serves as the background view for all travelers along State 79 South in the project area. The 10-14 ~ State Highway may not be designated as a Scenic Highway along this portion of its alignment, ~ but we believe that concluding the views from the highway across the project site to the Los Ranchitos neighborhood contain no scenic resource is in error. This is a one of the high quality views within the City and the finding of "less than significant impact" is not justified by the actual visual conditions of the project site area. Page 4-5: At the bottom of the page, the analysis in the' Draft EIR concludes that "because the views. are considered private, are. not considered to be of public benefit, and are not 10-15 protected by any City regulatory or policy, impact will be less than significant." Since when are private views that are destroyed by changes related to development of a project not 'considered as potential significant impacts? The thresholds identified on page 4-4 do not qualify potential significant impacts to private views, only to USubstantially degrade scenic resources" or USubstantially degrade the existing visual character or quality of the site and its surroundings". As the visual simulations (which are very poor in quality in the published document) demonstrate, particularly from Location B (Figures 4-3a and 4-3b), the proposed structures will eliminate long-distance views, change the visual setting and these changes are certainly not positive, they are substantially adverse. Moreover, the view from Pio Pico Road (where the worst visual impacts will occur) is a public location providing visual scenes that are presently of high quality and to the public's benefit. We believe that the analysis and conclusions in this section of the Draft EIR text are in error and that the challge in views will be significant. Further, there is no analysis of the change in views to the Los Ranchitos neighborhood from State Highway 79 South, which should have been included in the Draft EIR. . 10-15 Cont. Page 4-13: The analysis of visual impact in the third paragraph on the . page concludes that the landscaping and architectural "blending" of the. colors and styles used on nearby buildings mlnlmizes the significant visual effect and ensures Ucompatibilityn with surrounding uses. Please take another look at the visual simulation for Location B. This building will be five and six stories in height. The landscaping cannot hide this buildings height. It will 10-16 intrude on the surroundings like a sore thumb. It cannot look like the other buildings because it is not like the surrounding buildings. Therefore, it cannot be hidden, cannot look like the surrounding professional buildings and its visual effect is neither compatible with its surroundings nor minimized. The rhetoric used in the text ignores the reality that the project as proposed will be significantly incompatible with the surrounding developed land uses. Page 4-14: The analysis of lighting on the hospital site fails to provide adequate and enforceable mitigation and ignores the fact that for safety purposes the structure and parking areas must by lighted to the point that it cannot avoid becoming a source of night glare in the neighborhood. The undeniable fact is that lighted 6 to 7 story structures 10-17 . . . . Page 4-18: Page 4-21: extending to a height of 115 feet will literally stand out as a beacon in an otherwise dark sky. Regarding the mitigation, the City must establish specific performance standards for light spillover from the hospital structures and the surrounding three and four story office complexes. Without a performance standard, there is no assurance that lighting on the site will not intrude into the surrounding neighborhood, in other words light spillover is likely to intrude into the local neighborhood. Further, without knowing the specific lighting performance standards, it is not possible to assess what "whole" effect of night sky illumination will be on this project site and the adjacent residential area. For a facility as large as proposed and as tall as proposed, the cumulative night sky illumination on the site will be considerable, not necessarily related to Mt. Palomar, but to creating a lighted envirornnent that is likely to spillover into the adjacent residential neighborhood. Thus, the analysis in the Draft EIR does not really address the potential incompatibility due to lighting of the site based on the cumulative effect of all night sky illumination on the project site after development is completed. Until this issue is fully analyzed, the potential light-glare impacts have not accurately been portrayed for either our cOllll1lunity or for the City Council to understand the consequences of approving the total project. The last sentence on this page is gratuitous because it implies air quality in Temecula is better than in Perris or Lake Elsinore. This may be a good guess, but it is just that, a guess, unless the EIR preparer has some recent comparative quantitative data (reflecting the phenomenal regional growth over the past several years) to validate this statement. Toxic Air Pollutants, what is the potential range of toxic air pollutant emissions from an operating hospital comparable to the proposed facility? We have previously requested these data in our April 2005 letter, but no information on such potential emissions have been identified. 10-17 Cont. 10-18 10-19 Page 4-23: A review of the Draft EIR text and the data in Appendix B indicate that most of. the assumptions used in making the air quality impact model forecast are not provided for 10-20 public review. For example, what is the assumed mix of equipment that was used to develop the emission inventory . for each phase of construction? What type of fuels were used in the emission forecast: what duration of construction activity: what hours of operation, etc_? Please provide these data for independent review. 10-20 Cont. Page 4-25: Operational carbon monoxide (CO) hotspot impacts are inappropriately dismissed in the third paragraph on this page. The evaluation dismisses the potential for hotspots nominally because the project will not worsen traffic at any intersections. Actually this project and cumulative projects will substantially worsen traffic at several intersections, most notably the I-lS/State Highway 79 South interchange. 8y identifying potential mitigation and contributing fair share, . the proposed project and cumulative projects do not immediately eliminate the actual significant LOS at the interchange intersections, primarily because the required improvements are not guaranteed to be in place prior to operation of the hospital_ Because the severe traffic congestion at these intersections will occur for an indefinable period (until the major circulation system improvements are actually installed), a detailed hotspot model should be exercised for at least the worst intersection affected by the proposed project. Without such analysis, it is false to conclude that there a finding of no significant CO hotspot can be substantiated. 10-21 . Page 4-26: The proposed hospital project will use a large variety of hazardous materials and may generate emissions fram an onsite incinerator to handle biohazardous. waste. The Draft EIR does not discuss the possible chemicals that will be used or stored onsite: their potential for release during routine and accidental operations: and the generation of hazardous or. toxic emissions from general hospital activities. If no such materials will be used on the site, then simply state so and our neighborhood can breathe a sigh of relief. However, for each hazardous or toxic substance that will be brought to the site and used, a detailed discussion of the fate of such substances must be 10-22 examined. For those hazardous substances that will be emitted into the atmosphere at any measurable quantities (that above detection limits), the risk to our families must be evaluated, again for both routine and accidental release conditions. We do not believe that this hospital can be operated without such materials as chlorine, oxygen, acids, and other hazardous materials (such as bacteria and virus), so the failure to analyze the effect of bringing these materials to the project site and possibly. exposing our neighborhood to such hazards must be fully explored and . . . . potential health risks clearly stated in language that the layman can understand. 10-22 Cent. Page 4-31: Top paragraph, as previously noted a lot of hazardous materials and wastes will be produced by hospital operations. We raised the potential for contamination of wastewater by hospital operations in our April 2005 comment letter_ After examining both the Draft EIR and the NOP/Initial Study, we find that. this issue has not been adequately addressed. Therefore, the content of this Draft EIR is fatally flawed with regard to defining and, evaluating the wastewater may be generated. by hospital operations; any required pre-treatment systems; and the environmental effects of managing any residual byproducts, hazardous or nonhazardous. 10-23 Page 4-33: The analysis of storm water drainage and water quality impacts has fallen into the trap of deferral of analysis and failure to analyze impacts of required mitigation measures. The Draft EIR correctly notes that a SWPPP and WQMP must be compiled for this project_ However, it fails to analyze the impacts to the environment from implementing these two plans and establishing a performance standard that will assure the City and water quality agencies that water quality will meet established requirements, primarily downstream beneficial uses and water quality objectives in the Basin Plan. What best management practices will be 10-24 installed by the project to meet SWPPP and WQMP requirements, once they are defined? What are the effects of installing and operating the BMPs? Such facilities do not operate in a vacuum with no adverse effects on their own. For example, if a detention basin is installed and a certain quantity of surface runoff treated, what are the anticipated residual wastes that must be managed and how long will surface runoff be stored? Will surface water be accessible to mosquitos. There is a whole series of issues that must be addressed from compliance with the standards that have not been identified or discussed in the Draft EIR. Until they are, this section of the Draft EIR does not adequately discuss water quality and hydrology issues_ Page 4-34: Middle of second paragraph on the page, the rate of water use on the site is 1,500 gallons per day per acre, not 10-25 Ul500 gallons per day". Please correct in the Final EIR. Page 4-35: Based on the comments above, LRHOA does not agree with the I conclusion presented on this page_ 10-26 . Page 4-37: Second paragraph, the text indicates that habitat conservation planning issues are not addressed in the EIR. H_..~.~r, a review of the Initial Study indicates that the project may require a 404 Permit (Corps of Engineers), a 401 Certification (San Diego Regional Board) and a 1600 Streambed Alteration Agreement (California Department of Fish and Game). If such permits are required, the City and applicant cannot defer evaluation and identification of mitigation to offset any potential adverse impacts associated with such permits. Deferral of such issues is no longer permitted by either the Department of Fish and Game or the Regional Board_ The potential impact must be detailed and the specific mitigation acceptable to the City must be identified. Further, it is not clear whether the riparian and riverine policies of the Multiple Species Habitat Conservation Plan (MSHCP) have been properly evaluated to determine project's consistency with the MSHCP. Based on the data available in the Draft EIR and NOP/Initial Study, it would appear that this issue needs to be brought forward into the Draft EIR and properly addressed before a conclusion of nonsignificant impact can be reached. 10-27 Page 4-39: LRHOA disagrees with the analysis of General Plan policies beginning on this page. Imposing a hospital on property directly adjacent to the Los Ranchitos neighborhood with its distinctly different use activity patterns (all night operations, lighting, noise, etc.) is not maintaining a "land use pattern that protects and enhances residential neighborhoods _" It is impossible to conclude that this hospital development will enhance our residential neighborhood. This proposed use is an imposition of 10-28 conflicting uses of the highest order,. unavoidably significant, and therefore the proposed hospital project is clearly inconsistent with this General Plan goal, Goal 5. . Further, it is ridiculous to assmne that landscaping at ground level can establish a visual buffer (Policy 3.1). As the visual simulation for Location B shows, the hulk of this six story structure will intrude on every view to the project site and totally alter the skyline of the local area. Page 4-40: The potential effect of this project on growth and growth inducement hinges on the number of employees envisioned at the hospital. The total number of employees, part and full 10-29 time, within the project site for the seven proposed buildings is not defined anywhere in the Draft EIR or the . . NOP!Initial Study. Second, this document fails to examine the induced growth from other support activities that will be developed around this hospital. Third, the document claims that there are sufficient housing resources to meet the forecast growth and demand. Yet, not one fact is provided to support this conclusion. Equally important, without knowing what the salary structure will be for the future employees that would be supported by this project, it is not clear whether and how many of the future employees will be able to afford to purchase a home in Temecula or the surrounding area because the price of homes in this community is too high. The potential growth inducement issue is. totally ignored in this document and based on the large number of employees, this issue may result in significant indirect effects on the environment. 10-29 ConI. . Page 4-41: The potential land use conflict issue is addressed at the beginning of this letter. Suffice it to say that LRHOA has demonstrated that the compatibility issues have been inadequately addressed and it is our strong opinion that the hospital proposed cannot be approved and be consistent with the City's adopted General Plan. As a general rule of thumb, consistency is required with the General Plan, but consistency does not need be to demonstrated with every policy. However, consistency analyses must demonstrate that a project will be in "harmony or agreement" with the Plan. LRHOA's previous comments indicate where we disagree with the EIR's findings of consistency between the Plan and proposed project. For several of the fundamental issues where agreement or harmony is required between the Plan and 10-30 the proposed project, the project is inconsistent with the General Plan. As a final issue, the Draft EIR is fatally flawed because it fails to examine the impacts on regional policies, both those of the Western Riverside Council of Governments and the Southern California Association of Government. This type of policy and consistency analysis is required because this project qualifies as a project of statewide, regional or areawide significance. Specifically, projects of regional significance (defined in the State CEQA Guidelines Section 15206 (b) (2) (C) a proposed commercial office building employing more than 1,000 persons or encompassing more than 250,000 square feet of floor space) are required to evaluate consistency with such regional plans. The Draft EIR contains no discussion of such impacts and is there inadequate with regard to this issue. . . Page 4-53: It is not clear from the text whether construction noise impacts can stay within the parameters (daylight hours) identified in the Draft EIR. For example, there is no information regarding the possible use of pile driving equipment or other extremely noisy and vibratory construction methods. Similarly, it is not clear that this project can avoid carrying out evening concrete pours due to mandatory construction techniques. Please address the 10-31 potential for these construction methods to be used on the project site at any time. If these methods will be used, then the construction noise evaluation needs to be modified to adequately address this issue. This includes potential ground borne vibration associated with pile, driving or equivalent construction techniques. Also, note that when construction equipment is moving, such as with several scrapers, the noise attenuation factor may only be 3 dB per doubling of distance, hot 6 dB. Please factor this into the additional evaluation. Page 4-56: The first bullet on the page identifies 3 dB as a threshold for change in noise level. However, 3 dB is not an appropriate threshold when the background sound levels already exceed the referenced noise standard, typically 65 10-32 dB (A) . A more appropriate threshold would be either any increase where' background noi'se levels exceed thresholds" . or a 1 dB increase which must be justified when sensitive uses are already exposed to significant noise. Page 4-58: We have already demonstrated that the analysis of emergency vehicle sirens is totally inadequate. This document presents no data on what single noise events at 105 decibels in the middle of the night will do to our residential neighborhood. we believe that each member of the Planning Commission and City Council must imagine what it would be like to have an emergency vehicle siren disturb their sleep at night and then conclude that this could happen night after night. A hospital adjacent to residential use is a severe imposition on the existing quiet that our neighborhood experiences during most of the 10-33 day and certainly at night. The analysis of the helicopter operations is similarly flawed. The CNEL value of noise from the helicopter is not the major concern, as is disingenuously portrayed on pages 4-58 and 4-59. It is the single event intrusion at night that creates the incompatibility. We have no helicopter flights into or out of our neighborhood at this time. If approved, we may have six per month, at all times of the . . . . day or night. This change in the noise activity pattern of our neighborhood is a significant intrusion into our lives, regardless of how the Draft EIR downplays the impact. 10-33 Cont. An additional consideration is the fact that Los Ranchitos is a rural, equestrian oriented community with equestrian trails which add to the value of our neighborhood and are used consistently by many of our residents. These trails' run throughout our community, including areas contiguous to the proposed hospital project. iihat happens when a helicopter takes off or lands while horses are being ridden on. the trails along the perimeter of the hospital property? Will the flight pattern ultimately approved for helicopter traffic create a significant safety hazard for residents riding horses on this portion of our equestrian trails? 10-34 Page 4-61: We have a question. If more than six emergency helicopter trips are required during a month, does the hospital turn them away? If not, what are the controlling variables that would limit helicopter landings? Of possibly greater consequence, as we have discussed at previous city meetings on this project, we believe that 10-35 based on the size and significant emergency and critical care services initially provided by the proposed hospital, it is reasonable to expect that the hospital will eventually expand its services to include a full blown trauma center. When this occurs, the number of helicopter trips in and out of the facility during the day and night hours will iflcrease dramatically, and could occur several times in the same day. Can the hospital accept mitigation measure N-4? There may" be a need to provide for ail exception during emergencies. Please indicate if revision in measure N-4 are required. 10-36 In the last paragraph on the page, there appears to be some confusion. There is reference to a daytime stationary noise source standard of 65 dB. If this is accurate, clarification is required for the nighttime standard. Page 4-64: First paragraph, this paragraph contains analysis that is typical of the rationalizing analysis in this document. No data are provided and the Draft EIR concludes that "Such activities will typically be shielded from some of the noise-sensitive receivers by the hospital buildings themselves.". In reality, much of the landscaping, perhaps most of it, is located on the north side of .the hospital. 10-37 . .The analysis is flawed, properly evaluated. As analysis and findings significant. non-substantive, and needs to be presented in the Draft EIR, the in the document are less than The third paragraph contains a discussion of the 70 dB CNEL standard for the exterior of the hospital. The standard does not contain qualifications for useable or habitable spaces; it is simply a standard. As a result, this impact should be considered significant regardless of exterior activities_ 10-37 Cont. The fourth paragraph discusses the interior standard, and concludes that the noise attenuation will be ~at least 21 dB." Provide the data to verify this unsupported conclusion. Page 4-65: Measure N - 3 is not proscriptive. It allows deviation of helicopter approaches, therefore, the analysis must be 10-38 revised to address all feasible approaches or restrict approaches to the southeast corridor only. Page 4-86: It does not make sense to ignore the traffic volumes for Margarita Road between De Portola Road and Highway 79 South. Pleas~ explain why and how it does not affect the overall circulation system impact analysis. 10-39 . Page 4-93: Mitigation Measures, the implementation of fair share is allowed by CEQA to address contribution.s to cumulatively considerable impact to the circulation system. The problem . is that this project, by itself contributes to significant impacts to the circulation system_ As a result, the 10-40 adverse impacts at intersections that will result from project implementation may be mitigated at some time in the future, but the only way to ensure that the measures identified in the Draft EIR are in place prior to the project's impacts on the road are to require the project to fund arid install all of the required improvements, and then be reimbursed by the City. Otherwise, the project's contributing to fair share will not reduce ~real" circulation system impacts to a less than significant level. Page 5-6: The alternate site selected is a ~strawman" with greater potential impacts than the proposed project. A logical site, such as property adjacent to I-IS where there appears 10-41 to be space for a hospital facility, would make much more sense from the perspective of conflict with adjacent uses . i. . . and access to emergency care. 10-41 Cont. Page 5-14: The Dartolo Road alternative may have different effects on traffic and biology than the proposed project, but the effects are mitigable. This is in contrast to the introduction of increased traffic into a residential area and the possible use of De Portola Road as an emergency access road. As shown in previous comments in this letter; the land use incompatibility impacts for this project are significant and any means of reducing these impacts, including redirecting traffic in a less than significant impact alternative_ 10-42 Page 6-4: OUr previous comments clearly indicate that the analysis of growth inducing impacts presented in the Draft EIR is based on conjecture and rhetoric, not any quantitative analysis of growth effects of implementing the proposed project. This section is flawed and based on no substantiation. Based on the size of this project and future support activities that will gravitate to the general area, growth inducing impacts have a high probability of being significant and adverse to the City of Temecula. 1 0-43 conclusion We began this letter by stating our position regarding the hospital being proposed adjacent to our neighborhood, Los Ranchitos. Based on the data available and the inadequacy of the Draft EIR in characterizing the changes in the environment associated with this project, the LRHOA concludes that the proposed location is not' an acceptable location for this facility, the environmental documentation remains inadequate and the City Council. should deny any approvals for the project based on the record before it. We are opposed to approval of this project as designed. At a minimum, we believe that if the City chooses to proceed with this project at the proposed location, they must resolve the serious environmental concerns raised in 10-44 this and other documents, and take. actions which include the following: -First, the hospital must be re-designed with low structures that would be consistent with the existing Plan {maximum height of structures should be two stories; profile General -Second, the emergency room must be relocated to the south side of the structure. Placing it on the north side locates the emergency room activity closer to the Los Ranchitos neighborhood , and does not take advantage of the noise attenuation that can be provided by the hospital structures; -Third, remove the secondary access from De Portola Road and relocate the access to Dartolo Road and Margarita Road, where traffic and noise effects would not intrude into our residential neighborhood; -Fourth, abandon Pio Pico south of De Portola in .order to eliminate the concern that this route will eventually be opened to provide additional access to the hospital; -Fifth, resolve concerns regarding helicopter ~perations by . restricting flight patterns in such a manner that the residents of our community are not subjected to the extreme disturbance and danger that would result from helicopters taking off and landing in close proximity to adjacent homes and equestrian trails; and -Last, maintain the vegetative and distance buffer between the hospital facilities and the Los Ranchitos neighborhood_ The LRHOA does not want this hospital next to our neighborhood because we believe that it is totally incompatible with our beautiful, rural, equestrian oriented neighborhood. If the City will not relocate the facility to a more suitable location, then the above changes must be implemented or the City would leave us no alternative but to oppose this project with all means available. We look forward to continued dialogue regarding this matter and the opportunity to further discuss the considerations involved in approving this hospital project adjacent to our neighborhood. Sincerely, ~oard of Directors Los Ranchitos Homeowners Association . 10-44 Cont. . . 1.1. ! . r. 10. Board of Directors, Los Ranchitos Homeowners Association, November 14, 2005. Response 10-1 This written comment was received after the close of the noticed comment period. This comment provides an introduction to the Los Ranchitos .Homeowners Association comments on the Draft EIR. No response is required. Response 10-2 This comment does not state any facts contrary to the analysis or conclusions in the EIR. As stated on page 3-1 and pages 3-3 through 3-8 of the Draft EIR, the proposed project analyzed in the Draft EIR is the construction and operation of a 408,160-square-foot hospital, a helipad, two medical offices totaling approximately 140,000 square feet, a 10,000-square-foot cancer center, and an 8,000-square-foot fitness rehabilitation center. The hospital includes an emergency room. As noted in the comment, the hospital will of necessity operate around the clock. However, night-time operations will be limited primarily to those associated with the emergency room. Response 10-3 The comment is incorrect. The indirect or secondary effects associated with long-term operation of the hospital complex are assessed in the Draft EIR in the Air Quality, Hydrology and Groundwater, Noise, and Transportation sections. With regard to operational aspects of the hospital, shift changes have been addressed as part of the traffic analysis, which assumes peak-hour impacts based upon typical operating characteristics (e.g., shift changes) at a hospital. The applicant estimates that between 1,000 and 1,200 persons will be employed on the site. The traffic analysis takes employees into account in trip generation totals and peaks. Response 10-4 Universal Health Services (UHS), the project applicant, currently operates two hospitals in the region: Inland Valley Medical Center and Rancho Springs. Both of these facilities have emergency rooms that currently operate beyond capacity. There are approximately 110 ambulance trips per month to the two existing hospitals combined. With the emergency room at the proposed T emecula Regional Hospital, those ambulance trips will be distributed among all three facilities. Based on current ambulance service to the two existing facilities, UHS projects that approximately one to two ambulance trips could arrive at the proposed T emecula hospital daily. While the preferred route will be via Highway 79 South (east or west), some trips could originate from the north via Margarita Road. As a matter of practice, the ambulance drivers use sirens only when necessary to clear traffic. UHS generally does not allow sirens to be used once an ambulance arrives on the hospital grounds. Sirens generally would not be used during night-time hours when traffic volumes are minimal. Siren noise is part of the current noise environment. Thus, siren noise is not considered a significant impact. CITY OF TEMECULA ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAL 9-262 Responses to Comments on the Draft fIR Received After Close of Public Comment Period Response 10-5 . This comment does not state any facts contrary to the analysis or conclusions in the EIR. As indicated in the Initial Study (Appendix A of the Draft EIR), the proposed project will result in a less than significant impact with regard to the routine transport, use, or disposal of hazardous materials or waste. Per the project conditions of approval, and consistent with standard City practices and requirements, the applicant/operator will be required to submit for review and approval by the Riverside County Department of Environmental Health and Fire Department a Hazardous Material Inventory Statement and Fire Department Technical Report. Such report will be kept on file with these agencies, and should any quantities of hazardous materials used or stored on site increase or should changes to operations introduce any additional hazardous material not listed in such reports, the operator will be required to update such reports. All other potential impacts associated with the hazardous materials will be regulated and mitigated through federal, state, and local laws and policies. No incinerator is proposed as part of this project. No additional analysis is required. Response 10-6 In response to the comment, under the "Scope of the Environmental Analysis" subheading on page 2-2 of the Final EIR, the bullet points under the second sentence of the first paragraph have been revised to read as follows: The Initial Study concluded that adoption and implementation of the proposed General Plan might have a significant effect on the environment with respect to the following: . Aesthetics . Air Quality . land Use and Planning . Hydrology and Water Quality . Noise . Transportation . The revision does not affect any of the facts, analyses, or impact conclusions contained in the EIR. The City of Temecula used the Initial Study process, as encouraged and permitted by CEQA, to identify those issues requiring analysis in the EIR. All CEQA issues are adequately addressed either in the text of the EIR or in the Initial Study, which is part of the EIR (see Appendix A of the Draft EIR). Please refer to response 10-5 for a discussion of hazardous materials. Development of the hospital is consistent with adopted General Plan and zoning designations for surrounding sites, is consistent with General Plan policies to expand medical and other high-technology employment opportunities, and would not induce further growth in these sectors beyond that anticipated by the City's General Plan. The proposed hospital is responding to medical care needs associated with past and current growth, and is not a mechanism to spur additional growth within the City and region. No further analysis is required. Response 10-7 The first two bullet points on page 3-1 of the Draft EIR are correct. As stated in the first bullet point, the General Plan Amendment is a request to eliminate the Z2 overlay area from the General Plan, which currently limits the height of buildings along Highway 79 South to two stories. The medical 9-263 ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAL . CITY Of TEMECUtA . . . Responses to Comments on the Draft ElR Received After Close of Public Comment Period office buildings would be allowed to be developed as three- and four-story buildings with removal of the Z2 overlay. Response 10-8 The comment is incorrect. The comment asserts that the "lack of an adequate project description" results in a failure to analyze land use compatibility issues. The Draft EIR of pages 3-1 through 3-10 provides an accurate and thorough description of the project and environmental setting. Furthermore, on page 4-41 the Draft EIR provides an analysis of .the proposed project's compatibility with surrounding land uses, including residential properties and horse-keeping properties. The analysis concludes that impact will be less than significant because of project design features and the nature of surrounding uses. Response 10-9 The comment incorrectly states that there is no rationale for the height of the proposed buildings. The project is proposed to include two bed towers of 5 and 6 stories. On pages 1-29, 2-2, 4-13, and 5-2, the Qraft EIR references discussion in Appendix F regarding a technical explanation for the necessary project design. In Appendix F is a description of the functional reasons for the proposed tower heights and an explanation as to why a reduced building height alternative was rejected. Response 10-10 The comment suggests opposition to a secondary project access to De Portola Road. The traffic analysis conducted for the project identified no significant impact to De Portola Road with the proposed restricted driveway (i.e., no permilled exiting left turns). The roadway will continue to experience operating conditions consistent with the City's LOS D standard. Also, the General Plan Circulation Element designates De Portola Road as a Modified Secondary Arterial. This classification consists of a four-lane undivided roadway with a cross section of 70 feet within 88 feet of right-of-way, which allows for a trail alongside the roadway. Alternative 4: Access from Dartolo Road on pages 5-11 through 5-14 of the Draft EIR provides an analysis of a secondary access east of the project site via and extension of Dartolo Road in lieu of the proposed driveway connection to De Portola Road. The analysis concluded that traffic and biological resource impacts of Alternative 4 could be greater than those associated with the proposed project. Therefore, secondary access via De Portola Road is the preferred access compared to Dartolo Road. No further analysis is required. Response 10-11 This comment does not state any facts contrary to the analysis or conclusions in the EIR. The City concludes that the Project Description contained in Section 2 of the Draft E1R adequately describes the proposed project for evaluation and review of all environmental impacts addressed in the Draft EIR. Per CEQA Guidelines section 15124, the project description contained in the Draft EIR meets all of the requirements to adequately describe the project. ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAL CrTY OF TEMECULA 9.264 Responses to Comments on the Draft fiR Received After Close of Public Comment Period Response 10-12 . This comment does not state any facts contrary to the analysis or conclusions in the EIR. As stated in the Initial Study, project wastewater and solid waste impacts will be less than significant. Also, the project permittee will be required to comply with all existing and applicable federal, state, and City of T emecula laws and regulations enforced through the project conditions of approval. Response 10-13 Goals and policies related to visual or aesthetics are presented on pages 4-37 and 4-38 of the Draft EIR in the land Use and Planning section. Response 10-14 As stated on page 4-4, "The General Plan does not identify any view corridors or areas of special visual significance in the project vicinity." This statement is correct from the standpoint of the General Plan. The project site is a vacant, fallow piece of land covered with non-native grasses and weeds. The project site is not designated as open space, and General Plan policy anticipates development on this site. Further, the City's General Plan contains no policies establishing the project vicinity as an aesthetically important sensitive area. Response 10-15 The Draft EIR on pages 4-5 through 4-13 presents the analysis of visual character and quality impacts associated with the proposed hospital project. Two photographic renderings were prepared, one illustrating views from a hillside to the north overlooking the project site (presented in the Draft EIR as Figures 4-2a and 4-2b), and a second illustrating conditions just north of the intersection of Pio Pico Road and De Portola Road (presented in the Draft EIR as Figures 4-3a and 4- 3b). As noted on Page 4-5 of the Draft EIR, the project will be visible from various residential lots north of the project site. While the project site can be seen from the north, distant views of Palomar Mountain from areas north of the project site will not be blocked. At the request of the Santiago Ranchos Property Association, the project applicant floated tethered balloons on the project site on Saturday, November 12, 2005 to provide residents information regarding the proposed height of the hospital towers. The renderings and use of balloons to indicate the proposed project's height are standard and accepted techniques used to analyze the aesthetic impacts of a project pursuant to CEQA. The analysis was not dismissed. The Draft EIR and subsequent activities requested by the public have adequately disclosed the potential aesthetic and viewshed impacts of the project. Nonetheless, the last sentence on page 4-5 of the Draft EIR is revised as follows: . However, because the views are not considered to be of public benefit, and are not protected by any City regulation or policy, impact will be less than significant. The Draft EIR presents substantial evidence regarding the potential aesthetic impacts of the proposed project and describes how project features will reduce impacts (pages 4-5 and 4-12). No significant impact will result. 9.265 ENVIRONMENTAL IMPAO REPORT TEMECULA REGIONAL HOSPITAL . CITY OF TEMECUlA Responses to Comments on the Draft ElR Received Aft,ef Close of Public Comment Period . Response 10-16 Building design will feature the use of earth-toned stucco and terra colla tile roof. As seen in Figure 4-2b on page 4-9 of the Draft EIR, the proposed building colors will match the surrounding commercial development. While the proposed buildings will be noticeably taller than the surrounding uses, the aesthetic impact from the proposed project remains less than significant, as analyzed in the EIR and restated in Response 10-15. Response 10-17 This comment expresses unsubstantiated OpiniOn, and does not state any facts contrary to the analysis or conclusions in the EIR. As discussed on pages 4-13 and 4-14, all outdoor lighting must comply with Ordinance 655 to avoid impact to Palomar Observatory. See Response 6-10 for a full discussion of lighting impacts and mitigation. Pursuant to mitigation measure A-I, the City has included the following condition of approval for the project: Final construction plans shall demonstrate that all exterior lighting shall comply with Mount Palomar Lighting Ordinance 655, be directed down and fully shielded. Lighting onto adjacent properties shall be limited to the greatest extent possible. Compliance with this standard project review requirement constitutes compliance with mitigation measure A-I and will ensure a less than significant impact. This information clarifies how the City will implement the mitigation measure (CEQA Guidelines Section 15088.5 [b]). No new measure is proposed; therefore, recirculation of the Draft EIR is not required. . Response 10-18 The comment is incorrect. The last sentence on page 4-18 states that the air quality conditions are not reflected by the closest air quality monitoring stations due to the stations' distances from the project site. Response 10-19 Air Quality impacts are addressed beginning at EIR page 4-17. The project will comply with all federal, state, and local regulations related to air quality and air emissions. The applicant, Universal Health Services (UHSj, has indicated that their other hospital projects in the South Coast Air Basin operated by UHS do not emit toxic air pollutants; thus, SCAQMD would not require the proposed project to obtain a permit for toxic air pollutants. As shown in Table 4-6 (page 4-25 of the Draft EIR), regional emissions from the operation of the proposed project are estimated to produce air pollutant emissions above the SCAQMD significance thresholds for CO and ROG. As such, regional emissions associated with the operational phase of the project will result in a significant air quality impact related to ROG and CO. See EIR pages 4-26 through 4-29 for discussion of mitigation measures. Response 10-20 This comment does not state any facts contrary to the analysis or conclusions in the EIR. The EIR analysis utilized the URBEMIS2002 air modeling program, which is an accepted model. The URBEMIS2002 summary report and analysis were made available for public review at the same time . ENVIRONMENTAL IMPACT REPORT TEMECUL.A REGIONAL HOSPiTAL CITY OF TEMECULA 9-266 Responses to Comments on the Draft fiR Received After Close of Public Comment Per;od as the Draft EIR, and are incorporated as part of the EIR. Please refer to Response 7-10 regarding the statement of assumptions for construction emissions, as reported in Appendix B. . Response 10-21 This comment expresses unsubstantiated OpiniOn, and does not state any facts contrary to the analysis or conclusions in the EIR. The E1R air quality analysis identifies the end state of intersection conditions since the project requires these improvements over the long term. The analysis correctly concludes that because intersections will continue to operate at LOS D, SCAQMD methodology does not require CO hot spot analysis. Also, as stated on page 4-25 of the EIR, CO concentrations in the area fall far below air quality impact thresholds. Response 10-22 Please refer to Response 10-5 and 10-19 regarding hazardous materials, waste, or air emissions during operations of the proposed hospital. As stated in Response 10-5, no incinerator is proposed as part of this project and the project will result in a less than significant impact with regard to the routine transport, use, or disposal of hazardous materials or waste. Hazardous materials impacts will be regulated and mitigated through federal, state, and local laws and policies. At the local level the Riverside County Department of Environmental Health and Fire Department will regulate the transport, use and disposal of hazardous materials associated with the proposed project. A health risk assessment of the fate and transport of hazardous materials is not required for the project and no additional analysis is required. Response 10-23 . This comment expresses unsubstantiated OpiniOn, an(l does not state any facts contrary to the analysis or conclusions in the EIR. Please refer to Response 10-12. Response 10-24 This comment does not state any facts contrary to the analysis or conclusions in the EIR. Please refer to Responses 7-39 and 7-41 for a discussion of water quality impacts. Response 10-25 In response to the comment, under the "Rancho California Water District Urban Water Management Plan" subheading on page 4-34 of the Final EIR, the third sentence of the second paragraph has been revised to read as follows: The Master Plan projected demands for the project site are based on use of the site as 30 acres of Business Park/Industrial (1500 gallons per day oer ar:r~) and 6 acres of Estate Residential (0.75 acre-feet per acre), resulting in a total of 55 acre-feet for the project area. The revision does not affect any of the facts, analyses or impact conclusions contained in the EIR. 9-267 ENVlRONMENTAllMPAQ REPORT TEMECULA REGIONAL HOSPITAL . CITY OF TEMECULA Responses to Comments on the Draft ElR Received After Close of Public Comment Period . Response 10-26 This comment expresses unsubstantiated opinion, and does not state any facts contrary to the analysis or conclusions in the EIR. The conclusion on page 4-35 is summarized from the Water Supply Assessment (WSA), which was prepared and provided by the serving agency, the Rancho California Water District (RCWD). As stated on page 6 of the WSA, the 2005 Water Facilities Master Plan estimates a demand of 129,545 acre feet per year for 2025 and the projected water demand for the proposed project is 42 acre feet per year. The City concludes that the WSA provided by the RCWD fully complies with California Water Code Section 10910. The RCWD has appropriately determined that the District has sufficient water supply for the project. See RCWD S8610 Water Supply Assessment in Support of the Temecula Medical Center, City of Temecula, dated August 29, 2005, at EIR Appendix C\. Response 10-27 As stated on page 4-37 of the Draft EIR, to address habitat conservation plans that apply to the project site, a comprehensive biological resource survey and fo<:;used surveys for the BlI'rowing Owl were conducted, pursuant to the Multi-Species Habitat Conservation Plan (MSHCP) guidelines. The surveys concluded that no protected species or habitats and no Burrowing Owls occur on the project site (see Appendix E of this EIR). - u.s. Army Corps of Engineers and California Department of Fish and ~ame jurisdiction may apply under Alternative 4, Access from Dartolo Road (page 5-14 of the Draft E1R) and Alternative 5, Access from De Portola Road and Dartolo Road (page 5-19 of the Draft EI R). Because this is evaluated as a project alternative, rather than as the proposed project, no additional surveys or mitigation are required per CEQA at this time. No further analysis is required. Response 10-28 This comment expresses unsubstantiated OpIniOn, and does not state any facts contrary to the analysis or conclusions in the EIR. The proposed project is consistent with Policy 5.2, which supports C\oal 5 of the land Use Element in the City's General Plan. As written in the C\eneral Plan: Goals are broad statements of community desires, purpose or direction. Policies serve as guides to the City Council, Planning Commission, other City commissions and boards, and City staff in reviewing development proposals and making other decisions that affect the future growth and development of Temecu/a. General Plan goals are wrillen as broad statements describing the cumulative outcome of implementing individual policies. The Draft EIR presents substantial evidence regarding the potential aesthetic impacts of the proposed project and describes how project features will reduce impacts (pages 4-5 and 4-12). However, because the City of Temecula Municipal Code does not contain any view protection regulations, no significant impact results. Pursuant to mitigation measure A-3, the City has included the following conditions of approval for the project: . ENV1RONMENTAlIMPACT REPORT TEMECULA REGIONAL HOSPITAL CITY OF TEMECULA 9-268 Responses to Comments on the Draft fiR Received After Close of Public Comment Period A combination of large (no less than 24-inch box) Afghan Pines and California Pepper trees (or other large screen trees) shall be provided along the northern perimeter of the project to screen off-site views of the development as approved by the Director of Planning. . A landscaped berm shall be provided along the northern property lines adjacent to the residentially zoned lots and DePortola, with mature (24" and 36" box) screen trees to screen the view of the buildings and reduce the amount of glare from the project site, subject to approval by the Director of Planning. A cross section shall be provided on grading and landscape plans verifying the buffer area. Therefore, the amount and conditions under which additional landscaping is required on the northern boundary of the site have been defined. Compliance with these conditions of approval constitutes compliance with mitigation measure A-3, and will ensure a less than significant impact. This information clarifies how the City will implement the mitigation measure (CEQA Guidelines Section 15088.5 [b]). Response 10-29 c This comment does not state any facts con'trary to the analysis or conclusions in the EIR. Please refer to Responses 10-3 regarding operations and number of employees. Growth inducing impacts are discussed on page 6-4 and 6-5 of the Draft EIR. As stated on page 6-5, the proposed project is not anticipated to induce population or jobs growth beyond that which is already planned for and anticipated by adopted land use policies. As stated on Pages 6-4 and 6-5 of the Draft EIR, the additional commercial, professional and medical-office support development that may result from development of the hospital is consistent with adopted General Plan and zoning designations for surrounding sites, is consistent with General Plan policies to expand medical and other high- technology employment opportunities, and would not induce further growth in these sectors beyond that anticipated by the City's General Plan. The proposed hospital is responding to medical care needs associated with past and current growth, and is not a mechanism to spur additional growth within the City and region. No further analysis is required. . Response 10-30 This comment expresses unsubstantiated OpiniOn, and does not state any facts contrary to the analysis or conclusions in the EIR. Please refer to Response 10-8. As described in Section 4.4 Land Use and Planning of the Draft EIR, the proposed project upon amendment of the General Plan as proposed by the project is considered to be consistent with the City's General Plan, which was found to be consisient with all Southern California Association of Governments (SCAG) Regional Transportation Plan, and Regional Comprehensive Plan and Guide, and Growth Visioning policies within the General Plan EIR (General Plan EIR at 5.9-14 through 5.9-23). No further analysis is required. Response 10-31 This comment expresses unsubstantiated opinion, and does not state any facts contrary to the analysis or conclusions in the EIR. Section 4.5, Noise, described a range in time provided in the City of Temecula Municipal Code (Section 8.32.020) which limits construction to between the hours of 6:30 A.M. and 6:30 P.M., Monday through Friday, 7:00 A.M. and 6:30 P.M. on Saturday, and never on Sunday or holidays. No "pile drivers" are anticipated. As stated in the EIR, the primary source of 9269 ENVIRONMENTAl IMPACT REPORT TEMECULA REGIONAL HOSPITAL . CITY Of TEMECUlA :. , . :. Responses to Comments on the Draft E1R Received After Close of Public Comment Period vibration noise will be large bulldozers, which for this project is below the noise impact criteria. See EIR page 4-55. No additional analysis is required. Response 10-32 This comment expresses unsubstantiated opinion, and does not state any facts contrary to the analysis or conclusions in the EIR. Please refer to Response 6-7 regarding the noise analysis and a noise threshold. The commentors opinion regarding the appropriate threshold for ambient noise levels is noted. However, as noted on page 4-51 of the Draft EIR, a significant impact will occur only if project traffic increases the CNEL at any existing noise-sensitive receptor by an audible amount of 3dB or more. This is a commonly accepted threshold of significance for ambient noise because the average human cannot distinguish between sounds that are only 1 dB louder or quieter than each other. No further analysis is required. Responses 10-33 and 10-34 This comment expresses unsubstantiated opinion, and does not state any facts contrary to the analysis or conclusions in the EIR. Please refer to Responses 6-7 and 6-8 regarding the helicopter noise analysis and Response 10-4 regarding siren noise. The commentor's opinions regarding the impact of helicopter noise on horses is acknowledged. However, CEQA does not require the unique analysis of impacts of noise on horses or other domestic animals. CEQA noise thresholds are designed to analyze the impact of noise on persons, particularly persons at sensitive receptors. No further analysis is required. Response 10-35 This comment expresses unsubstantiated OpiniOn, and does not state any facts contrary to the analysis or conclusions in the EIR. Please refer to Responses 6-7 and 6-8 regarding the helicopter noise analysis. There is no plan to "expand" or designate the hospital as a "trauma center" as suggested by the comment. Response 10-36 As stated in CEQA gUideline 15126.4 (a) (2), "mitigation measures must be fully enforceable through permit conditions, agreements, or other legally binding instruments." All of.the mitigation measures contained in the E1R are fully enforceable and will require future legal action or compliance and proof will be shown in the Mitigation Monitoring and Reporting Program (MMRP). Therefore, truck deliveries will be limited to daytime hours and no nighttime standard is necessary. The applicant is aware of the mitigation requirement. Response 10-37 This comment expresses unsubstantiated OpiniOn, and does not state any facts contrary to the analysis or. conclusions in the EIR. Please refer to Response 6-7 regarding the noise analysis and a noise threshold. ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAL CITY OF TEMECULA 9-270 Responses to Comments on the Draft fiR Received After Close of Public Comment Period Response 10-38 . Pursuant to mitigation measure N-3, the City has included the following condition of approval for the project: The flight path for all helicopter traffic arriving and departing the project site shall be limited to the Highway 79 South corridor and commercial areas, unless it is determined unsafe due to weather conditions. Flights over residential areas shall be avoided to the greatest extent possible. If the project is approved by the City Council, conditions of approval will be adopted by the City, and the conditions will be enforceable measures that the applicant must comply with prior to proceeding with different phases of the project. Response 10-39 The roadway link analysis for traffic volumes for Margarita Road between De Portola Road and Highway 79 South were analyzed during project build out as shown in Table 4-24b on page 4-92 of the Draft EIR. The segment of Margarita Road between De Portola Road and Highway 79 South is a short segment on which the flow and operations are directly dictated by the operations of three signalized intersections along this section of Margarita Road (at De Portola Road, Dartolo Road, and Highway 79 South). An intersection analysis is a better predictor of actual arterial operations than a link analysis. These three intersections are all fully analyzed in the Draft EIR and therefore a link analysis of Margarita Road is not necessary. No further analysis is required. Response 10-40 . Please refer to Response 7-69. Response 10-41 This comment expresses unsubstantiated opinion, and does not state any facts contrary to the analysis or conclusions in the EIR. As identified in public testimony at the November 16 Planning Commission public hearing, the applicant completed a thorough search of sites located within Temecula, including sites within the immediate 1-15 corridor, to identify sites that meet appropriate size and access criteria. Only the proposed project site meets the applicant's needs in terms of size and access. No further analysis of alternative sites is required. Response 10-42 This comment expresses unsubstantiated OpIniOn, and does not state any facts contrary to the analysis or conclusions in the EIR. Please refer to Responses 10-8 and 10-10. Response 10-43 The comment is incorrect, expresses unsubstantiated opinion, and does not state any facts contrary to the analysis or conclusions in the EIR. As stated on Page 6-4 of the Draft EIR, the proposed project is located within an area of T emecula that is fully served by urban infrastructure systems. 9-271 ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAL . CITY OF TEMECUlA . I I. I I. , Responses to Comments on the Draft fIR Received After Close of Public Comment Period I I Please refer to Response 10-29, for a discussion of gro~h inducing impacts. No further analysis is . d I reqUire . ! I I a closing statement to the jLos Ranchitos Homeowners Association EIR. No new comments are included in this closing statement. No I Response 10-44 This comment provides comments on the Draft response is required. ENVIRONMENTAllMPAO REPORT l'EMECULA REGIONAL HOSPITAl 9-272 CITY OF TEMECULA . DAVID B. OBERBECK CPA 44300 LA PAZ RD TEMECULA. CA 92592 Tel: (951) 587-8758 Fax: (951) 587-8732 e-mail: davld.oberbeck@verlzon.net Letter 11 Fax Transmission Cover Sheet Number Faxed To: C9511694-64n Date: 11/1412005 To: PLANNING COMMISSION From: DAVID OBERBECK Company: CITY OF TEMECULA Tel: Regarding: PROPOSED HOSPITAL _ Urgent _ Response Required JL.. For Your RevIew _ Please Comment Number of Pages Faxed - Including cover sheet: 1 Comments: PlEASE NOTE MY OPPOSITION TO THE PROPOSED HOSPITAL AND THE PROPOSED LOCATlON_ TOO MilCH TRAFFIC. NOISE AND CONGESTION. HOSPITAL SHOULD LOCATE ON A MORE REMOTE' IcOCATION CAS MURRIETA AND INLAND VALj,.EY LOCATIONS HAVEl. THEY ARE NOT RIGHT SMACK IN THE MIDDLE OF TOWN. BUT ARE QUITE CONVENIENT: FOR THAT MATTER WHEY DO WE NEED ANOTHER HOSPITAL ANYWAY. WE HAVE THE AFOREMENTIONED TWO PLUS SCRIPPS AND UCSD TO THE SOUTH AND LOMA LINDA AND OTHERS TO THE NORTH. AND THESE ARE AlL VERY GOOD HOSPITALS'" Confldootlallty Notice This transmission Is Intended only for the use of the Individual or entity to which It is eddressed and may contain information that Is privileged and confidential. If the reader of this messaga Is noltha inlended reclplen~ you are hereby notined thai any disclosure, dlsbibullon. or c:opy~g of ~Is infonnatlon Is strictly prohibited. If you have received this transmission in error. please notify us ImmedIately by lelephone or fax. . . 11-1 . i. . . Responses to Comments on the Draft fiR Received After Close of Public Comment Period I I 11. David Oberbeck, via facsimile transmittal on Novenlber 14, 2005. Response 11-1 I This written comment was received after the close of thk noticed comment period. The comment expresses opposition to the proposed project due to noi~e and traffic congestion and the proposed location. This comment expresses unsubstantiated opini6n, and does not state any facts contrary to the analysis or conclusions in the EIR. The EIR analysis c6ncludes that project traffic impacts will be less than significant with mitigation, and that except for I helicopter noise impacts, noise issues will either be less than significant or can be addressed through mitigation. No further response is required. I EN'v'lRONMENTAl IMPACT REPORT TEMECULA REGIONAL HOSPITAL CITY OF TEMECULA 9-274 '1 =",~~Caqlony VIet Pnoldonl, Gill MorrIson Ebl1<lIIV""'~W""DIsIlfcl 2" Vlcel'lloldn, Doug.... T_CnleflIm =l'=-LlP~ T_......O'NoII ..... L O'NeoIand A.- _C._,E3q.,_&SoIar.LLP 'Ron 1lIadley. T_ V.IIoySank llllnrIs_~ ~-_., Sl:ollCln,___ lDIis llIemamo ,Tbo CaslIll Ball _-. Tho" ".,.., nTel1l8C1Jla Chlyllom8nlgonl,." . ~,..PIqIeltios Bol>OojIo,_Cculty_ BenR.Droke,DroI8!.,.., ~,,_.Inc. 'Oerr1b FIlIIIr, 1IC RMlI>Ide T_ CenIllr Dr. RIc:hanl GI8sa MI. San _ ConrnunitI CoIege '81 GIIon, RSF ConsuItlg 81_(_) 0.8._ W_J. ,....d8lllkllng..1nc. NIck Janes, MiIor.Jones Morblry A.G. KodIv. A.G.K Group, UC Josoph~ _. CPA _.Prudlunmo&Caqlony CImolIRh:Iln~, Tho~~ =.~ EdIsonCoqlony ='=AklSolvlce __Jr., Moo1l8RS1anIoyDeenWiller ~~ofluiseilolndlans 0avkI L"""""O. L Phores&Assodales GIeg:' .... .._.Pnd1onmo&Co. CIllud8 W. Rl*Ike, Tbo CaIiItladon 0avkIE._ EIedroric '" ." ,:,_ Roland -. RcmoIandSd1ool DIsIlfcl 'Jll8IIF.8paJkmon, T_V.",,_ Dan. ". '''' . R8ncxIn _ CorpcxaIIon Lod SlInI ~AssistantIo&Jll8fVisorJellSD>e Alee SUtiIII T_ VoIIoyC/lamberol Ccmnerco 'Ron -.. SuiIvan & 8uIIian u.c _ Vol, VoIlofanogemerd Gal)' VollpIa, MissIofl Oaks NalknlIBalk Kill< Wr\lhl. Tbo GamlII Group MarkWl\Jlll.r.blIOtoPollcel.,...."... . Won Sau Yoo ~ fuJTRIlOl'8clfIc ConsUIlIIIs *Posl_ . CJ7 .umeta te.eml. poup November 15.2005 41607 MARGARITA ROAD, SUITE 103 TEMECULA, CA 92591-2984 /~., // )' (951) 719-3640 (MAIN) /,.; :? /:'~'" (951) 719-3650 (FAX) /<" , : . /" ,.,:- ///'. I ,'" ~;.- ~ ';';',.'"" ,,"P~,;:<~ ./'// . { " 7 "-." ::..' .. ...." Debbie Ubnoske, Planning Dept. City ofTemecula PO Box 9033 Temecula, CA 92589-9033 Letter 12 Dear Ms Ubnoske, The Board ofDi......;.,... and members of the Murrieta Temecula Group (MTG) fully support the efforts to establish the q1iality full-service hospital facility ".vl'v..ed for construction on Hwy 79 South in the City ofTemecula . The cmrent and future growth of Southwest California and the Temecula Valley requires that a state of the art hospital be a key c..~.."_ent in our community. The health and well being of our citizens depends greatly on our ability to pave tIi.e way for such facilities to be built Considering that the projected population growth of the combined cities ofTemecula and Murrieta will exceed 200,000 within the next 10 years requires immediate action and approval of this hospital facility. 12-1 The community and business leaders that make up the MTG stand firm in their opposition of outside interveners promoting their personal agendas. Any delay in "t'}>. v ..ing this important project will have profound far reaching personal and economic impacts on our region's ability to grow, prosper and meet the health care needs of our community for years to come. The MTG ......~vJll1ly requests that the Temecula Planning Commission and City Council give serious consideration and support for the much needed Southwest Heahhcare System hospital planned for Temecula. (::6 ~~ ROg~~ President, Murrieta Temecula Group --- . . . . Responses to Comments on the Draft ElR Received After Close of Public Comment Period I , I 12. Roger Ziemer, President, Murrieta Temecula Group,: November 15, 2005. , Response 12-1 This written comment was received after the close of the1noticed comment period. The comment is noted. The Murrieta Temecula Group notes its support!of the proposed hospital and emphasizes the need for additional hospital facilities in the area. This comment does not address an environmental issue or raise any question regarding the analysis or conclusions in the EIR. No response is required. I ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAl CITY OF TEMECULA 9-276 Page 1 of! ~ Debbie Ubnoske Letter 13 From: Aaron Adams Sent Wednesday, November 16, 2005 10:24 AM To: Debbie Ubnoske; Gary ThomhUI; Don Hazen Cc: Barbara Osbome; Michaela BaJlrelch; Susan Jones; Norma Childs; Peter Thorson Subject: FW: Plannlnghomepage Fyi- for the record for Planning Commission tonighl This came through the website today. Aaron From: Unda Betts [mailto:i1nda.betls@verlzon.net] Sent: Wednesday, November 16, 2005 9:57 AM To: Department - Planning SUbject: Plannlnghomepage . Unfortunately I am unable to attend tonight's meeting regarding the DePortola Access and building height. I have lived in Los Ranchllos for over 10 years. I moved here for horse property and a safe place to raise my developmentally disabled daughtBf. It used to be easy to cross DePortola Road on horseback or on fOol Now I have tei teke my life in my hands because people go flying down the road with no regard to it being a residential area. Now you are golng back on your commitment to us home owners that you are going to give access to the hospital from DePorIola. You wUl be ruining one Of the nicest residential areas in Temecula if you do ailow access and increase in the height of the hospital. . PlEASE STOP THE CONTINUED BROKEN PROMISES AND PRESERVE ONE OF THE BEST AREAS IN TEMECULA. If you do not stop now you Will completely destroy the charm and beauty of what was Temecula. Linda Betts 29630 Vallejo Avenue Temecula, CA 92592 951-695-1924 951-695-3277 (fax) 11/16/2005 . 13-1 . . Responses to Comments on the Draft ElR Received After Close of Public Comment Period . 13. Linda Betts, via email on November 16, 2005. Response 13-1 This written comment was received after the close of the noticed comment period. The comment asserts opposition to the proposed De Portola Road access and building height. As stated on page 3-7 of the Draft EIR, the proposed De Portola Road driveway at the northeast corner of the project site will serve as secondary access, with turning movements restricted to in and out right turns and in only left turns. Left turns from the site onto De Portola Road will not be permitted. The traffic analysis conducted for the project identified no significant impact to De Portola Road. Also, as noted in Response 10-10, the City's General Plan Circulation Element designates De Portola Road as a four~ane roadway, with the ultimate cross section to include horse trails consistent with the character of the area. Any future widening of De Portola Road will take into account traffic safety issues. The Draft EIR at pages 4-5 through 4-13, presents the analysis of visual character and quality impacts associated with the proposed hospital. Two photographic renderings are presented, one illustrating views from a hillside to the north overlooking the project site (presented in the Draft EIR as Figures 4-2a and 4-2b), and a second illustrating conditions just north of the intersection of Pio Pico Road and De Portola Road (presented in the Draft EIR as Figures 4-3a and 4-3b). As noted on page 4-5 of the Draft E1R, the project will be visible from several residential lots north of the project site. However, while the project can be seen from the north, views of Palomar Mountain from areas north of the project site will not be blocked. . At the request of the Santiago Ranchos Property Association, the applicant placed tethered balloons on the project site on Saturday, November 12, 2005 to provide residents information regarding the proposed height of the hospital towers. The renderings and use of balloons to indicate the proposed project's height are standard and accepted techniques used to analyze the aesthetic impacts of a project under CEQA. The Draft EIR presents substantial evidence regarding the potential aesthetic impacts of the proposed project and describes how project features will reduce impacts to less than significant (pages 4-5 and 4-12 of the Draft EIR). The comment is acknowledged, and no further CEQA analysis is required. . ENVIRONMENTAL lMPAa REPORT TEMECULA REGIONAL HOSPITAL CITY OF TEMECUlA 9-278 Page 1 of! . , " Debbie Ubnoske Letter 14 From: Susan Jones Sent: Wednesday, November 16, 2005 7;45 AM To: Debbie Ubnoske Subject: FW; Public Hearing Case No; PA044162; PA05-0302; PA044J63; PA04-0571 - re; Hospital . FYI. Thought you may need this for tonighrs meeting. From: Shawn Nelson Sent: Wednesday, November 16, 200S 7:25 AM To: Mike Naggar; Susan Jones Cc: Jeff Comerchero; Debbie Ubnoske; Gary Thomhlll SUbject: RE: Public Hearing Case No: PA04-0462; PA05-0302; PA04-0463; PAO+0571 N re: Hospital No problem. Susan will make a copy and have it ready for the City Council meeting, which will be probably on Dec. 13th. I'll also have Susan get copies for tonighfs Planning Commission. Shawn From: Mike Nagger Sent: Tuesday, November 15, 2005 6:37 PM To: Shawn Nelson; Susan Jones Cc: Jeff Comerchero Subject: FW: Public Hearing Case No: PA04-{1462; PA05-o302; PA04-0463; PA04-0571 N re: Hospital . I want this read into the record please. From: Jon Silver [mallto:JSllve. ~........HOMES.COM] Sent: Tuesday, November 15, 2005 5:32 PM To: Jeff Comerchero; Ron Roberts; Maryann Edwards; Oluck Washington; Mike Naggar Cc: Skip HUbby; Dave Hubby; Undsy Hubby SUbject: Public Hearing Case No: PA04-0462; PA05-o302; pA04-0463; PA04-0571 N re: Hospital Honorable Mayor and Distinguished Members of the City CouncU: In consideration of Subject Application as noticed for your further consideration and public hearing on November 22nd, please be advised that, as the adjacent owner of property to the west of the proposed hospital project, 14-1 Covenant Development is In favor of the appllcanrs proposal as .0uUlned and we encourage your approval of the pertinent Cases as aforementioned. . Thank you for your diligent efforts. Jon. Silver President, Covenant Development 29995 Technology Drive, Suite 201 Murrieta, CA 92563 Office: (951)634-9040 x 102 Fax#: (951)834-9046. . 11/16/2005 I. . . Responses to Comments on the Draft fIR Received After Close of Public Comment Period 14. Jon Silver, President, Covenant Development, via email on November 15, 2005. Response 14-1 This written comment was received after the close of the noticed comment period. The comment is acknowledged. The comment states that Covenant Development supports the proposed hospital. This comment does not address an environmental issue or raise any question regarding the analysis or conclusions in the EIR. No response is required. ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAL CITY OF TEMECULA 9280 ADAMS BROADWELL JOSEPH & CARDOZO DANIEL L CARDOZO RICHARD T. DRURY THOMAS A. ENSLOW TANYA A. GULESSERIAN MARC D. JOSEPH OSHA R. MESERVE SUMA PEESAPAT1 GLORIA D. SMITH A PROFESSIONAl CORPORATION SACRAMENTO OFFICE 1225 BUt STREET. SUITE 550 SACRAMENTO. CA 9.5814-41110 TEL: (8111) .4404.6201 FAX: (5116) 444.lI2OD . ATTORNEYS AT LAW BOt GATEWAY BOULEVARD, SUITE 1000 SOUTH SAN FRANCISCO. CA 94080.7037 FEu.oW KEVIN-S. GOLDEN TEL: (650) 589-1680 FAX: (SSO) 589.50152 gamlth 0 .d.~.b'O.dW.II.~Om -, OF COUNSEL THOMAS R. ADAMS ANN BROADWELL. Novembez: 16, 2005 Letter 15 Hand Delivered Mr. Emery Papp Planning Department City ofTemecula 43200 Business Park Drive Temecula CA 92589 Re: Comments on the Draft Environmental Imnact Renort for the Temecula Remonal Hosnital . Dear Mr. Papp: On behalf of the California Nurses Association, the attached letter provides supplemental comments on the City of Temecula's focused environmental impact 15-1 report for the Temecula Regional Hospital project. Mr. Matt Hagemann prepared the supplemental comments. His curriculum vita is also attached. Sincerely, C/A'05Vv-.J Gloria D. Smith GDS:bh Attachment 1818-006. . QptltlJlWClnlflCyCltldfNJIMf , . T"""nlcal Consullatlon, DataAnalysls and LitIgation Support for lhe E . " 1 SOIIJWATERlAIR.PROTECTJON "1&.I!dU.a.a.,),C!,. 201 Wilshire Blvd., Second Floor Santa Monica, California 90401 Fax: (310) 393-3898 Matt Hagomann Tel: (949) 887-9013 Email: mhasremann@9wane.crnn November 14, 2005 . Gloria D. Smith Adams Broadwell Joseph & Cardozo 601 Gateway Boulevard, Suite 1000 South San Francisco, California 94080 Dear Ms. Smith: . Please consider these comments as a supplement to the letter written to you on October 26, 2005 regilrding the Temecula Regional Hospital Focused Environmental Impact Report ("focused EIR"). We have t'<"t'",,,d these supplemental comments concerning the issue of leaking underground fuel tanks (LUFfs) under three existing gas 15-2 stations within a quarter-mile of the proposed project. The City did not acknowledge contaminants from these LUFfS in its focused EIR, but we believe, for reasons below, that a full evaluation of the extent of the contamination, and potential human health and environmental impacts is warranted prior to project approval. ARCO, Shell Oil and Chevron have discovered three separate plumes of Cu.......Jnated groundwater stemming from gasoline releases at three service stations near the eastern and southern boundaries of the proposed hospital site (Figure I). Both Shell Oil and Chevron have actively monitored groundwater in the vicinity of the stations since 2001. Shell Oil has documented groundwater contamination in monitoring wells on the north side of State Highway 79, along the southern boundary of the proposed hospital site (Figure 2). Specifically, in an October 28, 2005 monitoring report, Shell Oil reported methyl tert-butyl ether (MTBE) at a concentration of 23 ugIL in groundwater at a depth 15-3 of 19.90 feet along the southern boundary and directly adjacent to the proposed hospital site (monitoring well No. 24A).l This concentration is nearly twice that of the California drinking water standard of 13 ugIL. Shell Oil also reported tert-buytl alcohol (TBA) at 33 ugIL at a depth of 19.92 feet along the southern boundary of the t'wt'uoed hospital site (see Figure 2, monitoring well No. 24B), nearly three times the California safe drinking water level of 12 ugIL. In its monitoring program. Chevron found MI'BE-contaminated groundwater at the Chevron . I Ihtll,.,/JeRi.waL'>..., J.s.ca.20v/l!eO reDOrtI3029416739/f0606597082.PDFl. ---__ ------..---or- . ....._------. . .~._._-- I gas station located just 250 feet from the proposed hospital site which is just across Highway 79. As recently as April 2003, Chevron detected MTBE at 1,400 ugIL at a depth of approximately 20 feet, roughly 500 feet from the y.vyv.ed hospital site. (See Table 2, monitoring well No. 6i In Chevron's most recent monitoring report, it documented MIBE at the same site at 14 uglL, which is in excess of the California drinking water standard (Figure 2). This cuu..,..,..;nation is particularly important because Shell Oil has found contaminated groundwater flowing directly towards the proposed hospital site (Figures 1 and 2), i.e., the MTBE plume is flowing in a northwesterly direction beneath and across Highway 79 directly towards the proposed hospital site (Figure 5A).3 The Shell Oil '''tM ~ shows the movement of the plume on the north side of Highway 79 with question marks, indicating that the plume has likely extended beneath the proposed hospital site. Accordingly, Shell has sought to test groundwater beneath the proposed hospital site in order to detennine the extent of the plume. Unfortunately, however, the y.wy""; owner, Universal Health Services, has refused Shell access to the y.'vy...~y. According to a Shell report: "[Shell Oil will] C"., J".. e to pursUe 8ccess a,.,.. ,,__"~nt with Universal Health Service, Inc., in order to conduct additional downgradient site ass.....~...'v.t activities. Regional Board assistance may be required." Shell Oil Monitoring Report, Octo~ 28, 2005.4 Shell's __.....~ certainly underscores the i~y_.;""ce of gaining access to the proposed hospital site in order to track groundwater wu.......;nation. Access may also ultimately be needed to hydraulically contain and treat the plume which may jeopardize Well 120, a public water well located just east of the proposed hospital site (Figure 1). The report also indicates that regulatory action from the San Diego Regional Water Quality Control Board may be necessary so that Shell can gain access to the hospital site and conduct essential monitoring and remediation work. As noted in our October 26, 2005 letter to Adams Broadwell Joseph & Cardozo, the focused EIR has failed to acknowledge the presence of the gasoline related contaminants in shallow groundwater. We noted, in fact, that the focused EIR did not include any evaluation of hazardous materials. In large development projects, such as this hospital, DEIRs typically reference American Society of Testing and Materials International (ASTM) Phase I and Phase n Environmental Site AsSl;SSIDenls, standard tools for deteImining if hazardous conditions exist beneath or near a t" ut'u..ed development.s 2 Ihttns:/Ie.<ri. wa~ :'~~j.ca.'!!U'i""" renortl9~ 1 R4QJ 44IVT0606599286.PDFl. 3 . ,- ~ - . - - .- - .... - h,tms:lle..... ^-_""_, ..s.""..ov/.eo reoort173IQ~3~'P082_PDl:). '1hItD'!:l/estw~,ca.vov/.eo renprt/302Q416739(m(~16Sg.7082,PDF"p.c6) . -'.~_' S (see for example httn:llwww.cln-in.or.fdownIoadImisclroadman4.ndf). . 15-3 Cont. . . 2 . These documented exceedances of drinking water standards along the southern boundary of the project area means that the project has potentially significant impacts. The focused EIR should be revised to address these potentially significant impacts as follows: 1. Hospital workers and patients may be exposed to gasoline related contaminants from vapors in soil beneath the hospital. Through a process known as vapor intrusion, gasoline-related compounds. may collect in soil under proposed buildings in concentrations sufficient to cuu.......:nate the air inside the hospital. If conc......".;ons exceed guidelines published by U.S. EP A 6 or CaJ EP A 7 public health may be at risk. The potential for vapor intrusion of gasoline related compounds should be evaluated in a technical report to be incoIpOrated within a revised DEIR. . 2. Construction workers may be exposed to gasoline related compounds in shallow groundwater upon excavation for the hospital. If the excavation extends to depths greater than 20 feet, the water table would be intercepted. Standing water containing M'lBE and TBA could constitute a hazard to construction workers along with potential exposure to other gasoline contaminants. The potential for exposure of construction workers to gasoline related w~t'uJDds should be evaluated in a revised DEIR. . 3 Sampling of groundwater and soil vapor should be conducted to evaluate potential 15-4 health risks for construction workers, hospital workers and patients. Results of the sampling should be used for comparison against U.S. EP A and Cal EP A standards and guidelines in the assessment of potential human health risks and included in a revised DEIR. 8 . 4. Sampling of groundwater and soil vapor should be conducted in the area of the t'>ut'u.ed hospital to define the rlowngradient extent of the gasoline w..;....Jnants and the potential impact to the public well as shown in Figure 1. AE. noted, Shell has requested access for sampling from Universal Health without success and access is essential to ensure that the pl\llIle does not progress undetected toward the public well. 5. If groundwater cuu.......:nation beneath the proposed hospital site is confirmed, a revised DEIR should outline any necessary steps to contain and treat the plume of contamination to protect the health of construction workers, hospital patients and staff. The DEIR should also discuss any necessary remedial measures that may be required on the proposed ho'spital site to ensure protection of Well 120, the public water supply well. . : ChllD:l/www.en;unv/reoinn09/Wl\..te/iftrldJor~lindex.html\ . (hllDj/www.""len..c8.vovlBrnwnfieldsldncument<l2OO5'~LSGuide.ndf). · (see for example hllD:l/www.ep8.~ov/correctiveactinnlei"v.pnrlcolll'?lete.n<\f and http://www_dtsc.c8.llOvf&;enceTechnoln..,,IHERD POL Eval Subsurface V.nor Intrusion interim final d!!!t). 3 6. Following additional investigation to define the extent of groWldwater contaminants at the t''''t'u"oo hospital site, a revised DEm should include an assessment of the potential effects of construction-related dewatering on the plume migration and measures that will be implemented to prevent spreading of cootam;n.tion toward building areas and Well 120. Sincerely, .1tut~.I(~~ Matt Hagemann Rob C. Hesse, R.G., REA -. ..--....,...,---------... ".."..-------"'- . 15-4 Cant. 4 . . . . . Leaend -1JTIIE,.....(\Il/U _lD\JIIUDfI(lGt) lEI RIpojtd Onlllldner flcMr onctIOn . PutlIIc,...~w.n120 d-...-- 0--"'" A ill!: Tlmecull Regional Holpilel T.~.C"umia rDil: GROUtl)WlJER CONTN.CIN.IJ1ON twmev: RCH F* 11/14i!5 jF9AMiJ.: 1 _8tiI '. ,- ~-- o SllI 1'11) _.l _.--.:;;.:..,;;;;::~,:,- . 5 . . LlHIRnd - MT8E pklr1ws(ug1J -l1II...,..CLIlIlJ 11III3 RIpoltIlll 0ru1ltdinl8r F\aw' ondlpn . SlIlIOnllllllMl8rllllll1lalrGWllIIls .' a.mn~....CIlItOrIIGWI" c:J1I__ 0_"'_"" - T.rnKUt. RlI9ion. Hotpbl Tlmtt1lII, CdomIe b . "" lIE MTBEN.lOTBAGOUND'WIiTER PWMES 0rIwl1ty: RCH r- 11t14.()5 r""No.: 2 -~~_.. .!IlO ---=,\' It . 6 . . , =.;::;..: :. ,:"."':C'. ;'~-~ .,.~: ."'."~'IIlIi' ~rJllm-1(~~f .. -' - - - .. ~~i~~ ~~,::~.: ~~ :,_~ <:::::.:; -- .. - -,~" -............. Matthew Hagemann Principal Regulatory and Litigation Support SpecUl/is! Regulatory CompHanee Investigation and Remediation Strategies Hydrogeologic Ch_ _.:_ :"'lIon LitigationS, . u .. . Expert Witoess Resean:h ~dJH:atlon: M.S. Degree, Geology, CaIifomia State L"":" __.:., Lo. Angeles, Los Angeles, CA, 1984. B.A. Degree, Geology, Humboldt State University, Arcata, CA, 1982. Teaching Certificate, Science, University of Oregon, Eugene, OR, 1987. Professional Emerience: Matt bas over 15 years of experience in key areas of __,:,___..! assessment and remediation. He .pent ten years with the U.S. EPA in 1he RCRA and Superlimd ...~...~ and served as EPA's Senior Science Policy Advisor in the Western Regional Office where he identified __..:-.. tIoeats to ".._~.,ater from perchlorate and MmE. While with EP A, Matt also served as a Senior Hydrogeologist in ensuring the rapid assessment of eight major military facilities undergoing base closure. He led ___._ enforcement actions 1IDder provisions of RCRA while also working ___.._.~,..Jy with ponoit holders to :".." ." hydrogeologic characterization and water quality m..:...;..g. Matt bas worked closely with U.S. EP A legal counsel and the technical .taff of several states in the application and enIi..._~"; of RCRA, Safe Drinking Water Act and Clean Water Act regulations. Mall bas trained the technical staff in the States of California, Hawaii, Nevada, Arizona and the TenitDry of Guam in the conduct of investigations, groundWater J;md._1s, and sampling tec1miques. Positions Matt bas held include: . Founding Partner and Senior Regulatory Ana1yst, SW APE; . Senior::"'", .:..'~:...~;~ Analyst, K.omex H2O Sciencel Inc; . Executive Director, Orange Coast Watch; . Hi ':"'b-.logist, National Park Service, Water Resources Division; . Senior Science Policy Advisor and Hydrogeologis~ U.S. Envi....._..lal Protection Agency; . Adjunct Faculty Member, San Francisco State University, Department of Geosciences; . Ins1ructor, CoHege of Mario, Dep__...... of Science; . Geologist, U.S. Forest Service; and . Geologist, Dames & Moore, Knowledge,~kllls and Abiliti_es. .. -".-.-.---- .-..---"'."'..- Curriculum Vitae Matthew Hagemann Senior Retmlatorv and Environmental Analvst: With SWAPE, Matt's responsibilities bave included: . Project IIl3IIlIglll and designated expert for litigation .....r... under provisions ofP..r..;':on 65 in the review of releases of ......L.. __...........mts to soun:es drinking water at major __=-_;.s and =--'':''..J of gas s1ations .:...,~.out Califomia. . Lead teViewer of _,:.. . '. I impact reports in identifying sigoificant issues with regard to hazardous waste, water quality and geologic hazards. . Liaison to TnDal EP A staff in assisting with their response to perchlorate .._......:.-.:... of the Colorado River and related drinking water supplies. . With Komex H2O Science Inc, Matt's duties included the following: . Senior author of a report on the exteDt of percblorate c_~.......:...mon that was used in t....:....__. by the former U.S. EP A Administra1DI and Gem::ral Couuse1. . Senior _~_d..tt in the deve:'L~~: of a comprehensive, c1....":...JIy iIIteractive chronology ofM1BE use, research, and regulation. . Senior researcher in the development of a c_......L......ive, el..~...:...uy interactive chronology of perchlorate use, research, and regulation. . Senior researcher in a study that estimates oationwide costs for M1BE remediation and drinking water w......_.....:. . Research to support litigation to restore drinking water supplies that bave been ~_......:mted by MTBE in Clilifomia and New Yorlc. . Expert, witness ;"'':'''''''J' for oil production-related contamination in Mississippi. . Lead author for a mul1i-volume remedial investigation report for an operating school in Los Angeles that met . strictregnlatory ..~...:..__ and rigorous deadlines. . Development of strategic. approaches for ckanup of ,,-_......:.....ted sites in consultation with clients and regu1ators. Exeeutive Direr:tor: e-......:,. as Executive Director with Orange Coast Watch, Matt leads effons to restore water quality at Orange County beaches from IIIII1tiple sources of c.._.......:....mon including urban runoff and the discharge of wastewater. In -.r...:...g to a Boaxd of r.:........ that includes repreo._:";:,_ from leading Orange County universities and lP',",,"$~, Matt has r"r~.l issue papers in the areas of treatment and disinfection of wa.._., ..~ and control of the dischrge of grease to sewer systems. Matt has actively participated in the devel.,... _.. of countywide water quality permits for the control of urban runoff and pennits for the discharge of wastewater. Matt has worked with other ~_...._.:ita that bave been effective in 1".,.,':"'" and restoring water quality, including Surfrider, Natural Resources Defense Cotmcil and Orange County CoastKeeper as well as with business institutions including the Orange County Business Council. Matt also manages the publication of a widely read weekly newsletter, the Orange County Water QiIality News (www.ocwatciJ&rg). Rvdrm'eGlofllVl As a Senior Hydrogeologist with the U.S. ::"',,:"._..;..J Protection Agency, Malt led investigations to characteri2e and cleanup closing military bases, including Mare Island Naval Shipyard, Hunters Point Naval Shipyard. Treasure Island Naval Station, Alameda Naval Station, Moffett Field, Mather Army Airfield, and Sacramento Army Depot Specific activities were as follows: . Curriculum Vitae 2 Matthew Hagemann . . . . Lcd efforls to model groundwater flow and contaminant ;'-r-'~ eIlSmed adequacy of monitoring netWOrks. and assessed cleanup alternatives for c.__..:..ated sediment, soil, and groundwater. . Initiated a regional r'w&,- for evaluation of groundwater sampling practices and lal..."_., analysis at military baseS. . Identified emerging issues, wrote t.<:!m;r.al guidance, and assisted in policy and regulation develvr~ through wmlcon four national U.S. EPA ....1...._...... incIt1dn,g tho Superfund (1..._1" .:__ Tecbnica1 Forum. At the request of the State of Hawaii, Matt developed a methodology to d.._"':-' the w1nerability of groundwater to c."....:.." tion on the is1ands of Maui and Oahu. He used analytical models and a GIS to show zones of vulnerability, and the results were adopted and nuhli<hell by tho State of Hawaii and County ofMaui. No a hydrogeologist with the EP A Groundwater Protection Section, Matt wmlced with provisions of the Safe Drinking Water Act and NEPA to r'" ~ drinking water c.-..:..-::m.. Specific activities included the following: . Received an EPA Bronze Medal for his contribution to the devel.r___ ofnationall!llidance for the n' -"....~ll!! of drinkinll water. . Managed the Sole Source Aquifer Program and r..:_.:"l the drinking water of two .._..~::.:.s through designation under the Safe Drinking Water Act. He <..<~.J geologic reports, conducted public hearings, and responded to public c.._:. from residents who were very concerned about the impact of designation. . Reviewed a numher of En,:' .~___:.ll Impact :.~___ for planned major devel'r__~' including large hazardous and solid waste disposal facilities, mine reclamation, and water transfer. Matt served as a hydrogeologist with the RCRA H-J.... Waste ,......._ Duties were as follows: . Supervised the 1r,.hw&..logic investigation of hazardous waste sites to determine compliance with Subtitle C re....:..~. . Reviewed and wrote "part B" r''''':;' for the disposal of hazardous waste. . Conducted RCRA Corrective Action investigations of waste sites and led inspections that formed the basis for significant enf..___. actions that were developed in close coordination with U.S. EP A legal counsel . Wrote contract specifications and supervised contractor's investigations of waste sites. Wi1h tho National Park Service, Matt directed service-wide investigations of conL...:......~ souri:es to prevent degradation of water quality, including the following tasks: . Applied pedinent laws and regulations including CERCLA, RCRA, NEPA, NRDA, and the Clean Water Act to control military, mining, and 1andfiD c ....~,...:.."...~. . Conducted watershed-scale investigations of ___.. . """ at parks, including Yellowstone and Olympic National Park. . Identified high-levels of perchlorate in soil adjacent to a national park in New Mexico and advised park superintendent on .......wt'.:ate response actions under CERCLA. . Developed a program to conduct Onvi. ._._...J compliance audits of all National Parks while serving on a national... ..L.....lp. . Co-.,,_':'.,__j two papers on the potential for water w . .- . 'llll from the -r-.:':-- of personal watercraft and SIlOWDlOhiles, these papers serving as the basis for the deveLr~ of nation-wide policy on the use of these vehicles in National Parks. . Contributed to the ~ ;Multi-A2encv Source Water A~ under the Clean Water Action Plan. ___~ _.".'__'_n_____ ..-"----- ,.......- Curriculum Vitae 3 Matthew Hagemann , PoUev: Served senior man....~~; as the Senior Science Policy Advisor with the U.S. L, :...~~:..J Protection Agency, Region 9. Activities included the following: . Advised the Regional Administrator and semor management on __,;....., issues such as the potential for the gasoline additive MTBE and "~_"':JIII perchlorate to c. . '. i.....:.:... '" water supplies. . Shaped EPA's national -~r''''' to these threats by serving on v...;""~.JP8 and by contributing to guidance, including the Office of Research and Development publication, Qxxgenates in Wat.., Critical Infonnation and Research Need., . J.......".J the technical tIaining ofEPA's scientific and """:-.._:..g staiL . Earned an EPA Bronze MedaIfor _..._~._.:..g the ",gion's 300 scientists and engineers in negotiations with the Administrator and semor management to better integrate scientific principles into the policy-making r'..-' . Established national protocol for the peer review of scientific documents. GeoIOPV' With the U.S. Forest Service, Malt led investigations to d..._...:.... hillsIope stability of areas proposed for timber harvest in the central Oregon Coast Range. Specific sctiviti.. were as follows: . Mapped geology in the field, and used aerial P:...:....._rllic inteIpretation and mathematical models to detennine slope stability. . Coordinated his .__.h with community _--1_.. who were concerned with natnraI resource protection. . Characterized the geology of an aquifer that serves as the sole source of drinking wster for the city of Medford, Oregon. As'a consultant with Dames and Moore, Matt led geologic investigations of two c. . . ,tM sites in the Portland, Oregon, area and a large bazardous waste site in eastern Oregon. Duties included the following: . Supervised year-long effort for soil and "'" ..,,:,. Iter sampling. . C __:..:.J aquifer tests. . Investigated active faults beneath sites r--r._.J for hazardous waste disposal. Te.Rr:hin~: From 1990 to 1998, Malt taught at least one course per semester at the community college and university levels: . At San F._:-. State University, held an adjunct IilcuIty position and tanght courses in eO'.:' .__.~la1 geology, o.._........h" (lab and lecture), hydrogeology, and groundwater _ .". '. ':'ll1L . Served as a ._......:.;... ~.....:. _ for graduate and undergraduate stndents. . Taught courses in_.;'._..u geology and oc...............h; st the College of Mario. BenortL Panen SlId Prgenutions:, Hagemann, M.F., 2003. Perchlorate c....-...:.....:.oo of the Colorado River: A Dam Mess. Invited presentation to s meeting of tribal repesentatives, Parker AZ. Hagemann, M.F., 2003. Impact ofPercblorate on the Colorado River and Associated Drinking Water Supplies. Invited presentation to the Inter-Tribal Meeting. Tmres Martinez Tribe. Hagemann, M.F. 2003. The Emergence ofPercblmate as a Widespread Drinking Water Contaminant. Invited ..-----pICSCIIla~iS. EPARegion 9. Curriculum Vitae Matthew Hagemann 4 . . . , . . . ". I Hagemann, M.F., 2003. A Deductive Approach 10 the Al..._.~~. ofPen:hlorate C..........:....~on. Invited r"~----':"_IO the California Assembly Natural Resources C.......:_._. HagemaDD, M.F., 2003. Perchlorate: A Cold Wax Legacy in DrinkiDg Water. Presentation to a meeting of the National Groundwater Association. Hagemann, M.F., 2002. From Tank 10 Tap: A Chronology ofMTBE in Groundwater. F .~~~~on to a meeting of the National G,. ....:, ater Association. Hagemann, M.F., 2002. An Estimate of the Cost 10 Address MTBE c.._-.:..ation in Groundwater (and Who WiD Pay). Presentation to a meeting of the National C.._d"._._ Association. J:....--um. M.F., 2002. An Estimate of Costs 10 Address MTBE Re1easc:s from Und-....-lI Storage Tanks and the Resulting Impact to 1:":..:.:,,, Water Weo.. Presentation to a meeting of the U.S. EPA and State Un:._... ...: Stomge Tank Program _.._s. H '. .,."..., M.F, 2001. From Tank to Tap: A Chronology ofMTBE in Groundwater. Unpub1ishedreport. Hagemann, M.F., 2001. Estimated Cleanup Cost for MTBE in Groundwater Used as DrinkiDg Water. Unpub1ished report. Hagemann, M.F., 2001. Estimated Costs to Address MTBE Releases from Leaking Und.......-lI Storage Tanks. Unpnhl;.hM report. Hagemann, M.F., and VanMouwerik, M., 1999. Potential Water Quality Concerns Related to L. ",~.tJe Usage. W ater:Resources Division, National Paxk Service, Teclmical Report VanMouwerik, M and HagellllUlD, M.F. 1999, Water Quality Concerns Related to Personal Watercraft Usage. Water Resources Division, National Park Service, Technical Report Hagemann, M.F., 1999, Is Dilution the Solution to Pollution in National Parks? The George Wright Society Biannual Meeting, AsheviDe, North Carolina. Hagemann, M.F, 1997, The Potential for MTBE to c.. TeclmicalForumAnnua! Meeting, Las Vegas:Nevada. . ..e Groundwater. U.S. EP A Superfund Groundwater Hagemann, M.F., and Gill, M., 1996, r......,. .Jh..._;. to Intrinsic Remediation, Moffett Field Naval Air Station, u....-... ._.... on Intrinsic Remediation of ChL:......J H} .h.~L_, Salt Lake City. Hagemann, M.F., Fukunaga, G.L., 1996, The Vulnerability of Groundwater to AnL.. _,,~:c c.. . .. ntS on the Island ofMaui, Hawaii Hawaii Water Works Association Annual Meeting, Maui, October 1996. HagemaDD, M. F., Fukanaga, G. L., 1996, Ranking Groundwater Vulnerability in Central Oahu, Hawaii Proceedings, Geographic Information Systems in EJr.:.__--J! Resources Management, Air and Waste Mana."........: Association Publication VIP-61. - - ------------- ----.------.. .. Cumculum Vitae 5 Matthew Hagemann . Hagemann, M.F., 1994. Groundwater Cbara.~.:"";;on and Cleanup at Closing Military Bases in California. Proceedings, California C. ._;. ,~ter Resources Association Meeting. Hagemann, M.F. and Sabol, M.A., 1993. Role of the U.S. EPA in the High Plains States Groundwater Recharge D ~.~'~,tionl.u...~ Pnw-......tn.g.. SixthBicnnial Symposimnon the Artificial Recharge of Groundwater. HagOlllllllll, M.F., 1993. U.S. .EPA Policy on the Technical L...,.._':"bility of the Cleanup of DNAPL- .' . ',.A G_.-..I.._.. California Groundwater Resources Association Meeting. Hagemann, M.F., 1992. Dense Nonaqueous Phase Liquid C...-..:....tion of Groundwater: An Ounce of Prevention... Proceedings, Association of Engineering Geologists Annua1 Meeting, v. 35. ..----------. --_.~-- - Curriculum Vitae. Matthew Hagemann 6 . . . . I I. , , I :. 15. Gloria D. Smith, Adams Broadwell Joseph & Cardozo, November 16, 2005 Response 15-1 This written comment was received after the close of the noticed comment period. This comment provides an introduction to the Adams Broadwell Joseph & Cardozo comments on the Draft EIR. No response is required. This letter represents a second comment letter from the same party, reiterating and expanding upon some of the comments made in the October 28, 2005 letter (see Response to Comment to Leller #7). Response 15-2 The comment provides an introduction to supplemental comments, from SW APE, consultants to Adams Broadwell Joseph & Cardozo, on the leaking underground fuel tanks (LUFTs). The City acknowledges the LUFTs in the vicinity of the project site. Refer to Responses 2-2 through 2-7 and Response 7-18. Response 15-3 Please refer to Responses 7-18 and 7-19. Response 15-4 Please refer to Response 7-18, 7-19, and 7-20. CITY OF TEMECUlA ENVIRONMENTAllt.1PACT REPORT TEMECULA REGIONAL HOSPITAL 9-294 Eunltl., CoIIIM;ltu 0.8. JObDlOA Chairman of the Board Westmzr Commercial Brokerage Naaq StepbCDIOA Chair Elect NSL I......... Suvica Scott c..... Fim Vicc Chair Soumwcn Healthcare System Roo HoU1clay Treuurer LPL Financial Murrieta Chamber of Commerce RECSIVEI:: NI]" 1 r: ~""1: .. (UUJ CITY MANAG OFFIC,lR'S . November 16, 2005 Shawn Nelson City Manager City ofTemecuIa P.O. Box 9033 T ..~....Ja CA, 92589=9033 Letter 16 Dear Mr. Nelson: The Board ofDi.~~;~.~ oflhe Murrieta Chamber of Commerce whole heartedly ~-r..-.'" the deveLr,....,.: oflhe ...._.._~~J hospital facility on SR-79 South in Temecula. Shan. Laonkr 5<=,,,,y W . M' fi ugh ba hasp.tal 'thin Temeeub. Valky Communications, Ioe. e m wneta are Ortunate eno to:ve a 1 ~'''-'> WI our city limits and another _..8 just outside our city in Wlldomar. This is an 4 __;.,..., quality of life issue that is not currently available to the citizens of the City ofTemecuIa. n. Frusc Past Chairman of me Board Mission Oaks National Bank DUnton Vldde Ashmore w.u. Fqo Bonk Ala. BnlcoTicb Wute Management Job Campbell Coyote Rentals 8c Sales. Ine. Pat Kemball SCGA Golf Course Tlmothr C. Kuzelka Law Offices ofTunothy C. Kuzellca Ellubctb N"tj;ro Nigro, Nigro & White, LLP Rick Schoea/'dd KIA World ofTcmccwa Joa Sparkmaa Temecula VaDey Bank Jack ftA Huster Jack F. V2D. Huster CPA. Inc. Roger Ziemer Southern California G:u Co. The population ofTemecu1a is "'r ".;d to grow to 1 02,000 people by the year 2013. The surrounding areas of Anza, Aguanga, French Valley and lhe Temecula Wme Country will also increase su:.~;....;;atly over the next 10 yean;. The current level of service is at full capacity now and cannot possibly handle these increases in population. 16-1 . The need for this facility is now, and current efforts to delay this project will only serve to exacerbate the problem. Therefore we strongly recommend that the Temecula Planning Commio.<<ion and the City Council proceed with this project as quickly as possible. Sincerely, ?h- I, tC).l....$',..-u O.i'Johnson Chairman of the Board Rex Oliver President/CEO M~A~ mv J;",,)f ." FRlGGYf23 ~tI.. -rC:": . ........1I..IJ.w:........I.._ 26396 Beeknun <Au<<. Ste.C Murrieta, CA 92562 (951)677.7916 fu (95l)677~9976 www.murrietadwnber.org . . . Responses to Comments on the Draft ElR Received After Close of Public Comment Period 16. O.B. Johnson, Chairman of the Board, Murrieta Chamber of Commerce, November 16, 2005. Response 16-1 This written comment was received after the close of the noticed comment period. The comment is acknowledged. The comment states that the Murrieta Chamber of Commerce supports the proposed hospital, and highlights the importance of additional hospital facilities in the area. This comment does not address an environmental issue or raise any question regarding the analysis or conclusions in the EIR. No response is required. ENVlRONMENTAllMPAO REPORT TEMECULA REGIONAL HOSPITAl CITY OF TEMECULA 9-296 Letter 17 " .... " :i.: ~.! . f I"" -'"I.r::-' ...l) . . . . J. . C-:/U).o<. q~' .... : . . rRh~.-..ttii;e ",~~I1~:n.~rJ:~(l:-' "" s~~~./7'~~- ". ~~ ~E:X7~JiZ~~~~~u . ~J:;if~'i:;;'~;~ J- I'I:J.:' .fvr:. /::>,,,,- ;:.,J...ry~~.' '., .' . nS _ Q ~--. . .' . . ;1 -:..PIs ~ ~. wR6^,6-~' '. . "3;#.-"; g&;C'~~::W'"~.:~" .' . M-.. tl t?-:.tAu- ~~ ..,;iI4t'~ :: .... . eA. #I/n y&t ~. .. ... 'i.' . · ~. :S~~,<JI,~J+.4:Lt.~/J<. ~ .L~'~ -h:.-Ki:,;.;, :.~ _P4:-j::i.,..:e. t:iuL- 17-1 ...~ .' . .'. ,p' .'"..9" - J. .' - L. - . "': .,;~~~.o'?~":~'~ .. .' d~'~"~~"c...~.'."'- -..:to ~jJ4;;#c'i:~ ~ ~"_. .'- "'*nrw; ~~~i~4; A/';~~ : .~M:4.r~1~~~~". .~.~~_~C';: . -Uh;;;;'-tif;J'~ ~ ..~,. - .~~.h.:~i;~jr:JJi~'Iiir",,~;:<:;i;}'.frli~~ . .~~..-,.--.... ..~~~- : .' .> .~~:';:'~~~;~~<: "~:~$;,J;;ii; . ,.'. ':.' .-:.... :"0: '~.:~..)~ -' ~-~"';:~- ? -:,'~ ~~~~~'~:"j~:~~:~;;~-- . . ! :. . . I ..(u. 'LH7- ,.U<1 ~ ~ 0, /<,. ~ 11 V' p.R~ OhulTat/on ", C2lk+~ . Nlla Leger Casey ~~{h~~Jr . 1:- A.e.:r.d...-n?.;;::z.:: CA/cluo~. ; 43'f"95 Ahr'th 'o";';IJ!'.&.~ L... ftfr~-483q. . u/l.1uu..l..... tf~~'2 . 17-1 Cont. 17. Heh;n Chichester, November 16, 2005. Response 17-1 This written comment was received after the close of the noticed comment period.. The comment states opposition to the proposed project location, size, and impact on the Los Ranchitos neighborhood. Please refer to Responses 11-1 and 13-1. This comment expresses unsubstantiated opinion, and does not state any facts contrary to the analysis or conclusions in the EIR. No further response is required. CITY OF TEMECULA ENVIRONMENTAllMPAO REPORT TEMECULA REGIONAL HOSP1TAl 9-299 . . . . . . November 21, 2005 City ofTemcc$1a Planning Depaj1ment Attn: Emery PltpP. Senior Planner 43200 Busincs~ Park Drive Temecula, CA; 92590 Dear Mr. Pappi ""--"'_'H rt"~!~ (:", :. r ;,~! -~~V2 1 2~05 ! Ii l:.h ~ . ; ....1 Letter 18 j ;:":;; , ..-.j I have two mahi concerns. The first is the Hospital's ingress and egress. I 'object to the ........;.~ on.DePortola ROildbeing.plal';d.on.the east side of the proposed bespital 1',..."...;. My.chief w"..""" is that my property at 31625 DePortola Road (setting next to their lot on the:east) and the other two parcels ea.<t of my ,....l...~; all will j,e Wlder development i~ the near future. Our necessary. access to DePortola Road Iieeds to be preserved and given considel'alion as future development occurs keeping aP eye on the big picture. If ihe November 14, 2005.. Press Enterprise plot design is acelmrte. their 18-1 proposed ac~ is to the mOSL easL end of their De.Portola Road Lot paraIld to the drainagll cu~. All drawings Lhat I have seen during my sixteen years in Temecula show Pio Pico Road having access on and through the lots now under proposed development. I think if there i~ to be an entry or eltit onto DePortola Road that is the p1a~ that it should remain.. Also. 'Daltola Road to the east ofT of Margarita Road dead ends iirto the drainage co~. It seems to me that Dartola Road facilitates a perfect ~ss onto the proposed hospital development I think it should be used. Ibis is an invitation to enhance communication wilh absent property owneISldevelopers. Sincerely, ~. . .-...r . - --.," .. "1 Don L. Rhodes' 31625 DePortoia Road Temecula, CA ; 92592 (951)501-9687(0011) Responses to Comments on the Draft ElR Received After Close of Public Comment Period 18. Don L. Rhodes, November 21,2005. Response 18-1 This written comment was received after the close of the noticed comment period. The comment asserts opposition to the proposed De Portola Road access and supports access from Dartolo Road. As stated on page 3-7 of the Draft EIR, the De Portola Road driveway at the northeast corner of the project site will serve as secondary access, with turning movements restricted to in and out right turns and in only left turns. left turns from the site onto De Portola Road will not be permitted. The traffic analysis conducted for the project identified no significant impact to De Portola Road. Alternative 4: Access from Dartolo Road on pages 5-11 through 5-14 of the Draft EIR presents an analysis of a secondary access from the east of the project site via Dartolo Road in lieu of the proposed driveway connection to De Portola Road. The analysis concluded that traffic and biological resource impacts of Alternative 4 could be greater than those associated with the proposed project. Therefore, secondary access via De Portola Road is the preferred access compared to Dartolo Road. No further analysis is required. CITY OF TEMECULA ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAL 9.301 . . . . . . ATTACHMENT NO.7 NOVEMBER 16,2005 PLANNING COMMISSION MINUTES R:\C U P\2004\04-0463 Temecula Regional Hospital\PC 01-oS.06\PC MEMO 01-QS-Q6.doc 12 i. . ::. MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION NOVEMBER 16, 2005 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:30 P.M., on Wednesday,. November 16, 2005, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Per requirements of the Fire Marshal, Chairman Mathewson announced that additional seating will be available in the Main Conference Room. ALLEGIANCE Commissioner Harter led the audience in the Flag salute. ROLL CALL Present: Commissioners Chiniaelf, Guerriero, Harter, Telesio, and Chairman Mathewson. Absent: None. PUBLIC COMMENTS No public comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of November 2, 2005. 2 Director's Hearino Case Uodate. RECOMMENDATION: 2.1 Approve the Director's Hearing Case Update for October, 2005. MOTION: Commissioner Chiniaelf moved to approve the Consent Calendar. Commissioner Guerriero seconded the motion and voice vote reflected unanimous aDDroval. R:IMinulesPCI 111605 PUBLIC HEARING ITEMS New Items . 3 Plan nino ADDlication No. PA04-0462. General Plan Amendment. PA05-0302 Planned Development Overlav. PA04-0463 Conditional Use Permit and Develooment Plan. PA04- 0571 Parcel MaD. submitted bv Universal Health Services. Inc.. for a General Plan Amendment. Zone Chanqe. Conditional Use Permit, Development Plan and a Tentative Parcel MaD to construct a .566.160 souare foot hosi;lital. includino medical office buildinos on 35.31 acres. located on North side of Hiohway 79 South and south of DePortola Road. and aODroximatelv 700 feet west of Maroarita Road By way of PowerPoint Presentation, Senior Planner Papp presented the Planning Commission with a staff report (of written record), advising that subsequent to the preparation of the agenda report and packet of this meeting, two additional letters and three emails were received concerning the proposed project. For the Planning Commission, Director of Public Works Hughes stated that all street improvements along 79 South, the intersection at 79 South, and the driveway on De Portola will be in the first phase, except for the Dartolo Road connection. With regard to helicopter flights, Mr. Papp noted that the type of license that the applicant will be applying for would allow an average of one flight to six flights a month and that the perimeter landscaping will have 24-inch box and 15-gallon trees installed. By way of PowerPoint Presentation, Ms. Laura Stetson, representing P&D Consultants, presented the Environmental Impact Report (of record), highlighting the following: . . Impacts considered but found to be less than significant o Aesthetics - scenic highways and visual character or quality o Air Quality - construction odors and consistency with adopted plans and policies o Hydrology and water quality o Land Use Planning o Noise - construction, ground-borne vibration, traffic-related noise, sirens, loading dock activities, trash pick-up, landscape maintenance, future exteriorlinterior noise environment . Potentially Significant Impacts that can be mitigated o Aesthetics - Light and glare o Noise - Operational impacts (mechanical yard, emergency generators, mechanical equipment, rooftop equipment) o Transportation - Project impacts . Unavoidable Significant Impacts o Short-term, long-term, and cumulative air quality impacts o Noise impacts associated with the maximum potential number of emergency helicopters flights o Cumulative traffic and circulation impacts . R:\MinutesPCI 111605 2 . . . Ms. Stetson stated that given all the information, and as part of the approval process, if the Planning Commission were to recommend and the City Council were to approve the project with these significant unavoidable impacts, a finding must be made that the project benefits out-way the unavoidable significant affects (as noted below) associated with construction and operation of the hospital. . That the proposed hospital will provide ne~essary medical services to the local community including Emergency Acute/Outpatient and Cancer Medical care and rehabilitation . That the proposed hospital will provide the region with new employment opportunities for highly trained medical staff and medical service workers . That the proposed hospital will support diversification of Temecula's Economic and Employment base including and not limited to the biomedical research and office facilities that would be on site . That the Temecula Regional Hospital will be centrally located wittl access from a major roadway to best serve the medical service needs of local residence as well as the region. Commissioner Chiniaeff asked the applicant how the noise concern of sirens at night will be addressed. For Commissioner Chiniaeff, City Attorney Thorson stated that because staff does not have all the responses to the numerous comments that were received from private parties, the Planning Commission will be asked to continue this item to the December 7, 2005, Planning Commission meeting; at that time, staff will be addressing concerns of the Planning Commission as well as concerns from speakers. For the Planning Commission, Director of Planning Ubnoske stated that all questions and comments will be addressed at the December 7,2005, Planning Commission meeting. Mr. Scott Crane, Director of Business Development for Riverside County for Universal Health Services and Ms. Linda Bradley, CEO and Managing Director of Southwest Health Care System (consisting of Inland Valley Medical Center and Rancho Springs Medical Center) spoke in favor of the proposed project, offering the following: . That in light of the size of the City and considering its anticipated growth, this City should have a high-quality, state-of-the-art hospital . That a hospital would be a key facility in providing health care services to citizens of Temecula . That Temecula Valley is currently served by two Universal Health Service Hospitals, Rancho Springs Medical Center and Inland Valley Regional Medical Center, both part of Southwest Health Care System; that Rancho Springs Medical Center (closest emergency room to the proposed site) is approxirnately eight miles north of the hospital project for Temecula R:\MinutesPC\ 111605 3 . That both current hospitals regularly operate at above 90% capacity for its average daily census; that the health care team desires and needs the proposed hospital; and that . currently patients are treated in hallways because the community and demand for medical services has exceeded the design capacity of the current facilities . That Universal Health Services will be investing more than $50 million in expanding the two existing hospitals to add beds and rooms, an open heart and cardiac unit at Inland Valley Medical Center, O.B. Department at Rancho Springs, including a neo-natal intensive care unit, and doubling and tripling the size of the current emergency room . That expansions of Inland Valley Regional Medical Center and Rancho Springs will not be able to accommodate the current demand . That in the event of a natural disaster, the community will not have the facilities to adequately handle a natural disaster or national security event . That although other properties were considered, it was determined that the 79 South corridor is properly configured with appropriate access . That for years Southwest Health Care Systems has proven to be a good corporate citizen for the community . That if the proposed project were approved, the hospital will be providing high-quality services easily accessible to Temecula residents who will no longer have to travel long distances to receive such care . That the hospital design will be based on clinical needs and patient-care concerns; that departments that need to be close to each other for optimum critical patient care are the emergency departments, x-ray, and surgery; that out-patient services tend to flow horizontally within a hospital and in-patient services tend to flow 'vertically; that additionally, loading dock functions, materials management, and other support services are all areas that have primary relationships to the first-floor functions; and that departments such as administration, Human Resources, and Education are also located on the first level, to enable access from the public while maintaining secured areas on the non-public side of the hospital, including patient care towers . . That patient rooms will be designed in stacking order, similar to a hotel; that typical bed floors operate most efficiently at 34 to 38 patient rooms per floor; for initial construction of the 170 beds; that the project will dictate five floors of patient rooms above the first floor of the whole facility; thereby, defining the project as a 6-story bed tower . That the State limits the, distance hospital staff may travel from a nurse station to the patient room to 90 feet which, in turn, has an affect on how large a bed floor may be designed in order to maintain practical efficiency; that State code requires that all patient rooms have an exterior window; that with 170 beds, the amount of exterior wall needed to ensure that code requirements are met will dictate multiple levels of patient floors . R:\Min~lesPC\ 111605 4 , I .'. " :i i I. I , i i. . That after establishing a need for a multilevel tower, the location of the hospital tower will be determined by how the tower will relate to internal functions; and that the key criteria for locating the bed tower will be dictated by the proximity of the critical core departments, ER, Imaging, and surgery . That in the design of the Temecula Hospital, the core elevators are located centrally among the core departments and central to the first-level floor plan; that optimum patient transfer efficiency will be achieved with the central core; that if you were an in-patient in the hospital, one would desire to be closer to the elevators so that one could get to the needed services faster . That mechanical, electrical, and plumbing systems are more efficiently designed with the central tower which lead to faster construction and help provide quality health care sooner . That if the proposed hospital were designed with shorter bed towers, patients would have a longer distance to access needed critical services and, therefore, taking longer to get life-saving services to patients ' . That the hospital project will bring between 1,000 and 1,200 new local jobs and will eliminate long commutes; and that the hospital will also bring two medical office buildings, one that will be built prior to the hospital, providing outpatient hospital services such as outpatient care, x-ray and lab, physical therapy as well as physician offices . That the hospital will bring medical and surgical services, an intensive care unit, eight operating rooms, lab and x-ray, and an emergency department that will be able to assist more than 40 patients at one time . That the hospital will not be designated as a trauma center . That when the hospital will be built, it will be one of the top three employers and tax payers in the City of Temecula . That the applicant is aware of the concerns of the helipad but that the helipad would only be used to transport critically injured or ill patients to a specialty hospital . That the patient care tower will allow for a future planned expansion if necessary, with no need to expand infrastructure; therefore, expansion may occur rapidly to meet the needs of the community . That the proposal including a complete plan for the hospital with no hidden parts and/or no changes contemplated down the road for the hospital . That with the recommendation of the Planning Commission to the City Council and the City Council's approval, Universal Health System will deliver a hospital. R:\MinutesPC\ 111605 5 In response to Commissioner Chiniaeff's concern regarding the sound of sirens at night, Mr. Crane stated the construction of a hospital would not create more ambulance runs; that . ambulance runs are currently based on population, that ambulance needs occur whether there is a hospital or not; and that it would be the destination of the ambulance that would cause the siren. Referencing Chairman Mathewson's question regarding doubling up on nurses station to reduce the height of the towers, Ms. Stetson advised that doubling nurses station to have broader patient towers and less stories would result in a longer distance to get a patient to emergency services; that it is very important to have patient care floors be the perimeter in order to provide shorter distance times from the furthest patients out to the central core down to the emergency services; and that higher towers, with less square footage, would be best for patient care. For the Planning Commission, Mr. Crane stated that a designation for a trauma center would be designated by the County, not Universal Health Systems. Ms. Stetson informed the Commission that because sudden and unanticipated changes in patient's conditions occur, it would be difficult to determine how patients are placed in a hospital. It was also stated for the Commission that the State and County regulate the disposal of hazardous materials. Mr. Crane advised that Universal Health Systems explored other construction sites but that the sites were not adequately designed to meet the needs of the hospital. In response to Chairman Mathewson's query, Mr. Crane stated that typically the number of . helicopter flights would relate to emergency room visits; that there will be occasions when conditions will change with a patient which would require relocation and that if the hospital were to exceed the maximum number of helicopter flights allowed, a viable alternative would be to ground transport patients to Inland Valley Regional Medical Center (Trauma Center) from a critical care ambulance transfer and helicopter transport the patient from there. Chairman Mathewson thanked Mr. Crane and Ms. Stetson for their report. At 8:00 p.m., the Planning Commission recessed for a 15-minute break. At 8:15 the Planning Commission resumed with the meeting. At this time the public hearing was opened. The following individuals spoke in favor of the proposed hospital project: . Dr. Russ Hatt . Dr. Kevin Flaig, Murrieta . Dr. Edward Pillar, Murrieta . Ms. Linda Maxwell, Temecula . Mr. Charles V. Bahr, Corona . Ms. Joan Sparkman . Mr. Rick Meyer . Ms. Leah Patterson, Murrieta . Ms. Tomi Arbogast,Temecula . R:\MinutesPC\ 111605 6 . . Ms. Vanessa Ruelas . Mr. Roger Ziemer, Temecula . Ms. Alice Sullivan, Temecula . Mr. Dennis Frank, Temecula . Mr. Michael Murphy, Canyon Lake . Ms. Rene Aberle, Murrieta . Ms. Debbie Parker, Temecula . Janis Rustard, Temecula . Mr. Mark Nelson, Temecula . Dr. Brett Ginther, Fallbrook . Dr. Reza Vaezazizi, Temecula . Ms. Debbie Moss, Temecula . Ms. Barbara Lasko-Hoellinger, Temecula . Ms. Chesi Levy, Temecula . Ms. Susan Wildgoose, Temecula . Ms. Linda Barr, Murrieta . Mr. Norm Everett, Temecula MOTION:' Commissioner Guerriero moved to extend the meeting time to 10:30 p.m. Commissioner Chiniaeff seconded the motion and voice vote reflected unanimous aDDroval. . Ms. Trisha Heide, Temecula . Ms. Justine Castro, Temecula . Mr. David Moorhead, Temecula . The above mentioned individuals spoke in favor of the proposed project for the following reasons: . That Universal Health System is committed to quality patient care . That there are not enough beds at the current hospitals to provide the health care needs of the community . That the expansion efforts of Rancho Springs Medical Center and Inland Valley Regional Medical Center will only help with the current over crowding issues . That true adequate future health care coverage could only be obtained with building the proposed hospital project . That in terms of an emergency, minutes are critical . That to avoid a local health care crisis, the proposed project must be built . That if the proposed project were not approved, the health of the public will be in jeopardy . . That the combined yearly volume of patient visits at Rancho Springs Medical Center and Inland Valley Regional Medical Center would be over 60,000 patients a year R:\MinutesPC\ 111605 7 . That the City of Temecula needs and deserves a state-of-the-art hospital . That the diversity and accessibility of the helicopters would make medical operations more capable . . That good emergency care is needed in the Temecula Valley . That the current and future growth of Southwest California and Temecula Valley requires that a state of the art hospital be a key component in the community . That the health and well being of Temecula citizens depend greatly on the ability for pave the way for such facilities to be built . That considering the projected population growth of the combined cities of Temecula and Murrieta will exceed 200,000 within the next 10 years, it will require immediate action and approval of this hospital facility . That any delay in approving the proposed project will have profound impacts on the region's ability to groW, prosper, and meet future health care needs of the community . That while Temecula's population has tripled since incorporation, the City of Temecula and its outlined region cannot rely on medical facilities at its immediate service areas . That in the event of a major catastrophe access to Murrieta or Wildomar may not be available . . That Southwest Healthcare System will be committed to developing a state-of-the-art facility to serve the need of the community . That although the services at Inland Valley Regional Medical Center and Rancho Springs Medical Center are excellent, the facilities are inadequate to deal with the current growth as well as the future growth . That Universal Health System is a great organization to work for and will provide high- quality cost-effective, coordinated health care services to the Temecula Valley. The following individuals spoke in oooosition of the proposed hospital project: . Mr. Brad Storman, Temecula . Ms. Gloria Smith, Murrieta . Mr. Matt Hagemann, San Marcos . Mr. Don Stowe, Temecula . Mr. Jerry Toliver, Temecula . Mr. Richard Anderson, Temecula . Mr. Kenneth Ray,Temecula . Mr. Don Brown, Temecula . Mr. Raymond Bennett, Temecula . Mr. George Di Leo, Temecula . R:\MinutesPC\ 111605 8 . . :. The above mentioned individuals spoke against the proposed project for the following reasons: . That the Environmental Impact Report (EIR) has not completely addressed the noise traffic impacts that the proposed project will bring . That a block wall installed between the proposed project and nearby residents would significantly reduce the noise impacts that will be created by the proposed hospital . That the EIR should include estimated number of helicopter flights and its associated noise . That the EIR does not describe the project . That the EIR does not analyze the reasonable/feasible impacts . That the residents surrounding the proposed site are of the opinion that the City could mitigate the noise impacts to the homes by installing a brick wall along DePortola Road and Pio Pico Road, advising that this would be a simple, inexpensive, and affective opportunity to reduce the noise impacts . That the surrounding residents are concerned with the additional impacts that the hospital will have on Pio Pico Road . That the EIR does not address leaking underground fuel tanks from nearby gas stations that are contaminating ground water and moving toward the hospital site; and that the EIR must address all issues regarding leaking underground fuel is warranted under the law and requires the preparation of an EIR . That the EIR only addresses a fraction of the significant impacts associated with the proposed project . That the EIR has failed to address hazardous waste materials and geology . That in review of documentation obtained from the Regional Water Quality Control Board's website, there are gas stations leaking plumes to the area of the proposed project; and that a Methyl Tertyl Butyl Ether (MTBE) gasoline additive has been detected in the drinking water along the southern boundary of the proposed hospital site . That further evaluation of the proposed site and a revised EIR would be necessary to ensure hospital water and patient safety; that sampling of ground water should be granted in the vicinity of the proposed hospital to ensure that the water supply well will be protected; and that any necessary clean-up should be conducted prior to construction . That the proposed hospital is located in a liquefaction hazard zone; that the Riverside County Geologist has designated this area as very high potential for liquefaction; and that maps indicate that a study will be required prior to a public hearing for the project entitlement . That although residents agree with the need for a hospital in the community, it will have a negative impact on the surrounding residences R:\MinutesPC\ 111605 9 . That surrounding residents of the proposed project are concerned with traffic problems as a result of the DePortola Road access; and that a No access on DePortola Road . would be preferred . That noise from sirens would be a safety issue for equestrian-type activities that occur around the area · That the proposed project will lower property values and destroy the rural setting of the community · That visual tranquility will be destroyed with the lights and tower height of the proposed hospital . That Los Ranchitos and Santiago Rancho Estates represent equestrian areas within the City of Temecula; that the streets in the area are narrow rural residential streets without cement curbs, sidewalks, and stre~t lights; and that the streets cannot handle the daily cut-through traffic that will be generated by a DePortola entrance . That the proposed height of the hospital site will be unacceptable . That the applicant of the proposed hospital must make reasonable modifications to better conform to the City's height limits. MOTION: Commissioner Chiniaeff moved to continue Item No. 3 to the December 7, 2005, Planning Commission meeting. Commissioner Guerriero seconded the motion and voice vote reflected unanimous aDDroval. . Commissioner Guerriero thanked the doctors and nurses' who spoke on behalf of the hospital. COMMISSIONERS' REPORTS Commissioner Chiniaeff advised the Commission that he will not be in attendance of the December 7,2005, Planning Commission meeting due to him being out of the Country. PLANNING DIRECTOR'S REPORT Referencing the selection process and reappointments of Commissioners, Deputy City Manager Thornhill, advised the Planning Commission that at some point in the future, staff will ask the . Commission for their thoughts with regard to the selection and reappointment process. Director of Planning Ubnoske advised that the Planning Commission meetings for the month of December 2005 will be December 7 and December 14, 2005, advising that that December 21, 2005, will be cancelled. . R:\MinutesPC\ 111605 10 . , i' . . ADJOURNMENT At 10:21 P.M., Chairman Mathewson formally adjourned this meeting to the next repular meetina to be held on December 7. 2005 at 6:30 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. Dave Mathewson Chairman Debbie Ubnoske Director of Planning R:\MinutesPC\111605 11 . . . ATTACHMENT NO.8 NOVEMBER 16,2005 PLANNING COMMISSION STAFF REPORT R:\C U P\2004\04"()463 Temecula Regional Hospital\PC 01'{)5~06\PC MEMO 01.OS-D6.doc 13 . !. 'i. I' STAFF REPORT - PLANNING CITY OF TEMECUlA PLANNING COMMISSION Date of Meeting: November 16. 2005 Prepared by: Emery J. Papp. AICP Title: Senior Planner File Number: Application Type: General Plan Amendment Planned Development Overlay District Development Plan/Conditional Use Permit Tentative Parcel Map (3246B) P A04-0462 P A05-0302 PA04-0463 PA04-0571 Project Description: A General Plan Amendment to remove the project area from the "Z" Overlay District of the land Use Element of the General Plan which will permit new construction to exceed two-stories in height; a Zone Change from PO (Professional Office) and PDO-8 (De Portola Road Planned Development Overlay District) to PDO-9 (Planned De"elopment Overlay District~9) and adoption of a PDO text document to create height standards which would allow a maximum building height of 115 feet; a Conditional Use Permit to establish a hospital facility and private helipad; a Development Plan for the design and construction of a 408,160 square foot, 320-bed hospital, a helipad, two medical office buildings totaling 140,000 square feet; a 10,000 square foot cancer center and an 8,000 square foot fitness rehabilitation center all totaling 566,160 square feet; and a Tentative Parcel Map to consolidate eight (8) lots into one (1) parcel on 35.31 acres, also known as Assessor's Parcel Nos. 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 (PA04-0462, PA04-0463 and PA04-0571) Recommendation: ~ Recommend City Council Approval with Conditions CECA: ~ EIR with Statement of Overriding Considerations PROJECT DATA SUMMARY Applicant: Universal Health Services of Rancho SprinQs. Inc. General Plan Designation: Professional Office (PO) Current Zoning Designation: Professional Office (PO) and Planned Development Overlay District a (DePortola Road PDO-a) Proposed Zoning Designation: Planned Development Overlay District 9 (Temecula Hospital PDO-9) Site/Surrounding land Use: Site: North: Vacant Very low Density Residential (Vl) R:\C U. P\2004\04.0463 Temecula Regional Hospital\PC 11 + 16-05\pc.ST AFFREPORTtI + 16-05 v2.doc 1 South: East: West: Hiqhwav 79 South, Low Medium Residential (LM), Community Commercial (CCl Professional Office (POl" HiqhwavfTourist Commercial !HT), PDO-8 . PDO-6 (Rancho Pueblo Planned Development Overlay) Lot Area: 35.31 Acres Total Floor Area/Ratio: .36 Hospital: Medical Office Building NO.1: Medical Office Building No.2: Cancer Center: Fitness Rehabilitation Center: 408,160 square feet 80,000 square feet 60,000 square feet 10,000 square feet 8,000 square feet TOTAL: 566,160 square feet Landscape Area/Coverage: 33.3% Parking Required/Provided: 633/1 ,278 BACKGROUND SUMMARY On June 30, 2004, Universal Health Services of rancho Springs, Inc. submitted applications for a General Plan Amendment, Zone Change, Conditional Use Permit and Development Plan. On November 4, 2004, the applicant submitted a Tentative Parcel Map (32468) to consolidate eight lots, including a portion of the Pio Pico right-of-way (south of DePortola Road) into one lot. Staff . originally prepared an Initial Study, Mitigated Negative Declaration (SCH 2005031017) and Mitigation Monitoring Program for the proposed project. The original Initial Study was circulated for a 30-day public review period from March 4, 2005 to April 6, 2005. A City Council Subcommittee (Mayor Comerchero and Councilman Naggar) was formed to meet with neighborhood groups to discuss the project. The City Council subcommittee formally met with the applicant and staff on September 27, 2004 and October 11, 2004. Staff met with the Santiago Estates Home Owners Association on December 6, 2004, and held a community meeting on December 8, 2004. The community meeting notice was mailed to the surrounding homeowners within 600 feet from the project site and approximately 45 residents and landowners were in attendance. The primary issues of concern that were raised through the various meetings with staff and the public include the following: . Traffic and circulation (access points) . Building height and views . Compatibility with residences . Noise . Helipad (location and number of flights) . R:\C U P\2004\04~0463 Temecula Regional Hospital\PC 11-16-05\PC-STAFFREPORTt 1-16-05 v2.doc 2 . On April 4, 2005, the Planning Commission conducted a public hearing for this project. Staff received comment letters (Attachment 16) regarding the Initial Study and Mitigated Negative Declaration. In addition, citizens attending the Planning Commission hearing provided additional oral comments. The following is a summary of the written and oral comments provided to the Planning Commission: California Environmental Qualitv Act (CEQAl Issues . A Mitigated Negative Declaration is not appropriate for the project . There are analytical gaps in the Mitigated Negative Declaration (MND) . A Water Supply Assessment is required and has not been prepared . Mitigation Measures need to be more definite and certain . Lack of traffic impact analysis on Pio Pico . Lack of analysis concerning impacts to equestrian uses in the area . Noise sources, noise impacts, and noise mitigation is not adequately addressed . Lack of analysis concerning visual and aesthetic impacts . Mitigation is required for unavoidable losses of riparian habitat due to bridge construction (Phase II Dartolo Road access) . Additional Burrowing Owl studies will be required Traffic/Circulation Issues . . Increased traffic on DePortola will make it unsafe for equestrian uses . DePortola Road should not be four-lanes wide . Access from DePortola is not wanted by area residents, if required by City it should be gated for emergency access only . Access from Dartola should be in Phase I of the project . All of Pio Pico south of DePortola should be vacated . Emergency room should be relocated Noise Issues . Increased traffic will lead to increased noise levels . Helipad and helicopter use will create noise impacts and will frighten (spook) horses . Provide sound walls to mitigate traffic noise Aesthetics . The hospital towers are too tall and not consistent in the area; views will be lost . Windows will reflect too much light and create glare Hvdroloov and Groundwater . Due to increased runoff resulting from this project, a storm water plan should be prepared . Contamination from existing underground storage tanks may pose a threat to groundwater if the contamination plume moves. Once paved or built upon, this will be difficult to track. ,. R:\C U P\2004\04-0463 Temecula Regional HospitaI\PC 11-16-05\PC-STAFFREPORTII-16-05 v2.doc 3 The City Attorney acknowledged the receipt of these comments and recommended that a Focused Environmental Impact Report be prepared for this project. On April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in a Focused EIR for the hospital project. It was determined that the Focused EIR should evaluate impacts related to Traffic and Circulation Issues,' Noise, Aesthetics, and Hydrology and Groundwater. Staff met with the Applicant's consultant to confirm the scope of the EIR, and the City oversaw the preparation of the document. The Draft EIR (SCH # 2005031017 - the same number as originally given to the MND) was circulated for public agency review and comment from September 28, 2005 to October 28, 2005. The State Clearinghouse granted a shortened review period of 30 days instead of 45 days, because the City had previously circulated a Mitigated Negative Declaration for this project and the project scope had not changed. . PROJECT ANALYSIS 1. Focused EnvironmentallmDact ReDort Processing History: An Initial Study was prepared for this project, which concluded that, the approval and implementation of the proposed project might have a significant effect on the environment with respect to Aesthetics, Hydrology and Groundwater, Noise, and Transportation. A Notice of Preparation for this Focused EIR was issued on August 3, 2005, indicating that an EIR was being prepared and invited comments from public agencies and the general public. Comments were received from four agencies. Copies of these letters are included in Appendix A of the EIR. A Notice of Completion was prepared on September 26, 2005 and was forwarded to the State . Clearinghouse along with fifteen copies of the Draft EIR for distribution to Responsible and Trustee agencies for review and comment. The City requested a shortened, 30-day, review under CEQA, which was granted by the State Clearinghouse on September 26, 2005 because the City had previously circulated a Mitigated Negative Declaration for this project and the scope of the project had not changed. A Notice of Completion/Notice of Availability was posted in the Californian newspaper on September 28, 2005. The public review and comment period for the Draft EIR was from September 28, 2005 through October 28, 2005. At the time this report was prepared, four public comment letters had been received and four Agency comments were received. A summary of these letters is included at the end of this section of the staff report. Copies of the comment letters and responses to the comments are included in the Technical Appendices of the EIR. A Draft Focused Environmental Impact Report (EIR) was prepared for this project pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines to analyze the potential environmental impacts associated with the construction and long-term operation of the proposed Temecula Regional Hospital. The EIR conclusions are as follow: I Unavoidable Significant Impacts I Short-term, long-term, and cumulative air quality impacts Noise impacts associated with the maximum potential number of emergency helicopter flights I Cumulative traffic and circulation impacts . R:\C U P\2004\04-0463 Temecula Regional Hospital\PC 11-16-05\PC-ST AFFREPORTI 1-16-05 v2.doc 4 . . :. 1.....i....."P9ti!l1(ially;~i~rific~n!..lmp.~~.ts:~~~t:5.~h}'j~~I~ig~t.!d.~i:.;):C. I Aesthetics - Light and glare Noise - Operational impacts (mechanical yard, emergency generators, mechanical equipment room, rooftop equipment) I Transportation - Project impacts 'Impa~tS'.CCl.~.~.i'~~~El~...~~t.:F3rr~'~~:~El..~~~.~.,~n~B~.~~jif~:~~S~'1';.1 Aesthetics - Scenic highways and visual character or quality Air Quality - Construction odors and consistency with adopted plans and policies I Hydrology and water quality I Land use and planning Noise (construction, ground-borne vibration, traffic-related noise, sirens, loading dock activities, trash pick-up, landscape maintenance, future exterior/interior noise environment) .'Issues Deemed by the Initial Study to have'a Less than . ..... . ... .;,.SignifiCa?~jm.pactor No.li1Jp~~i: '.,.' ." ;....:,. ..' "d"" , I Agriculture resources I Biological resources I Cultural resources I Geology/soils I Hazards/fire safety I Mineral resources I Population and housing I Public services I Recreation I Utilities and service systems The EIR included discussions concerning environmental impacts and mitigation measures in the following impact areas; Aesthetics, Air Quality, Hydrology and Groundwater, Land Use and Planning, Noise, and Transportation. The EIR also discusses the Cumulative and Long-Term Effects of the project, and six Project Alternatives. These sections of the EIR are briefly summarized below. R:\C U P\2004\04-0463 Temecula Regional Hospital\PC II-16-05\PC-STAFFREPORTll-16-05 v2.doc 5 A. Transportation . The EIR indicates that the total average number of vehicle trips that will be generated by this project per day will be approximately 11,458 at project build-out. The proposed project includes 637 inbound/228 outbound trips during the A.M. peak hour and 334 inbound/595 outbound trips during the PM peak hours. Six alternatives have been proposed for this project. Three of these Alternatives generate the same number of vehicle trips, two Alternatives will generate less traffic, and one Alternative will generate more traffic. The transportation impacts associated with each of the Alternatives are summarized in the following Table: Project Alternative Traffic Analysis I Alternative 1: No Project - No Build Alternative 2: No Project - Development Pursuant to General Plan Alternative 3: Alternate Site - Corona Family Properties No additional vehicle trips Utilizing the Target Floor Area Ratio, vehicle trips are expected to be 33,000 - causing an increase of 21,542 ADr Total number of vehicle trips equal to proposed project (11,458) - some vehicle trips would be expected to utilize Butterfield Stage Road as alternate route Alternative 4: Access from Dartolo Road Total ADT same as for Project (11,458) . but will result in 550 fewer ADT on DePortola Road - creates delays at 79 S/Margarita and at Dartolo/Margarita Alternative 5: Access from OePortola Road and Dartolo Road Total AOT same as for Project (11,458) but will result in 1,140 more vehicle trips on OePortola Road (570 right turns in, 570 right turns out) - reduces vehicle trips on Margarita Road by 1 ,340 AOT Alternative 6: Construction of Hospital Total number of vehicle trips reduced by Only 2,890 due to absence of medical offices . Maximum Floor Area Ratio would result in greater impacts Per the Table above, in terms of the total number of Average Daily Trips (ADT), Alternatives 1 and 6 would generate less traffic, but do not meet the City's or the Applicant's objectives for the project, and are therefore not considered viable Alternatives. Alternatives 3 and 5 would create traffic impacts similar to the proposed Project. Alternative 4 would generate the same number of vehicle trips as the proposed Project, but impacts would be greater at the intersection of Oartolo and Margarita Roads due to the lack of adequate stacking distance between intersections. . R:\C U P\2004\Q4-0463 Temecula Regional Hospital\PC 11-16-05\PC-ST AFFREPORTI1-16-05 v2.doc 6 . . .. Alternative 2 would generate more traffic than the proposed project. Under the current proposal, a total Floor Area Ratio (FAR) of 0.36 is proposed, which translates to 566,160 square feet of combined hospitaVmedical office space. Under Alternative 2 (No Project), the site would ultimately be built out under current General Plan land use designations and zoning. Future buildings would be limited to two-stories in height, but the Target FAR is 0.5, which could allow the site to be built at up to 769,051 square feet of commercial and office uses, and have a greater trip generation impact than the proposed hospital. Furthermore, intensity bonuses exist under current conditions that could allow the site to build up to an FAR of 1.0, or more than 1,500,000 square feet of commercial/office space. In terms of traffic generation, the Hospital project as proposed, is superior to the No Project Alternative. With the proposed Hospital project, projected traffic volumes on DePortola Road have been a concern for neighboring residents because of the proposed driveway access to/from DePortola Road. The traffic study that was prepared for this project indicates that with or without a driveway access on DePortola Road, the LOS will be "0" or better. DePortola Road, which is a collector roadway, can easily handle the total projected volumes of 8,650 AOT of which only 1,700 ADT are related to the hospital. By eliminating the driveway on DePortola Road, less than one-third of the hospital trips would be removed from DePortola Road. Those diverted trips (approximately 550 fewer vehicle trips per day along OePortola Road) are insignificant. This results in approximately 50 fewer vehicle trips during the peak hours, or a saving of less than one vehicle trip per minute. Table 5-2 on page 5-13 of the Draft EIR shows that the resulting Level of Service (LOS) on DePortola Road with existing traffic, plus the Cumulative Projects, plus the proposed hospital project will be maintained at LOS "0". The total number of ADT will be 8,650. Up to 14,000 vehicle trips per day can be handled on the existing DePortola Road before exceeding LOS "D." As a result, project impacts on the LOS for DePortola Road are less than significant. Four mitigation measures are proposed to reduce traffic related impacts of this project and are as follows: T -1. Signalize the main project site access from Highway 79 South opposite Country Glen Way with the following configuration: Westbound: 1 right-turn lane 3 through lanes 1 left-turn lane Eastbound: 2 left-turn lanes 2 through lanes 1 shared through/right lane Northbound: 1 left-turn lane 1 shared through/right lane Southbound: 2 left-turn lanes 1 shared through/right lane (20 feet wide) T-2. The project applicant/permittee will pay Riverside County Transportation Uniform Mitigation Fees (TUMF) to mitigate cumulative impacts to. the Highway 79 South intersection at 1-15. R:\C U P\2004\04-0463 Temecula Regional Hospital\PC 11-16-05\PC~STAFFREPORTl1-16-05 v2.doc 7 T-3. The project applicant/permittee will contribute a fair share toward the provision of the following roadway improvements to address the project's contribution toward cumulative . impacts: Highway 79 South/l-15 Southbound Ramps: Additional southbound left-turn lane Highway 79 South/I-15 Northbound Ramps: Additional eastbound through lane, plus convert westbound right lane to free right turn Highway 79 South/La paz Road: Widen southbound movement to dual left turn lanes and one shared through/right lane Highway 79 South/Pechanga Parkway. Additional northbound left-turn lane, plus eastbound and northbound free right-turn lanes Highway 79 South/Project Driveway/Country Glen Way. Signalize and provide dual eastbound left-turn lanes and dual southbound left-turn lanes with a shared through/right-turn lane. Provide a dedicated right-turn lane for westbound approach. Highway 79 South/Redhawk Parkway/Margarita Road: Provide southbound and eastbound dual left and right-turn traffic signal overlaps. T-4. Improvements on the project site shall include a driveway onto De Portola Road developed to the specifications of the Public Works Director. B. Land Use and Planning . The proposed project, due to its proposed height, is not consistent with the existing General Plan Land Use Element. To make the project consistent with the General Plan, an Amendment to the Land Use Element is proposed. If approved, the General Plan Amendment will remove eight parcels from an existing Specific Plan Overlay District, which currently limits the height of buildings to two-stories. The proposed hospital bed-towers are five- and six-stories. All of the proposed uses for the project are permitted in the Professional Office Land Use designation, and are permitted or conditionally permitted in the Professional Office Zone. Therefore, there is no conflict with the underlying General Plan or Development Code related to use. In fact, Land Use Policy 1.8 supports the development of a hospital. Land Use policies 3.1 and 5.2 require that the proposed project incorporate suitable buffers to mitigate impacts on surrounding residential properties. The residential properties to the north will be buffered from the main hospital structures by approximately 210 feet of open space including a horse trail and jogging path, as well as 350 feet of open parking area. A landscaped area, approximately 228 feet deep is proposed immediately south of the jogging path and west of the parking area on the north side of the hospital. As a result of the site layout, staff can make the findings that this project is consistent with the General Plan. Impacts related to use are less than significant. The issue of height has been contested and continues to be an issue for surrounding property owners. A Project Alternative with a two-story hospital was evaluated but rejected because it would not have met either the City's or the Applicant's objectives for the project. A . key objective for the City is to facilitate the construction of a regional hospital facility designed R:\C U P\2004\04~0463 Temecula Regional HospitaJ\PC 11-16-05\PC-ST AFFREPORTI1-16-05 v2.doc 8 . I I I. . to be an operationally efficient, state-of-the-art facility that provides economic benefits. Further objectives include ensuring that any such hospital is compatible with the surrounding uses in terms of size and configuration of buildings, use of materials and landscaping, the location of access routes, noise impacts, traffic impacts, and other environmental conditions. Staff can make the findings to support the height of the proposed structures given the distances between the hospital structures and the nearest residentially zoned parcel. The buffers are adequate to protect residentially zoned properties and the project is consistent with existing and proposed Professional Office development along Highway 79 South and Margarita Road. As proposed and conditioned, the project is compatible with the existing built environment and the proposed development standards are not considered to have any significant impact. C. Aesthetics The project site is not located within the vicinity of a designated State scenic highway. According to the City of Temecula General Plan, the project site does not contain any scenic resources, is not known for its visual character, nor does the site contain scenic resources. The proposed project will be visible from residential parcels to the north, and the five- and six-story hospital bed-towers will partially obstruct views from nearby locations. However, the views of the local mountains are not protected by any City regulation or policy. The proposed changes in land use regulations for this project will result in a height standard for the site that is not allowed under current conditions. The proposed height of the bed- towers will impact the visual character of the site. However, the hospital bed-towers will be set back approximately 210 feet from the nearest residentially zoned parcel and approximately 630 feet from DePortola Road. The project site is currently vacant with no sources of light and glare. The proposed hospital bed-towers do have the potential to emit light and glare from the upper floors. Three mitigation measures are proposed to reduce the aesthetic impacts to a level of insignificance. The following three mitigation measures are proposed to reduce the project related impacts to a less than significant level: A-1. Prior to issuance of a building permit, City staff shall verify that a photometric plan has been submitted which details the proposed light levels for the entire project site onto adjacent project boundaries and vertical fugitive light, including means to mitigate. Corresponding criteria for helicopter/heliport uses and ambulance light use and operations shall also be prepared and include means to mitigate potential light impacts. A-2. All windows above the second floor of the hospital and/or medical office buildings shall consist of glazed windows and/or tinting (non-reflective glass/windows) to reduce the amount of glare emitted from the upper floors. A-3. The applicant/developer shall plant, irrigate as necessary, and replace as necessary mature trees (24-inch or greater) and shrubs (15-gallon or greater) around the perimeter of the project site. Enhanced landscaping may be required along the northern property line and adjacent to residential parcels. R:\C U P\2004\04-0463 Temecula Regional Hospital\PC 11-16-05\PC-STAFFREPORTll-16-05 v2.doc 9 D. Noise Utilizing the discussion of thresholds for noise identified in the EIR, the following is a . summary of the noise impacts for the Temecula Regional Hospital project. Construction noise impacts will be less than significant due to compliance with Section 8.32.020 of the Municipal Code, which limits the hours of grading activities. The proposed project will not generate excessive ground-borne vibration or ground-borne noise levels. Ground-borne vibration may be perceptible during the demolition, site clearing and grading phase of construction when this.activity occurs near property lines. This is not considered to be a significant impact due to the short duration of the activity. The application for a private helipad, if approved by the State, will allow up to six helicopter landings per month. Up to six flights per month may be considered by some residents near the hospital to be a significant impact and annoyance. The EIR has determined that this is an unavoidable significant impact that will require findings for a Statement of Overriding Consideration (see Environmental Determination Section for Statement of Overriding Consideration). Noise associated with the mechanical yard equipment may expose persons to noise levels in excess of the noise/land use compatibility standards established in the General Plan Noise Element. Therefore, these impacts are potentially significant and will require mitigation. Traffic noise, parking lot noise, and noise associated with site maintenance will be less than significant. . Eight mitigation measures are proposed to reduce the operational noise impacts, with the exception of helicopter noise, to a level of insignificance. The following eight mitigation measures are proposed to reduce the project related impacts to a less than significant level: N-1 Once the mechanical equipment (including emergency generators) is fully operational upon completion of project construction, the applicant/permittee shall conduct continuous, 24-hour noise monitoring for a period of one week. Such monitoring shall be conducted by a certified acoustical engineer. If the noise levels exceed land use/noise compatibility threshold levels set forth in the City of Temecula General Plan or other City-adopted criteria that may be in place at the time, the applicant/permittee shall implement measures to achieve the thresholds or other adopted criteria. Such measures may include, but not be limited to, noise attenuation barriers, equipment baffling, or other approaches deemed appropriate by a certified acoustical engineer. Once the mitigation has been implemented, the acoustical engineer shall file a report with the City documenting compliance. N-2 Helicopter flights shall be limited to emergency-only circumstances for critical patient transport. The applicant/permittee shall apply for a Special Use Helipad Permit for an Emergency Medical Services Landing Site, as provided for in the California Code of Regulations, Title 21, Section 3527, Airport and Heliport Definitions. This permit allows, over any 12-month period, for no more than an average of6 landings per month with a patient or patients on the helicopter, except to allow for adequate medical response to a mass casualty event, even if that response causes the site to be used beyond these limits. N-3 Helicopter pilots responding to calls for patient transport shall be informed of a . preferred approach and departure heading of 1350 southeast. R\C U P\2004\04-0463 Temecula Regional Hospital\PC 11-16 05\PC-STAFFREPORTl 1-16-05 v2.doc 10 . . . N-4 Truck deliveries to the hospital loading dock shall be limited to four per day, between the hours of 7:00 A.M. and 6:00 P.M. N-5 Mechanical ventilation shall be provided for all medical and office buildings on the site to ensure compliance with interior noise standards established in the General Plan. N-6 All demolition and construction activities shall be limited to the hours and other restrictions set forth in the City of Temecula Municipal Code. N-? All construction equipment shall be tuned and muffled to minimize noise. N-8 During demolition and construction operations, the applicanVpermittee shall stage all stationary equipment operations as far as possible and practical from surrounding residential properties. E. Air Quality The proposed Temecula Regional Hospital will result in significant air quality impacts during the project's construction and operational phases. During construction, compliance with the South Coast Air Quality Management District (SCAQMD) regulations will reduce Reactive Organic Gas (ROG) emissions to levels below SCAQMD thresholds. However, Oxides of Nitrogen (NO,) emissions from construction vehicle exhaust will exceed daily thresholds set by the SCAQMD, resulting in a significant, unavoidable short-term air quality impact, for which the City Council must adopt a Statement of Overriding Consideration to approve the project. The following seventeen mitigation measures are proposed to reduce the short-term and long-term air quality impacts: Pre-aradina AQ-1. The applicanVpermittee shall coordinate with the Riverside Transit Agency (RT A) for a final location, design, and type of staging area (or turn-out) appropriate for the project site. Written authorization and final approved design plans shall be submitted to the City of Temecula Planning Department. AQ-2. The applicanVpermittee shall incorporate and encourage Transportation Demand Management (TOM) techniques for reducing vehicle trips during construction, as well as during the daily operations of the hospital facility. TOM techniques shall include but not be limited to the following: encouraging car and vanpooling, and offering flex hours and/or flex schedules during the on-going operation of the facility. Written proof of such program shall be submitted to and approved by the Planning Director prior to the issuance of a grading permit for construction activities and prior to the issuance of a Certificate of Occupancy for the operation of the medical offices. AQ-3. The applicanVpermittee shall incorporate energy efficiency standards appropriate for medical facilities and professional office buildings, as defined by State of California regulations. AQ-4. The applicanVpermittee shall submit a final landscape plan for the project site incorporating native drought-resistant vegetation and mature trees (15 gallon, 24-inch box and 36-inch box). If more than 100 days elapses from the time grading is complete and R\C U P\2004\Q4-0463 Temecula Regional Hospital\PC 11-16-05\PC-ST AFFREPORTII-16-05 v2.doc II beginning of construction, the City of Temecula may require temporary landscaping to reduce the amount of dust and to prevent dust and erosion, with such temporary landscaping to be installed at the applicant/permittee's expense. . AQ-5. Prior to the issuance of a grading permit and during the duration of construction activities, the applicant/permittee shall verify in writing (to the Planning Department) that all earth-moving and large equipment are properly tuned and maintained to reduce emissions. In addition, alternative clean-fueled vehicles shall be used where feasible. Construction equipment should be selected and deployed considering the lowest emission factors and highest energy efficiency reasonably possible. AQ-6. Prior to the issuance of a grading permit, a watering program shall be submitted to the City of Temecula Public Works Department for approval. Said program shall include control of wind-blown dust on site and on adjacent access roadways. The City Public Works Director reserves the right to modify this requirement as necessary based upon the circumstances that present themselves during the project construction. AQ-7. The applicant/permittee shall prepare and submit a comprehensive Fugitive Dust Control Plan to the City of Temecula, including compliance with SCAQMD Rule 402 - Nuisance and Rule 403 - Fugitive Dust. The Fugitive Dust Control Plan shall include applicable best available control measures included in Table 1 and Table 2 of Rule 403 during grading and construction such as the following examples listed below: . Soil stabilization methods such as water and environmentally safe dust control materials shall be periodically applied to portions of the construction site inactive for over four days. Establish a vegetative ground cover within 21 days after active operations have ceased. . Apply chemical stabilizers within five working days of grading completion. Water all roads used for vehicular traffic at least twice per daily, at least once in the morning and at least once in the afternoon. Restrict vehicle speeds to 15 miles per hour. Apply water or chemical stabilizers to at least 80 percent of the surface area of open storage piles on a daily basis when there is evidence of wind driven fugitive dust or install temporary coverings. Cover haul vehicles prior to exiting the site. Direct construction traffic over established haul routes. . . . . . . . The Fugitive Dust Control Plan shall be reviewed and approved by the SCAQMD prior to the commencement of grading and excavation operations. Compliance with The Fugitive Dust Control Plan shall be subject to periodic site monitoring by the City Gradina and Construction AQ-8. During the course of the project grading and construction, the applicant/permittee shall post signs on the site limiting construction-related traffic and all general traffic to 15 miles per hour or less. AQ-9. The applicant/permittee shall establish construction equipment and supply staging areas located at least 500 feet from the nearest property line of a residentially improved parcel. AQ-1 O. The applicant/permittee shall properly maintain all waste-related enclosures and . R:\C U NQ04\04-0463 Temecula Regional Hospital\PC 11-16-05\PC-STAFFREPORTlI-16.05 v2.doc 12 . I I :e . facilities and comply with the state emission controls to ensure against project site related odors during construction and subsequent use. AQ-11.AII trucks exporting and/or importing fill to/from the project site shall use tarpaulins to fully cover the load in compliance with State Vehicle Code 23114. Material transported in trucks off site (to and/or from the site) shall comply with State Vehicle Code 23114, with special attention to Sections 23114(b) (2) (F), (b) (F), (e) (2) and (e) (4) as amended. Material transported on-site shall be sufficiently watered or secured to prevent fugitive dust emissions. Lower portions of the trucks, including the wheels, shall be sprayed with water, which shall be properly managed so as to prevent runoff, to reduce/eliminate soil from the trucks before they leave the construction area. AQ-12.During the course of the project grading and construction, the applicanVpermittee shall ensure the sweeping of adjacent streets and roads to prevent the placement or accumulation of dirt in the roadway. Sweeping of adjacent streets and roads shall be done as necessary, but not less than once per day, at the end of each day of grading and/or construction. AQ-13.During periods of high winds (i.e., wind speed sufficient to cause fugitive dust to impact adjacent properties, generally wind speeds exceeding 20 miles per hour, averaged over an hour), the applicanVpermittee shall curtail all clearing, grading, earth moving and excavation operations as directed by the City Engineer, to the degree necessary to prevent fugitive dust created by on-site activities and operations from being a nuisance or hazard, either off-site or on-site, or as determined by the City Engineer at his sole discretion. AQ-14. The applicanVpermittee shall use zero Volatile Organic Compounds (VOC) content architectural coatings during the construction and repainting of the project to the maximum extent feasible. This measure will reduce VOC (ROG) emissions by 95 percent over convention architectural coatings. The following websites provide lists of manufacturers of zero VOC content coatings: http://www .aqmd.gov/prdas/brochures/Super-ComplianCAIM.pdf http://www.delta~institute.org/publications/paints.pdf AQ-15.The project site shall be watered down no less than 3 times (not including the' morning and evening water down) during construction and/or grading activities to reduce dust. Ooerations AQ-16.AII refuse areas shall be completely enclosed and include a covered roof subject to the approval of the Planning Director. Refuse areas shall be maintained within an enclosed structure and covered at all times, except during pick-up times for off-site removal. AQ-17. The applicanVpermittee shall provide a clear path of travel for pedestrians, including directional signs to/from the public streets (De Portola Road and Highway 79 South) to promote alternative transportation. Once the hospital and other on-site facilities are in operation, the estimated long-term daily emissions of Carbon Monoxide (CO) and RaG will exceed the operational thresholds established by the SCAQMD. Even with the proposed Mitigation Measures, long-term air R\C U P\2004\04-0463 Temecula Regional Hospital\PC 11-16-05\PC-STAFFREPORTl1-16-05 v2.doc 13 quality impacts will be significant and unavoidable and, therefore, findings and a Statement of Overriding Consideration must me made for this impact as well (see Environmental . Determination Section for Statement of Overriding Consideration). F. Hydrology and Water Quality The California Water Resources Control Board requires all development projects to prepare a Storm Water and Pollution Prevention Plan (SWPPP) to mitigate water quality impacts during storm events that occur during construction. The project will be conditioned to prepare and comply with the SWPPP. In addition, the project is conditioned to prepare a Water Quality Management Plan (WQMP), outlining how the project will minimize water quality impacts during operation of the project. Compliance with these conditions will ensure a less than significant impact on storm water drainage and water quality. The Rancho California Water District (RCWD) has prepared a Water Supply Assessment (WSA) for this project, pursuant to California Water Code Sections 10910-10915. According to the results of the WSA, the RCWD Water Facilities Master Plan, and the RCWD Urban Water Management Plan, sufficient water siJpply exists to support the Temecula Regional Hospital project. Impacts related to water supply are less than significant. As a result, no Mitigation Measures are required or proposed for this project. G. Cumulative and Long-Term Effects Section 15130 of the CEQA Guidelines require that the Draft EIR discuss the cumulative impacts, growth-inducing impacts, and significant irreversible environmental changes resulting from the proposed Temecula Regional Hospital project and 21 related projects identified by the City and included in the Draft EIR. The following is a discussion of the . cumulative environmental impacts: Aesthetics. The primary concerns are the potential for artificial lighting sources to interfere with operations of the Mount Palomar Observatory. Standard Conditions of Approval are expected to require projects to conform to Ordinance No. 655 to reduce the impacts of "sky glow" to a level that is less than significant. Air Qualitv. Short-term and long-term air quality impacts of the project alone will be significant and unavoidable despite the mitigation proposed in Section 4.2 of the Draft EIR. As a result, the cumulative impacts will also be significant and unavoidable. Hvdroloov and Groundwater. Impacts related to runoff and siltation will be controlled on a project-by-project basis due to required adherence to the requirements of the National Pollution Discharge Elimination System, Storm Water Pollution Prevention Plans, and project specific Water Quality Management Plans. Continued implementation of these requirements will reduce cumulative impacts to a level that is less than significant. Potential cumulative impacts related to flooding will be minimized to a level that is less than significant through the design and implementation of the Riverside County Flood Control and Water Conservation District's Master Drainage Plan. Land Use and Plannina. The proposed project and cumulative growth will result in changes to existing land uses. However, the approval of these projects requires that the City and County analyze the projects for conformance with Land Use designations and Zoning, and both jurisdictions have determined that the uses are consistent with the General Plan and . R\C U P\2004\Q4-0463 Temecula Regional HospitaI\PC 11-16-05\PC-ST AFFREPORTll-16-05 v2.doc 14 . appropriate for the area. Therefore, cumulative land use and planning impacts are considered to be less than significant. Noise. As noted in Section 4.5 of the Draft EIR, the project's contribution to cumulative traffic noise will not be significant. Helicopter noise impacts have the potential to be significant and unavoidable. With regard to stationary noise sources, the City will continue to ensure that new buildings are constructed according to State acoustical standards. Furthermore, implementation of Land Use and Noise Element policies aimed at avoiding compatibility conflicts will reduce cumulative noise impacts to a less than significant level. TransDortation. The number of Average Daily Trips (ADT) projected for the proposed hospital and 21 other cumulative projects is approximately 160,500. Adverse impacts to the circulation network would occur if roadway improvements and trip reduction measures were not implemented. Mitigation Measures, discussed in Section 4.6 of the Draft EIR, identifies roadway improvements that will be pursued to alleviate the anticipated future traffic volumes. The City will also continue to require development to pay traffic impact fees to fund signalization, roadway widening, and other transportation improvements necessary to maintain acceptable levels of service at local intersections. As summarized in Section 4.6, the proposed project will not result in any cumulative impacts to intersections, but the following roadway links will continue to operate over capacity: . Highway 79 South west of Pechanga Parkway . Highway 79 South west of Margarita Road . Margarita Road from DePortola Road to Dartolo Road . Margarita Road from Dartolo Road to Highway 79 South . Cumulative impacts to these roadway links at project build-out will be significant and unavoidable. Some intersections near Interstate 15 will continue to experience LOS E and F conditions into the future. Cumulative impacts, as discussed in the General Plan EIR, will be significant and unavoidable. H. Growth-Inducing Impacts The CEQA Guidelines require the Draft EIR to discuss ''ways in which the project could foster economic or population growth . . . in the surrounding environment" including the project's potential to remove obstacles to population growth. The proposed project is located within an area of Temecula that is fully served by urban infrastructure and is considered an infill development site. Thus, the project does not have any components or features that could induce further growth. The proposed hospital project will provide new jobs and these new jobs could potentially induce support development in the surrounding area. The surrounding community is nearly built-out or entitled for residential uses, and surrounding land uses are zoned for commercial and professional office use. The proposed project, therefore, is not anticipated to induce population or job growth beyond that which is already planned for and anticipated by adopted land use policies. . Significant Irreversible Environmental Changes: Construction and day-to-day operation of the proposed hospital project will consume nonrenewable resources. Building materials (such as aggregate, sand, cement, steel and glass) and energy resources (gasoline, diesel fuel and electricity) will be irretrievable. R:\C U P\2004\04-0463 Temecula Regional Hospital\PC 11-16-05\PC-STAFFREPORTll-16-05 v2.doc 15 During the operational life span of the facility, employees and visitors will drive vehicles that will consume fossil fuels, however, these activities are not considered wasteful. Water will be consumed by the project, but the use of low-flow fixtures and other features will be applied to the project to reduce consumption. Considering the long life span of the project, the non- renewable resources consumed for this project are insignificant compared to the total annual resources used regionally. Therefore, no short-term or long-term significant adverse impacts on nonrenewable resources are expected to result from the project. . I. Project Alternatives The CEQA Guidelines require that a jurisdiction evaluate project alternatives capable of either eliminating any significant environmental effects of the proposed project or reducing them to a less than significant level while achieving most of the major project objectives. Alternative 1, No Project - No Build: This project alternative would leave the subject site vacant in perpetuity. This alternative would avoid the significant air quality impacts associated with the project and would not generate any additional traffic. No new noise sources would be created. Overall impacts associated with the No Project - No Build Alternative would be less than those resulting from the proposed project. While this alternative has fewer environmental impacts than the proposed project, it meets none of the project objectives identified by the City and the Applicant. As a result, staff does not support this alternative. Alternative 2, No Project: This project alternative would not permit the proposed hospital and eventual development would occur following the underlying Land Use and Zoning criteria. Development pursuant to the current General Plan and Zoning for the site could result in . potentially greater air quality and traffic impacts. Aesthetic impacts related to land use and planning (height) would be reduced compared to the proposed project, however, the total amount of constructed floor space could be greatly expanded under this scenario. Noise impacts associated with helicopter flights would be avoided. All other impacts would be comparable to those associated with the proposed hospital project. This alternative would not attain the City's objective to encourage future development of a regional hospital, or the Applicant's objective to provide high-quality health services to the residents of Temecula and the surrounding communities. As a result, staff does not support this alternative. Alternative 3, Alternate Site - Corona Family Properties: This alternative has the potential to result in adverse aesthetic, agricultural resource, land use compatibility and noise impacts. This alternative would also require that a portion of the site be annexed into the City of Temecula, which would delay the proposed timing for the project while annexation proceedings take place. Noise impacts of this alternative could be greater due to longer helicopter flights over residential neighborhoods. Biological resource impacts are uncertain, as site-specific surveys have not been performed. All other impacts are comparable to the proposed project. This alternative would meet the City's and the Applicant's objectives, but cumulative impacts with respect to aesthetic, agricultural resource, land use compatibility and noise impacts could be greater at this location. As a result, staff does not support this alternative. . Alternate 4 - Access from Dartoio Road (no DePortola Road access): This alternative is likely to result in greater traffic and biological resource impacts than the proposed Hospital project. Queues on Margarita Road would negatively impact traffic flow at the intersection of . Highway 79 South and Margarita Road and would increase the delay for traffic on Margarita R:\C U P\2004\04-0463 Temecula Regional Hospital\PC 11~16-05\PC-STAFFREPORTl1-16-05 v2.doc 16 !. , ,. I , . , , I. Road because there will be no access to/from DePortola. The possible removal of the signalized intersection at Dartolo Road and Margarita Road would help to improve the queuing condition, but would also result in the removal of left-turn movements at this intersection. To make the connection to Dartolo Road from the project site, a bridge would need to be constructed over an existing drainage course, which has the potential to create biological impacts on site. Also, the time required to obtain the necessary permits would create a substantial project delay. All other impacts are comparable to the proposed project. This alternative would meet the City's but not all of the Applicant's objectives, and the cumulative impacts with respect to traffic and biology for this alternative could be greater than those of the proposed hospital project. As a result, staff does not support this alternative. Alternate 5 - Access from DePortola Road and Dartolo Road: This alternative would not avoid the traffic impacts associated with the proposed Hospital project. The extension of Dartolo Road as part of Phase II would not substantially divert traffic from neither the proposed primary entrance on Highway 79 South nor the DePortola Road secondary entrance. Biological resource impacts (bridge across drainage channel to connect site to Dartolo Road) associated with this alternative would be greater than those of the proposed hospital project (bridge crossing in Phase II if Phase II constructed). This alternative would not eliminate significant adverse air quality or noise impacts associated with the construction and operation of the project. This alternative would meet the City's and the Applicant's objectives, but the cumulative impacts of this Alternative could be greater than those of the proposed hospital project. As a result, staff does not support this alternative. Alternate 6 - Construction of Hospital Only: Alternative 6 would result in reduced impacts relative to aesthetics, air quality, and transportation since there would be a reduction in the total footprint of the development. Therefore, the visual impact, trips generated by the project, and short-term and long-term air qU!!lity impacts would be less than those associated with the proposed hospital project. Noise impacts associated with the mechanical equipment could also be reduced, but noise related to the helicopter use would remain the same. This alternative meets the City's objectives to encourage future development of a regional hospital and related services, and ensure compatibility with surrounding uses. However, Alternative 6 fails to meet the City's objective to support development of biomedical, research, and office facilities to diversify Temecula's economic and employment base. Furthermore, Alternative 6 does not meet the Applicant's objective to provide a regional hospital facility that includes standard hospital services, outpatient care, rehabilitation, and medical offices since it would result only in construction of the hospital. This alternative has fewer environmental impacts associated with the proposed uses, however it fails to meet the City's and the Applicant's goals and objectives. As a result, staff does not support this alternative. Environmentally Superior Alternative: Section 15626.6(e)(2) of the CEQA Guidelines requires that an EIR identify the environmentally superior alternative. Based on the analysis contained in the Draft EIR, Alternative 6, Construction of Hospital Only, has been identified as the environmentally superior Alternative. J. Statement of Overriding Consideration Section 15093 of the CEQA Guidelines reguires the Lead Agency (City of Temecula) to adopt a Statement of Overriding Considerations (SOC) if the Lead Agency determines these R:\C U P\20Q4\04-0463 Temecula Regional Hospital\PC 11-16-05\PC-STAFFREPORTII-16-05 v2.doc 17 impacts are significant and the Lead Agency approves the project. Therefore, if the City of Temecula approves the proposed Temecula Regional Hospital Project, the City Council, after . certifying the Final EIR, must adopt an SOC for the following unavoidable significant impacts of the proposed project: . Short-term, long-term, and cumulative air quality impacts . Noise impacts associated with the maximum potential number of emergency helicopter flights . Cumulative traffic and circulation impacts Staff has determined that the EIR has identified and discussed significant effects that may occur as a result of .the Temecula Regional Hospital. With the implementation Qf the mitigation measures discussed in the EIR, these effects can be mitigated to a less than significant level except for the unavoidable significant impacts cited above. To the extent any mitigation measures recommended in the EIR could not be incorporated, such mitigation measures are infeasible because they would impose restrictions on the Temecula Regional Hospital that would prohibit the realization of specific economic, social, and other benefits, including the provision of employment opportunities for highly trained workers. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the City of Temecula. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Having reduced the adverse significant environmental effects of the Temecula Regional Hospital to the extent feasible by recommending adopting of the proposed mitigation measures, having considered the entire administrative record on the Temecula Regional . Hospital, and having weighed the benefits of the Temecula Regional Hospital against its unavoidable adverse impacts after mitigation, staff recommends that the Planning Commission recommend that the City Council determine that the following social, economic, and environmental benefits of the Temecula Regional Hospital outweigh the potential unavoidable adverse impacts and render those potential adverse environmental impacts acceptable based upon the following overriding considerations: 1. The proposed Temecula Regional Hospital will provide necessary medical services to the local community, including but not limited to emergency, acute, outpatient, and cancer medical care and physical rehabilitation services. 2. The proposed Temecula Regional Hospital will provide the region with new employment opportunities for highly trained medical and medical services workers. 3. The proposed Temecula Regional Hospital will support the diversification of Temecula's economic and employment base, including but not limited to biomedical, research, and office facilities. 4. The Temecula Regional Hospital will be centrally located, with access from a major roadway, to best serve the medical service needs of local residents and the region. Staff believes that the foregoing benefits provided to the public through approval of the Temecula Regional Hospital outweigh the identified significant adverse environmental impacts of the Temecula Regional Hospital that cannot be mitigated. Staff recommends that the Planning Commission finds and recommends that the City Council further finds that each . R:\C U P\2004\04--0463 Temecula Regional Hospital\PC I 1-16-05\PC-STAFFREPORTl 1-16-05 v2.doc 18 l. . . of the Temecula Regional Hospital benefits outweighs the unavoidable adverse environmental effects identified in the Final EIR and therefore finds those impacts to be acceptable. Each of the benefits listed above, standing alone, is sufficient justification for the City Council to override these unavoidable environmental impacts. K. EIR Comment Letters The following is a list of comment letters received on the Draft Focused EIR and a brief description of the issues discussed in each letter. The public review and comment period was from September 28, 2005 through October 28, 2005. The letters are grouped into two categories; letters received prior to the close of the public review and comment period, and letters received after the close of the public review and comment period. Copies of the comment letters and responses to the comment letters can be found in the Technical Appendix of the EIR. Letters received prior to October 28, 2005: a. The Riverside County Transportation Commission (RCTC) is concerned about the implementation of mitigation measures to alleviate traffic concerns along Highway 79 South and 1-15, and the potential for preemption of signals for emergency vehicle access. The RCTC is also concerned with traffic generated by the "draw" area for the services provided, and impacts due to evacuation plans. The RCTC has expressed concerns over parking, and the coordination with other development in the area (dated October 4, 2005 and received October 13, 2005). b. The California Department of Toxic Substance Control is concerned about the possibility of discovering contaminated soil on-site, and the possibility of uncovering contaminated soils during grading and excavation activities. Demolition of structures should also be investigated to determine if asbestos, lead-based paint, or mercury exists within the structures (dated October 14, 2005 and received October 20,2005). c. Pechanga Cultural Resources is concerned about the potential for the discovery of human remains and/or artifacts of cultural significance during grading and excavation activities. They are requesting additional mitigation measures and Conditions of Approval that will provide protection, proper disposition, and/or avoidance of any culturally significant finds on the subject property (dated October 24, 2005 and received via facsimile October 25, 2005). d. Riverside County Flood Control and Water Conservation District responded that they do not normally comment on projects within incorporated cities. However, there are District facilities adjacent to the project, and if any work is proposed within the District's right-of-way, an encroachment permit will be required. If the project connects to the District's Temecula Creek Line V Stage 2 Channel, impacts will need to be identified (dated October 26, 2005 and received via facsimile October 26, 2005). e. The law firm of Best Best & Krieger, LLP requested an extension of the public review period for the EIR on October 26, 2005 (received October 27, 2005). This request was denied. f. The law firm of Best Best & Krieger, LLP submitted a second letter on October 28, 2005 expressing the following concerns: A lack of analysis concerning traffic impacts to Pia Pica Road; there is no discussion of how noise impacts will be mitigated to less than significant levels; the noise study does not determine the number of anticipated R:\C U P\2004\04-0463 Temccula Regional Hospilal\PC 11-16-05\PC-ST AFFREPORTI J -16-05 v2.doc 19 helicopter flights to the hospital; adequate mitigation measures have not been prepared for aesthetic impacts; deferral of mitigation measures for aesthetic impact is illegal (dated October 28,2005, received via facsimile on October 28,2005). g. The law firm of Adams Broadwell Joseph & Cardozo submitted a letter, with testimony from expert witnesses, expressing the following concerns: the City violated CEQA's statutory public review period; The EIR fails to accurately describe the project; the EIR lacks sufficient detail to analyze the Project's impacts; the EIR fails to disclose or analyze all potentially significant impacts; the EIR fails to incorporate effective measures to mitigate environmental impacts to less than significant; Cumulative impacts are significant and unmitigated; the EIR must disclose all General Plan inconsistencies (Dated October 28, 2005, received via electronic mail October 28, 2005, received hard copy November 1, 2005). Letters received after October 28, 2005: h. Santiago Ranchos Property Owners Association is concerned that the height impacts of the project have not been demonstrated on-site, and request that balloons or some other object is placed to show the height of the of the proposed structures (dated October 31; 2005, received November 3, 2005). i. Trumark Companies is concerned over how the construction and operation of the hospital project will impact aesthetics, air quality, land use and planning, and noise in the vicinity of its proposed 112-unit senior residential development project adjacent to and east of the proposed hospital project (dated November 3, 2005, received November 7,2005). . 2. General Plan Amendment . The General Plan Amendment is a request to eliminate the subject properties from the Future Specific Plan Z overlay (previously shown as Future Specific Plan Z2 Overlay in the City's original General Plan Land Use Element). The description and objectives of the Future Specific Plan Z Overlay contains language that requires projects adjacent to single-family residents to be limited in height to one or two stories. In order to accommodate the hospital, it is necessary to remove the height restriction. Functionally, the hospital needs the two five- and six-story bed-towers. By removing the properties from this Overlay, the underlying General Plan Land Use designation of Professional Office will guide the development of these properties. The description of Professional Office in the General Plan is as follows: "Primarily single or multi-tenant offices, including legal, design, engineering, medical, corporate, government, and community facilities." The proposed hospital and associated medical offices are consistent with this General Plan designation. Further, the proposed hospital meets Goal 1 of the City's General Plan Land Use Element which states that the City wishes to have a "diverse and integrated mix of residential, commercial, industrial, recreational, public and open space land uses." Additionally, Policy 1.8 under the Land Use Element Goal 1 encourages '1uture development of a community hospital and related services, as well as a community college, major college or university." 3. Zone Change Planned Development Overlays (PDO) are mechanisms by which an applicant can create special standards for the development of their property (i.e. setbacks, landscape requirements, height . restrictions, etc.). The Temecula Hospital PDO-9 (Attachment 4) was filed to allow flexibility with R\C U P\2004\04-0463 Temecula Regional Hospital\PC 11-16-05\PC-STAFFREPORTl1-16-05 v2.doc 20 :. . :. respect to the height of the hospital. All other development standards for these properties will revert back to the Development Code standards contained in the Professional Office Zone. The Official Zoning Map for the City will also be amended to show the location and boundaries of the proposed PDO-9. 4. Conditional Use Permit The underlying PO zoning regulations require a conditional use permit for hospitals and helipads. The proposed hospital will be a full service facility operating 24-hours a day, seven days a week. Services provided at the hospital will include emergency treatment, outpatient surgical services, inpatient surgical services, acute care inpatient services, intensive and cardiac care services (ICU/CCU). In addition, comprehensive departments of radiology/imaging, cardiology, laboratory and other outpatient services will be provided. The project will not include a trauma center. The helipad is located on the north side of the hospital, on the eastern portion of the site. The applicant has stated that the helipad will be used to transport patients to other facilities requiring specialized treatment. The applicant expects there will be only one flight per month on average, but the permit to be obtained from the Caltrans Division of Aeronautics for a Special Use Helipad will permit up to six landings per month. As discussed on page 4-58 of the Draft Focused EIR, in the event of a mass casualty event, these limits will not apply. (Section 3527, Title 21, California Code of Regulations.) With the findings for a Statement of Overriding Consideration, EIR Mitigation Measures and Conditions of Approval, the CUP will be consistent with policies contained in the General Plan and compatible with the surrounding land uses. 5. Development Plan The Development Plan consists of a 408,160 square foot hospital, a helipad, two medical office buildings totaling 140,000 square feet, a 10,000 square foot cancer center and an 8,000 square foot fitness rehabilitation center all totaling approximately 566,160 square feet on 35.31 acres. The Development Plan will be constructed in five phases. Phase IA will consist of site grading, demolition of any remaining existing structures on site, construction of a three-story (60-foot high), 60,000 square foot medical office building, Highway 79 South access points and surface parking. Phase IA is expected to take 10 months to complete. Phase IB will consist of construction of the one-story main hospital building comprising approximately 162,650 square feet, a six-story (106-foot high) bed-tower comprising approximately 122,755 square feet, DePortola Road access point and additional surface parking. Phase IB is expected to take 14 months to complete. Phase II will expand the hospital to its ultimate, maximum 320-bed configuration with the addition of a five-story (83.5 foot high) bed-tower comprising approximately 122,755 square feet, and construct the access to Dartolo Road. Phase III will add a four-story (73-foot high), 80,000 square foot medical office building. Phase IV will add a one-story (27-foot high), 10,000 square foot cancer center and additional surface parking. Phase V will add a one-story (27-foot high), 8,000 square foot physical therapy and fitness center. Phases II through V are expected to be constructed concurrently and take approximately 12 months to complete. R:\C U P\2004\04-0463 Temecula Regional HospitaI\PC I 1-16-05\PC-ST AFFREPORTll-16~05 v2.doc 2\ t.ccess/Circulation . There are two primary access points, both of which are located along Highway 79 South. The primary access point along Highway 79 South aligns with Country Glen Way and will require the modification of the traffic signal to allow full turning movements (DP Condition No. 88a.) The other access point along Highway 79 South is located further west and will be a right-in, right-out only access point. A secondary driveway is located at the northeastern portion of the project site connecting to DePortola Road and will be designed to prohibit left turns from the project site (right- out only). The project site will also have internal access connecting with the Rancho Pueblo PDO to the west. The original project proposal did not include an access point to/from DePortola. Staff required the applicant to provide a secondary driveway access directly to DePortola. Staff believes that alternative access points are necessary due to the potential for unforeseen closures along Highway 79 South, which have historically and may again in the future close down Highway 79 South. Additional access points that are not located along Highway 79 South will allow the ingress and egress of emergency vehicles to remain highly functional at all times. This DePortola access point is a secondary driveway designed in a manner that will not permit left hand turns exiting the project site. This will require all traffic leaving the project site onto DePortola Road to travel east towards Margarita Road, away from the residential area. Staff has also included a Condition of Approval requiring a bridge over the floodway connecting the site to Dartolo Road on the eastern portion of the site (DP Condition No 138). The bridge will allow the future connection to Margarita Road. The access and circulation of the project will not adversely impact the adjacent roadways. The following improvements are required to be installed and operational prior to occupancy of any building in Phase I: Installation of traffic signal at Highway 79 South and Country Glen Way, . including a dedicated right turn lane along the westbound lanes and restriping of through lanes and turning lanes at this intersection; DePortola Road access point and roadway improvements; Highway 79 South and Redhawk Parkway (Margarita Road) southbound and eastbound right turn signal overlap; and improve Dona Lynora with half street improvements and restrict movements to right in/right out vehicular movements. Prior to the certificate of any occupancy for any building in Phase II, internal access from the project site shall be provided to Dartolo Road. Based on the Development Code parking regulations, the site is required to provide a minimum of 633 parking spaces and 1,278 spaces have been provided. The parking lot will be constructed in phases to coincide with the development of each building. The project is consistent with the parking standards as set forth in the Development Code for hospital and office facilities. Site DesionlArchitecture The hospital building will be constructed in two phases. The first phase will include the single- story main hospital building and six-story tower housing approximately 170 beds. The second phase includes the five-story tower housing the remaining 150 beds (320 beds total). The project proposes a Spanish style architectural design for all buildings. The building design features the use of earth-toned stucco, terra cotta tile roof, bronze tinted glass and Indian Red tile at the base. An octagon-roofed rotunda divides the hospital towers. The hospital, medical office buildings and the cancer center each include a porte-cochere covered entry. The site design and architecture, as conditioned, will comply with the Development Code and Design Guidelines. The project site is designed in a manner that complies with the development standards. The colors and . materials are consistent with the Spanish architectural style proposed by the applicant. Each R:\C U P\2004\04--0463 Temecula Regional Hospital\PC 11-16-05\PC-ST AFFREPORTI I -16-05 v2.doc 22 . . ;. building maintains the three components required for each building, including a tile base, stucco body and Spanish roof. The applicant added a band below the fourth story windows of the towers to break up the massing, which reduces the blank wall appearance. In addition, the abundance of windows on each building breaks up the amount of solid surface. A decorative rotunda between the towers adds interest from Highway 79 South and reduces the massing by providing a separate feature between the towers. The entry of the hospital, medical office buildings and cancer center all include a decorative covered canopy. The covered entry defines the primary entry for each building as a focal point. The applicant has also proposed a decorative boulder water feature at the main entrance of the hospital to further accentuate the entry. The hospital building is required to obtain building permits from the California Office of Statewide Health and Planning Development (OSHPOD) and is exempt from City structural review and building permits. The two medical office buildings and fitness rehabilitation center will be required to obtain building permits from the City of Temecula Building Department. As a result of OSHPOD's jurisdiction to review plans for this project, staff has tailored the timing thresholds for the Conditions of Approval of the hospital building only to coincide with OSHPOD submittal requirements. Buildina Heioht and Views The primary issues of concern with regard to building height and views, includes the two towers that are five- and six-stories. The applicant has stated that the design of the hospital is primarily based on internal functional relationships. The various uses and functions inside of the building must be located adjacent to other critical uses. This includes nurse stations, care rooms, treatment facilities, equipment as well as elevators, stairs and window placement. With the '10rm follows function" concept in mind, the design of the building is severely limited in what can be changed in regard to tower location, layout and movement (or relocation) of functioning areas. Staff understands the concerns of the residents located to the north of the hospital properties with respect to the height of the two hospital towers. However, given that the two towers must be this height to allow the hospital to maintain it's functionality, and given that the nearest hospital tower is set back approximately 210 feet from the nearest residentially zoned property and approximately 630 feet from DePortola Road, and that a 238-foot wide landscape zone is provided along the northern edge of the hospital property between the hospital and DePortola Road, staff believes that the visual impacts of the towers have been adequately mitigated. LandscaDino Perimeter landscaping will consist of a 25-foot wide bermed landscape planter along Highway 79 South, consisting of 24-inch box and 15-gallon California Pepper trees, Sycamores and assorted shrubs; DePortola Road and the remainder of the north property line consists of a minimum 40-foot wide landscape/equestrian trail buffer consisting of 24-inch box and 15-gallon Afghan Pines and Silk Trees; a 50-foot wide planter along the western property line of assorted street trees; and a minimum 20-foot wide landscape buffer consisting of an informal planting of natural turf and assorted trees along the eastern property line. The overall site will include 20% 36-inch box (approximately 176 trees), 30%.24-inch box, and 50% 15-gallon trees. The proposed landscape plan, as conditioned, will comply with the Development Code and Design Guidelines. The project is consistent with the 25% required landscape area (33% proposed). The applicant has proposed and/or is conditioned to provide landscape berms adjacent to public streets to screen the parking lots. Staff has included Conditions of Approval to further buffer the residential area from the project by requiring berms and mature evergreen trees such as Afghan Pines and R:\C U P\2004\04-0463 Temecula Regional Hospital\PC 11-16-05\PC-ST AFFREPORTlI-16-05 v2.doc 23 California Pepper trees between the project site and residential areas to the north (DP Condition No. m . 6. Tentative Parcel Map The Tentative Parcel Map is a request to consolidate eight parcels into one parcel. Included as part of the map is a request to abandon the southern portion of Pio Pico Road. The portion requested to be abandoned is not built at this time. The proposed parcel map is consistent with the City's Subdivision Ordinance. ENVIRONMENTAL DETERMINATION Staff originally prepared an Initial Environmental Study and recommended a Mitigated Negative Declaration for the proposed project. However, based on responses from agencies and property owners at Public Hearings held on April 6, 2005 and April 20, 2005, staff determined that an Environmental Impact Report would be required for this project. A Draft Focused Environmental Impact Report was prepared by P & D Consulting and submitted to the City on September 28, 2005. The City prepared a shortened CEQA review request that was authorized by the State Clearinghouse on September 26, 2005. As a result, the public review period for this project was from September 28, 2005 through October 28, 2005. The following impacts are identified in the Draft EIR as Unavoidable Significant Impacts: . Short-term, long-term, and cumulative air quality impacts . Noise impacts associated with the maximum potential number of emergency flights . Cumulative traffic and circulation impacts helicopter . The following have been identified in the Draft EIR as Potentially Significant Impacts that Can be miti9ated: . Aesthetics - Light and Glare . Noise - Operational Impacts . Transportation - Project Impacts Based on the followinQ mitiQations, staff recommends certification of the EIR for the project. IMPACT AREA MITIGATION Air Quality AQ-l. The applicanVpermittee shall coordinate with the Riverside Transit Agency (RT A) for a final location, design, and type of staging area (or turn-out) appropriate for the project site. Written authorization and final approved design plans shall be submitted to the City of Temecula Planning Department. AQ-2. The applicanVpermittee shall incorporate and encourage Transportation Demand Management (TDM) techniques for reducing vehicle trips during construction, as well as during the daily operations of the hospital facility. TOM techniques shall include but not be limited to the following: encouraging car and van pooling, and offering flex hours and/or flex schedules during the on-going operation of the facility. Written proof of such program shall be submitted to and approved by the Planning Director prior to the issuance of a grading permit for construction activities and prior to the issuance of a Certificate of Occupancy for the operation of the medical offices. . R:\C U NOO4\04-0463 Temecula Regional Hospital\PC 11-16-05\PC-STAFFREPORTl 1-16-05 v2.doc 24 . AQ-3. The applicant/permittee shall incorporate energy efficiency standards appropriate for medical facilities and professional office buildings, as defined by State of California regulations. AQ-4. The applicant/permittee shall submit a final landscape plan for the project site incorporating native drought-resistant vegetation and mature trees (15 gallon, 24-inch box and 36-inch box). If more than 100 days elapses from the time grading is complete and beginning of construction, the City of Temecula may require temporary landscaping to reduce the amount of dust and to prevent dust and erosion, with such temporary landscaping to be installed at the applicanilpermittee's expense. AQ-5. Prior to the issuance of a grading permit and during the duration of construction activities, the applicant/permittee shall verify in writing (to the Planning Department) that all earth-moving and large equipment are properly tuned and maintained to reduce emissions. In addition, alternative clean-fueled vehicles shall be used where feasible. Construction equipment should be selected and deployed considering the lowest emission factors and highest energy efficiency reasonably possible. AQ-6. Prior to the issuance of a grading permit, a watering program shall be submitted to the City of Temecula Public Works Department for approval. Said program shall include control of wind-blown dust on site and on adjacent access roadways. The City Public Works Director reserves the right to modify this requirement as necessary based upon the circumstances that present themselves during the project construction. AQ-7. The applicant/permittee shall prepare and submit a comprehensive Fugitive Dust Control Plan to the City of Temecula, including compliance with SCAQMD Rule 402 - Nuisance and Rule 403 - Fugitive Dust. The Fugitive Dust Control Plan shall include applicable best available control measures included in Table 1 and Table 2 of Rule 403 during grading and construction such as the following examples listed below: . . . Soil stabilization methods such as water and environmentally safe dust control materials shall be periodically applied to portions of the construction site inactive for over four days. Establish a vegetative ground cover within 21 days after active operations have ceased. Apply chemical stabilizers within five working days of grading completion. Water all roads used for vehicular traffic at least twice per daily, at least once in the morning and at least once in the afternoon. Restrict vehicle speeds to 15 miles per hour. Apply water or chemical stabilizers to at least 80 percent of the surface area of open storage piles on a daily basis when there is evidence of wind driven fugitive dust or install temporary coverings. Cover haul vehicles prior to exiting the site. Direct construction traffic over established haul routes. . . . . . . . The Fugitive Dust Control Plan shall be reviewed and approved by the SCAQMD prior to the commencement of grading and excavation ooerations. Comoliance with The Fuaitive Dust Control Plan shall be R:\C U NOO4\04-0463 Temecula Regional Hospital\PC 11-16-05\PC~ST AFFREPORTII-16-05 v2.doc 25 subject to periodic site monitoring by the City AQ-8. During the course of the project grading and construction, the . applicanVpermittee shall post signs on the site limiting construction-related traffic and all general traffic to 15 miles per hour or less. AQ-9. The applicanVpermittee shall establish construction equipment and supply staging areas located at least 500 feet from the nearest property line of a residentially improved parcel. AQ-l0. The applicanVpermittee shall properly maintain all waste-related enclosures and facilities and comply with the state emission controls to ensure against project site related odors during construction and subsequent use. AQ-ll. All trucks exporting and/or importing fill to/from the project site shall use tarpaulins to fully cover the load in compliance with State Vehicle Code 23114. Material transported in trucks off site (to and/or from the site) shall comply with State Vehicle Code 23114, with special attention to Sections 23114(b) (2) (F), (b) (F), (e) (2) and (e) (4) as amended. Material transported on-site shall be sufficiently watered or secured to prevent fugitive dust emissions. Lower portions of the trucks, including the wheels, shall be sprayed with water, which shall be properly managed so as to prevent runoff, to reduce/eliminate soil from the trucks before they leave the construction area. AQ-12. During the course of the project grading and construction, the applicanVpermittee shall ensure the sweeping of adjacent streets and roads to prevent the placement or accumulation of dirt in the roadway. Sweeping of adjacent streets and roads shall be done as necessary, but not less than once per . day, at the end of each day of grading and/or construction. AQ-13. During periods of high winds (I.e., wind speed sufficient to cause fugitive dust to impact adjacent properties, generally wind speeds exceeding 20 miles per hour, averaged over an hour), the applicanVpermittee shall curtail all clearing, grading, earth moving and excavation operations as directed by the City Engineer, to the degree necessary to prevent fugitive dust created by on-site activities and operations from being a nuisance or hazard, either off-site or on-site, or as determined by the City Engineer at his sole discretion. AQ-14. The applicanVpermittee shall use zero Volatile Organic Compounds (VOC) content architectural coatings during the construction and repainting of the project to the maximum extent feasible. This measure will reduce VOC (ROG) emissions by 95 percent over convention architectural coatings. The following websites provide lists of manufacturers of zero VOC content coatings: http://www.aqmd.gov/prdaslbrochures/Super-Compliant_AIM.pdf http://www.delta-institute.org/publications/paints. pdf AQ-15. The project site shall be watered down no less than 3 times (not including the morning and evening water down) during construction and/or grading activities to reduce dust. AQ-16. All refuse areas shall be completely enclosed and include a covered roof subject to the approval of the Planning Director. Refuse areas shall be maintained within an enclosed structure and covered at all times, except during . pick-up times for off-site removal. . R\C U N004\04-0463 Temecula Regional Hospital\PC 11 + 16--05\PC-ST AFFREPORTll-16-05 v2.doc 26 . I I I I I , . i. , Noise AQ-17. The applicant/permittee shall provide a clear path of travel for pedestrians, including directional signs tolfrom the public streets (De Portola Road and Hiohwa\!, 79 South) to promote alternative transportation. N-l Once the mechanical equipment (including emergency generators) is fully operational upon completion of project construction, the applicant/permittee shall conduct continuous, 24-hour noise monitoring for a period of one week. Such monitoring shall be conducted by a certified acoustical engineer. If the noise levels exceed land use/noise compatibility threshold levels set forth in the City of Temecuia General Plan or other City-adopted criteria that may be in place at the time, the applicant/permittee shall implement measures to achieve the thresholds or other adopted criteria. Such measures may include, but not be limited to, noise attenuation barriers, equipment baffling, or other approaches deemed appropriate by a certified acoustical engineer. Once the mitigation has been implemented, the acoustical engineer shall file a report with the City documenting compliance. N-2 Helicopter flights shall be limited to emergency-only circumstances for critical patient transport. The applicant/permittee shall apply for a Special Use Helipad Permit for an Emergency Medical Services Landing Site, as provided for in the California Code of Regulations, Title 21, Section 3527, Airport and Heliport Definitions. This permit allows, over any 12-month period, for no more than an average of 6 landings per month with a patient or patients on the helicopter, except to allow for adequate medical response to a mass casualty event, even if that response causes the site to be used beyond these limits. N-3 Helicopter pilots responding to calls for patient transport shall be informed of a preferred approach and departure heading of 1350 southeast. N-4 Truck deliveries to the hospital loading dock shall be limited to four per day, between the hours of 7:00 A.M. and 6:00 P.M. N-5 Mechanical ventilation shall be provided for all medical and office buildings on the'site to ensure compliance with interior noise standards established in the General Plan. N-6 All demolition and construction activities shall be limited to the hours and other restrictions set forth in the City of Temecula Municipal Code. N-7 All construction equipment shall be tuned and muffled to minimize noise. Transportation N-8 During demolition and construction operations, the applicant/permittee shall stage all stationary equipment operations as far as possible and practical from surroundina residential proDerties. T -1. Signalize the main project site access from Highway 79 South opposite Country Glen Way with the following configuration: Westbound: 1 right-turn lane 3 through lanes 1 left-turn lane Eastbound: 2 left-turn lanes 2 through lanes 1 shared through/right lane Northbound: 1 left-turn lane 1 shared throuoh/rioht lane R\C U P\2004\04-0463 Temecula Regional Hospital\PC 11-16-05\PC-ST AFFREPORTII-16-05 v2.doc 27 Southbound: 2 left-turn lanes 1 shared through/right lane (20 feet wide) T-2. The project applicanVpermittee will pay Riverside County Transportation Uniform Mitigation Fees (TUMF) to mitigate cumulative impacts to the Highway 79 South intersection at 1-15. . T-3. The project applicanVpermittee will contribute a fair share toward the provision of the following roadway improvements to address the project's contribution toward cumulative impacts: Highway 79 South/I-15 Southbound Ramps: Additional southbound left- turn lane Highway 79 South/l-15 Northbound Ramps: Additional eastbound through lane, plus convert westbound right lane to free right turn Highway 79 South/La Paz Road: Widen southbound movement to dual left turn lanes and one shared through/right lane Highway 79 South/Pechanga Parkway: Additional northbound left-turn lane, plus eastbound and northbound free right-turn lanes Highway 79 South/Project Driveway/Country Glen Way: Signalize and provide dual eastbound left-turn lanes and dual southbound left-turn lanes with a shared through/right-turn lane. Provide a dedicated right-turn lane . for westbound approach. Highway 79 South/Redhawk Parkway/Margarita Road: Provide southbound and eastbound dual left and right-turn traffic signal overlaps. Aesthetics T-4. Improvements on the project site shall include a driveway onto De Portola Road develooed to the soecifications of the Public Works Director. A-l. Prior to issuance of a building permit, City staff shall verify that a photometric plan has been submitted which details the proposed light levels for the entire project site onto adjacent project boundaries and vertical fugitive light, including means to mitigate. Corresponding criteria for helicopter/heliport uses and ambulance light use and operations shall also be prepared and include means to mitigate potential light impacts. A-2. All windows above the second floor of the hospital and/or medical office buildings shall consist of glazed windows and/or tinting (non-reflective glass/windows) to reduce the amount of glare emitted from the upper floors. A-3. The applicanVdeveloper shall plant, irrigate as necessary, and replace as necessary mature trees (24-inch or greater) and shrubs (15-gallon or greater) around the perimeter of the project site. Enhanced landscaping may be required along the northern property line and adjacent to residential parcels. . R\C U P\2004\04-0463 Temecula Regional Hospital\PC 11-16-05\PC-STAFFREPORTI }. 1 6-05 v2.doc 28 . . I I i. CONCLUSION/RECOMMENDATION Staff has reviewed the proposed project and has identified various issues of concern. In addition, an Environmental Impact Report has been prepared, which has identified potentially significant environmental impacts. Staff has included Conditions of Approval and has prepared a Mitigation Monitoring Program that addresses these concerns and reduces the potentially significant environmental impacts to a less than significant level. Planning Staff recommends that the Planning Commission recommend that the City Council certify the EIR and Mitigation Monitoring Program and approve Planning Application Nos. PA04-0462, PA05-0302, PA04-0463, and PA04-0571 based upon the findings and the attached Conditions of Approval. The proposed project provides a multitude of benefits and services that are needed within the community. The project is considered an economic benefit because the City will now have a regional health care facility that will attract additional medical services, medical offices and related uses and facilities. In addition, quality health care is a desired element that is sought after by companies looking to establish and/or relocate to the City of Temecula. FINDINGS 1. Statement of Overriding Consideration The following significant environmental impacts have been identified in the EIR and will require mitigation as set forth in the EIR but cannot be mitigated to a level of less than significant: short-term and long-term project and cumulative air quality impacts, noise impacts associated with the potential number of emergency helicopter flights, and cumulative traffic and circulation impacts. a. All significant environmental impacts of the Temecula Regional Hospital's construction and operation have been identified in the EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of less than significant, except for those impacts cited above. b. Other reasonable alternatives to the Temecula Regional Hospital that could feasibly achieve the basic objectives of the Temecula Regional Hospital have been considered and rejected in favor of the Temecula Regional Hospital. c. 3. Environmental, economic, social and other considerations and benefits derived from the development of the Temecula Regional Hospital override and make infeasible any alternatives to the Temecula Regional Hospital or further mitigation measures beyond those incorporated into the Temecula Regional Hospital. 2. General Plan Amendment a. The proposed amendment is consistent with the direction, goals and policies of the adopted General Plan. The proposed hospital meets Goal 1 of the City's General Plan Land Use Element which states that the City wishes to have a "diverse and integrated mix of residential, commercial, industrial, recreational, public and open space land uses." Additionally, Policy 1.8 under the Land Use Element Goal 1 encourages '1uture development of a community hospital and related services, as well as a community college, major college or university." R:\C U P\2004\04-0463 Temecula Regional Hospital\PC 11 16-05\PC-ST AFFREPORTll-16-05 v2.doc 29 b. The proposed amendment will not have a significant impact on the character of the surrounding area due to site design and extensive landscape screening. . 3. Zone Change a. The proposed Zone is consistent with the land use designation of the General Plan of the City of Temecula in which the use is located, as shown on the Land Use Map. The proposed zone change is consistent with the related General Plan Amendment, the site is physically suitable for the type of uses that will occur in this area, and the proposed zone change would further the City's long-term economic development goals. b. The proposed change of zone conforms to the General Plan and the use is in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed change of zone allows for a use that will provide the diversity of uses desired in the General Plan and will create a balanced community with additional public services available to the community. 4. Conditional Use Permit (Code Section 17.040.010E) a. The proposed conditional use is consistent with the General Plan and the Development Code; the proposal, a request for a 320-bed hospital facility and a helipad, is consistent with the goals and policies contained in the General Plan and land use standards in the Development Code. The goals and policies in the Land Use Element of the General Plan encourage "a complete and integrated mix of residential, commercial, industrial, public and open space land uses; (Goal 1)" "a City . of diversified development character where rural and historical areas are protected and co-exist with newer urban development; (Goal 2)" and "a City which is compatible and coordinated regional land use patterns (Goal 8)." The proposed project provides a regional use that needed in the community and surrounding region. There is currently a lack of medical treatment facilities in the community capable of providing adequate medical care for the general population. The proposed project integrates public medical facilities necessary for the demand of the current and future population. The project is situated adjacent to residential uses and a State highway. The project has been designed to mitigate various potentially significant impacts via an EIR, Mitigation Monitoring Program, and Conditions of Approval in which circulation, noise, light and glare, biological impacts and air quality has been reviewed and conditioned so the project can co-exist with the surrounding rural residential area. The project, a hospital facility, is consistent with the purpose and intent of the Professional Office (PO) designation, which allows low and mid-rise structures that provide uses such as community facilities. In addition, the project is consistent with the development standards of the Development Code and associated Planned Development Overlay (PDO-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The site is therefore properly planned and zoned and found to be physically suitable for the type of the proposed use. The project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). b. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings, and structures and as designed and conditioned the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. An Initial Study and an EIR was prepared, which identified . . R:\C U P\2004\04-Q463 Temecula Regional Hospital\PC t 1-16-05\PC-STAFFREPORTll-16-05 v2.doc 30 I I . .. i , , ". c. potentially significant environmental impacts and a mitigation monitoring program was adopted that mitigates potentially significant impacts such as traffic, air quality, noise, light and glare, and biology to a less than significant level. For example, access points have been designed to reduce the amount of traffic leaving the project site towards residential areas by eliminating left turn options and focusing the primary access points along the State highway. Additional landscaping and berming are included in the Conditions of Approval to screen the height and reduce noise. The tallest buildings were relocated closer to the State highway, away from the residential area to reduce the appearance of the height; this will also reduce the noise from the ~ emergency room area. Sound blankets are required during initial grading and construction activities to mitigate construction noise. There are conditions in place' requiring helicopters arriving and leaving the project site to utilize commercial and the State highway corridor rather than residential areas. Emergency vehiCles are required to turn off sirens no less than 14 mile from the project site. The project is a conditionally permitted use as has been designed and conditioned (including mitigation measures) in manner that will reduce any potentially significant impacts to the surrounding neighborhood. The building and the site are designed to respect the surrounding area and uses and therefore will not adversely affect the adjacent uses, buildings or structures. 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 this Development Code and required by the Planning Commission, or City Council in order to integrate the use with other uses in the neighborhood. The conditional use is a request for a 320- bed hospital and helipad on a 35.31-acre site. The project has been reviewed and it is determined that the project is in compliance with the development standards of the Development Code and associated Planned Development Overlay (PDO-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The project also provides amenities such as a multi-use trail between the project site and the adjacent residences to the north, which will extend a future trail to be constructed in the near future. The site is adequate in size and shape to accommodate the proposed hospital facilities without affecting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed Conditional Use Permit is for a 320- bed hospital and a helipad. The nature of this use, as conditioned is not detrimental to the health, safety and general welfare of the community because the proposed project is providing a service that is needed in the community and region and it has been designed to minimize any adverse impacts, including health, safety and general welfare to the surrounding community. The proposed project will actually contribute to the long-term viability and longevity of the community by providing additional medical care facilities. In addition, prior to the issuance of any building permits, the California Office of Statewide Health and Planning Development (OSHPOD) and/or the City of Temecula Building Department and Fire Department will review the construction plans for compliance with applicable building and fire codes. d. R:\C U P\2004\04-0463 Temecula Regional Hospital\PC 11.16~05\pc.ST AFFREPORTlI-16-05 v2.doc 31 e. The heliport is consistent with the requirements described in subsection 2 and 3 of Section 17.10.020.P City of Temecula Development Code. The proposed helipad . facility is consistent with the requirements described in Section 17.10.020.P of the City of Temecula Development Code, including setbacks from parks, school and residentially zoned parcels. 6. 5. Development Plan (Code Section 17.05.010F) a. The proposed use is in conformance with the General Plan for the City of Temecula and with all the applicable requirements of State law and other ordinances of the City. The proposed use is in conformance with the goals and policies in the General Plan for the City of Temecula, the Development Code and with all applicable requirements of State law and other ordinances of the City of Temecula because the project has been reviewed and as designed and conditioned, it has been determined that the project is consistent with all applicable zoning ordinances, State law and the General Plan. b. The overall development of the land is designed for the protection of the public, health, safety and general welfare. The overall development of the land has been designed for the protection of the public health, safety, and general welfare, because the project has been designed to minimize any adverse impacts upon the surrounding neighborhood and the project has been reviewed and conditioned to comply with the uniform building and fire codes. Tentative ParcelfTract Map (Code Section 16.09.1400 a. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, Subdivision Ordinance, General Plan, and the City of Temecula Municipal Code because the proposed subdivision map, is consistent with the development standards within the Development Code, Subdivision Ordinance and related General Plan Amendment; . b. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract; c. The site is physically suitable for the uses and proposed density as shown on the tentative map as proposed by the Applicant; d. The design of the proposed subdivision and the proposed improvements, with appropriate Conditions of Approval, is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There are no known fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or habitat off-site. In addition, an EIR and a Mitigation Monitoring Program has been prepared and is recommended for certification by the City Council prior to action on the Application; e. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; f. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; . R:\C U P\2004\04-0463 Temecula Regional Hospital\PC 11.16-05\PC-ST AFFREPORTl1-16.05 v2.doc 32 .1. " i . '. e. The heliport is consistent with the requirements described in subsection 2 and 3 of Section 17.10.020.P City of Temecula Development Code. The proposed helipad facility is consistent with the requirements described in Section 17.10.020.P of the City of Temecula Development Code, including setbacks from parks, school and residentially zoned parcels. 5. Development Plan (Code Section 17.05.010F) a. The proposed use is in conformance with the General Plan for the City of Temecula and with all the applicable requirements of State law and other ordinances of the City. The proposed use is in conformance with the goals and policies in the General Plan for the City of Temecula, the Development Code and with all applicable requirements of State law and other ordinances of the City of Temecula because the project has been reviewed and as designed and conditioned, it has been determined that the project is consistent with all applicable zoning ordinances, State law and the General Plan. b. The overall development of the land is designed for the protection of the public, health, safety and general welfare. The overall development of the land has been designed for the protection of the public health, safety, and general welfare, because the project has been designed to minimize any adverse impacts upon the surrounding neighborhood and the project has been reviewed and conditioned to comply with the uniform building and fire codes. Tentative Parcel/Tract Map (Code Section 16.09.1400 a. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, Subdivision Ordinance, General Plan, and the City of Temecula Municipal Code because the proposed subdivision map is consistent with the development standards within the Development Code, Subdivision Ordinance and related General Plan Amendment; b. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract; c. The site is physically suitable for the uses and proposed density as shown on the tentative map as proposed by the Applicant; d. The design of the proposed subdivision and the proposed improvements, with appropriate Conditions of Approval, is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There are no known fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or habitat off-site. In addition, an EIR and a Mitigation Monitoring Program has been prepared and is recommended for certification by the City Council prior to action on the Application; e. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; f. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; 6. R\C U P\2004\04-0463 Temecula Regional HospitaI\PC 11-16-05\PC~ST AFFREPORTll-16-05 v2.doc 33 g. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property . within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided; The subdivision is a commercial/office project and is not subject to Quimby fees. h. ATTACHMENTS 1. Plan Reductions - Blue Page 35 2. PC Resolution No. 05-_ (Draft Focused Environmental Impact Report) - Blue Page 36 Exhibit A - City Council Resolution 05-_ 3. PC Resolution No. 05- _ (General Plan Amendment) - Blue Page 37 Exhibit A- City Council Resolution 05-_ 4. PC Resolution No. 05 _ (Zone Change) - Blue Page 38 Exhibit A - City Council Ordinance No. 05-_ 5. PC Resolution No. 05-_ (Conditional Use Permit/Development Plan) - Blue Page 39 Exhibit A - City Council Resolution 05-_ 6. PC Resolution No. 05-_ (Tentative Parcel Map) - Blue Page 40 Exhibit A - City Council Resolution 05-_ . 7. Response to Comment Letters received on Draft EIR - Blue Page 41 8. Comment Letters Received - Blue Page 42 9. Draft Focused Environmental Impact Report - Blue Page 43 10. Authorization of Shortened Public Review of Draft EIR - Blue Page 44 11. Notice of Completion/Notice of Availability of a Draft EIR - Blue Page 45 12. Notice of Preparation of a Draft Environmental Impact Report - Blue Page 46 13. Initial Study for Draft EIR - Blue Page 47 . R\C U P\2004\04-0463 TeD;lecula Regional Hospital\PC 11-16-05\PC-STAFFREPORTII-16-05 v2.doc 34 i. . i. 14. Planning Commission Minutes, April 20, 2005 - Blue Page 48 15. Planning Commission Agenda Packet, April 20, 2005 - Blue Page 49 16. 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'" o 1;; e: o n '" Ul W" we: o :510 oil; Ulijj J:: 5 z ~ w ~ '" c '" () en en '" c - u:: , ~ 15 it m F E m E m o m o m <D m F \ a Ii E ~ m '" m Ii: o ~ c: o 15 il; W J:: t:: o Z e: o ii il; w U; '" W ~-::lI [jj -0- ~ '" - . C I c3 ! I ~ ~ C <tl () ~ 8 ~ 1 '" j; () '3 (;j :J: ~ ~ '" ~ ~ :J (;j C o '6> '" a: <tl '5 (J '" E {Eo m ~ .. o .. ., o m E '" . . . .0 ATTACHMENT NO.2 PC RESOLUTION NO. 05-_ (DRAFT FOCUSED ENVIRONMENTAL IMPACT REPORT) R:\C U P\2004\Q4-0463 Temecula Regional Hospital\PC 11-16-05\PC-STAFFREPORT11-16-05 v2.doc 37 . . '. PC RESOLUTION NO. 05-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA, CALIFORNIA, RECOMMENDING THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL FOCUSED ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TEMECULA REGIONAL HOSPITAL AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE TEMECULA REGIONAL HOSPITAL PROJECT, LOCATED APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD," AND KNOWN AS ASSESSOR'S PARCEL NOS. 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0462, PA05-0302, PA04- 0463, PA04-0571 THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY FIND, DETERMINE AND DECLARE THAT: Section 1. Recitals and Procedural Findings. The Planning Commission hereby finds and determines that: A. This Resolution constitutes the Statement of Findings of Fact Pursuant to CEQA Guideline Section 15091 for the Temecula Hospital Project described herein. B. The Temecula Regional Hospital Project and related actions ("Project"), initiated and prepared on behalf of the City of Temecula consists of the development of a 35.31-acre planned Regional Medical Center in the City of Temecula. The Project site is located adjacent to and north of State Highway 79 South in the City of Temecula, California, in southwest Riverside County, south of the City of Los Angeles and north of the City of San Diego; from the 1-15, access to the Project site is provided by Highway 79 South; the proposed Project includes a General Plan Amendment (PA04-0462) to remove the project area from the Future Specific Plan "Z" Overlay District from the Land Use Element of the General Plan which will permit new construction to exceed two- stories in height; a Zone Change (PA05-0302) from PO (Professional Office) and PDO- 8 (De Portola Road Planned Development Overlay District - 8) to PDO-9 (Planned Development Overlay District-9) and to create height standards which would allow a maximum building height of 115 feet; a Conditional Use Permit (PA04-0463) for the Hospital facility and private helipad; a Development Plan (PA04-0463) to permit the construction of a 408,160 square foot, 320-bed hospital, a helipad, two medical office buildings totaling 140,000 square feet, a 10,000 square foot cancer center and an 8,000 square foot fitness rehabilitation center all totaling 566,160 square feet; and a Tentative Parcel Map (PA04-0571) to consolidate eight (8) lots into one (1) parcel on 35.31 acres, also known as Assessor's Parcel Nos. 959-080-001 through 959-080-004 and 959-080- . 007 through 959-080-010. C. UHS of Delaware Inc., filed Planning Application Nos. PA04-0462, General Plan Amendment; PA 05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463 Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 70 feet west of Margarita Road, known as Assessors Parcel No(s). 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"). D. The Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act; and, E. The Planning Commission considered the Project on April 6, 2005, 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. F. The Planning Commission, based on testimony presented by the general public, determined that a Focused Environmental Impact Report would be required for . this Project. G. On April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Focused Environmental Impact Report for the Project. H. Pursuant to the California Environmental Quality Act ("CEQA"), the City is the lead agency for the Project as the public agency with both general governmental powers and the principle responsibility for implementing the Project; I. Notice of Preparation of a Draft Focused Environmental Impact Report ("Draft FEIR") was issued on August 3, 2005, inviting comments from responsible agencies, other regulatory agencies, organizations and individuals pursuant to State CEQA Guidelines section 15082. J. Written statements were received by the City in response to the Notice of Preparation, which assisted the City in narrowing the issues and alternatives for analysis in the Draft FEIR. K. Draft EIR was prepared by the City pursuant to State CEQA Guidelines section 15168 to analyze potential adverse environmental impacts of the Project implementation pursuant to CEQA. . I. ~. '. L. On September 26, 2005 the State Office of Planning and Research approved a 30 day public review period for the Temecula Regional Hospital ErR (SCH#2005030017) for this Project determining that such a review period is consistent with the criteria set forth in the written guidelines of the Office of Planning and Research for shortened reviews, and Section 21091 of the Public Resources Code. M. Therefore, upon completion of the Draft FEIR dated September 26, 2005, the City initiated a 30-day public comment period by filing a Notice of Completion with the State Office of Planning and Research on September 26, 2005. N. The City also published a Notice of Availability for the Draft FEIR in a newspaper of general circulation within the City. Copies of the Draft EIR were sent to public agencies, organizations, and individuals. In addition, the City placed copies of the Draft EIR in public libraries in Riverside County and made copies available for review at City offices. O. Before, during and after the official public review period for the Draft EIR, the City received seven (7) written comments, all of which were responded to by the City. Those comments and the responses are included as part of the Final Environmental Impact Report/Response to Comments document (Final EIR). P. Pursuant to Public Resources Code Section 21092.5, the City provided its responses to all commentors on and before November 22, 2005, including those received after the end of the public review period. Responses to public agency commentators were provided on or before November 12, 2005. Q. On April 6, 2005, April 20, 2005 and November 16, 2005, the Planning Commission of the City of Temecula held duly noticed public hearings on the Project and the Draft FEIR at which time all persons interested had the opportunity to present oral and written evidence on the Project and the Draft FEIR. R. Section 15091 of the State CEQA Guidelines prevents the City from approving or carrying out a project for which an EIR has been completed that identifies any significant environmental effects unless the City makes one or more of the following written finding(s) for each of those significant effects 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, 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. T. Section 15093 of the State CEOA Guidelines requires that if the 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. 3. . U. Environmental impacts identified in the Final EIR which the City Council finds are less than significant and do not require mitigation are described in Section 3 of the proposed City Council Resolution. V. Environmental impacts identified in the Final EIR as potentially significant, but which the City Council finds can be mitigated to a less than significant level through the imposition of mitigation measures and/or conditions identified in the Final EIR and set forth herein are described in Section 4 of the proposed City Council resolution. W. Environmental impacts identified in the Final EIR as potentially significant but which the Planning Commission finds cannot be fully mitigated to a less than significant level despite the imposition of all feasible mitigation measures described in Section 5 of the proposed City Council resolution. . X. Alternatives to the Project. that might eliminate or reduce significant environmental impacts are described in Section 6 of the proposed City Council resolution. Y. A discussion of the 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 Section 7 of the proposed City Council resolution.. 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 assure compliance with the adopted mitigation measures; and, Z. Prior to taking action, the Planning Corn mission has heard, been presented with, reviewed and considered all of the information and data in the adrninistrative record, and all oral and written testimony presented to it during meetings and hearings. In making the recommendation to the the City Council as set forth in this resolution, findings contained herein and in the proposed City Council Resolution reflects the independent judgment of the Planning Commission and is deemed adequate for purposes of rnaking decisions on the merits of the Project and related actions. No comments or any additional information submitted to the City have produced any substantial new information requiring circulation or additional . environmental review of the Draft FEIR under CEOA require additional public review because no new significant environmental impacts were identified, no substantial ; . increase in the severity of any environmental impacts would occur. , . . Section 2. Recommendation to the City Council. The Planning Commission of the City of Temecula, California, hereby recommends that the City Council for the City of Temecula adopt a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL FOCUSED ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TEMECULA REGIONAL HOSPITAL AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE TEMECULA REGIONAL HOSPITAL PROJECT, LOCATED APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, AND KNOWN AS ASSESSOR'S PARCEL NOS. 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080- 010 (PA04-0462, PA05-0302, PA04-0463, PA04-0571)" certifying the Final Environmental Impact Report, adopt the Statement of Overriding Considerations, approve the Mitigation Monitoring and Reporting Program, and approve the Draft City Council Resolution for certification of the above, substantially in the form contained in Exhibits A, attached to this Resolution and incorporated herein as though set forth in full. PASSED, APPROVED AND ADOPTION by the City of Temecula Planning Commission this 16th day of November, 2005. David Mathewson, Chairman ATTEST: Debbie Ubnoske Secretary {SEAL} STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 05-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16th day of November, 2005, by the following vote: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING .COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSTAIN: Debbie Ubnoske, Secretary . . . . . EXHIBIT A CC RESOLUTION 05-_ (DRAFT FOCUSED ENVIRONMENTAL REPORT) . i. . I . RESOLUTION NO. 05 -_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL FOCUSED ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TEMECULA REGIONAL HOSPITAL AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE TEMECULA REGIONAL HOSPITAL PROJECT, LOCATED APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD," AND KNOWN AS ASSESSOR'S PARCEL NOS. 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0462, PA05-0302, PA04- 0463, P A04-0571) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY FIND, DETERMINE AND DECLARE THAT: Section 1. Procedural Findings. The City Council hereby finds and determines that: A. This Resolution constitutes the Statement of Findings of Fact Pursuant to CEOA Guideline Section 15091 for the Temecula Hospital Project described herein. B. The Temecula Regional Hospital Project and related actions ("Project"), initiated and prepared on behalf of the City of Temecula consists of the development of a 35.31-acre planned Regional Medical Center in the City of Temecula. The Project site is located adjacent to and north of State Highway 79 South in the City of Temecula, California, in southwest Riverside County, south of the City of Los Angeles and north of the City of San Diego; from the 1-15, access to the Project site is provided by Highway 79 South; the proposed Project includes a General Plan Amendment (PA04- 0462) to remove the Project area from the Future Specific Plan "Z" Overlay District from the Land Use Element of the General Plan which will permit new construction to exceed two-stories in height; a Zone Change (PA05-0302) from PO (Professional Office) and PDO-8 (De Portola Road Planned Development Overlay District - 8) to PDO-9 (Planned Development Overlay District-9) and to create height standards which would allow a maximum building height of 115 feet; a Conditional Use Permit (PA04-0463) for the hospital facility and private helipad; a Development Plan (PA04-0463) to permit the construction of a 408,160 square foot, 320-bed hospital, a helipad, two medical office buildings totaling 140,000 square feet, a 10,000 square foot cancer center and an 8,000 square foot fitness rehabilitation center all totaling 566,160 square feet; and a Tentative Parcel Map (PA04-0571) to consolidate eight (8) lots into one (1) parcel on 35.31 acres, also known as Assessor's Parcel Nos. 959-080-001 through 959-080-004 and 959-080- 007 through 959-080-010. C. Universal Health Services of Rancho Springs, Inc., filed Planning . Application Nos. PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463 Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessors Parcel No(s). 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"). D. The Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California . Environmental Quality Act; and, E. The Planning Commission considered the Project on April 6, 2005, 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. F. The Planning Commission, based on testimony presented by the general public, determined that a Focused Environmental Impact Report would be required for this Project. G. On April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Focused . Environmental Impact Report for the Project. H. Pursuant to the California Environmental Quality Act ("CEQA"), the City is the lead agency for the Project as the public agency with both general governmental powers and the principle responsibility for implementing the Project; I. Notice of Preparation of a Draft Focused Environmental Impact Report ("Draft FEIR") was issued on August 3,2005, inviting comments from responsible agencies, other regulatory agencies, organizations and individuals pursuant to State CEQA Guidelines Section 15082. J. Written statements were received by the City in response to the Notice of Preparation, which assisted the City in narrowing the issues and alternatives for analysis in the Draft FEIR. K. Draft EIR was prepared by the City pursuant to State CEQA Guidelines Section 15168 to analyze potential adverse environmental impacts of the Project implementation pursuant to CEQA. L. On September 26, 2005 the State Office of Planning and Research approved a 30 day public review period for the Temecula Regional Hospital EIR (SCH#2005030017) for this Project determining that such a review period is consistent with the criteria set forth in the written guidelines of the Office of Planning and Research . for shortened reviews, and Section 21091 of the Public Resources Code. . . :. , M. Therefore, upon completion of the Draft FEIR dated September 26, 2005, the City initiated a 30-day public comment period by filing a Notice of Completion with the State Office of Planning and Research on September 26, 2005. N. The City also published a Notice of Availability for the Draft FEIR in a newspaper of general circulation within the City. Copies of the Draft EIR were sent to public agencies, organizations, and individuals. In addition, the City placed copies of the Draft EIR in public libraries in Riverside County and made copies available for review at City offices. O. Before, during and after the official public review period for the Draft EIR, the City received seven (7) written comments, all of which were responded to by the City. Those comments and the responses are included as part of the Final Environmental Impact Report/Response to Comments document (Final EIR). P. Pursuant to Public Resources Code Section 21092.5, the City provided its responses to all commentators on and before November 22, 2005, including those received after the end of the public review period. Responses to public agency commentators were provided on or before November 12, 2005. O. On April 6, 2005, April 20, 2005 and November 16, 2005, the Planning Commission of the City of Temecula held duly noticed public hearings on the Project and the Draft FEIR at which time all persons interested had the opportunity to present oral and written evidence on the Project and the Draft FEIA. A. On November 22, 2005, the City Council of the City of Temecula held duly noticed public hearings on the Project and the Draft FEIR at which time all persons interested had the opportunity to present oral and written evidence on the Project and the Draft FEIA. S. Section 15091 of the State CEOA Guidelines prevents the City from approving or carrying out a Project for which an EIR has been completed that identifies any significant environmental effects unless the City makes one or more of the following written finding(s) for each of those significant effects 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. T. Section 15093 of the State CEQA Guidelines requires that if the 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. U. Environmental impacts identified in the Final EIR which the City Council finds are less than significant and do not require mitigation are described in Section 3 hereof. V. Environmental impacts identified in the Final EIR as potentially significant, but which the City Council finds can be mitigated to a less than significant level through the imposition of mitigation measures and/or conditions identified in the Final EIR and set forth herein are described in Section 4 hereof. W. Environmental impacts identified in the Final EIR as potentially significant but which the City Council finds cannot be fully mitigated to a less than significant level despite the imposition of all feasible mitigation measures described in . Section 5 hereof. X. Alternatives to the Project that might eliminate or reduce significant environmental impacts are described in Section 6. Y. A discussion of the 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 Section 6 hereof. Z. 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 assure compliance with the adopted mitigation measures; and, AA. Prior to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data in the administrative record including the Final EIR, and all oral and written testimony presented to it during meetings and hearings. The Final EIR reflects the independent judgment of the City Council and is deemed adequate for purposes of making decisions on the merits of the Project and related actions. No comments or any additional information submitted to the City have produced any substantial new information requiring circulation or additional environmental review of the Final EIR under CEQA, nor do the minor modifications to the Final EIR require additional public review because no new significant environmental . . I. I I I ! :. I impacts were identified, no substantial increase in the severity of any environmental impacts would occur. Section 2. Findings Concerning Impacts Identified in the Initial Study as Having Less Than Significant Impact on the Environment. The City Council hereby finds and determines that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, the environmental impacts associated with the Temecula Regional Hospital will have a less than significant impact through the Initial Study: A. Aaricultural Resources The Project site is not currently in agricultural production. In the recent past (at least 15 to 20 years), the site has not been used for agricultural purposes. The Project site was historically used for agricultural uses as noted in the Historical/Archaeological Resources Survey Report prepared by CRM Tech, September 17, 2004. During the mid-1800s, the Project site was cultivated as an agricultural field. However, the Project site has not been utilized for agricultural purposes for many years and is not considered a valuable agricultural resource. The site is not under a Williamson Act contract nor is it zoned for agricultural uses. This property is not considered prime or unique farmland of statewide or local importance, as identified by the State Department of Conservation and the City of Temecula General Plan. In addition, the Project will not involve changes in the existing environment which would result in the conversion of farmland to non-agricultural uses. No impact is anticipated as a result of the proposed Project. (Initial Study, p. 5) The proposed Project could, because of its regional significance, cause other agricultural farmland to be converted to a non-agricultural use. There are some remaining agricultural uses in the City's sphere of influence (Corona Ranch) and surrounding areas that could be converted to uses other than agricultural; however, the conversion of these lands to uses other than agricultural is not considered a result of the proposed Project. The region of southwest Riverside County and northern portions of San Diego County have experienced a rapid period of growth that precluded the proposed Project. Therefore, the growth of the surrounding area is a result of external economic forces rather than the proposed Project. A less than significant impact is anticipated as a result of the proposed Project. (Initial Study, p. 5) B. Bioloqical Resources A habitat assessment study was prepared for the Project site (Habitat Assessment, AMEC Earth & Environmental, Inc., September 14, 2004). The study identified a man-made flood control channel that parallels the eastern boundary of the Project site, which contains riparian vegetation such as willows and Fremont Cottonwoods. Wetland vegetation, including cattails and bulrushes has also been identified within the man made channel. The habitat within the channel is likely to be jurisdictional under the U.S. Army Corps of Engineers definitions. The Project applicant will be required, as a condition of approval, to construct a vehicular access bridge across this channel connecting to Dartolo Road, which may require Section 404 permits, subject to the Clean Water Act and U.S. Army Corps of Engineers and potentially clearances from the U.S Fish & Game and U.S. Fish and Wildlife Service. The presence of the flood channel may also require the approval of Riverside County Flood Control. The study (AMEC Earth & Environmental, Inc. September 2004) concludes that a bridge with supports outside the channel will avoid any streambed . alteration, placement of fill into the channel, and the encroachment into jurisdictional areas. However, impacts to the riparian vegetation cannot be completely avoided. In order to mitigate impacts to the habitat, a qualified biological monitor is required to be present during the pre-construction site preparation of the bridge. In addition, if activity within the channel (or for preparation for the construction of the bridge) is to occur between April 15 and July 15 of any year, focused surveys following standard protocols shall be provided to determine the presence/absence for the Least Bell's Vireo (Vireo bellii pusillus) and the Southwestern Willow Flycatcher (Empidonax traillii extimus). In the event either of these endangered birds is found, the construction of the bridge (schedules) and associated activities shall be modified to avoid impacts and allow the birds to complete their reproductive cycles. A less than significant impact is anticipated as a result of the Project with mitigation measures. The Project site is void of any natural riparian forests, coastal sage scrub, and nursery sites. The Project is not within a natural conservation plan or other local regional or state conservation plan, including area identified under the Multi-Species Habitat Conservation Plan (MSHCP). The Project site has been grubbed and disturbed for many years in order to comply with the City's weed abatement ordinance (Ord. 8.16). There are some grasses on the Project site; however, they are not considered sensitive habitat, nor is the site a part of a wildlife corridor. No mature trees are present on the Project site. The proposed Project is not located within a criteria cell of the MSHCP. The Project site . is not included in special survey areas for amphibians, mammals, or narrow endemic plants, as stated the study by AMEC (September 14, 2004). However, the MSHCP guidelines recommended that a habitat assessment plan be prepared to assess the Burrowing Owl. A Burrowing Owl survey was conducted by AMEC and the results reported in a report dated August 9, 2005. The survey did not identify the presence of Burrowing Owls on the subject property. The following Mitigation Measures will be required in the event that an extension of Dartolo Road across the flood control channel occurs: Due of the type of habitat created by the channel and pursuant to the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), focused surveys would need to be conducted to determine the presence/absence of the Least Bell's Vireo and the Southwestern Willow Flycatcher. If either of these endangered birds is found, bridge construction schedules and activities would have to be modified to avoid impacts to the birds' reproductive cycle.1 Both the Least Bell's Vireo and the Southwestern Willow Flycatcher are federally and state-listed endangered species and protected under the MSHCP. (DEIR, p. 5-14) 1 AMEC Earth & Environmental. Inc. Temecula Hospital Site Habitat Assessment. September 14, 2004. . :. . . C. Cultural Resource A Phase I survey (Historical/Archaeological Resource Survey Report, Temecula Hospital Project, CRM Tech, September 17, 2004) has been prepared for the proposed Project. The survey did not identify any historical resources, as defined in CEQA Guidelines Section 15064.5 on the Project site. No impact on historical resources is anticipated as a result of the proposed Project. The Phase I survey did not identify the Project site as a potential site for historical resources, including human remains. Historically, the site has been used for agricultural production, which involved substantial and repeated soil disturbance. The archaeology survey (CRM Tech, 2004) recognizes the fact that the surrounding area is known to contain historical and archaeological resources. Given the known sensitive resources discovered within close proximity of the Project site, conditions of approval are required. The Project site is also a potential site for paleontological resources, and conditions of approval are required. The City will apply standard conditions of approval to the Project to address monitoring during grading operations. The following Conditions of Approval have been required of the proposed Project and shall be imposed as enforceable conditions under the entitlements issued for the Project: 1. Prior to the issuance of a grading permit, the applicant must enter into a written pre-excavation agreement with the Pechanga Band of Luiseno Indians that addresses the treatment and disposition of all cultural resources, human resources, and human remains discovered on-site. 2. The landowner agrees to relinquish ownership of all cultural resources, including archaeological artifacts found on the Project site, to the Pechanga Band of Luiseno Indians for proper treatment and disposition to the extent authorized by law. 3. The applicant shall provide on-site professional archaeological and paleontological monitoring during all phases of earthmoving activities at the applicant's sole cost. 4. If culturally significant sites are discovered during ground disturbing activities, they shall be avoided and preserved consistent with this condition and the pre-excavation agreement referenced in Condition A above. 5. The applicant shall comply with all recommendations in the Historical/Archaeological Resource Paleontological Resources Assessment Report prepared by CRM Tech, dated September 17, 2004 and September 16, 2004, respectively, except as modified by Project Conditions of Approval. 6. Monitoring by a professional qualified paleontological, archaeological, and Pechanga Tribe monitor is required during all ground disturbing activities. The monitor(s) shall each have the authority to temporarily halt and/or divert grading equipment to allow for removal of abundant or large specimens. The monitor shall remove samples of sediments, which are likely to contain . remains of fossil invertebrates and vertebrates. 7. Collected samples of sediment shall be washed to recover small invertebrates and vertebrate fossils. Recovered specimens should be prepared so they can be identified and permanently preseNed. 8. All specimens shall be identified, curated, and placed into a repository with permanent retrievable storage unless the pre-excavation agreement requires alternative treatment. 9. A report of findings, including an itemized inventory of recovered specimens, should be prepared upon completion of the steps outlined above. The report should include a discussion of the significance of all recovered specimens. The report and inventory, when submitted to the Lead Agency (City of Temecula), would signify completion of the program to mitigate impacts to the palentologic and archaeological resources. 10. If any vertebrate remains are discovered during grading, a paleontologist and the city of Temecula shall be notified immediately. In the event any Pleistocene-age or older sediments/resources are discovered, a program shall be prepared with recommended mitigations to avoid impact to the resources unearthed. (Initial Study, pgs. 14 and 15) D. Geoloav/Soils A Geotechnical Investigation has been prepared for the proposed Project "Geotechnical Exploration Report, Temecula Hospital Temecula, CA," PSI, Inc., May 14, 2004). The Project is located 1.6 miles from the Temecula segment of the Lake Elsinore Fault. The proposed Project will not be subject to fault rupture since there is not a fault located within the boundaries of the Project site. The Lake Elsinore Fault is classified as an active fault and has the potential to produce large magnitude earthquakes (PSI Inc., May 14, 2004). The Project has the potential to be exposed to severe shaking in the event of a major earthquake on this or other nearby faults. The site, in its current condition, includes subsurface strata that could experience excessive total and differential settlements under a combination of structural loads and seismically inducted soil liquefaction. Due to the presence of loose surficial soils, the study prepared by PSI, Inc., May 14, 2004, recommends over-excavation and recompaction for support of building slabs and pavements. Native soils may represent a negligible corrosive environment with respect to concrete and a moderately corrosive environment with respect to buried metals. The Project site has a moderate risk for liquefaction and/or seismic settlement. Unless they are structurally supported, floor slabs should be designed to accommodate approximately 3-1/2 inches of settlement due to soil liquefaction and seismically induced consolidation of soil above the groundwater. The following Conditions of Approval have been required as a part of the proposed Project to reduce impacts to a level that is less than significant, and will be established as enforceable conditions on the entitlements: . . . 1 . The applicant shall comply with all the recommendations within the Geotechnical Exploration Report prepared by PSI Inc., dated May 14, 2004 and as stated below without deviation. a. All existing pavements, utilities, vegetation, and other deleterious materials should be removed from areas proposed for construction. Stripping operations should extend a minimum of 10 feet beyond the proposed building limits, where practical. b. Existing near-surface soils shall be removed and replace as properly compacted fill. The depth of over-excavation should extend at least 12 inches below existing grade for slabs-on-grade and pavements, or 24 inches below existing grade if mat foundations are constructed. The exposed subgrade below the removal depth should be saturated, and densified using a heavy vibratory drum roller. The removed soils should be moisture conditioned to slightly above optimum moisture content and compacted to at least 90 percent relative compaction (based on ASTM Test Method 0157) until design finish grades are reached. This earthwork should extend at least four feet beyond building limits, wherever practical. c. . The first layer of fill material should be placed in a relatively uniform horizontal lift and be adequately keyed into the stripped and scarified (to at least 12 inches) subgrade soils. Fill materials, including import soils should be free of organic or other deleterious materials, have a maximum particle size of 3 inches or less and should possess an expansion index of less than 20 (UBC 18-2). Most of the on-site sols appear to be reusable as structural fill. During the course of grading operation, oversized material (particles greater than 3 inches) may be generated. These materials should not be placed within the compacted fill. d. Fill should be placed in maximum loose lifts of 8 inches and should be moisture conditioned to slightly above the optimum moisture content and be compacted to at least 90 percent of the maximum density. If water must be added, it should be uniformly applied and thoroughly mixed into the soil by disking or scarifying. Each lift of compacted-engineered fill should be tested by a representative of the geotechnical engineer prior to placement of subsequent lifts. The edges of compacted fill should ex1end 10 feet beyond the edges of buildings prior to sloping. e. ;. Non-structural fill adjacent to structural fill should be placed in unison to provide lateral support. Backfill along building walls must be placed and compacted with care to ensure excessive unbalanced lateral pressure do not develop. The type of fill material placed adjacent to below grade walls must be properly tested by the geotechnical engineer with consideration for the lateral earth . pressure used in the wall design. f. In pavement areas, the upper 12 inches of finish subgrade should be removed/scarified; moisture conditioned to slightly above optimum moisture and compacted to at least 95 percent relative compaction based on Test Method 01557. The upper 12-inch densification should be performed immediately prior to the placement of base material and not during the initial grading operation. g. As mentioned in the study by PSI, Inc., May 14, 2004, alluvial deposits underlie the site. As such, it is anticipated that shallow to moderate excavations can generally be achieved with conventional earthmoving equipment. h. All grading operations should be performed in accordance with the requirements of the Uniform Building Code (1997 edition), PSI's Standard Guidelines for Grading Projects (Appendix E), and City of Temecula standards. The Project will not result in substantial soil erosion or the loss of topsoil. The Project site is relatively flat and will be developed in accordance with City standards, including National Pollution Discharge Elimination System (NPDES) standards, which require the . implementation of erosion control and best management practices (BMP's). The Final Environmental Impact Report for the City of Temecula General Plan does not identify any known landslides or mudslides located on the site or proximate to the site. Less than significant impacts are anticipated as a result of this Project. According to the geotechnical study prepared by PSI Inc., May 14, 2004, the Project is not located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), and, thus, will not create substantial risks to life or property. The geotechnical exploration prepared by PSI Inc., dated May 14, 2004 also identifies the soils on the Project site as "very low expansion potential," as defined in the Uniform Building Code (UBC) Table No. 18-1-B. The Project is required to comply with the recommendations in the investigation report prepared by PSI Inc., dated May 14, 2004. The Project will not utilize septic tanks. A public sewer system is available; approvals from the Department of Environmental Health and/or Eastern Municipal Water District for solid wastes and waste water will be required prior to issuance of a building permit. The Project will be required to connect to the public sewer system. No impacts are anticipated as a result of this Project as the current sewer system and waste treatment facilities are adequate to process the anticipated flow from the proposed facility. (Initial Study, pgs. 16, 17, and 18) E. Hazards and Hazardous Materials The Project could potentially create a significant hazard to the public or the environment through the routine . i. , :. :. I transportation, use, or disposal of hazardous materials. The Project consists of medical uses and will include the storage, use, and transportation of hazardous materials. The Project is located within one-quarter mile of an existing elementary school. However, the proposed Project is not anticipated to result in hazardous emissions materials or wastes that would create a significant impact. As a standard condition of approval, the applicant is required to submit to the City an approved hazardous materials storage and transportation plan (Hazardous Materials Management Plan), subject to the approval of the Riverside County Community Health Agency, Department of Environmental Health. A less than significant impact is anticipated as a result of the Project. The Project site is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and therefore would not result in a significant hazard to the public or the environment. No impact is anticipated as a result of the proposed Project. (Initial Study, pgs. 19 and 20) The Project is not located within the French Valley Airport Comprehensive Land Use Plan (CLUP). There are no other airports located near the Project. The Project is not within the vicinity of an existing private airstrip and would not result in a safety hazard for people residing or working in the Project area. The Project does include a private helipad that will be used for emergency uses and the transportation of patients to other facilities. As a condition of approval, the flight path will be limited to commercial or highway areas to the extent practical and safe. A less than significant impact is anticipated as a result of the proposed Project. The Project is not located in an area and is not a portion of an emergency response or evacuation plan. Therefore, the Project would not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. The Project, which is a regional hospital facility, will actually assist in local treatment for the injured, especially in the event of an emergency. No impact is anticipated as a result of the Project. The Project is not located in or near a wildland area that would be subject to fire hazards. The location of the Project would not expose people or structures to a significant risk or loss, injury or death involving wildland fires. No impact is anticipated as a result of this Project. The following standard Conditions of Approval have been required of the Project and will be established as an enforceable condition on the entitlements: 1. Prior to the issuance of a building permit, the Applicant shall submit a hazardous materials storage and transportation plan (Hazardous Materials Management Plan) that verifies that the handling, storage and transportation of hazardous materials will comply with county, state, and/or federal regulations. (Initial Study, pgs. 19 and 20) F. Mineral Resources The Project is not located in an area that is known to include minerals that are considered of value to the region and/or the state. . The Project will not result in the loss of a locally important mineral resource because the Project site is not identified as an important site known to maintain such resources as shown in the Final EIR for the City of Temecula General Plan. No impact is anticipated as a result of the Project. (Initial Study, p.25) G. PODulation and Housina. The Project is a regional facility that will add additional medical services to the region. As a result, the Project could potentially cause additional growth in the surrounding area. However, the southwest Riverside County region has experienced a rapid rate of growth (residential and commercial) since the mid-1980s without any such regional medical facility. The surrounding community is nearly built out with residential dwellings. The Project, therefore, is not anticipated to induce substantial population beyond the residential growth that has . already occurred over the last 10 to 20 years. A less than significant impact is anticipated as a result of the Project. The Project will not induce substantial growth in the area either directly or indirectly. The Project includes a hospital, medical offices, cancer center, and a fitness rehabilitation center; residential uses are not proposed. The Project site is vacant and will not displace substantial numbers of people or remove/replace existing housing. The Project will neither displace housing nor people, necessitating the construction of replacement housing. No impacts are anticipated as a result of this Project. (Initial Study, p. 30) . H. Public Services The Project will have a less than significant impact upon, or not result in a need for new or altered fire, police, recreation, or other public facilities. The Project will provide additional public services available to the community and general public. The Project will also provide better emergency medical response and allow for better transport of medical emergencies. The Project will contribute fair-share contributions through City Development Impact Fees to be used to provide public facilities and infrastructure. The Project will not have an impact upon nor result in a need for new or altered school facilities. The Project will not cause significant numbers of people to relocate within or to the City. The Project will have a less than significant impact upon the need for new or altered public facilities. The Rancho California Water District and the Riverside Department of Environmental Health have been made aware of this Project. A condition of approval has been placed on this Project that will require the applicant to obtain 'Will Serve" letters from all of the public utilities agencies. Service is currently provided for the surrounding residential and commercial development, so extending service to this site is possible, which would result in less than significant impacts as a result of the Project. The Project may require improvements to public facilities such as sewer line connections. Eastern Municipal Water District (EMWD) has provided some conceptual analysis concerning sewer flows from the hospital, and the total flow is estimated to be . approximately 94,100 gallons per day. Based on the estimated discharge volume, the . . I i. hospital would not be required or conditioned to install additional sewer capacity, assuming that all hospital flow is discharged to the existing 24" vitrified clay pipe (VCP) sewer in Route 79 South and no hospital flow is discharged to the existing 15" VCP sewer in Margarita Road. As a condition of service, the applicant is responsible for payments of EMWD's sewer connection fees and water supply development fee. Impact is less than significant. (Initial Study, p.31) I. Recreation The Project is a hospital and medical office Project in a professional office zone. The Project will not displace recreationally zoned lands or remove vacant lands that are used for recreational purposes. The anticipated need to c increase the neighborhood or regional parks or other recreational facilities as a result of this Project is not anticipated. No impacts are anticipated as a result of this Project. The Project does not include an open space or recreational aspect. Furthermore, the Project will not require the construction or expansion of additional recreational facilities. No impacts are anticipated as a result of the Project. (Initial Study, p. 32) J. Utilities and Service Svstems The Project will not exceed wastewater treatment requirements, require the construction of new treatment facilities, nor affect the capacity of treatment providers. The Project will have an incremental effect upon existing systems. The Project may require improvements to public facilities such as sewer line connections. The applicant is required to consult with the sewer purveyor, EMWD, to determine what, if any, improvements are required. As a condition of approval, the applicant is required to submit a letter from EMWD indicating that current facilities are in place, or a letter stating what improvements are necessary to provide service to the proposed Project. Less than significant impacts are anticipated as a result of this Project because the wastewater and treatment systems are already designed to handle this quantity of wastewater. The Project will require on-site storm drains to be constructed. The Project may require various state and federal permits. The Project will include the construction of underground storm drains and drainage swales in various locations within the Project site. No off-site storm drains or expansion of existing facilities will be required as a result of this Project. Less than significant impacts are anticipated as a result of this Project. The Project will not significantly impact existing water supplies nor require expanded water entitlements. According to RCWD's Water Facilities Master Plan and 2000 Urban Water Management Plan, RCWD has an existing and planned combined well, imported, and recycled water production capacity of approximately 150,000 acre-feet. The ultimate annual water demand of the RCWD is estimated to be 129,545 acre-feet, while the existing demand for 2004 was approximately 85,000 acre-feet. Based on the projected water demands for the Temecula Regional Hospital and future demands projected for the Project service area, this Project demand is less than the Water Facilities Master Plan projected demands based on land use for the Project location. The Master Plan projected demands for the Project site are based on use of the site as . 30 acres of, Business Park/Industrial (1500 gallons per day) and 6 acres of Estate Residential (0.75 acre-feet per acre), resulting in a total of 55 acre-feet for the Project area. Therefore, the 42 acre-feet demand estimated for the Project has been provided for and can be met with existing supply capacities. To accommodate future developments such as the Temecula Regional Hospital, the Rancho California Water District intends to meet supply planning issues through a combination of the following: 1. Continued practice of managing groundwater levels through natural and artificial recharge via groundwater extracted using existing and planned RCWD-owned wells. 2. Annual water purchase of direct imported and replenishment water via Metropolitan Water District of Southern California and from Vail Lake. 3. Orderly implementation of recycled water system use expansion as proposed to be available. 4. Conservation measures. Due to RCWD's access to local groundwater sources, the availability of local . groundwater sources, and the ability to purchase imported water and store it within the basin, short-term drought situations have historically had negligible effect on the ability to supply customers. Additionally, if surface water flows are reduced as a result of single or multiple dry, or critically dry years, RCWD has the ability to meet demands by augmenting its supply with increased groundwater extractions, along with implementation of conservation and other measures. RCWD also anticipates that the use of recycled water will increase, thereby reducing the use and reliance of domestic water sources, furthering RCWD's ability to supply water during single or multiple dry, or critically dry, years. Therefore, RCWD has concluded that sufficient water supply exists to support the Temecula Regional Hospital development as required by California Water Code Section 10910. (DEIR, p. 4-35 and 4-35) The Project will not result in a need for new landfill capacity. Any potential impacts from solid waste created by this development can be mitigated through participation in Source Reduction and Recycling Programs, which are implemented by the City. Less than significant impacts are anticipated as a result of this Project. (Initial Study, pgs. 35 and 36) Section 3. Findings Concerning Impacts Found in The Draft FEIR to Have Less Than Significant Impacts on the Environment. The City Council hereby finds and determines that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony . :e !e e from the public, organizations, and regulatory agencies, the environmental impacts associated with the Temecula Regional Hospital Project will have a less than significant impact through the EIR and therefore do not require the imposition of mitigation measures: A. Aesthetics - Scenic Hiahwavs and Visual Character or Qualitv The Project site is not located within the vicinity of a state scenic highway, as designated by the California Department of Transportation.2 According to the City of Temecula General Plan, the Project site does not include any scenic resources, is not known for its visual character, nor does the site contain scenic resources. Development of the Project will result in a less than significant impact. (DEIR, p.4-4) The proposed Project will be visible from various residential lots north of the Project site, as illustrated in the photograph in Figure 4-2b in ihe EIR. However, the views are considered private, are not considered to be of public benefit, and are not protected by any City regulation or policy. While the hospital/medical complex will be apparently taller than surrounding development, it will appear as infill development. As illustrated in Figure 4-2a in the EIR, while the Project site can seen from residential areas tq the north, particularly in comparison from the existing view, views of Palomar Mountain will not be blocked by the Project. The elevation of De Portola Road and adjacent residences to the north is greater than the elevation of the pad areas of the Project site. Therefore, the building height will appear slightly lower than the actual height from the residences to the north. To soften views and blend the development with surrounding urbanization, the preliminary landscape plan proposes numerous evergreen trees such as Afghan Pine, Coast Live Oaks, and Silk Trees along the perimeter of the site between the residences and the hospital, which will buffer the visual appearance of the buildings and mask the development of the site. Incorporation of these Project features will help to reduce viewshed impacts. The proposed height of the hospital towers will continue to obstruct views from nearby locations. However, because the views are considered private, are not considered to be of public benefit, and are not protected by any City regulation or policy, impact will be less than significant. (DEIR, p. 4-5) B. Air Qualitv - Construction' Odors and Consistency with Adooted Plans and Policies The Project has the potential to create objectionable odors during construction. Some odors may be associated with the operation of diesel engines during site preparation. However, these odors are typical of urbanized environments and would be subject to construction and air quality regulations, including proper maintenance of machinery to minimize engine emissions. These emissions are also of short duration and are quickly dispersed into the atmosphere. Therefore, thE;l Project will not create significant objectionable odor impacts during construction. (DEIR, 4-24) 2 California Department of Transportation. California Scenic Highway Mapping System. hllo://www.dot.ca.nov/ho/LandArch/scenic hiohwavs/ Date accessed: August 11 ,2005. With respect to determining Project consistency with SCAQMD and Southern California Association of Governments (SCAG) air quality policies, it must be recognized that air - quality planning in the South Coast Air Basin focuses on the allainment of the ambient . air quality standards at the earliest feasible date. The SCAQMD CEQA emissions thresholds for construction and operational phase emissions are designed to identify those Projects that would result in significant levels of pollutants, as well as promote the allainment of the California ambient air quality standards and national ambient air quality standards. General Plans are used to assist in development of the AQMP, which provides the framework for attainment of the ambient air quality standards and national ambient air quality standards. The Temecula Hospital Project proposes development on the Project site at an intensity greater than the two-story building height limit established in the General Plan Land Use Element for this site. However, the proposed hospital and medical uses involve a total of 566,160 square feet of building area, whereas a commercial office development constructed pursuant to current land use regulations could yield up to 769,059 square feet based on an assumed Floor-Area Ratio of 0.5. The proposed uses would generate up to 65% fewer vehicle trips than the commercial/office uses on the site assumed in the General Plan (see discussion of Alternative 2 in Section 5.0 of the EIR). Finally, Policy 1.8 in the Land Use Element states: "Encourage future development of a community hospital and related services, as well as a community college, major college or university." Therefore, the Project is consistent with goals and policies within the General Plan. As the Project is consistent with the City of Temecula General Plan Land Use and Open Space/Conservation _ Elements, it is assumed to be consistent with the AQMP, and the development's . assumptions are included in the modeling for the AQMP. (DEJR, p. 4-25) C. Hydroloqv and Water Qualitv Storm Water Drainage and Water Quality Compliance with the existing regulations, which require Riverside County Flood Control District review to ensure adequate flood control capacity, on-site drainage provision, drainage fees payment, and Storm Water Pollution Prevention Plan preparation, will ensure a less than significant impact on storm water drainage and water quality. (DEJR, p.4-33) California Water Code Sections 10910-10915 In compliance with California Water Code Section 10910-10915, all future development Projects pursuant to the General Plan that meet criteria specified in the law are required to determine whether projected water supplies available during normal, single-dry, and multiple-dry water years will be sufficient to satisfy demands of the proposed Project, in addition to existing and planned future uses. No major development Project will be permilled to proceed unless required determinations can be made. Water Code Section 10910 applies to the Project because the proposed hospital and medical office building complex meets the criteria established in California Water Code Section 10912 (a)(1) in square feet and potential employment. The Rancho California Water District (RCWD) owns, operates, and maintains the public _ water system within which the proposed Project will be located. RCWD will be the . Ie e . water purveyor to the Project. RCWD has prepared a water supply assessment for the proposed Project; this assessment states that the projected water demand for the Temecula Regional Hospital is approximately 42 acre-feet per year. This demand has been anticipated and included in the adopted Urban Water Management Plan and Water Facilities Master Plan for RCWD. Furthermore, based on the projected water demands for the Temecula Regional Hospital and future demands projected for the Project service area, this Project demand is less than the Water Facilities Master Plan projected demands based on land use for the Project location. Therefore, the 42 acre- feet demand estimated for the Project has been provided for and can be met with existing supply capacities. To accommodate future developments such as the Temecula Regional Hospital, the District intends to meet supply planning issues through a combination of the following alternatives: . 1. Continued practice of managing groundwater levels through natural and artificial recharge via groundwater extracted using existing and planned RCWD-owned wells. 2. Annual water purchase of direct imported and replenishment water via Metropolitan Water District of Southern California and from Vail Lake. 3. Orderly implementation of recycled water system use expansion as proposed to be available. 4. Conservation measures. Due to RCWD's access to local groundwater sources, the availability of local groundwater sources, and the ability to purchase imported water and store it within the basin, short-term drought situations have historically had negligible effect on the ability to supply customers. Additionally, if surface water flows are reduced as a result of single or multiple dry, or critically dry years, RCWD has the ability to meet demands by augmenting its supply with increased groundwater extractions, along with implementation of conservation and other measures. RCWD also anticipates that the use of recycled water will increase, thereby reducing the use and reliance of domestic water sources, furthering RCWD's ability to supply water during single or multiple dry, or critically dry, years. Therefore, RCWD has concluded that sufficient water supply exists to support the Temecula Regional Hospital development as required by California Water Code Section 10910. Impact is less than significant. (DEIR, p. 4-33, 4-34, and 4-35) D. Land Use and Planning The Professional Office General Plan land use designation will continue to apply to the Project site. The uses proposed are all permilled within this designation. Thus, no conflict with underlying General Plan land use policy will apply. The elimination of the Z2 overlay would eliminate building height restrictions. As a default, the standards of the applicable zone would apply. The PO zoning district has a building height limit of 75 feet. However, the applicant has submitted a PDO application with the zone change application to allow a maximum height of 115 feet for the tower structures. In approving the Project, the City Council _ has determined that no conflict between General Plan policy and zoning regulations . result, and impact is less than significant. (DEIR, p. 4-39) The Project will be a phased development that will allow for efficient implementation of public facilities and services within the Project area. Furthermore, potential jobs will be created through the development and programming of this regional hospital, and the housing for the hospital workers will be accommodated through new housing developments anticipated in the City's General Plan. Therefore, the proposed Project will be consistent with goals and polices of the Growth Management/Public Facilities Element. Impact is less than significant. (DEIR, p. 4-40) All uses currently permilled in the existing PO zoning district will still be permitted in new PDO-9 zone. Thus, no conflict or impact will result. The primary changes that will occur as a result of the new proposed PDO and the Development Plan will be a change to the building height limit (to allow up to 115 feet) and the establishment of development standards applicable strictly to this site. The PDO document submitted with the application indicates an allowable maximum building height limit of 115 feet. In approving the PDO-9 zone, the City Council has determined that the PDO-9 zone is appropriate land use policy and zoning for the subject property. Therefore, impact will be less than significant. (DEIR, p. 4-40) The hospital, medical office, and related uses are consistent with established and planned development uses and pallerns along Highway 79 South, south of De Portola e Road. With regard to the residential uses, the site is separated from these uses by, respectively, a six-lane roadway to the south and an approximate 88-foot road right-of- way to the north. Also, the site plan builds in buffers in the form of parking lots and landscaping to ensure compatibility between the uses on the site and residential uses. The uses proposed are considered consistent and compatible with surrounding uses; impact will be less than significant. (DEIR, p. 4-41) With regard to intensity of use, the Project will result in a more intense use of the site than is currently allowed under land use regulations due to the proposed increased height standard. The Project will require approval of a planned development permit to provide for the development of the site with the uses, structures, parking, landscaping, and other components of the proposed development, and to provide development standards for the Project. The hospital bed-towers will be set back and located toward the center of the site. The nearest tower will be set back approximately 210 feet from the nearest residentially zonetl parcel and approximately 630 feet from De Portola Road. Extensive perimeter landscaping and landscaping adjacent to the buildings will be provided. These Project features will minimize perceived visual effects and ensure compatibility with surrounding uses. Therefore, land use compatibility impacts with regard to development standards are not considered significant. (DEIR, p. 4-41) e . I. . E. Noise (Construction. Ground-Borne Vibration. Traffic-related Noise. Sirens. Loadina Activities. Parkina Lot Activities,_ Trash Pickup, Landscapina/Maintenance. and Future Exterior/Interior Noise Environment Construction noise impacts will be less than significant due to compliance with Section 8.32.020 of the Municipal Code. (DEIR, p. 4-64) The proposed Project will not generate excessive ground-borne vibration or ground- borne noise levels. However, ground-borne vibration may be perceptible during the demolition, site clearing and grading phase of the construction when activity occurs very near the properly lines. This is not considered to be a significant impact due to the short duration of the activity. (DEIR, p. 4-64) Although siren noise may cause some annoyance at nearby noise-sensitive receptors, noise from emergency vehicles is considered to have a less than significant impact because it will only occur sporadically and for short periods of time, and because sirens are necessary for safety during an emergency. (DEIR, p. 4-58) Traffic noise, parking lot noise, and noise associated with site maintenance will be less than significant. (DEJR, p. 4-64) Activity at the loading docks have the potential to create excessive noise. Assuming that the worst-case 10-minute average noise level at the proposed loading docks will be the same, and allowing for the noise reduction provided by the distance from the loading docks to the nearest occupied home (approximately 845 feet), the estimated 10-minute average noise level at the home due to loading dock activities is approximately 50 dB(A). With four deliveries over a 24-hour period, this equates toa CNEL of 42 dB. This level is below the daytime stationary noise source standards of 65 dB. Measurements indicate that the existing CNEL at the home is about 57 dB, so loading dock activities will not increase the noise level by 3 dB or more. The impact is less than significant. (DEIR, p. 4-61) At the office property to the east (a distance of about 285 feet) from the loading docks, the CNEL is expected to be about 51 dB. This is below the City's. standard of 70 dB, and will not increase the existing CNEL by 3 dB or more; therefore, the impact is less than significant. (DEIR, p. 4-61) Trash pickup is frequently a cause of complaints from residents living adjacent to commercial uses. Typical noise levels range from 80 to 85 dB(A) at a distance of 50 feet from the source during raising, lowering, and compacting operations. However, this noise is temporary and will not occur on a constant basis. A typical trash pickup lasts only three minutes on average and is a common noise source that exists throughout the community. Therefore, this Project impact will be less than significant. (DEIR, p. 4-63) The exterior noise standard of 70 dB CNEL for a hospital site is exceeded at all exterior locations within 255 feet of the centerline of the nearest lane of Highway 79 South. . However, no exterior useable/habitable spaces are located within this envelope. Impact will be less than significant. (DEJR, p. 4-64) The interior noise standard will not be exceeded within any medical office building nor hospital facility given the noise estimates and the noise reduction characteristics of the buildings themselves. The noise levels inside the buildings will comply with the interior CNEL standard of 50 dB. At locations further from the street, the estimated CNEL will be lower than 50 dB. Impact is less than significant. (DEIR, p. 4-64) Section 4. Findings Concerning Potentially Significant Impacts Which Can be Mitigated to Levels of Insignificance. The City Council hereby finds and determines that mitigation measures outlined in the Draft FEIR have been incorporated into the Temecula Regional Hospital Project that avoid or substantially lessen the following potentially significant environmental impacts identified in the Project Draft Focused EIR to a .Iess than significant level. The potentially significant Project impacts and the mitigation measures which have been adopted to mitigate them to a less than significant level are as follows: A. Aesthetics - Lioht and Glare 1. Potential Significant Impact The Project will introduce new sources of light and glare typically associated with a hospital and medical office. A minimum of one-foot candle illumination is required in all parking, loading, and circulation areas, and a minimum of two-foot candle illumination is required for the main entries of each building. Lighting is required to be directed down and fully shielded to reduce the amount of glare into the night sky and onto adjacent parcels. The applicant has proposed low-pressure sodium outdoor lighting fixtures, which is consistent with Ordinance 655. The City is requiring the Project applicant to locate all ground-mounted lighting as far away as possible from the residences. All free-standing lighting in the parking lot will be consistent with the setbacks set forth in the Development Code and Design Guidelines. The hospital towers have the potential to emit glare from the upper floors. (DEIR, p. 4-14) 2. Findings 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 DEIR. Implementation of the following mitigation measures will reduce potential aesthetic impacts to a less than significant level: e e !. . I . A-1. Prior to issuance of a building permit, City staff shall verify that a photometric plan has been submitted which details the proposed light levels for the entire Project site onto adjacent Project boundaries and vertical fugitive light, including means to mitigate. Corresponding criteria for helicopter/heliport uses and ambulance light use and operations shall also be prepared and include means to mitigate potential light impacts. (DEIR, p. 4-15) A-2. All windows above the second floor of the hospital and/or medical office buildings shall consist of glazed windows and/or tinting (non- reflective glass/windows) to reduce the amount of glare emitted from the upper floors. (DEIR, p. 4-15) A-3. The applicanVdeveloper shall plant, irrigate as necessary, and replace as necessary mature trees (24-inch or greater) and shrubs (15-gallon or greater) around the perimeter of the Project site. Such landscaping treatment may include decorative walls. The Planning Director shall approve the final design of any walls and/or berming and landscaping. Enhanced landscaping may be required along the northern property line and adjacent to residential parcels. (DEIR, p. 4-15) B. Noise - Operational Impacts (Mechanical Yard. Emeraencv Generators. Mechanical Eauipment Room. Rooftop Eauipment) 1. Potential Significant Impact Mechanical Yard Duty Equipment The mechanical yard duty equipment's noise level for all the equipment is 74 dB(A) at 50 feet. At the worst-case noise-sensitive location, the estimated noise level is 51 dB(A) and, over a 24-hour period, the CNEL will be about 58 dB. This level complies with the City's standard of 65 dB; however, the CNEL at the residence will increase by approximately 4 dB. In addition, the CNEL generated by the duty equipment is estimated to be 71 dB at the nearest office location. This exceeds the City's standard of 70 dB. Therefore, the impact is significant, and mitigation is required. (DEIR, p. 4-62) Mechanical Yard Emergency Generators The emergency generators' estimated noise level for each of the two generators is 86 dB(A) at 52 feet. This level does not include additional noise from the engine exhaust stack, which may increase the noise level by several decibels depending on the quality of the muffler. At the worst- case noise-sensitive location, the estimated noise level is 63 dB(A), without the contribution of the engine exhaust. On a maintenance test day, this equates to a CNEL of at least 41 dB, which complies with the City's standard. However, if the generators run continuously over a 24- e hour period, the CNEL will be at least 70 dB. This exceeds the City's 65 dB standard. In addition, the CNEL will be at least 82 dB at the nearest office properly if the generators run continuously for 24 hours, which exceeds the City's standard. Therefore, the generator impact is potentially significant at both the worst-case noise-sensitive location and the office location as well. (DEIR, pgs. 4-62 and 4-63) The Mechanical Equipment Room The mechanical equipment room is to be located inside the Phase IB hospital building, adjacent to the mechanical yard. An analysis of the central plant room noise levels is not currently possible, as the construction of the room/building is not known and the details for all the equipment are not available. However, based on the fact that the central plant will contain various mechanical equipment including pumps, chillers, and boilers it is anticipated that it could produce significant impacts at nearby noise-sensitive receivers unless mitigation is incorporated into the design. Therefore, the impact is potentially significant, and mitigation is required. (DEIR, p. 4-63) Rooftop Mechanical Equipment Rooftop mechanical equipment such as air conditioning and refrigeration units and their associated inlet and exhaust systems are potential noise . sources. However, structural designs are easily implemented in new construction, and it is anticipated that such measures will be included during the final design of the Project to minimize rooftop mechanical equipment noise. (DEIR, p. 4-63) 2. Findings 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 DEIR. Implementation of the following mitigation measures will reduce potential noise impacts to a less than significant level: N-1 Once the mechanical equipment (including emergency generators) is fully operational upon completion of Project construction, the applicant/permillee shall conduct continuous, 24-hour noise monitoring for a period of one week. Such monitoring shall be conducted by a certified acoustical engineer. If the noise levels exceed land use/noise compatibility threshold levels set forth in the City of Temecula General Plan or other City-adopted criteria that may be in place at the time, the applicant/permillee shall implement measures to achieve the thresholds or other adopted criteria. Such . e measures may include, but not be limited to, noise attenuation barriers, equipment baffling, or other approaches deemed appropriate by a certified acoustical engineer. Once the mitigation has been implemented, the acoustical engineer shall file a report with the City documenting compliance. (DEJR, p. 4-65) N-5 Mechanical ventilation shall be provided for all medical and office buildings on the site to ensure compliance with interior noise standards established in the General Plan. (DEIR, p. 4-65) C. Transportation - Proiectlmpacts 1. Potential Significant Impacts The Project will result in the following significant traffic impacts requiring mitigation: Phase 1: Intersections operating at LOS E or F due to Project-related or cumulative impacts: . Highway 79 South/Interstate 15 southbound ramps - both peak hours . Highway 79 South/Interstate 15 northbound ramps - both peak i. ,I hours . Highway 79 South/La Paz Street - P.M. peak . Highway 79 South/Pechanga Parkway - P.M. peak . Highway 79 South/Redhawk Parkway/Margarita - both peak hours Phase 1: Roadway links operating at LOS E or F due to Project-related or cumulative impacts: . Highway 79 South: west of Pechanga Parkway . Highway 79 South: west of Margarita Road Project at Build-out: Intersections operating at LOS E or F due to Project- related or cumulative impacts: . Highway 79 South/Interstate 15 southbound ramps - both peak hours . Highway 79 South/Interstate 15 northbound ramps - both peak hours !. . Highway 79 South/La Paz Street- P.M. peak . Highway 79 South/Pechanga Parkway - P.M. peak . Highway 79 South/Project Driveway/Country Glen Way - LOS F at A.M. and P.M. peak hour . Margarita Road/Highway 79 South - LOS F at A.M. and P.M. peak hour . Highway 79 South/Redhawk Parkway/Margarita - both peak hours e Project at Build-out: Roadway links operating at LOS E or F due to Project-related or cumulative impacts: . Highway 79 South: west of Pechanga Parkway . Highway 79 South: west of Margarita Road . Margarita Road: De Portola Road to Dartolo Road . Margarita Road: Dartolo Road to Highway 79 South 2. Findings 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 DEIR. Implementation of the following mitigation measures will reduce potential transportation - Project impacts to a less than significant level: The Project applicant/permittee will be required to contribute fair-share payments for the following improvements: T -1. Signalize the main Project site access from Highway 79 South opposite Country Glen Way with the following configuration: Westbound: 1 right-turn lane 3 through lanes 1 left-turn lane e Eastbound: 2 left-turn lanes 2 through lanes 1 shared through/right lane Northbound: 1 left-turn lane 1 shared through/right lane Southbound: 2 left-turn lanes 1 shared through/right lane (20 feet wide) (DEIR, p.4-93) T-4. Improvements on the Project site shall include a driveway onto De Portola Road developed to the specifications of the Public Works Director. (DEJR,4-94) Section 5. Findings Concerning Impacts Which Cannot be Fully Mitigated to a Level of Insignificance. The City Council hereby finds that, despite the incorporation of mitigation measures outlined in the Draft EIR, the following impacts cannot be fully mitigated to a less than significant level, and a Statement of Overriding - Considerations is therefore included herein: · '~. A. Air Qualitv - Short-term. Lono-term. and Cumulative 1. Potential Significantlmpac,t Short- Term Construction activity will produce daily emissions above the South Coast Air Quality Management District's (SCAQMD) significance thresholds for oxides of nitrogen (NOx) and reactive organic gases (ROG). The NOx emissions are primarily allributable to exhaust from construction vehicles, and the ROG emissions are primarily from the application of architectural coatings. The emissions of these pollutants are considered to produce a significant adverse short-term regional air quality impact because the levels of these emissions are projeCted to exceed SCAQMD air pollutant significance thresholds. (DEIR; p. 4-23) . Long- Term and Cumulative Air pollutant emissions associated with Project operations will be generated due to the consumption of electricity and natural gas (so-called stationary sources) and by the operation of on-road vehicles (mobile sources). Because it is not possible to isolate geographically where production of electric power occurs, these emissions are considered to be regional in nature. Emissions of criteria pollutants associated with the production of energy were calculated using emission factors from the SCAQMD's CEQA Air Quality Handbook. (DEIR, p. 4-24) Regional emissions from the operation of the Temecula Regional Hospital are estimated to produce air pollutant emissions above the SCAQMD significance thresholds for carbon monoxide (CO) and ROG. As such, regional emissions associated with the operational phase of the Project will result in a significant adverse air quality impact related to ROG and CO. (DEIR, p. 4-25) 2. Findings Implementing the following mitigation measures will reduce air quality impacts to the extent feasible. AQ-1. The applicanVpermittee shall coordinate with the Riverside Transit Agency (RTA) for a final location, design, and type of staging area (or turn-out) appropriate for the Project site. Wrillen authorization and final approved design plans shall be submilled to the City of Temecula Planning Department. (DEIR, p. 4-26) . AQ-2. The applicanVpermillee shall incorporate and encourage Transportation Demand Management (TDM) techniques for reducing vehicle trips during construction, as well as during the daily operations of the hospital facility. TDM techniques shall include but not be limited to the following: encouraging car and I I, vanpooling, and offering flex hours and/or flex schedules during the on-going operation of the facility. Wrillen proof of such program _ shall be submitted to and approved by the Planning Director prior to . the issuance of a grading permit for construction activities and prior to the issuance of a Certificate of Occupancy for the operation of the medical offices. (DEJR, p. 4-26) AQ-3. The applicanVpermittee shall incorporate energy efficiency standards appropriate for medical facilities and professional office buildings, as defined by State of California regulations. (DE/R, p. 4- 26) AQ-4. The applicanVpermittee shall submit a final landscape plan for the Project site incorporating native drought-resistant vegetation and mature trees (15 gallon, 24-inch box and 36-inch box). If more than 100 days elapses from the time grading is complete and beginning of construction, the City of Temecula may require temporary landscaping to reduce the amount of dust and to prevent dust and erosion, with such temporary landscaping to be installed at the applicanVpermillee's expense. (DEIR, p. 4-26) AQ-5. Prior to the issuance of a grading permit and during the duration of construction activities, the applicanVpermittee shall verify in writing (to the Planning Department) that all earth-moving and large _ equipment are properly tuned and maintained to reduce emissions. . In addition, alternative clean-fueled vehicles shall be used where feasible. Construction equipment should be selected and deployed considering the lowest emission factors and highest energy efficiency reasonably possible. (DEIR, p. 4-27) AQ-6. Prior to the issuance of a grading permit, a watering program shall be submilled to the City of Temecula Public Works Department for approval. Said program shall include control of wind-blown dust on site and on adjacent access roadways. The City Public Works Director reserves the right to modify this requirement as necessary based upon the circumstances that present themselves during the Project construction. (DEIR, p. 4-27) AQ-7. The applicanVpermillee shall prepare and submit a comprehensive Fugitive Dust Control Plan to the City of Temecula, including compliance with SCAQMD Rule 402 - Nuisance and Rule 403 - Fugitive Dust. The Fugitive Dust Control Plan shall include applicable best available control measures included in Table 1 and Table 2 of Rule 403 during grading and construction such as the following examples listed below: . e . Soil stabilization methods such as water and environmentally safe dust control materials shall be periodically applied to portions of the construction site inactive for over four days. . Establish a vegetative ground cover within 21 days after active operations have ceased. . Apply chemical stabilizers within five working days of grading completion. . Water all roads used for vehicular traffic at least twice per daily, at least once in the morning and at least once in the afternoon. . Restrict vehicle speeds to 15 miles per hour. . Apply water or chemical stabilizers to at least 80 percent of the surface area of open storage piles on a daily basis when there is evidence of wind driven fugitive dust or install temporary coverings. . Cover haul vehicles prior to exiting the site. . Direct construction traffic over established haul routes. The Fugitive Dust Control Plan shall be reviewed and approved by the SCAQMD prior to the commencement of grading and excavation operations. Compliance with The Fugitive Dust Control Plan shall be subject to periodic site monitoring by the City. (DEIR, p. 4-27) . AQ-8. During the course of the Project grading and construction, the applicant/permillee shall post signs on the site limiting construction- related traffic and all general traffic to 15 miles per hour or less. (DEIR, p. 4-27) AQ-9. The applicant/permillee shall establish construction equipment and supply staging areas located at least 500 feet from the nearest properly line of a residentially improved parcel. (DEIR, p. 4-27) AQ-10. The applicant/permittee shall properly maintain all waste- related enclosures and facilities and comply with the state emission controls to ensure against Project site related odors during construction and subsequent use. (DEIR, p. 4-28) . AQ-11. All trucks exporting and/or importing fill to/from the Project site shall use tarpaulins to fully cover the load in compliance with State Vehicle Code 23114. Material transported in trucks off site (to and/or from the site) shall comply with State Vehicle Code 23114, with special allention to Sections 23114(b) (2) (F), (b) (F), (e) (2) and (e) (4) as amended. Material transported on-site shall be sufficiently watered or secured to prevent fugitive dust emissions. Lower portions of the trucks, including the wheels, shall be sprayed with water, which shall be properly managed so as to prevent runoff, to reduce/eliminate soil from the trucks before they leave the construction area. (DEIR, p. 4-28) AQ-12. During the course of the Project grading and construction, the applicant/permittee shall ensure the sweeping of adjacent e streets and roads to prevent the placement or accumulation of dirt in the roadway. Sweeping of adjacent streets and roads shall be done as necessary, but not less than once per day, at the end of each day of grading and/or construction. (DEJR, p. 4-28) AQ-13. During periods of high winds (I.e., wind speed sufficient to cause fugitive dust to impact adjacent properties, generally wind speeds exceeding 20 miles per hour, averaged over an hour), the applicant/permittee shall curtail all clearing, grading, earth moving and excavation operations as directed by the City Engineer, to the degree necessary to prevent fugitive dust created by on-site activities and operations from being a nuisance or hazard, either off-site or on-site, or as determined by the City Engineer at his sole discretion. (DEIR, p. 4-28) . AQ-14. The applicant/permittee shall use zero Volatile Organic Compounds (VOC) content architectural coatings during the construction and repainting of the Project to the maximum extent feasible. This measure will reduce VOC (ROG) emissions by 95 percent over convention architectural coatings. The following websites provide lists of manufacturers of zero VOC content ~~ e htto://htto://www.aamd.aov/ordas/brochureslSuP.er-Compliant AI M,pdf http://www.delta-institute.ora/publications/paints.pdf (DEIR, p. 4~28) AQ-15. The Project site shall be watered down no less than 3 times (not including the morning and evening water down) during construction and/or grading activities to reduce dust. (DEIR, p. 4- 28) AQ-16. All refuse areas shall be completely enclosed and include a covered roof subject to the approval of the Planning Director. Refuse areas shall be maintained within an enclosed structure and covered at all times, except during pick~up times for off-site removal. (DEIR, p. 4~28) AQ-17. The applicant/permittee shall provide a clear path of travel for pedestrians, including directional signs to/from the public streets (De Portola Road and Highway 79 South) to promote alternative transportation, (DEIR, p. 4-28) 3. Supporting Explanation e The proposed Temecula Regional Hospital Project will result in significant air quality impacts during the Project's construction and operational I. phases. With mitigation, ROG emissions will be less than significant. However, NOx emissions from construction vehicle exhaust will continue to exceed the SCAQMD emissions threshold and result in a significant, unavoidable short-term air quality impact. (DEIR, p. 4-29) Once the hospital and other on-site facilities are in operation, estimated emissions of CO and ROG will exceed the operational phase thresholds established by the SCAQMD. Even with measures to encourage trip reduction and energy efficiency, emissions cannot be mitigated to below a level of significance. Long-term air quality impacts will be significant and unavoidable. (DEIR, p. 4-29) B. Noise - Associated with the Maximum Potential Number of Emeroencv Helicopter Fliahts 1. Potential Significant Impacts . The Project includes a helipad to be used for the emergency evacuation of any patient who cannot be treated at the hospital. The helipad permit to be issued by the California Department of Transportation will have a limit of a maximum six flights per month. The applicant anticipates no more than one flight per month. However, assuming one flight on a "worst- case" day, and that the flight hovers for one minute prior to landing or climbing, the sound exposure level (SEL) would be 94 to 100 dB(A). The estimated annoyance level at the nearest residences ranges from 3 to 4 (on a scale from 0 to 10). If this condition occurred up to six times per month, the level of short-term, periodic impact could be considered significant by those persons living closest to the hospital. (DEIR, p. 4-61) 2. Findings Implementing the following mitigation measures will reduce noise impacts to the extent feasible: N-2 Helicopter flights shall be limited to emergency-only circumstances for critical patient transport. The applicant/permillee shall apply for a Special Use Helipad Permit for an Emergency Medical Services Landing Site, as provided for in the California Code of Regulations, Title 21, Section 3527, Airport and Heliport Definitions. This permit allows, over any 12-month period, for no more than an average of 6 landings per month with a patient or patients on the helicopter, except to allow for adequate medical response to a mass casualty event, even if that response causes the site to be used beyond these limits. (DEIR, p. 4-65) , I I '. N-3 Helicopter pilots responding to calls for patient transport shall be informed of a preferred approach and departure heading of 1350 southeast. (DEIR, p. 4-65) 3. Supporting Explanation e Even with mitigation measures to reduce helicopter flight noise impacts, these impacts cannot be mitigated to below a level of significance because of the uncertainty of the exact number of flights per month due to the unknown number of emergencies that will occur within any given month. Helicopter flight noise impacts will be significant and unavoidable. (DEIR, p.4-66) C. Traffic & Circulation - Cumulative Impacts 1. Potential Significant Impacts New residential, commercial, industrial, and other development occurring throughout the Project area, combined with Project trips, will increase the number of vehicle trips to, through, and from the surrounding area. Vehicle trips from the Project and related Projects are anticipated to create or add to traffic congestion on Highway 79 South, especially near the 1-15 ramps, and at selected roadway segments and intersections. The 21 cumulative Projects generate a total of 160,500 average daily trips with 5,560 trips in the AM peak hour and 6,130 trips in the PM peak hour (2,209 inbound and 1,489 outbound). Some vehicle trips would be confined to the area (short trips), while others would travel outside the Project area to surrounding counties and urban centers and affect the regional transportation system. Adverse impacts to the circulation network would occur if roadway improvements and trip reduction measures and programs are not implemented. e . In accordance with City of Temecula regulations, each development Project will be assessed its fair share for identified roadway improvements. Payment of the City's traffic impact fees will allow the City to fund signalization, roadway widening, and other transportation programs and improvements necessary to maintain acceptable levels of service at local intersections. Increases in traffic generated by new development are generally anticipated to be mitigated to less than significant levels through payment of fair share fees and citywide and Project-level roadway improvements. The proposed Project will not result in any cumulative impacts to intersections, but the following roadway links will continue to operate over capacity: . Highway 79 South west of Pechanga Parkway . Highway 79 South west of Margarita Road . Margarita Road: De Portola Road to Dartolo Road . Margarita Road: Dartolo Road to Highway 79 South . e Cumulative impacts to these roadway links at Project build-out will be significant and unavoidable. Furthermore, some intersections near 1-15 will continue to experience LOS E and F conditions into the future. Cumulative impacts, as noted in the General Plan EIR, will be significant and unavoidable. (DEIR, p. 6-4) . :. 2. Findings e Implementing the following mitigation measures will reduce traffic impacts to the extent feasible. Also, other roadway system enhancements' will be pursued over the long term to implement the recently updated General Plan Circulation Element. (DEIR, p. 6-4) T-2. The Project applicanVpermittee will pay Riverside County Transportation Uniform Mitigation Fees (TUMF) to mitigate cumulative impacts to the Highway 79 South intersection at 1-15. (DEIR, p. 4-94) T-3. The Project applicanVpermittee will contribute a fair share toward the provision of the following roadway improvements to address the Project's contribution toward cumulative impacts: Intersection Required Improvements Highway 79 South/I-15 Southbound Ramps Highway 79 South/I-15 Northbound Ramps Additional southbound left-turn lane Additional eastbound through lane, plus convert westbound right lane to free right turn Widen southbound movement to dual le~ turn lanes and one shared through/right lane Additional northbound left-turn lane, plus eastbound and northbound free right-turn lanes Signalize and provide dual eastbound left-turn lanes and dual southbound left- turn lanes with a shared through/right- turn lane. Provide a dedicated right-turn lane for westbound approach. Highway 79 South/La Paz Road Highway 79 South/Pechanga Parkway Highway 79 South/Project Driveway/Country Glen Way Highway 79 South/Red hawk Parkway/Margarita Road (DEIR, p. 4-94) Provide southbound and eastbound dual left and right-turn traffic signal overlaps. 3. Supporting Explanation Cumulative impacts on these roadway links at Project build-out will be significant and unavoidable. Furthermore, some intersections near 1-15 will continue to experience LOS E and F conditions into the future. e Cumulative impacts, as noted in the EIR, will be significant and unavoidable. . . . Section 6. Findings Concerning Alternatives to the Project. The City Council hereby declares that it has considered the alternatives identified in the EIR as described below. CEQA requires that an EIR evaluate a reasonable range of alternatives to a Project, or to the location of a Project, which: (1) offer substantial environmental advantages over the Project proposal, and (2) may be feasibly accomplished in a successful manner within a reasonable period of time considering the economic, environmental, social and technological factors involved. An EIR must only evaluate reasonable alternatives to a Project that could feasibly allain most of the Project objectives, and evaluate the comparative merits of the alternatives. In all cases, the consideration of alternatives is to be judged against a "rule of reason." The lead agency is not required to choose the "environmentally superior" alternative identified in an EIR if the alternative does not provide substantial advantages over a proposed Project and (1) through the imposition of mitigation measures the environmental effects of a Project can be reduced to an acceptable level, or (2) there are social, economic, technological or other considerations which make the alternative infeasible. The City's objectives for the proposed Project and the Project area are to: . Encourage future development of a regional hospital and related services . Support development of biomedical, research, and office facilities to diversify Temecula's economic and employment base . Ensure the compatibility of development on the subject site with surrounding uses in terms of the size and configuration of buildings, use of materials and landscaping, the location of access routes, noise impacts, traffic impacts, and other environmental conditions . Provide for superior, easily accessible emergency medical services within the City of Temecula . Incorporate buffers that minimize the impacts of noise, light, visibility of activity, and vehicular traffic on surrounding residential uses . Facilitate construction of a regional hospital facility designed to be an operationally efficient, state-of-the-art facility that provides economic benefits to the City The objectives of Universal Health Services, the Project applicant, for the proposed Project are to: . Provide high-quality health services to the residents of Temecula and surrounding communities . Provide a regional hospital facility that includes standard hospital services, with outpatient care, rehabilitation, and medical offices . Provide a regional hospital facility designed to be an operationally efficient, state- of-the-art facility that meets the needs of the region and hospital doctors e . Provide medical offices adjacent to the hospital facility to meet the needs of doctors and patients who need ready access to the hospital for medical procedures . Provide a regional hospital facility that is centrally located, with access from a major roadway, to best serve the medical service needs of local residents and the region A. No Project Alternative - No Build 1. Description The "No Project Alternative" alternative assumes that site conditions would remain the same as existing conditions, and no development would occur in the near future. (DE/R, p. 5-4) 2. Finding The City Council finds that the No Project Alternative does not meet any of the Project objectives identified by the City nor the applicant. However, it has fewer environmental impacts than the Project. 3. Supporting Explanation e This alternative generally would avoid the significant air quality impacts associated with the Project and would not generate any additional traffic. No new noise sources would be created. Overall impacts associated with the No Project Alternative would be less than those resulting from the Project. While this alternative has fewer environmental impacts than the proposed Project, it meets none of the Project objectives identified by the applicant and the City. (DEIR, p. 5-4) B. No Project- Development Pursuant to Current General Plan 1 . Description The "No Project Alternative - Development Pursuant to Current General Plan" alternative assumes that the Project site ultimately would be developed pursuant to current General Plan land use policies, goals and policies, and zoning criteria. The site would be developed pursuant to the standards of the Professional Office (PO) General Plan designation and the applicable zoning of PO and Planned Development Overlay-8 (PDO- 8). This development scenario could yield approximately 769,000 square feet of commercial and office development, based on current zoning regulations and an assumed floor-area ratio of 0.5. (DEIR, p. 5-4) . 2. Finding . I i I. . i II The "No Project Alternative - Development Pursuant to Current General Plan" would not attain the City's objective to encourage future development of a regional hospital and related services, or the applicant's objective to provide high-quality health services to the residents of Temecula and surrounding communities. It would potentially have greater air quality and traffic impacts, while potentially having reduced land use and planning impacts. 3. Supporting Explanation This alternative could result in potentially greater air quality and traffic impacts. Impacts related to land use and planning would be reduced compared to the Project. Noise impacts associated with helicopter operations would be avoided. However it would not allain the City's objective to encourage future regional hospital and related services nor would it allain the applicant's objective to provide high-quality health services to Temecula or surrounding communities' residents. All other impacts would be comparable to those associated with the proposed hospital Project. (DEIR, p. 5-6) C. Alternative Site - Corona Family Properties 1 . Description The alternative site considered for this Project includes land now owned by Corona Family L TD Partnership located at the northeast corner of Butterfield Stage Road and Highway 79 South. The site is comprised of three adjacent parcels totaling approximately 39.5 acres (APN 952150003, 9.61 acres; APN 952150001, 9.56 acres; and APN 952150002,20.34 acres). The two smaller parcels are designated within the General Plan as Community Commercial and are zoned for Community Commercial use. The larger, 20+ acre parcel is not located within the City limits, but rather adjacent to the City within the County of Riverside. The Project site is within the City of Temecula General Plan planning area and is designated Vineyards/Agricultural, with County zoning of A-1-20. All properties would need to be under the applicant's control for the Project to proceed, and a County General Plan amendment, zone change, and annexation would be required for the larger parcel. (DEIR, p.5-7) 2. Finding The "Alternative Site" alternative has the potential to result in similar traffic and air quality as impacts the proposed Project, and could also result in adverse aesthetic, agricultural resource, and land use compatibility impacts. This alternative will not allain the applicant's objectives. However, this alternative would allain the City's objectives. 3. Supporting Explanation This alternative has the potential to result in adverse aesthetic, agricultural resource, and land use compatibility impacts, whereas the Project does not. Also, the alternative site would require annexing a portion of the site into the City of Temecula. Noise impacts of this alternative could be greater due to slightly longer helicopter trips due to the location of the Project site on the eastern boundary of the City, which may require a flight path over more residential neighborhoods. Biological resource impacts are uncertain, as site-specific surveys would need to be performed to determine impacts. All other impacts would be comparable to those associated with the Project. The alternative site would not attain the applicant's objectives because the site is located farther from the broad population to be served City and the site has limited access. The alternative site would attain the Project objectives set forth by the City of Temecula. D. Access from Dartolo Road 1 . Description e The "Access from Dartolo Road" alternative would require the extension of Dartolo Road westward to the Project site and the construction of a bridge across the existing flood channel immediately east of the Project site. For e ,this alternative, no access to De Portola Road would be provided, and those vehicles oriented to/from De Portola Road under the proposed Project have instead been assumed to utilize Dartolo Road as an access point. As with the proposed Project, the access points along Highway 79 South were assigned the majority of the Project trips (63 percent), with a slightly lesser percentage of trips to Dartolo Road (33 percent) and the remaining (4 percent) Project traffic assigned through the reciprocal access to the adjacent development to the west and to Country Glen Way. Utilizing Dartolo Road as an access point would provide direct access to Margarita Road at a signalized intersection. According to City staff, there has been some discussion to remove the traffic signal at the Dartolo Road/Margarita Road intersection. However, currently there are no plans to do so. 2. Finding This alternative has the potential to create greater environmental impacts than those of the proposed Project. The alternative would, however, allain each of the Project objectives set forth by the City of Temecula and the Project applicant. 3. Supporting Explanation . . . . Traffic and biological resource impacts of the Access from Dartolo Road alternative could be greater than those associated with the proposed Project. Queues on Margarita Road would negatively impact operations at the Highway 79 South/Margarita Road intersection and would add more delay to traffic on Margarita Road. This queuing would be the result of more vehicles arriving at a signalized intersection than are leaving this intersection, which results in longer wait times for vehicles wishing to go through the intersection; thus, long queues form. If the traffic signal were removed in the future at the Margarita Road/Dartolo Road intersection, only right turns could be allowed to/from Dartolo Road. This would improve operations along the Margarita Road corridor but would make this location much less beneficial in terms of removing traffic from Highway 79 South, as compared to the De Portola Road access scenario. Additionally, the biological impacts of this alternative would be greater than those of the proposed Project, as the Initial Study found that no biological impacts would result from the Project. (DEIR, p. 5-14) This alternative would not eliminate significant adverse air quality or noise impacts associated with construction and operation of the proposed Project. The alternative would, however, attain each of the Project objectives set forth by the City of Temecula and the Project applicant. (DEIR, p. 5-14) E. Access from DePortola Road and Dartolo Road 1 . Description The "Access from DePortola Road and Dartolo Road" alternative was conceived as a means of providing a third access to the site in conjunction with the construction of Phase II. The De Portola Road access, as described for the proposed Project, would be provided with Phase I, with access limited to right-turns and inbound left-turns. Outbound left-turns would be prohibited. Upon construction of Phase II, this alternative would require a third access via an extension of Dartolo Road, as described above for Access from Dartolo Road. This alternative would involve the extension of Dartolo Road westward to the Project site and the construction of a bridge across the existing flood channel immediately east of the Project site. (DEIR. p. 5-15) 2. Finding This alternative would not avoid nor eliminate adverse environmental impacts; however, it allains both the City and the applicant's Project objectives. 3. Supporting Explanation e This alternative would not avoid the significant traffic impacts associated with the Project. The extension of Dartolo Road as part of Phase II would not substantially divert traffic from the proposed primary entrance on Highway 79 South nor the De Portola secondary entrance. Biological resource impacts associated with this alternative would be greater than those associated with the Project due to construction within a jurisdictional wetland. The Initial Study found that no biological impacts would result from the Project. This alternative would not eliminate significant adverse air quality or noise impacts associated with construction and operation of the Project. The alternative would, however, attain each of the Project objectives set forth by the City of Temecula and the Project applicant. (DEIR, p. 5-20) F. Construction of Hospital Only 1 . Description The "Construction of the Hospital Only" alternative would result in a smaller development with no medical office buildings, cancer center, or _ fitness rehabilitation center. This alternative was considered as a means . to reduce the overall impact of the Project while still providing the community with a regional hospital. (DEIR, p. 5-20) 2. Finding This alternative has the potential to reduce environmental impacts and it meets the City's objectives. This alternative, however, does not attain the Project applicant's objectives. 3. Supporting Explanation The "Construction of Hospital Only" alternative would result in reduced impacts relative to aesthetics, air quality, and transportation since there would be a reduction in the total footprint of development. Therefore, the visual impact, trips generated by the Project, and short- and long-term air quality impacts would be less than those associated with the Project. Noise impacts associated with mechanical equipment could be reduced. While this alternative meets the City's objectives to encourage future development of a regional hospital and related services, and ensure compatibility of the proposed Project with surrounding uses, it fails to meet _ the City's objective to support development of biomedical, research, and . office facilities to diversify Temecula's economic and employment base. . Furthermore, it does not meet applicant's objective to provide a regional hospital facility that includes standard hospital services, with outpatient care, rehabilitation, and medical offices since it would result only in construction of the hospital, and would not provide the same levels of rehabilitation or any of the medical office uses stated in the applicant's objectives. (DEIR, p. 5-22) Section 7. Findings Concerning Project Benefits and Statement of Overriding Considerations Pursuant to State CEQA Guidelines Section 15093, the City Council must balance the benefits of the Temecula Regional Hospital against any unavoidable environmental impacts in determining whether to recommend approval of the Temecula Regional Hospital. If the benefits of the Temecula Regional Hospital outweigh the unavoidable adverse environmental impacts, those impacts may be considered "acceptable." The City Council hereby finds that the Final EIR has identified and discussed significant effects that will occur as a result of the Temecula Regional Hospital. With the implementation of the mitigation measures discussed in the Final EIR, these effects can be mitigated to a less than significant level except for the unavoidable significant impacts as discussed in Section 5 of these Findings. . The City Council declares that it has made a reasonable and good faith effort to eliminate or substantially mitigate the potential impacts resulting from the Temecula Regional Hospital. The City Council finds that to the extent any mitigation measures recommended in the Final EIR could not be incorporated, such mitigation measures are infeasible because they would impose restrictions on the Temecula Regional Hospital that would prohibit the realization of specific economic, social, and other benefits, including the provision of employment opportunities for highly trained workers. The City Council further finds that , such changes or alterations are within the responsibility and jurisdiction of another public agency and not the City of Temecula. Such changes have been adopted by such other agency or can and should be adopted by such other agency. The City Council declares that, having reduced the adverse significant environmental effects of the Temecula Regional Hospital to the extent feasible by recommending adopting of the proposed mitigation measures, having considered the entire administrative record on the Temecula Regional Hospital, and having weighed the benefits of the Temecula Regional Hospital against its unavoidable adverse impacts after mitigation, the City Council has determined that the following social, economic, and environmental benefits of the Temecula Regional Hospital outweigh the potential unavoidable adverse impacts and render those potential adverse environmental impacts acceptable based upon the following overriding considerations: . 1. The proposed Temecula Regional Hospital will provide necessary medical services to the local community, including but not limited to emergency, acute, outpatient, and cancer medical care and physical rehabilitation services. 2. The proposed Temecula Regional Hospital will provide the region with new e employment opportunities for highly trained medical and medical services workers. 3. The proposed Temecula Regional Hospital will support the diversification of Temecula's economic and employment base, including but not limited to biomedical, research, and office facilities. 4. The Temecula Regional Hospital will be centrally located, with access from a major roadway, to best serve the medical service needs of local residents and the region. The City Council finds that the foregoing benefits provided to the public through approval of the Temecula Regional Hospital outweigh the identified significant adverse environmental impacts of the Temecula Regional Hospital that cannot be mitigated. The City Council further finds that each of the Temecula Regional Hospital benefits outweighs the unavoidable adverse environmental effects identified in the Final EIR and therefore finds those impacts to be acceptable. Each of the benefits listed above, standing alone, is sufficient justification for the City Council to override these unavoidable environmental impacts. Section 8. Review and Independent Judgment of the Council. The City Council finds that it has reviewed and considered the Final EIR in evaluating the e Project, that the Final EIR is an accurate and objective statement that fully complies with the CEQA, State CEQA Guidelines and the City's local CEQA Guidelines and that the Final EIR reflects the independent judgment of the Council. Section 9. Certification of EIR. The City Council hereby certifies the Environmental Impact Report based on the following findings and conclusions: A. Finding The following significant environmental impacts have been identified in the Final EIR and will require mitigation as set forth in Section 6 of this Resolution but cannot be mitigated to a level of less than significant: short-term and long-term Project and cumulative air quality impacts, noise impacts associated with the potential number of emergency helicopter flights, and cumulative traffic and circulation impacts. B. Conclusions 1. All significant environmental impacts of the Temecula Regional Hospital's construction and operation have been identified in the Final EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of less than significant, except for those impacts listed in Section 5 of this Resolution. e e . , i. 2. Other reasonable alternatives to the Temecula Regional Hospital that could feasibly achieve the basic objectives of the Temecula Regional Hospital have been considered and rejected in favor of the Temecula Regional Hospital. 3. Environmental, economic, social and other considerations and benefits derived from the development of the Temecula Regional Hospital override and make infeasible any alternatives to the Temecula Regional Hospital or further mitigation measures beyond those incorporated into the Temecula Regional Hospital. Section 10. Adoption of a Mitigation Monitoring and Reporting Program. The City Council hereby adopts the Mitigation Monitoring and Reporting Program in $li!Ct!QQc;;i; of the Final EIR and attached to this Resolution as Exhibit A. Exhibit A is allached hereto and incorporated herein by this reference as though set forth in full. In the event of any inconsistencies between the mitigation measures as set forth herein and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control. Section 11. Location of Records. The documents and materials that constitute the record of proceedings on which these Findings have been based are located at the City of Temecula, 43200 Business Park Drive, Temecula, California 92590. The custodian for these records is the City of Temecula Planning Director. This information is provided in compliance with Public Resources Code Section 21081.6. Section 12. 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 day of 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, .Susan W. Jones, MMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 05-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of November, 2005, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk e e e . . EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM . . i. . :i: ~ C) o 0:: a.. ~ o ll. W c::: c Z lo..... <(.2 C) z 02 o I- - Z o :E z o ~ C) - I- - :E ~ - a. en o ;J: /-'!...J <: :l", .': / ""('..~ /..}>' 'z~/ / I.Ii;f '.~";i ~..... / aW W~ 0:=< <~ ...ILL ::> (,) w :E w to- w ::I: to- Q)N >0> .... "C LO l'llCON _Q)..l<:0> j E ..... ro (,) t:~- Q) ro D..1,-~ ._.Ai<z.--- .. (J)~' (l) ro V" .... OJ.5 ()): ! o C Vl - '/ .- ::J ro 1.1 >. C "^ -/.. " ...., C LLI ::J,;i' \" ;, ~ (,)" f \ \, ..., wO c., / \, - 0 Q)'" .' \, (,or. N:-E11/y" /~'" C9'"~' ./ .' "'<I" ""." .' r . .7 1-....". 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(lJ On. 00-0.9 -g~ en enD:: ~-o 0.1:: CD ~<J)S D:: (lJ D::.2> t--. c: t--.'c 0 (lJI >.ctl >.ro sa::: _ ro..croe>'Cctl 'c.E ;: ~ ;: ro ctlo-o ctl-o.l:: .l::n..c:2 E>t:: ro e>ro"5 .2>_ .2>_ co 0 0 ctl 0 0 IoIo::<o..c::::<c::rn . . . . . e . ATTACHMENT NO.3 PC RESOLUTION NO. 05-_ (GENERAL PLAN AMENDMENT) R\C U P\2004\04~0463 Temecula Regional Hospital\PC 11-16-05\PC.ST AFFREPORTII-16-05 v2.doc 38 I. I I 'I I I i I I. . PC RESOLUTION NO. 05-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE ELEMENT TO REMOVE EIGHT (8) SUBJECT PARCELS FROM THE Z "FUTURE SPECIFIC PLAN" OVERLAY DESIGNATION AND CORRESPONDING TWO STORY HEIGHT RESTRICTION FOR A SITE ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD," AND KNOWN AS ASSESSOR'S PARCEL NOS. 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0462) WHEREAS, Universal Health Services of Rancho Springs, Inc. (UHS), filed Planning Application Nos. PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463 Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner.in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 70 feet west of Margarita Road, known as Assessors Parcel No(s). 959- 080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"); and WHEREAS, the Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act; and, WHEREAS, the Planning Commission considered the Project on April 6, 2005, 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 mailer; and WHEREAS, the Planning Commission, based on testimony presented by the general public, determined that a Focused Environmental Impact Report would be required for this Project; and WHEREAS, on April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Focused Environmental Impact Report for the Project; and WHEREAS, a Draft Focused Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California R:ICity Council Agenda Manager\20051112205lRegional Hospita~Hospital Staff Report and ResoslPC Reso GP.DOC Environmental Quality Act Guidelines and circulated for public review from September 28, 2005 through October 8, 2005; and e WHEREAS, the Planning Commission again considered the Project on November 16, 2005, 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; and WHEREAS, The Planning Commission adopted Resolution No. 05-_ recommending that the City Council certify the Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project; and WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recitals. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findings. The Planning Commission in recommending approval of the Application makes the following findings: A. The amendment is consistent with the direction, goals and policies of the . adopted General Plan. The goals and policies in the Land Use Element of the General Plan encourage "a complete and integrated mix of residential, commercial, industrial, public and open space land uses (Goal 1)," "a City of diversified development character where rural and historical areas are protected and co-exist with newer urban development (Goal 2)," and "A City which is compatible and coordinated regional land use patterns (Goal 8)." The Project provides a regional use that is needed in the community and surrounding region. There is currently a lack of medical treatment facilities in the community capable of providing adequate medical care for the general population. The Project integrates public medical facilities necessary for the demand of the current and future population. The Project is situated adjacent to residential uses and a State highway. The Project has been designed to mitigate various potentially significant impacts via an environmental assessment in which circulation, noise, light and glare, biological and air quality has been reviewed the conditioned so the project can co-exist with the surrounding rural residential area. The Project is consistent with the purpose and intent of the Professional Office (PO) designation, which allows low and mid rise structures that provide uses such as community facilities. In addition, the Project is consistent with the development standards of the Development Code and associated Planned Development Overlay (PDO-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The site is therefore properly planned and zoned and found to be physically suitable for the type of the proposed use. The Project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). e R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\PC Resa GP.DOC . . ,. B. The amendment will not have a significant impact on the character of the surrounding area. The amendment 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 Project allowed by the amendment is compatible with the nature, condition and development of adjacent uses, buildings, and structures and as designed and conditioned the proposed conditional use will not adversely affect the adjacent uses, buildings or structures because there was an initial study prepared, which identified potentially significant environmental impacts and a mitigation monitoring program was adopted that mitigates potentially significant impacts such as traffic, air quality, noise, light and glare, and biological to a less than significant level. For example, access points have been designed to reduce the amount of traffic leaving the project site towards residential areas by eliminating left turn options and focusing the primary access points along the State highway. Additional landscaping and berming are included in the conditions of approval to screen the height and reduce noise. The tallest buildings were relocated closer to the State highway, away from the residential area to reduce the appearance of the height; this will also reduce the noise from the emergency room area. Sound blankets are required during initial grading and construction activities to mitigate construction noise. There are conditions in place requiring helicopters arriving and leaving the project site to utilize commercial and the State highway corridor rather than residential areas. Emergency vehicles are required to turn off sirens no less than 'A mile from the project site. The project is a conditionally permitted use as has been designed and conditioned (including mitigation measures) in manner that will reduce any potentially significant impacts to the surrounding neighborhood. The building and the site are designed to respect the surrounding area and uses and therefore will not adversely affect the adjacent uses, buildings or structures. C. The nature of the Project allowed by the amendment is not detrimental to the health, safety and general welfare of the community. The Project is a 320-bed hospital and a helipad. The nature of this use, as conditioned, is not detrimental to the health, safety and general welfare of the community because the Project is providing a service that is needed in the community and region and it has been designed to minimize any adverse impacts, including health, safety and general welfare to the surrounding community. The Project will actually contribute to the long term viability and longevity of the community by providing additional medical care facilities. In addition, prior to the issuance of any building permit, the California Office of Statewide Health and Planning Development (OSHPOD) as well as the City of Temecula Building Department and Fire Department will review the construction plans for compliance with the Uniform Building Code and Uniform Fire Code. D. The heliport is consistent with the requirements described in subsection 2 and 3 of Section 17.10.020.P City of Temecula Development Code. The proposed helipad facility is consistent with the requirements described in Section 17.10.020.P of the City of Temecula Development Code, including setbacks from parks, school and residentially zoned parcels. R:\City Council Agenda Manager\2005\112205\Regionar Hospital\Hospital Staff Report and Resos\PC Resa GP.DOC Section 3. Recommendation. The Planning Commission for the City of Temecula hereby recommends that the City Council approve an amendment to the _ Land Use Element of the General Plan to remove the eight (8) subject parcels of the . Project from the Z2 Overlay designation and corresponding height restriction for the site located on the north side ;of Highway 79 South, approximately 700 feet west of Margarita Road, and known as Assessor's Parcel Nos. 959-080-001 through 959-080- 004 and 959-080-007 through 959-080-010, as shown on attached Exhibit "An. Section 5. PASSED, APPROVED AND ADOPTED this 16th day of November 2005. David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] e STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 05-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 16th day of November 2005 by the following vote of the Commission: AYES: PLANNING COMMISSIQNERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSTAIN: Debbie Ubnoske, Secretary . w R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Aesos\PC Rase GP.DOC e . . EXHIBIT A CITY COUNCIL RESOLUTION 05-_ (GENERAL PLAN AMENDMENT) R:\City Council Agenda Manager\2005\112205\Regional HospitaJ\Hospital Staff Report and Resos\CC Reso GP.doc . I I . . RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE ELEMENT TO REMOVE EIGHT (8) SUBJECT PARCELS FROM THE Z "FUTURE SPECIFIC PLAN" OVERLAY DESIGNATION AND CORRESPONDING TWO STORY HEIGHT RESTRICTION FOR A SITE ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, AND KNOWN AS ASSESSOR'S PARCEL NOS. 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0462) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findinas. The City Council of the City of Temecula does hereby find, determine and declare that: A. Universal Health Services of Rancho Springs, Inc.(UHS), filed Planning Application Nos. PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463 Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the properly consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 70 feet west of Margarita Road, known as Assessors Parcel No(s). 959-080-001 through 959- 080-004 and 959-080-007 through 959-080-010 ("Project"). B. The Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. The Planning Commission considered the Project on April 6, 2005, 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 mailer. , D. The Planning Commission, based on testimony presented by the general public, determined that a Focused Environmental Impact Report would be required for this Project. E. On April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Focused Environmental Impact Report for the Project. R:\City Council Agenda Manager\2005\ 112205\Regional Hospital\Hospilal Staff Report and Resos\CC Reso GP.doc F. A Draft Focused Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California . Environmental Quality Act Guidelines and circulated for public review from September 28, 2005 through October 8, 2005. G. The Planning Commission again considered the Project on November 16, 2005, 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; and H. Following consideration of the entire record of information received at the public hearings, the Planning Commission adopted Resolution No. 05-_ recommending that the City Council certify the Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project. I. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 05-_ , recommending approval of a General Plan Amendment. J. The City Council has held a duly noticed public hearing on November 22, 2005, to consider the proposed General Plan Amendment. K. Following consideration of the entire record of information received at the _ public hearings before the Planning Commission and the City Council, and due . consideration of the proposed Project, the City Council adopted Resolution No. 05- , entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR PLANNING APPLICATION NOS. PA04-0462 (GENERAL PLAN AMENDMENT) PA05-0302 (ZONE CHANGE), PA04-0463 (CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN) AND PA04-0571 (TENTATIVE PARCEL MAP) AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE PROPERTY CONSISTING OF APPROXIMATELY 35.31 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 70 FEET WEST OF MARGARITA ROAD, KNOWN AS ASSESSORS PARCEL NO(S). 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0462, PA05-0302, PA04-0463, PA04-0571)." The Final Environmental Impact Report (FEIR) and mitigation monitoring reporting program accurately addresses the impacts associated with the adoption of this Resolution. L. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Findinas. The City Council of the City of Temecula hereby makes the following findings: . R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Rasa GP.doc !. I. :. A. The amendment is c;:onsistent with the direction, goals and policies of the adopted General Plan. The goals and policies in the Land Use Element of the General Plan encourage "a complete and integrated mix of residential, commercial, industrial, public and open space land uses (Goal 1)," "a City of diversified development character where rural and historical areas are protected and co-exist with newer urban development (Goal 2)," and "A City which is compatible and coordinated regional land use pallerns (Goal 8)." The Project provides a regional use that is needed in the community and surrounding region. There is currently a lack of medical treatment facilities in the community capable of providing adequate medical care for the general population. The Project integrates public medical facilities necessary for the demand of the current and future population. The Project is situated adjacent to residential uses and a state highway. The Project has been designed to mitigate various potentially significant impacts via an environmental assessment in which circulation, noise, light and glare, biological and air quality has been reviewed the conditioned so the Project can co-exist with the surrounding rural residential area. The Project is consistent with the purpose and intent of the Professional Office (PO) designation, which allows low and mid rise structures that provide uses such as community facilities. In addition, the Project is consistent with the development standards of the Development Code and associated Planned Development Overlay (PDO-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The site is therefore properly planned and zoned and found to be physically suitable for the type of the proposed use. The Project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). B. The amendment will not have a significant impact on the character of the surrounding area. The amendment 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 Project allowed by the amendment is compatible with the nature, condition and development of adjacent uses, buildings, and structures and as designed and conditioned the proposed conditional use will not adversely affect the adjacent uses, buildings or structures because there was an initial study prepared, which identified potentially significant environmental impacts and a mitigation monitoring program was adopted that mitigates potentially significant impacts such as traffic, air quality, noise, light and glare, and biological to a less than significant level. For example, access points have been designed to reduce the amount of traffic leaving the Project site towards residential areas by eliminating left turn options and focusing the primary access points along the state highway. Additional landscaping. and berming are included in the conditions of approval to screen the height and reduce noise. The tallest buildings were relocated closer to the state highway, away from the residential area to reduce the appearance of the height; this will also reduce the noise from the emergency room area. Sound blankets are required during initial grading and construction activities to mitigate construction noise. There are conditions in place requiring helicopters arriving and leaving the Project site to utilize commercial and the state highway corridor rather than residential areas. Emergency vehicles are required to turn off sirens no less than '.4 mile from the Project site. The Project is a conditionally permilled use as has been designed and conditioned (including mitigation measures) in manner that will reduce R:\City Council Agenda Manager\2005\ 112205\Regional Hospital\Hospital Staff Report and Resos\CC Resa GP .doc any potentially significant impacts to the surrounding neighborhood. The building and the site are designed to respect the surrounding area and uses and therefore will not . adversely affect the adjacent uses, buildings or structures. C. The nature of the Project allowed by the amendment is not detrimental to the health, safety and general welfare of the community. The Project is a 320-bed hospital and a helipad. The nature of this use, as conditioned, is not detrimental to the health, safety and general welfare of the community because the Project is providing a service that is needed in the community and region and it has been designed to minimize any adverse impacts, including health, safety and general welfare to the surrounding community. The Project will actually contribute to the long term viability and longevity of the community by providing additional medical care facilities. In addition, prior to the issuance of any building permit, the California Office of Statewide Health and Planning Development (OSHPOD) as well as the City of Temecula Building Department and Fire Department will review the construction plans for compliance with the Uniform Building Code and Uniform Fire Code. D. The heliport is consistent with the requirements described in subsection 2 and 3 of Section 17.10.020.P City of Temecula Development Code. The proposed helipad facility is consistent with the requirements described in Section 17.10.020.P of the City of Temecula Development Code, including setbacks from parks, school and residentially zoned parcels. Section 3. Amendments to the General Plan Text. The City Council hereby _ amends the Land Use Element of the General Plan to remove eight subject parcels . from the Z "Future Specific Plan" overlay designation and corresponding two-story height restriction for a site located on the north side Highway 79 South, approximately 700 feet west of Margarita Road, generally known as Assessor Parcel Numbers 959- 080-001 through 959-080-004 and 959-080-007 through 959-080-010 (Amending Figure LU-4 of the Land Use Element of the General Plan as shown on Exhibit A, Existing General Plan; Exhibit B Proposed General Plan allached hereto and incorporated herein as though set forth in full.) Section 4. Severabilitv. The City Council hereby declares that the provisions of this Resolution are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Resolution to be invalid, such decision shall not affect the validity of the remaining parts of this Resolution. Section 5. The City Clerk shall certify the adoption of this Resolution. e R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Raso GP.doc e . I I :. , : PASSED, APPROVED AND ADOPTED this 22nd day of November, 2005. Jeff Comerchero, Mayor ATTEST: Susan Jones, MMC City Clerk [SEAL] . STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 05-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the 22nd day of November, 2005, by the following vote: AYES: COUNCILMEMBERS: COUNCILMEMBERS: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS Susan Jones, MMC City Clerk R:ICity Council Agenda Manager\20051112205IRegional HospitallHospilal Staff Report and ResoslCC Reso GP.doc e . . EXHIBIT A CITY COUNCIL RESOLUTION 05-_ (EXISTING GENERAL PLAN) R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Reso GP.doc I i i. 'I C I T Y " Land Use Exhibit A - Existing A I. L A N o u S E I. /,' ( " Figure LU-4 Specific Plan Areas CITY Or TEMEECULA GENERAL PLAN Approved Specific Plans sp- 1 Roripaugh Hills sp- 2 Rancho Hlghlands SpA 3 Margarita Village sp. -4 PalomaIPaseo Del Sol SP. 5 QldTown SP- 6 Campos Verdes SP- 7 Temecula Regiorlal Center SP- 8 V'iestsldeMnages at Ol<llown SPA 9 Redhawk SP-10 Vail Ranch SP-11 RoripaughRanch SP-12 \M:IlfCreek SP-13 Harveston PD()-4 Temecula Creek Village PD~ Rancho Pueblo # 106 Dutro Vmage # 184 Rancho BaUa Vista #213 V'AnchesterPropel1ieslSilverhawk # 265 Boret Airpark It 284 Quinta Do lago 1# 286 V'Anchester 1800 "238 Crown Valley Village 1# 313 Morgan Hill Future Specific Plans Y SpecifIC Plan Area Y Z Specific Plan Area Z 't 'Ii ~ " ~ _.__1 _ f'P~f-S- _""",o'-oS' I' i o o ~ '" ~ ~ ~- '6 ''& '" \ 'il. \.....tn"~\N.ES- W'~ Temecula City Boundary Sphere of Influence BOundary Plaming Area SouI<:ol.:Teme<::l.llaGlSllndCo\\on/Bl\ClgeIllAssocla\oo W+EO S 250 500 , Feet o F , ~ 't "- / cP'",0 0",.0<<' \ " ;; % o q \ ,.\ , \ \" \ \ , RO-- 'O"te.MECI.J\;A _\I\1'R\ LOU" UNOft, RO TEMECULA LU-28 G ENE R. A L P LAN . . . EXHIBIT B CITY COUNCIL RESOLUTION 05-_ (PROPOSED GENERAL PLAN) R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Raso GP.doc :. I I. I , I , 'i. A L A N o u S E /,' / , , Figure LU-4 Specific Plan Areas CITY OF TEMECULA GENERAL PLAN Approved Specific Plans sp- 1 Roripaugh Hills sp- 2 Rancho t{igh\arIds sp- 3 Marganta Village SP- 4 PalomalPaseo Del Sol Sf'- 5 Old Town SP- 6 Campos Verdes SP- 7 Temecula Regional Center Sf'- e Wes.tsideNUlagesatOldTtmn sp. 9 Redhawk SP.lO Vail Ranch SP-11 RlXipaugh Rand'\ SP.12 Wolf Creek SP-13 Harvesta'l POO-4 Temecula Creek. Village PDQ-5 Rancho Pueblo 11106 Dutch Village #- 184 RanchG Bella Vista II 213 'Ninchester PropertieslSilVerhawk "265 Borel Airpark #- 284 Qui1'\ta Do Lag<) # 286 \lVinchester 1800 II 238 Crown VaNey Village # 313 Morgan Hill Future Specific Plans Y SpecifIC Plan Area Y Z SpecifIC Plan Area Z p..O'P-~S .osf> c>"-" . <. j. 1':. g, 'b , \ \ ... ~ 'r , , r o o '!, "' " 10 ~ '?,. '% '" \ ~ - _\ \dtSf.~.JNE.S .v\~';:)t'.'~. _ . _ Temecula City Boundary Sphere 0{ Inf\ueflCe B()\.lNjaTy Plaming Area Souroe:TemeaJlaGlSandCotlllfliBrIdgesIAssooiules w4EO S LOM,I\LlNDARD .- 250 500 1 Feet C T Y o F TEMECULA LlHS G ENE R. A L r LAN ;Land Use IExhibit B - Proposed . . . ATTACHMENT NO.4 PC RESOLUTION NO. 05-_ (ZONE CHANGE) R:\C U P\2004\04-0463 Temecula Regional Hospital\PC 11-16-05\PC-ST AFFREPORTI1-16-05 v2.doc 39 . . . PC RESOLUTION NO. 05-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA FROM PROFESSIONAL OFFICE (PO) AND PLANNED DEVELOPMENT OVERLAY (PDO-8) TO PLANNED DEVELOPMENT OVERLAY-9 (PDO-9) AND ADDING SECTIONS 17.22.200 THROUGH 17.22.206 TO THE TEMECULA MUNICIPAL CODE FOR A SITE GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD" AND KNOWN AS ASSESSORS PARCEL NOS. 959-080-001 THROUGH 959- 080-004 AND 959-08-007 THROUGH 959-080-010 (PA05- 0302) WHEREAS, Universal Health Services of Rancho Springs, Inc. (UHS), filed Planning Application Nos. PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463 Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 70 feet west of Margarita Road, known a~ Assessors Parcel No(s). 959- 080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"); and WHEREAS, the Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act; and, WHEREAS, the Planning Commission considered the Project on April 6, 2005, 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 mailer; and WHEREAS, the Planning Commission, based on testimony presented by the general public, determined that a Focused Environmental Impact Report would be required for this Project; and WHEREAS, on April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Focused Environmental Impact Report for the Project; and R:\City Council Agenda Manager\2005\ 112205\Regional Hospital\Hospital Staff Report and Resos\PC Resa Zone Ord.DOC WHEREAS, a Draft Focused Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California . Environmental Quality Act Guidelines and circulated for public review from September 28, 2005 through October 8, 2005; and WHEREAS, the Planning Commission again considered the Project on November 16, 2005, 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 mailer; and WHEREAS, The Planning Commission adopted Resolution No. 05-_ recommending that the City Council certify the Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project; and WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findinos. The Planning Commission, in recommending approval of Planning Application No. PA04-0462 hereby makes the following findings: A. The proposed Zone is consistent with the land use designation of the General Plan of the City of Temecula in which the use is located, as shown on the Land e Use Map. The proposed zone change is consistent with the related General Plan Amendment, the site is physically suitable for the. type of uses that will occur in this area, and the proposed zone change would further the City's long-term economic development goals. B. The proposed change of zone conforms to the General Plan and the use is in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed change of zone allows for a use that will provide the diversity of uses desired in the General plan and will create a balanced community with additional public services available to the community. Section 2. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council adopt Ordinance 05-_ changing the zoning designation from Professional Office (PO) and Planned Development Overlay (PDO-8) to Planned Development Overlay (PDO-9), adopt sections 17.22.200 through 17.22.206 including the PDO text and development standards in the form allached to this resolution as Exhibit A, and change the official Zoning Map to show the boundaries of the proposed PDO-9 in the form allached to this resolution as Exhibit B. e R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\PC Rese Zone Ord.DOC . Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 16th day of November, 2005. David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) . I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby that the PC Resolution No. 05-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16th day of November, 2005, by the following vote of the Commission: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary . R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\PC Resa Zone Ord.DOC e . . EXHIBIT A PROPOSED CITY COUNCIL ORDINANCE NO. 05_ (ZONE CHANGE) R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Zone Ord.doc :e " I . I I " :. ORDINANCE NO. OS-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA FROM PROFESSIONAL OFFICE (PO) AND PLANNED DEVELOPMENT OVERLAY (PDO-8) TO PLANNED DEVELOPMENT OVERLAY-9 (PDO-9) AND ADDING SECTIONS 17.22.200 THROUGH 17.22.206, TO THE TEMECULA MUNICIPAL CODE FOR A SITE GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD AND KNOWN AS ASSESSORS PARCEL NOS. 959-080-001 THROUGH 959-080- 004 AND 959-08-007 THROUGH 959-080-010 (PA05-0302) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findinos. The City Council of the City of Temecula does hereby find, determine and declare that: A. Universal Health Services of Rancho Springs, Inc. (UHS), filed Planning Application Nos. PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463 Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the properly consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 70 feet west of Margarita Road, known as Assessors Parcel No(s). 959-080-001 through 959- 080-004 and 959-080-007 through 959-080-010 ("Project"). B. The Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act.. C. The Planning Commission considered the Project on April 6, 2005, 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 mailer. D. The Planning Commission, based on testimony presented by the general public, determined that a Focused Environmental Impact Report would be required for this Project. E. On April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Focused Environmental Impact Report for the Project. R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Zone Ord.doc F. A Draft Focused Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California e Environmental Quality Act Guidelines and circulated for public review from September 28, 2005 through October 8, 2005. G. The Planning Commission again considered the Project on November 16, 2005, 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; and H. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 05-_ recommending that the City Council certify the Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project. I. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2005-, recommending that the City Council approve a Zone Change to amend the land use designation from Professional Office and Planned Development Overlay (PDO-8) to Planned Development Overlay (PDO-9) and adopt Sections 17.22.200 through 17.22.206, including the PDO text and development standards for property generally located north of Highway 79 South, approximately 700 feet west of Margarita road, known as Assessors Parcel No(s). 959- 080-001 through 959-080-004 and 959-080-007 through 959-080-010. e J. The City Council has held a duly noticed public hearing on November 22, 2005 and , 2005 to consider the proposed General Plan Amendment. K. Following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council, and due consideration of the proposed Project, the City Council adopted Resolution No. 05- , entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR PLANNING APPLICATION NOS. PA04-0462 (GENERAL PLAN AMENDMENT) PA05-0302 (ZONE CHANGE), PA04-0463 (CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN) AND PA04-0571 (TENTATIVE PARCEL MAP) AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE PROPERTY CONSISTING OF APPROXIMATELY 35.31 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 70 FEET WEST OF MARGARITA ROAD, KNOWN AS ASSESSORS PARCEL NO(S). 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0462, PA05-0302, PA04-0463, PA04-0571)." The Final Environmental Impact Report (FEIR) and mitigation monitoring . R:\City Council Agenda Manager\2005\112205\Regional HospitaJ\Hospital Staff Report and Resos\CC Zone Ord.doc e . . reporting program accurately addresses the impacts associated with the adoption of this Resolution. L. The proposed zone change is consistent with the proposed land use designation for the General Plan and the related General Plan text amendment. The PDO text, as proposed is also consistent with the General Plan and related General Plan Amendment M. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Zone Chanoe. The City Council of the City of Temecula hereby amends the Official Zoning Map of the City of Temecula by changing the zoning designation from Professional Office (PO) and Planned Development Overlay (PDO-8) to Planned Development Overlay (PDO-9) for the properly consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 70 feet west of Margarita Road, and specifically known as Assessors Parcel No(s). 959- 080-001 through 959-080-004 and 959-080-007 through 959-080-010 (Amending the official Zoning Map as shown on Exhibit A, Existing Zoning; Exhibit B Proposed Zoning attached hereto and incorporated herein as though set forth in full.). Section 3. Zone Text Amendment. The City Council of the City of Temecula hereby adds Sections 17.22.200 through 17.22.206 to read as follows: "TEMECULA HOSPITAL PLANNED DEVELOPMENT OVERLAY DISTRICT 17.22.200 TITLE. Sections 17.22.200 through 17.22.206 shall be known as "PDO-9" (Temecula Hospital Planned Overlay District). 17.22.202 PURPOSE AND INTENT. The Temecula Hospital planned development overlay district is intended to provide for design flexibility with regards to the building height of hospital projects. Other aspects of this PDO will be consistent with the land use designations that are described in the land use e,lement of the Temecula general plan. 17.22.204 RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN GUIDELINES. Except as modified by the provisions of Section 17.22.206, the following rules and regulations shall apply to all planning applications in this area: 1. The development standards in the Development Code that would apply to any development in a Professional Office zoning district that are in effect at the time an application is deemed complete. R:\City Council Agenda Manager\2005\112205\Regional HospitaN-lospital Staff Report and Resos\CC Zone Ord.doc 2. The Citywide Design Guidelines that are in effect at the time an application is _ deemed complete. . 3. The approval requirements contained in the Development Code that are in effect at the time the application is deemed complete. 4. Any other relevant rule, regulation or standard that is in effect at the time the application is deemed complete. 17.22.206 DEVELOPMENT STANDARDS. The development standards set forth in Chapter 17.08 apply to this PDO with the exception of the following modification to allowable building heights. The maximum allowable building heights, as defined in Chapter 17.34 for hospital buildings in the Temecula Hospital PDO District shall be limited as follows: No more than 30% of the total roof area of the hospital building may exceed the 75-foot building height limit. The maximum building height for those portions of the hospital building within the 30% area may not exceed 115 feet. For the purposes of this PDO, roof area is defined as that portion of the roof above occupied conditioned spaces bound by the inside face of the parapet wall that defines the roof area." Section 4. Severabilitv. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not . affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] e R:\City Council Agenda Manager\2005\ 112205\Regional HospitallHospital Staff Report and Resos\CC Zone Ord.doc '. Ie ! . STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 05-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 22nd day of November, 2005 and thatthereafler, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 2200 day of November, 2005, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk R:ICity Council Agenda Manager\20051112205lRegional HospitallHospital Staff Report and ResoslCC Zone Ord.doc . . . . EXHIBIT A PROPOSED CITY COUNCIL ORDINANCE NO. OS-_ EXISTING ZONING R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Zone Ord.doc e I. , i I , I. , Zone Change " Exhibit A - Existing /// " r / / Zoning _ Hlsicle Residential (HR) D Very Low Density Residential (VL) _ Low Density Residential (L-1) _LowDensilyResidenlial(L-2) CJ LowMedkm DeoSity Residential (LM) _ Medium Density ReSidential (M) _ Hgh Oeo5i1y Residential (H) _ Rufllll Residenlial (RR) _ NflighborhoodCorrmertial (NC) _ Corrmunily Commerdal (eC) _ HghwayfTQtlIist Commurcial (HT) _ 8erYI0ll <Axnmerdal (SC) . Profenional OftiOll (PO) _BusiF'HlSSPark(BP) ITS]lightlnduslrial(LI} @?i] Public Institutional (PI) _ ~enSpace(OS) _ Public Par1I.& Recreation (PR) _ Conservation (OS-C) _ Planned DevelopmentOvellay . Specific Plan (SP) Proposed . Specilic P1en Approved _TribalTrust(T1} VL e . . EXHIBIT B PROPOSED CITY COUNCIL ORDINANCE NO. OS-_ PROPOSED ZONING R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Zone Ord.doc e . . Zone Change Exhibit B - Proposed / / / " '- /" / / Zoning . Hl$IdeResldenllal(HR) Overy Low Density Residential (Vl) _ Low Density Residential (L-1) _ low Density Residential (L-2) D Low MedUn Density Residential (tM) _ Medium Density Residential (M) _ Hgh Density Residential (H) _ Rural Residential (RR) _ Neighborhood COnmertial (Ne) _ Community Commercial (ce) _ tfghwayfTourisl Commercial IHT) _ Service Commerdal(SC) _ProfesslcnalOlliOll(PO) . Busines:sPark(Bp) [2E] light lnduslrial (U) !:::mPubllclnstitutlonal(PI} . OpenSp8Ce{OS) . Public Park & Recrealion(PRj _ COnservllion (OS-C) _P1annedDeveloprnentOverlay _SpeciflCPlan(sp)Proposed _SpecifiePlanApproved _TribalTrusl(T1} ~ ~ ::.----- ------- VL ----- ------- . . . ATTACHMENT NO.5 PC RESOLUTION NO. 05-_ (CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN) R:\C U N004\04-0463 Temecula Regional Hospital\PC 11-16-05\PC-STAFFREPORTll~16-05 v2.doc 40 e PC RESOLUTION NO. 05-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH A 320-BED HOSPITAL FACILITY AND HEll PAD; AND A DEVELOPMENT PLAN TO CONSTRUCT A 408,160 SQUARE FOOT HOSPITAL, A HELlPAD, TWO MEDICAL OFFICE BUILDINGS TOTALING 140,000 SQUARE FEET, A 10,000 SQUARE FOOT CANCER CENTER AND AN 8,000 SQUARE FOOT FITNESS REHABILITATION CENTER ALL TOTALING 566,160 SQUARE FEET ON 35.31 ACRES," LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, KNOWN AS APN: 959-080-001 THROUGH 959- 080-004 AND 959-080-007 THROUGH 959-080-010 (PA04- 0463) . WHEREAS, Universal Health Services of Rancho Springs, Inc. (UHS), filed Planning Application Nos. PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463 Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 70 feet west of Margarita Road, known as Assessors Parcel No(s). 959- 080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"); and, WHEREAS, the Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act; and, WHEREAS, the Planning Commission considered the Project on April 6, 2005, 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 mailer; and WHEREAS, the Planning Commission, based on testimony presented by the general public, determined that a Focused Environmental Impact Report would be required for this Project; and WHEREAS, on April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Focused I . Environmental Impact Report for the Project; and R:\City Council Agenda Manager\2005\112205\Regionat Hospital\J-Iospital Staff Report and ResQs\PC Rese DP CUP.DOC WHEREAS, a Draft Focused Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California - Environmental Quality Act Guidelines and circulated for public review from September . 28, 2005 through October 8, 2005; and WHEREAS, the Planning Commission again considered the Project on November 16, 2005, 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; and WHEREAS, The Planning Commission adopted Resolution No. 05-_ recommending that the City Council certify the Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project; and WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recitals. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinos. The Planning Commission, in recommending approval of a Conditional Use Permit, Planning Application No. PA04-0463 hereby makes the e following findings as required by Section 17.04.010 of the City of Temecula Municipal Code: A. The proposed conditional use is consistent with the General Plan and the Development Code; the proposal, a request for a 320-bed hospital facility and a helipad, is consistent with the goals and policies contained in the General Plan and land use standards in the Development Code. The goals and policies in the Land Use Element of the General Plan encourage "a complete and integrated mix of residential, commercial, industrial, public and open space land uses; (Goal 1)" "A City of diversified development character where rural and historical areas are protected and co-exist with newer urban development; (Goal 2)" and "A City which is compatible and coordinated regional land use pallerns; (Goal 8)." The proposed Project provides a regional use that is needed in the community. and surrounding region. There is currently a lack of medical treatment facilities in the community capable of providing adequate medical care for the general population. The proposed Project integrates public medical facilities necessary for the demand of the current and future population. The Project is situated adjacent to residential uses and a state highway. The Project has been designed to mitigate various potentially. significant impacts via an environmental assessment in which circulation, noise, light and glare, biological and air quality has been reviewed the conditioned so the Project can co-exist with the surrounding rural residential area. The Project, a hospital facility, is consistent with the purpose and intent of the Professional Office (PO) designation, which allows low and mid rise e R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\PC Resa DP CUP.DOC . . . structures that provide uses such as community facilities. In addition, the Project is consistent with the development standards of the Development Code and associated Planned Development Overlay (PDO-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The site is therefore properly planned and zoned and found to be physically suitable for the type of the proposed use. The Project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). 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 proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings, and structures and as designed and conditioned the proposed conditional use will not adversely affect the adjacent uses, buildings or structures because there was an initial study prepared, which identified potentially significant environmental impacts and a mitigation monitoring program was adopted that mitigates potentially significant impacts such as traffic, air quality, noise, light and glare, and biological to a less than significant level. For example, access points have been designed to reduce the amount of traffic leaving the Project site towards residential areas by eliminating left turn options and focusing the primary access points along the state highway. Additional landscaping and berming are included in the conditions of approval to screen the height and reduce noise. The tallest buildings were relocated closer to the state highway, away from the residential area to reduce the appearance of the height; this will also reduce the noise from the emergency room area. Sound blankets are required during initial grading and construction activities to mitigate construction noise. There are conditions in place requiring helicopters arriving and leaving the Project site to utilize commercial and the state highway corridor rather than residential areas. Emergency vehicles are required to turn off sirens no less than 1A mile from the Project site. The Project is a conditionally permilled use as it has been designed and conditioned (including mitigation measures) in a manner that will reduce any potentially significant impacts to the surrounding neighborhood. The building and the site are designed to respect the surrounding area and uses and therefore will not adversely affect the adjacent uses, buildings or structures. 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 this Development Code and required by the Planning Commission, or City Council in order to integrate the use with other uses in the neighborhood. The conditional use is a request for a 320-bed hospital and helipad on a 35.31 acre site. The Project has been reviewed and it is determined that the Project is in compliance with the development standards of the Development Code and associate Planned Development Overlay (PDO-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The Project also provides amenities such as a multi-use trail between the Project site and the adjacent residences to the north, which will extend a future trail to be constructed in the near future. The site is adequate in size and shape to accommodate the proposed hospital facilities without A:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and ResQs\PC Reso DP CUP. DOC affecting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code. e D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed Conditional Use Permit is for a 320-bed hospital and a helipad. The nature of this use, as conditioned is not detrimental to the health, safety and general welfare of the community because the proposed Project is providing a service that is needed in the community and region and it has been designed to minimize any adverse impacts, including health, safety and general welfare to the surrounding community. The proposed Project will actually contribute to the long term viability and longevity of the community by providing additional medical care facilities. In addition, prior to the issuance of any building permit, the California Office of Statewide Health and Planning Development (OSHPOD) as well as the City of Temecula Building Department and Fire Department will review the construction plans for compliance with the Uniform Building Code and Uniform Fire Code. E. The heliport is consistent with the requirements described in subsection 2 and 3 of Section 17.10.020.P City of Temecula Development Code. The proposed helipad facility is consistent with the requirements described in Section 17.10.020.P of the City of Temecula Development Code, including setbacks from parks, school and residentially zoned parcels. Section 3. Findinas. The Planning Commission, in recommending approval of . Development Plan, Planning Application No. PA04-0463 hereby makes the following findings as required by Section 17.05.01 O.F of the City of Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for the City of Temecula and with all the applicable requirements of state law and other ordinances of the City. The proposed use is in conformance with the goals and policies in the General Plan for the City of Temecula, the Development Code and with all applicable requirements of state law and other ordinances of the City of Temecula because the Project has been reviewed and as designed and conditioned, it has been determined that the Project is consistent with all applicable zoning ordinances, state law and the General Plan. B. The overall development of the land is designed for the protection of the public, health, safety and general welfare. The overall development of the land has been designed for the protection of the public health, safety, and general welfare, because the Project has been designed to minimize any adverse impacts upon the surrounding neighborhood and the Project has been reviewed and conditioned to comply with the uniform building and fire codes. Section 4. Recommendation of Conditional Approval. That the City of Temecula Planning Commission, hereby recommends approval of Planning Application No. PA04-0463, a Conditional Use Permit and a Development Plan for the Project, located on the north side of Highway 79 South, approximately 700 feet west of e R:ICity Councii Agenda Managerl200511 122051Regional Hospita~Hospilal Staff Report and ResoslPC Reso DP CUP.DOC Margarita Road subject to the Conditions of Approval set forth in Exhibit A and Exhibit . B, attached hereto and incorporated herein as though set forth in full. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 16th day of November, 2005. David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary {SEAL} STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) . I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 05-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof ,held on the 16th day of November, 2005, by the following vote of the Commission: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary . R:\City Council Agenda Manager\20051112205\Regional Hospital\Hospital Staff Report and ResoslPC Reso DP CUP.DOC . . . EXHIBIT A CITY COUNCIL RESOLUTION NO. 05-_ (CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN) R:\City Council Agenda Manager\2005\ 112205\Regional Hospital\Hospital Staff Report and Resos\CC Rese DP CUP .doc . I ':. . RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH A 320-BED HOSPITAL FACILITY AND HELlPAD; AND A DEVELOPMENT PLAN TO CONSTRUCT A 408,160 SQUARE FOOT HOSPITAL, A HELlPAD, TWO MEDICAL OFFICE BUILDINGS TOTALING 140,000 SQUARE FEET, A 10,000 SQUARE FOOT CANCER CENTER AND AN 8,000 SQUARE FOOT FITNESS REHABILITATION CENTER ALL TOTALING APPROXIMATELY 566,160 SQUARE FEET ON 35.31 ACRES, LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, KNOWN AS APN: 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0463) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findinas. The City Council of the City of Temecula does hereby find, determine and declare that: A. Universal Health Services of Rancho Springs, Inc. (UHS), filed Planning Application Nos. PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463 Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 70 feet west of Margarita Road, known as Assessors Parcel No(s). 959-080-001 through 959- 080-004 and 959-080-007 through 959-080-010 ("Project"). B. The Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. The Planning Commission considered the Project on April 6, 2005, 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 maller. D. The Planning Commission, based on testimony presented by the general public, determined that a Focused Environmental Impact Report would be required for this Project. R:ICity Council Agenda Managerl200511122051Regional Hospila~Hospilal Staff Report and ResoslCC Reso DP CUP.doc E. On April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Focused . Environmental Impact Report for the Project. F. A Draft Focused Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines and circulated for public review from September 28, 2005 through October 8, 2005. G. The Planning Commission again considered the Project on November 16, 2005, 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 maller. H. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 05-_ recommending that the City Council certify the Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project. I. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 05-_, recommending approval of the Conditional Use Permit and Development Plan for the Project. J. The City Council has held a duly noticed public hearing on November 22, . 2005, 2005 to consider the proposed General Plan Amendment. K. Following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council, and due consideration of the proposed Project, the City Council adopted Resolution No. 05- , entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR PLANNING APPLICATION NOS. PA04-0462 (GENERAL PLAN . AMENDMENT) PA05-0302 (ZONE CHANGE), PA04-0463 (CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN) AND PA04-0571 (TENTATIVE PARCEL MAP) AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE PROPERTY CONSISTING OF APPROXIMATELY 35.31 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 70 FEET WEST OF MARGARITA ROAD, KNOWN AS ASSESSORS PARCEL NO(S). 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0462, PA05-0302, PA04-0463, PA04-0571)." The Final Environmental Impact Report (FEIR) and mitigation monitoring reporting program accurately addresses the impacts associated with the adoption of this Resolution. . R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Aesos\CC Rase DP CUP.doc :. ,I I :. I I . L. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Findinas. The City Council hereby makes the following findings as required by Section 17.04.010 of the City of Temecula Municipal Code: A. The proposed conditional use is consistent with the General Plan and the Development Code; the proposal, a request for a 320-bed hospital facility and a helipad, is consistent with the goals and policies contained in the General Plan and land use standards in the Development Code. The goals and policies in the Land Use Element of the General Plan encourage "a complete and integrated mix of residential, commercial, industrial, public and open space land uses; (Goal 1)" "a City of diversified development character where rural and historical areas are protected and co-exist with newer urban development; (Goal 2)" and "A City which is compatible and coordinated regional land use pallerns. (Goal 8)" The proposed project provide's a regional use that needed in the community and surrounding region. There is currently a lack of medical treatment facilities in the community capable of providing adequate medical care for the general population. The proposed project integrates public medical facilities necessary for the demand of the current and future population. The project is situated adjacent to residential uses and a state highway. The project has been designed to mitigate various potentially significant impacts via an environmental assessment in which circulation, noise, light and glare, biological and air quality has been reviewed the conditioned so the project can co-exist with the surrounding rural residential area. The project, a hospital facility, is consistent with the purpose and intent of the Professional Office (PO) designation, which allows low and mid rise structures that provide uses such as community facilities. In addition, the project is consistent with the development standards of the Development Code and associated Planned Development Overlay (PDO-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The site is therefore properly planned and zoned and found to be physically suitable for the type of the proposed use. The project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). 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 proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings, and structures and as designed and conditioned the proposed conditional use will not adversely affect the adjacent uses, buildings or structures because there was an initial study prepared, which identified potentially significant environmental impacts and a mitigation monitoring program was adopted that mitigates potentially significant impacts such as traffic, air quality, noise, light and glare, and biological to a less than significant level. For example, access points have been designed to reduce the amount of traffic leaving the project site towards residential areas by eliminating left turn options and focusing the primary access points along the state highway. Additional landscaping and berming are included in the conditions of approval to screen the height and reduce noise. The tallest buildings were relocated closer to the state highway, away from the residential area to reduce the appearance of R:ICity Council Agenda Managerl20051 1122051Regional HospitallHospital Staff Report and ResoslCC Reso DP CUP .doc the height; this will also reduce the noise from the emergency room area. Sound blankets are required during initial grading and construction activities to mitigate construction noise. There are conditions in place requiring helicopters arriving and leaving the project site to utilize commercial and the state highway corridor rather than residential areas. Emergency vehicles are required to turn off sirens no less than 'A from the project site. The project is a conditionally permilled use as has been designed and conditioned (including mitigation measures) in manner that will reduce any potentially significant impacts to the surrounding neighborhood. The building and the site are designed to respect the surrounding area and uses and therefore will not adversely affect the adjacent uses, buildings or structures. 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 this Development Code and required by the Planning Commission, or City Council in order to integrate the use with other uses in the neighborhood. The conditional use is a request for a 320-bed hospital and helipad on a 35.31 acre site. The project has been reviewed and it is determined that the project is in compliance with the development standards of the Development Code and associate Planned Development Overlay (PDO-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The project also provides. amenities such as a multi-use trail between the project site and the adjacent residences to the north, which will extend a future trail to be constructed in the near future. The site is adequate in size and shape to accommodate the' proposed hospital facilities without affecting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed Conditional Use Permit is for a 320-bed hospital and a helipad. The nature of this use, as conditioned is not detrimental to the health, safety and general welfare of the community because the proposed project is providing a service that is needed in the community and region and it has been designed to minimize any adverse impacts, including health, safety and general welfare to the surrounding community. The proposed project will actually contribute to the long term viability and longevity of the community by providing additional medical care facilities. In addition, prior to the issuance of any building permit, the California Office of Statewide Health and Planning Development (OSHPOD) as well as the City of Temecula Building Department and Fire Department will review the construction plans for compliance with the Uniform Building Code and Uniform Fire Code. E. The heliport is consistent with the requirements described in subsection 2 and 3 of Section 17.10.020.P City of Temecula Development Code. The proposed helipad facility is consistent with the requirements described in Section 17.10.020.P of the City of Temecula Development Code, including setbacks from parks, school and residentially zoned parcels. R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Rasa DP CUP.doc . . . . 'I i. Section 3. Findinos. The City Council hereby makes the following findings as required by Section 17.05.010.F of the City of Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for the City of Temecula and with all the applicable requirements of state law and other ordinances of the City. The proposed use is in conformance with the goals and policies in the General Plan for the City of Temecula, the Development Code and with all applicable requirements of state law and other ordinances of the City of Temecula because the project has been reviewed and as designed and conditioned, it has been determined that the project is consistent with all applicable zoning ordinances, state law and the General Plan. B. The overall development of the land is designed for the protection of the public, health, safety and general welfare. The overall development of the land has been designed for the protection of the public health, safety, and general welfare, because the project has been designed to minimize any adverse impacts upon the surrounding neighborhood and the project has been reviewed and conditioned to comply with the uniform building and fire codes. Section 4. (!onditional Aooroval. The City Council of the City of Temecula hereby approves the Conditional Use Permit to establish a 320-bed hospital facility and a helipad and Development Plan to construct 408,160 square foot hospital, a helipad, two medical office buildings totaling 140,000 square feet, a 10,000 square foot cancer center and an 8,000 square foot fitness rehabilitation center all totaling approximately 566,160 square feet on 35.31 acres, located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessors Parcel No(s). 959- 080-001 through. 959-080-004 and 959-080-007 through 959-080-010 as set forth in Application No. PA04-063, subject to .the specific conditions of approval set forth in Exhibit A and Exhibit B, allached hereto, and incorporated herein by this reference as though set forth in full. Section 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 22nd day of November, 2005 Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk , I I. [SEAL] R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Resa DP CUP.doc STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 05- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the 22nd day of November, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Rase DP CUP.doc . . . . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT ~ R\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC COAs CUP & DP.doc 1 . . . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0463 (Conditional Use Permit) Project Description: A Conditional Use Permit establishing a 320-bed hospital facility approximately 408,160 square feet and a helipad within a related Development Plan (PA04- 0463) located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessors Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 DIF: TUMF: Office Service Commercial/Office MSHCP: Commercial Approval Date: November 22, 2005 Expiration Date: November 22, 2007 R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC COAs CUP & DP.doc 2 GENERAL REQUIREMENTS Planning Department . 1. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection 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. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant 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. 3. The Director of Planning may, upon an application being filed within thirty days prior to expiration and for good cause, grant a time extension of up to three, one-year extensions of time, one year at a time. . 4. The applicant shall comply with their Statement of Operations dated June 30, 2004, (attached) on file with the Planning Department, unless superceded by these conditions of approval. 5. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 6. The flight path for all helicopter traffic arriving and departing the project site shall be limited to the Highway 79 South corridor and commercial areas, unless it is determined unsafe due to weather conditions. Flights over residential areas shall be avoided to the greatest extent possible. 7. The applicant shall pursue agreements with all emergency service providers stating that emergency vehicles shall turn off sirens no less than one quarter of a mile from the project site. 8. The project shall comply with all mitigation measures identified within the Final Environmental Impact Report for the Temecula Hospital and the approved Mitigation Monitoring Program as attached. . R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC COAs CUP & DP.doc 3 . i. . Police Department 9. All exterior lighting surrounding the project site should be energy-saving and minimized after 11 :00 PM to comply with the State of California Lighting Ordinance. Furthermore, all exterior lighting must comply with Mt. Palomar Lighting Requirements. 10. All exterior doors should have their own vandal resistant fixtures installed above. . The doors shall be illuminated with a minimum one (1) foot candle of light at ground level, evenly dispersed. 11. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 12. Any graffiti painted or marked upon the buildings shall be removed or painted over within twenty-four (24) hours of being discovered. Notify the Temecula Police Department immediately so a report can be taken. 13. Upon completion of construction, the interior of this facility shall have a monitored alarm system installed and monitored 24-hours a day by a designated private alarm company, to notify the police department immedia)ely of any intrusion. All multi-tenant buildings located within the center should have their own alarm system. 14. All roof hatches shall be painted "International Orange." 15. Any public telephones located on the exterior of this facility should be placed in a well- lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of this facility. WITHIN FORTY-EIGHT (48) HOURS OF PROJECT APPROVAL Planning Department 16. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Nine Hundred Twenty- Eight Dollars ($914.00) which includes the Eight Hundred and Fifty Dollar ($850.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty Four Dollars ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21151 and California Code of Regulations Section 15904. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). 17. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC COAs CUP & DP.doc 4 PRIOR TO SUBMITTING HOSPITAL PLANS TO THE CALIFORNIA OFFICE OF STATEWIDE HEALTH AND PLANNING DEVELOPMENT (OSHPOD) Planning Department 18. The applicant shall obtain the approval of the Aviation Division of Caltrans and the Federal Aviation Administration, if required, to operate the proposed helipad. All construction and operational requirements of Caltrans and the Federal Aviation Administration shall be complied with. The applicant shall provide a copy of these agencies approval documents to the Planning Director within 30 days of their approval action. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Signature Date Applicant Printed Name R\Cily Council Agenda Manager\2005\112205\Regional HospitaI\Hospital Staff Report and Resos\CC COAs CUP & DP.doc 5 . . . . . . EXHIBIT B DRAFT CONDITIONS OF APPROVAL DEVELOPMENT PLAN R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC COAs CUP & DP.doc 6 I i. . I. .1 '1 , EXHIBIT B CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0463 (Development Plan) Project Description: A Development Plan to construct a 320-bed hospital facility, approximately 408,160 square feet in size, two medical office buildings totaling 140,000 square feet, a 10,000 square foot cancer center and an 8,000 square foot fitness rehabilitation center, all totaling approximately 566,160 square feet, located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road. Assessor's Parcel Nos. 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 DIF: Office TUMF: Service Commercial/Office MSHCP: Commercial Approval Date: November 22, 2005 Expiration Date: November 22, 2007 R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC COAs CUP & DP.doc 7 GENERAL REQUIREMENTS Planning Department . 1. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection 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. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 3. The applicant shall comply with the Mitigation Monitoring Program for the project as attached. 4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant 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. . 5. The Director of Planning may, upon an application being filed within thirty days prior to expiration and for good cause, grant a time extension of up to three, one-year extensions of time, one year at a time. 6. The development of the premises shall substantially conform to the approved site plan, contained on file with the Planning Department. 7. This Development Plan may be revoked pursuant to Section 17.05.010 of the City's Development Code. 8. The development of the premises shall substantially conform to the approved site plan elevations and landscape plans contained on file with the Planning Department. 9. 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 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 condition 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. . R:\City Council Agenda Manager\200S\112205\Regional HospitaN-Iospital Staff Report and Resos\CC COAs CUP & DP.doc . 8 i. . . Material Stucco Color NO.1: Stucco Color No.2: Tile Base: Aluminum Panel: Ceramic Roof Tile: Tinted Glass: Window frame: Color Senergy, Parchment, # 342 Senergy, Walden, # 3104 Daltile, 12" x 12" Continental Slate, Indian Red CS51 Centria, 9910 L T Seawolf Monier Lifetile, Terra Cotta flashed Vi racon , Bronze VE 4-2M Kawneer, Medium Bronze Kynar 500 fluorocarbon 10. The condition 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 staff prior to approval of the use or utilization of an item, material, equipment, finish, technique that City staff determines to be the substantial equivalent of that required by the condition 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. 11. All utilities shall be screened from view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. A 3' clear zone shall be provided around fire check detectors as required by the fire Department before starting the screen. Utilities shall be grouped together in order to reduce intrusion. Screening of utilities shall not look like an after-thought. Planting beds shall be designed around utilities. All light poles shall be located on the landscape plans and the applicant shall insure that there are no conflicts with trees. 12, The applicant shall insure that mature plantings will not interfere with utilities, adjacent site existing structures and landscaping and traffic sight lines. 13. Prior to the approval and issuance of any permanent signs, a sign program shall be submitted for review and approval for the project site. 14. A separate building permit shall be required for all signage. 15. Landscaping shall substantially conform to the approved (Conceptual Landscape Plan) contained on file with the Planning Department. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning shall have the authority to require the properly 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. 16. All requirements of Development Code Chapter 17.32 (Water Efficient Landscape Design) are required to be met. R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC COAs CUP & DP.doc 9 Police Department 17. Graffiti: Any graffiti painted or marked upon the building shall be removed or painted over within twenty-four (24) hours of being discovered. Notify the Temecula Police Department immediately so a report can be taken. . 18. Crime Prevention: Any business desiring a business security survey of their location can contact the crime prevention unit of the Temecula Police Department. 19. Public Telephones: Any public telephones located on the exterior of the building should be placed in a well-lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the building. 20. Landscaping: Applicant shall ensure all landscaping surrounding the building are kept at a height of no more than three feet (3') or below the ground floor windowsills. Plants, hedges and shrubbery should be defensible plants to deter would-be intruders from breaking into the building utilizing lower level windows. a. The placement of all landscaping should comply with guidelines from Crime Prevention Through Environmental Design (CPTED). 21. Lighting: All parking lot lighting surrounding the complex should be energy-saving and minimized after hours of darkness and in compliance with the State of California Lighting Ordinance. Furthermore, all exterior lighting must comply with Mt. Palomar Lighting Requirements. . 22. All exterior doors should have their own vandal resistant fixtures installed above. The doors shall be illuminated with a minimum one (1) foot candle of light at ground level, evenly dispersed. Building Dep~rtment 23. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits, 24. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays Community Services Department 25. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. . R\City Council Agenda Manager\2005\112205\Regional Hospital\Hospiral Staff Report and Resos\CC COAs CUP & DP.doc 10 . . i. I 26. All trash enclosures shall be large enough to accommodate a recycling bin, as well as a regular solid waste container. 27. The property owner or private maintenance association shall maintain all parkways, perimeter landscaping, trail, walls, fences and on site lighting. 28. The developer shall comply with the Public Art Ordinance. Fire Department 29. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4000 GPM at 20-PSI residual operating pressure with a 4-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided (CFC 903.2, Appendix III-A). 30. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A minimum of 3 hydrants, in a combination of on-site and off-site (6" x 4" x 2-2 1/2" outlets) on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 400 feet apart, at each intersection and shall be located no more than 225 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC 903.2, 903.4.2, and Appendix III-B). 31. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. On site fire hydrants are required for this project (CFC 903.2). 32. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC 8704.2 and 902.2.2). 33. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). 34. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel. This condition only applies if any manual or electronic gate is proposed or conditioned (CFC 902.4). R:\City Council Agenda Manager\2005\112205\Regional HospitaI\HospitaJ Staff Report and Resos\CC COAs CUP & DP.doc 11 35. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the City; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports (CFC Appendix II-E). . Public Works Department 36. A Grading Permit for either rough and/or precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 37. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 38. All improvement plans and grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 39. All on-site drainage facilities shall be maintained by a private maintenance association or property owner. 40. All utilities, except electrical lines rated 34kv or greater, shall be installed underground. 41. The driveway on De Portola Road will be restricted to right-inlright-out/left-in movements. . WITHIN 48 (48) HOURS OF PROJECT APPROVAL Planning Department Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 42. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Nine Hundred Twenty- Eight Dollars ($914.00) which includes the Eight Hundred and Fifty Dollar ($850.00) fee, required by Fish and Game Code Section 711.4{d)(3) plus the Sixty Four Dollars ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21151 and California Code of Regulations Section 15904. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). 43. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. . R:\City Council Agenda Manager\200S\11220S\Regional Hospital\Hospital Staff Report and Resos\CC COAs CUP & DP.doc 12 . i. . WITHIN 14 DAYS FROM THE FINAL APPROVAL OF THE PROJECT, THE APPLICANT SHALL SUBMIT THE FOLLOWING: Planning Department 44. The applicant shall submit seven complete sets of final approved plans to the Planning Department with the following revisions shown on the plans. Planning staff will stamp these plans as approved for distribution to each department and the applicant. 45. The Landscape plan shall be revised as follows: a. The applicant shall provide a vines on the screening wall at the loading dock area, subject to the approval of the Planning Director. b. The landscape plan shall provide shrubs, vines and/or other acceptable screening methods to screen the oxygen storage container in the loading dock area, subject to the approval of the Planning Director. c. The applicant shall revise the landscape plan to show final color and finish details for all decorative hardscape throughout the project site. Decorative hardscape shall be provided at all primary building entrances and outdoor gathering areas (including the hospital, medical office buildings, cancer center and fitness rehabilitation center). d. A minimum of one broad canopy type tree shall be provided per every 4 parking spaces. The tree shall be provided in close proximity to the parking spaces it is to shade. e. One landscape finger shall be provided per 10 parking spaces. The interior finger planting width shall be a minimum of 5' wide with the length equal to the adjoining parking space. Curbs and concrete walks shall not infringe on this 5' width. The planter shall contain a minimum of one tree with surrounding groundcover or shrubs or both. The grading plans shall be revised as necessary to reflect this requirement. 46. The elevations for all buildings shall be revised in a manner that all exterior ladders are sqreened from the public view of Highway 79 South. 47. The applicant shall submit a separate plan, entitled outdoor furniture detail plan, showing details of all outdoor furniture, subject to the approval of the Director of Planning. Outdoor furniture shall be decorative and of high quality appearance. 48. The applicant shall provide a detailed elevation drawing of the water and boulder feature at the main entrance, near the porte-cochere. Said feature shall be subject to the approval of the Director of Planning. 49. The applicant shall submit cross section verifying that all roof mounted equipment will be screened from public view as determined acceptable by the Director of Planning. 50. The elevations and roof plans shall show internalized downspouts for all buildings and structures, excluding trash enclosures. 51. Trash enclosures shall be shown on the site plan, landscape plan and elevations and shall comply with the following: R:\City Council Agenda Manager\2005\J 12205\RegionaJ HospitaN-lospital Staff Report and Resos\CC COAs CUP & DP.doc 13 a. Trash enclosures shall be provided to house all trash receptacles utilized on the site. All trash enclosures shall blend with the architecture of the overall center and include a decorative roof type feature as approved by the Director of Planning. Trash enclosures shall be screened from view. The applicant shall provide shrubs and wall vines on 3 sides of enclosures as required to provide screening. . b, c. 52. The elevations shall be revised to show decorative lighting fixtures at the primary entry of each building/structure, subject to the approval of the Director of Planning. Details of all light fixtures, including decorative entry lighting and wall mounted lighting shall be provided on the plans. 53. The Applicant shall revise the site plan and provide a detailed elevation drawing to show a decorative fence no less than four feet in height around the helipad, subject to the approval of the Planning Director. Said fence shall be constructed in a manner that deflects horizontal wind velocities caused by the rotation of rotor blades, providing all FAR Part 77 imaginary surfaces and the surface of the area remain obstruction free, per Section 1710.020.P of the City of Temecula Development Code. PRIOR TO ISSUANCE OF A GRADING PERMIT Planning Department 54. A note on the grading plans shall be provided and shall read as follows: If at any time during excavation/construction of the site, archaeological/cultural . resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the properly to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the determination is not an archaeological/cultural resource, the Director of Planning shall notify the properly owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the properly owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning. 55. A qualified paleontologist/archaeologist shall be chosen by the developer for consultation and comment on the proposed grading with respect to potential paleontologicaV archaeological impacts. A meeting between the paleontologist/ archaeologist, Planning Department staff, and grading contractor prior to the commencement of grading operations and the excavation shall be arranged. The paleontologist/archaeologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. The applicant shall provide written verification that services for on-site professional archaeological and . R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC COAs CUP & DP.doc 14 ,;. I . paleontological monitoring has been contracted during all phases of earthmoving activities. 56. The Pechanga Band of Luiseiio Indians shall be contacted to afford the Band an opportunity to monitor ground-disturbing activities and participate in the decisions regarding collection and curation of any such resources. The applicant shall submit correspondence to the Planning Department that confirms that such contact has been made prior to the issuance of a grading permit. 57. The Applicant shall enter into a pre-construction agreement/treatment plan with the Pechanga Band of Luiseiio Indians, prior to the issuance of grading permits, that sets forth and contains the terms and conditions for the treatment of discoveries of Native . American cultural resources. The agreement/treatment plan shall contain provisions for the treatment of all Native American cultural items, artifacts, and human remains that may be uncovered during the project. The agreement/treatment plan may allow for the presence of Pechanga tribal monitors during any ground-disturbing activities. The applicant shall submit a signed copy of the pre-construction agreement/treatment plan to the Planning Department prior to the issuance of a grading permit. 58. The Applicant and/or landowner agrees to relinquish all cultural resources, including all archeological artifacts, that are found on the Project area to the Pechanga Band of Luiseiio Indians for proper treatment and disposition. This mitigation measure shall be placed on the grading plan as a note prior to issuance ofa grading permit. 59. Prior to any ground disturbance activities a qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Band of Luiseiio Indians and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. This mitigation measure shall be placed on the grading plan as a note prior to issuance of a grading permit. 60. If any human remains are encountered on the project site, all ground disturbing activities in the vicinity of the discovery will be terminated immediately and the County Coroner's office and the Pechanga Band of Luiseiio Indians will be contacted to arrange for the treatment of such remains. This mitigation measure shall be placed on the grading plan as a note prior to issuance of a grading permit. 61. The applicant must enter into a written pre-excavation agreement with the Pechanga Band of Luiseiio Indians that addresses the treatment and disposition of all cultural resources, human resources and human remains discovered on-site. A copy of the signed document shall be submitted to the Planning Department. 62. The grading plan shall be revised to include the following: a. Earth berms as required along the northern property lines and along Highway 79 South as discussed in these conditions of approval. b. A note on the plans indicating all areas not proposed for development within 100 days shall be tufted, seeded and irrigated for soil and dust erosion. c. Show the 5-footlandscape dimension for all parking islands, including the 1-foot concrete landing strip (7 feet total width). One parking island is required per ten (10) parking spaces.. R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC COAs CUP & DP.doc 15 Public Works Department 63. A copy of the grading, improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control and Water Conservation District for approval prior to the issuance of any permit. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. 64. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 65. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 66. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 67. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of liquefaction. 68. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. 69. NPDES - The project proponent shall implement construction-phase and post- construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction- phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include a combination of structural and non-structural onsite source and treatment control BMPs to prevent contaminants from commingling with stormwater and treat all unfiltered runoff year-round prior to entering a storm drain. Construction-phase and post-construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs. R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC COAs CUP & DP.doc 16 . . . 'I. I 1 , . . 70. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works 71. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 72. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 73. The Developer shall obtain any necessary letters of approval or slope easements for off- site work performed on adjacent properties as directed by the Department of Public Works. 74. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 75. The site is in an area identified on the Flood Insurance Rate Map as Flood Zone X. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. PRIOR TO ISSUANCE OF A BUILDING PERMIT Prior to the issuance of any building permit, the Developer shall design the following features into the approved construction plans, or submit the appropriate information as required below. Plans shall be reviewed and approved by the City of Temecula prior to issuance of a building permit. Planning Department 76. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color prints of the approved Color and Materials Board and the colored architectural elevations. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform substantially with the approved conceptual landscape plans, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: 77. R\City Council Agenda Manager\2005\112205\Regional HospitaN-lospital Staff Report and Resos\CC COAs CUP & DP.doc 17 a. Consistency Check fee shall be paid (per the City of Temecula Fee Schedule at time of submittal of construction plans). One (1) copy of the approved grading plan. One (1) copy of an agronomic soils report. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). Total cost estimate of plantings and irrigation (in accordance with approved plan). A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. . 78. The final construction landscape plan shall include the following: a. A calculation indicating the percentage of the site that is to be landscaped shall be provided on the construction landscape plans. The applicant shall insure that minimum required code percentages for landscaping are provided to meet the specific zone requirements. b. The applicant shall field verify adjacent existing street plantings and coordinate proposed plantings to be compatible as approved by the Director of Planning. c. An appropriate method for screening the gas meters and other externally mounted utility equipment shall be reviewed and approved by the Planning . Department. d. Street trees shall be provided along all streets at the rate of one per every 30' of street frontage. e. Areas proposed for development in another phase occurring not within six months of the completion of the previous phase shall be temporarily tufted, seeded and irrigated for dust and soil erosion control. A note on the grading plan and landscape plan shall be provided. f. A minimum 5' width planting area shall be provided at the ends of all parking rows. Curbs and concrete walks shall not infringe on this 5' width. The planter length shall be equal to the adjoining parking space. The planter shall contain a minimum of one tree, shrubs and ground covers. g. Accent trees (minimum 36" box size) shall be installed at entries to parking areas in order to define the entry and provide a focal point. h. Indian Tribe, Faurei varieties shall be provided for Crape Myrtle. i. Additional trees shall be added on the north, east and west sides of building MOB #2 as approved by the Director of Planning. j. A combination of large (no less than 24-inch box) Afghan Pines and California Pepper trees (or other large screen trees) shall be provided along the northern perimeter of the project to screen off-site views of the development as approved by the Director of Planning. b. c. d. e. f. R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC COAs CUP & DP.doc 18 . :. . :. , A landscaped berm shall be provided along the northern property lines adjacent to the residentially zoned lots and DePortola, with mature (24" and 36" box) screen trees to screen the view of the buildings and reduce the amount of glare from the project site, subject to approval by the Director of Planning. A cross section shall be provided on grading and landscape plans verifying the buffer area. I. The landscaped area along Highway 79 South shall include a meandering berm with large shrubs to provide additional screening of the parking lot. The applicant shall provide a combination of shrub plantings and earth berms that can be maintained at a minimum height of 3' around all parking areas to screen parking from off-site views. k. m. All areas not designed for buildings, parking, driveways or other useable features shall be landscaped, unless approved by the Director of Planning. The area along the eastern property line, adjacent to the access driveway shall be landscaped, unless it is determined critical habitat not to be disturbed. 79. The final construction plans shall include a photometrics plan showing foot-candle illumination in the parking lot, driveways, drive aisles, pedestrian paths of travel and building entrances. A minimum of one-footcandle illumination shall be maintained throughout the site and a minimum of two foot-candle illumination shall be provided at primary building entrances. 80. The final construction plans shall demonstrate that all exterior lighting shall comply with Mount Palomar Lighting Ordinance 655, be directed down and fully shielded. Lighting onto adjacent properties shall be limited to the greatest extent possible. 81. Final Construction plans shall provide decorative lighting fixtures shall be provided at the primary entry of each building/structure, subject to the approval of the Director of Planning. Final construction plans shall provide details of all light fixtures, including decorative entry lighting, parking lot lighting and wall mounted lighting. 82. The applicant shall submit a detailed lighting plan for the helipad facility. 83. The split rail fencing for the equestrian trail proposed along the northern property lines, adjacent to the residences shall be extended from the current location to the western edge of the property line. Said fence shall be a continuous fence beginning from the driveway at DePortola to the western property line. 84. All roof mounted equipment shall be screened from public view as determined acceptable by the Director of Planning. 85. All exterior wall mounted ladders (for all buildings) shall be located in a manner that they are not visible from Highway 79 South. Public Works Department 86. Prior to the first building permit, Parcel Map No. 32468 shall be recorded, unless otherwise approved by the Director of Public Works. R\City Council Agenda Manager\2005\l12205\Regional Hospital\Hospital Staff Report and Resos\CC COAs CUP & DP.doc 19 87. Improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. c. Street lights shall be installed along the public streets adjoining the site in accordance with City Standard No. 800, 801, 802 and 803. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401and 402. e. All street and driveway centerline intersections shall be at 90 degrees. f. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 88. The Developer shall design the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: a. Improve Highway 79 South (Urban Arterial Highway Standards - 134' R1W) to include installation of sidewalk, street lights, underground utilities, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). b. Improve De Portola Road (Modified Secondary Arterial (4 lane separated) - 88' R1W) to include installation of pavement, streetlights, drainage facilities, signing and striping, and utilities (including but not limited to water and sewer). c. State Route 79/Redhawk Parkway (Margarita Road) - Provide southbound and eastbound right turn traffic signal overlap a. The traffic signal at the intersection of Highway 79 South and Country Glen Way shall be modified to allow a full movement intersection. 89. Private roads shall be designed to meet City public road standards. Unless otherwise approved the following minimum criteria shall be observed in the design of private streets: a. . Dona Lynora (66' R1W) to include the installation of street improvements, paving, curb and gutter, utilities (including but not limited to water and sewer) b. Private 28 foot wide ingress/egress road to include installation of paving and curb per the approved site plan. 90. The Developer shall construct the following public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works. a. Street improvements, which may include, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. Storm drain facilities. b. R:\Cil)' Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC COAs CUP & DP.doc 20 . . . 'I. '1 'I I . . c. Sewer and domestic water systems. d. Under grounding of proposed utility distribution lines. 91. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic Engineer and reviewed by the Director of the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 92. All access rights, easements for sidewalks for public uses shall be submitted and reviewed by the Director of the Department of Public Works and City Attorney and approved by City Council for dedication to the City where sidewalks meander through private property. 93. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 94. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 95. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Building Department The Conditions of Approval herein (Building Department) are not applicable to the projects that fall under the jurisdiction of the State of California OSHPD. These conditions are applicable to the construction documents for projects, specifically the medical office buildings that are within the jurisdiction of the City of Temecula Building and Safety Department. 96. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code; California Administrative Code, Tille 24 Energy Code 2005 Standards, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 97. A complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street-lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 98. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 99. Obtain all building plans and permit approvals prior to commencernent of any construction work. R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC COAs CUP & DP.doc 21 100. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April . 1,1998.) 101. Provide disabled access from the public way to the main entrance of the building. 102. Provide van accessible parking located as close as possible to the main entry. 103. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 104. Provide appropriate stamp of a registered professional with original signature on plans' prior to permit issuance. 105. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 106. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 107. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 108. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Community Services Department . 109. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. Fire Department 110. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 111. The developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1). PRIOR TO THE ISSUANCE OF THE FIRST BUILDING PERMIT IN PHASE I - (A 170-bed hospital with 80,000 square feet of medical office space), THE FOLLOWING CONDITIONS OF APPROVAL SHALL BE COMPLETED . R:\City Council Agenda Manager\2005\112205\Regional HospitaN-lospital Staff Report and Resos\CC COAs CUP & DP.doc . 22 . Public Works Department 112. Parcel Map No. 32468 shall be recorded, unless otherwise approved by the Director of Public Works. . 113. The Developer shall design the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works a. Highway 79 South (Urban Arterial Highway Standards - 134' RNJ) to include installation of sidewalk, street lights, underground utilities, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). i. Westbound a) Provide a dedicated right turn lane - 12 foot wide by 200 feet long b) Provide three (3) thru lanes c) Provide one(1) left turn lane ii. Eastbound a) Provide two (2) left turn lanes b) Provide two (2) thru lanes and c) Provide one (1) shared thru/rightlane Dona Lynora (66' RNJ) i. Installation of half-street improvements, paving, curb and gutter, utilities (including but not limited to water and sewer) ii. Restricted to right in/right out vehicular movement b. c. Main entry (Country Glen Way) and Highway 79 South i. Signal modification ii. Provide a 245' continuous median from Highway 79 South to main drive aisle Iii. Southbound (exiting site) a) Provide tWo (2) left turn lanes b) Provide a 20 foot wide shared thru/right'turn lane iv. Northbound (entering site) - 28 foot wide d. De Portola Road (Modified Secondary Arterial (4 lane separated) - 88' RNJ) i. Installation of half-street improvements, paving, curb and gutter, utilities (including but not limited to water and sewer) ii. Provide a 28 foot wide internal ingress/egress connection to De Portola Road e. State Route 79/Redhawk Parkway (Margarita Road) i. Provide southbound and eastbound right turn traffic signal overlap. :. R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC COAs CUP & DP.doc 23 Community Services Department 114. Prior to the first building permit or installation of additional street lighting which ever . occurs first, the developer shall complete the TCSD application process, submit an approved Edison Streetlight Plan and pay the appropriate energy fees related to the transfer of arterial street lighting on Hwy 79 South into the TCSD maintenance program. PRIOR TO THE COMMENCEMENT OF BUILDING CONSTRUCTION THE FOLLOWING SHALL BE COMPLETED Fire Department 115. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 Ibs. GVW (CFC 8704.2 and 902.2.2.2). 116. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus (CFC 902.2.2.4). PRIOR TO THE ISSUANCE OF THE FIRST BUILDING PERMIT IN PHASE II - (Expand to a 320-bed hospital plus an additional 60,000 square foot medical office space), THE FOLLOWING CONDITIONS OF APPROVAL SHALL BE COMPLETED Public Works Department . 117. The Developer shall design the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works a. Dartolo Road (Collector - 78' R/W) include dedication of full-width street right-ot- way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). i. Provide an internal connection from project site to Dartolo Road PRIOR TO RELEASE OF POWER Planning Department 118. The applicant shall paint a 3-toot x 3-foot section of each building for Planning Department inspection, prior to commencing painting of the building. Building Department 119. Developments with multi-tenant buildings or Shell Buildings shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with Single User Buildings shall clearly show on the plans the location of a dedicated panel in place for the purpose of the operation of exterior lighting and fire alarm systems when a house . meter is not specifically proposed. R:\City Council Agenda Manager\2005\112205\Regional HospitaI\Hospital Staff Report and Resos\CC COAs CUP & DP.doc 24 PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY . Planning Department 120. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 121. The property owner shall fully install all required landscaping and irrigation, and submit a landscape maintenance bond in a form and amount approved by the Planning Department for a period of one-year from the date of the first occupancy permit. 122. Performance securities (Maintenance bond), in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings within private common areas and the Right-of-Way for a period of one year, in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Department for one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released. 123. A report of findings, including an itemized inventory of recovered specimens, should be prepared upon completion of the steps outlined the initial study, under cultural resources. The report should include a discussion of the significance of all recovered specimens. The report and inventory, when submitted to the Lead Agency (City of Temecula), would signify completion of the program to mitigate impacts to the palentologic and archaeological resources. . Police Department 124. Roof Hatches: All roof hatches shall be painted "International Orange." 125. Marked Parking for Disabled Vehicles: All disabled parking stalls on the premises shall be marked in accordance with section 22511.8 of the California Vehicle Code. Fire Department 126. The developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau (CFC 7901.3 and 8001.3) 127. A simple plot plan and a simple floor plan, each as an electronic file of the DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 128. 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 902.2.2.1). . 129. This development shall have two (2) points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau (CFC 902.2.1). R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC COAs CUP & DP.doc 25 130. Blue Reflective Markers shall be installed to identify fire hydrant locations (CFC 901.4.3). . 131. Approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors, as approved by the Fire Prevention Bureau (CFC 901.4.4). 132. Based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation (CFC Article 10, CBC Chapter 9). 133. Based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation (CFC Article 10). 134. All locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet (CFC see 902). 135. A "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of. six (6) . feet in height and be located to the right side of the fire riser door (CFC 902.4). 136. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. PHASE I - a 170-bed hospital with 80,000 square foot medical office space Public Works Department 137. Prior to the first Certificate of Occupancy in Phase I, the following improvements shall be constructed and operational: a. Highway 79 South i. Traffic signal modifications at the intersection of Highway 79 South and Country Glen Way ii. Roadway improvements a) Westbound (i) Provide a dedicated right turn lane - 12 foot wide by 200 feet long (ii) Provide three (3) thru lanes (Hi) Provide one(1) left turn lane b) Eastbound (i) Provide two (2) left turn lanes . R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC COAs CUP & DP.doc 26 . J. I . (ii) Provide two (2) thru lanes and (iii) Provide one (1) shared thrulrightlane Main Entry/Country Glen Way i. Provide a 245' continuous median from Highway 79 South to main drive aisle ii. Southbound (exiting site) a) Provide two (2) left turn lanes b) Provide a 20 foot wide shared thru/rightturn lane iii. Northbound (entering site) - 28 foot wide c. De Portola Road (Modified Secondary Arterial (4 lane separated) - 88'. R/W) i. 28 foot wide internal ingress/egress connection from project site to De Portola Road b. ii. Roadway improvements d. State Route 79/Redhawk Parkway (Margarita Road) i. Southbound and eastbound right turn traffic signal overlap e. Dona Lynora (66' R/W) i. Installation of half-street improvements, paving, curb and gutter, utilities (including but not limited to water and sewer) ii. Restricted to right in/right out vehicular movement PHASE II - Expand to a 320-bed hospital plus an additional 60,000 square foot medical office space. Public Works Department 138.' Prior to the first Certificate of Occupancy in Phase II, the following improvements shall be constructed and operational: a. Dartolo Road (Principal Collector - 78') i. Provide an internal connection from project site to Dartolo Road 139. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 140. All public improvements, including traffic signal modification, shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 141. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. R:\City Council Agenda Manager\2005\lI2205\Regional Hospital\Hospital Staff Report and Resos\CC COAs CUP & DP.doc 27 OUTSIDE AGENCIES 142. The applicant shall comply with the attached letter dated July 7,2004 from the Riverside County Department of Environmental Health. 143. The applicant shall comply with the attached letter dated July 24, 2004 from the Riverside County Flood Control and Water Conservation District. 144. The applicant shall comply with the attached letter dated July 21, 2004 from the Riverside Transit Authority (RTA). 145. The applicant shall comply with the attached letter dated July 12, 2004 from the Rancho California Water District. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name R\City Council Agenda Manager\2005\112205\Regional HospitaNIospital Staff Report and Resos\CC COAs CUP & DP.doc 28 . . . ~~ i. JuIy7,2004 COUNTY OF RIVERSIDE · COMMUNITY HEALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH City of Temecuta Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Dan Long '~\l;C ~ n q if. ~i ,II JC' "l'J Z~04,,! - i.J By_ -~ RE: Plot Plan No. P A04-0462 & P A04-0463 Dear Mr. Long: Department of Environmental Health has reviewed the Plot Plan No. PA04-0462 & PA04-0463 to ""u.>..JCt Temecula Regional Hospital and has no objections. Water and sewer services should be available in this area, although we have not iti receipt of any information concerning those services. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD BE REQUIRED: a) "Will-serve" letters from the ..pp.vp.:ate water and sewering districts. . I 1 b) Any food establishments, (including vending machines), shall require three complete sets of plans for each food establishment will be submitted including a fixture schedule, a finish schedule and a plumbing schedule in order to ensure compliance with the California Unifonn Retail Food Facilities Law 2. For specific reference, contact Food Facility Plan Examiners at (909) 600-6330. c) Any hazardous materials handling or storage shall require a clearance letter from the Department of Environmental Health Hazardous Materials Management Branch (955- 5055) Sincerely, Sam Martinez, Supervising Environmental Health Specialist (909) 955-8980 NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of Environmental Health clearance. 00: Doug Thompson, Hazardous Materials . , '1 A>ca1 EaforcemeDt AgeDCY . p.o. Bo. 12BO, Riverside, CA 92502-12BO . (909) 955-8982 . FAX 1909} 781-%53 . 4OBO Lemon Street, 9th F1oo~ River>ide, CA 92501 tad Uoe end Waler EngIDeerlng . P.O. Box 1206, Riverside, CA 92502-1206 . (909) 955-8980 . FAX (909) 955-8903 . 4080 Lemon Stree~ 2nd Roor, Riverside, CA 92501 yy .rU~J.~ JJ. VV lL....UUV!,:) General Manager-Chief Engineer 1995 MARKET STREET RIVERSIDE, CA 92501 909.955.1200 909,788.9965 FAX 51180.1 City ofTemecula Planning Department Post Office Box 9033 Temecula, California 92589-9033 Attention: DM-l L.otole. RIVERSIDE COUNTY FLOOD CONIR ~~ @[EO W ~ ~ ANDWATERCONSERVATIONDISTR' U JUL 2 8 2004 J . By ladies and Gentlemen: Re: The District does not nonnally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check ci,ly land use cases, or provide Slate Division of Real Estate letters or other flood hazard reports for such cases. Dislilct comments/recommendations for such cases are nonnally limited to items of s~c Interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical componenf or extension of a master plan system, and District Area DraInage Plan fees (development mitigation fees). In addition, infonnation of a general nature is provided. .. The District has not reviewed the proposed project in detail and the following checked comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such Issue: . This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional Interest proposed. $-. This project Involves District Master Plan facilities, The District will accept ownership of such facilities on written request of the City. Facilities must be constructed to District standards, and District plan check' and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required, . This project proposes channels, stonn drains 36 inches or larger In diameter, or other facilities that could be conSidered regional in nature and/or a logical extension of the adopted . . Master Drainage Plan. The District would consider accepting ownership Oi SUCillacmaes on wnllen request of the City. Facilities must be constructed to District standards, and District Plan check and ins~on will be required for District acceptance. Plan check, inspection and administrative fees will be required. This project is located within the limits of the District's. Area Drainage Plan for which drainage fees have been adoP!<ia; ;;....,;;<abie iees soouia De palo oy cashier's check or money order only to tfie Flood Control District prior 10 issuance of building or grading permils whichever comes first. Fees to be paid should be at the rate in effect at the time of issuance of the.actual penni!. GENERAL INFORMATION .tA cA ~()"'lco 'l. .... PI>- 0'1- - o~(,.3 . This project may require a National Pollutant Discharge Elimination System (NPDESl l1ennit from the Slate Water Resources Control Board. Clearance for grading, recordation, or other final approval should not be given until the City has detennlned that the project has been granted a pennlt or is shown to be exempt. If this prolect Involves a Federal Emergen9' Management Agency (FEMAl mapRed flood plain, then the City should requiretfie applicant to provide all studies calculations, plans and other Infonnation re~ulr'ed to meel FEMA re<:juiremenls, and should further require lhalthe apPlicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped flood plain Is impacted by this proje"\. Ihe City should require the applicant to obtain a Section 1601/1603 Agreement frOm the California Departrileril OT Fish and Game and a Clean Water Act Section 404 Penni! from the U.S. Anny Corps of Engineers, or. written correspondence from these agencies Indicating the project is exempt from these reqUirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 pannit. )( ~ ~r;,J,-l'li~IT' Sttrtl,L B~ - tl~l1'rltJe~ fO(2.. kJ>{ ...Jo,.l'- wrllHN r~ l:>1S~ cr p.\~tI1-()f'- """'1 ,p..-...J rrtt Dle.~c..r ~l...IT1P:S. ""l!'~e.,^,""", q~\(.. l--\.~.,f c:.....t-\ Very truly yours, ~4 ARTURO DIAl Senior Civil Engineer Date:_, h/J/..2'1 ;lm1' . I. i. ';. · ~ r ~ t: ;- -- Riverside Transit Agency 1825 ThIn! Slreel P.O. Box 59968 Rlve<Slde. CA 92517-1968' Phone: (909) 565-5000 Fax: (909) 565-5001 July 21, 2004 Mr. Dan Long, Case Planner Planning Dept., City ofTemecula P.O. Box 9033 Temecula, CA 92589-9033 SUBJECT: P04.Q462 and PA04.Q463 - Temecula Hospital- Comments from RTA Dear Mr. Long: Thank you for the opportunity to review the site plan for the proposed 535,000 sq ft medical complex at Temecula Hospital along State Route (SR) 79. A copy of RTA Planning's intemal Development Review Memo is enclosed and provides additional rationale and technical detail in support of the requests for transit amenities that would expand mobility options for this project. To encourage and enhance future transit options at Temecula Hospital, RTA recommends the site plan or street improvement plans be revised at to show the following features: . A paved, lighted, and ADA-compliant transit bus stop with a 220 ft-Iong tumout configura- tion capable of accommodating two parked buses, to be installed along the N side of SR 79, just west of the primary hospital entrance. The bus stop should inw. tM,,;e a paved passenger waiting area and space for installation of benches and passenger shelters. .. Information note: Sufficient right-of-way appears available for this tumout without significant adjustment to sidewalks, loss of parking spaces or required landscaping and with minimum disturbance of future street tree or utility structure installations. .RTA staff is also recommending designation on the plans of an additional specified clear path of travel from the bus stop to the entrance of the main hospital building. . RT A staff also 'advises that the project." v.,v, ,ents work with the City to install two new passenger shelters at the new bus stop that are complimentary to the hospital's design and architectural themes. RTA requests these recommendations be made conditions of approval for PA 04-0462 and PA04-0463. If you need further clarification or I can be of further assistance, please call me at (909) 565-5164 or contact me online at mmccovl1ilriversidetransit.com. Si?:::wJnc Michael McCoy Senior Planner F:\data\Planning\MikeM\WordIDev Review\TemeculaI2004\RTA Ltrhd - Temec Hosp.doc '_lIrA July 21, 2004 Rl".".ld. n.sIt AII-r PLANNING DEPARTMENT MEMO DEVELOPMENT REVIEW To: Anne Palatino, Director of Planning Michael McCoy, Senior Planner ~ City ofTemecula, Cases PA04-o462 & -0463: Plot Plan review and CUP for 535,000 sq ft of hospital and medical-related facilities, N of State Route (SR) 79 and W of Margarita Rd; Riverside Transit Agency (RTA) Comments Bus routes involved: Existing Route 24 and future bus routes From: Subject: Summary: Universal Health Care Services Inc proposes a site plan and conditional use pennit for the Temecula Hospital project, 535,000 sq ft of medical facilities located on 35 now vacant acres Yo mile west of the SR79-Margarlta Rd intersection In a rapidly expanding commercial district of Temecula. This will be the first full.facility medical Institution In Southwest Riverside County and will be a distinct asset to the community, challenging planners and engineers to provide a robust suite of mobility options for access to It The project includes the following components: . 176-bed, 6-story hospital building, Including Emergency admittance . A 5-story expansion of the hospital . Two multl-story medical office buildings . Cancer center . Fitness center . 1280 parking spaces The site plan's perimeter and Interior circulation patterns are very good, with primary access provided directly off a signalized intersection at SR 79 and Country Glen Wy. The hospital's main building entrance will have a covered drive-thru loop suitable for van. pools, paratransit and most private vehicles. Several ADA paths-of.travel are specified on the site plan for connection between the main hospital and all perimeter driveways. RT A operates Route 24 along some portions of SR79 but the bus currently does not stop at this site. RTA is currently studying a general reconfiguratlon of bus routes In South. west Riverside County and anticipates additional bus service along SR79 and Margarita Rd In the relatively near future since It is an important arterial that would serve many commercial generators of bus traffic. In considering what transit amenities would be appropriate for the Temecula Hospital site, RTA staff looked at other comparable hospitals in the Inland Counties. In some cases, such as Route 17, the hospital is Important enough to be the route tennlnus or name of the line as Identified on the bus itself. Also, several distinct transit routes often serve a single large hospital, as listed on the next page. . . It was found that in general, buses would come onto the site, close to the main building, . to drop off and pick up passengers if the facility was publicly owned, such as Riverside F:\dala\P1anning\MikeMlWordl\Oev Review\T emecula\2004\T emeculaHosp.doc i. . 1 , ,I. 1 Ie County General Medical Center In Moreno Valley. For privately owned hospitals, like Kaiser or San Gorgonlo, the transit stop was always off the property along a nearby street. Some examples of transit service and stops are: _Kaiser Hospital in Riverside: 2 lines, with transit stops along Magnolia having multiple turnouts, benches and shelters, etc; _ Lorna Unda Hospital: 3 lines, with transit stops at several locations on perimeter of complex and other nearby medical facilities such as the Veterans Hospital; _ Riverside General: 3 lines, with transit center and bus turn-around on site, very close and convenient to main building; _ Riverside Community: 2 lines, bus stops along Magnolia, off the property; _ Corona Regional Med ctr: 2 lines, bus stops along S Main Sf, off the property; _ st. Bernardine Med ctr: 3 lines, multiple bus stops along various perimeter sts Smaller hospitals such as Menifee Valley Med Ctr or the Inland Valley Regional Medical Ctr are not expected to be comparable to the planned Temecula facility upon its full bulld-out. RT A staff believes Riverside's Kaiser Hospital bus stop configuration would be most comparable with the future needs of the proposed Temecula facility, since the former also has several medical towers, doctor offices and a similar perimeter access road network. No on-site access for regular transit buses is anticipated at either site. To ensure safety and convenience of future transit operations at the Temecula Hospital, RTA Is respectfully requesting the site plan or associated street engineering plans be amended to include a two or three-bay bus stop and bus turnout located at: _ North side of State Highway 79, on the far side (west of) the proposed signalized Intersection with Country Glen Wyand the primary hospital entrance. The stop's taper, or entrance area, should begin no closer than 50 feet from the end of the Intersection's radius and extend for no less than 220 ft to accommodate two parked buses. The exact position would depend on location of utility structures, commer- cial signs, street lighting, key landscaping and other factors. The minimum depth (i.e. width) of the turnout is 10 It, however this may be reduced to 5 ft if a designa- ted, striped bike path is installed along this portion of State Highway 79. _ Additionally, RT A requests the site plan specify another clear path of travel from the main building going directly out to the requested bus stop location. . RTA staff also requests that the project proponents consider investing In some additional architectural amenities for the bus stop, its benches and shelters by perhaps taking this opportunity to make a positive visual statement at this site In the interests of maintaining the community Image of Temecula. Because this facility will be one of the most well-known and visited places In the city, its bus stop is deserving of a hlgh-quality bench and shelter that are visually compatible and complimentary to the main building architectural theme. The applicant's architect or engineers are urged to contact RT A staff for further details. RTA staff will request the multi-bay bus turnout and the path of travel discussed above be made conditions of approval for cases 04-0462 and 04-0463. RT A staff will work with future deVelopers ofthe eastbound bus stop site (across SR 79) to ensure it is comparable and compatible with the stop in front of the Hospital. INITIAL REVIEW INFORMATION - Review completed date: July 21,2004. F:ldatalPlanninglMikeMlWordlDev ReviewlT emecula\2004IT emeculaHosp.doG / @ IaDCho later Board of D1netori John E. Hoagland President c..ha F.Ko Sr. Vice President Stephen J. CoI'OJ18 Ralph R Daily Bell R. DrAke LlsaD.Hel'lllaD. .John V. Rossi Officers: Brl.an J. Brady G.nemlM>nager PhiUlp L FoJ'bes Director ()f FinanCEl- Treasurer &P. "Bob- Lemons Director of Engineering peny R. Louck Contzoll.... .......M........., Distrid SeaeWy/Administrative ~M>nager C. Michael Cowett Best Best '" Krieger I..LP Gen""'~ , July 12, 2004 j;::'~: -> Dan Long, Project Planner ~<. ~ City of Temecula 0'/;;> .{' . . Planning Department :e; /) .1'.). Post Office Box 9033 v~l"~ -2 Temecula, CA 92589 _ 9033 'V @~~ ;::::;; SUBJECT: WATER AVAILABILITY, TEMECUL GIONALHOSPITALj PARCELS NO.1, NO.2, AND NO.3 OF PARCEL MAP 13043; PARCEL 4 OF PARCEL MAP 6813; AND PARCELS NO.1, NO.2, NO.3, AND NO.4 OF PARCEL MAP 13734; APN 959-080-001 THROUGH APN 959-080-004, AND APN 959-08Q..OO7 THROUGH APN 959-080-010; P A04-0462 AND P A04-0463 Dear Mr. Long: Please be advised that the above-referenced pwp""J is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon construction of any required on-site and/or off- site water facilities and the completion of financial arrangements between RCWD and the property owner. If fIre protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the l'wl'",'J owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. " All on-site public water facilities will require public utility easements in favor of RCWD. The project proposes to relocate RCWD's 12-inch discharge pipeline and the associated easement from RCWD Well No. 120. This pipeline must be contained within a minimum 20-foot-wide easement, which is located such that no permanent structures or trees are located within its boundaries. The project proponent should schedule a meeting with RCWD to confirm and detail these requirements. If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT /11.;/ /J/z ~c~e;erpe~er, P. Development Engineering 04\MM"ncOI8\FCF . c: Laurie Williams, Engineering Services Supervisor Bud Jones. Engineering Project Coordinalor , Rancho CaJifol'Dla Water District 42135WmehesteJ'Road .. Post Office Box. 9017 .. Tenwcula,Clllifurnil:l.92589-9017 - (009)296-Ggoo-FAX{9W)Z96-6860 . . . ATTACHMENT NO.6 PC RESOLUTION NO. 05-_ (TENTATIVE PARCEL MAP) R:\C U P\2004\04-0463 Temecula Regional Hospital\PC I 1-16-05\PC-STAFFREPORTI 1-16-05 v2.doc 41 . . I I :. PC RESOLUTION NO. 05-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING - TENTATIVE PARCEL MAP NO. 32468, TO CONSOLIDATE EIGHT LOTS TOTALING 35.31 ACRES INTO 1 PARCEL, LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 959-080-001 THROUGH 959- 080-004 AND 959-080-007 THROUGH 959-080-010 (PA04- 0571 ) WHEREAS, Universal Health Services of Rancho Springs, Inc. (UHS), filed Planning Application Nos. PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463 Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 70 feet west of Margarita Road, known as Assessors Parcel No(s). 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"); WHEREAS, the Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act; and, . WHEREAS, the Planning Commission considered the Project on April 6, 2005, 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 maller; and WHEREAS, the Planning Commission, based on testimony presented by the general public, determined that a Focused Environmental Impact Report would be required for this Project; and WHEREAS, on April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Focused Environmental Impact Report for the Project; and WHEREAS, a Draft Focused Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines and circulated for public review from September 28, 2005 through October 8, 2005; and R:\City Council Agenda Manager\2005\112205\Regional HQspitaJ\Hospital Staff Report and Resos\PC Reso TPM.DOC WHEREAS, the Planning Commission again considered the Project on November 16,2005, 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 maller; and WHEREAS, The Planning Commission adopted Resolution No. 05-_ recommending that the City Council certify the Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project; and WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recitals. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinas. That the Planning Commission, in recommending approval of the Application, hereby recommends the following findings as required in Section 16.09.140 of the Temecula Municipal Code. A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, Subdivision Ordinance, General Plan, and the City of Temecula Municipal Code because the proposed subdivision map is . consistent with the development standards within the Development Code, Subdivision Ordinance and related General Plan Amendment; B. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract; C. The site is physically suitable for the uses and proposed density as shown on the tentative map as proposed by the Applicant; D. The design of the proposed subdivision and the proposed improvements, with appropriate conditions of approval, is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There are no known fish, wildlife or habitat on the Project site, and the Project will not affect any fish, wildlife or habitat off-site. In addition, a Mitigated Negative Declaration has been prepared and certified prior to action on the Application; E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; . R:\City Council Agenda Manager\2005\112205\Regional Hospital\l-lospital Staff Report and Resos\PC Rasa TPM.DOC F. The design of the subdivision provides for future passive or natural heating or . cooling opportunities in the subdivision to the extent feasible; G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided; fees. H. The subdivision is a commercial/office Project and is not subject to Quimby Section 3. Recommendation of Aooroval. Based upon the findings set forth above, the Planning Commission of the City of Temecula hereby recommends that the City Council approve the Project (Tentative Parcel Map No. 32468) to consolidate eight parcels totaling 35.31 acres into one parcel subject to the Project specific conditions set forth on Exhibit A, allached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 16th day of November, 2005. . David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] . R:ICity Council Agenda Manager\20051112205\Regional HospitallHospital Staff Report and ResoslPC Reso TPM.DOC STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 05-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16th day of November, 2005, by the following vote of the Commission: AYES: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\PC Rase TPM.DOC . . . . . . EXHIBIT A CITY COUNCIL RESOLUTION 05-_ (TENTATIVE PARCEL MAP) R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Resa TPM.doc . I i . ,:. RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING - TENTATIVE PARCEL MAP NO. 32468, TO CONSOLIDATE EIGHT LOTS TOTALING 35.31 ACRES INTO 1 PARCEL, LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0571) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findinas. The City Council of the City of Temecula does hereby find, determine and declare that: A. Universal Health Services of Rancho Springs, Inc.(UHS), filed Planning Application Nos. PA04-0462, General Plan Amendment; PA 05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463 Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 70 feet west of Margarita Road, known as Assessors Parcel No(s). 959-080-001 through 959- 080-004 and 959-080-007 through 959-080-010 ("Project"). B. The Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. The Planning Commission considered the Project on April 6, 2005, 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 maller. D. The Planning Commission, based on testimony presented by the general public, determined that a Focused Environmental Impact Report would be required for this Project. E. On April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Focused Environmental Impact Report for the Project. F. A Draft Focused Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines and circulated for public review from September 28, 2005 through October 8, 2005. R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC Resa TPM.doc G. The Planning Commission again considered the Project on November 16, 2005, 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 maller; and H. The Planning Commission adopted Resolution No. 05-_ recommending that the City Council certify the Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project. I. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 05-_ , recommending approval of Tentative Parcel Map No. 32468. J. The City Council has held a duly noticed public hearing on November 22, 2005, to consider the proposed General Plan Amendment. K. Following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council, and due consideration of the proposed Project, the City Council adopted Resolution No. 05- , entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR PLANNING APPLICATION NOS. PA04-0462 (GENERAL PLAN AMENDMENT) PA05-0302 (ZONE CHANGE), PA04-0463 (CONDITIONAL USE . PERMIT AND DEVELOPMENT PLAN) AND PA04-0571 (TENTATIVE PARCEL MAP) AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE PROPERTY CONSISTING OF APPROXIMATELY 35.31 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 70 FEET WEST OF MARGARITA ROAD, KNOWN AS ASSESSORS PARCEL NO(S). 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0462, PA05-0302, PA04-0463, PA04-0571)." The Final Environmental Impact Report (FEIR) and mitigation monitoring reporting program accurately addresses the impacts associated with the adoption of this Resolution. L. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Findinas. makes the following findings: The City Council of the City of Temecula hereby A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, Subdivision Ordinance, General Plan, and the City of Temecula Municipal Code. B. The Tentative Map does not propose to divide land, which is subject to a . contract entered into pursuant to the California Land Conservation Act contract of 1965, or the land is subject to a Land Conservation Act contract. R:ICity Council Agenda Managerl200511122051Regional HospilallHospilal Staff Report and ResoslCC Reso TPM.doc . . I. C. The site is physically suitable for the uses and proposed density as shown on the tentative map as proposed by the Applicant; D. The design of the proposed subdivision and the proposed improvements, with appropriate conditions of approval, is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There are no known fish, wildlife or habitat on the Project site, and the Project will not affect any fish, wildlife or habitat off-site. In addition, a Mitigated Negative Declaration has been prepared and certified prior to action on the Application; E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. H. The subdivision is a commercial Project and is not subject to Quimby fees. Section 3. Conditional Aooroval. The City Council of the City of Temecula hereby approves Tentative Parcel Map No. 32468, Application No. PA04-0571, consolidating eight parcels totaling 35.31 acres into 1 parcel, for the property generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as assessors parcel no(s). 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 subject to the specific conditions set forth in Exhibit A, allached hereto, and incorporated herein by this reference as though set forth in full. Section 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this _ day of ,2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R:ICity Council Agenda Managerl200511122051Regional HospitallHospital Slaff Report and ResoslCC Reso TPM.doc STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 05-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the _ day of , 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk R:\City Council Agenda Manager\2005\ 112205\Regional Hospital\Hospital Staff Report and Resos\CC Reso TPM.doc . . . . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP R:\City Council Agenda Manager\2005\112205\Regionat Hospital\l-lospital Staff Report and Resos\CC COAs TPM.doc 1 . i. '1 , ,. I EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0571 Project Description: A Tentative Parcel Map (TPM 32468) to consolidate eight parcels totaling 35.31 acres into one parcel located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road. Assessor's Parcel No.: 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 D1F: Office TUMF: Service Commercial/Office MSHCP: Commercial Approval Date: November 22, 2005 Expiration Date: November 22, 2008 R:\City Council Agenda Manager\2005\112205\Regional HospitaN-lospital Staff Report and Resos\CC COAs TPM.doc 2 GENERAL REQUIREMENTS . Planning Department 1. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection 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. The tentative subdivision shall comply with the State of California Subdivision Map Act and to the City of Temecula Subdivision Ordinance, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. 3. The applicant shall comply with the phasing plan, as superseded by these conditions of approval. 4. The applicant shall comply with the Mitigation Monitoring Program for Planning Application Nos. PA04-0462, PA04-0463 and PA04-0571. . 5. The owners association may not be terminated without prior City approval. 6. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director 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. All the foregoing conditions shall be complied with prior to occupancy or nay use allowed by this permit. Public Works Department 8. It is understood that the Developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 9. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. . R:\City Council Agenda Manager\2005\112205\Regional HospitaN-lospitaJ Staff Report and Resos\CC COAs TPM.doc 3 . . . 10. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 11. All improvement plans and grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 12. All on-site drainage facilities shall be maintained by a private maintenance association or property owner. 13. All utilities, except electrical lines rated 34kv or greater, shall be installed underground. 14. The driveway on De Portola Road will be restricted to right-in/right-out/left-in movements. WITHIN FORTY-EIGHT (48) HOURS OF PROJECT APPROVAL It is understood that the Developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. Planning Department 15. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Nine Hundred Twenty-Eight Dollars ($914.00) which includes the Eight Hundred and Fifty Dollar ($850.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty Four Dollars ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21151 and California Code of Regulations Section 15904. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). PRIOR TO THE ISSUANCE OF A GRADING PERMIT Planning Department 16. A copy of the Rough Grading plans shall be submitted and approved by the Planning Department. 17. The applicant shall comply with the provisions of Chapter 8.24 of the Terrecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. 18. The following shall be included in the NDtes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to R:\City Council Agenda Manager\2005\112205\RegionC3,1 Hospital\1-lospital Staff Report and Resos\CC COAs TPM.doc 4 consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the . discovery is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeologicaVcultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning. 19. A qualified paleontologist/archaeologist shall be chosen by the developer for consultation and comment on the proposed grading with respect to potential paleontological/ archaeological impacts. A meeting between the paleontologist/ archaeologist, Planning Department staff, and grading contractor prior to the commencement of grading operations and the excavation shall be arranged. The paleontologist/archaeologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. 20. The Pechanga Band of Luiseno Indians shall be contacted to afford the Band an opportunity to monitor ground-disturbing activities and participate in the decisions regarding collection and curation of any such resources. The applicant shall submit correspondence to the Planning Department that confirms that such contact has been made prior to the issuance of a grading permit. The Applicant shall enter into a pre-constructiDn agreement/treatment plan with the Pechanga Band of Luiseno Indians, prior to the issuance of grading permits that sets forth and contains the terms and conditions for the treatment of discoveries of Native American cultural resources. The agreement/treatment plan shall contain provisions for the treatment of all Native American cultural items, artifacts, and human remains that may be uncovered during the project. The agreement/treatment plan may allow for the presence of Pechanga tribal monitors during any ground-disturbing activities. The applicant shall submit a signed copy of the pre-construction agreement/treatment plan to the Planning Department prior to the issuance of a grading permit. 22. The Applicant and/or landowner agrees to relinquish all cultural resources, including all archeological artifacts, that are found on the Project area to the Pechanga Band of Luiseno Indians for proper treatment and disposition. This mitigation measure shall be placed on the grading plan as a note prior to issuance of a grading permit. 21. . 23. Prior to any ground disturbance activities a qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Band of Luisefio Indians and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. This mitigation measure shall be placed on the grading plan as a note prior to issuance of a grading permit. 24. If any human remains are encountered on the project site, all ground disturbing activities in the vicinity of the discovery will be terminated immediately and the County Coroner's office and the Pechanga Band of Luiseno Indians will be contacted to arrange for the treatment of such remains. This mitigation measure shall be placed on the grading plan as a note prior to issuance of a grading permit. R:ICity Council Agenda Managerl20051112205IRegional Hospila~ospilal Staff Report and ResoslCC COAs TPM.doc 5 . . . . Public Works Department 25. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. 26. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 27. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. PRIOR TO RECORDATION OF A FINAL MAP Planning Department 28. The following shall be submitted to and approved by the Planning Department: a. A copy of the Final Map. b. A copy of the Environmental Constraint Sheet (ECS) with the following notes: i. This property is located within thirty miles (30) of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. ii. An Environmental Impact Report was prepared for this project and is on file at the City of Temecula Planning Department. iii.' This project is within a liquefaction hazard zone. iv. This property is located within an area identified by the City ofTemecula General Plan as being a sensitive area with regards to archeological and paleontological resources. c. In the event the project site is subdivided into multiple parcels, an Owner's Association shall be required to be formed. In addition, Covenants, Conditions, and Restrictions (CC&R's) shall be submitted the City of Temecula for review and approval. CC&R's shall address the following: i. CC&R's shall be reviewed and approved by the Planning Director. The CC&R's shall include liability insurance, identify and include methods of maintaining all open space, landscape areas, drive aisles, private roads, parking areas, exterior of all buildings and any common areas. ii. The CC&R's shall be prepared at the developer's sole cost and expense. iii. The CC&R's shall be in the form and content approved by the Planning Director, City Engineer and the City Attorney and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and it's citizens. R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC COAs TPM.doc 6 iv. The CC&R's and Articles of Incorporation of the Property Owner's Association . are subject to the approval of the Planning and Public Works Departments and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. v. The CC&R's shall provide for the effective . establishment, operation, management, use, repair and maintenance of all common areas, drainage and facilities. vi. The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. vii. The CC&R's shall provide that the association may not be terminated without . prior City approval. viii. The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City Ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. ix. All open areas and landscaping shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Public Works Department prior to the issuance of building permits. Public Works Department . 29. The Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Riverside County Flood Control and Water Conservation District d. City of Temecula Fire Prevention Bureau e. Planning Department f. Department of Public Works g. Riverside County Health Department h. Cable TV Franchise i. Community Services District j. Verizon k. Southern California Edison Company I. SDuthern California Gas Company 30. The Developer shall design and guarantee construction of the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: a. Improve Highway 79 South (Urban Arterial Highway Standards - 134' R/W) to R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC COAs TPM.doc 7 . . . ,. ! , , include installation of sidewalk, streetlights, drainage facilities, signing and striping, and utilities (including but not limited to water and sewer connections) i. Westbound a) The dedicated right turn lane into the main entry (Country Glen Way) shall be , 12 feet wide and 200 feet long at a minimum. b) Provide three (3) thru lanes c) Provide one (1) thru lanes ii. Eastbound a) Provide two (2) left turn lanes b) Provide two (2) thru lanes and c) Provide one (1) shared thru/rightlane iii. Modify the existing traffic signal at the intersection of Highway 79 South and Country Glen Way. b. Improve De Portola Road (Modified Secondary Arterial (4 lane separated) - 88' R/W) to include installation of half-width street improvements, paving, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer connections) c. Improve Dartolo Road (Collector - 78' R/W) include dedication of full-width street right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). d. State Route 79/Redhawk Parkway (Margarita Road) - Provide southbound and eastbound right turn traffic signal overlap 31. Private roads shall be designed to meet City public road standards. Unless otherwise approved the following minimum criteria shall be observed in the design of private streets: a. Dona Lynora (66' R/W) to include the installation of half-width street improvements, paving, curb and gutter, utilities (including but not limited to water and sewer) b. Private 28 foot wide ingress/egress road connecting to De Portola Road to include installation of paving and curb per the approved site plan. c. Main Entry/Country Glen Way i. Provide a 245' continuous median from Highway 79 South to main drive aisle ii. Southbound (exiting site) a) Provide two (2) left turn lanes b) Provide a 20 fDot wide shared thru/rightturn lane iii. Northbound (entering site) - 28 foot wide 32. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: R:\City Council Agenda Manager\2005\112205\Regional HospitaJ\I-Iospital Staff Report and Resos\CC COAs TPM.doc 8 Street centerline grades shall be 0.5% minimum over P .C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City Standard No. 207 A. Street lights shall be installed along the public streets shall be designed in accordance with City Standard No. 800, 801, 802 and 803. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401. e. All street and driveway centerline intersections shall be at 90 degrees. f. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. g. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. h. All utilities, except electrical lines rated 34kv or greater, shall be installed underground a. b. c. d. 33. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Department of Public Works for any street closure and detour or other disruptiDn to traffic circulation as required by the Department of Public Works. Relinquish and waive right of access to and from Highway 79 South on the Parcel Map with the exception of two (2) openings as delineated on the approved Tentative Parcel Map. 35. Relinquish and waive right of access to and from De Portola Road on the Parcel Map with the exception of one opening as delineated on the approved Tentative Parcel Map. 34. 36. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 37. Any delinquent property taxes shall be paid. 38. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel Map to delineate identified environmental concerns and shall be recorded with the map. 39. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 40. The Developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the Parcel Map for recordation, enter into an agreemenllo complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the Developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC COAs TPM.doc 9 . . . . . . obtained by the Developer, at the Developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 41. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control and Water Conservation District for approval prior to recordation of the Parcel Map or the issuance of any permit. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. 42. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. 43. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. 44. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." Fire Department 45. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 21/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The . . required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) 46. The Fire Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix III-A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4000 GPM at20-PSI residual operating pressure with a 4 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix III-A) 47. Prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in an ESRI Arclnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone VI) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC COAs TPM.doc 10 48. This parcel shall maintain reciprocal access to all parcels. PRIOR TO ISSUANCE OF BUILDING PERMITS . Public Works 49. Prior to the first building permit, Parcel Map No. 32468 shall be recorded, unless otherwise approved by the Director of Public Works. . 50. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 51. Grading of the subject property shall be in accordance with the California Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 52. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 53. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. . PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY Public Works 54. Prior to the first Certificate of Occupancy in Phase I, the following improvements shall be constructed and operational: a. Highway 79 South i. Traffic signal modifications at the intersection of Highway 79 South and Country Glen Way ii. Roadway improvements a) Westbound (i) Provide a dedicated right turn lane - 12 foot wide by 200 feet long (ii) Provide three (3) thru lanes (iii) Provide one(1) left turn lane R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC COAs TPM.doc 11 . . . . 55. b) Eastbound (i) Provide two (2) left turn lanes (i1) Provide two (2) thru lanes and (iii) Provide one (1) shared thru/rightlane Main Entry/Country Glen Way i. Provide a 245' continuous median from Highway 79 South to main drive aisle ii. Southbound (exiting site) a) Provide two (2) left turn lanes b) Provide a 20 foot wide shared thru/rightturn lane i1i. Northbound (entering site) - 28 foot wide De Portola Road (Modified Secondary Arterial (4 lane separated) - 88' R/W) i. Half-width roadway improvements ii. 28 foot wide internal ingress/egress connection from project site to De Portola Road State Route 79/Redhawk Parkway (Margarita Road) i. Southbound and eastbound right turn traffic signal overlap Dona Lynora (66' R/W) i. Installation of half-street improvements, paving, curb and gutter, utilities (including but not limited to water and sewer) ii. Restricted to right in/right out vehicular movement Prior to the first Certificate of Occupancy in Phase II, the following improvements shall be constructed and operational: a. Dartolo Road (Principal Collector - 78') i. Provide an internal connection from project site to Dartolo Road As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: b. c. d. e. 56. a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 57. All public improvements, including traffic signal modification, shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 58, The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC COAs TPM.doc 12 OUTSIDE AGENCIES 59. The applicant shall cDmply with the attached letter dated November 19, 2004 from the Rancho California Water District. . 60. The applicant shall comply with the attached letter dated January 19, 2005 from the Department of Environmental Health. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name R:\City Council Agenda Manager\2005\112205\Regional Hospital\Hospital Staff Report and Resos\CC COAs TPM.doc 13 . . . .~~ . July 7, 2004 COUNTY OF RIVERSIDE · COMMUNITY HEALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH City of Temecula Planning Deparbnent P.O. Box 9033 Temecula, CA 92589-9033 Attention: Dan Long 'rn~-:' ~~ \1 \'.1 I;~~. il J'" ',n04' I l.. v tI i...J' Ii! - b..J By - ~ :::<... RE: Plot Plan No. P A04-0462 & P A04-0463 Dear Mr. Long: Department af Environmental Health has reviewed the Plat Plan No.. PA04-0462 & PA04-0463 to construct Temecula Regional Haspital and has no. abjectians. Water and sewer services shauld be available in this area, althaugh we have nat in receipt af any infarmatian cancerning thase services. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD BE REQUIRED: a) "Will-serve" letters from the ..yywy.~ate water and sewering districts. . b) Any food establishments, (including vending machines), shall require three complete sets af plans far each faad establishment will be submitted including a fixture schedule, a finish schedule and a plumbing schedule in arder to. ensure compliance with the Califarnia Unifarm Retail Food Facilities Law 2. Far specific reference, contact Food Facility Plan Examiners at (909) 600-6330. c) Any hazardaus materials handling ar starage shall require a clearance letter fram the Department afEnviranmental Health Hazardaus Materials Management Branch (955- 5055) Sincerely, Sam Martinez, Supervising Environmental Health Specialist (909) 955-8980 NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Deparbnent of Environmental Health clearance. 00: Daug Thompson, Hazardous Materials . lou. Enforcement Agency. P.0. Box 1280, Riverside, CA 92502-1280 . (909) 955-8982 . FAX (909) 781-9653 . 4080 lemon Street, 9th Floor, Riverside, CA 92501 \-d llH...d Waler Engineering' P.o.. Box 1206, Riverside, CA 92502-1206 . (909) 955-8980 . FAX (909)955-8903 . 4080 lemon 5lree~ 2nd Floor, Riverside, CA 92501 WARREND. WILLIAMS General Manager-Chief Engineer 1995 MARKET STREET RIVERSIDE, CA 92501 909.955.1200 909.788.9965 FAX 51180.1 . City of T emecula Planning Department Post Office Box 9033 lemecula, California 92589-9033 Attention: ~ \..<>tJtt RIVERSIDE COUNTY FLOOD CONTR ror~ @ I~ 0 \fJ ~. -"11- AND W AlER CONSERVATION DISTR iW U. i: JUL 2 8 2004 J L! J Bv Ladies and Gentlemen: Re: 1"A O'H)'IIot. ! PI>- t>t-04~ The District does not nonnally recommend conditions for land divisions or other land use cases in illCQfPOrated cities. The District also does not plan check ci,ly land use cases, or provide State Division of Real Estate letters or other flood hazard, "'I'U' '" for such cases. Distilct comments/recommendations for such cases are nonnally limited to items of specific Interest to the District Including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, infonnatlon of a general nature is provided. . The District has not reviewed the proposed project in detail and the following checked comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: . This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional Interest proposed. -.K- This project involves District Master Plan facilities. The District will accept ownershil> of such facilities on written request of the City. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. This project proposes channels, stonn drains 36 inches or larger in diameter, or other facilities that could be conSidered regional in nature and/or a logical extension of the adopted Master Drainage Plan. The District woulll consider accepting ownership OT sucn TaClllues on wntten request of the City. Facilities must be constructed to District standards, and District plan check and ins~on will be required for District acceptance. Plan check, inspection and administrative fees will be required. This project is located within the limits of the Districfs Area Drainage Plan for which drainage fees have been adoPleo; appllcaDle Tees snoUlo oe palo DY cashie~s check or money order only to tfle Flood Control District prior to issuance of building or grading pennits whichever comes firs!. Fees to be paid should be at the rate in effect at the time of issuance of the actual penni!. GENERAL INFORMATION . This project may require a National Pollutant Discharge Elimination System (NPDESl pennit from the State Water Resources Control Board. Clearance for grading, recordation, or other final approval should not be given until the City has detennined thalthe project has been granted a pennit. or is shown to be exempt. If thi~ project invc;>lves a Fedel'!ll Emergenc;y Managem.ent Agency (FEMAl mapped f1D9d plain, .then the City should requlreffie applicant to prOVide all studies calculations, Plans and' other Infonnation reqUired to meel FEMA requirements, and should further require thai the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped flood plain is impacted by this project. the City should require the applicant to obtain a Section 1601/1603 Agreement from the California Department of Fish and Game and a Clean Water Act Section 404 Penni! from the U.S. Anny Corps of Engineers, or written correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Waler Qualitv Certification may be required Trom the local California Regional Water Quality Control Board prior to issuance of tne Corps 404 penni!.. K ,..J ~c;,J1 'PfS'/4..\I. ,srt'1tI.,L.. 13~ - tl~l1'<-I,JE:" fO(2. MJy "JD(l..l'- Wl"f1+'IN f'~ })IS~ c.T f-\qt\'1-W- """'1 'II-' vJ 1T\'t DI&Tfl-Ic-. ~l.../T1P.S. -rt::'r-\l!!.cIM..,.. q~\'" L-{~~-/ c:....to..I Very truly yours, c::U;4 ARTURO DIAZ Senior Civil Engineer Date:_, ////1/.21 .:Jm-( . . i 'I . '. ~j.. z_ - Riverside Transit Agency 1825 Third Slreel P.O. Box 59966 Riverside, CA 92517.1968' Phone: (909) 565-5000 Fax: (909) 565-5001 July 21, 2004 Mr. Dan Long, Case Planner Planning Dept., City ofTemecula P.O. Box 9033 Temecula, CA 92589-9033 SUBJECT: P04..()462 and PA04..()463 - Temecula Hospital- Comments from RTA Dear Mr: Long: Thank you for the opportunity to review the site plan for the proposed 535,000 sq fl medical complex at Temecula Hospital along State Route (SR) 79. A copy of RTA Planning's intemal Development Review Memo is enclosed and provides additional rationale and technical detail in support of the requests for transit amenities that would expand mobility options for this project. To encourage and enhance future transit options at Temecula Hospital, RTA recommends the site plan or street improvement plans be revised at to show the following features: . A paved, lighted, and ADA-o.-vll'l':iant transit bus stop with a 220 ft-Iong tumout configura- tion capable of accommodating two parked buses, to be installed along the N side of SR 79. just west of the primary hospital entrance. The bus stop should incorporate a paved passenger waiting area and space for installation of benches and passenger shelters. . Information note: SUfficient right-of-way appears available for this tumout without significant adjustment to sidewalks, loss of parking spaces or required landscaping and with minimum disturbance of future street tree or utility structure installations. .RTA staff is also recommending designation on the plans of an additional specified clear path of travel from the bus stop to the entrance of the main hospital building. . RT A staff also advises that the project proponents work with the City to install two new passenger shelters at the new bus stop that are complimentary to the hospital's design and architectural themes. RTA requests these recommendations be made conditions of approval for PA 04-0462 and PA04-0463. If you need further clarification or I can be of further assistance, please call me at (909) 565-5164 or contact me online at mmccov(cj)riversidetransit.com. Si?::wJnc Michael McCoy Senior Planner F:ldatalPlanninglMikeMlWordIDev ReviewlTemecula\2004lRTA Llrhd - Temec Hosp.doc :;-~ ._~ RIverslde Tr.ml AgencJ July 21,2004 PLANNING DEPARTMENT MEMO . DEVELOPMENT REVIEW To: From: Anne Palatino, Director of Planning Michael McCoy, Senior Planner ~ City of Temecula, Cases PA04-0462 & -0463: Plot Plan review and CUP for 535,000 sq ft of hospital and medical-related facilities, N of State Route (SR) 79 and W of Margarita Rd; Riverside Transit Agency (RTA) Comments Bus routes involved: Existing Route 24 and future bus routes Subject: Summary: Universal Health Care Services Inc proposes a site plan and conditional use permit for the Temecula Hospital project. 535,000 sq ft of medical facilities located on 35 now vacant acres V. mile west of the SR79-Margarita Rd intersection in a rapidly expanding ~v......ercial district of Temecula. This will be the first full-facility medical institution in Southwest Riverside County and will be a distinct asset to the community, challenging planners and engineers to provide a robust suite of mobility options for access to ~ The project includes the following components: . 176-bed, 6-story hospital building, including Emergency admittance . A 5-story expansion of the hospital . Two multi-story medical office buildings . Cancer center . Fitness center . 1280 parking spaces . The site plan's perimeter and interior circulation patterns are very good, with primary access provided directly off a signalized intersection at SR 79 and Country Glen Wy. The hospital's main building entrance will have a covered drive.thru loop suitable for van- pools, paratransit and most private vehicles. Several ADA paths-of.travel are specified on the site plan for connection between the main hospital and all perimeter driveways. RTA operates Route 24 along some portions of SR79 but the bus currently does not stop at this site. RTA Is currently studying a generai reconfiguratlon of bus routes In South. west Riverside County and anticipates additional bus service along SR79 and Margarita Rd In the relatively near future since it is an important arterial that would serve many commercial generators of bus traffic. In considering what transit amenities would be appropriate for the Temecula Hospital site, RTA staff looked at other comparable hospitals in the Inland Counties. In some cases, such as Route 17, the hospital is Important enough to be the route terminus or name of the line as identified on the bus itself. Also, several distinct transit routes often serve a single large hospital, as listed on the next page. It was found that in general, buses would come onto the site, close to the main building, . to drop off and pick up passengers If the facility was publicly owned, such as Riverside F:\dalaIPlanningIMikeMlWordWev ReviewlT emecula\2004IT emeculaHosp.doc ., '. 'I County General Medical Center in Moreno Valley. For privately owned hospitals, like Kaiser or San Gorgonio, the transit stop was always off the property along a nearby street. Some examples of transit service and stops are: . Kaiser Hospital in Riverside: 2 lines, with transit stops along Magnolia having multiple turnouts, benches and shelters, etc; . Loma Linda Hospital: 3 lines, with transit stops at several locations on perimeter of complex and other nearby medical facilities such as the Veterans Hospital; . Riverside General: 3 lines, with transit center and bus turn-around on site, very close and convenient to main building; . Riverside Community: 2 lines, bus stops along Magnolia, off the property; · Corona Regional Moo Ctr: 2 lines, bus stops along S Main St, off the property; · St. Bernardine Med Ctr: 3 lines, multiple bus stops along various perimeter sts Smaller hospitals such as Menifee Valley Med Ctr or the Inland Valley Regional Medical Ctr are not expected to be comparable to the planned Temecula facility upon its full lluild-out. RTA staff believes Riverside's Kaiser Hospital bus stop configuration would be most comparable with the future needs of the proposed Temecula facility, since the former also has several medical towers, doctor offices and a similar perimeter access road network. No on-site access for regular transit buses is anticipated at either site. To ensure safety and convenience of future transit operations at the Temecula Hospital, RT A is respectfully requesting the site plan or associated street engineering plans be amended to include a two or three-bay bus stop and bus turnout located at: . · North side of State Highway 79, on the far side (west of) the proposed signalized intersection with Coun~ Glen Wyand the primary hospital entrance. The stop's taper, or entrance area, should begin no closer than 50 feet from the end of the intersection's radius and extend for no less than 220 ft to accommodate two parked buses. The exact position would depend on location of utility structures, commer- cial signs, street lighting, key landscaping and other factors. The minimum depth (i.e. width) of the turnout is 10ft, however this may be reduced to 5 ft if a designa- ted, striped bike path is installed along this portion of State Highway 79. ., I I i I · Additionally, RT A requests the site plan specify another clear path of travel from the main building going directly out to the requested bus stop location. · RT A staff also requests that the project proponents consider investing In some additional architectural amenities for the bus stop, its benches and shelters by perhaps taking this opportunity to make a positive visual statement at this site in the interests of maintaining the community image of Temecula. Because this facility will be one of the most well-known and visited places in the city, its bus stop is deserving of a high-quality bench and shelter that are visually compatible and complimentary to the main building architectural theme. The applicant's architect or engineers are urged to contact RT A staff for further details. RT A staff will request the multi-bay bus turnout and the path of travel discussed above be made conditions of approval for cases 04-0462 and 04-0463. RT A staff will work with future developers of the eastbound bus stop site (across SR 79) to ensure it is comparable and compatible with the stop in front of the Hospital. . INITIAL REVIEW INFORMA nON - Review completed date: July 21, 2004. F :ldaIaIPlanningIMikeMlWord\Dev ReviewlT emecula\2004\T emeculaHosp.doc / @ IanchD '* Board ofDirectoril John E. Hoagland Pre$ident c.aba F. Ko Sr. Vice President Stephen J. Corona Ralph H. Daily Ben R. Drake Lisa D. Herman John V. Rossi Officers: Brian J. Brady Genernl Manager Phillip L Forbes Director of Finance- Tr-easurer E.P. "Bob" Lemons Director of Engineering Petty R. Louc:k Con""",, Uncia M. Fregoso District '::'~..........~,~\dminilitratiVB Services Manager C. Michael Cowett Best Best & Krieger LLP Genernl """"""' " July 12, 2004 , Dan Long, Project Planner City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589 - 9033 . SUBJECT: WATER AVAILABILITY, TEMECUL GIONAL HOSPITAL; PARCELS NO.1, NO.2, AND NO.3 OF PARCEL MAP 13043; PARCEL 4 OF PARCEL MAP 6813; AND PARCELS NO.1, NO.2, NO.3, AND NO.4 OF PARCEL MAP 13734; APN 959-080-001 THROUGH APN 959-080-004, AND APN 959-080-007 THROUGH APN 959-080-010; PA04-0462 AND PA04-0463 Dear Mr. Long: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon construction of any required on-site and/or off- site water facilities and the completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. I. All on-site public water facilities will require public utility easements in favor of RCWD. The project proposes to relocate RCWD's 12-inch discharge pipeline and the associated easement from RCWD Well No. 120. This pipeline must be contained within a minimum 20-foot-wide easement, which is located such that no permanent structures or trees are located within its boundaries. The project proponent should schedule a meeting with RCWD to confirm and detail these requirements. If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICf /11:/ /J1z Uc~e:eIpe:er, P. Development Engineering Manager 04\MM,mc018\FCF . c: Laurie Williams, Engineering Services Supervisor Bud Jones, Engineering Projecl Coordinalor / Rancho California Water District 42135 Winehestel' Road .. Post Office Box 9017 . Temeculs, California 92589.9017 .. (909) 296-6900 . FAX (909) 296-6860 . . . ATTACHMENT NO.7 RESPONSE TO COMMENT LETTERS RECEIVED ON DRAFT EIR R:\C U P\2004\04-0463 Temecula Regional Hospital\PC 11-16~05\PC-ST AFFREPORTI I -16-05 v2.doc 42 . S TAT E OF C ALl FOR N I ,II; Governor's Office of Planning and Research State Clearinghouse and Planning Unit. ~"!'!A4f... '"~~ I *~'i ~ .1 .~ -' 'I/i,,~~ Aniold Schwarzenegger Governor Sean Walsh' Dii'eclor October 31, 2005 Emery J. Papp City of Temecula 43200 Business Park Drive Temecula, CA 92590 II~~@ ~ D l!J ~-/ Ull NOV 0 2 2005 J By i Subject: Temecula Regional Hospital SCH#: 2005031017 Dear Emery J. Papp: The State Clearinghouse submitted the above named Draft EIR to selected state agencies for review. On the enclosed Document Details Report please note that the Clearinghous<( has listed the state agencies that reviewed your document The review period closed on October 28, 2005, and the CV'~'~llts from the responding agency (ies) is (are) enclosed, If this comment package is not inorder;ple.se notify the State Clearinghouse immediately. Please refer to the project's ten-digit State Clearinghouse number in future correspondence so that we may respond promptly. '. Please note that Section 211 04( c) of the California Public Resources Code states that: "A responsible or other public agency shall onlyinake substantive commentS regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carried out or approved by the agency. Those c"~__~ shall be Slo"'M~_a by Specific aocumentation." . . These comments are forwarded for use in preparing your final environmental document Should you need more infonnatiol) or clarification of the enclosed comments, we recoIIJinend that you contact the commenting agency directly. ,. I This letter acknowledges that YOll have complied with the State Clearinghouse review requirements for draft environniental documents, pursuani to the California Envirorimeiltal Quality Act. Please conllie! the State Clearinghouse at (916) 445-0613 ifyotl have any questions regarding the 'environmental review process. Sincerely, I i I I ~~ ';!:::1 Director, State ClearinghoUse i '. Enclosures cc: Resources Agency 1400 U"""O STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 . . . TEL (916) 445-0613 FAX (916) 323-3018 WWW.opr.ca.gov Document Details Report . State Clearinghouse Data Base SCH# 2005031017 Project Title T emecula Regional Hospital Lead Agency Temecula, City of . Type EIR Draft EIR Description The proposed project includes a General Plan Amendment, Zone Change (PD0-9) Development Plan, Conditional Use Permn and a Tentative Parcel Map. The General Plan Amendment is a requesl to eliminate the 22 overlay area from the General Plan, which currently limits the height of buildings along Highway 79 to 2 stories. The Zone Change is a request to change the zoning frOm Professional Office and DePorlola Road Planned Development Overlay (pD0-8) to T emecula Hospnal Planned Development Overlay (PD0-9). The proposed PD0-9 allows a height up to 115 feet for 30% of roof areas for hospital and medical offices. The Development Plan and Condnional Use Penn it is a request to construct approximately 565,260 square feet of hospital, medical office, calicer center and a fitness rehabilitation center space on 35.31 acres. The Tentative Parcel Map is a request to consolidate eight lots into one parcel. Lead Agency Contact Name Emery J. Papp Agency City ofT emecula Phone (951) 694-6400 email Address 43200 Business Park Drive City T emecula Fax State CA Zip 92590 . Project Location County Riverside CIty T emecula . RegIon Cross Streets Parcel No. Township . N. of Hwy. 79 South 1 De Portola Road 1 Margarlta Road 92Q-100-0011hrough 013 Range Section Base Proximity to: HIghways 1-15, Hwy. 79 S AIrports NIA Railways None Waterways Temecula Creek Schools Sparkman ES, Rancho Community (privale school under construction Land Use Vacant Z: Professional Office and Planned Development Overlay (PD0-8) GP: Professional Office Project Issues AestheticlVisual; Air Quality; Cumulative Effects; Landuse; Noise; Traffic/Circulation; Water Supply RevIewIng Resources Agency; Regional Water Quality Control Board, Region 9; Department of Parks and Agencies Recreation; Native American Heritage Commission; Integrated Waste Management Board; Office of Emergency Services; Department of Fish and Game, Region 5; Department of Health Services; Department of Water Resources; Departmenl of Conser1iation; California Highway Patrol; Caltrans, District 7; Callrans, Division of Aeronautics; Department of Toxic Substances Control Date Received 09/28/2005 Start of Review 09/28/2005 End of RevIew 10/28/2005 . Nola: Blanks in data fields result from insufficient infonnation provided by lead agency. ...~ .~ "I ~~ --- - . Department of Toxic Substances Control ! Alan C. UOyd, Ph.D. , Agency Secretary Cal/EPA 5796 Corporate Avenue Cypress, California 90630 Arnold Schwarzenegger Governor October 14, 2005 RECEIVED OCT 1 9 Z005 ['(.e Ct"'- I Q '.28" 01') .e, Mr. Emery J. Papp City of Temecula 43200 Business Park Drive Temecula, California 92590 STATE CLEARING HOUSE NOTICE OF PREPARATION FOR THE TEMECULA REGIONAL HOSPITAL DRAFT ENVIRONMENTAL IMPACT REPORT (SCH#2005031 017) Dear Mr. Papp: . The Department of Toxic Sl:Jbstances Control (DTSC) has received your submitted Notice of Preparation (NOP) for the draft Environmental Impact Report (EIR) for the above-mentioned project. The following project description is stated in your document: . :'A proposed General Plan Amendment, Zone Change (Planned Development Overlay District), Tentative Parcel Map, Development Plan and Conditional Use Permit to consider a Regional Hospital Facility consisting of a 320-bed hospital approximately 408,000 square feet in size, two medical office buildings approximately 140,000 square feet in size, a 10,000 square foot cancer center, and an 8,000 square foot fitness rehabilitation center, all totaling approximately 566,160 square feet, located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road. " Based on the review of the submitted document DTSC has comments as follow: 1) The EIR should identify and determine whether current or historic uses at the project site.may have resulted in any release of hazardous wastes/substances. The EIR should iden~ify any known or potentially contaminated sites within the proposed Project area. For all identified sites, theEIR should evaluate whether conditions at the site may pose a threat to human health or the environment. A Phase I Assessment may be sufficient to identify these sites. Following are the databases of some of the regulatory agencies: 2) . . National Priorities List (NPL): A list maintained by the United States Environmental Protection Agency (U.S.EPA). @ Printed on Recyded Paper Mr. Emery J. Papp October 14, 2005 Page 2 . . Site Mitigation-Program Property Database (formerly CaISites): A Database primarily used by the California Department of Toxic Substances Control. . Resource Conservation and Recovery Information System (RCRIS): A database of RCRA facilities that is maintained by U.S. EPA. . Comprehensive Environmental Response Compensation and Liability Information System (CERCLlS): A database of CERCLA sites that is maintained by U.S.EPA. . Solid Waste Information System (SWIS): A database provided by the California Integrated Waste Management Board which consists of both open as well as closed and inactive solid waste disposal facilities and transfer stations. . Leaking Underground Storage Tanks (LUST) /Spills, Leaks, . Investigations and Cleanups (SLlC): A list that is maintained by Regional Water Quality Control Boards. . Local Counties and Cities maintain lists for hazardous substances cleanup sites and leaking underground storage tanks. . The United States Army Corps of Engineer!';, 911 Wilshire Boulevard, Los Angeles, California, 90017, (213) 452-3908, maintains a list of Formerly Used Defense Sites (FUDS). 3) The EIR should identify the mechanism to initiate any required investigation and/or remediation for any site that may be contaminated, and the government agency to provide appropriate regulatory oversight. If hazardous materials or wastes were stored at the site, an environmental assessment should be conducted to determine if a release has occurred. If so, further studies should be carried out to delineate the nature and extent of the contamination, and the potential threat to public health and/or the environment should be evaluated. It may be necessary to determine if an expedited response action is required to reduce existing qr potential threats to public health or the environment. If no immediate threat exists, the final remedy should be implemented in compliance with state regulations, policies, and laws. . :. . :. Mr. Emery J. Papp October 14, 2005 Page 3 4) All environmental investigations, sampling and/or remediation should be conducted under a Workplan approved and overseen by a regulatory agency that has jurisdiction to oversee hazardous substance cleanup. The findings of any investigations, including Phase I and II investigations, should be summarized in the document. All sampling results in which hazardous substances were found should be clearly summarized in a table. 5) Proper investigation, sampling and remedial actions, if necessary, should be . conducted at the site prior to the new development or any construction, and overseen by a regulatory agency. 6) If any property adjacent to the project site is contaminated with hazardous chemicals, and if the proposed project is within 2,000 feet from a contaminated site, except for a gas station, then the proposed development may fall within the "Border Zone of a Contaminated Property." Appropriate precautions should be taken prior to construction if the proposed project is within a "Border Zone Property. 7) If building structures, asphalt or concrete-paved surface areas or other structures are planned to be demolished, an investigation should be conducted for the presence of lead-based paints or products, mercury, and asbestos containing materials (ACMs). If lead-based paints or products, mercury or ACMs are identified, proper precautions should be taken during demolition activities. Additionally, the contaminants should be remediated in compliance with California environmental regulations, policies, and laws. 8) The project construction may require soil excavation and soil filling in certain areas. Appropriate sampling is required prior to disposal of the excavated soil. _ If the soil is contaminated, properly dispose of it rather than placing it in another location. Land Disposal Restrictions (LDRs) may be applicable to these soils. Also, if the project proposes to import soil to backfill the areas excavated, proper sampling should be conducted-to make sure that the imported soil is free of contamination. 9) Human health and the environment of sensitive receptors should be protected during the construction or demolition activities. A study of the site overseen by the appropriate government agency might have to be conducted to determine if there are, have been, or will be, any releases of hazardous materials that may pose a risk to human health or the environment. Mr. Emery J. Papp October 14, 2005 Page 4 . 10) If it is determined that hazardous wastes are, or will be, generated by the proposed operations, the wastes must be managed in accordance with the California Hazardous Waste Control Law (California Health and Safety Code, Division 20, chapter 6.5) and the Hazardous Waste Control Regulations. (California Code of Regulations, Title 22, pivision 4.5). 11) If it is determined that hazardous wastes are or will be generated and the wastes are (a) stored in tanks or containers for more than ninety days, (b) treated onsite, or (c) disposed 'of onsite, then a permit from DTSC may be required. If so, the facility should contact DTSC at (818) 551-2171 to initiate pre application discussions and determine the permitting process applicable to the facility. 12) If it is determined that hazardous wastes will be generated, the facility should obtain a United States Environmental Protection Agency Identification Number by contacting (800) 618-6942. 13) Certain hazardous waste treatment processes may require authorization from . the local Certified Unified Program Agency (CUPA). Information about the requirementfor authorization can be obtained by contacting your local CUPA. 14) If the project plans include discharging wastewater to storm drain, you may be required to oDtain a wastewater discharge permit from the overseeing Regional Water Quality Control Board. 15) If during construction/demolition of the project, soil and/or groundwater' contamination is suspected, construction/demolition in the area should cease and appropriate health and safety procedures should be implemented. If it is determined that contaminated soil and/or groundwater exist, the EIR should identify how any required investigation and/or remediation will be conducted, and the appropriate government agency to provide regulatory oversight. 16} If the site was and/or is used for agricultural activities, onsite soils may contain pesticide, herbicides and agricultural chemical residue. Proper investigation and remedial actions, if necessary, should be conducted at the site prior to construction of the project. DTSC provides guidance for cleanup oversight through the Voluntary Cleanup Program (VCP). For additional information on the VCP, please visit DTSC's web site at www.dtsc.ca.gov. . . . . Mr. Emery J. Papp October 14, 2005 Page 5 If you have any questions regarding this leller, please contact Mr. Joseph Cully, Project Manager, at (714) 484-5473 or email atjcully@dtsc.ca.gov. Sincerely, ~~j~ Greg Holmes Unit Chief Southern California Cleanup Operations Branch - Cypress Office cc: Governor's Office of Planning and Research . State Clearinghouse P.O. Box 3044 Sacramento, California 95812-3044 Mr. GuentherW. Moskat, Chief Planning and Environmental Analysis Section CEQA Tracking Center Department of Toxic Substances Control P.O. Box 806 Sacramento, California 95812-0806 CEQA #1179 . . . 7.0 Responses to Comments on the Draft fiR This section of the Final EIR contains comments and responses to .xvritten comments received during the public review period on the Draft EIR (DEIR) exten .~ from September 28,2005 through October 28,2005. Pursuant to Section 15105(d and Appendix K of the 'California Environmental Quality Act (CEQA) Guideline City of T emecula requested a shortened review period to the Governor's Offi 'ng and Research, State Clearinghouse and Planning Unit. The fOIlO~' pages tain the State Clearinghouse and Planning Unit letter dated Septem/ 26, 2005 t ccepted the shortened review period of 30 days, as well as the Ci t Shortened Revie est Form with an attached letter to agencies. Revisions and clarifications to the EIR in response to co the Draft EIR are indicated by strikeout (L'[1~ :~::~ :~:-::~.:~ Final EIR\. Corrections of typographical ors have been and are not indicated by stFikeolcJt or und Environmental . I I Comments Issues o Sugita, Deputy ecutive Director, Riverside County Transportation Commission, r 4, 2005. 2. Gre es, Unit <;i ef, Southern California Cleanup Operations Branch, Department of Toxi stances1< ontrol, October 14, 2005. 3. ;~6~anie ,.~cultural Analyst, Pechanga Band of Luiseiio Indians, October 24, 4. Teresa Tung, Senior Civil Engineer, Riverside County Flood Control and Water Conservation District. October 26, 2005. 5. Salvador M. Salazar, AICP, Best Best & Krieger LLP. October 26, 2005. 6. Salvador M. Salazar, AICP. Best Best & Krieger LLP. October 28, 2005. 7. Gloria D. Smith, Adams Broadwell Joseph & Cardozo, October 28,2005. I I ~. CITY OF TEMECULA 7-1 ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAL . $ TAT e OF CALI FOR N I A 'Governor'e Office of Planning 8,pd Re.!I~l!rch__. . ,... ..' . ShLte Clearinghouee and Planning Unit :. """.n. ~.;.,,: ,.- .. *. . . (.:;' ~..~, . Arnold 8<:b_er OoVtmlOt S<llll WalBb Director September 26, 200S Emery J. Papp City ofTemecula . 43200 Business P<!rk Drive Temccula, CA 92$90 RE: TeinecllJa Re$iollal Hospital (EJR) SCH#2005031017 Dear Emery J. Papp: We have reviewed your shortened review request and have determined thal;'it is consistent with the criteria set f(jrth in the wrilten guidelines of the Office of Planning and Research for shortened reviews, and Section 21091 of the Public Resources Code. The shortened reView period for an EJR shall nol be JellS than 30 days. 1'Iili review process for lhe. referenced prdJect will start on 09/28/2005 and end on 10/2812005. If you have any q~el>tions, please conlact Scott Morgan at (916) 445-0613. . Sinc~~., . C- ;ii;if t\.( ---'.. r- ~erryRobeils ' . Director . cc: file . . . 1400 TEN'l'll. a.........' P.O. BOX SO<< SAOIlAMENTO, C,u.IFORNIA 968l2-1lO44 . TEL (916) 445-0613 PAX (916) 82l1-3018 .....,.opr.ea.gov : . I. I I. Shortened Review Request Fonn Fonn E " (To be filled oul and siflllcd by the Lclld Ageocy and ,ubmiued witll DBIR '" Negative !)eol""'tion 10 SCH) To: State Clearinghouse P.O" DOl( 3044 Sacramento, CA 95812-3044 From: CITY OF TEHI!C1lLA U21dAgency: 43200 RnRin~RR Park Driv~ Ad,.... Temecula. CA 92590 Phone#: (951) 694-6400 SCH # 2005031017 Contact: l!lIIlRY J. P APP. AICP SIlNlOR PLANm!R Project Title: TnmCULA IlEGIOlIAL HOSPITAL Projecl Location: TEHECULA City IUVKRSIDE COlllly ~.plain "excep'lon/ll oiIevm......'" (CEQA, Seeli~n 15205(d)) ror r"'l""slin~ a shortened review: An initial studv (Sen #2005031017) for this proiect was previousl... released for uublic review and comment with the int.mt of prel"<ring 0. 1!I.t:l.go.ted Nllllativ8 Declaration. The comment period for the proposed Mitigated Negative Declaration was Harch 8, 2005 through April 6, zOOS. lIo State Agencies c_nted 011 the original Initial Study. Tbe scope of the project has not chaDged; however, the City is now rec"""""ndi!!g that a Focused EIR be prepared. Tbe attached lette" vas sent to ageucies requesting their authoriz""tiou for a shortened revl8w. The City received no responses to this letter. List responsible and trustee state agencies, as well as any agencies that have commented on the projecr (Indicate wb~ther the Respon- sible and Trustee Agencies h.ve JlI"ll'ed ap~toval for this shortened review): . Native AlIleric,"" Heritage COIJIIIIission 8/15/05 Bo C<lIIIJnenl: conceodng shortened request Riverside transit A~encv 8/19/05 Pechanga Cultural Resources 8/29/05. No comment cODceming shortened request . lIo cOllllDeIlt conceruiag shortened request As designated nrpresentatlve for the lead agency, I YQrify. in their behalf~ mat there ia no "statewide, regional. or areawide significance" to this project. .Lt:ngth of review beillg requ~tcd; 30 days D' /U/oS TodlIy's OaIC ~~,.p~/f IlIII!llY J. l'APP Prinr Name Revjsed January 2004 21 City of Temecula Plannin~ Department . Notice of Completion SCH#2005031017 I Project TIt\e;-Temecula Regional Hospital .- P AlJ4..0462, General Plan Amendment and Zone Change: P A04.0463 Development Plan and Conditional Use Penni~ and P A04-0571 Tentative Parcel Map l Lead Agency: City of Temecula Street Address: 43200 Busines. Park Drive Cit'(: Temecula. CA Zio: 92590 Project Locution City of Tomeculll, Riverside County Cross Streets: North of Highway 79 South. south of De Portola Road and west of Margarita Road Assessor'. Parcel No.: 920-100-001 through 13 Total Acre.: 35.31 CEQA DlKPlDent Type [ )NOP .arlv r..onsulblli01l Lo~1 Actkm Type [ ]Geoeral Plan Update [X]Geoeral Plan Amendment [ ]General Plan Element [ ]COUI/Ilunily Plan [ 1 Other Development Type [ ]Residential; Units_ Acres_ []Water Pacjlili.s: Type MOJ'l [X]Office: Sq.fLl40.000 Acres 35.31 Employees_ [ ]Tra.nsportation [)Commmcial: SII.ft. _ Acres Employees_ []MJning: [ ]lndus1rial: Sq.ft._ Acres_ Employccs_ [ ]power: []Educational: [ ]Waste Treatment: i [ JRecreational' [ ]Hazardoll8 W lISle: 'I lXlOther. J:Itl.mital408.160 So. Ft.: Cancer Center 10.OOOSaJ~t.:J'ltnes, Ce~ OQO SO Ft. Project "'ues Discussed in Document I [X)AesiMlicIVisual [ ]F1ood PlainlFlooding [ ]ScboolslUniversities [ J Water Quail!)' [ JAgricultural Land [ ]Forest LandlPir. Hazard [ ]Septic Systems [XlWater supply/groundwater ~ [XlAir Quality [ )GtQlogic/Scisnrlc [ ]Sewcr Capacity [ ]WetlllIl<IIRiparian [ ]ArcheologicaJlHj'lDrical [ ]Mineral. [ ]Soil Erosion/Compaction/Orad [ ]Wildlife [ ]CoastaJ Zone [X)Noise [ ]Solid Waste [ )Growth Inducing [ ]Dtainage/Absorption [ ]PopulatioolHousing Balances[ ]ToxicIHazardous [XlLand U.., ( ]Economic/Jobs [ ]Public Services/Facilitles [X]Traffic/Circulation [X]Cumulative EffOOlS [ lFlscal [ lRecn:ationlParlcs r IVe~etation r lOlber: Li~bl &. Glare Present Land Use: Vacant Cw:rent Zoning; Professional Office and Planned Development Overlay (PDO-S) General PIlID Use, Professional Office . Project DescrIption: The proposed project includes a General Plan Amendment, Zone Change (PDO-9) Development Plan, Conditional Use Permit and a Tentative Parcel Map. The General Plan Amendment is a u request to eliminate the Z2 overlay area from the General Plan, which currently limits the height of buildings : along Highway 79 to 2 stories. The Zone Change is a request to change the zoning from Professional Office i and DePortola Road Planned Development Overlay (PD0-8) to Temecula Hospital Planned Development ; Overlay (PD0-9). The proposed PD0-9 allows a height up to 115 feet for 30% of roof areas for hospital and i medical ~;F...,,<o. The Development Plan and Conditional Use Permit is a request to construct approximately , 565,260 square feet of hospital, medical office, cancer center and a fitness rehabilitation center space on 35.31 ; acres. The Te!1tative Parcel Mae is a re;1uest toconso!idate ei.\lht ,18) .lots into one J11 parcel.... M2il to: State Clea:riAghouse, 1400 Teeth Street Saernmearo, CA 95814 (916) 445-0613 Contact Person: Emery 1. Papp Title: Senior Planner l I Pbone: (951) 694-6400 W'rtItin 2 miles . State Hwy II: Interslate 15, Highway 79 South Airporl$: N/A Waterways: Temecula Creek ll<rilways; Non. Schools: Sparkman Elementary, Rancbo Community (private scbool under construction) [ ]Negative Declaration []Supplement EIR rXlDrafl EIR. r lSubseauenl EIR [ ]EIR (prior SCH II.' [ IOther [ ]Specific Plan [ ]Master Plan [ ]Plarmed Unit Development [X]Site PlanIPlot Plan [X]Rezonc []Prezone [X]Use Permits [X]Subdivision of Land [ )Annexation [ ]Redeveloplllent [ JCoastaJ Pcnnil [ JClly DeYclopment Project . Type Mineral Type Type TYP" . R:'C U fI2OO4\04.l)\63 Te....-Ja Regional Hcop;tll\NOTlCB OP roMPlllTIDN PElR 09.26-05.doc I . . . ,REVIEWING AGENCmS CHECKLIST Resources Agency BoatingIW aterWays Coastal Co.mmlssion Coastal Conservancy Colorado River Board Conservation ...I Fish and Game Forestry Office of Historic Preservation Parks and Recreation Reclamation S.F. Bay Conservation & Pevelopment Commission ~ Water ResolU'CeS (DWR) BuMess, Transportation, & Housing ~ Aetonautlcs ..L California Highway Patrol ..:L Calnans District No, ......L. ..I. Department of Transportation Planning (Headquarters) Housing & C.._w"ity Development Otber State & Consumer Servic.. General Services ~ OLA (Schools) Public Review Period: Starting Date: September 28, 2005 SillDature Dare II .,1- Lead Agency (Complete if Applicable): City of Temecula 43200 Business Park Drive Temecula, CA 92590 Contact: Bmel)' J. papp, AICP Phone (951) 694-6400 Applicant Universal Reallb Services, Inc. Address 367 Soulb Gulph Road . King of Prussia, P A 19406 , Phone (610) 768-3300 KEY S<>Documon' sent by lead agency X=Document senr by sea T=Suggesttd di.lributlon Environmental Affairs Air Resoun;es B card ~ APCD/AQMD ..I. California Waste Management Board SWRCB: Clean Water Grants SWRCB: Delta Unil J' SWRCB: Water Quality SWRCB: Water Rights ..I. Regional WQCB # 9 ( Y onth & Adult Corrections C=tions Independent Commissions & Offices Energy Commission L Native American Heritage Commission Public Utilities Commission Santa Monica Moun1ains Conservancy Stale Land Commission Tahoo Regional Planning Agency Food & Agriculture Health & Welfare ..L Health Services Ending Date: October 28, 2005 Seotember23,2005 For 8CH Use Ouly: Date Received lit SCH Date Review Starts Date to Agencies Date to SCH Clearance Pate Not.s: R.1e U P\2OO4\D4-046J T=uIa Rcg;onol H"'I';~I\NOTll;Il OF COMPLBTION PBlR Q9-2G-O$.doc .2 August 2, 2005 . City of Temecula Planning Department 43:100 BnslDep Park DJive . Tcmecul.. CA 92590 . Mailing Addreos: P.O. Ilox 9033 . Tcmocula, CA 9ZS$9.9033 (951) 6~4400' PAX (951) 694-6477 Trustee and Responsible Agencies Subject: Request for Shortened Review of a Draft Focused EIR for the Temecula Regional Hospital Project Dear Agency: The City of Temecul!l Planning Department will be the Lead Agency and will pl'Elpare a Focused EnVironmental Impact Report (EIR) for the Temecula Regional Hospital project. The CIty of Temecula Is requestfng a shortened (30-Day) review of the E;IR for this project. The shortened review is being requested because at a scoping sesslon, held on April 20, 2005 where the City heard public Input and . testimony, the. City. determined that a Focused EIR analyzing potential Impacts :j....~f..d in the attached NOP should be prepared for this project. Furthermore, an Initial Study (SCH # 2005031 017) for this project was previously released for public review and comment with ltJe intent of preparing a Mitigated Negative Declaration. The comment period for ltJe proposed Mitigated Negative Declaration was March S. 2005 through' April 8, 2005. No State Agencies commented on the origInal Initial Study. Comments from the U.S. Fish and Wildlife Service have been addressed. The scope of the project has not Changed; however, the Cily is now recommending that a Focused EIR be prepared. Pursuant 10 Seelion 15105(d)(3) and Appendix K of the California Environmental Quality Act (CEQA) Guidelines, the City of Temecula believes that the project Is riot 01 statewide, regional, or area wide signlllcance, as defined in Section 15206 of the CEQA Guidelines. Therefore, the City of. Temecula Is requesting that your agency approve the request for a shortened review period for this project. We respectfully request that your agency provide written approval of the request for a shortened review period to Emery J. Papp, SenIor Planner, CIty of TemecUla, by August 15, 2005. If I may be of any ass/stance, please call me at (951) 694-6400, or via e-mail at emeN.oaoo@cltvoflemecula.orq. Thank you for your consideratIon and quick response to this request. . Z:/Il~ ~e~J~app, kfcp ?f . Senior Planner Attachments: N.otice of Preparation Inlllal Study 00: (Continued on next page) .. R:\CU PI2OO4Ill>l-04lT_ R_ H~l18rlOll_ ~st.AgIndoo.cIOC " ;.> . Ie - ,} State: ~ CA Department of Fish & Game Regional Water Quality Control Board State Clearinghouse CA Department of Water Resources Federal: Army Corps of engIneers U,S. FIsh & Wildlife Service Bureau of Land Management Realonal: South Coast Air Quality Management District Western Riverside Council of Governments Rlverslde Countv: Airport Land Use Commission Flood Control and Water ConservatIon DlstrlOl Iiealth Department . Planning Department . Habitat Conservation Agency Riverside Transit Agency lransportation Department Utilities; Eastem Municipal Water DIstrict Inland Valley Cablevision Rancho California Water District Southern California Gas Southern California Edison Temecula Valley School District Metropolitan Water District of Southern California Ve~n Other. Pechenga Indian Reservation Eastern Infonnatlon ~nter Local Agency Formation Commission RIVerside. County' Transportation Commlsslon FtlCUP\aJtJ4lD4.o463r_FltgIonalHosjll__ _"-A_doc . . . ..s'~;>:.;;.:/'f.;;::; . Rim'liJ< C"""'J JIq;io..J Compln 1080 l,mJ.. S"..~ 3rd PM;, . Ri""'7i4 CJifomi. MJUlinK AJJ_ Po.. O.u;.. 8....12008 .lli>,ml.k. r ..Jip,.;. '2502-2208 Pi""" !!J51) 7B7-)>H' . P"" (9.51) 787-7Y20 . "'""""""'''''I: ~--- . v';';'sideOmnty mnsportatio1l CmrimlsslO1J October 4, 2005: Letter 1 Mr. Emery J. Papp Senior Planner City of Temecula: 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Subject: Draft Focused Environmental Impact Report (EIR) for the Temecula Regional Hospital Project (SCH No. 2005031017) Dear Mr. Papp: The Riverside County Transportation Commission (ReTC) received a copy of the Draft Focused Environmental Impact Report (EIR) for the Temecula Regional Hospital Project in the City of Temecula on September 29, 2005 and are providing you with the following comments: . 1. RCTe is concerned about any potential impacts to State Route 79 ISR-791 and Interstate '15 (1.15). Most of tha impacts are expected to oCcur at driveways entering onto SR-l9 and local streets such as De Portola Road as well as other nearby roadway intersections. Several mitigation measures are listed in Section 4.6 (Transport~tion) pages 4-93 lhrough 4-95 and again on pages '-15 and 1-16 and pages 1-':8 through 1-20 of the Executive' Summary, which would alleviate potential impacts. ReTC supports the City's requirement for these mitigation measures.. Please ensura that all mitigation measures are implemented both during and after construction. 2. Will .PreeIllPtion" of local traffic signals be used for emergency vehicles entering and exiting the hospital, especially ambulances approaching the Emergency Room? Will emergency vehicles use the main entrance way at SR-l9 or will they have a separate d~signated access? 3_ Wi/I an Emergency Operations Plan be prepared that will outl1ne procedures to I evacuate the facility during a disaster emergency? Would al/ the evacuation traffic 1-3 be forced onto 1-1 5? 1-1 1-2 4. The Hospital is defined as a Regional Fecility. The new MRI, cancer treatment facilities and Fitness Center will draw patients from a broad. area. Have the cumulative impacts of these potential traffic generators been fullv evaluated to determine :that all necessary and appropriate measures are included before final project approval? 1-4 . . . . Focused Environmental Impact Report (EIR) for the Temecula Regional Hospital Project (SCH N~. 2005031017) Page -2- 5. The Draft: Focused EIR indicates that adequate parking will bll provided (1.278 spaces on: surface lots). What about employee parking? Is it indluded in the 1,278 space tot~1? . What measures will be put into place to prevent employees from parking in 'the surrounding neighborhood? . 6, In the futljre. the hospital surface lot parking areas could be absorbed by expansion projects, Will the future parking demand be fulfilled by parking :structures and has any preliminary thought been given as to where these structures ;mlght be? Access and visuaHmpacts are usually significant Impacts associated witli parking structure:, and shoul<il be given early consideration. , . 7. There are; many other residential and commercial development projects near the Hospital project area and RCTe wo'uld like to see that all of this ongoing effort is closely cdordinated. Coordinate directly with Caltrans concernlhg SR-79 and 1-15 for .thls project. Contact John Pagano, Caltrans IGR Coordinator, at (909) 383- 6327. 1-5 1-6 1-7 This concludes ~CTC' s comments. Should you have any questions or require additional information, plea~e contact Bechtel Measure "AU Project Coordinator, G~stavo Quintero, at (951) 787-7935.; Thank you for giving RCTC the opportunity to comment on your Draft Focused EIR. . jc;elY, : l t!:::'d;& Hideo Sugita, Deputy Executive Director ReTC Riverside County: Transportation Commission Cc: John Pag$no, Caltrans 08 Bill Hughes, Mike Davis, Gustavo Quintero- Bechtel M:'Environmental R~Yi~ws NOII-PrujUl.;l\ 1 00305DEIRTemsGl,IlaHospitalPmjec.doc . 1. Hideo Sugila, Deputy Executive Director, Riverside County Transportation Commission, October 4, 2005. Response 1-1 The comment states the Riverside County Transportation Commission's (RCTC) concern regarding potential impacts to Highway 79 South and Interstate 15, and RCTC's support of the traffic mitigation measures. After project approval, the mitigation measures in the EIR will be implemented through a Mitigation Monitoring Plan to ensur at all mitigation measures are implemented and completed. The comment is acknow ed, and no further response is required. Response 1-2 Emergency vehicles will use either the main entranc Portola driveway, depending upon the direction fro call. Pre-emption of traffic signals will not occur. Response 1-3 As the hospital is a critical facility in the not anticipated to occur. Persons may I occur. If the need to evacuate arises, s emergency response plans, which provide depending upon the location scope of a cuation of employees is i1ity should a disaster . Response 1-4 According to the pr Fitness Center were all i and 78 parking s be provided on surface lots include parking for yees of the hospita cility. The 1,278 total parking spaces exceed the City's parking s, which requir 3 parking spaces for the proposed project. The greatest exce e is associate ith parking spaces calculated for the hospital portion of the project, hich the D lopment Code requires one space per three beds, The parking provided e site ceeds the standards contained within the Development Code because apph ed of experience at other hospitals owned and operated by Universal Health Services" leves that the City of Temecula code requirements do not fully account for parking needs within the hospital associated with staff parking, outpatient services, and other needs within the facility. This is common within most jurisdictions, and hospital facilities often exceed minimum parking requirements for this reason.' Providing additional parking guards against employees parking in surrounding commercial development or residential neighborhoods, . 1 Personal Communication, David Prusha, HKS Inc. - Project Architects and Engineers. September 22, 2005. ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAL CITY OF TEMECUlA 7-10 . Response 1-6 The applicant has no plans for expansion of the hospital or construction of parking structures. CEQA guidelines require an EIR to analyze reasonably foreseeable significant effects of a proposed project. The expansion of the hospital or its facilities is not anticipated in the in future and thus, has not been analyzed in this EIR. Any future development on this site would be subject to CEQA review at the time proposed. Response 1-7 The comment states that there are many other residential and projects near the proposed project, and efforts regarding impac Interstate 15 should be coordinated. The City requires a cu ve is of all projects in the vicinity of a proposed development and analyzes al~pacts of a the CEQA process. The traffic generation from 17 cu Jl!ffive projects was traffic analysis. No additional analysis is required. . I " I. CITY OF TEMECUlA 7-11 ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAL a ,\ I j~ .-..... ~ . . : Department of Toxic Substances Control Alan C. Uoyd, Pll.D. AgIll\CY _ry CallEPA 5796 Corporate Avenue CyprllllS, CelWornla 90630 AmoId SdlwarZonegger Govemor October 14, 20Q5 Mr. Emery J. Papp City ofTemecula 43200 Business Park Drive Temecula, California 92590 NOTICE OF P~EPARAtibN FOR THE TEMECULA REGIONAL HOSPITAL DRAFT'" ENVIRONMENTAL IMPACT REPORT (SCH#2005031017) . Letter 2 Dear Mr. Papp:: The Departmerit of Toxic Substances Control (DTSC) has received your submitted Notice of Prep~ration (NOP) for the draft Environmentallrnpact RepOrt (EIR) for the above'mention~d project. The following project description is stated In your document: . "A proposed Gqneral Plan Amendment, Zone Change (Planned Dev~lopment Overlay District), Tentative Parcel Map, Development Plan and Conditional Use Permit to consider a Regional Hospital Facility consisting of a'320-bed hospila~approximalely 2-1 408,000 squar~ feet In size, two medical office buildings approximateily 140,000 square feet in size, a 1i),OOO square foot cancer center. and an 8.000 square foot fitness rehabililation center, all totaling approximately 566,160 square feet, 19catad on the north side of HifJhway 79 South, approximately 700 feet west of MarQarita Road. . Based on the review of the submitted document DTSC has commen1S as follow: 1) The EJ/i should identify and determine whether current or histbric uses at the project ~ite may have resulted in any release of hazardous waistes/substances, 2-2 2) . . The EIR: should ide~tify any known or potentially contaminated sites w~hin the proposed Project area. For'all identified sites, the EIR should:evaluate whether conditions at the site may pose a threat to human health or the environment. A Phaseil Assessment may be sufficient to identify these sites. Following are the databastls of some of the regulatory agencies: . . 2-3 . . . . . National Priorities List (NPL): A list maintained by the United States 8wironmental Protection Agency (U.S.EPA). . . (jl Printod on R~led Paper . . I. Mr. Emery J. Papp October 14. 2005 Page 2 . Site Mitigation Program Property Database (formerly CaiSltes): A Qatabase primarily used by the California Department'of Toxic Substances Control. . Resource Conservation and Recovery Information System (RCRIS): A ~atabase of RCRA facilities that is maintained by U.S! EPA. . Comprehensive Environmental Response CompensatiQi:l and Ullbility Information System (CERCLIS): A database of CERCLA sites that rs~~'--~=c;..~, maintained by U.S.EPA. . . S61id Waste Information System (SWIS): A database prpvided by the California Integrated Waste Management Board which cionsists of both open as well as closed and inactive solid waste disposal facilities and tr<jnsfer stations. . 2-3 Cant. . Leaking Underground Storage Tanks (LUST) / Spills. Leaks. Investigations and Cleanups (SLlC): A list that is maintained by Regional W~ter Quality Control Boards. . LOcal Counties and Cities maintain lists for hazardous sUbstances cleanup sItes and leaking underground storage tanks. . The United States Army Corps of Engineers. 911 Wilshire Boulevard. Los Angeles. CalifornIa. 90017. (213) 452.3908, maintains a list of Formerly Used Defense Sites (FUDS). 3) The EiRshould identify the mechanism to initiate any requirediinvestigation and/or remediation for any site that may be contaminated. andithe government agency ti> provide appropriate regulatory oversight. If hazardoos materials or wastes were stored at the site. an environmental assessment should be conduct~d to determine if a release has occurred. If so. further studies should 2-4 be carried out to delineate the nature and extent of the contaniination, and the . potentiaHhreat to public health and/or the environment should:be evaluated. It may be necessary to determine if an expedited response action is required to reduce e.xisting or potential threats to public health or the envii,onment. If no immediaie threat exists, the final remedy should be implemented in compliance with stati:l regulations. policies. and laws. Proper inj'lestigation, sampling and remedial actions. if necessary, should be conducte1:t at the site prior to- the new development or any conijtnJctlon"-aml'-"'=''''~2~ ',2-6 overseer! by a regulatory agency.- .. . If any property adjacent to the project site is contaminated wllhi hazardous chemicals. and if the proposed project is within 2,000 feet from a contaminated site. except for a gas station. then the proposed development may fall within the "Border Zone of a Contaminated Property." Appropriate precailtions should be taken prior to construction if the proposed project is within a "Border Zone Property, · - Mr. Emery J. Papp October 14. 2005 Page 3 4) All enviro~mental investigations. sampling andfor remediation should be conducte~ under a Workplan approved and overseen by a regljlatory agency that has jurisdiction to oversee hazardous substance cleanup. The findings of any investigations. including Phase I and II investlgations. ShOlild be summarized In the doCument. All sampling results in which hazardous substances were found should b~ clearly summarized In a table. . 5) 6) 7) If building structures. asphalt or concrete-paved surface areas or other structures are planried to be demolished, an investigation should be conducted for the presencE! of lead-based paints or products, mercury, and asbe~tos containing materials (ACMs). If lead-based paints or products. mercury or ACMs are identified. proper precautions should be taken during demolition activities. Addilion~lIy. the contaminants should be remediated in compliance with Californi$ environrnental regulations. policies. and laws. - The project construction may require soil excavation and soil fdling In certain areas. Appropriate sampling is required prior to disposal of the excavated soil. If the soil is contaminated. properly dispose of it rather than pl3cing it in another location_: Land Disposal Restrictions (LDRs) may be applicable to these soils. Also. if t~e project proposes to import soil to backfill the areas excavated. proper sampling should be conducted to make sure that the imported soli Is free of contamination. 8) 9) Human health and the environment of sensitive receptors shoUld be protected during the construction or demolition activities. A study of the ~ite overseen by the appropriate government agency might have to be conducted to determine if there are. have been. or will be. any releases of hazardous materials that may pose a ri~k to human health or the environment. . . . 2-5 2-7 . 2-8 2-9 2-10 . . . . Mr. Emery J. Papp October 14, 2005 Page 4 10) If it is det~rmined that hazardous wastes are, or will be. generated by the. proposed! operations, the wastes must be managed in accordance with the Californi~ Hazardous Waste Control Law (California Health and Safety Code. 2-11 Division 20. chapter 6.5) and the Hazardous Waste Control Regulations (Califomi~ Code of Regulations, Title 22. Division 4,5). . 11) If it is determined that hazardous wastes are or will be generated and the wastes are (a) stOred in tank.s or conlainets for more than ninety days :(b) treated onsite. or (c) disposed of onslte. then a permit from OTSC may be reapired. If-sO'i'tIl&>":;.:."" ~-12 facility should contact DTSC at (818) 551-2171 to initiate pre application discussiqns and determine the permitting process applicable to the facility. 12) If it is determined that hazardous wastes will be generated. the facility should obtain a United States Environmental Protection Agency Identification Number 2-13 by contat:tlng (aOO) 618-6942. . 13) Certain hazardous waste treatment processes may require aulhorization from the local Certified Unified Program Agency (CUPA). Information about the require~nt for authorization can be obtained by contacting Y,\ur local CUPA. 2-14 14) 'If the project plans include discharging wastewater to storm drain. you may be required to obtain a wastewater discharge permit from the overseeing Regional 2-15 Water Qoality Control Board. . 15) If during tonstruction/demolitJon of the project. soil and/or gro~ndwater contamination is suspected, construction/demolition in the area should cease and app~priate health and safety procedures should be implemented. If it is 2-16 determined that contaminated soil and/or groundwater exist. toe EIR should identify ~ow any required investigation and/or remediation-wili'pe conducted. and the ilppropriate government agency to provide regulatory bversight. 16) If the sit~ was and/or is used for agricultural activities. onsite spils may contain pesticide, herbicides and agricultural chemical residue. Proper investigation and remediai actions. if necessary. should be conducted at the site prior to 2-17 construction of the project. DTSC provides! guidance for Cleanup oversight through the Voluntary Cleanup Program (VCP). For additional information on the vep, please visit DTSC's Web site at 2-18 www.dtsc.ca.gQv. . Mr. Emery J.Papp October 14, 2005 Page 5 . . If you have any questions regarding this letter. please contact Mr. Joseph Cully. Project Manager, at (714) 484-5473 or email atjcully@dtsc.ca.gov. . Sincerely, $: &;;~ ~....~ Greg Holmes Unit Chief Southern California Cleanup Operations Branch - Cypress Office cc: Governoi's Office of Planning and Research State CI~aringhouse P.O. Box' 3044 sacramento. California 95812-3044 Mr. GuerltherW. Moskat, Chief Planning!and Environmental Analysis Section CEQA Tr,acking Center Departmtmt of Toxic Substances Control P.O. Box 806 Sacramsnto. California 95612-0806 CEQA #1179 ;;: ~ ..;.;....,..,'..~~':~~:...:. . ~ l' . . . . 2. Greg Holmes, Unit Chief, Southern California Cleanup Operations Branch, Department of Toxic Substances Control, October 14, 2005. Response 2-1 This comment provides an introduction to the Department of Toxic Substances Control (DTSC) comments on the Draft EIR. No response is required. Responses 2-2 through 2-7 e project conditi of appr val, and consistent with standard City practices and ments, the applica pperator will be required to submit for review and approval by rside County D~artment of Environmental Health and Fire Department a Hazar Materiallnvenfpry Statement and Fire Department Technical Report. Such report will be ke n files, andifiihould any quantities of hazardous materials used or stored on-site increase or d c,,:,\;fges to operation introduce any additional hazardous material not listed in such re;the operator will be required to update such reports. Response 2-8 The comment is noted. Prior to the demolition of any existing structure, standard procedures to comply with California environmental regulations, policies, and laws will be implemented. 2 Department of Toxic Substances Control, Cortese List, http://www.dtsc.ca.govjdatabasejCalsitesjCortese_list.cfm?county=33, Date Accessed November 8, 2005. CITY OF TEMECUlA . ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAL 7.17 . Response 2-9 The comment is noted. As noted in Response 2-9, no known soils contamination exists. The project applicant will apply standard procedures to comply with California environmental regulations, policies, and laws regarding contamination of soils being excavated, imported, and reused. Response 2-10 Through the permit issuance process, the City will ensure that th all applicable local, state, and federal environmental regulations. Response 2-11 through 2-14 The comments are acknowledged. approval, and consistent with standard Ci applicant/operator will be required to submit for re County Department of Environmental Health and Fire Inventory Statement and Fire Department Technical Repo files, and should any quantities of haza aterials used should changes to operation introduce a hazardous reports, the operator will be required to ts. oreover, the proposed project will comply with the California Haza < Law (California Health and Safety Code. Division 20, ter 6.5) an Waste Control Regulations (California Code of Regul 22, Divisi . Response 2-15 nt due to compliance with standard City 's NPDES permit. Construction-phase and t Practices (BMPs) will be designed and included into e approval of, the City Engineer prior to issuance of a t propo nt will also provide proof of a mechanism to ensure ce of all structural post-construction BMPs. As indicat ments above, no known hazardous soils conditions exist on the property. 0 California Water District is responsible for ensuring acceptable groundwater qu I. Through the permit issuance process, the City will ensure that the applicant complies with all applicable local, state, and federal environmental regulations. Response 2-17 Refer to Responses 2-2 through 2-7. . ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAL CITY OF TEMECULA 7-18 . . I '. Response 2-18 The comment is noted. This comment provides a closing statement to DTSC's comments on the Draft EIR. CITY OF TEMECULA ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAl HosprrAL 7-19 J:'ECtlAl'iQ}\ q,JL TURAtMSQUtt~~ T(!1I1rc:ul" 8aM q[L/JisrRQ. MissiOl1lridfdiis (~hai1pe6.nl): Umruunc: Ai'crni'" . ;V!cc (:blll!P~n: Mary Ilc" Moll"> ._._.___._-,- _..' .. . ,0 , . . . PnstOfflce_, ~.218.1. Tcn)CC\jllla C:A,.lJ:159J TClcpbnne,(95 n 30H..lJ;l9S.. ri~(9Sf) ~~'lj4~1 P-l11llltm~l,! MemhCB_:. Kaymmzd&$quCl;~r. Evie Hmer" uariene'Miranda Rf!trr,en 'Jl:u~ello_M>'XWr.Jl J)j(~'1'JI, Om 1 ThiR,-i.... October 24, 200S (,~inalUJ: !1'fUrMil~1'Jro Emery J. Papp City OfTemccula PlamiingDepartmellt 43200 Busines~'Park Drive Temecula, CA 92590 f',llhll':lI^llalii4; St"-Phi\lli~:(fllrt1m' Morllloi'Suj)l:rvlllor: Aurdi:lMtlmitru Letter 3 1,<<: pommel1tsotl Temecula Regional Hospital EnvironmentaUmpaCtRBport Dear Mr. Pa:pp,' This COillnleilt letter is 5lib.milted by the Pechanga Band ofLu~el!.o II!clians (hereinafter, ''Pet;hanga Tri\le"),a' f~er.illytecognizcd Indian tribe and soverei~ government. The PecMnga Tribilis fonnilllyrequesting,pursull1itto PUblic Re$ol,1wes Code ~2J092.2. to bc'notinCdand involved in theentirc CEQA environmental review process forthe'duratiOl) (lfthe above referellced.pt()j~ct(thc "Project"). ~ 3-1 Pilrsullnt to ourcliscussion yesterday, it is the Tribe's'lffider,;t!!nding that, in addition to lh\l COp.t!itions listed as itcms 5b and 51 in.the initial study, the City:ilitMds to include as a condition ofapproval. tobecompleledprior to gr:l,ding, the requirl:nWnt ror a Treatment 3-2 Agreelll!lDt .betw!lell the developer and the Tri\l~.A:> discussed, the Tribe liiiS.soIile adijjtioliaj items.which ltwH! ,lx:,requestin~ be added as mj.tigation measures and conditions.l>f .........., ,. al. While the TrIbe appreciates the City's~mngneSsto include condiuons of approval for thepfojilctwhiCh will protect the potential culturdlresources on thc$iw; it has a concern about 3-3 the:City!s lack o[lnclusion of cultural resources inits;CEQA evahlllUOn oethe.project I am ,alsO requestil1~ that the County of Riverside incll(de aJ.Iaddiiional mitigati(ln mettSute' that. deals specifkally with the treatment of r!lJ1:lainsdf they ljre f(l11lld during 3llY grading activitY. The mitigation requirements should alSo inClude informatiOn relating to the 3-4 p~exCavatjon agreement which requires the developer to provide compensation to the monilors dUring thc,Projecl . " e Sar./"I'd kThe:DIJ~V Trust.dUma Ollr rn~ ,4110 W"', Hallar 1fp,.I1i.feTa The IVP.P.d .. ^, .." :. R@llangaC9J!1m~f letter tO~(lCollnty (jfRiversj(fe Planning Dcpartmeilf RB: Commenls on DriiftFocUsedEIR'foJ: the'TemeeulaRegiolla1 Hospital P~gt) 2 ., ;pIE LEAD AGENCY MUST IjIlci.UDEANDCOt'!SI1LTWITH THE;TRIBEINIT~ , . REV.IEW PROCESS ' . It has, bccnthednient of the Federal Governmentl, and :theBtate.ofCalifomia:i that IIldian . tCilicsbcconsU1t~d ~tll t~gardtolssues Vl'hichifnpact'CtIlluralandspiiiitl~~Qurces. ~weUIJS tlther.~vcromeital cOllcems. TherCliponsibilitytOCOIlSUltwith Indian tribesslems Wroth!: uniqUe.govemInent.to"llovemmCnticlationship'betwc,cnthe'lhJit~States:andIndiantrib~, 1hjs m1s\iswI\,el1 tlMI illterestsare:aff:ccledbY .the acliC!T\s 9f;governJ1:lenta1illgcnci~anddepartinerit!J s~gh as apptovllJ()f~p~ifi.ePlans;andEIRS: In this case. id~ undisputed thal!he pttljectlic$ "within theLuis\iiio tribe's trllditionalfeffiwry,'rherefQtc. jnorder to COJ:llply Y,'ithC;eQfI,and other applil;;a,bJe Federa1and Caji,forriialawi itis ;"'I'~...tive Ihat the Lead Agency and the Projccl llPpliclli1'tcollslilt with the Tribe in order to gu~an1eeanat:lcq\latcbasi$ of kn()\l\'ICd8e foratl appI:Opriafe'e1!lIlJlationofthe project effects, as weIhs generating adequatemitigatiori measures. 3-5 'fHF:'i:~trYtNADEoUATELY ADDRFAc;Sli;DCULTURAL RESOURCES:IN THEDEIR :While a.copyofthc cull1l1'a1 r~Ources survey is inclu~ed in the E.IR lllld tlle'Tribe 1lll.l:\erstan4~ thl!\ll'jt()Cused" EIRwlisintended, theie.i8'rJO scctioiuliscussingcultwdl resollrces iilidno mitigation meastires~ecificaiIy addtessllig cultuJ'll1 re~oilrces, de~ite thefllc! ~tthe City,and'cultullllresources n3P.ort ac\q1(jwl~g~ that th~l?rpj!<CtisiiJacuItw:al1yswitivearea. As the l;:it.r i,B awarei14ercis al'!ighly sensitive cultural site in close pttlximitjto this Project site. Whi\ethecu1tuhi1resoW'c~ report l;;onc!lules thattIitrcwct<; 110 ~9ur~IOCAAld OJj th.e pr9j~i ~i~, this iSn()tfl cp:nc!l!S.ivc eVllluatioll:.sil1ce no~~a.c.J:~gwas,peifotJricd.Because of the proximit}':to'the other significaiitilitCi the Tribe beJieve,sthere isalikelihood fOTeultural tesourceslo l?e el1c,ountered dunng,gr9\l11(\Jlisl11rbing @tiVit!es. Th\lS,theTribll believes that 'eul,turahesources sholild'have'bccn included lis at~pic.Ofevaluation in the fOciisedElR. QE.QAmakes clear lhaUhemain pfuposcsofanE1R is to identlfyandatiillyzcthc environmerital effeCts ofaprojeet. (Califoma Puh/i.cRe..w.". OOde ~21 002.l(a); 14 Ql\lifornill .COde ofReguIatious:("GWdeIines") l1,51;l6).As cu~i~y drafiedithedraftEIRdoes not provide adequate protectionJor si$riificantlircbaeoloiliciil and culfural site$lUid.dbe$ \lOt adequmely follow the prpvisions fur CEQA,and its Guidelines, jncluding:Qalif.,Pub. ~. C()de ~~!Og3':2(b) (llvoidim,clll!9 JlJ:'l:fc.ll'~ method ofpresC[Vation of arcliaeologicalicsoutceS), CEQA Gliideliilcs ~ 1~126.4(b)(3)(a~encjes should avoid eITcctsonhistQrical resOUTcesof llJ'Ch,,"9logiclilnature); and O\QA Ouidelin~ nS02Q (~ead agency responsible foradeq!lllCY of l?1l-vironmcrifaldocuments).Incltision i)fprojeClcClilditions ofapprovill does not'$ubstituiefor the City's obligatiollS 10 adeq\lllteI:y initigateunderGEQ,A. 3-6 1 ,S,~eE~Cliilv~:M~mpll1!l<lum of Ap'n12~, 1994 on GOvtrnmenl-Io--Oovemmenl Relations with Native' Ameriean Ti~al. p"".,tl1l'lientS and Execulive QrderofNovelllber6, .2000 on COllS11ltalion and Goordinalion with IndianTnDal c. ' _. .~,..,D1S. i .' .. , See California Public ResonrceCode ~S097.9 ""cq. P~~hp,!go rlllr~r"l Re~qll!,l'~S'~' Tt.?ru:('II'Q,lJaj~.if ol.fUfsiflio MJ:v.'t((jil'lndh",.~ PiI:{{ Olfite,Box.2iS3" 1/!meCllla.CA'9159J: .~i;ieill.v TlrrJ,DII(VTilLY1etI Uiilii Olir CUr<' AM W"frHonor We'll;'.. 7;,.11" /'Il!i!i PethAAga co.!DfIlI:'~tletter to the cOuilty bflOversideplanmngO"I'......ent RE: Comments. on t,tlIIi'I'ocused FTR' for tlW Temeclll1l ~egionalHospitaI P!lge3 In o*r to IlJIProve anElR the City.is reqUited to make fhu:IirigJhlitit has adoptei:l initigatiotl meaSuI'estbat have clUninated br sJlb~anlial!y lessenC!i all significant effects on the environment wherdcas"ible. CEQAGllidcline ~ 15.092_ Sincetherc:atectirrebtly no iniugl!lion mea.S'ures addtes'~cultural tes/jurces,thefocus"d :ElR.does-not funy;addr~,the ~red cllltural reSOllrgesptot~tiol!S as.it 4oesnotpropose mitigatloll'measW'es whichwouldelim.i.lUlte or s\lbsl1lntial1ylesscnsignifrcallt effects dn cultutal,resoUJ\1es. Be~l,Isetherll isa potential for the disco'Very of cultuta! resourcesandJorbUIlla.nrema!!IS On the l'I\lji;c1 ~le, "I'~.':'"riafe mitigatiOn m~$t.be adoptlXi. Pursuanl 10 Public Resources COde 2l0S2and ctQA Guidelines ~ ~ 15064.5; 15126.4 and 151'51 aLead Agen-cy should makeprovisions[orhistonc1jl Qr IUlique ' archaeological rcsoUroes i!iscv:' ~. ~J during construction. . As detailed belo\V, inc!usiQllof mitigation measuresaddressfug cultural resources ate needed toaddress.the Tdbe~s CUllUial conteXllS'and to assure lhattJie;Projectis in fuU, compliilllccWitb the Californill EnvironmematQ!Iality Act (GEQA)ll!1dits implerhtntihg re:gu!ations, Calif. Pub. Res. Code ~21 000 et seq.. alId CEQA Guidi:lfues ~. 15000 el seg; 1t is the Tribe's position that its pr/jposed mitigation measures wiltenable the city to make *e required fmdings. the CEQA llTIcI i~ Guidc~.es lDandate thaI avoidance is the preferred method of presCfYfug archaealogicalresouroes, Calif; Pub. Res.,Code ~21011~t~). Seeals()CEQA Gujdelines~ 15126:4(bj(3). . PROJECT IMPACTS TO CULTURAL RESOURCES The pecilall'ga Tribd'.s primary concerns stem from the project's Ii~ely in:1pacts on Nativc American cultural Itsourocs. As was disc\l~ed above, the PQlclltial ,likelihood of discOvenrig cgltural resources is vel')' high, due to bther known rcsourees fo\1ndl'nclQse proximity to Ibis project. The most well known cultural sitewithin'tbis~ is ahu,&9 Lu.isciiQ vi lIage,site, which ,has b~previouslydocumenrcdand is.known to c.oritafuat leastfi!leeIi artheological sites within a one mile radius otthisyillage. Witliin'tbis'Villllgc~tll.!)UJl1etOuscultW<!l items hllve be.en fOllnd'inc luiIing whole snetates as wen as fragments, pottery shards aIId many other personal and saCred ItemS. The Pechanga Tribe isconcemed aBout both the,PIotecUotlQI.!lriiquc'an4 irreplaceable cultural resources, SUcb,i1S Luiseno villagcsitesandarchC9logiclil items whicbwould be displaced by ground disturbfug workon the pioject,and on the proper aildlaWful treatrrierit of citltural items, Native American humail tell1ains:and sacW:iteil1S likely t/j be discovered in the course of the work: The: Tribe would also Iilce to poinlout ,thl1t a preferred metholi oftreabne/lt for archeological sites according to the CEQAis avoidance aIIdthat this is ~ agreement with the Tribe's practices and policies COllcerning cultured resol11"CCS; . ThePechanga Tribc asserts that the J>rojectate3 is part of the Pechllnga Tribe's aboriginlll \erritpry"as evidenced by the t})!:islence ofLuis(liio place ~es,rock art picto~phs' . petrOglyphs and extensive artifilct records found in the vi\lfuitv. oftbe.Proiedt.Further,the Pechanga Cllllurql-Re.toun'cw ~ 1ft"":,'"I,, BunJ:.o/t,uiS-'J;oMts$fnn; InditJ1Lt p""i'{}ffi(je Bot 2 J!lJ "1'er!ffi:rilo,.f1 Q1!O.? Sll('~(lls The DulY Tru.t/M Villa. Our (.Crrt!,/1l1d Jt;ithlfOllorWe /fi.w,r fn Thv Neild . 3-6 Cont. - 3-7 e . .. .'.. .:. fiee~3l!~W!IU\l,l:!1tlelf.llt to the CoiiritYofR.iversiaepj<i:tlnU1~ Pepl\l'ttrJept '. RE: COriiTilMt$On DrafH'ql;;us!ld,~ for tile 1'emecula R.egional.Hospilil! Pilge 4 . Pechanga'f4b~ bllliev~~atjf!llJIJlarirc:mainsaredi$c:qveM Stajlllaw wO\llclapplY3Ild{!1e' miligationm:easureS(otlhep~t m~acc~,unt ror tlJjs. Ac"orrlingtothe, CalifoInia,PUblic Resources Code, .~ :;097:98"ifNativeArlicriCM human remains are discQver:ed,the Native Ainericari Heritage coJIilIlissiOn 'Ii1ust AAme a ''lnostllltelydcscen4ant, ".who ,sliillbe consUlted /IS,tqthe"t'y.uy.;!lte disposition of the remainS; Gi'ireri the Priiject'sloeationin Peeh3I!gll lerritory..thePechlll\~ Tnbemtendii 10 asscrti~ right(l\lISllanttoG~fomialawwith regard to any remains or It~diScoyere4 in;theco~eoflhiSprojeet For/this teasOn,a:ddiliQnaI tnitiglllionl3llguageisreqiiestedpriorto the finalized 'ETRbeihgapPtnved. REOUlREn MlTIG:.\:l'lON' 3-7 Cant. GiyCD this Projectls close'p~ldmity lo IUlowllcultu'ralsilesthatwerenOldiscussed in $e Initial eulturalStudy,.inCluding a knoWI\villagesitc; Pech!ll)ga,request the Conditions,of Approval that w~ presented'in lheJn.itial siu4Y, along With those adc&esse.sbelow, be ineluded 3-8 asmitigalion tneasUIes as well as Conditions ofAPi!roval wliieh,are: requir~ lobe !J1elprior,to the issuance of gtading pennits; Tl!.efolloWingconditions listedinthe Initial Stildyare requcstedto be includeda,s lIlitjgation: 1. . The.I!lJIllOw!lllragre~JorelinquiSh,own:ership ot'allciiltutaI resources, intluding;archa'iiolo$ic:u, a:rtifaets found on the project si~, to tl!ePeellaDga BandtifLtil~eiio L,J.di;u1s;'forJlroper treatment and'disposifion to the extent au.thoiized,bythe law. M:onitor!ng~yaprofessional qualified paleontologist, archaeological 3l1d EechangaTribe ,monitor is reqUir~ dqringaltgtQunddisturbing'aelivifies. The monitor's Sh~lleaci! havemeauthc111tY 10telnporariIyhall and/or divert ~iI1g "eq\!ipmenltoalli:iw'for removal ofa:hunaantoJ' lar/;\especimens. Tile moriitot shalneinOvesampte.s ofsediments,whicharelik~iy to contain r;enl~ns offO$sU iiJ~,.,;... ~..:.~,~. "'les~d ,v~~~"'.~1 "tes. 2. The,f()l1owlngmellSli1'eS shouldl1e;jJlclucl~ a,sb9Urmitiglltion measures and conditions ofapptoYaI: ' 3. If'hlJlllanten1aiI1$l!!~ !lIIC9unt~,allactiVity shall'Stoji aridtlie Q:iu'n~y Coroner must be not1fledlmmediately. AllilClivitY!J1u5tcell$C UIItil.the CoimtyCbroneth-asdctcrmined,iheOrigin and disposition of said remains. Tlte'c.;.,<"...)lha)) 4ciennil),tl jflhe reDlliIils areprehistClne, and shall'Dolify the Slate Native AI11erii:a'n Heritage:Commissionif applicable. rwtheractions sbli1Jibe detenTliltedby.thed!:i;Ires'oNhe Most Likely-Descedent. I!riortoissuani:;e ofibe gradingpennit, the developer shall enter into a .Treatrl1<;1it Agr~lffi~.withthePechanga Tribe. Tllis Agreement will addre$s the treatmCrlt anddisposlt.On,ofCUlturalresoun:es and hUJllan femainsthat may be encounJered c'!tll'ingconstruction. The Agreement will ftfrthet,contliiJl 4. "','>('}JtIll;:O CuIfJlraIRt!s{)l/Il'r:.~ . i(ime('lIl(1'l1DI1J;lJl';Il~\'f!lifJ Mis.firm lnJ;cms POor; ()"Uit'~ 80.<,2183 '1cm,'clliil. Of 92592 Siiqeif l,\"TII~ Du(liTnisld1llltiJ 0111' ('",,- ,1,urWilll flollor We Ri.rc 10 .,.""Need. 3-9 3-10 3-11 3-12 ,; Pechanga conunent ielter lathe'CQUIlI;}' QfkiveJ$ide Planning Dllpartmcmt , RT::: Comments on Draft,Focused EIRfor the Temecula Regional Hospital Page.5 . provisionS'oftriQalmonitors.andalidress c..~'f'_.sationfQr the Native American monitors being'paid by the developers. fJt~ac~ Sites wi.thin the Ptojeclarea are to be avoidedaI).d.preserv~. The P@anga Trih loolcs forward to workipg toge$.\lT with the appliCll!ll; the City of Temecula Plamiing Department and othet intetestedagellcies irt profeCtingth6mvahiable L\liseilo c"ltural ~ol.1i'l;es fOlJnd, in the Project lirel!. ,If you lIave any questions, plellSedo not qesi1a'lirtOe()ntact.me~t(gSD 308.9295 or Laura Miranda at (951) 676.2768; Ext. 2137; thank you for the opportunity'to submit these comments. I 5. Sirteerely, ~t lftdJi Stephanie Gordin' Cultural Analyst F!(!c:hanj!Q Clillw'alRl!s()lIh:e,t . Tt!nw~u/q'Banif df'4lixeiio Mi't.t:i,jlf 1Ildian.~ Post Oflk~ Box JJ.YJ . T~",,,,,"/o. CA'91591 ,""riM t, I'ht /My THlwd I)",,,(iw C:P,.,. AM With //0"'11' W~Ri'" 70 7'/1. 1V."r/' . 3-12 Cant. 13-13 - - . . . 3. Stephanie Gordin, Cultural Analyst, Pechanga Band of Luiseno Indians, October 24, 2005. Response 3-1 This comment provides an introduction to the Pechanga Band of Luiseno Indians' (Pechanga Tribe) comments on the Draft EIR. The comment is a formal request pursuant to Public Resources Code S21092.2, to the Pechanga Tribe to be noticed throughout the proposed project's CEQA process. The Pechanga Tribe has been on the ~tribution list for throughout the entire CEQA process and will continue to be notified en mailings occur. :iSSP:::~~:t is acknowledged regarding the additional mi t: meas of approval. Both the City of Temecula Planning Com Ion and City Co will review all project conditions of approval, ineluding those no n the Initial Study for t " oposed project a~d incorporated .into the conditions of a . I dO~Fts. The co '~llons of approval Inelude the requirement of a pre-constructlo . ee" entftreatment plan With the Pechanga Band of Luiseno Indians prior to the issuance ~.,~' ing permits. Consistent with state law, such plan must set forth and contain the terms anll't~. ditions for the treatment of any discoveries of any previously unkno surface NativE!<t rican cultural resources or human remains that may occur during . 'ties. Response 3-3 ck of inclusion of cultural resources in the roject. Th nitial Study, contained in the Draft EIR as d project's ,pact on cultural resources. Pursuant to the proposed\project will result in a less than significant s. The following two reports, included as pport t e nelusion of a less than significant impact on ditional analysis is required per CEQA. urces Surve"y Report, Temecula Hospital, CRM Tech., Report. Temecula Hospital Project, CRM nse 3-2, the applicant will be required to guard against harm to any led subsurface cultural resources during the project grading process. Response 3-4 See Response 3-2. The applicant will be required to compiy with agreements, as well as Sections lS064.5(d) and (e) of the CEQA Guidelines (California Code of Regulations) addressing the discovery of human remains during the grading or construction process. CITY Of TEMECULA ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAL HOSPITAL 7-25 . Response 3-5 The comment is acknowledged. Maintaining a good working relationship with the Pechanga Tribe is important to the City. As noted in Responses 3-1 and 3-2, the Pechanga Tribe is included on the project notification list, and per project conditions of approval. the Tribe will be consulted by the project applicant and can be present during ground-disturbing activities. Response 3-6 . ect is approved by the conditions will roceeding with A Guidelines significant The comment is noted. Please refer to Responses 3-2 and 3-3. If t the City Council, conditions of approval will be adopted by the _ be enforceable measures that the applicant must comply ~ prio different phases of the project. Additional mitigation is necessary pe Section 15143 because impact to cultural resources w dentified as less during the Initial Study analysis. Response 3-7 and 3-3. Pursuant to roposed conditions of ation phase, state law ust be cleared by the . The comment is not the Initial Study, all 0 to the project. . All four conditions of approval cited in ractices and regulations, will be applied is be co treatmen such cultur identi as part of the cultural resource investigations cited in f grading and construction monitoring activities. any sacred site will cease until appropriate reconnaissance and treatment can ith state law (see Public Resources Code Section 21083.2[bJ), esigning of project components to avoid, protect. and respect . ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAl HOSPITAL CITY OF TEMECULA 7.26 WARRI'N D. WILLIAMS , 41....1 M.nager.Chief Enllineer 1995 MARKET S1'iiEF.T RTVI'RSlDE. CA 9;501 951.95$;1200 95 1.788.996$ FAX www.l1cx1dcuJltr(l1.eo.rivcrsidaca.us RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSER V ^ nON DISTRICT October 26. 2005 Mr. Emery J. Papp, Senior Planner CityofTcmecula . Planning Department Post Office Box 9033 Temecula, CA 92589.9033 Letter 4 Dear Mr. Papp: !. Re: Draft Environmental Impact Report for TemecuJa Regional Hospital This letter is written in response to the Dr..ft Environmental Impact Report (DElR) for the Temccula: : Regional Hospital P.rojeeL The proposed project is 10calOO on lhe nortbside of Highway 79 South, . ~ south of De Portola Road, and approximatcly 700 feet west of Margarita Road, within the city of:: 4-1 Ternecula ' The Riverside County Flood Control and Water Conservation District (District) has thc following..' commenlslcollcems that should be addressed in the Environmental Impact Report (EIR): 1. Existing: District facilities are loeated adjacenl 10 !he proposoo project area and may"" .. : impacted. Thc proposed project may impact the District's Temecula Creek Line V. Any ; work that involves District rights-of-way, easements. or facilitics will require an:: <''llcroachment permit lrom !he DistricL Thc construction of facilities within road right. :: .. !If-way ihat may impact District storm drains should also be coordinated with us. 1.'0-,,; obtain fUrther'informatiol\ on encroachment permits or existing facilities, contact Ed Lotz : i ofthe EIlcroachment Permit Section at 951.955.1266. .' 4-2 .~",.~'..~' I Ie 2. Page 4-3'3, Section 4.3 Hydrology and Water Quality of the DEIRillcorrectly states that :: the District reviews all propo~ed projecl~wilhin the planning area. 'please he advised that .:; the District does not normally recommend conditions for land diviSions or other land use :: cases in incorporated cities. The District also does not plan check City laud use cases, or :: provide State Division of Real Estate letters or other flood hazard reports for such cases.: : 4-3 District comments/recommendations lor such Cases are normally limited to items of.,: specific interest to the District including District Master Drainage Plan facilities, other .:' regional :f1ood control and drainage facilitics which could be' 'considered a logical ,;: componenl or extension of a mabier plan system, and Area: Drainage Plan fees ':: (developinent mitigation fees). Pleasc refer to the previous leUer dated August 25, 2005 " ilial is ~Iuded in the NOP Responses section of the DElR. ' . Mr. Emery J. Papp : Re: Draft Environinental Impact Report for TemecuIa Regional Hospital .2- October 26, 2005 : 3. It is IDlc!ear in the DEIR where the proposed storm drain system will outlet. Any impacts .:: that may occur to the District's existing Line V Stage 2 Channel as a result of the': connectiOn should be addressed. Potential impacts include,but are nOI limited to,:: 4-4 biologicid resources, air quality, water quality and potential for increased erosion due to' , concentration of flows. Thank you for the opportunity to comment on the DElR. Please forward any subsequent' environmental documents regarding the project to my attention at this office. Any further questions . concerning this letter may be referred to Steven Horn at 951.955.1200 or me at:951.955.1233. "':":~r' Very tntly yours, 0~o::J TERESA TUNG Senior Civil Engineer c: TLMA Attn: David Mares Ed Lotz SCH:mcy P8\! 02972 :~.~>......._.,.~~;;x:.,-:;... _.Jl... . . . . 4. Teresa Tung, Senior Civil Engineer, Riverside County Flood Control and Water Conservation District October 26, 2005. Response 4-1 This comment provides an introduction to the Riverside County Flood Control and Water Conservation District's (District) comments on the Draft EIR. No response is necessary. Response 4-2 . The comment is noted. Per standard City practices and regul Department has included conditions of approval for the encroachment permit from the District for any work within i ight-of-way. An additional condition of approval requires that a copy of thlltcSrading and i ement plans, along with ~upporting hydrologic and hydraulic calc~...la.t,,:......6..3P....ll il~be s.......u...b.mitted t. District for approval pnor to the Issuance of any permit. ./y i)." .... :7~t.:\' ~/]> Response 4-3 .*z'i:~/' In response to the comment, under the "Storm Wa~~)llIRa~e and Water Quality" subheading on page 4-33 of the Final EI Irst sentence Ofl1J~rst paragraph has been revised to read as follows: ~ To ensure that adequate ailable to support new development, all-propos~ 'ecls within t e City of Temecula are mav be reviewed by the R' ontrol ann Water Conservation DistriCLi!! the reouest of the C: ,e City of Temecula. f the Draft EIR, currently the eastern watershed on the project channel (the District's existing Line V Stage 2 Channel). The nt propo to constr~ct storm drain outlets into the District's Line V Stage 2 . the project site. Current flows into the channel are anticipated to the project. The hydrology and drainage analysis report prepared for the project (No mber 2004) analyzed the impact' on channel capacity. The report concluded that the slight increase in flows into the channel will be less than significant; thus, the proposed project will not impact downstream drainage systems.' As site project a Channel dir Per standard City practices and regulations, a condition. of approval will be applied to the project requiring that all grading and improvement plans, along with supporting hydrologic and hydraulic calculations, be submitted to the District for approval prior to the issuance of ,. , 3 Hunter Associates, Ltd. (A TRe Company). Hydrology & Drainage Analysis for Temecula Regional Medical Center. November 2004. CITY OF TEMECULA 7-29 ENVIRONMENTAL IMPACT REPORT TEMECULA REGIONAl HOSPITAL . any permit The applicant will be required to implement any measures imposed by the District. The comment suggests that biological resource impacts should be analyzed in relation to the channel. The project applicant does not propose construction within the channel and thus, no such analysis has been conducted or is required. If, subsequent to project approval and through the review of improvement plans, any construction within the channel is required to comply with'District directives or to address any additional requirements that the City Council may impose as a result of public hearings, then subse nt environmental review will be required per CEQA for any such activity. All other impacts related to t the proposed project d additional impact anal): Id be analyzed in quality impacts ct analysis is The comment suggests that air quality and water quality iml'! relation to the channel. Section 4.1, Air Quality of the Draft naly associated with the construction of the proposed project ' 0 additiona required for air quality. Water quality impacts will be less than significant 11 City practices and regulations. enforced through con I City's NPDES permit. Construction-phase and post-const included into plans for submittal to, and s bject to the appro issuance of a grading permit. The projec nent will also p to ensure ongoing long-term maintenan ctural pos additional impact analysis is required with r ity. less then significant because the channel. Therefore. no . . ENVIRONMENTAL IMPACT REPORT TEMECUlA REGIONAL HOSPITAL CITY Of TEMECULA 7-30 . . . ATTACHMENT NO.8 DRAFT FOCUSED ENVIRONMENTAL IMPACT REPORT R:\C V P\2004\04-0463 Temecula Regional Hospital\PC 11-16-05\PC-$T AFFREPORTll-16-05 v2.doc 43 . . . ATTACHMENT NO.9 COMMENT LETTERS RECEIVED R:\C U P\2004\04-0463 Temecula Regional Hospital\PC 1 1-16-05\PC-STAFFREPORTl 1-16 05 v2.doc 44 I. . , I I' I i I i. .. Trllmark Companies November 3, 2005 # . Ms. Debbie Ubnoskc Planning Director City ofTemeeula PI9l\ning Department 43200 B1lsiness Park Drive Temecula, California 92589 RE: Comments on Draft Environmcntal Impact Report for Temccula Regional llospital (SCHIt 2005lB I 017) Dear Ms. Ubnoske; Trumark Companies is processing the entitlement of an approximately 7.3-aere pl'Oject site directly 10 the ca,~t of the pro))os.;d Temecula Regic\Jlal Hospital (h()flpital) fOf' the purposes of developing a senior residetltial devl:>lopment. The application tor the proposed senior residt-'IIlial development w>u; tiled with the City of'J'cmccula (City) on August 9. 2005 and the L'Iltitlc.111Cnt for development is anticipated to be completed by January 2006. The requested entitlement allows for the development of appruxiIlla~ely 112 attached two-story residential units, a common recreational facility and open space, and pedestrian and vehicular access. Tmmark Companies submits the tollowing comments related to land use compatibility with rcspect to three of the project charactt-TIstics of the hospital that are located directly to the west ofthe proposed senior residential development. These three project characteristics, which are described on pages 1-3 and 3-1 of the Draft ETR, are: the 60- toot by 6o-foot hclipa<! proposed near the northeast comer of the hospital; the truck loading area located at tbe easlt:rn edge of the hospital, to the south of the he/irad; and facilities plant located at the eastcrn edge ofilie hospital, to the south of the helipad. The COlllments are as follows: Aesthetics: The analysis of visual character or quality provided on pages 4-5 through 4- 14 in Seetioo 4.1, Aesthetics, ofthe DraH EIR tailed to analyze potcntial1/icw/aesthetie impacts and light and glare impacts on the proposed senior residential development site located immediately to the east of the proposed hospital site. Please revise the discussion in the Draft ElR to include an analysis ofthe poteotial view/aesthetic impacts and light and glare impacts on the senior residential development duc to the development of the proposed hospital. This needs to specitically address the potential impacts to the 26~47 R,\NCH() PARKWAY SOUTH LAKE FUI(E~'r. CA Q2(031l ~~nn.nVT ~^^Y^~.D.D ~~. nn.._ ~~__._^ .__ proposed senior residential development from the construction and operation of the helipad, the truck loading area, and the plant. . Air Quality: The analysis of long-term impacts to air quality provided on pages 4.24 through 4-26 in Section 4.2, Air Quality, of the Draft EIR failed to adequately analyze the long-term impacts of the proposed hospital on regional and local air quality. Ple::ase revise the discussion in the Draft ETR to include an analysis of the impacts of the ongoing operdtion of the proposed hospital. This needs to specifically address the potential impacts to regional and local air quality due to operation of the helipad, the truck loading area, and the plant (including the maintenance and testing of emergency power generators) . Land Use and Planning: The analysis onand use compatibility with surrounding land uses provided on page 4-41 in Section 4.4, Land Use and Planning, of the Draft ElR failed to analyze the potential land use compatibility impact.~ on the proposed St1nior residential development site located immediately to the east of the proposed hospital site. Please revise the discussion in the Draft ErR to include an analysis of the (lotentialland use-compatibility impacts on the senior residential development due to the development of the hospital. This needs to specifically address the potential impacts to the proposed senior residential development it-om the operation of the heHpad, the truck loading area, and the plant and the associated aesthetic, air quality, and noise impacts from the operation of these project characteristics. Noise: The analysis of operations-related noise provided on pages 4-58 through 4-63 in Section 4.5, Noise, of the Draft EIR failed to anill)l7.e potential noise impacts on the proposed senior residential development site located immediately to the east of the proposed Temecula Hospital site. Please revise the discussion in the Draft EIR to include an analysis of the potential noise impacts on the senior resid\::ntiaI development due to the development of the hospital. This needs to spt....:ifically address the potential impacts to the proposed senior residential development from the operation of the helipad, the truck loading area, and the plant (including the maintenance and testing of emergen~y power generators). . Tromark Companies requests that, prior to taking action on the proposed Temecula Hospital project, please provide the written responses and the revised analyses indicated above. These written responses and revised analyses should be transmitted to Trumark Companies attention Victoria Mata at the address indicated On the letterhead. While Tromark Companies strongly supports the development of the Temecula Regional Hospital on the site where it is proposed to be located, we need the analysis of the potential impacts of the proposed hospital to be reflected in the environmental docwncntation in order to protect the pending entitlement tOr the proposed senior residential development and the future health and safety of its residents. We have every confidence that the City will require that the issues indicated be adequately addressed in the Response to Comments/Final EIR and any changes to the design of the project . ;~ ,; . . Ie characteristics will be reflected in the final entitlement approved for the proposed hospital. ~\c~10~ Victoria Mata Cc: Emery Papps, City ofTemecula Senior Planner ASSOCIAllON MANAGEMENT . 42430 WINCHESTER RD. TEMECULA. CA 92590 PH: (951) 296-5640 FAX: (951) 296-5524 ~~@~~~~~\\ \m NO\} OJ 1\l\l5 ~ BY-- --=::: Equity MANAGEMENT October 31, 2005 Debbie Ubnoske, Director of Planning Oty of Temecula 43200 Business Park Drive Temecula CA 92589-9033 Subject: Santiago Ranchos Property Owners Association Re: Proposed Zone Change Dear Ms. Ubnoske: The Santiago Ranchos Property Owners Association Board of Directors, on behalf of the entire membership, strongly believes designation of the proposed zone change to allow an A6 (six) story structure is misleading to all except those in the construction trade. We feel an urgent need to see something placed onsite at the proposed height, showing everyone, induding the Planning Commission, the impact such a structure would impose. . We understand this 'concept was brought up in a planning meeting and rejected by the applicant. Please Tespondin writingastowtly :the applicant declined this request. It would be as simple as flying balloons at the indicated height. The Board of Directors sees no reason this matter cannot be resolved in a timely manner before the November 16, 2005 Planning Commission Meeting. If the applicant declines to provide the Commission and neighbors a structure (i.e. balloons) indicating the height of their proposed building, we feel the application for consideration by the Commission should be pulled from the November 16, 2005 agenda. Should you have any questions or concerns, please feel free to contact me at (951) 296-5640. . JBO/jlb CC: NM Corrs/Oty Planning Commissioners ,. ~: :.' -.' ~- ',. . .~>. { ';;, coAAS1OJ:YIJlBtlOSI<IHEMw.AA-PROP'ZQN~Q1P,NGE.SRH' ' ", '~-j'.- :.~"~.: '.. ,,~(.;.. "-:'., rf\:-; (YJ{Y":, .--,~",;;G ~~q;:. ;~(:L :J-iD~ /J.::,:;~ ;':'-;,::'C-;. ,y '" ..; ~ '. .,,",:_i,:,-, ,,: -""-'^". - :".!- "(".,'J; .. . . ADAMS BROADWELL JOSEPH & CARDOZO It. PROFESSIONAL CORPORATiON SACRAMENTO OfFICE DANIEL L. CARDOZO RICHARD T. DRURY THOMAS A. ENSLOW TANYA A. GULESSERIAN MARC D. JOSEPH OSHA R. MESERVE SUMA PEESAPATI GLORIA D. SMITH ATTORNEYS AT LAW 1225 8th STREET, SUITE 550 SAC~MENTO. CA 95814-4810 TEL: (916) 444-6201 FAX; (916) 444.6209 601 GATEWAY BOULEVARD, SUITE 1000 SOUTH SAN FRANCISCO. CA 94080-7037 TEL: (650) 589.1660 , FAX: (650) 589.5062 g s m i th@:adam8broadwall.com FELLOW KEVIN S. GOLDEN . OF COUNSEL THOMAS R. ADAMS ANN BROADWEll October 28, 2005 TRANSMITTED VIA EMAIL AND REGULAR MAIL Mr. Emery Papp Planning Department City of Temecula 43200.Business Park Drive Temecula CA 92589 Re: Comments on the Draft Environmental Imnact Renort for the Temecula Reeional Hosnital Dear Mr. Papp: On behalf of the California Nurses Association ("CNA"), this letter provides nreliminarvcomments on the City of Temecula's focused environmental impact report ("focused EIR") for the Temecula Regional Hospital project (''Project). As explained below, the City of Temecula's ("City") focused EIR does not comply with the requirements ofthe California Environmental Quality Act ("CEQA").l Accordingly, the City may not approve the Project or grant any permits for it until the City prepares and circulates a full EIR that addresses all of the environmental impacts associated with the proposed Project. The City's proposed Project is located within city limits on undeveloped land near south Highway 79 and Margarita Road. Temecula Creek runs approXimately 1000 feet south of the project site. (Focused EIR, at p. 1-1.) The project site consists of 35.31 acres of vacant land on gently sloping terrain, with a high point between two watersheds on the western side of the parcel. (Id., at p. 1-2.) The eastern boundary of the project contains dense riparian vegetation, presumably along Temecula Creek. 1 Public Resources Code ~~ 21000 et seq. 1818-003a 0-"=-- . October 28, 2005 Page 2 The proposed Project consists of a 566,160-square-foot medical facility that will include a two-tower hospital complex with approximately 320 beds. One tower will be six stories and the other five stories. The hospital will provide in-patient, out-patient and emergency services. The facility will also include a 1O,000-square- foot cancer center in an adjacent one-story building, and an 8,000 square-foot fitness rehabilitation center. The Project also includes a 60-foot by 60-foot helipad and 1,278 parking spaces. (Id., at p. 1-3.) According to the focused Em, the Project will have unavoidable and significant short term, long term and cumulative impacts to air quality. The Project will also have unavoidable and significant impacts concerning traffic and noise. The California NUl'ses Association is one of California's oldest nonprofit social welfare institutions. Founded in 1901, today CNA represents over 65,000 members in more than 165 facilities throughout the state. CNA has represented its members on nursing and public health issues before municipal, county, and state bodies for . over 100 years. Over 100 members of the CNA provide professional care for . patients in medical facilities in the vicinity of Riverside County and Temecula. CNA's comments are made in its representative capacity of over 100 CNA members and their families who currently reside in Riverside County, on behalf of its members and their families throughout California, and on behalf of health care consumers generally who are directly affected in their health and general welfare by the availability of, access to, and quality and safety of health care services. CNA members and their families have a direct and substantial interest in assuring that scarce health care resources are devoted to the provision of safe and quality care to all persons, and that new health care facilities are developed, constructed and operated in'manner that will serve the public health priority of universal access and a single standard of safe and quality care. In addition, like the public at large, CNA members are concerned about sustainable land use and development in this county. Similarly, CNA members live in the communities that suffer the impacts of environmentally detrimental and poorly planned projects. lll-conceived development, in turn, may jeopardize human health and safety. This is particularly true here given that underground hazardous waste occurs in close proximity to the proposed Project, and the fact that the City seeks to situate a hospital adjacent to an active earthquake fault zone. Likewise, environmentally detrimental projects may jeopardize future jobs by making it more difficult and more expensive for business and industry to expand in the region, and . 1818-003. . . . October 28, 2005 Page 3 by making it less desirable for businesses to locate and people to live here. CNA members breathe the same polluted air that others breathe and suffer the same health and safety impacts. The CNA therefore has a strong interest in enforcing environmental laws such as CEQA to 'protect its members. We have prepared these comments with the assistance of three technical experts: Mr. Tom Brohard, Mr. Matt Hagemann, and Dr. Petra Pless. The comments of each of these experts along with their curriculum vitae are provided herein as Attachments 1, 2 and 3. Please note that these experts' comments supplement the issues addressed below, thus each expert's comments should be addressed and responded to separately. I. INTRODUCTION CEQA has two basic purposes, neither of which the focused EIR satisfies. First, CEQAis designed to inform decision makers and the public about the potential, significant environmental effects of a project. (14 Cal. Code Regs. ("CEQA Guidelines") ~ 15002(a)(1).) The EIR is the "heart" of this requirement. (No Oil, Inc. v. City of Los Angeles (1974) 13 Cal.3d 68,84.) The EIR has been described as "an environmental 'alarm bell' whose purpose it is to alert the public and its responsible officials to environmental changes before they have reached ecological points of no return." (County of Inyo v. Yorty (1973) 32 Cal.App.3d 795.) Second, CEQA directs public agencies to avoid or reduce environmental damage when possible by requiring alternatives or mitigation measures. (CEQA Guidelines S 15002(a)(2) and (3). See also Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Ca1.3d 553, 564; Laurel Heights Improvement Ass'n v. Regents of the University of California (1988) 47 Ca1.3d 376, 400.) The City failed to satisfy these purposes by not issuing a full EIR but instead circulated a focused EIR adllressing only a small portion of the actual impacts associated with the Project. In fact, a focused EIR, by design, is a final-stage tiering document, but the City has not conducting any tiering for this Project. In addition, the City has not complied with CEQA by: failing to provide sufficient information to conduct project-level environmental review ofthe Project; failing to accurately describe the environmental setting and establish an accurate baseline necessary for an accurate evaluation of environmental impacts; failing to disclose all potentially significant environmental impacts; failing to describe inconsistencies with the applicable general plan and zoning ordinance policies and regulations; failing to 1818-003. . October 28, 2005 Page 4 provide adequate mitigation measures to avoid impacts; and failing to analyze cumulative impacts. Based on the foregoing, the focused EIR fails to inform the public or decision makers about the Project's significant impacts, and fails to avoid or reduce , environmental damage when possible by requiring alternatives or mitigation measures. The City must correct these shortcomings and recirculate a full EIR for public review and comment. II. THE CITY VIOLATED CEQA'S STATUTORY PUBLIC REVIEW PERIOD As a preliminary matter, the CNA hereby reserve its right to file supplemental comments at a later date because the City illegally curtailed its Project's public review period from the statutorily required 45 days to 30 days. Specifically, CEQA expressly provides the public with a 45-day review and comment . period for all draft environmental impact reports submitted to the State . Clearinghouse (No. 2005031017). (CEQA, section 21091.) Here the City impermissibly curtailed the review time by a full two weeks, which precluded the CNA from providing full and complete comments on the Project. It appears that, coincident to the City submitting its focused EIR to the State Clearinghouse, the City also requested a shortened public review period.2 (Focused EIR, at p. 2-3.) The State Clearinghouse website indicates that it granted the City's improper request for shortened time, but does not state the date or justification of the State's decision. (www.ceaanet.ca.l!"ov) Appendix K of the CEQA Guideline describes exceptional and very limited circumstances under which 'a lead agency may curtail the public's review period, and it is clear that the City's focused EIR meets none of the below criteria: Under exceptional circumstances, and when requested in writing by the lead agency, the State Clearinghouse in the Office of Planning and Research (OPR) may. shorten the usual review periods for proposed negative. declarations, mitigated negative declarations and draft EIRs submitted to the Clearinghouse. A request must be made by the decision-making body of the 2 Note, that therocused EIR simply declares that the City intended to apply for a curtailed review period, omitting any justification or indication of final resolution of this issue. (Focused EIR, at p. 2- . 1.) 1818-003. . . . October 28, 2005 Page 5 lead agency, or by a properly authorized representative of the decision-making body. A shortened review period may be granted when any of the following circumstances exist: (1) The lead agency is operating under an extension of the one-year period for completion of an EIR and would not otherwise be able to complete the EIR within the extended period. (2) The public project applicant is under severe time constraints with regard to obtaining financing or exercising options which cannot be met without shortening the review period. (3) The document is a supplement to a draft EIR or proposed negative declaration or mitigated negative declaration previously submitted to the State Clearinghouse. (4) The health and safety of the community WOlfld be at risk unless the project is approved expeditiously. (5) The document is a revised draft EIR, or proposed negative declaration or mitigated negative declaration, where changes in the document are primarily the result of comments from agencies and the public. Shortened review cannot be provided to a draft EIR or proposed negative declaration or mitigated negative declaration which has already begun the usual review process. Prior to requesting shortened review, the lead agency should have already issued a notice of preparation and received comments from applicable State agencies, in the case of an EIR, or consulted with applicable State agencies, in the case of a proposed negative declaration or mitigated negative declaration. (CEQA Guidelines, Appendix K) According to State Clearinghouse senior planner, Scott Morgan, the City relied on section (5), above (Telephone communication, Oct. 24, 2005). However, that provision only allows shortened time when the lead agency has circulated a revised DEIR, a proposed negative declaration or a mitigated negative declaration, 1818-003a v . October 28, 2005 Page 6 none of which applies here. Instead, the City issued a focused EIR, and circulated it for the first time on September 28, 2005. Thus, Appendix K's section 5 is inapplicable, as are all of the other limited exceptions to CEQA's 45-day rule. Therefore, the City submitted a wrongful request which the State granted, likely assuming the City's request had been made on valid grounds. In any case, the City's dubious actions have curtailed the public's and decision makers' review of its CEQA document by a full two weeks. Because the CNA was illegally denied the full statutory period to review and comment upon the City's focused EIR, the CNA hereby reserves the right to supplement these preliminary comments at a later .date. III. THE DEIR FAILS TO ACCURATELY DESCRIBE THE PROJECT An accurate, stable and finite project description is the sine qua non of an informative and legally adequate EIR. (County of lnyo v; City of Los Angeles (1977) 71 Cal.App.3d 185, 192.) Without it, CEQA's objective of fostering public disclosure . and informed environmental decision-making is stymied. AB one analyst has noted: The adequacy of an ElR's project description is closely linked to the adequacy of the ElR's analysis of the project's environmental effects. If the description is inadequate because it fails to discuss the complete project, the environmental analysis will probably reflect the same mistake. (Kostka and Zischke, "Practice Under the California Environmental Quality Act," p. 474 (8/99 update).) The project description must be accurate and consistent throughout an EIR. (County of lnyo, 71 Cal.App.3d at 192.) It.is impossible for the public to make informed comments on a project of unknown or ever-changing proportions. "A curtailed or distorted project description may stultify the objectives of the reporting process. Only through an accurate view of the project may affected outsiders and public decision-makers balance the proposal's benefit against its environmental costs. . . ." (County of lnyo, 71 Cal.App.3d at 192-193.) In County of lnyo, the lead agency first defined the project to include only the extraction of groundwater from Owens Valley for export and use on city-owned land in Inyo and Mono Counties. 'Then, the project was defined as "one part of the larger operation of the Los Angeles Aqueduct System." And in yet another part of the document, the project included the entire Los Angeles Aqueduct System. (ld. at 190.) The Court found the inconsistent project descriptions to be harmful because "the inconsistency confused . 1818-003. . !. I . October 28, 2005 Page 7 the public and commenting agencies, thus vitiating the usefulness of the process". . . "as a vehicle for intelligent public participation. . . . A curtailed, enigmatic or unstable project description draws a red herring across the path of public input." (Id. at 197-198.) A project is "the whole of an action, which has a potential for resulting in a physical change in the environment, directly or ultimately"...including "the activity which is being approved and which may be subject to several discretionary approvals by govemmental agencies." (CEQA Guidelines ~ 15378(a), (c); see McQueen u. Board of Directors (1988) 202 Cal.App.3d 1136, 1143.) In McQueen, the plaintiff challenged the approval of a project that was improperly described in a CEQA exemption as simply acquiring surplus federal property for public open space. (202 Cal.App.3d at pp. 1140, 1144.) The court concluded that this description impermissibly "divided the project into segments which evade CEQA review" because the public entity had plans for the interim use and management of this property that contained polychlorinated biphenyls. (Id. at pp. 1144-1146.) An accurate j!escription of the property also demonstrated the project was not exempt from CEQA review. ([d. at p. 1149.) AB discussed below, the focused EIR fails to describe the Project and its environmental setting accurately and completely. It omits key project features that have the potential to result in significant impacts. AB a result, potentially significant environmental impacts were not adequately analyzed or addressed by the focused EIR. Therefore, the focused EIR is fatally deficient under CEQA. A. The Focused EIR Failed To Accurately Describe The Project Construction Schedule And Equipment The focused EIR fails to include a detailed construction schedule with the list of equipment that will be used, the horsepower of each piece of equipment, the hours of operation, the type of fuel used, the length and timing of the individual construction phases, and so forth. Further, the focused EIR contains no information regarding the expected timing of completion of each of the major project phases as well as the buildout horizon for the entire Project. This information is typically provided in an EIR, but was not. Without this information, emissions resulting from construction cannot be accurately estimated. AB discussed below, the focused EIR uses mostly default assumptions to model construction emissions, which may considerably underestimate emissions. 1818-003a . October 28, 2005 Page 8 1. The Focused EIR Contains No Grading Plan Or Cut-And- Fill Analysis The Initial Study for the Project finds no significant impacts with respect to geology and soils, relying on a perfunctory geotechnical investigation conducted for the Project. The Initial Study fails to include this study for public review. According to the Initial Study, the geotechnical investigation recommends over- excavation up to 24 inches below existing grade and recompaction for support of building slabs and pavement. (Appx. A, NOPlInitial Study, p. 16 through 18.) Yet, neither the focused EIR nor the Initial Study contains a grading plan or any other information regarding the amount of cut and fill necessary for development of the site or the projected amount and location of spoils, if any. Review of the focused EIR's emissions modeling suggests that only some minor amount of material will have to be imlexported.3 This suggests that the focused EIR largely relies on balancing the amount of cut and fill of native soil on site with no additional import of fill material or export of excess cut material. Yet neither the Initial Study nor . the focused EIR contains any information demonstrating that cut and fill can, in fact, be balanced on site. This information is typically derived from a grading plan, which would ordinarily be provided in an EIR, but was not. If cut and fill cannot be balanced on site, material would have to be imported or exported, which causes additional emissions. \ 2. The Focused DEIR Failed To Adequately Describe Mechanical Equipment The Project require~ a variety of mechanical equipment, including heating and air conditioning equipment, emergency generators, boilers, and so forth. None of this equipment is described with any detail in the focused EIR. The focused EIR provides only the following vague statement: "A truck loading area and facilities plant will be located at the eastern edge of the hospital, south of the helipad. This area provides infrastructure needed to support the hospital, such as a loading dock, cooling tower, generators, transformers, a fuel tank, and a bulk oxygen storage area." (Focused EIR, p. 3-4.) Review of the Project site plan indicates three cooling towers, two emergency generators, two transformers, and a fuel tank located in the 3 URBEMIS2002 modeling assumes 18 vehicle miles traveled ("VMT') for on-road truck travel during the grading phase, suggesting a minimal imIexport of materials; a..".u..:mately 2500 cubic yards based on the program's default values. This small amount of material is most likely export of existing pavements, utilities and other deleterious material that has to be removed from the site. 1818-0030 . ,. :. I I, I. October 28, 2005 Page 9 mechanical yard. (Focused EIR, p. 3-5, Figure 3-2.) The focused EIR's noise impact analysis further indicates that the mechanical equipment room, which is proposed to be located inside the Phase IB hospital building, adjacent to the mechanical yard, will contain pumps, chillers and boilers. Air conditioning and refrigeration units and their associated inlet and outlet exhaust systems will be located on the hospital's rooftop. (Focused EIR, p. 4-63.) This limited information, scattered over several chapters of the focused EIR, is entirely inadequate to determine emissions and resulting environmental impacts from operation of the mechanical equipment. A complete and accurate project description mustinclude the fuel, firing rate, and number of boilers; the capacity for the two emergency generators; the type and efficiency ofthe proposed pollution control equipment; the circulating water flow and total dissolved solids ("TDS") content of the cooling water; the drift rate of the cooling towers; and the information ,required to model these sources, e.g., stack location, height, diameter, exhaust gas flow rate, temperature, and so forth. Without knowledge of these characteristics, it is impossible to determine emissions from this equipment and, in fact, they were not included in the operational emissionS estimates for the Project. Because the City failed to include an adequate project description in its focused EIR, CEQA requires that it complete and recirculate a full EIR that fully complies with long-established caselaw on this issue. IV. THE FOCUSED EIR LACKS SUFFICIENT DETAIL TO ANALYZE THE PROJECT'S IMPACTS Rather than issue a full EIR, the City circulated an incomplete CEQA document it deemed a "focused EIR." Irrespective of its title, the EIR fails to meet CEQA requirements because the document only addresses a fraction of the true environmental impacts associated with the proposed Project. There is no dispute that CEQA allows agencies to prepare different types of EIRs. Indeed, the different types of documents serve to promote efficiency imd avoid redundancy in the planning process while still providing the public with full disclosure of the environmental impacts of a proposed project. The permitted CEQA documents include: project EIRs; EIRs as part of general plans; master EIRs; program EIRs; staged EIRs; focused EIRs; subsequent EIRs; and supplemental EIRs. Most of these EIRs, including a focused EIR, are associated with a process known as "tiering" by which an agency prepares a series of EIRs or negative declarations, typically moving from general, regional concerns to more site-specific'considerations 1818.0030 . October 28, 2005 Page 10 with the preparation of each new document. (CEQA sections 21068.5, 21093, 21094; CEQA Guidelines sections 15152, 15385.) However, as shown below, the City has not engaged in any early planning or tiering which would allow it to issue anything but a full Em. A. The City Must Prepare A Full EIR The most common type of Em examines the environmental impacts of a specific development project. Such project Ems address all of the changes in the environment that would result from the development project. Project Ems must examine all phases of the project including planning, construction, and operation. (CEQA Guidelines'section 15161.) Project Ems mayor may not be part of a tiering process because they operate as stand alone documents containing all of the necessary components of a valid CEQA document. On the other hand, a focused Em is only appropriate where an agency has prepared a master Em ("MEIR") for a broadly defined planning program. (Remy, Thomas et a!., Guide to the California Environmental Quality Act (CEQA) (10th ed. 1999), p. 275.). In such cases, a . focused Em may be a.......u....~ate for subsequent individual projects expressly contemplated in the MEIR. (Id.) This allows the lead agency to dispense with analyses already addressed in the MEm. (CEQA, sections 21157 et seq.; CEQA Guidelines, section 15157.) However, importantly, a focused EIR must incorporate by reference the MEIR on which the lead agency is relying. (CEQA, sections 21158.) . Here, the City circulated a final-stage tiering document, despite its not providing any indication of prior tiering associated with the proposed Project. As a result, the City's focused Em is incomplete and omits important impact analyses that would normally be discussed in a prior finalized document, and then incorporated by reference into the focused Em. Specifically the focused Em failed to include analyses for: agricultural resources, biological resources, cultural resources, geology and soil, hazardous materials, mineral resources, population and housing, public services, recreation, and utilities and service systems. As shown below, the City's preparation of a focused Em for the proposed Project does not comply with CEQA's legal requirements because a factual analysis ofthe Project shows that the City failed to include significant environmental impacts in its CEQA document. In sum, given the procedural and factual background of the City's Project, it is clear that the City was required to prepare 'a full project Em since the Project is 1818-0030 . . . '. . October 28, 2005 Page 11 not part of a larger CEQA planning process. By this measure alone, it is clear the City acted improperly by preparing a focused EIR which omits essential impact analyses for ten CEQA factors without incorporating by reference from an earlier CEQA document. The City must prepare and circulate for public review a full EIR that includes analyses for all of the required topics. B. The Fair Argument Standard Requires The City To Prepare A Full EIR Here, the "fair argument" standard determines whether the City is required to prepare either a full EIR or a focused EIR. (Remy Thomas, at p. 506.) This , standard obtains because CEQA requires the preparation of an EIR whenever it can be fairly argued on the basis of substantial evidence that a project may have a significant environmental impact. If an agency is presented with such evidence, it . cannot rely on contrary evidence as a basis for choosing not to prepare an EIR. (Sierra Club u. County of Sonoma (1992) 6 Cal.App.4th 1307, 1316-17.) In this case, the City prepared only a partial EIR addressing only a fraction of the significant impacts associated with the proposed Project. Thus the fair argument standard applies to those resource areas the City omitted from its CEQA analysis. More specifically, a full EIR is required (as opposed to a negative declaration or focused EIR) whenever substantial evidence in the record supports a fair argument that significant impacts may occur. Even if other substantial evidence supports the opposite conclusion, the agency nevertheless must prepare a full EIR. (No Oil, Inc. u. City of Lost Angeles (1974) 13 Ca.3q 68, 75.) The fair argument standard creates a low threshold for requiring preparation of an EIR. (Citizens Action to Serue All Students u. Thornley (1990) 222 Ca1.App.3d 748,754.) This standard is founded upon the principle that, because adopting Ii negative declaration has a terminal effect on the environmental review process, an EIR is necessary to resolve "uncertainty created by conflicting assertions," and to "substitute some degree of factual certainty for tentative opinion and speculation." (No Oil, Inc. 13 Cal.3d at p. 85.) This analysis is fully applicable here because, by choosing to ignore ten of the sixteen environmental factors in the NOP's Environmental Checklist, the City has precluded all review of these issues, resulting in the same outcome as if the City had simply issued a negative declaration for these issues. It is clear from the City's environmental documents that the Project will have a significant effect on the environment in resource areas the City refused to analyze. For example, the City's 1818-003. , . October 28, 2005 Page 12 focused EIR omitted significant analyses covering the existence of hazardous leaking underground storage tanks within 250 feet of the Project. Therefore, applying the fair argument standard, there is substantial evidence that the City should have prepared a full EIR addressing all of the environmental factors enumerated in the NOP's Environmental Checklist. v. THE FOCUSED EIR FAILS TO DISCLOSE OR ANALYZE ALL POTENTIALLY SIGNIFICANT IMPACTS Even if using a focused EIR were appropriate in this instance, which it is not, the document itself is defective and must be revised and recirculated. Under CEQA, an EIR must disclose all of a project's potentially significant adverse environmental impacts. (CEQA section 21100(b)(1).) The City's focused EIR patently fails to do so. First, the focused EIR contains only cursory analyses of impacts associated with aesthetic resources, air quality, hydrology and groundwater, land use and planning, noise and transportation. Second, the focused EIR failed to include any analyses whatsoever for: agricultural resources, biological . resources, cultural resources, geology and soil, hazardous materials, mineral resources, population and housing, public services, recreation, and utilities and service systems. For nearly all of these issues, the record is incomplete because the City failed to identify significant impacts associated with these resource areas. The most glaring deficiencies are as follows: A. The Focused EIR Fails To Identify Hazardous Waste Sites Since 2001, Riverside County and the City of Temecula have known that the Project site and local groundwater is contaminated by hazardous waste due to leaking underground fuel tanks ("LUFI's"). Yet, the City's focused EIR fails to reveal this information, claiming instead that there would be no impacts or less than significant impacts associated with the proposed Project for geology, soils and hazardous waste issues. (Focused EIR, at p. 1.8) But, in reality, the proposed Project is within 250 feet of two gas stations where leaking underground fuel tanks have been the subject of ongoing assessment and cleanup activities. First, there is a Chevron station located at 31669 Hwy. 79 which has been listed as an 'open file' according to the California EP A "Geotracker" 1818-003. . . . . October 28, 2005 Page 13 web site.4 This website specifies that the site's groundwater is contaminated with gasoline-related hazardous materials, including methyl tert-butyl ether (MTBE), tert-buytl alcohol (TBA) and toluene. There is no evidence that remediation at this site is close to complete. Nor is there any indication of the size and movement of the existing contaminant plume. Second, there is an ARCO gas station at 44239 Margarita Road that is listed at the Geotracker web site as undergoing assessment and cleanup activities. Here, as at the Chevron station, there is no evidence that remediation is close to complete.s Also, as with the Chevron station, contaminants in groundwater include gasoline-related compounds. Currently, there is no indication of the size and movement of the existing contaminant plume. Significantly, the City is well aware that these facilities pose serious health risks to workers and patients at the proposed medical facility because the gas stations are included in the City's General Plan as "open fuel leak cases" and specifies: "any new development that involves contaminated property will necessitate the clean up and/or remediation of the property in accordance with applicable federal, State, and local requirements and regulations. No construction will be permitted to occur at such locations until a no further action or similar determination is issued by the City's Fire Department, Department of Toxic Substances Control, Regional Water Quality Control Board, and/or other responsible agency."6 Despite this clear directive, the City is proposing to locate the Project, a hospital contaicing a cancer center, in-patient, out-patient, emergency services and a rehabilitation center, adjacent to two hazardous waste sites that are listed as open and are actively undergoing assessment and cleanup for hazardous materials. Inexplicably, the focused EIR completely omits any discussion of these hazardous waste sites and the status of their cleamlP. 4lhttn:llgeotracker _swrcb"ca..!?'ov/renort#1uft,~ sn?~lobal i.d=T06065992R6&asf:;iPTled name=MAINRrr E). '(httn:/I..eotracker.swrcb.ca...ov/renortslluft.asn ?p'lobal id=T0606599255&assi<med name=MAINSrr E). 6httn:/Iwww.cityoftemecula.orp.lcitvhall/Comm DevDiviaionlPlannin..l.....ttona telFina 1%20EIlU5 7%20 Hazards%20and%20Hazardous%20Materiala.ndf 1818-003a . October 28, 2005 Page 14 Similarly, the focused EIR does not address the issue of hazardous waste exposure to hospital patients and employees through groundwater contamination. Instead, the City asserts that no mitigation measures are required with respect to these issues. (Focused EIR, at p. 4-35) This, despite the fact that the City acknowledges it intends to rely on groundwater on an as needed basis, "if surface waters are reduced." (Focused EIR, at p. 4-35). Groundwater is less than 25 feet below the ground surface at the Project location, and exposure to the gasoline-related compounds via the water or vapor pathways is possible during construction and within hospital buildings post- construction. Therefore, the City must prepare a full EIR to identify potentially significant impacts of contaminant exposure to construction workers, the hospital staff and patients as a result of these contaminants. Any pathways of exposure that would result in risk to human health must be mitigated prior to construction. B. The Focused EIR Fails To Identify the Location of An Active Earthquake Fault Zone Near the Project . The City failed to disclose and discuss in its focused EIR the fact that the Project would be located within 2500 feet of an active earthquake fault zone known as the Elsinore Fault. This particular fault has generated a magnitude 7.0 earthquake along its southern segment in the late 1800s. The fault zone is recognized in the Temecula General Plan and designated an Alquist-Priolo Earthquake Fault Zone. This designation, pursuant to California's Alquist-Priolo Earthquake Fault Zoning Act (Alquist-Priolo Act), limits the types of construction and other activities that can occur within the Elsinore Fault Zone to prevent damage associated with ground surface rupture. (See Pub. Res. Co~e section 2621 et. seq.) Significantly, the purpose of the Alquist-Priolo Act is to prohibit the location of developments, such as hospitals, across the traces of active faults. (pub. Res. Code sections 2621.5, 2621.6) The Act prohibits the City from approving the proposed Project without completing "a geologic report defining and delineating any hazard of surface fault rupture." (pub. Res. Code section 2623(a)) Moreover, Project approval must be in accordance with the policies and criteria established by the State Mining and Geology Board and the findings of the State Geologist. (Id.) There is no evidence in the focused EIR that the City has conducted such a report in consultation with the State. .1818-003. . . I l. I. October 28, 2005 Page 15 Additionally, the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 (Hospital Seismic Safety Act) provides further requirements to ensure the safety of medical facilities sited in earthquake prone areas. (Health and Safety Code Section 129675 et. seq.) The Legislature passed the Hospital Seismic Safety Act to require that "hospital buildings. . . shall be designed and constructed to resist, insofar as practical, the forces generated by earthquakes." (Health and Safety ~ 129680(a).) To accomplish this goal, the Hospital Seismic Safety Act requires approval of all projects by the Office of Statewide Health and Planning and Development ("Office"). (Health and Safety ~ 129770(a).) Approval by the Office must include an independent review of geological data by an engineering geologist. and independent review of the structural design data by a structural engineer. (Id.) In addition to independent review by the Office, the Hospital Seismic Safety Act requires that plans for hospital construction include "an assessment of the nature of the site and potential earthquake damage, based upon geologic and engineering investigations and reports by competent personnel of the causes of earthquake damage." (Id.) Prior to construction of any hospital building, discretionary plan approval by the Office is required. (Health and Safety Code ~ 129810.) Clearly, the City has not complied with the Hospital Seismic Safety Act since there is no evidence in the focused EIR that the City has obtained an approved assessment from the Office of Statewide Health and Planning and Development. The City must prepare a full EIR that includes a geologic report consistent with the State Board for Geology and Mining, and must obtain approval by the Office of Statewide Health a~d Planning and Development. In addition, a full EIR must include measures to mitigate safety impacts as a result of the. Project's proximity to this particular fault zone. Finally, in accordance with the City's General Plan, the full EIR must include a complete geologic investigation by a State-licensed engineering geologist to ensure that the project will not be constructed across any traces of the Elsinore Fault. If an active trace fault is found, a hospital cannot be placed over the trace of the fault, but instead must be set back from the fault in accordance with the California Public Resources Code. C. The EIR Fails to Identify the Location of the Project in a Liquefaction Hazard Zone Finally, and in connection with seismic impacts the City failed to disclose in its focused EIR, the Project area is also especially prone to liquefaction in the event of an earthquake. According to the Temecula General Plan, and as shown in the following figure, the area underlying the proposed Project has been mapped as a 1818-003. . October 28, 2005 Page 16 ''liquefaction hazard ZOne."7 Ail mentioned above, a geologic report in consultation with the State Mining and Geology Board and incorporating its policies and criteria, would likely remedy the focused EIR's deficiencies with respect to the issue of liquefaction. . 7Ihttn:/lwww.citvoftemecula.orl./citvhallJCommDevDivisionIPlanninl./lmundafR}Final%20EIRJ5 6%20 . Peolol"'%20and%20Soils.ndf. p. 5.6-4). . 1818-003. ;. '!, . . . October 28, 2005 Page 17 l"~!l6,1 Si;ib""" Huimh 'k,_ 1i!iIJ:. .;~Mi.-Jz(..~ ..~. '''~_i'~:'''''''Jlf~ -.I_--~'~~- .......... ~..~~-'~,:. ,.,-"~~_Ii"~ ::::~~"QiMl~ i .. ' ~~ I ~ I, . 'l" - . ~ ..J '\ ( .-.."....'.'.'...'.. . - ,. . _c. ,..~ """''''''4 , fl.. "t-t-t-1 JJ. ~- Nevertheless, because the City failed to comply with State law, and completely omitted a geologic report and omitted the actualtopic of geology and soils from its CEQA analysis, the public and decision makers are denied the 1818-003a . October 28, 2005 Page 18 opportunity to review this critical issue. An adequate EIR containing a geologic report, specifically identifying the Project as within a liquefaction zone, is required to analyze the issue of liquefaction and to identify specific ways in which these conditions can be mitigated. D. The Focused EIR Fails to Identify Particulate Matter Ambient Air Quality Standards Particulate matter is emitted from two sources, engine exhaust and fugitive dust. The health impacts of particulate matter depend on its size, and the size depends on its source. Combustion sources, such as vehicle exhaust, predominantly emit particulate matter with an aerodynamic diameter ofless than or equal to 2.5 micrometers (''PM2.5'), while fugitive dust consists predominantly of particulate matter less than 10 micrometers (''PMI0') Historically, health impacts due to particulate matter were regulated through ambient air quality standards for PMlO. However, a substantial amount of important new research has been published, documenting new health impacts at much lower concentrations and for different size fractions of particulate matter than was previously known and reflected in ambient air quality standards. (U.S. EPA 04196;8 U.S. EPA 03/01.9) . This new research documents that the inhalation of particulate matter, particularly the smallest particles, causes a variety of health effects, including premature mortality, aggravation of respiratory (e.g., cough, shortness of breath, wheezing, bronchitis, asthma attacks) and cardiovascular disease, declines in lung function, changes to lung tissues and structure, altered respiratory defense mechanisms, and cancer, among others. (U.S. EPA 04196; 61 FR 65638.10) A recent article linked long-term exposure to combustion-related fine particulate air · u.s. Environmental Protection Agency, Air Quality Criteria for Particulate Matter, Report EPA/6001P-95-001aF through 00lcF, April 1996. 9 U.S. Environmental Protection Agency, Air Quality Criteria for Particulate Matter, Second External Review Draft, March 2001. 10 National Ambient Air Quality Standards for Particulate Matter: Proposed Decision, Federal Register, v. 61, no. 241, December 13, 1996, pp. 65638-65675. 1818-003. . . . . October 28, 2005 Page 19 pollution to cardiopulmonary and lung cancer mortality.ll Particulate matter is a non-threshold pollutant, which means that there is some possibility of an adverse health impact at any concentration. (See American Trucking u. EPA- Unjustified Revival of the Nondelegation Doctrine, 23-SPG Environs Envtl. L & Pol'y J. 17, 26.) This new information led the U.S. Environmental Protection Agency ("U.S. EPA') and the State of California to propose new ambient air quality standards for PM2.5. These standards are not subsets of the old PM10 standards, but new . 'standards for a separate pollutant with distinguishable impacts. The new annual PM2.5 standard of 12 J1g/m3 was adopted by the California Air Resources Board ("CARB") on June 20, 2002 and became effective on June 5, 2003, more than two years before the focused EIR was published. (Voting on the proposed 24-hour- average PM2.5 standard of 25 J1g/m3 has been deferred by CARB.12) At the same time, California lowered its annual PM10 standard from 30 J1g/m2 to 20 J1g/m3. (CARB 09/0513.) The focused EIR also failed to acknowledge this new, lower standard for PMlO. (Focused EIR, at Table 4-1.) Consequently, the focused EIR failed to accurately characterize the regulatory setting for the Project. E. The Focused EIR Fails To Analyze PM2.5 Emissions The focused EIR does not include an analysis of the Project's impacts on ambient air quality resulting from PM2.5 emissions. This is a significant and inexcusable omission because the South Coast Air Basin ("SoCAB"), where the Project is located, frequently does not meet the federal or State ambient air quality standards for PM2.5. The focused EIR should be revised to include an analysis of PM2.5 emissions from Project construction and operation and resulting impacts on air quality and human health. 11 AA Pope et al., Lung Cancer, Cardiopulmonary Mortality, and Long-term Exposure to Fine Particulate Air Pollution, JoUrnal of the American Medical Association, v. 287, no. 9, pp. 1132-1141. 12 California Air Resources Board (CARB) and Office of EnvirOnmental Health Hazard Assessment (OEHHA), Draft Proposal to Establish a 24-hour Standard for PM2.5, Public Review Draft, March 12, 2002. 13 California Air Resources Board, Review of the Ambient Air Quality Standards for Particulate Matter and.8ulfates, httn:llwww.arb.ca..-ov/researchlaaoslstd-rs/std-rs.htm. accessed October 26, 2005. 1818-003a . October 28, 2005 Page 20 F. The Focused EIR Failed To Include A Health Risk Assessment The focused EIR identifies several sensitive receptors in the vicinity of the Project, including residential developments surrounding the site; nine primary schools, two middle schools, and three high schools within two miles of the Project site; and two parks within two miles of the Project site. (Focused EIR, at p. 4-21.) Yet the focused EIR contains no health risk assessment analyzing the potential health risks for these sensitive receptors resulting from Project construction or operational emissions. Potentially adverse health impacts likely result from toxic air contaminant emissions, including PM2.5, from diesel combustion engines such as emissions from operation of the emergency generators and the diesel trucks that access the loading dock. The focused EIR should be revised to include a health risk assessment. G. The Focused EIR Underestimated Construction Emissions According to the focused EIR, significant impacts will continue after its . implementation of proposed mitigation measures for ROG and NOx. As discussed below, the focused EIR's air quality analysis considerably underestimates emissions from construction activities and thereby fails to adequately disclose impacts on air quality from Project construction. If these problems are corrected, emissions of CO and PMlO will likely also exceed applicable significance thresholds. H. The Focused EIR Employed An Incorrect Construction Period For Emissions Estimates The focused EIR indicates that construction of the Project will occur in five phases as summarized in the Table 1. (Focused EIR, at pp. 3-7 and 3-8.) 1818-003. . .. . . October 28, 2005 Page 21 Table 1: Project Construction Phases Phase IA Activity Grading Demolition of existing buildings Construction of 3-story, 60,000-square foot medical office building Construction of surface parkin~ Construction of I-story, 162,650.square foot main hospital structure Construction of 6-story, 122,755-square foot bed tower Construction of associated parkin~ Construction of 5-story. 122.755-sQuare foot bed tower Construction of 4"story, 8O,OOO-square foot medical office building Construction ot hospital connector Construction of I-story, lO,OOO-square foot cancer center Construction of associated parkinll: Construction of 8,000 square foot fitness center Construction of io~gin~ trail IB II III IV V" Period 10 months 14 months 12 months (II"V concurrent) Total 36 months Construction of all phases is projected to last a maximum of 36 months if the proposed construction phases (lA, IB, and II-V) are conducted subsequently. In contrast, the focused EIR's construction emissions estimates were based on a 60- month construction period, starting in January 2006 and terminating in December 2010. (Focused EIR, at p. 4-24, footnote to Table 4-5, and Appx. B, p. 2.) By stretching construction emissions over a period of 60 months rather than the actual proposed 36-month construction period, the focused EIR considerably underestimates maximum daily emissions and, thus, considerably underestimates air quality impacts" from Project construction. In fact, construction of the Project could even be shorter than 36 months because nothing in the focused EIR's language restricts the developer to the staggered construction phasing. If more than the specified construction phases would be conducted concurrently, even greater emissions would occur. The City relied upon the URBEMIS2002 model in assuming a construction buildout of 36 months and otherwise accepting all of the focused EIR's assumptions. Results are included in Exhibit 1 to Dr. Pless' comments. Maximum daily ROG emissions increase considerably from 224 lb/day to 344lb/day. Therefore, the focused EIR failed to disclose the magnitude of impacts associated with Project construction. The focused EIR must be revised to include a construction schedule 1818-003. . October 28, 2005 Page 22 showing the projected start of the various construction phases and their expected buildout. The focused EIR's air quality analysis must be corrected accordingly because, as currently drafted, it employs an incorrect construction period. I. The Focused EIR Assumes Unacceptable Model Default Values The focused EIR's construction emissions estimates largely l}ssume URBEMIS2002 default values, which may substantially underestimate the Project's real emissions. For example, the focused EIR assumes the default factor for average fugitive dust emissions from grading of 0.11 ton/acre-month. By accepting the default value for average conditions, the focused EIR fails to evaluate the potential worst case, as is customary for CEQA analyses. The default factor for worst-case condition is 0.42 ton/acre'month. Therefore, the focused EIR may have underestimated potential worst-case conditions during grading of the Project by a factor of almost four. Further, use of this default value is only suggested when no other information is available. Typically, for a Project of this size, the amount of cut/fill would also be known. . Another example is the assumption of 8 hours of construction per day. This assumption directly conflicts with the focused EIR's statement. that "construction activity will occur only between 6:30 A.M. and 6:30 P.M., Monday through Friday, and 7:00 A.M. and 6:30 P.M. on Saturday. (Focused EIR, at p.4-53.) Although the focused EIR makes this assertion, it should be noted that the document contains no enforceable restrictions on the hours of construction per day and, thus, construction may be conducted for more than the assumed 8 hours per day and more than the 12 hours per day claimed in the noise section of the document. This would considerably increase the potential daily emissions from the Project. The focused EIR must either contain an enforceable mitigation measure limiting the permissible hours of construction or it must adjust its emissions estImates accordingly. J. The Focused EIR Failed to Identify Fugitive Dust Emissions From Wind Erosion And Trackout The focused EIR indicates that grading of the entire 35.31-acre site will occur during Phase IA, exposing those portions of the site which will be developed in later phases (phase IB through V), to wind erosion for an extended period of thne. (Focused EIR, at p. 3-7.) The City relied upon the URBEMIS2002 emissions modeling to estimate Project construction emissions which includes fugitive dust . 1818-003. . . . October 28, 2005 Page 23 associated with grading, but does not account for wind erosion.14 Wind erosion can be a substantial contributor to fugitive dust from construction sites, particularly in summer-dry climates such as the SoCAB. Further, the URBEMIS2002 emissions modeling does not account for mud/dirt trackout from the site. Consequently, the focused EIR does not disclose the full impact of fugitive dust PMlO emissions from Project construction. Fugitive dust emissions due to wind erosion and trackout can be calculated using guidance developed by the U.S. Environmental Protection Agency ("U.S. EPA"). (AP-42, Sec. 13.2.516; EPA 450/3-88-008.16) The City must prepare a full EIR to include this analysis. K. The Focused EIR Failed To Properly Estimate Operational Emissions The focused ErR's air quality impact analysis underestimates operational emissions from the Project because it omits emission sources, uses inadequate trip , generation rates, and fails to include secondary emissions from electricity generation. The focused EIR finds total operational NOx emissions of 94.5 lb/day, only 5.5lb/day below the SCAQMD's significance threshold of 100 lb/day. This NOx significance threshold will likely be exceeded when taking into account the omitted emission sources, adequate trip generation rates, and secondary emissions from the Project. Similarly, PMlO emissions, currently estimated at 123 lb/day, may exceed the SCAQMD's significance threshold of 150 lb/day. As a result, the focused ErR fails to disclose and adequately mitigate significant impacts due to operational emissions of PM10 and NOx. . The focused EIR should be revised to address these issues and be recirculated for public review. 14 The URBEMIS2002 fugitive dust emissions estimates are based on a methodology developed for the SCAQMD by the Midwest Research Institute ("MRf'). (Software User's Guide: URBEMlS 2002 for Windows with Enhanced Construction Module, April 2005, p. A-6.) The MRI study specifically notes that the emission factors for fugitive dust emissions from construction activities do not include wind erosion or mud/dirt trackout from the site. (MRI; Improvement of Specific, Emission Factors, BACM Project No.1, Final Report, March 29, 1996, p. 4.1.) 15 Compilation of Air Pollutant Emission Factors, Volume 1: Stationary Point and Area Sources, Section 13.2.5, Industrial Wind Erosion, January 1995, corrected on April 13, 2001. 16 C. Cowherd, G.E. Muleski, and J.S: Kinsey, Control of Open Fugitive Dust Sources, EP A 450/3-88. 008, U.S. Environmental r "O;oo;:on Agency, Research Triangle Park, NC, September 1988. 1818-oo3a . October 28, 2005 Page 24 L. The Focused EIR Omitted Important Emission Sources The focused EIR's air quality impact analysis is based on emissions calculated with the URBEMIS2002 model. The model calculates area source emissions from traffic generated by the Project and emissions from natural gas usage, hearths, landscaping, consumer products, and architectural coatings and operational traffic emissions. The model does not include emissions from the helicopter, the three cooling towers, the two emergency generators, and the boilers. The Initial Study concluded that "[a]rea source emissions such as heaters, air condition units and other machines are not considered significant generator [sic] of emissions." (NOPlInitial Study, p. 7.) This conclusion is unsupported in the text of the focused EIR and appears to be speculation. Even if emissions from these sources were individually small, they may be cumulatively considerable and must therefore be included in the a full EIR concerning a Project emissions analysis. The combined emissions from the helicopter, the diesel generators and the . boilers, even if small, may result in exceedance of the NOx significance threshold. For example, typical NOx emissions for commercial light twin-engine helicopters17 are about 4.0 lb per landing and takeoff (''LTO''), bringing total NOx emissions from the Project within one pOUlld per day of the significance threshold. (OCS 10/041s, p. 6-17.) M. The Focused EIR's Failed To Identify Emissions From Natural Gas Usage The URBEMIS2002 model assigns gas usage rates to different land uses, e.g., residences, industrial, hotel/motel, and office, to calculate area source emissions from the use of gas-fired boilers, furnaces, hearths, etc. The model does not calculate emis~ions associated with natural gas usage at hospitals. The Project is intended to operate a number of, presumably natural-gas fired equipment-types, 17 The noise analysis stated that the exact model of helicopter to be used at the hospital has not been confirmed, but that the Bell 222 has been identified as a model that could potentially be used. The Bell 222, a frequently used helicopter model for emergency transports, is a commercial light twin- engine helicopter. . 18 R. Billings and D. Wilson, Data Quality Control and Emissions Inventories of OCS Oil and Gas Production Activities in the Breton Area of the Gulf of Mexico, Final Report, U.S. Department of the Interior, Minerals Management Service, Gulf of Mexico OCS Region, MMS 2004-071, October 2004. 1818-0030 . :. I. . October 28, 2005 Page 25 including boilers and heating/air conditioning equipment. Emissions from such equipment, which are likely consider<tble, are not included in the focused EIR's area emissions estimates for Project operations presented in Table 4-6. Because the focused EIR does not include these types of emissions analyses, the document is inadequate. N. The Focused EIR Used Incorrect Target Year Results To Underestimate Vehicle Emissions The focused EIR assumes 2010 as the target year for operational traffic emissions. Construction is assumed to start in January 2006 with a 36 month construction period. Therefore, the target year for operational emissions should be 2009, not 2010. Because vehicular emissions are assumed to decrease with every year, the calculated operational emissions for 2010 underestimate actual emissions at Project buildout, i.e. in 2009. Relying upon URBEMIS2002 for target year 2009 and otherwise assuming all of the focused EIR's assumptions, results are included as Exhibit 1 to Dr. Pless' comments. Emissions of ROG, NOx, and CO in 2009 are about 10% higher than for target year 2010. This results in NOx emissions exceeding the SCAQMD's quantitative daily significance threshold. This is a significant impact that was not disclosed in the focused EIR. O. The Focused EIR Underestimated Traffic Emissions The City's URBEMIS2002 air quality analysis uses default trip lengths to estimate emissions from Project-related traffic. These default trip lengths do not apply to traffic associated with a regional hospital. Trips associated with a regional hospital are typically longer and hence traffic emissions attributable to the Project are higher. In addition, ar, independent review ofthe focused EIR's traffic analysis found a considerable underestimate of traffic generated by the Project, which is not reflected in the URBEMIS2002 default assumptions for traffic. (See Brohard 10/0519.) Consequently, emissions associated with Project traffic are also underestimated. The" focused EIR's emissions estimates for Project traffic must be modified to reflect the Project's actual traffic characteristics. 19 Tom Brohard, Brohard and Associates, Letter to Gloria D. Smith, Adams, Broadwell, Joseph & Cardozo, Re: Review of Traffic Portions of the Temecula Regional Hospital Project Focused Environmental Impact Report in the City of Temecula, October 26, 2005. 1818-0030 . October 28, 2005 Page 26 P. The Focused EIR Failed to Include Secondary Emissions From Electricity Generation GEQA requires that an ErR identify direct and indirect significant effects of the project on the environment. (CEQA Guidelines Section 15126.2(a).) The Project will require a substantial amount of electricity, which generates so-called indirect or secondary emissions. The focused EIR mentions that air pollutant emissions will be generated due to the consumption of electricity and states that these regional emissions were calculated using emission factors from the SCAQMD's CEQA Air Quality Handbook. (Focused EIR, p. 4-24.) Yet the focused EIR fails to account for these emissions in its presentation of regional emissions associated with the operational phase ofthe Project. (Focused EIR, at p. 4-25, Table 4-6.) A considerable share of the electricity delivered to the SoCAB is generated by coal-fired power plants, which genenite substantial particulate matter andS02 emissions. The focused EIR should be revised to include emissions from electricity . generation. Q. The Focused EIR Failed To Identify Increased Ozone Fo~tion Due To Urban Heat Island Effect The Project would develop 35.31 acres of largely open grass-covered land. The focused EIR states that lot coverage will consist of approximately 16 percent building area, 30 percent parking area, and 33 percent landscape areas.20 (Focused EIR, at pp. 3-3 and 3-7.) The Project would add several buildings, parking lots, roads, and roofs, thus increasing the amount of existing blacktop. Black surfaces absorb about 85% to 95% of the sunlight that falls on them, becoming one of the hottest surfaces in urban areas. The hot surfaces of pavement and similarly dark roofs quickly warm the air over urban areas, leading to the creation of summer urban ''heat islands." On a clear summer afternoon, the air temperature in urban areas can be 2 F to 9 F hotter than the surrounding rural area. The elevated temperature increases cooling energy demand, accelerates the rate of smog production, and increases evaporative losses of organic compounds from gasoline tanks of vehicles parked over the hot surfaces. 20 The Site Plan provided in the Draft EIR suggests a considerably larger percentage of buildings and . parking spaces and lower perceutage of landscaped areas. (Draft EIR, p. 3-5, Figure 3-2.) 1818-003a I, , . I. . October 28, 2005 Page 27 Conversion of open, grass-covered land to build-out areas would increase local ambient temperatures, thereby contributing to the urban heat island effect and increasing the local formation of ozone. Thus, the urban heat island effect would exacerbate existing exceedances of the ozone standards in the Project vicinity. The SoCAB is not in compliance with either federal or State ozone standards. Thus, the Project would directly contribute to existing exceedances of the federal and State ozone standards, which is a significant impact. (See Kings County Farm Bureau v. City of Hanford (1990) 221 CalApp.3d 692) This is a significant impact that was not discussed in the focused EIR and is absolutely feasible to mitigate. R. The EIR Fails to Identify Important Water Quality Issues The Project site lies within the San Diego Basin, which encompasses Temeculli and the Santa Margarita Hydrologic Unit. (Focused EIR, at p. 4-32.) Murrieta Creek is a tributary to Temecula Creek and is located downstream of the Project. Significantly, the focused EIR failed to disclose that a twelve-mile segment of Murrieta Creek is listed on the State Water Resources Control Board's 303(d) list (pursuant to the federal Clean Water Act's section 303(d)) as an impaired water body for phosphorous pollution. 'The San'Diego Regional Water Quality Control Board has listed sources polluting the creek to include urban runoff and storm sewers, unknown nonpoint sources, and unknown point sources.21 The focused EIR omits from its hydrology analysis the potential for the Project to, add additional phosphorous pollution into Murrieta Creek, further impairing the creek's water quality in violation ofthe Clean Water Act. Additionally, an 18-mile portion of the Santa Margarita River, the primary drainage course within the Planning Area, is also listed as impaired for phosphorous from the same sources. The focused EIR states that Murrieta Creek is one of two main tributaries to the Santa Margarita River: ''The creeks drain the inland portion of the Santa Margarita River Basin and join with the Santa Margarita River at Temecula Canyon." (Focused EIR, at p. 4-32.) Again, the focused EIR omits from its hydrology analysis the potential for the Project to add additional phosphorous pollution into regional water bodies such as the Santa Margarita River, further. impairing its water quality in violation of the Clean Water Act. 21 (!lttn:/lwww. w"t.erbOllr(k~.a...ov/tmdlldocRl2002re.,.g303dlist. odD. 1818-003. . October 28, 2005 Page 28 The Regional Board's total maximum daily load criteria (''TMDL'') classified MUrrieta Creek as "low," nevertheless, the potential for additional phosphorous contamination from the Project should be evaluated in the a full DEIR. Urban runoff typically contains phosphorous as a main pollution component. Since potential exists for phosphorous contamination to travel downstream into the Santa Margarita River, further degrading its water quality, it is imperative that mitigation measures are included as specific best management practices ("BMPs") which describe how phosphorous contamination will be prevented from entering Murrieta Creek. Furthermore, the focused Em states that flooding of Murrieta Creek banks has occurred during times of heavy rain: "Frequent overtopping of the Murrieta Creek channel by floodwaters in a number of channel reaches, flood inundation of structures with attendant damages, and other water-related problems are caused during major rainstorms, resulting in increased emergency costs, automobile damage, and traffic disruption. Murrieta Creek has been altered since the late 1800s and has been channelized for flood control purposes since the 1930s. Restoration of the natural functions of the creek is planned, including the banks, channel invert, tributaries and floodplain." (City of Temecula General Plan, at p. 5.8- 3) . It is important that this flood potential be mitigated prior to development to protect water quality of Murrieta Creek and its tributaries. Flooding of the developed site can contribute urban contaminates to the creek, which include but are not limited to debris, oil, grease, herbicides, and nutrients from fertilizers such as phosphorous. Water quality omissions of this magnitude in a project level CEQA document are impermissible, and can only be remedied through circulation of a full ElR. S. The EIR Fails to Disclose The Fact That the Project Cannot Meet NPDES General Permit No. CAS000002 Requirements Applicants of construction projects disturbing one or more acres of soil are required to file for coverage under the State Water Resources Control Board ("SWRCB"), Order No. 99-0B-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002 for Discharges of Storm Water Runoff Associated with Construction Activity (General Permit). The proposed 1818-003a . . i. , , i. , , October 28, 2005 Page 29 Project is thus subject to the NPDES General Permit requirements. In addition, the General Permit requires the development and implementation of a Storm Water ,Pollution Prevention Plan (SWPPP). The SWPPP must contain: . a site map which shows the construction site perimeter; . existing and proposed buildings, lots, roadways, storm water collection and discharge points; . general topography both before and after construction; . drainage patterns across the project. In addition, any SWPPP must include BMPs the discharger will implement to protect storm water runoff. The focused EIR fails to analyze whether the proposed Project will meet the NPDES General Permit No. CAS000002 requirements. It likewise omits a discussion of storm water discharge and the adoption of a SWPPP. Finally the focused EIR does not include specific mitigation BMPs for both of the above- described requirements. With respect to post-construction, the focused EIR omits the discussion of post-construction stormwater BMPs as required in Sections A of any SWPPP in accordance with NPDES General Permit. Given post-construction adverse impacts on water quality associated with the Project's operation, such as anticipated water pollution due to increased traffic volumes, typical landscaping upkeep, and . equestrian uses of trails, discussion of post-construction storm water BMPs is critical to ascertain the effectiveness of these BMPs to mitigate such operational impacts and meet applicable water quality attainment objectives. Finally, the focused EIR omits the inclusion of water quality monitoring programs as required in Sections B of any SWPPP. This section of an NPDES permit requires that a SWPPP also include a sampling and analysis strategy, and sampling schedule for discharges from construction activities that directly impact water bodies listed on the Regional Water Quality Control Board's Section 303(d) impaired water bodies list for sedimentation. Since both Murrieta Creek and Santa Margarita River are listed on the Regional Board's 303(d) list as impaired for phosphorous, a full EIR should be prepared to include a monitoring plan for the establishment of baseline water quality conditions, prior to construction, to evaluate 1818-oo3a . October 28, 2005 Page 30 and validate the effectiveness of the BMPs, to measure the effectiveness of the BMPs and avoid further degradation of the impaired waterways. T. The EIR Contains an Inadequate Water Supply Assessment The focused EIR's water supply and impacts analysis fails to comply with the requirements ofCEQA, California Water Code section 10910, and S.B. ino. In essence, these legal requirements mandate that a local public water system, here the Rancho California Water District (RCWD), prepare a Water Supply Assessment (WSA) for new development proposals. The City attached a WSA to Appendix G of the focused EIR. However the assessment must be revised as it is insufficient -under SB 610 because it does not comply with the following S.B. 610 requirements: Groundwater - Basin Description, PWS Pumping, and Sufficiency Analysis 10910. (f) If a water supply for a proposed project includes groundwater, the following additional information shall be included in the Water Supply Assessment: , . (3) A detailed description and analysis of the amount and location of groundwater pumped by the public water system, or the city or county if either is required to comply with this part pursuant to subdivision (b), for the past five years from any groundwater basin from which the proposed project will be supplied. The description and analysis shall be based on information that is reasonably available, including, but rwt limited to, historic use records. (4) A detailed description and analysis of the amount and location of groundwater that is projected to be pumped by the public water system, or the city or county if either is required to comply with this part pursuant to subdivision (b) from any basin from which the proposed project will be. The City admits that additional water supply will come via local groundwater sources: "To accommodate future developments such as the Temecula Regional Hospital, the RCWD intends to meet supply planning issues through a combination of the following alternatives: (1) Continued practice of managing groundwater levels through natural and artificial recharge via groundwater extracted using existing and planned RCWD-owned wells. . . >> (Focused EIR, at p. 4-34) 1818-0030 . ,. i. . October 28, 2005 Page 31 However, the Project's WSA does not include a "detailed description and analysis" of the most recent groundwater usage, including source locations and pumped volumes for the past five years, nor does it provide a detailed description of projected water usage volumes, as mandated by points (3) and (4), above. Additionally, according to the WSA regarding groundwater volume: "The amount of groundwater which can be produced varies due to'such factors as rainfall, recharge area and amount and location of well pumping capacity." (yVSA, at p. 7) With respect to a drought with decreased surface wateI: flows, the WSA states: "increased groundwater extractions along with implementation of conservation and other measures" will make up the difference. This analysis is wholly inadequate because without calculated projected groundwater volumes, it is impossible for the City or RCWD to guarantee that groundwater will be an adequate and reliable source. A full EIR must quantify the range of variable groundwater volumes, and then evaluate the most conservative scenario to demonstrate quantitatively that water demand will still be achieved. Absent such an analysis, the whole WSA and groundwater discussion is inadequate. Accordingly, the City must prepare a full EIR that includes a proper WSA. U. The EIR Fails to Identify Important Traffic hnpacts The focused EIR, its Traffic Impact Analysis (TIA), and its Appendix D provide only a cursory analysis of the actual traffic and circulation impacts that result from the construction and operation of the City's hospital project. The City's most glaring traffic analysis deficiencies and omissions are enumerated below. First, flaws in the focused EIR's traffic analysis stem in part from the City's failure to properly calculate the phasing for the Project's construction. Regarding Project phasing, the focused EIR states: "Construction of the proposed project will occur in five phases. Phase IA consists of site grading, demolition of existing buildings, construction of a 3 story, 60,000 square foot medical office building (MOB #2), and construction of adequate surface parking to serve the building. Phase IA is anticipated to last approximately 10 months. 1818-0030 . October 28, 2005 Page 32 Phase IB consists of construction of the.one story main hospital structure comprising approximately 162,650 square feet and a 6-story tower of approximately 122,755 square feet, as well as parking associated with the structure and tower. Phase IB is anticipated to last approximately 14 months. Phase II will expand the hospital to its ultimate 320 bed configuration with the addition of the 5 story bed tower of approximately 122,755 square feet. Phase III will add a 4 story 80,000 square foot medical office building (MOB #1) and the hospital connector. Phase IV consists of construction of a one story, 10,000 square foot cancer center and associated parking spaces. Phase V will be construction of the 8,000 square foot fitness center and the jogging trail. . Construction of Phases II through V is anticipated to occur concurrently and to last approximately 12 months." (Focused EIR, at pp. 3-7 and 3-8) Such construction phasing, according to the focused EIR, will take 36 months. Importantly, however, it is likely that a number of months or years will pass between construction activities associated with each of the three major construction phases. Thus, the focused EIR does not properly evaluate baseline conditions in concert wit4 the phasing of construction for the proposed Project. The failure of the focused EIR to analyze traffic impacts associated with the major construction phases as well as buildout of the entire Project provides no assurance that implementation of mitigation measures will be linked to significant traffic impacts caused by the phased development of the Project. Next, the focused EIR's Traffic Impact Analysis and Appendix D contain the City's traffic analysis for the proposed Project. Unfortunately, these analyses include significant errors in the calculation of AM peak hour, PM peak hour, and daily trips that will be generated by the proposed Project. Use of average trip rates per hospital bed, together with the omission of all trips associated with the 10,000 . 1818-003. '. . !. October 28, 2005 Page 33 square-foot cancer center and the 8,000 square-foot fitness center, significantly imderstates the Project trip generation and the resulting traffic impacts. Based on these errors in trip calculations, major revisions to the focused EIR are required to address the significant impacts that the Project will have on traffic. The focused EIR must use the higher trip forecasts discussed below to properly identify the Project traffic impacts and develop appropriate mitigation measures. Until the City conducts a proper traffic analysis, trip forecasts are significantly below those that should have been calculated for the Project as follows: 1. The Project Will Provide Additional Parking Spaces On Site According to the focused EIR, "...the total parking spaces provided will be 1,278 which exceeds the City's parking standards which requires 663 parking spaces calculated for the hospital portion of the Project, for which the Development Code requires one space per 3 beds. The parking provided on the site exceeds the standards contained in the Development Code because the Code requirements do not adequately account for parking needs within the hospital associated with staff parking, outpatient services, and other needs within the facility. This is common in most jurisdictions, and hospital facilities often exceed minimum parking requirements for this reason." (Focused EIR, at p. 3-8 note 2.) Thus, the City's constructing nearly double the amount of parking spaces on site over the City requirements in its Development Code is a strong indication that the Project will generate more than the average number of vehicle trips, particularly since the site is not currently served by bus or other public transit. Likewise, the City's unrealistically low trip rates enumerated in its focused EIR do not provide a proper basis for analysis of reasonably foreseeable conditions associated with the City's intent to construct nearly double the parking spaces required by the its own Development Code. In addition, the low trip rates clearly do not provide an evaluation of the "worst case" condition. 2. The City Relied Upon A Low Trip Rate Per Hospital Bed Analysis The focused EIR relied upon a trip rate of 20 daily trips per hospital bed published by the San Diego Association of Governments (SANDAG) to develop its forecasts of daily, AM and PM peak hour trips. (Focused EIR, at section 4.6) For 1818-003a . October 28, 2005 Page 34 the initial phase with 170 beds, 3,400 daily trips including 272 trips in the AM peak hour and 340 trips in the PM peak hour were forecast. For the buildout of 320 beds, 6,400 daily trips including 512 trips in the AM peak hour and 640 trips in the PM peak hour were forecast. These unreasonably low trip generation forecasts for the 170 bed hospital and the 320 bed hospital were relied upon throughout the focused EIR. In addition to trip rates per bed, SANDAG has also published rates of 25 daily trips per 1,000 square feet for hospitals, with 8 percent of the daily trips in the AM peak hour and 10 percent of the daily trips in the PM peak hour. Applying the SANDAG trip rate per 1,000 square feet indicates the initial phase of the hospital building with 285,405 square feet will generate 7,140 daily trips including 570 trips in the AM peak hour and 710 trips in the PM peak hour. For the buildout of . 408,160 square feet, the hospital portion of the proposed project will generate 10,200 daily trips including 820 trips in the AM peak hour and 1,020 trips in the PM peak hour. With the additional parking provided on site and the absence of public transit services, the SANDAG trip rates per 1,000 square feet for the hospital . portion of the Project must be used to analyze and mitigate Project traffic impacts. Without such an analysis, the focused EIR's traffic impacts are artificially low. 3. All Trips from Cancer Center and Fitness Center Were Omitted The focused Em indicates that the Project will also include a 10,000 square foot cancer center and an 8,000 square foot fitness center. (Focused Em, at p. 3-4) The traffic analysis is also misleading because the focused Em fails to include the cancer center and fitness center in trip generation at buildout. (Focused Em, at Table 4-22 on p. 4-87) Instead, the focused Em diminishes the trip generation numbers forecasted for buildoutby only considering trips for a hospital containing 320 beds and 140,000 square feet of medical offices. This analysis is misleading and inaccurate because all trips associated with the cancer center and the fitness center were omitted from the focused Em's traffic analysis. A more reasonable calculation, for example, would include employing SANDAG data showing that, per 1,000 square-feet of hospital space, the 10,000 square-foot cancer center will generate 250 daily trips, including 20 trips in the AM peak hour and 25 trips in the PM peak hour. Also based on SANDAG data, per 1,000 square feet of hospital space, indicates the 8,000 square-foot fitness center will generate 200 daily trips including 16 trips in the AM peak hour and 20 trips in 1818-OQ3a . . :. i.. October 28, 2005 Page 35 the PM peak hour. An additional 450 daily trips including, 36 trips in the AM peak hour and 45 trips in the PM peak hour, from the cancer center and fitness center alone, is critical to an accurate analysis of Project trip generation forecasts, distributed to area roadway links and intersections, analyzed, and the resulting significant traffic impacts mitigated as necessary. Without this type of analysis, the focused Em's traffic analysis is fatally flawed. 4. ' Additional Phase I Project Trips Will Create Significant Traffic hnpacts Next, with respect to Phase I construction, the focused EIR incorrectly forecasts 3,400 daily trips with 272 trips in the AM peak hour and 340 trips in the PM peak hour for the 170 beds for Phase I. (Focused Em, at Table 4-21, p 4-81) A proper analysis of the Phase I hospital component indicates that the 285,405 square feet in Phase I will generate 7,140 daily trips including 570 trips in the AM peak hour and 710 trips in the PM peak hour. The 3,740 additional daily trips including 298 additional AM peak hour trips and 370 additional PM peak hour trips that will be generated by Phase I will significantly impact additional intersections and segments over and above those identified in the focused EIR. The focused Em iniproperlyomits all ofthese additional trips. These significant Phase I traffic impacts must be identified and mitigated as necessary to maintain the City's Level of Service (LOS) D standard. 5. Additional Buildout Trips Will Create Significant Traffic hnpacts For buildout, the focused Em incorrectly forecasts 6,400 daily trips, with 512 trips in the AM peak hour and ,640 trips in the PM peak hour for 320 hospital beds. (Focused Em, at Table 4-22, p. 4-87) A proper analysis indicates that the' 408, 160 square feet forecasted for buildout will generate 10,200 daily trips including 820 trips in the AM peak hour and 1,020 trips in the PM peak hour. Furthermore, 45Q daily trips including 36 trips in the AM peak hour and 45 trips in the PM peak hour will be generated by the 10,000 square foot cancer center and the 8,000 square foot fitness center. The 4,250 additional daily trips including 344 additional AM peak hour trips and 425 additional PM peak hour trips that will be generated by the Project will significantly impact additional intersections and segments over and above those identified in the focused Em. Clearly, the City greatly underestimated the actual daily trips that will be generated by the Project. 1818-003. . October 28, 2005 Page 36 A full EIR must address these significant traffic impacts for buildout, and must identify and mitigate these impacts in order to meet the City's LOS D standard. As the foregoing illustrates, the focused EIR fails to identify numerous potentially significant impacts. Unquestionably, substantial evidence exists in the record for this Project supporting a fair argument that significant Project impacts may occur. Accordingly, the City must complete and recirculate a full EIR in compliance with CEQA VI. THE CITY'S EIR FAILS TO INCORPORATE EFFECTIVE MEASURES TO MITIGATE ENVIRONMENTAL IMPACTS TO LESS THAN SIGNIFICANT A. The Focused EIR Must Describe Effective Mitigation Measures for Each Significant Environmental Impact An EIR must propose and describe mitigation measures sufficient to . minimize the significant adverse environmental impacts identified in the ElR. (CEQA sections 21002.1(a), 21100(b)(3).) Also, mitigation measures must be designed to minimize, reduce or avoid an identified environmental impact or to rectify or compensate for that impact. (CEQA Guidelines section 15370.) Where several mitigation measures are available to mitigate an impact, each should be discussed and the basis for selecting a particular measure should be identified. (Id. at section 15126.4(a)(1)(B).) A lead agency may not make the required CEQA findings unless the administrative record clearly shows that all uncertainties regarding the mitigation of significant environmental impacts have been resolved. The City's administrative record is clearly deficient with respect to mitigating the impacts in all of the affected resource areas. In particular, CEQA requires the lead agency to adopt feasible mitigation measures that will substantially lessen or avoid the Project's potentially significant environmental impacts (Cl!:QA sections 21002, 21081(a)) and describe those mitigation measures in the EIR. (CEQA section 21100(b)(3); CEQA Guidelines section 15126.4.) A public agency may not rely on mitigation measures of uncertain efficacy or feasibility. (Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692, 727 (finding groundwater purchase agreement inadequate mitigation measure because no record evidence existed that replacement water was available).) "Feasible" means capable of being accomplished in a successful mariner . within a reasonable period of time, taking into account economic, environmental, 1818.003. . . . October 28, 2005 Page 37 legal, social and technological factors. (CEQA Guidelines section 15364.) Mitigation measures must be fully enforceable through permit conditions, agreements or other legally binding instruments. ([d. at section 15126.4(a)(2).) Here, the focused Em lacks effective mitigation for the following categories of impacts: air quality, traffic, parking, and circulation, geologic hazards and water quality. Additional mitigation measures must be included and a full Em recirculated for public review. 1. The Focused EIR Does Not Provide Adequate Mitigation for Air Quality and Public Health Impacts The focused Em improperly defers the development of most of its mitigation plans into the future without specifying any performance measures, including: Location of the staging area for construction (AQ-1); Transportation Demand Management Plan (AQ-2; Landscape Plan (AQ-4); Watering Program (AQ-6); and Fugitive Dust 'Control Program (AQ-7). Further, severalofthe mitigation measures (e.g., temporary landscaping, clean fueled vehicles, construction equipment energy efficiency) required by the focused Em are worded ambiguously, e.g., "may require," "when feasible," or "reasonably possible," which renders them unenforceable as a practical matter. (Focused Em, at p. 4-26 to 4-29.) The focused Em must specify specific performance measures and reasons for rejection of these measures if found not feasible or ill"JH"Upriate. By the focused Em's own admission of "significant unavoidable impacts" and as demonstrated in the comments above, impacts from construction and operation of the Project remain significant after implementation of the focused Em's proposed mitigation measures. Therefore, the City must impose all feasible mitigation to mitigate these significant impacts, which it did not. The comments below discuss the specific inadequacies of the focused Em's proposed mitigation program and propose mitigation measures that should be implemented to lessen or eliminate the significant adverse effects of Project construction and operation. 1818.003a . October 28, 2005 Page 38 a. Additional Feasible Construction Mitigation The focused EIR [mds significant and unavoidable NOx emissions from the Project. (Focused EIR, at p. 4-29.) As discussed below, construction emissions are considerably underestimated, likely resulting in significant and unmitigated ROG, CO, and PMlO emissions beyond what is reported by the focused EIR. Likewise, there are numerous other relevant and reasonable fugitive dust and diesel exhaust mitigation measures contained in the CEQA Guidelines and rules for air districts and other agencies that should also be required for this Project to mitigate its 'significant construction impacts. b. Fugitive Dust Mitigation Measures Several agencies have conducted relevant and comprehensive studies of fugitive dust control measures to bring their region into compliance with national ambient air quality standards on PMIO. For example, the South Coast Air Quality Management District ("SCAQMD") has sponsored research, passed regulations (e.g., Rule 40322), and published guidelines that identify best management practices for controlling fugitive dusts at construction sites. The Rule 403 Implementation Handbook23 contains a comprehensive list of such measures, which should be incorporated into the Project's Fugitive Dust Control Plan. (See Focused EIR, at p. 4.27, Mitigation Measure AQ.7.) Clark County, Nevada, has also sponsored research, passed regulations (Rule 94), and published best management practices for controlling fugitive dust from construction activities.24 Clark County's Construction Activities Dust Control Handbook contains a comprehensive list of best . 22 South Coast Air Quality Management District, Revised Final Staff Report for Proposed Amended Rule 403, Fugitive Dust and Proposed Rule 1186, PMI0 Emissions from Paved and Unpaved Roads, and Livestock Operations, February 14, 1997. 23 South Coast Air Quality Management District, Rule 403 Implementation Handbook, January 1999. .. P.M. Fransioli, PMlO Emissions Control Research Sponsored by Clark County, Nevada, Proceedings of the Air &Waste Management Association's 94th Annual Conference & Exhibition, Orlando, FL, June 24-28, 2001. 1818-003. . . i. . October 28, 2005 Page 39 management practices.25 Similarly, Arizona has developed guidance to control fugitive PM10 emissions.26 Several of the measures included in these agency guidelines are feasible and therefore should be considered for adoption here under CEQA Guidelines ~~15126.4, 15091. Examples of such feasible mitigation measures are listed below: During clearing and grubbing, prewet surface soils where equipment will be operated; for areas without continuing construction, maintain live perennial vegetation and desert pavement; stabilize surface soil with dust palliative unless immediate construction is to continue; and use water or dust palliative to form crust on soil immediately following clearing/grubbing. (CCHD) Grade each phase separately, timed to coincide with construction phase or grade entire project, but apply chemical stabilizers or ground cover to graded areas where construction phase begins more than 60 days after grading phase ends. (Rule 403 Handbook) During initial grading, earth moving, or site preparation, projects 5 acres or greater may be required to construct a paved (or dust palliative treated) apron, at least 100 ft in length, onto the project site from the adjacent site if applicable. (BCAQMD) During cut and fill activities, prewater with sprinklers or wobblers to allow time for penetration; prewater with water trucks or water pulls to allow time for penetration; dig a test hole to depth of cut to determine if soils are moist at depth and continue to prewater if not moist to depth of cut; use water truck/pull to water soils to depth of cut prior to subsequent cuts; and apply water or dust palliative to form crust on soil following fill and compaction. (CCHD) For backfilling during earthmoving operations, water backfill material or apply dust palliative to maintain material moisture or to form crust when not actively handling; cover or enclose backfill material when not actively handling; mix backfill soil with water prior to moving; dedicate water 25 Clark County Department of Air Quality Management, Construction Activities Dust Control Handbook, March 18, 2003. 2. Arizona Department of Environmental Quality, Air Quality Exceptional and Natural Events 'Policy PM10 Best Available Control Measures, June 5, 2001. 1818-003. . October 28, 2005 Page 40 truck or large hose to backfilling equipment and apply water as needed; water to form crust on soil immediately following backfilling; and empty loader bucket slowly; minimize drop height from loader bucket. (CCHD)27 For large tracts of disturbed land, prevent access by fencing, ditches, vegetation, berms, or other barriers; install perimeter wind barriers 3 to 5 feet high with low porosity; plant perimeter vegetation early; and for long-term stabilization, stabilize disturbed soil with dust palliative or vegetation or pave or apply surface rock. (CCHD) Barriers with 50 percent or less porosity located adjacent to roadways to reduce windblown material leaving a site. (Rule 403 Handbook) In staging areas, limit size of area; apply water to surface soils where support equipment and vehicles are operated; limit vehicle speeds to 15 mph; and limit ingress and egress points. (CCHD) Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively . stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. (SJVUAPCD, ADEQ) For stockpiles, maintain at optimum moisture content; remove material from downwind side; avoid steep sides or faces; and stabilize material following stockpile-related activity. (CCHD) When materials are transported off-site, all material shall be covered, effectively wetted to limit visible dust emissions, or at least six inches of freeboard space from the top of the container shall be maintained. (BAAQMD, SJVUAPCD, Rule 403 Handbook, ADEQ, SLOCAPCD) Where feasible, use bedliners in bottom-dumping haul vehicles. (Rule 403 Handbook) Empty loader bucket slowly and minimize drop height from loader bucket. (CCHD) .7"The following acronyms are used in this listing of mitigation measures: ADEQ = Arizona Department of Environmental Quality; BAAQMD = Bay Area Air Quality Management District; BCAQMD = Butte County Air Quality Management District; CCHD = Clark County (Nevada) Health District; MBUAPCD = Monterey Bay Unified Air Pollution Control District; SBCAPCD = Santa Barbara County Air Pollution Control District; SJVUAPCD = San Joaquin Valley Unified Air Pollution Control District; SLOCAPCD = San Luis Obispo County Air Pollution Control District. 1818-0030 . . I :1 I i. ': ' :e October 28, 2005 Page 41 Clean wheels and undercarriage of haul trucks prior to leaving construction site. (CCHD) Gravel pads must be installed at all access points to prevent tracking of mud on to public roads. (SBCAPCD) Install and maintain trackout control devices in effective condition at all access points where paved and unpaved access or travel routes intersect. (CCHD) All roadways, driveways, sidewalks, etc., to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. (SLOCAPCD) Pave all roads on construction sites. (MBUAPCD) To prevent trackout, pave construction roadways as early as possible; install gravel pads; install wheel shakers or wheel washers, and limit site access. (CCHD, SLOCAPCD) While clearing forms, use single stage pours where allowed; use water spray to clear forms; use sweeping and water spray to clear forms; use industrial shop vacuum to clear forms; and avoid use of high pressure air to blow soil and debris from the form. (CCHD) Limit fugitive dust sources to 20 percent opacity. (ADEQ) Require a dust control plan for earthmoving operations. (ADEQ) Prior to land use clearance, the applicant shall include, as a note on a separate informational sheet to be recorded with map, these dust control requirements. All requirements shall be shown on grading and building plans. (SBCAPCD, SLOCAPCD) The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. (SBCAPCD, SLOCAPCD) Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take. corrective action within 24hrs. (BCAQMD, CCHD) While portions of some of these measures are included in the focused EIR's mitigation measures, the above measures are far more protective and should all be 1818-0038 . October 28, 2005 Page 42 required in the Project's Fugitive Dust Control Plan. All of these measures are feasible and various combinations of them are routinely required elsewhere to reduce fugitive PMlO emissions. Bee, for example, the fugitive dust control program for the Big Dig (Kasprak and Stakutis 200028), for the EI Toro Reuse focused EIR,29 and for the Padres Ballpark Final EIR. 30 c. Diesel Exhaust Mitigation Measures There are a number of additional mitigation measures that are routinely required as CEQA mitigation by air districts and other agencies in California for construction projects, (e.g., the mitigation programs routinely implemented by the SMAQMD and California Energy Commission ("CEC") decisions), including: Limiting the hours of operation of heavy duty equipment and/or the amount of equipment in use. (BAAQMD 12/99, p. 53); Conversion to cleaner engines; Use of cleaner (reduced sulfur) fuel; Add-on control devices, e.g., particulate traps, catalytic oxidizers; Buffer zone between facility and sensitive receptors; . Installation of high pressure injectors on diesel construction equipment; Restricting engine size of construction equipment to the minimum practical size; Electrification of construction equipment; 28 A. Kasprak and P .A. Stakutis, A Comprehensive Air Quality Control Program for a Large Roadway Tunnel Project, P.wcdlings of the Air & Waste Management Association's 93'" Annual Conference, June 18-22, 2000. 29 County of Orange, Draft Environmental Impact Report No. 573 for the Civilian Reuse ofMCAS EI Toro and the Airport System Master Plan for John Wayne Airport and Proposed Orange County International Airport, Draft Supplemental Analysis, Volume 1, April 2001, pp. 2-121 to 2.123. 30 City of San Diego, Final Subsequent Environmental Impact Report to the Final Master E...;"vumental Impact Report for the Centre City Redevelopment Project and Addressing the Centre City Community J?lan and Related Documents for the Proposed Ballpark and Ancillary Development Projects, and Associated Plan Amendments, V. IV. Responses to Comments, September 13, 1999, . pp. IV-2M to IV-256. ISI8-003. . . . October 28, 2005 Page 43 Substitution of gasoline-powered for diesel-powered construction equipment; Use of alternatively fueled construction equipment, using, e.g., compressed natural gas, liquefied natural gas, propane, or biodiesel; Implementation of activity management techniques including a) development of a comprehensive construction management plan designed to minimize the number of large construction equipment operating during any given time period; b) scheduling of construction truck trips during non-peak hours to reduce peak hour emissions; c) limitation of the length of construction work-day period; and d) phasing of construction activities; Installation of catalytic converters on gasoline-powered equipment, if feasible; Minimization of construction worker trips by requiring carpooling and by providing for lunch onsite; Lengthening of construction period during smog season (May through October), so as to minimize the number of vehicles and equipment operating at the same time; Utilization of new technologies to control ozone precursor emissions as they become available and feasible; Use electricity from power poles rather than temporary diesel power generators; and Emission offsets ifROG or NOx emissions exceed 6.0 tons/quarter. The following discusses the use and feasibility of construction equipment certified by CARB, post-combustion controls, and the use of PuriNOx, an alternative diesel formulation. i. CARB-certified Construction Equipment Both the U.S. EPA and CARB have established emission limits on new off-road engines. CARB-certified off-road engines are engines that are 3 years old or less at the time of use lmd which comply with these new low emission limits. This equipment is widely available in the construction fleet. The use of CARB- certified equipment should be required for this Project. 1818-oo3a . October 28, 2005 Page 44 For example, the SMAQMD and other agencies require the use of at least 20 percent CARB-certified off-road engines in the mix of construction equipment operating on-site, or alternatively, setting a NOx, ROG, and/or PM10 emission reduction goal for the construction fleet. A similar measure has been adopted by the Texas Natural Resour('e Conservation Commission ('TNRCC") for the Dallas/Fort Worth and Houston-Galveston areas. (Rennie et at. 2001.31) The Arizona Department of Environmental Quality ("ADEQ") has also recommended this measure to address the air quality problems in the Phoenix area. (ADEQ 11/9/00, pp. 19-24.) ii. Post-combustion Controls Post-combustion controls, such as oxidation catalysts and particulate filters, are devices that are installed downstream of the engine on the tailpipe to treat the exhaust. These devices are now widely used on construction equipment and are capable of removing over 90% of the PM10, CO, and ROG from engine exhaust, depending on the fuel and specific engine. The most common and widely used post- combustion control devices are particulate traps (i.e., soot filters), oxidation . catalysts, and combinations thereof. The many variants of these devices have recently been identified, evaluated, and comprehensively reviewed by CARB32 and others.33 The City should avail itself of these devices as most are commonly required as mitigation for construction emissions, which are similar to Project operations. The Massachusetts Turnpike Authority (''MTA'') implemented a voluntary program in the fall of 1998 which resulted in retrofitting 70 pieces of construction equipment with oxidation catalysts (Kasprak et al. 200134) at the "Big Dig," the massive, 5- 31'S.G. Rennie, L. Fiffick, D. Huckabay, and B. Ubanwa, Heavy Duty Diesel Engines Retrofit Programs as a Part of Houston SIP, Proceedings of the Air & Waste Management Association's 94th Annual Conference & Exhibition, June 24-28, 2001. 32 California Air Resources Board, Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel-Fueled Engines and Vehicles, October 2000; California Air Resources Board, Risk Management Guidance for the Permitting of New Stationary Diesel-Fueled Engines, October 2000. 33 Manufacturers of Emission Controls Association, Demonstration of Advanced Emission Control Technologies Enabling Diesel-Powered Heavy-Duty Engines to Achieve Low Emission Levels, Final Report, June 1999. .. A. Kasprak, G. Schattanek, and P.K Wan, Emission Reduction Retrofit Program for Construction Equipment of the Central Arteryfl'unnel Project, Proceedings of the Air & Waste Management Association's 94th Annual Conference & Exhibition, June 24-28, 2001. Also see: . www.ena.l!ov/OMR....;...EtJdocnment.....{l!dil!caseOJ.htm. accessed October 26, 2005. 1818-003. . . . October 28, 2005 Page 45 year, $10 billion-plus Central ArterylTunnel Project in Boston's North End and one of the largest infrastructure construction projects in the country. These controls have also been widely required to mitigate construction emissions in California. The CEC, which follows a CEQA-equivalent process in licensing of new power plants larger than 50 megawatts ("MW"), has required these devices on many projects. The Sunrise Power Project was recently constructed using this equipment.3s No problems were encountered. Several other 500+MW power plants have been licensed and constructed successfully using these controls, including High Desert36, Elk Hills37, Pastoria38, Western Midway-Sunset39, Mountain View,40 and Contra Costa,41 among others. (All of the CEC citing decisionS are posted at www.energy.ca.gov under the name of the individual facility.) Post-combustion controls have also been required as conventional CEQA mitigation in EIRs. The El Toro Reuse focused EIR42, page 2-124, AQ-11k and AQ- 111, required the use of particulate traps with a mininlUm 80% PMlO efficiency and selective catalytic reduction ("SeR") or comparable technology with a minimum 70% NOx reduction on all off-road construction equipment. The Stanford University 35 California Energy Commission, Commission Decision, Sunrise Power Project, December 2000, Condition AQ-C3, p. 120. 36 California Energy Commission, Commission Decision, High Desert Power Project, May 2000, ConditionAQ-3(o), p. 107. 37 California Energy Commission, Commission Decision, Elk Hills Power Project, December 2000, Condition AQ-C2(3), p. 123. 38 California Energy Commissio!1, Commission Decision, Pastoria Energy Facility, December 2000, Condition AQ.C3, p. 108. 39 California Energy Commission, Commission Decision, Western Midway Sunset Power Project, March 2001, ConditionAQ.C2, p. 114. 40 California Energy Commission, Commission Decision, Mountain View Power Project, March 2001, ConditionAQ-C2, p. 34. <1 California Energy Commission, Commission Decision, Contra Costa Unit 8 Power Project, May 2001, Condition AQC.2, p. 12. "County of Orange, Draft Environmental Impact Report, No. 573 for the Civilian Reuse ofMCAS EI Toro and the Airport System Master Plan for John Wayne Airport and Proposed Orange County International Airport, April 2001. 1818-003. . October 28, 2005 Page 46 General Use Permit Application focused Em43, page 4.11-10, AQ-1, required a range of measures to minimize diesel engine exhaust, including catalytic converters and particulate traps. The City of San Diego in the Padres Ballpark Final Em44 required the control of 95% of engine exhaust emissions, using, among others, oxidation catalysts, particulate filters, and ''Blue Sky" low-emission engines. Similarly, the Port of Oakland required the use of new engines or post-combustion controls on trucks serving its Vision 2000 expansion project. The Port's air quality mitigation program is now partially in place and has been very successful in reducing emissions.45 All of these post-combustion controls are feasible for construction of this Project. Therefore, a proposed Em should be prepared requiring the use of post- combustion controls on off-road equipment specifying target control levels. iii. PuriNOx Alternate diesel fuels exist that achieve PMlO and NOx reductions. PuriNOx . is an alternative diesel formulation that was verified by CARB on January 31, 200146 as achieving a 14% reduction in,NOx and a 63% reduction in PMlO compared to CARB diesel. It can be used in any direct-injection, heavy-duty compression ignition engine and is compatible with existing engines and existing storage, distribution, and vehicle fueling facilities. Operational experience indicates little or no difference in performance and startup time, no discernable operational differences, no increased engine noise, and significantly reduced visible smoke. (Hagstrand 6/0447.) .. Santa Clara County, Draft Environmental Impact Report, Em Stanford University Draft Community Plan and General Use Permit Application, June 23, 2000. 44 City of San Diego, Final Subsequent Environmental Impact Report, Ballpark and Ancillary Development Projects, and Associated Plan Amendments, September 13, 1999 and Draft Subsequent Em, May 12, 1999, , page IV-262, 18A89. 45 Port of Oakland, Summary Report #5, Vision 2000 Air Quality Mitigation Program, February 2002. .. Letter from Dean C. Simerotb, Chief, Criteria Pollutants Branch, to Thomas J. Sheahan, Lubrizol, Verification of Lubrizol Corp. PuriNOx Fuel, January 31, 2001, httn:llwww.srb.r.s...ov/fuel.tdieRAllaltdiesellaltdiARALbtm. s""ARsed ,June 18. 2004. .7 Personal communication, Petra PlesslPhyllis Fox with Hep Hepner, Ramos Oil Co., Dixon, CA, (916-371-3289, ext. 242) and Bill Hagstrand, Lubrizol (440-347-6592), March and June 2004. 1818-003. . . i. . October 28, 2005 Page 47 This fuel has been successfully used in heavy-duty off-road and on-road equipment, including by the Tri-Delta Transit Authority fleet in Contra Costa County, by the County of Sacramento at the Keifer Landfill and North Transfer station, in off-road construction equipment at very large residential construction projects in Sacramento, in truck fleets operated by Pacific Cement in San Francisco and Ramos Oil in Dixon, in yard hostlers at the Port of Long Beach, in off-road equipment operated by Hanson Aggregate in San Francisco, and in yard haulers at the Port of Houston. (Howes 4/0048 and Hagstrand 6/04.) Six yard tractors have been operating on PuriNOx at the Port of Houston since April 2000. The Texas Natural Resource Conservation Commission ("TNRCC'') has also approved PuriNOx fuel for funding under Texas Senate Bill 5. PuriNOx fuel is available from fuel distributor Chevron Texaco in Los Angeles and is competitively priced at a surcharge over regular diesel of about 10 cents per gallon.49 It has been required as mitigation for construction exhaust emission impacts. For example, the NASA Ames Development Plan focused Environmental Impact Statement, 50 page 4.4-34, requires "where reasonable and feasible, use alternative diesel fuels." See also construction exhaust mitigation in the Bickford Ranch Final EIR, page 1-24, requiring 10% to 20% NOx emission reductions to be achieved by both engine selection and fuel selection. (''Includes the use of emulsified fuel in non-certified engines...".) d. Additional Feasible Operational Mitigation The focused EIR concludes that after implementation of the proposed mitigation measures, emissions of CO and ROG from operation of the hospital and other on-site facilities will remain significant. The focused EIR states that "[e]ven with measures to encourage trip reduction and energy efficiency, emissions cannot be mitigated to below a level of significance" and concludes that "[l]ong-term air quality impacts will be significant and unavoidable." (Focused EIR, at p. 4-29.) Yet, the focused EIR imposes a total of only five mitigation measures that address operational emissions, specifically, AQ-2 incorporation and encouragement of .. P. Howes, An Evaluation of the Effects of PuriNOx™ on Exhaust Emissions from Yard Haulers at the' Port of Houston, April 2000. <. Personal communication, Petra Pless with Bill Hagstrand, Lubriwl (440-347.6592), June 21, 2004. 50 NASA Ames Research Center, NASA Ames Development Plan, Draft Programmatic Environmental Impact Statement, November 2001. 1818-003a . October 28, 2005 Page 48 ' Transportation Demand Management techniques (''TDM''); AQ-3 incorporation of energy efficiency standards for buildings; AQ-4 submission of a landscape plan; AQ- .16 enclosure and cover of refuse areas; and AQ-17 promotion of alternative transportation. (Focused EIR, at pp. 4-26 through 4-28.) By the focused EIR's own admission, these mitigation measures are insufficient to reduce the significant impacts from operational emissions to less than significance for CO and ROG, resulting in significant unmitigated impacts from Project operational emissions. (Focused EIR, at p. 4-29.) Further, the focused EIR considerably underestimates Project operational emissions of PMlO and NOx, which likely also exceed the SCAQMD's quantitative daily significance thresholds. The focused EIR does not contain any discussion why no additional mitigation measures were considered to reduce the Project's significant impacts on air quality. As discussed below, numerous other mitigation measures exist that are routinely required as CEQA mitigation and should have been required for the Project. For example, the Initial Study for the Project recommends the following two mitigation measures for emissions from Project operations that were not incorporated into the focused EIR: . Electrical powered equipment should be utilized in-lieu of gasoline- powered engines where feasible; and Prior to the issuance of a grading and building permit, the applicant shall submit verification that a ridesharing program for the construction crew has been encouraged and will be supported by the contractor via incentives or other inducements. (NOPlInitial Study, pp. 9-11.) e. Operational Traffic Mitigation Measures The following traffic mitigation measures are routinely required elsewhere to mitigate significant impacts from a project and should be required to mitigate the Project's significant NOx, ROG, and PM10 impacts: Encourage carpoollvanpool program; Provide on-site child care or contribute to off-site child care within walking distance; Provide preferential parking for carpoollvanpool vehicles; . 1818-003. . . . October 28, 2005 Page 49 Provide secure, weather-protected bicycle parking for employees; Provide direct safe, direct bicycle access to adjacent bicycle routes; Provide showers and lockers for employees bicycling or walking to work; Short-term bicycle parking for retail customers and other non-commute trips; Connect bicycle lanes/paths to city-wide network; Design and locate buildings to facilitate transit access, e.g., locate building entrances near transit stops, eliminate building setbacks, etc.; Construct transit facilities such as bus turnoutsfbus bulbs, benches, shelters, etc.; Provide shuttle service to food service establishments/commercial areas; Provide shuttle service to transit stations/multimodal centers; Implement parking fee for single-occupancy vehicle commuters; Implement parking cash-out program for non-driving employees; Provide direct, safe, attractive pedestrian access from project to transit stops and adjacent development; Implement compressed work week schedule; Implement home-based telecommuting program; Provide electric vehicle ("EV") and compressed natural gas ("CNG") vehicles in vehicle fleets; Install EV charging facilities; Install CNG fueling facility; Provide preferential parking locations for EVs and CNG vehicles; and Charge reduced or no parking fee for EVs and CNG vehicles; The Lent Ranch Final Ern,51 for example, requires most of these measures. The NASA Ames Development Plan focused Environmental Impact Statement 5. City of Elk Grove, Lent Ranch Marketplace, Draft Environmental Impact Report, for example Table 4.3-21, page 3.0-96, and Table 12-2, October 2000. 1818-003a . October 28, 2005 Page 50 ("EIS")52 would implement an aggressive transportation demand management program ("TDM") to reduce trip generation by at least 22 percent. The Stanford University focused Community Plan and General Use Permit focused EIR53 adopts all applicable Bay Area TDMs. The Bickford Ranch Specific Plan Final EIR54 requires that emissions be reduced by 40% by implementing many of these measures. The Old Greenwood Planned Development focused EIR55 requires, among others, paying an air quality mitigation fee to offset PMlO emissions from vehicle exhaust and re-entrained road dust to zero. Therefore, the above-listed measures should be assumed feasible unless otherwise demonstrated, and used by this Project to reduce traffic emissions to a less than significant level. f. Operational Area Mitigation Measures The City's General Plan contains the following two operational mitigation measures that are not required by the focused EIR: Optimize building sites and orientation to take advantage of shading and . windbreak trees and reduce fuel consumption for heating and cooling; and Design buildings to optimize natural lighting, provide for task lighting, and specific high-efficiency electric lighting. (General Plan, p. AQ-8.) In addition to the mitigation measures proposed by the focused EIR and contained in the City's General Plan, operational area emissions can also be mitigated by controlling other sources of emissions from the Project, including exhaust emissions from landscaping equipment, emissions from natural gas combustion for heating/air-conditioning, increased ozone production from the heat island effect, and indirect emissions from electricity generation. In addition, the CEQA Guidelines of other air districts identify numerous other feasible measures . 52 NASA Ames Research Center, NASA Ames Development Plan, Draft Programmatic Environmental Impact Statement, pp. 0-11 to 0-16, November 2001. 53 Santa Clara County, Draft Environmental Impact Report, Stanford Uriiversity Draft Commuriity Plan and General Use Permit Application, Table 4.11-6, June 23, 2000. 5. County of Placer, Bickford Ranch Specific Plan Final Environmental Impact Report, Section 8.3.2 and 8.4, November 13, 2000. 65 City of Truckee, Draft Environmental Impact Report, Old Greenwood Planned Development, pp. 4.5-10 to 4.5-13, February 2002. 1818-003. . '. . , ,. i I I '. October 28, 2005 Page 51 for commercial/industrial operations. Some ofthese additional measures, which are routinely required as mitigation in other EIRs56 include: Use electric lawn and garden equipment for landscaping (BAAQMD); Use electrically or CNG-powered specialty equipment; e.g., utility carts (BAAQMD); Use propane-powered specialty equipment, e.g., forklifts, utility carts, etc. (BAAQMD); Increase walls and attic insulation beyond Title 24 requirements (SLOAPCD57, SCAQMD58); Orient buildings to maximize standard heating and cooling (SLOAPCD) and include passive solar design, e.g., day-lighting (SCAQMD, SBAPCD59, BCAQMD60); Plant shade trees in parking lots to reduce evaporative emissions from parked vehicles (SLOAPCD, SCAQ~, SBAPCD, BCAQMD); Plant shade trees along southern exposures of buildings to reduce summer cooling needs (SLOAPCD, SCAQMD, SBAPeD); Use energy-efficient and automated controls for air conditioning (SCAQMD, BCAQMD); Use lighting controls and energy-efficient interior lighting (SLOAPCD, SCAQMD, SBAPCD, BCAQMD) and built-in energy-efficient appliances (SLOAPCD); Use double-paned windows (SLOAPCD, SCAQMD); .. For example: City of Elk Gro\e, Lent Ranch Marketplace, Draft Environmental Impact Report, Table 4.3-5, p. 3.0-96, October 2000; County of Placer, Bickford Ranch Specific Plan Final Environmental Impact Report, pp. 8.20 to 8.22, November 13, 2000; Sacramento County, East Franklin Specific Plan, Final Environmental Impact Report, Table ES-l; and Appendix D, February 2000; City of Truckee, Draft Environmental Impact Report, Old Greenwood Planned Development, pp. 4.5-10 to 4.5-13, February 2002. 57 San Luis Obispo Air Pollution Control District, CEQA Air Quality Handbook, August 1997. 58 South Coast Air Quality Management District, CEQA Air Quality Handbook, April 1993. 59 Santa Barbara Air Pollution Control District, Scope and Content of Air Quality Sections in Environmental Documents, September 1997. 60 Butte County Air Quality Management District, Indirect Source Review Guidelines, March 1997. 1816-003. . October 28, 2005 Page 52 Use energy-efficient low sodium parking lot and street lights (SLOAPCD, SCAQMD); Use light-colored roof materials (SCAQMD) and paint (SBAPCD) to reflect heat; Install solar coolinglheating (SBAPCD); Install solar water heater for at least 25% of the building floor area (BCAQMD); Substitute materials, e.g., use water-based paint (SCAQMD); Modify manufacturing processes, e.g., reduce process stages, closed loop- systems, materials recycling (SCAQMD); Install resource recovery systems that redirect chemicals to new production processes (SCAQMD); Use solar or low-emission water heaters (SCAQMD); Use centralized water-heating systems (SCAQMD, VCAPCD61); Use concrete or other non-pollutant materials for parking lots instead of asphalt (SBAPCD); . Pay an air quality mitigation fee; Secure emission offsets; Landscape with drought-resistant species, and use groundcovers rather than pavement to reduce heat reflection; Provide electric maintenance equipment; Use ozone-destruction catalyst on air condition systems; and Reduce standard paving by 20%. Further, some air districts recommend that large projects that cannot be fully mitigated with on-site measures, should implement off-site mitigation measures. For example: 6' Ventura County Air Pollution Control District, Ventura County Air Quality Management Plan, Appendix G-94, Guidelines for the Preparation of Air Quality Impact Analyses, October 1989. 1818-003. . / . I . , I. .. October 28, 2005 Page 53 Retrofit existing homes and businesses in the project area with approved energy conservation devices (SLOAPCD); Replacelrepower school/transit bus with cleaner vehicles (SLOAPCD); Construct satellite work stations (SLOAPCD); Fund a program to buy and scrap older, high-emission vehicles (SLOAPCD); Contribute to an off-site TDM fund (VCAPCD); Repair smog-check waived vehicles (SLOAPCD); Introduce electric lawn and garden equipment exchange program (SLOAPCD); and Retrofit/purchase clean heavy-duty trucks, construction equipment, diesel locomotives, and marine vessels (SLOAPCD). g. Mitigation For Urban Heat Island Effect A number of the above discussed mitigation measures will reduce the urban heat island effect. The feasibility of two of these measures, reduction of standard paving by 20% and use of Energy Star roof products, are discussed in the following comments in more detail. i. Reduction Of Standard Paving By 20% The heat island effect can be mitigated by reflecting the sunlight off the pavement before it heats up through use of lighter-colored, reflective pavement materials. These materials reduce the urban heat island effect, reducing the formation of ozone, and reducing evaporative emissions from vehicles that park on and use the pavement, thus reducing traffic emissions. This can be accomplished by using grass paving or reflective surfaces on unshaded parking lots, driveways, and fire lanes to reduce standard paving by 20%. This measure is widely used, technically feasible, provides air quality benefits, and is economic. There are a large number of options that can be used to comply with this measure, ranging from porous block pavement systems to conventional asphalt pavements using light aggregate, to conventional concrete pavements. Some are comparable in cost to conventional pavements and have added benefits besides reducing air quality impacts. 1818.003. . October 28, 2005 Page 54 ii. Use Of Energy Star Roof Products Most commercial and residential buildings have dark roofs. Dark roofs . absorb 80% to 90% of the incident sunlight, heating the roof and plenum space. Because the air distribution system is typically installed in the plenum space between the roof deck and the dropped ceiling over the finished interior space, this raises the summertime cooliiig demand. In addition, heating the roof heats the air that passes over the roof. Thus, the entire region around a dark roof becomes warmer, increasing the formation of ozone. As discussed above, dark roofs (and parking lots) quickly warm the air over urban areas, leading to the creation of summer urban "heat islands." The additional air conditioning demand created by this temperature effect is responsible for 5% to 10% of urban peak electric demand. The increased power demand leads to higher emissions from power plants. This increase in temperature causes a 10% to 20% increase in urban ozone, and in some cases, generates as much ozone as all on- . road motor vehicles.62 Measures to reverse the heat island effect include reflective roofs and pavements. Intercepting the sunlight before it heats a building keeps its surface cooler and reduces the heat flow into the building. This reduces the demand for air conditioning. This can be accomplished by using light-colored, reflective roofs. A light-colored roof can reduce the amount of energy needed for cooling by 20% to 70%, depending on the amount of insulation under the roof and design of the air ducting system. This is achieved by reflecting most of the energy, rather than absorbing it. The difference between the roof surface and ambient air temperatures may be as high as 90 F, while for reflective roofs, the difference is only about 18 F. This reduces peak cooling demand, cooling costs, the size of the HV AC system, and the rating and amount of insulation required in a building, and increases the lifetime of the roof. This also reduces air pollution by reducing the amount of extemal power that must be produced and the amount of ambient ozone that is formed in the vicinity of the development from the heat island effect. 62 Akbari H, Cool Roofs Save Energy, ASHRAE Transactions, v. 104, Pt. 1, 1998; Taha H, Modeling the Impacts of Large-Scale Albedo Changes on Ozone Air Quality in the South Coast Air Basin, Atmospheric Environment, v. 31, no. 11, 1997, pp. 1667-1676. 1818-003. . . , I. ,. October 28, 2005 Page 55 Normal asphalt-based roofing products typically have a reflectivity of 10% to 20%. Energy Star-labeled roof products are roofing products certified to achieve at least 65% reflectivity and to maintain a reflectivity of 50% under normal conditions for 3 years after installation. The program is sponsored by the U.S. EPA and the Department of Energy. There are currently over 115 manufacturers enrolled in the program. Reflective roofing is also recognized as an acceptable design option in the latest edition of the American Society of Heating, Refrigerating and Air- Conditioning Engineers ("ASHRAE") Standards 90,163 and 90.2 on energy-efficient buildings. Energy Star roof products are economical to apply and maintain and can be cheaper than or comparable to conventional roofing products, which cost from $1.50 to $2.50 per square foot installed.64 Cool roofs come in a variety of styles, including reflective coatings, reflective membranes, or metal roofs made of galvanized or other coated metal. Coatings have a consistency of thick paint and cost from $0.75 to $1.50 per square foot installed. Membranes are single-ply, pre-fabricated sheets applied in a single layer, typically made of PVC (poly vinyl chloride), TPO (tripolymer olefin), Hypalon, or CPA (copolymer alloy) and cost from $1.50 to $3.00 per square foot. A reflective roof can be installed or applied over almost any type of roof material, including directly on a plywood deck in place of asphalt. The performance of reflective roofing materials has been extensively documented. At a single family residence in Sacramento, increasing the reflectivity of the roof from 18% to 79% by painting with a white coating reduced the cooling energy use over the June to October period by 66% and the peak power by 17%. At a one-story school in Sacramento, increasing the reflectivity of the roof from 8% to 68% by painting with a white coating reduced the cooling energy use over the June to October period by 34% and peak power by 32%.65 In another Sacramento study, daily air conditioning savings of 17%, 26%, and 39% were documented in an office, museum, and hospice with high reflectivity roofs.66 .. American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc., Energy Standard for Buildings Except Low-Rise Residential Buildings, Standard 90.1-1999. 54 R.S. Means, Square Foot Costs, 21" Ed, 2000, Division 5, Roofing. 65 H. Akbari, S. Bretz, D. Kurn, and J. Hanford, Peak Power and Cooling Energy Savings of High- Albedo Roofs, Energy and Buildings, v. 25, 1997, pp. 117-126. 66 E.W. Hildebrandt, W. Bos, and R. Moore, Assessing the Impacts of White Roofs on Building Energy Loads, ASHRAE Technical Data Bulletin, v. 14, no. 2, 1998. ISlS-003. . October 28, 2005 Page 56 At a one-story, 31,700-square foot Kaiser medical office building in Davis, increasing the reflectivity of an R-19 flat roof from 24% to 60% reduced summertime average weekday air conditioning by 18%. At another one-story, 23,800-square foot Kaiser medical office building in Gilroy, increasing the reflectivity of an R-7 flat roof from 25% to 65% reduced the summertime average weekday air conditioning by 13%. At a 33,000-square foot drug store in San Jose, increasing the reflectivity of a foil barrier flat roof from 18% to 28% reduced the summertime average daytime air condition by 2%.67 Reflective coatings reduced cooling energy costs by 12% to 18% in two other commercial buildings in California.68 The reflectivity of a conventional unsurfaced galvanized corrugated metal roof of seven retail stores in a strip mall in Florida was increased from 29% to 75% with a white coating. This reduced the summer space cooling energy use by 25%, with a range in savings of 13% to 48%, depending on the temperature maintained in the shops. Those maintaining the lowest interior temperatures saved the least on a percentage basis. The cost of the application was . $0.53/ft2 with a payback period of about 9 years.69 In nine Florida homes, daily air conditioning energy use was reduced by 2% to 43% and peak demand was reduced by an average of 22%. The amount of energy savings was inversely correlated with the amount of ceiling insUlation and duct system location, with the largest savings in poorly insulated homes and those with duct systems in the attic space and smaller savings in well-insulated homes.7o A high-reflective coating on an office building in Mississippi reduced cooling energy demands by 22%.71 In addition to field studies, computer simulations of reflective roofs have documented cooling .7 H. Akbari, L. Gartland, and S. Konopacki, Measured Energy Savings of Light-Colored Roofs: Results from Three California Demonstration Sites, Proceedings of the 1998 ACEEE Summer Study on Energy Efficiency in Buildings, v. 3, no. 1, 1998. 68 S. Konopacki, H. Akbari, L. Gartland, and L. Rainer, Demonstration of Energy Savings of Cool Roofs, LBNL Report 40673, 1998. 6. D. Parker, J. Sonne, and J. Sherwin, Demonstration of Cooling Savings of Light Colored Roof. Surfacing in F10rida Commercial Buildings: Retail Strip Mall, F10rida Solar Energy Center Report FSEC-CR-964-97, 1997; www.fsoc.ucf.eduIBldglpubsonline.htm. 70 D.S. Parker and others, Measured and Simulated Performance of Reflective Roofing Systems in Residential Buildings, ASHRAE r.__hJ.ings (Winter Meeting), Atlanta, GA, 1998; www.fsec.ucf.eduIBldglpubsonline.htm. 71 C. Boutwell and Y. Salinas, Building for the Future - Phase I: An Energy Saving Materials Research Project, Mississippi Power Co., Rohm and Haas Co and the University of Mississippi, 1986. 1818-003. . . I I. '. October 28, 2005 Page 57 energy savings in residential and commercial buildings.72 Cool roofs have been widely used in California, including on the American Airline airport terminal in San Jose, on control towers at the Stockton and Palmdale airports, at the 300,000- square foot Honda distribution warehouse in Stockton, the 200,000-square foot JC Penny warehouse in Buena Park, and numerous buildings in Silicon Valley. Thus, this measure would save a substantial amount of money over the life of the Project and would cost no more than a standard roof. Further, it would reduce pollution by reducing the generation of power and the formation of ozone from the heat island effect. In sum, there are many additional feasible measures that should be evaluated and required for this Project. The focused EIR should be revised to include these additional measures and be recirculated for public review. 2. The Focused EIR Does Not Provide Adequate Mitigation for Significant Traffic Impacts The City acknowledges that there will be significant traffic impacts associated with development of Phase I of the proposed project. (Focused EIR, at p. 4-86) For example, the AM peak hour at Highway 79 SouthlRedhawk ParkwaylMargarita Road is a particular problem. Yet, the City takes no affirmative steps to mitigate this issue. Instead, the focused EIR states, ''Mitigation measures are required to reduce the level of impact" (Focused EIR, at p. 4-86), but the City neglected to actually identify real measures to mitigate these traffic impacts. An adequate EIR requires the City to identify near-term mitigation measures for this intersection. Next, the focused EIR points to four primary mitigation measures for project buildout. (Focused EIR, at pp. 4-93 and 4-94) For two ofthe four, mitigation will be achieved by paying fees to Riverside County for impacts at the 1-15 Interchange with Highway 79 South, or by paying the Project's fair share of the cost of the improvements at six other intersections. These are hollow and totally inadequate. 12 See, for example: H. Akbari, S. Konopacki, C. Eley, B. Wilcox, M, Van Geem and D. Parket, Calculations for Reflective Roofs in Support of Standard 90.1, ASHRAE Transactions, v. 104, no. 1, 1998, pp. 984-996; L. Gartland, S. Konopacki,and H. Akbari, Modeling the Effects of Reflective Roofing, ACEEE 1996 Summer Study on Energy Effici,mcy in Buildings, v. 4, 1996, pp. 117-124. 1818-oo3a . October 28, 2005 Page 58 For the other two mitigation measures, the Focused Em recommends that Temecula Regional Hospital construct the associated mitigation measures. All adequate traffic impact mitigation measures must be achieved through actual implementation of real mitigation measures, not payments or fees. Payment offees to Riverside County or payment of the Project's fair share of improvements to the City does not guarantee that these mitigation measures will ever be implemented. Until improvements are actually in place, Project traffic impacts must be considered as "significant" rather than ''less than significant." Finally, the focused Em must include a mitigation-monitoring program that clearly identifies financing, scheduling, implementation responsibilities, and lead agency monitoring to achieve actual mitigation of these significant impacts. A full Em must include these measures. B. The Focused EIR Does Not Include All Feasible Mitigation Measures Before Concluding That The Impacts Are Unavoidable, Relying Instead Upon A Statement of Overriding Considerations . A lead agency may not conclude that an impact is significant and unavoidable without 'requirip.g the implementation of all feasible mitigation measures to reduce the impact to less than significant levels. (CEQA Guidelines sections 15126.4, 15091.) When the agency is unable to provide a specific mitigation measure, CEQA requires the articulation of performance criteria at the time of project approval. (Sacramento Old City Association v. City Council of Sacramento (1991) 229 Cal.App.3d 1011, 1028-1029.) With respect to the focused Em, CEQA Guidelines specify that a lead agency must make a "fully informed and publicly disclosed" decision that "specifically identified expected benefits from the project outweigh the policy of reducing or avoiding significant environmental impacts of the project." (CEQA Guidelines section 15043(b).) An agency must "state in writing the specific reasons to support its action based on the final Em and/or other information in the record" and must include the statement of overriding considerations in the record of the project approval and refer to it in the notice of determination. (CEQA Guidelines sections 15093(b)(c).) A revised and recirculated Em must show that the City required all feasible mitigation measures and full articulation of performance criteria before issuing a statement of overriding considerations. 1818-oo3a . .. i. . October 28, 2005 Page 59 1. The City Failed to Provide Specific and Adequate Measures To Mitigate Significant Traffic Impacts The focused Em fails to adequately discuss potentially significant impacts, and fails to develop mitigation measures associated with the following topics: First, the focused Em must analyze and evaluate impacts associated with construction including dirt and building material hauling, worker traffic, and worker parking for each of the three major phases. Measures must be developed and incorporated into the focused Em to mitigate construction traffic impacts. These measures must maintain the City's LOS D standard as defined on Pages 4-69. and 4-70 of the focused Em so construction traffic does not degrade the LOS below the significance threshold used in the focused Em. Second, according to the focused EIR, there has been communication between the Riverside Transit Authority (RTA) and the City indicating that, "...future bus service is highly likely along SR 79.and that the busses will be stopping at the proposed hospital. The City has expressed previous support for the concept of a bus turnout and related amenities along SR 79 to be installed by the project sponsors." Providing public transit to the Project presents significant mitigation to project impacts. Yet, the focused Em simply fails to address the request for a bus turnout from RTA. Likewise, the focused Em fails to quantify the demand for new transit services that the Project will create, and fails to provide any transit mitigation measures such as financial contributions to help establish new transit service along Highway 79 South. A full Em must include public transit as feasible mitigation to the Project impacts. Third, the City fails to fully and adequately address parking impacts. For example, the focused Em states, "Approximately 1,278 parking spaces will be , provided on surface lots." (Focused EIR, at p. 1-4) As previously indicated, the focused EIR characterizes the proposed parking as being significantly above the requirements of the City's Development Code. ([d. at p. 3-8) However, the document neglected to review and analyze the amount of parking being proposed on site. Instructive to this analysis is the publication Parking Generation, 3rd Edition, published by the Institute of Transportation Engineers (ITE). This authority contains parking data for various land uses including hospitals and medical office buildings. For suburban hospitals like the Project, the average peak parking 1818-003. . October 28, 2005 Page 60 demand is identified at 4.72 vehicles per bed. To satisfy this demand, at least 1,510 parking spaces would be needed for the 320 hospital beds in the proposed project. For medical offices, the average parking supply is identified as 3.9 spaces per 1,000 square feet. To meet this, at least 616 parking spaces would be needed for the 140,000 square feet of medical offices, the 10,000 square foot cancer center, and the 8,000 square foot fitness center in the proposed project. Based on the data published by ITE, at least 2,126 parking spaces are required to meet the needs of the Project, significantly higher than the 1,278 parking spaces being proposed. Clearly, parking proposed for the Project is inadequate. A full EIR must analyze actual parking needs for the Project. Finally, with respect to parking, the focused EIR fails to analyze impacts associated with providing all parking on site as surface parking. Given that the Project has an overall parking shortage of 850 spaces, and given that over 30 percent of the Project site will be occupied by surface parking, the City must consider building a parking structure to reduce environmental impacts in other areas and to avoid impacts to rock outcrops and trees on the site. . C. The Focused EIR Employs An Incorrect Baseline, Thereby Skewing The Impact Analysis The environmental setting establishes the baseline physical conditions against which a lead agency can determine whether an impact is significant. (CEQA Guidelines ~ 15125(a).) Under CEQA, an EIR must include a description of the physical environmental conditions in the vicinity of the project, as they exist at the time the Notice of Preparation is published, from both a local and regional perspective.73 (Id.) Knowledge of the regional setting is critical to an assessment of environmental impacts. (!d. at ~ 15125(c).) The importance of having a stable, finite, fixed baseline for purposes of an environmental analysis was recognized decades ago in the case of County of Inyo u. City of Los Angeles (1977) 71 Cal.App.3d 185. The recent case of County of Amador us. El Dorado County Water Agency (1999) 76 Cal.App. 4th 931 provides a comprehensive exegesis concerning baseline water condition and held the EIR must focus on impacts to the existing environment, not hypothetical situations. (Id., 76 Cal.App.4th at 954.) The presentation of baseline information must be sufficiently 73 According to the DElli, page 5, the Notice of Preparation for this Project was published in Februaiy 2002. 181s.oo3a . . . . October 28, 2005 Page 61 detailed to make further analysis possible. (Id.) In short, it must provide not only raw data but also analysis. (Id., 76 Cal.App.4th at 955; See Environmental Planning & Information Council v. County of El Dorado (1982) 131 Cal.App.3d 350, 355 (holding that an Em should inventory and address the environment as it actually existed, not as it was proposed to be under the old General Plan).) "[T]he impacts ofthe project must be measured against the 'real conditions on the ground.m (Save Our Peninsula Committee v. Monterey Board of Supervisors (2001) 87 Cal.App.4th 99, 121.) While the absence of information in an EIR does not per se constitute a prejudicial abuse of discretion, "a prejudicial abuse of discretion occurs if the failure to include relevant information precludes informed decision-making and informed public participation, thereby thwarting the statutory goals oftheEm process." (Berkeley Keep Jets Over the Bay Committee v. Board of Port Commissioners (2001) 91 Cal.App.4th 1344, 1355.) Here, the focused Em does not correctly describe the existing physical conditions related to traffic and geologic setting. 1. Inadequate Description of the Traffic Setting According to the focused EIR, "Existing peak hour manual intersection counts were conducted during the traditional weekday AM (7:00 - 9:00) and PM (4:00 - 6:00) peak hours on March 23, 2004. (Focused EIR, at p. 4-72). Supplementary counts were obtained in July of 2005 for the traffic study Addendum." (Id. at p. 4-76) Also, "The current levels of service for study intersections and roadway segments were calculated based upon traffic counts and current intersection and roadway configurations." The focused Em indicates the peak hour traffic counts were made on March 23, 2004, for all intersections. Also, the City then made capacity calculations by using the traffic volumes from these March 2004 traffic counts. This approach ignores the significant traffic volume increases that have occurred with the rapid growth and development withID. and adjacent to the study area. The values obtained were then used in the focused Em to represent baseline conditions at the time of the Notice of Preparation (NOP). Page 10 of the Addendum states "Existing Average Daily Traffic (ADT) volumes and intersection counts were conducted by LLG in July 2005. In addition, traffic counts were also obtained from the Temecula Medical Center report. -Appendix A contains the existing traffic volumes." This data indicates that peak 1818-003. . October 28, 2005 Page 62 hour traffic counts were made on July 7, 2005 only for the intersection of Margarita Road and Dartolo Road, with the March 2004 traffic counts included for the other two intersections studied in the Addendum. The traffic counts on Thursday, July 7, 2005, were taken during the week with the July 4 Independence Day holiday. These traffic counts do not properly represent normal weekday conditions with the national holiday on Monday of that week, with summer vacations, and with schools closed for the summer months. In short, all of this data grossly underestimates true traffic capacity. Next, the City made capacity calculations by directly using the traffic volumes from the March 2004 traffic counts and the holiday week counts. This approach ignores the significant traffic volume increases that have occurred with the rapid growth and development in and adjacent to the study area, and provides unreliable data for the holiday week. The capacity calculation values in the focused EIR do not represent baseline conditions at the time of the NOP. The NOP was released on August 3, 2005. (Focused EIR, at p. 2-2) CEQA . requires evaluation of the existing conditions at the time of the NOP because timely information is essential to an accurate and complete impact analysis. Traffic counts made in March, 2004 at the eight intersections in the TIA do not represent baseline conditions in 2005. Traffic counts at Margarita Road and Dartolo Road taken during the summer week that included the Independence Day holiday are unreliable. New traffic counts must be made at all study intersections and all calculations and subsequent analysis must be redone to properly analyze traffic impacts of the Temecula Regional Hospital Project. With one exception, existing traffic volumes counted at study intersections reflect traffic conditions, as they existed in 2004. (Focused EIR, at p. 4-81) To account for traffic volumes from other development projects and to include continuing traffic volume increases year after year due to project construct phasing, existing volumes are expanded by an annual growth factor ranging from one to three percent annually. (fd.) To proper.1Y evaluate buildout conditions, traffic studies must include an appropriate annual growth factor plus traffic volume projections from approved near term land development projects. The focused EIR states, 'To assess opening year and buildout traffic conditions, two approaches were used. In the November 2004 traffic study, a 4 percent growth factor was added to existing traffic volumes and then 17 cumulative . projects were added." (Focused EIR, at p. 4-81) The focused EIR's analysis is 1818-0030 . I. . October 28, 2005 Page 63 flawed because the capacity calculations for project buildout failed to include a growth factor to the March 2004 traffic counts with one exception. (Appendix B) For the analysis of conditions in the AM peak hour at SR 79 and La Paz Street, a 4 percent growth was included to account for the traffic volume increases from small developments and annual traffic growth. This 4 percent growth factor does not appropriately expand the baseline traffic volumes to the buildout horizon year for the entire Project. In addition, the capacity calculation sheets for the PM peak hour analysis at SR 79 and La Paz Road and for all ofthe other intersections do not include any growth factor in the analysis of buildout conditions for the Project. This flawed approach does not properly reflect linnual traffic volume growth essential to an accurate buildout baseline for traffic volumes. The focused EIR neglects to identify the expected timing of completion of each of the three major Project construction phases, as well as the buildout horizon for the entire Project. (Focused EIR, at pp. 3-7 and 3-8) Such an analysis provides no assurance that implementation of mitigation measures will be linked to significant traffic impacts caused by the phased development of the Project. The following two significant omissions in the focused EIR bear directly on the traffic analysis, causing it to be inaccurate and incomplete as follows: First, to account for traffic volumes from small development projects and to include continuing traffic volume increases year after year, existing volumes are expanded by an annual growth factor ranging from one to three percent annually. Second, to properly evaluate near term conditions, traffic studies must include an appropriate annual growth factor plus traffic volume projections from approved near term land development projects. Instead, according to the focused EIR, ''To assess opening year and buildout traffic conditions, -two approaches were used. In the November 2004 traffic study, a 4 percent growth factor was added to existing traffic volumes and then 17 cumulative projects were added." (Focused EIR, at p. 4-81) However, near term capacity calculations in Appendix B indicate that a no growth factor was applied to the March 2004 traffic counts with one exception. For the analysis of near term conditions in the AM peak hour at SR 79 and La Paz Street, a 4 percent growth was included to account for annual traffic growth. But, the capacity calculation sheets for the PM peak hour analysis at SR 79 and La Paz Road and for all of the other intersections do not include any &<v" ~h factor in the analysis of near term conditions for Phase I of the Project. The focused EIR's flawed approach does not properly reflect annual traffic volume &< v" ~h. This information is required for 1818.oo3a . October 28, 2005 Page 64 accurate near term baseline traffic volumes. A full EIR must be circulated containing this information. The focused EIR failed to evaluate the Project traffic impacts at the conclusion of each Project phase. Accordingly, it is impossible to determine the point in time at which the multi-phased Project will cause the Level of Service (LOS) at impacted intersections to deteriorate to an unacceptable level. Project phasing assumptions in the traffic analysis must match project phasing in the focused EIR so mitigation measures can be implemented in a timely manner to maintain the City's LOS D standard. (Focused EIR, at pp. 4-69 and 4.70) A full EIR must include aIinual growth of the 2004 traffic counts for both AM and PM peak hours at all intersections. The traffic analysis must also disclose significant traffic impacts and associated mitigation measures at the completion of each of the three major phases of the Temecula Regional Hospital. VII. CUMULATIVE IMPACTS ARE SIGNIFICANT AJ'lD UNMITIGATED An EIR must discuss sigIDflcant "cumulative impacts." (CEQA Guidelines section 15130(a).) This requirement flows from CEQA section 21083, which requires a finding that a project may have a significant effect on the environment if "the possible effects of a project are individually limited but cumulatively considerable. . . . 'Cumulatively considerable' means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable futUre projects." "Cumulative impacts" are defined as "two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts." (CEQA Guidelines section 15355(a).) "[I]ndividual effects may be changes resulting from a single project or a number of separate projects." (CEQA Guidelines section 15355(a).) . 'The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present, and reasonably foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time." (Communities for a Better Environment v. Cal. Resources Agency (2002) 103 Cal.App.4th 98, 117.) A legally adequate "cumulative impacts analysis" views a particular project over time and in conjunction with other related past, present, and reasonably foreseeable probable future projects whose impacts might compound or interrelate with those of the 1818-003. . . . . October 28, 2005 Page 65 project at hand. "Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time." (CEQA Guidelines section 15355(b).) As the court recently stated in Communities for a Better Environment v. California Resources Agency, 103 Cal. App. 4th 98, 114 (2002): Cumulative impact analysis is necessary because the full environmental impact of a proposed project cannot be gauged in a vacuum. One of the most important environmental lessons that has been learned is that environmental damage often occurs incrementally from a variety of small sources. These sources appear insignificant when considered individually, but assume threatening dimensions when considered collectively with other sources with which they interact. (Citations omitted). In Kings County Farm Bureau v, City of Hanford, 221 Cal.App.3d at 718, the court concluded that an EIR inadequately considered an air pollution (ozone) cumulative impact. The court said: 'The []EIR concludes the project's contributions to ozone levels in the area would be immeasurable and, therefore, insignificant because the [cogeneration] plant would emit relatively minor amounts of [ozone] precursors compared to the total volume of [ozone] precursors emitted in Kings County. The EIR's analysis uses the magnitude ofthe current ozone problem in the air basin in order to trivialize the project's impact." The court concluded: "The relevant question to be addressed in the EIR is not the relative amount of precursors emitted by the project when compared with preexisting emissions, but whether any additional amount of precursor emissions should be considered significant in light of the serious nature of the ozone problems in this air basin."74 The Kings County case was recently reaffirmed in CBE v. CRA, 103 Cal.App.4th at 116, where the court rejected cases with a narrower construction of "cumulative 7. Los Angeles Unified u. City of Los Angeles, 58 CalApp.4that 1024-1026.found an Em inadequate for concluding that a project's additional increase in noise level of another 2.8 to 3.3 dBA was iDsignificant given that the existing noise level of 72 dBA already exceeded the regulatory recommended maximum of 70 dBA. The court concluded that this "ratio theory" trivialized the project's noise impact by focusing on individual inputs rather than their collective significance. The relevant issue was not the relative amount of traffic noise resulting from the project when compared tQ existing traffic noise, but whether any additional amount of traffic noise should be considered significant given the nature of the existing traffic noise problem. 1818-0038 . October 28, 2005 Page 66 impacts." (See also, Friends of Eel River v. Sonoma County Water Agency, 108 Cal. App. 4th 859, 869 (2003) (adopting Kings County approach for cumulative impacts analysis).) , In Friends of Eel Ri,Jer v. Sonoma County Water Agency (2003) 108 Cal. App. 4th 859, the court held that the EIR for a project that would divert water from the Eel River had to consider the cumulative impacts of the project together with other past, present and reasonably foreseeable future projects.that also divert water from the same river system. The court held that the EIR even had to disclose and analyze projects that were merely proposed, but not yet approved. The court stated, CEQA requires "the Agency to consider 'past, present, and probable future projects producing related or cumulative impacts. . . .' (Guidelines, ~ 15130, subd. (b)(l)(A).) , The Agency must interpret this requirement in such a way as to 'afford the fullest possible protection of the environment."' (Id. at 867, 869.) The court held that the failure of the EIR to analyze the impacts of the project together with other proposed projects rendered the document invalid. 'The absence of this analysis makes the EIR an inadequate informational document." (Id. at 872.) . The court in Citizens to Preserve the Ojai v. Bd. of Supervisors, 176 Cal.App.3d 421 (1985), held that an EIR prepared to consider the expansion and modification of an oil refinery was inadequate because it failed to consider the cumulative air quality impacts of other oil refining and extraction activities combined with the project. The court held that the EIR's use of an Air District Air Emissions Inventory did not constitute an adequate cumulative impacts analysis. The court ordered the agency to prepare a new EIR analyzing the combined impacts of the proposed refinery expansion together with the other oil extraction projects. A. The Focused EIR's Cumulative Impact Assessment is Inaccurate and Inconsistent and Not In Accordance With CEQA The focused EIR's cumulative impact analysis is deficient and legally unsound for several reasons. First, there is no cumulative impacts analyses whatsoever for ten of the sixteen environmental factors listed in the NOP's CEQA Checklist. Given the comments above concerning leaking underground fuel tanks, seismic hazards, fouling water quality, and traffic problems, it defies credulity that the Project presents no cumulative impacts for these issues. 1818-003. . . ;. " I ,. I. October 28, 2005 Page 67 1. The Focused EIR's Cumulative Impact Analysis For Hydrology and Water Quality is Inadequate The focused Em's cumulative impact analysis for hydrology and water quality merely discusses flooding and storm drainage in vague terms that do not actually require anything of the facility or other present or future projects: 'Typical measures could include covering all outside storage facilities, vegetated swales, detention basins with filtration systems, and monitoring programs." (Focused Em, at p. 6-2 (emphasis added).) In this regard, the focused Em merely discusses measures which would normally address the flooding impact without actually requiring such measures or conducting an assessment of whether the measures reduce significant impacts. In other words, the DEm contains no cumulative impact analysis at all for this issue. Worse, the cumulative impacts analysis for hydrology fails to address i,he cumulative impacts associated with water supply issues for the proposed Project and other past, present and reasonably foreseeable future projects in the planning area. Significantly, with respect to hydrology and water quality, the City's cumulative impact analysis fails to mention the issues of cumulative phosphorus pollution and groundwater contamination. A full Em must address the cumulative result of this Project and other area projects' affect on water quality issues in the project vicinity. 2. The Focused EIR's Cumulative Impact Analysis For Land , Use and Planning is Inadequate With respect to land use and planning, the focused Em is impermissibly vague: ''The proposed project and cumulative growth will result in changes to existing land uses. Vacant properties will be developed pursuant to recently updated Temecula General Plan, leading to intensification of housing, commercial, and industrial development throughout southern Temecula." (Focused EIR, at p. 6.3.) Again, the DEm contains no cumulative impact analysis at all for this issue, and fails to identify other past present and future projects in the planning area. At a minimum, the City must identify and describe specific projects in the planning area in its cumulative impacts analysis; 1818-003. . October 28, 2005 Page 68 3. The Focused EIR's Cumulative Impact Analysis For Traffic Is Inadequate The focused EIR fails to undertake the required evaluation of consistency with the City's General Plan policies related to cumulative traffic impacts. The cumulative traffic analysis fails to evaluate traffic conditions at buildout of the City's General Plan. Instead, the focused EIR evaluates conditions at buildout using the faulty methodology discussed above. While the TIA includes trips from 17 nearby projects in its analysis of eight intersections, the analysis does not include trips associated with buildout of the City's entire General Plan or trips associated with buildout of the surrounding area. (See TIA, at p. 9) While Appendix B includes trips from 21 nearby projects in its analysis of five intersections, the 'cumulative projects data does not include trips associated with buildout of the City's entire General Plan or trips associated with buildout of the surrounding area. Furthermore, the focused EIR fails to properly account for annual growth from small development projects out to the horizon year ofthe City's General Plan. Accordingly, the focused EIR must analyze traffic conditions at General Plan . buildout without and with Temecula Regional Hospital Project traffic. Absent such . a cumulative analysis, the City's focused EIR is inaccurate and incomplete. B. The Focused EIR's Cmnulative Impact Analysis For Air Quality Is Inadequate The focused EIR finds significant and unavoidable cumulativ~ impacts. The focused EIR evaluates impacts "based primarily on 21 related projects identified by the City of Temecula." For a description of 17 of these projects, the focused EIR relies on a 2002 traffic impact analysis for another project, the Apis Plaza. Rather than providing a summary of these projects in the cumulative impacts analysis section, the focused EIR refers the reviewer to the traffic impact analysis contained in Appendix D for further information. Yet Appendix D does not contain any information beyond the name and proposed uses of these projects and their projected trip generation; it claims that the Apis Plaza Traffic Impact Analysis is contained in its Appendix E, but the Initial Study failed to include this document. Further, the focused EIR claims that four additional projects were supplemented, yet it fails to supply any information on these projects. (Focused EIR, p. 6-1 and Appx. D, p. 9.) The focused EIR contains no information for any of these 21 projects. For example, there is no information on these project's time period over which they will be constructed, their expected buildout, or the air ISIS-Oua. . . ;. '. October 28, 2005 Page 69 quality impacts resulting from their construction or operation. In short, the information provided in the focused EIR is entirely inadequate to assess the cumulative impacts on air quality resulting from the Project. In sum, the cumulative impact analysis must include all past, present and reasonably foreseeable future projects, including proposed projects. Instead, the focused EIR only discusses other projects in the abstract, not once identifying other applicable projects subject to an adequate cumulative impacts analysis. CEQA prohibits the City from viewing the Project in a vacuum. The City must prepare a full EIR for the Project to fully analyze, disclose to the public and consider mitigation measures to address the important resources in the region. VITI. THE FOCUSED EIR MUST DISCLOSE ALL GENERAL PLAN INCONSISTENCIES CEQA requires a lead agency to analyze the impacts of a project in reference to relevant }Jlanning documents, including the General Plan. (CEQA Guidelines, App. G, Evaluation of Environmental Impacts, Item 6.) An EIR must discuss any inconsistencies that exist between a proposed project and any applicable general plans and regional plans. (CEQA Guidelines section 15125(d).) This discussion is mandatory under CEQA. The same analysis must be conducted when a lead agency elects to use a negative declaration to evaluate the significant environmental impacts that may be caused by a project. (CEQA Guidelines, App. G.) Thepurpose of this requirement is to determine - in the context of a general plan's policies, objectives and standards - whether a particular project will have a significant impact on the environment. A project's impacts may be significant if they are greater than those deemed acceptable in a general plan. (Gentry v. City of Murrieta (1995) 36 Cal.App.4th 1359, 1416.) Here, there are a number of inconsistencies between the focused EIR and the General Plan for the City of Temecula. Specifically, as explained by Dr. Pless in her attached comments, while the General Plan requires the Project's air quality impacts to be reduced to the greatest extent feasible, the focused EIR does not include all feasible mitigation. Dr. Pless provides a list of feasible mitigation for air quality impacts that are not addressed in the focused EIR. Second, according to the General Plan, "public and institutional facilities should be clustered in activity centers to reinforce other uses and benefit from access to alternative modes oftransportation." City of Temecula General Plan, LU- 1818-003. '1~~23i+~lW,5' . , '~~"~~i$;~~ti~':e"'''\l:'",sl:1d'fQf'aVMlWt;pieee:orlaw'i~1i''i~h9w~'P,~!l1':iU11 BP~=~:~S ~~:S~~t~=. 7777;~'~~~100cii'i~ '.,. . ...."., ....... .... " .~...q~~ . 8m.ce~ :. ~1?;.: ~....~....-' .... -,., ',-. -,:,;-' ........'.'..,.........'...,..~.................. .. ,. . -' - . . T '," " . ," . ""'" .' ,. ''-',' -:' ,- -, -' . ".. . (})(j~n~~-m ;a.: '~~i .. . October 26, 2005 Ms. Gloria D. Smith, Attorney at Law Adams Broadwell Joseph & Cardozo 601 Gateway Boulevard, Suite 1000 South San Francisco, California 94080-7037 SUBJECT: Review of Traffic Portions of the Temecula Regional Hospital Project Focused Environmental Impact Report in the City of Temecula Dear Ms. Smith: Tom Brohard, PE, has reviewed various documents associated with the proposed Temecula Regional Hospital in the City of Temecula. These documents include the September 26, 2005 Focused Environmental Impact Report (Focused EIR) prepared by P&D Consultants as well as the November 4, 2004 Traffic Impact Analysis (TIA) and the September 22, 2005 Traffic Impact Analysis Addendum (Addendum) prepared by Linscott Law & Greenspan Engineers. !. My reviews of the Focused EIR, TIA, and Addendum indicate that numerous transportation and circulation issues associated with the project have not been properly or adequately addressed. As detailed throughout this report, the following significant omissions, deficiencies and inadequacies were found: 1) Trin Generation Forecasts for the Proiect Are Silmificantlv Underestimated a) Project Will Provide Additional Parking Spaces On Site b) Low Trip Rate per Bed Was Used c) All Trips from Cancer Center and Fitness Center Were Omitted d) Additional Phase I Project Trips Will Create Significant Traffic Impacts e) Additional Buildout Project Trips Will Create Significant Traffic Impacts 2) Inannronriate Traffic Counts Used to Evaluate Existimr Conftitions 3) Near Term and Buildout Baseline Analvsis Issues a) Near Term Baseline Traffic Volumes Must Include Annual Growth b) Buildout Baseline Traffic Volumes Must Include Annual Growth 4) Cumulative Traffic Analvsis Is Erroneous '. Ms. Gloria D. Smith Temecula Regional Hospital Focused EIR Traffic Comments .. October 26, 2005 . 5) Mitigation Measures Do Not Result in Less Than Sillllificant Imnacts 6) Numerous Orriissions from the Focused' EIR a) Construction Impacts b) Transit Impacts c) Parking Impacts d) Site Plan Analysis In summary, the City has not conducted an appropriate traffic and circulation analysis of the Temecula Regional Hospital Project. Without further study to address the City's inadequate analysis of significant traffic impacts, it is not possible to conclude that the majority of the project's traffic impacts have a less than significant effect on the environment with rriitigation. To rectify the numerous significant deficiencies and inadequacies, the issues in this report as well as those expressed by others must be carefully studied and addressed in a revised traffic impact analysis conducted as part of a thorough project reevaluation in a revised and recirculated EIR. Education and Exoerience . Since receiving a Bachelor of Science in Engineering from Duke University in Durham, North Carolina in 1969, I have gained over 35 years of professional engineering experience, all of which has occurred in California. I am licensed as both a Professional Civil Engineer and as a Professional Traffic Engineer in California. I formed Tom Brohard and Associates in 2000 and now serve "on call" as Consulting Transportation Engineer for the City of San Fernando and as the Interim City Traffic Engineer for the City of Indio. I hav!l extensive experience in traffic engineering and transportation planning. During my career in both the public and private sectors, I served as City Traffic Engineer for the Cities of Bellflower, Bell Gardens, Huntington Beach, Indio, Lawndale, Los Alarriitos, Oceanside, Paramount, Rancho Palos Verdes, Rolling Hills, Rolling Hills Estates, San Fernando, San Marcos, Santa Ana, and Westlake Village. While serving these communities, I personally conducted hundreds of investigations of citizen requests for the installation of various traffic control devices. During these assignments, I successfully presented hundreds of traffic engineering reports at City Council and Traffic'Commission meetings. During my career, I have reviewed numerous environmental documents and . traffic studies for various projects. Several recent assignments are . 2 . Ms. Gloria D. Smith Temecula Regional Hospital Focused EIR Traffic Comments October 26, 2005 highlighted in the enclosed resume. During these assignments, I worked successfully with several law firms and local interest groups in the review of environmental documents and traffic studies, frequently within very limited time constraints. Brief Summary of the ProiecJ; According to Page 3-4 of the Focused EIR, "The proposed 566,160 square foot Temecula Regional Hospital Facility consists of: .:. An approximately 408,160 square foot, 2-tower hospital complex to contain approximately 320 beds... .:. Two medical office buildings, one 4 stories173 feet high and the second 3 stories/60 feet high, providing approximately 140,000 square feet of office space. .:. A 10,000 square foot cancer center housed in a one story building. '. .:. An 8,000 square foot fitness rehabilitation center in a one story building." Regarding the project phasing, Pages 3-7 and 3-8 of the Focused EIR state: "Construction of the proposed project will occur in five phases. Phase IA consists of site grading, demolition of existing buildings, construction of a' 3 story, 60,000 square foot medical office building (MOB #2), and construction of adequate surface parking to serve the building. Phase IA is anticipated to last approximately 10 months. Phase IB consists of construction of the one story main hospital structure comprising approximately 162,650 square feet and a 6 story tower of approximately 122,755 square feet, as well as parking associated with the structure and tower. Phase IB is anticipated to last approximately 14 months. Phase II will expand the hospital to its ultimate 320 bed configuration with the addition of the 5 story bed tower of approximately 122,755 square feet. . Phase III will add a 4 story 80,000 square foot medical office building (MOB #1) and the hospital connector. 3 Ms. Gloria D. Smith Temecula Regional Hospital Focused EIR Traffic Comments October 26, 2005 . Phase IV consists of construction of a one story, 10,000 square foot cancer center and associated parking spaces. Phase V will be construction of the 8,000 square foot fitness center and the jogging trail. Construction of Phases II through V is anticipated to occur concurrently and to last approximately 12 months." From the above description of the project phasing in the focused EIR, construction of the proposed project will take 36 months. It is likely that a number of months or perhaps years will pass between constru~tion activities associated with each of the three major construction phases. As discussed throughout this report, the focused EIR, TIA, and Addendum do not properly evaluate baseline conditions in concert with the phasing of construction for the proposed project. The failure of the focused EIR to analyze traffic impacts associated with the major construction phases as well as buildout of the entire project provides no assurance that implementation of mitigation measures will be linked to significant traffic impacts caused by the phased development of the Temecula Regional Hospital. . Traffic Related Issues Section 4.6 of the focused EIR provides a summary of the environmental setting, project analysis, traffic impacts and mitigation measures for the project prepared by Linscott Law & Greenspan Engineers. Based on the information in the Focused EIR, Traffic Impact Analysis (TIA), and Addendum, my review indicates the following orriissions, deficiencies, and inadequacies in the traffic analysis for the proposed project: 1) Trin Generation Forecasts for the Proiect Are Silmificantl'l Underestimated - The TIA and Addendum summarized in the Focused EIR contain several significant errors in the calculation of AM peak hour, PM peak hour, and daily trips that will be generated by the proposed project. Use of average trip rates per hospital bed together with the orriission of all trips associated with the 10,000 square foot cancer center, and the 8,000 square foot fitness center, significantly understates the project trip generation and the resulting traffic impacts. As such, major revisions to the Focused EIR are required to address the significant impacts that the Temecula Regional Hospital Project will have on traffic. The Focused EIR must use the higher trip forecasts discussed in the following comments to properly identify the project traffic impacts and . 4 . Ms. Gloria D. Smith Temecula Regional Hospital Focused EIR Traffic Comments October 26, 2005 develop appropriate mitigation measures. As detailed below, trips forecast in the Focused EIR are significantly below those that should have been calculated for the proposed project as follows: I. a) Project Will Provide Additional Parking Snaces On Site - According to Page 3-8 of the Focused EIR, "...the total parking spaces provided will be 1,278 which exceeds the City's parking standards which requires 663 parking spaces calculated for the hospital portion of the project, for which the Development Code requires one space per 3 beds. The parking provided on the site exceeds the standards contained in the Development Code because the Code requirements do not adequately account for parling needs within the hospital associated with staff parking, outpatient services, and other needs within the facility. This is common in most jurisdictions, and hospital facilities often exceed rriinimum parking requirements for this reason." Footnote 2 on Page 3- 8 of the Focused EIR attributes the above comments to a personal communication on September 22, 2005 with Mr. David Prusha, HKS, Inc., the architects and engineers for the proposed project. Providing nearly double the amount of parking spaces on site over what is required in the City's Development Code is a strong indication that the proposed project will generate more than the average number of vehicle trips, particularly since the site is not currently served by bus or other transit. The unrealistically low trip rates used in the Focused EIR, TIA, and Addendum do not provide a proper basis for analysis of reasonably foreseeable conditions associated with providing nearly double the 'parking spaces required by the City's Development Code, and the low trip rates certainly do not provide an evaluation of the "worst case" condition. b) Low Trin Rate Per Bed Was Useq- The Focused EIR, TIA, and Addendum used the trip rate of 20 daily trips per bed published by SANDAG, the San Diego Association of Governments, in developing forecasts of daily, AM, and PM peak hour trips. For the initial phase with 170 beds, 3,400 daily trips including 272 trips in the AM peak hour and 340 trips in the PM p~ak hour were forecast. For the buildout of 320 beds, 6,400 daily trips including 512 trips iIi the AM peak hour and 640 trips in the PM peak hour were forecast. These unreasonably low trip generation forecasts for the 170 bed hospital and the 320 bed hospital developed in the TIA and Addendum were the used throughout the Focused EIR for the proposed project. . In addition to trip rates per bed, SANDAG has also published rates of 25 daily trips per 1,000 square feet for hospitals, with 8 percent of the 5 Ms. Gloria D. Smith Temecula Regional Hospital Focused EIR Traffic Comments October 26, 2005 . daily trips in the AM peak hour and 10 percent of the daily trips in the PM peak hour. Applying the SANDAG trip rate per 1,000 square feet indicates the initial phase of the hospital building with 285,405 square feet will generate 7,140 daily trips including 570 trips in the AM peak hour and 710 trips in the PM peak hour. For the buildout of 408,160 square feet, the hospital portion of the proposed project will generate 10,200 daily trips including 820 trips in the AM peak hour and 1,020 trips in the PM peak hour. With the additional parking provided on site and the absence of transit service, the SANDAG trip rates per 1,000 square feet for the hospital portion of the project must be used to analyze and rriitigate project traffic impacts. c) All Trins from Cancer Center and Fitness Center Were Omitted - Page 3-4 of the Focused EIR indicates the proposed project will include a 10,000 square foot cancer center and an 8,000 square foot fitness center as components of the Temecula Regional Hospital. Table 4-22 on Page 4-87 of the Focused EIR for the trip generation for buildout of the proposed project only forecasts trips for a hospital containing 320 beds and 140,000 square feet of medical offices. From the description of the project on Page 3-4 of the Focused EIR, all trips associated with the cancer center an-:l,the fitness center have been orriitted from the traffic analysis. ' . Using SANDAG data per 1,000 square feet indicates the 10,000 square foot cancer center will generate 250 daily trips including 20 trips in the AM peak hour and 25 trips in the PM peak hour. Using SANDAG data per 1,000 square feet indicates the 8,000 square foot fitness center will generate 200 daily trips including 16 trips in the AM peak hour and 20 trips in the PM peak hour. The additional 450 daily trips including 36 trips in the AM peak hour and 45 trips in the PM peak hour from these two project components must be added to the project trip generation forecasts, distributed. to area roadway links and intersections, analyzed, and the resulting significant traffic impacts rriitigated as necessary. d) Additional Phase I Project Trins Will Create Silmificant Traffic Imnacts - Table 4-21 on Page 4-81 of the FocusedEIR incorrectly forecasts 3,400 daily trips with 272 trips in the AM peak hour and 340 trips in the PM peak hour for the 170 beds in the hospital in Phase I of the proposed project. Analyzing the hospital component properly as discussed above indicates the 285,405 square feet in Phase I will generate 7,140 daily trips including 570 trips in the AM peak hour and 710 trips in the PM peak hour. The 3,740 additional daily trips . 6 .. Ms. Gloria D. Smith Temecula Regional Hospital Focused EIR Traffic Comments October 26, 2005 including 298 additional AM peak hour trips and 370 additional PM peak hour trips that will be generated by Phase I will significantly impact additional intersections and segments over and above those identified in the Focused EIR. Each of these significant traffic impacts for Phase I of the proposed project must be identified and mitigated as necessary to maintain the City's Level of Service (LOS) D standard. i I. e) Additional Buildout Proiect Trins Will Create Silmificant Traffic Imnacts - Table 4-22 on Page 4-87 of the Focused EIR incorrectly forecasts 6,400 daily trips with 512 trips in the AM peak hour and 640' trips in the PM peak hour for 320 beds in the hospital at buildout of the proposed project. Analyzing the hospital component properly as discussed above indicates the 408,160 square feet at buildout will generate 10,200 daily trips including 820 trips in the AM peak hour and 1,020 trips in the PM peak hour. Furthermore, 450 daily trips including 36 trips in the AM peak hour and 45 trips in the PM peak hour will be generated by the 10,000 square foot cancer center and the 8,000 square foot fitness center. The 4,250 additional daily trips including 344 additional AM peak hour trips and 425 additional PM peak hour trips that will be generated by the project will significantly impact additional intersections and segments over and above those identified in the Focused EIR. Each of these significant traffic impacts for buildout of the proposed project must be identified and mitigated as necessary to maintain the City's LOS D standard. 2) Inannronriate Traffic Counts Used to Evaluate Existing Conditions - Page 4-72 of the Focused EIR states "Existing peak hour manual intersection counts were conducted during the traditional weekday AM (7:00 -9:00) and PM (4:00 - 6:00) peak hours on March 23, 2004. Supplementary counts were obtain.~d in July of 2005 for the traffic study Addendum." Page 4-76 of the Focused EIR states "The current levels of service for study intersections and roadway segments were calculated based upon traffic counts and current intersection and roadway configurations." . Our review of the traffic count sheets in Appendix A of the TIA indicates the peak hour traffic counts were made on March 23, 2004 for all 'intersections included in the TIA. Capacity calculations in Appendix B were then made by using the traffic volumes from these March 2004 traffic counts. This approach ignores the significant traffic volume increases that have occurred with the rapid growth and development within and adjacent to the study area. The values obtained were then used in the Focused EIR to represent baseline conditions at the time of the Notice of Preparation (NOP) of the Focused EIR. 7 Ms. Gloria D. Smith Temecula Regional Hospital Focused EIR Traffic Comments October 26, 2005 . Page 10 of the Addendum states "Existing Average Daily Traffic (ADT) volumes and intersection counts were conducted by LLG in July 2005. In addition, traffic counts were also obtained from the Temecula Medical Center report. Appendix A contains the existing traffic volumes." Our review of the traffic count sheets in Appendix A of the Addendum indicates peak hour traffic counts were made on July 7, 2005 only for the intersection of Margarita Road and Dartolo Road, with the March 2004 traffic counts included for the other two intersections studied in the Addendum. The traffic counts on Thursday, July 7, 2005 were taken during the week with the July 4 Independence Day holiday. These traffic counts do not properly represent normal weekday conditions with the national holiday on Monday of that week, with summer vacations, and with schools closed for the summer months. Capacity calculations in Appendix C of the Addendum were then made by directly using the traffic volunies from the March 2004 traffic counts and the holiday week counts. This approach ignores the significant traffic volume increases that have occurred with the rapid growth and development in and adjacent to the study area, and provides unreliable data for the holiday week. The capacity calculation values in the Focused EIR do not represent baseline conditions at the time of the Notice of Preparation (NOP) of the Focused EIR. . Page 2-2 of the Focused EIR indicates the Notice of Preparation (NOP) was released on August 3, 2005. It is my understanding that the California Environmental Quality Act (CEQA) requires evaluation of the existing conditions at the time of the NOP. The evaluation of existing conditions at the time of the NOP is essential to an accurate and complete impact analysis. Traffic counts made in March 2004 at the eight intersections in the TIA do not represent baseline conditions in 2005. Traffic counts at Margarita Road' and Dartolo Road taken during the summer week that included the Independence Day holiday are unreliable. New traffic counts must be made at all study intersections and all calculations and subsequent analysis must be redone to properly analyze traffic impacts of the Temecula Regional Hospital Project. 3) Near Term and Buildout Baseline Analvsis Issues - Pages 3-7 and 3-8 of the Focused EIR provide information regarding the length of construction of the three phases of the Temecula Regional Hospital. However, the failure of the Focused EIR to identify the expected timing of completion of each of these major project phases as well as the buildout horizon for the entire project provides no assurance that implementation of rriitigation . 8 . Ms. Gloria D. Smith Temecula Regional Hospital Focused EIR Traffic Comments October 26, 2005 measures will be linked to significant traffic impacts caused by the phased development of the project. The following two significant omissions in the Focused EIR bear directly on the traffic analysis, causing it to be inaccurate and incomplete as follows: a) Near Term Baseline Traffic Volumes Must Include Annual Growth - . With one exception, existing traffic volumes counted at study intersections reflect conditions in 2004. According to the Focused EIR, development of the proposed project will occur in three major phases over a number of years. To account for traffic volumes from small development projects and to include continuing traffic volume increases year after year, existing volumes are expanded by an annual 6w..~h factor ranging from one to three percent annually. To properly evaluate near term conditions, traffic studies must include an appropriate annual growth factor plus traffic volume projections from approved near term land developinent projects. . Page 4-81 of the Focused EIR states "To assess opening year and buildout traffic conditions, two approaches were used. In the November 2004 traffic study, a 4 percent growth factor was added to existing traffic volumes and then 17 cumulative projects were added." In our review of the near term capacity calculations in Appendix B of the TIA, we found no growth factor was applied to the March 2004 traffic counts with one exception. For the analysis of near term conditions in the AM peak hour at SR 79 and La Paz Street, a 4 percent growth was included to account for annual traffic growth. However, the capacity calculation sheets for the PM peak hour analysis at SR 79 and La Paz Road and for all of the other intersections do not include any growth factor in the analysis of near term conditions for Phase I of the project. The flawed approach used in the TIA and included in the Focused EIR does not properly reflect annual traffic volume growth that must. be included in the near term baseline traffic volumes. I !. b) Buildout Baseline Traffic Volumes Must Include Annual Gw..lh - With one exception, existing traffic volumes counted at study intersections reflect conditions in 2004. According to the Focused EIR, development of the proposed project will occur in three major phases over a number of years. To account for traffic volumes from small development projects and to include continuing traffic volume increases year after year, existing volumes are expanded by an annual growth factor ranging from one to three percent annually. To properly evaluate. buildout conditions, traffic studies must include an 9 Ms. Gloria D. Smith Temecula Regional Hospital Focused EIR Traffic Comments October 26, 2005 . appropriate annual growth factor plus'traffic volume projections from approved near term land development projects. Page 4-81 of the Focused EIR states ''To assess opening year and buildout traffic conditions, two approaches were used. In the November 2004 traffic study, a 4 percent growth factor was added to existing traffic volumes and then 17 cumulative projects were added." In our review of the capacity calculations for project buildout in Appendix B of the TIA, we found no growth factor was applied to the March 2004 traffic counts with one exception. For the analysis of conditions in the AM peak hour at SR 79 and La Paz Street, a 4 percent growth was included to account for the traffic volume increases from small developments and annual traffic growth. This 4 percent growth factor does not appropriately expand the baseline traffic volumes to the buildout horizon year for the entire project. In ,addition, the capacity calculation sheets for the PM peak hour analysis at SR 79 and La Paz Road and for all of the other intersections do not include any growth factor in the analysis of buildout conditions for the project. The flawed approach used in the TIA and included in the Focused EIR does not properly reflect annual traffic volume growth that must be included in the buildout baseline traffic volumes. . J Without evaluating the project traffic impacts at the conclusion of each project phase, it is impossible to determine the point in time at which the multi phased project will cause the Level of Service (LOS) at impacted intersections to deteriorate to an unacceptable level. Project phasing assumptions in the traffic analysis must match project phasing in the Focused EIR sO mitigation measures can be implemented in a timely manner to maintain the City's LOS D standard as defined on Pages 4-69 and 4-70 of the Focused EIR. The Focused EIR must include annual growth of the 2004 traffic counts for both AM and PM peak hours at all intersections. The traffic analysis must also disclose significant traffic impacts and associated mitigation measures at the completion of each of the three major phases of the Temecula Regional Hospital. 4) Cumulative Traffic Analvsis Is Erroneous - The cumulative traffic analysis in the Focused EIR fails to evaluate traffic conditions at buildout of the City's General Plan. Instead, the Focused EIR, TIA, and Addendum evaluate conditions at buildout of the proposed project using the faulty methodology discussed above. While the TIA includes trips from 17 nearby projects in its analysis of eight intersections, the listing beginning on Page 9 of the TIA does not include trips associated with buildout of the City's entire General Plan or trips associated with buildout of the surrounding . 10 . Ms. Gloria D. Smith Temecula Regional Hospital Focused EIR Traffic Comments October 26, 2005 area. While the Addendum includes trips from 21 nearby projects in its analysis of five intersections, the cumulative projects data in Appendix B of the Addendum does not include trips associated with buildout of the City's' entire General Plan or trips associated with buildout of the surrounding area. Furthermore, the TIA and the Addendum fail to properly account for annual growth from small development projects out to the horizon year of the City's General Plan. The Focused EIR must analyze traffic conditions at General Plan buildout without and with Temecula Regional Hospital project traffic. 5) Mitigation Measures Do Not Result in Less Than Significant Imnacts - Page 4-86 of the Focused EIR indicates there will be significant traffic impacts associated with development o~ Phase I of the proposed project in the AM peak hour at Highway 79 SouthlRedhawk ParkwaylMargarita Road. While Page 4-86 states ''Mitigation measures are, required to reduce the level of impact", no measures are identified to mitigate these traffic impacts. Near term rriitigation measures for this intersection must be identified. !. Pages 4.93 and 4-94 of the Focused EIR list four primary mitigation measures for buildout of the proposed project. For two of the mitigation measures, the Focused EIR indicates rriitigation will be achieved by . paying fees to Riverside County for impacts at the 1-15 Interchange with Highway 79 South or by paying the project's fair share 'of the cost of the improvements at six other intersections. For the other two rriitigation measures, the Focused EIR recommends that Temecula Regional Hospital construct the associated mitigation measures. Mitigation of project traffic impacts can only be achieved through actual . construction of mitigation measures. Payment of fees to Riverside County or payment of the project's fair share of improvements to the City does not guarantee that these mitigation' measures will be built. Until improvements are actually in place, th(l traffic impacts of the Temecula Regional Hospital must be considered as "significant" rather than "less than significant". The Focused EIR must include a mitigation monitoring program that clearly identifies financing, scheduling, implementl,ltion responsibilities, and lead agency 'monitoring. .. 6) Numerous Omissions from the Focused EIR - The Focused EIR for the Temecula Regional Hospital Project fails to analyze potentially significant impacts or to develop mitigation measures associated with the following topics: 11 Ms. Gloria D. Smith Temecula Regional Hospital Focused EIR Traffic Comments October 26, 2005 . a) Construction Imnacts - The Focused EIR must analyze and evaluate impacts associated With construction including dirt and building material hauling, worker traffic, and worker parking for each of the three major phases. Measures must be developed and incorporated into the Focused EIR to mitigate construction traffic impacts. These measures must maintain the City's LOS D standard as defined on Pages 4.69 and 4-70 of the Focused EIR so construction traffic does not degrade the LOS below the significance threshold used in the Focused EIR. b) Transit Imnacts - Correspondence in response to the NOP dated August 18, 2005 from Riverside Transit Authority (RTA) in Appendix A of the Focused EIR indicates "...future bus service is highly likely along SR 79 and that the busses will be stopping at the proposed hospital. The City of Temecula has expressed previous support for the concept of a bus turnout and related amenities along SR 79 to be installed by the project sponsors." The Focused EIR fails to address the request for a bus turnout from RTA. The Focused EIR also fails to quantify the demand for new transit services that the Temecula Regional Hospital Project will create and to provide any transit mitigation measures such as financial contributions to help establish new transit service along Highway 79 South. . c) ;Parking ImDacts - Page 1-4 of the Focused EIR states "Approximately 1,278 parking spaces will be provided on surface lots." As previously indicated, Page 3-8 of the Focused EIR characterizes the proposed parking as being significantly above the requirements of the City's Development Code. However, the Focused EIR fails to review and analyze the amount of parking being proposed on site. Parkin!! Generation. 3!'.!! Edition published by the Institute of Transportation Engineers (ITE) contains parking data for various land uses including hospitals and medical office buildings. For suburban hospitals, the average peak parking demand is identified at 4.72 vehicles per bed. To satisfy this demand, at least 1,510 parking spaces would be needed for the 320 hospital beds in the proposed project. For medical offices, the average parking supply is identified as 3.9 spaces per 1,000 square feet. To meet this, at least 616 parking spaces would be needed for the 140,000 square feet of medical offices, the 10,000 square foot cancer center, and the 8,000 square foot fitness center in the proposed project. Based on the data published by ITE, at least . 12 . . . Ms. Gloria D. Smith Temecula Regional Hospital Focused EIR Traffic Comments October 26, 2005 2,126 parking spaces are required to meet the needs of the Temecula Regional Hospital Project, significantly higher than the 1,278 parking spaces being proposed. The Focused EIR also fails to analyze impacts associated with providing all parking on site as surface parking. With the project having an overall shortage of 850 parking spaces and with over 30 percent of the project site occupied by surface parking, consideration must be given to construction of a parking structu.re to reduce environmental impacts in other areas and to avoid impacts to rock outcrops and trees on the site. d) Site Plan Analvsis - The FocusedEIR fails to analyze the proposed site plan shown in Figure 3-2 on Page 3-5 of the Focused EIR for the Temecula Regional Hospital. Important traffic considerations that must be addressed by the Focused EIR include topics such as the length of driveway throats to adequately accommodate vehicle queuing and stacking, sight distance at external and internal intersections, on site vehicle circulation, patient and visitor drop off and pick up areas, pedestrian facilities, truck loading areas, and accessibility of parking spaces. Without these additional analyses, the Focused EIR fails to address all reasonably foreseeable adverse construction, transit, parking, and traffic impacts of the proposed project. In sum, there are numerous transportation and circulation issues, omissions, and inadequacies associated with the September 26, 2005 Focused EIR for Temecula Regional Hospital Project. The items outlined in this letter must be carefully studied and evaluated before reaching the conclusion that most of the project traffic impacts can be reduced to insignificance with mitigation. The Focused EIR, TIA, and Addendum must be revised to respond to our significant comments as part of the environmental process and recirculated 13 ':.'- M~.;~lqFi.f).srnith " , ". T"'" ,'~..)it"'ln...u""s"it8IFoci.i.edEJRtmftlc.<M-...iWlts ,~Jn..!I,p,...AU p ~"""'" .,......n"'L O~l$,pS . .rb'!" uhJie .:'6'W d Cv____t. If' ',' .. hliv~""-'dfiS:~"'-..a~.."'i .tlmsi!l' ".p ". 1.'eY1l, ,U ' ",. yqJ;l. .' 9J!._~~ . .. ~"'S""~"",",' , , .Mi.. ,;,!~li1ill.,Vt~~'il!lll.tiiea.t~ci}~~...;;;~~~ .:';;' ;:. Re~Stibmitmlj , '1'~B~~aJJ~~S(J:~hlte.s' .~M~b~ ,.',. ~..~atd;.<PE 'P:i~iri~ . ..... ,.~,~ 't~ . e ;;,:.: ...". ' . . L " :. . Licenses: Education: Experience: Memberships: Expertise: Tom Brohard, PE 1976/ Professional Engineer / California - Civil, No. 24577 1977 / Professional Engineer / California - Traffic, No. 724 BS / Civil Engineering / Duke University /1969 35 Years Institute of Transportation Engineers - Member Orange County Traffic Engineers Council- Chair 1979-1980 American Public Works Association - Member Tom is a recognized expert in the field of traffic engineering and transportation planning. His background also includes responsibility for leading and managing the delivery of various contract services to numerous cities in Southem Califomia. Since forming Tom Brohard and Associates in 2000, Tom has reviewed many traffic impact reports and environmental documents for various projects across the state. Tom has extensive experience in providing transportation planning and traffic engineering services across Southem California. From 1972 through 1978, he conducted all traffic engineering investigations in the Second Supervisorial District in Los Angeles County. He has served as City Traffic Engineerrrransportation Manager/Engineer as follows: o Bellflower............,........................ 1997 -1998 o Bell Gardens................................ 1982 -1995 o Huntington Beach ........................ 1998 - 2004 o Indio....................................... 2005 - present o Lawndale..................................... 1973 -1978 o Los Alamitos................................ 1981 - 1982 o Oceanside ................................... 1981 -1982 o Paramount................................... 1982 -1988 o Rancho Palos Verdes.................. 1973 - 1978 o Rolling Hills.................................. 1973 - 1978, 1985 - 1993 o Rolling Hills Estates..................... 1973 - 1978, 1984 - 1991 o Sail Fernando.......................... 2003 - present o San Marcos .................................1981 . o Santa Ana.................................... 1978 -1981 o Westlake Village.......................... 1983 -1994 While serving Huntington Beach, Tom oversaw a staff ,of 20 including traffic engineers and transportation planners, traffic signal and street lighting personnel, and the signing, striping, and rnarking crews. He secured $3.5 million in grant funding, managed the initial West Orange County Rail Feasibility Study, and recently oversaw the consultant selection for the City's Traffic Model and Circulation Element Update. Tom Brohard and Associates Tom Brohard, PE, Page 2 Selected significant accomplishments during the last four years include the following: . .:. Conducted Traffic Impact Analyses for the Sacred Heart Church and School Master Plan in the City of P",lm Desert including presentations to community residents and testimony at Public Hearings before the City Council (3/2005 to 7/2005) .:. Prepared preliminary critique of the Draft EIR and traffic study for the Prewett Ranch Project in the City of Brentwood for Adams Broadwell Joseph & Cardozo (7/2005) .:. Prepared critique of the Mitigated Negative Declaration and Traffic Impact Analysis for the Providence Center Specific Plan in the City of Fullerton for Shute, Mihaly, & Weinberger (6/2005 to 7/2005) .:. Prepared critique of the traffic and circulation sections of the Draft Subsequent EIR of the County of Ventura Focused General Plan Update and prepared rebuttal to responses for Shute, Mihaly, & Weinberger and the Community of Somis (12/2004 to 1/2005; 6/2005) .:. Prepared response to Initial Study and Notice of Preparation of a Draft EIR for 483 condominiums proposed in three high rise towers in Century City in the City of Los Angeles for Tract No. 7260 Association (6/2005) .:. Prepared critique of the traffic and parking impacts identified in the Draft EIR and . Traffic Impact Analysis for the Long Beach Memorial Medical Center Expansion in the City of Long Beach for Weinberg, Roger & Rosenfeld (2/2005 to 5/2005) .:. Prepared critique of the Draft EIR and traffic study for the Villages at Fairfield Project in the City of Fairfield for Adams Broadwell Joseph & Cardozo (4/200510 5/2005) .:. Prepared critique of the traffic, circulation, and parking impacts identified in the Traffic Impact Analysis for Los Angeles Unified School District Valley High School #5 in the City of San Fernando (4/2005) .:. Prepared critique of the transportation, circulation, and parking impacts identified in the Draft EIR and the final EIR for the Wood Street Project in the City of Oakland for the East Bay Community Law Center (3/2005) .:. Conducted City wide engineering and traffic surveys confirming enforceable speed limits on 31 street segments for the City of San Fernando (1/2005 to 3/2005) .:. Prepared critiques of the traffic impacts identified in the Draft EIR and in the Revised Draft EIR for the Central Larkspur Specific Plan in the City of Larkspur and prepared responses to comments in the Final EIR for Shute, Mihaly, & Weinberger (7/2002 to 8/2002, 12/2003 to 2/2004, and 1/2005 to 3/2005) . Tom Brohard and Associates . Tom Brohard, PE, Page 3 .:. Checked plans for traffic signal installations and modifications as well as signing and striping revisions for various projects for Engineering Resources of Southem California and the Cities of Hemet and Palm Springs (12/2003 to 3/2005) .:. Prepared critique of the Initial Study and traffic study prepared for the Hidden Canyon (Greenfield) Quarry Use Permit and Reclamation Plan iri Monterey County fqr Weinberg, Roger & Rosenfeld (2/2005) .:. Prepared critiques of the traffic impacts identified in the Los Angeles International Airport Master Plan Draft EIS/EIR for Altematives A, B, and C arid in the Supplement, Draft EIS/EIR for Alternative D, prepared responses to comments in the Final EIS/EIR, and reviewed Addendum #3 for Shute, Mihaly, & Weinberger and the City of EI Segundo (2/2001 to 7/2001, 7/2003 to 10/2003, 11/2004, and 12/2004) .:. Prepared critique of the Traffic Study for the 450-460 North Palm. Drive Senior Housing Residential Project in the City of Beverly Hills for Luna & Glushon (11/2004) .:. Prepared critique of the Draft EIR and traffic study and provided testimony at a public hearing regarding the West Los Angeles College Facilities Master Plan in Los Angeles County for Culver Crest Neighborhood Association (10/2004 to 12/2004) . .:. Prepared critique of the Draft EIR and the associated traffic impact analysis as well as subsequent rebuttal to responses to these comments in the Final EIR for The Ranch Plan in the County of Orange for the Endangered Habitats League (6/2004 to 712004 and 10/2004) .:. Prepared preliminary critique of the Draft EIR and traffic study for the Chandler Ranch Specific Plan Project in the City of Paso Robles for Adams Broadwell Joseph & Cardozo (9/2004) .:. Prepared critique of the Draft EIR and traffic-report associated with the Magnolia Park Project in the City of Oakley for Adams Broadwell Joseph & Cardozo (9/2004) .:. Prepared critique of the traffic impacts identified in the Recirculated Draft EIR and traffic study for the McKean Road Sports Complex in Santa Clara County for Shute, ' Mihaly, & Weinberger (9/2004) .:. Prepared critique of the Environmental Assessment for Robie Ranch Reclamation Project in Calaveras County for Weinberg, Roger & Rosenfeld (9/2004) .:. Provided expert assistance to residerits in the City of La Mirada during settlement negotiations regarding litigation involving the Big T Residential Development Project in the City of Buena Park (6/2004 to 912004) .:. Prepared critique of the traffic impacts identified in the Recirculated Draft EIR and , the associated traffic study for the Lake Jennings Ralph's Shopping Center in San '. Diego County for SOFAR and Shute, Mihaly, & Weinberger (8/2004) Tom Brohard and Associates Tom Brohard, PE, Page 4 . .:. Reviewed Traffic Impact Study prepared for the San Fernando Corridors Specific Plan for the City of San Fernando (7/2004 to 8/2004) .:. Prepared critique of the Negative Declaration for the Brisbane Recycling Project in the City of Brisbane for Weinberg, Roger & Rosenfeld (6/2004) .:. Reviewed various alternative alignments for the extension of Lexington Drive from Cerritos Avenue to Katella Avenue, a proposed secondary highway, for the City of Los Alamitos; provided expert assistance to the City of Los Alamitos during settlement negotiations regarding litigation of the proposed Cottonwood Christian Center Project in the City of Cypress (4/2004 to 6/2004) .:. Prepared critique of the Draft EIR and the associated traffic impact study for the Jaxon Enterprises Mine and Reclamation Expansion Project in the County of Merced for Weinberg, Roger & Rosenfeld (5/2004) .:. Prepared critique of the Environmental Secondary Study for the Santa Fe Parcel 6 Mixed Use Project in the City of San Diego for Adams Broadwell Joseph & Cardozo (4/2004 to 5/2004) .:. Prepared critique of the Draft EIR and the associated traffic impact analysis for the for the San Mateo Rail Corridor Plan & Bay Meadows Specific Plan Amendment in the City of San Mateo for Adams Broadwell Joseph & Cardozo (3/2004 to 5/2004) . .:. Reviewed the Edinger Corridor Specific Plan Traffic Analysis for the proposed redevelopment and intensification of adjacent land uses for the City of Huntington Beach (12/2003, 4/2004, and 5/2004) .:. Conducted the Traffic Impact Study of the San Fernando Regional Pool Facility Project and the associated street improvements for the City of San Fernando (3/2004 to 4/2004) .:. Prepared critique of the Initial Study/Mitigated Negative Declaration and the associated traffic study for the Pixar Headquarters Expansion in the City of Emeryville for Shute, Mihaly, & Weinberger (3/2004 to 4/2004) .:. Prepared critique of the. Draft EIR and the associated traffic impact analysis for the Lower Lagoon Valley Specific Plan in the City of Vacaville for Adams Broadwell Joseph & Cardozo (3/2004 to 4/2004) .:. Conducted the Traffic Study of Two Par1<ing Altematives for the City of Sr;ln Dimas to provide on street par1<ing to complement potential retaiVresidential development on the east side of San Dimas Avenue north of Arrow Highway (12/2003 to 4/2004) .:. Prepared trip generation calculations for various retail and "Big Box' stores in conjunction with a March 2004 ballot measure in Contra Costa County for Mark R. . Wolfe & Associates (1/2004 to 2/2004) Tom Brohard and Associates :. Tom Brohard, PE, Page 5 .:. Prepared critique of the Initial Study/Mitigated Negative Declaration and the associated transportation impact analysis for the S&S Farms and Hancock Property Residential Development Plan in the City of BrentwOod for Adams Broadwell Joseph & Cardozo (2/2004) .:. Prepared critiques of the traffic impacts identified in the Mitigated Negative Declarations as well as subsequent rebuttal to responses to these comments for the Bayfront Live Work Project in the City of Hercules for Adams Broadwell Joseph & Cardozo (4/2003,10/2003, and 2/2004) .:. Conducted the City Wide Traffic Calming Study of Residential Streets in the City of San Femando including development of traffic calming guidelines and specific recommendations addressing over 70 "Hot Spots. throughout the City including monthly presentations at Transportation & Safety Commission meetings and a presentation of the Final Report to the City Council (5/2003 to 1/2004) .:. Prepared critique of the Initial Study/Mitigated Negative Declaration and the associated transportation analysis for the Cottonwood Christian Center in the City of Cypress for the City of Los AJamitos (112004) , i. .:. Prepared critique of the Recirculated Draft EIR and the associated transportation analysis for the Sand Creek Specific Plan in the City of Antioch for Adams Broadwell Joseph & Cardozo (1/2004) .:. Prepared critique of the Initial Study and the associated traffic impact studies for the West Dublin Transit Village in the City of Dublin for Adams Broadwell Joseph & Cardozo (11/2003 to 1/2004) .:. Prepared critiques of the Initial Study and the' Recirculated Initial Study/General Plan Amendment and Rezoning for the Jack Parker Trucking Site in the City of San Pablo for Adams Broadwell Joseph & Cardozo (9/2003 and 11/2003) .:. Prepared critique of the traffic impacts identified in the Draft EIR and rebuttal to responses to comments in the Final EIR for the proposed Wal-Mart in the City of Fremont for Mark R. Wolfe & Associates (7/2002 to 10/2003) .:. Prepared critique of the traffic impacts identified in the Draft EIR, rebuttal to responses in the Final EIR, and testimony at a public hearing regarding the Alpine Village Shopping Center in San Diego County for Shute, Mihaly, & Weinberger (6/2002 to 10/2003) . . .:. Prepared critique of the traffic impacts identified in the Draft EI R, rebuttal to responses in the Final EIR, testimony at public hearings, and assistance during settlement negotiations regarding the 2000 Avenue of the Stars Project in Century City in the City of Los Angeles for Tract No. 7260 Association (9/2002 to 10/2003) '. Tom Brohard and Associates Tom Brohard, PE, Page 6 . .:. Prepared critique of the traffic impacts identified in the Draft EIR for the Glen Lorna Ranch Project in the City of Gilroy for Adams Broadwell Joseph & Cardozo (9/2003) .:. Prepared critique of the traffic impacts identified in the Initial Study and the Traffic Impact Analysis for the Ryder Homes Project 'in the City of Oakley for Adams Broadwell Joseph & Cardozo (9/2003) .:. Prepared critique of the traffic impacts identified in the Initial Study and the Traffic Impact Analysis for the Ravenswood Residential Project in Contra Costa County for Adams Broadwell Joseph & Cardozo (8/2003 to 9/2003) .:. Prepared critique of the traffic impacts identified in the Draft Subsequent EIR for the proposed Boronda Crossing Commercial Project in the City of Salinas for Mark R. Wolfe & Associates (8/2002 to 9/2003) .:. Prepared four grant applications to Caltrans for $1,115,000 of Hazard Elimination Safety funding to modify traffic signals and to upgrade regulatory, warning, and street name signs in the City of Santa Ana (3/2003 to 8/2003) .:. Prepared critique of the traffic impacts identified in the Draft EIR and the Traffic Impact Analysis for the Bluerock Business Center Project in the City of Antioch for Adams Broadwell Joseph & Cardozo (8/2003) .:. Prepared critique of the traffic impacts identified in the Draft EIR for the Clark Road . Residential Project in the City of Richmond for Adams Broadwell Joseph & Cardozo (8/2003) .:. Prepared critique of the traffic impacts identified in the Initial Study and the Traffic Impact Analysis for the Sky Ranch Residential Project in the City of Antioch for Adams Broadwell Joseph & Cardozo (7/2003 to 8/2003) .:. Prepared critique of the traffic impacts identified in the Draft EIR for the Cal Poly Student Housing North Project in the City of San Luis Obispo for Adams Broadwell Joseph & Cardozo (7/2003) .:. Prepared critique of the traffic impacts identified in the Final EIR for the Lake Jennings Ralph's Shopping Center in San Diego County for SOFAR and Shute, Mihaly, & Weinberger (3/2003 to 7/2003) .:. Prepared critique of the traffic impacts identified in the Draft EIR for the Cypress Grove Residential Project in the City of Oakley for Adams Broadwell Joseph & Cardozo (6/2003) .:. Prepared critique of the traffic impacts identified in the Draft EIR for the McKean Road Sports Complex in Santa Clara County for Shute, Mihaly, & Weinberger (5/2003) . Tom Brohard and Associates . Tom Brohard, PE, Page 7 .:. Prepared grant application to Caltrans for $448,000 of Safe Route to School funding to upgrade all school signs at 68 public and private schools in the City of Santa Ana (3/2003 to 5/2003) .:. Prepared critique of the traffic impacts identified in the Traffic Impact Analysis for the Blossom Valley Middle School for the Dunbar Lane Task Force in San Diego County (4/2003 to 5/2003) .:. Prepared critique of the traffic impacts identified in the Draft EIR and the Traffic Impact Analysis for the Bettencourt Ranch Aggregate Mining Project in Merced County for Weinberg, Roger & Rosenfeld (4/2003) .:. Conducted a complete review of the General Plan Circulation Element for the City of . Huntington Beach including comparisons to the Orange County Transportation Authority's Master Plan of Arterial Streets and drafted a Request for Proposal to update the City's Circulation Element (8/2002 to 4/2003) .:. Prepared critique of the traffic impacts identified in the Traffic Impact Analysis for the proposed Wal-Mart in the City of Gilroy for Mark R. Wolfe & Associates (2/2003 to 3/2003) :. .:. Prepared critique of the traffic impacts identified in the Draft EIR for the Waterfront/Downtown Mixed Use Project in the City of Vallejo for Adams Broadwell Joseph & Cardozo (2/2003) .:. Provided expert witness evaluation of the traffic impacts caused by simultaneous construction of various Alameda Corridor Transportation Authority projects for Sullivan, Workman, & Dee (12/2002 to 2/2003) .:. Conducted 12 training sessions in Urban Street Design Fundamentals for the Engineering Department staff in the City of Torrance (4/2001 to 4/2002 and 10/2002 to 12/2002) .:. Prepared critique of the traffic impacts identified in,the Transportation Impact Study for the Western Research Campus in the City of Richmond in Contra Costa County for Adams Broadwell Joseph & Cardozo (11/2002) .:. Evaluated Conditions of Approval for the proposed intersection of Mulholland Highway and Hazel Nut Court in Los Angeles County and provided testimony to the Board of Supervisors for Seminole Springs Mobile Home Park (11/2002) .:. Reviewed the Traffic Impact Analysis prepared for the Pacific City Project for the City of Huntington Beach (9/2002) . .:. Prepared critique of the traffic impacts identified in the Draft EIR for North Yorba Linda Estates in the City of Yorba Linda for Shute, Mihaly, and Weinberger (9/2002) Tom Brohard and Associates Tom Brohard, PE, Page 8 .:. Conducted the Hacienda Road Traffic Calming Study and presented the final report . at locally televised meetings of the Traffic Committee and the City Council in the City of La Habra Heights (10/2001 to 9/2002) .:. Prepared critique of the traffic impacts identified in Initial Studies with Traffic Impact Analyses for three residential subdivisions in the City of Pitts burg for Adams Broadwell Joseph & Cardozo (8/2002) .:. Conducted the City Wide Traffic Safety Study and presente(! the final report at meetings of the Traffic Committee and the City Council in the City of Rolling Hills Estates (4/2001 to 5/2002) .:. Prepared critique of the traffic impacts identified in the Draft EIR, rebuttal to responses, and testimony at a public hearing regarding extensions of Corona and Valley View Avenues in the City of Norco for C. Robert Ferguson (1/2002 to 4/2002) .:. Prepared critique of the traffic impacts identified in the Draft Initial Study and Environmental Assessment, rebuttal to responses, and testimony at public hearings before the Ventura County Board of Supervisors regarding intersection improvements proposed by Caltrans at State Route 118/State Route 34 in Ventura County for the Community of Somis (12/2000 to 10/2001) Tom Brohard and Associates . . . . . l'ecI1n\t;!iCclllsUItillqn,OItaAnalyslsw I,IIIPlloifSUJlPOrnorihe~ SOIUW ATERlAIR PROTECllON ENTERPRISE 20 I Wilshire Blvd., Second Floor Santa Monica, California 90401 Fax: (310) 393-4909 Matt Hagemann Tel: (949) 887-9013 Email: piliaQ"emann((i)swaoe.com October 26, 2005 Gloria Smjth Adams Broadwell Joseph & Cardozo 651 Gateway Boulevard, Suite 900 South San Francjsco, California 94080 Dear Ms. Smjth: We have reviewed the Draft Temecula Regional Hospital Environmental Impact Report, as prepared on September 26,2005 for the City ofTemecula. We have the following comments on the proposed project's potential for impacts on water quality. We have also noted in our review that the DEIR failed to discuss potentially significant issues related to hazardous waste and the geologic setting, including proximity to the Elsinore Fault and the potentjal for liquefactjon. 1. The EIR Fails to Identify Hazardous Waste Sites The proposed hospjtal is located within 250 feet of two gas statjons where leaking underground fuel tanks are the subject of ongoing assessment and cleanup activities. A Chevron station at 31669 Hwy. 79 is listed as open at the CallEP A "Geotracker" web site (htto://l>'eotracker.swrcb.ca.!!'ov/reoortslluft.a5IJ ?l>'lobal id=T0606599286&assjmed nam e=MAINSITEt Contaminants in groundwater are gasoline-related, including methyl tert-butyl ether (MTBE), tert-buytl alcohol, (TBA) and toluene. An ARCO station at 44239 Margarita Road is listed at the Geotracker web site as undergoing assessment and cleanlip activities (htto:! /l>'eotracker .swrcb.ca.l>'ov/reoortsl1uft.aso?l!lobal jd=T060659925 5&assi med nam e=MAlNSITEt As with the Chevron station, contaminants in groundwater include gasoline-related compounds. These gas stations are listed by the City ofTemecula in the General Plan as "open fuel leak cases. In accordance with the City's General Plan: "any new development that invol~es contaminated property will necessitate the clean up and/or remediation of the property in accordance with applicable federal, State, and local requirements and regulations. No construction will be pennitted to occur at such locations until a no further action or similar determination is issued by the City's Fire Department, Department of Toxic Substances Control, Regional Water Quality Control Board, and/or other responsible agency." httn://www.citvoftemecula.onycitvhalI/CommDevDivision/Planninl1ll!DundatelFj nal%20EIR/5 7%20Hazards%20and%20Hazardous%20Materials.ndf . The project is located adjacent to two sites that are listed as open and are actively undergoing assessment and cleanup for hazardous materials. The EIR does not acknowledge these sites and their cleanup status. Groundwater is less than 25 feet below the ground surface at the project location and exposure to the gasoline-related compounds via the water or vapor pathways is possible during construction and within buildings pot- construction. Therefore, a full DEIR should be P'~l""OO to identifY potentially signjficant jmpacts of contaminant exposure to ...v,L"" and hospital staff and patients to these contaminants. Any pathways of exposure that would result in risk to human health should be mitjgated prior to constructjon. 2. The EIR Fails to Identify the Location of the Project Near an Active Fault Zone The EIR does not disclose that the project is located within 2500 feet of the Elsinore Fault, a fault that has generated a magnitude 7.0 earthquake along its southern segment in the late 1800s. The Temecula General Plan jdentifies the Elsinore Fault as an Alquist- Priolo Earthquake Fault Zone. This designation, pursuant to Califomja's Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code, Section 2621 et. seq.) Ijmits the types of construction and other activities that can occur within the Elsinore Fault Zone to prevent damage associated with ground surface rupture. . A DEIR should be prepared to fully disclose the potential significant impacts on the project from earthquake shaking and fault rupture. In accordance with the General Plan, the DEIR should include completion of geologic investigation by a State-Ijcensed engineering geologist is required to demonstrate that the project will not be constructed across any traces of the Elsinore Fault. If an active fault is found, a structure for human occupancy cannot be placed over the trace of the fault and must be set back from the fault in accordance with the California Public Resources Code. 3. The EIR Fails to Identify the Location of the Project in a Liquefaction Hazard Zone According to the Temecula General Plan, and as shown in the following figure, the area underlying the proposed project is especially prone to liquefaction and has been mapped in a "liquefaction hazard zone" (J1ttn://www.cjtvoftemecula.orl1lcitvhall/CommDevDjvisjon/Planninl1ll!DundatelFjnal%20 EIR/5 6%20GeolollV''1020and%20SoiIs.ndf_ p. 5.6-4). . 2 . F"'I!'I!"!i.6-t SlifSfuloHd'ard$ ........ :_;..~~lc;;.~ iI!--' f~"~J~ :-i!-~~: ~~~: ; :'-~~' :~~~.~.,... '.:=-&t-~~ - ,;;. .. '\ ( " 11,.. . ',itA ~~..: u .. L~ :H-.:H' l :.w. ;- - ---=-.. -" ~ i. The EIR fails to discuss the geologic setting of the project and fajls to identity the project's location within a liquefaction zone. A full DEIR should be prepared to identity that the area under that proposed hospital is prone to liquefaction and to identity specific ways in which these conditions can be mitigated. . 4. The DEIR fails to Discuss 303(d) Impaired Water Body Listing of Nearby Waters Twelve miles of Murrieta Creek are listed on the 303( d) list as an impaired water body for phosphorous pollution. The San Diego Regional Water Quality Control Board has listed sources to include urban runoff and storm sewers, unknown nonpoint sources, and 3 unknown point sources (httn://www.waterboards.ca.l!ov/tmdlldocs/2002reI!9303dljst.ndfl. Additionally, 18 miles of the Santa Margarita River, the primary drainage course within the Planning Area, are also Ijsted as impaired for phosphorous from the same sources. The DEIR states that Murrieta Creek is one of two main tributaries to the Santa Margarita River: "The creeks drain the inland portjon of the Santa Margarita River Basin and join with the Santa Margarita River at Tcmecula Canyon." (pg. 5.8-3) . Although the Regional Board's TMDL priority is classified as "low" for Murrieta Creek, the potential for additional phosphorous contamination from the development project should be evaluated in the a revised DEIR. Urban runoff typically contains phosphorous as a main pollution component. Since potential exists for phosphorous contamination to travel downstream into the Santa Margarita River, further degradjng its water quality, jt is imperative that mitigation measures as specific BMPs be addressed within the DEIR that describe how phosphorous contamination will be prevented from entering the Murrieta Creek. Furthermore, the DEIR states that flooding of Murrieta Creek banks has occurred during times of heavy rain: "Frequent overtopping of the Murrieta Creek channel by floodwaters in a number of channel reaches, flood inundation of structures with attendant damages, and other water-related problems are caused during major rainstorms, resulting in increased emergency costs, automobile damage, and traffic disruption. Murrieta Creek has been altered since the late 1800s and has been channelized for flood control purposes since the 1930s. Restoration of the natural functions of the creek is planned, including the banks, channel invert, tributaries and floodplain." (pg. 5.8-3) . It is important that this flood potential be mitigated prior to development to protect water quality of Murrjeta Creek and its tributaries. Flooding of the developed site can contribute urban contaminates to the creek, which include but are not limited to debris, oil, grease, herbicides, and nutrients from fertilizers such as phosphorous. Mitigation measures should be evaluated in the DEIR and implemented upon development. 5. Failure Achieve NPDES General Permit No. CAS000002 Requirements Applicants of construction projects disturbing one or more acres of soil are required to file for coverage under the State Water Resources Control Board (SWRCB), Order No. 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002 for Discharges of Storm Water Runoff Associated with Constructjon Activity (General Permit). The proposed development is thus subject to the NPDES permit requirements. The General Permit also requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP should contain: . 4 . . a sjte map which shows the construction site perimeter; . existing and proposed buildings, lots, roadways, storm water collection and discharge points; . general topography both before and after construction; . drainage patterns across the project. The SWPPP must list Best Management Practices (BMPs) the discharger will use to protect storm water runoff and the placement of those BMPs. The DEIR fails to meet the NPDES General Permit No. CAS000002 requirements and does not include a SWPPP, nor discuss specific mjtigation BMPs. Additionally, the DEIR omits the discussion of post-construction stormwater management best management practices (BMPs) as required by Sections A of the SWPPP in accordance with NPDES General Permit. Given post-construction adverse jmpacts on water quality associated with the project's operation, such as anticjpated water pollution due to increased traffic volumes, typjcallandscaping upkeep, and equestrian uses of trails, discussion of post-construction stormwater BMPs is critjcal to ascertain the effectjveness of these BMPs to mitigate such operational jmpacts and meet applicable water quality attainment objectiveS. '. The DEIR omits the inclusjon of water quality monitoring programs as required by Sections B of the SWPPP in accordance with NPDES General Permit. The NPDES permit requires that a SWPPP also include a salnpling and analysjs strategy and sampling schedule for discharges from construction activities that directly impact water bodies listed on the Regional Water Quality Control Board's Sectjon 303(d) impaired water bodies list for sedimentation. Since both Murrieta Creek and Santa Margarita River are listed on the Regjonal Board's 303(d) list as impajred for phosphorous, a revised DEIR should be prepared to include a monitoring plan for the establishment of baseline water quality conditions, prior to construction, to evaluate and validate the effectiveness of the BMPs, to measure the ,,;r,,~;; veness of the BMPs and avoid further degradation of the impaired waterways. 6. The DEIR Contains an Inadequate Water Supply Assessment '. The project js subject to the requirements outlined by the California Water Code section 10910, also known as SB 610. This law requires that the public water system, which in this case is the Rancho California Water District (RCWD), prepare a Water Supply Assessment (WSA). This assessment is included as Appendix G within the DEIR. However the assessment js jnsufficient according to SB 610 and fails to meet the following requirements as outlined within the bill: Groundwater - Basin Description, PWS Pumping, and Sufficiency Analysis 10910. (f) If a water supply for a proposed project includes groundwater, the following additional information shall be included in the Water Supply Assessment.' , ., 5 (3) A detailed description and analysis of the amount and location of groundwater pumped by the public water system, or the city or county if either is required to comply with this part pursuant to subdivision (b),for the past jive years from any groundwater basin from which the proposed project will be supplied The description and analysis shall be based on information that is reasonably available, including, but not limited to, historic use records. (4) A detailed description and analysis of the amount and location of groundwater that is projected to be pumped by the public water system, or the city or county if either is required to comply with this part pursuant to subdivision (b) from any basin from which the proposed project will be. . The DEIR explains that additional water supply for the project will be available via local groundwater sources: "To accommodate future developments such as the Temecula Regional Hospital, the RCWD intents to meet supply planning issues through a combination of the following alternatives: (I) Continued practjce of managing groundwater levels through natural and artificjal recharge via groundwater extracted using existing and planned RCWD-owned wells. . . " (pg. 4-34) However, the WSA does not include a "detailed description and analysjs" of the most recent groundwater usage, including source locations and pumped volumes for the past five years, or provide a detailed descriptjon of projected water usage volumes, as mandated by points (3) and (4). . Additionally, within the WSA (pg. 7) the following js stated regarding groundwater volume: "The amount of groundwater which can be produced varies due to such factors as rainfall, recharge area and amount and location of well pumping capacity." In the event of a drought with decreased surface water flows the WSA states that "increased groundwater extractions along with implementation of conservation and other measures" will makeup the difference. Without calculated projected groundwater volumes there is no way to guarantee that groundwater can be consjdered an adequate source. The DEIR needs to quantify the range of variable groundwater volume and then evaluate the most conservative scenario to demonstrate quantjtatively that water demand will still be achieved. . 6 ~ .... Sincerely, . luwKY! {-cv'><./----- Matt llagernaDII Lisa cuellar 7 ,... '.' . " "'" lj' , Mitiik~.: ". 'jt ,', ",',",, " .,'tllJ~ " , .~ '~," .....;~..- ", '.ami/L1d rimr~;'~~'~C'/alt1t "l'll~I)' .. ' , . $U ,,~I."""Vl'" , , , , ',."v." ',.'.. M~..t~~~~.. b1:~~II.JJ~\1\lli.IIl\tlJm..~:te~ Bf4tt1jfi\Ol<ijjl~~fll~~ ' L1tllJJ~~ ' ,~~i\Vt_, ~ :~~~,;:,,", , "_'0_.'. ",,, ,'_ ," :l\di$';:~iG~iCii:lifomta:Stl@umVlltSiryLOS ~llili,~:Mtiil~;'~A. filM" .~;~~l1A'lPg}.,.~IiJ*'S~VlliYIl1llity';A~~llli:dA.1911Z< . '" ';;;;;;.....,;;.;i;,...=,,~~'S ;,..... u'" .' ..'~ "".....Pin 'I""" "";'~""..;;~_,~,..,_~,' 'l!I.en~.",lIl~tlf:Q."""1W!l.'.."lll'''~'w"""",~,:, I, '.' 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'J1:.$\EPkill".ili'eiit,...., ,;i',,,,"~,,,,,-~",,,..__,...i.'-"'_''''''''h''';;,'' ...~~~~1J'~. ._ 't.nJ'9,1n; "'.' 7~~~,1W" 0 ~. ",.".' . ,M~. ~~~".l-~~ ~~ '~"':;";"'~'..JI,t..:.. 't....;., :'-Sic.l",~~..........;fum'(IU:"ioo.'''''''Ul....i)'''''''''''''h'o'I'~''.'';-'''i1lIi:r;' " ,.' _",Iq~". ,1>-., ",.1"~,J'>,lo\,,, "".r.....". ,..____,.,""-''''''"''y"" ~n;wtt?.; l!l!l~t1.$. :AA~'~ on # !rCf,JmIOlll,~ol!billl1' or fila ;(:JAlii1tij> ~~Ai\1.. ,.~ttii~~watet:,.€;illfoniIa~;~'~~. , "~~~l'~~ 19!12;;"Q~"*~~'P~"'liiqJi:ldi~J!iWtrnl!IAA9"~,*,-:a~ '~""'1~; "'~!!W:_J'i;...Pt~Iij~~18U~,j,f,~~SUft>li\",,l~M;5Sj ''q~ul\im'~~; . .. '. ';~,,!~: Ii . . \. . Comments on Air Quality Draft Environmental Impact Report 'I I. TEMECULA REGIONAL HOSPITAL CITY OF TEMECULA, CALIFORNIA, Prepared by Petra Pless, D.Env. Leson & Associates (415) 492-2131 October 27, 2005 '. " . Table of Contents I. THE PROJECT IS INCONSISTENT WITH THE GENERAL PLAN...............2 II. PROJECT DESCRIPTION AND ENVIRONMENTAL Sn. Hl-lG ARE INADEQUATE ...........................................................................................................3 II.A Project Construction Schedule And Equipment Insufficiently Described..........................................................................................................3 II.B No Grading Plan Or Cut-And-Fill Analysis ...............................................4 II.C Mechanical Equipment Not Adequately Described ..................................4 II.D Insufficient Information To Evaluate Cumulative Impacts......................5 II.E Particulate Matter Ambient Air Quality Standards Not Correctly Identified. ..... ............ ................... ......................... ................................ ............6 II.F PM2.5 Emissions Not Analyzed ...................~...............................................7 II.G No Health Risk Assessment Included.........................................................7 . III. THE DRAFT EIR IMPROPERLY DEFERS DEVELOPMENT OF MITIGATION PLANS AND MITIGATION MEASURES ARE NOT ENFORCEABLE...........................................................................................;.............8 IV. CONSTRUCTION EMISSIONS ARE UNDERESTIMATED .....................:....8 IV.A Incorrect Construction Period Used For Emissions Estimates.................8 IV.B Model Default Values Not Acceptable ......................................................10 IV.C Fugitive Dust Emissions From Wind Erosion And Trackout Not Included..........................................................................................................10 V. OPERATIONAL EMISSIONS ARE UNDERESTIMATED............................ll V.A Emissions Sources Omitted.........................................................................11 V.B Emissions From Natural Gas Usage Not Included ..................................12 V.C Incorrect Target Year Results In Underestimate Of Vehicle Emissions........................................................................................................12 V.D Traffic Emissions Underestimated .............................................................13 V.E Secondary Emissions From Electricity Generation Not Included .........13 VI. INCREASED OZONE FORMATION DUE TO URBAN HEAT ISLAND EFFECT IS NOT ANALYZED ...............................................................................14 . i . VII. ADDmONAL MITIGATION IS FEASIBLE ....................................................14 VII.A Additional Feasible Construction Mitigation...........................................15 VII.A.l Fugitive Dust Mitigation Measures............................................ 15 VII.A.2 Diesel Exhaust Mitigation Measures.......................................... 19 VII.A.2.a CARB-certified Construction Equipment................ 20 VII.A.2.b Post-combustion Controls.......................................... 21 VII.A.2.c PuriNOx....................................... ................................ 23 VII.B Additional Feasible Operational Mitigation.............................................24 VII.B.l Operational Traffic Mitigation Measures.................................. 25 VII.B.2 Operational Area Mitigation Measures.................................:... 27 VII.B.3 Mitigation For Urban Heat Island Effect ................................... 29 VII.B.3.a Reduction Of Standard Paving By 20% ................... 29 VII.B.3.b Use Of Energy Star Roof Products........:................... 30 VIII. CONCLUSION .........................................................................................................33 List of Tables . Table 1: Project Cons~uction Phases...................................................................................9 List of Exhibits Exhibit 1: URBEMIS2002 Modeling Output for 36-month Construction Period and Vehicle Emissions Target Year 2009 . ii . . I. COMMENTS The City of Temecula ("City") as the Lead Agency under the California Environmental Quality Act ("CEQA") has prepared a Draft Environmental Impact Report1 ("Draft EIR") for the proposed Temecula Regional Hospital ("Project"). The proposed Project consists of a General Plan amendment, Zone Change, Development, Plan, Conditional Use P~rrnit ("CUP"), and a Tentative Parcel Map to allow the development of a proposed regional hospital to serve the City of Temecula , and surrounding area. The Project includes construction of a 408,160-square foot, 2-tower hospital complex containing approximately 320 beds, two medical offices totaling approximately 14,000 square feet, a 10,000-square foot cancer center, an 8,OOO-square foot fitness rehabilitation center, and a helipad. Total building area is approximately 566,160 square feet on the 35.51 acre site. Approximately 1,278 parking spaces will be provided on surface lots. The Project will be constructed in five phases. (Draft EIR pp. 3-4 through 3-8.) CEQA has two basic purposes, neither of which this Draft EIR satisfies. First, CEQA is designed to inform decision makers and the public about the potential, significant environmental effects of a project before any decisions are made. (14 Calc Code Regs. ("CEQA Guidelines") Section 15002(a)(1).) A Draft EIR is the "heart" of this requirement. (No Oil, Inc. V. City of Los Angeles (1974) 13 Cal. 3d 68, 84 [118Cal. Rptr. 34].) The EIR has been described as "an environmental' alarm bell' whose purpose it is to alert the public and its responsjble officials to environmental changes before they have reached ecological points of no return." (County of In yo V. Yorty (1973) 32 Cal. App. 3d 795, 810 [108 Calc Rptr.377].) To achieve this goal, an EIR must contain facts and analysis, not merely bare conclusions. (See Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Calc 3d 553, 568.) Second, CEQA directs public agencies to avoid or reduce environmental damage when possible by requiring alternatives or mitigation measures. (CEQA Guidelines ~ 15002(a)(2) and (3). See also Citizens of Goleta Valley V. Board of Superuisors (1990) 52 Cal. 3d 553, 564 [276 Cal.Rptr. 410, 416]; Laurel Heights Improvement Ass'n V. Regents of the University of California (1988) 47 Cal. 3d 376, 400 [253 Cal. Rptr. 426, 436]).) CEQA section 21002 requires agencies to adopt feasible mitigation measures in order to substantially lessen or avoid otherwise significant 1 City of Temecula, Draft Environmental Impact Report, TemecuIa Regional Hospital, SCH# 2005031017, September 26, 2005. Pless, Comments On Ternecula Regional Hospital Draft Environmental Impact Report, October 27, 2005 . . adverse environmental impacts of a proposed project. (See Pub.Res.Code !j21081(a); CEQA Guidelines !j15370.) To effectuate this requirement, ElRs must set forth mitigation measures that decision makers can adopt at the findings stage of the process. (CEQA Guidelines !j15126(c).) F9r each significant effect, the EIR must identify specific mitigation measures. Where several YV;CHtial mitigation measures are available, each should be discussed separately and the reasons for choosing one over the other should be stated. (CEQA Guidelines !j15126(c).) Mitigation measures should be capable of "avoiding the impact altogether," "minimizing impacts," "rectifying the impact," or "reducing the impact." (CEQA Guidelines !j15370.) Public agencies must deny ayyLU val of a project with significant adverse effects when feasible alternatives and mitigation measures can substantially lessen such effects. (Sierra Club v. Gilray City Council, 222 Calc App. 3d 30, 41 (1990).) The comments below provide an analysis of the Draft EIR's failure to meet these requirements of CEQA The Draft EIR should be revised to address these issues and be recirculated for public review. I. THE PROJECT IS INCONSISTENT WITH THE GENERAL PLAN The Draft EIR finds a number of significant and unavoidable impacts, necessitating the adoption of a Statement of Overriding Considerations ("SOC") should the Gty certify the Final EIR and approve the proposed Project. (Draft EIR, p. 1-7.) The City of Temecula's General Plan requires that "air quality impacts associated with development projects [be] mitigated to the greatest extent feasible." (General Plan, p. AQ-10, Policy 2.4, emphasis added.) Specifically, the General Plan requires that the Gty "[aJpprove development that could significantly impact air quality, either individually or cumulatively, only if it is conditioned with all reasonable mitigation measures to avoid, minimize, or offset the impact." (General Plan2, p. AQ-13, emphasis added.) As discussed in Comment VlI, the Draft EIR fails to incorporate all mitigation measures recommended by the General Plan to reduce adverse effects on air quality. In addition, as discussed in Comments VlI.A and VII.B, numerous other feasible and reasonable mitigation exist that could reduce the Project's significant impacts on air quality. Therefore, the Draft EIR is inconsistent with the General Plan.. . 2 City of Temecula, General Plan, adopted April 2005. . Page 2 . i. . Pless, Cmnments On Temecula Regianal Hospital Draft Environmental Impact Report, October 27, 2005 n. PROJECf DESCRIPTION AND ENVffiONMENTAL SETIING ARE INADEQUATE An accurate and complete Project description is the heart of an EIR and is necessary for an intelligent evaluation of the potential environmental impacts of a project. As explained in the discussion following Section 15124 of the CEQA Guidelines,3 an EIR must describe the proposed project"in a way that will be meaningful to the public, to the other reviewing agencies, and to the decision- makers..." The state court of appeal declared that " [a]n accurate, stable and finite project description is the sine qua non of an informative and legally adequate EIR." (County of lnyo v. City of Los Angeles (1977) 71 Cal. App. 3d 185, 192 [139 Cal. Rptr. 396,401].) In contrast, "[al curtailed, enigmatic or unstable project description draws a red herring across the path of public input." (ld., at 197-98; see also, CEQA 515124; City of Santee v. County of San Diego, 263 Cal. Rptr. 340 (1989).) As one analyst has noted: The adequacy of an EIR's project description is closely linked to the adequacy of the EIR's analysis of the project's environmental effects. If the description is inadequate because it fails to discuss the complete project, the environmental analysis will probably reflect the same mistake. (Kostka and Zischke, "Practice Under the California Environmental Quality Act," p. 474 (8/99 update).) As discussed in the following comments, the DEIR fails to destribe the Project and its environmental setting accurately and completely. it omits key project features that have the potential to result in significant impacts. As a result, potentially significant environmental impacts were not adequately analyzed or addressed by the Draft EIR. Therefore, the Draft EIR is fatally deficient under CEQA. n.A Project Construction Schedule And Equipment Insufficiently Described The Draft EIR fails to include a detailed construction schedule with the list of equipment that will be used, the horsepower of each piece of equipment, the hours of operation, the type of fuel used, the length and timing of the individual construction phases, and so forth. Further, the Draft EIR contains no information regarding the expected timing of completion of each of the major project phases as well as the buildout horizon for the entire Project. This information is typically provided in an EIR but was not. Without this information, emissions resulting from 3 California Code of Regulations, TiUe 14, Sees. 15000 et seq. (" CEQA Guidelines"). Page 3 Pless, Comments On Temecula Regiorud Hospital Draft Environmental Impact Revort, October 27, 2005 . construction cannot be accurately estimated. As discUssed in Comment IV.B, the Draft EIR uses mostly default assumptions to model construction emissions, which may considerably underestimate emissions. II,B No Grading Plan Or Cut-And-Fill Analysis The Initial Study for the Project finds no significant impacts with respect to geology and soils, relying on a geotecmucal investigation conducted for the Project. The Initial Study fails to include this study for public review. According to the Initial Study, the 5cv;c..hnical investigation recommends over-excavation up to 24 inches below existing grade and recompaction for support of building slabs and pavement. (Appx. A, NOP JInitial Study, p. 16 through 18.) Yet, neither the Draft EIR nor the Initial Study contains a grading plan or any other information regarding the amount of cut and fill necessary for development of the site or the projected amount and location of spoils, if any. Review of the Draft EIR's emissions modeling suggests that only some minor amount of material will have to be imJ exported4. This suggests that the Draft EIR largely relies on balancing the amount of cut and fill of native soil on site with no additional import of fill material or export of excess cut material. Yet neither the Initial Study nor the Draft EIR contains any information demonstrating . that cut and fill can, in fact, be balanced on site. This information is typically derived from a grading plan- which would ordinarily be provided in an EIR but was not. If cut and fill can not be balanced on site, material would have to be imported or exported, which causes additional emissjons. II.C Mechanical Equipment Not Adequately Described The Project requires a variety of mechamcal equipment including heating and air conditioning equipment, emergency generators, boilers, and so forth. None of this equipment is described with any detail in the Draft EIR. Draft EIR provides only the following vague statement: " A truck loading area and facilities plant will be located at the eastern edge of the hospital, south of the helipad. This area provides infrastructure needed to support the hospital, such as a loading dock, cooling tower, generators, transformers, a fuel tank, and a bulk oxygen storage area." (Draft EIR, p. 3-4.) Review of the Project site plan indicates three cooling towers, two emergency generators, two transformers, and a fuel tank located in the mechanical yard. (Draft EIR, p. 3-5, Figure 3-2.) The Draft EIR's noise impact analysis further indicates that · URBEMIS2002 modeling assumes 18 vehicle miles traveled ("VMT") for on-road truck travel during the grading phase, suggesting a minimal im/ _..t'~.; of materials, approximately 2500 cubic yards based on the t"~b'..m's default values. TIrls small amount of material is most likely export of existing . pavements, utilities, and other deleterious material that has to be removed from the site. Page 4 . Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27, 2005 the mechanical equipment room, which is proposed to be located inside the Phase IB hospital building, adjacent to the mechanical yard, will contain pumps, chillers, and boilers. Air conditioning and refrigeration units and their associated inlet and outlet exhaust systems will be located on the hospital's rooftop. (Draft EIR, p. 4-63.) This limited information, scattered over several chapters of the Draft EIR, is entirely inadequate to dp.termine emissions and resulting environmental impacts frQm operation of the mechanical equipment. A complete and accurate project description must include the fuel, firing rate, and number of boilers; the capacity for the two emergency generators; the type and efficiency of the y,vIN~ed pollution control equipment; the circulating water flow and total dissolved solids ("IDS") content of the cooling water; the drift rate of the cooling towers; and the information' required to model these sources, e.g., stack location, height, diameter, exhaust gas flow rate, temperature, and so forth. Without knowledge of these characteristics, it is impossible to d<.k'hJne emissions from this equipment and, in fact, they were not included in the vy<..c..tional emissions estimates for the Project. (See Comment V.A.) , II.D Insufficient Information To Evaluate Cumulative Impacts i. Section 15130(a) of the CEQA Guidelines requires a discussion of cumulative impacts of a project" ... when a project's incremental effect is cumulatively considerable." The Draft EIR finds significant and unavoidable impacts of the Project on air quality and, thUs, also significant and unavoidable cumulative impacts. The Draft EIR evaluates impacts "based primarily on 21 related projects identified by the Gty of Temecula." For a description of 17 of these projects, the Draft EIR relies on a 2002 traffic impact analysis for another project, the Apis Plaza. Rather than providing a summary of these projects in the cumulative impacts analysis section, the Draft EIR refers the reviewer to the traffic impact analysis contained in Appendix 0 for further information. Yet Appendix D does not contain any information beyond the name and proposed uses of these projects and their projected trip generation; it claims that the Apis Plaza Traffic Impact Analysis is contained in its Appendix E, but the Initial Study fajled to include this document. Further, the Draft EIR claims that four additional projects were supplemented, yet it fails to supply any information on these projects. (Draft EIR, p. 6-1 and Appx. D, p. 9.) The Draft EIR contains no information for any of these 21 projects, for example the time period over which they will be constructed, their <..;y<.~ted buildout, or the air quality impacts resulting from their construction or operation In short, the information provided in the Draft EIR is entirely inadequate to assess the cumulative impacts on air quality resulting from the Project. , , '. Page 5 Pless, Comments On Temecula riegional Hospital Draft Environmental Impact Report, October 27,2005 . II.E Particulate Matter Ambient Air Quality Standards Not Correctly Identified Particulate matter is emitted from two sources, engine exhaust and fugitive dust. The health impacts of particulate matter depend on its size, and the size depends on its source. Combustion sources, such as vehicle exhaust, predominantly emit particulate matter with an aerodynamic diameter of less than or equal to 2.5 micrometers ("PM2.5"), while fugitive dust consists predominantly of particulate matter less than 10 micrometers ("PM10"). Historically, health impacts due to particulate matter were regulated through ambient air quality standards for PM10. However, a substantial amount of important new research has been published, documenting new health impacts at much lower concentrations and for different size fractions of particulate matter than was previously known and reflected in ambient air quality standards. (U.S. EP A 04/96;5 U.S. EPA 03/01.6) TItis new research documents that the inhalation of particulate matter, particularly the smallest particles, causes a variety of health effects, including premature mortality, aggravation of respiratory (e.g., cough, shortness of breath, wheezing, bronchitis, asthma attacks) and cardiovascular disease, declines in lung . function, changes to lung tissues and structure, altered respiratory defense mechanisms, and cancer, among others. (U.S. EP A 04/%; 61 FR 65638.7) A recent article linked long-term exposure to combustion-related fine particulate air pollution to cardiopulmonary and lung cancer mortality.s Particulate matter is a non-threshold pollutant, which means that there is some possibility of an adverse health impact at any concentration. (See American Trucking v. EP A: Unjustified Revival of the Nondelegation Doctrine, 23-SPG Erivirons Envtl. L & Pol'y J. 17, 26.) 1his new information led the U.S. Environmental Protection Agency ("U.S. EP A") and the State of California to propose new ambient air quality standards for PM2.5. These standards are not subsets of the old PM10 standards, but new standards for a separate pollutant with distinguishable impacts. The new annual s u.s. Environmental Protection Agency, Air Quality Criteria for Particulate Matter, Report EPA/600/P-95-OO1aF through 001cF, April 1996. 6 U.S. Environmental Protection Agency, Air Quality Criteria for Particulate Matter, Second External Review Draft, March 2001. 7 National Ambient Air Quality Standards for Particulate Matter: I'l.~r~o~J Decision, Federal Register, v. 61, no. 241, December 13,1996, pp. 65638-65675. 8 A.A. Pope et al., Lung Cancer, Cardiopulmonary'Mortality, and Long-term Exposure to Fine Particulate Air Pollution, Journal of fue American Medical Association, v. 287, no. 9, pp. 1132-1141. . Page 6 . Pless, Comments On Ternecula Regional Hospital Draft Environmental Impad Report, October 27, 2005 PM2.5 standard of 12 I!g/ m3was adopted by the California Air Resources Board ("CARB") on June 20, 2002 and became effective on June 5, 2003, more than two years before the Draft EIR was published. (Voting on the proposed 24-hour-average PM2.5 standard of 25 I!g/ m3 has been deferred by CARBY) At the same time, California lowered its annual PM10 standard from 30 I!g/ m2 to 20 I!g/m3. (CARB 09/0510.) The Draft EIR also failed to acknowledge this new, lower standard for PM10. (Draft EIR, Table 4-1.) Consequently, the Draft EIR failed to accurately characterize the regulatory setting for the Project. I. , , II.F PM2.5 Erriissions Not Analyzed The Draft EIR does not include an analysis of the Project's impacts on ambient air quality resulting from PM2.5 emissions. This is a significant and inexcusable omission because the South Coast Air Basin ("SoCAB"), where the Project is located, frequently does not meet the federal or State ambient air quality standards for PM2.5. The Draft EIR should be revised to include an analysis of PM2.5 emissions from Project construction and operation and resulting impacts on air quality and human health. :. II.G No Health Risk Assessment Included The Draft EIR identifies several sensitive receptors in the vicinity of the Project including residential developments surrounding the site; nine primary schools, two middle schools, and three high schools within two miles of the Project site; and two parks within two miles of the Project site. (Draft EIR, p. 4-21.) Yet the Draft EIR contains no health risk assessment analyzing the potential health risks for these sensitive receptors resulting from Project construction or operational emissions. Potentially adverse health impacts likely result from toxic air contaminant emissions, including PM2.5, from diesel combustion engines such as emissions from operation of the emergency generators and the diesel trucks that access the loading dock. The Draft EIR should be revised to include a health risk assessment. 9 California Air Resources Board (CARB) and Office of Environmental Health Hazard Assessment (OEHHA), Draft Proposal to Establish a 24-hour Standard for PM2.5, Public Review Draft, March 12, 2002. I . 10 California Air Resources Board, Review of the Ambient Air Quality Standards for Particulate Matter and Sulfates, http:// www.arb.ca.govfresearchfaaqsfstd-rsfstd-rs.htm.. accessed October 26, 2005. Page 7 Pless, Comments On Temecu/a Regional Hospital Draft Environmental Impad Report, October 27, 2005 . III. THE DRAFT Em IMPROPERLY DEFERS DEVELOPMENT OF MITIGATION PLANS AND MITIGATION MEASURES ARE NOT ENFORCEABLE CEQA generally requires that all mitigation measures be adopted simultaneously with, or prior to, project at't'wval (State CEQA Guidelines Section 15192). An agency may defer preparation of a plan for mitigation only when the agency commits itself to satisfying specified performance standards that will ensure the avoidance of any significant effect from implementation of its mitigation measures. Here, the Draft EIR improperly defers the development of most of its mitigation plans into the future without specifying any performance measures, including: ? Location of the staging area for construction (AQ-1); ? Transportation Demand Management Plan (AQ-2; ? Landscape Plan (AQ-4); ? Watering Program (AQ-6); and ? Fugitive Dust Control Program (AQ-7). . Further, several of the mitigation measures (e.g., temporary landscaping, clean-fueled vehicles, construction equipment energy efficiency) required by the Draft EIR are worded ambiguously, e.g., "may require," "when feasible," or "reasonably possible," which renders them unenIv,,,c,,ble as a practical matter. (Draft EIR, p. 4-26 to 4-29.) The Draft EIR must specify specific performance measures and reasons for rejection of these measures if found not feasible or appropriate. IV. CONSTRUCTION EMISSIONS ARE UNDERESTIMATED The Draft EIR finds significant impacts after implementation of its proposed mitigation measures for ROC and NOx. As discussed below, the Draft EIR's air quality analysis considerably underestimates emissions from construction activities and thereby fails to adequately disclose impacts on air quality from Project construction. If these problems are corrected, emissions of CO and PM10 will likely also exceed applicable significance thresholds. IV.A Incorrect Construction Period Used For Emissions Estimates The Draft EIR indicates that construction of the Project will occur in five phases as summarized in Table 1. (Draft EIR, pp. 3-7 and 3-8.) . Page 8 . :. !. Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27,2005 Table 1: Project Construction Phases . Phase IA IB ActivitY ?Grading ? Demolitionof~tingbuildffi~ ? Construction of 3 -story, 60,000-square foot medical office building ? Construction of surface parking ? . Construction of 1-story, 162,650-square foot main hospital structure ? Construction of 6 -story, 122,755-square foot bed tower ? Construction of associated parkinl!; ? Construction of 5-story, 122,755-square foot bed tower ? Construction of 4 -story, 80,OOO-square foot medical office building ? Construction of hospital connector ? Construction of 1-story, 10,OOO-square foot cancer center ? Construction of associated parking ? Construction of 8,000 square foot fitness center ? Construction of joggin!l, trai~ Period 10 months 14 months H ill N . 12 months (II-V concurrent) V Total 36 months Construction of all phases is projected to last a maximum of 36 months if the proposed construction phases (lA, m, and II-V) are conducted subsequently. In contrast, the Draft EIR's construction emissions estimates were based on a 60-month construction period, stmnng in January 2006 and terminating in December 2010. (Draft EIR, p. 4-24, Footnote to Table 4-5 and Appx. B, p. 2.) By stretching construction emissions over a period of 60 months rather than the actual proposed 36-month construction period, the Draft EIR considerably underestimates maximum daily emissjons and, thus, considerably underestimates air quality impacts from Project construction. In fact, construction of the Project could even be shorter than 36 months because nothing in the Draft EIR's language restricts the Applicant to the sta&&G>Gd construction phasing. (See Comment II.A) If more than the specified construction phases would be conducted concurrently, even greater emissions would occur. I ran the URBEMIS2002 model assuming a construction buildout of 36 months and otherwise accepting all of the Draft EIR's assumptions. Results are included in Exhibit 1. Maximum daily ROG emissions increase considerably from 224Ib/ day to 344lb/ day. Therefore, the Draft EIR failed to disclose the magnitude of impacts associated with Project construction. The Draft EIR should be revised to include a construction schedule showing the projected start of the various . construction phases and their expected buildout. The Draft EIR's air quality analysis must be corrected accordingly. Page 9 Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27, 2005 . IV.B Model Default Values Not Acceptable The Draft EIR's construction emissions estimates largely assume URBEMIS2002 default values, which may substantially underestimate the Project's real emissions. For example, the Draft EIR assumes the default factor for average fugitive dust emissions from grading of 0.11 ton/acre-month. By accepting the default value for average conditions, the Draft EIR fails to evaluate the potential worst case, as is customary for CEQA analyses. The default factor for worst-case . condition is 0.42 ton/acre-month. (URBEMIS 04/0511, p. A-7.) Therefore, the Draft EIR may have underestimated potential worst-case conditions during grading of the Project by a factor of almost four. Further, use of this default value is only suggested when no other information is available the area and duration of grading are known. Typically; for a Project of this size, the amount of cut/ fill would also be known. (See Comment II.B.) Another example is the assumption of only 8 hours of construction per day. This assumption directly conflicts with the Draft EIR's statement that "coru>truction activity will occur only between 6:30 A.M. and 6:30 P.M., Monday through Friday and 7:00 A.M. and 6:30 P.M. on Saturday. (Draft EIR, p.4-53). Although the DEIR makes this statement, it should be noted that the dOcument contains no enforceable restrictions on the hours of construction per day and, thus, construction may be conducted for more than the 8 hours per day assumed in the air quality section and more than the 12 hours per day claimed in the noise section of the document. An increase of hours of operation from 8 to 12 hours per day or more would considerably increase the potential daily emissions from the Project. The Draft EIR must either contain an enforceable mitigation measure limiting the permissible hours of construction to the assumed 8 hours per day or it must adjust its emissions estimates accordingly. . IV.C Fugitive Dust Emissions From Wind Erosion And Trackout Not Included The Draft EIR indicates that grading of the entire 35.31-acre site will occur during Phase IA, exposing those portions of the site, which will be developed in later phases (phase ill through V) to wind erosion for an extended period of time. (Draft EIR, p. 3-7.) The URBEMIS2002 emissions modeling used by the Draft EIR to estimate Project construction emissions includes fugitive dust emissions associated 11 Software User's Guide: URBEMlS 2002 for Windows with Enhanced Construction Module, April 2005. . Page 10 . Pless, Comments On Temecu/a Regional Hospital Draft Environmental Impact Report, October 27, 2005 with grading but does not account for wind erosiori12, which can be a substantial contributor to fugitive dust from construction sites, particularly in summer-dry climates such as the SoCAB. Further, the URBEMIS2002 emissions modeling does not account for mud/ dirt trackout from the site. Consequently, the Draft EIR does not disclose the full impact of fugitive dustPM10 emissions from Project construction. Fugitive dust emissions due to wind erosion and trackout can be calculated using guidance developed by the U.S. Environmental Protection Agency ("U.S. EPA"). (AP-42, Sec. 13.2.513; EPA 450/3-88..00814.) V. OPERATIONAL EMISSIONS ARE UNDERESTIMATED '. The Draft EIR's air quality impact analysis considerably underestimates operational emissions from the Project because it omits emission sources, uses inadequate trip generation rates, and fails to include secondary emissions from electricity generation. The Draft EIR finds total operational NOx emissions of 94.5Ib/ day, only 5.5lb/ day below the SCAQMD's significance threshold of 100 lb/ day. This NOx significance threshold will likely be exceeded when taking into account the omitted emission sources, adequate trip generation rates, and secondary emissions from the Project. Similarly, PM10 emissions, currently estimated at 123lb/day, may exceed the SCAQMD's significance threshold of 150 lb/ day. As a result, the Draft EIR fails to disclose and adequately rriitigate significant impacts due to operational emissions of PM10 and NOx. The Draft EIR should be revised to address these issues and be recirculated for public review. V.A Emissions Sources Omitted I J The Draft EIR's air quality impact analysis is based on emissions calculated with the URBEMIS2002 model. The model calculates area source emissions from traffic generated by the Project and emissions from natural gas usage, hearths" landscaping, consumer products, and architectural coatings and operational traffic . 12 The URBEMIS2002 fugitive dust emissions estimates are based on a methodology developed for the SCAQMD by the Midwest Research Institute ("MRI"). (URBEMIS 04/05, p. A~.) The MRI study specifically notes that the emission factors for fugitive dust emissions from construction activities do not include wind erosion or mudl dirt trackout froll! the site. (MRl, Improvement of Specific Emission Factors, HACM Project No.1, Final Report, March 29,1996, p. 4-1.) 13 Compilation of Air Pollutant Emission Factors, Volume 1: Stationary Point and Area Sources, Section 13.2.5, Industrial Wind Erosion, January 1995, corrected on April 13, 2001. ,. C. Cowherd, G.E. Muleski, and J.S. Kinsey, Control of Open Fugitive Dust Sources, EP A 450/3-88- 008, U.S. Environmental Protection Agency, Research Triangle Park, NC, September 1988. Page 11 Pless, Comments On Ternecula Regional Hospital Draft Environmental Impact Report, October 27, 2005 . emissions. The model does not include emissions from the helicopter, the three cooling towers, the two emergency generators, and the boilers. The Initial Study concludes that "[a]rea source emissions such as heaters, air condition units and other machines are not considered significant generator [sic] of emissions." (Nap jInitial Study, p. 7.) This conclusion is unsupported in the text of the Draft EIR and appears to be speculation. Even if emissions from these sources were individually small, they may be cumulatively considerable and must therefore be included in the Project's emissions analysis. The combined emissions from the helicopter, the diesel generators, and the boilers, even if small, may result in exceedance of the NOx significance threshold. For example, typical NOx emissions for commercial light twin-engine helicopters!5 are about 4.0 lb per landing and takeoff ("L TO"), bringing total NOx emissions from the Project within one pound per day of the significance threshold. (oes 10j()4l6, p.6-17.) V.B Emissions From Natural Gas Usage Not Included The URBEMIS2002 model assigns gas usage rates to different land uses, . e.g., residences, industrial, hotel/motel, and office, to calculate area source emissions from the use of gas-fired boilers, furnaces, hearths, etc. The model does not calculate emissions associated with natural gas usage at hospitals. The Project operates a number of, presumably natural-gas fired, equipment, including the boilers and heatingj air conditioning equipment. Emissions from this equipment, which are likely considerable, are not included in the Draft EIR's area emissions estimates for Project operations presented in Table 4-6. V.C Incorrect Target Year Results In Underestimate Of Vehicle Emissions The Draft EIR assumes 2010 as the target year for operational traffic emissions. As discussed in Comment IV.A, construction is assumed to start in January 2006 with a 36 month construction period. Therefore, the target year for 15 The noise analysis stated that the exact model of helicopter to be used at the hospital has not been confirmed but that the Bell 222 has been identified as a model that could potentially be used. The Bell 222, a frequently used helicopter model for emergency transports, is a commercial light twin- engine helicopter. 16 R Billings and D. Wilson, Data Quality Control and Emissions Inventories of OCS Oil and Gas Production Activities in the Breton Area of the Gull of Mexico, Final Report, U.S. Department of the Interior, Minerals Management Service, Gulf of Mexico oes Region, MMS 200(4)71, October 2004. . Page 12 . '. e Pless, OJmments On Temecu/a Regional Hospital Draft Environmental Impact Report, October 27, 2005 operational erriissions should be 2009, not 2010. Because vehicular emissions are assumed to decrease with every year, the calculated operational erriissions for 2010 underestimate actual erriissions at Project buildout, i.e. in 2009. I ran URBEMIS2002 for target year 2009 and otherwise assuming all of the Draft EIR's assumptions. Results are included as Exhibit 1. Erriissions of ROG, NOx, and CO in 2009 are about 10% higher than for target year 2010. This results in NOx erriissions exceeding the SCAQMD's quantitative daily significance threshold. This is a significant impact that was not disclosed in the Draft EIR. V.D Traffic Emissions Underestimated The Draft EIR's URBEMIS2oo2 air quality analysis uses default trip lengths to estimate emissions from Project-related traffic. These default trip lengths do not apply to,traffic associated with a regional hospital. Trips associated with a regional hospital are typically longer and hence traffic erriissions attributable to the Project are higher. In addition, an independent review of the Draft EIR's traffic analysis found a considerable underestimate of traffic generated by the Project, which is not reflected in the URBEMIS2002 default assumptions for traffic. (See Brohard 10/0517.) Consequently, erriissions associated with Project traffic are also underestimated. The Draft EIR's erriissions estimates for Project traffic must be modified to reflect the Project's actual traffic characteristics. V.E Secondary Emissions From Electricity Generation Not Included CEQA requires that an EIR identify direct and indirect significant effects of the project on the environment. (CEQA Guidelines Section 15126.2(a).) The Project will require a substantial amount of electricity, which generates so-called indirect or secondary emissions. The Draft EIR mentions that air pollutant emissions will be generated due to the consumption of electricity and states that these regional erriissions were calculated using erriission factors from the SCAQMD's CEQA Air Quality Handbook. (Draft EIR, p. 4-24.) Yet the Draft EIR fails to account for these erriissions in its presentation of regional erriissions associated with the operational phase of the Project. (Draft EIR, p. 4-25, Table 4-6.) A considerable share of the electricity delivered to the SoCAB is generated by coal-fired power plants, which generate substantial particulate matter and S02 17 Tom Brohard, Brohard and Associates, Letter to Gloria Smith, Adams, Broadwell, Joseph & Cardozo, Re: Review of Tra/lie Portions of the Temecula Regional Hospital Project Focused Environmental Impact Report in the City of Temecula, October 26, 2005. Page 13 Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27, 2005 . emissions. The Draft EIR should be revised to include emissions from electricity generation. VI. INCREASED OZONE FORMATION DUE TO URBAN HEAT ISLAND EFFECf IS NOT ANALYZED The Project would develop 35.31 acres of largely open grass-covered land. The Draft EIR states that lot coverage will consist of approximately 16 percent building area, 30 percent parking area, and 33 percent landscape areas.t8 (Draft EIR, pp. 3-3 and 3-7.) The Project would add several buildings, parking lots, roads, and roofs, thus increasing the amount of existing blacktop. Black sUrfaces absorb about 85% to 95% of the sunlight that falls on them, becoming one of the hottest surfaces in urban areas. The hot surfaces of pavement and similarly dark roofs quickly warm the air over urban areas, leading to the creation of summer urban "heat islands." On a clear summer afternoon, the air temperature in urban areas can be 2 F to 9 F hotter than the surrounding rural area. The elevated temperature increases cooling energy demand, accelerates the rate of smog production, and increases evaporative losses of organic compounds from gasoline tanks of vehicles parked over the hot surfaces. Conversion of open, grass-covered land to build-out areas would increase . local ambient temperatures, thereby contributing to the urban heat island effect and increasing the local formation of ozone. Thus, the urban heat island affect would exacerbate existing exceedances of the ozone standards in the Project vicinity. The SoCAB is not in compliance with either federal or State ozone standards. Thus, the Project would directly contribute to existing exceedances of the federal and State ozone standards, which is a significant impact. (See Kings County Fann Bureau v. City of Hanford (1990) 221 Cal.App.3d 692 [270 Cal.Rptr. 650].) This is a significant impact that was not discussed in the Draft EIR and is feasible to mitigate as discussed in Comment VII.B.3. VII. ADDffiONAL MITIGATION IS FEASIBLE CEQA section 21002 requires agencies to adopt feasible mitigation measures in order to substantially lessen or avoid otherwise significant adverse environmental impacts of a proposed project. (See Pub. Res. Code 921081(a); CEQA Guidelines 915370.) To implement this requirement, an EIR must set forth mitigation measures that decisionmakers can adopt at the findings stage of the Y<V~C.DS. (CEQA . Guidelines 915126(c).) For each significant effect, the EIR must identify specific 18 The Site Plan provided in the Draft EIR suggests a considerably larger percentage of buildings and parking spaces and lower y<<"utage of landscaped areas. (Draft EIR, p. 3-5, Figure 3 -2.) . Page 14 . Pless, Comments On Temecula Regional HospiIal Draft Environmental Impact Report, October 27, 2005 mitigation measures. Where several potential mitigation measures are available, each should be discussed separately and the reasons for choosing one over the other should be stated. (CEQA Guidelines ~15i26(c).) Mitigation measures should be capable of "avoiding the impact altogether," "minimizing impacts," "rectifying the impact," or "reducing the impact." (CEQA Guidelines ~15370.) By the Draft EIR's own admission of "significant unavoidable impacts" and as demonstrated in the comments above, impacts from construction and operation of the Project remain significant after implementation of the Draft EIR's proposed mitigation measures. Therefore, the City must impose all feasible mitigation to mitigate these significant impacts, which it did not. The comments below discuss the specific inadequacies of the Draft EIR's proposed mitigation program and propose mitigation measures that should be implemented to lessen or eliminate the significant adverse effects of Project construction and operation. VIlA Additional Feasible Construction Mitigation . The Draft EIR finds significant and unavoidable NOx emissions from the Project. (Draft EIR, p. 4-29.) As discussed in Comrrient IV, construction emissions are considerably underestimated, likely resulting in significant and unmitigated ROG, CO, and PMiO emissions beyond what is reported by the Draft EIR. As discussed below, there are numerous other relevant and reasonable fugitive dust and diesel exhaust mitigation measures contained in the CEQA guidelines and rules of air districts and other agencies that should also be required for this Project to mitigate its significant construction impacts. VII.A.i Fugitive Dust Mitigation Measures Several agencies have conducted comprehensive studies of fugitive dust control measures to bring their region into compliance with national ambient air quality standards on PMiO. For example, the South Coast Air Quality Management District ("SCAQMD") has sponsored research, passed regulations (e.g., Rule 40319), and published guidelines that identify best management practices for controlling fugitive dusts at construction sites. The Rule 403 Implementation Handbook20 contains a comprehensive list of such measures, which should be incorporated into the Project's Fugitive Dust Control Plan. (See Draft EIR, p. 4-27, Mitigation Measure ,. 1. South Coast Air Quality Management District, Revised Final Staff Report for Proposed Amended Rule 403, Fugitive Dust and Proposed Rule 1186, PM10 Emissions from Paved and Unpaved Roads, and Livestock Operations, February 14, 1997. 20 South Coast Air Quality Management District, Rule 403 Implementation Handbook, January 1999. Page 15 'Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27, 2005 . AQ-7.) Clark County, Nevada, has also sponsored research, passed regulations (Rule 94), and published best management practices for controlling fugitive dust from construction activities.21 Clark County's Constfuctian Activities Dust Control Handbook contains a comprehensive list of best management practices.22 Similarly, Arizona has developed guidance to control fugitive PM10 emissions.23 Several of the measures included in these agency guidelines are feasible and therefore should be considered for adoption here under CEQA Guidelines ~~15126.4, 15091. Examples of such feasible mitigation measures are listed below: ? During clearing and grubbing, prewet surface soils where equipment will be vy"...ted; for areas without continuing construction, maintain live yc>e.uJal vegetation and desert pavement; stabilize surface soil with dust palliative unless immediate construction is to continue; and use water or dust palliative to form crust on soil immediately following clearing/ grubbing. (CCHD) ? Grade each phase separately, timed to coincide with construction phase or grade entire project, but apply chemical stabilizers or ground cover to graded areas where construction phase begins more than 60 days after . grading phase ends. (Rule 403 Handbook) ? During initial grading, earth moving, or site preparation, projects 5 acres or greater may be required to construct a paved (or dust palliative treated) apron, at least 100 ft in length, onto the project site from the adjacent site if applicable. (BCAQMD) ? During cut and fill activities, prewater with sprinklers or wobblers to allow time for penetration; prewater with water trucks or water pulls to allow time for penetration; dig a test hole to depth of cut to d<-~<-,~Jne if soils are moist at depth and continue to prewater if not moist to depth of 'cut; use water truck/pull to water soils to depth of cut prior to subsequent cuts; and apply water or dust palliative to form crust on soil following fill and compaction. (CCHD) 21 P.M. P",nsioli, PMI0 Emissions Control Research Sponsored by Clark County, Nevada, F.~_<._Jings of the Air &:Waste Management Association's 94th Annual Conference &: Exhibition, Orlando, PI. June 24-28, 2001. 22 aark County Department of Air Quality Management, Construction Activities Dust Control Handbook, March 18, 2003. 23 Arizona Department of Environmental Quality, Air Quality Exceptional at\.d Natural Events Policy . PMI0 Best Available Control Measures, June 5, 2001. Page 16 .. Pless, Omments On Temecu/a Regional Hospital Draft Environmental Impact Report, October 27, 2005 . ? r ? ? For backfilling during earthmoving operations, water backfill material or apply dust palliative to maintain material moisture or to form crust when not actively handling; cover or enclose backfill material when not actively handling; mix backfill soil with water prior to moving; dedicate water truck or large hose to backfilling equipment and apply water as needed; water to form crust on soil immediately following backfilling; and empty loader bucket slowly; minimize drop height from loader bucket. (CCHO)24 ? For large tracts of disturbed land, prevent access by fencing, ditches, vegetation, berms, or other barriers; install perimeter wind barriers 3 to 5 feet high with low porosity; plant perimeter vegetation early; and for long-term stabilization, stabilize disturbed soil with dust palliative or vegetation or pave or apply surface rock. (CCHO) ? Barriers with 50 percent or less porosity located adjacent to roadways to reduce windblown material leaving a site. (Rule 403 Handbook) ? In staging areas, limit size of area; apply water to surfacesoils where support equipment and vehicles are operated; limit vehicle speeds to 15 mph; and limit ingress and egress points. (CCHO) Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. (SJVUAPCD, ADEQ) For stockpiles, maintain at optimum moisture content; remove material from downwind side; avoid steep sides or faces; and stabilize material following stockpile-related activity. (CCHO) ? When materials are transported off-site, all material shall be covered, effectively wetted to limit visible dust emissions, or at least six inches of freeboard space from the top of the container shall be maintained. (BAAQMD, SJVUAPCD, Rule 403 Handbook, ADEQ, SLOCAPCD) ? Where feasible, use bedliners in bottom-dumping haul vehicles. (Rule 403 Handbook) . ? Empty loader bucket slowly and minimize drop height from loader bucket. (CCHO) . 24 The following acronyms are used in this listing of mitigation measures: ADEQ'= Arizona Department of Environmental Quality; BAAQMD = Bay Area Air Quality Management District; BCAQMD = Butte County Air Quality Management District; CCHO = Clark County (Nevada) Health District; MBUAPCD = Monterey Bay Unified Air Pollution Control District; SBCAPCD = Santa Barbara County Air Pollution Control District; SJVUAPCD = San Joaquin Valley Unified Air Pollution Control District; SLOCAPCD = San Luis Obispo County Air Pollution Control District. Page 17 Pless, Comments On Temecu/a Regional Hospital Draft Environmental Impact Report, October 27, 2005 . ? Clean wheels and undercarriage of haul trucks prior to leaving construction site. (CCHD) ? Gravel pads must be installed at all access points to prevent tracking of mud on to public roads. (SBCAPCD) ? Install and maintain trackout control devices in effective condition at all access points where paved and unpaved access or travel routes intersect. (CCHD) ? All roadways, driveways, sidewalks, etc., to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. (SLOCAPCD) ? Pave all roads on construction sites. (MBUAPCD) ? To prevent trackout, pave construction roadways as early as possible; install gravel pads; install wheel shakers or wheel washers, and limit site access. (CCHD, SLOCAPCD) ? While clearing forms, use single stage pours where allowed; use water spray to clear forms; use sweeping and water spray to clear forms; use industrial shop vacuum to clear forms; and avoid use of high pressure air to blow soil and debris from the form. (CCHD) ? Limit fugitive dust sources to 20 percent opacity. (ADEQ) ? Require a dust control plan for earthmoving operations. (ADEQ) ? Prior to land use clearance, the applicant shall include, as a note on a separate informational sheet to be recorded with map, these dust control requirements. All requirements shall be shown on grading and building plans. (SBCAPCD, SLOCAPCD) ? The contractor or builder shall designate a person or persons to monitor the dUst control program and to order increased watering, as necessary, to prevent transport of dust offsite. (SBCAPCD, SLOCAPCD) ? . Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hrs. (BCAQMD, CCHD) . While portions of some of these measures are included in the mitigation measures imposed by the Draft EIR, the above measures are far more t'.v~c~;';ve and should all be required in the Project's Fugitive Dust Control Plan. All of these measures are feasible and various combinations of them are routinely required elsewhere to reduce fugitive PMIO emissions. See, for example, the fugitive dust . Page 18 . Pless, Comments On Temecula Regiorud Hospital Draft Environmental Impact Report, October 27, 2005 control program for the Big Dig (Kasprak and Stakutis 20()()25), for the El Toro,Reuse Draft EIR 26, and for the Padres Ballpark Final EIR27. Vll.A.2 Diesel Exhaust Mitigation Measures There are a number of additional mitigation measures that are routinely required as CEQA mitigation by air districts and other agencies in California for construction projects, (e.g., the mitigation programs routinely implemented by the SMAQMD and California Energy Commission ("CEC") decisions), including: ? ? ? ? ? ? :. ? ? ? ? ? Limiting the hours of operation of heavy duty equipment and/ or the amount of equipment in use. (BAAQMD 12/99, p. 53.) Conversion to cleaner engines; Use of cleaner (reduced sulfur) fuel; Add-on control devices, e.g., particulate traps, catalytic oxidizers; Buffer zone between facility and sensitive .c.~':'J:'tors; Installation of high pressure injectors on diesel construction equipment; Restricting engine size of construction equipment to the minimum practical size; Electrification of construction equipment; Substitution of gasoline-powered for diesel-powered construction equipment; Use of alternatively fueled construction equipment, using, e.g., compressed natural gas, liquefied natural gas, propane, or biodiesel; Implementation of activity management techniques including a) development of a comprehensive construction management plan 25 A. Kasprak and P.A. Stakutis, A Comprehensive Air Qu!ility Control Program for a Large Roadway Tunnel Project, r.u-<<.:.ings of the Air & Waste Management Association's 93'd Annual Conference, June 18-22, 2000. 26 County of Orange, Draft Environmental Impact Report No. 573 for the Civilian Reuse of MCAS EI Toro and the Airport System Master Plan for Jolm Wayne Airport and Proposed Orange County International Airport, Draft Supplemental Analysis, Volume 1, April 2001, pp. 2-121 to 2-123. 27 City of San Diego, Final Subsequent Environmental Impact Report to the Final Master Environmental Impact Report for the Centre City Redevelopment Project and Addressing the Centre City Community Plan and Related Documents for the Proposed Ballpark and Ancillary Development Projects, and Associated Plan Amendments, V. N. Responses to Comments, September 13,1999, pp. IV-254 to N-256. . Page 19 Pless, Cnmments On Tenrecula RegionJlI Hospital Draft Environmental Impact Report, October 27, 2005 . designed to minimize the number of large construction equipment vt'"..,ting during any given time period; b) scheduling of construction truck trips during non-peak hours to reduce peak hour emissions; c) limitation of the length of construction work-day period; and d) phasing of construction activities; ? Installation of catalytic conv~.;".~ on gasoline-powered equipment, if feasible; ? Minimization of construction worker trips by requiring carpooling and by providing for lunch onsite; ? Lengthening of construction period during smog season (May through October), so as to minimize the number of vehicles and equipment operating at the same time; ? Utilization of new technologies to control ozone precursor emissions as ' they become available and feasible; ? Use electricity from power poles rather than temporary diesel power generators; and ? Emission offsets if ROG or NOx emissions exceed 6.0 tons! quarter. . The following discusses the use and feasibility of construction equipment certified by CARB, post-combustion controls, and the use of PuriNOx, an alternative diesel formulation." VII.A.2.a CARB-('.ertified Construction Equipment Both the U.S. EP A and CARB have established emission limits on new off-road engines. CARB-certified off-road engines are engines that are 3 years old or less at the time of use and which comply with these new low emission limits. This equipment is widely available in the construction fleet. The use of CARB-certified equipment should be required for this Project. For example, the SMAQMD and other agencies require the use of at least 20 F.:.._<.ut CARB-certified off-road engines in the mix of construction eqUipment operating on-site, or alternatively, setting a NOx, ROG, and! or PMI0 emission reduction goal for the construction fleet. A similar measure has been adopted by the Texas Natural Resource Conservation Commission ("TNRCC") for the Dallas!Fort Worth and Houston-Galveston areas. (Rennie et aI. 2001.28) The Arizona Department 28 S.G.. Rennie, L. Fiffick, D. Huckabay, and B. Ubanwa, Heavy Duty Diesel Engines Retrofit Programs as a Part of Houston SIP, r _____lings of the Air & Waste Management Association's 94th Annual . Conference & Exhibition, lune 24-28, 2001. Page 20 . Pless, Comments On Temecu/a Regional Hospital Draft Environmental Impact Report, October 27, 2005 of Environmental Quality (" ADEQ") has also recommended this measure to address the air quality problems in the Phoenix area. (ADEQ 11/9/00, pp. 19-24.) VII.A.2.b Post-combustion Controls Post-combustion controls, such as oxidation catalysts and particulate filters, are devices that are installed downstream of the engine on the tailpipe to treat the exhaust. These devices are now widely used on construction equipment and are capable of removing over 90% of the PM10, CO, and ROG from engine exhaust, depending on the fuel and specific engine. The most common and widely used post- combustion control devices are particulate traps (i.e., soot filters), oxidation catalysts, and combinations thereof. The many variants of these devices have recently been identified, evaluated, and comprehensively reviewed by CARB29 and others.30 . These devices are commonly required as mitigation for construction emissions, which are similar to Project operations. The Massachusetts Turnpike Authority ("MfA") implemented a voluntary l'L VOL am in the fall of 1998 which resulted in retrofitting 70 pieces of construction equipment with oxidation catalysts (Kasprak et al. 200131) at the "Big Dig," the massive, 5-year, $10 billion-plus Central Artery/Tunnel Project in Boston's North End and one of the largest infrastructure construction projects in the country. These controls have also been wjdely required to mitigate construction emissions in California. The CEC, which follows a CEQA-equivalent process in licensing of new power plants larger than,50 megawatts ("MW"), has required these devices on many projects. The Sunrise Power Project was recently constructed using this equipment.32 No problems were encountered. Several other 500+MW power plants have been licensed and constructed successfully using these controls, 2' California Air Resources Board, Risk Reduction Plan to Reduce Particulate Malter Emissions from Diesel-Fueled Engines and Vehicles, October 2000; California Air Resources Board, Risk Management Guidance for the Permitting of New Stationary Diesel-Fueled Engines, October 2000. 30 Manufacturers of Emission Controls Association, Demonstration of Advanced Emission Control Technologies Enabling Diesel-Powered Heavy-Duty Engines to Achieve Low Emission Levels, Final Report, June 1999. 31 A. Kasprak, G. Schattanek, and P.K. Wan, Emission Reduction Retrofit Program for Construction Equipment of the Central ArteryjTunnel Project, r_____Jings of the Air & Waste Management Association's 94th Annual Conference & Exhibition, June 24-28, 2001. Also see: www.epa.govjOMSjretrofitjdocumentsjbigdig..case_Ol.htm. accessed October 26, 2005. '. 32 California Energy Commission, Commission Decision, Suririse Power Project, December 2000, Condition AQ-C3, p. 120. Page 21 Pless, Comments On Ternecula Regional Hospital Draft Environmental Impact Report, October 27, 2005 . including High Desert33, Elk Hills34, Pastoria35, Western Midway-Sunse@6,Mountain View37, and Contra Costa38, among others. (All of the CEC siting decisions are posted at www.energy.ca.gov under the name of the individual facility.) Post-combustion controls have also been required as conventional CEQA mitigation in EIRs. The EI Toro Reuse Draft EIR39, page 2-124, AQ-11k and AQ-11 I, required the use of particulate traps with a minimum 80% PM10 efficiency and selective catalytic reduction ("SCR") or comparable technology with a minimum 70% NOx reduction on all off-road construction equipment. The Stanford University General Use Permit Application Draft EIR40, page 4.11-10, AQ-1, required a range of measures to minimize diesel engine exhaust, including catalytic converters and particulate traps. The City of San Diego in the Padres Ballpark Final EIR41 required the control of 95% of engine exhaust emissions, using, among others, oxidation catalysts, particulate filters, and "Blue Sky" low-emissjon engines. Similarly, the Port of Oakland required the use of new engines or post-combustion controls on trucks serving its Vision 2000 expansion project. The Port's air quality mitigation program is now partially in place and has been very successful in reducing emissions.42 . 33 California Energy Commission, Commission Decision, High Desert Power Project, May 2000, Condition AQ-3(o), p. 107. 34 California Energy Commission, Commission Decision, Elk Hills Power Project, December 2000, Condition AQ-C2(3), p. 123. 35 California Energy Commission, Commission Decision, Pastoria Energy Facility, December 2000, Condition AQ-C3, p. 108. 36 California Energy Commission, Commission Decision, Western Midway Sunset Power Project, March 2001, Condition AQ-C2, p. 114. 37 California Energy Commission, Commission Decision, Mountain View Power Project, March 2001, Condition AQ-C2, p. 34. . 38 California Energy Commission, Commission Decision, Contra Costa Unit 8 Power Project, May 2001, Condition AQC-2, p. 12. 3' County of Orange, Draft Environmental Impact Report, No. 573 for the Civilian Reuse of MCAS El Toro and the Airport System Master Plan for John Wayne Airport and F.~ l'Voed Orange County international Airport, April 2001. 40 Santa Clara County, Draft Environmental Impact Report, EIR Stanford University Draft Community Plan and General Use Permit Application, June 23, 2000. 41 City of San Diego, Final Subsequent Environmental Impact Report, Ballpark and AnciUary Development Projects, and Associated Plan Amendments, September 13, 1999 and Draft Subsequent EIR, May 12, 1999" page N-262, I8.A.89. 42 Port of Oakland, Summary Report #5, Vision 2000 Air Quality Mitigation Program, February 2002. . Page 22 . '. . Pless, Comments On Temecu/a Regional Hospital Draft Environmental Impact Report, October 27, 2005 All of these post-<:ombustion controls are feasible for construction of this Project. Therefore, the Draft EIR should be revised be prepared requiring the use of post-<:ombustion controls on off-road equipment specifying target control levels. VII.A.2.c PuriNOx Alternate diesel fuels exist that achieve PM10 and NOx reductions. PuriNOx is an alternative diesel formulation that was verified by CARB on January 31, 200143 as achieving a 14% reduction in NOx and a 63 % reduction in PM10 compared to CARB djesel. It can be used in any direct-injection, heavy-duty compression ignition engine and is compatible with existing engines and existing storage, distribution, and vehicle fueling facilities. Operational experience indicates little or no difference in performance and startup time, no discernable operational diff",<",uces, no increased engine noise, and significantly reduced visible smoke. (Hagstrand 6/0444.) This fuel hal> been successfully used in heavy-duty off-road and on-road equipment, including by the Tri -Delta Transit Authority fleet in Contra Costa County, by the County of Sacramento at the Keifer Landfill and North Transfer station, in off-road construction equipment at very large residential construction projects in Sacramento, in truck fleets operated by Pacific Cement in San Francisco and Ramos Oil in Dixon, in yard hostlers at the Port of Long Beach, in off-r~ad equipment operated by Hanson Aggregate in San Francisco, and in yard haulers at the Port of Houston. (Howes 4/0()45 and Hagstrand 6/04.) Six yard tractors have been operating on PuriNOx at the Port of Houston since April 2000. The Texas Natural Resource Conservation Commission ("lNRCC") has also approved PuriNOx fuel for funding under Texas Senate BillS. PuriNOx fuel is available from fuel distributor Chevron Texaco in Los Angeles and is CVll>t'c~~tively priced at a surcharge over regular diesel of about 10 cents per gallon.46 It has been required as mitigation for construction exhaust emission impacts. For example, the NASA Ames Development Plan Draft 43 Letter from Dean C. Simeroth. Chief, Criteria Pollutants Branch, to Thomas J. Sheahan, Lubrizol, Verification of Lubrizol Corp. PuriNOx Fuel, January 31, 2001, http://www.arb.ca.gov/fuels/diesel/altdieselfaltdiesel.htm. accessed June 18, 2004. .. Personal communication, Petra Pless/Phyllis Fox with Hep Hepner, Ramos Oil Co., Dixon; CA, . (916-371-3289, ext. 242) and Bill Hagstrand,Lubrizol (440-347~592), March and June 2004. 4S P. Howes, An Evaluation of the Effects of PuriNOx TM on Exhaust Emissions from Yard Haulers at the Port of Houston; April 2000. 46 Personal communication, Petra Pless with Bill Hagstrand, Lubrizol (440-347~92), June 21, 2004. Page 23 Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27, 2005 . Environmental Impact Statement,47 page 4.4-34, requires "where reasonable and feasible, use alternative diesel fuels. See also construction exhaust mitigation in the Bickford Ranch Final EIR, page 1-24, requiring 10% to 20% NOx emission reductions, to be achieved by both engine selection and fuel selection. ("Includes the use of emulsified fuel in non-certified engines... ".) VII.B Additional Feasible Operational Mitigation The Draft EIR concludes that after implementation of the proposed mitigation measures, emissions of CO and ROC from operation of the hospital and other on-site facilities will remain significant. The Draft EIR states that "[e]ven with measures to encourage trip reduction and energy efficiency, emissions cannot be mitigated to below a level of significance" and concludes that "[l]ong-term air quality impacts will be significant and unavoidable." (Draft EIR, p. 4-29.) Yet, the Draft EIR imposes a total of only five mitigation measures that address operational emissions, specifically, AQ-2 incorporation and encouragement of Transportation Demand Management techniques ("TDM"); AQ-3 incorporation of energy efficiency standards for buildings; AQ-4 submission of a landscape plan; AQ-16 enclosure and cover of refuse areas; and AQ-17 promotion of alternative transportation. (Draft EIR, . pp. 4-26 through 4-28.) By the Draft EIR's own admission, these mitigation measures are insufficient , . to reduce the significant impacts from operational emissions to less than significance for CO and ROC, resulting in significant unmitigated impacts from Project operational emissions. (Draft EIR, p. 4-29.) Further, as discussed in Comment V, the Draft EIR considerably underestimates Project operational emissions of PM10 and NOx, which likely also exceed the SCAQMD's quantitative daily significance thresholds. The Draft EIR does not contain any discussion why no additional mitigation measures were considered to reduce the Project's significant impacts on air quality. As discussed below, numerous other mitigation measures exist that are routinely required as CEQA rriitigation and should have been required for the Project. For example, the Initial Study for the Project recommends the following two mitigation measures for emissions from Project vyc..",tions that were not incorporated into the Draft EIR: 47 NASA Ames Research Center, NASA Ames Development Plan, Draft Programmatic Environmental Impact Statement, November 2001. . Page 24 . Pless, Comments On Ternecula Regional Hospital Draft Environmental Impact Report, October 27, 200S ? Electrical powered eqUipment should be utilized in-lieu of gasoline- powered engines where feasible; and ? Prior to the issuance of a grading and building permit, the applicant shall submit verification that a ridesharing program for the construction crew has been encouraged and will be supported by the contractor via incentives or other inducements. (NOP /Initial Study, pp. 9-11.) VII.B.t Operational Traffic Mitigation Measures The following traffic rriitigation measures are routinely required elsewhere to mitigate significant impacts from a project and should be required to mitigate the Project's significant NOx, ROG, and PMI0 impacts. . ? Encourage carpoolj vanpool program; ? Provide on-site shops and services for employees, such as cafeteria, bank/ ATM, dry cleaners, convenience market, etc.; ? Provide on-site child care or contribute to off-site child care within walking distance; ? Provide preferential parking for carpoolj vanpool vehicles; ? Provide secure, weather-protected bicycle parking for employees; ? Provide direct safe, direct bicycle access to adjacent bicycle routes; ? Provide showers and lockers for employees bicycling or walking to work; ? Short-term bicycle parking for retail customers and other non-commute trips; ? Provide neighborhood-servicing shops and services within Yo mile of residential areas; ? Connect bicycle lanes/paths to city-wide network; ? Design and locate buildings to facilitate transit access, e.g., locate building entrances near transit stops, eliminate building setbacks, etc.; ? Construct transit facilities such as bus turnouts/bus bulbs, benches, shelters, etc.; ? Provide shuttle service to food service establishments/ commercial areas; ? Provide shuttle service to transit stations/multimodal centers; ? Implement parking fee for single-occupancy vehicle commuters; ? Implement parking cash-out program for non-driying employees; '. Page 25 Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27, 2005 . ? Provide direct, safe, attractive pedestrian access from project to transit stops and adjacent development; ? Implement compressed work week schedule; ? Implement home-based telecommuting program; ? Provide electric vehicle ("EV") and compressed natural gas ("CNG") vehicles jn vehicle fleets; ? Install EV charging facilities; ? Install CNG fueling facility; ? Provide pr<.f<.<<.utial parking locations for EVs and CNG vehicles; and ? Charge reduced or no parking fee for EVs and CNG vehicles; The Lent Ranch Final EIR48, for example, requires most of these measures. The NASA Ames Development Plan Draft Environmental Impact Statement. ("EIS")49 would implement an aggressive transportation demand management program ("TDM") to reduce trip generation by at least 22 percent. The Stanford University Draft Community Plan and General Use Pennit Draft EIR 50 adopts all applicable Bay Area TDMs. The Bickford Ranch Specific Plan Final EIR51 requires . that emissions be reduced by 40% by implementing many of these measures. The Old Greenwood Planned Development Draft EIR52 requires, among others, paying an air quality mitigation fee to offset PMIO emissions from vehicle exhaust and re- entrained road dust to zero. Therefore, the above-listed measures should be assumed feasible unless otherwise demonstrated, and used by this Project to reduce traffic emissions to a less than significant level. 48 Oty of Elk Grove, Lent Ranch Marketplace, Draft Envitonmental Impact Report, for example Table 4.3-21, page 3.0-96, and Table 12-2, October 2000. 49 NASA Ames Research Center, NASA Ames Development Plan, Draft Programmatic Environmental Impact Statement, pp. 0-11 to 0-16, November 2001. 50 Santa Gara County, Draft Environmental Impact Report, Stanford University Draft Community Plan and General Use Permit Application, Table 4.11~, June 23, 2000. 51 County of Placer, Bickford Ranch Specific Plan Final Environmental Impact Report, Section 8.3.2 and 8.4, November 13, 2000. 52 Oty of Truckee, Draft Envitonmental Impact Report, Old Greenwood Planned Development, pp. 4.5-10 to 4.5-13, February 2002. . Page 26 . Pless, Comments On Temecula Regianal Hospital Draft Environmental Impact Report, October 27, 200S VII.B.2 Operational Area Mitigation Measures The City's General Plan contains the following two operational mitigation. measures that are not required by the Draft EIR: ? Optimize building sites and orientation to take advantage of shading and windbreak trees and reduce fuel consumption for heating and cooling; and ? Design buildings to optimize natural lighting, provide for task lighting, and specific high-effici~ncy electric lighting. (General Plan, p. AQ-8.) !. In addition to the mitigation measures proposed by the Draft EIR and contained in the City's General Plan, operational area emissions can also be mitigated by controlling other sources of emissions from the Project, including exhaust emissions from landscaping equipment, emissions from natural gas combustion for heatingf air-conditioning, increased ozone production from the heat .island effect (see Comment VI), and indirect emissions from electricity generation (see Comment V.E). In addition, the CEQA Guidelines of other air districts identify numerous other feasible measures for commercialfindustrial operations. Some of these additional measures, which are routinely required as mitigation in other EJRs53 include: ? Use electric lawn and garden equipment for landscaping (BAAQMD); ? Use electrically or CNG-powered specialty equipment, e.g., utility carts (BAAQMD); ? Use propane-powered specialty equipment, e.g., forklifts, utility carts, etc. (BAAQMD); ? Increase walls and attic insulation beyond Title 24 requirements (SLOAPCD54, SCAQMD55); J 53 For example: City of Elk Grove, Lent Ranch Marketplace, Draft Environmental Impact Report, Table 4.3-5, p. 3.0-96, October 2000; County of Placer, Bickford Ranch Specific Plan Final Environmental Impact Report, pp. 8-20 to 8-22, November 13, 2000; Sacramento C<Junty, East Franklin Specific Plan, Final EnvironmenlaIlmpact Report, Table ES-1; and Appendix D, February 2000; City of Truckee, Draft Em :'u._.ental Impact Report, Old Greenwood Planned Development, pp. 4.5-10 to 4.5-13, February 2002. 54 San Luis Obispo Air PolIution Control District, CEQA Air Quality Handbook, August 1997. . 55 South Coast Air Quality Management District, CEQA Air Quality Handbook, April 1993. Page 27 Pless, Comments On Temecu/a Regional Hospital Draft Environmentai Impact Report, October 27, 2005 . ? Orient buildings to maximize standard heating and cooling (SLOAPCD) and include passive solar design, e.g., day-lighting (SCAQMD, SBAPCD56, BCAQMD57); ? Plant shade trees in parking lots to reduce evaporative emissions from parked vehicles (SLOAPCD, SCAQMD, SBAPCD, BCAQMD); ? Plant shade trees along southern exposures of buildings to reduce summer cooling needs (SLOAPCD, SCAQMD, SBAPCD); ? Use energy-efficient and automated controls for air conditioning (SCAQMD, BCAQMD); ? Use lighting controls and energy-efficient interior lighting (SLOAPCD, SCAQMD, SBAPCD, BCAQMD) and built-in energy-efficient appliances (SLOAPCD); ? Use double-paned windows (SLOAPCD, SCAQMD); ? Use energy-efficient low sodium parking lot and street lights (SLOAPCD, SCAQMD); ? Use light-colored roof materials (SCAQMD) and paint (SBAPCD) to reflect heat; (see Comment VII.B.3.b) . ? Install solar cooling/heating (SBAPCD); ? Install solar water heater for at least 25% of the building floor area (BCAQMD); ? Substitute materials, e.g., use water-based paint (SCAQMD); ? Modify manufacturing processes, e.g., reduce process stages, closed loop- systems, materials recycling (SCAQMD); ? Install resource recovery systems that redirect chemicals to new production t'.~~~.,ses (SCAQMD); ? Use solar or low-emission water heaters (SCAQMD); ? Use centralized water-heating systems (SCAQMD, VCAPCD58); ? Use concrete or other nUB pvllutant materials for parking lots instead of asphalt (SBAPCD); S6 Santa Barbara Air Pollution Control District, Scope and Content of Air Quality Sections in Environmental Documents, September 1997. S7 Butte County Air Quality Management District, Indirect Source Review Guidelines, March 1997. 58 Ventura County Air Pollution Control District, Ventura County Air Quality Management Plan, Appendix G-94, Guidelines for the Preparation of Air Quality Impact Analyses, October 1989. . Page 28 . Pless, Comments On Temecula Regional Hospital Draft Environmental Impact Report, October 27, 2005 ? Pay an air quality mitigation fee; ? Secure emission offsets; ? Landscape with drought-resistant species, and use groundcovers rather than pavement to reduce heat reflection; ? Provide electric maintenance equipment; ? Use ozone-der.truction catalyst on air condition systems; and ? Reduce standard paving by 20%. Further, some air districts recommend that large projects that cannot be fully mitigated with on-site measures, should implement off-site mitigation measures, for example: ? ? ? . ? ? ? ? ? Retrofit existing homes and businesses in the project area with ayyw "ed energy conservation devices (SLOAPCD); Replace/repower school! transit bus with cleaner vehicles (SLOAPCD); Construct satellite work stations (SLOAPCD); Fund a program to buy and scrap older, high-emission vehicles (SLOAPCD); Contribute to anoff-site TDM fund (VCAPCD); Repair smog-check waived vehicles (SLOAPCD); Introduce electric lawn and garden equipment exchange program (SLOAPCD); and Retrofit/purchase clean heavy-duty trucks, construction equipment, diesel locomotives, and marine vessels (SLOAPCD). VII.B.3 Mitigation For Urban Heat Island Effect A number of the above discussed mitigation measures will reduce the urban heat island effect. The feasibility of two of these measures, reduction of standard paving by 20% and use of Energy Star roof products, are discussed in the following comments in more detail. VII.B.3.a Reduction Of Standard PllVing By 20% The heat island effect can be mitigated by reflecting the sunlight off the pavement before it heats up through use of lighter-colored, reflective pavement materials. These materials reduce the urban heat island effect, reducing the formation of ozone, arid reducing evaporative emissions from vehicles that park on '. Page 29 . Pless, Comments On Yenrecula :?egional Hospital Draft Environmental Impact Report, October 27, 2005 . and use the pavement, thus reducing traffic emissions. This can be accomplished by using grass paving or reflective surfaces on unshaded parking lots, driveways, and fire lanes to reduce standard paving by 20%. lhis measure is widely used, technically feasible, provides air quality benefits, and is economic. There are a large number of options that can be used to comply with this measure, ranging from porous block pavement systems to conventional asphalt pavements using light aggregate to conventional concrete pavements. Some are comparable in cost to conventional pavements and have added benefits besides reducing air quality impacts. VII.B.3.b Use Of Energy Star Roof Products Most commercial and residential buildings have dark roofs. Dark roofs absorb 80% to 90% of the incident sunlight, heating the roof and plenum space. Because the air distribution system is typically installed in the plenum space between the roof deck and the dropped ceiling over the finished interior space, this raises the summertime cooling demand. In addition, heating the roof heats the air that passes over the roof. Thus, the entire region around a dark roof becomes warmer, increasing the formation of ozone. . As discussed above, dark roofs (and parking lots) quickly warm the air over urban areas, leading to the creation of summer urban "heat islands." The additional air conditioning demand created by this temperature effect is responsible for 5% to 10% of urban peak electric demand. The increased power demand leads to higher emissions from power plants. This increase in temperature causes a 10% to 20% increase in urban ozone, and in some cases, generates as much ozone as all on-road motor vehicles.59 Measures to reverse the heat island effect include reflective roofs and pavements. Intercepting the sunlight before it heats a building keeps its surface cooler . and reduces the heat flow into the building. lhis reduces the demand for air conditioning. This can be accomplished by using light-cplored, reflective roofs. A light-colored roof can reduce the amount of energy needed for cooling by 20% to 70%, depending on the amount of insulation under the roof and design of the air ducting system. This is achieved by reflecting most of the energy, rather than absorbing it. The difference between the roof surface and ambient air temperatures may be as high as 90 F, while for reflective roofs, the difference is only about 18F. S9 Akbari H, Cool Roofs Save Energy, ASHRAE Transactions, v. 104, Pt. 1, 1998; Taha H, Modeling the Impacts of Large-ScaIe Albedo Changes on Ozone Air Quality in the South Coast Air Basin, . Abnospheric Environment, v. 31, no. 11, 1997, pp. 1667-1676. Page 30 . Pless, OJmments On Temecu/a Regionlll Hospital Draft Environmental Impact Report, October 27, 2005 This reduces peak cooling demand, cooling costs, the size of the HV AC system, and the rating and amount of insulation required in a building, and increases the lifetime of the roof. This also reduces air pollution by reducing the amount of external power that must be produced and the amount of ambient ozone that is formed in the vicinity of the development from the heat island effect. Normal asphalt-based roofing products typically have a reflectivity of 10% to 20%. Energy Star-labeled roof products are roofing products certified to achieve at least 65% reflectivity and to maintain a reflectivity of 50% under normal conditions for 3 years after installation The program is sponsored by the U.S. EP A and the Department of Energy. There are currently over 115 manufacturers enrolled in the program. Reflective roofing is also recognized as an acceptable design option in the latest edition of the American Society of Heating, Refrigerating and Air- Conditioning Engineers (" ASHRAE") Standards 90.160 aild 90.2 on energy-efficient buildings. I. Energy Star roof products are economical to apply and maintain and can be cheaper than or comparable to conventional roofing products, which cost from $1.50 to $2.50 per square foot installed.61 Cool roofs come in a variety of styles, including reflective coatings, reflective membranes, or metal roofs made of galvanized or other coated metal. Coatings have a consistency of thick paint and cost from $0.75 to $1.50 per square foot installed. Membranes are single-ply, pre-fabricated sheets applied in a single layer, typically made of PVC (poly vinyl chloride), lPO (tripolymer olefin), Hypalon, or CPA (copolymer alloy) and cost from $1.50 to $3.00 per square foot. A reflective roof can be installed or applied over almost any type of roof material, including directly on a plywood deck in place of asphalt. The performance of reflective roofing materials has been extensively documented. At a single family residence in Sacramento, increasing the reflectivity of the roof from 18 % to 79% by painting with a white coating reduced the cooling energy use over the June to October period by 66% and the peak power by 17%. At a one-story school in Sacramento, increasing the reflectivity of the roof from 8 % to 68% by painting with a white coating reduced the cooling energy use over the June to October period by 34% and peak power by 32%.62 In another Sacramento study, :. 60 American Society of Heating, Refri6,,~;;..g and Air-Conditioning Engineers, Inc., Energy Standard for Buildings Except Low -Rise Residential Buildings, Standard 90.1-1999. 61 R.S. Mearts, Square Foot Costs, 21" Ed., 2000, Division 5, Roofing. 62 H. Akbari, S. Bretz, D. Kurn, and J. Hanford, Peak Power and Cooling Energy Savings of High- Albedo Roofs, Energy and Buildings, v. 25, 1997, pp. 117-126. Page 31 Pless, Comments On Temecu/a Regional Hospital Draft Environmental Impact Report, October 27, 2005 . daily air conditioning savings of 17%, 26%, and 39% were documented in an office, museum, and hospice with high reflectivity roofs.63 At a one-story, 31,700-square foot Kaiser medical office building in Davis, increasing the reflectivity of an R-19 flat roof from 24 % to 60% reduced summertime average weekday air conditioning by 18%. At another one-story, 23,800-square foot Kaiser medical office building in Gilroy, increaSing the reflectivity of an R-7 flat roof from 25% to 65% reduced the summertime average weekday air conditioning by 13%. At a 33,OOO-square foot drug store in San Jose, increasing the reflectivity of a foil barrier flat roof from 18% to 28% reduced the summertime average daytime air condition by 2%.64 Reflective coatings reduced cooling energy costs by 12% to 18% in two other commercial buildings in California.65 The reflectivity of a conventional unsurfaced galvanized ~orrugated metal roof of seven retail stores in a strip mall in Florida was increased from 29% to 75% with a white coating. This reduced the summer space cooling energy use by 25%, with a r~ge in savings of 13% to 48%, depending on the temperature maintained in the shops. Those maintaining the lowest interior temperatures saved the least on a percentage basis. The cost of the application was . $O.53/ft2 with a payback period of about 9 years.66 In nine Florida homes, daily air conditioning energy use was reduced by 2% to 43% and peak demand was reduced by an average of 22%. The amount of energy savings was inversely correlated with the amount of ceiling insulation and duct system location, with the largest savings in poorly insulated homes and those with duct systems in the attic space and smaller savings in well-insulated homes.67 A high-reflective coating on an office building in Mississippi reduced cooling energy demands by 22%.68 In addition to field studies, 63 E.W. Hildebrandt, W. Bos, and R Moore, Assessing the Impacts of White Roofs on Building Energy Loads, ASHRAE Technical Data Bulletin, v. 14, no. 2, 1998. , 64 H. Akbari, L. Gartland, and S. Konopacki, Measured Energy Savings of Light-Colored Roofs: Results from Three California Demonstration Sites, :\~___dings of the 1998 ACEEE Summer Study on Energy Efficiency in Buildings, v. 3, no. 1, 1998. 65 S. Konopacki, H. Akbari, L. Cartland, and L. RainerI Demonstration of Energy Savings of Cool Roofs, LBNL Report 40673, 1998. 66 D. Parker, J. Sonne, and J. Sherwin, Demonstration of Cooling Savings of Light Colored Roof Surfacing in Florida Commercial Buildings: Retail Strip Mall, Florida Solar Energy Center Report FSEC-CR-964-97, 1997; www.fsec.ucf.edujBldgjpubsonline.htm. 67 D.S. Parker and others, Measured and Simulated Performance of Reflective Roofing Systems in Residential Buildings, ASHRAE Il____..:ings (Winter Meeting), Atlanta, GA, 1998; www.fsec.ucf.edujBldgjpubsonline.htm. 68 C. Boutwell and Y. Salinas, Building for the Future - Phase I: An Energy Saving Materials Research . Project, Mississippi Power Co., Rohm and Haas Co and the University of Mississippi, 1986. Page 32 . '. . Pless, Comments On Ternecu/a Regional Hospital Draft Environmental Impact Report, October 27, 2005 computer simulations of reflective roofs have documented cooling energy savings in residential and commercial buildings.69 Cool roofs have been widely used in California, including on the American Airline airport terminal in San Jose, on control towers at the Stockton and Palmdale airports, at the 300,OOO-square foot Honda distribution warehouse in Stockton, the 200,OOO-square foot JC Penny warehouse in Buena Park, and numerous buildings in Silicon Valley. Thus, this measure would save a substantial amoul).t of money over the life of the Project and would cost no more than a standard roof. Further, it would reduce pollution by reducing the generation of power and the formation of ozone from the heat island effect. In sum, there are many additional feasible measures that should be evaluated and required for this Project. The Draft EIR should be revised to include these additional measures and be recirculated for public review. VIII. CONCLUSION As detailed in the comments above, the Draft EIR fails to meet the most basic requirements of CEQA. The Draft EIR fails to comply with the goals of the General Plan, fails to adequately describe the Project and its environmental setting, and fails to adequately identify the Project's regulatory setting. The Draft EIR's air quality impact analysis for both the construction and operational phases of the Project are fatally flawed and considerably underestimate Project emissions. As a result, the Draft EIR fails to disclose all significant impacts and fails to disclose the full magnitude of all impacts. The Draft EIR did not reqUire an feasible mitigation to mitigate these significant impacts from Project construction and mitigation. Additional feasible mitigation exists and should be reqUired to reduce these significant impacts. In sum, the Draft EIRis patently inadequate and should be revised and recirculated for public review. 6. See, for example: H. Akbari, S. Konopacki, C. Eley, B. Wilcox, M. Van Geem and D. Parket, Calculations for Reflective Roofs in Support of Standard 90.1, ASHRAE Transactions, v. 104, no. 1, 1998, pp. 984-996; L. Gartland, S. Konopacki, and H. Akbari, Modeling the Effects of Reflective Roofing, ACEEE 1996 Summpr Study on Energy Efficiency in Buildings, v. 4, 1996, pp. 117-124. Page 33 . . . i=. _ ___.m__.-.__... _. .. - ~~._-~,.~._...._.- Exhibit 1 URBEMIS2002 Modeling Output for 36-month Construction Period and Vehicle Emissios Target Year 2009 .:,.::_---'" -." ~.._::~..:~.:;=~~~~.-- . . . . Page: 1 10/27/2005 10:54 AM . URBEMIS 2002 For Hindows 8.7.0 File Name: Project Name: Project Location: On-Road Motor Vehicle Emissions C:\Documents and Settings\Petra Pless\My Documents\PP Environmental Consulting Temecula Regional Hospital South Coast Air Basin (Los Angeles area) Based on EMFAC2002 version 2.2 SUMMARY REPORT (Pounds/Day - Summer) CONSTRUCTION EMISSION ESTIMATES PMIO PMIO PMIO *** 2006 ... RaG NOx co S02 TOTAL EXHAUST DUST TOTALS (lbs/day,unmitiqated) 41. 95 283.34 338.81 0.03 129.68 11. 96 117.72 TOTALS (lbs / day, mitigated) 41. 95 283.34 338.81 0.03 53.81 11. 96 41.85 PM10 PMIO PM10 *** 2007 ... RaG NOx co S02 TOTAL EXHAUST DUST TOTALS (lbs/day,unmitigated) 13.82 89.14 115.14 0.00 3.97 3.72 0.25 TOTALS (lbs/day, mitigated) 13.82 89.14 115.14 0.00 3.97 3.72 0.25 PMIO PMIO PMIO ... 2008 ... RaG NOx co S02 TOTAL EXHAUST DUST TOTALS (lbs/day,unmitigated) 343.64 227.46 295.63 0.01 9.35 8.83 0.52 TOTALS (lbs/day, mitigated) 343.64 227.46 295.63 0.01 9.35 8.83 0.52 AREA SOURCE EMISSION ESTIMATES RaG NOx CO S02 PMIO TOTALS (lbs/day,unmitigated) 8.39 3.79 4.43 0.00 0.01 ! ~RATIONAL (VEHICLE) EMISSION ESTIMATES RaG NOx CO S02 PM10 TOTALS (lbs/day,unmitigated) 92.78 103.76 1,245.27 0.86 123.35 SUM OF AREA AND OPERATIONAL EMISSION ESTIMATES RaG NOx CO S02 PMI0 TOTALS (lbs/day,unmitigated) 101.17 107.56 1,249.70 0.86 123.36 '. Petra Pless, D.Env. 440 Nova Albion Way San Rafael, CA 94903 (415) 492-2131 voice (775) 254-5849 fax ppless@earthlirik.net . Or. Pless has over 10 years of experience in environmental engineering and science conducting and managing interdisciplinary environmental research projects and preparing and reviewing environmental permits and other documents for U.S. and European stakeholder groups. This broad-based experience includes air quality and air pollution control; water quality, water supply, and water pollution control; bjology; public health and safety; noise studjes and mitigation; National Environmental Policy Act ("NEP A"), California Environmental Quality Act ("CEQA"), and Oean Air Act ("CAN') revjew; industrial ecology and risk assessment; and use of a wide range of environmental software. EDUCATION Doctorate in Environmental Science and Engineering (D.Env.), University of California, Los Angeles, 2001 M.S. Biology (with focus on botany/ecology/limnology), Technical University of Munich, Germany, 1991 . PROFESSIONAL HISTORY Leson & Assocjates (previously Leson Environmental Consulting), Kensington, CA, Environmental Scientist/Project Manager, 1997-present Universjty of California Los Angeles, Graduate Research Assjstant/Teaching Assistant, 1994-96 ECON Research and Development, Environmental Scientist, Ingelheim, Germany, 1992-93 Biocontrol, Environmental Projects Manager, Ingelheim, Germany, 1991-92 REPRESENTATIVE EXPERIENCE Air Quality and Pollution Control Projects include CEQA/NEP A revjew; attainment and non-attainment new source review ("NSR"), prevention of significant deterioration ("PSD") and Title V permitting; control technology analyses (BACf, LAER, RACf, BARCf, MAC1); technology evaluations and cost- effectiveness analyses; criteria and toxic pollutant emission inventories; emission offsets; ambient and source monitoring; analysis of emissions estimates and ambient air pollutant concentration modeling. Some typical projects include: . . i. .. Petra Pless, D.Env. Critically revjewed and prepared technical comments on the air quality, biology, noise, water quality, and public health and safety sections of CEQA/NEP A documents for numerous commercial, residential, and industrial projects (e.g., power plants, airports, residential developments, retail developments, hospitals, refineries, quarries, and mines). Critically reviewed and prepared technical wuuuents on the air quality and public health sections of the Los Angeles Airport Master Plan (Draft, Supplement, and Final Environmental Impact Statement/Environmental Impact Report) for the Cjty of El Segundo. Provjded technical comments on the Draft and Final General Conformity Determination for the preferred alternative submitted to the Federal A vjation Administration. For several California refir,eries, evaluated compliance of fired sources with Bay Area Air Quality Management District ("BAAQMD") Rule 9-10. This required evaluation and review of hundreds of source tests to determine if refinery-wide emission caps and compliance monitoring provisions were being met. Critically reviewed and prepared technical comments on Draft Title V permits for several refineries and other industrial facilities in California. Evaluated the public health jmpacts of locating big-box retail developments in densely populated areas in California and Hawaii. The impacts of diesel exhaust emissions and noise on surrounding resjdential communities were measured and evaluated. In conjunction with the permitting of several residential and commercial developments, conducted studies to determine baseline concentrations of diesel exhaust particulate matter using an aethalometer. For an Indiana steel mill, evaluated technology to cOli.trol NOx and cd emissions from fired sources, including electric arc furnaces and reheat furnaces, to establish BAcr. This required a comprehensive review of U.S. and European operating experience. The lowest emission levels were being achieved by steel mills using selective catalytic reduction ("SCR") and selective non-catalytic reduction ("SNCR") in Sweden and The Netherlands. For a California petroleum coke calciner, evaluated technology to control NOx, CO, VOCS, and PM10 emissions from the kiln and pyroscrubbers to establish BAcr and LAER. This required a review of state and federal clearinghouses, working wjth regulatory agencies and pollution control vendors, and obtaining and reviewing permits and emissions data from . other similar facilities. The best-controlled facilities were located in the South Coast Air Quality Management District ("SCAQMD"). For a Kentucky coal-fired power plant, identified the lowest NOx levels that had been permitted and demonstrated in practice to establish BAcr. Revjewed operating experience of European, Japanese, and U.5. facilities and evaluated continuous emission monitoring data. The lowest NOx levels had been permitted and achieved in Denmark and in the U.S. in Texas and New York. In support of efforts to lower the CO -BAcr level for power plant emissions, evaluated the contribution of co emjssions to tropospheric ozone formation and co-authored report on same. Critically revjewed and prepared technical comments on applications for certification (" AFCs") for several natural-gas fired and geothermal power plants in California permitted 2 Petra Pless, D.Env. by the California Energy Commission ("CEC"). The comments addressed construction and . operational emissions inventories and dispersion modeling, BAcr for turbines, etc. Critically reviewed and prepared technical comments on draft PSD pennits for several natural-gas fired power plants in California, Indiana, and Oregon. The comments addressed emissjon inventories, BAcr, case-by-case MAcr, compliance monitoring, cost- effectiveness analyses, and enforceability of pennit limits. For a California refinery, evaluated technology to control NOx and CO emissions from CO Boilers to establish RAcr /BARcr to comply with BAAQMD Rule 9-10. This required a revjew of BAcr /RAcr /LAER clearinghouses, working with regulatory agencies across the U.S., and reviewing federal and state regulations and State Implementation Plans ("SIPs"). The lowest levels were required in a SCAQMD rule and in the Texas SIP. In support of several federal lawsuits filed under the Oean Air Act, prepared cost- effectiveness analyses for SCR and oxidation catalysts for simple cycle gas turbines and evaluated opacity data. Provjded comprehensive environmental and regulatory services for an industrial laundry chain. Facilitated pennit process with the SCAQMD. Developed test protocol for VOC emissions, conducted field tests, and used mass balance methods to estimate emissions. Reduced disposal costs for solvent-containing waste streams by identifying alternative disposal options. P~.L._.ed health risk screening for air toxics emissions. Provided pennitting support with SCAQMD. Renegotiated sewer surcharges with wastewater treatment plant. Identified new customers for shop-towel recycling services. Designed computer model to predict performance of biological air pollution control . (biofiIters) as part of a collaborative technology assessment project, co-funded by several major chemical manufacturers. Experience using a wide range of environmental software, including air dispersjon models, air emissjon modeling software, database programs, and geographic information systems ("GIS"). Water Quality and Pollution Control Experience in all phases of water quality and pollution control, including surface water and ground water quality and supply studies, evaluating water and wastewater treatment technologies, and identifying, evaluating and implementing pollution controls. Some typical projects include: For a homeowner's association, revjewed a California Coastal Commissjon staff report on the replacement of 12,000 linear feet of wooden bulkhead with PVC sheet pile armor. Researched and evaluated impact of proposed project on lagoon water qualjty, including sediment resuspension, potential leaching of additives and sealants, and long-term stability. Summarized results in technical report. For a 500-MW combined-cycle power plant, prepared a study to evaluate the impact of proposed groundwater pumping on local water quality and supply, including a nearby stream, springs, and a spring-fed waterfall. The study was docketed with the CEC and summarized in a journal article. Evaluated impacts of on-shore oil drilling activities on large-scale coastal erosion in Njgeria. . 3 Petra Pless, D.Env. . For a 500-MW combined-cycle power plant, jdentified and evaluated methods to reduce water use and water quality impacts. These included the use of zero-liquid-discharge systems and alternative cooling technologies, including dry and parallel wet-dry cooling. Prepared cost analyses and evaluated impact of options on water resources. This work led to a settlement in which parallel wet dry cooling and a crystallizer were selected, replacing 100 percent groundwater pumpjng and wastewater disposal to evaporation ponds. . Applied Ecology, Industrial Ecology and Risk Assessment Experience in applied ecology, industrial ecology and risk assessment, including human and ecological risk assessments, life cycle assessment, evaluation and licensing of new chemicals, and fate and transport studjes of contaminants. Experienced in botanical, phytoplankton, and intertidal species jdentification and water chemistry analyses. Some typical projects include: For the California Coastal Conservancy, San Francisco Estuary Institute, lnvasjve Spartina Project, evaluated the -potential use of a new aquatic pesticide for eradicatipn of non-native, invasjve cordgrass (Spartina spp.) species in the San Francisco Estuary with respect to water qualjty, biological resources, and human health and safety. Assisted staff in preparing an amendment to the Final ElR. Evaluated likelihood that measured organochlorine pesticide concentrations at a U.S. naval air station are resjduals from past applications of these pesticides consjstent with manufacturers' recommendations. Retained as expert witness in lawsujt. Prepared human health risk assessments of air emissions from several industrial and commercial establishments, including power plants, refineries, and commercial laundries. Managed and conducted studjes to license new pesticides. This work included the evaluation of the adequacy and identification of deficiencies in existing physical/ chemi~al and health effects data sets, initiating and supervjsing studies to fill data gaps, conducting environmental fate and transport studies, and QA/QC compliance at subcontractor laboratories. Prepared licensing applications and coordinated the registration process with German licensing agencies. This work led to regulatory approval of several pesticide applications in less than six months. Designed and implemented database on physical/ chemical properties, environmental fate, and health impacts of pesticides for a major European pesticide manufacturer. Designed and managed toxicological study on potential interference of deIta-9-tetrahydro- cannabinol in food products with U.S. employee drug testing; co-authored peer-reviewed publication. Critically revjewed and prepared technical comments on AFCs for several natural-gas fired and geothermal power plants and transmission lines in California permitted by the CEC. The comments addressed avian collisions and electrocution, construction and operational noise impacts on wildlife, risks from brine ponds, and impacts on endangered species. For a 180-MW geothermal power plant, evaluated the impacts of plant construction and operation on the fragile desert ecosystem in the Salton Sea area. This work included baseline noise monitoring and assessing the impact of noise, brine handling and disposal, and air emissjons on local bjota, public health, and welfare. :. 4 Petra Pless, D.Env. Desjgned research protocols for a coastal ecological inventory; developed sampling . methodologies, coordinated field sampling, determined species abundance and distribution in intertidal zone, and analyzed data. Desjgned and conducted limnological study on effects of physical/ chemical parameters on phytoplankton succession; performed water chemistry analyses and identified phytoplankton species; co-authored two journal articles on results. Conducted technical, ecological, and economic assessments of product lines from agricultural fiber crops for European equjpment manufacturer; co-authored proprietary client reports. Developed life cycle assessment methodology for industrial products, including agricultural fiber crops and mineral fibers; analyzed technical feasjbility and markets for thermal insulation materials from plant fibers and conducted comparative life cycle assessments. Conducted and organized underwater surveying and mapping of plant species in several lakes and rivers in Sweden and Germany as ecological indicators for the health of limnological ecosystems. PRO BONO ACTIVITIES Management of "SecondAid," a non-profit organization providing tsunami relief for the recovery of small family businesses in Sri Lanka. (www.secondaid.org) Technical consulting for Lakota Village Fund, a non-profit organization for environmental improvement and economic development projects for the Pine Ridge Reservation in South Dakota. (www.Iakota-village.de) . PROFESSIONAL AFFILIATIONS American Chemical Society American Institute of Chemical Engineers Association of Environmental Professionals SELECTED PUBLICATIONS Fox JP and Pless P, Cost-effectiveness of catalytic oxidation for the control of VOCS and CO from power generation faciljties, to be submitted to Journal of the Air & Waste Martagement Association. r Fox JP and Pless P, Fuel and energy penalties associated with catalytic pollution control systems used in power generation, to be submitted to Power Engineering. Fox JP, Rose TP, Sawyer TL, and Pless P, Isotope hydrology of a spring-fed waterfall in fractured volcanic rock, to be submitted to Journal of Hydrology. Leson G and Pless P, Hemp seeds and hemp oil, in: Grotenhermen F and Russo E (eds), Cannabjs und Cannabinojds, Pharmacology, Toxicology, and Therapeutic Potential, The Haworth Integrative Healjng Press, New York, 2002. . 5 . . . Petra Pless, D.Env. Leson G, Pless P, Grotenhermen F, Kalant H, and ElSohly M, Evaluating the impact of hemp food consumption on workplace drug tests, Journal of Analytical Toxicology, vol. 25 (11/12), pp. 1-8,2001. Pless P, Technical and environmental assessment of thermal insulation materials from fiber crops, doctoral dissertation in Environmental Science and Engineering, University of California, Los Angeles, 2W1. Leson G and Pless P, Assessing the impact of mc uptake from hemp oil cosmetics on work- place drug testing, Report to the Agricultural Research and Development Initiative (" ARDI"), Morris, MB, 2001. - Leson G and Pless P, Hemp Foods and Oils for Health, Your Guide to Cooking, Nutrition and Body Care, HempTech, Sebastopol, CA,1999. Leson G and Pless P, What variety? Hemp cultivars for Canada, Commercial Hemp, Fall 1998, pp.7-8. Leson G and Pless P, Farming and processing: Technology status, Commercial Hemp, Summer 1998, pp. 5-6. Center for Waste Reduction Technologies in the American Institute of Chemical Engineers, Collaborative Bjofilter Project, Technical Report, co-author with Leson G of sections 'Compound Database: 'Design Manual,' and 'Literature Database: 1998. Hantke B, Domany I, Fleischer P, Koch M, Pless P, Wiendl M, and Melzer M, Depth profiles of the kinetics of phosphatase activity in hardwater lakes of different trophic level, Arch. Hydrobiologia, vol. 135, pp. 451-471, 1996. Hantke B, Fleischer P, Domany I, Koch M, Pless P, Wiendl M, and Melzer M, P-release from DOP by phosphatase activity in comparison to P-excretion by zooplankton: studies in hardwater lakes of different trophic level, Hydrobiologia, vol. 317, pp. 151-162, 1996. Pless P, Untersuchungen zur PhytoplanktonentwickIung im Herrensee (investigations on phytoplankton succession in an oligotrophic hardwater lake), Masters Thesis in biology with focus on botany 1 ecology Ilimnology, Technical Universjty of Munich, Germany, 1991. 6 -:I::iIet=-al'J1::i1. ...._~;....___ 1_1::1111 ____..~.:II"'I""'-.I_._'ElI_.._:l.'1C1=_ 18/28/2885 82:55 9516821832 BBK PAGE 81/87 BEST BEST & KRIEGER LLP INDIAN WEI..LS <<7601 See-2S I I A CAUFORNI" UHITED U4B1UTY .-, ......-.............,P.I"CUJgI~ PROFE83101'fAl.. ~AA~ LAW'lERS 3750 UNl\I'EASnv AVENUE POST 0FF1CE BOX 10ZB RlVERStDE. CAUF'ORNtA. Oa~02-1 Oa8 (g61' 68&1450 COB II eS&-30S3 fAX BBKLAW.COM WAt.NUT ~K (925) 74&7300 SACRAMENlO (Q I e) 32.&--4000 IRVINE (9491) aCS3--2COQ SAN DIEGO <Olg) 92$-1300 OtlTAAlO 19oQ) geo-eeS4 TELECOPIER TRANSMISSION DATE: October 28, 2005 To: NAME Emery Papp City of Temecula Plaruring Department FAX No. (951) 694-6477 PHONE No. FROM: Salvador M. Salazar RE: /FlLENO.: MESSAGE: IUSERNO.: 1346 I No. OF PAGES, INCLUDING COVER: CAUTION - CONFIDENTIAL: THE DOCUMENT BEING TELECOPffiD TO YOU MAY CONTAIN INFORMATION PROTECTED BY THE A TIORNEY .cLIENT /WORK PRODUCT PRIVILEGE. It is mk:llded only for the person to whom it is addressed. If you arc Dot the intended recipient or an authorized agent, then tbis is notice to you tbat dissemination, distnbution or copying of this document is probibited. If this was received in error, please call us at once and destroy the documenl. IF YOU EXPERIENCE ANY DIFFICULTY WlTHTHE QUALITY OR COMPLETENESS OF THIS TRANSMISSION. PLEASE CALL SUPPORTSERVICES (95/) 686-U50. exT. 388. . . . RECEIVED: 10/28/05 2:30PM; ->CITY OF TEMECULA; #401; PAGE 2 . . . 10/28/2605 02:55 PAGE 02/07 9516821832 BEl< , INDIAN "NIi:LLS (760) sea.ze I I BEST" BEST & KRIEGER UP A CAUl"OftNlA UfotfTE];:l 1.1At'1ur"I' .PARTNERS"IP I~UJOlNO PAO~~L C ~ - l.AWtERS 3750 UNIVERSITY ....VENUE POSTomcEBOX 1028 RfYERSIDE. CAUFDRNIA G2SOZ-I028 (QS 11 ElGlS-1 450 (g" I ) 68&3083 FAX BBKLAW,COM WALNlIT CREEK (925) 7-4Cw7300 ... SACRAMDrnl (g I e) ~25-4000 IRVINE (g4g) 2C3~2eoo SAN DIEGO (619) "25-1.300 ONTARIO (909) 909--8584 SALVADOR M. SALAZAR SAI..V.-.oOR, SAlAZAR@BBKLAW.COM October 28, 2005 Vja Facsimile aod First Class Mail Emery Papp, Senior Planner City.of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 RE: COMMENTS ON DRAFf ENVIRONMENTAL IMPACf REPORT (DEIR) FOR P A04-0462, P A04-1463, AND P A04-0571 (UNIVERSAL HEALTH SERVICES lJOSPITAL PROJECT) Dear Mr. Papp: This law firm represents Brad and Nicole Stormon, own,ers of a single family residence located on the northeast comer of DePortola Road and Pio Pico Road, directly across the street from the northerly boundary of the proposed Unjversal Health Services Hospital development project ("Project"). The Stormons are in receipt of the City ofTemecula's Notice of Availability of the DEIR for the Project. The Stormons have retained us to assist them in reviewing the potential impacts of this Project on the environment, their residence and their nejghborhood. As previously stated in the comments we submitted on April 6, 2005 to the City, the Stormons do not obj ect to the construction of a hospital on the subject site. The Stormons want to be assured that the Project does not cause umnitigated adverse environmental impacts to their residence and neighborhood To that end, the Stormons have attended most of the neighborhood meetings held by the City and/or developer of the Project for the purpose of working with the developer and the City to create mutually acceptable Project. They have become quite familiar with the Project and all of its components. In fact, the Stormons have several times voiced their concerns about the Project to City staff, representatives of the hospital, and the Planning Commission during their hearing on the Project on April 6, 2005. Throughout the consideration of this Project the Stormons have been informed that their concerns would be addressed in the en\;'v~uental docwnents for the Project. Unfortunately, to date, their concerns have not been addressed. RVPUB\5AI,.V AOOR.SI\UZAR\701643.J RECEIVED: 10/28/05 2:30PM; ->CITY OF TEMECULA; #401; PAGE 3 10/28/2005 02:55 9516821832 BSK PAGE 03/07 1.AW ames or BEST BEST 5. KRIEGER LLP City ofTemecuJa, Planning Department October 28, 2005 Page 2 . In fact, the ~~,,,... Draft Environmental Impact Report prepared for the Project fails to analyze the deficiencies in the environmental documents previously raised. Indeed, the,ir concerns about spill-over traffic using Pio Pico Road Street is not addressed in the DEIR. The California Environmental Quality Act requires the City, as a lead agency, to incorporate all feasible mitigation measures. The Stormons continue to believe that their specific concerns about the adverse traffic, noise, and aesthetic impacts iTom the Project may be alleviated with: (I) a mitigation measure requiring the developer to construct solid fencing along the Stormons' property frontage (to screen noise, block exhaust and screen light and glare); and (2) requiring the installation of traffic calrning devices such as signs (No Access to Hospital) or structures along pjo Pico Road (to slow traffic coming south from Pio Pico Road to access the northerly portion of the Hospital and minimize V-turn traffic by drivers who miss the single DePortola driveway entrance to the hospital). Implementation of these mitigation measures would clearly lessen the significant impacts of the Project. However, none of these mitigation measures were analyzed or discussed in the DEIR or included in th.e mitigation monitoring and reporting plan prepared for the project despite the testimony ofthe Stormons and other neighbors, that increase in traffic, especially the increased identified in the DEIR, will also increase the existing spill over traffic. In fact, the supplemental traffic impact analysis devotes one paragraph . on page 17 of Appendix D to refute that any cars will ever use Pio Pico Road to access the Hospital. The analysis, however, fails to consider tbe statement included in the previous paragraph that Margarita Road will operate at a LOS E on a daily basis. Common sense, and existing traffic patterns, would dictate that a driver would choose to use a residential street with less traffic rather a commercial street which. where movement of cars requires waiting for more than one traffic cycle. Consequently, the Stormons continue to believe that the failure to discuss and include these feasible mitigation measures renders analysis under the DEIR and mitigation monitoring and reporting plan deficient. We have set .forth, the Stormons' conclusions in more detail below. DEJlIClENCIES IN THE DEIR I. THE LACK OF ANY ANALYSIS CONCERNING TRAFFIC IMPACTS TO PIO PICO ROAD. The failure to discuss potential environmental impacts may result in an inadequate environmental document. (Ocean View Estates Homeowners Ass'n v. Monteeito Water Dlst. (2004) 116 Cal.AppAlh 396.) The supplemental traffic impact analysis contained in the DEIR (and the original traffic impact analysis prepared as part of the Mitigated Negative Declaration) again inexplicably fail to assign any vehicle trips to Pio Pico Road. Further the intersection of Pio Pico Road and DePortola Road was not one of the intersections studied in the supplemental traffic analysis. (Califomia Code of Regulations, Title 14 Section 15063 ["State CEQA Guidelines"].) The supplemental traffic impact analysis assigns 56% of the vehicle trips to . Highway 79 (South) and 15% of the trips to DePortola Road. (OEIR Appendix D figure 2-1a) The traffic analysis (original and supplemental traffic analysis) also "evaluated all of the RVPUB\SAL V ADOR.SALA7..AR\702ti43.l RECEIVED: 10/26/05 2:31PM; ->CITY OF TEMECULA; #401; PAGE 4 16/28/2665 62:55 9516821832 BSK PAGE 64/67 LAW OFFICES OF .. BEST BEST !i. KRIEGER LLP City of Temecula, Planning Department October 28, 2005 Page 3 . ,. intersections on Highway 79 South between the 1-15 Freeway Interchange and Butterfield Stage Road and the intersection of Margarita Road and DePortola Road." (DEIR appendix D.) However, no vehicle trips were ever assigned to Pio Pico Road and the intersection of Pio Pico Road and DePortola Road was not one of the intersections studied in the Traffic Analysis (State CEQA Guidelines Section 15063.) We understand that the traffic engineer retained by the Project proponents' believes that no assjgnment of trips to Pio Pico Road is necessary because traffic will not use primarily residential streets to access the hospital. However, there is already a significant amount of traffic that comes from the residents in the northerly areas of the City of Temecula that use Margarita Road and then cut south to Pio Pico Road. These conditions will be exacerbated because persons coming from the northerly portions of the City to the Hospital will find it easier to bypass most of the traffic accessing the Hospital from Margarita Road and instead enter the Hospital complex from the driveway located off DePortola Road. Indeed, it appears from looking at a map of the City that a large portion ofits popUlation base is located north of the Hospital with easy access to Margarita Road as a means to travel south in the City. Given these street conditions, the Stonnons again request that the traffic analysis be amendcd to: (1) include a study of the intersection of DePortola Road and Pio Pico Road; and (2) study th,e reassignment of vehicle triPs that would travel south beginning at the intersection Margarita Road to Pio Pico Road. In the event the City is unable to conduct an amended Traffic Analysis, tbe Stormons continue to request that a mitigation measure be added to require that a sign be placed at the intersection ofPio Fico and Margarita and at the intersection ofPio Pico and DePortola Road jnforming motorists that these streets do not provide hospital access. This recommendation should be included as :a mitigation measure beca~se there is a significant traffic jmpact on the to adjoining residential properties. Further, the requested mitigation measure is feasible and within the City's ability arid authority to impose it. (Pub. Res. Code Section 21004 and Slate CEQA Guidelines, ~ 15364.) As the City is required to adopt all feasible mitigation measures, if the City refuses to incorporate the suggested mitigation into the Project, the City must provide a reasonable explanatidn and recirculate the DEIR for an additional 45 day comment period. (State CEQA Guidelines, Section 15088.5 (a)(3).) 2. THE DEIR IDENTIFIES SIGNIFICANT IMPACTS FROM NOISE SOURCES ASSOCIATED WITH THE PROJECT, BUT OMITS DISCUSSION ON How THOSE IMPACTS WILL BE MITIGATED To LESS THAN SIGNIF1CANT LEVELS. The DEIR notes under page 4-6 'that "Even with mitigation measureS to reduce helicopter flight noise impacts, these impacts cannot be mitigated to below a level of significance because of I Additio,naUy, we Dote lbat while the City may btilize infonnation ~'o"'Q..J by the PlOject proponent, lbe City must find that the environmental analysi. reflects the City'. independent juA--nt (See e.g., State CEQA Guideline. < 15074.) "!T-'- " ' · RVPUBISAL V AOOR.SAU,ZAR\702t143.1 RECEIVED: 10/28/05 2:31PM; ->CITY OF TEMECULA; #401; PAGE 5 10/28/2B05 02:55 9516821832 BBK PAGE 05/07 LAW t".'--'--I~ OF BEST BEST & KRIEGER LLP . City ofTemecula, PlllIlJJing Department October 28, 2005 Page 4 uncertainty of the exact nwnber of flights per month due to unknown nwnber of emergencies that will ocCUr ~hin any given month. Helicopter flight noise impacts will be significant and unavoidable ". The property that is the closest to the Heliport js to the Stormons' property. The Stormons believe that an approximat~ use of the' Heliport could be determined by using comparisons with similar type of facilities to calculate the average number of helicopter flights to and from the Hospital. The study of similar facilities should analyze (1) the anticipated frequency of use of the heliport; (2) the. anticipated noise levels associated with the heliport; and (2) the potential noise impacts to surrounding properties. Once this study is completed, mitigation measures could be identified and recommended so that the significant impacts identified in the DEIR are mitigated to the extent possible and to allow the decision making body to make an informed decision and comply with CEQA (State CEQA Guidelines, ~ 15002(a)(I). The Stormons are recommending that, in the event the City is unable to obtain this information, the construction of a block wall alo'ng the southerly portion of their property should be incOlporated as a mitigation measure to; minimize the increased ambient and interior noise levels cause by the 6 flights per month anticipated and described in the DEIR. (See DEIR page 4-64) 3. FAlLUJIE To PREPARE A. NOISE STUDY THAT DETERMINES THE NUMBER OF . ANTICIPATED FUGHTS To THEHOSPITAL. As noted above, the City failed to include or prepare a noise study that analyzes the noise that could be generated by the maximum number of flights arriving at the Hospital. Without this flight and noise study the decision m'aking bodies (planning Commission and City Council) cannot make an infonned decision, and will not be able to incorporate rriitigation measures that are feasible and capable of implementation to minimize noise significant impacts. Additionally, we find that the noise conclusions regarding noise jmpacts from the heliport in the DEIR are so brief and conclusory that jt makes the DEIR inadequate and recirculation is likely necessary. (See Mountain Lion Coalition v Fish and Game Comm's (1989) 214 CAJd 1043,263 CR 104 [in which an agency analyzed cumulative impacts in a brief and conclusory fashion which rendered the EIR inadequate and .~;,~.1lation was necessary].) 4. IMPACTS FA/LUJIE To PREPARE: ADEQUATR MmOATION MEASURES FOR AESTHETIC The DEIR notes that the project will include various buildings and a hospital structure that includes towers of five and si)( stories (106' in height). It further notes that "[W]hi1e the project will be visible from various reSidential lots, a less tban significant impact is anticipated because views are considered private 3ll.d are not considered to be of public benefit." (DEIR at p. 4-5.) However, this statement does not absolve the City from analyzing the aesthetic and visual impacts on surrounding residential p~operties of constructing a six-story building. There can be no doubt that the visual character of the area will be significantly affected with the construction . of 106-foot tall structure jn the immediate vicinity of a residential neighborhood. (Ocean View RvPUB\S^L V AOOR..SALAZA.R\7Q2643.1 :i RECEIVED: 10/28/05 2: 31 PM; - >CITY OF TEMECULA; #401; PAGE 6 . . . , " 1B/28/2BB5 B2:55 PAGE B6/B7 9516821832 BEl< IAN OF1'1CES of' BEST BEST & KRIEGER UP City ofTemecula, Planning Department October 28, 2005 Page 5 Estates Homeowners Ass'n v. Montecito Water Vist. (2004) 116 Cal.App.4'h 396 [concern of local residents regarding aesthetic impacts may establish substantial evidence to support a fair argument that a project has a significant adverse impact on aesthetics]; The Pocket Protedors v. City of Sacramento (2004) 2004 Ca\.App. LEXIS 2074 [lay opinion may be substantial evidence of aesthetic impacts].) Dismissing the analysis simply because the views are not legally protected does not comply with the requirements of CEQA. (State CEQA Guidelines, ~ 15063; see also Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.41h 1099 [stating that the lead agency must consider every fair argument that can be made about a possible significant environmental effect, even if the project already meets established thresholds].) The conclusions reached in the DEIR must be based on some evidence to indicate the basis for the determinations made. (Citizens Ass 'n for Sensible Development v. County of Inyo (1985) 172 CaI.App. 3d 151, 171.) Failure to base the conclusions in. the DEIR on substantial evidence renders the DEIR, and the findings and statement of overriding considerations based on the DEIR entirely inadequate. 5. ILLEGAL DEFElIRAL OF MmGATlON MEASUlU3S FOR AesTHETIc IMPA.CTS Mitigation measures must be designed to minimize impacts. (pRC Section 21000 and State CEQA Guidelines, 9 15126.4). In this case the mitigation measures for the Project's aesthetic impacts fail to minimize lighting impacts to the surrounding properties, including the Stormons'residence. Deferral of mitigation measures may be permitted only when a mitigation measure has been defined, but the extent ofroitigation that may be required will depend on the results of a later study. (Riverwatch v. County of San Diego (1999) 76 CA 4th 1428. See also Laurel Heights Improvement Association v. Regents ofUni. of California (1988) 47 C3d 376.) In this DEIR, mitigation measure A -I proposes to defer the analysis of lighting impacts on surrounding properties. The mitigation measure states; "Prior to the issuance of a bllilding permit, City staff shall verifY that a photometric plan has been submitted which details the proposed lighting levels. . onto adjacent project boundaries including mitigation measures. Corresponding criteria for helicopter/heliport uses and ambulance light use. - . shall also be prepared including means to mitigate ". This mitigation measure fails to inc.,,,t'~...;e performance criteria that can be reviewed to determine what will be done if the lighting levels adversely impact the surrounding properties and/or the results are not in compliance with Cjty regulations. Submittal of a photometric planpdoes not and cannot initil!ate an impact if there is no established criteria as to what level of lighting intensity is acceptable. Mitigation Measure A-3 states that: ". .. Enhanced landscaping may be required along the northern property line and adjacent residential parcels ". RVPUIl'SALV AOORSAUlZAR\702643.J RECEIVED: 10/28/05 2:32PM; ->CITY OF TEMECULA; #401; PAGE 7 10/28/2005 02:55 9516821832 BSK PAGE 07/07 LAW OrncES OF BEST BEST & KRIEGER UP City ofTemecula, Planning Department October 28, 2005 Page 6 . This mitigation measure as well as mitigation measure A-I fails to include a performance standard describing the level of mitigation needed. A mitigation measure that provides that "[E]nhanced landscaping may be required" is not a mitigation measure because it does not specify under the conditions under which the enhancements wiU be required. (Riverwatch v. County of San Diego (1999) 76 CA 4th 1428. See also Laurel Heights Improvement Assodation v. Regents ofUni. of California (1988) 47 C3d376.) CONCLUSION We appreciate the v...._.;_Jty to comment on the DEIR. for this Project. For the reasons set forth above, the Stonnons continue to believe that the DEIR does not adequately analyze impacts to traffic, noise and aesthetics, nor does it incorporate feasible mitigation measures that would minimize the impacts identified above. The Stonnons believe the City must incorporate their suggested mitigation measures or prepare additional studies (noise and traffic) to d~;~.~..:ne what level of mitigation is needed to minimize the significant impacts identified. At a minimum, if ~e City chooses not to incorporate the suggested mitigation measures, the Ci.ty must recirculate the DEIR. Cc; Honorable Chairman and Memb fthe PI Debbie Ubnoske, Planning Director Brad & Nicole Stonnon . . RVPUB\sALV AOOR.SA1...A7..AR\702643.1 RECEIVED: 10/26/05 3:56PM; ->CITY OF TEMECULA; #378; PAGE 2 . .. . 10/26/2005 04:21 PAGE 02/03 9516821832 BBK IN""'" WEU.S C7e,01 56B"?-6 I I BEST' BEST & KRIEGER LLP A <=^Uf'OfllNIA LJMfTC I.IAf)tl.:lT'I' PARJNIiRSHI~ INCLUDIt<<J pqo"E5S1OtW.. ~~ LAWYERS 37$0 UNlVERSrtY AVENUE POST 0FF1CE: BOX 1 O~e RNERSlDE. CAL.JF'ORNIA 0'2""'02-1 028 (95 I , 000-1 450 C9~ I J 688-3083 fAX BBK1..AW,COM WAl.N\IT CREEK a;lI25J 7.4&-7300 :'IACIW<EtITO '~l e) .325..4000 IRVINE (Q4~) Ze3-ZCOO $AN DIE~ (619) 52.$-1300 ONTARIO (gag) geo-ee.04 S.....VAOOR M. s.uw.R SALVAOOR.SAL.A%AA@BIIKLAW.COM October 26, 2005 Via Facsimile and First Class Mail Emery Papp, Senior Planner City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 RE: EXTENSION OF PUBLIC REVIEW PERIOD FOR TEMECULA HOSPITAL EIR FOR PA04-0462, PA04-1463, AND 'tA04-0S71 (UNIVERSAL REALm SERVICES HOSPITAL PROJECT) Dear Mr. Papp: This law firm represents Brad and Nicole Stormon, owners of a single family residence located on the northeast comer of DePortola Road and Pio Pico Road directly across the street from the northerly boundary of the pi )posed Universal Health Services Hospital development project ("Project"). ' We have received a copy of the Draft Environmental Impact Report (DEIR) prepared for the Project It is our understanding the public review period fot' the Project DEIR will terminate on Friday October 28, 2005. The public review period for the DEIR is only 30 days. However, as you know, CEQA requires a 45 day review time frame for regionally significant projects like thi$ one. Due to the complexity of the Project, we are requesting additional time to review and comment on the DEIR. We request to be permitted to review and submit comments, if any, by ThUISday November 10, 2005. We understand that the City must balance the ability of the public to respond within the time frame against the interest of the applicant. However, the additional time requested will not interfere with the scheduled Planning Commission and City Council meetings of November 16, and November 22, 2005, respectively. RVPUBISAL v ADOR.SALAZAR\702616.1 RECEIVED: 10/26/05 3:56PM; ->CITY OF TEMECULA; ,#378; PAGE 3 10/26/2005 04:21 9516821832 BBK PAGE 03/03 LlW -w~.._~ OF BEST BEST & KRIEGER UP City ofTemecula, Planning D~A'''' y..ent October 26, 200S Page 2 . Should you have any questions please call me. Thank you. S' y, "'" ~ Cc: Debbie Ubnoske, Planning Director Brad & Nicole Starman . . RVPUIlISAL V ADOR.SAUJ.AR\102616.1 V ARREN D. WILLIAMS nernl Manager-Chief Engineer . , '. . 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 951.788.9965 FAX www.floodcontrol.co.riverside.ca.us RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT October 26, 2005 hU " T~l i ~ Ii i1 " ii j: OCT :I 1 2005 Ui. Mr. Emery J. Papp, Senior Planner City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 Dear Mr. Papp: Re: Draft Environmental Impact Report for Temecula Regional Hospital Thi~ letter is written in response to the Draft Environmental Impact Report (DEIR) for the Temecula Regional Hospital project. The proposed project is located on the north side of Highway 79 South, south of De Portola Road, and "l'l'wAimately 700 feet west of Margarita Road, within the city of Temecula. The Riverside County Flood Control and Water Conservation District (District) has the following comments/concerns that should be addressed in the Environmental Impact Report (EIR): I. Existing District facilities are located adjacent to the proposed project area and may be impacted. The proposed project may impact the District's Teniecula Creek Line V. Any work that involves District rights-of-way, easements, or facilities will require an encroachment permit from the District. The construction of facilities within road right- of-way that may impact District storm drains should also be coordinated with us. To obtain further jnfonnatiOn pn encroachment permits or exjsting facilities, contact Ed Lotz of the EncroachmentPennit Section at 951.955.1266. 2. Page 4-33, Sectjon 4.3 Hydrology and Water Qualjty of the DEIR incorrectly states that the District reviews all proposed projects within the planning area. Please be advised that the Djstrict does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check City land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of specjfic interest to the District including District Master Drainage Plan facilities, other ',regional flood control and drainage facilities which could be consjdered a logical component or extension of a master plan system, and Area' Drainage Plan fees (development mitigation fees). Please refer to the previous letter dated August 25, 2005 that is included in the NOP Responses section of the DEIR. . Mr. Emery J. Papp Re: Draft Environmental Impact Report for Temecula Regional Hospital -2- October 26, 2005 3. It is unclear in the DElR where the proposed stonn drain system will outlet. Any impacts that may occur to the District's existing Line V Stage 2 Channel as a result of the connection should be addressed. Potential impacts include, but are not limited to, biological resources, air quality, water quality and potential for increased erosion due to concentration of flows. Thank you for the opportunity to comment on the DElR. Please forward any subsequent environmental documents regarding the project to my attention at this office. Any further questions concerning this letter may be referred to Steven Horn at 951.955.1200 or me at 951.955.1233. TERESA TIJNG Senior Civil Engineer c: TLMA Attn: David Mares Ed Lotz SCH:mcv P8\102972 . . . , _:t::.eli::.a...=-. ..__...~...... __""""':.1"1 ___ .._.::IIlII:::II....I_a_;_~~__.,a'...._ 10/2812005 Y3: 21 FAX 9095069491 PECHANGA CULTURAL ~ 001/006 . Pechanaa Cultural Resource Center Temeuelo Bond of Lulscno Mission Indians Pec:hongo ReseNatlon Post Office Box 2183 Temeculo. C4llfomlo 92593 Telephone: (951) 308-9295 Facsimile: (951) 506-9491 Please Deliver To: fu:(l"',~ Th.pt. . Fax#: (~I ) ~'N - (f,1.{l},+- FacsimUe Inf'onnation Paf!}. Attn:f~ ~S ~~. From: PCRC Total Number oCPages Sent Indudlng this Page: h . NOTICE: HYou Do Not Recelve Lqlble Copies of All The Page$, Please Call (\10\1) J08-9Z\lS ASAP aDd ..uk For The Sender. '~n\P ~i\ ~ r .Nr1(f\f'^~"', on \)a.~ FIR Ai- (fft'lt~ :l1~t41 SENT BY: DAn;: SENT: RE: ThIs craosmlllloo I. Inleoded ooly for the use of (be individual or eotity Co glcb Ills addressed aDd may COlllaln IIlfQflDlllloo that Is prlvlleged. coQOdenClaIBod enmpt from disclosure uDder applieable Iaw_ H the reader oUbIs _age Is not the Intended recipient, or tbe employee or ageul responsible for deUverlug the lIIeSSlI&e to the InleJldedreclplent, yoo are bereby notified that 811)' dissemination, dlsCrlbulloD or photocopyJna: oC this .,..".",.,:' ",1100 Is drIef\y prohlblted. U you have recdTed this commlUlleaCloo 10 error, please nowy as l1\lMEDL\11!:LY by telepbooe, Bod .. ",." the orlgtoal message to us at the above addftla via the U.s. POBtal ScnIee. Thllblt. you. COMl............: .+taal ~ I ,\~\ ~Il;:w ; (\ ~1. ~~f\U Ir.qA- I ~~^<Yl.r( ~h i. ORIGINAL: WILL WILL NOT Sl!:ND 2.!t'FffiM RFr.~rm YES NO RECEIVED: 10/28/05 1:33PM; ->CITY OF TEMECULA; #399; PAGE 2 10/28/2005 13,21 FAX 9095069491 PECHANGA CULTURAL Ii!J 002/006 ('h:loilJlcr:-on: (k'nn:nnc ArCTl!h . PECHANGA CULTURAL RESOURCES Temec-ula Band (!f Luiseiio Missioll IlIdialls VlccChllll'pC'fVlll: Mury l:kur MagC(." Pnst Office. Box 21M]. Ten'c~la, CA 9159] Telephone (951) 30K-9295 . Fax (951) 50(,-9491 Cummlncc Mcmh~; I{aymlmd Ha.~IIC7, Sr. hie (icrhcr Darlene Mil'3.nda Rridr.cn [lMCCUtl M:rxwdl ni(\"l"llll, (f;/IyO\,Rui.. October 24, 200S Cuun.lillalUI: I'il\ll!vlill',nru Emery J. Papp City ofTemccula Planning Department 43200 Business Park Drive Temecula, CA 92590 rllllur:ll ^l\lIly:d. Sh:plmm.: (;.lnlm Momtur SUfl4.'f"VI~ur: Aun'lia MllrTUO'U Re: Comments on Temecula Regional Hospital Environmental Impact Report Dear Mr. Papp, TIus comment tetter is submitted hy the Pechanga Band of Luiseiio lndiims (herejnallcr, . "Pechanga Tribe"), a federally recognizcd Indian tribe and sovereign government. The Pechanga Tribe is formally requesting, pursuant to Public Resources Code 92 1092.2, to bc notified and jnvolved in the entirc CEQA environmental review process for the duration of the above referenced project (thc "Project''). Pursuant to our discussion yesterday, it js the Tribe's understanding that, in addition to the condjlions listed as itcIlls 5b and 5i ill the initial study, the City jntends to include as a condition of approval, to be completed prior to grading, the requirement for a Treatment Agreement between the developer and the Tribe. As discussed, the Tribc has some additional items which it will be requesting be added as mitigation measures and conditions of approval. WhiIc thc Tribe appreciates the City's wjllingness to include conditions of approval for the project which will protect the potenljal cultural resources on the site, it has a concern about the City's lack of inclusion of cultural resources in its CEQA evaluation of the projecl. I am also requesting that the County of Riverside include an additjonal mjtigation measure that deals specifically with the treatment of remains, ifthey are found during any grading activjty. The mitigation requirements should also include jnfonnation relating to the pre-excavatjon agreement which requjres the developer to provjde compensation to the monilors during thc Project. . Sar.r.'d lti The n'J~V 1his((ul lInto (Jllr ('mv ,4nd Wi,h HfJl/nr We Ri,,,e. T,) Th,., Need RECEIVED: 10/28/05 1:33PM; ->CITY OF TEMECULA; #399; PAGE 3 . . . 10/2~/2005 13:21 FAX 9095069491 PECHANGA CULTURAL ~ 003/006 'Pechanga comment teller to thc County of Riverside Planning Department RE: Commenls on Draft Focused fiR for the Temecula Regional Hospital Page 2 :rHE LEAD AGENCY MUST INCLUDE AND CONSULT WITH THE TRIBE IN ITS. REVIEW PROCESS It has bccn the intent of the Federal Governmentl and the State ofCaljfomja2 that Indian tribcs be consulted with regard to jssucs which impact cultural and spiritual resources, as well as other govcrnmcntal concerns. 111e responsjbjlity to consult with Indian tribes stems from the unique government-lo-government rclationship between the United States and Indian tribes. Thjs arises when tribal interests are affected by the actions of govemmcntal agencies and departments such as "t'1'",Ial of Specific Plans and EIRs. In this case, it is undisputed thatlhe project lies within the Luiseiio tribe's traditional territory. Therefore, in order to comply with CEQA and other applicable Federal and California law, it is imperative that the Lead Agency and the Project lIPplicant consult with the Tribe in order to guardlltee an adcquatc basis of knowledge for an appropriate evaluation of the project effects, as wen as generating adequale mjtigation measures. THE CITY INADEOUATELY ADDRESSED CULTURAL RESOURCES IN THE DEIR While a copy of the cultural resources survey is jncluded jn the EIR and the Tribe understands that a "focused" ElR was intended, there js no scction discussing cultural resourccs and no mitigation measures specifically addressing cultural resources, despite the fact that the City and cultural resources report acknowledge that the Project is in a culturally sensitive area. As the City is aware, there is a highly sensitive cultural site jn close proximity to this Projecl sjte. While the cultural resources report concludes that lherc wcrc no resources located on the project site, this is not a conclusive evaluation since no subsurface testing was perfonncd. Because of the proximity to the olher significant site, the Tribe believes there is a likelihood for cultural resources to be encountered during ground disturbing activities. Thus, the Tribe believes that cultural resources should have bccn includcd as a topic of evaluation in the focused ElR. CEQA makes clear that the main purposes of an EIR is to identify and analyzc thc environmental effects of a project. (California Public Resource Code 921002.I(a); 14 California Code ofRegulatjons ("Guidelines") 915126). As currently drafted, the draft ElR does not provide adequate protection for significant archaeological and cultural sites and does not adequately follow the provisjons for CEQA and its Guidelines, including Calif. Pub. Res. Code S21083.2(b) (avoidance as prcfcrrcd method of preservation of archaeological resources), CEQA Guidelines 9 15 I 26.4(b)(3) (agencies should avojd e/Tccts on historical resources of archaeological nature), and CEQA Guidelines 915020 (lead agency responsible tor adequacy of cnvirownental documents). Inclusion of project conditions of approval does not subsljtule for the City's obligations to adequately mitigate undcr CEQA. I See Executive Memorandum of April 29, 1994 on Government-la-Government Relations with Native American Tribal Gover=nlS and Executive Oeiler of November 6, 2000 on Consultation and Coordination with Indian Tnbal Govemments. 2 See California Public Resource Code ~5097.9 et scq. Pecbal1ga Clllrural R('som"l'(~.r . 1(/II1(!cllla Band ofLu;S(!11o M;s,'i/'ol1 Indian... POSI Office Box 1183. Temecula. CA 91592 Sacred Is Tire Duly Tnu'led UnIO Our Care And '}llh Honor We Ri.w;'1u The Nt:ed RECEIVED: 10/28/05 1:33PM; ->CITY OF TEMECULA; #399; PAGE 4 10/2812005 13:22 FAX 9095069491 PECHAN6A CULTURAL . ~ 004/006 Pechanga comment letter to the County ofRjverside Planning Department RE: Comments on Draft Focused EJR for the Temecula Regional Hospital Page 3 . In order to approve an EIR the Cjty is required to make finding that it has adopted mitigation measures that have climinated or substantially lessened all significant effects on the environment where fcasible. CEQA Guidcline ~ 15092_ Since therc are currently no mitigation measures addressing cultural resources, the focused ElR does not fully address the required cultural resources t..~t,,_lions as it does not propose mitigation measures which would eliminate or substantja1ly lessen significant effects on cultural resources. Bccause there is a potential for the djscovery of cultural resources and/or human remains on the Project sittl, "t't'.ut'riate mitjgation must be adopted. Pursuant to Public Resources Code 21082 and CEQA Guidelines 99 15064.5; 15126.4 and 15151 a Lead Agency should make provisions [or historical or unique archaeological resources discovered during constructjon. As detailed below, inclusion of mitigation measures addressing cultural resources are needed to address the Tribe's cultural concerns and to assure that the Project is in full compliancc with the Califomja Environmental Quality Act (CEQA) and its jmplementing regulations, Calif. Pub. Res. Code 921000 et seq.. and CEQA Guidelines 9 15000 et seq. rt is the Tribe's position that its proposed mitigation measures will enable the City to make the requjred findings. The CEQA and jts Guidelines mandate that avoidance is the preferred method of preserving archaeological resources, Calif. Puh. Res. Code 92 I 083_2(b). See a/so CEQA Guidelines ~ 15126.4(b)(3). . PROJECT IMPACTS TO CULTURAL RESOURCE!i The Pechanga Tribe's primary concemS stem from the project's likely impacts on Native American cultural resourccs. As was discussed above, the potential likelihood of discovering cultural resources js very high, due to other known rcsources found jn close proximity to this project. The most well known cultural site within this area js a hugc Luiseiio village sjte, which has been previously documented and is known to contain at least fifteen archeological sites within a one mile radius of this vjllage. Within this village site numerous CUlturoll jtems have been found jncluding whole metates as well as fTagments, pottery shards and many other personal and sacred items. The Pechanga Tribe is concerned about both the protection o[ uniquc and irreplaceable cultural resources, such as Luisefio vjllagc sites and archeological items which would be displaced by ground disturbing work on the project, and on the propcr and lawful !reabnent of cultural items, Native American human remains and sacred items likely to be discovered in the course of the work. The Tribc would also Ijke to point out that a preferred method of treattnent for archeological sites according to the CEQA is avoidance and that this is in a6' ""...ent with thc Tribe's practices and policies concerning culluml rtlSources. The Pechanga Tribe asserts that the Project area js part of the Pechanga Tribe's aboriginal territory, as evidenced by the existence of Lujsciio place names, rock art pictographs, . petro glyphs and extensive artifact records found in the vi~initv of the Protect. Further, the PeclIaJlga Cultural Re.\'ouyC(!j' . leml!('ula Baml olLflis(!/jo Miss;nn Indian.,> Post ODic'" Box 2183. 1imleclI/a. CA 92.59.7 Sl/('n:d Is The DillY TrJL~red Umo()ur ('areAlId With liQuor We. Ui.\'(! Ih Thf! NCi'd RECEIVED: 10/28/05 1:34PM; ->CITY OF TEMECULA; #399; PAGE 5 PECHAHGA CULTURAL iii 005/006 10/28/2005 ~3:22 FAX 9095069491 . . . Pechanga comment letter to the County of Riverside Planning Department RE: Comments on Draft Focused EIR for tbe Temecula Regional Hospital Page 4 Pechanga Tribe believes that ifhuman remains are discovered, State law would apply and the mitigation measures for the permit must account for this. According to the California Public Resources Code, S 5097.98, if Native American human remains are discovered, the Native American Heritage commission must name a "most likely dcscendant," who shall be consulted as to the "t'luVI',;ate disposition of the remains. Given the Project's location in Pechanga territory, the Pechanga Tribe intends to assert its right pursuant to California law with regard to any remains or items discovered in the course of this project. For this reason, additional mitigation language is requested prior to the finalized ETR being approved. REOUlRED MITIGATION Given this Project's close proximity to known cultural sites that were not discussed in the Initial cultural study, including a known village site, Pechanga request the Conditions of Approval that were presented in the Initial Study, along with those addresses below, be included as mitig-.ltion measures as well as Conditions of Approval which are required to be met prior.to the issuance of grading permits. The following conditions listed in the Initial Study are requested to be included as mitigation: 1. The landowner agrees to relinquish ownership of all cultural resources. including archaeological artifacts found on the project site, to the Pechanga Band of Luiseiio Indians for proper treatment and disposition to the extent authorized by the law. 2. Monitoring by a professional qualified paleontologist, archaeological and Pechanga Tribe monitor is required during all ground disturbing activities. The monitor's shall each have the authority to temporarily hall andlor divert grading equipment to allow for removal of abundant or large specimens. The monitor shall remove samples of sediments, which are likely to contain remains of fossil inv"",,;'. ~tes and vertebrates. The following measures should be included as both mitigation measures and conditions of approval: 3. If human remains are encountered, all activity shaH stop and the Counly Coroner must be notified immediately. All activity must cease until the County Coroner has dctcnnined the origin and disposition of said remains. The Coroner shall detennine if the remains are prehistoric, and shaH nolify the State Native American Heritage Commission if applicable. Further actions shall be determined by the desires of the Most Likely Descedent. 4. Prior to issuance of the grading penn it, the developer shall enter into a Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be encountered during construction. The Agreement will further contain PI'clltl/J~a Cultural R"solfn:es . n''n1cwulo Rand (if r,ui,\'e,jo Mission Indians Post Office Box 2183' u'm<,c/lla. CA 92592 Sncn~d l\- The DUly Tnu'/r:d Untu Our Om' ,A"d n""th Horror We Rise 'f(1 The. Nt'.p.d RECEIVED: 10/28/05 1:34PM; ->CITY OF TEMECULA; #399; PAGE 6 10/28/2001 13:22 FAX 9095069491 PECHAHGA CULTURAL Pechanga comment leller to the County of Riverside Planning Department RE: Comments on Draft Focused EIR for the Temecula Rcgional Hospital Pagc 5 provisions of tribal monitors and address compensation for the Native American monitors being paid by the developers. 5. All sacred sites within the Project area are to be avoided and preserved, iii 006/006 . The Pechanga Tribe looks forward to working together with the applicant, the City of Temecula Planning Department and other interested agencies in protecting the invaluable Luiseiio cultural rl;:Sources found in the Project area. If you have any questions, please do not hesitate to contact me at (951) 308-9295 or Laura Miranda at (951) 676-2768, Ext. 2137. Thank you fOT the opportunity to submit these comments. Sincerely, ~~. t /jJJJfi Stephanie Gordin Cultural Analyst ._ L..... . Peclzall~a Cultural Rc!.liOun.:e."i . Teme/:llla Band ,?f1.ui.\'f!/;O Mi...sion Indian.\' Post Office Box 1I8J . Tell/ecllla. CA 9]591 Sacred It l1re fJrJly 'f'mt1rd {lt1/n OIl" Ciw(' And With Ifo"ol' #-t(, U;-;e To The Nl!(,d . . . " I .::~ ........- - . ] Arnold =;;;;..o~~'" o ~~~~1~~~ .to Department of Toxic Substances Control Alan C. Uoyd, PIt.D. kiJen<:j SecmlalY CallEPA 5796 Corporate Avenue Cypress, California 90630 October 14, 2005 Mr. Emery J. Papp City of T emecula 43200 Business Park Drive Temecula, California 92590 By NOTICE OF PREPARATION FOR THE TEMECULA REGIONAL HOSPITAL DRAFT ENVIRONMENTAL IMPACT REPORT (SCH#2005031 017) Dear Mr. Papp: . The Department of Toxic Substances Control (DTSC) has received your submitted Notice of Preparation (NOP) for the draft Environmental Impact Report (EIR) for the above-mentioned project. The following project description is stated in your document: "A proposed General Plan Amendment, Zone Change (Planned Development Overlay District), Tentative Parcel Map, Development Plan and Conditional Use Permit to consider a Regional Hospital Facility consisting of a 320-bed hospital approximately 408,000 square feet in size, two medical office buildings approximately 140,000 square feet in size, a 10,000 square foot cancer center, and an 8,000 square foot fitness rehabilitation center, all totaling approximately 566,160 square feet, located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road. . Based on the review of the submitted document DTSC has comments as follow: 1) The EIR should identify and determine whether current or historic uses at the project site may have resulted in any release of hazardous wastes/substances. 2) The EIR should identify any known or potentially contaminated sites within the proposed Project area. For all identified sites, the EIR should evaluate whether conditions at the site may pose a threat to human health or the environment. A Phase I Assessment may be sufficient to identify these sites. Following are the databases of some of the regulatory agencies: '. . National Priorities List (NPL): A list maintained by the United States Environmental Protection Agency (U.S.EPA). * Printed on Recycled Paper J . Mr. Emery J. Papp October 14, 2005 Page 2 . . Site Mitigation Program Property Database (formerly CaISites): A Database primarily used by the California Department of Toxic Substances Control. . Resource Conservation and Recovery Information System (RCRIS): A database of RCRA facilities that is maintained by U.S. EPA. . Comprehensive Environmental Response Compensation and Liability Information System (CERCLlS): A database of CERCLA sites that is maintained by U.S.EPA. . Solid Waste Information System (SWIS): A database provided by the California Integrated Waste Management Board which consists of both open as well as closed and inactive solid waste disposal facilities and transfer stations. . Leaking Underground Storage Tanks (LUST) / Spills, Leaks, . Investigations and Cleanups (SLlC): A list that is maintained by Regional Water Quality Control Boards. . Local Counties and Cities maintain lists for hazardous substances cleanup sites and leaking underground storage tanks. · The United States Army Corps of Engineers, 911 Wilshire Boulevard, Los Angeles, California, 90017, (213) 452-3908, maintains a list of Formerly Used Defense Sites (FUDS). 3) The EIR should identify the mechanism to initiate any required investigation and/or remediation for any site that may be contaminated, and the government agency to provide appropriate regulatory oversight. If hazardous materials or wastes were stored at the site, an environmental assessment should be conducted to determine if a release has occurred. If so, further studies should be carried out to delineate the nature and extent of the contamination, and the potential threat to public health and/or the environment should be evaluated. It may be necessary to determine if an expedited response action is required to reduce existing or potential threats to public health or the environment. If no immediate threat exists, the final remedy should be implemented in compliance with state regulations, policies, and laws. . ',.. . . . Mr. Emery J. Papp October 14, 2005 Page 3 4) All environmental investigations, sampling and/or remediation should be conducted under a Workplan approved and overseen by a regulatory agency that has jurisdiction to oversee hazardous substance cleanup. The findings of any investigations, including Phase I and II investigations, should be summarized in the document. All sampling results in which hazardous substances were found should be clearly summarized in a table. .5) Proper investigation, sampling and remedial actions, if necessary, should be conducted at the site prior to the new development or any construction, and overseen by a regulatory agency. 6) If any property adjacent to the project site is contaminated with hazardous chemicals, and if the proposed project is within 2,000 feet from a contaminated site, except for a gas station, then the proposed development may fall within the "Border Zone of a Contaminated Property." Appropriate precautions should be taken prior to construction if the proposed project is within a "Border Zone Property. 7) If building structures, asphalt or concrete-paved surface areas or other structures are planned to be demolished, an investigation should be conducted for the presence of lead-based paints or products, mercury, and asbestos containing materials (ACMs). If lead-based paints or products, mercury or ACMs are identified, proper precautions should be taken during demolition activities. Additionally, the contaminants should be remediated in compliance with California environmental regulations, policies, and laws. , 8) The project construction may require soil excavation and soil filling in certain areas. Appropriate sampling is required prior to disposal of the excavated soil. If the soil is contaminated, properly dispose of it rather than placing it in another location. land Disposal Restrictions (lDRs) may be applicable to these soils. Also, if the project proposes to import soil to backfill the areas excavated, proper sampling should be conducted to make sure that the imported soil is free of contamination. 9) Human health and the environment of sensitive receptors should be protected during the construction or demolition activities. A study of the site overseen by the appropriate government agency might have to be conducted to determine if there are, have been, or will be, any releases of hazardous materials that may pose a risk to human health or the environment. , . Mr. Emery J. Papp October 14, 2005 Page 4 . 10) If it is determined that hazardous wastes are, or will be, generated by the proposed operations, the wastes must be managed in accordance with the California Hazardous Waste Control Law (California Health and Safety Code, Division 20, chapter 6.5) and the Hazardous Waste Control Regulations (California Code of Regulations, Title 22, Division 4.5). 11) If it is determined that hazardous wastes are or will be generated and the wastes are (a) stored in tanks or containers for more than ninety days, (b) treated onsite, or (c) disposed of onsite, then a permit from DTSC may be required. If so, the facility should contact DTSC at (818) 551-2171 to initiate pre application discussions and determine the permitting process applicable to the facility. 12) If it is determined that hazardous wastes will be generated, the facility should obtain a United States Environmental Protection Agency Identification Number by contacting (800) 618-6942. 13) Certain hazardous waste treatment processes may require authorization from . the local Certified Unified Program Agency (CUPA). Information about the requirement for authorization can be obtained by contacting your local CUPA. 14) Ifthe project plans include discharging wastewater to storm drain, you may be required to obtain a wastewater disCharge permit from the overseeing Regional Water Quality Control Board. 15) If during construction/demolition of the project, soil and/or groundwater contamination is suspected, construction/demolition in the area should cease and appropriate health and safety procedures should be implemented. If it is determined that contaminated soil and/or groundwater exist, the EIR should identify how any required investigation and/or remediation will be conducted, and the appropriate government agency to provide regulatory oversight. 16) If the site was and/or is used for agricultural activities, on site soils may contain pesticide, herbicides and agricultural chemical residue. Proper investigation and remedial actions, if necessary, should be conducted at the site prior to construction of the project. DTSC provides guidance for cleanup oversight through the Voluntary Cleanup Program (VCP). For additional information on the VCP, please visit DTSC's web site at www.dtsc.ca.gov. . t . . . . Mr. Emery J. Papp October 14, 2005 Page 5 If you have any questions regarding this letter, please contact Mr. Joseph Cully, Project Manager, at (714) 484-5473 or email atjcully@dtsc.ca.gov. Sincerely, fff~ Greg Holmes Unit Chief Southern California Cleanup Operations Branch - Cypress Office cc: Governor's Office of Planning and Research State Clearinghouse . P.O. Box 3044 Sacramento, California 95812-3044 Mr. GuentherW. Moskat, Chief Planning and Environmental Analysis Section CEQA Tracking Center Department of Toxic Substances Control P.O. Box 806 Sacramento, California 95812-0806 CEQA #1179 ;. . ?eSb, ~rr. 2f iverside County nsportation CJ ......:ssion Riverside County Regional Complex 4080 Lnnon Stre_~ 3rt! Floor' Riverside, California Mailing AJJr.ss: Post Offi<- Box 12008 . Riverside, California 92502-2208 Pho", (951) 787-7141 . Fax (951) 787-7920' www.mc.org "'m~."~ --. I" [F October 4, 2005 Mr. Emery J. Papp Senior Planner City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 fO) ~ @ ~ 0 ill ~ '\ 1li1 OCT 1 3 2005 ~ By Subject: Draft Focused Environmental Impact Report (EIA) for the Temecula Regional Hospital Project (SCH No. 2005031017) Dear Mr. Papp: The Riverside County Transportation Commission (RCTC) received a copy of the Draft Focused Environmental Impact Report (EIR) for the Temecula Regional Hospital Project in the City of Temecula on September 29, 2005 and are providing you with the following comments: 1. RCTC is concerned about any potential impacts to State Route 79 (SR-79) and Interstate 15 (1-15). Most of the impacts are. expected to occur at driveways entering. onto SR-79 and local streets such as De Portola Road as well as other nearby roadway intersections. Several mitigation measures are listed in Section 4.6 (Transportation) pages 4-93 through 4-95 and again on pages 1-15 and 1-16 and pages 1-18 through 1-20 of the Executive Summary, which would alleviate potential impacts. RCTC supports the City's requirement for these mitigation measures. Please ensure that all mitigation measures are implemented both during and after construction. 2. Will "Preemption" of local traffic signals be used for emergency vehicles entering and exiting the hospital, especially ambulances approaching the Emergency Room? Will emergency vehicles use the main entrance way at SR-79 or will they have a separate designated access? 3. Will an Emergency Operations Plan be prepared that will outline procedures to evacuate the facility during a disaster emergency? Would all the evacuation traffic be forced onto 1-1 5? 4. The Hospital is defined as a Regional Facility. The new MRI, cancer treatment facilities and Fitness Center will draw patients from a broad area. Have the cumulative impacts of these potential traffic generators been fully evaluated to determine that all necessary and appropriate measures are included before final project approval? I Focused Environmental Impact Report (EIR) for the Temecula Regional Hospital Project (SCH No. 2005031017) Page -2- . 5. The Draft Focused EIR indicates that adequate parking will be provided (1,278 spaces lJn surface lots). What about employee parking? Is it included in the 1,278 space total? What measures will be put into place to prevent employees from parking in the surrounding neighborhood? 6. In the future, the hospital surface lot parking areas could be absorbed by expansion projects. Will the future parking demand be fulfilled by parking structures and has any preliminary thought been given as to where these structures might be? Access and visual impacts are usually significant impacts associated with parking structures and should be given early consideration. 7. There are many other residential and commercial development projects near the Hospital project area and RCTC wduld like to see that all of this ongoing effort is closely coordinated. Coordinate directly with Caltrans concerning SR-79 and 1-15. for this project. Contact John Pagano, Caltrans IGR Coordinator, at (909) 383- 6327. This concludes RCTC's comments. Should you have any questions or require additional information, please contact Bechtel Measure "AU Project Coordinator, Gus~avo Quintero, at . (951) 787-7935. Thank you for giving RCTC the opportunity to comment on your Draft Focused EIR. J!'" l HId"" ~1,:"" Ex.,""," DIre,." RCTe Riverside County Transportation Commission Cc: John Pagano, Caltrans 08 Bill Hughes, Mike Davis, Gustavo Quintero- Bechtel . M :\Environmental Reviews Non-Project\ 1 00305DE!RT emeculaHospitalProjec.doc S TAT E OF CALI FOR N I A Governor's Office of Planning and Research State Clearinghouse and Planning Unit ~.~ j* 1 ~.~~~/ . Arnold Scbwarzcnegger Governor Sean Walsh' Director Sc.I'~c.",ber 26, 2005 OCTO 3 Z005 Emery J. Papp City of Temecula 43200 Business Park Drive Temecula, CA 92590 RE: Temecula Regional Hospital (EIR) SCH#2005031017 Dear Emery J.Papp: We have reviewed your shortened review request and have determined that it is consistent with . the criterIa set forth in the written guidelines of the Office of Planning and Research for shortened reviews, and Section 21091 of the Public Resources Code. . The shortened review period for an EIR shall not be less than 30 days. The review process for the referenced project will start on 09/28/2005 and end on 10/28/2005. . If you have any questions, please contact Scott Morgan at (916)445-0613. S?~. . '''1 . ~~' r-- Director cc: file ,:" . 1400 """':0. on,,,,,,,, P.O. BOX 3044 SACRAMENTO. CALIFORNIA 95812-3044 TEL (916) 445-0613 FAX (916) 323.3018 www.opr.cagov . . . ATTACHMENT NO. 10 AUTHORIZATION OF SHORTENED PUBLIC REVIEW OF DRAFT EIR R\C U P\2004\04-0463 Temecula Regional Hospital\PC 11-16-05\PC-STAFFREPORTll-16-05 v2.doc 45 S TAT E OF CALI FOR N I A Governor's Office of Planning and Research State Clearinghouse and Planning Unit .~.~~ 1*\ ~ _I .'-: - . ""'''''~ . Arnold : . chwarzenegger Governor Scan Walsh. Director September 26, 2005 OCT 0 3 Z005 Emery J. Papp City of Temecula 43200 Business Park Drive Temecula, CA 92590 RE: Temecula Regional Hospital (ElR) SCH#2005031017 Dear Emery J. Papp: We have reviewed your shortened review request and have determined that it is consistent with the criteria set forth in the written guidelines of the Office of Planning and Research for shortened reviews, and Section 21091 of the Public Resources Code. '. The shortened review period for an ElR shall not be less than 30 days. The review process for the referenced project will start on 09/28/2005 and end on 10/2812005. If you have any questions, please contact Scott Morgan at (916) 445-0613. Sincerely, ~-- ..1/ c..-----~(r- ~erry Roberts Director cc: file . 1400 ,"'" '0 STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812.3044 TEL (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov I( Shortened Review Request Form Form E (To be filled out and signed by the Lead Agency and submitted with DEIR or Negative Declaration to SCH) . To: State Clearinghouse P.O. Box 3044 Sacramento, CA 95812-3044 From: CITY OF TEKECULA LeadAgCncy: 43200 Business. Park Drive Address Temecula. CA 92590 Phone #: (951 ) 694-6400 SCH # ;1005031017 TEKECULA REGIONAL HOSPITAL Contact: ~i J. PAPP. AICP SENIOR PLANNER. Project Title: Project Location: TEKECULA City RIVERSIDE County Explain "exceptional circumstances" (CEQA. Section I 5205(d)) for requesting a shortened review: An initial studv (SCH #2005031017) for this Droiect was nreviouslv released for public review and comment with the intent of preparing a Mitigated Negative Declaration. The comment period for. the proposed Mitigated Negative Declaration was Karch 8. 2005 through April 6. 2005. No State Agencies commented on the original Initial Study. The scope _ the project has not changed; however. the City is now recommendi!!g that a Focused EIR be prepared. The attached letter was sent to agencies requesting their authorization for a shortened review. The City received no responses to this letter. List responsible and trustee state agencies, as well as any age~cies that have commented t?D the project (Indicate whether the Respon- sible and Trustee Agencies have granted approval for this shortened review):". Native American Heritage Commission 8/15/05 No comment concerning shortened request Riverside Transit Agency 8/19/05 Pechanga Cultural Resources 8/29/05 No comment concerning shortened request No coiDment concerning shortened request As designated representative for the lead agency, I verify, in their behalf, that there is no "statewide, regional, or areawide significance" to this project. .Length of review being requested: 30 days D'Y/U/OS ( . Today's Date EKKRY J. PAPP Print Name 2ft J ~y'f Revised January 2004 . '" I , , '" City of Temecula Planning Department 43200 Business Park Drive. Temecula. CA 92590 . Mailing Address: P.O. Box 9033 . Temecula. CA 92589-9033 (951) 694-6400 . FAX (951) 694-6477 August 2, 2005 Trustee and Responsible Agencies Subject: Request for Shortened Review of a Draft Focused EIR for the Temecula Regional Hospital Project Dear Agency: . The City of Temecula Planning Department will be the Lead Agency and will prepare a Focused Environmental Impact Report (EIR) for the Temecula Regional Hospital project. The City of Temecula is requesting a shortened (30-Day) review of the EIR for this project. The shortened review is being requested because at a scoping session, held on April 20, 2005 where the City heard public input and testimony, the City. determined that a Focused EIR analyzing potential impacts identified in the attached NOP should be prepared for this project. Furthermore, an Initial Study (SCH # 2005(31017) for this project was previously released for public review and comment with the intent of preparing a Mitigated Negative Declaration. The comment period for the proposed Mitigated Negative Declaration was March 8, 2005 through April 6, 2005. No State Agencies commented on the original Initial Study. Comments from the U.S. Fish and Wildlife Service have been addressed. The scope of the project has not changed; however, the City is now recommending that a Focused EIR be prepared. Pursuant to Section 15105(d)(3) and Appendix K of the California Environmental Quality Act (CEQA) Guidelines, the City of Temecula believes that the project is riot of statewide, regional, or area wide significance, as defined in Section 15206 of the CEQA Guidelines. Therefore, the City of. T emecula is requesting that your agency approve the request for a shortened review period for this project. We respectfully request that your agency provide written approval of the request for a shortened review period to Emery J. Papp, Senior Planner, City of Temecula,by August 15, 2005. If I may be of any assistance, please call me at (951) 694-6400, or via e-mail at emerv.oaoo@citvottemecula.oro. Thank you for your consideration and quick response to this request. Z:' / If ~e~ JJapp, , ~P 'if Senior Planner Attachments: Notice of Preparation Initial Study ..cc: (Continued on next page) -, Ie U P\2(I()4\04-046 Temecula Regional HospiIaJIShortened Review ReqUest. AgencIes.doc , , . - ) ;; State: , CA Department of Fish & Game . Regional Water Quality Control Board State Clearinghouse CA Department of Water Resources Federal: . Army Corps of Engineers U.S. Fish & Wildlife Service Bureau of Land Management Reciional: South Coast Air Quality Management District Western Riverside Council of Governments Riverside Countv: Airport Land Use Commission Flood Control and Water Conservation District Health Department Planning Department . Habitat Conservation Agency Riverside Transit Agency Transportation Department Utilities: . Eastern Municipal Water District Inland Valley Cablevision Rancho California Water District Southern Caiifornia Gas Southern California Edison Temecula Valley School District Metropolitan Water District of Southern California Ve~on Other: Pechanga Indian Reservation Eastern Information Center Lociil Agency Formation Commission Riverside County Transportation Commission . R:\C iJ I'I2OO4'<l4-046 Teme<:ula Regional HospitaI\Shortened Review Request. Agencies.doc i City of Temecula Plannin2.Department , Notice of Completion ~H # 2005031017 Project Title: Temecula Regional Hospital P A04-0462, General Plan Amendment and Zone Change; P A04-0463 Development Plan and Conditional Use Permit; and P A04-0571 Tentative Parcel Map Lead Agency: City of Temecula Street Address: 43200 Business Park Drive City: Temecula, CA Zip: 92590 Project Location City of Temecula, Riverside County Cross Streets: North of Highway 79 South, south of De Portola Road and west of Margarita Road . Assessor's Parcel No.: 920-100-001 through 13 Total Acres: 35.31 CEQA Document Type [ ]NOP r IEarly Cousultation Local Action Type [ ] General Plan Update [X]General Plan Amendment [ ]General Plan Element [ ]CommunityPlan r IOther_ DeveL,."" Type lResidential: Units_ Acres [ ]WaterFacilities: Type MGD [X]Office: Sq.ft.140.000 Acres 35.31 Employees_ []Transportation []Commercial: Sq.ft. _ Acres Employees_ []Mining: []Industrial: . Sq.ft._ Acres_ Employees_ []Power: []EducationaI: [ ]Waste Treatment: [ ]Recreatiow1' [ ]Hazardous Waste: [X]Other:JfosDitaI408.160 So. FI.: Cancer Center 10.000 So FI.: Fitness Center 8.000 So Ft.. Project Issues Discussed in Document' [X]AestheticlVisual [ ]Flood PlainlFlooding [ ]Schools/Universities [ ] Water Quality [ ]Agricultnral Land [ ]Forest LandlFire Hazard [ ]Septic Systems [X]Water supply/groundwaier [X]Air Quality [ ]Gealogic/Seismic [ ]Sewer Capacity [ ]Wetland/Riparian [ ]Archeoiogical/HistoricaI []MmeraIs [ ]Soil Erosion/Compaction/Grad [ ]Wildlife [ ]Coastal Zone [X]Noise ~ [ ]Solid Waste [ ]Growth Inducing [ ]Drainage/Absorption [ ]PopulationIHousing Balances[ ]Toxic/Hazardous [XlLand Use [ ]Economic/Jobs [ ]Public Services/Facilities [XlTraffic/Circulation [XlCumulative Effects r IFiscal [ ]RecreationlParks r IVe~etation r ]Other: Li~t & Glare Present Land Use: Vacant Current Zoning: Professional Office and Planned Development Overlay (PDO-8) General Plan Use: Professional Office Project Description: The proposed project includes a General Plan Amendment, Zone Change (PDO-9) Development Plan, Conditional Use Peimit and a Tentative Parcel Map. The General Plan Amendment is a request to eliminate the Z2 overlay area from the General Plan, which currently limits the height of buildings along Highway 79 to 2 stories. The Zone Change is a request to change the zoning from Professional Office and DePortola Road Planned Development Overlay (PDO-B) to Temecula Hospital Planned Development Overlay (PDQ-9). The proposed PDO-9 allows a height up to 115 feet for 30% of roof areas for hospital and edical offices. The Development Plan and Conditional Use Permit is a request to construct approximately 65,260 square feet of hospital, medical office, cancer center and a fitness rehabilitation center space on 35.31 acres. The Tentative Parcel Map is a request to consolidate eiQht (B) lots into one (1) parcel. Mail 10: Stare Clearinghouse. 1400 Tenth Street SacrlImenlo, CA 95814 (916) 445-0013 ContactPernon: EmeryJ.Papp Title: Senior Planner Phone: (951) 694-6400 Within 2 miles State Hwy #: Interstate 15, Highway 79 South Airports: N/A Waterways: Temecula Creek Railways: None Schools: Sparkman Elementary, Rancho Community (private school under construction) [ ]Negative Declaration []Supplement EIR rX]Draft EIR r ]Subsequent EIR [ ]EIR (Prior SCH #\ r IOther [ ]Specific Plan [ ]Master Plan [ ]Planned Unit Development [XlSite Plan/Plot Plan [X]Rezone [ ]Prezone [XlUse Permits [X]Subdivision of Land [ ]Annexation [ ]Redevelopment [ ]Coastal Permit [ ]City Development Project Type Mineral Type Type Type It:\C U 1'12004\04-0463 Ternecola Regional Hospital\NOTICE OF COMPlETION PEIR 09.26-05.doc I Environmental Affairs Air Resources Board APCD/AQMD California Waste Management Board SWRCB: Clean Water Grants SWRCB: Delta Unit SWRCB: Water Quality SWRCB:. Water Rights ...I. Regional WQCB # 9 Y onth & Adult Cv.. ~~;';ons Corrections Independent Commissions & Offices Energy ComIDission Native American Heritage ComIDission Public Utilities ComIDission SaIlta Monica Mountains Conservancy State Land ComIDission Tahoe Regional Planning Agency Food & Agriculture . Health & Welfare l Health Services REVIEWING AGENCIES CHECKLIST '. ; Resources Agency BoatinglWaterways Coastal ComIDission Coastal Conservancy Colorado River Board Conservation ...I Fish and Game Forcstty Office of Historic Preservation Parks and Recreation Reclamation S.F. Bay Conservation & Development Commission J:. WliterResources (DWR) Business, Transportation, & Housing ...I. Aeronautics l California Highway Patrol l Caltrans District No. -L ...I. Department of Transportation Planning (Headquarters) _ Housing & Community Development Other -. State & Consumer Services General Services ...I. aLA (Schools) ...I. ...I. ...I .L Public Review Period: Starting Datltember 28, 2005 Si~ature J~*- ] . KEY S=DOCun1ent sent by lead agency ~ X=Doc. ument sent by SCH T =Suggested distribution ( ) . Ending Date: October 28, 2005 Date September 23, 2005 Lead Agency (Complete if Applicable): For SCH Use Only: Date Received at SCH Date Review Starts Date to Agencies Date to SCH . Clearance Date Notes: City of Temecula 43200 Business Park Drive Temecula, CA 92590 Contact: Emery J. papp, AICP Phone (951) 694-6400 I I f Applicant: Universal Health Services, Inc. I Address 367 South Gulph Road King of Prussia, P A 19406 Phone (610) 768-3300 . R:\C U 1'12004\04-0463 Temecula Regional HospitallNOTICE OF COMPLETION FEIR 09-26-05.doc ? . . . ATTACHMENT NO.11 NOTICE OF COMPLETION/NOTICE OF AVAILABILITY OF A DRAFT EIR R\C U P\2004\04-0463 Temecula Regional Hospital\PC 11-16-05\PC-ST AFFREPORTll-16-05 v2.doc 46 '_-:::- -~. .:.L..,..___~ ',._" DATE: September 26, 2005 . TO: Responsible Agencies, Interested Parties, and Organizations SUBJECT: NOTICE OF COMPLETION/NOTICE OF AVAILABILITY OF A DRAFT FOCUSED ENVIRONMENTAL IMPACT REPORT FOR THE TEMECULA REGIONAL HOSPITAL PROJECT The City of Temecula is the Lead Agency for a Focused Environmental Impact Report (EIR) for the proposed Temecula Regional Hospital Project. Preparation of this EIR is required by the California Environmental Quality Act (CEQA). The purpose of an EIR is to provide decision makers, public agencies, and the general public with an. objective and informative document that facilitates a basic understanding of the proposed project, including direct, indirect, and cumulative environmental effects. The EIR also identifies feasible mitigation measures to mitigate significant environmental effects. The City of Temecula will use the EIR to obtain permits, agreements, and approvals from necessary agencies to implement the portions of the project under their respective authorities. . Pro Dosed Project The proposed project includes a General Plan Amendment, Zone Change (PDO-9) Development Plan, Conditional Use Permit and a Tentative Parcel Map. The General Plan Amendment is a request to eliminate the Z2 overlay area from the General Plan, which currently limits the height of buildings along Highway 79 to 2 stories. The Zone Change is a request to change the zoning from Professional Office and DePortola Road Planned Development Overlay (PDO-8) to Temecula Hospital Planned Development Overlay (PDO-9). The proposed PDO-9 allows a height up to 115 feet for 30% of the roof area of the hospital. The Development Plan and Conditional Use Permit is a request to construct approximately 565,260 square feet of hospital, medical office, cancer center and a fitness rehabilitation center space on 35.31 acres. The Tentative Parcel Map is a request to consolidate eight (8) lots into one (1) parcel. Proiect Location The proposed project is located north of Highway 79 South, south of De Portola Road and west of Margarita Road (Assessor's Parcel No.: 920-100-001 through 13) City of Temecula, Riverside County, California. Sianificant Environmental Effects of the Proiect The Draft Focused Environmental Impact Report (DEIR) prepared for the project indicates that approval and construction of the Temecula Regional Hospital will result in unavoidable significant impacts with regard to Air Quality, Noise (related to helicopter flights), and Traffic and Circulation. Implementation of mitigation measures specified in the Draft Focused EIR will reduce significant issues related to Aesthetics (light and glare), Noise (hospital operations), and Transportation. Impacts considered in the Draft Focused EIR but found to be less than significant include: Aesthetics (visual character or quality), Air Quality (odors and consistency with adopted plans and policies), Hydrology and Water Quality, and Land Use and Planning. In all other areas of environmental concern, the project was found to result in either no impact or a less than significant impact. Pursuant to Section 150879(c)(6) of the CEQA guidelines, no site in or adjacent to the project location is listed on the California Department of Toxic Substances Control Hazardous Waste and Substances List (Cortese List).' . 1 California Department of Toxic Substances Control. Hazardous Waste and Substances Site List (Cortese List). Located at hltp)/www.dtsc.ca.pov/Calsitesl. August 28. 2004. R:\C U P\2004\04-Q463 Temecula Regional Hospital\NOA 09-26-05.doc Public Review Period The Draft Focused EIR is available for public review and comment from September 28, 2005 through October 28, 2005. All comments on the Draft Focused EIR must be in writing and . should be sent to Emery J. Papp, Senior Planner, City of Temecula, 43200 Business Park Drive, Temecula, CA 92592. Mr. Papp can also be contacted by phone at (951) 694-6400, by fax at (951) 694-6477, and bye-mail at emerv.oaoo@citvoftemecula.ora. Copies of the Draft Focused Environmental Impact Report are available at the City of Temecula Planning Department at 43200 Business Park Drive, Temecula, and available for public inspection at the Temecula Library, located at 41000 County Center Drive, Temecula. . . R.\C U P\2004\04-0463 Temecula Regional Hospital\NOA 09.26.05.doc 2 .-City of Temecula , Plannin2Department Notice of Completion #2005031017 Project Title: Temecula Regional Hospital P A04-0462, General Plan Amendment and Zone Change; P A04-0463 Development Plan and Conditional Use Permit; and P A04-0571 Tentative Parcel Map Lead Agency: City of Temecula Street Address: 43200 Business Park Drive CitY.: Temecula, CA Zip: 92590 Project Location City of Temecula, Riverside County Cross Streets: North of Highway 79 South, south of De Portola Road and .west of Margarita Road . Assessor's Parcel No.: I .920-100-001 through 13 Total Acres: 35.31 CEQA Document Type [ ]NOP r lEarly Consultation Local Action Type [ ]GeneralPlan Update [XlGeneral Plan Amendment [ ]General Plan Element [ ]CommunityPlan r lOther_ Development Type ]Residential: Units_ Acres [ ]WaterFacilities: Type MGD [X]Office: . Sq.ft..t40.ooo Acres 35.31 Employees~ []Transportation []Commercial: Sq.ft. _ Acres Employees_ []Mining: []Industrial: . Sq.ft._ Acre' Employees_ []Power: []Educational: [ ]Waste Treatment: [ ]Recreational: [ ]Hazardous Waste: rXlOther:JI()spital 408.160 So. Ft.: Cancer Center 10.000 Sa Ft: l"itness Center 8.000 Sa Ft. Project Issues Discussed in Document' [XlAestheticlVisual [ ]Flood PlainlFlooding [ ]Schools/Universities [ ] Water Quality [ ]Agricultural Land [ ]Forest Land/Fire Hazard [ ]Septic Systems [X]Water supply/groundwater [X]Air Quality [ ]GeologiclSeismic [ ]Sewer Capacity [ ]WetlandlRiparian [ ]ArcheologicaJlaistorical [ ]Minerals [ ]SoiI Erosion/Compaction/Grad [ ]Wildlife [ ]Coastal Zone [XlNoise [ ]Solid Waste [ ]Growth Inducing [ ]DrainagelAbsorption [ ]PopulationIHousing Balances[ ]ToxiclHazardous [X]Land Use [ ]EconomiclJQbs [ ]Public ServiceslFacilities [XlTrafficlCirculation [XlCumulative Effects r ]Fiscal r lRecreationlParks [ ]Ve/(etation r ]Other: Lildit & Glare Present Land Use: Vacant Current Zoning: Professional Office and Planned DeveLy...~... Overlay (PDO-8) General Plan Use: Professional Office Project Description: The proposed project includes a General Plan Amendment, Zone Change (PDO-9) Development Plan, Conditional Use Peimit and a Tentative Parcel Map. The General Plan Amendment is a request to eliminate the Z2 overlay area from the General Plan, which currently limits the height of buildings along Highway 79 to 2 stories. The Zone Change is a request to change the zoning from Professional Office and DePortola Road Planned Development Overlay (PDO-8) to Temecula Hospital Planned Development Overlay (PDO-9). The proposed PDO-9 allows a height up to 115 feet for 30% of roof areas for hospital and edical offices. The Development Plan and Conditional Use Permit is a request to construct approximately 65,260 square feet of hospital, medical office, cancer center and a fitness rehabilitation center space on 35.31 acres. The Tentative Parcel Map is a request to consolidate eight (8) lots into one (1) parcel. Mail to: State Oearinghouse. 1400 Tenth Street. Sacramento. CA 958t4 (916) 445-0613 Contact Person: Emery J. Papp Title: Senior Planner Phone: (951) 694-6400 Within 2 miles State Hwy #: Interstate 15, Highway 79 South Airports: N/ A Waterways: Temecula Creek Railways: None Schools: Sparkman Elementary, Rancho Community (private school under construction) [ ]Negative Declaration []Supplement EIR rXlDraft EIR r ]Subsequent EIR [ ]EIR (Prior SCH #\ r ]Other [ ]Specific Plan [ ]Master Plan [ ]Planned Unit Development [XlSite Plan/Plot Plan [X]Rezone [ ]Prezone [XlUse Permits [XlSubdivision of Land [ ]Annexation [ ]Redevelopment [ ]Coastal Permit [ ]City Development Project Type Mineral Type Type Type l!:\C U 1'\2004\04-0463 Temecula Regional Hospital\NOTICE OFCOMPumoN FEffi 09.26-OS.doc 1 REVIEWING AGENCIES CHECKLIST " ,. KEY S=Document sent by lead agency X=Document sent by SCH T=Suggested distribution Resources Agency BoatingIW aterways Coastal Commission Coastal Conservancy Colorado River Board Conservation ...I Fish and Game Forestry Office of Historic Preservation Parks and Recreation Reclamation S.F. Bay Conservation & Development Commission ...L WalerResources (DWR) Business, Transportation, & Housing ...L Aeronautics L California Highway Patrol L Caltrans District No. -L ...L Department of Transportation Planning (Headquarters) _ Housing & Community Development Other -. State & Consumer Services General Services ...L OLA (Schools) Environmental Affairs Air Resources Board ...L APCD/AQMD ...L California Waste Management Board SWRCB: Clean Water Grants SWRCB: Delta Unit ...I SWRCB: Water Quality SWRCB:. Water Rights ...L Regional WQCB # 9 ( Youth & Adult Cvu",~;';ons Corrections Independent Commissions & Offices Energy Commission l Native American Heritage Commission Public Utilities Commission Santa Monica Mountains Conservancy State Land Commission Tahoe Regional Planning Agency Food & Agriculture . Health & Welfare L Health Services ) . Public Review Period: Starting DaZtember 28, 2005 Si~ature J~/"\~ , I. Ending Date: October 28, 2005 Date September 23, 2005 Lead Agency (Complete if Applicable): For seH Use Ouly: Date Received at SCH Date Review Starts Date to Agencies Date to SCH . Oearance Date Notes: City of Temecula 43200 Business Park Drive Temecula, CA 92590 Contact: Emery J. papp, AICP Phone (951) 694-6400 Applicant: Universal Health Services, Inc. Address 367 South Gulph Road King of Prussia, P A 19406 Phone (610) 768-3300 .. R:\C U 1'1200411>>-0463 Temecula Regional Hospilal\NOTICE OF COMPLETION FEIR 09-26-05.doc 2 . D-8 WEDNESDAY, SEPTEMBER 28. 2005 THE CALIFORNIAN . CITY OF TEMECULA DATE: September 26, 2005 TO: Responsible Agencies,.. '": "..,. .', Parties, and Org~nlzatloils SUBJECT: NOTICE OF COMPLETlON/NOTlCE OF AVAILABIUTY OF A DRAFT FOCUSED ENVIRONMENTAL IMPACT REPORT FOR THE TE~ECULA REGIONAL HOSPITAL PROJEcr: The ~of Temecula Is the: Lead Agsl'9' for a Focused Environmental lr:nP3ct RePQ JA)for the P/'ODO.Sed Temacula Regional Hospital Project. Preparation of this EI ' is required by the CaUfomia Environmental Quality Act (CEQA}. "' . . .1. The pu~ of an EIR is to provid . akers, public agencies.. and the general public .with an objectIVe and menl that facilitates a basic und~rstandl!lg of the p'roposed . indirect. and cumulatlye ~,,' ,.J~"","L;a1 ~flects. ll'ie EIR iiUgatlon-measures to mit- l!)ate significant environmental ecula will, use the EIR to Obtain P.9rm~l agreements, and approvals from necessary agencies to implement the portions 01 th& project under tfielr respectiVe authQritl6s. Proposed Pro~ect . . '. The" orop':ose _ project-includes a General Plan Amendment,Zone Change (PDO-9) Deve opment Plan, Condlt/oilal Use Permit and a Tentative Parcel Map. The General Plan Amendment Is a lltQU6st to eliminAte the Z2 overlay area from' the General Plall. which currently limits the height of bUlIdinas a.longfllghway 79 to 2 stories. The ,Lone Chan~e Is a rectueslto change the zQnfi:!g from Prols$slonal Office and OePortola Road,'?laMed Qave!QPrMm-()l{erle.y {PDO-8\ \0 Temecula Hospital 'Planned DevelOP.ment Overlay (PDO-9). The p~ed POO-9 allows a height up to 115 feet for 30%" of the roof area Of the hOspitaL The Oevelooment Plan and Conditional Use Pennlt Is a request to construct appro.ximateIY5~,260 ~uafe feet Gt hoSDi\a1 medical office cancel cen\ef and a 1i11iess cente'(SD8!(e on 35.31 acres. The ieniaiive Parcel Map Is a request to consolidate eight (61 lots into ol1e (1) pal'C9l. ." - ProJect Locatl(m' , . '. ' -' l1:te' propQsed frOlect Is located north of HIghWQY79 $QUth south of De'Portala Road and was ofMalJl~r1ta Road (Assessor'S ,Farcel No.: ~2o..100-001 through 13) City of Temecula, RiversIde County,'Califonila. . . Slgn"lcant Environmental Effects of the Project . . TfieDraft Focused Env(ronmentanmbSCt Report. (DEIR) ~pared fO!".the Pl'Qj9l;j 'Indicates that. and construction ot.the'Temecut8. ReaIooaI ~ WIll . result In una significant Im~ wIUl ~rd to Air Qu8litv" No~ (related to helicoDter- ,andTrafflc 81:1d Circulation. Implementation of.mitlgation measureS I n'the Draft Focused EIR will reduce significant Issues rliI"lated to """ 91"'\, NoIse\"""""'" _a\~). and "....,.....00. Impacts in the Draft FocusOO EIR but found to De less-than sIgnificant InClude: (visual character or 9lUll ), Air Qua!!.tY (odo_r's.and conSIstency withadop "nsimdpollclas),Hvdrol IWaterOWiJ~andLanduseanC:l Plannl!'Q. In.aII o\her a.-eas of imW'on cem, lhe roject was,tounjj to re5un in ~ither no'impact.or a less tha nUmpact. ul'Suant to Section '50879(c (61 01 the CECA ~'d'Un.s.o' adJacenllO the prolect location is listed" 'the CaHlorijll;t rlmen -OJdc Sul::iStances.Coritiol Hazardous W~ste and Substances-ust ,I, rtese Public Review Period .' . The Draft FQCQSfild'EIR-/s avai'able for publil;; revlew:e.nd commenUrom Se~m- ber 2&, 2005 through Octobe128, 2005. All comments on the Ol8ft'Focused EIA must be,In.writing and should be sent to Emery J. P@P, Senior Planner, CIty: of Temeculs, 4$200 Business pa.rt.'g~tlemeaula\ CA 92592. Mr. P.app can also be contactel1 bv p~ a.t {951')'J:~, b'J fax a: (951)004--641?, and by e-mali at emery.papp~c~tyofte~~Ia.org. . , . Cooles of the Draft Focused .:..".. ...." ,..........lmPad AePQit are available at the City, ot Temecula P\annl~ Department at 43200 Business Park Drive, Temecula, ana available for p:ubllc InspeCtIon at the Temecula Ubrary,located at 41000 County Center Drive, Tem.ecuJa. ' - , PUB: september 28, 2005' , . . . . ATTACHMENT NO. 12 NOTICE OF PREPARATION OF A DRAFT ENVIRONMENTAL IMPACT REPORT R\C U P\2004\04-0463 Temecula Regional Hospital\PC II ~ 16-05\PC-ST AFFREPORT11-16-05 v2.doc 47 S TAT E. OF CALI FOR N I A Governor's Office of Planning and Research State Clearinghouse and Planning Unit ~.,~ ;~ ( .J .~..~. . Arnold I Set." ...",_..e:gger Governor Sean Walsh' Director Notice of Preparation August 3, 2005 ',' .~, ~', :', AUG 1 1 Z005 To: Reviewing Agencies Re: Temecula Regional Hospital SCH# 20050310 17 Attached for your review and coonnent is the Notice of Preparation (NOP) for the Temecula Regional Hospital draft Environmental Impact Report (EIR), Responsible agencies must transmit their coonnents on the scope and content of the NOP, focusing on specific information related to their own statutory responsibility, within 30 davs of receiot of the NOP from the Lead AQencv, This isa courtesy notice provided by the State Clearinghouse with a reminder for you to coonnent in a timely manner. We encourage other agencies to also respond to this notice and express their concems early in the environmen~l review process. . Please direct your comnients to: Emery J. Papp City of Temecula 43200 Business Park Drive Temecula, CA 92590 with a copy to the State Clearinghouse in the Office of Planning and Research, Please refer to the SCH number noted above in all correspondence concerning. this project. Uyau have any questions about the environmental docwnent review process, please call the State Clearinghouse 2.t (916) 445,0613. ' '-'~;q-71(r-- Scott Morgan Associate Planner, State Clearinghouse Attachments cc: Lead Agency . 1400 U,..,U1 "''''''''<ir P,O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 TEL (916) 445-ll613 FAX (916) 323-3018 www.opr,ca,gov SCH# Project Title Lead Agency Document Details Report State Clearinghouse Data Base 2005031017 Temecula Regional Hospital Temecula, City of . Type NOP Notice of Preparation Description A proposed General Plan Amendment. Zone Change (Planned Development Overlay District). Tentative Parcel Map. Development Plan and Conditional Use Permit to consider a Regional Hospital Facility consisting of a 32o-bed hospital approximately 408,000 square feet in size, two medical office buildings approximately 140,000 square feet in size, a 10,000 square foot cancer center, and an 8,000 square foot fitness rehabilitation center, all totaling approximately 566.160 square fet. located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road. Lead Agency Contact Name Emery J. Papp Agency City of Temecula Phone (951) 69+6400 email Address City Project Location County Riverside City T emecula Region Cross Streets Parcel No. Township Fax 43200 Business Park Drive T emecula State CA Zip 92590 N. of Hwy. 79 South I De Portola Road I Mar9arita Road 920-100-001 through 013 Range Base Section . Proximity to: Highways 1-15, Hwy. 79 S Airports N1A Railways None WatelWays Temecula Creek Schools Sparkman ES. Rancho Community (private school under construction Land Use Vacant Z: Professional Office and Planned Development Overlay (PDO-8) GP: Professional Office Project Issues Reviewing Agencies AestheticNisual; Air Quality; Water Quality; Water Supply; Landuse; Noise; Traffic/Circulation; Other Issues Resources Agency; Department of Fish and Game. Region 6; Department of Health Services; Native American Heritage Commission; Department of Water Resources; Office of Historic Preservation; Department of Parks and Recreation; Caltrans. Division of Aeronautics; California Highway Patrol; Caltrans, District 8; Department of Toxic Substances Control; Regional Water Quality Control Board, Region 9 Date Received 08/03/2005 Sfart of Review 08/03/2005 End of Review 09/01/2005 . Nnh:o" RI::.nk~ in rt:lt~ fip.lrf!; result from insufficient information provided by lead agency. :- 2- -- c: ,...,. 0 :::> (.) >. .... ~ Wm _ ~(.) ." "'0 ::> :;::5; .. iijll: .. c:- 0"0 .;z "am Q) 0 lI:fIl U: :J: t.) 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" o:EE t:ii:e ~=- CD8~ Ornw n '" Q o N .. o " o '0 .. 1;; '0 a. ::J - '" m -' ~ c o ~ 0:: e"fi mo ell< "':2 .c'" .!!5 u.0 N C o 0> .. 0:: "", E" m " elu "',., .c'" .. C _m ...ID n n City of Temecula Planning Department Notice of Preparation . To: Distribution List (Attached) Subject: Notice of Preparation of a Draft Focused Environmental Impact Report Lead Agency: City of Temecula Planning Department 43200 Business Park Drive Temecula, CA 92590 Consulting Firm: P&D Consultants 800 East Colorado Blvd., Ste 270 Pasadena, CA 91101 Contact: Phone Number: Emery J. Papp, Senior Planner (951) 694-6400 Contact: Laura Stetson, AICP Phone Number: (626) 304-0402 The City of Temecula Planning Department will be the Lead Agency and will prepare an environmental impact report for the project identified below. We need to know the views of your agency as to the scope and content of the environmental information which is germane to your agency's statutory responsibilities in connection with the proposed project. Your agency will need to use the EIR prepared by our agency when considering your permit or other approval for the project. The project description, location, and the potential environmental effects are contained in the attached . materials. A copy of the Initial Study elL is _ is not) attached. Due to the time limits mandated by State law, your response must be sent at the earliest possible date but not later than 30 days after receipt of this notice. Please send your response to Emery Papp at the address shown above. We will need the name for a contact person in your agency. Project Title: Temecula Regional Hospital Project Location: City of Temecula, Riverside County, California Project Description: A proposed General Plan Amendment, Zone Change (Planned Development Overlay District), Tentative Parcel Map, Development Plan and Conditional Use Permitto consider a Regional Hospital Facility consisting of a 320-bed hospital approximately 408,000 square feet in size, two medical office buildings approximately 140,000 square feet in size, a 10,000 square foot cancer center, and an 8,000 square foot fitness rehabilitation center, all totaling approximately 566,160 square feet, located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road. Debbie Ubnoske, Director of Planning Date . l:\env\8300s\8302 _ OO\IS\NOP .doc . . . City of Temecula Planning Department PROJECT: Temecula Regional Hospital DISTRIBUTION DATE: August 2,2005 CASE PLANNER: Emery J. Papp CITY OF TEMECULA: Building & Safety ................................... ( x ) Fire Department..................................... ( x ) Sheriff .................................................... ( x ) Parks & Recreation (TCSD)................... ( x ) Planning, Advance................................. ( x ) Public Works.......................................... ( x ) STATE: Caltrans ................................................. ( ) Fish & Game.......................................... (x) Mines & Geology ...................................( ) Regional Water Quality Control Bd ........ ( x ) State Clearinghouse (15 Copies)........... ( x ) Water Resources................................... (x) FEDERAL: Army Corps of Engineers ...................... (x) Fish and Wildlife Service ....................... ( x ) Bureau of Land Management ................ ( x ) REGIONAL: Air Quality Management District ............ ( x ) Western Riverside COG ........................ (x) l:\env\8300s\B302 _ OO\IS\NOP .doc Agency Distribution List RIVERSIDE COUNTY: Airport Land Use Commission............... ( x ) Engineer................................................ ( ) Flood Contro!......................................... ( x ) Health Department................................ ( x ) Parks and Recreation............................ ( ) Planning Department ............................ ( x) Habitat Conservation Agency (RCHCA) ( x ) Riverside Transit Agency...................... ( x ) Transportation ....................................... ( x ) CITY OF MURRIETA: Planning ................................................ ( ) UTILITY: Eastern Municipal Water District ........... ( x ) Inland Valley Cablevision ...................... ( x ) Rancho CA Water District, Will Serve... ( x ) Southern California Gas. . .. ....... ... (x) Southern California Edison.................... ( x ) Temecula Valley School District............ ( x ) Metropolitan Water District.................... ( x ) Verizon .................................................. (x) OTHER: Pechanga Indian Reservation ............... (x) Eastern Information Center ................... ( x ) Local Agency Formation Commission... (x) RCTC ...................................................(x) Homeowners' Association ..................... ( x ) Los Ranchitos Santiago Estates County of San Diego, Planning Dept..... ( ) Notice of Preparation of a Draft Focused Environmental Impact Report (attachment) . Lead Agency: City of Temecula Planning Department 43200 Business Park Drive Temecula, CA 92590 Consulting Firm: P&D Consultants 800 East Colorado Blvd., Ste 270 Pasadena, CA 91101 Contact: Emery J. Papp, Senior Planner Contact: Laura Stetson, AICP Phone Number: (951) 694-6400 Phone Number: (626) 304-0402 Issues to be analyzed in a Focused Environmental Impact Report for the Temecula Regional Hospital, as determined by a scoping session held on April 20, 2005 include the following: Aesthetics - Height, massing, and view impacts Air Qualitv - Construction and daily operations Hvdroloav and Groundwater - On-site drainage Land Use and Plannina - General Plan and Zoning Amendments are required Noise Issues - Operations related to helipad and patential for increased traffic related noise Traffic/Circulation Issue~ - Potential neighborhood street impacts . Proiect Alternatives . . . . ATTACHMENT NO. 13 INITIAL STUDY FOR DRAFT ENVIRONMENTAL IMPACT REPORT R:\C U P\2004\04-0463 Temccula Regional Hospital\PC 11-16-05\PC-STAFFREPORTll-16-05 v2.doc 48 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 "roiect Title I Lead AQency Name and Address . I Contact Person and Phone Number I Project Location I Project Sponsor's Name and Address I General Plan DesiQnation Zoning Description of Project . Surrounding Land Uses and Setting Other public agencies whose approval is required - Environmental Checklist Temecula Regional Hospital City of Temecula, P.O. Box 9033, Temecula, CA 92589-9033 Eme.rv J. Papp, AICP, Senior Planner (951) 694-6400 North of Highway 79 South, south of De Portola Road and approximately 700 feet west of MarQarita Road UHS of Delaware, Inc. 367 South Gulp Road. King of Prussia, PA 19406 Professional Office (POl Existing: Professional Office (PO) and Planned Development Overlay-8 (PDO-8) Proposed: Planned Development Overlay (PDO-9)_ The proposed project includes a General Plan Amendment, Zone Change, Development Plan, Conditional Use Permit, and a Tentative Parcel Map (Map 32468). The General Plan Amendment is a request to eliminate the Z-2 overlay designation from the General Plan. The Z-2 designation currently limits the height of buildings to two stories within the project area. The zone change is a request to change the zoning of the project site from Professional Office and Planned Development Overlay (PDO-8) to Planned Development Overlay (PDO-9). The proposed PDO-8 allows a height up to 115 feet for 30% of roof areas for hospital and medical offices. The Development Plan and Conditional Use Permit is a request to construct approximately 566,160 square feet of hospital, medical office, cancer center and fitness rehabilitation center and a helipad space on 35.31 acres. The Tentative Parcel Map (Map 32468) is a request to consolidate eight (8) lots into one (1) parcel. This Initial Environmental Study (IES) has been prepared for the hospital and related medical office buildings. While the overall project must comply with the requirements of the City Planning Department, the building requirements for the hospital buildings are under the sole control of the State of California. As a result, to the extent required by law all references in the IES and draft Mitigation Monitoring Program with respect to building and occupancy permits are intended to applv only to the non-hoseital facilities. Surrounding land uses include Highway 79 South and single-family . residences to the south, single-family residential to the north, professional office, commercial and educational to the west (currently under construction) and existing offices and commercial to the east. Temecula Creek is approximately 1000 feet to the south and Interstate 15 is located approximatelv 2 miles to the west. Other public agencies which may require approval and/or. subsequent permits include: U.S Army Corps (USACE), California Department of Fish and Game (DFG.), U.S. Departrnent of Fish and Wildlife (USFWS.), Cal Trans, Regional Water Quality Control Board (RWQCB), Rancho California Water District (RCWD), Riverside County Flood Control, Airport Land Use Commission (ALUC), California State Division of Aeronautics, Riverside County Health Department. R:IC U P\2004104-Q463 Temecula Regional Hospita~lnnial Study DRAFT No. 2.doc 1 Environmental Factors Potentially Affected e The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a 'Potentially Significant Impact' as indicated by the checklist on the following pages. I X Aesthetics Agriculture Resources X Air Quality I Biolooicai Resources i Cultural Resources I Ge%ov and Soils I Hazards and Hazardous Materials X I Hvdroloov and Water Quality X I Land Use and Plan nino I Mineral Resources X Noise I Population and Housino I Public Services I I Recreation I X I TransportationlTraffic I i Utilities and Service Systems I X I Mandatory Findinos of Sionificance I I None Determination On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prel?ared. I find that.although the proposed project could have a significant effect on the environment, there will n~ot be a significant effect in this case because revisions in the project have been made by or agreed to the proiect proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. X II find that the proposed project MAY have a significant effect on the environment, and an I ENVIRONMENTAL IMPACT REPORT is reauired. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is reauired, but it must analvze on Iv the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothino further is reauired. bt~ f 'f'( S/~/05 Date ' Emerv J. PaDD. AICP. Senior Planner Printed name For . R:\C U P\2004\04-Q463 Temecula Regional HospllaNn~lal Study DRAFT No. 2.doc 2 . ....c.:I~~.i:;0i1^~,;i~;:~:I':I.i~E~tJ~~~l~i;,i~g~~1~~~if~~~~"'; .-:; < ,,;.:.> > ~ues,-QJJ\.I"Jl.l~~ n ommuoB~umi8'&'~'l'~'0.J::"'Y'"f'}~;'.';:;;"~')...:~N~':e_'!{';~;~ v" Have a substantial adverse effect on a scenic vista? Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings X within a state scenic hiohwav? I Substantially degrade the existing visual character or I X qualitv of the site and its surroundinos? Create a new source of substantial light or glare which would adversely affect day or nighttime views in the X area? . 1. AESTHETICS. Would the project: I a. b. .No .,.liripacL X c. d. Comments: 1. a.: No Impact According to the City of Temecula General Plan, the proposed project is not located on or near a defined scenic vista, therefore, there will not be an adverse impact on a scenic vista. 1. b.: Potentially Significant Impact: The residential areas to the north of the project site currently maintain views of mountain areas such as Palomar Mountain. The proposed project includes two hospital bed towers that are 5 and 6 stories high and medical office buildings up to 4 stories. It is anticipated that views of Palomar Mountain will be impacted as a result of the project. The current City of Temecula General Plan Land Use Element indicates a Specific Plan Overlay exists on the site that requires all buildings constructed at the proposed location be limited to one or two stories. The tallest portion of one of the proposed hospital be~ towers is at more than 100 feet high with the eave line of the top floor at approximately 85 feet. As a resul. there is a General Plan Amendment as part of this project that would eliminate the Specific Plan Overlay for the site, leaving the underlying Professional Office zoning district to determine .the maximum height requirement. The current Development Code calls out a maximum building height of 75 feet in the Professional Office zone. A Planned Development Overlay Zone (Zoning Amendment) is also being proposed for this site only to allow the proposed height bed tower height. The current underlying zoning designation does allow buildings up to 75 feet in height. If the General Plan Land Use Element Specific Plan Overlay were eliminated on this site, the hospi~1 could be constructed to a height of up to 75 feet under current zoning. Impacts to views in the area would not be additionally impacted by allowing the bed tower to exceed 75 feet. It is recommended that the proposed General Plan Amendment to remove the Specific Plan Overlay and the Planned Development Overlay Zone (Zoning Amendment) be evaluated in a Focused Environmental Impact Report to address the impacts to surrounding properties resulting from the proposed height of this project. 1. c: Potentially Significant Impact: The project site is located between a State Highway (79 South) to the south and very low density residential (2.5 acre minimum) to the north. The project site is currently vacant. The residential area immediately north of the project is an area with large-lot single family rural and equestrian homes. The current General Plan Land Use Specific Plan Overlay on the subject properly was put in place to protect the residential area from large scale commercial development. Highway 79 South and Margarita Road in the vicinity of the subject project site are commercial corridors. This properly is considered to be a suitable location for the proposed project, and there is a demonstrated need for the proposed project in the community. However, the impacts to views and other aesthetic impacts created by the mass of the proposed buildings must be analyzed in a focused EIR for this project as it will require a General Plan Amendment and a ZOning. Amendment to obtain approvals for the proposed height. Rt\C U 1'12004\04-0463 Temecula Regional Hosplta~lnitial Study DRAFT No. 2.doc 3 1. d.: Potentially Significant Impact: The proposed project is currently vacant with no sources of light or glare. The proposed project will introduce new generators of light and glare typically associated with a hospital and medical offices (up to 6 stories in height). The project will introduce outdoor lighting and is required to comply with the City of Temecula Design Guidelines, Development Code and Riverside County Ordinance .55. Ordinance 655 requires outdoor lighting to be directed down and fully shielded. The Development Code and Design Guidelines require minimizing illumination levels onto adjacent property lines. A minimum of one- foot candle illumination is required in all parking, loading and circulation areas and a minimum of two-foot candle illumination is required for the main entries of each building. Lighting is required to be directed down and fully shielded to reduce the amount of glare into the night sky and onto adjacent parcels. The applicant has proposed low-pressure sodium outdoor lighting fixtures, which is consistent with Ordinance 655. In addition, the project includes conditions of approval requiring all outdoor lighting to be directed down and fully shielded. The two towers do have the potential of emit glare from the upper floors, however as a condition of approval, all windows above the second floor will require glazing and/or tinting in order to reduce the glare. Glazing and/or tinting will reduce the illumination and/or glare from the proposed project. The City of Temecula requires all new development to comply with the Riverside County Mount Palomar Ordinance 655. Ordinance 655 requires lighting to be shielded, directed down to avoid glare onto adjacent properties and emit low levels of glare into the sky. Decorative lighting is allowed, however decorative lighting is required to be shut-off by 11 :00 P.M. By shutting off decorative lighting at 11 :00 PM, the amount of light and/or glare will be reduced during late evening hours, thus preserving the visibility of the night sky for scientific research from the Mount Palomar Observatory. The following are Mitigation Measures and/or Conditions of Approval that are recommended as a part of the proposed project and will be imposed via condition or agreement, either of which will ensure the impact is mitigated to a less than significant level: . a. Comply with Riverside County Mount Palomar Ordinance 655. All lighting shall be fully shielded, directed down and parking lot lighting shall be low-pressure sodium. Decorative lighting shall be shut-off by 11 :00 P.M. b. Prior to issuance of a building permit, the applicant shall submit a photometric plan detailing the proposed light levels for the entire project site, onto adjacent project boundaries and vertical fugitive light including means to mitigate. Corresponding criteria for helicopter/heliport uses and ambulance light use and operations shall also be prepared and include means to mitigate. c. The applicant shall comply with the City of Temecula Development Code and Design Guidelines for General Commercial lighting standards, which require minimum and maximum lighting levels in parking lot areas, loading areas, pedestrian circulation areas, primary building entries and lighting at project boundaries. d. All windows above the second floor of the hospital and/or medical office buildings shall maintain glazed windows and/or tinting (non-reflective glass/windows) to reduce the amount of glare that is emitted.from the upper floors. e. The Applicant shall plant, irrigate as necessary and replace as necessary mature trees (24-inch or greater) and shrubs (15 gallon or greater) around the perimeter of the project site and include berming or a solid wall with acoustic attenuation along the northern property line and where the project site abuts residential parcels. The Planning Director shall approve the final design of any walls and/or berming and landscaping. Enhanced landscaping may be required along the northern property line and adjacent to residential parcels in order to screen aesthetic impacts. . R:le U Pl2004\04.0463 Temecula Regional Hospita~lnmal Study DRAFT No. 2.doc 4 2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation asa an optional model to use in assessing Impacts on agriculture and farmland. Would the project: . , .. "':"<'J~~~~ '. ""- f:~Jmoaot.. a. , ' <, , " " :' ,,~"".';"'~--,...~;.,;,('-:,;~, <.'. "., .',.':,.;~ssue'S:1i'hd:SUD~ . Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-aoricultural use? I Conflict with existing zoning for agricultural use, or a I Williamson Act contract? Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-aoricultural use? x lb. x c. x Comments: 2. a. b.: No Impact: The project site is not currently in agricultural production. In the recent past (at least 15- 20 years) the site has not been used for agricultural purposes. The project site was historically used for agricultural uses as noted in the HistoricaVArchaeological Resources Survey Report prepared by CRM Tech, September 17, 2004. During the mid 1800's the project site was cultivated as an agricultural field. However, the project site has not been utilized for agricultural purposes for many years and is not considered a valuable. agricultural resource. The site is not under a Williamson Act contract nor is it zoned for agricultural uses. Thi property is not considered prime or unique farmland of statewide or local importance as identified by the State Department of Conservation and the City of Temecula General Plan. In addition, the project will not involve changes in the existing environment, which would result in the conversion of farmland to non-agricultural uses. No impact is anticipated as a result of the proposed project. 2. c.: Less Than Significant Impact: The proposed project could, because of its regional significance, cause other agricultural farmland to be converted to a non-agricultural use. There are some remaining agricultural uses in the City's sphere of influence (Corona Ranch) and surrounding areas that could be converted to uses other than agricultural, however the conversion of these lands to uses other than agricultural is not considered a result of the proposed project. The region of southwest Riverside County and northern portions of San Diego County have experienced a rapid period of growth that precluded the proposed project. Therefore, the growth of the surrounding area is a result of external economic forces rather than the proposed project. A less than significant impact is anticipated as a result of the proposed project. . R\C U P\2004\04-Q463 Ternecul. Region.1 HospitaNnili.1 Study DRAFT No. 2.doc 5 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality . management or air pollution control district may be relied upon to make the following determinations. Would the project: c. . . c:,.e:;;I~~~i;~s~~j1~tllili~~~~;~'i~f;~l~\i'I.""'.0'. Conflict with or obstruct implementation of the applicable air guality plan? Violate any air quality standard or contribute substantially to an existin!:! or I?roiected air guali!\, violation? . Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non. attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed Quantitative thresholds for ozone precursors)? I Expose sensitive receptors to substantial pollutant I concentrations? I Create objectionable odors affecting a substantial number I of people? r~J.JJ:H"~~~,, I a. lb. x x x I d. Ie. x x Comments: 3. a. . e.: Potentially Significant Impact: The proposed project is not able to meet the thresholds established by the South Coast Air Quality Management District for clean air standards in the region. The realization of the ~roject will not obstruct the implementation of the applicable air quality plan goals, but is likely to b.e in conflict with the policies established in the Regional Air Quality Plan. The City of Temecula has identified a need in the community for ihe proposed project and will carefully analyze the merits of the project and weigh them against the air quality goals and objectives for the region in a Focused EIR for the project. An Air Quality Study for the proposed project was prepared by Regulation Compliance inc., Temecula Regional Medical Center Air Quality Study, December 16, 2004. The study identified two primary areas of concern that may cause potentially significant impacts; construction emissions and operational emissions. The below table summarizes the daily construction emissions for the proposed project. Table 1 Dailv Construction Emissions Emissions Source Pollutants (Ibslday) ROG NOx CO PMlO I Construction Emissions I 42 266 353 363 I Miti~a!ed Construction I 42 266 353 184 EmiSSions SCAQMD Significance I 75 100 550 150 Thresholds Exceed Thresholds? I NO YES NO YES .e NOx and PMlO emission levels exceed the SCAQMD threshold levels of significance. However, while the Ox and PMlO levels cannot be mitigated to a level that does not exceed the threshold, PM10 can be mitigated to a level much less than without mitigations. R:\C U P\2004104-0463 T emecula Regional HospilaMnnial S1udy DRAFT No. 2.doc 6 The below table summarizes the daily operational emissions for the proposed project. Table 2 Dallv Operational Emissions I Emissions Source I ROG I Area Source Emissions Vehicular Source Emissions 0.4 81.1 Total Unmitigated Emissions 81.49 I I Unmitigated Area Source I Emissions I Miti.ga~ed Vehicular Source I Emissions Total Mitigated Emissions 0.4 76.46 76.86 SCAQMD Significance I Thresholds I Exceed Thresholds? I 55.0 YES Pollutants (Ibs/day) NOx CO I I I I I I I I I I 3.83 101.64 105.47 3.83 95.13 98.96 55.0 YES 2.51 I I I I I I I I 1071.46 1073.97 2.51 1002.98 1005.49 550.0 YES PM10 , I 0.01 I I I I I , I I 115.4 115.41 0.01 108.01 108.02 150.0 NO Table 2 above identifies ROG, NO. and CO as exceeding the SCAQMD thresholds levels of significance. nA primary generator of operational emissions is from vehicular source emissions. Area source emissions sud~' as heaters, air condition units and other machines are not considered a significant generator of emissions. The study (Regulation Compliance, December 16, 2004) has concluded that the implementation of the project would result in short-term impacts as well as long-term impacts. The short term impacts are a result of the exceedance of SCAQMD's thresholds for ROG and NOx during construction activities. The long term impacts are a result of exceedance of SCAQMD's thresholds for ROG, CO and PM10. The proposed project is located in the southwest portion of the South Coast Air Basin. The Environmental Protection Agency designates areas of Ozone (03), Carbon Monoxide (CO) and Nitrogen Oxides (NOx) as either "Does not meet the primary standards", "Cannot be classified", or "Better than national standards". The primary air quality problems in the area are ozone and particular matter. The Basin has been designated as an "extreme" non-attainment area for ozone. The Basin exceeds both the state and federal standards for ozone and both the state and federal standards for particular matter PM10. The State standard for Ozone (03) is 0.09 parts per million (PPM) for one hour and the Federal standard is 0.12 ppm for one hour. The state standard for oxides of Nitrogen (NOx) is 0.225 ppm for one hour and the Federal standard is 0.53 ppm annual average. The State and Federal standards for carbon monoxide (CO) are 9 ppm and 9.5 ppm respectively averaged over eight (8) hours. The State standard for particular matter (PM10) is 50 micrograms per cubic meter over 24 hours and the Federal standard is 150 micrograms per cubic meter over 24 hours. The Air Quality Management District no longer maintains a station for measuring air quality standards in the Temecula area. The closest station to the project site is the Lake Elsinore station, which was used as lJa reference station for the Air Quality Study (Temecula Regional Medical Center, Air Quality Study, Decembe_ 16,2004). The study (Regulation Compliance, Inc., December 16 2004) includes language indicating that due R:\C U P\2004\04-0463 Temecula Regional HospnaNnfiial Study ORAFT No. 2.doc 7 to the geographical location and the wind pattern of the area (Elsinore Convergence Zone), Temecula generally maintains cleaner air quality that other parts of Riverside County. The most productive method for reducing vehicle emissions aim at reducing vehicle miles traveled. Alternative . ~odes of transportation, sidewalks, trails, street and parking lot lighting using low-sodium vapor lights, mature trees, drought resistant vegetation, pedestrian signalization and signage at significant intersections adjacent to the project site assist in reducing the impacts from emissions. The above measures are designed into the proposed project and/or will be required as conditions of approval and/or mitigation measures. Transportation Demand Management (TOM) will also be required, which includes incentives for employees utilizing alternative mode of transportation, including preferential parking for car and van pools, offering flex schedules to employees and encouraging employees to utilize mass transit such as local buses. TOM practices are designed into the proposed project and/or will be required as conditions of approval and/or mitigation measures. The applicant has proposed a Riverside Transit Agency (RTA) bus turn-out along Highway 79 South, which will provide alternative opportunities to employees. The applicant is required to cooperate with RT A and Caltrans to finalize the location and design of the bus stop. The proposed project may potentially result in a cumulatively considerable net increase of pollutants for which the project region is considered non-attainment under an applicable federal or state ambient air quality standard. The proposed project is not considered a significant pollutant generator in regard to the immediate surrounding area. However, the project site may be a significant pollutant generator for the South Coast Air Basin since the basin is currently a non-attainment area. The air quality study identifies the Temecula area as having significantly cleaner air than the other areas in the South Coast Air Basin. The cleaner air in the Temecula area is due to the geographical location and prevailing wind pattern. While the project site is located within a non-attainment area, the project as a stand along project is not considered to emit pollutants considered significant. The applicant is required to comply with the mitigation measures outlined in the City of Temecula EIR and as specifically discussed below. . .he City of Temecula has adopted and certified an Environmental Impact Report for the Citywide General Plan Update. The EIR identified various significant impacts that could not be mitigated to a less than significant level. The City Council of the City of Temecula adopted Resolution 05-43, "A Resolution of the City Council of the City of Temecula Certifying the Final Environmental Impact Report for the Comprehensive Update of the General Plan" on April 12, 2005. The Final EIR includes a statement of overriding consideration for these impacts that could not be mitigated to a less than significant level. Included as part of the statement of overriding consideration were air quality standards and compliance with SCAQMD air quality plan. The application includes a General Plan Amendment and zone change; however these applications request a change to the height of the building only. The applications do not request an intensification of the uses allo'i"ed, floor area ratio, or lot coverage of the project site. The proposed project is consistent with the land use designation within the current General Plan, but is inconsistent with a current Specific Plan overlay for the site which limits development to one or two stories. As a result, a General Plan Amendment is proposed to remove the Specific Plan Overlay designation from the General Plan for the project area. The project is, however, consistent with the development standards (lot coverage and floor area ratio) found in the Development Code. The maximum permitted lot coverage is 50% and the maximum Floor Area Ratio 50%. The project site is 35.31 acres (1,538,118.6 square feet). The project proposes a Lot Coverage of 15.7% (242,975 square feet) and a Floor Area Ratio of 36% (565,260 square feet). If the hospital project was not proposed, the maximum lot coverage of a commercial or other office project on the project site would be 769,059 square feet (50%). The maximum floor area ratio for the project site would also be 769,059 square feet (50%). The proposed project is well below the maximum permitted lot coverage and floor area ratio permitted in the Professional Office zone. Therefore, the proposed project is consistent with goals and policies within the General Plan. The proposed project is a hospital facility, which will house elderly, ill and others defined as sensitive receptors. .e proposed project could potentially expose sensitive receptors to substantial pollutant concentration and uld potentially create objectionable odors affecting a substantial number of people. Since the proposed project is a hospital facility, it will attract people of age and other ill persons, which may be sensitive to odors, R:IC U P\2004104-o463 Temecula Regional Hospita~lnniaJ Study DRAFT No. 2.doc 8 dust and/or other pollutants. The exceedance of thresholds of significance for short-term and long-term air quality impacts due to construction and operation of the proposed project will be evaluated in a Focused EIR that will be prepared for this project. The following Conditions of Approval and/or Mitigation Measures are recommended to be incorporated into t. EIR and placed on the following entitlements as a part of the proposed project (General Plan Amendment, Zone Change, Development Plan, Conditional Use Permit and Tentative Parcel Map): a. The applicant shall comply with all the recommended mitigation measures set forth in the Air Quality Study prepared by Regulation Compliance Incorporated, dated December 16, 2004. Prior to the issuance of a building permit, the Applicant shall submit written proof of the satisfaction of each of the below mitigation measures to the Planning Department. b. The applicant shall properly maintain all waste related enclosures and facilities and comply with the state emission controls to ensure against project site related odors during construction and subsequent use. c. All hazardous materials, bio-hazardous waste, medical service waste and general wastes shall be discarded in compliance with county, state and/or federal regulations. Prior to the issuance of a Certificate of Occupancy for the hospital facility, the Applicant shall submit an approved hazardous waste storage and removal plan from the State of California and/or Riverside County Health Department to the City of Temecula Planning Department. d. All refuse areas shall be completely enclosed and include a covered roof subject to the approval of the Planning Director. Refuse areas shall be maintained within an enclosed structure and covered at all times, except during pick-up times for off-site removal. e. The applicant shall provide a clear path of travel for pedestrians, including directional signs to/fro. the public streets (Dartolo Road, De Portola Road, and Highway 79 South), to promote alternative transportation. f. Prior to issuance of building permit, the Applicant shall coordinate with the Riverside Transit Agency (RTA) and Caltrans for a final location, design and type of stage area (or turn-out) appropriate for the project site. Written authorization and final approved design plans shall be submitted to the City of Temecula Planning Department. g. The applicant shall incorporate and encourage Transportation Demand Management (TDM) techniques for reducing vehicle trips during construction as well as during the daily operations of the hospital facility. TDM techniques shall include, but not be limited to the following: encouraging car and vanpooling, offering flex hours and/or flex schedules during the on-going operation of the facility. Written proof of such program shall be submitted to and approved by the Planning Director prior to the issuance of a grading permit for construction activities and prior to the issuance of a Certificate of Occupancy for the operation of the medical offices and hospital. h. The applicant shall incorporate energy efficiency standards as defined by Title 24 into the project. The applicant shall comply with the latest Title 24 standards. i. The applicant shall submit a final landscape plan for the project site incorporating native drought- resistant vegetation and mature trees (15 gallon, 24-inch box and 36-inch box). If more than 100 days elapses from the time grading is complete and beginning of construction, the City of Temecula. may require temporary landscaping to reduce the amount of dust and prevent dust and erosion t be conducted at the Applicant's sole expense. R:\C U PlZOO4\04-<l463 Temecula Regional HospitaMn~ial Study DRAFT No. 2.doc 9 . . . j. Prior to the issuance of a grading permit and during the duration of construction activities, the Applicant shall verify in writing (to the Planning Department) that all earth moving and large equipment are properly tuned and maintained to reduce emissions. In addition, alternative c1ean- fueled vehicles shall be used where feasible. Construction equipment should be selected and deployed considering the lowest emission factors and highest energy efficiency reasonably possible. k. Electrical powered equipment should be utilized in-lieu of gasoline-powered engines where feasible. I. During construction and all grading phases, the project site shall be watered down, to prevent fugitive dust and erosion, in the morning before grading and/or before construction begins and in the evening once construction and/or grading is complete for the day. The project site shall be watered down no less than 3 times (not including the morning and evening water-down) during construction and/or grading activities to reduce dust. The applicant shall comply with Rule 403, Fugitive Dust from the SCAQMD Rules and Regulations as well as industry accepted best management practices (BMP's). A note with the above information shall be provided on all grading and construction plans and shall be subject to periodic monitoring by City personnel. m. Prior to the issuance of a grading permit, a watering program shall be submitted to the City of Temecula Planning Department for approval. Said program shall include control of wind-blown dust on-site and on adjacent access roadways. The City Engineer reserves the right to modify this requirement as necessary based upon the circumstances that present themselves during the project construction. . n. All trucks exporting and/or importing fill to/from the project site shall use tarpaulins to fully cover the load in compliance with State Vehicle Code 23114. Material transported in trucks off-site (to and/or from the site) shall comply with State Vehicle Code 23114, with special attention to Sections 23114(b) (2) (F), (b) (F), (e) (2) and (e) (4) as amended. Material transported on-site shall be sufficiently watered or secured to prevent fugitive dust emissions. Lower portions of the trucks, including the wheels shall be sprayed with water, which shall be properly managed so as to prevent runoff, to reduce/eliminate' soil from the trucks before they leave the construction area. o. Prior to the issuance of a grading and building permit, the applicant shall submit verification that a ridesharing program for the construction crew has been encouraged and will be supported by the contractor via incentives or other inducements. p. During the course of the project grading and construction, the applicant shall post signs on-site limiting construction related traffic and all general traffic to 15 miles per hour or less. q. The Applicant shall establish construction equipment and supply staging areas located at least 500 feet from the nearest property line of a residentially improved parcel (preferably the southeast corner of the project site). r. In addition to the foregoing, all graded and excavated material, exposed soil areas, and active portions of the construction site, including unpaved on-site roadways shall be treated to prevent fugitive dust. Treatment shall include, but not necessarily be limited to periodic watering, application of environmentally safe soil stabilization materials and/or roll-compaction as appropriate. Watering shall be done as often as necessary, but no less than 3 times per day, not including morning and evening watering. Reclaimed water shall be used whenever possible. Daily watering shall include complete coverage of the site. City personnel shall monitor on-site conditions and may from time to time, require additional treatment by the Applicant, at its sole cost. R:IC U P\2004104-0463 Temecula Regional Hospita~lnnial Study DRAFT No. 2.doc 10 s. Graded and/or excavated inactive areas of the construction site shall be monitored by the Applicant at least weekly to ensure continued dust stabilization. Soil stabilization methods such as water and roll compaction and environmentally safe dust control materials, shall be periodically applied to portions of the construction site that are inactive for over four days. If no further grading . excavation operations are planned for the area, the area shall be seeded and watered to establi and maintain grass growth, or periodically treated with environmentally safe dust suppressants, to prevent excessive fugitive dust. City staff shall be advised of the election of treatment made by the Applicant. t. During the course of the project grading and construction, the Applicant shall sweep adjacent streets and roads so as to prevent the placement or accumulation of dirt in the roadway. Sweeping of adjacent streets and roads shall be done as necessary, but not less than once per day, at the end of each day of grading and/or construction. u. During periods of high winds (i.e., wind speed sufficient to cause fugitive dust to impact adjacent properties, generally wind speeds exceeding 20 miles per hour, averaged over an hour), the Applicant shall curtail all clearing, grading, earth moving and excavation operations as directed by the City Engineer, to the degree necessary to prevent fugitive dust created by on-site activities and operations from being a nuisance or hazard, either off-site or on-site, or as determined by the City Engineer at his sole discretion. v. The Applicant shall prepare and submit a comprehensive Fugitive Dust Control Plan to the City of Temecula. Said plan shall be reviewed and approved by the SCAQMD prior to the commencement of grading and excavation operations. w. The area disturbed by clearing, grading earth moving, or excavation operations shall be no greater than is necessary for project development so as to prevent excessive or unnecessary amounts of dust. . . x. All the necessary above control techniques shall be clearly indicated on the project grading and construction plans. Compliance with these measures shall be subject to periodic site inspections by the City. . R:\C U P\2004\04-Q463 T emecula Regional HospitaNnnial Study DRAFT No. 2.doc 11 4. BIOLOGICAL RESOURCES. Would the project? _'l~~~&';iJ,~,,~~,,",~.i}~~~~l~M~~ffHltf~"Jf~l!~I~~ff~ff2[~l :'J' a. . Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c. Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption. or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? '.' Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? . Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? . .a!!!y,' ,.". ." .. "T".' .,~,.". ,.. :_Q!lJ~~~ ~~t~~ii1'a'R~J ~,;;--;;;;:.',,;'. ..,.._,~" '~"'sPg.'~ifi~%'\;."~ 1'" ""N:;" n,,'~'.1<~!~"; 1-(1.. -~-:v-,.'.-.t-.:,.: .t'.'dm '. . .<"'1""''''' .' .. ....,"'-~q'" . e l,":"r'", :_,,,,>~, moamI.;,;,," <'(,UIIUa....,-:,..! x x x x x x Comments: 4. a. b. c. d.: Less Than Significant Impact: A habitat assessment study was prepared for the project site (Habitat Assessment, Amec Earth & Environmental, Inc., September 14, 2004). The study identified a manmade flood control channel that parallels the eastern boundary of the project site, which contains riparian vegetation such as willows and Fremont Cottonwoods. Wetland vegetation, including cattails and bulrushes have also been identified within the manmade channel. The habitat within the channel is likely to be jurisdictional under the U.S. Army Corps of Engineers definitions. The project will be required, as a condition of approval, to construct a vehicular access bridge across this channel connecting to Dartolo Road, which may require Section 404 permits, subject to the Clean Water Act and U.S. Army Corps of Engineers and potentially clearances from the U.S Fish & Game and U.S. Fish and Wildlife Service. The presence of the flood channel may also require the approval of Riverside County Flood Control. The study (Amec Earth & Environmental, Inc. September 2004) concludes that a bridge with supports outside the channel will avoid any streambed alteration, placement of fill into the channel and the encroachment into jurisdictional areas. However, impacts to the riparian vegetation cannot be completely avoided. In order to mitigate impacts to the habitat, a qualified biological monitor is required to be present during the pre-construction site preparation of the bridge. In addition, if activity within the channel (or for preparation for the construction of the bridge) is to occur between April 15 and July 15 of any year, focused surveys following standard protocols shall be provided to determine A presence/absence for the Least Bell's Vireo (Vireo bellii pusillus) and the Southwestern Willow Flycatcher 'l/lllf!mpidonax traillii extimus). In the event either of these endangered birds are found, the construction of the R:IC U P\2004104-0463 Temecula Regional HospilaNnitial Study DRAFT No. 2.doc 12 bridge (schedules) and associated activities shall be modified to avoid impacts and allow the birds to complete their reproductive cycles. A less than significant impact is anticipated as a result of the project with Mitigation Measures. 4. e.: No Impact: The project site is void of any natural riparian forests, coastal sage scrub, and nursery site. The project is not within a natural conservation plan or other local regional or state conservation plan, including area identified under the Multi-Species Habitat Conservation Plan (MSHCP). The project site has been grubbed and disturbed for many years in order to comply with the City's weed abatement ordinance (Ord. 8.16). There are some grasses on the project site, however they are not considered sensitive habitat, nor is the site a part of a wildlife corridor. No mature trees are present on the project site. 4. f.: Less Than Significant Impact: The proposed project is not located within a criteria cell of the MSHCP. The project site is not included in special survey areas for amphibians, mammals, or narrow endemic plants as slated the study by AMEC (September 14, 2004). However, the MSHCP guidelines recommended that a habitat assessment plan be prepared to assess the Burrowing Owl. The study prepared by Amec (September 14,2004) concluded that the project site contains grasslands, which is potential habitat suitable for Burrowing Owls. The study recommended future studies prior to issuance of grading permits. The following Mitigation Measures are recommended as a part of the proposed project and enforceable pursuant to the respective entitlement to which each is conditioned: a. The Applicant shall submit documentation from the U.S. Army Corps of Engineers to the city Engineer, indicating the type of permits required to construct the vehicular bridge across the flood channel on the eastern portion of the project site. b. The applicant shall submit written verification from the U.S. Department of Fish and Game and the U.S. Fish and Wildlife Service determining if any further biological studies or clearances are required. . c. Focused surveys for Burrowing Owls are required within one month of any ground disturbing activities. If Burrowing Owls occupy the site, the City of Temecula shall be notified and passive or active relocation of the Owls is required following state and federal protocols. d. The applicant shall construct a bridge using supports outside the channel. e. A qualified biologist is required to be on-site during all pre-construction site preparation of the bridge across the channel. f. In the event any site preparation for the bridge takes place from April 15 through July 15, the applicant shall submit focused studies following standard protocol for the Least Bell's Vireo (Vireo bellii pusillus) and the Southwestern Flycatcher (Empidonax traillii extimus). In the event either of these endangered birds are found on-site, the construction of the bridge (schedules) and associated activities shall be modified to avoid impacts and allow the birds to complete their reproductive cycles. g. In the event any further conditions, mitigation measures or other regulatory requirement is imposed by any other agency with jurisdiction over the project, the City may require. further environmental review. . R:IC U P\2004\04-0463 Temecula Regional Hospital\lnttial Study DRAFT No. 2.doc 13 5. CULTURAL RESOURCES. Would the project: ~~~~~2~'('~':: )\:"~~,.'~.2J;.~;~;.~;,':;\;i8'i&~~.~i~i~;lti:f!iI!~)~~itW~;;~~~~.f;~ '''_''''>'>0''':''''"' },X.'" _.;,. -'., -'~"""-"'_'_ JssuesaOO;sU[lDOrtmailnf6rmatfOns.oiit~"';'''':'w,_;~_",:<>;.:,,,,_,;<, ;;;'_:..l:;A,:-c,-",..:),~~:1 I a. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? lb. Cause a substantial adverse change in the significance of I an archaeoloQical resource Dursuant to Section 15064.5? I c. Directly or indirectly destroy a unique paleontological I resource or site or uniQue QeoloQic feature? I d. Disturb any human remains, including those interred I outside of formal cemeteries? I I I X X I X I I X Comments: 5. a.: No Impact: A Phase I survey (HistoricaVarchaeological resource survey report, Temecula Hospital Project, CRM Tech, September 17, 2004) has been prepared for the proposed project. The survey did not identify any historical resources as defined in Section 15064.5 on the project site. No impact is anticipated as a result of the proposed project. 5. b and c.: Less than Significant: The phase I survey did not identify the project site as a potential site for historical resources, including human remains. The archaeology survey (CRM Tech, 2004) recognizes the fact that the surrounding area is known to contain historical and archaeological resources; the project site is not known to include any sensitive resources. However, given the known sensitive resources discovered within close proximity of the project site, conditions of approval are required. The project site is also a potential site .r paleontological resources and conditions of approval are required. 5. d.: No Impact: The survey did not recognize the project site as a high potential for human remains. The project site was identified as an agricultural area. While there was significant historical activity around the project site, the project site itself is not anticipated to contain human remains. The following Conditions of Approval will be required as a part of the proposed project and shall be imposed as enforceable conditions under the entitlements issued for the project: a. Prior to the issuance of a grading permit, the applicant must enter into a written pre-excavation agreement with the Pechanga Band of Luiseno Indians that addresses the treatment and disposition of all cultural resources, human resources and human remains discovered on-site. b. The landowner agrees to relinquish ownership of all cultural resources, including archaeological artifacts found on the project site, to the Pechanga Band of Luiseno Indians for proper treatment and disposition to the extent authorized by law. c. The applicant shall provide on-site professional archaeological and paleontological monitoring during all phases of earthmoving activities at the applicant's sole cost. d. If culturally significant sites are discovered during ground disturbing activities, they shall be avoided arid preserved consistent with this condition and the pre-excavation agreement referenced in the Mitigation Measure a above. . R:\C U P\2004\04-Q463 Temecula Regional HospilaNnitial Study ORAFT No. 2.doc 14 e. The applicant shall comply with all recommendations in the HistoricaVArchaeological Resource Paleontological Resources Assessment Report prepared by CRM Tech, dated September 17, 2004 and September 16, 2004 respectively, except as modified by these mitigation measures. i. Monitoring by a professional qualified paleontological, archaeological and Pechanga Tri. monitor is required during all ground disturbing activities. The monitor(s) shall each have the authority to temporarily halt and/or divert grading equipment to allow for removal of abundant or large specimens. The monitor shall remove samples of sediments, which are likely to contain remains of fossil invertebrates and vertebrates. Ii. Collected samples of sediment shall be washed to recover small invertebrates and vertebrate fossils. Recovered specimens should be prepared so they can be identified and permanently preserved. iii. All specimens shall be identified, curated, and placed into a repository with permanent retrievable storage unless the pre-excavation agreement requires alternative treatment. iv. A report of findings, including an itemized inventory of recovered specimens, should be prepared upon completion of the steps outlined above. The report should include a discussion of the significance of all recovered specimens. The report and inventory, when submitted to the Lead Agency (City of Temecula), would signify completion of the program to mitigate impacts to the palentologic and archaeological resources. v. If any vertebrate remains are discovered during grading, a paleontologist and the city of Temecula shall be notified immediately. In the event any Pleistocene-age or older sediments/resources are discovered, a program shall be prepared with recommended mitigations to avoid impact to the resources unearthed. . . R:\C U P\2004\04-Q463 Temecula Regional HospitaNnilial Study DRAFT No. 2.doc 15 6. GEOLOGY AND SOILS. Would the project: .......,"".,......,_....,........,' ''''.'-''''-''''WlA:,;,.,',h"'''''''M. ",_e,_' '''''''_'' - ."~" """":" ", < 'Ie .. . 'T .. ".~'.,:i;,' <>;:;,"-z.''1,:,'~'':, ;:;~~:~1J!dfti~\';::a .,~~e;~~~~~iJ~~~it'. "f' a. '"..'..'..". M. . "'. ,. '"~.''' ""."". '_'~""'''')~ . ?'~i~~:~~t~T~$~~o/! ~?~.X~~ ". "',..~",""..j.'r.".",~ ""S''''''~\lAAt ':;! ~<~tl1tJ:~;;1~~t:l~i~%lt~rt~t~cffJtt~ is; Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involvinQ: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. I Stronq seismic Qround shakinQ? iii. I Seismic-related Qround failure, includinQ liquefaction? iv. I Landslides? I Result in substantial soil erosion or the loss of topsoil? I Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or oft-site landslide, lateral spreadinQ, subsidence, liquefaction or collapse? Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? .~'" .. . ~:~~~,:' x x I I I lb. c. x X X X X d. X . X Comments: 6. a. i-iv and c:Less Than Significant Impact: A Geotechnical Investigation has been prepared for the proposed project (Geotechnical Exploration Report, Temecula Hospital Temecula, CA, PSI, Inc., May 14, 2004). The proposed project is located 1.6 miles from the Temecula segment of the lake Elsinore Fault. The proposed project will not rupture a known fault since there is not a fault located within the boundaries of the project site. The lake Elsinore Fault is classified as an active fault and has the potential to produce large magnitude earthquakes (PSI Inc., May 14, 2004). The project site has the potential for severe shaking in the event of a major earthquake on this or other nearby faults. The site, in its current condition includes subsurface strata that could experience excessive total and differential settlements under a combination of structural loads and seismically inducted soil liquefaction. Due to the presence of loose surficial soils, the study prepared by PSI, Inc., May 14, 2004, recommends over-excavation and recompaction for support of building slabs and pavements. Native soils may represent a negligible corrosive environment with respect to concrete and a moderately corrosive environment with respect to buried metals. The project site has a moderate risk for liquefaction and/or seismic settlement. Unless they are structurally supported, floor slabs should be designed to accommodate approximately 3-1/2 inches of settlement due to soil liquefaction and seismically induced consolidation of soil above the groundwater. The following Conditions of Approval will be required as a part of the proposed project to reduce impacts to a level that is less than significant and will be established as enforceable conditions on the entitlements: . R:IC U P\2004104-o463 Temecula Regional Hospita~lnmal Study DRAFT No. 2.doc 16 a. The applicant shall comply with all the recommendations within the Geotechnical Exploration, prepared by PSI Inc., dated May 14, 2004 and as stated below without deviation. v. vi. vii. viii. i. All existing pavements, utilities, vegetation, and other deleterious materials should tA removed from areas proposed for construction. Stripping operations should extend _ minimum of 10 feet beyond the proposed building limits, where practical. Existing near-surface soils shall be removed and replace as properly compacted fill. The depth of overexcavation should extend at least 12 inches below existing grade for slabs-on- grade and pavements, or 24 inches below existing grade if mat foundations are constructed. The exposed subgrade below the removal depth should be saturated, and densified using a heavy vibratory drum roller. The removed soils should be moisture conditioned to slightly above optimum moisture content and compacted to at least 90 percent relative compaction (based on ASTM Test Method 0157) until design finish grades are reached. This earthwork should extend at least four feet beyond building limits, wherever practical. ii. ili. The first layer of fill material should be placed in a relatively uniform horizontal lift and be adequately keyed into the stripped and scarified (to at least 12 inches) subgrade soils. Fill materials, including import soils should be free of organic or other deleterious materials, have a maximum particle size of 3 inches or less and should possess an expansion index of less than 20 (UBC 18-2). Most of the on-site sols appear to be reusable as structural fill. During the course of grading operation, oversized material (particles greater than 3 inches) may be generated. These materials should not be placed within the compacted fill. iv. Fill should be placed in maximum loose lifts of 8 inches and should be moisture conditioned to slightly above the optimum moisture content and be compacted to at least 90 percent of the maximum density. If water must be added, it should be uniformly applied and thoroughly mixed into the soil by disking or scarifying. Each lift of compacred-engineered fill should b. tested by a representative of the geotechnical engineer prior to placement of subsequen lifts. The edges of compacted fill should extend 10 feet beyond the edges of buildings prior to sloping. Non-structural fill adjacent to structural fill should be placed in unison to provide lateral support. Backfill along building walls must be placed and compacted with care to ensure excessive unbalanced lateral pressure do not develop. The type of fill material placed adjacent to below grade walls must be properly tested by the geotechnical engineer with consideration for the lateral earth pressure used in the wall design. In pavement areas, the upper 12 inches of finish subgrade should be removed/scarified; moisture conditioned to slightly above optimum moisture and compacted to at least 95 percent relative compaction based on Test Method 01557. The upper 12-inch densification should be performed immediately prior to the placement of base material and not during the initial grading operation. As mentioned in the study by PSI, Inc., May 14, 2004, alluvial deposits underlie the site. As such, it is anticipated that shallow to moderate excavations can generally be achieved with conventional earthmoving equipment. All grading operations should be performed in accordance with the requirements of the Uniform Building Code (1997 edition), PSI's Standard Guidelines for Grading Projects (Appendix E), and City of Temecula standards. . R:\C U P\2004\04-Q463 Temecula Regional HospitaNnnial Study DRAFT No. 2.doc - 17 6. b.: Less than Significant Impact: The project will not result in substantial soil erosion or the loss of topsoil. The project site is relatively flat and will be developed in accordance with City standards, including National Pollution Discharge Elimination System (NPDES) standards, which require the implementation of erosion .ontrol and best management practices (BMP's). The Final Environmental Impact Report for the City of emecula General Plan has not identified any known landslides or mudslides located on the site or proximate to the site. Less than significant impacts are anticipated as a result of this project. 6. d.: No Impact: According to the geotechnical study prepared by PSI Inc., May 14, 2004, the project is not located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property. The geotechnical exploration prepared by PSI Inc., dated May 14, 2004 also identifies the soils on the project site as "very low expansion potential" as defined in the Uniform Building Code (UBC) Table No. 18-1-B. The project is required to comply with the recommendations in the investigation report prepared by PSI Inc., dated May 14, 2004. 6. e.: No Impact: The project site will not utilize septic tanks. A public sewer system is available and approvals from the Department of Environmental Health and/or Eastern Municipal Water District for solid wastes and waste water will be required prior to issuance of a building permit. The project will be required to connect to the public sewer system. No impacts are anticipated as a result of this project as the current sewer system and waste treatment facilities are adequate to process the anticipated flow from the proposed facility. . . R:le U P\2004104-Q463 Temecula Regional Hospita~lnitial Study DRAFT No. 2.doc 18 ..~:~;"'issll,J~S~~i~iiti~I~~,~~;;~:;~?0j;:;1~;jJ ~::~~6 a. . . Create a significant hazard to the public or the environment through the routine transportation, use, or . disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely .hazardous materials, substances, or waste within one- Quarter mile of an existina or proposed school? d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or workina in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or workinq in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? '"'" ".'('\.%iJr".7,"[]"F~ -~~~f!jff;'~'~?~it):'\'f~ "Sig~nl." ".. ,'No .', , ;tt1Mn6ti~':-:~~iffioaa:.,: 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: x x x x x x r x x Comments: 7. a. b. c.: Less than Significant: The project could potentially create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials. The proposed project consists of medical uses and will include the storage, use and transportation of hazardous materials. The proposed project is located within one-quarter mile of an existing elementary school. However, the proposed project is not anticipated to emit substantial emissions (except those discussed in the Air Quality study dated, September 14, 2004), materials or wastes that would create a significant impact. As a standard condition of approval, the applicant is required to submit to staff an approved hazardous materials storage and transportation plan (Hazardous Materials Management Plan), subject to the approval of the Riverside County Community Health Agency, Department of Environmental Health. A less than significant impact is anticipated as a result of the proposed project. . R:\C U P\2004\04-Q463 Temecula Regional Hospila~lnilial Study ORAFT No. 2.doc 19 7. d.: No Impact: The project site is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, would not result in a significant hazard to the public or the environment. No impact is anticipated as a result of the proposed project e. e.: No Impact: The proposed projeci is not located within the French Valley Airport Comprehensive Land Use Plan (CLUP). There are no other Airports located near the project. 7. f.: No Impact: The proposed project is not within the vicinity of an existing private airstrip and would not result in a safety hazard for people residing or working in the project area. The proposed project does include a private helipad, which will be used for emergency uses and the transportation of patients to other facilities. As a oondition of approval, the flight path will be limited to commercial or highway areas to the extent practical and safe. A less than significant impact is anticipated as a result of the proposed project. 7. g.: No Impact: The proposed project is not located in an area and is not a portion of an emergency response or evacuation plan. Therefore the project would not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. The proposed project, which is a regional hospital facility, will actually assist in local treatment for the injured, especially in the event of an emergency. No impact is anticipated as a result of the proposed project. 7. h.: No Impact: The proposed project is not located in or near a wildland area that would be subject to fire hazards. The location of the proposed project would not expose people or structures to a significant risk or loss, injury or death involving wildland fires; No impact is anticipated as a result of this project. The following Mitigation Measures shall be required as part of the proposed project: . a. Prior to the issuance of a building permit, the Applicant shall submit a hazardous materials storage and transportation plan (Hazardous Materials Management Plan) that verifies that the handling, storage and transportation of hazardous materials will comply with county, state, and/or federal regulations. . R:\C U P\2004\04-0463 T emecula Regional Hospita~lnnial Study DRAFT No. 2.doc 20 c. .- '; ~ ~::~-~: '1,:.:,~tr;~~~~~:~?tPi.l;~~i ,~~ ~~:: ~~{ ;~0 '~:~~~t~~:~;~{; ~:~~ , ';", ,.. >.'.'.<..,~; , v,'i%i;;fdi1'0':, ' i' , '7"' - }:d~~si8ffifSll~QIjftlfiQ ~~'~~wtfu~t , Violate any water quaiity standards or waste discharge I reauirements? Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which Dermits have been arantedl? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would resu'lt in f1oodino on- or off-site? Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of eolluted runoff? I Otherwise substantiallv deorade water qualitv? I Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation maD? Place within a 100-year flood hazard area structures I which would imDede or redirect flood flows? Expose people or structures to a significant risk of loss, .injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Inundation bv seiche, tsunami, or mud/low? '. r:.S~J~~' " C;iiilo1tci ;: 8. HYDROLOGY AND WATER QUALITY. Would the project: , I a. b. x x x d. x e. x f. g. x , x I h. i. x x ;. x Comments; 8. a.: Less Than Significant Impact: The proposed project would not violate any water quality standards or waste discharge requirements because the proposed project is required to comply with Best Management Practices (BMP's), Regional Water Quality Control Board (RWQCB) regulations as well as National. Pollution Elimination Discharge Elimination System standards. An Army Corps of Engineers permit may be required if the project proposes the inclusion of discharge or dredged or fill material into, including any redeposit of dredged materials within "waters of the United States" and adjacent wetlands pursuant to Section 404 of the Clean Water Act of 1972. The applicant is required to consult with the Department of the Army to determine the appropriate permits required for the construction of an access road/bridge over/across the flood control channel located the eastern portion of the site. A less than significant impact is anticipated as a result of th. proposed project. . R:\C U P\Z004\04-o463 Temecula Raglonal HospitaMnnial Study DRAFT No. 2.doc 21 8. b.: Less Than Significant Impact: The proposed project would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer . volume or a lowering of the local groundwater table level. The proposed project is required to comply with local aeevelopment standards, including lot coverage and landscaping requirements, which will allow percolation and WIllround water recharge. There is an existing water well, owned and operated by Rancho California Water District (RCWD), adjacent to the project site to the northeast. The City has instructed the applicant to contact the RCWD and request that a Water Supply Assessment be prepared for this project. RCWD has not provided any comments of immediate concern at this time. A less than significant impact is anticipated as a result of the proposed project 8. c.: No Impact: The proposed project would not substantially alter the existing drainage pattern of the site or area, including the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site. The proposed project will include an on-site drainage plan; however it will not alter off-site drainage patterns or alter the course of a stream or river, and will not result in substantial erosion or siltation on-or off-site.' The project is also required to comply with Best Management Practices (BMP's), Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Elimination Discharge System (NPEDS) standards, which addresses drainage, siltation and erosion. No impact is anticipated as a result of the proposed project. 8. d.: Less Than Significant Impact: The proposed project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount Of surface runoff in a manner which would result in flooding on- or off-site because the project will not alter the course of a stream or river. The project site includes a flood channel, operated and maintained by .Riverside County Flood Control. Riverside County Flood Control has been notified of the proposed project and has not submitted a letter of concern at this time. The City of Temecula Public Works Department reviews all drainage plans and determines adequate drainage facilities are in place capable of on- site drainage and that off-site drainage facilities can accommodate additional flow. A less than significant .mpact is anticipated as a result of the proposed project . ~. e.,f.: Potentially Significant Impact: The proposed project will add a significant amount of impermeable surface area on the project site. As a result, there will be an increased level of runoff during a rain event. The Hydrology and Drainage Analysis for this project indicates that the project would not create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. The project is required to comply with Best Management Practices (BMP's), Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Elimination Discharge Elimination System standards, which address drainage and polluted runoff. The project will be conditioned to implement Best Management Practices to reduce potential impacts caused by runoff and will be required to implement mitigation measures that are proposed by responsible and trustee agencies. The City recommends that a Water Quality Management Plan be prepared for this project and that impacts related to drainage and potential for polluted runoff be evaluated in a Focused EIR that will be prepared for this project. 8. g.: No Impact: The proposed project is not a residential project and therefore will not place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Hate Map or other flood hazard delineation map. No impact is anticipated as a result of the proposed project 8. h. i.: No./mpact: The proposed project was at one time located within a 100 year flood boundary as shown in the Final EIR for the City of Temecula General Plan.. Recent improvements to Temecula Creek have resulted in a new 100-year and 500-year flood plain boundary delineation. Temecula Creek, which is the primary drainage course in the immediate area, was dredged as a result of Assessment District 159. The dredging of Temecula Creek took place subsequent to substantial flooding of the creek in 1992. Improvements ~d dredging was completed in 1996. As a result of the improvements and the dredging, updated Flood urance Rate Maps have been issued (FIRM, Community-Panel Number 060742-0010 B, revised November , 1996). The project site is now identified within the 500-year flood area. R:\C U PI2OO4\04.{)463 Temacula Regional Hospita~lnnial Study DRAFT No. 2.doc 22 The proposed project site was is located within the Vail lake Dam Inundation area as shown in the City of Temecula General Plan Final EIR (1993). The RCWD owns the Vail lake Dam and has submitted to the City a Dam Inundation report, which includes language pertaining to the dredging of Temecula Creek. ... additional study obtained from the Riverside County Flood Control, Flood Insurance Study, Federal Emergen. Management Agency (FEMA), November 20, 1996 further discusses the dredging of Temecula Creek. The FEMA study shows that the dredging of Temecula Creek now allows for additional carrying capacity in the event of a major flood or an event such as the failure of Vail lake Dam. The proposed project will place structures within a 500-year flood hazard area, as identified in the revised FEMA map (November 20, 1996). The Applicant is required to comply with applicable FEMA standards. The proposed project is not anticipated to impede or redirect flood flows. As a condition of approval a drainage plan is required; this plan will address flow and drainage facilities and provide comments and/or recommendation concerning the failure of the Vail lake Dam. While the current City of Temecula Final EIR identifies the project site as being within the Vail lake Dam Inundation Area, the recent improvements to Temecula Creek have mitigated this potential impact. A revised Dam Inundation Area for the Vail lake Dam is anticipated to remove the project site from the Dam Inundation Area. A letter dated January 29, 1996 from the Federal Emergency Management Agency explains the adjusted floodplain boundaries. The letter and study verify that Temecula Creek maintains a 100-year discharge capacity of 36,000 cubic feet per second (cfs) and a 500-year discharge capacity of 58,000 cfs. The study and letter also verify that the channel banks are higher than the 100-year flood energy grade lines and 100-year flood elevations everywhere along the creek. The Vail lake Dam is a 51,000 acre feet facility. A less than significant impact is anticipated as a result of the proposed project. The proposed project would not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. Vail lake is a 51,000 acre-feet facility. The dam is a concrete arch dam with gravity abutment sections. The dam is 4.5 feet thick at the top and 15 feet thick at the lowest point of the foundation. The top of the dam is a parapet wall at elevation a 1,482.5 feet. The dam is located to the south east (approximately 15 miles) and a failure would result in parti. flooding of the Temecula creek. In the event of a massive dam failure, there is a potential for structure loss, however this is considered a remote potential. Minor dam failure would not result in significant loss of structures or loss of life, injury or death on the project site. The channelization of the Temecula Creek from Butterfield Stage Road to approximately 4,200 feet downstream of Margarita Road and the construction of additional bridges at both Butterfield Stage Road and Margarita Road have allowed the delineation of the flood insurance rate map (FIRM) to be revised as a result of the updated topographic information along Temecula Creek. This updated information affects the flood plain boundaries and the dam inundation area. With the updated improvements and channelization of Temecula Creek, it is determined that the maximum capacity of Temecula Creek has the capability to accommodate the flow of Vail lake Dam in the event of a dam failure. No impact is anticipated as a result of the proposed project. 8. j.: No Impact: The proposed project is not located near a coast line which would be subject to inundation by seiche, tsunami, or mudflow. No impact is anticipated as a result of the proposed project. . R:le U P\2004104-Q463 Temecula Regional Hospila~lnitial Study DRAFT No. 2.doc 23 9. LAND USE AND PLANNING. Would the project: 'i'~~;1~;;(;'f;"'\~:~:,,~';,s~j~il~l~~1li~~liit~~il~t~f~~~~I I a. Phvsically divide an established community? b. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? I c. Conflict with any applicable habitat conservation plan or I natural community conservation plan? . x x x Comments: 9. a. c.: No Impact: The proposed project will not divide an established community because the proposed use is compatible and permitted under the current zoning designation and is consistent with the surrounding commercial uses. The proposed project is currently zoned Professional Office (PO) and will not divide an established community or conflict with the applicable land use plan. The long term vision of the project is planned for office uses, which allows for hospitals and professional offices, to provide services to the community. The project is not subject to, or located within a criteria cell for the adopted habitat conservation plan (MSHCP) or a natural community conservation plan. The Multi-Species Habitat Conservation Plan (MSHCP) does not identify the project site as a critical site subject to additional studies or review. The ~oposed project includes a General Plan Amendment, which would allow medical and office facilities to ceed the 2 story height limit. Medical and office facilities would be allowed up to six (6) stories if the General Ian Amendment is approved. 9. b.: Potentially Significant Impact: The project site currently maintains two separate zoning designations. There are three lots that abut De portola Road, which are zoned De Portola Road Planned Development Overlay-8 (PDO-8). The remainder of the project site is zoned Professional Office (PO). The zone change will change the entire project site, including the three lots currently zoned as PDO-8, to Temecula Hospital Planned Development Overlay (PDO-X). The proposed project is not consistent with the existing General Plan because the project site is within the Specific Plan Overlay which restricts height on the subject property to one or two stories. A General Plan Amendment has been proposed to remove the Specific Plan Overlay on the property to allow for the proposed height increase. All the permitted uses within the. current zoning designation (PO) will still be permitted in PDO-X; the primary change that would take place as a result of the PDO is the height standard. A maximum of 30% of the total roof area of hospital facilities are permitted to a maximum height of 115 feet. Roof area is defined within the PDO as the portion of the roof above occupied conditional spaces bound by the inside face of the parapet wall. The project is located along a state highway (Highway 79 South) and there are not any public views that will be impacted as a result of the project. The proposed General Plan Amendment and Zoning Amendment will bring the project into compliance with land use policies and development criteria. Compatibility issues will be analyzed in a Focused EIR for this project. . R:le U P\2004104.0463 Temecula Regional HospitaNnitial Study DRAFT No. 2.doc Z4 ~;~~~;;.. ii;;,;',;.E;ii~~~~;'~>.~i~':i:~~il~,~,,;',:~:~~j~~~fi~'~!il:~ a. . Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local lleneral plan. specific plan or other land use plan? ""., , .. .. .,.... ' ;.';<"~'''j:." ':.J::.'. ..e };r,OAeSBJ~~al1,~ ~ "-. . .: .' , ., bl"'I~~".'I. . N' ,_2" '; l'~4;-ltP'l~P~:~., ;"',0,"'" loa"." ,;;;.Ifiti1a61ii..., ,dRloaa. .. 10. MINERAL RESOURCES. Would the project: x x Comments: 10. a.-b.: No Impact: The proposed project is not located in an area that is known to include minerals that are considered of value to the region and/or the state. The proposed project will not result in the loss of a locally- important mineral resource because the project site is not identified as an important site known to maintain such resources as shown in the Final EIR for the City of Temecula General Plan. No impact is anticipated as a result of the proposed project. . . R:\C U P\2004\04-0463 Temecula Regional HospltaNnnial Study DRAFT No. 2.doc 25 ~lJfI~ri;;'i;~'!'i'~',':;:l\~;s,a~Jt,~,~l~~':~'f'~' .\~lil~~'. ~"';d;<.:-~:..J"'':>'_c:,~,::~:~.,..,_-;><.-"_,~,,!t>.,..,,dssuesant:I:SU on:SB1{l'tEis;-:,;-:;.."..,,">, h _ a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other aqencies? I Exposure of persons to or generation of excessive I qroundborne vibration or groundborne noise levels? 1 A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the !?roject? A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? For a project within the vicinity of a private airstrip, would the project expose people residing or working in the proiect area to excessive noise levels? 1. 11. NOISE. Would the project result In: C,'-,',; x b. x c. x d. x e. x x . .omments: 11. a.-c..:Potentlally Significant Impact: The project site is located north of Highway 79 South, south of De Portola Road and west of Margarita Road. There are commercial and office uses between the project site and Margarita Road, and residences immediately to the north and across De Portola Road. The state highway forms a separation barrier between the project site and the residences to the south. The City Council of the City of Temecula adopted and codified Ordinance 04-11, which allows helipad facilities in Professional Office Districts with a Conditional Use Permit. The Ordinance states the following: . Heliports shall not be located within 1,000 feet (measures from structure to structure of an existing or designated public or private primary, secondary or high school. Heliports shall not be located within 1,000 feet of an existing or proposed public park (measured property line to property line). Heliports shall not be located within 1,000 feet (measures structure to structure) of an existing or future assembly facility having 500 persons or more seating capacity. Private heliports associates with hospitals shall be exempt from this requirement. The Touchdown Liftoff Area shall not be located within any required yard area and in no circumstance shall it be located within (10) feet from all property lines. In addition, a minimum one-hundred (100) foot setback shall be achieved from adjacent residentially properties. R:\C U P\2004\04.Q463 Temecula Regional Hospita~lnnial Study DRAFT No. 2.doc 26 Ground heliports may be required to be surrounded by a fence or wall at least four feet high and constructed in such a manner as to deflect the horizontal wind velocities caused by rotation of the rotor blades, providing all FAR Part 77 imaginary surfaces and the surface area remain obstruction free. The Touchdown Liftoff Area shall be surfaced with material that will be free of dust, loose organic it inorganic material and particles that may be blown about by the helicopter. Any lighting used for nighttime operations shall be directed away from the adjacent residences. The nearest school is Sparkman Elementary (existing) and Rancho Community Church (under construction). Rancho Community Church is approximately 1,450 feet from the hospital structure. Sparkmen Elementary is approximately 1,250 feet from the hospital structure. The nearest park is Paloma Del Sol Park, which is approximately 1,500 feet from the project site. The nearest assembly facility to the project site is Rancho Community Church, which, as stated above is approximately 1,450 feet from the hospital structure. The helipad is not located within a yard area and the nearest residentially zoned parcel is approximately 460 feet away from the helipad. Conditions of Approval will be in place to ensure the materials and the surrounding lighting and landscaping of the helipad is consistent with Ordinance 04-11. The proposed project consists of a hospital, medical offices, a cancer center and a fitness center totaling approximately 565,260 square feet. The hospital includes two towers that are 5 and 6 stories respectively, the medical office buildings are 3 and 4 stories each, the cancer center and the fitness center are both single story. The proposed project also includes a helipad on the northeast portion of the site. The General Plan allows a maximum noise level in residential areas not to exceed 65 decibels for exterior areas and 45 decibels for interior areas. A maximum noise level shall not exceed 70 decibels for internal commercial and office areas. The City of Temecula General Plan and EIR have forecasted noise levels for this area to be up to 74 CNEL at build-out measured 100 feet from Highway 79 South. The setback of the nearest proposed structure is a medical office building setback 192 feet from the property line abutting Highway 7. South. The nearest point of the hospital is setback 310 feet from the property line abutting Highway 79 South. The project site is designed to include berming and landscaping along the frontage (Highway 79 South), which will buffer some of the noise. The noise analysis (Regulation Compliance Inc., December 2, 2004) states that the construction of the hospital, office buildings, cancer center and fitness center shall be required to install double-paned windows per title 24 requirements. Said noise analysis also states that structures, including residences with double paned windows will mitigate the majority of potentially significant noise impacts. Compliance with title 24 will mitigate the noise impacts associated with the day to day operation portion of the project. There will be temporary noise levels in excess of the maximum noise levels permitted in the General Plan during construction activities and during peak hour traffic periods. This will be temporary in nature and are associated with typical commercial development. Hours of operation for construction activities, consistent with the City's noise element in the General Plan will be enforced. The City Council of the City of Temecula adopted and certified an Environmental Impact Report for the General Plan in 2005 when they approved Resolution 05-43 entitled "A Resolution of the City Council for the City of Temecula certifying the Final Environmental Impact Report for the Comprehensive Update of the General Plan". The General Plan EIR included a statement of overriding considerations, which recognized significant impacts that could not be mitigated to a level of insignificance. Those impacts related to air quality, agricultural resources, biology, education, library, noise and transportation and circulation. The information is contained within the current General Plan which was adopted in 2005. The City of Temecula has been consistent with land-use decisions in relation to the current General Plan and therefore the information is deemed reliable. The Mitigation Measures in this initial study shall be required upon the adoption of this initial study and the approval of the proposed project as conditions of approval. All Mitigation Measures shall be binding requirements of the. project approval. R:IC U P\2004\04-Q463 Temecula Regional HospitaMn~ial Study DRAFT No. 2.doo 27 There is a potential that the proposed use will have an influence on vehicular circulation patterns and that the potential exists for additional vehicular traffic to be experienced in the residential areas north of the project site. This potential for increased noise on residential streets will be addressed in a Focused EIR prepared for the _roject. . 11.d:Potentially Significant Impact: The General Plan noise element identifies the project site as an area that will exceed the maximum CNEL permitted at build-out. A maximum noise level of 65 CNEL is permitted for hospitals and residential uses and a maximum noise level of 70 for commercial and offices uses. The primary source of permanent noise will be generated from the Highway. The proposed project is required to construct berming with landscaping along the frontage of Highway 79 South to reduce the noise impacts on- site and onto the adjacent residential areas. Additional sources of noise are expected from generators and equipment within the mechanical yard. However the mechanical yard is not located near a residence and includes sound walls that mitigate the noise levels at the property to a less than significant level at adjacent property lines (Regulation Compliance, Inc., September 14, 2004). Temporary noise levels above the maximum permitted decibels can be expected during construction activities. The following conditions of approval will be required as a part of the proposed projects entitlements as stated in the Noise study (Regulation Compliance, Inc., December 2, 2004) and the City of Temecula General Plan Final EIR: , a. All construction equipment fixed and/or mobile, including, but not limited to water trucks, cranes, bull dozers, scrapers, and trucks shall be maintained and operated properly, including maintained mufflers. The Applicant and/or contractor shall provide verification of maintenance records prior to issuance of grading permit. . b. During all grading and construction activities, the Applicant shall place and maintain a continuous barrier of 6 foot high (or a height as determined acceptable by the Planning Director) sound blankets along both the projects northern property lines and along all the residential properties abutting the project site. c. All stationary construction and permanent operational equipment shall be placed in a location such that emitted noise is directed away from sensitive noise receptors, subject to the approval of the Planning Director (Prior to issuance of grading permit and on-going). d. Stockpiling and vehicle staging areas shall be located as far away from noise sensitive receptors, including residences, as practical, subject to the approval of the Planning Director. e. Mechanical equipment including, but not limited to heaters, air-conditioners, air handling units, ventilators, trash compactors, generators, and loading bays shall be screened and/or muffled. In addition, the Applicant shall provide buffers, including enhanced landscaping, berming, and/or structures such as walls for acoustical shielding. f. Emergency generators shall only be used in the event of an emergency power outage and/or for service and maintenance. g. Loading docks shall be enclosed on three sides, include a roof or cover, and face away from residential parcels. Truck arrival and departure hours for loading and unloading shall be limited to the hours of 7:00 AM - 7:00 PM. h. Sirens from emergency vehicles shall be shut off when within 14 mile of the hospital site unless required to allow for emergency access. . i. The helicopter flight path shall be limited to commercial areas to the greatest extent possible unless required in emergency situations or if there are no other safe paths of travel. R:\C U P\2004\04-o463 T emecula Regional HospitaMnftiaJ StUdy DRAFT No. 2.doc 28 j. The Applicant shall comply with Section 21661.5 of the State Aeronautics Act and Federal Aviation Administration. The applicant shall submit written correspondence from the appropriate agencies detailing requirements and approvals from the appropriate agencies prior to the issuance of a grading permit for the helipad. . k. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. 7:00 a.m. - 6:30 p.m. Saturday No work is permitted on Sundays or FederaVState Government Holidays 11. e.-f.:Potentiafly Significant Impact: The proposed is not located in an Airport Land Use Plan area and there is not an airport, public or private within 2 miles of the proposed project. However, the project proposes to construct a helipad used for transporting patients to trauma centers at other locations. There is no method available to quantify the number of helicopter trips related to the hospital operations as a result of trauma. Noise impacts on neighboring residents and equestrian uses should be analyzed in a Focused EIR prepared for the project to determine the effects of helicopter noise on the surrounding area. . . R:IC U P\2004104-Q463 Temecula Regional HospitaMnnial Study DRAFT No. 2.doc 29 12. POPULATION AND HOUSING. Would the project: ~e:ji~~"?::i:f:~:;i:,~;'~ti? la~':~~M"'." .,..lgs~,rI(lS.ODO a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? I Displace substantial numbers of people, necessitating the I construction of replacement housinQ elsewhere? x b. x I c. x Comments: 12. a.: Less Than Significant Impact: The proposed project is a regional facility, which will add additional medical services to the region. As a result the proposed project could potentially cause additional growth in the surrounding area. However, the southwest Riverside County region has experienced a rapid rate of growth (residential and commercial) since the mid 1980's without any such regional medical facility. The surrounding community is nearly built-out with residential dwellings. The proposed project therefore, is not anticipated to induce substantial population beyond the residential growth that has already occurred over the last 10-20 years. A less than significant impact is anticipated as a result of the proposed project. 12. b.-C.: No Impact: The project will not induce substantial growth in the area either directly or indirectly. The _oject site includes a hospital, medical offices, cancer center and a fitness rehabilitation center; residential es are not proposed. The project site is vacant and will not displace substantial numbers of people or remove/replace existing housing. The project will neither displace housing nor people, necessitating the construction of replacement housing. No impacts are anticipated as a result of this project. I . R:IC U P\2004104-Q463 Tameeula Regional HospilaNnnial Study DRAFT No. 2.doc 30 13. PUBLIC SERVICES. ~;:::';,,~X;J~~';:~;';'..V..""'.';ii~i~j,~~~~~~l;~l~~;~I~~~~~\k;,~~~l~w: ');:<::::.:'/i"'".'q:" , eaif": ,;::t@ss~iIllill'!'1l{1:', ,'" " ~'A:;' . :', .. ",','>i:ir<'l.' : J;. ":"0 ,'" ~ 7. : ,..Al,gnifii lill:" .,.NO.. i ~"'_"',", ".._~,<;."';(_. ,>,'M_, , oratecbh:::' ,:,>(~,tlltjD'aC&,.'. ,! _:'~hiiPact",,: a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered govemmental 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 public services: I I I I I x Fire protection? I Police protection? I Schools? I Parks? I Other public facilities? I x X X X X Comments: 13. a.: Less Than Significant Impact: The proposed project will have a less than significant impact upon, or result in a need for new or altered fire, police, recreation or other public facilities. The project will provide additional public services available to the community and general public. The project will also provide better emergency medical response and allow for better transport of medical emergencies. The project will contribute fair share contributions through City Development Impact Fees to be used to provi. public facilities and infrastructure. The project will not have an impact upon, and will not result in a need for new or altered school facilities. The project will not cause significant numbers of people to relocate within or to the City. The project will have a less than significant impact upon the need for new or altered public facilities. The Rancho California Water District and the Riverside Department of Environmental Health have been made aware of this project. A condition of approval has been placed on this project that will require the proponent to obtain 'Will Serve" letters from all of the public utilities agencies. Service is currently provided for the surrounding residential and commercial development, so extending service to this site is possible, which would result in less than significant impacts as a result of the project. The project may require improvements to public facilities such as sewer line connections. Eastern Municipal Water District (EMWD) has provided some conceptual analysis concerning sewer flows form the hospital and the total flow is estimated to be approximately 94,100 gallons per day. Based on the estimated discharge volume, the hospital would not be required or conditioned to install additional sewer capacity assuming that all hospital flow is discharged to the existing 24" vitrified clay pipe (VCP) sewer in Route 79 South and no hospital flow is discharged to the existing 15" VCP sewer in Margarita Road. As a condition of service the Applicant is responsible for payments of EMWD's sewer connection fees and water supply development fee. Estimated connection fees at this time are approximately $1,540,000 assuming the current connection fees structure of $3,843 per Equivalent Dwelling Unit (EDU I.e. 235 gallons per day). The estimated water supply development fee is approximately $120,000. . R:\C U P\2004\04-0463 Temecula Regional HospilaNnnial Study DRAFT No. 2.doc 31 14. RECREATION. tt~;~fl~:~;~2f;:c:,,~,~/C;')ii~~;;",~~~;~~~i~ri~ii~~!~i!~,~\fi~;i~~~ttr' 0':<J...^;~~~~~'-;\'<~_'g.'~r"""~'_":":'(,",^J.-:;_'ISSUes:aiid'SUpportinQ.ilnf8rmatilfrl'SoUr~s;,,>::A..""''':~;'''v.v;;;,,~;;.,~":~,,~_,,~o~ :~ a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? " f~~k~~ x x Comments: 14. a.: No Impact: The project is a hospital and medical office project in a professional office zone. The project will not displace recreationally zoned lands or remove vacant lands that are used for recreational purposes. The anticipated need to increase the neighborhood or regional parks or other recreational facilities as a result of this project is not anticipated. No impacts are anticipated as a result of this project. 14. b.: No Impact: The proposed project does not include an open space or recreational aspect to the project. Furthermore, the project will not require the construction or expansion of additional recreational facilities. No impacts are anticipated as a result of the proposed project. . . R:IC U PI2OO4104-0463 Temecula Regional Hospila~lnnial Study DRAFT No, 2,doc 32 ...~~::h~1~~'~~r~~~~r0~~ >,., '0"_.':' 'lssiies.~aricfSuDOO!ti a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads. or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion manaQement aQency for designated roads or hiQhways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.Q., farm equipment)? e. I Result in inadequate emerQency access? I f. I Result in inadequate parkinq capacity? g. Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? ,".~Z^,",.I "'h/... ;:1 i:~~~~~' ~ 15. TRANSPORTATION/TRAFFIC. Would the project: x x x x x X X Comments: . 15. a.-C: Potentially Significant Impact: A traffic analysis and supplemental trip generation information have been prepared for the proposed project; (Traffic Impact Analysis Temecula Medical Center, Linscott Law & Greenspan, Engineers, November 4, 2004; letter from David E. Prusha to Bill Hughes, November 23, 2004). The proposed project is located north of Highway 79 South, south of De Portola Road and approximately 700 feet west of Margarita Road. The proposed project consists of approximately 320 bed hospital facility, 407,260 square feet of hospital floor area, 140,000 square feet of medical office space, a 10,000 square foot cancer center and an 8,000 square foot fitness rehabilitation center all totaling 565,560 square feet. The project will generally be constructed in two phases and will generate a total of 11,458 vehicle trips per day with 865 vehicle trips during the A.M. peak hour and 929 vehicle trips during the peak P.M. hour. The traffic impact analysis (TIA) for the project evaluated all the intersections on Highway 79 South between the 1-15 Freeway Interchange and Butterfield Stage Road and the intersection of Margarita Road and.De Portola Road. Phase one includes approximately 150 beds for the hospital and 80,000 square' feet of medical office space. Phase one is anticipated to generate approximately 6,290 trips per day with 474 vehicle trips during the peak A.M. hour and 629 vehicle trips during the peak P.M. hour. Seventy-eight percent (78%) of the total trips were assigned to Highway 79 South and 22% were assigned to De Portola Road. As part of the TIA, 17 other cumulative projects in the vicinity of Highway 79 South were included in the study. The cumulative impacts of all these projects when added to the Hospital project will result in a LOS of F in several intersections of the study area as identified in the TIA. The TIA has identified several roadway and intersection improvements, which when implemented could result in a LOS of D or better in the study area intersection. It is important to note that the TIA did not factor in a Dartolo Road connection, which could reduce the impacts to each road and intersection. . R:\C U P\2004\04-Q463 Temecula Regional HospitaMnitial Study DRAFT No. 2.doc 33 The f~lIowing Mitigation Measures are recommended as a part of the proposed project: Prior to the issuance of Certificate of Occupancy for any building in Phase I: Modify the proposed traffic signal at the easterly project access (Country Glen) from a three way signal to a four way signal to accommodate access to the project from Highway 79 South. Install sidewalk and street lights along the frontage of the project on Highway 79 South. Improve the intersection of Highway 79 South at Margarita Road to provide an additional eastbound to north bound left-turn pocket (dual left) if this work has not already been completed. Connect an access connection from the project site to De Portola Road. Pay applicable Development Impact Fees (DIF) and Traffic Uniform Mitigation Fees (TUMF). Pay fair share fees towards the improvements of all intersections and roadways in the study area based on the phase I impacts of the project as identified in the TIA. Prior to the issuance of Certificate of Occupancy for any building in Phase II: 1. Connect Dartolo Road from the project site to Margarita Road. 2. Pay fair share fees towards the improvements of all intersections and roadways in the study area based upon the phase II impacts of the project as identified in the TIA. Pay all applicable Development Impact Fees (DIF) and Traffic Uniform Mitigation Fees (TUMF). It should be noted that if the project's DIF and TUMF fees exceed the fair share impact fees of the project, the project will not be responsible for payment of any additional fair share fees for mitigation to off-site intersections, which are affected by the other 17 cumulative projects. . 3. 4. 1. 2. 3. 4. 5. 6. The City of Temecula City Engineer shall have the final discretion to modify the mitigation measures mentioned Above upon final review of the final traffic analysis, subject to and as limited by the substitution requirements of ~e state CEQA Guidelines. Even with proposed mitigation, Level of Service on Highway 79 South and Margarita Road will be operating at a LOS of D or worse during peak periods as a result of the construction of this project. An analysis of cumulative impacts that considers recently approved projects and projects currently being processed along the Highway 79 South corridor must be analyzed in a Focused EIR. 15. d.: Less Than Significant Impact: The proposed project does not include the extension, construction or modification of any traffic pattems that would create sharp curves, dangerous intersections or establish incompatible uses that create a potentially significant impact. The proposed project is required to improve intersections and pay fees, however the improvements would not create unsafe public intersections, curves or traffic patterns. 15. e.: No Impact: The proposed project, as conditioned, includes four access points. The Fire and Police Departments have reviewed the proposed project and have determined that adequate emergency access has been provided. In addition, on-site circulation has been reviewed using the emergency vehicle turning radius templates and it has been determined that on-site circulation is adequate for emergency vehicles. 15. f.: No Impact: The proposed project requires a total of 663 parking spaces. A total of 1,278 parking spaces are provided. No impact is anticipated as a result of the proposed project. 15. g.: No Impact:. The Riverside County Transit Agency (RTA) has submitted a letter requesting a bus stop facility. The applicant shall comply with the standards and written request as set forth by the RTA. No impact is anticipated as a result of the proposed project. . F!:\C U Pl2004\04-0463 Temecula Regional HospitaNnitial Study DRAFT No. 2.doc 34 a. ... c .c.. .". '::E;:;I;i~:,~t~~~]r~i{~;i~~f~~~~ti{~j~i ,.~, ;flstues~an(isunDortiiiCJ~rntk"s^OO~i&:~t*ii~b~>~~~~)-< Exceed wastewater treatment requirements of the applicable Reoional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Require or result in the construction of new storm water drainage facilities or . expansion of existing facilities, the construction of which could cause significant environmental effects? Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? I Be served by a landfill with sufficient permitted capacity to I accommodate the project's solid waste disposal needs? I Comply with federal, state, and local statutes and I reoulations related to solid waste? 16. UTILITIES AND SERVICE SYSTEMS. Would the project: , .... -l~Q'.: . Jiliir."Ct ~ I x b. x c. x d. x e. x 1. x I e g. x Comments: 16. a. b. e.: Less Than Significant Impact: The project will not exceed wastewater treatment requirements, require the construction of new treatment facilities, nor affect the capacity of treatment providers. The project will have an incremental effect upon existing systems. The project may require improvements to public facilities such as sewer line connections. The Applicant is required to consult with the sewer purveyor, Eastern Municipal Water District (EMWD) to determine what, if any, improvements are required. As a condition of approval, the Applicant is required to submit a letter from EMWD indicating that current facilities are in place, or a letter stating what improvements are necessary to provide service to the proposed project. Since the project is consistent with the City's General Plan, less thim significant impacts are anticipated as a result of this project because the wastewater and treatment systems are already designed to handle this quantity of wastewater. 16. c.: Less Than Significant Impact: The project will require on-site storm drains to be constructed. The project may require various State and Federal Permits. The project will include the construction of underground storm drains and drainage swales in various locations within the project site. No off-site storm drains or expansion of existing facilities will be required as a result of this project. Riverside County Flood Control has reviewed the proposed plan and has not submitted any formal comments of concern in regards to District Master Drainage Plan facilities. Less than significant impacts are anticipated as a result of this project. 16. d.: No Impact: The project will not significantly impact existing water supplies nor require expanded watea entitlements. The project will have an incremental effect upon existing systems. While the project will have arw incremental impact upon existing systems, the Rancho California Water District (RCWD) has provided "water R:\C U P\2004\04.Q463 Ternecula Regional HospilaNnitial Study DRAFT No. 2,doc 35 available" letters to the City indicating water resources are available to serve to proposed project, provided the applicant signs an Agency Agreement with the Water District. There is a domestic well near that project site, owned by Rancho California Water District (RCWD). RCWD have been notified of the project; RCWD has not _notified the City of any significant issues or concerns for the proposed project. The proposed project is also ~onsistent with the General Plan and the General Plan Final EIR in regard to permitted uses and policies. Since the project is consistent with the City's General Plan, no significant impacts are anticipated as a result of this project. 16.1. g.: Less Than Significant Impact: The project will not result in a need for new landfill capacity. Any potential impacts from solid waste created by this development can be mitigated through participation in Source Reduction and Recycling Programs, which are implemented by the City. Less than significant impacts are anticipated as a result of this project. . . R:\C U P\2004\04-0463 Temecula Regional Hosp~aMn~ial Study DRAFT No. 2.doc 36 17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: a. ~~;:tW~'J;~;~:<:'-;(~~~l>~:.;~~;:~;~~t~;~:~~'~Y$~I~!1;~~JJ(::~/0~~rL~!0~rti"~~~):i~'.;::.~ ;;;""'i<.;o,r_~A':,:' . _," .",~^.\;!::.>$r .~~-~ ":0f,-"-T', i; __ ,",i -,S,,'-""':- ">"t.t;:.._,~.}.. ~1 {i....,<:::.'." '<>,;'tI"4-;~~"':l'i~~ <C,' '4$; .t"':'" ",(: ~.':h:~~~ ,'>~-'~':,,; ',__{t~,,(<," ,:.--:, :":4 :yzr~';;,',~,~ ""- ~,,-,/.- C.- ~4},~1~~H4.;i , ~t~t~~:&-~/;_~:',;,g:lijs~;a1K1rs~DDOrii11&'llliO' <*-n~ah~$.0~~M~A.t~~'i,,~~~~~ ~, Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California histo[V or prehistory? Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current Qroiects, and the effects of probable future projects)? Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? .c..,."..... );~.:~'j.:. " :t.: :>~ffNo\-" ;', &Irilil"ct,\; x b. x c. x Comments: 17. a.: Less Than Significant Impact: The project will not degrade the quality of the environment on site or ~ the vicinity of the project because proposed Mitigation Measures are expected to reduce the impacts to leve. that are less than significant. The developer will be required to obtain all applicable State and Federal Permits including, Clean Water Act Section 401 permit from the U.S. Army Corps of Engineers and clearance from the State Regional Water Quality Control Board (RWQCB). A traffic analysis has been completed and was reviewed by the City's Traffic Engineer to identify and require traffic calming devices and mitigation measures to maintain an acceptable level of service as required in the General Plan. 17. b.: Potentially Significant Impact: The individual effects from the project are primarily less than significant with Mitigation Measures incorporated into the project. The air quality impacts have been identified as potentially significant impacts. As discussed in the Air Quality section, the project site is located within the South Coast Air Basin, which is designated "extreme" non- attainment area for ozone. The City Council of the City of Temecula has adopted Resolution 05-43, which includes a statement of overriding consideration for air quality, agricultural resources, biology, education, library, noise and transportation and circulation. Resolution 05-43 identifies these areas that could not be mitigated to a level of less than significant with the build-out of the General Plan. All cumulative effects for the various land uses of the subject site as well as the surrounding developments were analyzed in the General Plan Environmental Impact Report. With the mitigation measures in place, the project will be consistent with the standards required by the General Plan and Development Code, and accordingly the cumulative impacts related to the future development will not have a significant impact. 17. c.: Potentially Significant Impact: The project will not have environmental effects that would cause substantial adverse effects on human beings, directly or indirectly. The project will be designed and developed consistent with the Development Code, and the General Plan. Mitigation Measures are required in order to reduce impact to a less than significant level. . R:\C U P\2004\04-Q463 Temecula Regional HospitaNn~ial Study DRAFT No. 2.doc 37 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or .egative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following lon attached sheets. I a. Earlier analyses used. Identify earlier analyses and state where they are available for review. b. Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitiQation measures based on the earlier analysis. c. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated,' describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Earlier Analysis: The proposed project was reviewed under the Final Environmental Impact Report for the City of Temecula General Plan adopted by City Council on November 9, 1993. Sections 3.0, 4.1, 4.2, 4.4, 4.5, 4.6, 4.7,4.10,4.11,4.12,4.14,4.17, and 6.0 of the Final EIR for the General Plan, together with the identified technical documents prepared by the Applicant, were relied upon to analyze the proposed project. As a result of the above mentioned sections and technical studies, the conclusion found within this initial study were made. The information relied upon as described above is available at the City of Temecula for review and inspection. . . R:\C U P\2004\04-Q463 Temecula Regional Hospita~lnnial Study ORAFT No. 2.doc 38 SOURCES 1. City of Temecula General Plan. . 2. City of Temecula General Plan Final Environmental Impact Report. 3. South Coast Air Quality Management District CEQA Air Quality Handbook. 4. Traffic Impact Analysis, Temecula Medical Center, Linscott, Law & Greenspan, November 4, 2004 4. Trip Generation for Spring Valley Hospital, Kimley-Horn and Associates, Inc., November 15, 2004 5. Historical/Archaeological Resources Survey Report, Temecula Hospital, CRM Tech, September 17, 2004. 6. Temecula Hospital Site Habitat Assessment, AMEC, Inc., September 14, 2004 7. Geotechnical Exploration Report, Proposed Temecula Hospital, PSI Inc., May 14, 2004. 8. Hydrology & Drainage Analysis for Temecula Regional Medical Center, Hunter Associates, Ltd. (A TRC Company), November 2004. 10. Paleontological Resource Assessment Report, Temecula Hospital Project, CRM Tech., September 16, 2004. 11. Noise Analysis, Temecula Regional Medical Center, Regulation Compliance, Inc., December 2, 2004. 12. Flood Insurance Study, Federal Emergency Management Agency, November 20, 1996. . 13. Letter to the Honorable Kay Ceniceros, Chairperson, Riverside County Board of Supervisors from John W. Eldridge, Jr. Acting Director of Mitigation Division of Federal Emergency Management Agency, Region IX, dated January 25, 1996 14. Inundation Study for Vail Dam, James M. Montgomery, Consulting Engineers. Inc., July 1975. 15. Temecula Regional Medical Center Air Quality Study, Regulation Compliance Incorporated, Inc., December 16, 2004 16. City of Temecula Resolution 93-90, A Resolution of the City Council for the City of Temecula Certifying the Final Environmental Impact Report for the General Plan and Adopting a Statement of Overriding Considerations for the General Plan for the City of T emecula, Adopted November 5, 1993. 17. Final Environmental Impact Report, Temecula General Plan Update (SCH # 2003061041), March 2005. 18. City of Temecula Resolution 05-43, "A Resolution of the City Council of the City of Temecufa Certifying the Final Environmental Impact Report for the Comprehensive Update of the General Plan," Adopted April 12, 2005. . R:\C U P\2004\04-0463 Temecula Regional Hospita~lnltiaJ Study DRAFT No. 2.doc 39 . . . ATTACHMENT NO. 14 PLANNING COMMISSION MINUTES APRIL 20, 2005 R\C U P\2004\04-0463 Temecula Regional Hospital\PC 11-16-05\PC-ST AFFREPORTll-16-05 v2.doc 49 . r~ '. , MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION APRIL 20, 2005 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 P.M., on Wednesday, April 20, 2005, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Chairman Mathewson thanked Eve Craig for the prelude music. ALLEGIANCE Chairman Chiniaeff led the audience in the Flag salute. ROLL CALL Present: Commissioners Chiniaeff, Guerriero, Telesio, and Chairman Mathewson. Absent: Commissioner Olhasso. PUBLIC COMMENTS None at this time. CONSENT CALENDAR 1 Aaenda RECOMMENDATION: 1.1 Approve the Agenda of April 20, 2005. 2' Minutes RECOMMENDATION: 2.1 Approve the Minutes of March 30, 2005. 3 Director's Hearina Case Uodate RECOMMENDATION: 3.1 Approve the Director's Hearing Case Update for March, 2005. R:IMinutesPCI042005 MOTION: Commissioner Guerriero moved to approve the Consent Calendar. Commissioner Chiniaeff seconded the motion and voice reflected approval with the exceotion of Commissioner Olhasso who was absent. . COMMISSION BUSINESS PUBLIC HEARING ITEMS Continued from March 2, 2005 4 Plannina Aoolication No. PA04-0393. a Develooment Plan. submitted bl/ CurrY Brandaw Architects. to construct. establish. and ooerate a three-storv senior conareaate care facilitv c::<:>nsistina of 115 units on 2.1 acres and an exceotion to the develooment standards to r~<:il.JG~ the onsite oarkina reauirements bv 13 soaces. located on the southeast corner of Villaae Road and Townshio Road within the Harveston Soecific Plan Associate Planner Harris presented a staff report (as written). ..' In response to the Planning Commission's queries, Mr. Harris relayed the following: . That if the three retail components listed in staff's report (Beauty Shop, Barber Shop, and Home Health Care) were not to work out, other retail-type uses could be utilized in the spaces . That the proposed redesigned project and the apartment building would be comparable in height. . At this time, the public hearing was opened. Mr. Sam Alhadeff, representing the applicant, thanked staff for their hard work and thorough staff report. Mr. Alhadeff noted that the proposed project would be a permitted use and that the concerns of massing and elevation, architecture, and the retail component have all been addressed by the applicant. Mr. Garth Brandau, representing the applicant, noted the following: . That at the request of the Planning Commission, the applicant has eliminated the fourth floor resulting in a substantial reduction in the overall height . That the applicant has incorporated retail uses into the facility; noted that the intent of the applicant would be to incorporate a Barber Shop, Beauty Shop, and Home Health Care Center, but that if this were not possible, the applicant would have the ability to acquire other tenants into the facility . That in regard to the concern of architecture, the applicant created a more traditional looking style that would emulate nearby buildings within the Village area . That in addressing the massing issue, the roof lines have been further broken up and lowered along both the Landings and Township Road elevations; and that the widths of the columns have been reduced and four separate color schemes are proposed for the elevations to further segment and break up the building mass. . R:\MinutesPC\042005 2 i Commissioner Chiniaeff expressed concern with the large hip roof and the view the residents on the corner of Township Road and Harveston Drive would have. Understanding Commissioner Chiniaeff's concern, Mr. Brandaw noted that it would be possible to break up the hip roof. For Commissioner Chiniaeff, Mr. Alhadeff relayed that the applicant would be agreeable to a condition requiring the breaking up the hip on the roof of the proposed project. Ms. Mary Rauschenburg, representing Lennar Communities, spoke in favor of the proposed project; advised that in regard to the lease of the four live/work units of the apartment building, the owner has received interest from four specific uses; and noted that although the Welcome Home Center will be utilized by Lennar Communities for another 18 months, it would be the intent of Lennar that after that period of time, the facility would be used for retail uses. For Ms. Rauschenburg, Chairman Mathewson noted that he would like to see the live/work units come to fruition. The following individuals spoke against the proposed facility for the following reasons: . Mr. Anthony Reiter Mr. Spencer Simm . Mr. Jeffrey Duhaney Ms. Shelley Moon . Mr. Roger Logan Mr. Mike Bender . Mr. Larry Bales Ms. Stormer Simm '. . Mr. Kenneth Ray . Mr. Kristopher Williams . That the Isabel Barnet Elementary School will be completely overshadowed by the proposed three-story senior apartment facility . That three-story buildings or higher are not compatible in the Harveston Community, they belong along commercial corridors with similar size buildings .. That the value of the homes in Harveston Community will depreciate if the proposed project were allowed . That the amount of emergency services that will be created due to the proposed project will be a nuisance to the residents of Harveston . That the applicant has only made minor changes to the proposed project . That Lennar never advised that a four-story senior congregate care facility would be built in the Harveston Community . That the proposed retirement residence will not be favored by the residents That the residents of Harveston are desirous of what was originally promised by Lennar - retail and small town Americana Main Street, U.S.A. . . That the proposed project is obtrusive, too tall, unsightly, and unwelcome. . R:\MinutesPCI042005 3 /- ( I Clarifying for Mr. Bender, Commissioner Telesio noted that he had previously mentioned that if the initially proposed project were not redesigned in a fashion that would be acceptable to the Planning Commission, the applicant may not be the right applicant. . Mr. Sam Alhadeff, representing the applicant, noted the following: . That the use is a permitted use under the Harveston Specific Plan . That the proposed project will meet the Development standards in terms of lot coverage and setbacks; . That retail will be provided as spelled out in the Specific Plan . That the applicant has made the requested changes as requested by the Planning Commission . That the applicant would be willing to accept a condition that would impose breaking up the long ridge roofline as requested by the Planning Commission. At this time, the public hearing was closed. Commissioner Guerriero thanked the applicant for their efforts in making the requested changes and noted the following: { ) . That the proposed facility was part of the intent of the Harveston Specific Plan . . That there is a need within the Temecula area to house seniors . That the applicant has addressed the issues that were a concern . That the proposed project is a congregate care facility, not an assisted living facility; and that, therefore, emergency response times would not be the same . That staff will ensure that Lennar Homes will provide was originally proposed . That the Planning Commission would request to change the rooflines. Commissioner Chiniaeff offered the following comments: . That the current four Planning Commissioners were a part of the development of the Harveston Specific Plan and that at that time, it was the vision of Harveston to include residents of all ages including seniors ' . That the applicant has made great strides from the time that this project was originally submitted. In closing, Mr. Chiniaeff stated that he would be of the opinion that the applicant has met the intent of the Specific Plan. . R:\MinutesPC\042005 4 ~ '. . Clarifying for the Planning Commission, Assistant City Attorney Curley relayed that age, medical conditions, race, color or creed are not factors on which housing choices could be based. For the Planning Commission, staff and the public, Commissioner Telesio noted that he has been a part of two ad-hoc committees and has also worked with the applicant and is of the opinion that there have been significant changes from the original plan. In response to Commissioner Telesio's query, Director of Planning Ubnoske noted that the retail spaces would not be useable for any residential spaces and that the Specific Plan imposes a number of different retail uses on the project. Thanking the speakers for their comments and the applicant for all their revisions, Chairman Mathewson relayed the following: . That the building has been reduced in height . That onsite parking will be provided . That retail uses have been incorporated into the facility . That as long as the retail uses are consistent with the permitted uses, the applicant should be the one determining what the uses would be. Mr. Mathewson commented on the applicant's efforts to address the massing and scale of the proposed project and that based on what is being proposed to the Commission and subject to additional modification to the rooflines, he would be in favor of supporting the project. MOTION: Commissioner Guerriero moved to approve the proposed project subject to the addition of a condition, imposing that additional roofline variations shall be incorporated into the building design to reduce the mass and overall height of the ridgelines and that modifications shall be subject to the review and approval of the Director of Planning; that 1,650 square feet of retail space within the facility shall be used exclusively for retail commercial purposes in perpetuity; that the specific type uses shall be consisient with the Harveston Specific Plan; and that the applicant and the Fire Department shall jointly develop a lights and sirens protocol for emergency response vehicle and that the protocol shall be reviewed and approved by the Fire Chief and the Director of Planning. Commissioner Chiniaeff seconded the motion and voice vote reflected approval with the exceotion of Commissioner Olhasso who was absent. At this time, Planning Commission took a five-minute break. A:IMinutesPCI042005 5 ,roo \ I PC RESOLUTION NO. 2005-022 PC RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0393, A DEVELOPMENT PLAN TO CONSTRUCT, ESTABLISH AND OPERATE A THREE-STORY, 115-UNIT SENIOR CARE CONGREGATE CARE FACILITY WITH THREE RETAIL SPACES ON 2.1 ACRES LOCATED AT THE SOUTHEAST CORNER OF VILLAGE ROAD AND TOWNSHIP ROAD WITHIN THE HARVESTON SPECIFIC PLAN AREA ALSO KNOWN AS APN 916-170-027 . Continued from April 6, 2005 5 Plannina Aoolication No. PA04-0462. PA04-0463. PA04-0571. a General Plan Amendment. Zone Chanae. Conditional Use Permit. Develooment Plan and Tentative Parcel Mao submitted bv Universal Health Svstems. Inc. to construct a 320-bed hosoital facilitv and helioad. two medical office buildinas totalina aooroximatelv 140.000 sauare feet. a 10.000 sauare foot cancer center. and an 8.000 sauare foot fitness rehabilitation center all totaling aooroximatelv 566.160 sauare feet on 35.31 acres. located on the north side of Hiqhwav 79 South and south of DePortola Road. aooroximatelv 700 feet west of Maraarita Road ,- ) Senior Planner Papp presented a brief staff report (of written record), noting that based on the issues that were discussed and presented to staff via letters from Best, Best, and Krieger, Fish and Wildlife Service, and area residents, it was staff's opinion that a focused Environmental Impact Report (EIR) should be prepared for the proposed project to address issues stated in staff's report. . For the Planning Commission, staff, and the public, Commissioner Chiniaeff noted that although he was not able to attend the Planning Commission meeting of April 5, 2005, regarding the proposed project, he has listened to the Planning Commission tape and has reviewed all documents that have been presented and understands the concerns that have been raised. Assistant City Attorney Curley noted that tonight's Planning Commission meeting will de dealing with noise, aesthetics, traffic, and hydrology. Chairman Mathewson also relayed that once the Notice of Preparation (NOP) is released, there will be another opportunity for the public to comment on the scope of the NOP and that once the focused EIR draft is released, there will be an opportunity for the public to comment on that as well. In response to Commissioner Guerriero's query, Senior Planner Papp relayed that it would be his opinion that the proposed hospital will not have any need for underground tanks but will have above-ground oxygen tanks; that there may be underground storm drains; and that there will be one large back up generator that will be located near the oxygen tanks (east elevation of hospital). . R:\MinutesPC\042005 6 i . . For Senior Planner Papp, Chairman Mathewson relayed his desire for the scope of the document to not address the source of the leaking tank in great detail. Clarifying for the Commission, Assistant City Attorney Curley relayed that CEQA would address the impact of a project on the environment, not the environment on the project. At this time, the public hearing was opened. The following individuals spoke against the proposed project for the following reasons: . Mr. Kenneth Ray . Mr. Brad Stormon Mr. Don Stowe Mr. Raymond Bennett . That the narrow residential roads of Santiago Ranchos cannot handle the delivery trucks, trash trucks, ambulances, and patients with appointments . That the Planning Commission consider the request of not approving any plan that would contain any regular open ingress/egress for the hospital site on DePortola Road and any building over three stories . That the traffic impact report on Pio Pico Road must be prepared and should be addressed with the EIR . That a sound wall be installed to protect the residents of Pio Pico Road . That impact to equestrian uses in the area be addressed . That the Planning Commission ensure that the emergency room will not be upgraded to a trauma center at any time. . That the dead-end (southern) portion of Pio Pico Road has not been adequately addressed; that it is the desire of the surrounding residents that the dead-end portion of Pio Pico Road (southern end) be abandoned or sold to the adjacent neighbor. Chairman Mathewson noted that the project description does not include a trauma center. Assistant City Attorney Curley noted that an Environmental document assesses a project and that although the concern of the dead-end (southern end) portion of Pio Pico Road would be valid, at this time, circulation is not being planned, advising that this concern would be handled in a different forum than in the EIR. Clarifying for the public and Planning Commission, Commissioner Telesio noted that all of Pio Pico Road south of DePortola Road will be addressod in the traffic/circulation portion of the project. At this time, the public hearing was closed. R:\MinutesPCI042005 7 {-) For the Planning Commission, Chairman Mathewson queried if staff's report was adequate or if there were any other issues that the Commission would want addressed. . For Chairman Mathewson, Commissioner Chiniaeff noted that it would be his opinion that staff's report is adequate but requested that staff include the storm drain issue that would run through the proposed property and the impacts if a trauma center were incorporated into the proposed project. Chairman Mathewson concurred with Commissioner Chiniaeff's comments and is of the opinion that staff's report is adequate and does reflect the concerns previously rnentioned. Assistant City Attorney Curley noted that the Commission does not need to vote on this item; that staff will move forward with the Cornmission's comments and that there will be many opportunities for the public to comment. It was the consensus of the four Planning Commissioner's to receive and file this report. , ) New Items 6 Plannina Aoolication No. PA04-0561 a Develooment Plan. submitted bv STDR Architects. to construct and ooerate a 7.380 sauare foot restaurant. located on 0.42 acres. penerallv located aoproxirnatelv 800 feet west of Maraarita Road. at the northeast intersection of the Temecula Mall LOOD Road and the Mall Access Road that is an extension of Verdes Lane . Associate Planner Fisk presented a staff report (of record) and recornrnended revisions of the following Conditions of Approval: That the language: As rnay be due and pavable bv the Develooment Aareernent. be added to the end of each of the following Conditions . No. 45 DIF . No. 46 TUMPF · No. 50 TUMPF . No. 90 Public Art Ordinance That the cover sheet of Draft Conditions of Approval be revised to as such: MSHCP: Per Developrnent Agreement TUMF: Per Development Agreernent . R:\MinutesPC\042005 8 "'----. , ) . '. . COMMISSION DISCUSSION In response to Commissioner Chiniaeff's query, Director of Planning Ubnoske stated that the architectural consultant has not reviewed the proposed project and that if it were the desire of the Planning Commission, the proposed project could be forwarded to the architectural consultant for review. Responding to Commissioner Guerriero's concern, Associate Planner Fisk noted that the tower elements would be closed windows. Commissioner Guerriero also noted his concern with the parking and queried if there would be additional access to the restaurant's parking lot from the street or will patrons be forced to travel to the access road and utilize the primary entry. For Commissioner Guerriero, Associate Planner Fisk relayed that through a shared agreement for the entire Power Center II, available for EI Torito as well as the other uses within the Power Center II, there will be adequate parking for the entire center and that when the Power Center II was initially approved, it allowed for a larger restaurant than was is currently being proposed. Commissioner Guerriero stated that it would be his opinion that none of the restaurants in the Promenade Mall and Power Center II have adequate parking and relayed a safety issue with the pedestrian traffic crossing the loop road. Commissioner Chiniaeff expressed concern with the side of the building where the service doors are located, advising that there is an open space with no landscaping and queried if there would be landscaping incorporated. In response to Commissioner Chiniaeff's query, Associate Planner Fisk noted that there is an easement in that particular area on the side of the building and was not sure if it will be landscaped. At this time, the public hearing was opened. Mr. Matthew Fagan, representing Real Mex Restaurants and EI Torito, offered a 3-dimenstional PowerPoint presentation, noting the following: . That the proposed project will reflect Temecula's old style and new style . That the proposed project will be vibrant and exciting . That the Plaza area will be fun, exciting, and inviting . That the proposed project will offer many angles . That the applicant is in agreement with the Conditions of Approval as presented by staff . That the Planning Commission consider the deletion or fulfillment of Condition of Approval Nos. 17 and 18 . That the landscaping will be landscaped up the applicant's lease line. R:\MinutesPC\04200S 9 f' 1. Mr. Mark Turpin, representing Real Mex Restaurants, offered the following comments: . That the entire premise of the design of the proposed project is based upon the company's commitment to authentic Mexican food; that the intent with the design would be to create an image of a traditional Mexico or California surrounded by bold colorful shapes that would be found in new construction within Mexico . . That the proposed architecture will combine elements of traditional and contemporary Mexican architectural style. Mr. Mike Chico, architect for the proposed project, noted that the applicant would only be obligated to landscape to the easement line and that the proposed landscaping was designed as a desert landscaping theme to tie along into the new architecture of the building. In response to Commissioners' query, Mr. Chico noted that although staff would have preferred that the building design be either traditional or contemporary, it was the opinion of the applicant that combining traditional and contemporary elements surrounded by bold colorful shapes would be new and exciting. For Commissioner Chiniaeff, Mr. Fagan relayed that he is unaware of whose responsibility it would be to landscape the easement but would discuss his concern with the property owner. At this time, the public hearing was closed. ) COMMISSION DISCUSSION Commissioner Chiniaeff noted the following: . . That it would be his desire that the back side of the proposed building be landscaped before moving forward with the project . That the east elevation (yellow wall) be dropped down to show some life and color to the elevation which would allow a view into the patio area versus a long flat wall; and expressed his support of the use of bricks and trellis Commissioner Telesio noted his concern with the bold colors and the overall contemporary architecture and would prefer it be the traditional style. Commissioner Guerriero expressed his enthusiasm with the EI Torito coming to the City of Temecula and noted his appreciation for the 3-dimensitional PowerPoint Presentation. Commissioner Guerriero concurred with staff's change of the yellow wall (east elevation) but did express his desire for the original architecture. Nothing his appreciation for the 3-dimentional, Chairman Mathewson relayed that it would be his opinion that the proposed project will be under parked and that the architectural consultant should have reviewed the proposed project for direction. Commissioner Guerriero, echoed by Chairman Mathewson, expressed concern with pedestrian traffic crossing the mall loop road as well as the lack of parking spaces. . R:\MinutesPC\042005 10 i .~~ , . Commissioner Chiniaeff directed staff to have the landscape architect review the concern of landscaping on the easement. Understanding the concerns of the Planning Commissioners, Mr. Fagan noted that the applicant would be agreeable to a condition that would require the applicant to work with the property owner to address the landscaping easement issue. For the Planning Commission, Principal Planner Hazen relayed that if it were the desire of the Planning Commission, he will forward the proposed project to the architectural consultant along with the concerns of the Planning Commission. For Commissioner Telesio, Associate Planner Fisk requested from the applicant that the design be either the traditional or contemporary but that the applicant expressed desire to combine elements of traditional and contemporary Mexican architectural styles. In response to Mr. Fisk's statement, Commissioner Telesio expressed his support of either one style or the other, not a combination of both. MOTION: Commissioner Chiniaeff moved to continue the item to the May 18, 2005 Planning Commission meeting; requested that the landscaping at the property line be addressed; that parking be addressed; and that the design of the proposed project be forwarded to the architectural review. Commissioner Guerriero seconded the motion and voice vote reflected approval with the exceotion of Commissioner Olhasso who was absent. 7 Plannina Aoolication No. PA05-0047. a Develooment Code Amendment. amendinq the Municioal Code to allow automobile and truck dealershios to conduct weekend oromotional activities with an aoorooriate oermi!. increase the number of allowable minor temporarY use Qermits from two to four oer vear. and make a modification to the allowable size for freestandina tenant identification sians Associate Planner West presented a staff report (of record). In response to the Commissioner Guerriero's query, Director of Planning Ubnoske relayed that the lumes of the proposed signs would be consistent with what is currently being used. Clarifying for the Commission, Principal Planner Hogan noted that the signs would be internally illuminated and that they would not be a spot light illumination. For the Planning Commissioners, Associate Planner West relayed that if the applicant were to exceed the number and size of the canopies and banners, that would be one way to determine the program's effectiveness. Given the small scale of the program, Principal Planner Hogan was of the opinion that the event would hardly be noticed. Planning Director Ubnoske stated that the item will be forwarded to the City Council. In response to Chairman Mathewson's query, Mr. West noted that the size of the banner would be consistent with the current sign ordinance (32 square feet) and that the maximum height of the banner would be 3 feet with a maximum height off the ground of 6 feet. R:\MinutesPCI042005 11 ~. \ } Chairman Mathewson expressed concern with such activities becoming an every-weekend event. . Addressing Chairman Mathewson's concern, Mr. West stated that the Sunset Provision will provide an opportunity to evaluate the Ordinance; that the intent would be that each dealership would need to apply for a Master Temporary Use Permit and indicate on its site where each canopy, banner, etc... would be located so that it could be enforced by Code Enforcement to ensure that they are in compliance. At this time, the public hearing was opened. Mr. Isaac Lizarraga, representing Temecula Valley Auto Association, spoke in favor of the Ordinance amending the Municipal Code to allow automobile and truck dealerships to conduct weekend promotional activities. For the Commission, Mr. West noted that the proposal would be for new car dealerships only. Director of Planning Ubnoske relayed that staff will work with the language to include two events at the Mall and two events in area B. Commissioner Guerriero noted that the dealerships in Temecula have been very supportive for special events in town and would be supportive of the proposal, noting that after 18 months, he would be willing to expand the time. /- ) MOTION: Commissioner Guerriero moved to approve staff's recommendation and to allow for two banners. Commissioner Chiniaeff seconded the motion and voice vote reflected approval with the exceotion of Commissioner Olhasso who was absent. . PC RESOLUTION NO. 2004-023 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 COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.04 AND 17.28 OF THE TEMECULA MUNICIPAL CODE TO ALLOW MINOR WEEKEND PROMOTIONAL EVENTS AND TO CHANGE THE MINOR TEMPORARY USE PERMIT REQUIREMENTS WITHIN THE AUTO MALL AREA, AND TO ALLOW LARGER FREESTANDING TENANT IDENTIFICATION SIGNS FOR AUTOMOBILE AND TRUCK DEALERSHIPS. (PLANNING APPLICATION NO. PA05-0047)" COMMISSIONER'S REPORT Commissioner Telesio requested that Code Enforcement explore the furniture store and noted that there are quite a few banners on the two twin buildings that indicate "coming soon". . R:\MinutesPCI04Z005 12 i ) . . , , In response to Commissioner Telesio's concerns, Director of Planning Ubnoske noted that she will have Code Enforcement explore his concerns. Commissioner Telesio also expressed concern with the home on the hill behind Old Town, advising that they have a large for sale banner and could perhaps be in violation as well. PLANNING DIRECTOR'S REPORT None at this time. ADJOURNMENT At 10:30 P.M., Chairman Mathewson formally adjourned this meeting to the next reqular meetinfl to be held on Wednesdav, Mav 4.2005 at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. Dave Mathewson Chairman Debbie Ubnoske Director of Planning R:IMinutesPCI042005 13 . . . ATTACHMENT NO. 15 PLANNING COMMISSION AGENDA PACKET APRIL 20, 2005 R\C U P\2004\04-0463 Temecula Regional Hospital\PC 11-16-05\PC-ST AFFREPORTl1-16~05 v2.doc 50 . . . CITY OF TEMECULA PLANNING DEPARTMENT MEMORANDUM TO: FROM: DATE: Planning Commission Emery J. Papp, AICP, Senior Planner April 20, 2005 Issues to be Analyzed in an Environmental Impact Report for the Temecula Regional Hospital SUBJECT: A proposed General Plan Amendment, Zone Change (Planned Development Overlay District), Tentative Tract Map, and a Development Plan were submitted for review by the Planning Commission on April 6, 2005 to consider a Regional Hospital Facility consisting of a 320-bed hospital approximately 408,000 square feet in size, two medical office buildings approximately 140,000 square feet in size, a 10,000 square foot cancer center, and an 8,000 square foot fitness rehabilitation center totaling approximately 566,160 square feet, located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road. The day of, but prior to, the Planning Commission hearing for the hospital project, staff received comment letters from the law firm of Best, Best and Krieger, representing Brad and Nicole Stormon who own a home across the street from the proposed project, and the United States Fish and Wildlife Service. The Stormon's do not object to the Hospital being located on the proposed site, they feel that the following issues, as outlined in the attached letter from Best, Best and Krieger need to be further analyzed in an Environmental Impact Report: . Lack of traffic impact analysis on Pio Pico . Lack of analysis concerning impacts to equestrian uses in the area · Noise sources, noise impacts, and noise mitigation is not adequately addressed · Lack of analysis concerning visual and aesthetic impacts The letter from Best, Best and Krieger goes on to state that: . A Mitigated Negative Declaration is not appropriate for the project . A Water Supply Assessment is required and has not been prepared . Mitigation Measures need to be more definite and certain . There are analytical gaps in the MND The letter from the U.S. Fish and Wildlife Service (attached) states that while the subject property is not located within a Multi-Species Habitat Conservation Plan Criteria Cell, MSCHP policies still apply and the MND needs to include the following: . A Determination of Biologically Equivalent or Superior Preservation for unavoidable losses of riparian habitat due to bridge construction . Per MSHCP Species-Specific Objective No.5, a focused survey must be conducted as part of the project review process . USFWS recommends a more thorough habitat analysis be conducted for the burrowing owl, and depending on the results of the survey, on-site conservation measures may be required The City Attorney acknowledged the receipt of these and other letters from area residents and . stated the City's opinion that we agree that an Environmental Impact Report should be prepared for this project. The staff report of record was then presented and the pUblic hearing was opened. The following represents a combined view of issues identified by public speakers during the hearing: TraffidCirculation Issues: · Increased traffic on OePortola will make it unsafe for equestrian uses . OePortola Road should not be four-lanes wide · Access from OePortola is not wanted by area residents, if required by City it should be gated for emergency access only . Access from Oartola should be in Phase I of the project . All of Pio Pico south of OePortola should be vacated . Emergency room should be relocated Noise Issues: · Increased traffic will lead to increased noise levels · Helipad and helicopter use will create noise impacts and will frighten (spook) horses . Provide sound walls to mitigate traffic noise Aesthetics: . The hospital towers are too tall and not consistent in the area, views will be lost · Windows will reflect too much light and create glare . Hvdroloav and Groundwater: . Due to increased runoff resulting from this project, a storm water plan should be prepared . Contamination from underground storage tanks may pose a threat to groundwater if the contamination plume is moving. Once paved or built upon, this will be difficult to track. These and other issues will be analyzed in a Focused Environmental Impact Report that will be prepared for this project. The EIR will include the full project scope, Alternatives to the proposed project, discussion of impact areas, responses to all public comments received during the public review period, Mitigation Measures, and supporting studies. . S TAT E OF CALI FOR N I A Governor's Office of Planning and Research State Clearinghouse and Planning Unit ~..~ ,,~"to [ *~I $.'-.lIJ/A .9 ">. -.,. ~1tDFe>>Jf~- . Arnold Schwarzenegger Governor Sean Walsh' Director April5,2005 _----\_.::1~ -, ' nfl \r' ! I' \ r';-:J f,' 1,- 1,1 I"~; \i.l !\"\ "~ r \ ',I I _, " i '.:'. 1\ { \1:1: !\!; [I ':, APR 1 1 2005 i'; ':\ I:::! ,..-1; fU .1 l~:.iV --::-. :;-::=:-.:";=:=-=-,=-:_-::.--:::-::..:.:.:::-.~ Dan Long City ofTemecula 43200 Business Park Drive Temecula, CA 92590 Subject: Planriing Applications Nos. P A04-0462 a General Plan Amendment and Zone Change (PDO-X); PA04-0463 Development Plan and Conditional Use Permit and P A04-057 I Tenta SC1I#: 200503]017 Dear Dan Long: The State Clearinghouse submitted the above named Negative Deciaration to selected state agencies for review. The review period closed on April 4, 2005, and no state agencies submitted conunents by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. . Please call the State Clearinghouse at (9]6) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named projec~ please refer to the ten-digit State Clearinghouse number when contacting this office. .;:;~ Terry Roberts Director, State Clearinghouse . 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CAUFORNIA 95812-3044 . TEL (916) 445.0613 FAX (916) 323.3018 www.opr.cagov Document Details Report State Clearinghouse Data Base SCH# Project nUe Lead Agency 2005031017 Planning Applications Nos. PA04-0462 a General Plan Amendment and Zone Change (PDO-X); PA04-0463 Development Plan and Conditional Use Permit and PA04-0571 Tenta Temecula, City of e Type Neg Negative Declaration Description The proposed project includes a General Plan Amendment, Zone Change (PDO-X) Development Plan, Conditional Use Permit and a Tentative Parcel Map. The General Plan Amendment is a request to eliminate the specific plan area from the General Plan, which currently limits the height of buildings along Hwy 79 to 2 stories. The Zone Change is a request to change)he zoning from Professional Office and DePortola Road Planned Development Overtay (PDO-8) to Temecula Hospital Planned Development Overlay (PDO-X). The proposed PDO-X allows a height up to 115 feet for 30% of roof areas for hospital and medical offices. The Development Plan and Conditional Permit is a request to construct approximately 565,260 sf of hospital, medical office, cancer center and a fitness rehabilitation center space on 35.31 acres. The Tentative Parcel Map is a request to consolidate eight lots into one parcel. Lead Agency Contact Name Dan Long Agency City of Temecula Phone (951) 694-6400 email Address City Fax 43200 Business Park Drive T emecu/a State CA Zip 92590 Project Location County Riverside City T emecula Region Cross Streets Parcel No. Township N. of Hwy. 79 South / De Portola Road / Margarita Road 920-100-001 through 013 Range . Section Base Proximity to: Highways 1-15, Hwy. 79 S Airports NfA Railways None Waterways Temecula Creek Schools Sparkman ES, Rancho Community (private scliool under construction Land Use Vacant Z: Professional OffICe and Planned Development Overlay (PDO-B) GP: ,Professional Office Project Issues AestheticIVisual; Air Quality; ArchaeoJogjc-Historic; Flood Plain/Flooding; Geologic/Seismic; Landuse; Noise; Other Issues; PopulationfHousing Balance; Public Services; Sewer Capacity; Soil Erosion/Compaction/Grading; Toxic/Hazardous; Traffic/Circulation; Water Quality Reviewing Resources Agency; Regional Water Quality Control Board, Region 9; Department of Parks and Agencies Recreation; Native American Heritage Commission; Department of Health Services; Office of Emergency Services; Office of Historic Preservation; Department of Fish and Game, Region 6; Department of Water Resources; California Highway Patrol; Callrans, District 8; Department of Toxic Substances Control; Caltrans, Division of Aeronautics . Dale Received 03/04/2005 Start of Review 03/04/2005 End of Review 04/04/2005 Note: Blanks in data fields result from insufficient information provided by lead agency. REC~IVED:. 4/ 6/05 2:02PM; ->CITY OF TEMECULA; #814; PAGE 2 '.'; , . . ' " \ . ~ ':'.1' , , , " , . '. 1 ,. , : " , 1 " " , i r ~ , i , ." !) k l t I. f APR-06-2005 14:06 BEST, BEST KRI EGER 909 682 1832 . . ; BEST BEST & KRIEGER LLP A CAUf'CIlIIHIA. UMITED UUlUT"t ~~~IP INCLUDIMO PR0f'E83ICtw. CO"f'OAA'TlOHB lAWYERS 3750 UNIVERSI1Y' AVENUE. POST oma: BOX 1020 RIVERSIDE, CALlFORI'rlIA 02502-1028 (9511 &B1I5-1450 (Q51) 88&.3083 "AX BBKlAW.COM SACRAMDm) (D I 0'3260.4000 IHDIAN WELLS c7eo) 50S-ae I I SAN Draw te l;in 5Z5"1 300 ONTARIO ceoQl Q09-BSe4 OIWlGE COUNTY '040) 2e3-Zeoo (, ls.u.vAllO?l M. s..&.AzAR !,SA~VADO~.S""""""@BBKl.AW.COM :' i ~ , April 6, 2005 I { I ( Via Facsimile and First Class Mail Dan Long Associate Planner City ofTemecu!a Planning Department P.O. Box 9033 Temecula, CA 92589-9033 , i 1 j, i I. , t RE: COMMENTS ON JruuAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR PA04-046%, PA04-1463, AND PA04-0571 (UNIVERSAL HEALTH SERVICES, HOSPITAL PROJECT) Dear Mr. Long: This law firm represents Brad and Nicole Stonnon, owners of a single family residence located on the northeast comer of DePortola Road and Pio Pico Road directly across the street from the northerly boundary of the proposed Universal Health Services Hospital development project (''Project''). The Stormon's are in receipt of the City of Temecula's Notice of Intent to Adopt a Mitigated Negative Declaration for the Project and have retained us to assist them in reviewing the potential impacts of this P(oject on the environment, their residence and neighborhood. While the Stormon's do not object to the construction of a hospital on the subject site, they want to be asS]1fed that the proposed deviations from the existing general plan and zoning designations necessitated by the increased intensity of the Project do not cause unmitigated impacts to the environment. To that end, the Stormon's have attended most of the neighborhood meetings held by the City and/or developer of the Project. They have become quite familiar with the Project and all of its components. In fact, the Stonnon's have seven! times voiced their concerns about the Project to City staff and representatives of the hospital. Although they were informed that their concerns would be addressed in the environmental documents for the Project, they have reviewed the Initial Study and found it to contain significant gaps in information or inadequate analysis. RVPUB\sALV ADOR.SALAZAR\690947.3 P.02 RECEIVED:' 4/ 6/05 2:02PM; ->CITY OF TEMECULA; #814; PAGE 3 " " ":',~ : '.1, l' BEST,BEST KRIEGER 9139 682 1832 APR-B6-2005 14:07 ( , , LAW OffICES or i BEST BEST lit KRIEGER I } ! j, i ; LLP City ofTemecula, Planning Department April 6, 2005 Page 2 I " :.' I ! ( I While the Stormon's believe that their specific concerns about the adverse traffic, noise, air quality and aesthetic impacts from the Project may be alleviated with: (1) the construction of solid fencing along their property frontage (to screen noise, olock exhaust and screen light and glare); and (2) the installation of traffic calming devices, signs or structures along Pio Pico Road (to slow traffic coming south fromPio Pico Road to access the northerly portion of the Hospital and minimize U-turn traffic by drivers who miss the single DePorto]a driveway entrance to the hospital) none of these mitigation measures were identified or discussed in the Initial Study or included ,in the mitigation monitoring and reporting plan prepared for the project. Failure to discuss these feasible mitigation measures renders both the Mitigated Negative Declaration and mitigation monitoring and reporting plan deficient. We have set forth, the Stormon's conclusions in more detail below. , ~. ;. i' i' ) DEFICIENCIES IN THE INlTI~L STUDY f " ; ! .' ; I I. THE LACK OF ANY ANALYSIS CONCERNING TRAFFIC IMPACTS TO PIO PICO ROAD. I r f The failure to discuss potential environmental impacts may result in an inadequate environmental docwnent. (Ocean View Estates Homeowners Ass'n v. Momecito Water Diat. (2004) 116 Cal.App.4d1 396.) The Initial Study notes that the Project will generate 11 ,458 vehicle trips per day with 865 trips oecuning during the A.M. peak period and 929 trips occurring during the PM. peak period. The Initial Study and Traffic Analysis assign 78% of the vehicle trips to Highway 79 (South) and 22% of the trips to DePortola Road. (Initial Study at p. 33.) The Traffic Analysis also "evaluated all of the intersections on Highway 79 South between the 1-15 Freeway Interchange and Butterfield Stage Road and the intersection of Margarita Road and DePortola Road." (Initial Study at pp. 33.) Inexplicably, however, no vehicle trips were assigned to Pio Pico Road and the intersection ofPio Pico Road and DePortola Road was not one of the intersections studied in the Traffic Analysis. (Sect. ]5063 ["State CEQA Guidelines").) We understand that the traffic engineer retained by the Project proponents! believes that no assignment of trips to Pio Pico Road is necessary because traffic will nol use primarily residential streets to access the hospital. However, there is already a significant amount of traffic that comes from the residents in the northerly areas of the City of Temecula that use Margarita Road and then cut south to Pio Pico Road. These conditions will be exacerbated because persons coming from the northerly portions of the City to the Hospital will find it easier to bypass most of the traffic accessing the Hospital from Margarita Road and instead enter the Hospital complex from the driveway located off DePortola Road. Indeed, it appears from looking at a map of the City that a large portion of its population base is located north of the Hospital with easy access to Margarita Road as a means to travel south in the City. i .l i ~ j' I , I ~ 1 Additionally, we nOle thai while the City may utilize information prepared by the Project proponent, the City must find that the environmental analysis refleclS the City's independent judgment. (See, e.g., Stare CEQA Guidelines, ~ 15074.) RVP\JB\S.ALV ADOR.SAl.AZAll.\6!lO!>47.~ P.03 '. ~"([' (~\Ir..'l~ . 1~~.",lLl , ~/,~~: , . '1,1'1\~ ,~' :.I.~.'" \: ',ff;', . ',~', . .',:'AIt"" . :.1,' ..~ / ' ";:I'~'~~ :;','\i!!!l ,"y,,' ," \ll"~' , r(>'," 'r I~~::';" ",:l",:'~, k'r,~.- 'l I\'~."~~" '; ';~~,;lif~f I ' .... ~ ,':' ; ~lr,t" I . iJl:"',) I .1:'.,,\ i: ;".;~;...:~~~ " .... . . :"~'{~.J .'.~~ ,i'~S~ ~. .v', . . ,f:...... '~'r "(,"(\.:].1 ,.."r.,.. ._.... ...':'1.( 1 ::..t;;:..,: .; ,< ..",~ I - _j ~ '. 'i~';"'~'i 'W "...J',(I\ . .~~I~\~j " ~'.\:/.~' . """'I!!i ,~ . n:;v:~'\~ . " ,j~' , ".'" \ r....I..'f.j , . ;,i'h..., '. I~\'" . t'~':",,, . ,. ~ :....' . .:.;.~,w ,>~;(;,~ ~ ':"{~2~:t:1" -..- , . ..-..", , . .'>"">', :'. Jt:/~"I .'," I'" , "'JJ" " ,':""7",..- , ,":,'(w it,... , .' ::l"~. ::;; . ,:.;,:f::r'~,J ~ ~.,;.; ,.~., '" I 't.~~, : I "J ,,'1\;'''11~, r.-.JI "''''.,': . :~.:.:' I ~ ,. :'1:; " ,,,,,,'/11.1. ." 11""'1 , .' ,), '~", .. ~,l ,I,,~~ . ,I' ~ I' ,,"'" "'d"" 'tj"~' , '~.;."..'~" . :1,' ;:~ ,.tt.'j '- ..~ . "I' '... . ",.~ ',. r. ;; . ,1":.. . :1," .', . :: . ,,' , ~.:/t l( , r':,'~{: . .' :'~'\I' :to .... " " ';.,':.l' '" . :<'/~.1.1.. '. /. ! ~ ' "/"'" . '~, ~.t.. , ,~. , " . ,.f;!I~ o!~.- - . '.,:,',:\'i: :1'::1';(, ';"I.~I'~r:l :,.," ilJl " '.',n '. "-'~ REC~IVEO:' 41 B/05 2:02PM; ->CITY OF TEMECULA; #814; PAGE 4 : j, ei , 1 I, \ ! i: . , el. i , . - '. . APR-06-2005 14:07 BEST. BEST KR IEGER 909 682 1832 . LAW OrncES Of' ; ,BEST BEST &. KRIEGER LLP , City ofTemecula., Planning Department April 6, 2005 Page 3 .. . Given these street conditions, the Stormon's request that the Traffic Analysis be amended to: (1) include a study of the intersection of DePortola Road and Pio Pico Road; and (2) study the reassignment of vehicle trips that would travel south beginning at the intersection Margarita Road to Pio Pico Road. After the Tmffic Analysis is revised, at a minimum, the City should recirculate the Mitigated Negative Declaration for an additional comment period. (State CEQA Guidelines, ~ 15073.5.) 2, THE LACK OF ANY ANALYSIS CONCERNING IMPACTS TO THE EQUESTRJAN USES PeRMmED IN THEIR NEIGHBORHOOD. ; . i : j, , , ( . As you know, the Los Ranchitos Property Owners Association maintains several equestrian trail easements for the use of property owners in the area surrounding the proposed project. These trails constitute an established land use that serves to connect communities which may be adversely impacted by the Project's construction and operation. One of the trails is located along De Portola Road. The De Portola trail is accessed by a north-south trailloeated on the east side of the Stormon's property. While these equestrian easements are not identified as "equestrian trails" in the City ofTemecula's General Plan, they exist through recorded easements and are frequently used by local property owners. In addition, the City of Temecula has implicitly recognized the importance of these trails by requiring the Project to construct a trail along the westerly portion of the Project. The Initial Study, however, fails to identify the trail access as an issue and lacks any discussion of impacts to the use of these equestrian trails from Project-generated traffic, especially traffic using Pio Pico Road to access the north side of the Project. 3. THE INITIAL STUDY IDENTIFIES SIGNIFICANT IMPACTS FROM NOISE SOURCES AssOCIATE/) WITH THE PROJECT, Bur OMITS DISCUSSION OF SOME SOURCES A/'lD DOES NOT IDENTIn MITIGA,110N MEASURES 1'0 REDUCE THE NOISE FROM OTHER SOURCES TO LESS TlL4N SlGNlFIC4NT LE'/IELS. " , .. i , . I . The Initial Study notes that the Project will include a heliport. (Initial Study pp. 26-27.) The Initial Study also identifies development standards that are applicable to the installation of heliports. However, none of these development standards include specific noise standards for heliports. Further, the Initial Study does not discuss: (I) the anticipated frequency of use of the heliport; (2) the anticipated noise levels associated with the heliport; or (2) the potential noise impacts to surrounding properties. In addition, the Initial Study notes that "there will be temporary noise levels in excess of the maximum noise levels permitted in the General Plan during construction activities and during peak traffic periods." (Initial Study at pp. 27) While the Initial Study notes that these noise levels will be temporary in nature, there is no discussion concerning how the City can permit noise levels in excess of those identified in the General Plan. CEQA defines a "significant effect on the environment" as "a substantial, or potentially substantial adverse change in any physical conditions within the area affected by the project including... ambient noise...." Temporary I- i , , . i . /. 1 r f. . RVPUBISALV ADOR.SAl-AZ/o.RI690!l47.. P.04 RECEIVED:' 4/ 6/05 2:03PM; ->CITY OF TEMECULA; #814; PAGE 5 " ..' APR-06-2005 14:08 BEST,BEST KRIEGER 909 682 1832 j'BEST ~ LAW .........-..... OF BEST 5. KRIEGER LLP I ! \ City of Temecula, Planning Department April 6, 2005 Page ~ ! l' i . 1 ., r , . impacts can be significant adverse impacts requiring the preparation of an EIR if mitigation is not implemented. (No Oil, Inc. v. Los Angeles (1974) 13 Cal.3d 68,85 ["Although the duration of an environmental effect is one of many facts which affect its significance, nothing in [CEQA] suggests that short-term effects cannot be of such significance as to require an EIR."].) Permitting noise levels in excess of those authorized in the City's General Plan would constitute a "significant effect on the environment". ! , . " l , Finally, we note the discussion on page 27 of the Initial Study which appears to suggest that because the City Council adopted a Statement of Oveniding Considerations (SOC) for noise as part of the adoption of the EIR for the 1993 General Plan, the SOC can be used to override any noise impacts from the current Project. [We note also that this same discussion occurs with respect to significant air quality impacts.] First, the City cannot rely on a statement of overriding considerations prepared for another project. The court in Communities for a Better Environment v. California Resources Agency (2002) 126 Cal.Rptr.2d. 441, clearly held that, "[e]ven though a prior EIR's analysis of environmental effects may be subject to being incorporated in a later EIR for a later, more specific project, the responsible public officials must still go on the record and explain specifically why they are approving the later project despite its significant unavoidable impacts." Thus, a public agency may prepare a negative declaration that tim off of a previous EIR; however, a negative declaration is in"""..."riate where any of the project's impacts are significant and unavoidable. If any of the project's impacts are significant and unavoidable the agency must prep arc an EIR and adopt a statement of overriding considerations specifically for that project. , , \ ~ I I Second, this "{".v..ch is inapplicable where, as here, the project is not consistent with the 1993 General Plan. Indeed, the Project requires a general plan amendment and zone change in order to develop the Project in the manner and intensity proposed. For your reference, we point your attention to Section 15162( e) of the CEQA Guidelines which provides that "[TJiering shall be limited to situations where the project is consistent with the I!eneral plan and zoning of the city ... in which the project is located...." (CEQA Guidelines, ~ 15152(e).) Therefore, it is inappropriate for the City to use the SOC from the 1993 General Plan EIR to simply override the noise and air quality impacts identified for the Project. j' i 1 , 4. THE LACK OF ANY ANALYSIS CONCERNING VISUAL AND .A&uu:,uC IMPACTS TO THEIR PROPERTY AND OTHER PROPERTIES IN 11lE NEIGHBORHOOD. 1 , " The Initial Study notes that the project will include various buildings and a hospital structure that includes towers of five and six stories (106' in height). It further notes that "[W]hile the project will be visible from various residential lots, a less than significant impact is '. , The City is cunently in the process of significantly revising its General Plan yet it appears that this Initial Study /Mitigated Negative Declaration has been prepared tiering off of the 1993 Ge.nenl Plan IllR. The Sronnon's are very coneemed about the City's use of that EIR as it would be inappropriate to tier off of an environmental document that is no longer accurate. Additional analysis should be conducted to derennine wbether Or not the Project 1$ consistent with the new GeZ1CraJ Plan. . ., t } , RVPUBISALVAPOJl.5^U\ZARI6\lO\l47.3 P.05 " "'\" .. :~. ~JI'" . I''''ir. .: 1,'::..':/ " \: ..,~ ~ l~ v:.t. " ,'If lit " , . {~:~ . J~'~t . :"~..'I,. 1 -"11"\",\: . Jr',"f, " '''~'''''' '....i,"~ .,;0,",', , ,:), (11 , '( 1>,', : ,,:l;-'ru~, 1 :"'~"; ~~ ",1")1 I, .. V" I ,~~ '. ",,1' .' ..\ :'~'i~. . "~">'",: t: ,\t,):. , , :; "~"'~.' ".,,"., :~'l'; .. ~,:' ','" '....\,'Ir,..l! I <:;~"'. , . '''~ II",. I ....-Z ,,'!'!..:.".i:'" : ".:' ;':X'~ . . '::1.~:~ ~~, f j~'1\:;~~ - I' " . ~.. 'I , "'\Jt,"I.".t.:=:I , "', .. ...lI "'J' .;r.l!U _ ; V..::i ... . :!.,': .'~'. .: :','~~i') ~ ~':'~~''''\ ~ \ ,\ .t',' :.~ .. ....v;tH... AI" ,'~{; .".. ...,.}t'~..} ~ ., . ,f.~,,, 'lI _ I '.','l\l:I- . lit \. '.~,>rH-~ ,~, _,,_, ~- "".\ :1,', J~ .,' ,. .: .~, ~ ~ .' v, "t;r.,.., . ,/1."1", .., . ,:', ~""....#,'Vi ~"1JIj I .ff,; ," . ,t;.:~:;'4}' ~ .~I 7"", oj :\ :-;.~,~ .. '::'.I~I"~.::' I ',f;i~. - " i','" . '1,:1,'.y. '. "~l'..'..,:!... 'I ':.;I.~~'f' , , ~:!~~ ,/J . ...it"A~ . ,':~.:tl:! =t ",I \~ k'.. ....,10 . ~-!,' . " .;....;\0;. ',\,'..tIP: ,"',...! :' ..,~:..:~~'; '~':.''''A.lll - '.:.\~f"l'~ . ,'p J'j" \~.,1!;.,,~' . .' ." (~tf~ ~-- , ,\ ,\ , " .,''''' \ ~ :1, : .'../" ' ~";~.'I:t~I'I,. ......'.\.1 .,' :-I"H' . :' \ t.~, "~ , .~,l,.l,.;; 'iJ'1o,,:' ')- .. ',,:,... , ;":':"\"'-' ,~, v. ':~ j 'I' ;.; '.'''' q ..,oJ '" _"'lI .' .1 .1.1;, ~ . . ~1\(,'II~' . " t. "'1""~~'" '" , . 'I >:'iLf. : , 'ftl\;.r~. ~ "",..l: 'I" . ....,', :,'., "I, ~ . '. ,\'. '1';1 , , :~~, . .{ .: 1/ ,~ .,.... ':V ~:jj .: ,,,, 'H', ~,;. ~~ I' 1\oI',~fl' "..,,(~~ ",J, " ..... ,,,' REC,EIVEO:, 4/ B/OS 2:03PM; ->CITY OF TEMECULA; 11814; PAGE e , I I lAW OFI'ICES OF' I, BEST BEST & KRIEGER :.~, " ,- l' , I' , i - APR-06-200S 14:08 BEST,BEST KRIEGER 909 682 1832 LLP City ofTemecula, Planning Deparnnent April 6, 2005 PageS anticipated because views are considered private and are not considered to be of public benefit" (Initial Study at p.3.) However, this statement does not absolve the City from analyzing the aesthetic and visual impacts on SUJTOunding residential properties of constructing a six-story building. There can be no doubt that the visual character of the area will be significantly affected with the construction of 106-foot tall structure in the immediate vicinity of a' residential neighborhood. (Ocean View Estates Homeowners Ass'n v. Montecito Water Disr. (2004) 116 Cal.App.4lh 396 [concern of local residents regarding aesthetic impacts may establish substantial evidence to support a fair argument that a project has II significant adverse impact on aesthetics); The.Pocket Protectors v. City of Sacramento (2004) 2004 Cal.App. LBXIS 2074 [lay opinion may be substantial evidence of aesthetic impacts).) Dismissing the analysis simply because the views are not legally protected does not comply with the requirements of CEQA. (State CEQA Guidelines, ~ 15063; see also Prolecl the Historic Amador Waterways v. AmadoI' Water Agency (2004) 116 Cal.App.4lh 1099 [stating that the lead agency must consider every fair argument that can be made about a possible significant environmental effect, even if the project already meets established thresholds).) The conclusions reached in the initial study must be based on some evidence. (Ibid.) Entries on a checklist or other fOIm should be briefly explained to indicate the basis for determinations. (Citizens iss 'n for Sensible Development v. County of lnyo (1985) 172 Cal.App. 3d 151, 171.) In addition, the discussion concerning the mitigation of glare impacts does not discuss whether the purported mitigation measure requiring all windows above the second floor to be glazed and/or tinted will in fact reduce the impacts of glare to less than significant levels. , ). ( I !: ;' I I 1 , " I I, 1. ,. RVPUBISALV AOOR.SALAzARl6m47.3 P.06 RECEIVED: 4/ 6/06 2:03PM; ->CJ:TY OF TEMECULA; 1#814; PAGE 7 f, y , " , , . i I , , ; . !. i I , l , . :' ! I i i I. I I L 1"- , I i. '. . i I I ! . .: , I I . t (. )i . \' f APR-I'l6-2005 14:08 BEST. BEST KRIEGER 909 682 1832 lJiNI Y'- .-..........i 0" . BEST BEST 5. KRIEGER LLP City ofTemecula, Planning Department April 6, 2005 Page 6 , r 'i I: i ! P f CONCLUSION We appreciate the opportunity to comment on the Initial Study for this project. For the reasons set forth above and additional reasons listed in the attachment to this letter, the Initial Study does not adequately address the proposed impacts from the Project. In other cases, the Initial Study is missing significant infot'lllation required by law or identifies significant impacts without mitigation measures to reduce the impacts to less than significant levels. Ai; a result, the City of Temecula should consider preparation of an environmental impact report (EIR.) for the Project. . alazar, AICP ST & KRIEGER lLP SMS:mxm Cc: Honorable Chairman and Members of the Planning Commission Debbie Ubnoske, Planning Director Brad & Nicole Stot'lllon RVPOlllSALV AllOR.SALAZAR\690947.3 REC~IVEO: 41 6/05 2:04PM; ->CITY OF TEMECULA; #814; PAGE 8 APR-06-200S 14:09 BEST.BEST KRIEGER 909 6821832 , LAW OFRCES OF j BEST BEST & KRIEGER .r . : , l' ~ 1 , I ;' i I' ! .; , . , j I , .( . . i,\' }' , ~ ,~. " ";".f_, . LLP City ofTemecula, Planning Department April 6, 2005 Page 7 I, ~ ' I. :- , , I' . , EXHmIT TO LETTER TO CITY OF TEMECULA , , ~ PREPARATION OF AN ENVIRONMENTAL IMPAcr REpORT , i The California En\.;.v.uuental Quality Act (CEQA) generally requires preparation of anEIR. when it can be fairly argued, based on substantial evidence, in light of the whole record, that a project may have a significant effect on the environment. (Cal.Code of Regs. T.itle 14, Division 6, Chapt. 3, Sect. 15064.) If substantial evidence of significant impacts is presented, the lead .agency must prepare an Em., even though it may be presented with other substantial evidence that a project would not have significant impacts. (Ibid.) 1. MND Not Annronriate For The Proiect CEQA Section 15070 (a) states that , I f . : I Decision to prepare a Mitigated Negative Declaration of CEQA requiru thaJ an MND may be prepared when the initial study shows that there Is no substantial evidence. in light of the whole record before the agency. that the project may have a significant effect on the environment. Section ISa-c of the City of Temecula Initial Study for this project indicates that the Traffic Impact Analysis has identified several roadways and intersections improvements that when implemented could result in a Level of Service (LOS) of D or better in the study area intersections. As stated in the Initial Study, a LOS of D or better mayor may not be achievable. However, the roadway intersections upon implementation of the mitigation measures may still have a significant effect on the environment. " " , ,. 2. Water 8unnlv Assessment Reauirement: , , ; The Project does not comply with the water supply assessment requirements of California Water Code section 10910(a). Sectionl0910(a) provides: Any city or county that determines that a project, as defined in Section 10912, is subject to the California Environmental Quality Act. . . unde,. Section 21080 of the Public ResOurces Code shall comply with this part. California Water Code section 10912(a)(2) further provides: RYl'l.I1l\SALV AOOJl.SAV.ZAR\690947.J P.08 . .,r.... '.:.1,;.. II, ,''f'l':t't ",.";(". ' 'A'\',,,: *' .' ~ ' ." ,,' '''''ll . .~.,'~M 4.d.,,)V~; . ..,.t", "':""1 'jtl,~" : '~:'>..~r.~.1 ""!I(.;r,1 .:.:~' :t.., , ,,' 'I~' It,,"" '.' \~ ,'" l~ . '~I', 4:~.'tt;f . ~. \.' tJ!l ". I. , , 'I.' ',.;.(','t , . ,'Il': '(tJ_ . " 't.i:- ..,I 'o, '1"\ .:,' : :\t;\t" . , ,. . \ \~ ::.f'l~ .. ~ ' ': . ;"'/. . ' 'l.t~'J!~ " "fl,' . ~ {.;.j'/" ". - .~\,... ~ ,. '::,r~l,l'':~ . " ~...,'~ : ). 1'\I~.', ;. ~;j:..~..t ~.' .. """'1 '::':"';'1 .',' "~'."~' - ......j.. . ,',':.,. ~f., " - : ..,'.:-:; l"~ t' ';?"~' . , ',,,'" "~I,'" :'II I, "')'~:JI ~ ':.' "'f{'f,;U . ",'''~'~!i ./II , , ,\"'... I-~ ....:\:1"<.. .1 , 'd '. ;:l! , ....,.'{,,:')I'.:I ," I '''i"~ ' .1, '- ~l' r " ".\,'J:t-. 4 . ll', ~.. ~.... ...:,:,)!~~~'~ ." ,<I:',.ll '. 'It ,"It ' " .:~~::.\", ,', ' ''''l:;1 , ....1..,,:>)~.. '~" ,~1.', ~.", , (~"':,o; ,''': ~ ,"\!'r..~ , /11";.1" , ': t{.1':~' . :'.,\/t:,..... {.' > ..''1'' '. . ...:'!'II.".,: . .' '1";'> '~,.. - :,~:~...,.. . .'~' 1 ,:' '.~, I ~ .\. ,'''. , ;,:. ?~;::e'~. , ......~:'l 'J, .J~""'." , "ili;l:~~ . . \' ",,"'l~- , ., 'c'...~' ,'..J. ,6,': . I;"";~~"I.;I ,.,.,,,,:,,,.t< _] > >,.,,,t..,, :Jj .,'.,:'.".. -; I ~ \.', '! . ',','~,,:,:' "~ .tt "':':i,7-~"''! '\~':,~~" , .i ,.,,' QJ . ~ ~ .:r:t"-~ . ',." . .1,";" ,~l if ".' ;k~ '3. , .""1"'" , '\,-3 ," "llll . '.,V, ~ I ,,' '~~ :,'; -iJ ,::\,.,(,(,. ., ........~l!1l ... . '~ ~.,t f~ 'j , "nj~l".t.. iii "'-\'1t.: ~ , '.'Ii,~~ . ,i' ? . , .... ~,~I~'-;:: .'(r~ -l~::.. Yl "1 "V', '"... . ,,',/"'11'" ," f "~ -' '.. ...'17, . . r" ;,\ '{, "":! .'..' '~t ":':'~:i : .. {'" ,I. . .c :.(',,,-; . > ~:.;,.\U ~,-.i , ~" I~:; ,r'-:',i ~ : >:;:, I:\,;",;;'f(~ .: RECEIVED: 4/ 6/05 2:04PM; ~>CITY OF TEMECULA; #814; PAGE 9 APR-06-2005 14:09 BEST.BEST KRIEGER 909 682 1832 I LAW OFPICES OF . BEST BEST lit KRIEGER LLP City ofTemecula, Planning Department April 6, 2005 Page 8 i' ~ \ , f, 1- l' ! t , ~ "Project" means ... A proposed . . . business establishment employing. . . having more than 500.000 square feet of floor space. (Emphasis added) According to the Initial Study, the Project proposes the construction of "....~"..;...ately 568.000 square feet of hospital and office commercia/land uses. Therefore, a water supply assessment should be prepared for the Project. The Initial Study notes that a ''will serve letter" will be submitted for the Project. However, such letters do not indicate whether there is sufficient water supply to meet the long-term needs of the Project. Only a water supply assessment can provide that infollllation. Additionally, the water supply assessment must be included in the ell\;'~_ental document. (Wat. Code, ~ 10911.) I ;. I :' 3. Mitil!ation Measures Must be Definite and Certain To Reduce the Imnacts i' I , I l I' I f " . , ( " I California courts have consistently held that studies cannot be deferred. Moreover, standards and criteria to be met in carrying out mitigation must be articulated at the time of project '"J:'l'w..al. (See generally, Sundstrom v. County ofMendonclno (1988) 202 Cal.App.3d 296, and Oro Fino Gold Mining Corp. v. County of EI Dorado (1990) 225 Cal. App.3d 872.) Several portions of the Initial Study indicate that future studies will be prepared to identify the mitigation m............that will reduce impacts to less than significant levels. However, the Initial Study does not identify the criteria or performance standards that these future studies must meet. For example, the Initial Study notes that future studies will be prepared on the following items: A. Page 2 Section I.d. This section refers to outdoor lighting and its impacts to the adjoining residential properties. The Initial Study proposed as a mitigation measure that a photometric plan be prepared in the future to determine the adequate lighting levels for the entire site. This photometric study must identify means to mitigate light. However, in the event the mitigation measures cannot mitigate the impacts identified it will be too late to redesign the project to reduce the impacts because the project would have been substantially completed. Page 2 Section l.d.e. This section is recommending, among other things, the installation of a solid wall with acoustic attenuation in on:ler to screen aesthetic impacts. This acoustic solid wall may have an even greater negative aesthetic impact than impacts it seeks to mitigate because the height and location of the solid wall could be as high as 10 or 15 feet in order to attenuate noise generated by the project. Page 9 Mitigation/Condition of '"J:'I"U /alletter J. This condition indicates that the applicant shall verify in writing that all earth moving equipment are properly tuned. However, the condition fails to indicate when and how often such verification should occur. Additionally, this condition indicates that the RVPUB'SALV AIlOR.SAU.ZAIl\690947.3 r P.09 REceIVED: 41 6/05 2:04PM; ->CITY OF TEMECULA; *814; PAGE 10 APR-06-2005 14:09 BEST, BEST KR IEGER 909 682 1832 , LAW OFl'lCES OF t BEST BEST lI. KRIEGER LLP . , , . t City ofTemecula, Planning Department , . ~, April 6, 2005 Page 9 ; ~1 " l' ;.. )' I, . , J i, . f. , .. :. ,I " . , , " , .' "l' Q t t ~. construction equipment should be deployed considering the lowest emission factor. This condition is vague and does not identify the ........_...:ate party that would decide what should be the lowest emission factor. \ . i ! D. Page 13. Section 4 ic. This section requires a focused survey to determine impacts to the Burrowing Owl. This study should be prepared prior to the ......'_ ,'a1 of the Project. However, in order to have a successful passive relocation the owls must have an area where to relocate. Therefore, we recommend that the focused study determine the areas where the owls would be relocated. Furthennore, Page 12, sections 4.a.c.d. This section incorrectly refers to the California Department of Fish and Game as the US Department of Fish and Game. Further, this section indicates that a focused survey following standard protocols shall be performed to determine the presence/absence of the Least Bells Vireo. This requirement defers the survey until after Project approval and is m...,...u...:ate because the Planning Commission andlor City Council will not be able to make an infonned decision concerning impacts to the Least Bell's Vireo. The City should prepare and EIR and consult with the Deparnnent of Fish and Game as required in State CEQA Guidelines section 15086. . .. , " ~ I' ; ,\ . " . 4. Analvtical Gans in the MND \ f Page S, section 2(0), This section states that "the proposed project could, because of its regional significant cause other agricultural farmland to be converted to a non-agricultural use." This impact is significant unless mitigation is identified. (See, e.g., Defend the Bay v. City of Irvine (2004) 119 CaI.App.4t11 1261.) There is no explanation for 1he conclusion that "the conversion of these lands to uses other than agricultural is not considered a result of the proposed project:' Page 7 Table 2. Vie are unclear as to whether the air quality analysis also considers emissions from helicopters? Page 14. The Initial Study fails to discuss whether ilie Project complies with S.B. 18. S,B 18 requires that, prior to the adoption or amendment of a general plan, the City must conduct consultations with Califomia Native American tribes for the purpose of preserving specified places, features, and objects that are located within the City's jurisdiction. Page 17, section 6(a)(vii). Mitigation measure vii should specific how the air quality impacts are reduced. l t i j ~ i' . ~ - ; '! Page 18, section 6(e). The Initial Study fails to specify which sewer system will be used for the Project. In addition, the Initial Study does not indicate the existing capacity of the sewer system. There is no analysis to support the conclusion that the current sewer system and waste ;"~..;"..ent facilities are adequate to acco~odate the Project. Page 19, section 7 (a), (b) and (c). This section indicates that the Project is not anticipated to emit RVPUBISALV ADOIUALAZAR'490947.~ P.10 ....J..,.! "\)'~'" ',' ~:\~ "1 1.1,"',i1ij. ""~'h' , ~~' .'" ""." '. t!,~' . r . .:~'\~tr,i.' "i-~ ~.~ " "'M "~ /",' .Of , " 'rl~ ' .\',; ":'i.r~" . , ',,,.,,-l . ~ ",I, ~C'... """::"~II' " \ :"I~''t-ti -~ " I ~ \ II' ,I'i , "', _.'~- '. '0'.\'';'1. ., :''1''('1'' .....\:;~I:' "-'l"" - ,'"lo.lr. \,I.',.. ,,_'1' '~ 1..\"'.;'. . .' I. "'f~' . _ \ '),~ .t~ ... " . '\~' 'L.~,' 'r' ""fie ..'.,.. "'~' . , "11':," 'J' "I....lll ~~ ',I?: .~. ,';r~ ~". " /:':'':'',..'1~ . . ',::.... ~,~ . ".t"t. .-: ;:':f~ .1.':....'- . '.. -.:~ - ", '.,'v'f: . , I, .,J",'" . " '..:'..~~.: - , :,",}.'1':" ?,.t',:i;. -. , ".1'1'.' ~ .~. .' ',\\'\f." :. \,'U::~ ',.I.:'~,:1:1 -_ '''\'''f' . ,.....4:',,: . ~. .!~~t"'jI~ -' ':':'".11,', ,~,t, 'l~~'~ .. ',,\ ~ - '.""1,1',, .~. ,~; '. .b~. .r ..' rl '\i . 1'~rt'l . ,~"I.,~~..,'~-- ',' ,'~'" . : l'~' y .' .' .\ ~,...' ~', . :~. . ! I~. - " ,,'" .~, i~' J ;". 'I'''''~\' l.,/",j,; . I.'" ~.' . . '1', I' ..',- '~. \'.t~ ~"" -"". ,', ~. ~~l~l.i . ,ti;.,....if.i- '.''''''1'1., ,iii: .".....'..'.1 ' , .'1,1.,... ~,'" ,\ .:'1: : I :~;l.~' . t . ~I'" ..1'!t.: . .~ ~ ':-"~1;- ',r, h"t " 1".,,, '''I :", :~I~' ":"'''~' " .. ,~....t . '.~::~!,,:; ':""I.r, .. ", :.....I\~ . . .',,~ \t ., , ': ''''4'\ ':1':' , ,'~ : 1~; , . r,.i : J~\ \.,"::'1:" ~' .""t<' , . ~::.;1IJ\t " '," ,1 ',"'('l- - , \' ':',~;":II ", : " ~..;,t - \,\". ': ";1" . :! ~':~n> l' ',"1,1", . ,.1.., " '. l~!'" ". " ~., .... ".:0"'}.;"1 . ""I/~r qr . . . <,:1, '.J 1-'....;.'1\/ .t'l."'!~:":N' , . "'1 ~ iSl) - . ' ,,.:";:.:. I: - ; ':...\'~,,:,/ L'(. "':t, ,;. t '1f.'\~t~~r.:, - .. , l t (. ~ . " , I , , . :.. ','I." " . 'J.,'. ':, I': , " ", :.~:' ~ '" AEC~IVED: 41 6/05 2:05PM; ->CITY OF TEMECULAi #814; PAGE 11 APR-I36-2005 14: 10 BEST.BEST KRIEGER 909 682 1832 f LAW.................,,;.... OF' f BEST' BEST & KRltGER " " " i r : UP City ofTemecula, Planning Department April 6, 2005 Page 10 , .. " . ! , " substantial emissions or have any impacts from the use of hazardous materials. However, the disc:ussion fails. to indicate what are substantial emissions or whether the storageJhandlingltransportation of hazardous materials is only for the hospital or whether the hospital would become a regional facility for the disposal/storage of hazardous materials. Additionally, the mitigation measure indicates that the applicant is required to submit to staff an approved hazardous materials storage/transportation plan. The analysis does not identifY which staff member is the responsible party and whether they are qualified to make this determination. Page 24, section 9(b). This section indicates that the proposed Project is consistent with the General Plan because the site is designated for such uses as hospital and medical offices. However, the analysis does not address the fact that the t"~I'~.ed project is 300% larger than the hospital and medical facilities that are pennitted under the current land use and zoning designation. This analysis is inconsistent with the with the City's adopted and Draft General PIan. I, " r . . 1, . !: . Goal I of the current and Draft General Plan states that the City wants a complete and inte~.....,J mix of residential, commercial. . .land uses. The Policy, which is the implementing mechanism for this goal, requires the City to review all proposed development plans for consistency with the community goals, policies and implementation programs of the City's General Plan. Further, 1able 2-9 which is the mechanism that guides the policy, currently notes that to achieve compatible/complementary commercial and residential uses all projects in this area shall be limited in height to one or two stories to be w"'I'"Jole with the existing Ranch Style residential projects in the area. Deleting the height restriction under Table 2-9 docs not make the project consistent with this General Plan policy. I \ .. I , t. ~ I Page 26, section 11 Noise generally. This section indicates' that noise will not be an issue because the State Highway ronns a separation barrier between the Project site and the residences to the south. However, the analysis does not indicate how the impacts to the residential properties to the north would be mitigated. Page 37, section 16(1). There is insufficient information to support the conclusion that the Project will have a less than significant impact. The Initial Study does not identifY where fill and construction materials will be disposed of, or which landfill will construction material be taken to. The Initial Study does not identify the disposing landfill's current capacity or the Project's anticipated capacity during construction and operation. Regarding the disposal the Initial Study does not identifY the routes that will be used to transport the material. To the extent these trucks pass any residential areas, noise and air quality impacts will be significant. " " " i f' i ~ RVPUBISALV AOOR.SALAZAll\690~7.3 I ': P.!! '" '" , ..,~, ',' ~.,t'.... : :', \0'\";',1 ~ .' ',u,' \ ""I ., ,,). '.... , tz,,1,, ~ ' ':'~t . '~1: ,/',. ..:. ;' '/. ~'!oJ .,,' ~,. i '. . "" \'f~l , '1> l~ .~' tl'';l''Jl.,lr , ',\ 'i~ I!f. ~ ,"o I'...::i ,"~':".~I'r ~ ,I.,t..,.::oj . '.~z...:~,t.. ~ ,n,." ~.\:,!' -ii '''I'"," - ',',t: "~: .. .I,,'p' :!lJ , .' ~"~';'tl . , ", 1"''1: ,; . t . ,- :i':V~,i.\\<j .~t~.lh:I~~ ~, ,u, ~ , , \',...1, "i , ',I, .' , r : '.1,1 .j .,' ',,,,: it . , .",. . I" . . . ."f, l \'IJ~ - " I"" ~ 'I. h.d . ,,.3, .:It \ 1 ,.,~ ':, 1':....t::::il "~i' ,:,,~f,r.' - ',' ",,'.l~':~'f: ~ , ";~' '/:~,l:', ~ "I., ,\ot ~ . ' .\r'd,.t~' .4 '" :':I:~'J!~ ~f":' ~ ,';', . "o'l3. . ,\' c.., , "'"1\\\ ""1' . ,'\,''fH~ /):;.,'1...., 1 /',..l""-J. '. . ....~~..,f,I,., " . '"t ,.,.;~ . '!:7'H''')~''':' I, '.\'''1 .1....'. .. 'hi. AEC~XVED: 41 6/05 2:09PM; ->CXTY OF TEMECULA; #815; PAGE 2 04/06/2005 14:07 FAX 7609180638 US FISH AND WILDLIFE ~ 002/003 United States Department of the Interior FISH AND Wll.DLIFE SERVICE Ecological Services Carlsbad Fish and Wildlife Office 6010 Hidderi Valley Road Carl.bad, California 92009 '~.. ~ In Reply Refer To: FWS-WRN-4430.1 APR 0 6 2005 ' Dan Long Associate Planner City of Temecula P.O. Box 9033 Temecula, California 92589-9033 Re: Notice of Intent to Adopt a Mitigated Negative Declaration for Temecula RegionaJ Hospital, General Plan Amendment! Zone Change P A04-0462, Development Plan! Conditional Use Permit P A04-0463, Tentative Parcel Map 32468, City of Temecula, Riverside County, California Dear Mr. LOng: e We have reviewed the information provided in the above-reference Mitigated Negative Declaration (MND) that we received on March 4, 2005. Implementation of the proposed project would result in the development of approximately 35.31 acres into 565,260 square feet of hospitaJ, medicaJ offices, cancer center, and fitness center. The proposed project site is located north of Highway 79, south of De Portola Road, and approximately 700 feet west of Margarita Road, within the City of Temecula, Riverside County, Caiifornia. We offer the following comments pursuant to the Endangered Species Act of 1973 (Act), as amended (16 ueS.C. 1531 et seq.), and in keeping with our agency's mission to work "with others to conserve, protect, and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people." On June 22, 2004, we issued a section lO(a)(I)(B) pennit for the WestemRiverside County Multiple Species Habitat Conservation Plan (MSHCP). The MSHCP establishes a multiple species conservation program to minimize and mitigate babitat loss and the incidental take of covered species in association with activities covered wider the permit. We are providing the following comments to assist you in your preparation of an MSHCP consistency finding and adoption of a finaJ MND for the proposed project. e Although the proposed project site is not located within ,the MSHCP Criteria Area, other MSHCP policies and procedures are applicable to the t'<vt'v.ed project. Specifically, these include the Protection of Species Associated with RiparianlRiverinJ Areas and Vernal Pools policy (MSHCP section 6.1.2 pp 6-20) and the AdditionaJ Survey Needs ,and Procedures (MSHCP section 6.3.2, figure 6-4). i TAKE PRIDE.~ INAMERICA~ RECEIVED: 41 6/05 2:09PM; ->CITY OF TEMECULA; *815; PAGE 3 04/06/2005 14:07 FAX 7609180638 US FISH AND WILDLIFE JaJ 003/003 Dan Long (FWS-WRN-4430.1) , The initial study states that the proposed project site co*tains riparian and riverine habitat that will be disturbed by the proposed action. However, the:MND does not address how the proposed project will comply with the MSHCP Protection of Spebies Associated with Riparian! Riverine Areas and Vernal Pools policy (MSHCP section 6.1.2).: We recommend that the applicant submit a Determination of Biologically Equivalent or SiJperior Preservation as described in section 6.1.2 of the MSHCP (pages 6-24 and 25) for retiewby the City and the Wildlife Agencies for unavoidable losses of riparian habitat due !o bridge construction. The ...w...u.ed project site is located within the Burrowillg Owl Survey Area (MSHCP section 6.3.2, figure 6-4). The initial study states that grassland,habitat wbich is potentially suitable for burrowing owl (Athene cunicularia hypugaea) occurs 0'1 the proposed project site and focused pre-construction clearance surveys for this species shall be conducted one month prior to the initiation of ground disturbing activities. The initial stt,dy further states that if burrowing owls are found during clearance surveys, they will be relocatp.d. However, MSHCP species-specific objective # 5 for the burrowing owl requires that focuse :I surveys to determine the ...........00 of burrowing owls be conducted as part of the project revi :w process and that the locations of this species (determined as a result of survey efforts) be conrerved in accordance with procedures further described under this objective (MSHCP Volum~,II, pp B-65). (please note that focused surveys are required to determine burrowing owl pres~C?C and address consistency with the Additional Survey Needs and Procedures. and the speci9~-specific objectives; whereas, pre- construction clearance surveys are intended to prevent <firect mortality of owls.) I, I We recommend that a more thorough habitat assessmer t be conducted to determine whether potential habitat is indeed suitable for the burrowing 0\11. H it is determined that suitable habitat occurs on the site, focused surveys for burrowing owl \1 III need to be conducted according to California Department of Fish and Game accepted prot( eols and the results addressed in accordance with the MSHCP species-specific objectiver Depending on the results of the survey, t!J.e ...........sed project may need to in~...........;... onsite cOlfervation measures for the burrowing owl consistent with species-specific objective #5. The~fore, we recommend that surveys be conducted prior to project .........u ,aI. , i We recommend that the aforementioned MSHcP CODsi~fencY issues be fully addressed prior to the City of Temecula's adoption of the MND or approvIU of the project. We appreciate the opportunity to comment on the subject MND. H you h2 (te any questions or comments regarding this letter, please contact Heather Reading of this office ~t (760) 431.9440, extension 357. Sincen ly, {)~lJfJ~' t / V""" Karen \. Goebel co: 0 Assistart Field Supervisor Leslie MacNair, California Department ofFish and G~b, Ontario, CA 2 . . . ,< OffIcers 2004-2005 President, Larry Markham Vice President, Neal Ziff SecretarylTreasurer, Rebecca Weersing Architectural & Environmental Control, Don Stowe P.O,\ Phone (951) " ,omeq~~~rs Associat~@': r: . \-D\f: If: \~\ ,-- \\." 593' , APR 0 6 2005 , " otmail.com\ '_~ ,@= .-~ \ 'I _. __.------- ~-_. - . Dlrectom 2004-2005 Jeffrey Tomaszewski Dee Messing Kathleen Stowe Ray Bennett April 5, 2005 Dan Long, Associate Planner City ofTemecula Planning Dept Temecula, CA 92589 CC: All Members, City of Temecula Planning Commission The ... .....ed hospital project has proved to be a moving target with respect to ongoing reviews by our association. In our initial meetings with hospital representatives, including an association sponsored community meeting, those representing the hospital made it very clear that one of their priorities was to address concerns of homeowners within our community with regards to any ....~:.ed negative impact that might be caused by the hospital project. While many residents of the Los Ranchitos community questioned the proposed location of the hospital, they also appreciated the advantages of having an acute care hospital located in Temecula. Based on the commitment of the hospital group to worl< with our local residents, many retained an objective attitude as discussions continued. . The ...:......; responsibillty of the Los Ranchitos Homeowners board of directors is to monitor and protect I'.o..~,':es located within our association boundaries. To this end, our preliminary efforts were concentrated on the potential impact of this project on the Los Ranchitos parcels that were purchased by the hospital group for inclusion in the project, additional ,,'O,,'H:es adjacent to or near the project, and any changes in traffic that would impact our community, In our original meetings with the hospital representatives, as well as early discussions with .~..."""u"":ves from the Planning Commission, the plans presented and subjects discussed reflected the following positive results: 1. The use of Los Ranchitos parcels purchased for use by the proposed hospital consisted ofa green belt, walking paths and single story structures to be used for -.Ji... rehabilitation. We felt this was an acceptable use of these parcels, subject to the required association approval of an amendment to existing Los Ranchitos CC&R's, 2. Hospital representatives agreed that is was "rr- "r-:ate to buffer adjacent properties by creating raised landscaped berms along the west and north boundaries of the hospital site, including the extensive use of _""~. trees. This effot'\ would contribute to the preservation of the rural atmosphere of our ..~.....::/. They further agreed that this landscaping worl< would be done at the outset of the project. Additionally, the hospital representatives agreed to provide the continuation of existing equestrian tratls along the west and north boundaries of their project. 3. Based on the hospital plans originally submitted, the only traffic access to the hospital were two entrances on Highway 79, We felt this would resu1t in minimal traffic and noise impact to the Los Ranchitos community. 4. In subsequent meetings with the hospital group and city planners, there was agreement on the value of providing an additional access to the hospital property by extending Dartola Rd, which would facilitate traffic .......o...hing the hospital from Margarita, thus reducing traffic on Highway 79 and providing an emergency .~_~... in the unlikely event that 79 was blocked due to an major accident With regards to the proposed 5 and 6 story buildings to be located on property outside the boundaries of Los Ranchitos, residents of Los Ranchitos ~^t'....w concerns regarding these high rise structures. However, based on the 45 foot height limitation in the General Plan, and the Planning Commission's historical record of .......:..., excepti,9ns to this limit (Le. . rejection of the four level parking structure originally submitted by the Rancho C """.,.',", Church for its new project . . located on Highway 79 just a few hundred yards from the ..._.._,ed hospital), we felt the Planning Commission would reduce the height of these buildings to a reasonable level. . Since these early meetings, the following negative elements have developed, which have alienated local residents who were inclined to wort< with the hospital group and city pI~_.. to see if their concerns could be mitigated: I. The city has demanded access to the hospital ..' _,._n} from De PortoIa, which will cause a significant increase in traffic, noise and safety hazards on Ynez, De Portola and Pio Pico. This negative impact will affect the residents of Los Ranchitos, Santiago Estates and Santiago Ranchos. 2. The Planning Commission has initiated no action to reduce the height of ..._.._.:<1 buildings, which we believe would result in the tallest structures in the city of Temecula. The height of these buildings would have an extremely negative impact on the existing view of all residents near the proposed project, and change the prevailing rural atmosphere to that of a high rise commercial en ':. . _,ent. 3. The hospital group and city have indicated !hat they will require Dartola access only if and when the second phase of the project is undertaken. Despite the fact that this access would provide an alternative to Highway 79 access, the city continues to demand access from De Portola, and Mr. PaIks was recently quoted as saying that if the hospital project is approved, the developer will be required to widen De Portola in front of the hospital site. There is no specific time fiame for establishing this critical Dartola access point, and the negative traffic :....,..4.:., to our community without this access point would be significant. Additionally, the traffic patterns established without the Dartola access would likely continue even after it was opened, if and when the second phase of the hospital project was completed. Based on the transition from a...,::':, e attitude of c.", ...,jse to the city's _...."-,,_; rigid position with regards to many of the negative aspects of the ,." ..ed project, the Los Ranchitos Homeowners Association felt compelled to make an in depth review of the environmental study undertaken for the proposed hospital project. Our review has raised some very serious concerns about deficiencies in the city's environmental study, and a summary of our findings is attached for your review. We 1rust that you will give serious consideration to the elements addressed in this study, and we look f", ,,~.; to your response. In conclusion, many residents of our c .",,,, ,... ity feel it would be more ......_...:ate to have the proposed hospital located in . an area not adjacent to one of the city's only remaining rural equestrian communities. However, we welcome the .r..Oo ",,';; to meet with the members of the hospital group and city planning personnel to explore potential changes that might make this project mutually acceptable at the proposed location. R_~;dYi ~we Director, Los Ranchitos Homeowners Association Enel. . . . . Aprl13,2005 Mr. Dan long, Ass. .,"-:.. Planner CIty of TemecuJa, Planning Department P. O. Box 9033 temecula, CA 92589-9033 The City of T~.". .JIa prepared and cln:ulated an Initial Study and. proposed NegatIve Declaration for the Universal HeaIthSelVlces " .".' . ,. II to .. "I... tCt a new 1/2 million + square foot hospitaL The site Is located north of Hi ~. I ".' 7950uth and south of De Portola Road,Just west of Margarita Road. ThIS IS a dew/op/ng area with limited retail commercial and p. .: """":_1 office uses, bounded on the north of De Portola Road by high quality, Jow~.,;jl)' residential 115eS. The referenced residential area IS one of the older established ,~J. ~ . . Ilal . . IIRIties In the CIty of T' .,. .., Co, . and tills comment letter Is being sutlmitted on IleIlaIf of the Los Ranchltos Home Owners Association (lRHOA). Based on the current desIcn and the levef of Intrusion that the,. '. \. "., d ho&pitaJ C ,,,......... on our eJlisllng residential communltJ_ LRHOA II, ",'~, ...,.." lIS the cunenl cJesJgn of this hospitaL The comments provided below demonstrate that an r:~ '., . mental Impact Report (EIR) is required before the City of Temecula can consider this ," ,.:, .1, and the LRHOA ,,' "i~,/ believes thatsudl an tlR is required because a detailed evaklatlon of all. . .;;!es, Indudlng allematiYe locations and altematfve designs is required to address unavoidable significant adver&e.. .'. mental eff~ from ilnPJementIngthe p,." ,;~d project. Detailed c:omments on speclfac sections of the InitialStudy are provided below, but there is one fatal flaw thel pervlldes this dOcumenl. In many sections, the analysls and su ,..."., ,:~ ,Ion In the Initial Study IeIy upon findings In the r "'" _JIa General Plan BR. 1ben! are two reasons wily this Is a fatalllaw for the . .'... . ~ . J '-PItal proje(;L FiIst and most ... ",;,i. lIS, this project In..,, ",,:esaGeneralPlanA ,., ..llanclZoneChange. ItIs~thatthlS., I;, .tls a radical InIeflslf .;,.' \,' of land use at the IlI"Ojecl site. As a result, none of the data In the General Plan SR can be reIfed upon 10 substantiate lheffndings In this Initial St1Idy because the adoptedGener81 Plan EIR does notlndude the " ". " ".Ild land use as part of ltsevaJuatlon. Therefore. all findings lhalclle the General Plan SR analysis have no factual basis of support and must be evaluated on the ".' ,~. projed's 1r1, .,., ,ent merits, Indudlng potential Impacts of the proposed CL , ,,,,I Plan A. , ,.".1Il and Zone Change. Second, and equallyim,. ...1, the Initial studJpt", , ~." to rely upon a 12-15 year old General Plan ElR. This ElR was certified In j,993. and much of the data were deYeIoped prior to this . date. When citing a previous ElR, the City must co .. \ with the requirements in Section 1.6j,62 of the State CEQA GuIdelines. Sec:tIoIl15162 of the State CEQA Guidelines states: (a) When an ElRhas been .....8"...,OI'a. ,...i ,decIatatfonadoptedtofaptD.Ject. nost.~."".rent EJR $haN be prepared for lhat project unless Ih8t Ieed agency detennlnes. 011 fire basis of substantial evideno& In the l/gIIt of tile whole record, one or more of the following: a. Substantial changes are " ",,' ,_" J In tIJe projec:t which wIU require m;Vor reW5Jons of the previou$ EIR 01' Negaff1te DeelsratJon due to tile InvoIII8ment of new sIgnItIcant _ . ,: ... """." f etreds 01' a substantfal L _, '...->8 in the seWlrity of prerioU$Iy Idt...tified significant effects; b. Substantial cIrantes occur with. '........1 to tile ci/'Cl", . ....~." ". ,.... under which the " ,.I"., is IIIICIerl8Ifen whk:h will require major revisions of the ." "I' ,lIS ErR or IVt.jfafh.J DecIatatlon due to the inVOIMtmeIIt of new significant emfronmentaf ..ffe.b 01' a su6stantiall....,,_,.~.. In the _rlty of ,"" .:.JSIy identified s1gn111cant effeds; 01' Co New', . . L ".., ,-lJIIofsubslantiaJimporlance, which was notlmownand could not halle beeIIlmown with the eICeI'CIse of I'8S$OfUIbIfj dmgence at the time the previous DR was .....liIlI#fI as complete 01' fire ~I,,;,,~" , Deda,atlon was ..., "I"'" J. ahoMIs any of the following: a. The proJect will haW one ormore~nt ,If.. j"", not discussed in the ~U5ErROI'NegativeDecla.".~'. ., . b. Signifkanteffects" .,. ...,JJSIy..... ,,;. ":wi1lbesu~.J_",,Ja/lymore.., ,; than shown In the previous ElR; Co A.IUWouOn m~PV'IVS 01' attematiwes prerioU$Iy found not to be feasible woutd In fact be feasible, and would subsbJntlafly reduce one 01' more SIg/I, :'" ", L,':i. .:.., of the project. bur the ptqject" 'j" rIeIJts decline to adopt the mitigation measure or alternatlws; or d. lIif,];!, . Ii,. ... .' 1e'llS 01' &11., .. "I,' _".. i\ lI5Iy whfcIJ are COfISIderably dJffetefIt li'om hose an~ In the ,.. , i\ lIS EJR would lSUbstantlally reduce OI/e or more slgnlflcant efi'ectI on the etMronment, bUt the ." ,]\.t proponents declIne to adopt tile mntgaffon I, ......J'e or alfllmafllle. 2 . . . . It should be obvious that dramatic changes in the background conditions ha~ changed for almostalltheenvlronmentall!lsu." ,,'lIedlntheEnviron '" I Checklist Form. However, the Initial Study doesllOt provide JHJ3! detailed d:"'w-dn of the changes that have occurred over tile InterVening 12 year . , '~. . since the General Plan E1R was certified. Relying on 12 year old data Isa "..:' flaw In the project's initial StudyjNegatlve Declaration ~ such data are either clearly different In 2005, or require an analysis In the E1R to demonstrate that such 12-15 year old data can be relied upon as "adequate" substantiation for findings In the Initial Study, Ignoring the following described inadeql ",.f .....' in this Initial Study, these two flaws In the Initial Study clearly demonstrate that at a minimum the Initial Study needs to be rewritten lInd recirculated or, more reasonably, needs to be rewritten and an E1R, with possible focus on certain Issues, must be prepared. llowever, It Is the LRHOA's position, that a :1,12 mlllion+ square foolllospital should be examined as part of a fun scope E1R because of the elttent of Impacts that this project wHI have on the local neighborhood and tile City as a whole. SDedflc Commenls on the Initial study The following comments are focused on specific . ..",.~ and Issues as presented In the Initial Study. fllte 1.. r~ ~-":...d!n: This project (j.... ". tion, like much of the analysis, does not provide any desc:r/ptlon of the hospitals operations or construction activities. For example, how many patients may visit this faclIIty each day on average. How many of the patients will arrive dally In ambulances? How mllny em" j,. '" ,... will work at this hospItaJ and how many will be onsIte durfngeac:hshlft,assumingthatthishospitaht.'ft ".'''' :,.24-hoursperday? Does the hospital have emergency generators that will require onslte storage of fuel? If so, how mucll fuel and where and what Idnd of storage sy$tem Is. ".' ,..ed? What will be 00/18 with .. "."" inated medical wastes generated by the hospital? WID this hazardous material be transported through our neighborhood orwDI it be In .;I "",:1 Were emisslonsfrom an Incineratororthe emergency generators provided in the Initial Study, we dld not see these data? Will there be a wastewater pre~ "": '. ..IIt unit on the hospital site? If so, where? Asyouc:ansee from these questions, the projec:t description contained In tha InitiaiStudydoes not provIdeanyofthe _.., ,:laldata requlredtornakea comprehensive Impact forecast based on substantial ewldence. There are poobatlly 60 more questions that need to be address, rangln,~ '.".. adcquac:y of utilities cunently avallableatthe projectslte(foreumpleadequDCy of the exIstIngwatersupply In:',,~" ".', Ire and adeqUllC)' otwater pressure In theeJlistlngwater 11_ to support fire fighting requirements for a 106-toot high structure when the a~OYed ~ Plan allows buildings of only 45 feet) to h" - . .', let """ .1,,;', ,.. to the hospital and hazards this may ~ to Sla'roUndlng land uses from an accident. The project description Is 3 clearly InadeqUate to meet the requ- .". " .,; outlined in Section 15124(d) of the State CEQA Guidelines, which states: A general.",.... :)tlon of the ptOject's cedrllloal, ... , .,.. Jo, and etWitoIJ ,..".. I ~_.W..... CXHJSIdetf"g the principal engl, .... Oi ,g propoSals if ilny ami . suptlOftlng public sewice facIJ1tJe$. The project d......~(...~ utlfazed In the Initial Study does not meet this minimum requf '''' . ., t and Is clearly Inadequate. SImilarly, the Initial Study .. ,,"118 no information regarding the construction of this project. What equfpment Will be required onslle during the different phases of project construction? WIll pile driwlng be required for the foundations? How Jongwlll c:onstructlon last? How many construction,., , ',. "'. . ,." will be requlnld at any given t1me.? How many trucks wID be required todellverequlpmeiltand matedal to the pi oject site? A .." ..~...l . constnIctIon scenario must be l/>eIo'ded In the, . j . .. d ,_.. , , lion for 8 project of this complexJty to ensure that all ..' ". :,.11 ",.,,:", are identified and to "'1" rtthelmpactf....,..:..foraUofthell6ueslnthe EnvlronmentaJ ct.....hlst Fonn. The fundamental purpoSe of the california EnvIronmental QuaIty Ad (CEQA) Is to ,- '.. decIslorHnakets the ~ pubUc and the general public. The cunent Initial Study woefully falls to meet this simple test of CEQA compliance. Palfe 3. AesItI8tk:so. The teld: dlsal5sJon In this....:..: .., . ~. ... 1$ to be playing with WOfds In an effort to avoid ackn. I.., ,~ingthe.. [" ....... effect on the_Ie VISta from 0... hOmeS alOng De Portola. The text flISt states the project Is not J.. ...~..4 near a scenic YIsta.. this is a false ..taMt.leIlt as acknowledged later In the dIsct,"'o'l "these views are private", There Is no distI .:, InCEQA be, "" publlcand " - " "YIeWS. Blbera_lcvlsla exiStS or It dOeS not. The text , . ., .. Jges tII8t views to the south from the exIsIIng ., Ii. I dICeS wID be" ,.eo..1y impacted. This Yiew Is a _Ious scenic: VISta of Palomar Mountain and the complex L " "". ,hytotheSOUth. 1heI1Ilf-.thelllllllyslslnlhlSsectIonlsslmplynottrue. Scenlcvlews will be r. ". .,.ld. The 1.06footstruc:ture wID totally alterthe-*VleWto the south for most of the residences lOcated to the north. FwthennoIe, YieW$ from the south to the pastoral C,...L.,~ ,lnournelgh,. '" .willaIsobetotallyaltered. AstheprojectlsCl .'.OI', ~'.'... ....J, there wlU lnevftably bea"Sl ~~:. ." .lfal adverse effect on a sc:enlc vista", This Is undeniable and the City should not attempt to bide SUdl an obYiousimpact beIIlndratioll" :\.,. : . ",tbatarenot supported by fact. . The fact that _Ilomes _ .. ,.' at higIlerlhan the blIseofthe ,.... ~" I does not mitigate the Impad of this massive stnIc:tures and installation of landscaping wID not hide nor I, '. ,_.. ,...,. the buIldingS effect on scenic wIstas. It would take 150 feet tall ., ..,.. planted like a forest to hide this structure ancl &en"aI hundred yea.. for them to read18UCh beIght. To .' . ", , " addreSs the ,.',.. IiaI -i '.'.'" on scenic: vistas aad Ylsual dearactation of our ne/IhbOrhOOcf, the CIty must.,. ."...'. Ylsual simulations fnIm pertinent YIews In our .rea. ThIs wIB propedJ chara.:tedZl&lhe Is!ue. but it Is our position that the ~'s Impact on scenic YIstas ancl .....:. resources wII be ullllYOidable and slglllflcant, as there Is no real way to mitigate this structure's e.rreds on our eJdstIng scenic views. 4 . . . . Pa.... 4. &- We have some.., .,.. ." regarding the hospital lighting, both because of local vtsual degradation and possible confIIcla With Palomar. In the InlUal Study It IS stated that-... ofllle Clty's conditions may be supercecled by the State "",' :Jngboth engineering anddeslgn IssUes. this...:...... thequ .~ :', regardlngwhetllertheStete may requIre more and diffinent I1ghting than the CIty or COUnty would ellow under (l, .'., ce 656. this issue needs to be clerlfled, Rke &0 many other Issues. For example, mitigation measure b. requlJeS future submittal of a "photometric plan, Including evaluaUon of helicopter and embulance lighting reql /. ,... '",.J. However, there 1& no .' .' ';, .. "" . .. standard established for this f8cIIty, SO this '" .' Jre actually defers mltlgt.lIun to the future. this Is not " . _. _. ~, We under CEQA because the ~Ion mTasures. ,,""'" esmay have al".. .".. \ ,..lsthat need to be .".l~ared by l , . :.. ". " kets and the public.. The p' .". . '" ". plan must be submitted end evaluated as part of tile Initial Study before tile NegatIve DecI"... ,:, II Is adopted, or a set of spedfIc, , .", . _stendardsestabllslled by the City to assure that noadverselmpectWilI_, as claimed In this analysis;. PuB 5. Al!riculture: Two Issue$ under this secIIon ere of .... .. .., to us. Arst, tile telct $lates that the property Is not considered "prime" farmland_ However, no attempt appears to have been made to de,. ;" whether the solis are considered to be prime agrIculturel solis. The point Is these solis have been productive for agriculture purposes In the pest. and part of the r,. . . ,'1m ".,,1 by the decIston-makers Is to undo ,.~,,,d the possible Io8s of prime agrfcu/tura18OHs/land. ThIs doc:ument,~ ,',_. the Issue.. The second Issue of c:oncem Is confusion ..' ,.. "J by text uncler2.c. Pleaseexp/llln how "a fIIp1d period of~ precluded tile II .. ,~. J project.. TIlls does not make sense. What Is meant by ibis sentence? fI8 6_ AIr Ouallhr, The air quality analysis for this project Indicates that it will result In a project specifJc end cumu/atlYely signltlcant unavoidable air quality Impact. The Inltlal stuCIy attempbito utilIZe the General Plan BR as the basis for concluding that it Is ok to" ,'.' , ., this project based on a "'";1' ,1 en, .~",.~: "'.. Thislsagraveenor. First, as the City Is aware, thIs projectlncludesa~P/an amendment, which means that the potentIallmll8ClS_ not ack:.".~,..J In the Genelllll Plan 8ft. Second, there Is no effort to dIscuSs the dIC.. '"., ,. In emissions" .'... ;" ~,Jwiththis", 'I,' ....lld proJec:t. Third, there Is no evaluation of the cbange in emissions within the City, Induding , . " .: II lOCalized air quality Impacts, relative to the f.. ........l contained In the GenenII PIa.. 8R. As a result, the data In tills section 1& . ,,,. ,..' flaw8dandf ,.",....I8t8. TllerearealsoOll!lllestat'" " , source ..\.,.:\J1Stbetmayhftebeen ... ... J by the air quality evaluation. 1be air quality report IndiCateS S/lP'Iftcance. and tIIere Is more than a fair 8flP ..... " "thatthe Implementation of this project has a , ,.. 1Iel to cause sJgn/flcant, unavoidable 8l;Iver$e air quality Impacts. -- 12 and 13. RiftklUJi......~ The biology ". ",. t anaJysis Is fraught with &0 many ertOIS that It Is hard to Jcn_.m.e to start. First, sulVeyll for en(" . 1;,1' ,J species ~. .. , , be defemld. Eilherthe~.. ..1.... are there or they are not. SUch stuclJes cannot be defem!d until s sometime after the protect is approved. second, the dillc:lmion at the top of page 13, the aDIIJrsls tgnores the 1_ of 1Iabitat. TIle WOfdIng selected In this analysis atlempls to play down the riparian values on the site but they cannot be Ignored. Further, there Is no consistency analysis relative to the riparian habitat which Is required as part of the Clty's commitments comply with the Multiple Species Habitat C , '.'" .'atIon Plan (MSHCP). The text under 4.b-e actually 4"_';''''dk:ts the previous cIIscuseIon end the mitigation required relative to riparian habitat on the project sIte_ As noted. future studies are required, a total failure to present data to the public and declslon-makers. ~n measures a, b, C, f and g defer mJtIcetIon to the future which ill h,...~_ bible. The aty must define What Is acceptable mitigation from It's perspective now. not later. T1lls allow& the public and de "\,~. makere to determine whether the mitigation Is sufficient to Offset the Impacts.. e Palfe1A GeoloCYandSolls: One ofthedH 5 lcf8iluresof envlro . ..1aldoc:umentslsafallure to evaluate the potentIaIlmpads of mIllgation measures that wi. be' '..' ,.., ,) by a projectto achieve a less thanslgnlflcant environmentill:, ;,' .1. The text cf'V'-es and Jef....~......the l.I',,;"':, 1C8111'.., ~'" .:.." ......... ..Lled wfth the project and identifies I ".. ",Ungthese measures as a condition of " " .'.'. ,; I (M 5111ure a.). HowiP'er, consistent with the rest of the analysis, the' Initial Study does not evaluate the Impacts from Implementing these measures. A classic example would be a requirement for pile driving to provide the building with sufficient protection against earthquakes. Another is over excavation which results In a longer period of... ...~.lCtionnolseand~tugitiwedustenf"u~. -'. ,"-, ". ,r.d', " ,1sare',~.. ,_1 and the aty must consider them before approving this project. These Impacts must be evaluated. Pal!e 2.7 _SolI EnlUm; Without anyanaJyslsor .,.; ,. ,., ., to specific standards, the Initial Study . concludes "Tbe project wII not resutt in substaI.llal soli erosion or loss of topsoD. There Is nOt definition of the, type of ,..:.11 control measures or their potential effectl\ ~."....... No discussion of aty standards, end as far as we undlll5t8nd, there are not NPDES (, ".". :... .1~ the standard of com,,, 1.... Is that establlshecl by the San Diego Regional water Quality ContIoI Board. There is no discussion of the Roald'. construction and post." ",; JCtIon (occupancy) standards and the abiIlt)' of the best man',;I' ,M prac;tk:e$ to meet these ..", ,\, ~~. The analysis of this Issue Is .:: _" "~,,I flawed and ineffective. PaM 1.9_ H..,...,";"" 1bIs paJe contains the statement "the 8.. ",- ,,' .Is required to submit to lIIaff anapploved hazardousmaterlal storage and transportatlon plaD-" Theatycannotdefer kk1l11r,:..gand evaIU8tIngthe hazardous materials. tr; '.,. rtand waste Issues. ...... .io,.:',,; with the hospIt.aI, both construcIion and _..tIOl1S. There ere resU" ., ,., directly '. ;~" . ,_,tto the hospftaIthat have a right, no must haYe, these data to protect themselves. We do not have I., '4' ,:. lIS waste deIiYeffeS In our neigh, ., . .1 at present. TIlls project will bring these ,,'''., 'Ills, albeit In a ",.' "'; ~.., _ner, Into our neigtlllorhood. We must know what lh_ materiels ate; we must I j,. ~'" II '-the hospII8l plans to manece U- material; and we 6 . . must knowhowto,,; , 1;..1" I ~J ". ifan,; .i~.. ,.occurs.. The CIty appears to be Ignoring the Imposition that allowing this hospital Into our neighborhood will create for ,,::.< I, 1 ,; residents, either because the CIty trusts the h.....C...1 or 1I.;....~a It does not care for residents and "" ...Ire to theSe new c.........:DUS materials. The CIty Is required to pnwfde a list of the cI1 . ' ,: ..18 U5ed and other hezanIous activities that may be allow8d into our community; and the CIty must evaluate thelmpacls and public health risks from these c:' '. " .. Is. The CIty should be asha.ned of Ignoringthis c:ritlcaIlssue andfaRlngto giveour neighborhood residents sufflc:lent " '. IItIon to unci _ ~~, ~ this Issue; prepare comments on those Issues that cause e major ., ' . _ . and ensure that we are. .." red to deal With ~ents that may , ' .', ,.. our health. The CIty failed both CEQA and Its exiStIng residents with the c:ryptk: evaluation .... ,- . IIn the Initial Study. This is s c:ritIcaf. . ..... ,.II issue for whk:h the neighborhood resldentsctemand an adequatedata baseJorlhe CIty Council and ourselves to make Informed decisions. PaM20_ "-nkThecom .. ...' regardlngevac:uation routesand w". ";9111:y response plans I.J. ,,' .., the nature of the propDsed project. 11Ie irony IS that with a [ ,.~ :~,.1 nearbY. dealing with _ .. 111. ' .Jes c:oulet be easier. The n ..".;,.- .. side of this iSsUe Is that the hll5pital will be akeycom.. ., tofsny, _ l~llIICyresponseplanintheCity. Theadjac:entresldentscleserve tOL~..",.:tandhowtheCity'se .. ,;/_ ,cy'....... ,,~~planwlllbererisedandexactlywhatlOle the proposed hospital wm play In this rewised response p1an_ By definition en e" _ I;/.ncy , """ .', ; ,.,. plan inVotJeS the movement of " .. ; . I' J to a hospital fcIr treatment. What c;an we anlldpate? Could there be dn:umstances where we c:ould not 8(( e Sf our homes. such as In a majorearthqu8ke as a result of ..' "lIlI1gaH.........routestothehospltaL Thlslnfomtatlon Is required to unci "' .~~, , "d the fuR conse~., .. .,...., of p/aC/ng the hll5pitalln our neighbortlood. . Pae :>1 HvdJOlcN!V. .',. Oualllr., The CIty ~ww.',"; confused, as there are 110 NPDES standards. only a requirement to submit a Notice of Intent to !he state Water Resources Control Board. As Is the case witfI any mltfgatlon, the CIty cannot defer idelltiflcetion of , ; ,.... Jre to ,..",11 with IlOft1)OInt source water quality discharge requirements without Identllyingthem and r ... .-' - ,J suff'1Cient best management practices (BMPs) to fuififI ~ requIremenIs. SImply rete ,. ~;. 'J; them wIIh no definition does not . ... ". I!l the nMewer with sufficient Info ''',:\ to evafuate, .'1;. :'!If compliance, or the effeds of imp',. , . ,ling the required BMPs. For 8lQHIJ()Ie. what If the proJect assumes that a detention basin with 8 filter tletob....nuystem will be instilled on ad[. .;" . " , orty. WIthout Io-'ng this proposal. it Is not possible to evatuate the Impacts of such fac:IftUes. Impacts may be minimal, but until defined and 8VlIIuated this fact cannot be ~ The project analysis does not identify potendal ope,,;, ,,' pofk___..:..., "", ~", Imt requirements; or any other statJonarysources of water pollution. However. a IlospItaI cIeMy gen. ","", contaminated wastewater and it Is essential that the constituents of the waste water Is defh.ed. If a p.;. ,.;.. '.. 1 system Is required. what happens to the residual 7 . . . . . April 5, 2005 rD~ ~ @ ~ 0 m~"' "ill APR 06 1005 ] Mr. Dan Long Associate Planner City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 By RE; P A04-0462 General Plan Amendment/Zone Change, P A04-0463 Development Plan/Conditional Use Pennit & PA04-057I Tentative Parcel Map - Applicant: Universal Health Services, Inc. Dear Mr. Long: I am an adjacent property owner. I have many concerns about the proposed zoning change. Here are my three concerns for the record, I would like the opportunity to meet with the City on these concerns. My nwnber one concern is about the eight (8) lots being made one parcel. The City would be treating the Hospital development with preferential treatment, by allowing PDO-8 to be divided up. This is a move by the hospital to build higher buildings but they will stick out like a sore thwnb if the lots to the east in PDO-8 are not afforded the same zone change. The hospital's three (3) lots are closest to the ranch community of Los Ranchitos. I can see no reason why all the existing lots in PDO-8 would not be changed or none at all as there intended use is the same, office medical; they are all adjacent to the hospital. If the City proceeds with segregating the existing PDO-8 lots any confonnity in the planning of the entire block from Margarita west will be lost and this is not in the best interest of the community. The hospital's lots (3 in PDO-8) are the farthest removed from Margarita Road. The balance of the current PDO-8 lots are adjacent to more commercial development near Margarita Road and in my opinion they would blend in just as easily. I am in favor of blocking any change to the PDO-8 that separates and/or divides the six (6) lots that are currently under the PDO-8 zoning. Secondly, tall buildings mean more parking requirements and better access to those parking lots and buildings. I purpose parking lot access on the south through the present DPO-8 lots (map attached). This would benefit all owners and future development, which all have medical developments of some type planned. Pulling everyone together for joint planning ideas may be in everyone best interest. My third concern is we have a flood plain on DePortola Road and I have concerns that the City along with the Hospital developers will abundant the flood issue only to pass it on as someone else's problem. At the present time the drainage channel crosses the natural drainage course across Deportola Road and is undersized, see map attached. This drainage channel was put in place many years ago before city hood, Many developments . have been given the green light including Sparkman School, Paloma Del Sol and other developments upward (north) from DePortola Road. Many other developments down stream have also been approved as well before and after city hood. I believe it is time for the city to act on necessary drainage channel improvement and upsize this culvert to an acceptable size as was done under Margarita Road when Sparkman School was developed. This negative impact in my opinion is not the responsibility of down steam homeowners (like myself) or private party developers but is a tax payers/'public use' issue and the city needs to act on it soon. . Regards, Don L. Rhodes 31625 DePortola Road Temecula, CA 92592 (951)302-3554 . . . . , o ~ ,-rA , I April 5, 2005 . TEMECULA PLANNING COMMISSION 43200 Business Park Drive Temecula, CA 92590 Regarding April 6, 2005 Agenda Item 4, PA04-0462 HOSPITAL ON 79 SOUTH Dear Chairman Mathewson, Commissioners Chiniaeff, Guerriero, Olhasso, and Telesio , As Vice President of Santiago Ranchos Home Otners Association, I am bringing , to your attention three problems with the current flite plan for the new hospital and also requestirig a change in the phasing of apcess construction. Santiago , Ranchos is an equestrian association comprised lof 2 % acre' parcels on narrow i rural residential roads immediately to the north at the proposed hospital site. , Santiago Ranchos would also like to be on record as in support of Los Ranchitos H" , HOA in requesting a modified three lane arteriaJtOaddesignation for De Portola Road. Like Los Ranchitos, Santiago Ranchos has tried to be a good neighbor in accepting a proposed hospital,in concept. Howeyer, three aspects of the plan "'tfefore yOLl threaten to severely and negative'l>' imp'8ct bOth associations. 1. Driveway on De Portola cannot be open to routine traffic: When the three lots . on De Portola were rezoned by this commission from rural residential to commercial last year, the deal with Los Ranchitos Home Owners Association, in order to release the parcels from the association's CC&Rs, was that there would be NO hospital access from De Portola. The City Engineer has since determined that an emergency alternate entrance for ambulances is necessary should gridlock completely block 79 S. Fine, make it a true alternate emergency entrance by requiring it to be a left-in only, one lane entrance only, with a security gate to which the Fire Department and the Temecula PD hold the keys. Ambulances would always have access in a true dire emergency but daily routine hospital traffic would not. Pia Pica is a narrow rural residential road without sidewalks. It cannot handle the delivery trucks, trash trucks, employee, and patient traffic that would inevitably use Pia Pico as a cut-through to any open entrance on De Portola. 2. Emergency room is poorly sited: Locating the emergency entrance on the NW corner of the building, thereby forcing an ambulance coming in the main entrance on 79 S to circle a medical office building, then wind its way through the parking lot, makes absolutely no sense. Place the emergency room on the south side of the building, move the office building further west, or realign the main entrance, do whatever you have to do to make emergency room access a straight shot. If you allow the current plan, the hospital will be coming back to you at some point to request a new site entrance near the emergency room at . . the intersection of Pio Pico at De Portola, You can avoid that future fight now by simply requiring the emergency room be near to, and directly accessible from, 79 S. 3. Six story building violates Temecula zoning height limits: Our current zoning restrictions are designed to protect the quality of life and general ambiance of our residential neighborhoods. Three stories, as has'been approved elsewhere along 79 S, might be acceptable, but a six-story building is totally incompatible with nearby residences, especially horse properties. If you allow this exception, it will irretrievably alter the character of southern Temecula. Also, once you have . set this precedent, every future applicant with a financial incentive to do so, is going to come up with absolutely compelling rea~ons why you must grant him a special exemption, too. Once you let the horse dut of the barn, there's no going "' back and the Planning Commission and City Coqncil will be hard pressed to , prevent even higher rise buildings in the future. jfhere is no compelling reason for a six-story exemption on this site other than U.niversal Healthcare wants to ._ ___us~Jha_samebuH(lin(] de.sign th,Clt WQOss well forthemjr'HmQtb~Ls~!:lte.___.____ _, - Unfortunately, the planned building will forever destroy the feel andcnaracter of the adjacent residential neighborhoods and shou'ld not be allowed. . Finally, I would also request that the order of C1ccess completion be changed. If ~ - -,- -"'1ffenoopjraf'consTructTorTTspnass-Z1h1iriif'ltJre1S"f10neecfrorail alteiiia[e--~-n. emergency ambulance access from De Portola until phase 2. Conversely, the Dartolo entrance will be needed for patient access to the phase 1 medical buildings. Therefore, whatever approvals you grant should be conditioned that . the Oartolo entrance be opened as part of phase 1 and that any De Portola , access be postponed until phase 2. . .. .::-", ~-""-~.:~~":"=;-;~:","":;~" Thank you for your consideration in protecting the interests of Temecula residents and the quality of our long established neighborhoods. Sincerely, ~~"-'~~ ~ - -:/;~~ ~~--? ~ Kenneth G. Ray Santiago Ranchos Home Owners Association 31647 Pio Pico Road Temecula, CA 92592 951-302-1035 (-; . (, , -. .' MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION APRIL 6, 2005 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 P.M., on Wednesday, April 6, 2005, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE Chairman Mathewson led the audience in the Flag salute. ROLL CALL Present; Commissioners Guerriero, Olhasso, Telesio, and Chairman Mathewson. Absent; Chiniaeft . PUBLIC COMMENTS None at this time. CONSENT CALENDAR . 1 Aaenda RECOMMENDATION; 1.1 Approve the Agenda of April 6, 2005. 2 Minutes RECOMMENDATION: 2.1 Approve the Minutes of March 2, 2005. ,2.2 Approve the Minutes of March 16, 2005. MOTION: Commissioner Guerriero moved to approve the Consent Calendar. Commissioner Olhasso seconded the motion and voice vote reflected approval with the exceotion of Commissioner Chiniaeft who was absent. R:\MinutesPCI040605 , 1. ) .. COMMISSION BUSINESS New Items . 3 Plannin!] Aoolication No. PA04-0594. a Develooment Code Amendment for Supolemental Alcoholic Beveraae Sale Reouirements recommendinp that the City Council adoot an ordinance reoardinp supolemental reauirements re.aulatina the sale of alcoholic beveraaes for certain Noes of businesses and to orovide locallv aoorooriate criteria for State-reouested Findinas of Public Convenience or Necessitv Principal Planner Hogan presented a staff report (of written material). Commissioner Guerriero concurred with staff's report, but requested the following modifications: . That the requirement No beer or wine shall be displayed within 10 feet of cash register or the front door be changed to 5 feet. . That a requirement be added imposing that sales staff be trained by or through the Alcohol Beverage Control (ABC) prior to approval of a Conditional use Permit (CUP). Principal Planner Hogan noted that a condition could be added that requires staff training by or through the Alcohol and Beverage Control (ABC) prior to the opening of the business. Clarifying for the Planning Commission, Principal Planner Hogan offered the following comments: . That the proposed requirements as stated in staff's report would not be imposed on existing facilities e . That if a temporary church and a business selling alcohol were located on a Commercial or Industrial Zone, the 500 foot requirement would not be applied. . That if the sale of hard liquor is the predominant product sold in a store (50% or more), it would be classified as a liquor store; if not, it would be considered a convenience store . That previously imposed requirements regarding the sale, of alcohol would be replaced by the proposed four requirements in staff's report. At this time, the public hearing was opened but due to no speakers it was closed. MOTION: Commissioner Guerriero moved to approves staff's recommendation subject to the two following conditions: That no beer or wine shall de displayed within close proximity (no closer than 5 feet) to the cash register and front door and that sales staff receive training by or through Alcohol and Beverage Control (ABC) prior to the opening of a business. Commissioner Telesio seconded the motion and voice vote reflected approval with the exceotion of Commissioner Chiniaeff who was absent. . R:\MinutesPC\040605 2 i ;~ . " PC RESOLUTION NO. 2005-020 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 COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.08, 17.10, AND 17.34 OF THE TEMECULA MUNICIPAL CODE TO REGULATE LIQUOR STORES AND SIMILAR USES AND TO FURTHER CLARIFY OTHER REQUIREMENTS FOR BUSINESSES SELLING ALCOHOLIC BEVERAGES (PLANNING APPLICATION 04-0594)" 4 Plannino Aoolication No. PA04-0462. PA04-0463. PA04-0571. a General Plan Amendment Zone Chanae, Conditional Use Permit. Develooment Plan and Tentative Parcel Maq submitted bv Universal Health Svstems. Inc. to construct a 320-bed hosoital facilitv and helioad. two medical office buildinas totalina aODroximatelv 140.000 s~lUare feet a 10.000 sauare foot cancer center. and an 8.000 souare foot fitness rehabilitation center all totalino aooroximatelv 566.160 sauare feet on 35.31 acres. located on the north side of Hiqhwav 79 South and south of DePortola Road. aooroximatelv 700 feet west of Maraarita Road Assistant City Attorney Curley stated for the Planning Commission, staff, and the public that the proposed project will be subject to an Environmental Impact Report (EIR); that the public hearing will be opened to collect specific concerns that wauld need to be addressed in the Environmental Impact Report (EIR); and that as part of the Environmental Impact Report (EIR) process, there would be another opportunity for public comment and review on the environmental document at another time. Associate Planner Long presented a staff report (of written materia!), noting that staff has worked closely with the applicant, the Los Ranchitos Homeowners Association and City Council sub-committee comprised of Councilman Naggar and Mayor Comerchero and that Condition of Approval No. 11 should be modified to impose that the applicant shall work with the emergency \ p;oviders in local areas to reduce the use of sirens within the vicinity of the hospital and within ~sidential areas. . COMMISSION DISCUSSION In response to the Commission's query regarding Pio Pico Road, Director of Public Works Hughes stated that the lower (southern) section of Pio Pico Road will be needed for the proposed project advising that the City will be vacating the southern portion and that the City will be retaining the upper (northern) portion of Pio Pico Road, noting that it would not be the intent of the City to develop the upper portion (northern) but that this portion will remain on paper as an access. It is the opinion of Director of Public Works Hughes that the horse trail on the southern end of Pio Pico Road will still be useable. For Commissioner Telesio, Mr. Long noted that the applicant will be required to coordinate with local emergency service providers to minimize the use of sirens near the hospital and residential zones. A:\MinutesPC\040605 3 r--_ '{ ) ) .- Public Works Director Hughes commented on the need for the Dartolo Road extension, advising that because of timing and cost of this extension, it was approved as a Condition of Approval for Phase II; that the DePortola Road connection will be valuable to the hospital; and that the Dartolo Road/Margarita Road signal is extremely close to SR 79 South and may hamper, at a future time, the ability to move traffic through the Margarita Corridor. It was also noted by Mr. Hughes that the DePortola Road driveway access will be full-turning movements with the exception that the left-hand turn out would be restricted, noting that one could turn left in but could not turn left out to go westbound. . For Chairman Mathewson, Mr. Long noted that the project has been designed to be compatible with the rural residential character by including multi-use trails, split rail fencing, and landscaped buffers as conditioned along DePortola Road. At this time, the public hearing was opened. Mr. Don Pyskacek, Vice President of design and construction from Universal Health Services, representing the applicant, offered the following comments: . That the hospital is vitally needed in the community . That the project will not include a trauma center which would be a much higher level of service . That currently there is no definite timing between Phase I and Phase II; and that Phase II of the project would be planned to accommodate future City needs. e The following individuals spoke against the proposed project for the following reasons; . Ms. Dee Messing Mr. Del Ross . Ms. Rebecca Weersing Ms. Charlottte Gust . Ms. Pauline Nelson Mr. James Gust . Mr. George DiLeo Mr. Tim Nelson . Mr. Brad Stormon Mr. Jerry Hizon . Mr. Sal Salazar Ms. Angie Canales . Mr. Neal 2iff Mr. Jeff Tomaszewski . Mr. Don Stowe Ms. Theresa Hizon . Mr. Jack Williams Ms. Dee Dee Polzin . Mr. Raymond Bennett Mr. Kenneth Ray . Ms. Kathleen Stowe Ms. Carol Charnock . Mr. Gilbert Schultz Ms. Linda Doucet . That increased traffic on DePortola will make it unsafe for equestrian uses . That noise sources, noise impacts, and noise mitigation has not been adequately addressed . That access from DePortola Road would not be desired by area residents, if required by City, it should be gated for emergency access only . R:\MinutesPC\040605 4 .- ~/'~ . .i I . . . . . . That access from Dartolo Road should be included in Phase I of the proposed project That all of Pio Pi co Road south of DePortola Road should be vacated That the hospital towers are too tall and not consistent with the area That the proposed site is not an appropriate site for the proposed project That a helipad and helicopter will create noise impacts and will frighten (spook) horses That due to increased runoff resulting from the proposed project, a storm water plan should be prepared . That the rural country atmosphere must be protected. Mr. Dennis Grimes, Los Ranchitos resident, spoke in favor of the proposed project. At this time, the public hearing was closed. COMMISSION DISCUSSION For the Planning Commission, Director of Public Works Hughes stated that it is his opinion that the sub-committee assigned to the proposed project is in full support of the proposed project and conditions as presented. I . Commissioner Telesio noted that it is his opinion that the use of five helicopters a month should not create a significant amount of noise. Commissioner Olhasso noted that until issues of litigation are resolved with the proposed project, she will not be able to work with the Equestrian Preservation Group. In regard to the focused Environmental Impact Report, Commissioner Olhasso stated that the following issues must be further investigated . That staff explore the construction timing of Dartolo Road improvements versus DePortola Road improvements . That staff analyze the impacts concerning equestrian uses in the area . That staff study conflicts on DePortola Road . That issues with the regard to height of the proposed project be addressed . That emergency room relocation be considered . That potential noise with regard to flight path be addressed. . Considering public testimony, Chairman Mathewson noted that the Planning Commission and staff will be consolidating issues/concerns and will be returning to the Planning Commission with a recommendation as to what the Environmental Impact Report should be addressing. R:\MinutesPC\040605 5 /,--', ) , ) ~ MOTION: It was the consensus of the Planning Commission to continue the Item to the April 20, 2005, Planning Commission meeting. Commissioner Guerriero seconded the motion and voice vote reflected approval with the exceotion of Commissioner Chiniaeff who was absent. . COMMISSIONER'S REPORT For Commissioner Olhasso, Director of Planning Ubnoske relayed that she will be emailing her a response as to whether or not the Code Enforcements Reports are in working order. In response to the Commission's query regarding stone versus pre-cast concrete at the Bel Villagio Center, Director of Planning Ubnoske stated that she would need to explore the iSSUE!. Chairman Mathewson expressed his concern with the Rebel Nail Salon at the Promenade Mall, noting that on the weekends the Salon uses 40 to 50 advertising signs and requested that Code Enforcement explore the issue. For Chairman Mathewson, Director of Planning Ubnoske relayed that she has made phone calls in regard to the mining issue on Rancho California Road but that no one has returned her calls, but advised that she will continue to pursue the matter. Director of Public Works Hughes noted that he will also explore the mining issue on Rancho California Road. Commissioner Guerriero expressed concern with bottom dump trucks traveling in the fast lanes at high level of speed on Rancho California Road and queried on the possibility of restricting bottom dump trucks from the fast lane. . In response to Commissioner Guerriero's concern, Assistant City Attorney Curley noted that he would explore his concern. Commissioner Guerriero requested increased traffic officers to patrol the Rancho California Road. PLANNING DIRECTOR'S REPORT Director of Planning Ubnoske reminded the Planning Commission of the luncheon with the architectural consultant, telecommunication consultant, and landscape consultant being held on Monday, April 11, 2005, at 11 :30 a.m. Ms. Ubnsoke also relayed that Associate Planner Long will be leaving the City to pursue a new endeavor. The Planning Commission wished Mr. Long best wishes. . R:lMinutesPCI040605 6 r- i~ '~ , . ,- ADJOURNMENT At 9;10 P.M., Chairman Mathewson formally adjourned this meeting to ~he next regular meetina to be held on Wednesdav. Aoril 20. 2005 at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. Dave Mathewson Chairman Debbie Ubnoske Director of Planning R:lMinutesPCl040605 7 . . . -'7, ATTACHMENT NO. 16 PLANNING COMMISSION AGENDA PACKET APRIL 6, 2005 R:\C U P\2004\04-Q463 Temecula Regional Hospital\PC 11-16-05\PC-ST AFFREPORTll-16-05 v2.doc 51 . <?~- ~,,-- :~. . . . . . . STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Date of Meeting: April 6. 2005 Prepared by: Dan Lonq Title: Associate Planner File Number PA04-0462 P A04-0463 PA04-0571 Application Type; General Plan Amendment/Zone Change Development Plan/Conditional Use Permit Tentative Parcel Map (32468) Project Description: Amending the Land Use Element of the General Plan to eliminate the Z2 overlay designation and corresponding two-story height restriction; a zone change to change the zoning of the project site from Professional Office (PO) and Planned Development Overlay (PDO-8) to Planned Development Overlay (PDO-9) and adopt section 17.22.200 through 17.22.206, including the PDO text and Development Standards; a Conditional Use Permit to establish a 320 bed hospital facility and helipad; a Development Plan to construct a 408,160 square foot hospital, a helipad, two medical offices totaling approximately 140,000 square feet, a 10,000 square foot cancer center and an 8,000 square foot fitness rehabilitation center all totaling approximately 566,160 square feet on 35.31 acres; and a Tentative Parcel Map (Map 32468) to consolidate eight (8) lots into one (1) parcel, also known as Assessor's Parcel Nos. 959-080-001 through 959-080-004 and 959- 080-007 through 959-080-010 (PA04-0462, PA04-0463 and PA04- 0571). Recommendation; D Approve with Conditions o Deny D Continue for Redesign D Continue to; r8J Recommend Approval with Conditions CEOA; D Recommend Denial o Categorically Exempt (Class) D Notice of Determination (Section) D Negative Declaration r8J Mitigated Negative Declaration with Monitoring Plan DEIR R:\C U P\2004\04.0463 Temecula Regional HospitaI\PC.ST AFF REPORT.doc 1 PROJECT DATA SUMMARY . Applicant: Universal Health Services, Inc. General Plan Designation: Professional Office (POl Current Zoning Designation; Proposed Zoning Designation: Professional Office (PO) and Planned Development Overlay District 8 (DePortola Road PDO-8\ Planned Development Overlay District 9 (Temecula Hospital PDO-9) Site/Surrounding land Use: Site: North: South; East: West: Lot Area; Total Floor Area/Ratio Vacant Very low Density Residential (VL) Highway 79 South, low Medium Residential (lM), Community Commercial (CCl Professional Office (POl, HiQhwayrrourist Commercial !HT), PDO-8 PDO-6 (Rancho Pueblo Planned Development Overlay) 35.31 Acres .36 . Hospital: Medical Office Building No.1: Medical Office Building No.2; Cancer Center: Fitness Rehabilitation Center: 408,160 square feet 80,000 square feet 60,000 square feet 10,000 square feet 8,000 square feet TOTAL: 566,160 square feet landscape Area/Coverage 33.3% Parking Required/Provided 633/1278 BACKGROUND SUMMARY On June 3D, 2004, Universal Health Services, Inc. submitted applications for a General Plan Amendment, Zone Change, Conditional Use Permit and Development Plan. These applications comprise a request to eliminate the Z2 overlay designation and corresponding two story height restriction of the Z2 overlay from the land Use Element of the General Plan, change the zoning from Professional Office (PO) and Planned Development Overlay District No. 8 (DePortola Road PDO-8) to a new Planned Development Overlay District No. 9 (Temecula Hospital PDO-9), including the new PDO-9 texl and development standards, construct a 320 bed hospital facility, a helipad, two medical office buildings, a cancer center and a fitness rehabilitation center totaling approximately 566,160 square feet on 35.31 acres. . R:\C U NOO4\04-0463 Temecula Regional Hospital\PC>STAFF REPORT.doc 2 . On November 4,2004, the applicant submitted a Tentative Parcel Map (32468) to consolidate eight lots, including a portion of the Pio Pico right-of-way (South of DePortola Road) into one lot. Staff prepared an Initial Study, Mitigated Negative Declaration and Mitigation Monitoring Program for the proposed project. The Initial Study was circulated for a 30-day public review period beginning on March 4, 2005 and ending on April 6, 2005. Because the proposed project includes a General Plan Amendment and a Zone Change, Planning Commission review and City Council approval of all applications is required. The applicant has proposed the project in Temecula, citing rapid growth in population throughout the region as creating a need for additional medical treatment facilities. The applicant currently operates two facilities in the area; one in the City of Murrieta and one in Wildomar, both of which are operating at, or near, maximum capacity. During the last four months, the Inland Valley Medical Center in Wildomar has operated at 95% + of its capacity of 80 beds and Rancho Springs has operated at 88% + of its capacity of 86 beds. While both of these hospitals have future expansion plans, the anticipated population growth in the region will require additional hospital and emergency medical services beyond the capacity of these existing hospital facilities. No other hospital facilities exist within the immediate area; the nearest hospital facilities are located in Fallbrook, Riverside and Moreno Valley. . The proposed project is located adjacent to a residentially zoned area. Staff has worked directly with the applicant, the surrounding property owners and representatives of the Los Ranchitos and Santiago Estates Home Owners Associations to identify key issues of concern. In addition, a City Council Subcommittee (Mayor Comerchero and Councilman Naggar) was formed to meet to discuss the project. The City Council subcommittee formally met with the applicant and staff on September 27, 2004 and October 11,2004. Staff met with the Santiago Estates Home Owners Association on December 6, 2004, and held a community meeting on December 8, 2004. The community meeting notice was mailed to the surrounding home owners within 600 feet from the project site and approximately 45 residents and landowners were in attendance. The primary issues of concern that were raised through the various meetings with staff and the public include the following: . Traffic and circulation (access points) . Building height and views . Compatibility with residences . Noise . Helipad (location and number of flights) PROJECT DESCRIPTION General Plan Amendment . The General Plan Amendment is a request to eliminate the Z2 overlay designation and corresponding two-story height restriction from the Land Use Element for the project site (Figure 2-5, page 2-36 and Table 2-9 in the Land Use Element of the General Plan). The proposal will amend Figure 2-5 and page 2-36 and Table 2-9 to eliminate all references to the Z2 area. The elimination of the Z2 overlay modifies the building height limit on this site and would have reverted to the underlying PO zoning limit of 75 feet. However, the applicant has R:\C U P\2004\04..0463 Temecula Regional Hospital\PC-STAFF REPORT.doc 3 submitted a PDO document with the zone change application, which will modify the height limit to 115 feet. . Zone Chanoe The Zone Change is a request to change the zoning from Professional Office (PO) and Planned Development Overlay District No. 8 (DePortola PDO-8) to Planned Development Overlay District No.9 (Temecula Hospital PDO-9). The PDO document prepared with the application effectively raises the building height limit for this site to 115 feet. However, the PDO text clarifies the allowances for increased building height as follows: "The development standards set forth in Section 17.08 for the Professional Office Zone shall apply to this PDO with the exception of the following. No more than 30% of the total roof area of the hospital building may exceed the 75-foot maximum building height limit. The maximum building height for those portions of the hospital building within the 30% area may not exceed 115 feet. For the purposes of this Section, roof area is defined as that portion of the roof above occupied conditioned spaces bound by the inside face of the parapet wall that defines the roof area". Conditional Use Permit The underlying PO zoning regulations require a conditional use permit for hospitals and helipads. The proposed hospital will be a full service facility operating 24-hours a day, seven days a week. Services provided at the hospital will include emergency treatment, outpatient surgical services, inpatient surgical services, acute care inpatient services, intensive and cardiac care services (ICUlCCU). In addition, comprehensive departments of radiology/ imaging, cardiology, laboratory and other outpatient services will be provided. The project will . not include a trauma center. The helipad is located on the north side of the hospital, on the eastern portion of the site. The applicant has stated that the helipad will be used to transport patients to other facilities requiring specialized treatment and they expect 5-6 flights per month. Develooment Plan The Development Plan consists of a 408,160 square foot hospital, a helipad, two (2) medical office buildings totaling 140,000 square feet, a 10,000 square foot cancer center and an 8,000 square foot fitness rehabilitation center all totaling approximately 566,160 square feet on 35.31 acres. Access/Circulation There are two primary access points, both of which are located along Highway 79 South. The primary access point along Highway 79 South aligns with Country Glen Way and will require the installation of a traffic signal (Condition No. 90 a.i). The other access point along Highway 79 South is located further west and will be a right in-right out only access point. A secondary driveway is located at the northeastern portion of the project site connecting to DePortola Road and will be designed to prohibit left turns from the project site (right-out only). Staff has conditioned the project to provide another access point from the project site to Dartolo Road, with a bridge to be constructed over a floodway (Condition No. 91 a). The project site will also have internal access connecting with the Rancho Pueblo PDO to the west. . R:\C U P\2004\04-0463 Temecula Regional HospitaI\PC-ST AFF REPORT.doc 4 . . . Based on the Development Code parking regulations, the site is required to provide a minimum of 633 parking spaces and 1278 spaces have been provided. The parking lot will be constructed in phases to coincide with the development of each building. Site Design/Architecture The hospital building will be constructed in two phases. The first phase will include a single story structure and six (6) story tower housing approximately 170 beds. The second phase includes a five (5) story tower housing the remaining 150 beds (320 beds total). Medical office building NO.1 (MOB #1) is four (4) stories, 80,000 square feet, and located immediately to the west of the hospital. Medical Office Building No. 2 (MOB #2) is three (3) stories, 60,000 square feet and located immediately west of MOB # 1. The cancer center is a single story, 10,000 square foot building located immediately to the east of the hospital. The fitness rehabilitation center is also a single story structure, approximately 8,000 square feet and is located north of the hospital, along DePortola Road. The helipad is located on the eastern portion of the site, north of the hospital building. The project proposes a Spanish style architectural design for all buildings. The building design features the use of earth toned stucco, terra cotta tile roof, bronze tinted glass and Indian red tile at the base. The hospital towers are divided by an octagon-roofed rotunda. The hospital, medical office buildings and the cancer center each include a porte-cochere covered entry. The hospital building is required to obtain building permits from the California Office of Statewide Health and Planning Development (aSH POD) and is exempt from City structural review and building permits. The two medical office buildings, cancer center and fitness rehabilitation center will be required to obtain building permits from the City of Temecula Building Department. Therefore, staff has modified the timing thresholds of the hospital building for the implementation of various conditions of approval to coincide with OSHPOD submittal requirements. Landscaping Perimeter landscaping will consist of a 25 foot wide bermed landscape planter along Highway 79 South, consisting of 24" box and 15 gallon California Pepper trees, Sycamores and assorted shrubs; DePortola Road and the remainder of the north property line consists of 24" box and 15 gallon Afghan Pines and Silk Trees; a 50 foot wide planter along the western property line of assorted street trees; and an informal planting of natural turf and assorted trees along the eastern property line. The overall site will include 20% 36-inch box (approximately 176 trees), 30% 24-inch box, and 50% 15 gallon trees. Tentative Parcel MaD The Tentative Parcel Map is a request to consolidate eight (8) legal lots into one contiguous parcel. Included as part of the Tentative Parcel Map is a request to abandon the southern portion of Pio Pico Road. The portion requested to be abandoned is not built and will not result in any street closures. Environmental Assessment Staff determined the project could have potentially significant environmental impacts and an Initial Study was prepared. The environmental factors that were studied were aesthetics/visual, air quality, archaeological, flood plain, geologicaVseismic, noise, population/housing balance, R:\C U P\2004\04-0463 Temecula Regional Hospital\PC-STAFFREPORT.doc 5 public services/facilities, sewer capacity, soils erosion/compaction/grading, toxiclhazardous wastes, traffidcirculation, water quality, land use and light and glare. Staff required technical . studies be prepared to address each of the identified potential impacts. ANALYSIS General Plan Amendment The proposed General Plan Amendment to allow for increased building height is consistent with the following goals and pOlicies of the General Plan: Goal 2 on page 2-10 of the Land Use Element: "A City of diversified development character where rural and historical areas are protected and co-exist with newer urban developmenF. Goal 1 on page 2-9 of the Land Use Element: ':4 well balanced community provides a broad range of land uses that are planned in desirable patterns and intensities. By providing for a balanced mixture of land uses, the City can achieve a suitable inventory of housing for a range of income groups, a viable commercial and employment base for residents and surrounding communities, ample open space and recreational opportunities, and adequate public facilities and services". Goal 8 and Policy 8.1, respectively, on page 2-15 of the Land Use Element: . "A City which is compatible and coordinated with regional land use patterns". .Provide a pattern of land uses that maintain and enhance the viability of neighboring communities including the City of Murrieta, and counties of Riverside and San Diego though compatible uses and Iinkages'~ The amendment is a request to eliminate the Z2 Specific Plan overlay designation and corresponding two-story height restriction as currently shown on Table 2-9. of the Land Use Element. The current General Plan land use designation of Professional Office (PO) will not change as a result of the proposed General Plan Amendment. Through the Development Plan review process, the project has been designed to be compatible with the rural residential character by including multi-use trails, split rail fencing, landscaped buffers, and single story buildings along DePortola Road. Zone Chanae The proposed zone change to PDO-9 will not change the use matrix of permitted uses for the project site. The proposed PDO-9 includes language allowing portions of hospital structure to exceed the 75-foot height limit. The proposed PDO-9 text modifying the height limit for the site is acceptable because it provides proper flexibility for the hospital building only (and only 30% of the roof area is permitted to exceed the 75-toot height limit). The proposed PDO-9 will not allow additional offices or other areas of the hospital beyond the proposal to exceed the 75-foot height limitation. . R:\C U P\2004\04-0463 Temecula Regional Hospital\PC-STAFF REPORT.doc 6 . . . Conditional Use Permit A Conditional Use Permit is required for the hospital and helipad. The purpose and intent of a Conditional Use Permit (CUP) is intended to allow an establishment of uses, which have special impact or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. A CUP provides staff and approval bodies the means to review the location, design, configuration of uses, potential impacts and compatibility with the surrounding area. In order to make the findings for a Conditional Use Permit, staff analyzed the following concerns and identified conditions and mitigations that should be applied to the project. Traffic and Circulation (access points) The primary issues raised during the community meetings included traffic impacts upon the adjacent residential streets such as DePortola Road and Pio Pico. The initial project did not include an access point to/from DePortola. Staff required the applicant to provide secondary driveway access directly to DePortola. Staff felt that alternative access points are necessary due to unforeseen closures along Highway 79 South, which have historically and may again in the future close down Highway 79 South. By having additional access points that are not located along Highway 79 South, the ingress/egress of emergency vehicles remains functional. This DePortola access point is a secondary driveway designed in a manner that will not permit left hand turns from the project site. This will require all traffic leaving the project site onto DePortola Road to travel east towards Margarita Road, away from the residential area. Staff has also included a condition of approval requiring a bridge over the floodway connecting the site to Dartolo Road on the eastern portion of the site (Condition No 91 a). The bridge will allow the future connection to Margarita Road. Building Height and Views The primary issues of concern with regard to building height and views, include the two towers that are five (5) and six (6) stories. The applicant has stated that the design of the hospital is primarily based on internal function relationships. The various uses and functions inside of the building must be located adjacent to other critical uses. This includes care rooms, treatment facilities, equipment as well as elevators, stairs and window placement. With the form follows function concept in mind, the design of the building is severely limited in what can be changed in regard to tower location, layout and movement (or relocation) of functioning areas. Recognizing that the nearest tower is setback approximately 210 from the nearest residentially zoned parcel and approximately 630 feet from DePortola Road, and that extensive perimeter landscaping and landscaping adjacent to the buildings will be provided, staff can make the findings of approval. Noise A noise study was prepared for the project to assess the potential impacts on adjacent properties. Staff's analysis focused on short term construction noise, daily operation noise and noise associated with the helipad. Staff determined that the noise study adequately addresses all of the noise impacts associated with the project and mitigation measures have been added as conditions of approval (see Mitigation Monitoring Program). Short term construction noise will be mitigated by the implementation of measures such as sound blankets (barriers that resemble a blanket draped over a fence to deflect noise) along the R:\C U 1'\2004\04-0463 Temecula Regional Hospital\PC-ST AFF REPORT.doc 7 northern property line between the construction activities and residences, hours of operation and properly tuned equipment. . Daily operational noise will be mitigated through the design of the project and conditions of approval, which include landscaped berms, orientation of mechanical equipment and loading areas away from residential areas. As a mitigation measure and condition of approval, The applicant is required to coordinate with local emergency service providers to minimize the use of sirens near the hospital and residential zones. - Helipad noise will be minimized because the sound levels will only occur for periods of 15-30 minutes for each flight; and the flight path is restricted to the Highway 79 South and commercial corridors, unless environmental conditions do not allow for such path of travel (CUP Condition of Approval No. 10). Light and Glare Staff required the applicant to locate all ground mounted lighting as far away as possible from the residences. All free-standing lighting in the parking lot is consistent with the setbacks set forth in the Development Code and Design Guidelines. All lighting is conditioned to comply with Ordinance 655, which requires all exterior lighting to be shielded, directed down and utilize low pressure sodium. In addition, staff has added a mitigation measure for all windows above the second floor (medical offices and the towers) to include glazing or tinting to reduce the amount of glare from the upper stories. Prior to the issuance of a building permit, the applicant is required to submit a photometries plan showing light ,levels for the project site and at property lines (Development Plan Condition No. 36). Hazardous Materials . Medical facilities typically dispose of hazardous wastes and low level radioactive materials. The handling and disposal of this type of waste is regulated, monitored and enforced by the Riverside County Environmental Health Department. Prior to occupancy of the hospital, a Hazardous Materials Management Plan is required to be submitted and approved by Riverside County Health Department (Condition No.4 and 129). This plan is kept on file and is accessible by the Fire Department. Develooment Plan Access/Circulation The access and circulation of the project will not adversely impact the adjacent roadways. The following improvements are required to be installed and operational prior occupancy of any building in phase I: Installation of traffic signal at Highway 79 South and Country Glen Way, including a dedicated right turn lane along the westbound lanes and restriping of through lanes and turning lanes at this intersection; DePortola Road access point and roadway improvements; Highway 79 South and Redhwak Parkway (Margarita Road) southbound and eastbound right turn signal overlap; and improve Dona Lynora with half street improvements and restrict movements to right in/right out vehicular movements. Prior to the certificate of any occupancy for any building in phase II, internal access from the project site shall be provided to Dartolo Road. . R:\C U NOO4\04-0463 Temecula Regional Hospita1\PC-ST AFF REPORT. doc 8 . . . The project is consistent with the parking standards as set forth in the Development Code for hospital and office facilities. There are a total of 1 ,278 parking spaces proposed, only 663 are required. There are also 3 bicycle racks providing a total of 40 spaces, 34 spaces are required. Site Design/Architecture The site design and architecture, as conditioned, will comply with the Development Code and Design Guidelines. The project site is designed in a manner that complies with the development standards. The architecture meets the intent of the design guidelines. The colors and materials are consistent with the Spanish architectural style proposed by the applicant. Each building maintains the three components required for each building, including a tile base, stucco body and Spanish roof. The applicant added a band below the fourth story windows of the towers to break up the massing, which reduces the blank wall appearance. In addition, the abundance of windows on each building breaks up the amount of solid surface. A decorative rotunda between the towers, adds interest from Highway 79 South and reduces the massing by providing a separate feature between the towers. The entry of the hospital, medical office buildings and cancer center all include a decorative covered canopy. The covered entry defines the primary entry for each building as a focal point. The applicant has also proposed a decorative boulder water feature at the main entrance of the hospital to further accentuate the entry. As a condition of approval, all roof mounted equipment is required to be screened as determined acceptable by the Planning Director (Development Plan Condition No.8). Landscaping The proposed landscape plan, as conditioned, will comply with the Development Code and Design Guidelines. The project is consistent with the 25% required landscape area (33% proposed). The applicant has proposed and/or is conditioned to provide landscape berms adjacent to public streets to screen the parking lots. Staff has included conditions of approval to further buffer the residential area from the project by requiring berms and mature evergreen trees such as Afghan Pines and California Pepper trees between the project site and residential areas to the north (Condition No. 35 i, j, and k). Tentative Parcel Mao (32468), The proposed Tentative Parcel Map is consistent with the Development Standards and Subdivision Ordinance. The project proposes to consolidate eight lots into one legal lot. The proposal is consistent the lot width, depth and lot area for the PDO 9 District. As a result of the recordation of the final map, a portion of the Pio Pico right-of-way extending into the project site would be abandoned. ENVIRONMENTAL DETERMINATION i:8J 1. An initial study has been prepared and indicates that the project will have the following potential significant environmental impacts unless mitigation measures are included as conditions of approval. Based on the following mitigations, staff recommends adoption of the mitigated Negative Declaration for the project. - . ~. Aesthetics m' Cornpiy with Ordinance 655, Fu'lIy shielding of lighting fixtures, directed down, landscaping with mature evergreen screen trees, glazed/tinted windows above 2nd floor. R:\C U P\2004\04-0463 Temecula Regional Hospita1\PC.STAFF REPORT.doc 9 Air Quality Biological Resources I Cultural Resources I Geology and Soils I Hazardous Materials Noise TransportationfTraffic Comply with AQMD regulations, construct pedestrian paths of travel, . maintain waste related enclosures, comply with health department hazardous waste regulations (Hazardous Materials Management Plan), construct RT A stage area, plant native drought resistant landscaping, watering down site during grading for dust control (SCAQMD Rule 403), 15 MPH zone for on-site construction traffic, FUQitive Dust Control Plan is required. U.S. Army Corps Permits, U.S. Fish and Wildlife and U.S. Fish and Game clearances, Focused Burrowing Owl study 30-days prior to grading, bridge construction shall utilize supports outside the flood channel, focused studies for construction between April 15 and July 15 (Least Bell's Vireo and Southwestern Flvcatcher). I Pre-excavation agreement with Pechanga, Monitoring for cultural and paleontological resources. lOver-excavation and 90% recompaction, grading shall comply with 1997 UBC. I Hazardous Materials Management Plan is required subject to approval of Riverside CounD' Health Department. Provide a 6-foot high (or higher) sound blanket between project site and residences abutting project site, submit maintenance records of construction equipment, staging and stockpiling areas shall be located away from residential areas, muffling, screening and buffering of mechanical equipment, emergency generators shall be used for emergencies and servicing only, truck arrivaVdeparture for loading shall be limited to 7;00 AM to 7:00 PM, sirens for emergency vehicles shall be shut off no less than 14 mile from site, helicopter flight path is limited to commercial corridors (weather/safety permitting), comply with Section 21661.5 of State Aeronautics Act and Federal Aviation Administration. Modify traffic signal at Country Glenn and Highway 79 South to 4-way signal, install sidewalks and street lights along Highway 79 South, install left turn pocket (dual left turn lane) at Margarita/Highway 79 South intersection, provide access driveway to DePortola, pay DIF and TUMF, pay fair share contributions, connect Dartolo Road to Margarita (including vehicular access bridge). CONCLUSION/RECOMMENDATION Staff has reviewed the proposed project and has identified various issues of concern. In addition, staff has prepared an Initial Study, which has identified potentially significant environmental impacts. Staff has included conditions of approval and has prepared a Mitigation Monitoring Program which addresses these concerns and reduces the potentially significant environmental impacts to a less than significant level. Planning Staff recommends that the Planning Commission recommend that the City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring Program and approve Planning Application Nos. PA04-0462, PA04-0463, and PA04-0571 based upon the findings and the attached Conditions of Approval. R:\C U NOO4\04-0463 Temecula Regional HospitaN>C>ST AFF REPORT.doc 10 . . . . . . The proposed project provides a multitude of benefits and services that are needed within the community. The project is considered an economic benefit because the City will now have a regional health care facility that will attract additional medical services, medical offices and related uses anc;l facilities. In addition, quality health care is a desired element that is sought after by companies looking to establish themselves and/or relocate to the City of Temecula. FINDINGS 1. General Plan Amendment a. The proposed amendment is consistent with the direction, goals and policies of the adopted General Plan. b. The proposed amendment will not have a significant impact on the character of the surrounding area. 2. Zone Change a. The proposed Zone is consistent with the land use designation of the General Plan of the City of Temecula in which the use is located, as shown on the Land Use Map. The proposed zone change is consistent with the related General Plan Amendment, the site is physically suitable for the type of uses that will occur in this area, and the proposed zone change would further the City's long-term economic development goals. b. The proposed change of zone conforms to the General Plan and the use is in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed change of zone allows for a use that will provide the diversity of uses desired in the General Plan and will create a balanced community with additional public services available to the community. 3. Conditional Use Permit (Code Section 17.040.010E) a. The proposed conditional use is consistent with the General Plan and the Development Code; the proposal, a request for a 320 bed hospital facility and a helipad, is consistent with the goals and policies contained in the General Plan and land use standards in the Development Code. The goals and policies in the Land Use Element of the General Plan encourage "a complete and integrated mix of residential, commercial, industrial, public and open space land uses; (Goal 1)" "a City of diversified development character where rural and historical areas are protected and co-exist with newer urban development; (Goal 2)" and "A City which is compatible and coordinated regional land use patterns (Goal 8)". The proposed project provides a regional use that needed in the community and surrounding region. There is currently a lack of medical treatment facilities in the community capable of providing adequate medical care for the general population. The proposed project integrates public medical facilities necessary for the demand of the current and future population. The project is situated adjacent to residential uses and a state highway. The project has been designed to mitigate various potentially significant impacts via an environmental assessment in which circulation, noise, light and glare, biological and air quality has been reviewed the conditioned so the project can co-exist with the surrounding rural residential area. The project, a hospital facility, is consistent with the purpose and intent of the Professional Office (PO) designation, which allows R:\C U NOO4\04-0463 Temecula Regional Hospital\PC-ST AFF REPORT-doc 11 d. b. low and mid rise structures that provide uses such as community facilities. In addition, the project is consistent with the development standards of the Development Code and associated Planned Development Overlay (PDO-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The site is therefore properly planned and zoned and found to be physically suitable for the type 'of the proposed use. The project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings, and structures and as designed and conditioned the proposed conditional use will not adversely affect the adjacent uses, buildings or structures because there was an initial study prepared, which identified potentially significant environmental impacts and a mitigation monitoring program was adopted that mitigates potentially significant impacts such as traffic, air quality, noise, light and glare, and biological to a less than significant level. For example, access points have been designed to reduce the amount of traffic leaving the project site towards residential areas by eliminating left turn options and focusing the primary access points along the State highway. Additional landscaping and berming are included in the Conditions of Approval to screen the height and reduce noise. The tallest buildings were relocated closer to the state highway, away from the residential area to reduce the appearance of the height; this will also reduce the noise from the emergency room area. Sound blankets are required during initial grading and construction activities to mitigate construction noise. There are conditions in place requiring helicopters arriving and leaving the project site to utilize commercial and the state highway corridor rather than residential areas. Emergency vehicles are required to turn off sirens no less than 14 from the project site. The project is a conditionally permitted use as has been designed and conditioned (including mitigation measures) in manner that will reduce any potentially significant impacts to the surrounding neighborhood. The building and the site is designed to respect the surrounding area and uses and therefore will not adversely affect the adjacent uses, buildings or structures. 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 this Development Code and required by the Planning Commission, or City Council in order to integrate the use with other uses in the neighborhood. The conditional use is a request for a 320 bed hospital and he/ipad on a 35.31 acre site. The project has been reviewed and it is determined that the project is in compliance with the development standards of the Development Code and associate Planned Development Overlay (PDO-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The project also provides amenities such as a multi-use trail between the project site and the adjacent residences to the north, which will extend a future trail to be constructed in the near future. The site is adequate in size and shape to accommodate the proposed hospital facilities without affecting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed Conditional Use Permit is c. R:\C U P\2004\04-0463 Temecula Regional Hospital\PC-ST AFF REPORTdoc 12 . . . . . . e. for a 320 bed hospital and a helipad. The nature of this use, as conditioned is not detrimental to the health, safety and general welfare of the community because the proposed project is providing a service that is needed in the community and region and it has been designed to minimize any adverse impacts, including health, safety and general welfare to the surrounding community. The proposed project will actually contribute to the long term viability and longevity of the community by providing additional medical care facilities. In addition, prior to the issuance of any building permit, the California Office of Statewide Health and Planning Development (OSHPOD) as well as the City of Temecula Building Department and. Fire Department will review the construction plans for compliance with the Uniform Building Code and Uniform Fire Code. The heliport is consistent with the requirements described in subsection 2 and 3 of Section 17.10.020.P City of Temecula Development Code. The proposed helipad facility is consistent with the requirements described in Section 17.10.020.P of the City of Temecula Development Code, including setbacks from parks, school and residentially zoned parcels. 4. Development Plan (Code Section 17.05.010F) a. The proposed use is in conformance with the General Plan for the City of Temecula and with all the applicable requirements of state law and other ordinances of the City. The proposed use is in conformance with the goals and policies in the General Plan for the City of Temecula, the Development Code and with all applicable requirements of state law and other ordinances of the City of Temecula because the project has been reviewed and as designed and conditioned, it has been determined that the project is consistent with all applicable zoning ordinances, state law and the General Plan. b. The overall development of the land is designed for the protection of the public, health, safety and general welfare. The overall development of the land has been designed for the protection of the public health, safety, and general welfare, because the project has been designed to minimize any adverse impacts upon the surrounding neighborhood and the project has been reviewed and conditioned to comply with the uniform building and fire codes. 5. Tentative ParcelfTract Map (Code Section 16.09.1400 a. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, Subdivision Ordinance, General Plan, and the City of Temecula Municipal Code because the proposed subdivision map is consistent with the development standards within the Development Code, Subdivision Ordinance and related General Plan Amendment; b. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract; c. The site is physically suitable for the uses and proposed density as shown on the tentative map as proposed by the Applicant; d. The design of the proposed subdivision and the proposed improvements, with appropriate conditions of approval, is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There R:\C U P\2004\04-0463 Temecula Regional Hospital\PC.STAFF REPORT. doc 13 are no known fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or habitat off-site. In addition, a Mitigated Negative Declaration has been prepared and certified prior to action on the Application; The design of the subdivision and the type of improvements are not likely to cause serious public health problems; . e. f. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; g. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided; h. The subdivision is a commerciaVoffice project and is not subject to Quimby fees. ATTACHMENTS 1. Plan Reductions (Under Separate Cover) - Blue Page 15 2. PC Resolution No. 2005-_ (Mitigated Negative Declaration) - Blue Page 16 Exhibit A - City Council Resolution 05-_ PC Resolution No. 2005- _ (General Plan Amendment) - Blue Page 17 Exhibit A- City Council Resolution 05-_ 4. PC Resolution No. 2005 _ (Zone Change) - Blue Page 18 Exhibit A - City Council Ordinance No. 05-_ 3. . 5. PC Resolution No. 2005-_ (Conditional Use Permit/Development Plan) - Blue Page 19 Exhibit A - City Council Resolution 05-_ 6. PC Resolution No. 2005-_ (Tentative Parcel Map) - Blue Page 20 Exhibit A - City Council Resolution 05-_ . R:\C U P\2004\04-0463 Temecula Regional Hospital\PC-ST AFF REPORT.doc 14 . . . ATTACHMENT NO.1 PLAN REDUCTIONS (UNDER SEPARATE COVER) R\C U 1'\2004\04-0463 Temecula Regional Hospita1\PC-STAFF REPORT.doc 15 . . . ATTACHMENT NO.2 PC RESOLUTION NO. 2005-_ (MITIGATED NEGATIVE DECLARATION) R:\C U P\2004\04-0463 Temecula Regional HospitaI\PC-ST AFF REPORT.doc 16 . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, FOR THE TEMECULA HOSPITAL," GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD AND KNOWN AS ASSESSORS PARCEL NOS. 959-080-001 THROUGH 959-080-004 AND 959-08-007 THROUGH 959-080- 010 (PA04-0462, PA04-0463 AND PA05-0571) WHEREAS, Universal Health Services, Inc., filed Planning Application No. PA04-0462, General Plan Amendment and Zone Change; PA04-0463, Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map, for the property consisting of approximately 35.31 acres generally located at the north side of Highway 79 South, approximately 700 feet west of Margarita Road known as Assessors Parcel No(s). 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010, which applications are hereby incorporated by reference and an Initial Study was prepared in accordance with CEQA Guidelines (Project); . WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring Program was prepared for the project as described in the Initial Study, including, in the time and manner prescribed by State, local law and CEQA Guidelines; WHEREAS, the Planning Commission, considered the Mitigated Negative Declaration and Mitigation Monitoring Program on April 6, 2005, at 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; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended City Council adoption Exhibit "A" a Resolution of the Planning Commission recommending the City Council adopt the Initial Study, Mitigated Negative Declaration and Mitigation Monitoring Program attached as Exhibit "A" subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Environmental Compliance. Recommend Adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program based on the Initial Study, which was prepared pursuant to CEQA Guidelines Section 15072. . R:IC U P\2004\04-0463 Temeoula Regional Hospital\Draft pc Reso Mitigated Neg Dee.doc 1 Section 3. PASSED, APPROVED AND ADOPTED this 6th day of April, 2005 ATTEST: David Mathewson, Chairman Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Planning Commission of the City of Temecula, California, do hereby certify that Resolution No. 2005-_ was duly and regularly adopted b~ the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6 day of April 2005, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS; PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: NOES: ABSENT: ABSTAIN; Debbie Ubnoske,Secretary R:\C U P\2004\04-o463 T emecula Regional Haspital\Draft PC Resa Mitigated Neg Dee.doc 2 . . . . . . EXHIBIT A CITY COUNCIL RESOLUTION NO. 05-_ (MITIGATED NEGATIVE DECLARATION) R:IC U P\2004104-0463 Temeeula Regional Hospllal\Draft PC Reso Mitigated Neg Dee.doc 3 . . . RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR THE TEMECULA HOSPITAL, GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD AND KNOWN AS ASSESSOR PARCEL NOS. 959-080-001 THROUGH 959-080-004 AND 959-08-007 THROUGH 959-080- 010 (PA04-0462, PA04-0463 AND PA05-0571) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. Universal Health Services, Inc. filed Planning Application No. PA04-0462 General Plan Amendment and Zone Change; PA04-0463 Conditional Use Permit and Development Plan; and PA04-0571 Tentative Parcel Map, in a manner in accord with the City of Temecula General Plan and Development Code and an initial study was prepared in accordance with CEQA Guidelines; and, B. The applications for the Project were processed and an environmental review was conducted as required by the California Environmental Quality Act; and, C. The Planning Commission of the City of Temecula held a duly noticed public hearing on April 6, 2005 to consider the application of the Project and environmental review, at which time the City staff and interested persons has an opportunity to, and did testify either in support or opposition to this matter; and, D. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2005- _, recommending the City Council approval of a Mitigated Negative Declaration and Mitigation Monitoring Program for the Project. E. On , 2005 and. 2005, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. F. On ,2005, the City Council of the City of Temecula approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted Resolution No. 05-_; Section 2. The City Council of the City of Temecula hereby makes the following findings: A. Pursuant to the California Environmental Quality Act ("CEQA") and the City's R:\C U P\2004\04-D463 Temecula Regional Hospitaf\Draft PC Resa Mitigated Nag Dee.doc 4 that there was no substantial evidence that the project could have a significant effect on the environment and a Mitigated Negative Declaration has been prepared. A copy of the Initial . Study, Negative Declaration and Mitigation Monitoring Program are attached hereto as Exhibit "A" and incorporated herein by reference. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law and copies of the documents have been available for public review and inspection at the offices of the Planning Department, located at City Hall, 43200 Business Park Drive, Temecula, CA 92589. C. The City Council reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration. The Project and the Mitigated Negative Declaration were discussed at a public hearing of the City Council held on . 2005. D. The Mitigated Negative Declaration was prepared in compliance with CEQA. E. There is no substantial evidence that the Project, as conditioned, will have a significant effect on the environment. F. The Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. G. The Mitigation Monitoring Program set forth in the Mitigated Negative Declaration has been prepared in accordance with law. Section 3. The City Council of the City of Temecula hereby approves the Mitigated . Negative Declaration for the Project and approves the Mitigation Monitoring Program for the Project as set forth on Exhibit A. attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. Section 4. PASSED, APPROVED AND ADOPTED on this _' day of ,2005. Jeff Comerchero, Mayor ATTEST; Susan Jones, CMC City Clerk SEAL] . R:\C U P\2004\04-o463 Temecula Regional Hospital\Draft PC Rasa Mitigated Neg Dee.doc 5 . . . STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the day of , 2005 by the following vote of the Council; AYES: COUNCILMEMBERS; COUNCILMEMBERS; COUNCILMEMBERS; COUNCILMEMBERS NOES: ABSENT: ABSTAIN: Susan Jones, CMC, City Clerk R:\C U P\2004\04-D463 T emeeula Regional HospitallDraft PC Reso Mitigated Neg Dee.doc 6 City of Temecula Plannin2 Department Notice of Completion _CH # 2005031017 Project Title: Temecula Hospital P A04-0462 a General Plan Amendment and Zone Change; P A04-0463 Development Plan and Conditional Use Permit and P A04-0571 Tentative Parcel Map Lead Agency: City of Temecula Street Address: 43200 Business Park Drive City: Temecula. CA Zip: 92590 Project Location City of Temecula, Riverside County Cross Streets: North of Highway 79 South, south of De Portola Road and west of Margarita Road Assessor's Parcel No.: 920-100-00 I through 13 Total Acres: 35.31 CEQA Document Type [ ]NOP [ lEarly Consultation Local Action Type [ ]General Plan Update [X]General Plan Amendment [ ]General Plan Element [ ]Community Plan [ lOther Development Type []Residential: Units_ Acres [ ]Water1'acilities: Type MGD [X]Office: Sq.ft:l40.000 Acres 35,31 Employees_ [ ]Transportation []Commercial: Sq.ft. _ Acres Employees _ []Mining: [ ]lndustrial: Sq,ft._ Acres_ Employees_ []Power: []Educational: [ ]Waste Treatment: [ ]Recreational: [ ]Hazardous Waste: [XlOther: Hos1)itaI408.160 SQ, 1'1.: Cancer Cent~r~Q.OOQSjll'l,.: Fitn.ess CJlJlter 8.000 So Ft. --- Project Issues Discussed in Document [X]AestheticNisual [X]1'lood PlainfFlooding [ ]SchoolSfUniversities [X] Water Quality [ ]Agricultural Land [ ]1'orest Land/Fire Hazard [ ]Septic Systems [ ]Water supplyfgroundwater [X]Air Quality [X]GeologicfSeismic [X]Sewer Capacity [ ]WetlandfRiparian [X]ArcheologicallHistorical [ ]Minerals [X]Soil Erosion/Compaction/Grad [ ]Wildlife [ ]Coastal Zone [X]Noise [ ]Solid Waste [ ]Growth Inducing [ ]Drainagef Absorption, [X]populationIHousing Balances[X]ToxicfHazardous [X]Land Use [ ]Economic/Jobs [X]Public ServicesfFacilities [X]Traffic/Circulation [ ]Cumulative Effects r I1'iscal r lRecreationlParks [ ]Vegetation rXIOther: Light & Glare Present Land Use: Vacant Current Zoning: Professional Office and Planned Development Overlay (PDO-8) General Plan Use: Professional Office Project Description: The proposed project includes a General Plan Amendment, Zone Change (PDO-X) Development Plan, Conditional Use Permit and a Tentative Parcel Map. The General Plan Amendment is a request to eliminate the Z2 overlay area from the General Plan, which currently limits Ihe height of buildings along Highway 79 to 2 stories. The Zone Change is a request to change the zoning from Professional Office and DePortola Road Planned Development Overlay (PDO-B) to Temecula Hospital Planned Development Overlay (PDO-9). The proposed PDO-9 allows a height up to 115 feet for 30% of roof areas for hospital and tt medical offices. The Development Plan and Conditional Use Permit is a request to construct approximately 565,260 square feet of hospital, medical office, cancer center and a fitness rehabilitatio.n center space on 35.31 acres. The Tentative Parcel Map is a request to consolidate eiqht (B) lots into one (Hparcel. Mail to: Slate Clearinghouse, 1400 Tenth Street, Sacrnmento, CA 95814 (916) 445'()613 Contact Person: Dan Long Title: Associate Planner Phone: (951) 694-6400 Within 2 miles State Hwy #: Interstate 15, Highway 79 South Airports: Nf A Waterways: Temecula Creek Railways: None Schools: Sparkman Elementary, Rancho Community (private school under construction) [X]Negative Declaration []Supplement ElR [ IDraft ElR [ ISubseQuent ElR [ ]ElR (prior SCH #) [ lOther [ ]Specific Plan [ ]Master Plan [ ]Planned Unit Development [X]Site Plan/Plot Plan [X]Rezone [ ]Prezone [X]Use Permits [X]Subdivision of Land [ ]Annexation [ ]Redevelopment [ ]Coastal Permit [ ]City Development Project Type Mineral Type Type Type R:\C U Pl2004\04-0463 Temecula Regional HospitallNOTICE OF COMPLEfION-Hospital-l.doc I REVIEWING AGENCIES CHECKLIST Resources Agency BoatinglWaterways Coastal Commission Coastal Conservancy Colorado River Board Conservation ...I Fish and Game Forestry i Office of Historic Preservation Parks and Recreation Reclamation S.F. Bay Conservation & Development Commission Water Resources (DWR) Business, Transportation, & Housing i Aeronautics L California Highway Patrol L Caltrans District No. -L c i Department of Transportation Planning (Headquarters) Housing & Community Development Other State & Consumer Services General Services i aLA (Schools) Public Review Period: KEY S=Document sent by lead agency X=Document sent by SCH T=Suggested distribution Environntental Affairs Air Resources Board L APCD/AQMD L California Waste Management Board SWRCB: Clean Water Grants SWRCB: Delta Unit ...I SWRCB: Water Quality SWRCB: Water Rights i Regional WQCB # 9 ( ) Youth & Adult Corrections Corrections Independent Commissions & Offices Energy Commission l Native American Heritage Commission Public Utilities Commission Santa Monica Mountains Conservancy State Land Commission Tahoe Regional Planning Agency Food & Agriculture Health & Welfare L Health Services . Ending Date: April 6, 2005 Starting Date: March 8, 2005 Signature ~~ ~ ~ Date March 3, 2005 - Lead Agency (Complete if Applicable): City of Temecula 43200 Business Park Drive Temecula, CA 92590 Contact: Dan Long Phone (951) 694-6400 Applicant: Universal Health Services, Inc. Address 367 South Gulph Road King of Prussia, PA 19406 Phone (610) 768-3300 For SCH Use Only: Date Received at SCH Date Review Starts Date to Agencies Date tQ SCH Clearance Date Notes: R:\C U P\2004\04-0463 Temecula Regional Hospital\NOTICE OF COMPLETION-Hospital-l.doc 2 City of Temecula Planning Department Notice of Intent to Adopt a Mitigated Negative Declaration PA04-0462 General Plan AmendmentlZone Change PA04-0463 Development Plan/Conditional Use Permit PA04-0571 Tentative Parcel Map Universal Health Services, Inc, 367 South Gulph Road, King of Prussia, PA 19406 North of Highway 79 South and south of De Portola Road, approximately 500 feet west of Margarita Road. Assessor's Parcel Numbers 959-080-001 through 004 and 007 through 010. PA04-0462 General Plan Amendment and Zone Change; The project site is located in an area identified as Z2 in the General Plan. The Z2 area is located between De Portola Road, a residential area to the north, a state Highway to the south and Professional Office (PO) and commercial uses to the west and east. The current language restricts the height of buildings within the Z2 area. The proposed project is a request to eliminate the Z2 overlay designation. The zone change is a request to change the zoning from Professional Office (PO) and De Portola Road Planned Development Overlay Zone-8 (PDO-8) to the T emecula Hospital Planned Development Overlay-9 (PDO-9). The proposed PDO-9 allows a height up to 115 feet for 30% of roof areas for hospitals. PA04-0463 A Development Plan and Conditional Use Permit to construct approximately 566,160 square feet of hospital, medical offices, cancer center and fitness center space on 35.31 acres. PA04-0571 A Tentative Parcel Map (TPM 32468) to consolidate eight (8) 10,ts into one (1l parcel. The City of T emecula intends to adopt a Mitigated Negative Declaration for the project described above. Based upon the information contained in the attached Initial Environmental Study and pursuant to the requirements of the Califomia Environmental Quality Act (CEQA), it has been determined that this project as mitigated will not have a significant impact upon the environment. As a result, the Planning Commission intends to recommend the City Council adopt a Mitigated Negative Declaration for this project. The mitigation measures required to reduce or mitigate the impacts of this project on the environment are included in the project design, conditions of approval and/or the Mitigation Monitoring Program which is attached to this notice will be included as part of the Mitigated Negative Declaration for this project. The Comment Period for this proposed Negative Declaration is March 8, 2005 to April 6, 2005. Written comments and responses to this notice should be addressed to the contact person listed below at the following address: City of Temecula, P.O. Box 9033, Temecula, CA 92589-9033. City Hall is located at 43200 Business Park Drive. The public notice of the intent to adopt this Mitigated Negative Declaration is provided through: X The Local Newspaoer.,?5., PostinR the Site. !. Notice to Adjacent Prooertv Owners. If you need additional information or have any questions conceming this project, please contact Dan Long, Associate Planner at (951) 694-6400. ~ . PROJECT: APPLICANT: LOCATION: DESCRIPTION: . Prepared by: Dan Lona. Associate Planner. (Name and Title) (Signature) . R:\C U P\2QlM.\04-0463 Temecula Regional Hospital\Notice of Intent-Hospitall.doc 1 Vicinity Map I , . l\.:\C U \1\2004\04-0463 Temecula Regional Hospita1\Notice oflntent-Hospitall.doc 2 . . . City of Temecula Planning Department Agency Distribution List PROJECT: Planning Application No. PA04-0462 General Plan AmendmenVZone Change (PDO-9) Planning Application No. PA04-0463 Development Plan/Conditional Use Permit Planning Application No. PA04-0571 Tentative Parcel Map (32468) DISTRIBUTION DATE: March 3, 2005 CITY OF TEMECULA: Building & Safety .....................................( ) Fire Department.......................................( ) Police Department ...................................( ) Parks & Recreation (TCSD).....................( ) Planning, Advance ...................................( ) Public Works............................................( ) .........( ) STATE: Caltrans ...................................................( ) Fish & Game............................................( ) Mines & Geology......................................( ) Regional Water Quality Control Bd ..........( ) State Clearinghouse ................................( ) State Clearinghouse (15 Copies)............ (X) Water Resources .....................................( ) .......( ) FEDERAL: Army Corps of Engineers........................ (X) Fish and Wildlife Service ........................ (X) .........( ) .........( ) REGIONAL: Air Quality Management District ..............( ) Western Riverside COG ..........................( ) .......( ) CITY OF MURRIETA: Planning...................................................( ) .......( ) R:\C U P\2004\04-0463 Temecula Regional Hospital\Notice of Intent-Hospita11.doc 3 CASE PLANNER: Dan Long RIVERSIDE COUNTY: Clerk and Recorder's Office ....................( ) Airport Land Use Commission................. ( ) Engineer .................................................. ( ) Flood Control...........................................(X) Health Department ..................................(X) Parks and Recreation .............................. ( ) Planning Department.............................. .(X) Habitat Conservation Agency (RCHCA) ..(X) Riverside Transit Agency.........................(X) ...... ( ) UTILITY: Eastern Municipal Water District .............(X) Inland Valley Cablevision ........................(X) Rancho CA Water District, Will Serve .....(X) Southern California Gas ............:.............(X) Southern California Edison......................(X) Temecula Valley School District ..............(X) Metropolitan Water District ...................... ( ) OTHER: Pechanga Indian Reservation .................(X) Eastern Information Center .....................( ) Local Agency Formation Comm ..............( ) RCTC .....................................................( ) Homeowners' Association (2) .............. (X) City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Proiect Title lead Ag~ncy Name and Address Contact Person and Phone Number Project Location Project Sponsor's Name and Address General Plan Designation . Zoning . Description of Project Surrounding Land Uses and Setting Other public agencies whose approval is required ~ I I I I Environmental Checklist , Temecula Regional Hospital City ofTemecula, P.O. Box 9033, Temecula, CA 92589-9033 Dan lonq, Associate Planner (951) 694-6400 North of Highway 79 South, south of De Portola Road and apPJoximately 700 feet west of Margarita Road UHS of Delaware, Inc. 367 South Gulp Road. King of Prussia, PA 19406 Professional Office (POl. Existing: Professional Office (PO) and Planned Development Overlay-8 (PDO-8) Proposed: Planned Development Overlay (PDO-9). The proposed project includes a General Plan Amendment, Zone Change, Development Plan, Conditional Use Permit, and a Tentative Parcel Map (Map 32468). The General Plan Amendment is a request to eliminate the Z-2 overlay designation from the General Plan. The Z-2 designation currently limits the height of buildings to two stories within the project area. The zone change is a request to change the zoning of the project site from Professional Office and Planned Development Overlay (PDO-8) to Planned Development Overlay (PDO-9). The proposed PDO-8 allows a height up to 115 feet for 30% of roof areas for hospital and medical offices. The Development Plan and Conditional Use Permit is a request to construct approximately 566,160 square feet of hospital, medica office, cancer center and fitness rehabilitation center and a helip. space on 35.31 acres. The Tentative Parcel Map (Map 32468) is a request to consolidate eight (8) lots into one (1) parcel. This Initial Environmental Study (IES) has been prepared for the hospital and related medical office buildings. While the overall project must comply with the requirements of the City Planning Department, the building requirements for the hospital buildings are under the sole control of the State of California. As a result, to the extent required by law all references in the IES and draft Mitigation Monitoring Program with respect to building and occupancy permits are intended to apply only to the non-hospital facilities. Surrounding land uses include Highway 79 South and single-family residences to the south, single-family residential to the north, professional office, commercial and educational to the west (currently under construction) and existing offices and commercial to the east. Temecula Creek is approximately 1000 feet to the south and Interstate 15 is located approximatelY 2 miles to the west. Other public agencies which may require approval and/or subsequent permits include; U.S Army Corps (USACE), California Department of Fish and Game (DFG.), U.S. Department of Fish and Wildlife (USFWS.), Cal Trans, Regional Water Quality Control Board (RWQCB), Rancho California Water District (RCWD), Riverside County Flood Control, Airport land Use Commission (ALUC), California State Division of Aeronautics, Riverside County Heal. Department. R\C U P\2004\04-0463 Temecula Regional Hospital\lnitial Study DRAFT-Hospital~1.doc 1 e I e . Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. I X Aesthetics I AQriculture Resources I X Air Quality. I X BioloQical Resources I X Cultural Resources. I X Geoloqv and Soils I X Hazards and Hazardous Materials I X HvdroloQV and Water Quality I Land Use and Plannino Mineral Resources X Noise X Population and HousinQ X . Public Services Recreation X Transportationffraffic X Utilities and Service Systems Mandatory FindinQs of SiQnificance None Determination On the basis of this initial evaluation: X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be-prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the proiect proponent. A MITIGATED NEGATIVE DECLARATION will be orepared. II find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is reauired. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the prooosed oroiect, nothinQ further is reauired. Signature Date Dan Lona. Associate Planner Printed name For R:\C U P\2004\04-0463 Temecula Regional Hospita~lnitial Study DRAFT-Hospital-1,doc 2 . ..' - - Have a substantial adverse effect on a scenic vista? I Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? I Substantially degrade the existing visual character or qualitv of the site and its surroundinas? Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? :g1t~~;:~ ""~!!!\A,,,. "..rlni~lfCl;' I X I X 1. AESTHETICS. Would the project: ' I a. b. I c. d. X X Comments: 1. a. and b.: No Impact According to the City of Temecula General Plan, the proposed project is not located on or near a defined scenic vista, therefore, there will not be an adverse impact on a scenic vista. The surrounding residential areas of the project site maintain views of mountain areas such as Palomar Mountain. The proposed project includes two towers that are 5 and 6 stories high and medical office buildings up to 4 stories. It is anticipated that some private views will be impacted as a result of the project; however these views are private and not considered a public impact to the community. The surrounding residential areas are higher in elevation than the pad elevation of the proposed hospital (see Section 1.c. below for elevation analysis). The difference in elevation will reduce the view impacts because the proposed buildings will not appear as tall. In addition, the view of the surrounding areas from the project site will be impacted due to the propose. structures on the site. The project site is a private site and does not include public views that are considered. public benefit. The project site is not located on a- defined scenic highway. The project site is currently vacant with no structures, significant trees or rock outcroppings on the site. Therefore, the proposed project would not substantially damage scenic resources, including trees, rock outcroppings or historic buildings. Due to the fact that the project site is vacant with no scenic vistas or known resources, the project would not substantially degrade the existing visual character or the quality of the site and its surroundings. No impact is anticipated as a result of the proposed project. 1. c: Less than Significant Impact with Mitigation Measures: The project site is located between a State Highway (79 South) to the south and very low, density residential (2.5 acre minimum) to the north. The residential area is elevated above the project site. The elevation of the project at the nearest footprint of the towers is approximately 1,053'; the elevation of DePortola Road is approximately 1,065'; the elevation of the midpoint of Pio Pico Road is approximately 1,101 and the high point of the hilltop residences to the north of the project site is approximately 1,223'. The proposed project includes a 60,000 square foot, three story medical office building (60' height), 80,000 square foot four story medical office building (73' height), a 408,160 square foot hospital structure including two towers of five and six stories (106' height), a 10,000 square foot single story cancer center and an 8,000 square foot, single story fitness rehabilitation center. According to the City of Temecula General Plan, the project site does not include any scenic resources and is not known for its visual character. The project site is surrounded by urban development and is considered an in-fill development site. There is no public viewing areas in the immediate vicinity that would be impacted as a result of the proposed project. While the project will be visible from various residential lots, a less than significant impact is anticipated because the views are considered private and are not considered to be of public benefit. The applicant i.S proposing numerous evergreen trees such as Afghan Pine, Coast Live Oaks and Silk Trees along th perimeter of the site between the residences and the hospital, which will buffer the visual appearance of the R:\C U P\2004\04-0463 Temecula Regional Hospila~lnitial Study DRAFT -Hospilal-1.doc 3 buildings. The elevation of De Portola Road and adjacent residences to the north is greater than the elevation of the pad areas. The building height, therefore will appear slightly lower than the actual height from the residences to the north. .1. d.: Less Than Significant Impact: The proposed project is currently vacant with no sources of light or glare. The proposed project will introduce new generators of light and glare typically associated with a hospital and medical offices (up to 6 stories in height). The project will introduce outdoor lighting and is required to comply with the City of Temecula Design Guidelines, Development Code and Riverside County Ordinance 655. Ordinance 655 requires outdoor lighting to be directed down and fully shielded. The Development Code and Design Guidelines require minimizing illumination levels onto adjacent property lines. A minimum of one- foot candle illumination is required in all parking, loading and circulation areas and a minimum of two-foot candle illumination is required for the main entries of each building. Lighting is required to be directed down and fully shielded to reduce the amount of glare into the night sky and onto adjacent parcels. The applicant has proposed low-pressure sodium outdoor lighting fixtures, which is consistent with Ordinance 655. In addition, the project includes conditions of approval requiring all outdoor lighting to be directed down and fully shielded. The two towers do have the potential of emit glare from the upper floors, however as a condition of approval, all windows above the second floor will require glazing and/or tinting in order to reduce the glare. Glazing and/or tinting will reduce the illumination and/or glare from the proposed project. The City of T emecula requires all new development to comply with the Riverside County Mount Palomar Ordinance 655. Ordinance 655 requires lighting to be shielded, directed down to avoid glare onto adjacent properties and emit low levels of glare into the sky. Decorative lighting is allowed, however decorative lighting is required to be shut-off by 11 :00 P.M. By shutting off decorative lighting at 11 ;00 PM, the amount of light and/or glare will be reduced during late evening hours, thus preserving the visibility of the night sky for scientific research from the Mount Palomar Observatory. The following are Mitigation Measures and/or Conditions of Approval and are required as a part of the ~oposed project and will be imposed via condition or agreement, either of which will ensure the impact is ."itigated to a less than significant level: a. Comply with Riverside County Mount Palomar Ordinance 655. All lighting shall be fully shielded, directed down and parking lot lighting shall be low-pressure sodium. Decorative lighting shall be shut-off by 11 :00 P.M. b. Prior to issuance of a building permit, the applicant shall submit a photometric plan detailing the proposed light levels for the entire project site, onto adjacent project boundaries and vertical fugitive light including means to mitigate. Corresponding criteria for helicopter/heliport uses and ambulance light use and operations shall also be prepared and include means to mitigate. c. The applicant shall comply with the City of Temecula Development Code and Design Guidelines for General Commercial lighting standards, which require minimum and maximum lighting levels in parking lot areas, loading areas, pedestrian circulation areas, primary building entries and lighting at project boundaries. d. All windows above the second floor of the hospital andfor medical office buildings shall maintain glazed windows and/or tinting (non-reflective glass/windows) to reduce the amount of glare that is emitted from the upper floors. . e. The Applicant shall plant, irrigate as necessary and replace as necessary mature trees (24-inch or greater) and shrubs (15 gallon or greater) around the perimeter of the project site and include berming or a solid wall with acoustic attenuation along the northern property line and where the project site abuts residential parcels. The Planning Director shall approve the final design of any walls and/or berming and landscaping. Enhanced landscaping may be required along the northern property line and adjacent to residential parcels in order to screen aesthetic impacts. R:le U P\2004104-0463 Temecula Regional Hospita~lnitial Study DRAFT-Hospital-1,doc 4 2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources ar_ significant environmental effects, lead agencies may refer to the California Agricultural Lan Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a. . . . Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-aqricultural use? I Conflict with existing zoning for agricultural use, or a Williamson Act contract? Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-aqricultural use? x b. x c. x Comments; 2. a. b.; No Impact: The project site is not currently in agricultural production. In the recent past (at least 15-20 years) the site has not been used for agricultural purposes. The project site was historically used for agricultural uses as noted in the Historical/Archaeological Resources Survey Report prepared by CRM Tech September 17, 2004. During the mid 1800's the project site was cultivated as an agricultural field. HoweveA the project site has not been utilized for agricultural purposes for many years and is not considered a valuabl'" agricultural resource. The site is not under a Williamson Act contract nor is it zoned for agricultural uses. This property is not considered prime or unique farmland of statewide or local importance as identified by the State Department of Conservation and the City of Temecula General Plan. In addition, the project will not involve changes in the existing environment, which would result in the conversion of farmland to non-agricultural uses. No impact is anticipated as a result of the proposed project. 2. c.; Less Than Significant Impact: The proposed project could, because of its regional significance, cause other agricultural farmland to be converted to a non-agricultural use. There are some remaining agricultural uses in the City's sphere of influence (Corona Ranch) and surrounding areas that could be converted to uses other than agricultural, however the conversion of these lands to uses other than agricultural is not considered a result of the proposed project. The region of southwest Riverside County and northern portions of San Diego County have experienced a rapid period of growth that precluded the proposed project. Therefore, the growth of the surrounding area is a result of external economic forces rather than the proposed project. A less than significant impact is anticipated as a result of the proposed project. . R:\C U P\2004\04-0463 Temecula Regional Hospila~lnitial Study DRAFT-Hospital-1,doc 5 I a. lb. c. I d. Ie. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Conflict with or obstruct implementaiion of the applicable air (lualitv plan? Violate any air quality standard or contribute substantially to an exil;tina or proiected air auality violation? Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed auantitative thresholds for ozone orecursors)? I Expose sensitive receptors to substantial pollutant concentrations? I Create objectionable odors affecting a substantial number I of peoDle? I I x x x x x Comments; 3. a.-e.: Less Than Significant with Mitigation Measures: An Air Quality Study for the proposed project was .repared by Regulation Compliance inc., Temecula Regional Medical Center Air Quality Study, December 16, _00. The study identified two primary areas of concern that may cause potentially significant impacts; construction emissions and operational emissions. The below table summarizes the daily construction emissions for the proposed project. Table 1 'Dailv Construction Emissions I Emissions Source Pollutants (Ibs/day) ROG NOx CO PM10 Construction Emissions I 42 266 353 363 Mitigated Construction I 42 266 353 184 Emissions I SCAQMD Significance I 75 100 550 150 Thresholds I Exceed Thresholds? I NO YES NO YES The NOx and PM10 emission levels exceed the SCAQMD threshold levels of significance. However, while the NOx and PM10 levels cannot be mitigated to a level that does not exceed the threshold, PM10 can be mitigated to a level much less than without mitigations. . R:le U P\2DD4ID4-0463 Temecula Regional Hospita~lnitial Study ORAFT-Hospital-1.doc 6 The below table summarizes the daily operational emissions for the proposed project. Table 2 Dailv ODerational Emissions r Emissions Source I Pollutants (Ibslday) , I I ROG NO. CO PM10 I Area Source Emissions I 0.4 3.83 2.51 0.01 I I Vehicular Source Emissions I 81.1 101.64 1071.46 115.4 I Total Unmitigated Emissions I 81.49 105.47 1073.97 115.41 I I I Unmitigated Area Source I 0.4 3.83 2.51 0.01 Emissions I Mitigated Vehicular Source I 76.46 95.13 1002.98 108.01 Emissions I Total Mitigated Emissions 76.86 98.96 1005.49 108.02 I SCAQMD Significance I 55.0 55.0 550.0 150.0 Thresholds I Exceed Thresholds? I YES YES YES NO Table 2 above identifies ROG, NOx and CO as exceeding the SCAQMD thresholds levels of significance. The primary generator of operational emissions is from vehicular source emissions. Area source emissions SUCh. healers, air condition units and other machines are not considered a significant generator of emissions. The study (Regulation Compliance, December 16, 2004) has concluded that the implementation of the project would result in short-term impacts as well as long-term impacts. The short term impacts are a result of the exceedance of SCAQMD's thresholds for ROG and NOx during construction activities. The long term impacts are a result of exceedance of SCAQMD's thresholds for ROG, CO and PM10. The proposed project is located in the southwest portion of the South Coast Air Basin. The Environmental Protection Agency designates areas of Ozone (OJ), Carbon Monoxide (CO) and Nitrogen Oxides (NOx) as either "Does not meet the primary standards", "Cannot be classified", or "Better than national standards". The primary air quality problems in the area are ozone and particular matter. The Basin has been designated as an "extreme" non-attainment area for ozone. The Basin exceeds both the state and federal standards for ozone and both the state and federal standards for particular matter PM1O. The State standard for Ozone (03) is 0.09 parts per million (PPM) for one hour and the Federal standard is 0.12 ppm for one hour. The state standard for oxides of Nitrogen (NOx) is 0.225 ppm for one hour and the Federal standard is 0.53 ppm annual average. The State and Federal standards for carbon monoxide (CO) are 9 ppm and 9,5 ppm respectively averaged over eight (8) hours. The State standard for particular matter (PMlO) is 50 micrograms per cubic meter over 24 hours and the Federal standard is 150 micrograms per cubic meter over 24 hours. The Air Quality Management District no longer maintains a station for measuring air quality standards in the Temecula area. The closest stalion to the project site is the Lake Elsinore station, which was used as a reference station for the Air Quality Study (Temecula Regional Medical Center, Air Quality Study, December 16,2004). The study (Regulation Compliance, Inc., December 16 2004) includes language indicating that d. to the geographical location and the wind pattern of the area (Elsinore Convergence Zone), Temec~ generally maintains cleaner air quality that other parts of Riverside County. R:\C U P\2004\04-0463 Temecula Regional HospitamniUal Study ORAFT-Hospital-1,doc 7 The most productive method for reducing vehicle emissions aim at reducing vehicle miles traveled. Alternative modes of transportation, sidewalks, trails, street and parking lot lighting using low-sodium vapor lights, mature arees, drought resistant vegetation, pedestrian signalization and signage at significant intersections adjacent to Whe project site assist in reducing the impacts from emissions. The above measures are designed into the proposed project and/or will be required as conditions of approval and/or mitigation measures. Transportation Demand Management (TDM) will also be required, which includes incentives for employees utilizing alternative mode of transportation, including preferential parking for car and vanpools, offering flex schedules to employees and encouraging employees to utilize mass transit such as local buses. TDM practices are designed into the proposed project and/or will be required as conditions of approval and/or mitigation measures. The applicant has proposed a Riverside Transit Agency (RT A) bus turn-out along Highway 79 South, which will provide alternative opportunities to employees. The applicant is required to cooperate with RT A and Caltrans to finalize the location and design of the bus stop. The proposed project may potentially result in a cumulatively considerable net increase of pollutants for which the project region is considered non-attainment under an applicable federal or state ambient air quality standard. The proposed project is not considered a significant pollutant generator in regards to the immediate surrounding area. However, the project site may be a significant pollutant generator for the South Coast Air Basin since the basin is currently a non-attainment area. The air quality study identifies the Temecula area as having significantly cleaner air than the other areas in the South Coast Air Basin. The cleaner air in the Temecula area is due to the geographical location and prevailing wind pattem. While the project site is located within a non-attainment area, the project as a stand along project is not considered to emit pollutants considered significant. The applicant is required to comply with the mitigation measures outlined in the City of Temecula EIR and as specifically discussed below. _he City of Temecula has adopted and certified an Environmental Impact Report for the Citywide General Jan. The EIR identified various significant impacts that could not be mitigated to a less than significant level. he City Council of the City of Temecula adopted Resolution 93-90, a statement of overriding consideration for these impacts that could not be mitigated to a less than significant level. Included as part of the statement of overriding consideration were air quality standards and compliance with SCAQMD air quality plan. The application includes a General Plan Amendment and zone change; however these applications request a change to the height of the building only. The applications do not request an intensification of the uses allowed, floor area ratio, or lot coverage of the project site. The proposed project is consistent with land use designation within the current General Plan and is also consistent with the development standards (lot coverage and floor area ratio) in the Development Code. The maximum permitted lot coverage is 50% and the maximum Floor Area Ratio 50%. The project site is 35.31 acres (1,538,118.6 square feet). The project proposes a Lot Coverage of 15.7% (242,975 square feet) and a Floor Area Ratio of 36% (565,260 square feet). If the hospital project was not proposed, the maximum lot coverage of a commercial or other office project on the project site would be 769,059 square feet (50%). The maximum floor area ratio for the project site would also be 769,059 square feet (50%). The proposed project is well below the maximum permitted lot coverage and floor area ratio permitted in the Professional Office zone. Therefore, the proposed project is consistent with goals and policies within the General Plan. The proposed project is a hospital facility, which will house elderly, ill and others defined as sensitive receptors. The proposed project could potentially expose sensitive receptors to substantial pollutant concentration and could potentially create objectionable odors affecting a substantial number of people. Since the proposed project is a hospital facility, it will attract people of age and other ill persons, which may be sensitive to odors, dust and/or other pollutants. The following Conditions of Approval andfor Mitigation Measures will be incorporated on the following &titlements as a part of the proposed project (General Plan Amendment, Zone Change, Development Plan, ~onditional Use Permit and Tentative Parcel Map); R:le U P\2004104-0463 Temecula Regional Hospita~lnitial Study ORAFT-Hospital-1,doc 8 a. The applicant shall comply with all the recommended mitigation measures set forth in the Air Quality Study prepared by Regulation Compliance Incorporated, dated December 16, 2004. Prior to the issuance of a building permit, the Applicant shall submit written proof of the satisfacti_ of each of the below mitigation measures to the Planning Department. b. The applicant shall properly maintain all waste related enclosures and facilities and comply with the state emission controls to ensure against project site related odors during construction and subsequent use. c. All hazardous materials, bio-hazardous waste, medical service waste and general wastes shall be discarded in compliance with county, state and/or federal regulations. Prior to the issuance of a Certificate of Occupancy for the hospital facility, the Applicant shall submit an approved hazardous waste storage and removal plan from the State of California and/or Riverside County Health Department to the City of Temecula Planning Department. d. All refuse areas shall be completely enclosed and include a covered roof subject to the approval of 'the Planning Director. Refuse areas shall be maintained within an enclosed structure and covered at all times, except during pick-up times for off-site removal. e. The applicant shall provide a clear path of travel for pedestrians, including directional signs to/from the public streets (Dartolo Road, De Portola Road, and Highway 79 South), to promote alternative tra nsportation. f. Prior to issuance of building permit, the Applicant shall coordinate with the Riverside Transit Agency (RTA) and Caltrans for a final location, design and type of stage area (or turn-out) appropriate for the project site. Written authorization and final approved design plans shall be submitted to the Cia of Temecula Planning Department. _ g. The applicant shall incorporate and encourage Transportation Demand Management (TDM) techniques for reducing vehicle trips during construction as well as during the daily operations of the hospital facility. TDM techniques shall include, but not be limited to the following; encouraging car and vanpooling, offering flex hours and/or flex schedules during the on-going operation of the facility. Written proof of such program shall be submitted to and approved by the Planning Director prior to the issuance of a grading permit for construction activities and prior to the issuance of a Certificate of Occupancy for the operation of the medical offices and hospital. h. The applicant shall incorporate energy efficiency standards as defined by Title 24 into the project. The applicant shall comply with the latest Title 24 standards. i. The applicant shall submit a final landscape plan for the project site incorporating native drought- resistant vegetation and mature trees (15 gallon, 24-inch box and 36-inch box). If more than 100 days elapses from the time grading is complete and beginning of construction, the City of Temecula may require temporary landscaping to reduce the amount of dust and prevent dust and erosion to be conducted at the Applicant's sole expense. j. Prior to the issuance of a grading permit and during the duration of construction activities, the Applicant shall verify in writing (to the Planning Department) that all earth moving and large equipment are properly tuned and maintained to reduce emissions. In addition, alternative clean- fueled vehicles shall be used where feasible. Construction equipment should be selected and deployed considering the lowest emission factors and highest energy efficiency reasonabja possible. _ R:\C U P\2004104-0463 Ternecula Regional Hospitalllnitial Study ORAFT-Hospital-l,doc 9 . . . k. Electrical powered equipment should be utilized in-lieu of gasoline-powered engines where feasible. I. During construction and all grading phases, the project site shall be watered down, to prevent fugitive dust and erosion, in the moming before grading and/or before construction begins and in , the evening once construction and/or grading is complete for the day. The project site shall be watered down no less than 3 times (not including the morning and evening water-down) during construction and/or grading activities. to reduce dust. The applicant shall comply with Rule 403, Fugitive Dust from the SCAQMD Rules and Regulations as well as industry accepted best management practices (BMP's). A note with the above information shall be provided on all grading and construction plans and shall be subject to periodic monitoring by City personnel. m. Prior to the issuance of a grading permit, a watering program shall be submitted to the City of Temecula Planning Department for approval. Said program shall include control of wind-blown dust on-site and on adjacent access roadways. The City Engineer reserves the right to modify this requirement as necessary based upon the circumstances that present themselves during the project construction. n. All trucks exporting and/or importing fill to/from the project site shall use tarpaulins to fully cover the load in compliance with State Vehicle Code 23114. Material transported in trucks off-site (to and/or from the site) shall comply with State Vehicle Code 23114, with special attention to Sections 23114(b) (2) (F), (b) (F), (e) (2) and (e) (4) as amended. Material transported on-site shall be sufficiently watered or secured to prevent fugitive dust emissions. Lower portions of the trucks, including the wheels shall be sprayed with water, which shall be properly managed so as to prevent runoff, to reduce/eliminate soil from the trucks before they leave the construction area. o. Prior to the issuance of a grading and building permit, the applicant shall submit verification that a ridesharing program for the construction crew has been encouraged and will be supported by the contractor via incentives or other inducements. p. During the course of the project grading and construction, the applicant shall post signs on-site limiting construction related traffic and all general traffic to 15 miles per hour or less. q. The Applicant shall establish construction equipment and supply staging areas located at least 500 feet from the nearest property line of a residentially improved parcel (preferably the southeast corner of the project site). r. In addition to the foregoing, all graded and excavated material, exposed soil areas, and active portions of the construction site, including unpaved on-site roadways shall be treated to prevent fugitive dust. Treatment shall include, but not necessarily be limited to periodic watering, application of environmentally safe soil stabilization materials and/or roll-compaction as appropriate. Watering shall be done as often as necessary, but no less than 3 times per day, not including morning and evening watering. Reclaimed water shall be used whenever possible. Daily watering shall include complete coverage of the site. City personnel shall monitor on-site conditions and may from time to time, require additional treatment by the Applicant, at it's sole cost. s. Graded and/or excavated inactive areas of the construction site shall be monitored by the Applicant at least weekly to ensure continued dust stabilization. Soil stabilization methods such as water and roll compaction and environmentally safe dust control materials, shall be periodically applied to portions of the construction site that are inactive for over four days. If no further grading or excavation operations are planned for the area, the area shall be seeded and watered to establish and maintain grass growth, or periodically treated with environmentally safe dust suppressants, to prevent excessive fugitive dust. City staff shall be advised of the election of treatment made by the Applicant. R:le U P\2004\04-0463 Temecula Regional Hospita~lnitial Study ORAFT-Hospilal-1,doc 10 t. During the course of the project grading and construction, the Applicant shall sweep adjacent streets and roads so as to prevent the placement or accumulation of dirt in the roadway. Sweeping of adjacent streets and roads shall be done as necessary, but not less than once per day, at the end of each day of grading and/or construction. u. During periods of high winds (Le., wind speed sufficient to cause fugitive dust to impact adjace_ properties, generally wind speeds exceeding 20 miles per hour, averaged over an hour), the Applicant shall curtail all clearing, grading, earth moving and excavation operations as directed by the City Engineer, to the degree necessary to prevent fugitive dust created by on-site activities and operations from being a nuisance or hazard, either off-site or on-site, or as determined by the City Engineer at his sole discretion. v. The Applicant shall prepare and submit a comprehensive Fugitive Dust Control Plan to the City of Temecula. Said plan shall be reviewed and approved by the SCAQMD prior to the commencement of grading and excavation operations. w. The area disturbed by clearing, grading earth moving, or excavation operations shall be no greater than is necessary for project development so as to prevent excessive or unnecessary amounts of dust. x. All the necessary above control techniques shall be clearly indicated on the project grading and construction plans. Compliance with these measures shall be subject to periodic site inspections by the City. . . R:\C U PI2004\04-0463 Temecula Regional HospitaNnitial Study DRAFT-Hospital-1,doc 11 4. BIOLOGICAL RESOURCES. Would the project? a. b. c. d. e. - Have a substaniial adverse effeci, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the Califomia Department of Fish and Game or US Fish and Wildlife Service? Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vemal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? x x x x x x Comments: 4. a. c. d.; Less Than Significant Impact with Mitigation Measures: A habitat assessment study was prepared for the project site (Habitat Assessment, Amec Earth & Environmental, Inc., September 14, 2004). The study identified a man made flood control channel that parallels the eastern boundary of the project site, which contains riparian vegetation such as willows and Fremont Cottonwoods. Wetland vegetation, including cattails and bulrushes have also been identified within the manmade channel. The habitat within the channel is likely to be jurisdictional under the U.S. Army Corps of Engineers definitions. The project will be required, as a condition of approval, to construct a vehicular access bridge across this channel connecting to Dartolo Road, which may require Section 404 permits, subject to the Clean Water Act and U.S. Army Corps of Engineers and potentially clearances from the U.S Fish & Game and U.S. Fish and Wildlife Service. The presence of the flood channel may also require the approval of Riverside County Flood Control. The study (Amec Earth & Environmental, Inc. September 2004) concludes that a bridge with supports outside the channel will avoid any streambed alteration, placement of fill into the channel and the encroachment into jurisdictional areas. However, impacts to the riparian vegetation cannot be completely avoided. In order to mitigate impacts to the habitat, a qualified biological monitor is required to be present during the pre-construction site preparation of the bridge. In addition, if activity within the channel (or for, preparation for the construction of the bridge) is to occur between April 15 and July 15 of any year, focused surveys following standard protocols shall be provided a, detennine the presence/absence for the Least Bell's Vireo (Vireo bellii pusillus) and the Southwestern Wlillow Flycatcher (Empidonax traillii extimus). In the event either of these endangered birds are found, the R:\C U P\2004\04-0463 Temecula Regional Hospita~lnitial StUdy DRAFT-Hospital-1,doc 12 construction of the bridge (schedules) and associated activities shall be modified to avoid impacts and allow the birds to complete their reproductive cycles. A less than significant impact is anticipated as a result of the project with Mitigation Measures. 4. b. e.: No Impact: The project site is void of any natural riparian forests, coastal sage scrub, and nurse. sites. The project is not within a natural conservation plan or other local regional or state conservation plan, including area identified under the Multi-Species Habitat Conservation Plan (MSHCP). The project site has been grubbed and disturbed for many years in order to comply with the City's weed abatement ordinance (Ord. 8.16). There are some grasses on the project site, however they are not considered sensitive habitat, nor is the site a part of a wildlife corridor. No mature trees are present on the project site. 4. f; Less Than Significant Impact with Mitigation Measures: The proposed project is not located within a criteria cell of the MSHCP. The project site is not included in special survey areas for amphibians, mammals, or narrow endemic plants as stated the study by AMEC (September 14, 2004). However, the MSHCP guidelines recommended that a habitat assessment plan be prepared to assess the Burrowing Owl. The study prepared by Amec (September 14, 2004) concluded that the project site contains grasslands, which is potential habitat suitable for Burrowing Owls. The study recommended future studies prior to issuance of grading permits. The following Mitigation Measures are required as a part of the proposed project and enforceable pursuant to the respective entitlement to which each is conditioned: a. The Applicant shall submit documentation from the U.S. Army Corps of Engineers to the city Engineer, indicating the type of permits required to construct the vehicular bridge across the flood channel on the eastern portion of the project site. b. The applicant shall submit written verification from the U.S. Department of Fish and Game and the U.S. Fish and Wildlife Service determining if any further biological studies or clearances ar~ required. ,., c. Focused surveys for Burrowing Owls are required within one month of any ground disturbing activities. If Burrowing Owls occupy the site, the City of T emecula shall be notified and passive or active relocation of the Owls is required following state and federal protocols. d. The applicant shall construct a bridge using supports outside the channel. e. A qualified biologist is required to be on-site during all pre-construction site preparation of the bridge across the channel. f. In the event any site preparation for the bridge takes place between April 15 through July 15, the applicant shall submit focused studies following standard protocol for the Least Bell's Vireo (Vireo bellii pusillus) and the Southwestern Flycatcher (Empidonax traillii extimus). In the event either of these endangered birds are found on-site, the construction of the bridge (schedules) and associated activities shall be modified to avoid impacts and allow the birds to complete their reproductive cycles. g. In the event any further conditions, mitigation measures or other regulatory requirement is imposed by any other agency with jurisdiction over the project, the City may require further environmental review. . R:le U P\2004104-0463 T emecula Regional Hospila~lnitial Study DRAFT -Hospital-1.doc 13 t:;:URAL RESOURCES. Wool.'" pro)oct r~X~~~J~t;~t~~ x b. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? Cause a substantial adverse change in the significance of an archaeoloQical resource pursuant to Section 15064.5? Directly or indirectly destroy a unique paleontological resource or site or uniaue QeoloQic feature? Disturb any human remains, including those interred outside of formal cemeteries? x a. c. x I d. x Comments: 5. a.; No Impact: A Phase I survey (Historical/archaeological resource survey report, Temecula Hospital Project, CRM Tech, September 17, 2004) has been prepared for the proposed project. The survey did not identify any historical resources as defined in Section 15064.5 on the project site. No impact is anticipated as a result of the proposed project. 5. b and c.: Less than Significant: The phase I survey did not identify the project site as a potential site for historical resources, including human remains. The archaeology survey (CRM Tech, 2004) recognizes the fact that the surrounding area is known to contain historical and archaeological resources; the project site is not known to include any sensitive resources. However, given the known sensitive resources discovered within ...ose proximity of the project site, conditions of approval are required. The project site is also a potential site ....r paleontological resources and conditions of approval are required. 5. d.; No Impact: The survey did not recognize the project site as a high potential for human remains. The project site was identified as an agricultural area. While there was significant historical activity around the project site, the project site itself is not anticipated to contain human remains. The following Conditions of Approval will be required as a part of the proposed project and shall be imposed as enforceable conditions under the entitlements issued for the project: a. Prior to the issuance of a grading permit, the applicant must enter into a written pre-excavation agreement with the Pechanga Band of Luiseno Indians that addresses the treatment and dispOSition of all cultural resources, human resources and human remains discovered on-site. b. The landowner agrees to relinquish ownership of all cultural resources, including archaeological artifacts found on the project site, to the Pechanga Band of Luiseno Indians for proper treatment and disposition to the extent authorized by law. c. The applicant shall provide on-site professional archaeological and paleontological monitoring during all phases of earthmoving activities at the applicant's sole cost. d. If culturally significant sites are discovered during ground disturbing activities, they shall be avoided and preserved consistent with this condition and the pre-excavation agreement referenced in the Mitigation Measure a above. . R:IC U P12004104-G463 Temecula Regional Hospita~lnilial Study DRAFT-Hospital-1,doc 14 . e. The applicant shall comply with all recommendations in the Historical/Archaeological Resource Paleontological Resources Assessment Report prepared by CRM Tech, dated September 17, 2004 and September 16, 2004 respectively, except as modified by these mitigation measures. i. Monitoring by a professional qualified paleontological, archaeological and PechanrA Tribe monitor is required during all ground disturbing activities. The monitor(s) sh7 each have the authority to temporarily halt and/or divert grading equipment to allow for removal of abundant or large specimens. The monitor shall remove samples of sediments, which are likely to contain remains of fossil invertebrates and vertebrates. ii. Collected samples of sediment shall be washed to recover small invertebrates and vertebrate fossils. Recovered specimens should be prepared so they can be identified and permanently preserved. iii. All specimens shall be identified, curated, and placed into a repository with permanent retrievable storage unless the pre-excavation agreement requires alternative treatment. iv. A report of findings, including an itemized inventory of recovered specimens, should be prepared upon completion of the steps outlined above. The report should include a discussion of the significance of all recovered specimens. The report and inventory, when submitted to the Lead Agency (City of Temecula), would signify completion of the program to mitigate impacts to the palentologic and archaeological resources. v. If any vertebrate remains are discovered during grading, a paleontologist and the city of Temecula shall be notified immediately. In the event any Pleistocene-age or older sedimentslresources are discovered, a program shall be prepared wilJii.. recommended mitigations to avoid impact to the resources unearthed. . . R:\C U P\2004\04-0463 Temecula Regional Hospitalllnitial Study ORAFT-Hospital-1,doc 15 6. GEOLOGY AND SOILS. Would the project: . . a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involvinQ: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geologv Special Publication 42. ii. I Stronq seismic ground shakinQ? iii. I Seismic-related Qround failure, includinQ liQuefaction? iv. I landslides? I Result in substantial soil erosion or the loss of topsoil? Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreadinQ, subsidence, liQuefaction or collal?se? Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or propertv? i Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? x x x x X x lb. c. X X d. X Comments: 6. a. i-iv and c: Less Than Significant with Mitigation Measures: A Geotechnical Investigation has been prepared for the proposed project (Geotechnical Exploration Report, Temecula Hospital Temecula, CA, PSI, Inc., May 14, 2004). The proposed project is located 1.6 miles from the Temecula segment of the lake Elsinore Fault. The proposed project will not rupture a known fault since there is not a fault located within the boundaries of the project site. The lake Elsinore Fault is classified as an active fault and has the potential to produce large magnitude earthquakes (PSI Inc., May 14, 2004). The project site has the potential for severe shaking in the event of a major earthquake on this or other nearby faults. The site, in its current condition includes subsurface strata that could experience excessive total and differential settlements under a combination of structural loads and seismically inducted soil liquefaction. Due to the presence of loose surficial soils, the study prepared by PSI, Inc., May 14, 2004, recommends over-excavation and recompaction for support of building slabs and pavements. Native soils may represent a negligible corrosive environment with respect to concrete and a moderately corrosive environment with respect to buried metals. The project site has a moderate risk for liquefaction and/or seismic settlement. Unless they are structurally supported, floor slabs should be designed to accommodate approximately 3-1/2 inches of settlement due to soil liquefaction and seismically induced consolidation of soil above the groundwater. The following Mitigation Measures are required as a part of the proposed project and will be established as enforceable conditions on the entitlements: a. The applicant shall comply with all the recommendations within the Geotechnical Exploration, prepared by PSI Inc., dated May 14, 2004 and as stated below without deviation. R:le U P\2004\04-0463 Temecula Regional Hospita~lnitial Study DRAFT-Hospital-1,doc 16 i. All existing pavements, utilities, vegetation, and other deleterious materials should be removed from areas proposed for construction. Stripping operations should extend a minimum of 10 feet beyond the proposed building limits, where practical. . ii. Existing near-surface soils shall be removed and replace as properly compacted fill. The depth of overexcavation should extend at least 12 inches below existing grade for slabs-on- grade and pavements, or 24 inches below existing grade if mat foundations are constructed. The exposed subgrade below the removal depth should be saturated, and densified using a heavy vibratory drum roller. The removed soils should be moisture conditioned to slightly above optimum moisture content and compacted to at least 90 percent relative compaction (based on ASTM Test Method 0157) until design finish grades are reached. This earthwork should extend at least four feet beyond building limits, wherever practical. iii. The first layer of fill material should be placed in a relatively uniform horizontal lift and be adequately keyed into the stripped and scarified (to at least 12 inches) subgrade soils. Fill materials, including import soils should be free of organic or other deleterious materials, have a maximum particle size of 3 inches or less and should possess an expansion index of less than 20 (UBC 18-2). Most of the on-site sols appear to be reusable as structural fill. During the course of grading operation, oversized material (particles greater than 3 inches) may be generated. These materials should not be placed within the compacted fill. iv. Fill should be placed in maximum loose lifts of 8 inches and should be moisture conditioned to slightly above the optimum moisture content and be compacted to at least 90 percent of the maximum density. If water must be added, it should be uniformly applied and thoroughly mix~d into the soil by disking or scarifying. Each lift of compacred-engineered fill should be tested by a representative of the geotechnical engineer prior to placement of subsequent lifts. The edges of compacted fill should extend 10 feet beyond the edges of buildings Pri. to sloping. v. Non-structural fill adjacent to structural fill should be placed in unison to provide lateral support. Backfill along building walls must be placed and compacted with care to ensure excessive unbalanced lateral pressure do not develop. The type of fill material placed adjacent to below grade walls must be properly tested by the geotechnical engineer with consideration for the lateral earth pressure used in the wall design. vi. In pavement areas, the upper 12 inches of finish subgrade should be removed/scarified; moisture conditioned to slightly above optimum moisture and compacted to at least 95 percent relative compaction based on Test Method 01557. the upper 12-inch densification should be performed immediately prior to the placement of base material and not during the initial grading operation. vii. As mentioned in the study by PSI, Inc., May 14, 2004, alluvial deposits underlie the site. As such, it is anticipated that shallow to moderate excavations can generally be achieved with conventional earthmoving equipment. viii. All grading operations should be performed in accordance with the requirements of the Uniform Building Code (1997 edition), PSI's Standard Guidelines for Grading Projects (Appendix E), and City of Temecula standards. 6. b.: Less than Significant Impact: The project will not result in substantial soil erosion or the loss of tOPsO_'1 The project site is relatively flat and will be developed in accordance with City standards, including Nation Pollution Discharge Elimination System (NPDES) standards, which require the implementation of erosion R:le U P\2004104-0463 Temecula Regional Hospita~lnitial Study DRAFT-Hospital-1,doc 17 control and best management practices (BMP's). The Final Environmental Impact Report for the City of Temecula General Plan has not identified any known landslides or mudslides located on the site or proximate to the site. Less than significant impacts are anticipated as a result of this project. a. d.: No Impact: According to the geotechnical study prepared by PSI Inc., May 14, 2004, the project is not located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property. The geotechnical exploration prepared by PSI Inc., dated May 14, 2004 also identifies the soils on the project site as 'very low expansion potential" as defined in the Uniform Building Code (UBC) Table No. 18-1-B. The project is required to comply with the recommendations in the investigation report prepared by PSI Inc., dated May 14, 2004. 6. e.; No Impact: The project site will not utilize septic tanks. A public sewer system is available and approvals from the Department of Environmental Health and/or Eastern Municipal Water District for solid wastes and waste water will be required prior to issuance of a building permit. The project will be required to connect to the public sewer system. No impacts are anticipated as a result of this project as the current sewer system and waste treatment facilities are adequate to process the anticipated flow from the proposed facility. . . R:IC U P\2004\04-0463 Temecula Regional Hospitalllnitial Study DRAFT-Hospital-1.doc 18 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: '$'"<'1<,', I ~,.,~~- ~o/1Jl!il""~,,t ':'~lI ,''t~~", ~ .., O.......~':. eM, - 't,',.,i' ^~",' \a~ fOacf;':;".. a. ' Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances,or acutely hazardous materials, substances, or waste within one- guarter mile of an existinQ or proposed school? d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or workinQ in the project area? ' f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? x x x x x x . x x Comments; 7. a. b. c.: Less than Significant: The project could potentially create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials. The proposed project consists of medical uses and will include the storage, use and transportation of hazardous materials. The proposed project is located within one-quarter mile of an existing elementary school. However, the proposed project is not anticipated to emit substantial emissions (except those discussed in the Air Quality study dated, September 14, 2004), materials or wastes that would create a significant impact. As a standard condition of approval, the applicant is required to submit to staff an approved hazardous materials storage and transportation plan (Hazardous Materials Management Plan), subject to the approval of the Riverside County Community Health Agency, Department of Environmental Health. A less than significant impact is anticipated as a result of the proposed project. . R:\C U P\2004\04-Q463 Temecula Reg!onal Hospitanlnitial Study DRAFT-Hospital-1,doc 19 7. d.: No Impact: The project site is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, would not result in a significant hazard to the public or the environment. No impact is anticipated as a result of the proposed project e. e.; No Impact: The proposed project is not located within the French Valley Airport Comprehensive Land Use Plan (CLUP). There are no other Airports located near the project. 7. f.; No Impact: The proposed project is not within the vicinity of an existing private airstrip and would not result in a safety hazard for people residing or working in the project area. The proposed project does include a private helipad, which will be used for emergency uses and the transportation of patients to other facilities. As a condition of approval, the flight path will be limited to commercial or highway areas to the extent practical and safe. A less than significant impact is anticipated as a result of the proposed project. 7. g.; No Impact: The proposed project is not located in an area and is not a portion of an emergency response or evacuation plan. Therefore the project would not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. The proposed project, which is a regional hospital facility, will actually assist in local treatment for the injured, especially in the event of an emergency. No impact is anticipated as a result of the proposed project. 7. h.: No Impact: The proposed project is not located in or near a wildland area that would be subject to fire hazards. The location of the proposed project would not expose people or structures to a significant risk or loss, injury or death involving wildland fires. No impact is anticipated as a result of this project. The following Mitigation Measures shall be required as part of the proposed project: . a. Prior to the issuance of a building permit, the Applicant shall submit a hazardous materials storage and transportation plan (Hazardous Materials Management Plan) that verifies that the handling, storage and transportation of hazardous materials will comply with county, state, and/or federal regulations. . R:le U P\2004104-0463 Temecula Regional Hospita~lnitial Study DRAFT-Hospital-1.doc 20 8. HYDROLOGY AND WATER QUALITY. Would the project: b. . ... Violate any water quality standards or waste discharge reouirements? Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which Dermits have been qranted)? Substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? Substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in f1oodino on- or off-site? Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? I Otherwise substantiallv deorade water Quality? Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? I Place within a 1 OO-year flood hazard area structures which would impede or redirect flood flows? Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? I Inundation bv seiche, tsunami, or mudflow? c. d. e. 1. g. I h. i. t i. x x x x x, X X X X Comments; 8. a.: Less Than Significant Impact: The proposed project would not violate any water quality standards or waste discharge requirements because the proposed project is required to comply with Best Management Practices (BMP's), Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Elimination Discharge Elimination System standards. An Army Corps of Engineers permit may be required if the project proposes the inclusion of discharge or dredged or fill material into, including any redeposit of dredged materials within "waters of the United States" and adjacent wetlands pursuant to Section 404 of the Clean Water Act of 1972. The applicant is required to consult with the Department of the Army to determine the appropriate permits required for the construction of an access road/bridge over/across the flood control channel located the eastern portion of the site. A less than significant impact is anticipated as a result of the proposed project. R:\C U P\2Q04\04-0463 Temecula Regional Hospital\lnitial Study DRAFT-Hospital-1.doc 21 . 8. b.; No Impact: The proposed project would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. The proposed project is required to comply with local development _tandards, including lot coverage and landscaping requirements, which will allow percolation and ground water echarge. Th~re is an existing water well, owned and operated by Rancho California Water District (RCWD), adjacent to the project site to the northeast. RCWD has been notified of the proposed project and no comments of immediate concern have been received at this time. No impact is anticipated as a result of the proposed project 8. c.: No Impact: The proposed project would not substantially alter the existing drainage pattern of the site or area, including the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site. The proposed project will include an on-site drainage plan; however it will not alter off-site drainage patterns or alter the course of a stream or river, and will not result in substantial erosion or siltation on-or off-site. The project is also required to comply with Best Management Practices (BMP's), Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Elimination Discharge System (NPEDS) standards, which addresses drainage, siltation and erosion. No impact is anticipated as a result of the proposed project. 8. d.: Less Than Significant Impact: The proposed project would not substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site because the project will not alter the course of a stream or river. The project site includes a flood channel, operated and maintained by Riverside County Flood Control. Riverside County Flood Control has been notified of the proposed project and has not submitted a letter of concern at this time. The City of Temecula Public Works Department reviews all drainage plans and determines adequate drainage facilities are in place capable of on- site drainage and that off-site drainage facilities can accommodate additional flow. A less than significant impact is anticipated as a result of the proposed project .. e.: Less Than Significant Impact: The proposed project would not create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. The project is required to comply with Best Management Practices (BMP's), Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Elimination Discharge Elimination System standards, which address drainage and polluted runoff. A less than significant impact is anticipated as a result of the proposed project. 8. f.: No Impact: The proposed project would not otherwise degrade water quality because the proposed. project is not considered a significant pollutant generator and will not include excessive fertilizer application or other similar materials that could degrade water quality. No impact is anticipated as a result of the proposed project. 8. g.: No Impact: The proposed project is not a residential project and therefore will not place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. No impact is anticipated as a result of the proposed project 8. h. i.: No Impact: The proposed project was at one time located within a 100 year flood boundary as shown in the Final EIR for the City of Temecula General Plan.. Recent improvements of Temecula Creek has resulted in a new 100 and 500-year flood plain boundary delineation. The Temecula Creek, which is the primary drainage course in the immediate area was dredged as a result of Assessment District 159. The dredging of Temecula Creek took place subsequent to substantial flooding of the creek in 1992. Improvements and dredging was completed in 1996. As a result of the improvements and the dredging, updated Flood Insurance Rate Mate Maps have been issued (FIRM, Community-Panel Number 060742-0010 B, revised November 20, 1996). The project site is now identified within the 500-year flood area, . R:\C U P\2004\04-0463 Temecula Regional Hospita~lnitial Study DRAFT-Hospital-1.doc 22 The proposed project site was is located within the Vail Lake Dam Inundation area as shown in the City of Temecula General Plan Final EIR (1993). The RCWD owns the Vail Lake Dam and has submitted to the City a Dam Inundation report, which includes language pertaining to the dredging of Temecula Creek. An additional study obtained from the Riverside County Flood Control, Flood Insurance Study, Federal Emergency: Management Agency (FEMA), November 20, 1996 further discusses the dredging of Temecula Creek. ThA FEMA study shows that the dredging of Temecula Creek now allows for additional carrying capacity in th~ event of a major flood or an event such as the failure of Vail Lake Dam. The proposed project will place structures within a 500-year flood hazard area, as identified in the revised FEMA map (November 20, 1996). The Applicant is required to comply with applicable FEMA standards. The proposed project is not anticipated to impede or redirect flood flows. As a condition of approval a drainage plan is required; this plan will address flow and drainage facilities and provide comments and/or recommendation conceming the failure of the Vail Lake Dam. While the current City of Temecula Final EIR identifies the project site as being within the Vail Lake Dam Inundation Area, the recent improvements to Temecula Creek have mitigated this potential impact. A revised Dam Inundation Area for the Vail lake Dam is anticipated to remove the project site from the Dam Inundation Area. A letter dated January 29, 1996 from the Federal Emergency Management Agency explains the adjusted floodplain boundaries. The letter and study verify that Temecula Creek maintains a 100-year discharge capacity of 36,000 cubic feet per second (cfs) and a 500-year discharge capacity of 58,000 cfs. The study and letter also verify that the channel banks are higher than the 100-year flood energy grade lines and 100-year flood elevations everywhere along the creek. The Vail Lake Dam is a 51,000 acre feet facility. A less than significant impact is anticipated as a result of the proposed project. The proposed project would not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. Vail Lake is a 51,000 acre-feet facility. The dam is a concrete arch dam with gravity abutment sections. The dam is 4.5 feet thick at the top and 15 feet thick at the lowest point of the foundation. The top of the dam is a parapet wall at elevation of 1,482.5 feet. The dam is located to the south east (approximately 15 miles) and a failure would result in partial flOOding of the Temecula creek. In the event of a massive dam failure, there is a potential for structure 10llA however this is considered a remote potential. Minor dam failure would not result in significant loss ., structures or loss of life, injury or death on the project site. The channelization of the Temecula Creek from Butterfield Stage Road to approximately 4,200 feet downstream of Margarita Road and the construction of additional bridges at both Butterfield Stage Road and Margarita Road have allowed the delineation of the flood insurance rate map (FIRM) to be revised as a result of the updated topographic information along Temecula Creek. This updated information affects the flood plain boundaries and the dam inundation area. With the updated improvements and channelization of Temecula Creek, it is determined that the maximum capacity of Temecula Creek has the capability to accommodate the flow of Vail lake Dam in the event of a dam failure. No impact is anticipated as a result of the proposed project. 8. j.: No Impact: The proposed project is not located near a coast line which would be subject to inundation by seiche, tsunami, or mudflow. No impact is anticipated as a result of the proposed project. . R:IC U P\2004104-0463 Ternecula Regional HospitaNnitial Study DRAFT-Hospital-1,doc 23 9. LAND USE AND PLANNING. Would the project: I a. b. ,- , PhvsicallX divide an established community? Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Conflict with any applicable habitat conservation plan or natural community conservation plan? ~!l(~~~')1Z{ _"ol;JfBath,' X X I c. X Comments: 9. a. c.: No Impact: The proposed project will not divide an established community because the proposed use is compatible and permitted under the current zoning designation and is consistent with the surrounding commercial uses. The proposed project is currently zoned Professional Office (PO) and will not divide an established community or conflict with the applicable land use plan. The long term vision of the project is planned for office uses, which allows for hospitals and professional offices, to provide services to the community. The project is not subject to, or located within a criteria cell for the adopted habitat conservation plan (MSHCP) or a natural community conservation plan. The Multi-Species Habitat Conservation Plan (MSHCP) does not identify the project site as a critical site subject-to additional studies or review. The Mroposed project includes a General Plan Amendment, which would allow medical and office facilities to wxceed the 2 story height limit. Medical and office facilities would be allowed up to six (6) stories if the General Plan Amendment is approved. 9. b.;: Less Than Significant Impact: The project site currently maintains two separate zoning designations. There are three lots that abut De Portola Road, which are zoned De Portola Road Planned Development Overlay-8 (PDO-8). The remainder of the project site is zoned Professional Office (PO). The zone change will change the entire project site, including the three lots currently zoned as PDO-8, to Temecula Hospital Planned Development Overlay (PDO-X). The proposed project is consistent with the General Plan because the project site is designated for uses such as hospital and medical office facilities. All the permitted uses within the current zoning designation (PO) will still be permitted in PDO-X; the primary change that would take place as a result of the PD~ is the height standard. A maximum of 30% of the total roof area of hospital facilities are permitted to a maximum height of 115 feet. Roof area is defined within the PD~ as the portion of the roof above occupied conditional spaces bound by the inside face of the parapet wall. The project is located along a state highway (Highway 79 South) and there are not any public views that will be impacted as a result of the project. No impact is anticipated as a result of the proposed project. . R:\C U P\2004\04-0463 Ternecula Regional Hospita~!nitial Study DRAFT-Hospita!-1,doc 24 10. MINERAL RESOURCES. Would the project: a. ~ ... .".. . Result in the/oss of availability of a known mineral resource that would be of value to the region and the residents of the state? Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local Qeneral plan, specific plan or other land use plan? ',,-,.,..,.v' ..~"'.,~ '. t~ ~r~~j~ i~~~~:~::~~~,; ~, ~~~~~~~{~;;::tt~,;'\~~ 1, '.,; ,;;.~LlmDact_t.'C, "..liripadr. t X b. X Comments: 10. a.-b.: No Impact: The proposed project is not located in an area that is known to include minerals that are considered of value to the region and/or the state. The proposed project will not result in the loss of a locally- important mineral resource because the project site is not identified as an important site known to maintain such resources as shown in the Final ErR for the City of Temecula General Plan. No impact is anticipated as a result of the proposed project. . . R:\C U P\2004\04-0463 Temecula Regional Hospita~lnitial Study ORAFT-Hospital-1,doc 25 Exposure of persons' to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Exposure of persons to or generation of excessive around borne vibration or Qroundborne noise levels? , A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the proiect? A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the oroiect? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? For a project within the vicinity of a private airstrip, would the project expose people residing or working in the oroject area to excessive noise levels? .omments: a. b. c. d. e. f. 11. NOISE. Would the projectresult in: x x x x x x 11. a.-coo: Less Than Significant Impact with Mitigation Measures: The project site is located north of Highway 79 South, south of De Portola Road and west of Margarita Road. There are commercial and office uses between the project site and Margarit!;l Road, and residences immediately to the north and across De Portola Road. The state highway forms a separation barrier between the project site and the residences to the south. The City Council of the City of Temecula adopted and codified Ordinance 04-11, which allows helipad facilities in Professional Office Districts with a Conditional Use Permit. The Ordinance states the following: . Heliports shall not be located within 1,000 feet (measures from structure to structure of an existing or designated public or private primary, secondary or high school. Heliports shall not be located within 1,000 feet of an existing or proposed public park (measured property line to property line). Heliports shall not be located within 1,000 feet (measures structure to structure) of an existing or future assembly facility having 500 persons or more seating capacity. Private heliports associates with hospitals shall be exempt from this requirement. The Touchdown Liftoff Area shall not be located within any required yard area and in no circumstance shall it be located within (10) feet from all property lines. In addition, a minimum one-hundred (100) foot setback shall be achieved from adjacent residentially properties. R:le U P\2004104-0463 Temecula Regional Hospitanlnitial Study DRAFT-Hospital-1.doc 26 Ground heliports may be required to be surrounded by a fence or wall at least four feet high and constructed in such a manner as to deflect the horizontal wind velocities caused by rotation of the rotor blades, providing all FAR Part 77 imaginary surfaces and the surface area remain obstruction free. The Touchdown Liftoff Area shall be surfaced with material that will be free of dust, loose organic __ inorganic material and particles that may be blown about by the helicopter. Any lighting used for nighttime operations shall be directed away from the adjacent residences,' The nearest school is Sparkman Elementary (existing) and Rancho Community Church (under construction). Rancho Community Church is approximately 1,450 feet from the hospital structure. Sparkmen Elementary is approximately 1,250 feet from the hospital structure. The nearest park is Paloma Del Sol park, which is approximately 1,500 feet from the project site. The nearest assembly facility to the project site is Rancho Community Church, which, as stated above is approximately 1,450 feet from the hospital structure. The helipad is not located within a yard area and the nearest residentially zoned parcel is approximately 460 feet away from the helipad. Conditions of Approval will be in place to ensure the materials and the surrounding lighting and landscaping of the helipad is consistent with Ordinance 04-11. The proposed project consists of a hospital, medical offices, a cancer center and a fitness center totaling approximately 565,260 square feet. The hospital includes two towers that are 5 and 6 stories respectively, the medical office buildings are 3 and 4 stories each, the cancer center and the fitness center are both single story. The proposed project also includes a helipad on the northeast portion of the site. The General Plan allows a maximum noise level in residential areas not to exceed 65 decibels for exterior areas and 45 decibels for interior areas. A maximum noise level shall not exceed 70 decibels for internal commercial and office areas. The City of Temecula General Plan and EIR have forecasted noise levels for this area to be up to 74 CNEL at build-out measured 100 feet from Highway 79 South. The setback of the nearest proposed structure is a medical office building setback 192 feet from the property line abutting Highway z. South. The nearest point of the hospital is setback 310 feet from the property line abutting Highway 79 Sout The project site is designed to include berming and landscaping along the frontage (Highway 79 South), which will buffer some of the noise. The noise analysis (Regulation Compliance Inc., December 2, 2004) states that the construction of the hospital, office buildings, cancer center and fitness center shall be required to install double-paned windows per title 24 requirements. Said noise analysis also states that structures, including residences with double paned windows will mitigate the majority of potentially significant noise impacts. Compliance with title 24 will mitigate the noise impacts associated with the day to day operation portion of the project. There will be temporary noise levels in excess of the maximum noise levels permitted in the General Plan during construction activities and during peak hour traffic periods. This will be temporary in nature and are associated with typical commercial development. Hours of operation for construction activities, consistent with the City's noise element in the General Plan will be enforced. The City Council of the City of T emecula adopted and certified an Environmental Impact Report for the General Plan in 1993 when they approved Resolution 93-90 entitled "A Resolution of the City Council for the City of Temecula certifying the Final Environmental Impact Report for the General Plan and adopting a statement of overriding considerations for the General Plan for the City of Temecula". Resolution 93-90 included a statement of overriding considerations, which recognized significant impacts that could not be mitigated to a level of insignificance. Those impacts related to air quality, agricultural resources, biology, education, library, noise and transportation and circulation. The information within the current General Plan (adopted in 1993) is considered valid information, which forms the basis of this initial study. The City of Temecula has been consistent with land-use decisions in relation to the current General Plan and therefore the information is deemed reliable. The Mitigation Measures in this initial study shall be required upon the adoption of this initi. study and the approval of the proposed project as conditions of approval. All Mitigation Measures shall . binding requirements of the project approval. R:\C U P\20Q4\04-o463 Temecula Regional Hospital\lnitial Study DRAFT-Hospital-1.doc 27 11.d: Less Than Significant Impact with Mitigation Measures: The General Plan noise element identifies the project site as an area that will exceed the maximum CNEL permitted at build-out. A maximum noise level .f 65 CNEL is permitted for hospitals and residential uses and a maximum noise level of 70 for commercial nd offices uses. The primary source of permanent noise will be generated from the Highway. The proposed project is required to construct berming with landscaping along the frontage of Highway 79 South to reduce the noise impacts on-site and onto the adjacent residential areas. Additional sources of noise are expected from generators and equipment within the mechanical yard. However the mechanical yard is not located near a residence and includes sound walls that mitigate the noise levels at the property to a less than significant level at adjacent property lines (Regulation Compliance, Inc., September 14, 2004). Temporary noise levels above the maximum permitted decibels can be expected during construction activities. The following Mitigation Measures will be incorporated as enforceable conditions of approval as a part of the proposed projects entitlements as stated in the Noise study (Regulation Compliance, Inc., December 2, 2004) and the City of Temecula General Plan Final EIR:. a. All construction equipment fixed and/or mobile, including, but not limited to water trucks, cranes, bull dozers, scrapers, and trucks shall be maintained and operated properly, including maintained mufflers. The Applicant and/or contractor shall provide verification of maintenance records prior to issuance of grading permit. b. During all grading and construction activities, the Applicant shall place and maintain a continuous barrier of 6 foot high (or a height as determined acceptable by the Planning Director) sound blankets along both the projects northern property lines and along all the residential properties abutting the project site, . c. All stationary construction and permanent operational equipment shall be placed in a location such that emitted noise is directed away from sensitive noise receptors, subject to the approval of the Planning Director (Prior to issuance of grading permit and on-going). d. Stockpiling and vehicle staging areas shall be located as far away from noise sensitive receptors, including residences, as practical, subject to the approval of the Planning Director. e. Mechanical equipment including, but not limited to heaters, air-conditioners, air handling units, ventilators, trash compactors, generators, and loading bays shall be screened and/or muffled. In addition, the Applicant shall provide buffers, including enhanced landscaping, berming, and/or structures such as walls for acoustical shielding. f. Emergency generators shall only be used in the event of an emergency power outage and/or for service and maintenance. v g. Loading docks shall be enclosed on three sides. include a roof or cover, and face away from residential parcels. Truck arrival and departure hours for loading and unloading shall be limited to the hours of 7:00 AM - 7;00 PM. h. Sirens from emergency vehicles shall be shut off when within Yo mile of the hospital site unless required to allow for emergency access. i. The helicopter flight path shall be limited to commercial areas to the greatest extent possible unless req uired in emergency situations or if there are no other safe paths of travel. . j. The Applicant shall comply with Section 21661.5 of the State Aeronautics Act and Federal Aviation Administration. The applicant shall submit written correspondence from the appropriate agencies detailing requirements and approvals from the appropriate agencies prior to the issuance of a grading permit for the helipad. R:\C U P\2004\04-D463 Temecula Regional Hospitanlnitial StUdy DRAFT-Hospital-l,doc 28 k. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of ~ occupied residence. . Monday-Friday 6;30 a.m. - 6;30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Federal/State Government Holidays 11. e.-f.: No Impact: The proposed is not located in an Airport land Use Plan area and there is not an airport, public or private within 2 miles of the proposed project. There for the project will not have a negative impact on surrounding persons or airports because of noise. No impact is anticipated as a result of the proposed project. . . R:\e U P\2004\04-0463 Temecula Regional Hospila~lnitial Study ORAFT-Hospllal-1,doc 29 12. POPULATION AND HOUSING. Would the project: a. . - Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Displace substantial numbers of people, necessitating the I construction of replacement housinq elsewhere? x b. x I c. x Comments: 12. a.: Less Than Significant Impact: The proposed project is a regional facility, which will add additional medical services to the region. As a result the proposed project could potentially cause additional growth in the surrounding area. However, the southwest Riverside County region has experienced a rapid rate of growth (residential and commercial) since the mid 1980's without any such regional medical facility. The surrounding community is nearly built-out with residential dwellings. The proposed project therefore, is not anticipated to induce substantial population beyond the residential growth that has already occurred over the last 10-20 years. A less than significant impact is anticipated as a result of the proposed project. 12. b.-c.: No Impact: The project will not induce substantial growth in the area either directly or indirectly. The aProject site includes a hospital, medical offices, cancer center and a fitness rehabilitation center; residential W'ses are not proposed. The project site is vacant and will not displace substantial numbers of people or remove/replace existing housing. The project will neither displace housing nor people, necessitating the construction of replacement housing. No impacts are anticipated as a result of this project. . R:IC U P12004104-0463 Temecula Regional Hospital\lnitial Study DRAFT-Hospital-l.doc 30 13. PUBLIC SERVICES. a. >-~~~;f~-:.i ".";>..'-'-.- ?fffi~ _ Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, 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 public services: I I I I I x Fire protection? I Police protection? i Schools? I Parks? I Other public facilities? I x X X X X Comments: 13. a.: Less Than Significant Impact: The proposed project will have a less than significant impact upon, or result in a need for new or altered fire, police, recreation or other public facilities. The project will provide additional public services available to the community and general public. The project will also provide better emergency medical response and allow for better transport of medical emergencies. The project will contribute fair share contributions through City Development Impact Fees to be used to Provi. public facilities and infrastructure. The project will not have an impact upon, and will not result in a need for new or altered school facilities. The project will not cause significant numbers of people to relocate within or to the City. The project will have a less than significant impact upon the need for new or altered public facilities. The Rancho California Water District and the Riverside Department of Environmental Health have been made aware of this project. A condition of approval has been placed on this project that will require the proponent to obtain "Will Serve" letters from all of the public utilities agencies. Service is currently provided for the surrounding residential and commercial development, so extending service to this site is possible, which would result in less than significant impacts as a result of the project. The project may require improvements to public facilities such as sewer line connections. Eastern Municipal Water District (EMWD) has provided some conceptual analysis concerning sewer flows form the hospital and the total flow is estimated to be approximately 94,100 gallons per day. Based on the estimated discharge volume, the hospital would not be required or conditioned to install additional sewer capacity assuming that all hospital flow is discharged to the existing 24" vitrified clay pipe (VCP) sewer in Route 79 South and no hospital flow is discharged to the existing 15" VCP sewer in Margarita Road. As a condition of service the Applicant is responsible for payments of EMWD's sewer connection fees and water supply development fee. Estimated connection fees at this time are approximately $1,540,000 assuming the current connection fees structure of $3,843 per Equivalent Dwelling Unit (EDU I.e. 235 gallons per day). The estimated water supply development fee is approximately $120,000. . R:IC U PI2004\04-Q463 Temecuta Regional Hospila~lnitial Study DRAFT-Hospital-1.doc 31 14. RECREATION. a. . ~. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? x b. Comments: 14. a.: No Impact: The project is a hospital and medical office project in a professional office zone~ The project will not displace recreationally zoned lands or remove vacant lands that are used for recreational purposes. The anticipated need to increase the neighborhood or regional parks or other recreational facilities as a result of this project is not anticipated. No impacts are anticipated as a result of this project. 14. b.: No Impact: The proposed project does not include an open space or recreational aspect to the project. Furthermore, the project will not require the construction or expansion of additional recreational facilities. No impacts are anticipated as a result of the proposed project. . . R:IC U P12004104-0463 Temecula Regional Hospita~lnilial Study DRAFT-Hospital-l.doc 32 15. TRANSPORTATION/TRAFFIC. Would the project: . ~~~i~~:~t .."l!(-\'c,- . ~~~/.A ~"llTfdi:ich:/ a. . . Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (I.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or conqestion at intersections)? Exceed, either individually or cumulatively, a level of service standard established by the county congestion manaqement aqency for desiqnated roads or hiqhwavs? ... . - Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.q.. farm eQuipment)? I Result in inadequate emerQencv access? I Result in inade9uate parkinq capacitY? Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus tumouts, bicycle racks)? x X X X b. X c. X d. X e. f. g. Comments: . 15. a.-c: Less Than Significant with Mitigation Measures: A traffic analysis and supplemental trip generation information have been prepared for the proposed project; (Traffic Impact Analysis Temecula Medical Center, Linscott Law & Greenspan, Engineers, November 4, 2004; letter from David E. Prusha to Bill Hughes, November 23,2004). The proposed project is located north of Highway 79 South, south of De Portola Road and approximately 700 feet west of Margarita Road. Highway 79 South is currently subject to Caltrans jurisdiction. The proposed project consists of approximately 320 bed hospital facility, 407,260 square feet of hospital floor area, 140,000 square feet of medical office space, a 10,000 square foot cancer center and an 8,000 square foot fitness rehabilitation center all totaling 565,560 square feet. The project will generally be constructed in two phases and will generate a total of 11,458 vehicle trips per day with 865 vehicle trips during the AM. peak hour and 929 vehicle trips during the peak P.M. hour. The traffic impact analysis (TIA) for the project evaluated all the intersections on Highway 79 South between the 1-15 Freeway Interchange and Butterfield Stage Road and the intersection of Margarita Road and De Portola Road. Phase one includes approximately 150 beds for the hospital and 80,000 square feet of medical office space. Phase one is anticipated to generate approximately 6,290 trips per day with 474 vehicle trips during the peak AM. hour and 629 vehicle trips during the peak P.M. hour. Seventy-eight percent (78%) of the total trips were assigned to Highway 79 South and 22% were assigned to De Portola Road. As part of the TIA, 17 other cumulative projects in the vicinity of Highway 79 South were included in the study. The cumulative impacts of all these projects when added to the Hospital project will result in a LOS of F in several intersections of the study area as identified in the TIA The TIA has identified several roadway and intersection improvements, which when implemented could result in a LOS of D or better in the study are'ia intersection. It is important to note that the TIA did not factor in the Dartolo Road connection, which shoulW reduce the impacts to each road and intersection. R:IC U PI2004104-0463 Temecula Regional Hospita~lnitial Study DRAFT-Hospital-l.doc 33 The following Mitigation Measures are required as a part of the proposed project: .Prior to the issuance of Certificate of Occupancy for any building in Phase I: 1. Modify the proposed traffic signal at the easterly project access (Country Glen) from a three way signal t6 a four way signal to accommodate access to the project from Highway 79 South. 2. Install sidewalk and street lights along the frontage of the project on Highway 79 South. 3. Improve the intersection of Highway 79 South at Margarita Road to provide an additional eastbound to north bound left-turn pocket (dual left) if this work has not already been completed. 4. Connect an access connection from the project site to De Portola Road. 5. Pay applicable Development Impact Fees (DIF) and Traffic Uniform Mitigation Fees (TUMF). 6. Pay fair share fees towards the improvements of all intersections and roadways in the study area based on the phase I impacts of the project as identified in the TIA. Prior to the issuance of Certificate of Occupancy for any building in Phase II: 1. Connect Dartolo Road from the project site to Margarita Road. 2. Pay fair share fees towards the improvements of all intersections and roadways in the study area based upon the phase II impacts of the project as identified in the TIA. 3. Pay all applicable Development Impact Fees (DIF) and Traffic Uniform Mitigation Fees (TUMF). . 4. It should be noted that if the project's DIF and TUMF fees exceed the fair share impact fees of the project, the project will not be responsible for payment of any additional fair share fees for mitigation to off-site intersections, which are affected by the other 17 cumulative projects. The City of T emecula City Engineer shall have the final discretion to modify the mitigation measures mentioned above upon final review of the final traffic analysis, subject to and as limited by the substitution requirements of the state CEQA Guidelines 15. d.: Less Than Significant Impact: The proposed project does not include the extension, construction or modification of any traffic patterns that would create sharp curves, dangerous intersections or establish incompatible uses that create a potentially significant impact. The proposed project is required to improve intersections and pay fees, however the improvements would not create unsafe public intersections. curves or traffic patterns. 15. e.: No Impact: The proposed project, as conditioned, includes four access points. The Fire and Police Departments have reviewed the proposed project and have determined that adequate emergency access has been provided. In addition, on-site circulation has been reviewed using the emergency vehicle turning radius templates and it has been determined that on-site circulation is adequate for emergency vehicles. 15. f.: No Impact: The proposed project requires a total of 663 parking spaces. A total of 1,278 parking spaces are provided. No impact is anticipated as a result of the proposed project. . R:IC U P\2004104-0463 Temecula Regional Hospital\lnitial Study DRAFT-Hospital-l.doc 34 15. g.: No Impact: The Riverside County Transit Agency (RTA) has submitted a letter requesting a bus stop facility. The applicant shall comply with the standards and written request as set forth by the RTA. No impact is anticipated as a result of the proposed project. . . . R:\C U PI2004104-0463 Temecula Regional Hospita~lnitial Study DRAFT-Hospital-l.doc 35 I a. b. If. ~. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: c. Exceed wastewater treatment requirements of the applicable ReQional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Have sufficient water supplies available to serve the . project from existing entitlements and resources, or are new or expanded entitlements needed? Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? I Be served by a landfill with sufficient permitted capacity to I accommodate the proiect's solid waste disDosal needs? I Comply with federal, state, and local statutes and I reQulations related to solid waste? x x x x d. x e. x x Comments: 16. a. b. e.: Less Than Significant Impact: The project will not exceed wastewater treatment requirements, require the construction of new treatment facilities, nor affect the capacity of treatment providers. The project will have an incremental effect upon existing systems. The project may require improvements to public facilities such as sewer line connections. The Applicant is required to consult with the sewer purveyor, Eastern Municipal Water District (EMWD) to determine what, if any, improvements are required. As a condition of approval, the Applicant is required to submit a letter from EMWD indicating that current facilities are in place, or a letter stating what improvements are necessary to provide service to the proposed project. Since the project is consistent with the City's General Plan, less than significant impacts are anticipated as a result of this project because the wastewater and treatment systems are already designed to handle this quantity of wastewater. 16. c.: Less Than Significant Impact: The project will require on-site storm drains to be constructed. The project may require various State and Federal Permits. The project will include the construction of underground storm drains and drainage swales in various locations within the project site. No off-site storm drains or expansion of existing facilities are required as a result of this project. Riverside County Flood Control RCWD has reviewed the proposed plan and have not submitted any formal comments of concern in regards to District Master Drainage Plan facilities. Less than significant impacts are anticipated as a result of this project. _16. d.: No Impact: The project will not significantly impact existing water supplies nor require expanded water titlements. The project will have an incremental effect upon existing systems. While the project will have an cremental impact upon existing systems, the Rancho California Water District (RCWD) has provided "water R\G U PI2004\04-0463 Temecula Regional Hospitantnitial StUdy DRAFT-Hospital-l.doc 36 available" letters to the City indicating water resources are available to serve to proposed projeCt, provided the applicant signs an Agency Agreement with the Water District. There is a water well near that project site, owned by Rancho California Water District (RCWD). RCWD have been notified of the project; RCWD has not notified the City of any significant issues or concerns for the proposed project. The proposed project is al. consistent with the General Plan and the General Plan Final EIR in regard to permitted uses and policie Since the project is consistent with the City's General Plan, no significant impacts are anticipated as a result of this project. 16. f. g.: Less Than Significant Impact: The project will not result in a need for new landfill capacity. Any potential impacts from solid waste created by this development can be mitigated through participation in Source Reduction and Recycling Programs, which are implemented by the City. Less than significant impacts are anticipated as a result of this project. . . R:\C U PI2004\04-0463 Temecula Regional Hospita~lnitial Study ORAFT-Hospilal-l.doc 37 17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: a. b. c. ;'II~~ Does the project have the potential to degrade the Quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California historv or prehistorv? Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Does the project have environmental effects which will cause substantial adverse effects on human beings, either directlv or indirectly? x x x Comments: 17. a.: Less Than Significant Impact with Mitigation Measures: The project will not degrade the quality of Ae environment on site or in the vicinity of the project. The developer will be required to obtain all applicable ~tate and Federal Permits including, Clean Water Act Section 401 permit from the U.S. Anny Corps. of Engineers and clearance from the State Regional Water Quality Control Board (RWQCB). A traffic analysis has been completed and was reviewed by the City's Traffic Engineer to identify and require traffic calming devices and mitigation measures to maintain an acceptable level of service as required in the General Plan. 17. b.: Potentially Significant Impact: The individual effects from the project are primarily less than significant with Mitigation Measures incorporated into the project. The air quality impacts have been identified as potentially significant impacts. As discussed in the Air Quality section, the project site is located within the South Coast Air Basin, which is designated "extreme" non- attainment area for ozone. The City Council of the City of Temecula has adopted Resolution 93-90, which includes a statement of overriding consideration for air quality, agricultural resources, biology, education, library, noise and transportation and circulation. Resolution 93-90 identifies these areas that could not be mitigated to a level of less than significant with the build-out of the General Plan. All cumulative effects for the various land uses of the subject site as well as the surrounding developments were analyzed in the General Plan Environmental Impact Report. With the mitigation measures in place, the project will be consistent with the standards required by the General Plan and Development Code, and accordingly the cumulative impacts related to the future development will not have a significant impact. 17. c.: Less Than Significant Impact with Mitigation Measures: The project will not have environmental effects that would cause substantial adverse effects on human beings, directly or indirectly. The project will be designed and developed consistent with the Development Code, and the General Plan. Mitigation Measures are required in order to reduce impact to a less than significant level. . R:IC U P12004104-0463 Temecula Regional Hospita~lnitial Study DRAFT-Hospital-l.doc 38 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR.. or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. I a. Earlier analyses used. Identify earlier analvses and state where thev are available for review. I b. Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitiqation measures based on the earlier analysis. c. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Earlier Analysis: The proposed project was reviewed under the Final Environmental Impact Report for the City of Temecula General Plan adopted by City Council on November 9, 1993. Sections 3.0, 4.1, 4.2, 4.4, 4.5, 4.6, 4.7,4.10,4.11,4.12,4.14,4.17, and 6.0 of the Final EIR for the General Plan, together with the identified technical documents prepared by the Applicant, were relied upon to analyze the proposed project. As a result of the above mentioned sections and technical studies, the conclusion found within this initial study were made. The information relied upon as described above is available at the City of Temecula for review and inspection. . . R:\C U P\2004\04-0463 Temecula Regional Hospitaf\lnitial Study DRAFT-Hospital-1.doc 39 .1. 2. .2. 13. 14. 15. 16. . SOURCES City of Temecula General Plan. City of Temecula General Plan Final Environmental Impact Report. 3. 4. South Coast Air Quality Management District CEQA Air Quality Handbook. Traffic Impact Analysis, Temecula Medical Center, Linscott, Law & Greenspan, November 4,2004 5. Trip Generation for Spring Valley Hospital, Kimley-Horn and Associates, Inc., November 15, 2004 6. Historical/Archaeological Resources Survey Report, Temecula Hospital, CRM Tech, September 17, 2004. 7. Temecula Hospital Site Habitat Assessment, AMEC, Inc., September 14, 2004 Geotechnical Exploration Report, Proposed Temecula Hospital, PSI Inc., May 14, 2004. Hydrology & Drainage Analysis for Temecula Regional Medical Center, Hunter Associates, Ltd. (A TRC Company), November 2004. 8. 9. 10. Paleontological Resource Assessment Report, Temecula Hospital Project, CRM Tech., September 16, 2004. 11. Noise Analysis, Temecula Regional Medical Center, Regulation Compliance, Inc., December 2,2004. Flood Insurance Study, Federal Emergency Management Agency, November 20, 1996. Letter to the Honorable Kay Ceniceros, Chairperson, Riverside County Board of Supervisors from John W. Eldridge, Jr. Acting Director of Mitigation Division of Federal Emergency Management Agency, Region IX, dated January 25, 1996 Inundation Study for Vail Dam, James M. Montgomery, Consulting Engineers. Inc., July 1975. Temecula Regional Medical Center Air Quality Study, Regulation Compliance Incorporated, Inc., December 16, 2004 City of T emecula Resolution 93-90, A Resolution of the City Council for the City of T ell)ecula Certifying the Final Environmental Impact Report for the General Plan and Adopting a Statement of Overriding Considerations for the General Plan for the City of T emecula, Adopted November 5, 1993 R:le U PI2004\04-0463 T emecula Regional Hospita~lnitial Study DRAFT -Hospital-l.doc 40 . DRAFT MITIGATION MONITORING PROGRAM . . R:IC U P12004104-0463 Temecula Regional Hospita~lnitial Study DRAFT-Hospital-l.doc 41 . . .... ..... I/) E 9 I'll I/) ... 0 Cl <C o_a. !t.1!!~ .- c ClD.1'll C Ul .- 0 ~ .......M 0'" co :!::I'll"it c-o o :::l I """u"it ""'CI)o cE<C OCl)a. :o:n-N' ~ co ._ "it ::: '9 == "it o <C a. . ~ o C;).!!! ::I III .. .- ca;t::: en': ~ III 0.. 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Q) ,...:t:: Q) al '-' co""'- C~.c S o.cl-.~ ~c::: ",Qi 'I,II:t-'\.VO~*",""O~~..P"'O Q) "'~_.... <=; 0 \:: ::>'5 .Dal,-,ocJ:j -'&...."'''' -oalal-o-o:a:-tll...-- '--' _-'o~"" Q)u S::> C. Q).c( ..~u.-5.€<g,ts ",~,",,-GO ~ .l@ ~ Q) l1j':e ~ 2. Q) al ! ,...U1 :i::::l--G o.E tlll--G E...J:jO g \4 q \ a. ~ S " ~ 5 \ '" ~ 'a "" ~ :'t 1 ~ ~ ~ ~ ~ ~ o ~ ... t ::> y ii . . . ~.c.;";~c;.c~___ ~ ATTACHMENT NO.3 PC RESOLUTION NO. 2005-_ (GENERAL PLAN AMENDMENT) R:\C U P\2004\04.0463 Temecula Regional Hospital\PC-ST AFF REPORT.doc 17 . _".,o,"':';C.L,':'-,C,""" c,'__", _. _ ,.c-.,."...~~.....~~~'i- '-:"'-__-:i:~c ~,- . __ ~~'~,:.:;:;:;'::~_~,--7;_'""" " . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF T.HE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE ELEMENT TO ELIMINATE THE Z2 OVERLAY DESIGNATION AND CORRESPONDING TWO STORY HEIGHT RESTRICTION FOR A SITE ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD," AND KNOWN AS ASSESSOR'S PARCEL NOS. 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080- 010 (PA04-0462) WHEREAS, UHS of Delaware Inc., filed Planning Application Nos. PA04-0462, General Plan Amendment and Zone Change; PA04-0463 Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 70 feet west of Margarita Road, known as Assessors Parcel No(s). 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"); . WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act; and, WHEREAS, the Planning Commission considered the Application on April 6, 2005, 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; and WHEREAS, The Planning Commission adopted Resolution No. 2005- recommending that the City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring Program; and WHEREAS, The Planning Commission adopted Resolution No. 2005- recommending the City Council adopt a Resolution Amending the Land Use Element of the General Plan to eliminate the Z2 overlay designation and corresponding height restriction for a site located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, also known as Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959- 080-007 through 959-080-010, attached as Exhibit "A", WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. . R:IC U Pl2004104-Q463 Temecula Regional Hospila~raft PC GPA RESOLUTION.doc 1 Section 2. Findinps. The Planning Commission in recommending approval of the Application makes the following findings: . A. The proposed amendment is consistent with the direction, goals and policies of the adopted General Plan. B. The proposed amendment will not have a significant impact on the character of the surrounding area. Section 3. Recommendation. The Planning Commission for the City of Temecula hereby recommends that the City Council approve the Application to amend the Land Use Element of the General Plan to eliminate the Z2 Overlay designation and corresponding height restriction for a site located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, and known as Assessor's Parcel Nos. 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010, as shown on attached Exhibit "A" Section 5. PASSED, APPROVED AND ADOPTED this 6th day of April 2005. David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary . [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2005-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 6th day of April 2005 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSTAIN: Debbie Ubnoske, Secretary . R:\C U Pl2004\04-Q463 Temecula Regional HospitaWraft PC GPA RESOLUTlON.doc 2 . . . EXHIBIT A CITY COUNCIL RESOLUTION 05-_ (GENERAL PLAN AMENDMENT) R:IC U Pl2004104.0463 Temecula Regional Hospita~Draft PC GPA RESOlUTION.doc 3 . - .--. -. - ~.:i.:~~:";,;;:,--,,:;:;:;,~~,,,::~,&~~:: ~ . ..._._..... '. .--.. -- - ---..--~~ -~...""""""......=--.."'.. .:....::...:'--,:;:.;:~;,.>-'--~ .:'.- C,-',:.",_,,::"," _ .. .:;;. ,_..C.c.:,__' ~~,--~. ._--_.._---~-- --- . . . RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN TO ELIMINATE THE Z2 OVERLAY DESIGNATION AND CORRESPONDING TWO STORY HEIGHT RESTRICTION FROM THE GENERAL PLAN FOR A SITE LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080- 010 (PA04-0462) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. Section 65300 of the Government Code requires that cities adopt a comprehensive, long-term General Plan for the physical development of the jurisdiction as well as any adjacent areas which, in the judgment of the City, bears a relationship to its planning; and B. UHS of Delaware, Inc., filed Planning Application Nos. PA04-0462, General Plan Amendment, for the property consisting of approximately 35.31 acres generally located north of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessors Parcel No(s).959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"); C. The applications for the Project were processed and an environmental review was conducted as required by law, including the California Environmental Quality Act; D. The Planning Commission of the City of Temecula held a duly noticed public hearing on April 6, 2005 to consider the applications for the Project and environmental review, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; E. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2005-_ , recommending City Council approval of an Initial Study, Mitigated Negative Declaration and Mitigation Monitoring Program; and F. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2005-_ , recommending approval of a General Plan Amendment; and, G. The City Council has held a duly noticed public hearing on , 2005 to consider the proposed General Plan Amendment; and ,2005 and R:\C U Pl2004\04-Q463 Temecula Regional HospitallDraft PC GPA RESOLUTION.doc 4 H. On .2005, the City Council of the City of Temecula approved a General Plan Amendment for the Project when it approved Resolution No. 05- Section 2. following findings: Findinas. The City Council of the City of Temecula hereby makes the A. The proposed amendment is consistent with the direction, goals and policies of the adopted General Plan. B. The proposed amendment will not have a significant impact on the character of the surrounding area. Section 3. Amendments to the General Plan Text. The City Council hereby amends the Land Use Element of the General Plan to eliminate Z2 overlay designation and corresponding two-story height restriction for a site located on the north side Highway 79 South, approximately 700 feet west of Margarita Road, generally known as Assessor Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010. Section 4. Severabilitv. The City Council hereby declares that the provisions of this Resolution are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Resolution to be invalid, such decision shall not affect the validity of the remaining parts of this Resolution. Section 5. The City Clerk shall certify the adoption of this Resolution. Section 6. PASSED, APPROVED AND ADOPTED this th day of 2005. Jeff Comerchero, Mayor ATTEST: Susan Jones, CMC, City Clerk [SEAL] R:\C U Pl2004\04-Q463 Temecula Regional Hospita~raft PC GPA RESOLUTION.doc 5 . . . . . . STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the day of , 2005 by the following vote of the Council: AYES: COUNCILMEMBERS: COUNCILMEMBERS: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS Susan Jones, CMC, City Clerk R:IC U Pl2004\04-Q463 Temecula Regional Hospita~Draft PC GPA RESOLUTION.doc 6 OTY OF TEMECULA Existing: I I S~;.p~ I I Specifu: Plan Area Z,;L,;L, Pmnosed: I I Proposed , Specifu: Plan I Specif>c Plan Area ZI and Z3 Location Along Highway 79 South, between Jedediah Smith Rood and Margarita Rood Location Along Hghway 79 South, between Jedediah Smith Road and Margarita Road Table 2-9 Direction for Future Specific Plan Areas Key Obiectives CITY of TEMECULA To achieve a comprebensivelyplanned mixed-use devdopment with compatible/complemental}' mixtures of office, support commercial, tp(:lr1prn-i"I, and services. The project shall be limited in height to one or two stories and designed to be <_......c1]e with existing ranch ~ residential The project should take advantage of the unique opportunity to incOlporate open space resources into the design, scale, orL....:vu of the deve:. r~~ The Clty recognizes that given the sire conftgtm1tion and location that cenain colIl1ne1cial..__.:vu uses may be desirable including, but not limited to, bowling alleys, cIrivinJ,; r.utl(es, and heahh clubs. Table 2-9 Direction for Future Specific Plan Areas K"" Objectives CITY of TEME CULA I To achieve a comprehensively planned mixed-use devdopment with w"'I'".JJle/ complementaty mixtures of offJCe, support CO"""""-""4....:.J, residential, and sexvices. The project shall be limited in height to one or two stories_and design to be compatible with existing ranch st}le residential The project should take advantage of the unique opportunity to incorporate open space resources into the design, scale, orientation of the devdopment. The Clty recognizes that given the sire configuration and location that certain cc_..:..J recreation uses may be desirable including, but not limited to, bowling alleys, driving ranges, and heahh clubs. ) Land Use Element . Anticioated Land Uses . Mixed- Use including Offu:e, Support Commercial, Residential, and Services; Open Space/Recreation. Anticioated Land Uses I .Mxed- Use including OffICe, Support c.,~,Jal, Residential and Services; Open Space/Recreation. I. Approximate Acreaee Z, 55.0 Z, 35.0 Z, 35.0 , A,,~~" J 21 55.0 Z3 35.0 . r; CITY OF TEMECULA " ".,.':of. - '.... . Legend for Specific P~ O'j'-b.,., Figure 2-5 {Continued}. .,' APPROVED SPECIFIC PlAN AREAS . A Winchester Mesa ,.. B.Rancho Spa andCoiintry Cub ..C. Warm Springs .. -... '" D. Silverhawk E. Mountain View F. Margarita Village ,', G. Rancho Highlands H. Paloma del Sol I. Vail Ranch J. Redhawk' A~A.- ..J,l; Rorioaul!ltHiIIs. 'c':'" ..- ", ,,"-"t '. FUTURE SPECIFIC,PLAN AREASf . It. Winche$~r 1800. '..' .. L Quinta J)o,~ M. Muniel!i SpriDg$~l S N. Borel Aimark.. '..", O. ~ViileyVil(8ge /, P. Hot"Springs Village. ."Q. Johnson Ral1ch R. Roripaugh 800 ,,;., S. Winchester Hills . .. T. Winchester Meadows BusinessPliik U. Temecula Regional Center ,'.. .... . {,. , ;". V. Campos Verdes, ,'<. W. Old Town, , :'- X. Unnamed Specific Plan' '. Y. Unnamed Specific Plail .' " Z,hZ". Unnamed Spec~~ Pl!iIi . . AA. Murdy Ranch. ,", . ". ~ . '. .. ;-'. . " . ..{.~:~& ..," .~". .' """:-. .~-' ..: Land Use Element '. . ~ :LOCATlON, " Environmental StUdy Area -Environmental Study Area Envirol1li1ental Study' Aiea Sphere of Influence Sphere of Influence yity of Temccula . .Oty Qf Temecula . ,City of TeriIecula "c,',:Sphere,of:Influ~9C. , ., " . /, 'Shere ofInfluerice -",,-,,:''''dW bf Temccula " LOCATION '" '.' ,.., .Spl1Cte of Influence . '.' ,.' . Sphere-pI Infhienee " . ..' .':~piiCri:Of Influence .... ,:,Sphi:m !Jf Influen,~ ,. . . ;gR~9f,c~"fIljen,#;ri\;:', . ,.. " -.,.- . . n~.....~,-,.'ta1'~'''''' 'K:;;.,;;.... . '0' ~~:~~~~I1, .'9~r"rU.;.,':" h' SphCieoflDfIuCDee" . $ 'ke QiInfluence/ ~ty<ot'.Temccula , ~''''- City~(Tciii:C9t.ila . . City))f TemecU)a" , Ci~of Temeci1la"':,' City' of Temeculll,iJ "'v ~ity 91 T~C4J!!a';', " CitYofTeniectija-/ ':,,, a. f.... .....H:. ","', ty.o ....~~~\__g.~'t~. '. .' .. ',BiD' ofTCIl1~laj\.'" ," , :. City'ofiTe1i1~~' .. ~J/>'- j~ 1 The 1Ul11les of the htpre SpecifIC PItm Areas tue ;"bjeet to ciumge., .1 I , , i . , . 'j , .. .. '. -' .~ .~. -.r<..~:~...__.JF.~' .:"~ ! Po"" 2-<36. . Legend for Specific PIaD. OVerlaY, Figure 2-5 (Continued). ..". '.'. ' APPROVED SPEClFICPfAN ARJtAS:L<>CATION..,," . A. Winchester Mesa > JEovironmentill StWfy Area B. . -Rancho-Spa 8Dd9Jiintiy au~:. . 'Eoviw.......atal Study Area " .c. Warm Springs ..;;"..--; :'''' ':.' "', iEnviroDIilental StudyAiea D. Silvcrhawk: __ .i,'" Sphere of influenCe E. Mountain View ',...'. . ". .' . . Sphere of lnfIuelice F. Margarita Village '....' <;ity of Temecula .. G. Rancho Highlands; " ,;.,City l;lfTCUlecula H. Paloma del ~l ." ,- .,;' :' . --'. :~tY of Temecula I. Vail Rancb . . ., . ':/ '__ ~>.:;' --Sp.bere Of;lnfIuen~, .'.,.' J. Redhawk: . . ')"'>'" " ~~~' '~ .. ,1 :~~ of lnfIuerice . ~.1, RorioauaHilIs.:";"" ;:;. -- --""'~"{'Yi:!' ;.,,~ '~:., 'I"~ ;,;."'- '.. :<- 'OW of Temecula " FU1'URE SPECIFIC1>LANAREA$1: ..... . . ".LOCATION. It. Winc~~r 1800 . ,. 1.. Quinta Qat.l!go. . ' M. Murrie~ Sf'.~l(l .' ~i: ," ...-- N. Borel A~rnark '. '. . ',; O. erow:V~' ''''''Jf:' "'A1-;'~' "., .... P. Hot~springS;'illagr.~", ,,:;,~.:.~.:,.;.\.:t,;..;,..,..',. "Q. JohnsonRaiICh ',y- . "SpjimoL1iIfluence' --, P-: Roripaugh 800 -- "'$p~ Oflnfluencel .... ~ty:Of;:tCJPecUla S. Winchester Hills __,' >aty.qfTem:~la T. Winchester Meadows Busm~s~):tarlc ' Cfty)ifTenitc4Ia-, U. Telilecula Regional Ceq!Cr .' '\"> ~~ofTemecUla'\:.; . . V. Campos Verdes > : .<::Cify'"ofTciOieeu11li\"\"" W. Old Town '. :~ /.,' .~tY 9': Tt:gil~a~,;;,,:'{~, x. Unnamed Specific Phin'," ~.. '" :C~Wof Teni~J.t;".;i.;' . Y. Ul1Il1lIIled Specific Plaji., ,,'" .; -- : Qty.of Teme.QlUli;\9~~ ' ~. '~" Unnamed SpeclqCi PUin; . ,c. ..' ,~tr..ofl'eni~l~jI>~:h , AA. Murd Ranch"., ' ; '>'.', City' of(femecUla y , , .' . -. '. . -:.~".: .." -.~,:j;i~> ~.,.I~.., ~.,., . ~ >," j i j ! j .- I 1 .. ~: CITY OF TEMECUlA . ~.;:~ ;.-' ."'. -. ". LaiUI Use Element , 0' J';" , I i . , , . "\< J., "1/.', /", "". , e . , . " ,""j ;' ~J ." -~, J . ,.I', , <.. _.';::...;/:;; . " ': ": :~ p~Z-36 . . 1 ' -. . ~ . , The ~ of the ~ spec1jle Pbm Areas are subject to t:/iangt; SPECIFIC PLAN OVERLAY t~ 'APprtlved Specific Plan ~ Areas ~ ~~sedspecln~ Plan ...... _See _dSfoil6c PIin . Arao"'~""" - --:' ~:'. ;" ... ~ ~ i ....u.. _ :E :: ,,; :; -. .';,';,-' ." ~. ';" .....,.-...- '.- -. ... . ~. ~.:" . .,. -', ..;;.., . ., ~ -- ,:",;".Vtl). ~~~'{.~. -{' ." ~: . .. . r, i ..,- ; i... ; i i i i ; ; ; ; . i i' ; ; 'il , ,. ." ii .. .. THE it 1'1 '\~PLANNING IE., , . ' CENTER f ,-' . . FIGURE 2-5 1t:MECULA G~reraI PIH. Pro~ram \:)1" rAAt'l C r J...A.N v Y bKLA Y ,. " 1 1 , , ~ Approved Specific Plan ~ Areas ~.::::<<::ii;l Proposed Specific Plan ..,,:~ A"":as ':,'~"'" ,'" ~"" .' .,~ '. . /loI.e:So< _ crSpoiUlc Plio ,..... ... CoIIOWioi ..... i ...."t1 _ :2 =; .: 'J . 1 ~. ",; ...;.of" ...'...,." . .,. i,' ~'.~, , .~:.- ..:.;...~. '- . -:i.. 11.:.... .i":. ,~~., , .i"'..-. ...:-., .'" " '.~ ".,.,.' ...... ".,;.. .... ; .. . "'. . ,".. .~.:~ ~ -:1'- ," ,. ., ....i ,:L .: .~'...." . f . ., .) ~~~~... ./1 -~,(. . , #.,'; " ~ .'he City of l'bMECULA lener.al Plan Proeram I .. ,. . , . ~.. rl ',00. .~, . =f \. .laD CENTER . . FIGURE 2-5 I I i I t - I I . . . ATTACHMENT NO.4 PC RESOLUTION NO. 2005-_ (ZONE CHANGE) R:\C U NOO4\04..0463 Temecula Regional Hospital\PC-ST AFF REPORT.doc 18 . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FROM PROFESSIONAL OFFICE (PO) AND PLANNED DEVELOPMENT OVERLAY (PDO-8) TO PLANNED DEVELOPMENT OVERLAY (PDO-9) AND ADOPT SECTIONS 17,22.200 THROUGH 17.22.206 INCLUDING THE PDO TEXT AND DEVELOPMENT STANDARDS FOR A SITE GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD" AND KNOWN AS ASSESSORS PARCEL NOS. 959-080-001 THROUGH 959-080-004 AND 959-08-007 THROUGH 959-080- 010 (PA04-0462) . WHEREAS, UHS of Delaware, Inc., filed Planning Application Nos. PA04-0462, General Plan Amendment and Zone Change; PA04-0463, Development Plan and Conditional Use Permit; and PA04-0571, Tentative Parcel Map, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located at the north side of Highway 79 South, approximately 700 feet west of Margarita Road known as Assessors Parcel No(s). 959-080-001 through 959-080-004 and 959-080-007 through 959-080- 010 and an Initial Study was prepared in accordance with CEQA Guidelines ("Project"). WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act; and, WHEREAS, the Planning Commission considered the Application on April 6, 2005, 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; and WHEREAS, The Planning Commission adopted Resolution No. 2005-_ recommending that the City Council adopt a Negative Declaration and Mitigation Monitoring Program; and Resolution No. 2005- recommending the City Council approve a General Plan Amendment; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended the City Council approve the Project subject to and based upon the findings set forth hereunder; WHEREAS, The Planning Commission adopted Resolution No. 2005-_ recommending the City Council approve a zone change and adopt Sections 17.22.200 through 17.22.230, including the PDO-9 text and development standards; . WHEREAS, at the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended the City Council approve the Project, and certify the Mitigated Negative Declaration and adopted the Mitigation R:IC U P\2004\04-Q463 Temecula Regional Hospital\Draft PC ZC RESOLUTION.doc 1 WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. . NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findinos. The Planning Commission, in recommending approval of Planning Application No. PA04-0462 hereby makes the following findings: A. The proposed Zone is consistent with the land use designation of the General Plan of the City of Temecu/a in which the use is located, as shown on the Land Use Map. The proposed zone change is consistent with the related General Plan Amendment, the site is physically suitable for the type of uses that will occur in this area, and the proposed zone change would further the City's long-term economic development goals. B. The proposed change of zone conforms to the General Plan and the use is in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed change of zone allows for a use that will provide the diversity of uses desired in the General plan and will create a balanced community with additional public services available to the community. Section 2. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council adopt Ordinance 05-_ changing the zoning designation from Professional Office (PO) and Planned Development Overlay (PDO-8) to Planned Development Overlay (PDO-9) and adopt sections 17.22.200 through 17.22.206 including the PDO text and development standards in the form attached to this resolution as . Exhibit A. Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 6th day of April 2005. David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] . R:\C U P\2004\04-o463 Temecula Regional Hospital\Draft PC ZC RESOLUTION.doc 2 . . . STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby that the PC Resolution No. 2005- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th day of April 2005, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSTAIN: Debbie Ubnoske, Secretary R:IC U P\2004104-Q463 T emacula Regional HospitaOOraft PC ZC RESOLUTION.doc 3 . . . EXHIBIT A PROPOSED CITY COUNCIL ORDINANCE NO. 05_ (ZONE CHANGE) R:IC U Pl2004\04,0463 Temecula Regional Hospita~raft PC ZC RESOLUTION.doc 4 . . . ORDINANCE NO. 05-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FROM PROFESSIONAL OFFICE AND PLANNED DEVELOPMENT OVERLAY (PDO-8) TO PLANNED DEVELOPMENT OVERLAY (PDO-9) AND ADOPT SECTIONS 17.22.200 THROUGH 17.22,206 INCLUDING THE PDO TEXT AND DEVELOPMENT STANDARDS (PA04-0462). THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. UHS of Delaware, Inc., filed Planning Application Nos. PA04-0462, General Plan Amendment and Zone Change; PA04-0264, Development Plan and Conditional Use Permit; and P A04-0571; Tentative Parcel Map for the property consisting of approximately 35.31 acres generally located north of Highway 79 South, approximately 700 feet west of Margarita road, known as Assessors Parcel No(s). 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"); . B. The applications for the Project were processed and an environmental review was conducted as required by law, including the California Environmental Quality Act. C. The Planning Commission of the City of Temecula held a duly noticed public hearing on April 6, 2005 to consider the applications for the Project and environmental review, 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 consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2005-_ recommending approval of a Mitigated Negative Declaration and Mitigation Monitoring Plan for the Project; Resolution No. 2005-_ recommending the City Council approval of a General Plan Amendment; . E. Following consideration of the entire record of information received at the publiC hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2005-, recommending that the City Council approve a zone change tq amend the land use designation from Professional Office and Planned Development Overlay (PDQ-8) to Planned Development Overlay (PDO-9) and adopt Sections 17.22.200 through 17.22.206, including the PDO text and development standards for property generally located north of Highway 79 South, approximately 700 feet west of Margarita road, known as Assessors Parcel No(s). 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010; F. On , 2005 and 2005, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters; R:IC U Pl2004104-0463 T emecula Regional Hosplta~Draft PC ZC RESOLUTION.doc 5 G. On .2005, the City Council of the City of Temecula approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Project when it . adopted Resolution No. 05-_; H. On ,2005, the City Council of the City of Temecula approved a General Plan Amendment for the Project when it approved Resolution No. 05- I. On ,2005, the City Council of the City of Temecuia approved a Zone Change for the Project when it approved Ordinance No. 05- . as described in attachment A; Section 2. The City Council of the City of Temecula hereby makes the following findings. A. The proposed zone change is consistent with the proposed land use designation for the General Plan and the related General Plan text amendment. The PDO text, as proposed is also consistent with the General Plan and related General Plan Amendment Section 3. Severabilitv. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4. Notice of Adootion. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. . Section 5. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. Section 6, This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Council members voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this _ day of _, 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] . R:IC U Pl2004104-Q463 T emecula Regional Hospita~raft PC ZC RESOLUTION.doc 6 . . . STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 05-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the _ day of , 2005 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 2005, by the following vote: AYES: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk " R:IC U P12004104-Q463 T emacula Regional Hospita~Draft PC ZC RESOLUTION.doc 7 .r . .. .... . ..... . ..... . . . . . . . . \.;..: : : : : . . --" . . >-'---t. . ./. . . ". . . . . . . "-:I /" Existing Zoning .:::::..::::::'. ... ....... ....X..... ..... .. ... ... ... . ... ... . ....... ... .,. ..... ..... . .... .... ........ ... . . . ....... .... ....... . . . . . . . . . . .. . ......... . ...... ..... . . . . . . . . . . . . . . . . . . .. .....,.......... \:)0 300 o 300 600 Feet 00 . , . . . ............... . ... .. ... ... ... ... ... ... ... .... ... "" ^ ... ... ... ... ... ... . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... r.lgislkeililarcviewprojectslhospitaLzoniIlQ.JXl09_ exJslapr 'r' .... \ ...... . ..... . ...... . I . . . . . . ____. . . :--,--<' . -I' . . '" . . , , . ''":-/.,.,.1' , , , . ., Proposed Zoning ....)<..... ..... .. . .. . .. ..... ..... . ... . .. .. ..... .. ... . . . . . . . . .. .. . ....... . . . . .. ..... . r, . . . . . . . . . ...... ..... .......... \=>>o 300 o 300 600 Feet 00- ^ ^ ^ A "" ......A...A...........^A~ .... ... ... ... ... ... ... ... ... ... ~ ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...................................................^...........................^...^ ~ r.\glslkellilarcviewprojectslhospitaL zonil1Q.Jld09.apr . Proposed DRA.l1'T T emecula Hospital Planned Overlay District (PD0-9) . Submitted to the City of T emecula By: Universal Health Services, Inc. 367 South Gulph Road King of Prussia P A 19406-0958 Contacts: Pat Brietigam (UHS, Inc.) 702-562-8542 David Prusha (HKS, Inc.) 214-969.5599 April 6, 2005 . TEMECULA HOSPITAL PLANNED DEVELOPMENT OVERLAY DISTRICT DRiU"l' . 17.22,200 Title Sections 17.22.200 through 17.22.206 shall be known as 'PDO-9" (Temecula Hospital Planned Overlay District). 17.22.202 PURPOSE AND INTENT. The Temecula Hospital planned development overlay district is intended to provide for design flexibility with regards to the building height of hospital projects. Other aspects of this PDO will be consistent with the land use designations that are described in the land use element of the Temecula general plan. 17,22,204 RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN GUIDELINES. Except as modified by the provisions of Section 17.22.206, the following rules and regulations shall apply to all planning applications in this area: 1. The development standards in the Development Code that would apply to any development in a Professional Office zoning district that are in effect at the time an application is deemed complete. 2. The Citywide Design Guidelines that are in effect at the time an application is deemed complete. . 3. The approval requirements contained in the Development Code that are in effect at the time the application is deemed complete. 4. Any other relevant rule, regulation or standard that is in effect at the time the application is deemed complete. 17.22.206 DEVELOPMENT STANDARDS, The development standards set forth in Chapter 17.08 apply to this PDO with the exception of the following modification to allowable building heights. The maximum allowable building heights, as defined in Chapter 17.34 for hospital buildings in the Temecula Hospital PDO District shall be limited as follows: No more than 30% of the total roof area of the hospital building may exceed the 75-foot building height limit. The maximum building height for those portions of the hospital building within the 30% area may not exceed 115 feet. For the purposes of this PDO, roof area is defined as that portion of the roof above occupied conditioned spaces bound by the inside face of the parapet wall that defines the roof area. . Chapter 17.22 . . . ATTACHMENT NO.5 PC RESOLUTION NO. 2005-_ (CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN) R:\C U P\2004\04-0463 Temecula Regional HospitaI\PC-STAFF REPORT.doc 19 ..~S'~...=2~'-i'-::C"::'~::~:'::~";~ =- --~~:,;;.~-io:::..:::~..i:..;'--:;~,-:' - --'-~sL_'~~t..:i "',....:,. '.- ..~--_.- . . .,....... - . '-._".--'___ __n" . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0463, A CONDITIONAL USE PERMIT TO ESTABLISH A 320-BED HOSPITAL FACILITY AND HEll PAD; AND A DEVELOPMENT PLAN TO CONSTRUCT A 408,160 SQUARE FOOT HOSPITAL, A HELlPAD, TWO MEDICAL OFFICE BUILDINGS TOTALING 140,000 SQUARE FEET, A 10,000 SQUARE FOOT CANCER CENTER AND AN 8,000 SQUARE FOOT FITNESS REHABILITATION CENTER ALL TOTALING 566,160 SQUARE FEET ON 35.31 ACRES," LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, KNOWN AS APN: 959- 080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 . WHEREAS, UHS of Delaware, Inc., filed Planning Application Nos. PA04-0462, General Plan Amendment and Zone Change; PA04-0463, Development Plan and Conditional Use Permit; and P A04-0571 , Tentative Parcel Map, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located at the north side of Highway 79 South, approximately 700 feet west of Margarita Road known as Assessors Parcel No(s). 959-080-001 through 959-080-004 and 959-080-007 through 959-080- 010 and an Initial Study was prepared in accordance with CEQA Guidelines ('Project'). WHEREAS, Planning Application No. PA04-0463 (Conditional Use Permit and Development Plan) was processed including, but not limited to public notice, in the timely manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered Planning Application No. PA04-0463 (Conditional Use Permit and Development Plan) on April 6, 2005, 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; WHEREAS, The Planning Commission adopted Resolution No. 2005-_ recommending that the City Council adopt a Negative Declaration and Mitigation Monitoring Program; WHEREAS, the Planning Commission adopted Resolution No. 2005-_ recommending the City Council approve a General Plan Amendment; and Resolution No. 2005-_ recommending the City Council approve a Zone Change; WHEREAS, at the conclusion of the public hearing and after due consideration of the testimony, the Planning Commission approved Resolution No. 2005-_ recommending that the City Council approve PA04-0463 (Conditional Use Permit and Development Plan); . R:\C U P\2004\04-0463 Temecula Regional Hospital\Draft PC CUP & DP Reso w CofA.doc I WHEREAS, all legal preconditions to the adoption of this resolution have occurred. . NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinas. The Planning Commission, in recommending approval of a Conditional Use Permit, Planning Application No. PA04-0463 hereby makes the following findings as required by Section 17.04.010 of the City of Temecula Municipal Code: A. The proposed conditional use is consistent with the General Plan and the Development Code; the proposal, a request for a 320-bed hospital facility and a helipad, is consistent with the goals and policies contained in the General Plan and land use standards in the Development Code. The goals and policies in the Land Use Element of the General Plan encourage ua complete and integrated mix of residential, commercial, industrial, public and open space land uses; (Goal 1)" ua City of diversified development character where rural and historical areas are protected and co-exist with newer urban development; (Goal 2)" and '~ City which is compatible and coordinated regional land use patterns; (Goal 8)" The proposed project provides a regional use that needed in the community and surrounding region. There is currently a lack of medical treatment facilities in the community capable of providing adequate medical care for the general population. The proposed project integrates public medical facilities necessary for the demand of the current and future population. The project is situated adjacent to residential uses and a state highway. The project has been designed to mitigate various potentially significant impacts via an environmental assessment in which circulation, . noise, light and glare, biological and air quality has been reviewed the conditioned so the project can co-exist with the surrounding rural residential area. The project, a hospital facility, is consistent with the purpose and intent of the Professional Office (PO) designation, which allows low and mid rise structures that provide uses such as community facilities. In addition, the project is consistent with the development standards of the Development Code and associated Planned Development Overlay (PDO-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The site is therefore properly planned and zoned and found to be physically suitable for the type of the proposed use. The project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). 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 proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings, and structures and as designed and conditioned the proposed conditional use will not adversely affect the adjacent uses, buildings or structures because there was an initial study prepared, which identified potentially significant environmental impacts and a mitigation monitoring program was adopted that mitigates potentially significant impacts such as traffic, air quality, noise, light and glare, and biological to a less than significant level. For example, access points have been designed to reduce the amount of traffic leaving the project site towards residential areas by eliminating left turn options and focusing the primary access points along the state highway. Additional landscaping and berming are included in the conditions of approval to screen the height and reduce noise. The tallest buildings were relocated closer to the state . highway, away from the residential area to reduce the appearance of the height; this will also R:\C U P\2004\04-0463 Temecula Regional Hospital\Draft PC CUP & DP Reso w CofA.doc 2 . . . reduce the noise from the emergency room area. Sound blankets are required during initial grading and construction activities to mitigate construction noise. There are conditions in place requiring helicopters arriving and leaving the project site to utilize commercial and the state highway corridor rather than residential areas. Emergency vehicles are required to turn off sirens no less than ~ from the project site. The project is a conditionally permitted use as has been designed and conditioned (including mitigation measures) in manner that will reduce any potentially significant impacts to the surrounding neighborhood. The building and the site is designed to respect the surrounding area and uses and therefore will not adversely affect the adjacent uses, buildings or structures. 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 this Development Code and required by the Planning Commission, or City Council in order to integrate the use with other uses in the neighborhood. The conditional use is a request for a 316 bed hospital and helipad on a 35.31 acre site. The project has been reviewed and it is determined that the project is in compliance with the development standards of the Development Code and associate Planned Development Overlay (PDO-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The project also provides amenities such as a multi-use trail between the project site and the adjacent residences to the north, which will extend a future trail to be constructed in the near future. The site is adequate in size and shape to accommodate the proposed hospital facilities without affecting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed Conditional Use Permit is for a 320-bed hospital and a helipad. The nature of this use, as conditioned is not detrimental to the health, safety and general welfare of the community because the proposed project is providing a seNtce that is needed in the community and region and it has been designed to minimize any adverse impacts, including health, safety and general welfare to the surrounding community. The proposed project will actually contribute to the long term viability and longevity of the community by providing additional medical care facilities. In addition, prior to the issuance of any building permit, the California Office of Statewide Health and Planning Development (OSHPOD) as well as the City of Temecula Building Department and Fire Department will review the construction plans for compliance with the Uniform Building Code and Uniform Fire Code. e. The heliport is consistent with the requirements described in subsection 2 and 3 of Section 17.10.020P City of Temecula Development Code. The proposed helipad facility is consistent with the requirements described in Section 17.10.020.P of the City of Temecula Development Code, including setbacks from parks, school and residentially zoned parcels. Section 3. Findinos. The Planning Commission, in recommending approval of Development Plan, Planning Application No. PA04-0463 hereby makes the following findings as required by Section 17.05.01 O.F of the City of Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for the City of Temecula and with all the applicable requirements of state law and other ordinances of the City. The proposed use is in conformance with the goals and policies in the General Plan for the City of Temecula, the Development Code and with all applicable requirements of state law and other ordinances of the City of Temecula because the project has been reviewed and as designed R:\C U P\2004\04-0463 Temecula Regional Hospital\Draft PC CUP & DP Reso w CofA.doc 3 and conditioned, it has been determined that the project is consistent with all applicable zoning ordinances, state law and the General Plan. B. The overall development of the land is designed for the protection of the public, health, safety and general welfare. The overall development of the land has been designed for the protection of the public health, safety, and general welfare, because the project has been designed to minimize any adverse impacts upon the surrounding neighborhood and the project has been reviewed and conditioned to comply with the uniform building and fire codes. Section 4. Conditions. That the City of Temecula Planning Commission, hereby recommends approval of Planning Application No. PA04-0463, a Conditional Use Permit to establish a 316 bed hospital facility and a helipad; and a Development Plan to construct a for to construct a 408,160 square foot hospital, a helipad, two medical office buildings totaling 140,000 square feet, a 10,000 square foot cancer center and an 8,000 square foot fitness rehabilitation center all totaling approximately 566,160 square feet, located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road. The Conditions of Approval are contained in Exhibit A and Exhibit B. . Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 6th day of April 2005. David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary . {SEAL} STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Aesolution No. 2005-_ was duly and regularly adopted b~ the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6 day of April 2005, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: NOES: ABSENT: ABSTAIN: Debbie Ubnoske, Secretary . R:\C U P\2004\04-0463 TernecuJa Regional HospitaJ\Draft PC CUP & DP Reso w CofA-doc 4 . . . EXHIBIT A DRAFT CITY COUNCIL RESOLUTION NO. 05-_ (CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN) R:\C U NOO4\04-0463 Temecula Regional HospitaI\Draft PC CUP & DP Reso w CofA.doc 5 ':.:..~!t:::::"--,,--_-o=. - c:--". ---"-..:.. - ___._ ,"_.~__,-~~',._",~~;;~ -S:.:::~__ -- --, --.- '---'''-'~ . . . RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0463, A CONDITIONAL USE PERMIT TO ESTABLISH A 320-BED HOSPITAL FACILITY AND HELIPAD; AND A DEVELOPMENT PLAN TO CONSTRUCT A 408,160 SQUARE FOOT HOSPITAL, A HELlPAD, TWO MEDICAL OFFICE BUILDINGS TOTALING 140,000 SQUARE FEET, A 10,000 SQUARE FOOT CANCER CENTER AND AN 8,000 SQUARE FOOT FITNESS REHABILITATION CENTER ALL TOTALING APPROXIMATELY 566,160 SQUARE FEET ON 35.31 ACRES," LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, KNOWN AS APN: 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1, The City Council of the City of Temecula does hereby find, determine and declare that: A. Universal Health Services, Inc, filed Planning Application Nos. PA04-0462, General Plan Amendment and Zone Change; PA04-0463, Development Plan and Conditional Use Permit; PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by r.eference and an Initial Study was prepared in accord with CEQA Guidelines for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessors Parcel No(s). 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"). B. The applications for the Project were processed and an environmental review was conducted as required by law, including the California Environmental Quality Act. C. The Planning Commission of the City of Temecula held a duly noticed public hearing on April 6, 2005 to consider the applications for the Project and environmental review, 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 consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2005- recommending approval of a Mitigated Negative Declaration and Mitigation Monitoring Plan for the Project; Resolution No. 2005-_ recommending the City Council approval of a General Plan Amendment; Resolution No. 2005-_ recommending the City Council approval of a Zone Change; E. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2005-_ recommending approval of a Conditional Use Permit and Development Plan; R:\C U P\2004\04..0463 Temecula Regional HospitaI\Draft PC CUP & DP Reso w CofA.doc 6 F. On , 2005 and 2005, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time . all persons interested in the Project had the opportunity and did address the City Council on these matters. G. On .,2005, the City Council of the City ot Temecula approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted Resolution No. 05-_; approving a General Plan Amendment, and Resolution No. 05-_; approving a Zone Change, H. On ,2005, the City Council of the City of Temecula approved a Conditional Use Permit and Development Plan for the Project when it approved Resolution No. 05- Section 2. Findinas. The Planning Commission, in recommending approval of a Conditional Use Permit, Planning Application No. PA04-0463 hereby makes the following findings as required by Section 17.04.010 of the City of Temecula Municipal Code: A. The proposed conditional use is consistent with the General Plan and the Development Code; the proposal, a request for a 320-bed hospital facility and a helipad, is consistent with the goals and policies contained in the General Plan and land use standards in the Development Code. The goals and policies in the Land Use Element of the General Plan encourage "a complete and integrated mix of residential, commercial, industrial, public and open space land uses; (Goal 1)" "a City of diversified development character where rural and historical areas are protected and co-exist with newer urban development; (Goal 2)" and uA City which is compatible and coordinated regional land use patterns. (Goal 8)" The proposed project . provides a regional use that needed in the community and, surrounding region. There is currently a lack of medical treatment facilities in the community capable of providing adequate medical care for the general population. The proposed project integrates public medical facilities necessary for the demand of the current and future population. The project is situated adjacent to residential uses and a state highway. The project has been designed to mitigate various potentially significant impacts via an environmental assessment in which circulation, noise, light and glare, biological and air quality has been reviewed the conditioned so the project can co-exist with the surrounding rural residential area. The project, a hospital facility, is consistent with the purpose and intent of the Professional Office (PO) designation, which allows low and mid rise structures that provide uses such as community facilities. In addition, the project is consistent with the development standards of the Development Code and associated Planned Development Overlay (PDQ-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The site is therefore properly planned and zoned and found to be physically suitable for the type of the proposed use. The project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). 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 proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings, and structures and as designed and conditioned the proposed conditional use will not adversely affect the adjacent uses, buildings or structures because there was an initial study prepared, which identified potentially significant environmental impacts and a mitigation monitoring . program was adopted that mitigates potentially significant impacts such as traffic, air quality, R:\C U NOO4\D4-0463 Temecula Regional Hospital\Draft PC CUP & DP Reso w CofA.doc 7 . . . noise, light and glare, and biological to a less than significant level. For example, access points have been designed to reduce the amount of traffic leaving the project site towards residential areas by eliminating left turn options and focusing the primary access points along the state highway. Additional landscaping and berming are included in the conditions of approval to screen the height and reduce noise. The tallest buildings were relocated closer to the state highway, away from the residential area to reduce the appearance of the height; this will also reduce the noise from the emergency room area. Sound blankets are required during initial grading and construction activities to mitigate construction noise. There are conditions in place requiring helicopters arriving and leaving the project site to utilize commercial and the state highway corridor rather than residential areas. Emergency vehicles are required to turn off sirens no less than M from the project site. The project is a conditionally permitted use as has been designed and conditioned (including mitigation measures) in manner that will reduce any potentially significant impacts to the surrounding neighborhood. The building and the site is designed to respect the surrounding area and uses and therefore will not adversely affect the adjacent uses, buildings or structures. 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 this Development Code and required by the Planning Commission, or City Council in order to integrate the use with other uses in the neighborhood. The conditional use is a request for a 320 bed hospital and helipad on a 35.31 acre site. The project has been reviewed and it is determined that the project is in compliance with the development standards of the Development Code and associate Planned Development Overlay (PDO-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The project also provides amenities such as a multi-use trail between the project site and the adjacent residences to the north, which will extend a future trail to be constructed in the near future. The site is adequate in size and shape to accommodate the proposed hospital facflfties without affecting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed Conditional Use Permit is for a 320 bed hospital and a helipad. The nature of this use, as conditioned is not detrimental to the health, safety and general welfare of the community because the proposed project is providing a service that is needed in the community and region and it has been designed to minimize any adverse impacts, including health, safety and general welfare to the surrounding community. The proposed project will actually contribute to the long term viability and longevity of the community by providing additional medical care facilities. In addition, prior to the issuance of any building permit, the California Office of Statewide Health and Planning Development (OSHPOD) as well as the City of Temecula Building Department and Fire Department will review the construction plans for compliance with the Uniform Building Code and Uniform Fife Code. E. The heliport is consistent with the requirements described in subsection 2 and 3 of Section 17.10.020.P City of Temecula Development Code. The proposed helipad facility is consistent with the requirements described in Section 17.10.020.P of the City of Temecula Development Code, including setbacks from parks, school and residentially zoned parcels. R:\C U 1'\2004\04..0463 Temecula" Regional Hospital\Draft PC CUP & DP Reso w CofA.doc 8 Section 3. Findinas. The Planning Commission, in recommending approval of a Development Plan, Planning Application No. PA04-0463 hereby makes the following findings as required by Section 17.05.010.F of the City of Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for the City of Temecula and with all the applicable requirements of state law and other ordinances of the City. The proposed use is in conformance with the goals and policies in the General Plan for the City ofTemecula, the Development Code and with all applicable requirements of state law and other ordinances of the City of Temecula because the project has been reviewed and as designed and conditioned, it has been determined that the project is consistent with all applicable zoning ordinances, state law and the General Plan. B. The overall development of the land is designed for the protection of the public, health, safety and general welfare. The overall development of the land has been designed for the protection of the public health, safety, and general welfare, because the project has been designed to minimize any adverse impacts upon the surrounding neighborhood and the project has been reviewed and conditioned to comply with the uniform building and fire codes. Section 4. The City Council of the City of Temecula hereby approves the Application for a Conditional Use Permit to establish a 320-bed hospital facility and a helipad; and Development Plan to construct 408,160 square foot hospital, a helipad, two medical office buildings totaling 140,000 square feet, a 10,000 square foot cancer center and an 8,000 square foot fitness rehabilitation center all totaling approximately 566,160 square feet on 35.31 acres, located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessors Parcel No(s). 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 subject to the specific conditions of approval set forth in Exhibit A and Exhibit B, . attached hereto, and incorporated herein by this reference as though set forth in full. Section 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this Ih day of ,2005 Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:\C U P\2004\04-0463 Temecula RegioaaJ Hospita1\Draft PC cUP & DP Reso w CofAdoc 9 . . . . . STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 05- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the th day of ,2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:\C U P\2004\04-0463 Temecula Regional Hospital\Draft PC CUP & DP Reso w CofA.doc 10 . . . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0463 (Conditional Use Permit) Project Description: A Conditional Use Permit establishing a 320-bed hospital facility approximately 408,160 square feet and a helipad within a related Development Plan (PA04- 0463) located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessors Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 DIF: Office TUMF: Service MSHCP: Commercial Approval Date: April 6, 2005 Expiration Date: April 6, 2007 WITHIN FORTY-EIGHT (48) HOURS OF PROJECT APPROVAL Planning Department 1. The applicant/developer shall deliver to the Planning Department a check or money order made payable to the Riverside County Clerk in the amount of One Thousand Three Hundred Twenty-Eight Dollars ($1,328.00) which includes the One Thousand Two Hundred and Fifty Dollar ($1,250.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty Four Dollars ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated Negative Declaration required under Public Resources Code Section 21108(a) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. 2. The applicant shall sign both copies of the. final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. R:\C U NOO4\04-0463 Temecula Regional Hospita1\Draft PC CUP & DP Reso w CofA.doc 11 GENERAL REQUIREMENTS Planning Department . 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection 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. 4. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 5. The Director of Planning may, upon an application being filed within thirty days prior to expiration and for good cause, grant a time extension of up to three, one-year extensions of time, one year at a time. . 6. The applicant shall comply with their Statement of Operations dated June 30, 2004, (attached) on file with the Planning Department, unless superceded by these conditions of approval. 7. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 8. The applicant shall obtain the approval of the Aviation Division of Caltrans and the Federal Aviation Administration, if required, to operate the proposed helipad. All construction and operational requirements of Caltrans and the Federal Aviation Administration shall be complied with. The applicant shall provide a copy of these agencies approval documents to the Planning Director within 30 days of their approval action. 9. The applicant shall submit to the City of Temecula Planning Department an approved hazardous materials storage and transportation plan (Hazardous Materials Management Plan), subject to the approval of the Riverside County Community Health Agency, Department of Environmental Health. The flight path for all helicopter traffic arriving and departing the project site shall be limited to the Highway 79 South corridor and commercial areas, unless it is determined 10. . R:\C U NOO4\04-0463 Temecula Regional Hospital\Draft PC CUP & DP Reso w CoCA.doc 12 . . . unsafe due to weather conditions. Flights over residential areas shall be avoided to the greatest extent possible. 11. All emergency vehicles shall turn off sirens no less than one quarter of a mile from the project site. 12. The project shall comply with all mitigation measures identified within the Final Mitigated Negative Declaration for the Temecula Hospital and the approved Mitigation Monitoring Program as attached. Police Department 13. All exterior lighting surrounding the project site should be energy-saving and minimized after 11 :00 PM to comply with the State of California Lighting Ordinance. Furthermore, all exterior lighting must comply with Mt. Palomar Lighting Requirements. 14. All exterior doors should have their own vandal resistant fixtures installed above. The doors shall be illuminated with a minimum one (1) foot candle of light at ground level, evenly dispersed. 15. All doors, windows, locking mechanisms, hinges, and. other miscellaneous hardware ~hall be commercial or institution grade. 16. Any graffiti painted or marked upon the buildings shall be removed or painted over within twenty-four (24) hours of being discovered. Notify the Temecula Police Department immediately so a report can be taken. 17. All roof hatches shall be painted "International Orange." 18. Any public telephones located on the exterior of this facility should be placed in a well- lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of this facility. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Signature Date Applicant Printed Name R:\C U PaOO4\Q4-0463 Temecula Regional Hospital\Draft PC CUP & DP Reso w CofA.doc 13 . . . EXHIBIT B CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No,: PA04-0463 (Development Plan) Project Description: A Development Plan to construct a 320-bed hospital facility, approximately 408,160 square feet In size, two medical office buildings totaling 140,000 square feet, a 10,000 square foot cancer center and an 8,000 square foot fitness rehabilitation center, all totaling approximately 566,160 square feet, located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road. Assessor's Parcel Nos. 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 MSHCP: D1F: Commercial Office TUMF: Service Approval Date: April 6, 2005 Expiration Date: April 6, 2007 WITHIN 48 HOURS OF PROJECT APPROVAL Planning Department Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 1. The applicant/developer shall deliver to the Planning Department a check or money order made payable to the Riverside County Clerk in the amount of One Thousand Three Hundred Twenty-Eight Dollars ($1,328.00) which includes the One Thousand Two Hundred and Fifty Dollar ($1,250.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty Four Dollars ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated Negative Declaration required under Public Resources Code Section 21108(a) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. R:\C U P\2004\04-0463 Temecula Regional HospitaI\Draft PC CUP & DP Reso w CoCAdoc 14 2. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. . WITHIN 14 DAYS AFTER THE FINAL APPROVAL DATE OF THE PROJECT, THE APPLICANT SHALL SUBMIT THE FOLLOWING: 3. The applicant shall submit seven (7) complete sets of final approved plans to the Planning Department with the following revisions shown on the plans. Planning staff will stamp these plans as approved for distribution to each department and the applicant. 4. The Landscape plan shall be revised as follows: a. The applicant shall provide vines on the screening wall at the loading dock area, subject to the approval of the Planning Director. b. The landscape plan shall provide shrubs, vines and/or other acceptable screening methods to screen the oxygen storage container in the loading dock area, subject to the approval of the Planning Director. c. The applicant shall revise the landscape plan to show final color and finish details for all decorative hardscape throughout the project site. Decorative hardscape shall be provided at all primary building entrances and outdoor gathering areas (including the hospital, medical office buildings, cancer center and fitness rehabilitation center). d. A minimum of one broad canopy type tree shall be provided per every 4 parking spaces. The tree shall be provided in close proximity to the parking spaces it is to shade. e. One landscape finger shall be provided per 10 parking spaces. The interior finger planting width shall be a minimum of 5' wide with the length equal to the adjoining parking space. Curbs and concrete walks shall not infringe on this 5' width. The planter shall contain a minimum of one tree with surrounding groundcover or shrubs or both. The grading plans shall be revised as necessary to reflect this requirement. . 5. The elevations for all buildings shall be revised in a manner that all exterior ladders are screened from the public view of Highway 79 South. 6. The applicant shall submit a separate plan, entitled outdoor furniture detail plan, showing details of all outdoor furniture, subject to the approval of the Director of Planning. Outdoor furniture shall be decorative and of high Quality appearance, 7. The applicant shall provide a detailed elevation drawing of the water and boulder feature at the main entrance, near the porte-cochere. Said feature shall -be subject to the approval of the Director of Planning. 8. The applicant shall submit cross section verifying that all roof mounted equipment will be screened from public view as determined acceptable by the Director of Planning. 9. The elevations and roof plans shall show internalized downspouts for all buildings and structures, excluding trash enclosures. . R:\C U P\2004\04-0463 Temecula Regional Hospital\Draft PC CUP & DP Reso w CofA.doc 15 10. . Trash enclosures shall be shown the site plan, landscape plan and elevations and shall comply with the following: a. Trash enclosures shall be provided to house all trash receptacles utilized on the site. b. All trash enclosures shall blend with the architecture of the overall center and include a decorative roof type feature as approved by the Director of Planning. c. Trash enclosures shall be screened from view. The applicant shall provide shrubs and wall vines on 3 sides of enclosures as required to provide screening. 11. The elevations shall be revised to show decorative lighting fixtures at the primary entry of each building/structure, subject to the approval of the Director of Planning. Details of all light fixtures, including decorative entry lighting and wall mounted lighting shall be provided on the plans. 12. The Applicant shall revise the site plan and provide a detailed elevation drawing to show a decorative fence no less than four feet in height around the helipad, subject to the approval of the Planning Director. Said fence shall be constructed in a manner that deflects horizontal wind velocities caused by the rotation of rotor blades, providing all FAR Part 77 imaginary surfaces and the surface of the area remain obstruction free, per Section 1710.020.P of the City of Temecula Development Code. PRIOR TO ISSUANCE OF A GRADING PERMIT Planning Department . 13. . The grading plan shall include the following notes: a. "If at any time during excavation/construction of the site, archaeologicaVcultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the propertY owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the propertY to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully Qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the determination is not an archaeologicaVcultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." b. The Applicant and/or landowner agrees to relinquish all cultural resources, including all archeological artifacts, that are found on the Project area to the Pechanga Band of Luisefio Indians for proper treatment and disposition. This mitigation measure shall be placed on the grading plan as a note prior to issuance of a grading permit. R:\C U P\2004\Q4-0463 Temecula Regional Hospital\Draft PC CUP & DP Reso w CofA.doc 16 c. Prior to any ground disturbance activities a Qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Band of Luiseiio Indians and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. This mitigation measure shall be placed on the grading plan as a note prior to issuance of a grading permit. If any human remains are encountered on the project site, all ground disturbing activities in the vicinity of the discovery will be terminated immediately and the County Coroner's office and the Pechanga Band of Luiseiio Indians will be contacted to arrange for the treatment of such remains. This mitigation measure shall be placed on the grading plan as a note prior to issuance of a grading permit. d. 14. A qualified paleontologist/archaeologist shall be chosen by the developer for consultation and comment on the proposed grading with respect to potential paleontologicaV, archaeological impacts. A meeting between the paleontologist/ archaeologist, Planning Department staff, and grading contractor prior to the commencement of grading operations and the excavation shall be arranged. The paleontologist/archaeologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. The applicant shall provide written verification that services for on-site professional archaeological and paleontological monitoring has been contracted during all phases of earthmoving activities. The Pechanga Band of Luiseiio Indians shall be contacted to afford the Band an opportunity to monitor ground-disturbing activities and participate in the decisions regarding collection and curation of any such resources. The applicant shall submit correspondence to the Planning Department that confirms that such contact has been made prior to the issuance of a grading permit. 16. The Applicant shall enter into a pre-construction agreement/treatment plan with the Pechanga Band of Luiseiio Indians, prior to the issuance of grading permits, that sets forth and contains the terms and conditions for the treatment of discoveries of Native American cultural resources. The agreement/treatment plan shall contain provisions for the treatment of all Native American cultural items, artifacts, and human remains that may be uncovered during the project. The agreement/treatment plan may allow for the presence of Pechanga tribal monitors during any ground-disturbing activities. The applicant shall submit a signed copy of the pre-construction agreement/treatment plan to the Planning Department prior to the issuance of a grading permit. 15. 17. The grading plan shall be revised to include the following: a. Earth berms as required along the northern property lines and along Highway 79 South as discussed in these conditions of approval. b. A note on the plans indicating all areas not proposed for development within 100 days shall be tufted, seeded and irrigated for soil and dust erosion. c. Show the 5-foot landscape dimension for all parking islands, including the Hoot concrete landing strip (7 feet total width). One parking island is required per ten (10) parking spaces. R\C U P\2004\04-0463 Temecula Regional Hospital\Draft PC CUP & DP Reso w CoCAdoc 17 . . . Public Works Department . 18. All on-site drainage facilities shall be maintained by a private maintenance association or property owner. 19. A copy of the grading, improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control and Water Conservation District for approval prior to the issuance of any permit. 20. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. 21. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 22. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Work,s. 23. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. . A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of liquefaction. 25. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. 24. 26. . NPDES - The project proponent shall implement construction-phase and post- construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction- phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include a combination of structural and non-structural onsite source and treatment control BMPs to prevent contaminants from commingling with stormwater and treat all unfiltered runoff year-round prior to entering a storm drain. Construction-phase and post-construction R:\C U P\2004\04-0463 Temecula Regional HospitaI\Draft PC CUP & DP Reso w CofAdoc 18 BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project . proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMP's. 27. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works 28. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 29. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 30. The Developer shall obtain any necessary letters of approval or slope easements for off- site work performed on adjacent properties as directed by the Department of Public Works. 31. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's . check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 32. The site is in an area identified on the Flood Insurance Rate Map as Flood Zone X. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. PRIOR TO ISSUANCE OF A BUILDING PERMIT Prior to the issuance of any building permit, the Developer shall design the following features into the approved construction plans, or submit the appropriate information as required below. Plans shall be reviewed and approved by the City of Temecula prior to issuance of a building permit. Planning Department 33. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color prints of the approved Color and Materials Board and the colored architectural elevations. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. . R:\C U 1'\2004\04-0463 Temecula Regional Hospital\Draft PC CUP & DP Reso w CofAdoc 19 . . . 34. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform substantially with the approved conceptual landscape plans, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: a. Consistency Check fee shall be paid (per the City of Temecula Fee Schedule at time of submittal of construction plans). b. One (1) copy of the approved grading plan. c. One (1) copy of an agronomic soils report. d. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). e. Total cost estimate of plantings and irrigation (in accordance with approved plan). f. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 35. The final construction landscape plan shall include the following: a. A calculation indicating the percentage of the site that is to be landscaped shall be provided on the construction landscape plans. The applicant shall insure that minimum required code percentages for landscaping are provided to meet the specific zone requirements. b. The applicant shall field verify adjacent existing street plantings and coordinate proposed plantings to be compatible as approved by the Director of Planning. c. An appropriate method for screening the gas meters and other externally mounted utility equipment shall be reviewed and approved by the Planning Department. d. Street trees shall be provided along all streets at the rate of one per every 30' of street frontage. e. Areas proposed for development in another phase occurring not within six months of the completion of the previous phase shall be temporarily tufted, seeded and irrigated for dust and soil erosion control. A note on the grading plan and landscape plan shall be provided. f. A minimum 5' width planting area shall be provided at the ends of all parking rows. Curbs and concrete walks shall not infringe on this 5' width. The planter length shall be equal to the adjoining parking space. The planter shall contain a minimum of one tree, shrubs and ground covers. Accent trees (minimum 36" box size) shall be provided at entries to parking areas in order to define the entry and provide a focal point. g. R:\C U P\2004\04-0463 Temecula Regional HospitaI\Draft PC CUP & DP Reso w CofA.doc 20 h. Indian Tribe, Faurei varieties shall be provided for Crape Myrtle. I. Additional trees shall be added on the north, east and west sides of building MOB #2. . j. A combination of large (no less than 24-inch box) Afghan Pines and California Pepper trees (or other large screen trees) shall be provided along the northern perimeter of the project to screen off-site views of the development as approved by the Director of Planning. k. A landscaped berm shall be provided along the northern property lines adjacent to the residentially zoned lots and DePortola, with mature (24" and 36" box) screen trees to screen the view of the buildings and reduce the amount of glare from the project site, subject to approval by the Director of Planning. A cross section shall be provided on grading and landscape plans verifying the buffer area. I. The landscaped area along Highway 79 South shall include a meandering berm with large shrubs to provide additional screening of the parking lot. The applicant shall provide a combination of shrub plantings and earth berms that can be maintained at a minimum height of 3' around all parking areas to screen parking from off-site views. m. All areas not designed for buildings, parking, driveways or other useable features shall be landscaped, unless approved by the Director of Planning. The area along the eastern property line, adjacent to the access driveway shall be landscaped, unless it is determined critical habitat not to be disturbed. . 36. The final construction plans shall include a photometrics plan showing foot-candle illumination in the parking lot, driveways, drive aisles, pedestrian paths of travel, building entrances and at property lines. A minimum of one-footcandle illumination shall be maintained throughout the site and a minimum of two foot-candle illumination shall be provided at primary building entrances. 37. The final construction plans shall demonstrate that all exterior lighting shall comply with Mount Palomar Lighting Ordinance 655, be directed down and fully shielded. Lighting onto adjacent properties shall be limited to the greatest extent possible. 38. Final Construction plans shall provide decorative lighting fixtures shall be provided at the primary entry of each building/structure, subject to the approval of the Director of Planning. Final construction plans shall provide details of all light fixtures, including decorative entry lighting, parking lot lighting and wall mounted lighting. 39. The applicant shall submit a detailed lighting plan for the helipad facility. 40. The split rail fencing for the equestrian trail proposed along the northern property lines, adjacent to the residences shall be extended from the current location to the western edge of the property line. Said fence shall a continuous fence beginning from the secondary driveway at DePortola to the western property line. . R:\C U P\2004\04-0463 Temecula Regional Hospita1\Draft PC CUP & DP Reso w CofA.doc 21 . . . 41. All roof mounted equipment shall be screened from public view as determined acceptable by the Director of Planning. All exterior wall mounted ladders (for all buildings) shall be located in a manner that they are not visible from Highway 79 South. 42. Public Works Department 43. Improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. c. Street lights shall be installed along the public streets adjoining the site in accordance with City Standard No. 800, 801, 802 and 803. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400, 401and 402. e. All street and driveway centerline intersections shall be at 90 degrees. f. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 44. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic Engineer and reviewed by the Director of the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 45. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 46. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all'Resolutions implementing Chapter 15.06. 47, The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Building Department The Conditions of Approval herein (Building Department) are not applicable to the projects that fall under the jurisdiction of the State of California (OSHPOD). These conditions are applicable to the construction documents for projects, specifically the medical office buildings that are within the jurisdiction of the City of Temecula Building and Safety Department. R:\C U P\2004\04-Q463 Temecula Regional Hospital\Draft PC CUP & DP Reso w CofA.doc 22 All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 49. A complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street-lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 48. 50. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 51. Obtain all building plans and permit approvals prior to commencement of any construction work. 52. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1,1998) 53. Provide disabled access from the public way to the main entrance of the building. 54. Provide van accessible parking located as close as possible to the main entry. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 56. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 55. 57. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 58. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 59. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 60. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Community Services Department 61. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 62. Prior to the first building permit or installation of additional street lighting whichever occurs first, the developer shall complete the TCSD application process, submit an R:\C U NOO4\04-0463 Temecula Regional Hospital\Draft PC CUP & DP Reso w CofA.doc 23 . . . . approved Edison Streetlight Plan and pay the appropriate energy fees related to the transfer of arterial street lighting on Hwy 79 South into the TCSD maintenance program Fire Department 63. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 64. The developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1). PRIOR TO THE ISSUANCE OF THE FIRST BUILDING PERMIT IN PHASE I - (A 17G-bed hospital with 80,000 square feet of medical office space), THE FOLLOWING CONDITIONS OF APPROVAL SHALL BE COMPLETED Public Works Department . 65. Parcel Map No. 32468 shall be recorded, unless otherwise approved by the Director of Public Works. 66. The Developer shall design the following public improvements to City of Temecula. General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works a. Highway 79 South (Urban Arterial Highway Standards - 134' R/W) to include installation of sidewalk, street lights, underground utilities,drainage facilities, signing and striping, utilities (including but not limited to water and sewer). I. Westbound a. Provide a dedicated right turn lane - 12 foot wide by 200 feet long b. Provide three (3) thru lanes c. Provide one(1) left turn lane iL Eastbound a. Provide two (2) left turn lanes b. Provide two (2) thru lanes and c. Provide one (1) shared thrulright lane iiI. All utilities, except electrical lines rated 34kv or greater, shall be installed underground. . R:\C U P\2004\04-0463 Temecula Regional Hospital\Draft PC CUP & DP Reso w CofA.doc 24 iv. The traffic signal at the intersection of Highway 79 South and Country Glen Way shall be modified to allow a full movement intersection. Main entry (Country Glen Way) and Highway 79 South I. Provide a 245' continuous median from Highway 79 South to main drive aisle iL Southbound (exiting site) a) Provide two (2) left turn lanes b) Provide a 20 foot wide shared thrulright turn lane iiL Northbound (entering site) - 28 foot wide c. Half-street improvements of De Portola Road (Modified Secondary Arterial - 88' R/W) along property frontage plus taper to include installation of pavement, street lights, drainage facilities, signing and striping, and utilities (including but not limited to water and sewer). d. State Route 79/Redhawk Parkway (Margarita Road) I. Provide southbound and eastbound right turn traffic signal overlap. b. 67. Private roads shall be designed to meet City public road standards. Unless otherwise approved the following minimum criteria shall be observed in the design of private streets: a. b. Half-street improvements of Dona Lynora (66' R/W) to include the installation of paving, curb and gutter, utilities (including but not limited to water and sewer) I. Restricted to right in/right out vehicular movement Private (28 foot wide) ingress/egress road from Dona Lynora to De Portola Road to include installation of paving and curb as shown on the approved site plan. PRIOR TO THE COMMENCEMENT OF BUILDING CONSTRUCTION THE FOLLOWING SHALL BE COMPLETED Fire Department 68. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 Ibs. GVW (CFC 8704.2 and 902.2.2.2). 69. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus (CFC 902.2.2.4). PRIOR TO THE ISSUANCE OF THE FIRST BUILDING PERMIT IN PHASE II - (Expand to a 320-bed hospital plus an additional 60,000 square foot medical office space), THE FOLLOWING CONDITIONS OF APPROVAL SHALL BE COMPLETED R:\C U P\2004\04-0463 Temecula Regional Hospital\Draft PC CUP & DP Reso w CofA.doc 25 e . . . . . Public Works Department 70. The Developer shall design the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works a. Dartolo Road (Collector - 78' RJW) to be improved with additional paving to allow for two through lanes and a center turn lane. b. Provide an internal connection from project site to Dartolo Road to include paving, curb, gutter, street lights, over crossing of drainage channel, and utilities. PRIOR TO RELEASE OF POWER Planning Department 71. The applicant shall paint a 3-foot x 3-foot section of each building for Planning Department inspection, prior to commencing painting of the building. Building Department 72. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY Planning Department 73. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 74. The property owner shall fully install all required landscaping and irrigation, and submit a landscape maintenance bond in a form and amount approved by the Planning Department for a period of one-year from the date of the first occupancy permit. 75. Performance securities (Maintenance bond), in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings within private common areas and the Right-of-Way for a period of one year, in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Department for one year from 'final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released. 76. A report of findings, including an itemized inventory of recovered specimens, should be prepared upon completion of the steps outlined the initial study, under cultural resources. The report should include a discussion of the significance of all recovered specimens. The report and inventory, when submitted to the Lead Agency (City of Temecula), would signify completion of the program to mitigate impacts to the palentologic and archaeological resources. R:\C U P\2004\04-0463 Temecula Regional Hospital\Draft PC CUP & DP Reso w CofA.doc 26 Police Department 77. Roof Hatches: All roof hatches shall be painted "International Orange." e 78. Marked Parking for Disabled Vehicles: All disabled parking stalls on the premises shall be marked in accordance with section 22511.8 of the California Vehicle Code. Fire Department 79. The developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau (CFC 7901.3 and 8001.3) 80. A simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 81. 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 902.2.2.1). 82. This development shall have two (2) points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau (CFC 902.2.1). Blue Reflective Markers shall be installed to identify fire hydrant locations (CFC 901.4.3) 83. 84. e Approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors, as approved by the Fire Prevention Bureau (CFC 901.4.4). 85. Based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation (CFC Article 10, CBC Chapter 9). 86. Based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation (CFC Article 10). 87. All locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet (CFC sec 902). e R:\C U P\2004\04-0463 Temecula Regional Hospital\Draft PC CUP & DP Reso w CofA.doc 27 . 88. A "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the fire riser door (CFC 902.4). 89. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY OF PHASE I PHASE I - a 170-bed hospital with 80,000 square foot medical office space Public Works Department . 90. The following improvements shall be constructed and operational: a. Highway 79 South i. Traffic signal modifications at the intersection of Highway 79 South and Country Glen Way. a) Roadway improvements b) Westbound i) Provide a dedicated right turn lane - 12 foot wide by 200 feet long ii) Provide three (3) thru lanes iii) Provide one( 1) left turn lane c) Eastbound i) Provide two (2) left turn lanes ii) Provide two (2) thru lanes and iii) Provide one (1) shared thru/right lane 91. Main entry (Country Glen Way) and Highway 79 South a. Provide a 245' continuous median from Highway 79 South to main drive aisle b. Southbound (exiting site) i. Provide two (2) left turn lanes ii. Provide a 20 foot wide shared thru/right turn lane c. Northbound (entering site) - 28 foot wide 92. Half-street improvements of De Portola Road (Modified Secondary Arterial - 88' R/W) along property frontage plus taper to include installation of pavement, street lights, drainage facilities, signing and striping, and utilities (including but not limited to water and sewer). a. State Route 7g/Redhawk Parkway (Margarita Road) i. Southbound and eastbound right turn traffic signal overlap . R:\C U P\2OO4\04-0463 Temecllla Regional Hospital\Draft PC CUP & OP Reso w CofA.doc 28 93. Private roads shall be designed to meet City public road standards. Unless otherwise approved the following minimum criteria shall be observed in the design of private streets: . a. Half-street improvements of Dona Lynora (66' R/W) to include the installation of paving, curb and gutter, utilities (including but not limited to water and sewer) i. Restricted to right in/right out vehicular movement b. Private (28 foot wide) ingress/egress road from Dona Lynora to De Portola Road to include installation of paving and curb as shown on the approved site plan. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY OF PHASE II PHASE II - Expand to a 320-bed hospital plus an additional 60,000 square foot medical office space. Public Works Department 94. The following improvements shall be constructed and operational: a. Dartolo Road (Collector - 78' R/W) to be improved with additional paving to allow for two through lanes and a center turn lane. b. Provide an internal connection from project site to Dartolo Road to include paving, curb, gutter, street lights, over crossing of drainage channel, and utilities. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 95. e 96. All public improvements, shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 97. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. GENERAL REQUIREMENTS Planning Department 98. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection 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 . R:\C U P\2004\04~0463 Temecula Regional Hospital\Draft PC CUP & DP Reso w CafA.doc 29 . 99. 100. 101. 102. 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 (Planning Department). The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. The applicant shall comply with the Mitigation Monitoring Program for the project as attached. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The Director of Planning may, upon an application being filed within thirty days prior to expiration and for good cause, grant a time extension of up to three, one-year extensions of time, one year at a time. The development of the premises shall substantially conform to the approved site plan, contained on file with the Planning Department. 104. This development Plan may be revoked pursuant to Section 17.05.010 of the City's Development Code. 103. . 105. The development of the premises shall substantially conform to the approved site plan elevations and landscape plans contained on file with the Planning Department. 106. 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 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 condition 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. . Material Stucco Color NO.1: Stucco Color NO.2: Tile Base: Aluminum Panel: Ceramic Roof Tile: Tinted Glass: Window Frame: Color Senergy, Parchment, # 342 Senergy, Walden, # 3104 Daltile, 12" x 12" Continental Slate, Indian Red CS51 Centria, 9910 L T Seawolf Monier Lifetile, Terra Cotta Flashed Viracon, Bronze VE 4-2M Kawneer, Medium Bronze Kynar 500 Fluorocarbon R:\C U P\2004\04-0463 Temecula Regional HospitaI\Draft PC CUP & DP Reso w CoCA.doc 30 107. The condition 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 staff prior to approval of the use or utilization of an item, material, equipment, finish, technique that City staff determines to be the substantial equivalent of that required by the condition 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. 108. All utilities shall be screened from view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. A 3' clear zone shall be provided around fire check detectors as required by the Fire Department before starting the screen. Utilities shall be grouped together in order to reduce intrusion. Screening of utilities shall not look like an after-thought. Planting beds shall be designed around utilities. All light poles shall be located on the landscape plans and the applicant shall insure that there are no conflicts with trees. 109. The applicant shall insure that mature plantings will not interfere with utilities, adjacent site existing structures and landscaping and traffic sight lines (Planning Department). 110. Prior to the approval and issuance of any permanent signs, a sign program shall be submitted for review and approval for the project site. 111. A separate building permit shall be required for all signage. 112. Landscaping shall substantially conform to the approved (Conceptual Landscape Plan) contained on file with the Planning Department. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of . Planning. If it is determined that the landscaping is not being maintained, the Director of Planning 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. 113. All requirements of Development Code Chapter 17.32 (Water Efficient Landscape Design) are required to be met. Police Department 114. Graffiti: Any graffiti painted or marked upon the building shall be removed or painted over within twenty-four (24) hours of being discovered. Notify the Temecula Police Department immediately so a report can be taken. 115. Crime Prevention: Any business desiring a business security survey of their location can contact the crime prevention unit of the Temecula Police Department. 116. Public Telephones: Any public telephones located on the exterior of the building should be placed in a well-lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the building. . R:\C U P\2004\04-0463 Temecula Regional Hospital\Draft PC CUP & DP Reso w CoCAdoc 31 . . . 117. Landscaping: Applicant shall ensure all landscaping surrounding the building are kept at a height of no more than three feet (3') or below the ground floor windowsills. Plants, hedges and shrubbery should be defensible plants to deter would-be intruders from breaking into the building utilizing lower level windows. a. The placement of all landscaping should comply with guidelines from Crime Prevention Through Environmental Design (CPTED). 118. Lighting: All parking lot lighting surrounding the complex should be energy-saving and minimized after hours of darkness and in compliance with the State of California Lighting Ordinance. Furthermore, all exterior lighting must comply with Ml. Palomar Lighting Requirements. 119. All exterior doors should have their own vandal resistant fixtures installed above. The doors shall be illuminated with a minimum one (1) foot candle of light at ground level, evenly dispersed. Building Department 120. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 121. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays Community Services Department 122. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 123. All trash enclosures shall be large enough to accommodate a recycling bin, as well as a regular solid waste container. 124. The property owner or private maintenance association shall maintain all parkways, perimeter landscaping, trail, walls, fences and on site lighting. 125. The developer shall comply with the Public Art Ordinance. Fire Department 126. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 3000 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a total fire flow of 3850 GPM with a 2 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or R:\C U P\2004\04..0463 Temecula Regional Hospital\Draft PC CUP & DP Reso w CofA.doc 32 automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided (CFC 903.2, . Appendix III-A). 127. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A minimum of 3 hydrants, in a combination of on-site and off-site (6' x 4' x 2-2 1/2' outlets) on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 400 feet apart, at each intersection and shall be located no more than 225 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC 903.2, 903.4.2, and Appendix III-B). 128. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. On site fire hydrants are required for this project (CFC 903.2). 129. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC 8704.2 and 902.2.2). 130. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). . 131. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel. This condition only applies if any manual or electronic gate is proposed or conditioned (CFC 902.4). 132. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the City; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports (CFC Appendix II-E). OUTSIDE AGENCIES 133. The applicant shall comply with the attached letter dated July 7,2004 from the Riverside County Department of Environmental Health. 134. The applicant shall comply with the attached letter dated July 24, 2004 from the Riverside County Flood Control and Water Conservation District. 135. The applicant shall comply with the attached letter dated July 21, 2004 from the Riverside Transit Authority (RTA). 136. The applicant shall comply with the attached letter dated July 12, 2004 from the Rancho California Water District. . R:\C U P\2004\04-0463 Temecula Regional HospitaI\Draft PC CUP & DP Reso w CofA.doc 33 . . . By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name R:\C U NOO4\04-0463 Temecula Regional Hospital\Draft PC CUP & DP Reso w CofA.doc 34 ~~ COUNTY OF RIVERSIDE · COMMUNITY HEALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH . July 7, 2004 City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Dan Long .- 1~[E~ :-e II IJ i~ ~ I" JC' ,,~i:904 if! - L.J By --.= - RE: Plot Plan No. P A04-0462 & P A04-0463 Dear Mr. Long: Department of Environmental Health has reviewed the Plot Plan No. PA04-0462 & PA04-0463 to construct Temecula Regional Hospital and has no objections. Water and sewer services should be available in this area, although we have not ill receipt of any information conv,;,.":"g those services. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD BE REQUIRED: a) "Will-serve" letters from the "l'y..,y.:ate water and sewering districts. . b) Any food establishments, (including vending machines), shall require three complete sets of plans for each food establishment will be submitted including a fixture schedule, . a finish schedule and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law 2. For specific reference, contact Food Facility Plan Examiners at (909) 600-6330. c) Any hazardous materials handling or storage shall require a clearance letter from the Department of Environmental Health Hazardous Materials Management Branch (955- 5055) Sincerely, Sam Martinez, Supervising Environmental Health Specialist (909) 955-8980 NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of Environmental Health clearance. cc: Doug Thompson, Hazardous Materials . .ow Enfo..,emeot A!l"ocy . p.o. Box 12BO, Riverside, CA 92502-12BO . (909) 955-8982 . FAX (909) 781-9653 . 40BO Lemon Street, 9th F1oo~ Riverside. CA 92501 ad Use IIIld Water Ea8lneerlng . P.O. Box 1206, RiveJSide, CA 92502-1206 . (909) 955-8980 . FAX (909) 955-8903 . 4080 lemon Street, 2nd Floor. Riverside. CA 92501 _._----~. -' .._~-~.~.~... 1995 MARKET STREET RIVERSIDE, CA 92501 909.955.1200 909.788.9965 FAX Gen.raI Manag.r-Chi.fEngin.... Slt80.l City ofTemecula Planning Department Post Office Box 9033 Temecula, Califomia 92589-9033 Attention: DM-1 \.,.o,Jq RIVERSIDE COUNTY FLOOD CONTR'~ @ ~ 0 \!J ~ J" AND WATER CONSERVATION DISTR I JUL 2 8 2004 . e By ladies and Gentlemen: Re: The District does not nonnally recommend conditions for land divisions or other land use cases in incorporated .cities. 111e District also does not plan check ~ land use cases, or provide State Division of Real Estate letters or other flood haZard ,,," ~,;.. for such cases. District comments/recommendations for such cases are nonnal/y limited to Items of spl1cific Interest to the District Including District Master Dralnage Plan facilities, other regional flood control and dfalnage faclUties which.could be Cl>nsidered a 1~1 componenf or extension of a master plan sYStem, and District Area Drainage Plan fees (development mitigation fees). In addition, .Infom'lation of a general nalure is provided. The District has not reviewed the proposed project in detail and the following checked comments do not in any way constitute or imply District approval or endorsement of the '" """.ad project with respect to flood hazard, public health and safety or any other such Issue: . . This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional Interest proposed. $- This project Involves District Master Plan facilities. The District will accept ownership of such facilities on written request of the City. Facllities must be constructed to District standards, and District plan check, and inspf1Clion will be required for District acceptance. Plan check, inspection and administrative fees will be required. ThIs project proposes channels, stann drains 36 inches or larger in diameter, or other facilities that could be consldefed regional in nature and/or a Io!lical extension of the adopted Master Drainage Plan. The District woula consider accepting ownershil? 01 sucn laClllues on wnnen request of the City. Facilities must be constructed to District standards, and District Plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. .f'A Oq-()'fj,,'l. ~ PA- ot-o~(,.3 . ThIs pro~ is located within the . limits of the District's Area Drainage Plan for which drainage fees have been ad~tea; applicable lees snoulo oe palo oy cashier's check or money order only to !fie Flood Control District prior to issuance of building orgradil)Q pennits whichever comes first. Fees to be paid should be at the rate in effect at the time of issuance of the. actual penni!. GENERAL INFORMATION This project may reguire a National Pollutant Discharge Elimination System (NPOESl IlBrmit from the State Water Resources Control Board. Clearance for grading, recOrdation, or other final approval should not be given until the . City has determined thatlhe project has been granted a permit or is. shown to be exempt. If this prolect involves a Federal Emergenc:y Management Agency (FEMAl mapped flood plain, then the Cltv should requiretf1e applicant to provide all studies calculations, Plans and other Infonnation re~uir'ed to meel FEMA relluirements, and should further require thai the applicant obtain a Conditional letter of Map Revision (ClOMR) prior to grading, recordation or other final approval of the project, and a letter of Map Revision (lOMR) prior to occupancy. If a natural watercourse or mapped flood plain is impacted by this project. the City should require the ap~licant to obtain a Secllon 1601/1603 Agreement frOm the Califoinla Department of Fish and Game and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or. written correspondence from lhese agencies indicating the proiect is exempt from these ~ulrements. A Clean Water Act Section 401 Water QualitY Certification may be required lrom the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. )( /rfJ ~f;..lt l'/SII-t.J", syt1ll.,L.. lit! - D~l1'-"I..JEt> fO\2-#o1J'I "Ju,..1'- vJI114'IN r~ ])\$1l!-Ic..r I4qtt1-or-~ffl I(I--..J 111+ DI&~ c.., f=A<.ll.../ 11 (ii$, ""'e~c."'vPo q.~\"'" L.-\.~ .,( c:,..M Very truly yours, ~4 ARTURO OIAZ Senior Civil Engineer Oate:~/Y'..z-/, ;1a1-f I . . . . ( - - RIverside Transit Agency 1825 third Street P.O. Box 59968 Riverside, CA 92517.1968" Phone: (909) 565-5000 Fax: (909) 565-5001 July 21,2004 Mr. Dan Long, Case Planner Planning Dept., City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 SUBJECT: P04-0462 and PA04-0463 - Temecula Hospltal- Comments from RTA Dear Mr: Long: Thank you for the opportunity to review the site plan for the proposed 535,000 sq ft medical complex at Temecula Hospital along State Route (SR) 79. A copy of RTA Planning's internal Development Review Memo is enclosed and provides additional rationale and technical detail in support of the requests for transit amenities that would expand mobility options for this project. To encourage and enhance future transit options at Temecula Hospital, RTA recommends the site plan or street improvement plans be revised at to show the following features: · A paved, lighted, and ADA-compliant transit bus stop with a 220 ft-Iong turnout configura- tion capable of accommodating two parked buses, to be installed along the N side of SR 79. just west of the primary hospital entrance. The bus stop should incorporate a paved passenger waiting area and space for installation of benches and passenger shelters. ". Information note: Sufficient right-of-way appears available for this turnout without significant adjustment to sidewalks, loss of parking spaces or required landscaping and with minimum disturbance of future street tree or utility structure installations. .RTA staff is also recommending designation on the plans of an additional specified clear path of travel from the bus stop to the entrance of the main hospital building. . RTA staff also advises that the project proponents work with the City to install two new passenger shelters at the new bus stop that are complimentary to the hospital's design and architectural themes. RTA requests these recommendations be made conditions of approval for PA 04-0462 and PA04-0463. If you need further clarification or I can be of further assistance, please call me at (909) 565-5164 or contact me online at mmccov(a)riversidetransit.com. Si?::w~ Michael McCoy Senior Planner F:\dala\Planning\MikeMlWord\Oev Review\Temecula\2004\RTA Llrhd - Temec Hosp.doc ..-..... -..... RiftrsIde Transit Ag8KJ July 21,2004 PLANNING DEPARTMENT MEMO . DEVELOPMENT REVIEW Anne Palatino, Director of Planning Michael McCoy, Senior Planner ~ City of Temecula. Cases PA04-0462 & -0463: Plot Plan review and CUP for 535,000 sq ft of hospital and medical-related facilities. N of State Route (SR) 79 and W of Margarita Rd; Riverside Transit Agency (RTA) Comments Bus routes involved: Existing Route 24 and future bus routes Summary: Universal Health Care Services Inc proposes a site plan and conditional use permit for the Temecula Hospital project, 535,000 sq ft of medical facilities located on 35 now vacant acres Yo mile west ofthe SR79-Margarita Rd Intersection in a rapidly expanding commercial district of Temecula. This will be the first full-facility medical institution In Southwest Riverside County and will be a distinct asset to the community, challenging planners and engineers to provide a robust suite of mobility options for access to ~ The project includes the following components: To: From: Subject: . 176-bed, 6-story hospital building, Including Emergency admittance . A 5-story expansion of the hospital . Two multi-story medical office buildings . Cancer center . Fitness center . 1280 parking spaces The site plan's perimeter and interior circulation patterns are very good, with primary access provided directly off a signalized intersection at SR 79 and Country Glen Wy. The hospital's main building entrance will have a covered drlve-thru loop suitable for van- pools, paratransit and most private vehicles. Several ADA paths-of-travel are specified on the site plan for connection between the main hospital and all perimeter driveways. e RTA operates Route 24 along some portions of SR79 but the bus currently does not stop at this site. RTA Is currently studying a generai reconfiguratlon of bus routes In South- west Riverside County and anticipates additional bus service along SR79 and Margarita Rd In the relatively near future since it is an important arterial that would serve many commercial generators of bus traffic. In considering what transit amenities would be appropriate for the Temecula Hospital site, RTA staff looked at other comparable hospitals in the Inland Counties. In some cases, such as Route 17, the hospital is Important enough to be the route terminus or name of the line as Identified on the bus itself. Also, several distinct transit routes often serve a single large hospital, as listed on the next page. It was found that in general, buses would come onto the site, close to the main building, . to drop off and pick up passengers if the facility was publicly owned, such as Riverside F:\dala\PlanninglMikeMlWordlDev ReviewlT emecula\2004\T emeculaHosp.doc County General Medical Center In Moreno Valley. For privately owned hospitals, like Kaiser or San Gorgonlo, the transit stop was always off the property along a nearby street. Some examples of transit service and stops are: . . Kaiser Hospital in Riverside: 2 lines, with transit stops along Magnolia having multiple turnouts, benches and shelters, etc; . Lorna Linda Hospital: 3 lines, with transit stops at several locations on perimeter of complex and other nearby medical facilities such as the Veterans Hospital; . Riverside General: 3 lines, with transit center and bus turn-around on site, very close and convenient to main building; . Riverside Community: 2 lines, bus stops along Magnolia, off the property; . Corona Regional Med ctr: 2 lines, bus stops along S Main St, off the property; . St. Bernardine Med Ctr: 3 lines, multiple bus stops along various perimeter sts Smaller hospitals such as Menifee Valley Med Ctr or the Inland Valley Regional Medical Ctr are not expected to be comparable to the planned Temecula facility upon Its full build-out. RTA staff believes Riverside's Kaiser Hospital bus stop configuration would . be most comparable with the future needs of the proposed Temecula facility, since the former also has several medical towers, doctor offices and a similar perimeter access road network. No on-site access for regular transit buses is anticipated at either site. . To ensure safety and convenience of future transit operations at the Temecula Hospital, RT A Is respectfully requesting the site plan or associated street engineering plans be amended to include a two or three-bay bus stop and bus turnout located at: . North side of State Highway 79, on the far side (west of) the proposed signalized Intersection with Country Glen Wyand the primary hospital entrance. The stop's taper, or entrance area, should begin no closer than 50 feet from the end of the intersection's radius and extend for no less than 220 ft to accommodate two parked buses. The exact position would depend on location of utility structures, commer- cial signs, street lighting, key landscaping and other factors. The minimum depth (i.e. width) of the turnout is 10 ft, however this may be reduced to 5 ft If a designa- ted, striped bike path is installed along this portion of State Highway 79. . Additionally, RT A requests the site plan specify another clear path of travel from the main building going directly out to the requested bus stop location. . RT A staff also requests that the project proponents consider Investing In some additional architectural amenitlils for the bus stop, Its benches and shelters by perhaps taking this opportunity to make a positive visual statement at this site in the. interests of maintaining the community Image of Temecula. Because this facility will be one of the most well-known and visited places In the city, Its bus stop is deserving of a hlgh-quality bench and shelter that are visually compatible anti complimentary to the main building architectural theme. The applicant's architect or engineers are urged to contact RT A staff for further details. RT A staff will request the multi-bay bus turnout and the path of travel discussed above be made conditions of approval for cases 04-0462 and 0~463. RT A staff will work with future developers of the eastbound bus stop site (across SR 79) to ensure it is comparable and compatible with the stop in front of the Hospital. . INITIAL REVIEW INFORMATION - Review completed date: July 21, 2004. F:\data\Planning\MikeMlWord\Dev ReviewlT emecula\2004\T emeculaHosp.doc r @ Rancho later Board of Directori John E. Hoagland President c..ba F. Ko Sr. Vice President Stephen J. Corona Ralpb H. Daily Ben R. Drake Lisa D. Herman lobo V. Rossi Officers: Brlam d. Brady General Manager PhDlip 1.. Forbes DUedor ofFinanee-~ E.P. "Bob- LemoDS Director of Engineering Pen:')" R Louck Con"""" Linda M. FrecO*P District SeaetaryiAdministrative Servieea Manager C. Michael Cowett Bestu-t.~LL1" ........,c......... , , July 12, 2004 . SUBJECT: "'.H .".' ... .'.," ,,) J'/ .'~' " ..'/,r . -1';;/ 1:< W' iQ, 0"/' c- C;/ 0>~, .1'/..>, . ~'0 '2 <::Y@ '" ~~ WATER AVAILABILITY, TEMECUL GIONALHOSPITAL; PARCELS NO.1, NO.2, AND NO.3 OF PARCEL MAP 13043; PARCEL 4 OF PARCEL MAP 6813; AND PARCELS NO.1, NO.2, NO.3, AND NO.4 OF PARCEL MAP 13734; APN 959-080-001 TIlROUGH APN 959-080-004, AND APN 959-080-007 THROUGH APN 959-080-010; P A04-0462 AND P A04-0463 Dan Long, Project Planner City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589 - 9033 Dear Mr. Long: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon construction of any required oncsite and/or off- site water facilities and the completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. . All on-site public water facilities will require public utility easements in favor of RCWD. The project proposes to relocate RCWD's 12-inch discharge pipeline and the associated easement from RCWD Well No. 120. This pipeline must be contained within a minimum 20-foot-wide easement, which is located such that no permanent structures or trees are located within its boundaries. The project proponent should schedule a meeting with RC'\YI) to confirm and detail these requirements. If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT 7l:J:!L{~~er, P. Development Engineering O41MM:mcOIBlFCP . c: Laurie Williams, Engineering Services Supervisor Bud Jones. Engineering Project Coordinator Rancho Califol'llia Water District 42135 Winchester Road . Post Office ~ 9017 . Temecula, CAlifomie. 92589-9017 . (909l296-6900. FAX (909) 2$6-68GO . . . ATTACHMENT NO.6 PC RESOLUTION NO. 2005-_ (TENTATIVE PARCEL MAP) R:\C U P\2004\04..0463 Temecula Regional Hospital\PC-ST AFF REPORT.doc 20 . . . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF TEMECULA APPROVING - TENTATIVE PARCEL MAP NO. 32468, TO CONSOLIDATE EIGHT LOTS TOTALING 35.31 ACRES INTO 1 PARCEL, LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 959-080-001 THROUGH 959-080- 004 AND 959-080-007 THROUGH 959-080-010 (PA04-0571) WHEREAS, UHS of Delaware,lnc, filed Planning Application Nos. PA04-0462, General Plan Amendment and Zone Change; PA04-0463, Development Plan and Conditional Use Permit; and PA04-0571, Tentative Parcel Map, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located at the north side of Highway 79 South, approximately 700 feet west of Margarita Road known as Assessors Parcel No(s). 959-080- 001 through 959-080-004 and 959-080-007 through 959-080-010 and an Initial Study was prepared in accordance with CEQA Guidelines (Project); WHEREAS, Planning Application No. PA04-0571 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act; WHEREAS, the Planning Commission, at a regular meeting, considered Planning Application No. PA04-0571 on April 6, 2005 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; WHEREAS, the Planning Commission adopted Resolution No. 2005-_ recommending that the City Council adopt a Negative Declaration and Mitigation Monitoring Program; WHEREAS, The Planning Commission adopted Resolution No. 2005-_ recommending the City Council approve a General Plan Amendment; Resolution No. 2005-_ recommending the City Council approve a Zone Change; Resolution No. 2005-_ recommending that the City Council approve a Conditional Use Permit and a Development Plan; WHEREAS, The Planning Commission adopted Resolution No. 2005-_, recommending the City Council approve a Tentative Parcel Map; WHEREAS, at the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended the City Council approve the Project, subject to and based upon the findings set forth hereunder;; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. R:\C U P\2004\04-0463 Temecula Regional Hospital\Draft PC TPM Resolution.DOC 1 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OFTEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. . Section 2. Findinas. That the Planning Commission, in recommending approval of the Application, hereby recommends the following findings as required in Section 16.09.140 of the Temecula Municipal Code. A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, Subdivision Ordinance, General Plan, and the City of Temecula Municipal Code /;1ecause the proposed subdivision map is consistent with the development standards wIthin the Development Code, Subdivision Ordinance and related General Plan Amendment. B. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract; C. The site is physically suitable for the uses and proposed density as shown on the tentative map as proposed by the Applicant; D. The design of the proposed subdivision and the proposed improvements, with appropriate conditions of approval, is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There are no known fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or habitat off-site. In . addition, a Mitigated Negative Declaration has been prepared and certified prior to action on the Application; E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided; H. The subdivision is a commerclaVoffice project and is not subject to Quimby fees. Section 3. Conditions.. The Planning Commission of the City of Temecula approves the Project (Tentative Parcel Map No. 32468) to consolidate eight parcels totaling 35.31 acres into one parcel for all of the foregoing reasons and subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary. R:\C U Pl2004\D4-0463 Temecula Regional HospitallOraft PC TPM Resolution.DOC 2 . . . . Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 6th day of April, 2005. David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No.2005- _ was duly and regularly adorted by the Planning Commission of the City of T emecula at a regular meeting thereof held on the 61 day of April, 2005, by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\C U P\2004\04-Q463 Temecula Regional HospilallDraft PC TPM Resolution.DOC 3 . . . EXHIBIT A CITY COUNCIL RESOLUTION 05-_ (TENTATIVE PARCEL MAP) R:\C U P\2004\04-D463 Temecula Regional Hospital\Dratt PC TPM Resolution.DOC 4 . . . RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING - TENTATIVE PARCEL MAP NO. 32468, TO CONSOLIDATE EIGHT LOTS TOTALING 35.31 ACRES INTO 1 PARCEL, LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 959-080- 001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959- 080-010 (PA04-0571) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of T emecula does hereby find, determine and declare that: A. UHS of Delaware, Inc., filed Planning Application Nos. PA04-0462, General Plan Amendment and Zone Change; PA04-0463, Development Plan and Conditional Use Permit; and PA04-0571, Tentative Parcel Map, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessors Parcel No(s). 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"); B. The applications for the Project were processed and an environmental review was conducted as required by law, including the California Environmental Quality Act; C. The Planning Commission of the City ofTemecula held a duly noticed public hearing on April 6, 2005 to consider the applications for the Project and environmental review, 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 consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2005-_ recommending approval of a Mitigated Negative Declaration and Mitigation Monitoring Plan for the Project; Resolution No. 2005-_ recommending the City Council approval of a General Plan Amendment; Resolution No. 2005-_ recommending the City Council approval of a Zone Change; Resolution No. 2005-_ recommending the City Council approval of a Conditional Use Permit and Development Plan; E. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2005-_ recommending approval of a Tentative Parcel Map; F. On ,2005, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. G. On ,2005, the City Council of the City of Temecula approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted R:\C U P\2004104-0463 T emecula Regional HospitallDraft PC TPM Resolution.DOC 5 Resolution No. 05-_; approving a General Plan Amendment, Resolution No. 05-_ ; approving a Zone Change, Ordinance No. 05-_; approving a Conditional Use Permit and Development Plan; . H. On , 2005, the City Council of the City of T emecula approved a Tentative Parcel Map for the Project when it approved Resolution No. 05- . Section 2. The City Council of the City of T emecula hereby makes the following findings: A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, Subdivision Ordinance, General Plan, and the City of Temecula Municipal Code for the following reasons: 1. The proposed subdivision map is consistent with the development standards within the Development Code, Subdivision Ordinance and related General Plan Amendment B. The Tentative Map does not proposed to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act contract of 1965 or the land is is subject to a Land Conservation Act contract. C. The site is physically suitable for the uses and proposed density as shown on the tentative map as proposed by the Applicant; D. The design of the proposed subdivision and the proposed improvements, with appropriate conditions of approval, is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There are no known fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or habitat off-site. In addition, a Mitigated Negative Declaration has been prepared and certified prior to action on the . Application; E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. H. The subdivision is a commercial project and is not subject to Quimby fees. Section 3. The City Council of the City of T emecula hereby approves Tentative Parcel Map No. 32468, Application No. PA04-0571, consolidating eight parcels totaling 35.31 acres into 1 parcel, for the property generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as assessors parcel no(s). 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 subject to the specific conditions set forth in Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full. R:\C U P\2004\04-0463 Temecula Regional HospitallDraft PC TPM Resolution.DOC 6 . . . . Section 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this _ day of ,2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 05-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the _ day of , 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:\C U P\2004104-0463 Temecula Regional HospitallDraft PC TPM Resolution.DOC 7 . . . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0571 (Tentative Parcel Map 32468) Project Description: A Tentative Parcel Map (TPM 32468) to consolidate eight parcels totaling 35.31 acres into one parcel located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road. Assessor's Parcel No.: 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 DIF: Office TUMF: Service MSHCP: Commercial Approval Date: April 6, 2005 April 6, 2008 Expiration Date: WITHIN FORTY-EIGHT (48) HOURS OF PROJECT APPROVAL It is understood that the Developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. Planning Department 1. The applicanVdeveloper shall deliver to the Planning Department a check or money order made payable to the Riverside County Clerk in the amount of One Thousand Three Hundred Twenty-Eight Dollars ($1,328.00) which includes the One Thousand Two Hundred and Fifty Dollar ($1,250.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty Four Dollars ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated Negative Declaration required under Public Resources Code Section 211 08(a) and California Code of Regulations Section 15075. If within said forty- eight (48) hour period the applicanVdeveloper has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. R:\C U P\2004\04-0463 Temecula Regional HospilallDraft PC TPM Resolution.DOC B PRIOR TO THE ISSUANCE OF A GRADING PERMIT e Planning Department 2. A copy of the Rough Grading plans shall be submitted and approved by the Planning Department. 3. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. 4. The following shall be included in the Notes Section of the Grading PI1in: "If at any time during excavation/construction of the site, archaeologicaVcultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeologicaVcultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeologicaVcultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures hi'lve been approved by the Director of Planning." A qualified paleontologisVarchaeologist shall be chosen by the developer for consultation and comment on the proposed grading with respect to potential paleontologicaV archaeological impacts. A meeting between the paleontologisV archaeologist, Planning Department staff, and grading contractor prior to the commencement of grading operations and the excavation shall be arranged. The paleontologisVarchaeologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. . 5. 6. The Pechanga Band of Luiseiio Indians shall be contacted to afford the Band an opportunity to monitor ground-disturbing activities and participate in the decisions regarding collection and curation of any such resources. The applicant shall submit correspondence to the Planning Department that confirms that such contact has been made prior to the issuance of a grading permit. 7. The Applicant shall enter into a pre-construction agreemenVtreatment plan with the Pechanga Band of Luiseiio Indians, prior to the issuance of grading permits, that sets forth and contains the terms and conditions for the treatment of discoveries of Native American cultural resources. The agreemenVtreatment plan shall contain provisions for the treatment of all Native American cultural items, artifacts, and human remains that may be uncovered during the project. The agreemenVtreatment plan may allow for the presence of Pechanga tribal monitors during any ground-disturbing activities. The applicant shall submit a signed copy of the pre-construction agreemenVtreatment plan to the Planning Department prior to the issuance of a grading permit. . R:\C U P\2004\04-0463 Temecula Regional HospitallDraft PC TPM Resolution.DOC 9 8. The Applicant and/or landowner agrees to relinquish all cultural resources, including all archeological artifacts, that are found on the Project area to the Pechanga Band of Luiseiio Indians for proper treatment and disposition. This mitigation measure shall be placed on the grading plan as a note prior to issuance of a grading permit. . 9. Prior to any ground disturbance activities a qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Band of Luiseiio Indians and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. This mitigation measure shall be placed on the grading plan as a note prior to issuance of a grading permit. 10. If any human remains are encountered on the project site, all ground disturbing activities in the vicinity of the discovery will be terminated immediately and the County Coroner's office and the Pechanga Band of Luiseiio Indians will be contacted to arrange for the treatment of such remains. This mitigation measure shall be placed on the grading plan as a note prior to issuance of a grading permit. Public Works Department 11. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. . The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 13. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. 12. PRIOR TO RECORDATION OF A FINAL MAP 14. The following shall be submitted to and approved by the Planning Department: a. A copy of the Final Map. b. A copy of the Environmental Constraint Sheet (ECS) with the following notes: i. This property is located within thirty miles (30) of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. ii. A Mitigated Negative Declaration was prepared for this project and is on file at the City of Temecula Planning Department. iii. This project is within a liquefaction hazard zone. iv. This property is located within an area identified by the City of Temecula General Plan as being a sensitive area with regards to archeological and paleontological resources. . A:\C U P\2004\04-D463 Temecula Regional Hospital\Draft PC TPM Resolution.DOC 10 Public Works Department e All on-site drainage facilities shall be maintained by a private maintenance association or the property owner. 16. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District 15. b. Eastern Municipal Water District c. Riverside County Flood Control and Water Conservation District d. City of Temecula Fire Prevention Bureau e. Planning Department f. Department of Public Works g. Riverside County Health Department h. Cable TV Franchise i. Community Services District j. Verizon k. Southern Califomia Edison Company I. Southern California Gas Company 17. The Developer shall design and guarantee construction of the following public improvements - to City of Temecula General Plan standards unless otherwise noted. Plans shall be - reviewed and approved by the Department of Public Works: a. Improve Highway 79 South (Urban Arterial Highway Standards - 134' R/W) to include installation of sidewalk, street lights, drainage facilities, signing and striping, and utilities (including but not limited to water and sewer) i. The dedicated right turn lane into the main entry (Country Glen Way) shall be 12 feet wide and 200 feet long at a minimum. ii. All utilities, except electrical lines rated 34kv or greater, shall be installed underground. b. Modify the existing traffic signal at the intersection of Highway 79 South and Country Glen Way. c. Half-street improvements of De Portola Road (Modified Secondary Arterial - 88' R/W) along property frontage plus taper to include installation of pavement, street lights, drainage facilities, signing and striping, and utilities (including but not limited to water and sewer). d. Dartolo Road (Collector - 78' R/W) to be improved with additional paving to allow for two through lanes and a center turn lane. i. Provide an internal connection from project site to Dartolo Road to include paving, curb, gutter, street lights, over crossing of drainage channel, and utilities. R:\C U P\2004\04-0463 Temecula Regional HospitallDraft PC TPM Resolution.DOC 11 . . 18. e. State Route 79/Redhawk Parkway (Margarita Road) - Provide southbound and eastbound right turn traffic signal overlap Private roads shall be designed to meet City public road standards. Unless otherwise approved the following minimum criteria shall be observed in the design of private streets: a. Half-street improvements of Dona Lynora (66'R/W) to include the installation of paving, curb and gutter, utilities (including but not limited to water and sewer) b. Private (28 foot wide) ingress/egress road from Dona Lynora to De Portola Road to include installation of paving and curb as shown on the approved site plan. 19. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City Standard No. 207 A. c. Street lights shall be installed along the public streets shall be designed in accordance with City Standard No. 800, 801, 802 and 803. d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401. e. All street and driveway centerline intersections shall be at 90 degrees. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. All utilities, except electrical lines rated 34kv or greater, shall be installed underground f. . g. h. 20. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 21. Relinquish and waive right of access to and from Highway 79 South on the Parcel Map with the exception of two (2) openings as delineated on the approved Tentative Parcel Map. 22. Relinquish and waive right of access to and from De Portola Road on the Parcel Map with the exception of one opening as delineated on the approved Tentative Parcel Map. 23. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. . R:\C U P\2004\04-0463 Temecula Regional HospilallDraft PC TPM Resolution.DOC 12 24. Any delinquent property taxes shall be paid. 25. e An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel Map to delineate identified environmental concems and shall be recorded with the map. 26. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 27. The Developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the Parcel Map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the Developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the Developer, at the Developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 28. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control and Water Conservation District for approval prior to recordation of the Parcel Map or the issuance of any permit. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. 29. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. 30. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. . 31. A 28 foot easement shall be dedicated for public utilities and emergericy vehicle access for all private streets and drives. 32. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions. " Fire Department 33. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 21/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) R:\C U P\2004\04-0463 Temecula Regional HospitaJIDraft PC TPM Resolution.DOC 13 . . . . 34. The Fire Prevention Bureau is required to set a minimljm fire flow for commercial land division per CFC Appendix III-A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4000 GPM at 20-PSI residual operating pressure with a 4 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix III-A) 35. Prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in a ESRI Arclnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone VI) coordinate system. The Bureau must accept the data as to completeness, accuracy and format. prior to satisfaction of this condition. 36. This parcel shall maintain reciprocal access to all parcels. GENERAL REQUIREMENTS Planning Department 37. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection 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. 38. The tentative subdivision shall comply with the State of California Subdivision Map Act and to the City of Temecula Subdivision Ordinance, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. . 39. The applicant shall comply with the Mitigation Monitoring Program for this project, as attached. PUBLIC WORKS DEPARTMENT 40. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. R:\C U P\2004\04-0463 Temecula Regional Hospital\Draft PC TPM Resolution.OOC 14 The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 42. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the T emecula Municipal Code and all Resolutions implementing Chapter 15.08. 41. OUTSIDE AGENCIES 50. The applicant shall comply with the attached letter dated November 19, 2004 from the Rancho California Water District. 51. The applicant shall comply with the attached letter dated January 19, 2005 from the Department of Environmental Health. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name R:\C U P\2004\04-0463 T emecula Regional HospitallDraft PC TPM Resolution.DOC 15 . . . . f ,. '* Botmi o{ Pi.rettAn-s John E. Jloagiand President Qlaba F. Ko St. Vice Pluident Stephen J. Corona Ralph H. Dally Ben R. Drake Usa D.llemaan MicllaeJ R. McMillan Officers: BrIan J. Brady General Manage; Phillip L. Forbes Director of Finance-Treasurer &P. "Bob- LemoIlS Director of Engineering Perry IL Louck Director of PllllUling Jeff D. Amultrong Controllor '\ November 19,2004 O~(Gi~O\YJ~l ill Nav 2 2 2004 J Dan Long, Project Planner - City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 By SUBJECT: WATER AVAILABILITY PARCEL NO.4 OF PARCEL MAP NO. 6813 PARCELS NO.1, NO.2, AND NO.3 OF PARCEL MAP NO. 13043; PARCELS NO.1, NO.2, NO.3, AND NO.4 OF PARCEL MAP NO. 13734; APN 959-080-001, APN 959-080- 002, APN 959-080-003, APN 959-080-004, APN 959-080- 007, APN 959-080-008, APN 959-080-009, AND APN 959~080-010 CITY PROJECT NO. P A04-0571 [UNIVERSAL HEALTH SERVICES) Dear Mr. Long: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon construction of any required on-site and/or off- site water facilities and the completion of financial arrangements between RCWD and the property owner. IJDda M:. hego8o District Secretary/Administrative ",",~M......or If fire protection is required, the customer will need to contact RCWD for fees and C. Mi"",eI Cowett requirements. Water availability would be contingent upon the u<uuv<~ owner Best Be9t & Krieger lLP ...- c . J Gen<nlCo~.1 signing an Agency Agreement that assigns water management rights, if any, to RCWD. If .you should ~ve any questions, pl~ase . contact an Engineering Services Representative at tIiis office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Mi aelG.Meyerpeter, P. Development Engineering Manager 04\MM:at211IFCF c: Laurie Williams, Engineering Services Supervisor -' Rnncho California Water District 42135 Winchester Road . PMt Office Box 0017 . TelMCUla, California 92589-0011 . (951} 29€M19OO .. FAX (95i) 29&4)860 ~~ o COUNTY OF RIVERSIDE · HEALTH SERVICES AGENCY 0 DEPARTMENT OF ENVIRONMENTAL HEALTH January 19, 2005 rD~ IE@; ce 0 W ~ ~ll ~u JAN 2 1 2005 Jl By . City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 ./> A1TN: DanLong RE: TENTATIVE PARCEL MAP NO. 32468 (1 LOT) Dear Mr. Long: 1. The Department of Environmental Health has reviewed Tentative Parcel Map 32468 and . recommends: a A water system shall be installed in accordance with plans and specifications as approved by the water company and the Environmental Health Department. Permanent prints of the plans of the water system shall be subrnitted in triplicate; with a rninimum scale not less than one inch equals 200 feet, along with the original drawing to the County Surveyor's Office. The prints shall show the . internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part 1, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 11, Chapter 16, and General Order No. 103 of the Public Utilities Commission of the State of California,. when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certify that the design of the water system in Tentative Parcel Map 32468 is in accordance with the water system expansion plans of the Rancho California Water District and that the water services, storage, and distribution system will be adequate to provide water service to such "Tentative Parcel Map". This certification does not constitute a guarantee that it will supply water to such Tentative Parcel Map at aily specific quantities, flow& or pressures for fire protection or any other purpose. A responsible official of the water company shall sign this certification. The nIans must be submitted to the County Surveyor's Office to review at least two weeks PRIOR to the reouest for the recordation of the final maD. 2. It will be necessary for financial arrangements to be made PRIOR to the recordation of the final map. . Local EnfoIcement Agency. P.O. Box 1280, Riverside, CA 92502-1280 . (909) 955-8982 . FAX (909) 781-9653 . 4080 Lemon Street, 9th Floor, Riverside. CA 92501 Land Use and Waler Engineering' P.O. Box 1206, Riverside, CA 92502-1206 . (909) 955-8980 . FAX (909) 955-8903 . 4080 Lemon Street. 2nd Floor, Riverside, CA 92501 i I / Page Two Attn: Dan Long January 19, 2005 . 3. This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the District. The sewer system shall be installed in accordance with plans and specifications as '"1'1'"v ,'ed by the District, the County Surveyor's Office and the Health Department. Pennanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the County Surveyor's Office. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and waterlines shall be a portion of the sewage plans and profiles. The plans shall be singed by a registered engineer and the sewer district with the following certification: "1 certify that the design of the sewer system in Tentative Parcel Map 32468is in accordance with the sewer system expansion plans of the Eastern Municipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Tentative Parcel Map". The plans must be submitted to the County Surveyor's Office to review at least two weeks PRIOR to the request for the recordation of the final map. 2. It will be necessary for financial arrangements to be made PRIOR to the recordation of the final map. Sincerely, · -t.,~En~~'''R'''''Sp<ci'''' (909) 955-8980 . ~