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HomeMy WebLinkAbout020310 PC AgendaIn 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]. TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE FEBRUARY 3, 2010 — 6:00 PM PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: PUBLIC COMMENTS Earlene Bundy Commissioner Guerriero Carey, Guerriero, Harter, Kight, and Telesio Next in Order: Resolution: 10-02 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 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-minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action.. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1 1.1 Approve the Minutes of January 20, 2010 PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 2 Long Range Planning Project No. LR09-0024 A resolution of the Planning Commission of the City of Temecula recommending that the City Council of the City of Temecula take various actions related to Annexation No. 2 of the Santa Margarita area located to the south and east of the existing City boundary, Betsy Lowrey RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVE THE ADDENDUM TO A CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPT FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH FOR THE SANTA MARGARITA AREA ANNEXATION NO. 2 OF APPROXIMATELY 4,510 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE -15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY (LR09-0024) 2.2 Adopt a resolution entitled: PC RESOLUTION 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA TAKE VARIOUS ACTIONS RELATED TO ANNEXATION OF THE SANTA MARGARITA ANNEXATION NO. 2, LOCATED TO THE SOUTH AND EAST OF THE EXISTING CITY BOUNDARY (LR09-0024) REPORTS FROM COMMISSIONERS 2 PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, February 17, 2010, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. NOTICE TO THE PUBLIC - The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. Additionally, any supplemental material distributed to a majority of the Commissioners regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the locations indicated above. The packet will be available for viewing the Friday before the Planning Commission meeting after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.citvoftemecula.orq. 3 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JANUARY 20, 2010 — 6:00 PM PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: Next in Order: Resolution: 10-01 Earlene Bundy Commissioner Carey Carey, Guerriero, Harter, Kight, and Telesio Commissioner Carey arrived during Item #2 presentation CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of December 16, 2009 APPROVED 3-0-1-1, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER HARTER; VOICE VOTE REFLECTED APPROVAL; KIGHT ABSTAINED, CAREY ABSENT FOR VOTE COMMISSION BUSINESS PUBLIC HEARING 2 Planning Application No. PA09-0316, a Conditional Use Permit to authorize Francesca's Italian Kitchen to sell wine, beer and distilled spirits (Type -47 ABC License) in an existing building located at 31165 Temecula Parkway, Dana Schuma APPROVED 5-0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER TELESIO; VOICE VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 10-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09-0316, A CONDITIONAL USE PERMIT TO AUTHORIZE FRANCESCA'S ITALIAN KITCHEN TO SELL WINE, BEER, AND DISTILLED SPIRITS FOR ON-SITE CONSUMPTION (TYPE -47 ABC LICENSE) IN AN EXISTING BUILDING LOCATED AT 31165 HIGHWAY 79 SOUTH (APN 961-010-031) 1 REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, February 3, 2010, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. Carl Carey Chairman 2 Patrick Richardson Director of Planning and Redevelopment DATE OF MEETING: PREPARED BY: APPLICANT NAME: PROJECT SUMMARY: RECOMMENDATION CEQA: STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION February 3, 2010 Betsy Lowrey, Case Planner City of Temecula Long Range Planning Project No. LR09-0024, consideration of whether to apply to the Riverside County Local Area Formation Commission (LAFCO) regarding the project site referred to as the Santa Margarita Area Annexation No. 2 ("SMAA"), located immediately southwest of the City of Temecula, west of Interstate 15, and north of the San Diego County/Riverside County border. The SMAA encompasses approximately 4,510 acres of primarily undeveloped privately and publicly owned land located within the unincorporated area of southwest Riverside County. Currently, 384 acres of the SMAA are located within the City of Temecula's Sphere of Influence. This project proposes an amendment to the City's existing Sphere of Influence in order to ultimately annex 4,510 acres from the unincorporated jurisdiction of the County of Riverside ("County") into the incorporated jurisdiction of the City of Temecula. The final approval of the Sphere of Influence expansion and annexation of the SMAA will be decided by the Local Area Formation Commission (LAFCO). This project also includes a General Plan Amendment to the City of Temecula's Land Use Map with land use designations over the 4,126 acres of the subject property located outside the current Sphere of Influence boundary; and Zoning Amendment for the entire SMAA property, including the property that is currently located both inside and outside of the Sphere of Influence boundaries. The General Plan Amendment will change the current County of Riverside land use designations of Rural Mountainous (RM) and Open Space - Conservation Habitat (OS -CH) to Hillside Residential (HR) and Open Space (OS) under the City of Temecula General Plan land use designations. The Zoning Amendment includes a change from the County of Riverside's current Zoning Designations of Rural Residential (RR) and Residential Agriculture (R -A-20) to the City of Temecula's Zoning Designations of Hillside Residential—Santa Margarita (HR -SM) and Conservation—Santa Margarita (OS -C -SM), which are proposed as a part of the project. This application also includes the Pre -Zoning of the SMAA, since the Zoning Amendment is contingent upon the Sphere of Influence Expansion and Annexation of this area into the City. Recommend Approval to the Temecula City Council Final Certified Environmental Impact Report (certified on December 9, 2008). In accordance with CEQA Section 15164, an Addendum to Final Certified Environmental Impact Report has been prepared. 1 PROJECT DATA SUMMARY NAME OF APPLICANT: City of Temecula EXISTING CONDITIONS/LAND USE FOR THE PROJECT SITE: Site: Existing Conditions Primarily undisturbed natural open space within the Santa Margarita Ecological Reserve and six large lot residential dwelling units Land Use City of Temecula: Open Space (OS) and Hillside Residential (HR); County of Riverside: Rural Mountainous (RM) and Open Space -Conservation Habitat (OS - CH) EXISTING CONDITIONS/LAND USE FOR SURROUNDING AREA: North: Existing Conditions Undisturbed natural open space and large lot residential dwelling units Land Use City of Temecula: Open Space (OS)/Hillside Residential (HR); County of Riverside: Rural Mountainous (RM) and Open Space -Conservation Habitat (OS -CH) South: Existing Conditions Undisturbed natural open space and large lot residential dwellings units Land Use County of San Diego: Multiple Rural Use (1 du/ 4,8,20 acres); Public/Semi Public Lands East: Existing Conditions Undisturbed natural open space and Interstate 15, large lot residential dwellings and sporadic commercial activity east of Interstate 15 Land Use City of Temecula: Open Space (OS) and Hillside Residential (HR); County of Riverside: Rural Mountainous (RM), Rural Residential (RR), Public Facilities (PF) and Light Industrial (LI) West: Existing Conditions Undisturbed natural open space and large lot residential dwellings units Land Use County of Riverside: Rural Mountainous (RM) BACKGROUND SUMMARY On December 9, 2008, the City of Temecula ("City") City Council adopted Resolutions to apply to LAFCO for an expansion of the City's Sphere of Influence and Annexation of approximately 4,997 acres located immediately southwest of the City of Temecula Boundary line, west of Interstate -15 ("Santa Margarita Area Annexation"). Resolutions also included a General Plan Amendment to the City's Land Use Map, Pre -Zoning of the area, adoption of associated hillside development standards and certification of the Final Environmental Impact Report for the Annexation. 2 On June 4, 2009, LAFCO denied the City's Sphere of Influence and Annexation Applications determining that an application by Granite Construction for a proposed surface mine permit ("Liberty Quarry") within the Santa Margarita Area Annexation should be allowed to continue its process under the jurisdiction of the County of Riverside and not the City of Temecula. LAFCO adopted formal Resolutions on June 25, 2009 disapproving the City's Sphere of Influence and Annexation request. In light of the LAFCO's discussions that the proposed Liberty Quarry project be processed through the County, the City requested LAFCO to reconsider the Santa Margarita Annexation Application with reduced boundaries removing the territory associated with the proposed Liberty Quarry project site (and a few surrounding parcels). A Reconsideration Hearing was held by LAFCO on September 24, 2009 and LAFCO determined new Sphere of Influence and Annexation Applications would need to be filed to remove the proposed territory from the City's Annexation request. On December 3, 2009, upon motion by LAFCO Commissioner Robin Lowe, LAFCO voted unanimously to waive the one-year waiting period for the City of Temecula to file the requisite Sphere of Influence and Annexation Applications in order to allow the City to proceed with the proposal of modified boundaries as soon as possible. Furthermore, LAFCO voted to reduce the Sphere of Influence Expansion and Annexation application fees by fifty percent. On January 12, 2010, the City Council voted to proceed with the preparation of documents for a new Sphere of Influence Amendment and Annexation Application consisting of reduced boundaries of the original Santa Margarita Area Annexation. The new Santa Margarita Area Annexation boundary is referred to in this staff report as "Santa Margarita Area Annexation No. 2" or "SMAA". It is anticipated the City's Sphere of Influence Amendment and Annexation Applications for Santa Margarita Area Annexation No. 2 would be submitted to LAFCO if ultimately approved by City Council. Barring any unforeseen delays, it is anticipated that LAFCO would thereafter schedule a hearing within four months. ANALYSIS The original Santa Margarita Annexation Area consisted of approximately 4,997 acres of primarily undisturbed natural habitat area located southwest of the City of Temecula. The proposal herein (Santa Margarita Area Annexation No. 2) reduces the boundaries by approximately 487 acres and eliminates all territory associated with the proposed Liberty Quarry project site described above (as well as a few adjacent privately owned lots) from the annexation proposal. As a result, the proposed Liberty Quarry project would continue its review through the County's permitting and CEQA process, as desired by LAFCO, and the City would annex the remaining area into the City's jurisdiction. Project Area Description The Santa Margarita Area Annexation No. 2 project area encompasses approximately 4,510 acres of which approximately 4,284 acres is part of the Santa Margarita Ecological Reserve ("SMER") preserved as open space and the 225 acres is primarily undeveloped rural residential. Although most of the subject property is undeveloped and pristine land, there are six dwelling units within the 4,510 -acre site. Four of these units are on privately owned land and appear to be occupied. The other two units are located within the Santa Margarita Ecological Reserve and are periodically occupied by the San Diego State University (SDSU) Field Research Program researchers. The Santa Margarita Ecological Reserve is designed to serve as a living laboratory and open classroom. All field stations are located within natural areas, and scientific monitoring stations exist at various locations within the Santa Margarita Ecological Preserve 3 Area to assist SDSU with continual research and educational programs. The project area is adjacent to a designated "Special Linkage Area" of the MSHCP. This Special Linkage Area connects the San Diego County Multiple Habitat Conservation Program with the Western Riverside County Multi Species Habitat Conservation Plan, and is the only remaining natural habitat connection for the coastal Santa Ana Mountains to the inland ranges. The pristine nature of the project area, as well as the property located within the Santa Margarita Ecological Reserve, has made this area a valuable resource for ecological and environmental research. The preservation of the SMER and its surroundings is an integral part of preserving and protecting the entire Santa Margarita River. This vital ecological feature is one of the last free flowing rivers in the coastal southern California region. As such, the annexation area represents a significant area of value for native wildlife, and a great variety of sensitive biological resources that are known to exist, or potentially exist, within the undeveloped portions of the Santa Margarita Ecological Reserve. The subject property's topographic character is comprised of steep hills with scattered outcroppings of granite boulders, sloping in a southwesterly direction, with elevations ranging from approximately 530 to 2,330 feet above mean sea level. At the lower elevations of the project, a five -mile stretch of the protected Santa Margarita River flows southwesterly through the SMAA from the northeast portion to the southwest portion of the subject property. The Santa Margarita River begins at the confluence of Temecula Creek and Murrieta Creek at the Temecula City Limits. The river flows through the Temecula Gorge traversing through the primarily undeveloped lands of Camp Pendleton to the west, and ultimately empties into the Pacific Ocean. The Santa Margarita River is the last intact riparian corridor in southern California and an important water source for Camp Pendleton. Sphere of Influence Amendment and Annexation Proposal Currently, 384 acres of the Santa Margarita Area Annexation No. 2 are located within the City of Temecula's Sphere of Influence boundaries. The City land use designation of this 384 -acre area is a combination of Hillside Residential (HR) and Open Space (OS). Since the property is not located within the City of Temecula jurisdiction the zoning designation for the property is not currently determined by the City, but by the County of Riverside ("County"). However, the proposed Pre-Zoning/Zoning Designation for the property is a combination of both Hillside Residential — Santa Margarita (HR -SM) and Conservation—Santa Margarita (OS -C -SM), which is consistent with the current General Plan land use designations. The remaining 4,126 acres of the SMAA are located outside the City of Temecula's current Sphere of Influence boundaries and requires an expansion of the City's Sphere of Influence boundary to include these acres in order to ultimately annex the 4,510 acres from the unincorporated jurisdiction of the County of Riverside into the incorporated jurisdiction of the City of Temecula. The Sphere of Influence expansion and associated Annexation of the SMAA into the City of Temecula involves a shift in land use jurisdiction and services from the County to the City. Upon annexation, municipal services property within the Santa Margarita Area Annexation No. 2 boundary will be provided by the City of Temecula. Ultimate approval of the annexation will be decided by LAFCO. The City's objectives for annexing the 4,510 -acre project site of the Santa Margarita Area Annexation No. 2 area remain unchanged from the City's objectives to annex the original 4,997 - acre Santa Margarita Area Annexation proposal. These objectives are identified within the Final Environmental Impact Report certified on December 9, 2008 as follows: 4 1. To integrate the Santa Margarita Area into the City's General Plan, adopting General Plan and Zoning Amendments that establish the general framework for ultimate land use within the study area. 2. To preserve public lands within the Santa Margarita Area Annexation area in natural open space; while retaining the existing rural residential/agricultural character of privately -owned lands. 3. To protect the research value of the Santa Margarita Ecological Reserve by prohibiting incompatible land uses within adjacent properties. The proposed annexation is consistent with a number of Policies and Goals existing within the City's General Plan (as hereby incorporated by reference as if set forth in full herein). For example, the City's General Plan Open Space Conservation Element (page OS -26; policy 3.7) requires the City to maintain and enhance the resources of the Santa Margarita River to ensure the long-term viability of the habitat, wildlife and wildlife movement. The City's General Plan also recognizes that the topographical features including the western escarpment and southern ridgelines, and environmental resources of the Santa Margarita River should be protected from incompatible development and activities. In addition, public views to these areas should be maintained (page OS -26, 27). Policy 5.1, in the General Plan Open Space/Conservation Element (page OS -27), requires conservation of the western escarpment and southern ridgelines, the Santa Margarita River, slopes in the Sphere of Influence and other important landforms and historic landscape features through the development review process. Implementation Program CD -6, in the General Plan Community Design Element (page CD -28) requires the City to establish a program to acquire, or permanently protect, critical hillside areas from development, including critical escarpment and major hillside areas on the west and south edges of the city. This should include working with the County of Riverside to protect surrounding hillside areas from inappropriate grading and development. If LAFCO approves requests to amend the City's sphere and annex this area, the City would assume the role of land use regulator, and could effectively preserve the quality of the existing hillsides and the Santa Margarita River. The land use designations and zoning regulations contemplated by the City would reduce potential hazards associated with hillside development by incorporating Hillside Development Standards within the zoning for the SMAA. Further, in addition to the City's objectives related to the preservation of open space, the research potential and unique ecological value of the Santa Margarita Ecological Reserve are also significant reasons for the City's request to annex this area. The incorporation of the SMAA into the Temecula City limits would enable the City to enforce its proposed General Plan and Zoning regulations to implement the City's goals for this area, including preserving natural conditions and resources as well as the valuable hillside and scenic resources. GENERAL PLAN AMENDMENT Land Use Designation This project requires an amendment to the City's existing Sphere of Influence in order to ultimately annex 4,510 acres from the unincorporated jurisdiction of the County of Riverside ("County") into the incorporated jurisdiction of the City of Temecula. Of the 4,510 acres, there are 225 acres within the SMAA currently designated Rural Mountainous (RM) (1 du/10 acres) under the County of Riverside land use designation. This entire 225 -acre area will be designated as Hillside Residential (HR) (1 du/10 acres) under the City of Temecula General 5 Plan land use designation. The remaining 4,284 acres within the Santa Margarita Area Annexation No. 2 are currently designated as Open Space Conservation Habitat (OS -CH) under the County of Riverside's land use designation and will be designated as Open Space (OS) under the City of Temecula General Plan land use designation. Consistency with the City's current General Plan The proposed General Plan Amendment is consistent with the direction, goals and policies of the City's adopted General Plan. The objectives of the General Plan Amendment, and other associated components of the project, will ensure the protection and preservation of sensitive habitat and natural resources, as well as sensitive biological and ecological resources that exist, or potentially exist within the annexation area. This is consistent with the direction, goals and policies outlined in the City of Temecula General Plan (examples include Land Use- Goal 6, Policies 6.1, 6.3 and 6.4; Open Space — Goal 2, Policy 2.1, 2.9 Open Space - Goal 3, Policies 3.1 — 3.7, Open Space - Goal 5, Policies 5.1-5.3 and 5.8.). The Amendment is also consistent with a number of General Plan implementation programs (examples include Land Use Implementation Programs: LU -14; LU -19; LU -20; LU -21; Open Space Implementation Programs: OS -9; OS -10; OS -11; OS -12; OS -13; OS -19; OS -21; OS -22; OS -25; OS -33; OS -34; OS -35; Community Design Implementation Program: CD -6) and is intended to further implement the General Plan of the City of Temecula. These General Plan implementation programs, like the goals and policies, also emphasize the preservation of natural and biological resources, as well as the aesthetic quality of the hillsides surrounding the City. Copies of the referenced General Plan policies are attached hereto, and are hereby incorporated by reference. Consistency with the existing character of the area The proposed General Plan Amendment will not have a significant impact on the character of the surrounding area. The General Plan Amendment, which changes the land use designation from the County of Riverside designations of Rural Mountainous (RM) and Open Space Conservation Habitat (OS -CH), to the land use designations of Hillside Residential (HR) and Open Space (OS) for the City of Temecula, will retain the rural character of the surrounding area and protect and maintain the Santa Margarita Ecological Reserve as Open Space. The Amendment is compatible with the nature, condition and development of the area, and will not adversely affect the adjacent uses, buildings or structures. The Amendment will effectively limit certain land uses allowed under the County regulations and preserve the Santa Margarita River and its associated natural resources. Additionally, the General Plan Amendment (in conjunction with the proposed annexation, Sphere of Influence Expansion, and Zoning Amendments) will enable the City to prohibit land uses within the City's jurisdiction on properties within, and adjacent to, the Santa Margarita Ecological Reserve that are incompatible with, or may have a significant impact on, the character of this biologically sensitive and ecologically rich property. Preservation of the public health, safety and welfare The health, safety and general welfare status will effectively remain unchanged as a result of the General Plan Amendment. The intent of the Amendment is to maintain the existing rural character and preserve the open space that currently exists within the project area. Since the General Plan Amendment proposes that the majority (4,284 acres) of the site is to be designated under the City's General Plan, as Open Space, with the remaining portion of the project area designated as Hillside Residential (HR), development will be limited to relatively 6 rural uses. As a result, it has been determined that the proposed General Plan Amendment will not be detrimental to the health, safety and general welfare of the community. Furthermore, as development occurs over time, the City will review all development plan applications pursuant to the proposed zoning regulations discussed below to ensure that all appropriate utilities and municipal services will adequately serve development. Further, it serves to protect the area's health, safety and welfare by preventing the adverse impacts associated with any future development. In conclusion, the Amendment is not detrimental, and in fact will effectively maintain the existing public health, safety and welfare of the community. ZONING AMENDMENT The project includes a proposal to pre -zone the SMAA. The authorization to change the zoning of the property within the SMAA is contingent upon the approval of the Sphere of Influence Expansion and Annexation by LAFCO. The discussion which follows addresses the proposed zone change and Hillside Development Standards: Pre-Zone/Zone Change The Santa Margarita Area Annexation No. 2 proposal encompasses 4,510 acres total. Upon the approval of the Sphere of Influence amendment and Annexation by LAFCO, the zoning will fall under the City of Temecula's jurisdiction. The pre -zone and formal Zoning Amendment, which is contingent upon the approval of the Sphere of Influence amendment and annexation by LAFCO, proposes that 4,284 acres within the overall project boundary will be zoned as Conservation Santa Margarita (OS -C -SM), with the remaining 225 acres proposed to be zoned as Hillside Residential Santa Margarita (HR -SM). The City's proposed Zoning Designation of Conservation Santa Margarita (OS -C -SM) limits development within the 4,284 acre Conservation Santa Margarita (OS -C -SM) portion of the Santa Margarita Area Annexation No. 2 to construction of public utilities or government facilities, such as flood control structures, or essential public infrastructure improvements that may be required to preserve public health and safety, subject to the approval of a Conditional Use Permit. This will ensure the preservation of the Santa Margarita Ecological Reserve primarily as open space and guarantee the protection of the natural and ecological resources that exist in the area. As discussed above, the remaining 225 acres within the SMAA will be zoned as Hillside Residential—Santa Margarita (HR—SM; 1 du/10 acres) by the City. This zoning designation will effectively preserve the rural character of the area. Additionally, the proposed zoning designation of Hillside Residential—Santa Margarita (HR -SM) for 225 acres will result in development that is compatible with the open space and conservation goals and land use goals of the City, as well as maintain compatibility with the adjacent land pre -zoned as Conservation— Santa Margarita (OS -C -SM). The proposed zoning of the 225 acres will also ensure that incompatible land uses within the City's jurisdiction will not be constructed adjacent to the Santa Margarita Ecological Reserve and provide the necessary buffer land to further ensure the preservation and protection of the natural and biological resources that exists or are known to exist within this area. Hillside Development Standards In addition to the proposed Pre-Zoning/Zoning Amendment, the City of Temecula also proposes Hillside Development Standards to guide any development that may occur in the future within the SMAA in the HR -SM and OS -C -SM zones. These standards would be added to the City's Municipal Code, but would only take effect as to the annexation area after the annexation process is approved by LAFCO and the pre -zoning takes effect. The City of Temecula General Plan Land Use Element has anticipated the implementation of these Hillside Development Standards. The General Plan indicates that the City will preserve the natural quality of the hillsides and reduce potential hazards associated with hillside development by incorporating Hillside Development Standards into the Development Code (page, LU -39). The implementation of these standards is appropriate since the aesthetic quality and biological preservation of the hillsides and the Santa Margarita River is important as outlined in the goals and policies of the General Plan. The implementation of these standards will ensure that all development occurring within the project area will achieve the City's goals and policies as they relate to the protection and preservation of natural and biological resources. The Hillside Development Standards require the approval of a Hillside Development Permit application, (or a Hillside Cluster Development Plan Option) prior to the commencement of any grading or construction activity within the SMAA. Some land uses may also require the approval of a Conditional Use Permit, dependent upon the proposed use, for any development occurring within the annexation area. Hillside Development Permit applications, Hillside Cluster Development Plan Option, and Conditional Use Permits, (as required by the zoning), shall be reviewed to ensure that any development and/or construction occurring within the Santa Margarita Area Annexation No. 2 shall be designed to protect wildlife habitat, biological corridors, native plants and plant communities, and where practical shall be designed to support inter -connected, contiguous and integrated open space systems within the area. The Hillside Development Standards require sensitive development, resulting in the least aesthetic impact to the hillside, and biological, ecological and natural resources. Hillside Development Plan applications (or a Hillside Cluster Development Plan Option) and/or Conditional Use Permits (as required) submitted for development in the Santa Margarita Area Annexation No. 2 will also be reviewed to ensure compliance with the Riverside County Multi -Species Habitat Conservation Plan (MSHCP). Consistency with the City's General Plan The proposed Pre -Zoning and Development Code Amendment is consistent with the City's adopted General Plan and do not create any internal inconsistencies between the proposed zoning and the existing land use designations for the area within the current Sphere of Influence, or between the land use designations proposed for the General Plan Amendment. The proposed zoning for the SMAA will ensure consistency with the General Plan as amended, and continue to implement the goals and policies of the City's adopted General Plan. The City's proposed zoning of Hillside Residential Santa Margarita (HR -SM), will allow for one dwelling unit per ten acres, and will encompass 225 acres within the SMAA. This is consistent with the proposed General Plan land use designation of Hillside Residential (HR) for this property. The remaining portion of the property within the SMAA will be assigned a Zoning Designation of Conservation — Santa Margarita (OS -C -SM). This is also consistent with the proposed General Plan land use designation of Open Space (OS) for this property. As such, the proposed General Plan land use designations and proposed pre-zoning/change of zone are consistent with one another and will not create an internal conflict. As a result of the proposed zoning designations, the majority of the property (4,284 acres) will be preserved as open space, which is consistent with a number of General Plan goals and policies. Copies of each of the referenced General Plan policies are attached hereto, and are hereby incorporated by reference. The General Plan currently emphasizes the importance of the preservation of natural and biological resources, as well as the aesthetic quality of the hillsides surrounding the City (examples include Land Use- Goal 6, Policies 6.1, 6.3 and 6.4; 8 Open Space - Goal 2, Policy 2.1, 2.9 Open Space - Goal 3, Policies 3.1 — 3.7, Open Space - Goal 5, Policies 5.1-5.3 and 5.8.). The proposed Zone Change is also consistent with a number of implementation programs outlined in the General Plan (examples include Land Use Implementation Programs: LU -14; LU -19; LU -20; LU -21; Open Space Implementation Programs: OS -9; OS -10; OS -11; OS -12; OS -13; OS -19; OS -21; OS -22; OS -25; OS -33; OS -34; OS -35). The Sphere of Influence Expansion, Annexation, and consequently the General Plan Amendment and Zone Change, will ensure the protection and preservation of sensitive habitat and natural resources, as well as sensitive biological and ecological resources which exist or potentially exist within the project area. The proposed zone change, along with the other components of the project, will achieve the City's preservation goals and polices outlined in the General Plan. Consequently, the proposed Zone Change is consistent with the General Plan goals and policies as they relate to the protection and preservation of sensitive resources and hillsides within the project area. To ensure that the development that may occur within the annexation area maintains consistency with the General Plan's direction, goals and policies, Hillside Development Standards for the Santa Margarita Area Annexation No. 2 have been established. The implementation of Hillside Development Standards is consistent with the General Plan's goals and policies, related to natural resources and community aesthetics, as outlined in the Land Use Element (Page; LU -39). The Hillside Development standards are intended to preserve the aesthetic and sensitive biological resources within the project area, as consistent with the various General Plan goals and polices, relating to preservation and the protection of sensitive resources. Existing General Plan policies (Open Space - Policies 3.1-3.7 and Open Space - Policies 5.1- 5.3 and 5.8) emphasize the protection of significant ecological and biological resources within the City boundaries, as well as within the surrounding area. CONCLUSION Staff and the EIR consultant have reviewed the environmental impacts of the proposed project and find that the project, as proposed, serves the best interest of the community. The proposed Sphere of Influence expansion, Annexation and coinciding General Plan and Zoning Amendments are compatible with the health, safety and welfare of the community as well as the existing and surrounding uses. Furthermore, the project is consistent with the goals and policies adopted by the General Plan. The annexation of the SMAA will ensure the preservation of the SMER and its surroundings which is an integral part of preserving and protecting the entire Santa Margarita River. This vital ecological feature is one of the last free flowing rivers in the coastal southern California region and the only remaining natural habitat connection for the coastal Santa Ana Mountains to the inland ranges. As such, the annexation area represents a significant area of value for native wildlife, and a great variety of sensitive biological resources that are known to exist, or potentially exist, within the undeveloped portions of the Santa Margarita Area Annexation No. 2 boundary. In addition to the City's objectives related to the preservation of open space, the research potential and unique ecological value of the SMER is at the forefront of the City's request for the annexation of this area. The SMER is designed to serve as a living laboratory or an open classroom as all field stations are natural areas and there are scientific monitoring stations at various locations within the Santa Margarita Ecological Preserve Area to assist San Diego State University with their continual research and educational programs. The pristine nature of the project area, as well as the property located within the SMER, has made this area a valuable resource for ecological 9 and environmental research. The need to keep an intact ecosystem for study and education of current and future generations of students also requires buffer lands around the reserve. The integration of the Santa Margarita Area Annexation No. 2 into the Temecula City limits will enable the City to implement the proposed General Plan and Zoning Amendments and maintain consistency and compatibility with the City's goals for this area, including preserving natural conditions and resources as well as the valuable hillside and scenic resources. This action will enable the City to prohibit incompatible land uses on properties within the City's jurisdiction and adjacent to the SMER, which are incompatible with this biologically sensitive and ecologically rich property. In addition to maintaining the resources of the Santa Margarita River to ensure the long-term viability of the habitat, wildlife and wildlife movement, the City's General Plan also recognizes that the topographical features including the western escarpment and southern ridgelines must be preserved. Furthermore, the General Plan recognizes that the environmental resources of the Santa Margarita River should be protected from insensitive development and activities, as well as public views to these areas should be maintained. Therefore, the conservation of the western escarpment and southern ridgelines, the Santa Margarita River, slopes and other important landforms and historic landscape features will be protected through the development review process using the proposed Hillside Development standards. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on January 23, 2010 and mailed to the property owners within the required 600 -foot radius. Four signs have been posted on the property pursuant to the requirements in Development Code Section 17.03.040 "Public Hearing and Notification." Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Temecula Planning Commission is controlled by Chapter 2.36 of the Temecula Municipal Code. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Temecula Planning Commission, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. ENVIRONMENTAL DETERMINATION The Final Environmental Impact Report was certified on December 9, 2008 ("Certified Final Environmental impact Report" or "FEIR"). Further, in accordance with CEQA Section 15164, an Addendum to the Final Certified Environmental Impact Report has been prepared which addresses the reduction in acreage of the annexation area. 10 RECOMMENDATION That the Planning Commission adopt the proposed Resolutions recommending that the City Council approve the Addendum to the Certified Final Environmental Impact Report and adopt findings pursuant to the California Environmental Quality Act in connection therewith and that the City Council take various actions related to the Annexation of the Santa Margarita Area Annexation No. 2. ATTACHMENTS Area Map PC Resolution (CEQA) Exhibit A - Map Exhibit B - Addendum to Certified Final Environmental Impact Report Exhibit C - Statement of Overriding Considerations Exhibit D - Mitigation Monitoring and Reporting Program PC Resolution (Recommending Project Approval to the City Council) Exhibit AA - Map Exhibit A - CC Resolution (General Plan Amendment) General Plan Amendment Resolution Attachments Exhibits 1-4 Exhibit B - CC Ordinance (Development Code Amendment) Map Exhibit C - CC Ordinance (Pre -Zoning Amendment) Pre -Zoning Amendment Ordinance Attachments Exhibits 1-4 Exhibit D - CC Resolution (LAFCO Application for Sphere of Influence) Legal Description and Map Attachments Exhibit E - CC Resolution (LAFCO Application for Annexation) Legal Description and Map Attachments Excerpts of General Plan Policies and Table 3.4-3 City of Temecula General Plan Land Use Policies from the Certified Environmental Impact Report City of Temecula General Plan on website: http://www. cityofte mecu la . o rq/Temecula/Government/Co mm Dev/Zo n i nq/q a nera 1pla n . htm Certified Final Environmental Impact Report for Santa Margarita Area Annexation with Appendixes (certified December 9, 2008) on website: http://www.cityoftemecula.org/Temecula/Government/CommDev/ Notice of Public Hearing 11 AREA MAP SANTA MARGARITA AREA ANNEXATION #2 Riverside County- Sa@-Diego County OEM 0 Santa Margarita Area Annexation Boundary No. 2 City of Temecula Coporate Limits Riverside County Boundary Parcels RAOlS OeOanae‘smat.W xiy.mxe IAN moo /Am PC RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVE THE ADDENDUM TO A CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPT FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH FOR THE SANTA MARGARITA AREA ANNEXATION NO. 2 OF APPROXIMATELY 4,510 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE -15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY (LR09- 0024) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On December 9, 2008, the City Council adopted Resolution No. 08-110 certifying the Final Environmental Impact Report prepared for the Santa Margarita Area Annexation (No. 1), a proposed expansion of the City of Temecula's Sphere of Influence and Annexation to the City of Temecula and the Temecula Community Services District of approximately 4,997 acres located immediately southwest of the City of Temecula Boundary line, west of Interstate -15. The City Council also adopted findings pursuant to the California Environmental Quality Act, adopted a statement of overriding considerations and adopted a mitigation monitoring and reporting program in connection therewith (collectively, "Certified Final Environmental Impact Report" or "Certified Final El R"). B. On December 9, 2008, the City Council adopted Resolution Nos. 08-111 and 08-112 to apply to the Local Agency Formation Commission ("LAFCO") for an expansion of the City of Temecula's Sphere of Influence and Annexation to the City of Temecula and the Temecula Community Services District of approximately 4,997 acres located immediately southwest of the City of Temecula Boundary line, west of Interstate -15 ("Santa Margarita Annexation Area") C. On December 9, 2008, the City Council adopted Resolution No. 08-113 amending the General Land Use Map within the Santa Margarita Area Annexation, contingent upon LAFCO's approval of the annexation. D. On December 9, 2008, the City Council adopted Ordinance No. 08-14 prezoning the territory of the Santa Margarita Area Annexation, contingent upon LAFCO's approval of the annexation. E. On December 9, 2008, the City Council adopted Ordinance No. 08-15 amending the official zoning map of the City of Temecula by adopting zoning designations Hillside -Santa Margarita (SM) and Open Space Conservation District — Santa Margarita (OS -C -SM) and adopting Hillside Development Standards for the Santa Margarita Area Annexation, contingent upon LAFCO's approval of the annexation. F. Thereafter, the City of Temecula submitted to LAFCO a Sphere of Influence Amendment Application and Annexation Application along with requisite application submittal documents in connection therewith for the Santa Margarita Area Annexation proposal ("LAFCO Applications"). G. On May 12, 2009, the City Council adopted Resolution No. 09-42 confirming that the proposal for the Santa Margarita Area Annexation was pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code. H. On June 4, 2009, LAFCO denied the LAFCO Applications made by the City for the Santa Margarita Area Annexation proposal and approved the City's Municipal Service Review; and adopted resolutions in connection therewith on June 25, 2009. I. On July 23, 2009, the City of Temecula submitted an Application for Reconsideration by LAFCO of the LAFCO Applications for the Santa Margarita Area Annexation proposal. The City's proposal removed approximately 487 acres of the southeast corner of the uninhabited 4,997 -acre Santa Margarita Area Annexation territory, and included revised boundaries of the Sphere of Influence expansion from 4,443 acres to 4,126 acres to match the boundaries of the area to be annexed to the City of Temecula and the Temecula Community Services District comprising of 4,510 acres of that certain uninhabited territory located immediately southwest of the City of Temecula boundary line, west of Interstate 15, and north of the San Diego/Riverside County boundary as depicted on the map attached hereto as Exhibit A, and incorporated herein as though set forth in full ("Santa Margarita Area Annexation No. 2"). J. On September 24, 2009 LAFCO denied the City's Application for Reconsideration and determined the City of Temecula must file a new LAFCO Sphere of Influence Amendment Application and a new LAFCO Annexation Application to proceed with the Santa Margarita Area Annexation No. 2 proposal. K. On December 3, 2009 LAFCO voted unanimously to waive the one-year waiting period to allow the City to proceed with LAFCO Sphere of Influence Amendment and Annexation Applications for the Santa Margarita Area Annexation No. 2 proposal and LAFCO approved a reduction in the application fees by fifty percent. L. On January 12, 2010, the City Council adopted Resolution No. 10-03 authorizing the preparation of documents and actions necessary to proceed with a Sphere of Influence Amendment and Annexation Application for the Santa Margarita Area Annexation No. 2 proposal pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000 commencing with Section 56000 of the California Government Code. M. The City of Temecula proceeded with the preparation of documents associated with the Santa Margarita Area Annexation No. 2 proposal including a General Plan amendment to the Land Use Map, zoning amendment to Title 17 of the Temecula Municipal Code including hillside development standards and pre -zoning designations, and Sphere of influence and Annexation applications (LR09-0024) in a manner in accord with the City of Temecula General Plan and Municipal Code and are hereby incorporated by reference, for the property consisting of approximately 4,510 acres located immediately southwest of the City of Temecula boundary, west of Interstate 15 and north of the San Diego County/Riverside County boundary referred to as the Santa Margarita Area Annexation No. 2 proposal (collectively, the "Amendment"). N. The Amendment was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act and pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000 commencing with section 56000 of the California Government Code. O. An Addendum to the Certified Final EIR was prepared for the Santa Margarita Area Annexation No. 1 ("Addendum") in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") to address the reduced boundaries of the Santa Margarita Area Annexation proposal that comprise the Santa Margarita Annexation Area No. 2 proposal. P. The Planning Commission considered the Addendum to the Certified Final EIR and the various components of the Amendment on February 3, 2010, at a duly noticed public hearing as prescribed by law, at which time the City staff presented its report and interested persons had an opportunity to and did testify either in support or in opposition to this matter. Q. All legal preconditions to the adoption of this Resolution have occurred. R. Custodian of Records. The City Clerk of the City of Temecula is custodian of records, and the documents and other materials that constitute the record of proceedings upon which this decision is based are located at the Office of the City Clerk, City of Temecula, 43200 Business Park Drive, Temecula, California 92590. Section 2. Recommendation. The Planning Commission has considered the Addendum to the Certified Final Environmental Impact Report, along with the Certified Final Environmental Impact Report, and recommends that the City Council of the City of Temecula approve the Addendum to the Certified Final Environmental Impact Report attached hereto as Exhibit B, adopt the following findings, and take the following actions pursuant to the California Environmental Quality Act: A. The City Council has reviewed the Addendum to the Certified Final EIR, along with the Certified Final EIR and, in the exercise of its independent judgment, concluded that the Addendum accurately describes the environmental ramifications of reducing the area for which Annexation to the City is sought. B. The City Council finds, based on the evidence in the record, including the Addendum, that the Revised Annexation proposal does not require supplemental or subsequent environmental review because the Revised Annexation area (i) is not a substantial change in the project that would require major revisions to the previously Certified Final EIR, (ii) is not a substantial change in the circumstances under which the project is being undertaken that would require major revisions to the Certified Final EIR, and (iii) does not constitute new information of substantial importance that was not known at the time the Final EIR was certified. C. The Revised Annexation area is approximately 487 acres smaller than the previously proposed annexation area. If the Revised Annexation is approved by LAFCO, the impacts associated with the annexation would be the same or less than those identified in the Final EIR, for the reasons set forth in the Addendum. D. The City Council of the City of Temecula, California, exercising its independent judgment after considering the administrative record, hereby adopts the Addendum to the Certified Final EIR, attached hereto as Exhibit B, reaffirms the findings adopted as part of the Final EIR certification and set forth in Exhibit A of Resolution No. 08-110 as remaining applicable to the Revised Annexation project, adopts the Statement of Overriding Considerations as set forth in Exhibit C attached hereto and incorporated herein by reference, and adopts the Mitigation Monitoring and Reporting Program attached hereto as Exhibit D and incorporated herein by reference. Further, the City Council imposes each mitigation measure as a condition on the Revised Annexation project, and directs City staff to implement and monitor the mitigation measures as described in Exhibit D. Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 3rd day of February 2010. Carl Carey, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 10_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 3rd day of February 2010, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Patrick Richardson, Secretary AREA MAP SANTAMARGARITA AREA ANNEXATION #2 Riverside County - San Diego County Santa Margarita Area Annexation Boundary No. 2 City of Temecula Coporate Limits Riverside County Boundary Parcels RAGISRGanpeISAVN_Ntlir'ymatl EXHIBIT "A" ADDENDUM TO THE SANTA MARGARITA AREA ANNEXATION Environmental Impact Report / Addendum Prepared for: City of Temecula January 2010 EXHIBIT "B" ESA ADDENDUM TO THE SANTA MARGARITA AREA ANNEXATION Environmental Impact Report / Addendum Prepared for: January 2010 City of Temecula 9191 Towne Centre Drive Suite 340 San Diego, CA 92122 858.638.0900 www.esassoc.com Los Angeles Oakland Petaluma Portland Sacramento San Francisco Seattle Tampa Woodland Hills 206405 02 ESA 1 TABLE OF CONTENTS City of Temecula Addendum to the Santa Margarita Area Annexation Page 1. Introduction 1-1 1.1 Purpose and Scope 1-1 1.2 Previous Environmental Documentation 1-3 1.3 Findings of this Addendum 1-4 1.4 Use of an Addendum to a Previously Certified EIR 1-5 1.5 Contact Person 1-6 2. Project Description 2-1 2.1 Project Location 2-1 2.2 Site Description 2-1 Figure 1: Proposed Modification of Boundary 2-3 2.3 Project Description 2-5 2.4 Project Objectives 2-6 2.5 Environmental Setting 2-6 2.6 Discretionary Actions and Approvals 2-11 3. Environmental Impacts and Mitigation Measures 3.1 Prior Environmental Review and Discussion 3-1 3.1.1 Air Quality 3-1 3.1.2 Biological Resources 3-4 3.1.3 Cultural Resources 3-8 3.1.4 Land Use and Planning 3-9 3.1.5 Mineral Resources 3-12 3.1.6 Public Services and Utilities 3-13 3.1.7 Transportation and Traffic 3-17 3.1.8 Noise 3-18 3.1.9 Recreation 3-22 4. Findings 4-1 5. Documents, Organizations, and Persons Consulted, and Acronyms and Abbreviations 5-1 Addendum to the City of Temecula Santa Margarita Area Annexation 1 ESA/200465.02 EIR January 2010 CHAPTER 1 Introduction 1.1 Purpose and Scope This document is an Addendum to the previously certified Final Environmental Impact Report (FEIR) (State Clearinghouse No. 2007041085) for the Santa Margarita Area Annexation and related actions, certified by the City of Temecula (City) in December 2008. The certified EIR was also utilized as the appropriate California Environmental Quality Act (CEQA) documentation to support the request for annexation submitted to the Riverside County Local Agency Formation Commission (LAFCO). LAFCO denied the annexation request at their June 4, 2009 pubic hearing, adopting related resolutions on June 25, 2009. The City of Temecula is now proposing to submit a revised annexation application to the Riverside County LAFCO to exclude approximately 487 acres of the 4,997 acres previously proposed in the certified Santa Margarita Area Annexation FEIR. The 487 acre not a part area of this amended annexation boundary includes the area proposed for the Liberty Quarry Mine project site and a few adjacent parcels from the previously certified FEIR project. The amended annexation request would reduce the residential development potential within the annexation area from 713 acres with a maximum of 81 new dwelling units and 263 estimated new residents, as proposed under the previous LAFCO application and evaluated by the certified FEIR, to approximately 2251 acres with a maximum of 222 new dwelling units and 72 estimated total residents. The remainder of the annexation area is owned by public entities for the purpose of resource conservation and as such, does not have development potential. The amended annexation request would result in an approximate 68% reduction in impacts (acreage reduction of 68%) to biological and cultural resources and an approximate 73% reduction (dwelling unit reduction of 73%) to impacts in all other areas as compared to the previous annexation request, evaluated by the certified FEIR. The 68% reduction in impacts to biological and cultural resources is a result of the reduced amount of land (acres) that would have the potential to be developed (or impacted) as a result of the proposed amended annexation area. The amended annexation area would include approximately 4,2843 acres of open space and conservation designated lands. This Addendum serves as the environmental review document for the revised annexation request which now encompasses approximately 4,5104 I Acreage sums are rounded to the nearest whole acre and may vary by one (I) acre clue to rounding to the nearest whole acre. 2 22 new dwelling units would be the worst-case scenario based on one (1) dwelling unit per 10 acres and includes reconstruction of 4 existing dwelling units within the 225 -acre residentially zoned portion of the reduced annexation area. 3 Acreage sums are rounded to the nearest whole acre and may vary by one (1) acre due to rounding to the nearest whole acre. 4 Ibid. Addendum to the City of Temecula Santa Margarita Area Annexation 1-1 ESA / 208485.02 EIR January 2010 1. Introduction acres), as required pursuant to provisions of the California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq., and State and local CEQA Guidelines. Under the original proposal, 713 acres within the Santa Margarita Annexation Area (SMAA) designated Rural Mountainous (RM) (I du/10 acres) under the County of Riverside land use designation was to be changed to Hillside Residential (HR) (1 du/10 acres) under the City of Temecula General Plan land use designation. As noted in the certified FEIR, a total of 718 acres were to be designated as Hillside Residential (HR) under the City's General Plan land use designation because a 5 -acre parcel with an existing residence was proposed to be included in the HR designation, although it is currently within the County's Open Space -Conservation Habitat (OS -CH) designation. This 5 -acre parcel was recently purchased by San Diego State University (SDSU) and is now intended to be used in a manner consistent with the Open Space land use designation and pre -zoning proposed for this property. The residence that currently exists on this parcel would become a legal non -conforming use under the proposed OS -C -SM zone. Therefore, the previously proposed land use designation was to include a total of 713 acres, not 718 acres within the Hillside Residential (HR) (1 du/10 acres designation). The remaining 4,284 acres within the Santa Margarita Annexation area is currently designated as Open Space Conservation Habitat (OS -CH) under the County or Riverside's land use designation and the proposed General Plan Amendment proposes to change the entire 4,284 acre portion of the project area currently designated as Open Space Conservation Habitat (OS -CH) under the County of Riverside's General Plan land use designation, to the City of Temecula General Plan land use designation of Open Space (OS). This will remain identical in the amended annexation request. Please refer to the comparison below. COMPARISON OF THE ADDENDUM TO THE SANTA MARGARITA ANNEXATION TO THE ORIGINAL PROPOSED PROJECT Santa Margarita Area Annexation Component of Development Certified FEIR Addendum to the FEIR Single-family residential"713 acres with 81 new dwelling units 225 acres with 22 new dwelling units Open Space & Conservation 4,284 acres 4,284 acres Estimated New Residentsc 263 72 a Subsequent purchase by SDSU of 5 -acre parcel acres is now intended to be used in a manner consistent with the Open Space land use designation and pre -zoning proposed for this property. The residence that currently exists on this parcel would become a legal non- conforming use under the proposed OS -C -SM zone. Therefore, the previously proposed land use designation was to include a total of 713 acres, not 718 acres within the Hillside Residential (HR) (1 du/10 acres designation). b 225 acres is the total allowable acreage for development of new dwelling units using the underlying General Plan land use designations. At 1 du/10 acres, 22 units would result, c It is noted that the city of Temecula uses a population generation rate of 3.24 persons per single-family dwelling unit while the County of Riverside General Plan utilizes a population generation rate of 3.01 persons per dwelling unit. The estimated number of new residents reflects the higher estimated population calculation. Addendum to the City of Temecula Santa Margarita Area Annexation 1-2 ESA/208485.02 EIR January 2010 1. Introduction Pursuant to the provisions of CEQA and State and local CEQA Guidelines, the City is the Lead Agency and is charged with the responsibility of deciding whether to approve the proposed project. As part of the decision-making process, the City is required to review and consider the potential environmental effects that could result from the modification of the annexation request analyzed in the previously certified EIR. In addition, LAFCO will use this addendum as the CEQA document for any action that they take on the revised annexation request. Since certification of the Santa Margarita Area Annexation FEIR, the County of Riverside has released and circulated the Liberty Quarry Draft EIR (State Clearinghouse No. 2007061104) which addresses impacts resulting from development of the proposed Liberty Quarry Mine to be located within the 487 acre segment excluded from this amended annexation request. The Draft EIR was available for a 60 -day public review and comment period from July 20, 2009 through September 18, 2009 and extended an additional 60 days through November 23, 2009. The FEIR has not been released and the project has not been scheduled for a public hearing at the Riverside County Board of Supervisors. 1.2 Previous Environmental Documentation In December 2008, the City of Temecula City Council certified the FEIR for the Santa Margarita Area Annexation. For the purposes of this Addendum, the FEIR refers to all project documents, including the Draft Environmental Impact Report (DEIR). The FEIR addressed potential impacts associated with the Santa Margarita Area Annexation and associated discretionary and ministerial actions. The originally approved FEIR involved the annexation of 4,997 acres into the City which was to include a Sphere of Influence expansion for the city; an amendment to its General Plan Land Use Map designating the land uses within the sphere of influence expansion areas; the pre - zoning of the annexation area with zoning designation consistent with the land use designation; and seeking approval for the annexation from LAFCO. The originally approved FEIR included the following land use applications: Planning Application PA07-0225 Planning Application PA07-0225 consisted of two components an amendment to the city of Temecula General Plan (General Plan Amendment) and the pre -zoning of the subject property (Change of Zone) described as follows: • General Plan Amendment proposed to amend the General Plan's Land Use Map with land use designations over the 4,443 acres of the subject property located outside of the city of Temecula's current sphere of influence. The 477 acres currently designated RM 1 DU/10 AC in Riverside County would become Hillside Residential (FIR) 1 DU/10 AC in the city of Temecula, 3,961 acres of the 3,966 acres designated OS -CH in the County would be designated Open Space (OS) in the City and 5 acres currently designated OS -CH in the County would become FIR 1 DU/10 AC in the city of Temecula. The amendment would only become effective if the previous annexation request had been approved by LAFCO. Addendum to the City of Temecula Santa Margarita Area Annexation 1-3 ESA/208485.02 EIR January 2010 1. Introduction • Change of Zone proposed the pre -zoning of approximately 4,997 acres with zoning designations which would follow the sane boundaries used for the general plan land use designations including 4,284 acres with a zoning district of "Conservation -Santa Margarita" (OS -C -SM); and 718 acres designated with a zoning district of "Hillside Residential -Santa Margarita" (HR -SM), allowing development of I DU/10 AC. The proposed pre -zoning will establish two new zones specifically for the SMAA through the adoption of the I-Iillside Development Standards. This zone change proposal will modify the existing range of permitted uses, which now include residential, open space, and mining to primarily residential and open space uses. The pre -zoning would only become effective if the previous annexation had been approved by LAFCO. Planning Application PA07-0226 • Sphere of Influence Expansion proposed the expansion of the city of Temecula's sphere of influence to include that 4,443 -acre portion of the 4,997 -acre SMAA outside of the city's current sphere of influence, with ultimate approval by LAFCO. • Annexation proposed the annexation of the SMAA consisting of approximately 4,997 acres into the city of Temecula, with ultimate approval by LAFCO. • LAFCO denied both the sphere amendment and annexation requests. With the exception of mineral resources, air quality, transportation and traffic, and noise impacts, the FEIR identified that impacts from the entire project would be either Less than significant or mitigated to below a level of significance. A Statement of Overriding Considerations was prepared and adopted. 1.3 Findings of this Addendum Pursuant to CEQA and the State CEQA Guidelines, this Addendum has been prepared to determine whether the project will result in a change in circumstances, new impacts, or new information of substantial importance requiring the preparation of a subsequent or supplemental EIR. This examination includes an analysis of the provisions of Section 21166 of CEQA and Section 15164 of the CEQA Guidelines and their applicability to the proposed project. The focus of this examination is whether the CEQA analysis conducted, as described in the previously certified FEIR, adequately addresses the impacts associated with an annexation area that is reduced by 487 acres from the 4,997 acres (previously proposed in the Santa Margarita Area Annexation certified FEIR) as part of this Addendum. As concluded in Chapter 3 of this document, the mitigation measures established in the certified Santa Margarita Area Annexation FEIR would more than adequately mitigate the impacts resulting from implementation of the reduced acreage project. This Addendum reviews new information that was not known and could not have been known with exercise of reasonable diligence at the time the Santa Margarita Area Annexation FEIR was certified. Addendum to the City of Temecula Santa Margarita Area Annexation 1-4 ESA / 208485.02 EIR January2010 1. Introduction 1.4 Use of an Addendum to a Previously Certified EIR Section 15164(a) of the State CEQA Guidelines states that an Addendum to an EIR shall be prepared "if some changes or additions are necessary, but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred." Section 15162 of the State CEQA Guidelines identifies the conditions that require preparation of a subsequent EIR. A proposed change in a project will require preparation of a subsequent EIR if: 1. The change in the project is substantial. Substantial changes in the project are those that would require major revision of the previous EIR due to the involvement of new significant environmental effects, or if a substantial increase in the severity of previously identified significant effects has occurred. 2. The circumstances under which the project is undertaken have substantially changed. Substantial changes in circumstances are those defined as those that would require major revisions of the previous EIR in order to describe and analyze new significant environmental effects, or any changes that would cause a substantial increase in the severity of the previously identified significant effects. 3. New information of substantial importance, which was not known and could have not been known, with the exercise of reasonable diligence at the time the previous EIR was certified, shows: A. The project will have one or more significant effects not discussed nn the previous EIR; B. The significant effects previously examined will be substantially more severe than identified in the previous EIR; C. Mitigation measures or alternatives previously found not to be feasible would, in fact, be feasible, and would substantially reduce one or more significant effects of the project, but the project proponent declines to adopt the mitigation measures or alternatives; or D. Mitigation measures or alternatives that are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponent declines to adopt the mitigation measures or alternatives. If none of the above conditions is met, as is the case with this amended project, the City may require preparation of a Mitigated Negative Declaration (MND) or an Addendum, or the City may decide that no further environmental documentation is necessary. The City has elected to proceed with this Addendum. This Addendum has evaluated each of the issues addressed in the FEIR, as well as each of the issues contained in the discussion presented in Chapter 3 of this document. Based on this Addendum to the City of Temecula Santa Margarita Area Annexation 1-5 ESA / 208485.02 EIR January2010 1. Introduction analysis and the information contained herein, there is no evidence that the proposed project requires major changes to the FEIR. Comparison of the previous project with the reduced project, as described in Chapter 3 of this document, indicates that there are no new significant environmental impacts associated with implementation of the proposed project and mitigation, as described in the FEIR. This Addendum relies on use of an Environmental Checklist Form, as suggested in Section 15063 (d)(3) of the State CEQA Guidelines. The Checklist Form is used: • To evaluate whether there are any new or more severe significant environmental effects associated with implementation of the proposed project and proposed amendments; and • To review whether there is new information or circumstances that would require preparation of additional environmental documentation in the fonn of a subsequent or supplemental EIR, or if an Addendum is appropriate. Chapter 3 of this document contains the discussion summarizing the responses to the questions on the fonn covering required environmental issues. 1.5 Contact Person The Lead Agency for the Addendum for the proposed project is the City of Temecula. Any questions about the preparation of this Addendum, its assumptions, or its conclusions should be referred to the following: Betsy Lowrey, Assistant Planner Community Development Department City of Temecula PO Box 9033 Temecula, CA 92589 Telephone: 951-693-3959 Fax: 951-694-6477 Addendum to the City of Temecula Santa Margarita Area Annexation 1-6 ESA/208485.02 EIR January 2010 CHAPTER 2 Project Description 2.1 Project Location The amended SMAA project site is comprised of approximately 4,510 acres located in the unincorporated portion of Riverside County, along the northern side of the San Diego -Riverside County line and west of Interstate 15 (I-15) and southwest of the City (Figure 1). This area is comprised of Riverside County's portion of the SMER and adjacent properties. 2.2 Site Description The amended project site consists of approximately 4,510 acres of publicly and privately owned primarily undeveloped land; most of which is undisturbed natural open space within the SMER. The majority of the area is comprised of steep hills with scattered outcroppings of granite boulders, sloping in a southwesterly direction with elevations ranging from approximately 530 feet to 2,330 feet above mean sea level (msl). Within the lower reaches of the project area is the Santa Margarita River which flows year round. From the river bottom up into the hills are many seasonal drainages. Within the entire 4,510 -acre project area there are only six occupied dwelling units with two dwelling units occasionally used by the San Diego State University (SDSU) Field Station Program to house researchers. The remaining privately -held properties, outside of the SMER, are currently vacant. At various locations within the SMER are scientific monitoring stations related to SDSU's research programs. The pristine nature of this area has made it a valuable resource for ecological study. The project area includes approximately 225 acres of private property within which only four lots are developed with single-family homes. Two of the six homes within the project area are part of the SMER and are only occupied by those individuals conducting research. The other four occupied properties are primarily large ranch estates involved with agriculture or equestrian activities. The SMER is a key part of preserving the entire Santa Margarita River, one of the last free- flowing rivers in coastal southern California, and its rich ecosystem. The Santa Margarita River officially begins northeast of the project site, at the confluence of Temecula Creek and Murrieta Creek at the Temecula city limits. The River flows through the Temecula Gorge and ultimately empties into the ocean through the largely undisturbed lands of Camp Pendleton. The upper watershed of the Santa Margarita River is thus the combined watersheds of Temecula and Addendum to the City of Temecula Santa Margarita Area Annexation 2-1 ESA / 208485.02 EIR January 2010 2. Project Description Murrieta Creeks [please refer to Figure 2-4 of the September 22, 2008 Santa Margarita Area Annexation FEIR certified December 9, 2008)]. Within the project area 4,284 acres have a Riverside County General Plan Land Use Designation of "Open Space -Conservation Habitat" (OS -CH) while the remaining acres are designated "Rural Mountainous" (RM). The OS -CFI designation applies to public and private lands conserved and managed in accordance with adopted Multiple Species Habitat Conservation Plan (MSHCP) and other conservation plans. The RM designation is for single-family residential uses with a minimum lot size of 10 acres. Within this designation there is an allowance for limited animal keeping, agriculture, recreational uses, compatible resource development (which may include the commercial extraction of mineral resources with approval of a surface mining permit) and associated uses and governmental uses. Currently, most of the project area is zoned "Rural Residential" (R -R). The R -R zone allows a minimum lot size of 0.5 acres. A small area comprised of 118 acres is currently zoned R -A-20 (Residential Agricultural with a 20 -acre minimum lot size). The majority of the private properties currently have a Riverside County Land Use designation of RM (please refer to Figure 2-5 and Figure 2-6 of the September 22, 2008 Santa Margarita Area Annexation EIR). Addendum to the City of Temecula Santa Margarita Area Annexation 2-2 EIR ESA/ 208485.02 January2010 LL 2 U 2. Project Description This page left intentionally blank Addendum to the City of Temecula Santa Margarita Area Annexation 2-4 ESA / 208485.02 EIR January2010 2. Project Description 2.3 Project Description The proposed project is the annexation of 4,510 acres into the City which will include a Sphere of Influence expansion for the city; an amendment to its General Plan Land Use Map designating the land uses within the sphere of influence expansion areas; the pre -zoning of the annexation area with zoning designation consistent with the land use designation; and seeking approval for the annexation from LAFCO. The proposed SMAA includes the following land use applications: Planning Application LR09-0024 Planning Application LR09-0024 consists of the foliowing components described as follows: • General Plan Amendment proposing to amend the General Plan's Land Use Map with land use designations over the 4,126 acres of the subject property located outside of the city of Temecula's current sphere of influence. The 159 acres currently designated RM 1 DU/10 AC in Riverside County will become HR 1 DU/10 AC in the city of Temecula, 3,966 acres designated OS -CH in the County will be designated OS in the city of Temecula. • Change of Zone proposing the pre -zoning of approximately 4,510 acres with zoning designations which follow the same boundaries used for the general plan land use designations including 4,284 acres with a zoning district of "Conservation -Santa Margarita" (OS -C -SM); and approximately 225 acres designated with a zoning district of "Hillside Residential -Santa Margarita" (HR -SM), allowing development of 1 DU/10 AC. The proposed pre -zoning will establish two new zones specifically for the SMAA through the adoption of the Hillside Development Standards. This zone change proposal will modify the existing range of permitted uses, which now include residential, open space, and mining to primarily residential and open space uses. • Sphere of Influence Expansion proposing the expansion of the City of Temecula's sphere of influence to include that 4,126 -acre portion of the 4,510 -acre SMAA outside of the city's current sphere of influence, with ultimate approval by LAFCO. • Annexation proposing the annexation of the SMAA consisting of approximately 4,510 acres into the city of Temecula, with ultimate approval by LAFCO. Pre -zoning applies to land that is adjacent to the current City boundaries, but is not yet part of the City. The pre -zoning process provides a description of the activities the City would potentially allow on subject property once it becomes part of the City. The approval and implementation of the previously outlined planning applications by the City and LAFCO would result in the ability of the underlying private landowners to potentially develop on a 225 acre area under the HR -SM zoning designation, which is limited to 1 DU/10 AC and which will permit a maximum of 22 new dwelling units to be built. The City's designation does allow a number of uses other than residential (i.e. churches, educational facilities, libraries, day care centers, bed and breakfast establishments). A variety of open space/conservation compatible land uses would also be allowed under these Addendum to the City of Temecula Santa Margarita Area Annexation 2-5 ESA/208485.02 EIR January 2010 2. Project Description proposed general plan and zoning designations. A total of 22 single-family dwelling units is considered a worst case scenario, as four dwelling units already exist and may never be reconstructed and the actual development of the remaining dwelling units is heavily constrained by numerous environmental and physical design constraints including: topography; domestic water supply; wastewater disposal; dry utilities; primary and secondary access; land -locked parcels; geotechnical considerations; on-site fire department water storage requirements (a minimum of 120,000 gallons per dwelling unit) and emergency access requirements; sensitive habitat and species issues; and MSHCP conservation requirements. It should be noted that it is considered highly likely that many residential parcels could not meet these development requirements on an individual basis. The proposed hillside development standards would require specific setback, massing, landscaping and fuel modification requirements, and would prohibit mass grading and wholesale vegetation clearing for agricultural purposes. As such, individual dwelling units would be constructed as custom homes and would be required to incorporate sensitive design considerations into the planning of each site. It is not possible to forecast when all 22 units would be constructed, as it is dependent on the intentions of each underlying landowner, market conditions and the economic feasibility of complying with the above -outlined environmental, physical and design constraints. A reasonable phasing assumption would entail development of 5 homes per year, which would require approximately 5 years to construct all 22 single-family dwelling units allowed under the proposed planning applications. In order to implement a worst case scenario to be analyzed in this document, it will be assumed that all 22 single-family units will be developed by 2015, and all impact analyses in this document will be based on the residential units being constructed by this year. 2.4 Project Objectives A clear statement of project objectives allows for the analysis of reasonable alternatives to the proposed project. A range of reasonable alternatives, both on- and off-site, that would feasibly attain most of the basic project objectives, while avoiding or substantially lessening the significant effects of the project, must be analyzed per CEQA Guidelines Section 15126.6. The City has identified the following planning objectives for the SMAA: • To integrate the SMAA area into the City's General Plan, adopting general plan and zoning amendments that establish the general framework for ultimate development within the study area. • To preserve public lands within the SMAA area in natural open space; while retaining the existing rural residential/agricultural character of privately -owned lands. • To protect the research value of the SMER by prohibiting incompatible land uses within adjacent properties. 2.5 Environmental Setting Geology and Soils The project site is located at the southern end of the Temescal Valley located in western Riverside County. The Temescal Valley can generally be described as ranging from the Riverside Addendum to the City of Temecula Santa Margarita Area Annexation 2-6 ESA/208485.02 EIR January 2010 2. Project Description County/Orange County line east to the Perris Valley and from the city of Corona south to the Riverside County/San Diego County line. The northern portion of the Temescal Valley including the Lake Elsinore area, generally drains north into the Santa Ana River; while the southern portion of Temescal Valley generally drains south into the Santa Margarita River by way of Temecula Creek and Murrieta Creek. The Temescal Valley area is located in the northern part of the Peninsular Range province and is dominated by rocks of the southern California batholith. The multiple intrusives of the batholith have invaded older metasedimentary and metavolcanic rocks of Paleozoic through early Cretaceous ages (570 to 98 million years ago). Bodies of these metasedimentary and metavolcanic rocks now crop out along the edges of the batholithic rocks and as roof pendants within batholithic rocks. Rocks of Late Cretaceous through Holocene age (98 million years ago to the present) were deposited over the eroded surfaces of these older rocks and crop out in the major drainages. These younger rocks are mostly conglomerates, claystones, and sandstones of marine and continental origin. Typical rock types that can be found in this area include: • Pre-Batholithic Rocks: Jurupa Complex (gneiss, schist, quartzite and marble), Bedford Canyon Formation (quartzites, slates, and argillites), Santiago Peak Volcanics (pyrite and pyrrhotite), Temescal Wash Quartz Latite Porphyry (porphyritic quartz latite). • Southern California Batholith Rocks: Gabbro, quartz diorite, granodiorite, and granite. (Silica, feldspar, lithium minerals, micas and gemstones.) • Post-Batholithic Rocks: Cretaceous Formations (sandstone, cobble and small boulder conglomerate, siltstone and shale), Silverado Formation (marine clays, silts, quartz and arkosic sands), Vaqueros and Sespe Fonnations (sandstone and conglomerate). The City is located in one of the most seismically active areas of southern California. The city is traversed by the Elsinore fault and has historically experienced earthquakes of moderate magnitude. The Elsinore fault zone, which is located in proximity to the eastern boundary of the SMAA, is one of the largest in southern California and in historical times, has been one of the quietest. The southeastern extension of the Elsinore fault zone, the Laguna Salada fault, ruptured in 1892 in a magnitude 7.0 earthquake, but the main trace of the Elsinore fault zone has only seen one historical event greater than magnitude 5.2: the magnitude 6.0 earthquake of 1910 near Temescal Valley, which produced no known surface rupture and did little damage. Other faults surrounding the City include the San Andreas, San Jacinto, San Gabriel, Newport -Inglewood, Sierra Madre -Santa Susana-Cucamonga, Rose Canyon, Coronado Banks, San Diego Trough, and San Clemente Island faults. The eastern portion of the annexation area is part of Cieneba-Rock land-Fallbrook association that is characterized by well -drained and somewhat excessively drained soils. Typically, these soils are very shallow to moderately deep soils in undulating to steep areas and have a surface layer of sandy loam and fine sandy loam on a granitic rock base. The western portion of the annexation area is identified as being within the Cajalco-Temescal-Las Posas association which is characterized as well -drained soils in undulating to steep areas. These soils are moderately deep Addendum to the City of Temecula Santa Margarita Area Annexation 2-7 ESA/208485.02 EIR January2010 2. Project Description to shallow soils that have a surface layer of fine sandy loam and loam found on gabbro and latite- porphyry. According to the soil survey information from the Natural Resources Conservation Service, the primary soil types within the project boundary are Cajalco rocky fine sandy loam, 15 to 50 percent slopes, eroded (CbF2), Cieneba rocky sandy loam, 15 to 50 percent slopes, eroded (CkF2), Fallbrook rocky sandy loam, shallow, 15 to 50 percent slopes, eroded (FcF2), Las Posas rocky loam, 15 to 50 percent slopes, severely eroded (LkF3) and Rockland (RtF). A number of other soil types are found within the project boundary in small quantities throughout the site. Air Quality The proposed project is Located within the South Coast Air Basin (SCAB), which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAB consists of Orange County, the coastal and mountain portions of Los Angeles County, as well as Riverside and San Bernardino counties. Regional and local air quality within the SCAB is affected by topography, atmospheric inversions, and dominant onshore flows. Topographic features such as the San Gabriel, San Bernardino, and San Jacinto Mountains form natural horizontal barriers to the dispersion of air contaminants. The presence of atmospheric inversions limits the vertical dispersion of air pollutants. With an inversion, the temperature initially follows a nonnal pattern of decreasing temperature with increasing altitude, however, at some elevation, the trend reverses and temperature begins to increase as altitude increases. This transition to increasing temperature establishes the effective mixing height of the atmosphere and acts as a barrier to vertical dispersion of pollutants. Dominant onshore flow provides the driving mechanism for both air pollution transport and pollutant dispersion. Air pollution generated in coastal areas is transported east to inland receptors by the onshore flow during the daytime until a natural barrier (the mountains) is confronted, limiting the horizontal dispersion of pollutants. The result is a gradual degradation of air quality from coastal areas to inland areas, which is most evident with the photochemical pollutants such as ozone formed under reactions with sunlight. The project site is located within SCAQMD Source Receptor Area (SRA) 25. The most recent published data applicable to SRA 25 indicates that the baseline air quality conditions in the project area include occasional events of very unhealthful air. However, the frequency of smog alerts has dropped significantly in the last decade. Ozone (O3)and particulates are the two most significant air quality concerns in the project area. The yearly monitoring records document that prior to 1997, approximately one-third or more of the days each year experienced a violation of the state hourly ozone standard, with around ten days annually reaching first stage alert levels of 0.20 parts per million (ppm) for one hour. It is encouraging to note that ozone levels have dropped significantly in the last few years with less than one-fifth of the days each year experiencing a violation of the state hourly ozone standard since 1997. Locally, no second stage alert (0.35 ppm/hour) has been called by SCAQMD in the last ten years. The California Air Resources Board (CARB) maintains records as to the attainment status of air basins throughout the state, under both state and federal criteria. The portion of the SCAB within Addendum to the City of Temecula Santa Margarita Area Annexation 2-8 EIR ESA / 208485.02 January2010 2. Project Description which the proposed project is located is designated as a non -attainment area for ozone, particulate matter less than 10 microns (PM -10), and Particulate Matter less than 2.5 microns (PM -2.5) under both state and federal standards. Detailed discussions of the air quality setting and air pollution related to the project site are included in Section 3.1 (Air Quality) of this document. Biological Resources The City is located within the western Riverside County MSHCP area. The overall biological goal of the MSHCP is to maintain and restore biological diversity and natural ecosystem processes that support diversity in natural areas within western Riverside County known to support threatened, endangered or key sensitive populations of plant and wildlife species. The MSHCP identifies five geographic locations within the City and surrounding areas that contain potential regional wildlife corridor linkages, including French Valley, Lower Tucalota Creek, Temecula Creek, Pechanga Creek, and Murrieta Creek. Additionally, the Santa Ana Palomar Mountains Linkage straddles the San Diego County Northern MSHCP and the Riverside County Western MSHCP. This jurisdictional division placed an artificial boundary directly through the Linkage. The SMAA project site consists of approximately 4,510 acres of primarily undeveloped land and a 5 -mile stretch of the protected Santa Margarita River. The majority of the project area is undisturbed and is in a pristine natural area, of which 4,284 acres have been conserved in the SMER within the project boundary. The SMER adjoins a "Special Linkage Area" of the Riverside County MSHCP. The SMER lies in the chaparral/coastal sage and scrub/oak woodland vegetation zone of southern California. The climate is Mediterranean, with cool wet winters and warm summers moderated by the marine influence of the Pacific Ocean that lies 18 miles (30 kilometers (kin)) to the west. Mean annual precipitation is approximately 400 mm and the mean annual temperature about 16.4°C. The topography is complex consisting of low hills and intervening drainages. The majority of the area is comprised of steep hills with scattered outcroppings of granite boulders sloping in a southwesterly direction with elevations ranging from approximately 530 feet to 2,330 feet above msl. The northern portion of the reserve is dominated by the deep gorge of the Santa Margarita River. Most of the project site is covered by low shrub vegetation, a mosaic of mixed chaparral, chamise chaparral, and coastal sage, oak and riparian woodlands are found in the deeper drainages. Sycamore, cottonwood, and willow forests are part of a protected riparian corridor in the SMER. Coast live oak occurs along ephemeral drainages. The upland areas of the reserve support coastal sage scrub and southern mixed chaparral. Some native grassland occurs in small isolated patches. Scattered self -seeded orange, avocado and eucalyptus groves are also found throughout the project area. Addendum to the City of Temecula Santa Margarita Area Annexation 2-9 ESA/208485.02 EIR January 2010 2. Project Description The SDSU Field Station Program for the SMER has conducted significant research of natural communities found within the reserve. The research has documented the observation of 181 animal species within the SMER. Additionally, the California Department of Fish and Game Natural Diversity Database (CNDDB) and SMER records identify 20 sensitive species as occurring within or in proximity to the annexation area. Two of these species, least Bell's vireo (Vireo bellii pusillus) and California gnatcatcher (Polioptila californica californica) are federally and/or state listed endangered species. Other sensitive wildlife species documented within the SMER include: two -striped garter snake (Thamnophis hammondii), northern red diamond rattlesnake (Crotalus ruber ruber), Cooper's Hawk (Accipiter cooperii), Sharp -shinned Hawk (Accipiter striatus), Bell's Sage Sparrow (Amphispiza Belli Belli), Golden Eagle (Aguila chrysaetos), White-tailed Kite (Elanus leucurus), Loggerhead Shrike (Lanius ludovicianus), Orange -throated Whiptail (Cnemidophorus hyperythrus), western spadefoot toad (Spea hammondii), southwestern pond turtle (Actinemys marmorata pallida), and Arroyo chub (Gila oreutti°. The research has documented the observation of 331 plant species. Three sensitive plant species, the San Diego thorn mint (Acanthomintha ilicifolia), rainbow manzanita (Arctostaphylos rainbowensis) and Parry's tetracoccus (Tetracoccus dioicus). A CNPS species IB.2 plant has been documented on the project site during SDSU surveys. San Diego thorn mint is a federally listed threatened and California listed endangered species. Rainbow manzanita is a California Native Plant Society (CNPS) list 1B.1 species. Mineral Resources Riverside County has diverse mineral resources, including extensive deposits of clay, limestone, iron, sand, and aggregates that have been influential in the development of the area and serve as an important component of the County's economy. Riverside County consists predominantly of igneous and metamorphic rock with some sedimentary units. They vary from hard rock underlying steep slopes of the San Jacinto Mountains to the weathered granitic rocks of Joshua Tree National Park and hillsides near the city of Riverside. Alluvial (river) valleys between these mountain ranges contain sediments with significant variation in thickness. Some valleys are filled with a few hundred feet of Pleistocene and Holocene sediments, whereas others, such as the Coachella, San Jacinto and Elsinore Valleys, contain several thousand feet to several miles of sediment. The thickest sediments have been deposited in basins that are being pulled apart by the movement of tectonic plates. In the Temescal Valley, where the SMER area is located typical rock types that can be found include: • Pre-Batholithic Rocks: Jurupa Complex (gneiss, schist, quartzite and marble), Bedford Canyon Formation (quartzites, slates, and argillites), Santiago Peak Volcanics (pyrite and pyrrhotite), Temescal Wash Quartz Latite Porphyry (porphyritic quartz latite). • Southern California Batholith Rocks: Gabbro, quartz diorite, granodiorite, and granite. (Silica, feldspar, lithium minerals, micas and gemstones). • Post-Batholithic Rocks: Cretaceous Formations (sandstone, cobble and small boulder conglomerate, siltstone and shale), Silverado Fonnation (marine clays, silts, quartz and arkosic sands), Vaqueros and Sespe Formations (sandstone and conglomerate). Addendum to the City of Temecula Santa Margarita Area Annexation 2-10 ESA/208485.02 EIR January 2010 2. Project Description The site specifically has rock types that include primarily Cretaceous igneous granitic rocks, Jurassic marine sedimentary rocks and Mesozoic basic intrusive rocks. Cretaceous -age granitic bedrock is exposed throughout the area. The bedrock is comprised primarily of quartz and feldspar. The County of Riverside General Plan shows that the SMER area is located within an MRZ-3 zone; indicating that available geologic information indicates that mineral resources are likely to exist, but the significance of the deposit is undetermined. The County General Plan, however, recognizes that further exploration work could result in the reclassification of all or part of these areas into the specific localities into MRZ-21 category. The designation for the Liberty Quarry site changed from MRZ-3 to MRZ-2, which is located outside of the currently proposed annexation area. Specifically, the area of the Liberty Quany site is located within the original boundary (area of land within the red line), but outside of the proposed modified boundary (area of land without the blue cross -hatching) on Figure I. For the purposes of this addendum, the impact analysis will focus on the proposed project which is the proposed 4,510 -acre SMAA project which includes: (I) General Plan Amendment to adopt land use designations for 4,126 acres (OS and HR, 1 DU/1 0 AC) located outside of the City's current sphere of influence; (2) adoption of pre -zoning to implement the General Plan land use designations and hillside development standards, which will be conditioned on LAFCO approval of the annexation; (3) resolutions of application to LAFCO for an expansion of the City's sphere of influence to include the portion of the annexation area not already in the City sphere of influence and for annexation of the project area to the City; and (4) LAFCO consideration of the proposed sphere expansion and annexation. 2.6 Discretionary Actions and Approvals The certified FEIR and this addendum serve as informational documents for use by public agencies, the general public, and decision makers. The certified FEIR and this addendum discuss the impacts of development pursuant to the proposed project and related components and analyze project alternatives. The certified FEIR and this addendum will be used by the City and responsible agencies in assessing impacts of the proposed project. The following public officials and agencies will use the certified FEIR and this addendum when considering the following actions: City of Temecula Planning Commission 1. Recommendation to the Temecula City Council for approval of this addendum to the certified Final Environmental Impact Report EA -128. 2. Recommendation to the Temecula City Council regarding approval of Planning Application LR09-0024 consisting of: I The MRZ-2 designation means that adequate information indicates that significant mineral deposits are present or there is a high likelihood for their presence and development should be controlled. Addendum to the City of Temecula Santa Margarita Area Annexation 2-11 EIR ESA / 208485.02 January 2010 2. Project Description • Sphere of Influence Expansion proposing the expansion of the city of Temecula's sphere of influence to include that 4,126 -acre portion of the 4,510 -acre SMAA outside of the city's current sphere of influence. • Annexation proposing the annexation of the SMAA consisting of approximately 4,510 acres into the city of Temecula • General Plan Amendment proposing to update the General Plan's Land Use Map with land use designations over 4,126 acres of the SMAA is located outside of the city's current sphere of influence. The 159 acres currently designated RM (I DU/10 AC) in Riverside County will become HR (I DU/10 AC) in the city of Temecula, 3,966 acres designated OS -CH in the County will be designated OS in the city of Temecula. • Change of Zone proposing the pre -zoning of approximately 4,510 acres with zoning designations which follow the same boundaries used for the general plan land use designations including 4,284 acres with a zoning district of "Conservation -Santa Margarita" (OS -C -SM); and approximately 225 acres designated with a zoning district of "Hillside Residential -Santa Margarita" (HR -SM), allowing development of 1 DU/10 AC. The proposed pre -zoning will establish two new zones specifically for the SMAA through the adoption of the Hillside Development Standards. This zone change proposal will modify the existing range of permitted uses, which now include residential, open space, and mining to primarily residential and open space uses. City of Temecula City Council 1. Approval of this addendum to the certified Final Environmental Impact Report EA -128. 2. Approval of Planning Application LI209-0024 consisting of: • Sphere of Influence Expansion proposing the expansion of the city of Temecula's sphere of influence to include that 4,126 -acre portion of the 4,510 -acre SMAA outside of the City's current sphere of influence. • Annexation proposing the annexation of the SMAA consisting of approximately 4,510 acres into the city of Temecula. • General Plan Amendment proposing to update the General Plan's Land Use Map with land use designations over the 4,126 acres of the SMAA is located outside of the City's current sphere of influence. The 159 acres currently designated RM (1 DU/10 AC) in Riverside County will become HR (1 DU/10 AC) in the city of Temecula, 3,966 acres designated OS -CH in the County will be designated OS in the city of Temecula. • Change of Zone proposing the pre -zoning of approximately 4,510 acres with zoning designations which follow the same boundaries used for the general plan land use designations including 4,284 acres with a zoning district of "Conservation -Santa Margarita" (OS -C -SM); and approximately 225 acres designated with a zoning district of "Hillside Residential -Santa Margarita" (HR -SM), allowing development of 1 DU/1 0 AC. The proposed pre -zoning will establish two new zones specifically for the SMAA through the adoption of the Hillside Development Standards. This zone change proposal will modify the existing range of permitted uses, which now include residential, open space, and mining to primarily residential and open space uses. Addendum to the City of Temecula Santa Margarita Area Annexation 2-12 ESA/208485.02 EIR January 2010 2. Project Description Riverside County Local Agency Formation Commission 1. Approval of Sphere of Influence Expansion expanding the city of Temecula's sphere of influence to include that 4,I26 -acre portion of the 4,510 -acre SMAA outside of' the City's current sphere of influence. 2. Approval of Annexation of the SMAA consisting of approximately 4,510 acres into the city of Temecula. Addendum to the City of Temecula Santa Margarita Area Annexation 2-13 ESA 1208485.02 EIR January 2010 CHAPTER 3 Environmental Impacts and Mitigation Measures 3.1 Prior Environmental Review and Discussion The certified FEIR for the Santa Margarita Area Annexation evaluated nine environmental factors, including air quality, biological resources, cultural resources, land use and planning, mineral resources, public services and utilities, transportation and traffic, noise and recreation. The FEIR also established mitigation measures to reduce the level of significant impacts. A mitigation monitoring program was adopted by the City in connection with certification of the Santa Margarita Area Annexation FEIR. As previously described, a Statement of Overriding Considerations was adopted with certification of the 2008 FEIR. To ensure consistency between this EIR Addendum, the 2008 FEIR, the same environmental topics will be evaluated. This section describes the existing setting and potential environmental impacts resulting with the proposed project, which is the amended annexation request. There has been no change in the existing setting since the time when the FEIR was prepared and certified last year. This discussion will be followed by evaluation of potential environmental impacts resulting with the proposed project. The analyses will focus on those environmental impacts that are specific to the currently proposed amended annexation request. 3.1.1 Air Quality Existing Conditions The existing air quality setting and environment remain unchanged from those discussions contained in the 2008 certified FEIR. Air quality impacts resulting from implementation of the originally proposed SMAA were discussed in detail within Section 3.1 of the 2008 certified FEIR. Environmental Impacts -Amended Annexation Request As previously described, the Applicant is now proposing to submit a revised annexation application to the Riverside County LAFCO that would remove approximately 487 acres of the 4,997 acres previously proposed in the September 22, 2008 Santa Margarita Area Annexation FEIR (certified December 9, 2008). The 487 acres not part of this amended project would include the area proposed for the Liberty Quarry Mine site and a few adjacent parcels from the previously certified FEIR project. In essence, the amended annexation request would reduce the component of potential development from 713 acres with a maximum of 81 new dwelling units and 263 Addendum to the City of Temecula Santa Margarita Area Annexation 3-1 EIR ESA / 208485.02 January 2010 3. Environmental Impacts and Mitigation Measures estimated new residents, as proposed under the previous LAFCO application and evaluated by the certified FEIR, to approximately 225 acres with a maximum of 22 new dwelling units and 72 estimated new residents. The amended annexation request would result in a predominantly 73% (81 dwelling units reduced to 22 dwelling units = 59 dwelling units less or 73% dwelling units less) reduction in impacts as compared to the previous project evaluated by the certified FEIR. As such, implementation of the amended annexation request would result in the following impacts to air quality: ESTIMATED DAILY CONSTRUCTION EMISSIONS Construction Year 2010 2011 2012 2013 2014 SCAQMD Daily Regional Construction Thresholds Exceeds Threshold? Original Project Construction Year 2010 Original Project Construction year 2010 Minus Current Project Construction Year 2010 ROG NOx CO SO2 PM -10 PM -2.5 CO2 13 92 46 >1 14 6 9,950 12 85 45 >1 13 6 9,950 12 79 44 >1 13 6 9,950 11 74 43 >1 13 5 9,950 11 60 37 >1 12 4 9,053 75 100 550 150 150 55 NA No No No No No No NA 29 92 47 >1 14 6 9,950 16 0 1 0 0 0 0 NOTE: See Appendix A of the Air Quality Impact Analysis (Appendix 8) for model output report. NA is not available. SOURCE: ESA2010 Evaluation of the above table indicates that daily worst-case emissions from construction of 22 dwelling units would not result in an exceedance of the SCAQMD regional air quality emissions' threshold due to construction activities, therefore the impact from emissions produced during project construction would be less than significant. However to further reduce construction emissions the following mitigation measure 3.1-2a as detailed in the certified FEIR, would apply to the amended annexation request. Addendum to the City of Temecula Santa Margarita Area Annexation 3-2 ESA/208485.02 EIR January 2010 3. Environmental Impacts and Mitigation Measures ESTIMATED DAILY PROJECT OPERATION EMISSIONS (summer) Peak Daily Emissions (Ib/day) Activity/Year ROG NOx CO SO2 PM -10 PM -2.5 CO2 SCAQMD Daily 55 55 550 150 150 55 NA Thresholds Area source 1 <1 1 0 0 0 459 operational 2 2 21 >1 4 1 2,204 Total 3 2 22 >1 4 1 2,663 Exceeds Threshold? No No No No No No NA Original Project Total 11 10 81 >1 14 3 9,804 Original Project Total Minus current Project 8 8 59 0 10 2 7141 Total SOURCE: ESA. 2010 ESTIMATED DAILY PROJECT OPERATION EMISSIONS (winter) Activity/Year Peak Daily Emissions (Ib/day) ROG NOx CO SO1 PM -10 PM -2.5 CO2 SCAQMD Daily Thresholds 55 55 550 150 150 55 NA Area source 5 1 10 >1 1 1 876 operational 2 3 20 >1 4 1 1,997 Total 7 4 30 >1 5 2 2,873 Exceeds Threshold? No No No No No No NA Original Project Total 24 12 109 >1 19 8 10,577 Original Project Total Minus current Project 17 8 79 0 14 6 7,704 Total SOURCE: ESA, 2010 No significant project -specific or cumulative impacts are expected, and impacts would be lower than those studied in the Final EIR. Further evaluation is not necessary. Mitigation Measures Mitigation measures contained in the certified 2008 Santa Margarita Area Annexation FEIR remain applicable to the proposed amended annexation request. No additional mitigation is required. Addendum to the City of Temecula Santa Margarita Area Annexation 3-3 ESA 1208485.02 EIR January 2010 3. Environmental Impacts and Mitigation Measures Level of Significance after Mitigation A statement of overriding considerations was adopted as part of the FEIR for impacts that remained significant and unavoidable for air quality impacts. No other significant impacts are anticipated due to the adequacy of the mitigation measures identified in the certified 2008 Santa Margarita Area Annexation FEIR. Implementation of these mitigation measures would lessen the project -specific and cumulative impacts of the proposed amended annexation request or reduce them to less than significant levels. 3.1.2 Biological Resources Existing Conditions The existing biological resources setting and environment remain unchanged from those discussions contained in the 2008 certified FEIR. Biological resource impacts resulting from implementation of the originally proposed SMAA were discussed in detail within Section 3.2 of the 2008 certified FEIR. Environmental Impacts -Amended Annexation Request Future development of approximately 225 acres with a maximum of 22 new dwelling units and 72 estimated new residents would have the potential to result in impacts to sensitive wildlife species found within the area. The potential impacts to biological resources associated with the amended annexation request would result in a 68% reduction in the area where impacts might occur as compared to the previously proposed annexation request, resulting in a substantially reduced potential for habitat impact. Potential impacts to these species would include an incremental loss of habitat (including breeding and/or seasonal foraging habitat). Individuals present within zones of project grading and other direct development impacts could potentially be killed or displaced by construction activities. The amended annexation request project site lies within the MSHCP. Because the sensitive plant and animal species located in the annexation area are MSHCP Covered Species the USFWS has determined that these species are adequately conserved through implementation of the MSHCP. (Federal Fish and Wildlife Permit No. TE088609-0 dated June 22, 2004.) Therefore, implementation of Mitigation Measure 3.2 -la as described in the certified FEIR would reduce these potential impacts to a less than significant level. Some of the bird species that have been documented on site are protected under the federal MBTA and California Fish and Game Code which prohibits take, possession, or destruction of birds, their nests or eggs (in particular raptor species). In order to avoid violation of the MBTA or the California Fish and Game Code, general guidelines suggest that project -related disturbances at active nesting territories be reduced or eliminated during the nesting cycle (generally February 1 to August 31). Implementation of Mitigation Measure 3.2-1b will reduce these potential impacts to a less than significant level as described in the certified FEIR would reduce these potential impacts to a less than significant level. Addendum to the City of Temecula Santa Margarita Area Annexation 3-4 ESA/208485.02 EIR January 2010 3. Environmental Impacts and Mitigation Measures The majority of the project area proposed for annexation will be designated "Open Space" and will remain undeveloped. The development potential on the remaining 225 acres which will be designated "Hillside Residential" is limited to I DU/10 AC which will permit a maximum of 22 new dwelling units to be built. As this development occurs, the loss of the portions of the project site as habitat will be an adverse, but not substantial impact on region -wide populations of these species. The amended annexation request's potential direct and indirect adverse impacts on any species identified as a candidate, sensitive, or special status species would be reduced to below the level of significance through compliance with the provisions of the MSHCP and the implementation of Mitigation Measures 3.2 -la and 3.2 -Ib as described in the certified FEIR. The vast majority of the riparian habitat within the annexation area occurs on the SMER, and is therefore conserved. Therefore the amended annexation project would not result in a substantial adverse impact to riparian habitats. The city of Temecula General Plan EIR Mitigation Measures that apply to potential future activities within the project site are incorporated by reference in Section 3.2-6 of the certified FEIR. Development within the 225 -acre developable portion of the amended annexation area would add to the overall loss of CSS caused by development within western Riverside County. Compliance with the MSHCP will mitigate these impacts to less than significant. Therefore, impacts to any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the CDFG or by the USFWS would be less than significant. The MSHCP identifies five geographic locations within the city and surrounding areas that contain potential regional wildlife corridor linkages, including French Valley, Lower Tucalota Creek, Temecula Creek, Pechanga Creek, and Murrieta Creek. Upon annexation, Santa Margarita River would then also be a potential regional wildlife corridor linkage within the city in addition to the previously identified five potential wildlife corridors. The amended annexation request would remove a substantial portion of the southeast corner of the project site which was previously (under the certified FEIR) located within a designated "Special Linkage Area." Development within the now remaining developable area has the potential to impact wildlife corridors. The precise location of grading and dwelling units and driveways is speculative and therefore, the extent of the impact upon wildlife corridors cannot be determined. However, compliance with the MSHCP and the conditions of the Temecula General Plan Mitigation Measures outlined in Section 3.2.6 of the certified FEIR and relevant provisions of the proposed pre -zoning would reduce potential impacts to less than significant levels. Although most of the amended annexation request project site is located outside of criteria areas, the amended project would still be located in proximity to three subunits: Subunit 1 (Murrieta Creek) to the north, Subunit 2 (Temecula and Pechanga Creeks) to the east and Subunit 6 (Santa Rosa Plateau) also to the north. The project site is primarily located outside of identified criteria areas. A small portion of the project site is located within Criteria Cell 7512 along the project's northern boundary. Because this area is already conserved as part of the SMER it is unlikely that development will occur in this portion of the criteria cell. The majority of the future projects within the project area would need to conform with the MSHCP requirements for non -criteria cell areas. In accordance with the MSHCP, proposed projects outside of the criteria area are to be Addendum to the City of Temecula Santa Margarita Area Annexation 3-5 EIR ESA / 208485.02 January 2010 3. Environmental Impacts and Mitigation Measures reviewed for consistency with the MSHCP Section 6.1.2 ("Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool" guidelines), the Section 6.1.3 ("Protection ofNanrow Endemic Plant Species" guidelines), Section 6.1.4 ("Guidelines Pertaining to the Urban/Wildlands Interface") and the Section 6.3.2 ("Additional Survey Needs and Procedures."). The project site includes the Santa Margarita River and drainages tributary to the river. Although most of the sensitive riparian/riverine portion of the annexation area is preserved as part of the SMER, approximately 225 acres of the proposed SMAA will retain the potential for development in accordance with general plan and zoning designations, which will allow development of approximately 22 new dwelling units. Future development within this area has the potential to impact riparian/riverine resources. However, potential impacts resulting from any future development of discretionary projects within the project area can be reduced to below the level of significance through compliance with the MSHCP and the Temecula General Plan EIR conditions listed in Section 3.2.6 of the certified FEIR. Additionally, through compliance with the mandatory provisions of the MSHCP and the listed mitigation measures, it can be detennined that the amended annexation request project is consistent with MSHCP Section 6.1.2. The amended project site is not located within the Narrow Endemic Plant survey areas as shown on Figure 6-1 of the MSHCP [please refer to Figure 3.2-5 of the September 22, 2008 Santa Margarita Area Annexation FEIR certified December 9, 2008)]. Although most of the annexation area is preserved as part of the SMER, approximately 225 acres of the proposed SMAA project will retain the potential for development in accordance with general plan and zoning designations, which will allow development of approximately 22 new dwelling units. Development within this area has the potential to impact narrow endemic plant species at such time that development occurs. The precise location and extent of impact cannot be detennined at this time. Additionally, the future location of narrow endemic plants cannot be determined at this time. Potential impacts resulting from any future development of discretionary projects within the project area can be reduced to below the level of significance through implementation of the listed mitigation measures. Through compliance with the mandatory provisions of the MSHCP and the listed mitigation measures of the certified FEIR, potential impacts are reduced to below the level of significance and the project is consistent with MSHCP Section 6.1.3. Section 6.1.4 of the MSHCP sets forth guidelines which are intended to address indirect effects associated with locating development in proximity to the MSHCP Conservation Area, where applicable. The guidelines referenced above have been incorporated by reference through General Plan EIR Mitigation Measure B-10 in Section 3.2.6 of the certified FEIR. The SMAA project site is primarily located outside of identified criteria areas. A small portion of the amended annexation request project site is located within Criteria Cell 7512 along the project's northern boundary; however, in comparison to the original project, the amended project site is not located within a designated "Special Linkage Area." The majority of the project site is located outside of designated criteria areas. The project site is located in proximity to three subunits: Subunit 1 (Murrieta Creek) to the north, Subunit 2 (Temecula and Pechanga Creeks) to Addendum to the City of Temecula Santa Margarita Area Annexation 3-6 ESA/208485.02 EIR January 2010 3. Environmental Impacts and Mitigation Measures the east and Subunit 6 (Santa Rosa Plateau) also to the north. Due to the project site's partial inclusion within an identified criteria cell, future development in the project area may need to comply with the policies set forth in Section 6.1.4. Although most of the annexation area is preserved as part of the SMER, approximately 225 acres of the proposed SMAA will retain the potential for development in accordance with general plan and zoning designations, which would allow development of approximately 22 new dwelling units. Development within this area has the potential to require compliance with the "Guidelines Pertaining to the Urban/Wildlands Interface" as described in Section 6.1.4 of the MSHCP, at such time that development requiring discretionary approval is proposed. Local policies and zoning include regulations to buffer the SMER from adverse effects of development, avoid interference with linkages for the species in the area, and preserve habitat for the common and sensitive species in the area. Through compliance with the mandatory provisions of the MSHCP and the listed mitigation measures, potential impacts are reduced to below the level of significance and the project is consistent with MSHCP Section 6.1.4. The amended annexation request project site is located outside of any Critical Area Species Survey Area (CASSA) for plants and mammals, although one CASSA plant species, the thread - leaved brodiaea (Brodiaea filifolia) has been observed within the project boundaries. The southeast portion of the project site under the certified FEIR was located within the area shown on MSHCP Figure 6-4 (Burrowing Owl Survey). This area is no longer included as part of the amended annexation request; as such, the potential for impacts to burrowing owl habitat would be greatly decreased. The precise location of development and whether or not a development site contains occupied burrowing owl habitat cannot be determined at this time. Additionally, due to the migratory nature of the burrowing owl, there is a possibility that although burrowing owls may not be located on a particular property at any point in time, they could occupy the site prior to actual project construction. Development of future discretionary development proposals within this area may require compliance with MSHCP Section 6.3.2 through the preparation of burrowing owl habitat assessments and focused burrowing owl surveys, and compliance with the listed mitigation measures for projects that occur on the portions of the projects site where burrowing owl assessments are required. The amended annexation request would still have the potential to have a significant impact associated with burrowing owl habitat. However with the implementation of Mitigation Measure 3.2-5a and Mitigation Measure 3.2-5b (from the certified FEIR) the project impacts would be below a level of significance. Based upon the above analysis of consistency with the MSHCP, and implementation of the listed mitigation measures, the proposed project is consistent with the provisions of the adopted MSHCP. For these reasons the proposed project will not conflict with the provisions of an adopted HCP, NCCP, or other approved local, regional, or state conservation plan. No significant project -specific or cumulative impacts are expected. Further evaluation is not necessary. Addendum to the City of Temecula Santa Margarita Area Annexation 3-7 EIR ESA / 208485.02 January 2010 3. Environmental Impacts and Mitigation Measures Mitigation Measures Mitigation measures contained in the certified 2008 Santa Margarita Area Annexation FEIR remain applicable to the proposed amended annexation request. No new mitigation is required. Level of Significance after Mitigation No significant impacts are anticipated due to the adequacy of the mitigation measures identified in the certified 2008 Santa Margarita Area Annexation FEIR. Implementation of these mitigation measures would adequately ensure that project -specific and cumulative impacts of the proposed amended annexation request would be reduced to less than significant levels. 3.1.3 Cultural Resources Existing Conditions The existing cultural resources setting and environment remain unchanged from those discussions contained in the 2008 certified FEIR. Cultural resource impacts resulting from implementation of the originally proposed SMAA were discussed in detail within Section 3.3 of the 2008 certified FEIR. Environmental Impacts -Amended Annexation Request Impacts to cultural resources caused by the amended project were identified and recommended mitigation measures as identified in the certified FEIR were developed to avoid or minimize identified impacts to cultural resources. Please refer to the certified FEIR for a summary of cultural resource impacts and mitigation measures. Any future development within the project area could result in the adverse impact to cultural resources. Implementation of Mitigation Measures as detailed in the certified FEIR (Section 3.3) would minimize this impact to a less than significant level. Mitigation Measures Mitigation measures contained in the certified 2008 Santa Margarita Area Annexation FEIR remain applicable to the proposed amended annexation request. No additional mitigation is required. Level of Significance after Mitigation No significant impacts are anticipated due to the adequacy of the mitigation treasures identified in the certified 2008 Santa Margarita Area Annexation FEIR. Implementation of these mitigation measures would adequately ensure that project -specific and cumulative impacts of the proposed amended annexation request would be reduced to less than significant levels. Addendum to the City of Temecula Santa Margarita flea Annexation 3-8 ESA / 208485.02 EIR January 2010 3. Environmental Impacts and Mitigation Measures 3.1.4 Land Use and Planning Existing Conditions The existing land use and planning setting and enviromnent remain unchanged from those discussions contained in the 2008 certified FEIR. Land Use and Planning impacts resulting from implementation of the originally proposed SMAA were discussed in detail within Section 3.4 of the 2008 certified FEIR. Environmental Impacts -Amended Annexation Request The amended SMAA is relatively consistent with the land use designations and policies of the Riverside County General Plan and the Southwest Area Plan. Although the amended project proposes to change the existing County land use designations of the project site from OS -HC and RM to OS and HR land use designations, the allowable uses are comparable with one another and both sets of uses can currently be found in the area around the project site within Riverside County, the City, and San Diego County. All of the surrounding properties to the north and west in unincorporated Riverside County have a General Plan designation of RM. To the east of the project site, the County of Riverside designations are primarily OS -C and RM, with a small amount of "Light Industrial" and "Medium High Density Residential" along the east side of I-15. To the east of the project site, the City of Temecula General Plan land use designations are primarily HR and OS, with a small amount of "High Density Residential" and "Neighborhood Commercial" located east of I-15. South of the project site, in San Diego County the general plan land use designations are primarily "Multiple Rural Use" with some "Public/Semi-Public Lands" and "Impact Sensitive" designated property. The consistency of the proposed project with the policies of the Riverside County General Plan and with the policies of the City of Temecula General Plan are described in Table 3.4-3, City of Temecula General Plan: Land Use Policies and Table 3.4-4, Riverside County General Plan, Land Use Policies and Southwest Area Plan Policies. The amended SMAA can be viewed as being consistent with most of the relevant policies of both the City's General Plan and the County's General Plan. As part of the amended project, the project area will be pre -zoned, with zoning designations consistent with the City's chosen General Plan land use designations of OS and HR. This means that areas designated OS will be pre -zoned OS -C -SM and areas designed HR will be pre -zoned HR -SM by the City. Relevant provisions of the proposed HR -SM pre -zoning require any hillside development plan to be designed to protect sensitive wildlife habitat areas, biological corridors, native plants, and plant communities. The HR -SM zone supports interconnected, contiguous, and integrated open space systems within an area, particularly when located contiguous to open space preserves as well as containing grading limitations, ridgeline protections and standards to reduce green house gas emissions. The purpose and intent of the development standards under the proposed HR -SM zone are to protect the value of the community and the subject property of ridgelines, prominent landforms, rock outcroppings, open space areas, hydrologic features, wildlife communities, unique and sensitive habitat and vegetation communities, and other natural, Addendum to the City of Temecuta Santa Margarita Area Annexation 3-9 ESA/208485.02 EIR January2010 3. Environmental Impacts and Mitigation Measures biological, and scenic resources. In addition, it is the intent of development and design under the proposed HR -SM zone to preserve and enhance the visual and aesthetic quality of hillsides from the surrounding community as well as promote and encourage a variety of high quality, alternative architectural and energy efficient development designs and concepts appropriate for hillside areas by utilizing the highest quality of prescribed standards. Lastly, the proposed HR - SM zone is intended to preserve the public health, safety, and welfare and specifically protect the public and property from hazards such as seismic, geologic, and fire. In the General Plan Analysis, the County's RM land use designation and the City's HR land use designation define the same level of residential use intensity in an area of steep slopes that impose development constraints and limit land use activities to 1 DU/10 AC with ancillary uses. However, the majority of the amended project area is zoned R -R with a small area zoned R -A-20 by Riverside County. Based on Riverside County's Land Use Designations — Zoning Consistency Guidelines, the R -R zoning is considered to be "conditionally consistent" with the county's RM land use designation and "inconsistent" with the county's OS -CH designation. R -A-20 zoning is considered "inconsistent" with the county's OS -CH designation. Therefore, current Riverside County zoning for most of the project area is inconsistent with County's current land use designations. Under the City's proposed HR zoning classification and the county's current R -R and R -A-20 zoning designations, there are a range of allowed use. While the residential uses under both jurisdictions are about the same, the county's additional range of land use activities under R -R and R -A-20 classifications, as set forth in Ordinance No. 348, include numerous permitted or conditionally permitted commercial or business uses. However, the County's range of permitted or conditionally permitted land uses in the R -R and R -A-20 zoning classifications include uses that are not described in the range of uses defined in the Riverside County General Plan's description for the RM land use designation, which is set forth above. Additionally, both of these county zoning classifications contain uses which are not consistent with the land use limitations imposed by the County's General Plan within the OS -HC designation. By comparison, the City's proposed OS -C -SM zoning is comparable and consistent with the County's OS -HC land use designation with the intent of conserving open space in a natural state for the bettennent and enjoyment of the community through preservation with opportunities for limited recreational use. The City's choice of HR -SM zoning permits single-family residential use which is consistent with the single-family residential use permitted in the county's RM land use designation. Although, the City's list of permitted uses may preclude a number of uses permitted or conditionally permitted under the County zoning, the City's proposed zoning will permit the use of the subject property in a manner consistent with the current and proposed land use designations (some incompatible uses the County's R -R zone currently allows include, Laundries, machine shops, oil refineries, and radio broadcast studies). Those uses lost, such as surface mining, are uses that are likely to conflict with the existing and planned "rural residential" and "habitat conservation" uses identified for these properties. The City's HR designation does allow a number of uses other than residential (i.e. churches, educational facilities, libraries, day care centers, bed and breakfast establishments). Addendum to the City of Temecula Santa Margarita Area Annexation 3-10 ESA / 208485.02 EIR January2010 3. Environmental Impacts and Mitigation Measures Although there are inconsistencies between the County's general plan designations and zoning, the City's proposed general plan designations and pre -zoning are generally consistent with the County's general plan, and thus would not constitute a significant change in land use. Further, the amended project site's existing land uses consist of natural open space over the vast majority of the area, most of which is in the SMER, and six single-family homes with some agricultural and equestrian activities. The City's proposed general plan designations and pre -zoning would generally preserve the existing land uses, and the introduction of low density residential development that might occur pursuant to the proposed land use regime would not constitute a significant change from the existing conditions. Finally, although mining may be a conditionally permitted use in parts of the proposed annexation area under the County regulations, mining would represent a significant change in land use from the open space and rural residential land uses that presently exist and that constitute the baseline condition. A change in land use from existing uses to mining would be inconsistent with policies designed to protect the environment and the character of rural mountainous areas, including the SMER and County policies, including but not limited to: • OS 20.1 Preserve and maintain open space that protects County environmental resources and maximizes public health and safety in areas where significant environmental hazards and resources exist. • OS 20.2 Prevent unnecessary extension of public facilities, services, and utilities, for urban uses, into Open Space -Conservation designated areas. And the following policies which apply to properties designated with the Rural Mountainous land use designation on the area plan land use maps. • LU 17.1 Require that grading be designed to blend with undeveloped natural contours of the site and avoid an unvaried, unnatural, or manufactured appearance. • LU 17.3 Ensure that development does not adversely impact the open space and rural character of the surrounding area. The proposed City land use regulations would not allow mining, therefore eliminating any potential land use impacts that would result from mining. Although disallowing mining would result in a significant impact to mineral resources, as discussed in Section 3.5 of the certified EIR, it would not result in a significant land use impact. For the above described reasons, the project will have less than significant impacts related to land use and zoning without any further need for mitigation, regulatory compliance, or design considerations. Changing the existing Riverside County Land Use designations of OS -CH and RM to City land use designations of OS -CH and HR are considered compatible changes with minimal overall differences and would have few impacts relevant to the general plan and zoning consistency requirements. Therefore the land use and planning issues related to the SMAA have been determined to be less than significant and no mitigation is necessary. Addendum to the City of Temecula Santa Margarita Area Annexation 3-11 EIR ESA/ 208485.02 January 2010 3. Environmental Impacts and Mitigation Measures No significant project -specific or cumulative impacts are expected. Further evaluation is not necessary. Mitigation Measures Mitigation was not required for Land Use and Planning impacts as determined by the certified 2008 Santa Margarita Area Annexation FEIR; as such, no additional mitigation is required. Level of Significance after Mitigation No significant impacts are anticipated. Mitigation was not required for Land Use and Planning impacts as determined by the certified 2008 Santa Margarita Area Annexation FEIR. Project - specific and cumulative Land Use and Planning impacts of the proposed amended annexation request would be less than those identified in the certified 2008 Santa Margarita Area Annexation FEIR. Therefore, Land Use and Planning impacts, as a result of the proposed amended annexation request, would be to less than significant. 3.1.5 Mineral Resources Existing Conditions I'he existing mineral resources setting and environment remain unchanged from those discussions contained in the 2008 certified FEIR. Mineral resource impacts resulting from implementation of the originally proposed SMAA were discussed in detail within Section 3.5 of the 2008 certified FEIR. Environmental Impacts -Amended Annexation Request The amended project area is located within an area that until recently was classified as an MRZ-3 area, indicating that the significance of mineral deposits are undetermined from available data. The portion of the proposed project site as outlined in the certified FEIR that contained the 155 acre Liberty Quarry site (which is now classified MRZ-2a) has been removed as part of the amended annexation request. The remaining area, which is the amended annexation request portion, is still classified MRZ-3. Therefore, it is undetermined whether the amended annexation request area would result in zoning and general plan land use designations that would prohibit mining of a known aggregate resource located within the amended project area that could result in the loss of known mineral resources within the project area that would be of value to the region. Although the amended annexation request area would be clearly less impactful as compared to the project outlined in the certified FEIR, there would still be a restriction from the potential of exploiting aggregate resources because this area is still classified as MRZ-3. Therefore, the adopted statement of overriding considerations as part of the FEIR for impacts that remain significant and unavoidable to mineral resources would still apply under the amended annexation request. Addendum to the City of Temecula Santa Margarita Area Annexation 3-12 ESA/208485.02 EIR January 2010 3. Environmental Impacts and Mitigation Measures Mitigation Measures As previously described, the City's General Plan and the County of Riverside's General Plan do not identify any locally important mineral resource recovery sites within the amended SMAA as determined by the certified 2008 Santa Margarita Area Annexation FEIR. The amended annexation request will not result in the loss of availability of locally -important mineral resource recovery sites delineated on a General Plan, specific plan or other land use plan. Therefore, mitigation was not required for the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan. As previously stated, the portion of the proposed project site as outlined in the certified FEIR that contained the 155 acre Liberty Quany site (which is now classified MRZ-2a) has been removed as part of the amended annexation request. The remaining amended annexation request area is still classified MRZ-3; therefore, it is undetermined whether the amended annexation request area would result in zoning and general plan land use designations that would prohibit mining of a known aggregate resource located within the amended project area that could result in the loss of known mineral resources within the project area that would be of value to the region. Although the amended annexation request area would be clearly less impactful as compared to the project outlined in the certified FEIR, there would still be a restriction from the potential of exploiting aggregate resources because this area is still classified as MRZ-3. Therefore, the adopted statement of overriding considerations as part of the FEIR for impacts that remain significant and unavoidable to mineral resources would still apply under the amended annexation request. Level of Significance after Mitigation No significant impacts are anticipated. Mitigation was not required for Mineral Resource impacts as determined by the certified 2008 Santa Margarita Area Annexation FEIR. Project -specific and cumulative Mineral Resource impacts of the proposed amended annexation request would be less than those identified in the certified 2008 Santa Margarita Area Annexation FEIR. However, as previously described although the amended annexation request area would be clearly less impactful as compared to the project outlined in the certified FEIR, there would still be a restriction from the potential of exploiting aggregate resources because this area is still classified as MRZ-3. Therefore, the adopted statement of overriding considerations as part of the FEIR for impacts that remain significant and unavoidable to mineral resources would still apply under the amended annexation request. 3.1.6 Public Services and Utilities Existing Conditions The existing public services and utilities setting and environment remain unchanged from those discussions contained in the 2008 certified FEIR Public services and utilities impacts resulting from implementation of the originally proposed SMAA were discussed in detail within Section 3.6 of the 2008 certified FEIR. Addendum to the City of Temecula Santa Margarita Area Annexation 3-13 ESA/208485.02 EIR January 2010 3. Environmental Impacts and Mitigation Measures Environmental Impacts -Amended Annexation Request With the limited potential for additional dwelling units and compliance with city and state building codes and the city's established development review, and building permit procedures, the amended annexation request would not require a substantial change in existing public services and utilities services provided within the project area. Therefore, the amended annexation request not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental services and would not create the 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 perfonnance objectives for fire services. Impacts associated with the amended annexation request would result in a 73% (81 dwelling units reduced to 22 dwelling units = 59 dwelling units less or 73% dwelling units Less) reduction in impacts to public services as compared to the originally proposed annexation request. Impacts to public services and utilities associated with the previous annexation request were determined to be less than significant and the public services and utilities impacts associated with the amended annexation request would therefore be less than significant. The amended project area is almost entirely vacant land with the potential to permit approximately 22 single-family dwelling units. Temecula General Plan Policy GM/PFE 3.1 requires that development does not exceed the ability to adequately provide supporting police services and to ensure an adequate response time for emergencies and to strive to provide one full-time officer per 1,000 residents for police (sheriff) protection services. If the project area was built to its maximum capacity, the result would be an estimated additional 72 persons living within the project area. With the limited increase in population growth and the current staffing levels, impacts to the police protection services would be less than significant. Therefore, the amended project will not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities and will not create the 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 police protection services. A portion of the amended project site currently within the City's sphere of influence is located within the boundaries of the Temecula Valley Unified School District. The balance of the project site is located within the Murrieta Valley Unified School District's boundaries. There is the potential for development of additional residential dwellings (22 dwellings). Due to the limited number of residences that will be constructed within the project area, the proposed project will contribute a limited number of additional students to the district. However, residential development is required to pay a school impact fee which is designated to offset the cost of constructing new schools. Therefore, potential impacts to schools are considered to be less than significant. The proposed amended project would not result in substantial adverse physical impacts associated with the provision of new or physically altered school facilities, or the need for new or physically altered school facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for school services. Addendum to the City of Temecula Santa Margarita Area Annexation 3-14 EIR ESA / 208485.02 January 2010 3. Environmental Impacts and Mitigation Measures The basic park acreage standard for the City is 5.0 acres of usable City -owned parkland per 1,000 residents. Since the project area could be developed with approximately 22 single-family homes there would be a minor impact on park facilities. Based on the highest estimated population calculation, there could be 72 additional people living within the project area. With the payment of the required fees, development within the project area would provide the necessary funding for use in expanding the existing parks system. The payment of these mandatory regulatory fees would offset the proposed project's impacts to park facilities and therefore the project would have less than significant impacts to parks services. The project site is served by existing libraries within the Riverside County Library System, which operates two libraries within the City. The project area with the possibility for development of approximately 22 additional single-family dwellings and a projected population of 72 people would create an incremental demand for library services. Due to the small increase in potential demand for library services, the project will have a less than significant impact upon library facilities. Future development in the amended project area would have to rely on water from private wells and will not impact the existing entitlements of RCWD. As discussed above, homes served by wells will need to put in a tank system that meets the City's fire -flow requirements. Therefore, this project site is considered to have no impacts to available water supplies. The amended project site is within the service area of EMWD however, the remoteness and the topographical constraints limit the serviceability of the area to current public wastewater facilities. Therefore, development in the area will have to rely on septic systems for wastewater discharge. Since no new service will be added to EMWD existing facilities there will be no need for construction of new or expansion of existing wastewater treatment facilities. Therefore, the amended project is considered to have no impact to available wastewater treatment capacity. Although the amended project area is under the jurisdiction of EMWD, wastewater treatment service is not provided into the project area. Existing properties rely on septic systems for wastewater as will future development in the project area. Since no new service will be added from expected development in the annexation area, the proposed project will not affect the capacity of EMWD's existing facilities. Therefore, no impacts are anticipated that would affect the wastewater treatment provider's current capacity or existing service commitments. Given the limited contribution of construction -related solid waste anticipated to be generated by the amended annexation request project when construction occurs, development of the project site would not substantially contribute to the exceedance of the permitted capacity of the designated landfills. Less than significant impacts to the existing landfills are expected. Given the limited contribution of solid waste anticipated to be generated from the project area, future development in the project area will not substantially contribute to the exceedance of the permitted capacity of the designated landfills. The amended project area is primarily undeveloped and all stone waters within the area drain to the Santa Margarita River. This area is managed by Riverside County Flood Control and Water Conservation District; however, they have no existing facilities in the amended project area. It is Addendum to the City at Temecula Santa Margarita Area Annexation 3-15 ESA / 208485.02 EIR January 2010 3. Environmental Impacts and Mitigation Measures not likely that extensive drainage systems will be installed or necessary in the area due to the topography and the limited development intensity of the land use designations. Storm water/surface water in the area is currently discharged into the existing watershed area. As future development occurs construction plans would be assessed for anticipated storm water run-off and appropriate containment methods will be implemented to limit off-site impacts or the need for off-site drainage facilities. Storm water drainage on-site would not require the expansion of County Flood Control, nor require new facilities, and potential impacts to storm water drainage facilities are considered to be less than significant. Future development in the amended project area will use existing electricity service provided by Southern California Edison. Some extension of service may be necessary into undeveloped areas and will require assessment at the time of development review. Based on the current availability of electrical service in portions of the project area, extensive infrastructure is not necessary and the project would not significantly affect electrical services. The amended project area is not currently served by Southern California Gas Company natural gas service. Therefore development in the project area would be required to install propane systems to meet their service needs, without adversely affecting the existing natural gas system. Therefore, future development in the project area would not affect the current service provider or natural gas services. Future development in the amended project area would use existing service provided by Verizon. Some extension of service may be necessary into primarily undeveloped areas and will require assessment at the time of development review. Based on the current availability of communication service in portions of the project area, extensive infrastructure is not necessary and the project will not create a significant impact in communications services. No significant project -specific or cumulative impacts are expected. Further evaluation is not necessary. Mitigation Measures Mitigation measures contained in the certified 2008 Santa Margarita Area Annexation FEIR remain applicable to the proposed amended annexation request. No additional mitigation is required. Level of Significance after Mitigation No significant impacts are anticipated due to the adequacy of the mitigation measures identified in the certified 2008 Santa Margarita Area Annexation FEIR. Implementation of these mitigation measures would adequately ensure that project -specific and cumulative impacts of the proposed amended annexation request would be reduced to less than significant levels. Addendum to the City of Temecula Santa Margarita Area Annexation 3-16 ESA/208485.02 EIR January 2010 3. Environmental Impacts and Mitigation Measures 3.1.7 Transportation and Traffic Existing Conditions The existing transportation and traffic setting and environment remain unchanged from those discussions contained in the 2008 certified FEIR. Transportation and traffic impacts resulting from implementation of the originally proposed SMAA were discussed in detail within Section 3.7 of the 2008 certified FEIR. Environmental Impacts -Amended Annexation Request The traffic analysis under the certified FEIR noted that intersections and roadway segments within the study area would operate at a deficient LOS including locations within the city of Temecula, Riverside County, and San Diego County. Impacts to these intersections and roadways segments would be reduced by approximately 73% (81 dwelling units reduced to 22 dwelling units = 59 dwelling units less or 73% dwelling units less) under the amended annexation request, as the revised project could develop up to 22 new dwelling units as compared to 81 under the certified FEIR. Within the study area, impacts were noted at the following intersections or roadway segments: • I-15 Southbound Ramps/Rainbow Valley West Blvd intersection • I-15 (Riverside County) from County boundary to Temecula Pkwy N roadway segment • Rainbow Canyon Road roadway segment The traffic analysis of the certified FEIR concluded that there were feasible mitigation measures to mitigate the impact at the intersection of I-15 Southbound Ramps/Rainbow Valley West Blvd. This mitigation measure would require the installation of an all -way stop at this location. However, as this intersection is outside of the jurisdiction of the city of Temecula, the city of Temecula can not guarantee that this mitigation would be implemented in a timely fashion and the impact would remain significant and unavoidable. However, there are no feasible mitigation measures for any project impacts related to I-15 for those segments within Riverside County. Even if there were feasible mitigation measures, implementing any mitigation measures by the city of Temecula would require the concurrence of outside agencies such as Riverside County and Caltrans. Since there are no feasible mitigation measures and improvements to the freeway are outside of the jurisdiction of the city of Temecula, the impacts to I-15 within Riverside County remain significant and unavoidable. The traffic analysis in the certified FEIR also concluded that there is a feasible improvement that would mitigate the project impact along Rainbow Canyon Road. This improvement would entail the widening of the roadway, which is anticipated by the Riverside County General Plan. However, our review of available documentation indicates that this project is not included in the regional traffic fee project (TUMF) and no funding has been allocated for this project at this time. Additionally, this improvement is outside of the city of Temecula and the City would be unable to assure its completion. Therefore, the impact would remain significant and unavoidable. Addendum to the City of Temecula Santa Margarita Area Annexation 3-17 EIR ESA / 208485.02 January2010 3. Environmental Impacts and Mitigation Measures Mitigation Measures Mitigation measures contained in the certified 2008 Santa Margarita Area Annexation FEIR remain applicable to the proposed amended annexation request. No additional feasible mitigation is available. Level of Significance after Mitigation A statement of overriding considerations was adopted as part of the FEIR for impacts that remain significant and unavoidable. No other significant impacts are anticipated due to the adequacy of the mitigation measures identified in the certified 2008 Santa Margarita Area Annexation FEIR, and the considerable reduced Level of impacts associated with the reduced size of the proposed annexation area. Implementation of these mitigation measures would lessen project -specific and cumulative impacts of the proposed amended annexation request. 3.1.8 Noise Existing Conditions The existing noise setting and environment remain unchanged from those discussions contained in the 2008 certified FEIR. Noise impacts resulting from implementation of the originally proposed SMAA were discussed in detail within Section 3.8 of the 2008 certified FEIR. Environmental Impacts -Amended Annexation Request As previously described, the Applicant is now proposing to submit a revised annexation application to the Riverside County LAFCO to exclude 487 acres of the 4,997 acres previously proposed in the certified Santa Margarita Area Annexation FEIR. The 487 acres not part of this amended project would include the area proposed for the Liberty Quarry Mine site and a few adjacent parcels from the previously certified FEIR project. In essence, the amended annexation request would reduce the component of potential development from 713 acres with a maximum of 81 new dwelling units and 263 estimated new residents, as proposed under the previous LAFCO application and evaluated by the certified FEIR, to 225 acres with a maximum of 22 new dwelling units and 72 estimated new residents. The amended annexation request would essentially result in a 73% (81 dwelling units reduced to 22 dwelling units = 59 dwelling units less or 73% dwelling units less) reduction in impacts, as compared to the previous annexation request, evaluated by the certified FEIR. As such, implementation of the amended annexation request would result in the following noise impacts as summarized in the tables on the following pages. Addendum to the City of Temecula Santa Margarita Area Annexation 3-18 ESA / 208485.02 EIR January 2010 3. Environmental Impacts and Mitigation Measures EXISTING PM PEAK -HOUR NOISE LEVELS ALONG SELECTED ROADWAYS Modeled Roadway Segment Weekday Noise Levels (Leq)a Incremental Significant Existing Existing + Project Increaseb (Yes/No)e La Paz St north of Temecula Pkwy La Paz St south of Temecula Pkwy Temecula Pkwy east of La Paz St Temecula Pkwy west of La Paz St Pechanga Pkwy south of Temecula Pkwy Temecula Pkwy east of Pechanga Pkwy Temecula Pkwy west of Pechanga Pkwy Rainbow Canyon Rd south of Pechanga Pkwy Pechanga Pkwy east of Rainbow Canyon Rd Pechanga Pkwy south of Rainbow Canyon Rd 60 60 0 No 50 68 67 66 66 68 60 65 65 51 1 68 0 67 0 66 0 66 0 68 0 60 0 65 0 65 0 a Noise levels are estimated at a distance of 50 feet from roadway centerline. Data based an weekday peak hour Leq is approximately equal to the Ldn under normal traffic conditions (Caltrans, 1998), model was run using a 73% decrease of traffic on each segment. b The numbers from existing were subtracted from existing plus project to show the incremental increase. o Considered significant if the incremental increase in noise is greater than 5 dBA Leq in a noise environment of 60 dBA Ldn or less, an increase of 3 dBA Leq in a noise environment greater than 60 dBA and 65 dBA Ldn, or an increase of 1.5 d8A Leq in a noise environment greater than 65 dBA Ldn. SOURCE: Fher and Peers, 2008; ESA, 2010. No No No No No No No No No Addendum to the City of Temecula Santa Margarita Area Annexation 3-19 ESA/208485.02 EIR January 2010 3. Environmental Impacts and Mitigation Measures FUTURE PM PEAK -HOUR NOISE LEVELS ALONG SELECTED ROADWAYS Weekday Noise Levels (Leq)a Existing + Modeled Roadway Existing + Ambient Growth + Incremental Significant Segment Ambient Growth Project Increase b (Yes/No)` La Paz St north of Temecula Pkwy La Paz St south of Temecula Pkwy Temecula Pkwy east of La Paz St Temecula Pkwy west of La Paz St Pechanga Pkwy south of Temecula Pkwy Temecula Pkwy east of Pechanga Pkwy Temecula Pkwy west of Pechanga Pkwy Rainbow Canyon Rd south of Pechanga Pkwy Pechanga Pkwy east of Rainbow Canyon Rd Pechanga Pkwy south of Rainbow Canyon Rd 60 50 68 67 66 66 68 60 66 66 a b c 60 0 50 0 68 0 67 0 66 0 66 0 68 0 60 0 66 0 66 0 No No No No No No No No No No Noise levels are estimated at a distance of 50 feet from roadway centerline. Data based on weekday peak hour Leq is approximately equal to the Ldn under normal traffic conditions (Caltrans, 1998), model was run using a 73% decrease of traffic on each segment. The numbers from existing plus ambient growth were subtracted from existing plus ambient growth plus project to show the incremental increase. Considered significant if the incremental increase in noise is greater than 5 d8A Leq in a noise environment of 60 dBA Ldn or less, an increase of 3 dBA Leq in a noise environment greater than 60 dBA and 65 dBA Ldn, or an increase of 1.5 dBA Leq in a noise environment greater than 65 d8A Ldn. SOURCE: Fehr and Peers, 2008; ESA, 2010. Addendum to the City of Temecula Santa Margarita Area Annexation 3-20 ESA / 208485.02 EIR January 2010 3. Environmental Impacts and Mitigation Measures CUMULATIVE FUTURE PM PEAK -HOUR NOISE LEVELS ALONG SELECTED ROADWAYS Weekday Noise Levels (Leq)a Modeled Roadway Existing + Ambient Growth Existing + Ambient Growth + Incremental Significant Segment + Cumulative Projects Cumulative Projects + Project Increase b (Yes/No)` La Paz St north of Temecula Pkwy La Paz St south of Temecula Pkwy Temecula Pkwy east of La Paz St Temecula Pkwy west of La Paz St Pechanga Pkwy south of Temecula Pkwy Temecula Pkwy east of Pechanga Pkwy Temecula Pkwy west of Pechanga Pkwy Rainbow Canyon Rd south of Pechanga Pkwy Pechanga Pkwy east of Rainbow Canyon Rd Pechanga Pkwy south of Rainbow Canyon Rd 62 62 0 No 50 50 0 No 70 70 0 No 70 70 0 No 69 69 0 No 69 69 0 No 71 71 0 No 63 63 0 No 68 68 0 No 69 69 0 No a b c Noise levels are estimated at a distance of 50 feet from roadway centerline. Data based on weekday peak hour Leq is approximately equal to the Ldn under normal traffic conditions (Caltrans, 1998), model was run using a 73% decrease of traffic on each segment. The numbers from existing plus ambient growth plus cumulative projects were subtracted from existing plus ambient growth plus cumulative projects plus project to show the incremental increase. Considered significant if the incremental increase in noise is greater than 5 dBA Leq in a noise environment of 60 dBA Ldn or less, an increase of 3 dBA Leq in a noise environment greater than 60 d8A and 65 dBA Ldn, or an increase of 1.5 dBA Leq in a noise environment greater than 65 dBA talo. SOURCE: Fehr and Peers, 2008; ESA, 2010. No significant project -specific impacts are expected. Mitigation Measures Mitigation measures contained in the certified 2008 Santa Margarita Area Annexation FEIR remain applicable to the proposed amended annexation request. No additional mitigation is required. Level of Significance after Mitigation A statement of overriding considerations was adopted as part of the FEIR for impacts that remain significant and unavoidable. No other significant project -specific impacts are anticipated due to the adequacy of the mitigation measures identified in the certified 2008 Santa Margarita Area Addendum to the City of Temecula Santa Margarita Area Annexation 3-21 EIR ESA / 208485.02 January 2010 3. Environmental Impacts and Mitigation Measures Annexation FEIR. Implementation of these mitigation measures would adequately ensure that project -specific and impacts of the proposed amended annexation request would be reduced to less than significant levels. The amended annexation request would reduce the component of potential development from 713 acres with a maximum of 81 new dwelling units and 263 estimated new residents, as proposed under the previous LAFCO application and evaluated by the certified FEIR, to 225 acres with a maximum of 22 new dwelling units and 72 estimated new residents. The amended annexation request would essentially result in a 73% (81 dwelling units reduced to 22 dwelling units = 59 dwelling units less or 73% dwelling units less) reduction in impacts, as compared to the previous annexation request, evaluated by the certified FEIR. A 73% reduction in the amount of dwelling units would result in a reduced amount of noise from a reduced amount of vehicle trips and reduced amount of temporary noise impacts from construction. 3.1.9 Recreation Existing Conditions The existing recreation setting and environment remain unchanged from those discussions contained in the 2008 certified FEIR. Recreation impacts resulting from implementation of the originally proposed SMAA were discussed in detail within Section 3.9 of the 2008 certified FEIR. Environmental Impacts -Amended Annexation Request Based on the City's standard single-family occupancy rate of 3.24 persons per home the project area could become home to approximately 72 additional residents. Through the payment of in - lieu fees, dedication of parks, and the joint use of school facilities, the City anticipates having sufficient parkland to meet the needs of the City residents through year 2013; as such, the increase in projected residents as part of the amended annexation request, should optimal development occur, would be considered negligible. Therefore, the amended project would not result in an increase in 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. Through the payment of in -lieu fees, dedication of parks, and the joint use of school facilities, the City anticipates having sufficient parkland to meet the needs of the City residents through year 2013. Therefore, the 73% reduction in potential new dwelling units under the amended project would not include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. Project impacts on the environment will be less than significant. No significant project -specific or cumulative impacts are expected. Further evaluation is not necessary. Addendum to the City of Temecula Santa Margarita Area Annexation 3-22 ESA / 208485.02 FIR January 2010 3. Environmental Impacts and Mitigation Measures Mitigation Measures Mitigation was not required for Recreation impacts as determined by the certified 2008 Santa Margarita Area Annexation FEIR; as such, no additional mitigation is required. Level of Significance after Mitigation No significant impacts are anticipated. Mitigation was not required for Recreation impacts as determined by the certified 2008 Santa Margarita Area Annexation FEIR. Project -specific and cumulative Recreation impacts of the proposed amended annexation request would be less than those identified in the certified 2008 Santa Margarita Area Annexation FEIR. Therefore, Recreation impacts, as a result of the proposed amended annexation request, would be to less than significant. Addendum to the City of Temecula Santa Margarita Area Annexation 3-23 ESA (208485.02 EIR January 2010 CHAPTER 4 Findings In accordance with Section 15090 of the CEQA Guidelines, the following findings are made: 1. The Addendum is the appropriate environmental clearance document to evaluate the Addendum to the Santa Margarita Area Annexation because the minor changes proposed will not result in any new significant adverse environmental impacts which were not already reviewed, analyzed, and/or mitigated in the Santa Margarita Area Annexation FEIR (SCH No. 2007041085), City of Temecula, September 22, 2008 (certified December 9, 2008). 2. It is the independent judgment of the Lead Agency that the Addendum includes updated data and evaluations associated with the proposed project and that the findings and conclusions from the Addendum will be considered by the Lead Agency prior to acting on the project. 3. The Lead Agency finds that the proposed project is not a new project, and does not change the nature and scope of the project evaluated in the Santa Margarita Area Annexation FEIR (SCH No. 2007041085), City of Temecula, September 22, 2008 (certified December 9, 2008). There have been no substantial changes in the project requiring major revisions to the previous documents, because any impacts of the prior project are reduced under the amended project now under consideration. 4. The Lead Agency finds that the Addendum has been prepared, submitted and reviewed in accordance with requirements presented in Section 15164 of the CEQA Guidelines, and is complete and adequate in its evaluation of all environmental effects of the amended annexation request. The amended annexation request will not result in any additional significant, more severe, and/or unavoidable impacts that were not evaluated in the Santa Margarita Area Annexation FEIR (SCH No. 2007041085), City of Temecula, September 22, 2008 (certified December 9, 2008). Addendum to the City of Temecula Santa Margarita Area Annexation 4-1 EIR ESA/208485.02 January 2010 CHAPTER 5 Documents, Organizations, and Persons Consulted, and Acronyms and Abbreviations 5.1 Documents Consulted The following documents were referred to as general information sources during preparation of this document. They are available for public review at the locations noted. Some of these documents are also available at public libraries and at other public agency offices. Albert A. Webb Associates. 2008. Santa Margarita Area Annexation, Planning Application PA07-02225, Planning Application PA07-0226, Environmental Impact Report EA -128 (SCH No. 2007041085). Prepared for the City of Temecula. Bean, L.J., and F.C. Shipek. 1978. "Luiseno in California" in the Handbook of North American Indians, Vol. 8. W. C. Sturtevant, general editor. Smithsonian Institution: Washington, D.C. California Air Resources Board, AB 32 Fact Sheet and Timeline — California Global Warming Solutions Act of 2006, September 25, 2006. (Available on the Internet on February 7, 2008 at http://www.arb.ca.gov/cc/facts/facts.htm) California Chapter of the Association of Environmental Professionals, Alternative Approaches to Analyze Greenhouse Gas Emissions and Global Climate Change in CEQA Documents, Final, June 29, 2007. (Available at on the Internet on February 7, 2008 at www.califaep.org) California Climate Action Registry, General Reporting Protocol, Version 2.2 March 2007. (Available on the Internet on February 7, 2008 at http://www.climateregistry.org/ Defau lt. aspx?TabID=3 347&refreshed=true) %20) California Department of Conservation, Aggregate Availability In California, Map Sheet 52 (updated 2006), 2006. (Available for review at the City of Temecula Planning Department and on the Internet on February 8, 2008 at http://www.consrv.cagov/CGS/ information/publications/ms/MS 52 map.pdf.) California Department of Conservation, California Surface Mining and Reclamation Policies and Procedures, Guidelines for Classification and Designation ofMineral Lands, 2000. (Available for review on the Internet on February 8, 2008 at http://www.consrv.ca.gov/SMGB/Guidelines/ClassDesig.pdf) Addendum 0 the City of Temecula Santa Margarita Area Annexation 5-1 EIR ESA / 20848502 January 2010 6. Documents, Organizations, and Persons Consulted, and Acronyms and Abbreviations California Department of Conservation, Mineral Land Classification of the Granite Construction Company Liberty Quarry Site, Temecula, Riverside County, California -For Portland Cement Concrete -Grade Aggregate. Special Report 200, 2007. (Available for review at the City of Temecula Planning Department.) California Department of Conservation, Mineral Land Classification of The Temescal Valley Area, Riverside County, Special Report 165, 199F. (Available for review at the City of Temecula Planning Department.) California Department of Conservation, Update of Mineral Land Classification: Aggregate Materials in the Western San Diego County Production -Consumption Region, 1996. (Available for review at the City of Temecula Planning Department.) California Department of Fish and Game (CDFG), 2008. California Natural Diversity Database (CNDDB). Wildlife Habitat Data Analysis Branch, Habitat Conservation Division, CDFG, Sacramento, CA. California Department of Transportation (Caltrans), Technical Noise Supplement, 1998. California Energy Commission, Inventory of California Greenhouse Gas Emissions and Sinks: 1990 to 2004, Publication CEC-600-2006-013-SF, December 2006. (Available on the Internet on February 7, 2008 at http://www.eneroy.ca.gov/2006publications/CEC-600- 2006-013/CEC-600-2006-013-SF.PDF) California Energy Commission, Our Changing Climate, Publication CEC-500-2006-077, July 2006. (Available on the Internet on November 20, 2007 at http://www.energv.ca. gov/2006publications/CEC-500-2006-077/CEC-500-2006-077.PDF) California Energy Commission, Scenarios of Climate Change in California: An Overview, Publication CEC-500-2005-186-SF, Published December 2005. (Available on the Internet on February 7, 2008 at http://www.energy.ca.gov/2005publications/CEC-500-2005- 186/CEC-500-2005-186-SF.PDF) California Executive Department, Executive Order S-3-05 by the Governor of the State of California, June 2005. (Available on the Internet on February 7, 2008 at ht tp://www. dot. ca.gov/hq/energy/Exec%200rder%20 S-.3-05.pdf) California Integrated Waste Management Board, Construction and Demolition Debris Recycling. (Available on the Internet on February 11, 2008 at http://www.ciwmb.ca.gov/ConDemo) California Integrated Waste Management Board, Construction and Demolition Materials. (Available on the Internet on February 11, 2008 at http://www.ciwmb.ca.gov/ConDemo/Materials/default.htm) California Integrated Waste Management Board, Jurisdictional Profile for Riverside County (Unincorporated). (Available on the Internet on February 11, 2008 at http://www.ciwmb.ca, gov/Profiles/Juris/JurProfile Lasp?RG=U&JURID=410&JUR=River side%2DUnincorporated) California Integrated Waste Management Board, Jurisdictional Profile for City of Temecula. (Available on the Internet on February 11, 2008 at http://www.ciwmb.ca. gov/Profiles/Juris/JurProfile2.asp?RG=C&JURI D=529&JUR=Terre cula Addendum to the City of Temecula Santa Margarita Area Annexation 5-2 ESA / 208485.02 EIR January 2010 6. Documents, Organizations, and Persons Consulted, and Acronyms and Abbreviations California Integrated Waste Management Board, Residential Waste Disposal Rates. (Available on the Internet on February 11, 2008 at www.ciwmb.ca.gov/wastechar/ ResDisp.htm) California Native Plant Society. 2008. CNPS Inventory of Rare and Endangered Vascular Plants of California (available online). California Public Utilities Commission, News Release: PUC Sets GHG Emissions Performance Standard to Help Mitigate Climate Change, January 25, 2007. (Available on the Internet on February 7, 2008 at http://docs.cpuc.ca.gov/Published/NEWS RELEASE/63997.htrn) California State Senate, SB 1368, September 29, 2006. (Available on the Internet at http://info.sen.ca.gov/pub/05-06/bill/sen/sb 1351- 1400/sb 1368 bill 20060929 chaptered.pdf on February 7, 2008) Cato Geoscience, Inc., Aggregate Resources in the Temecula and Surrounding Inland Empire Areas — Development Opportunities & Current Conditions, January 25, 2008. (This report is contained in its entirety in Appendix D of this document.) Chartkoff, J.L., and K.K. Chartkoff. 1984. The Archaeology of California. Stanford University Press: Stanford, California. City of Temecula, Final Environmental Impact Report, Temecula General Plan Update, March, 2005, Certified April 12, 2005. (Available the City of Temecula Planning Department, 43200 Business Park Dr., Temecula, CA 92590, 951-694-6444.) City of Temecula, Temecula General Plan, April 2005. (Available at the City of Temecula Planning Department, 43200 Business Park Dr., Temecula, CA 92590, or on the Internet at http://www.cityoftemecula.ort;/Temecula/Govennnent/CommDev/Zonivalsreneralplan.htm on January 10, 2008) City of Temecula, Temecula General Plan Land Use Map, April 12, 2005, Map Prepared February 1, 2007. (Available at the City of Temecula Planning Department, 43200 Business Park Dr., Temecula, CA 92590, or on the Internet on January 10, 2008 at www.citvoftemecula.org/Temecula/Government/CommDev/tonins;/generalplarr.htm) City of Temecula Internet Site. (Available on the Internet on January 10, 2008 at http://www.citvoftemecula.org) City of Temecula, Municipal Code, October 2007. City of Temecula, (Draft) Plan for Provision of Municipal Services, Planning Applications No. P07-0225 and PA07-0226, Annexation of the Santa Margarita Area to the City of Temecula, California, December, 2007. (Available for review at the City of Temecula Planning Department, 43200 Business Park Drive, Temecula, CA 92590.) Claude, Hart T. County of San Diego Department of Planning and Land Use, Electronic Communication in regards to Surface Mines in San Diego County dated August 23, 2007. County of Riverside, Riverside County General Plan, Adopted October 7, 2003. (Available for review at the County of Riverside Planning Department, 4080 Lemon Street, Riverside, CA 92501, or on the Internet on February 1 I, 2008 at http://www.rcthna.org/generalplan/index.html) Addendum to the City of Temecula Santa Margarita Area Annexation 5-3 ESA/208485.02 EIR January 2010 6. Documents, Organizations, and Persons Consulted, and Acronyms and Abbreviations County of Riverside, General Plan: Existing Settings Report Revised in March 2000, Adopted October 7, 2003. (Available for review at the County of Riverside Planning Department, 4080 Lemon Street, Riverside, CA 92501, 951-955-3200, and at the City of Temecula Planning Department.) County of Riverside, Geographic Information System Database. (Available for review at the County of Riverside Planning Department, 4080 Lemon Street, Riverside, CA 92501, 951- 955-3200, or on the Internet on February 8, 2008 at http://www3.tlma.co.riverside.ca.us/pa/rclis/index.html) County of Riverside, Ordinance No. 348 — Regulating Land Use. (Available for review at the County of Riverside Planning Department, 4080 Lemon Street, Riverside, CA 92501, 951-955-3200, or on the Internet on February 8, 2008 at www.tlma.co.riverside.ca.us/planning/content/zoning/ordnance/ord348 article.html) County of Riverside, RCIP General Plan Land Use Designations - Zoning Consistency Guidelines. (Available for review on the Internet on February 15, 2008 at httn://www.rcthna.org/generalplan/zoning.html) County of Riverside, RCIP General Plan Draft Environmental Impact Report, August 14, 2002. (Available for review at the Riverside County Planning Department, 4080 Lemon Street, Riverside, CA 92501, 951-955-3200 or on the Internet on February 11, 2008 at http://www.retlma.ore/generalplan/index.html.) County of Riverside, Riverside County Integrated Project General Plan Final Program Environmental Impact Report (State Clearinghouse No. 2002051143), March 2003. (Available for review at the Riverside County Planning Department, 4080 Lemon Street, Riverside, CA 92501, 951-955-3200 or on the Internet on February 11, 2008 at http://www.rctlma.org/generalplan/index.html.) County of Riverside, Southwest Area Plan, October 7, 2003. (Available for review at the County of Riverside Planning Department, 4080 Lemon Street, Riverside, CA 92501, 951-955- 3200, or on the Internet on February 11, 2008 at htrn://www.rctlma.org/generalplan/aul/swap.html) County of Riverside, Western Riverside County Multiple Species Habitat Conservation Plan, Adopted June 17, 2003. (Available for review at the County of Riverside Planning Department, 4080 Lemon Street, Riverside, CA 92501, or on the Internet on February 11, 2008 at www.rcip.org) County of San Diego Department of Planning and Land Use, San Diego County General Plan, January 2, 1979. (Available on the Internet on February 8, 2008 at http://www.co.san- diego.ca.us/enty/cntvdepts/landuse/planning/gpupdate/pubs/existing.htrn) County of San Diego, San Diego County Code, current though July 25 2008. County of San Diego Fallbrook Planning Area Land Use Map, April 29, 2004. (Available on the Internet February 8, 2008 athttp://www.sdcountv.ca.gov/dplu/index.html to http://www.sangis.org/LibraryService/ DownloadedFiles/l gpepafallbrook.ipg) Cunnif, Patrick, Environmental Noise Pollution, 1977. Addendum to the City of Temecula Santa Margarita Area Annexation 5-4 EIR ESA/208485.02 January 2010 6.Documents,Organizations,and Persons Consulted,and Acronyms and Abbreviations Eastern Information Center California Historical Resources Information System, Cultural Resources Records Search, RS#4006,June 29, 2007. (The results of this records search are considered to be confidential by the Eastern Information Center and are on file at the City of Temecula Planning Department. They are only available for review by qualified archaeologists.) • Fagan,B.M. 1995. Ancient North America: The Archaeology of a Continent.Thames&Hudson: New York , Fagan,B.M. 2003. Before California: An Archaeologist Looks at Our Earliest Inhabitants. AltaMira Press: Walnut Creek, California. Federal Interagency Committee on Noise,Effects of Aviation Noise of Awakenings from Sleep, 1992. Federal Transit Administration,Transit Noise and Vibration Impact Assessment,2006. Fehr and Peers Transportation Consultants,Traffic Impact Study Report, Santa Margarita Area Annexation, City of Temecula, CA, Riverside County, September 2008. (This report is contained in its entirety in Appendix C of this document.) The Gas Company,E-mail correspondence from Bruce R. Waddell for service availability, December 13, 2007. Hickman,J.C. (ed.), 1993. The Jepson Manual of Higher Plants of California. University of California Press, Berkeley and Los Angeles, CA. The History of Temecula. Available for review on the City of Temecula Internet site at www.citvoftemecula.org/temecula/visitors/about/historv. Accessed on February 8,2008. Holland, R.F. 1986.California Department of Fish and Game(CDFG) Preliminary Descriptions of the Terrestrial Natural Communities of California. Intergovernmental Panel on Climate Change, Climate Change 2001: The Scientific Basis, Contribution of Working Group Ito the Third Assessment Report of the Intergovernmental Panel on Climate Change, Cambridge University Press,2001. (Available for review on the Internet on February 7, 2008 at http://www.grida.no/climate/ipcc tar/wgl/index.htm) • Kohler, Susan,2006,Aggregate Availability in California: California Geological Survey, Map Sheet 52 and report. (Available on the Internet on February 8, 2008 at http://www.consrv.ca.gov/cgs/information/publications/ms/Documents/MS 52.pdf) • Legislative Counsel of California,AB 32—California Global Warming Solutions Act of 2006, • September 2006. (Available on the Internet on February 7,2008 at httn://www.leginfo.ca.govinub/05-06/bill/asm/ab_0001- 0050/ab 32 bill 20060927 chaptered.pdf) Leighton and Associates, Inc., 2007, Final Mineral Resource Report,Merriam Mountains Property, San Diego County,California: Prepared for the Merriam Mountains Specific Plan(NNP-Stonegate Merriam, L.L.C), draft report released 2005,Leighton and Associates, Inc., 3934 Murphy Canyon Road, Suite 310, San Diego, CA 92123, 21 p. Addendum to the City of Temecula Santa Margarita Area Annexateu 5-5 ESA/208485.02 EIR January 2010 6.Documents,Organizations,and Persons Consulted,and Acronyms and Abbreviations Marian Koshland Science Museum of the National Academy of Sciences Internet Site. (Available on the Internet on February 7,2008 at www.koshland-science-museum.org) Mayer, Kenneth E., and William F. Laudenslayer. 1988. A Guide to Wildlife Habitats of California. California Department of Forestry and Fire Protection, California. National Aeronautics and Space Administration,NASA Facts: The Balance of Power in the Earth-Sun System,2005. (Available on the Internet on February 7,2008 at http://eospso.gsfc.nasa.gov/ftp docsMASA-Facts-EnergyBalance.pdf) National Oceanic and Atmospheric Administration, Greenhouse Gases-Frequently Asked Questions. (Available on the Internet on February 7,2008 at http://lwf.ncdc.noaa.gov/oa/climate/gases.html) ParkNet. 2008.National Register Information System, Search by Location with links to Web pages. http://www.nr.nps.gov/nrlocl.htm. Search Parameters"CA"state code, "Temecula" city. Accessed on September 3,2008. PCR Services Corporation,Air Quality Impact Analysis, Santa Margarita Area Annexation, August 26,2008. (This report is contained in its entirety in Appendix.B of this document.) Pechanga Band ofLuiseno Indians—History. (Available for review on the Pechanga Tribe Internet site on February 8,2008 at http://www.pechanua-nsn.gov) Revey, Gordon F.Blasting Impacts Assessment for Proposed Idaho-Maryland Mine,2003. Riverside Transit Agency,Internet Site.(Available for review on the Internet on February 8, 2008 at www.riversidetransit.com) Riverside County Waste Management Department, E-mail correspondence from Sung Key Ma, Planner IV for landfill capacity,January 14,2008. San Diego State University,Field Station Program,Santa Margarita Ecological Reserve Internet Site. (Available on the Internet on February 8, 2008 at http://fs.sdsu.edu/kf/reserves/smer) San Diego State University Field Station Programs and South Coast Wildlands,A Linkage Design for the Santa Ana-Palomar Mountains Connection,May 2004. (Available on the Internet February 8, 2008 at http://www.scwildlands.org/reports.aspx to http://www.scwildlands.org/reports/SCML SantaAna Palomar.pdf) San Diego State University, Field Stations Program. (Available on the Internet on February 8, 2008 at http://fs.sdsu.edu/kf/reserves/smer/habitat.php) San Diego State University, Masters Thesis—Determining Suitable Wildlife Crossing Locations across a Southern Califoria Interstate, Philip Gibbons, Spring 2008 South Coast Air Quality Management District, CEQA Air Quality Handbook, April 1993,with November 1993 Update. (Available for review at South Coast Air Quality Management District,21865 East Copley Drive,Diamond Bar, CA 91765-4182.) South Coast Air Quality Management District,2007Air.Quality Management Plan, June 2007. (Available for review at South Coast Air Quality Management District,21865 East Copley Addendum to the City of Temecula Santa Margarita Area Anne,aten5-6 _ ESA/2013405.02 EIR January 2010 6.Documents,Organizations,and Persons Consulted,and Acronyms and Abbreviations Drive, Diamond Bar,CA 91765-4182 or on the Internet on February 7,2008 at http://www.aqind.gov/agmp/07aqmp/index.html) South Coast Air Quality Management District, Guidance Document for Addressing Air Quality Issues in General Plans and Local Planning,May 6,2005. (Available on the Internet at http://www.agmd.gov/prdas/agguide/doc/aq_guidance.pdf on February 7, 2008.) South Coast Air Quality Management District,Air Quality Data. (Available for review at South Coast Air Quality Management District, 21965 East Copley Drive,Diamond Bar,CA 91765-4182 or on the Internet on February 7, 2008 at www.agmd.gov/smog/historicaldata.htm) South Coast Wildlands, South Coast Missing Linkages—A Wildland Network for the South Coast Ecoregion,Undated Southern California Association of Governments,2004 RTP Growth Forecasts. (Available for review on the Internet on February 11,2008 at www.scag.ca.gov/forecast/index.htm and available for review at Southern California Association of Governments(SCAG), 818 West Seventh Street 12th Floor,Los Angeles, CA 90017-3435,213-236-1800.) Southern California Association of Governments, The New Economy and Jobs/Housing Balance in Southern California,April 2001. (Available for review on the Internet on February 11, 2008 at www.scag.ca.gov/Housing/balance.html) Southern California Regional Rail Authority,Internet Site. (Available for review on the Internet on February 8,2008 at http://www.metrolinktrains.com) United States Department of Agriculture,Natural Resources Conservation Service,Soil Survey Geographic(SSURGO)database. (Available on the Internet on February 8, 2008 at http://www.ncgc.nrcs.usda.gov/products/datasets/ssurgo) United States Department of Agriculture, On-line Soil Surveys. (Available on the Internet on February 8, 2008 at http://www.soils.usda.gov/survey/online surveys/california/ w riverside/maps/gsm.pdf) • U.S.Department of the Interior,National Park Service. 1995.National Register Bulletin 15: How to Apply the National Register Criteria for Evaluation. Washington,DC:National Park Service. United States Environmental Protection Agency, Climate Change Kids Site. (Available on the Internet at http://www.epa.gov/climatechange/kids/index.html on February 7, 2008.) United States Environmental Protection Agency,Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2005,April 15,2007. (Available on the Internet on February 7,2008 at http://www.epa.gov/climatechange/emissions/usinventoryreport.html) United States Environmental Protection Agency,Municipal and Industrial Solid Waste Division, Characterization of Building-Related Construction and Demolition Debris in the United States,by Franklin Associates,Office of Solid Waste Report No. EPA 530-R-98-010, June 1998. (Available on the Internet on February 11,2008 at www.epa.gov/epaoswer/hazwaste/sqvic&d-rpt.pdf) Addendum to the City of Temecula Santa Margarita Area Annexation 5-7 ESA/208485.02 EIR January 2010 • 6.Documents,Organizations,and Persons Consulted,and Acronyms and Abbreviations • United States Environmental Protection Agency,Noise from Construction Equipment and Operations, Building Equipment, and Home Appliances, 1971. United States Environmental Protection Agency,AP-42, Fifth Edition, Volume I,Chapter 13.3 (Available on the Internet on September 5,2008 at http://www.epa.gov/ttn/chieUap42/ch13/final/c13s03.pdf) United States Environmental Protection Agency,"Six Common Air Pollutants". (Available on February 7,2008 on the Internet at www.epa.eov/air/urbanair/6poll.html) ' United States Fish and Wildlife, Federal Fish and Wildlife Permit No. TE088609-0,June 22, 2004. (Available for review on the Internet on February 8, 2008 at www.fws.gov/carlsbad/WRV MSHCP BO.htm) United States Fish and Wildlife Service, Western Riverside Multiple Species Habitat • Conservation Plan Biological and Conference Opinion (FWS-WRIV-870.19),June 22, • 2004. (Available for review on the Internet on February 8, 2008 at www.fws.gov/carlsbad/WRV MSHCP BO.htm) Warren C.N. 2004. "The Desert Region"in California Archaeology. By M.J. Moratto. Coyote Press: Salinas,California. Reprinted from 1984,Academic Press, Orlando,Florida. The following reports and studies are contained in the Technical Appendices for the Santa Margarita Area Annexation Environmental Impact Report(SCH 2007041085). (A copy of the Technical Appendices is available for review at the City of Temecula Planning Department, 43200 Business Park Drive,Temecula,CA 92590, 951-694-6400.) Air Quality Impact Analysis, Santa Margarita Area Annexation,Albert A. Webb Associates, January 18,2008. Traffic Impact Study Report, Santa Margarita Area Annexation, City of Temecula, CA,Riverside County,Albert A. Webb Associates, February 1, 2008. Aggregate Resources in the Temecula and Surrounding Inland Empire Areas—Development Opportunities& Current Conditions, Cato Geoscience, Inc.,January 25,2008. • • Addendum to tie City of Temecula Santa Margarita Area Annexation 5-8 ESA 1208485.02 EIR January 2010 6.Documents,Organizations,and Persons Consulted,and Acronyms and Abbreviations 5.2 Organizations and Persons Consulted City of Temecula Planning Department Patrick Richardson, Director • Betsy Lowrey, Assistant Planner Riverside County Planning Department Jerry Jolliffe, Principal Planner County of San Diego Department of Planning and Land Use Claude T. Hart, Sr. Civil Engineer • Fehr and Peers Christopher Gray, Associate PCR Heidi Rous,CPP Associate Principal, Director of Air Quality Services Amy Kidd,Environmental Analyst San Diego State University Field Station Programs Matt Rahn, Ph.D., Director • Addendum to the City of Temecula Santa Margarita Area Annexation 5-9 ESA/208485.02 EIR January 2010 6.Documents,Organizations,and Persons Consulted,and Acronyms and Abbreviations 5.3 Documents Preparation Staff ESA, Planning and Environmental Services Eric Ruby, Project Director Chris Knopp, Project Manager Mitch Marken,Cultural Resource Director Kim Maeyama,Associate Paul Miller, Senior Managing Associate Donald Ambroziak,Associate Jason Nielson,Graphic Artist Gus JaFolla, Word Processor City of Temecula Shawn Nelson, City Manager Bob Johnson,Assistant City Manager Patrick Richardson,Director of Planning and Redevelopment Betsey Lowrey,Assistant Planner Addendum to the City of Temecula Santa Margarita Area Annexation 5-10 ESA/208485.02 EIR January 2010 6.Documents.Organizations,and Persons Consulted,and Acronyms and Abbreviations • 5.4 Acronyms and Abbreviations pg/m' Micrograms per Cubic Meter 1 DU/10 AC One Dwelling Unit per 10 Acres AAQS Ambient Air Quality Standards AB 1327 California Solid Waste Reuse and Recycling Act of 1991 AB 939 California Integrated Waste Management Act of 1989 AB • Assembly Bill AQIA Air Quality Impact Analysis AQMD Air Quality Management District • AQMP Air Quality Management Plan ARB Air Resources Board • BLM Bureau of Land Management C&D Construction and Demolition CAA Clean Air Act CAL Fire California Department of Forestry and Fire Protection • Caltrans California Department of Transportation CARB California Air Resource Board CASSA Critical Area Species Survey Area CAT Climate Action Team CBC California Building Code CCR California Code of Regulations CDFG California Department of Fish and Game CDMG California Department of Mines and Geology CEC California Energy Commission CEQA California Environmental Quality Act CESA California Endangered Species Act • CETAP • Community and Environmental Transportation Plan CFC Chlorofluorocarbons CFL Compact Fluorescent Light CFR Code of Federal Regulations CI{4 Methane City City of Temecula CIWMB California Integrated Waste Management Board CNDDB California Natural Diversity Data Base CNEL Community Noise Equivalent Level Addendum to the City of Temecula Santa Margarita Area Annexation 5-11 ESA/208485.02 EIR January 2010 6.Documents,Organizations,and Persons Consulted,and Acronyms and Abbreviations CNPS California Native Plant Society CO Carbon Monoxide CO2 Carbon Dioxide CO2e Carbon Dioxide Equivalent Corps United States Army Corps of Engineers County County of Riverside CPUC California Public Utilities Commission CSS California Sage Scrub CWA Clean Water Act dB Decibels dBA A-weighted Decibels • DIF Developer Impact Fees DNL Day-night Noise Level DPM Diesel Particulate Matter du Dwelling Unit EIC Eastern Information Center . EIR Environmental Impact Report EMWD Eastern Municipal Water District EPA Environmental Protection Agency EPS Emission Performance Standard ESA Federal Endangered Species Act FHWA-RD-77-108 Federal Highway Administration's Highway Traffic Noise Prediction Model FICON Federal Interagency Committee on Noise FIND Facility Information Database FTA Federal Transit Administration • GHG Greenhouse Gas(es) GLO General Land Offices gpd Gallons per Day GPM Gallons per Minute GWP Global Warming Potential H2O Water H2S Hydrogen Sulfide HANS Habitat Evaluation and Acquisition Strategy HC Habitat Conservation HCP Habitat Conservation Plan Addendum to the City of Temecula Santa Margarita Area Annexation 5-12 ESA/208485.02 EIR . January2010 6.Documents,Organizations,and Persons Consulted,and Acronyms and Abbreviations HFCs Hydrofluorocarbons HR Hillside Residential HRA Health Risk Assessment HR-SM Hillside Residential-Santa Margarita Hz Hertz 1-15 Interstatel5 I-215 Interstate 215 I-405 Interstate 405 (San Diego Freeway) I-710 Interstate 710(Long Beach Freeway) I-8 Interstate 8 • IA Implementing Agreement IECC International Energy Conservation Code IPCC Intergovernmental Plan on Climate Change • km Kilometer kWh Kilowatt hour LAFCO Riverside County Local Agency Formation Commission Leg Equivalent Sound Level Lmaa Instantaneous Maximum Noise Level LOS Level of Service LST Localized Significance Threshold MBTA Migratory Bird Treaty Act MEIR Master Environmental Impact Report mgd Million Gallons per Day MM Modified Mercalli Intensity Scale MRZ Manufacturing Service Commercial • MSHCP Multiple Species Habitat Conservation Plan • msl Mean Sea Level MWh Megawatt hour N20 Nitrous Oxide NAAQS National Ambient Air Quality Standards NAHC Native American Heritage Commission NCCP Natural Community Conservation Plan NEPSSA Narrow Endemic Plant Species Survey Areas NH4NO3 Ammonium Nitrate NHPA National Historic Preservation Act Addendum to the City of Temecula Santa Margarita Area Amexatim 5-13 ESA/208485.02 OR January 2010 6.Documents,Organizations,and Persons Consulted,and Acronyms and Abbreviations NMFS National Marine Fisheries Service NMVOC Non-CI-I4-Volatile Organic Compounds NO Nitric Oxide NO2 Nitrogen Dioxide NOP Notice of Preparation NOx Nitrogen Oxides NPDES National Pollutant Discharge Elimination System 03 Ozone ODS Ozone Depleting Substances • OHP Office of Historic Preservation OPR (Governor's)Office of Planning and Research • OS-C Open Space-Conservation OS-CH Open Space-Conservation Habitat OS-C-SM Open Space-Conservation—Santa Margarita PAC Project Area Committee P-C Production-Consumption PCC Portland cement concrete PFCs Perfluorocarbons PM-10 Particulate Matter(less than 10 microns) PM-2.5 Particulate Matter(less than 2.5 microns) PPM Parts per Million PPV Peak Particle Velocities PRC Public Resource Code PSI Pounds per Square Inch R-A-20 Residential agriculture with a 20 acre minimum lot size RCIP EIR Riverside County Integrated Program General Plan Final Environmental Impact Report RCIP Riverside County Integrated Plan RCPG Regional Comprehensive Plan and Guide RCWD Rancho California Water District RM Rural Mountainous RMS Root mean square ROG Reactive Organic Gas • • R-R Rural Residential RTA Riverside County Transit Authority RTIP Regional Transportation Improvement Plan Addendum to Me City of Temecula Santa Margarita Area Annexation 5-14 ESA/208485.02 EIR January 2010 6.Documents.Organizations,and Persons Consulted,and Acronyms and Abbreviations RTP Regional Transportation Plan RWQCB Regional Water Quality Control Board SAPML Santa Ana-Palomar Mountain Linkage SB Senate Bill SCAB South Coast Air Basin SCAG Southern California Association of Governments SCAQMD South Coast Air Quality Management District SDSU San Diego State University SF6 Sulfur Hexafluoride SHPO State Historic Preservation Officer SIP State Implementation Plan SMAA Santa Margarita Area Annexation SMARA Surface Mining and Reclamation Act of 1975 SMER Santa Margarita Ecological Reserve SMGB State Mining and Geology Board SO2 Sulfur Dioxide SR State Route SRA Source Reception Area SSRE Source Reduction and Recycling Element SUSMP Standard Urban Stormwater Mitigation Plan SVP Society of Vertebrate Paleontology SWANCC Ruling Solid Waste Agency of North Cook County vs. United States Army Corps of Engineers SWAP Riverside County General Plan Southwestern Area Plan SZ Scientific Resources Zone TACs Toxic Air Contaminants Temecula EIR Final Environmental Impact Report for the Temecula General Plan Update Tpd Tons per Day TUMF Transportation Uniform Mitigation Fee U.S. United States URBEMIS Urban Emissions Software USFWS Untied States Fish and Wildlife Service V/C Volume-to-Capacity VdB Vibration Decibels VMT Vehicle Miles Traveled VOC Volatile Organic Compound WDR Waste Discharge Requirement Addendum to the City of Temecula Santa Margarita Area Annexation 5-15 ESA/208485.02 EIR January 2010 EXHIBIT C Statement of Overriding Considerations The following Statement of Overriding Considerations is made in connection with the proposed approval of the Santa Margarita Area Annexation No. 2 (the "Project"). CEQA requires the decision-making agency to balance the economic, legal, social, technological or other benefits of a project against its unavoidable environmental risks when determining whether to approve a project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered acceptable. CEQA requires the agency to provide written findings supporting the specific reasons for considering a project acceptable when significant impacts are unavoidable. Such reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record. The reasons for proceeding with this Project despite the adverse environmental impacts that may result are provided in this Statement of Overriding Considerations. The City Council finds that the economic, social and other benefits of the Project outweigh the significant and unavoidable air quality impacts, mineral resources impacts, noise impacts, and transportation and traffic impacts. In making this finding, the City Council has balanced the benefits of the Project against its unavoidable impacts and has indicated its willingness to accept those adverse impacts. The City Council finds that each one of the following benefits of the Project, independent of the other benefits, would warrant approval of the Project notwithstanding the unavoidable environmental impacts of the Project. A. The City Council finds that all feasible mitigation measures have been imposed to either lessen Project impacts to less than significant or to the extent feasible, and furthermore, that alternatives to the Project are infeasible because they generally have similar or greater impacts, and do not provide the benefits of the Project, or are otherwise socially or economically infeasible as fully described in the Statement of Facts and Findings. B. The Project will provide the City of Temecula with control over the possible uses at the Project site and will ensure that the land is used according to the City of Temecula General Plan designations and zoning requirements thereby ensuring the type of ultimate development. C. The proposed Project will provide the City of Temecula with 4,284 acres designated as "Open Space — Conservation Habitat" for the enjoyment of the City's residents. D. The proposed Project will protect and maintain the research value of the Santa Margarita Ecological Reserve ("SMER") benefitting the City and the State by ensuring the research potential in the SMER. The City Council finds that the foregoing benefits provided through approval of the Project outweigh the identified significant adverse environmental impacts. The City Council further finds that each of the individual Project benefits discussed above outweighs the unavoidable adverse environmental effects identified in the Final EIR and therefore finds those impacts to be acceptable. The City Council further finds that each of the benefits listed above, standing alone, is sufficient justification for the City Council to override these unavoidable environmental impacts. MITIGATION MONITORING AND REPORTING PROGRAM SANTA MARGARITA AREA ANNEXATION NO. 2 EXHIBIT D SANTA MARGARITA AREA ANNEXATION NO. 2 Environmental Impact Mitigation Measure Monitoring Phase(s) Action(s) Indicating Compliance Responsible Monitoring Party Agency Verification of Compliance (Status/Date/Initials) Air Quality Impact 3.1-2a: The proposed project could violate any air quality standard or contribute substantially to an existing or projected air quality violation — non -blasting. Mitigation Measure 3.1-2a: General contractors shall implement a fugitive dust control program pursuant to the provisions of SCAQMD Rule 403. Mitigation Measure 3.1-2b: All construction equipment shall be properly tuned and maintained in accordance with manufacturer's specifications. Mitigation Measure 3.1-2c: General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions. During construction, trucks and vehicles in loading and unloading queues would turn their engines off when not in use to reduce vehicle emissions. Construction emissions should be phased and scheduled to avoid emissions peaks and discontinued during second -stage smog alerts. Mitigation Measure 3.1-2d: Electricity from power poles rather than temporary diesel- or gasoline -powered generators shall be used to the extent feasible. Mitigation Measure 3.1-2e: All construction vehicles shall be prohibited from idling in excess of ten minutes, both on- and off-site. Mitigation Measure 3.1-2f; The Applicant shall utilize coatings and solvents that are consistent with applicable SCAQMD rules and regulations. Pre -Grading, Grading, and Construction Issuance of Grading and/or Building Permits Developer City of Temecula Impact 3.1-3: The proposed project could 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). Mitigation Measure 3.1-3: Residential uses shall be located at least 500 feet from the edge of the 1-15 freeway, consistent with CARB siting recommendations. During Plan Review, Grading and Building PlanChecks Issuance of Grading and/or Building Permits Developer City of Temecula Cay of Temecula Santa Margarita Area Annexation No. 2 Page -1 EIR December 2008 / February 3, 2010 Santa Margarita Area Annexation No. 2 MITIGATION MONITORING AND REPORTING PROGRAM FOR FUTURE DEVELOPMENT WITHIN THE SANTA MARGARITA AREA ANNEXATION NO. 2 Environmental Impact Mitigation Measure Monitoring Phase(s) Action(s) Indicating Compliance Responsible Monitoring Party Agency Verification of Compliance (Status/Date/Initials) Biological Resources Impact 3.2-1: The proposed project could 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 CDFG or the USFWS. Mitigation Measure 3.2.1a: Future projects in the annexation area shall pay a development fee established by the City in Ordinance No. 07-01 to support the financing for the MSHCP and shall conform to the other requirements of the MSHCP including any Additional Plan Wide Requirements that may apply to areas outside the MSHCP Criteria Areas as outlined in Sections 6.1.2 (Riverine/Riparian, Vernal Pool, and Fairy Shrimp Habitat), Section 6.1.3 (Narrow Endemic Plant Species Surveys), Section 6.3.2 (Criteria Area Species Surveys, which covers additional survey needs and procedures), and Section 6.1.4 (Urban/Wildlands Interface Requirements) of the Western Riverside MSHCP. Payment of the fee and compliance with all requirements of the MSHCP meets mitigation requirements for the CEQA and NEPA, Federal Endangered Species Act (FESA) and California Endangered Species Act (CESA). Mitigation Measure 3.2-1 b: In order to avoid violation of the MBTA and California Fish and Game Code site -preparation activities (removal of trees and vegetation) shall be avoided, to the greatest extent possible, during the nesting season (generally February 1 to August 31) of potentially occurring native and migratory bird species. If site -preparation activities are proposed during the nesting/breeding season (February 1 to August 31), a pre -activity field survey shall be conducted by a qualified biologist to determine whether active nests of species protected by the Migratory Bird Treaty Act (MBTA) or the California Fish and Game Code are present in the construction zone. If active nests are not located within the project area and appropriate buffer, construction may be conducted during the nesting/breeding season. However, if active nests are located during the pre -activity field survey, no grading or heavy equipment activity shall take place within at least 500 feet of an active listed species or raptor nest, 300 feet of other sensitive or protected (under MBTA or California Fish and Game Code) bird nests (non - listed), or within 100 feet of sensitive or protected songbird nests until the nest is no longer active. During Grading and Building Planchecks During Grading and Building Planchecks Issuance of Building Permit Issuance of Grading and/or Building Permits Developer City of Temecula Developer City of Temecula Impact 3.2-2: The proposed project could have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the CDFG or USFWS. Mitigation Measure 3.2-2: Future projects in the annexation area shall pay a development fee established by the City in Ordinance No. 07-01 to support the financing for the MSHCP and shall conform to the other requirements of the MSHCP including any Additional Plan Wide Requirements that may apply to areas outside the MSHCP Criteria Areas as outlined in Sections 6.1.2 (Riverine/Riparian, Vernal Pool, and Fairy Shrimp Habitat), Section 6.1.3 (Narrow Endemic Plant Species Surveys), Section 6.3.2 (Criteria Area Species Surveys, which covers additional survey needs and procedures), and Section 6.1.4 (Urban/Wildlands Interface Requirements) of the Western Riverside MSHCP. Payment of the fee and compliance with all requirements of the MSHCP meets mitigation requirements for the CEQA and NEPA, Federal Endangered Species Act (FESA) and California Endangered Species Act (CESA). During Grading and Building Planchecks Issuance of Grading and/or Building Permits Developer City of Temecula City of Temecula Santa Margarita Area Annexation No. 2 Page -2 Santa Margarita Area Annexation No. 2 MITIGATION MONITORING AND REPORTING PROGRAM FOR FUTURE DEVELOPMENT WITHIN THE SANTA MARGARITA AREA ANNEXATION NO. 2 Environmental Impact Mitigation Measure Monitoring Phase(s) Action(s) Indicating Compliance Responsible Monitoring Party Agency Verification of Compliance (Status/Date/Initials) Impact 3.2-3: The proposed project could have a substantial adverse effect on federally protected Waters of the U.S. and/or wetlands as defined by Section 404 of the Clean Water Act (CWA) (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. Mitigation Measure 3.2.3: Potential impacts to Waters of the U.S. and Waters of the State will be reduced to below the level of significance through implementation of one or more of the following measures, which individually or in combination will reduce potential impacts to below the level of significance: Prior to any activity in the project area subject to the Corps jurisdiction, written documentation shall be obtained from the Corps that no permit would be required for construction activities. Should a permit be required, all the terms and conditions of the Corps permit shall be implemented. Prior to any activity in the project area subject to CDFG jurisdiction, written documentation shall be obtained from the CDFG that no agreement would be required for construction activities. Should an agreement be required, all the terms and conditions of the CDFG Streambed Alteration Agreement shall be implemented. Prior to any activity in the project area subject to San Diego Regional Water Quality Control Board jurisdiction, written documentation shall be obtained from the San Diego Regional Water Quality Control Board that no Waste Discharge Requirement (WDR) or Section 401 Water Quality Certification permit would be required for construction activities. Should a permit be required, all the terms and conditions of the WDR permit or Water Quality Certification shall be implemented. During Grading and Building Planchecks Issuance of Grading and/or Building Permit Developer City of Temecula Impact 3.2-4: The proposed project could 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. Mitigation Measure 3.2-4: See Temecula General Plan Mitigation Measures. General Plan EIR Mitigation Measure B-1: The City shall require discretionary development proposals in all areas inside or adjacent to sensitive habitat areas, designated critical habitat, and MSHCP conservation areas and core linkages as defined by the USFWS, the CDFG and the MSHCP, to provide detailed biological assessments to determine the potentially significant impacts of the project and mitigate significant impacts to a level below significance. General Plan EIR Mitigation Measure B-2: The City shall require the establishment of open space areas that contain significant water courses, wildlife corridors, and habitats for rare or endangered plant and animal species, with first priority given to the core linkage areas identified in the MSHCP. General Plan EIR Mitigation Measure B-4: The City will evaluate and pursue the acquisition of areas with high biological resource significance. Such acquisition mechanisms may include acquiring land by development agreement or gift; dedication of conservation, open space, and scenic easements; joint acquisition with other local agencies; transfer of development rights; lease purchase agreements; State and federal grants; and impact fees/mitigation banking. B1 - B10, a, b, e, f, g: During Plan Review, Grading and Building Planchecks, B10 c, d, f, g: During Grading, and Construction Issuance of Grading and/or building permits Developer City of Temecula City of Temecula Santa Margarita Area Annexation No. 2 Page -3 Santa Margarita Area Annexation No. 2 MITIGATION MONITORING AND REPORTING PROGRAM FOR FUTURE DEVELOPMENT WITHIN THE SANTA MARGARITA AREA ANNEXATION NO. 2 Environmental Impact Mitigation Measure Monitoring Action(s) Responsible Monitoring Phase(s) Indicating Party Agency Compliance Verification of Compliance (Status/Date/Initials) (continued) General Plan EIR Mitigation Measure B-5: The City shall use the resources of national, regional, and local conservation organizations, corporations, associations, and benevolent entities to identify and acquire environmentally sensitive lands, and to protect water courses and wildlife corridors. General Plan EIR Mitigation Measure B-6: The City shall continue to participate in multi -species habitat conservation planning, watershed management planning, and water resource management planning efforts. General Plan EIR Mitigation Measure B-8: The City will require proponents of future discretionary implementing projects to minimize impacts to Coastal sage scrub, Riversidean alluvial fan sage scrub, chaparral, and non-native grassland consistent with the MSHCP. Such mitigation measures will include, but are not limited to: on-site preservation, off-site acquisition of mitigation land located within the City and inside MSHCP conservation areas, and habitat restoration of degraded sage scrub vegetation that increases habitat quality and the biological function of the site. General Plan EIR Mitigation Measure B-9: The City shall require proponents of future discretionary implementing projects to avoid adverse impacts to Riparian Scrub, Woodland, and Forest and Water vegetations communities to the maximum extent possible. Mitigation consistent with the MSHCP, and future mitigation ratios established by the City will be required, including, but not limited to: wetland creation in upland areas, wetland restoration that re-establishes the habitat functions of a former wetland, and wetland enhancement that improves the self-sustaining habitat functions of an existing wetland. Mitigation measures will be required to achieve "no net loss" of wetland functions and values General Plan EIR Mitigation Measure 8-10: The City shall review future discretionary implementing projects with development -associated impacts to MSHCP conservation areas for consistency with the MSHCP reserve and buffer development requirements, and shall require compliance with the following MSHCP Urban/Wildlife Interface Guidelines: a. Drainage: Proposed developments in proximity to MSHCP conservation areas shall incorporate measures, including measures required through the National Pollutant Discharge Elimination System (NPDES) requirements, to ensure that the quantity and quality of runoff discharged to the MSHCP conservation areas is not altered in an adverse way when compared to existing conditions. Measures shall be put in place to avoid discharge of untreated surface runoff from developed and paved areas into the MSHCP conservation areas. Stormwater systems shall be designed to prevent the release of toxins, chemicals, petroleum products, exotic plant materials, or other elements that might degrade or harm biological resources or ecosystem processes within the MSHCP conservation areas. This can be accomplished using a variety of methods including natural detention basins, grass swales, or mechanical trapping devices. Regular maintenance shall occur to ensure effective operations of runoff control systems. B1-610, a, b, e, f, g: During Plan Review, Grading and Building Planchecks, 810 c, d, f, g: During Grading, and Construction Issuance of Grading and/or building permits Developer City of Temecula City of Temecula Sana Margarita Area Annexation No. 2 Page -4 Santa Margarita Area Annexation No. 2 MITIGATION MONITORING AND REPORTING PROGRAM FOR FUTURE DEVELOPMENT WITHIN THE SANTA MARGARITA AREA ANNEXATION NO. 2 Environmental Impact Mitigation Measure Monitoring Action(s) Responsible Monitoring Phase(s) Indicating Party Agency Compliance Verification of Compliance (Status/Date/) n itis ls) (continued) b. Toxics: Land uses proposed in proximity to the MSHCP conservation area that use chemicals or generate byproducts (such as manure) that are potentially toxic or may adversely affect wildlife species, habitat, or water quality shall incorporate measures to ensure that application of such chemicals does not result in discharge to the MSHCP conservation area. Measures such as those employed to address drainage issues shall be implemented. c. Lighting: Night lighting shall be directed away from the MSHCP conservation area to protect species within the MSHCP conservation area from direct night lighting. Shielding shall be incorporated in project designs to ensure ambient light levels within the MSHCP conservation area do not increase. d. Noise: Proposed noise generating land uses affecting the MSHCP conservation area shall incorporate setbacks, berms, or walls to minimize the effects of noise on MSHCP conservation area resources pursuant to applicable rules, regulations, and guidelines related to land use noise standards. For planning purposes, wildlife within the MSHCP conservation area should not be subject to noise that would exceed residential noise standards. e. Invasives: When approving landscape plans for proposed development adjacent to the MSHCP conservation area, the City shall require revisions to landscape plans to avoid the use of invasive species defined within the MSHCP for the portions of development adjacent to the conservation area. f. Barriers: Proposed land uses adjacent to the MSHCP conservation area shall incorporate barriers, where appropriate in individual project designs to minimize unauthorized public access, domestic animal predation, illegal trespass, or dumping in the conservation area. Such barriers may include native landscaping, rocks/boulders, fencing, walls, signage and/or other appropriate mechanisms. g. Grading/Land Development: Manufactured slopes associated with proposed site development shall not extend into the MSHCP conservation area. B1 - B10, a, b, e, f, g: During Plan Review, Grading and Building Planchecks, B10 c, d, f, g: During Grading, and Construction Issuance of Grading and/or building permits Developer City of Temecula City of Temecula Santa Margarita Area Annexation No. 2 Page -5 Santa Margarita Area Annexation No. 2 MITIGATION MONITORING AND REPORTING PROGRAM FOR FUTURE DEVELOPMENT WITHIN THE SANTA MARGARITA AREA ANNEXATION NO. 2 Environmental Impact Mitigation Measure Monitoring Phase(s) Action(s) Indicating Compliance Responsible Monitoring Party Agency Verification of Compliance (Status/Date/Initials) Impact 3.2-5: The proposed project could conflict with the provisions of an adopted HCP, NCCP, or other approved local, regional, or state conservation plan. Mitigation Measure 3.2-5a: (See Mitigation Measure 3.2-1a). Future projects in the annexation area shall pay a development fee established by the City in Ordinance No. 07-01 to support the financing for the MSHCP and shall conform to the other requirements of the MSHCP including any Additional Plan Wide Requirements that may apply to areas outside the MSHCP Criteria Areas as outlined in Sections 6.1.2 (Riverine/Riparian, Vernal Pool, and Fairy Shrimp Habitat), Section 6.1.3 (Narrow Endemic Plant Species Surveys), Section 6.3.2 (Criteria Area Species Surveys, which covers additional survey needs and procedures), and Section 6.1.4 (Urban Wildlands Interface Requirements) of the Western Riverside MSHCP. Payment of the fee and compliance with all requirements of the MSHCP meets mitigation requirements for the CEQA and NEPA, Federal Endangered Species Act (FESA) and California Endangered Species Act (CESA). Mitigation Measure 3.2-5b: Pursuant to the Western Riverside County MSHCP, within 30 days prior to the issuance of a grading permit, future development projects in the project area shall conduct a pre -construction presence/absence survey for the burrowing owl shall be conducted by a qualified biologist and the results of this presence/absence survey shall be provided in writing to the city of Temecula. If it is determined that the project site is occupied by the burrowing owl, take of "active" nests shall be avoided. However, when the Burrowing Owl is present, active relocation outside of the nesting season (March 1 through August 15) by a qualified biologist shall be required. The City of Temecula shall be consulted to determine appropriate translocation sites. Occupation of this species on the project site may result in the need to revise grading plans so that take of "active" nests is avoided or alternatively, a grading permit may be issued once the species has been actively relocated. City of Temecula Santa Margarita Area Annexation No. 2 Page -6 During Grading and Building Planchecks Issuance of Building Permit Developer City of Temecula During Grading Issuance of a Developer City of Planchecks Grading Permit Temecula Santa Margarita Area Annexation No. 2 MITIGATION MONITORING AND REPORTING PROGRAM FOR FUTURE DEVELOPMENT WITHIN THE SANTA MARGARITA AREA ANNEXATION NO. 2 Environmental Impact Mitigation Measure Monitoring Phase(s) Action(s) Indicating Compliance Responsible Monitoring Party Agency Verification of Compliance (Status/Date/Initials) Cultural Resources Impact 3.3-1: Project construction could adversely impact unknown cultural resources, including unique archaeological resources and historic resources. Mitigation Measure 3.3-1a: All areas not previously assessed for cultural resources within the 718 acres to be designated as HR -SM must be assessed by a qualified archaeologist prior to the approval of Hillside Development Plans, and in consultation with local appropriate Native Tribes (It is anticipated that the Pechanga Tribe will be the "appropriate" Tribe due to its prior and extensive coordination with the City in determining potentially significant impacts and appropriate mitigation measures and due to its demonstrated cultural affiliation with the Project area). Should any future change in land use designation occur for areas designated by the current project as "Conservation" such areas must also be assessed for cultural resources prior to the approval of development plans and in consultation with local appropriate Native Tribes. Mitigation Measure 3.3-1b: During ground -disturbing activities, should prehistoric or historic subsurface cultural resources be discovered, all activity in the vicinity of the find shall stop and a qualified archaeologist will be contacted to assess the significance of the find according to CEQA Guidelines Section 15064.5, and in consultation with local appropriate Native Tribes. If any find is determined to be significant, the project proponent and the archaeologist will determine, in consultation with local appropriate Tribes, appropriate avoidance measures or other appropriate mitigation. If there is a dispute, the Lead Agency will make the final determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the Tribe. All significant cultural materials recovered will be relinquished to the appropriate local Native Tribe for appropriate treatment. All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation. During Plan Review During grading or construction Approval of Development Plan Issuance of Building Permits to Resume construction activities; (any documentation shall be completed prior to issuance of occupancy). Developer City of Temecula Developer City of Temecula Impact 3.3-2: The proposed project could adversely affect known cultural resources, including unique archaeological resources and historic resources. Mitigation Measure 3.3-2: CA-RIV-4264, P33-14892, P33-14893, P33- 14894, the Murrieta Creek Archaeological Area/District, and all sites concerning Pechanga's creation and origin should be avoided and preserved. If avoidance is not feasible, further investigation of these resources by a qualified archaeologist, in consultation with the appropriate local Native Tribe, will be required to determine the significance of these resources that have not been fully evaluated. The qualified archaeologist shall prepare a report evaluating each known cultural resource, noting the significance determination of the resource. The report will make recommendations for treatment of each resource. A Cultural Resource Treatment Plan should be developed for identified significant cultural resources, particularly the Murrieta Creek Archaeological Area/District and sites concerning Pechanga's creation and origin, in consultation with the appropriate local Native American Tribes and a qualified archaeologist, prior to the commencement of any future development within the current project area. City of Temecula Santa Margarita Area Annexation No. 2 During Plan Review, Grading and Building Planchecks Page -7 Issuance of Grading and/or Building Permit Developer City of Temecula Santa Margarita Area Annexation No. 2 MITIGATION MONITORING AND REPORTING PROGRAM FOR FUTURE DEVELOPMENT WITHIN THE SANTA MARGARITA AREA ANNEXATION NO. 2 Environmental Impact Mitigation Measure Monitoring Phase(s) Action(s) Indicating Compliance Responsible Monitoring Party Agency Verification of Compliance (Status/Date/Initials) Impact 3.3-3: The proposed project could cause a substantial adverse change to areas of traditional cultural significance to local Native American individuals and groups, as defined by Senate Bill 18. Mitigation Measure 3.3-3: Consultation will occur with the local appropriate Native American Tribe regarding any future development to occur within the project area. A Cultural Resources Treatment Agreement should be developed by a qualified archaeologist on behalf of the project proponent and in consultation with the appropriate local Native American Tribe. This agreement will address and detail the treatment and disposition of areas of traditional tribal significance, cultural resources, and human remains that may be potentially impacted. Provisions for Tribal monitors will also be addressed in the Cultural Resources Treatment Agreement. If agreement with the Tribes cannot be reached, the Lead Agency will determine the required treatment. During Grading Issuance of Plancheck Grading Permit Developer City of Temecula Impact 3.34: The project could result in damage to previously unidentified human remains. Mitigation Measure 3.34: If human skeletal remains are uncovered during project construction, work in the vicinity of the find shall cease and the Riverside County coroner will be contacted to evaluate the remains, following the procedures and protocols set forth in Section 15064.5 (e)(1) of the CEQA Guidelines. If the County coroner determines that the remains are Native American, the project proponent will contact the NAHC, in accordance with Health and Safety Code Section 7050.5, subdivision (c), and Public Resources Code 5097.98 (as amended by AB 2641) and the Most Likely Descendant will be identified. The most likely descendant shall then make recommendations, and engage in consultation concerning the treatment of the remains as provided in Public Resources Code 5097.98. During Grading or Construction Issuance of Permits to Resume Construction Activities; (any documentation shall be completed prior to issuance of occupancy). Developer City of Temecula Impact 3.3-5: The proposed project would directly or indirectly destroy a unique paleontological resource, or site, or unique geologic feature. Mitigation Measure 3.3-5: In the event that paleontological resources are discovered, the project proponent will notify a qualified paleontologist. The paleontologist will document the discovery as needed, evaluate the potential resource, and assess the significance of the find under the criteria set forth in CEQA Guidelines Section 15064.5. If fossil or fossil bearing deposits are discovered during construction, excavations within 50 feet of the find will be temporarily halted or diverted until the discovery is examined by a qualified paleontologist (in accordance with Society of Vertebrate Paleontology standards (Society of Vertebrate Paleontology, 1995). The paleontologist will notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the project proponent determines that avoidance is not feasible, the paleontologist will prepare an excavation plan for mitigating the effect of the project on the qualities that make the resource important. The plan will be submitted to the project proponent for review and approval prior to implementation. Prior to the issuance of grading permit(s) for the project, the project proponent shall retain Tribal monitor(s) from the appropriate local Tribe. The Tribal monitor(s) shall be allowed to monitor all grading, excavation, and groundbreaking activities, including archaeological testing, and shall also have the authority to stoop and redirect grading activities in consultation with the project archaeologist. During Grading or Construction Issuance of Permits to Resume Construction Activities; (any documentation shall be completed prior to issuance of occupancy). Developer City of Temecula City of Temecula Santa Margarita Area Annexation No. 2 Page -8 Santa Margarita Area Annexation No. 2 MITIGATION MONITORING AND REPORTING PROGRAM FOR FUTURE DEVELOPMENT WITHIN THE SANTA MARGARITA AREA ANNEXATION NO. 2 Environmental Impact Mitigation Measure Monitoring Phase(s) Action(s) Indicating Compliance Responsible Monitoring Party Agency Verification of Compliance (Status/Date/Initials) Public Services and Utilities Impact 3.6-1: The proposed project would not result in substantial adverse physical impacts associated with the provision of new or physically altered fire facilities, or the need for new or physically altered fire service facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for fire services. Mitigation Measure 3.6-1: Although the proposed project's impacts upon fire services are less than significant, development in the project area will be required to comply with City DIF for the payment of fire mitigation fees. Fees collected through the development of single-family detached homes will be utilized to upgrade or develop new fire facilities and could total approximately $46,533.69 (81 du @ $574.49 per single-family detached dwelling unit). During Building Planchecks Issuance of Building Permit Developer City of Temecula Impact 3.6-2: The proposed project would not result in substantial adverse physical impacts associated with the provision of new or physically altered police facilities, or the need for new or physically altered sheriff facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for police protection services. Mitigation Measure 3.6-2: Although the proposed project's impacts upon police services are less than significant; development within the project area will be required to pay the DIF. Fees collected through the development of single-family detached homes will be utilized to upgrade or develop new police facilities and could total approximately $19,593.90 (81 dwelling unit @ $241.90 per single-family detached dwelling unit). During Building Issuance of Planchecks Building Permit Developer City of Temecula City of Temecula Santa Margarita Area Annexation No. 2 Page -9 Santa Margarita Area Annexation No. 2 MITIGATION MONITORING AND REPORTING PROGRAM FOR FUTURE DEVELOPMENT WITHIN THE SANTA MARGARITA AREA ANNEXATION NO. 2 Environmental Impact Mitigation Measure Monitoring Phase(s) Action(s) Indicating Compliance Responsible Monitoring Party Agency Verification of Compliance (Status/Date/I niti a Is) Transportation and Traffic Impact 3.7-1: The addition of project traffic adds more than 5 vehicles to a critical movement at the 1-15 Southbound Ramps/Rainbow Valley W Blvd intersection when the intersection operates at level of service (LOS) F. Based on significance criteria used by the County of San Diego, a significant impact occurs. Impact 3.7-2: The addition of project traffic adds more than 5 vehicles to a critical movement at the 1-15 Southbound Ramps/Rainbow Valley W Blvd intersection when the intersection operates at LOS F. Based on significance criteria used by the County of San Diego, a significant impact occurs. An impact was also identified in the Existing Plus Ambient Plus Project Scenario. Mitigation Measure 3.7-1: This impact can be mitigated by installing stop signs on all approaches at this intersection. Although this mitigation measure, is technically (physically) feasible, implementation will require approval of other agencies including California Department of Transportation (Caltrans) and San Diego County. Because the intersection is within the jurisdiction of San Diego County and because no improvement can be made without the approval of Caltrans, the City cannot ensure that the improvements will be made in a timely manner to mitigate the impact of the project on this intersection. Therefore, although the City will undertake all reasonable steps to coordinate with San Diego County and Caltrans to install the improvements, the project's cumulative impacts on this intersection are significant and unavoidable. Mitigation Measure 3.7-2: (See Mitigation Measure 3.7-1). This impact can be mitigated by installing stop signs on all approaches at this intersection. Although this mitigation measure, is technically (physically) feasible, implementation will require approval of other agencies including California Department of Transportation (Caltrans) and San Diego County. Because the intersection is within the jurisdiction of San Diego County and because no improvement can be made without the approval of Caltrans, the City cannot ensure that the improvements will be made in a timely manner to mitigate the impact of the project on this intersection. Therefore, although the City will undertake all reasonable steps to coordinate with San Diego County and Caltrans to install the improvements, the project's cumulative impacts on this intersection are significant and unavoidable. During Construction During Construction Issuance of Developer, Permits by all Cal -Trans, jurisdictions to San Diego proceed with County, City installation of of Temecula Stop signs Cal -Trans, San Diego County, City of Temecula Issuance of Developer, Cal -Trans, Permits by all Cal -Trans, San Diego jurisdictions to San Diego County, proceed with County, City City of installation of of Temecula Temecula Stop signs Implementation will require approval of other agencies including California Department of Transportation (Caltrans) and San Diego County. Because the intersection is within the jurisdiction of San Diego County and because no improvement can be made without the approval of Caltrans, the City cannot ensure that the improvements will be made in a timely manner to mitigate the impact of the project on this intersection. Implementation will require approval of other agencies including California Department of Transportation (Caltrans) and San Diego County. Because the intersection is within the jurisdiction of San Diego County and because no improvement can be made without the approval of Caltrans, the City cannot ensure that the improvements will be made in a timely manner to mitigate the impact of the project on this intersection. City of Temecula Santa Margarita Area Annexation No. 2 Page -10 Santa Margarita Area Annexation No. 2 MITIGATION MONITORING AND REPORTING PROGRAM FOR FUTURE DEVELOPMENT WITHIN THE SANTA MARGARITA AREA ANNEXATION NO. 2 Environmental Impact Mitigation Measure Monitoring Phase(s) Action(s) Indicating Compliance Responsible Monitoring Party Agency Verification of Compliance (Status/Date/Initials) Impact 3.7-3: The project contributes traffic to several segments of 1-15 within Riverside County which are projected to exceed the target LOS. All of these roadway segments are projected to operate at LOS F with volume to capacity (V/C) ratios ranging from 1.15 to 1.41. These roadway segments are projected to operate at LOS F, regardless of whether project traffic uses this facility or not. This LOS F conditions occurs not because of project trips but because of existing traffic travel on 1-15, the projected growth in regional travel because of development outside of the city of Temecula, and the addition of traffic from Cumulative Projects. Mitigation Measure 3.7-3: Based on our review of available documents, no plans currently exist to widen 1-15, which would be required to improve operations. Therefore, it would not be feasible to mitigate the project impacts on the segments of 1-15. Additionally, if there were feasible mitigation measures, they would require the concurrence of both Caltrans and Riverside County to be implemented. As such, the city of Temecula would not be able to guarantee the implementation of any mitigation measures, even if any mitigation measures were feasible. Given the above considerations, we can conclude that the necessary mitigation measures are not feasible and are outside the jurisdiction of the city of Temecula, the impact would remain significant and unavoidable. During Construction Issuance of Developer, Permits by all Cal -Trans, jurisdictions to County of proceed with Riverside, Widening 1-15 City of Temecula Cal -Trans, County of Riverside, City of Temecula The City of Temecula would not be able to guarantee the implementation of mitigation measures. The necessary mitigation measures are not feasible and are outside the jurisdiction of the city of Temecula. City of Temecula Santa Margarita Area Annexation No. 2 Page -11 Santa Margarita Area Annexation No. 2 MITIGATION MONITORING AND REPORTING PROGRAM FOR FUTURE DEVELOPMENT WITHIN THE SANTA MARGARITA AREA ANNEXATION NO. 2 Environmental Impact Mitigation Measure Monitoring Phase(s) Action(s) Indicating Compliance Responsible Monitoring Party Agency Verification of Compliance (Status/Date/Initials) Impact 3.7-4: The project contributes traffic to Rainbow Canyon Road which is projected to exceed the target LOS. This roadway segment is projected to operate at a V/C ratio of 1.12 which is indicative of LOS F operations. Mitigation Measure 3.7-4: The Riverside County General Plan anticipates that Rainbow Canyon Road would be widened from two to four lanes at some point in the future with the Build -out of the Riverside County General Plan land uses. With this widening the roadway would operate at an acceptable LOS. As this widening is anticipated to occur by the Riverside County General Plan, it can be considered to be a feasible mitigation measure. There are several barriers to the timely implementation of this mitigation measure; however. First, this improvement is not funded by the regional traffic fee program (TUMF) and there does not appear to be available funding for this improvement based on our review of available documents. While the project could make a contribution to the widening of this improvement, there is no guarantee that the contribution would ensure the timely implementation of the widening. In addition, this improvement would be partially implemented by Riverside County instead of entirely by the city of Temecula. As such, the city of Temecula would not be able to guarantee that this mitigation measure is implemented in a timely fashion. Given the above considerations, we can conclude that this widening is feasible but outside the jurisdiction of the city of Temecula and the impact would remain significant and unavoidable. During Construction Issuance of Permits by all jurisdictions to proceed with Widening Rainbow Canyon Road from two to four lanes Developer, County of Riverside, City of Temecula County of Riverside, City of Temecula The city of Temecula would not be able to guarantee that this mitigation measure is implemented in a timely fashion (outside the jurisdiction of the city of Temecula). Impact 3.7-5: The project contributes traffic to several segments of 1-15 within Riverside County which are projected to exceed the target LOS. All of these roadway segments are projected to operate at LOS F with V/C ratios ranging from 1.34 to 1.54. Mitigation Measure 3.7-5: (See Mitigation Measure 3.7-4). The Riverside County General Plan anticipates that Rainbow Canyon Road would be widened from two to four lanes at some point in the future with the Build -out of the Riverside County General Plan land uses. With this widening the roadway would operate at an acceptable LOS. As this widening is anticipated to occur by the Riverside County General Plan, it can be considered to be a feasible mitigation measure. There are several barriers to the timely implementation of this mitigation measure; however. First, this improvement is not funded by the regional traffic fee program (TUMF) and there does not appear to be available funding for this improvement based on our review of available documents. While the project could make a contribution to the widening of this improvement, there is no guarantee that the contribution would ensure the timely implementation of the widening. In addition, this improvement would be partially implemented by Riverside County instead of entirely by the city of Temecula. As such, the city of Temecula would not be able to guarantee that this mitigation measure is implemented in a timely fashion. Given the above considerations, we can conclude that this widening is feasible but outside the jurisdiction of the city of Temecula and the impact would remain significant and unavoidable. During Construction Issuance of Permits by all jurisdictions to proceed with Widening Rainbow Canyon Road from two to four lanes Developer, County of Riverside, City of Temecula County of Riverside, City of Temecula The city of Temecula would not be able to guarantee that this mitigation measure is implemented in a timely fashion (outside the jurisdiction of the city of Temecula). City of Temecula Santa Margarita Area Annexation No. 2 Page -12 Santa Margarita Area Annexation No. 2 MITIGATION MONITORING AND REPORTING PROGRAM FOR FUTURE DEVELOPMENT WITHIN THE SANTA MARGARITA AREA ANNEXATION NO. 2 Environmental Impact Mitigation Measure Monitoring Phase(s) Action(s) Indicating Compliance Responsible Monitoring Party Agency Verification of Compliance (Status/Date/Initials) Impact 3.7-6: The project contributes traffic to Rainbow Canyon Road which is projected to exceed the target LOS. This roadway segment is projected to operate at a V/C ratio of 1.12 which is indicative of LOS F operations. Mitigation Measure 3.7-6: (See Mitigation Measure 3.7-5). The Riverside County General Plan anticipates that Rainbow Canyon Road would be widened from two to four lanes at some point in the future with the Build -out of the Riverside County General Plan land uses. With this widening the roadway would operate at an acceptable LOS. As this widening is anticipated to occur by the Riverside County General Plan, it can be considered to be a feasible mitigation measure. There are several barriers to the timely implementation of this mitigation measure; however. First, this improvement is not funded by the regional traffic fee program (TUMF) and there does not appear to be available funding for this improvement based on our review of available documents. While the project could make a contribution to the widening of this improvement, there is no guarantee that the contribution would ensure the timely implementation of the widening. In addition, this improvement would be partially implemented by Riverside County instead of entirely by the city of Temecula. As such, the city of Temecula would not be able to guarantee that this mitigation measure is implemented in a timely fashion. Given the above considerations, we can conclude that this widening is feasible but outside the jurisdiction of the city of Temecula and the impact would remain significant and unavoidable. During Construction Issuance of Permits by all jurisdictions to proceed with Widening Rainbow Canyon Road from two to four lanes Developer, County of Riverside, City of Temecula County of Riverside, City of Temecula The city of Temecula would not be able to guarantee that this mitigation measure is implemented in a timely fashion (outside the jurisdiction of the city of Temecula). Noise Impact 3.8-1: Project construction could expose persons to or generate noise levels in excess of the applicable city of Temecula or County of San Diego noise standards. Mitigation Measure 3.8-1a: The applicant shall ensure, as specified in the San Diego County Code, and the City noise ordinance, that no construction may occur during the following hours: 6:30 pm — 7:00 am, Monday through Saturday. At any time on Sunday or any legal holiday. Mitigation Measure 3.8-1b: The applicant shall ensure that all construction equipment shall use properly operating mufflers. Mitigation Measure 3.8-1c: The applicant shall ensure that all construction staging shall be performed as far as possible from occupied dwellings. Mitigation Measure 3.8.1d: The applicant shall ensure that all signs shall be posted at the construction sites that include permitted construction days and hours, a contact number for the job site, and a contact number for the City Building and Safety Department project manager, in the event daytime noise exceeds 65dBA at the exterior of the residences. In that event the City shall have the right to require limiting the number of noisy pieces of equipment used at one time so that the noise level is reduced to the permissible level. Mitigation Measure 3.8.1e: Implement "quiet" pile -driving technology (such as pre -drilling of piles and the use of more than one pile driver to shorten the total pile driving duration), where feasible, in consideration of geotechnical and structural requirements and conditions. 3.8 -la — e: During Grading or Construction No Code Enforcement violations Developer City of Temecula City of Temecula Santa Margarita Area Annexation No. 2 Page -13 Santa Margarita Area Annexation No. 2 MITIGATION MONITORING AND REPORTING PROGRAM FOR FUTURE DEVELOPMENT WITHIN THE SANTA MARGARITA AREA ANNEXATION NO. 2 Environmental Impact Mitigation Measure Monitoring Phase(s) Action(s) Indicating Compliance Responsible Monitoring Party Agency Verification of Compliance (Status/Date/Initials) Impact 3.8-1: Project construction could expose persons to or generate noise levels in excess of the applicable city of Temecula or County of San Diego noise standards. Mitigation Measure 3.8.1f: A blasting plan for construction must be prepared and followed that includes the following: 1) The Blasting Plan must meet the approval of the appropriate City department with jurisdiction over the project and blasting. 2) Primary components of the Blasting Plan shall include: a) Identification of blast officer; b) Scaled drawings of blast locations, and neighboring buildings, streets, or other locations which could be inhabited; c) Blasting notification procedures, lead times, and list of those notified. Public notification to potentially affected vibration receptors describing the expected extent and duration of the blasting; d) Description of means for transportation and on-site storage and security of explosives in accordance with local, state and federal regulations; e) Minimum acceptable weather conditions for blasting and safety provisions for potential stray current (if electric detonation); f) Traffic control standards and traffic safety measures (if applicable); g) Require personal protective equipment; h) Minimum standoff distances and description of blast impact zones and procedures for clearing and controlling access to blast danger; i) Procedures for handling, setting, wiring, and firing explosives. Also procedures for handling misfires per Federal code; j) Type and quantity of explosives and description of detonation device. Sequence and schedule of blasting rounds, including general method of excavation, lift heights, etc.; k) Methods of matting or covering of blast area to prevent fiyrock and excessive air blast pressure; I) Description of blast vibration and air blast monitoring programs; m) Dust control measures in compliance with applicable air pollution control regulations (to interface with general construction dust control plan); n) Emergency Action Plan to provide emergency telephone numbers and directions to medical facilities. Procedures for action in the event of injury; o) Material Safety Data Sheets for each explosive or other hazardous materials to be used; p) Evidence of licensing, experience, and qualifications of blasters; and q) Description of insurance for the blasting work. 3) A Blast Survey Workplan shall be prepared by the blaster. The Plan shall establish vibration limits in order to protect structures from blasting activities and identify specific monitoring points. At a minimum, a pre -blast survey shall be conducted of any potentially affected structures and underground utilities within 500 feet of a blast area, as well as the nearest commercial or residential structure, prior to blasting. Surveys/Tests conducted and Plans provided during Grading or Construction PlanCheck (All post construction reports provided post construction activities) Issuance of Grading or Building Permit (All post construction reports shall be submitted prior to issuance of occupancy) Developer City of Temecula City of Temecula Sana Margarita Area Annexation No. 2 Page -14 Santa Margarita Area Annexation No. 2 MITIGATION MONITORING AND REPORTING PROGRAM FOR FUTURE DEVELOPMENT WITHIN THE SANTA MARGARITA AREA ANNEXATION NO. 2 Environmental Impact Mitigation Measure Monitoring Phase(s) Action(s) Indicating Compliance Responsible Monitoring Party Agency Verification of Compliance (Status/Date/In itial s) Continued 4) The survey shall include visual inspection of the structures, documentation of structures by means of photographs, video, and a level survey of the ground floor of structures or the crown of major and critical utility lines, and these shall be submitted to the City. This documentation shall be reviewed with the individual owners prior to any blasting operations. The City and impacted property owners will be notified at least 48 hours prior to the visual inspections. 5) Vibration and settlement threshold criteria (for example peak particle velocity of 0.5 inches per second) shall be submitted by the blaster to the City for review and approval during the design process. If the settlement or vibration criteria are exceeded at any time or if damage is observed at any of the structures or utilities, then blasting shall immediately cease and the City immediately notified. The stability of segmental retaining walls, existing slopes, creek canals, etc. shall be monitored and any evidence of instability due to blasting operations shall result in immediate termination of blasting. The blaster shall modify the blasting procedures or use alternative means of excavating in order to reduce the vibrations to below the threshold values, prevent further settlement, slope instability, and prevent further damage. 6) Air blast overpressure limits and monitoring shall be conducted at the property line closest to the blast and at other above ground structures identified in the Plan for vibration monitoring. Air blast overpressure limits shall be in accordance with applicable law and shall be established to prevent damage to adjacent properties, new construction, and to prevent injuries to persons on-site and off-site. 7) Prior to full-scale production blasting, the blaster shall conduct a series of test blasts at the sites where blasting is to occur. The tests shall start with reduced charge weights and shall increase incrementally to that of a full- scale production round. Monitoring shall be conducted as described in the Plan. 8) Post -construction monitoring of structures to identify (and repair if necessary) all damage, if any, from blasting vibrations. Any damage shall documented by photograph, video, etc. This documentation shall be reviewed with the individual property owners. 9) Reports of the results of the blast monitoring shall be provided to the City, the local fire department, and owners of any buried utilities on or adjacent to the site within 24 hours following blasting. Reports documenting damage, excessive vibrations, etc. shall be provided to the City and impacted property owners. Surveys/Tests conducted and Plans provided during Grading or Construction PlanCheck (All post construction reports provided post construction activities) Issuance of Grading or Building Permit (All post construction reports shall be submitted prior to issuance of occupancy) Developer City of Temecula City of Temecula Santa Margarita Area Annexation No. 2 Page -15 PC RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA TAKE VARIOUS ACTIONS RELATED TO ANNEXATION OF THE SANTA MARGARITA AREA ANNEXATION NO. 2 LOCATED TO THE SOUTH AND EAST OF THE EXISTING CITY BOUNDARY (LR09-0024) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On December 9, 2008, the City Council adopted Resolution No. 08-110 certifying the Final Environmental Impact Report prepared for the Santa Margarita Area Annexation (No. 1), a proposed expansion of the City of Temecula's Sphere of Influence and Annexation to the City of Temecula and the Temecula Community Services District of approximately 4,997 acres located immediately southwest of the City of Temecula Boundary line, west of Interstate -15. The City Council also adopted findings pursuant to the California Environmental Quality Act, adopted a statement of overriding considerations and adopted a mitigation monitoring and reporting program in connection therewith (collectively, "Certified Final Environmental Impact Report" or "Certified Final EIR"). B. On December 9, 2008, the City Council adopted Resolution Nos. 08-111 and 08-112 to apply to the Local Agency Formation Commission ("LAFCO") for an expansion of the City of Temecula's Sphere of Influence and Annexation to the City of Temecula and the Temecula Community Services District of approximately 4,997 acres located immediately southwest of the City of Temecula Boundary line, west of Interstate -15 ("Santa Margarita Annexation Area") C. On December 9, 2008, the City Council adopted Resolution No. 08-113 amending the General Land Use Map within the Santa Margarita Area Annexation, contingent upon LAFCO's approval of the annexation. D. On December 9, 2008, the City Council adopted Ordinance No. 08-14 prezoning the territory of the Santa Margarita Area Annexation, contingent upon LAFCO's approval of the annexation. E. On December 9, 2008, the City Council adopted Ordinance No. 08-15 amending the official zoning map of the City of Temecula by adopting zoning designations Hillside -Santa Margarita (SM) and Open Space Conservation District — Santa Margarita (OS -C -SM) and adopting Hillside Development Standards for the Santa Margarita Area Annexation, contingent upon LAFCO's approval of the annexation. F. Thereafter, the City of Temecula submitted to LAFCO a Sphere of Influence Amendment Application and Annexation Application along with requisite application submittal documents in connection therewith for the Santa Margarita Area Annexation proposal ("LAFCO Applications"). G. On May 12, 2009, the City Council adopted Resolution No. 09-42 confirming that the proposal for the Santa Margarita Area Annexation was pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code. H. On June 4, 2009, LAFCO denied the LAFCO Applications made by the City for the Santa Margarita Area Annexation proposal and approved the City's Municipal Service Review; and adopted resolutions in connection therewith on June 25, 2009. I. On July 23, 2009, the City of Temecula submitted an Application for Reconsideration by LAFCO of the LAFCO Applications for the Santa Margarita Area Annexation proposal. The City's proposal removed approximately 487 acres of the southeast corner of the uninhabited 4,997 -acre Santa Margarita Area Annexation territory, and included revised boundaries of the Sphere of Influence expansion from 4,443 acres to 4,126 acres to match the boundaries of the area to be annexed to the City of Temecula and the Temecula Community Services District comprising of 4,510 acres of that certain uninhabited territory located immediately southwest of the City of Temecula boundary line, west of Interstate 15, and north of the San Diego/Riverside County boundary as depicted on the map attached hereto as Exhibit A -A, and incorporated herein as though set forth in full ("Santa Margarita Area Annexation No. 2"). J. On September 24, 2009 LAFCO denied the City's Application for Reconsideration and determined the City of Temecula must file a new LAFCO Sphere of Influence Amendment Application and a new LAFCO Annexation Application to proceed with the Santa Margarita Area Annexation No. 2 proposal. K. On December 3, 2009 LAFCO voted unanimously to waive the one-year waiting period to allow the City to proceed with LAFCO Sphere of Influence Amendment and Annexation Applications for the Santa Margarita Area Annexation No. 2 proposal and LAFCO approved a reduction in the application fees by fifty percent. L. On January 12, 2010, the City Council adopted Resolution No. 10-03 authorizing the preparation of documents and actions necessary to proceed with a Sphere of Influence Amendment and Annexation Application for the Santa Margarita Area Annexation No. 2 proposal pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000 commencing with Section 56000 of the California Government Code. M. The City of Temecula proceeded with the preparation of documents associated with the Santa Margarita Area Annexation No. 2 proposal including a General Plan amendment to the Land Use Map, zoning amendment to Title 17 of the Temecula Municipal Code including hillside development standards and pre -zoning designations, and Sphere of influence and Annexation applications (LR09-0024) in a manner in accord with the City of Temecula General Plan and Municipal Code and are hereby incorporated by reference, for the property consisting of approximately 4,510 acres located immediately southwest of the City of Temecula boundary, west of Interstate 15 and north of the San Diego County/Riverside County boundary referred to as the Santa Margarita Area Annexation No. 2 proposal (collectively, the "Amendment"). N. The Amendment was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act and pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000 commencing with section 56000 of the California Government Code. O. An Addendum to the Certified Final EIR was prepared for the Santa Margarita Area Annexation No. 1 ("Addendum") in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") to address the reduced boundaries of the Santa Margarita Area Annexation proposal that comprise the Santa Margarita Annexation Area No. 2 proposal. P. The Planning Commission considered the Addendum to the Certified Final EIR and the various components of the Amendment on February 3, 2010, at a duly noticed public hearing as prescribed by law, at which time the City staff presented its report and interested persons had an opportunity to and did testify either in support or in opposition to this matter. Q. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Amendment and Addendum to the Certified Final EIR, the Planning Commission adopted Resolution No. 10 - recommending that the City Council approve the Addendum to the Certified Final EIR, adopt findings pursuant to the California Environmental Quality Act, adopt a Statement of Overriding Considerations and adopt a Mitigation Monitoring and Reporting Program. R. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The Planning Commission in recommending approval to the City Council of the General Plan Amendment, Zone Code Amendment, and Pre -Zoning, hereby finds, determines and declares that: A. The proposed Amendment integrates the Santa Margarita Area Annexation No. 2 into the City's General Plan; The proposed Amendment will integrate the Santa Margarita Area Annexation No. 2 into the City's General Plan by amending the City's General Plan Land Use Map to adopt General Plan Land Use Designations for the Santa Margarita Area Annexation No. 2 consisting of Hillside Residential (HR) and Open Space (OS). Currently, 384 acres of the 4,510 acres of the Santa Margarita Area Annexation No. 2 are located within the City's Sphere of Influence and are already designated on the City's General Plan Land Use Map with 318 acres as Open Space (OS) and 66 acres Hillside Residential (HR). The Amendment will adopt the remaining 4,126 acres into the City's General Plan Land Use Map designating 3,966 acres as Open (OS) and 159 acres as Hillside Residential (HR). In total, the Santa Margarita Area Annexation No. 2 encompasses 4,510 acres of which 4,284 acres will be designated as Open Space (OS) and 225 acres will be designated as Hillside Residential (HR). The General Plan Amendment is contingent upon the ultimate approval by Riverside County Local Agency Formation Commission ("LAFCO') of the City's proposed Sphere of Influence expansion of 4,126 acres and, if approved, the proposed General Plan Amendment will integrate the Santa Margarita Area Annexation No. 2 into the City's General Plan. B. The proposed Amendment implements the direction, goals and policies of the City's General Plan; The proposed Amendment implements the proposed and existing General Plan Land Use Designations for the Annexation area, which ultimately implements the direction, goals and policies outlined within the City of Temecula General Plan. The Pre -Zoning and Zoning Amendment adopts Zoning Districts within the Development Code to match, and implement, the proposed General Plan Land Use Designations for the Santa Margarita Area Annexation No. 2. The Santa Margarita Area Annexation No. 2 encompasses approximately 4,510 acres of which 4,284 acres would be zoned Conservation—Santa Margarita (OS -C -SM) to implement the Open Space (OS) General Plan Land Use Designation, and 225 acres would be zoned Hillside Residential—Santa Margarita (HR -SM) to implement the Hillside Residential (HR) General Plan Land Use Designation. In addition, the Zoning Amendment includes Hillside Development Standards for the Santa Margarita Area Annexation No. 2 establishing the framework to implement the direction, goals and policies of the City's General Plan. As outlined in the Land Use Element (Page LU -39), "The City will preserve the quality of hillsides and reduce potential hazards associated with hillside development by incorporating hillside development standards within the Development Code." The proposed Hillside Development Standards for the Santa Margarita Area Annexation No. 2 are consistent with goals, policies and implementation programs as outlined in the adopted City of Temecula General Plan including, but not limited to, the General Plan Land Use Policies identified within Table 3.4-3 of the EIR and the General Plan Goals, Policies and Implementation Programs as follows: 1. The Open Space Element (Water Resources Pages OS -23 and OS -24) calls for the protection of the Santa Margarita River from development impacts supported by Goal OS -2, Policies 2.1 and 2.9. 2. The Open Space Element (Biological Resources Pages OS -25 and OS - 26) emphasizes permanent dedication of open spaces in and around the community aimed to conserve resources of significance and safeguard viable ecological connections between significant natural areas supported by Goal OS -3, Policies 3.1-3.7 (Policy 3.7 specifically indicates the City's policy to maintain and enhance the resources of the Santa Margarita River to ensure the long term viability of the habitat, wildlife and wildlife movement corridors). 3. The Open Space Element (Open Space Page OS -26 through Page OS - 28) recognizes that topographical features such as the western escarpment and southern ridgelines, as well as natural drainage courses and states that the environmental resources of the Santa Margarita River should be protected from insensitive development and activities, supported by Goal OS -5, Policies 5.1-5.3, and 5.8. 4. The Open Space Implementation Programs of the City of Temecula General Plan including OS -9; OS -10; OS -11; OS -12; OS -13; OS -14, OS - 19; OS -20, OS -21; OS -22; OS -25; OS -33; OS -34; OS -35. 5. The Land Use Element (Natural Resources and Community Aesthetics Page LU -47) indicates the importance of hillsides, which form an aesthetic backdrop for the community, and is supported by Goal LU -6, Policies 6.1, 6.3 and 6.4. 6. The Land Use Implementation Programs of the City of Temecula General Plan including LU -14; LU -18, LU -20; and LU -21. The proposed Hillside Development Standards specifically address LU -19 which states, "Promote preservation of hillsides surrounding the community through the following actions: (1) Enforce hillside grading standards to naturalize the effects of grading; (2) Require the preservation of unique natural features; (3) Encourage a broad range of architectural and site planning solutions; and (4) Develop hillside development standards that consider site constraints in determining location, type and intensities of new development along the westem escarpment and other surrounding hillside areas." 7 The Community Design Implementation Programs of the City of Temecula General Plan including CD -6 Viewshed Preservation which states, "Establish a program to acquire, or permanently protect, critical hillside areas from development, including critical escarpment and major hillside areas on the west and south edges of the City. This should include working with the County of Riverside to protect surrounding hillside areas from inappropriate grading and development." The Pre -Zoning and the General Plan land use designations shall not be effective unless or until such time as any of the properties are annexed to the City. If approved, the proposed Amendment will establish the framework to ensure development within the project area implements the directions, goals and policies related to the protection and preservation of natural and sensitive resources, habitat and the hillsides area as outlined within the City of Temecula General Plan. The General Plan Policies referenced herein are hereby incorporated into this Resolution as if set forth in full. C. The proposed Amendment preserves public lands within the Santa Margarita Area Annexation No. 2 in natural open space while retaining the existing residential and agricultural character of privately owned lands; The proposed Amendment includes proposed Hillside Development Standards for the Santa Margarita Area Annexation No. 2 that will establish the framework to preserve public lands within the Santa Margarita Area Annexation No. 2 in natural open space while retaining the existing residential / agricultural character of privately—owned lands. Hillside Development Standards will facilitate and permit the orderly development of private and public properties within the HR -SM (Hillside Residential -Santa Margarita) and OS -C -SM (Conservation -Santa Margarita) Zoning Districts of the Santa Margarita Area Annexation No. 2. The implementation of the Zoning Districts would allow no more than one dwelling unit per ten acres within the HR -SM zone (and limited development within the OS -C -S zone). In conjunction with the proposed Zoning Districts, the Hillside Development Standards will effectively preserve the rural character of the area. It will also protect and preserve natural and biological resources by carefully considering the size, type, location, density and intensity of development based on available infrastructure, the geographic steepness of terrain, presence of unique geographic conditions and constraints, and presence of environmentally sensitive resources and habitat. Furthermore, the development standards will ensure sensitive site design related to grading, landscape architecture and architecture. If approved, the proposed Amendment will establish the framework to retain the existing residential and agricultural character of privately owned lands within the Santa Margarita Area Annexation No. 2. D. The proposed Amendment protects the research value of the Santa Margarita Ecological Reserve by prohibiting incompatible land uses within adjacent properties; The proposed Amendment includes proposed zoning and development standards, which protect the research value of the Santa Margarita Ecological Reserve ("SMER') by prohibiting incompatible land uses within adjacent properties. The majority of the project area is undisturbed and is in a pristine natural area, of which over 95% of the Santa Margarita Area Annexation No. 2 boundary has been conserved as part of the SMER. To maintain protection of the SMER, the City's proposes to zone this area as OS -C -SM (Conservation - Santa Margarita), which limits development. The Santa Margarita Ecological Reserve is designed to serve as a living laboratory or an open classroom. All field stations are within natural areas and scientific monitoring stations are installed at various locations within the Santa Margarita Ecological Preserve Area to assist SDSU with continual research and educational programs. The pristine nature of the project area, as well as the property located within the Santa Margarita Ecological Reserve, has made this area a valuable resource for ecological and environmental research. The need to keep an intact ecosystem for study and education of current and future generations of students also requires buffer lands around the SMER. The Annexation, if approved, in conjunction with associated Amendments to support the General Plan, will preserve the SMER and its surroundings, which is an integral part of preserving and protecting the entire Santa Margarita River. This vital ecological feature is one of the last free flowing rivers in the coastal southern California region. As such, the annexation represents a significant area of value for native wildlife, and a great variety of sensitive biological resources that are known to exist, or potentially exist, within the undeveloped portions of the Santa Margarita Area No. 2. Furthermore, the research potential and unique ecological value of the Santa Margarita Ecological Reserve is an objective of the City's request for the annexation of this area. The integration of the Santa Margarita Area Annexation No. 2 into the Temecula city limits will enable the City to implement the proposed General Plan and Zoning Amendments and maintain consistency and compatibility with the City's goals for this area, including preserving natural conditions and resources as well as the scenic hillsides. Ultimate approval of the Santa Margarita Area Annexation No. 2 by LAFCO is required. If approved, the proposed Amendment will establish the framework to retain the existing residential and agricultural character of privately owned lands within the Santa Margarita Area Annexation No. 2. This action will enable the city to limit land uses within and surrounding properties adjacent to the Santa Margarita Ecological Reserve, that are incompatible with this biologically sensitive and ecologically rich property. Section 2. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council adopt Resolutions and Ordinances substantially in the form of those attached here to, which would: A. Amend the City's General Plan to add the Santa Margarita Annexation Area No. 2 to the City's General Plan and provide general plan land use designations for the Santa Margarita Annexation Area No. 2 (See Exhibit A), contingent upon LAFCO approval of all or part of the Annexation Area. B. Amend Title 17 of the City's Municipal Code to adopt proposed Hillside Residential — Santa Margarita (HR -SM) and Open Space Conservation — Santa Margarita (OS -C -SM) zoning designations and regulations, and related code amendments (See Exhibit B). C. Pre -zone the Santa Margarita Annexation Area No. 2 to Hillside Residential — Santa Margarita (HR -SM) and Open Space Conservation — Santa Margarita (OS -C -SM) (See Exhibit C). D. Request that the Riverside County Local Agency Formation Commission extend the City's Sphere of Influence to include the Santa Margarita Annexation Area No. 2 (See Exhibit D). E. Request that the Riverside County Local Agency Formation Commission Allow the City to Annex the Santa Margarita Annexation Area No. 2 into the City's jurisdiction (See Exhibit E). Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 3rd day of February, 2010. Carl Carey, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 10- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 3rd day of February 2010, by the following vote: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Patrick Richardson, Secretary AREA MAP SANTA MARGARITA AREA ANNEXATION #2 - San Diego County: Santa Margarita Area Annexation Boundary No. 2 -Q City of Temecula Coporate Limits Riverside County Boundary Parcels e AO la VW anR3OIaOecme.ISMASV 'rN.mxd EXHIBIT "A -A" DRAFT RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP TO INCORPORATE HILLSIDE RESIDENTIAL (HR) AND OPEN SPACE (OS) AS THE GENERAL PLAN LAND USE DESIGNATIONS WITHIN THE SANTA MARGARITA AREA ANNEXATION (NO. 2) OF APPROXIMATELY 4,510 ACRES, LOCATED TO THE SOUTH AND EAST OF THE EXISTING CITY BOUNDARY (LR09-0024) Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On December 9, 2008, the City Council adopted Resolution No. 08-110 certifying the Final Environmental Impact Report prepared for the Santa Margarita Area Annexation (No. 1), a proposed expansion of the City of Temecula's Sphere of Influence and Annexation to the City of Temecula and the Temecula Community Services District of approximately 4,997 acres located immediately southwest of the City of Temecula Boundary line, west of Interstate-15. The City Council also adopted findings pursuant to the California Environmental Quality Act, adopted a statement of overriding considerations and adopted a mitigation monitoring and reporting program in connection therewith (collectively, "Certified Final Environmental Impact Report" or "Certified Final EIR"). B. On December 9, 2008, the City Council adopted Resolution Nos. 08-111 and 08-112 to apply to the Local Agency Formation Commission ("LAFCO") for an expansion of the City of Temecula's Sphere of Influence and Annexation to the City of Temecula and the Temecula Community Services District of approximately 4,997 acres located immediately southwest of the City of Temecula Boundary line, west of Interstate-15 ("Santa Margarita Annexation Area") C. On December 9, 2008, the City Council adopted Resolution No. 08-113 amending the General Land Use Map within the Santa Margarita Area Annexation,, contingent upon LAFCO's approval of the annexation. D. On December 9, 2008, the City Council adopted Ordinance No. 08-14 prezoning the territory of the Santa Margarita Area Annexation, contingent upon LAFCO's approval of the annexation. E. On December 9, 2008, the City Council adopted Ordinance No. 08-15 amending the official zoning map of the City of Temecula by adopting zoning designations Hillside-Santa Margarita (SM) and Open Space Conservation District — Santa Margarita (OS-C-SM) and adopting Hillside Development Standards for the Santa Margarita Area Annexation, contingent upon LAFCO's approval of the annexation. DRAFT F. Thereafter, the City of Temecula submitted to LAFCO a Sphere of Influence Amendment Application and Annexation Application along with requisite application submittal documents in connection therewith for the Santa Margarita Area Annexation proposal ("LAFCO Applications"). G. On May 12, 2009, the City Council adopted Resolution No. 09-42 confirming that the proposal for the Santa Margarita Area Annexation was pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, • .commencing with Section 56000 of the California Government Code. H. On June 4, 2009, LAFCO denied the LAFCO Applications made by the City for the Santa Margarita Area Annexation proposal and approved the City's Municipal Service Review; and adopted resolutions in connection therewith on June 25, 2009. On July 23, 2009, the City of Temecula submitted an Application for Reconsideration by LAFCO of the LAFCO Applications for the Santa Margarita Area Annexation proposal. The City's proposal removed approximately 487 acres of the southeast corner of the uninhabited 4,997-acre Santa Margarita Area Annexation territory, and included revised boundaries of the Sphere of Influence expansion from 4,443 acres to 4,126 acres to match the boundaries of the area to be annexed to the City of Temecula and the Temecula Community Services District comprising of 4,510 acres of that certain uninhabited territory located immediately southwest of the City of Temecula boundary line, west of Interstate 15, and north of the San Diego/Riverside County boundary as depicted on the maps attached hereto as Exhibits 1 and 3, and incorporated herein as though set forth in full ("Santa Margarita Area Annexation No. 2"). J. On September 24, 2009 LAFCO denied the City's Application for Reconsideration and determined the City of Temecula must file a new LAFCO Sphere of Influence Amendment Application and a new LAFCO Annexation Application to proceed with the Santa Margarita Area Annexation No. 2 proposal. K. On December 3, 2009 LAFCO voted unanimously to waive the one-year waiting period to allow the City to proceed with LAFCO Sphere of Influence Amendment and Annexation Applications for the Santa Margarita Area Annexation No. 2 proposal and LAFCO approved a reduction in the application fees by fifty percent. L. On January 12, 2010, the City Council adopted Resolution No. 10-03 authorizing the preparation of documents and actions necessary to proceed with a Sphere of Influence Amendment and Annexation Application for the Santa Margarita Area Annexation No. 2 proposal pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 commencing with Section 56000 of the California Government Code. DRAFT M. The City of Temecula proceeded with the preparation of documents associated with the Santa Margarita Area Annexation No. 2 proposal including a General Plan amendment to the Land Use Map, zoning amendment to Title 17 of the Temecula Municipal Code including hillside development standards and pre-zoning designations, and Sphere of influence and Annexation applications (LR09-0024) in a manner in accord with the City of Temecula General Plan and Municipal Code and are hereby incorporated by reference, for the property consisting of approximately 4,510 acres located immediately southwest of the City of Temecula boundary, west of Interstate 15 and north of the San Diego County/Riverside County boundary referred to as the Santa Margarita Area Annexation No. 2 proposal (collectively, the "Amendment"). N. The Amendment was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act and pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 commencing with section 56000 of the California Government Code. O. An Addendum to the Certified Final EIR was prepared for the Santa Margarita Area Annexation No. 1 ("Addendum") in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") to address the reduced boundaries of the Santa Margarita Area Annexation proposal that comprise the Santa Margarita Annexation Area No. 2 proposal. P. The Planning Commission considered the Addendum to the Certified Final EIR and the various components of the Amendment on February 3, 2010, at a duly noticed public hearing as prescribed by law, at which time the City staff presented its report and interested persons had an opportunity to and did testify either in support or in opposition to this matter. Q. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Amendment and Addendum to the Certified Final EIR, the Planning Commission adopted Resolution No. 10- recommending that the City Council approve the Addendum to the Certified Final EIR, adopt findings pursuant to the California Environmental Quality Act, adopt a Statement of Overriding Considerations and adopt a Mitigation Monitoring and Reporting Program. R. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Amendment, the Planning Commission adopted Resolution No. 10- recommending that the City Council approve the Amendment including: (1) approve a Resolution amending the General Plan Land Use Element to incorporate Hillside Residential (HR) and Open Space (OS) as the General Plan Land Use Designations within the Santa Margarita Area Annexation No 2; (2) approve a pre-zoning Ordinance for the pre-zoning of the Santa Margarita Area Annexation No. 2; and (3) approve a zoning Ordinance amending Title 17 of the Temecula Municipal Code and amending the official zoning map of the City of Temecula by adopting zoning designations Hillside Residential-Santa Margarita (HR- DRAFT SM) and Conservation District-Santa Margarita (OS-C-SM) and adopting Hillside Development Standards for a pre-zoning of the Santa Margarita Area Annexation No. 2. S. On [INSERT DATE], the City Council of the City of Temecula considered the Addendum to the Certified Final EIR and the various components of the Amendment, at a duly noticed public hearing as prescribed by law, at which time the City staff presented its report and interested persons had an opportunity to and did testify either in support or in opposition to this matter. After considering all the testimony and comments and the entire record concerning the components of the Amendment and the Addendum to the Certified Final EIR, the City Council adopted Resolution No. , approving the Addendum to the Certified Final EIR, adopting findings pursuant to the California Environmental Quality Act, adopting a Statement of Overriding Considerations and adopting a Mitigation Monitoring and Reporting Program. T. On [INSERT DATE], the City Council of the City of Temecula held a duly noticed public hearing on the proposed Amendment at which time all persons interested in the proposed Amendment had the opportunity to, and did, address the City Council on these matters. Following receipt of all public testimony the City Council closed the hearing. The City Council of the City of Temecula considered the proposed Amendment, including the General Plan Amendment, Pre-Zoning Ordinance, and Zoning Code Amendment, and all the comments and testimony thereon and the entire record concerning the Santa Margarita Area Annexation No. 2 proposal, and the City Council adopted Resolution No. adopting the General Plan Amendment and gave the first reading of the Pre-Zoning Ordinance No. _ and Zoning Code Amendment Ordinance No. . On [INSERT DATE] the City held the second readings of and adopted Pre-Zoning Ordinance No. and Zoning Code Amendment No. U. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Amendment, hereby finds, determines and declares that: A. The proposed Amendment integrates the Santa Margarita Area Annexation (No. 2) into the City's General Plan; The proposed Amendment integrates the Santa Margarita Area Annexation (No. 2) into the City's General Plan by amending the City's General Plan Land Use Map to adopt General Plan Land Use Designations for the Santa Margarita Area Annexation (No. 2) consisting of Hillside Residential (HR) and Open Space (OS). Currently, 384 acres of the 4,510 acres of the Santa Margarita Area Annexation (No. 2) are located within the City's Sphere of Influence and are •already designated on the City's General Plan Land Use Map with 318 acres as Open Space (OS) and 66 acres Hillside Residential (HR). The Amendment will adopt the remaining 4,126 acres into the City's General Plan Land Use Map designating 3,966 acres as Open (OS) and 159 acres as Hillside Residential (HR). In total, the Santa Margarita Area Annexation (No. 2) encompasses 4,510 acres of which 4,284 acres will be designated as Open Space (OS) and 225 DRAFT acres will be designated as Hillside Residential (HR). The Amendment is contingent upon the ultimate approval by Riverside County Local Agency Formation Commission ("LAFCO') and, if approved, the proposed General Plan Amendment will integrate the Santa Margarita Area Annexation (No. 2) into the City's General Plan. B. The proposed Amendment implements the direction, goals and policies of the City's General Plan; The proposed Amendment implements the direction, goals and policies outlined within the City of Temecula General Plan. The Santa Margarita Area Annexation (No. 2) encompasses approximately 4,510 acres of which 4,284 acres propose Conservation—Santa Margarita (OS-C-SM) as the Zoning District to implement the Open Space (OS) General Plan Land Use Designation and 225 acres propose Hillside Residential—Santa Margarita (HR-SM) as the Zoning District to implement the Hillside Residential (HR) General Plan Land Use Designation. 1. The Open Space Element (Water Resources Pages OS-23 and OS-24) calls for the protection of the Santa Margarita River from development impacts supported by Goal OS-2, Policies 2.1 and 2.9. 2. The Open Space Element (Biological Resources Pages OS-25 and 05-26) emphasizes permanent dedication of open spaces in and around the community aimed to conserve resources of significance and safeguard viable ecological connections between significant natural areas supported by Goal OS-3, Policies 3.1-3.7 (Policy 3.7 specifically indicates the City's policy to maintain and enhance the resources of the Santa Margarita River to ensure the long term viability of the habitat, wildlife and wildlife movement corridors). 3. The Open Space Element (Open Space Page OS-26 through Page OS-28) recognizes that topographical features such as the western escarpment and southern ridgelines, as well as natural drainage courses and states that the environmental resources of the Santa Margarita River should be protected from insensitive development and activities, supported by Goal OS-5, Policies 5.1-5.3, and 5.8. 4. The Open Space Implementation Programs of the City of Temecula General Plan including OS-9; 0S-10; OS-11; OS-12; OS-13; OS-14, OS- 19; OS-20, 0S-21; OS-22; OS-25; OS-33; OS-34; OS-35. 5. The Land Use Element (Natural Resources and Community Aesthetics Page LU-47) indicates the importance of hillsides, which form an aesthetic backdrop for the community, and is supported by Goal LU-6, Policies 6.1, 6.3 and 6.4. 6. The Land Use Implementation Programs of the City of Temecula General Plan including LU-14; LU-18, LU-20; and LU-21. The propose Hillside DRAFT Development Standards specifically address LU-19 which states, `Promote preservation of hillsides surrounding the community through the following actions: (1) Enforce hillside grading standards to naturalize the effects of grading; (2) Require the preservation of unique natural features; (3) Encourage a broad range of architectural and site planning solutions; and (4) Develop hillside development standards that consider site constraints in determining location, type and intensities of new development along the western escarpment and other surrounding hillside areas. 7. The Community Design Implementation Programs of the City of Temecula General Plan including CD-6 Viewshed Preservation which states, "Establish a program to acquire, or permanently protect, critical hillside areas from development, including critical escarpment and major hillside areas on the west and south edges of the City. This should include working with the County of Riverside to protect surrounding hillside areas from inappropriate grading and development." The General Plan land use designations shall not be effective unless or until such time as any of the properties are annexed to the City. If approved, the proposed amendment will establish the framework to ensure development within the project area implements the directions, goals and policies related to the protection and preservation of natural and sensitive resources, habitat and the hillsides area as outlined within the City of Temecula General Plan. The General Plan Policies referenced herein are hereby incorporated into this Resolution by reference as if set forth in full. C. The proposed Amendment preserves public lands within the Santa Margarita Area Annexation (No. 2) in natural open space while retaining the existing residential and agricultural character of privately owned lands; The proposed Amendment includes proposed Hillside Development Standards for the Santa Margarita Area Annexation (No. 2) which will establish the framework to preserve public lands within the Santa Margarita Area Annexation (No. 2) in natural open space while retaining the existing residential/agricultural character of privately—owned lands. Hillside Development Standards will facilitate and permit the orderly development of private and public properties within the HR-SM (Hillside Residential-Santa Margarita) and OS-C-SM (Conservation-Santa Margarita) Zoning Districts of the Santa Margarita Area Annexation. The implementation of the Zoning Districts would allow no more than one dwelling unit per ten acres within the HR-SM zone (and limited development within the OS-C-S zone). In conjunction with the proposed Zoning Districts, the Hillside Development Standards will effectively preserve the rural character of the area. It will also protect and preserve natural and biological resources by carefully considering the size, type, location, density and intensity of development based on available infrastructure, the geographic steepness of DRAFT terrain, presence of unique geographic conditions and constraints, and presence of environmentally sensitive resources and habitat. Furthermore, the development standards will ensure sensitive site design related to grading, landscape architecture and architecture. These standards would be added to the City's Municipal Code, and made applicable to the Annexation Area contingent upon approval of the Santa Margarita Area Annexation (No. 2) by LAFCO. If approved, the proposed Amendment will establish the framework to retain the existing residential and agricultural character of privately owned lands within the Santa Margarita Area Annexation (No. 2). D. The proposed Amendment protects the research value of the Santa Margarita Ecological Reserve by prohibiting incompatible land uses within adjacent properties; The proposed Amendment includes proposed zoning and development standards, which protect the research value of the Santa Margarita Ecological Reserve ("SMER') by prohibiting incompatible land uses within adjacent properties. The majority of the project area is undisturbed and is in a pristine natural area, of which approximately 95% of the Santa Margarita Area Annexation (No. 2) boundary has been conserved as part of the SMER. To maintain protection of the SMER, the City's proposes to zone this area as OS-C- SM (Conservation-Santa Margarita), which limits development. The Santa Margarita Ecological Reserve is designed to serve as a living laboratory or an open classroom. All field stations are within natural areas and scientific monitoring stations are installed at various locations within the Santa Margarita Ecological Preserve Area to assist SDSU with continual research and educational programs. The pristine nature of the project area, as well as the property located within the Santa Margarita Ecological Reserve, has-made this area a valuable resource for ecological and environmental research. The need to keep an intact ecosystem for study and education of current and future generations of students also requires buffer lands around the SMER. The Annexation, if approved, in conjunction with associated Amendments to support the General Plan, will preserve the SMER and its surroundings, which is an integral part of preserving and protecting the entire Santa Margarita River. This vital ecological feature is one of the last free flowing rivers in the coastal southern California region. As such, the annexation represents a significant area of value for native wildlife, and a great variety of sensitive biological resources that are known to exist, or potentially exist, within the undeveloped portions of the Santa Margarita Area. Furthermore, the research potential and unique ecological value of the Santa Margarita Ecological Reserve is an objective of the City's request for the annexation of this area. The integration of the Santa Margarita Area Annexation (No. 2) into the Temecula City limits will enable the City to adopt the proposed Amendment and maintain consistency and compatibility with the City's goals for this area, including preserving natural conditions and resources as well DRAFT as the scenic hillsides. Ultimate approval of the Santa Margarita Area Annexation (No. 2) is by LAFCO. if approved, the proposed Amendment will establish the framework to retain the existing residential and agricultural character of privately owned lands within the Santa Margarita Area Annexation (No. 2). This action will enable the City to limit land uses within and surrounding properties adjacent to the Santa Margarita Ecological Reserve, that are incompatible with this biologically sensitive and ecologically rich property. Section 3. General Plan Amendment. A. The property as shown on Exhibit 1, and described in Exhibit 2, is hereby designated as Hillside Residential (HR), which shall become the General Plan Land Use Designation upon annexation of all or part of the property to the City. B. The property as shown on Exhibit 3 and described in Exhibit 4 is hereby designated as Open-Space (OS), which shall become the General Plan Land Use Designation upon annexation of all or part of the property to the City. Section 4. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. DRAFT PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , . 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, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Santa Margarita Area Annexation (No. 2) gMOR Riverside County San Diego County i�" 9 Santa Margarita Area Annexation No. 2 City of Temecula Corporate Limits ---- Streets General Plan Land Use Designations for the Santa Margarita Area Annexation HR A A.ISnaCeaar,o;ectwMea_nv+orserce. mm,.l.ne City of Temecula - Santa Margarita Area Anexation No. 2 Exhibit 1 General Plan Amendment Properties with HR Designation EXHIBIT 2 GENERAL PLAN AMENDMENT Properties with Hillside Residential (HR) designation APN ACRES 918060009 20.91 918060010 20.78 918060021 9.44 918060024 9.64 918060013 39.32 918060023 9.81 918060022 9.38 918060011 24.14 918060008 15.77 918080008 30.12 918080009 35.89 Total: 225.2 Santa Margarita Area Annexation (No. 2) IRSanta Margarita Area Annexation No. 2 City of Temecula Corporate Limits Streets General Plan Land Use Designations for the Santa Margarita Area Annexation F;'11 OS A 13.15u130waPro,a«wmnnInm eu_A.eorsrv.,s empl ..e City of Temecula - Santa Margarita Area Anexation No. 2 Exhibit 3 General Plan Amendment Properties with OS Designation EXHIBIT 4 GENERAL PLAN AMENDMENT Properties with Open Space (OS) designation APN ACRES 940260001 20.34 940260005 7.11 940260004 14.84 940260003 4.04 940250002 3.76 918080011 225.73 918080003 122.5 918080007 168.41 940250003 5.03 940250006 24.02 918080010 328.68 918070018 86.6 940260002 17.04 918070019 68.38 918070014 97.71 918050008 40.23 918070012 38.99 918070011 38.88 940280006 22.27 918050005 80.16 918080002 38.24 918080006 252.03 918050002 253.53 918080001 78.18 918050006 39.87 918050007 39.97 918050003 5.53 918050004 39.77 918070008 24.02 918050009 72.09 918060017 39.81 918060003 12.16 918060004 7.13 918060020 2.67 918060007 248.86 918040003 40.7 918040004 326.05 918060016 0.91 918050001 326.75 918060019 57.34 918060015 40.04 918040011 122.07 918060001 468 918060014 84.19 918040012 81.22 918060006 82.31 918060002 4.57 918060018 81.77 TOTAL 4284.5 DRAFT ORDINANCE NO. 10 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE BY ADOPTING ZONING DESIGNATIONS HILLSIDE RESIDENTIAL -SANTA MARGARITA (HR -SM) AND OPEN SPACE CONSERVATION DISTRICT -SANTA MARGARITA (OS -C -SM) AND ADOPTING HILLSIDE DEVELOPMENT STANDARDS FOR A PRE -ZONING OF THE SANTA MARGARITA AREA ANNEXATION NO. 2 OF APPROXIMATELY 4,510 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE PRE-EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE 15 AND NORTH OF THE SAN DIEGO AND RIVERSIDE COUNTY BOUNDARY (LR09-0024) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On December 9, 2008, the City Council adopted Resolution No. 08-110 certifying the Final Environmental Impact Report prepared for the Santa Margarita Area Annexation (No. 1), a proposed expansion of the City of Temecula's Sphere of Influence and Annexation to the City of Temecula and the Temecula Community Services District of approximately 4,997 acres located immediately southwest of the City of Temecula Boundary line, west of Interstate -15. The City Council also adopted findings pursuant to the California Environmental Quality Act, adopted a statement of overriding considerations and adopted a mitigation monitoring and reporting program in connection therewith (collectively, "Certified Final Environmental Impact Report" or "Certified Final El R"). B. On December 9, 2008, the City Council adopted Resolution Nos. 08-111 and 08-112 to apply to the Local Agency Formation Commission ("LAFCO") for an expansion of the City of Temecula's Sphere of Influence and Annexation to the City of Temecula and the Temecula Community Services District of approximately 4,997 acres located immediately southwest of the City of Temecula Boundary line, west of Interstate -15 ("Santa Margarita Annexation Area") C. On December 9, 2008, the City Council adopted Resolution No. 08-113 amending the General Land Use Map within the Santa Margarita Area Annexation, contingent upon LAFCO's approval of the annexation. DRAFT D. On December 9, 2008, the City Council adopted Ordinance No. 08-14 prezoning the territory of the Santa Margarita Area Annexation, contingent upon LAFCO's approval of the annexation. E. On December 9, 2008, the City Council adopted Ordinance No. 08-15 amending the official zoning map of the City of Temecula by adopting zoning designations Hillside -Santa Margarita (SM) and Open Space Conservation District — Santa Margarita (OS -C -SM) and adopting Hillside Development Standards for the Santa Margarita Area Annexation, contingent upon LAFCO's approval of the annexation. F. Thereafter, the City of Temecula submitted to LAFCO a Sphere of Influence Amendment Application and Annexation Application along with requisite application submittal documents in connection therewith for the Santa Margarita Area Annexation proposal ("LAFCO Applications"). G. On May 12, 2009, the City Council adopted Resolution No. 09-42 confirming that the proposal for the Santa Margarita Area Annexation was pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code. H. On June 4, 2009, LAFCO denied the LAFCO Applications made by the City for the Santa Margarita Area Annexation proposal and approved the City's Municipal Service Review; and adopted resolutions in connection therewith on June 25, 2009. I. On July 23, 2009, the City of Temecula submitted an Application for Reconsideration by LAFCO of the LAFCO Applications for the Santa Margarita Area Annexation proposal. The City's proposal removed approximately 487 acres of the southeast corner of the uninhabited 4,997 -acre Santa Margarita Area Annexation territory, and included revised boundaries of the Sphere of Influence expansion from 4,443 acres to 4,126 acres to match the boundaries of the area to be annexed to the City of Temecula and the Temecula Community Services District comprising of 4,510 acres of that certain uninhabited territory located immediately southwest of the City of Temecula boundary line, west of Interstate 15, and north of the San Diego/Riverside County boundary as depicted on the maps attached hereto as Exhibit A -A, and incorporated herein as though set forth in full ("Santa Margarita Area Annexation No. 2"). J. On September 24, 2009 LAFCO denied the City's Application for Reconsideration and determined the City of Temecula must file a new LAFCO Sphere of Influence Amendment Application and a new LAFCO Annexation Application to proceed with the Santa Margarita Area Annexation No. 2 proposal. K. On December 3, 2009 LAFCO voted unanimously to waive the one-year waiting period to allow the City to proceed with LAFCO Sphere of Influence Amendment and Annexation Applications for the Santa Margarita Area Annexation No. 2 proposal and LAFCO approved a reduction in the application fees by fifty percent. DRAFT L. On January 12, 2010, the City Council adopted Resolution No. 10-3 authorizing the preparation of documents and actions necessary to proceed with a Sphere of Influence Amendment and Annexation Application for the Santa Margarita Area Annexation No. 2 proposal pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000 commencing with Section 56000 of the California Government Code. M. The City of Temecula proceeded with the preparation of documents associated with the Santa Margarita Area Annexation No. 2 proposal including a General Plan amendment to the Land Use Map, zoning amendment to Title 17 of the Temecula Municipal Code including hillside development standards and pre -zoning designations, and Sphere of influence and Annexation applications (LR09-0024) in a manner in accord with the City of Temecula General Plan and Municipal Code and are hereby incorporated by reference, for the property consisting of approximately 4,510 acres located immediately southwest of the City of Temecula boundary, west of Interstate 15 and north of the San Diego County/Riverside County boundary referred to as the Santa Margarita Area Annexation No. 2 proposal (collectively, the "Amendment"). N. The Amendment was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act and pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000 commencing with section 56000 of the California Government Code. O. An Addendum to the Certified Final EIR was prepared for the Santa Margarita Area Annexation No. 1 ("Addendum") in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") to address the reduced boundaries of the Santa Margarita Area Annexation proposal that comprise the Santa Margarita Annexation Area No. 2 proposal. P. The Planning Commission considered the Addendum to the Certified Final EIR and the various components of the Amendment on February 3, 2010, at a duly noticed public hearing as prescribed by law, at which time the City staff presented its report and interested persons had an opportunity to and did testify either in support or in opposition to this matter. Q. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Amendment and Addendum to the Certified Final EIR, the Planning Commission adopted Resolution No. 10 - recommending that the City Council approve the Addendum to the Certified Final EIR, adopt findings pursuant to the California Environmental Quality Act, adopt a Statement of Overriding Considerations and adopt a Mitigation Monitoring and Reporting Program. R. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Amendment, the Planning Commission adopted Resolution No. 10- recommending that the City Council DRAFT approve the Amendment including: (1) approve a Resolution amending the General Plan Land Use Element to incorporate Hillside Residential (HR) and Open Space (OS) as the General Plan Land Use Designations within the Santa Margarita Area Annexation No 2; (2) approve a pre -zoning Ordinance for the pre -zoning of the Santa Margarita Area Annexation No. 2; and (3) approve a zoning Ordinance amending Title 17 of the Temecula Municipal Code and amending the official zoning map of the City of Temecula by adopting zoning designations Hillside Residential -Santa Margarita (HR - SM) and Conservation District -Santa Margarita (OS -C -SM) and adopting Hillside Development Standards for a pre -zoning of the Santa Margarita Area Annexation No. 2. S. On [INSERT DATE], the City Council of the City of Temecula considered the Addendum to the Certified Final EIR and the various components of the Amendment, at a duly noticed public hearing as prescribed by law, at which time the City staff presented its report and interested persons had an opportunity to and did testify either in support or in opposition to this matter. After considering all the testimony and comments and the entire record concerning the components of the Amendment and the Addendum to the Certified Final EIR, the City Council adopted Resolution No. , approving the Addendum to the Certified Final EIR, adopting findings pursuant to the California Environmental Quality Act, adopting a Statement of Overriding Considerations and adopting a Mitigation Monitoring and Reporting Program. T. On [INSERT DATE], the City Council of the City of Temecula held a duly noticed public hearing on the proposed Amendment at which time all persons interested in the proposed Amendment had the opportunity to, and did, address the City Council on these matters. Following receipt of all public testimony the City Council closed the hearing. . Section 2. Table 17.03.010 (Planning and Zoning Approval Authority) of Section 17.03.010 of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code, is hereby amended to add a new row immediately following the row entitled "Secondary Dwelling Unit," to read as follows, with all other aspects of the table remaining unchanged: Table 17.03.010 Planning and Zoning Approval Authority Application Administrative Approval Planning Director Planning Commission City Council "Hillside Development Permit X1 Section 3. A new Section 17.04.060 (Hillside Development Permit) is hereby added to Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows: DRAFT "17.04.060 Hillside Development Permit A. Purpose and Intent. A Hillside Development Permit is required to facilitate and permit the orderly development of property within the HR -SM (Hillside Residential -Santa Margarita) and the OS -C -SM (Conservation -Santa Margarita) Zoning Districts within the Santa Margarita Area Annexation. The permit process will ensure that projects comply with a set of hillside development standards aimed a protecting the public health, safety and welfare; protecting and preserving natural and biological resources for long-term benefit of the City by carefully considering the size, type, location, density, and intensity of development based on available infrastructure; the geographic steepness of terrain; presence of unique geographic conditions and constraints; and presence of environmentally sensitive areas. Specific regulations and standards address the following City objectives: B. Application Requirements. Applications for a Hillside Development Permit shall be completed in accordance with the Section 17.03.030 of the Temecula Municipal Code. C. Authority of Hearing Bodies for a Hillside Development Permit. The Planning Commission shall have the authority to hear and act upon a Hillside Development Permit in accordance with the Temecula Development Code. The City Council shall have the authority to hear and act upon any appeal to the decision of the Planning Commission, pursuant to Section 17.03.090 of the Development Code. D. Hearing and Notice. Upon the determination that a Hillside Development Permit application is complete, a public hearing shall be scheduled with the Planning Commission. Notice of the time, date and place of public hearing shall be given as provided in Section 17.03.040 of this Code. E. Approval. A Hillside Development Permit may, based on findings set for in this Section, be approved, conditionally approved or denied after a public hearing. Decisions of the Planning Commission may be appealed to the City Council, pursuant to Section 17.03.090 of the Temecula Municipal Code. F Findings. The Planning Commission may approve or conditionally approve a Hillside Development Permit only when the following findings can be made: 1. The Hillside Development Permit does not permit uses that are not otherwise allowed in the zone. 2. The proposed use is compatible with the nature, character and use of the surrounding area. DRAFT 3. The proposed use will not adversely affect adjacent residents or structures. 4. The nature and location of the proposed use will not be detrimental to the health, safety, or welfare of the community. 5. The Hillside Development Permit places suitable conditions on the project to protect surrounding properties. G. Notice of Decision. A copy of the notice of decision shall be provided to the applicant in accordance with Section 17.03.040.E of the Temecula Municipal Code. H. Revocation. A Hillside Development Permit may be revoked or modified by the Planning Commission in accordance with the provisions of Section 17.03.080 of the Temecula Municipal Code." Section 4. A new subsection H (Hillside Residential -Santa Margarita (HR -SM) is hereby added to Section 17.06.020 of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, with all other portions of Section 17.06.020 remaining unchanged: "H. Hillside Residential -Santa Margarita (HR -SM). The Hillside Residential - Santa Margarita zoning district is intended to provide for development of very low density residential uses within the Santa Margarita Area Annexation boundaries. This includes properties that have severe development constraints such as areas with slopes over twenty-five percent, biological resources and, limited emergency access. Typical lot sizes in the HR -SM district are equal to or greater than 10 acres." Section 5. A new column entitled "HR -SM" immediately following the column entitled "H," along with a new footnote 9, is hereby added to Table 17.06.030 (Residential Districts) of 17.06.030 (Use Regulations) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, with all other portions of the table remaining unchanged: Description of Use . .. "HR-SM9 Residential .. . Single-family detached . .. P Duplex (two-family dwellings) . .. - Single-family attached (greater than two units) . .. - Multiple -family . .. - Manufactured homes . .. P DRAFT Description of Use ... "HR-SM9 Mobilehome park ... - Facilities for the mentally disordered, handicapped, or dependent or neglected children (six or fewer) ... P Facilities for the mentally disordered, handicapped, or dependent or neglected children (seven to twelve) ... C Alcoholism or drug abuse recovery or treatment facility (six or fewer) ... P Alcoholism or drug abuse recovery or treatment facility (seven or more) ... C Residential care facilities for the elderly (six or fewer) ... P Residential care facilities for the elderly (seven or more) ... C Congregate care residential facilities for the elderly 6 ... - Boarding, rooming and lodging facilities ... - Secondary dwelling units 7 ... P Granny flat ... P Guest house ... P Family day care homes -small ... P Family day care homes -large 1 ... C Day care centers ... C Bed and breakfast establishments 6 ... C Emergency shelters ... C Transitional housing ... C Non -Residential .. . Agriculture/open space uses 6 ... C Religious institutions ... C Public utility facilities ... C Educational institutions ... C Libraries ... - Medical marijuana dispensary ... - Museums and art galleries (not for profit) ... - Kennels and catteries 6 ... - DRAFT Description of Use ... "HR-SM9 Noncommercial keeping of horses, cattle, sheep and goats 6 ... P Temporary real estate tract offices ... P Recreational vehicle storage yard 3 ... - Parking for commercial uses ... - Nonprofit clubs and lodge halls ... - Convalescent facilities ... - Golf courses ... - Home occupations ... P Construction trailers 5' 6 ... P" Notes: "9 Development within the HR -SM zoning district is subject to Section 17.06.080 Hillside Development Standards." Section 6. A new column entitled "HR -SM" added immediately following the column entitled "H," is hereby added to Table 17.06.040 (Development Standards - Residential Districts) of Section 17.06.040 (Development Standards) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, with all other portions of the table remaining unchanged: DRAFT Table 17.06.040 Development Standards — Residential Districts Residential Development Standards . .. "HR -SM Lot Area Minimum net lot area (square feet) Minimum net lot area (acres) • • • 10 Dwelling Units per net acre Lot Dimensions Minimum lot frontage at front property line (feet) • • • 50 Minimum lot frontage for a flag lot at the front property line (feet) • ' ' 40 Minimum width at required front setback area (feet) • • • 100 Minimum average width (feet) • • • 100 Minimum lot depth (feet) • • • 150 Setbacks Minimum front yard (feet) • • • 40 Minimum corner side yard (feet) • • • 40 Minimum interior side yard (feet) • • • 25 Minimum rear yard (feet) • • • 25 Other Requirements Maximum height (feet) . .. Subject to Section 17.06.080 Maximum percent of lot coverage . .. Subject to Section 17.06.080 Open space required ... Subject to Section 17.06.080 Private open space/per unit ... Subject to Section 17.06.080" Section 7. A new Section 17.06.080 (Hillside Development Standards) is hereby added to Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code and Chapter 17.06 to read as follows: DRAFT "Section 17.06.080 Hillside Development Standards. A. Purpose and Intent. This Section is established to achieve the City's objective to facilitate and permit the orderly development of property within the HR -SM zone in the Santa Margarita Area Annexation through a set of hillside development standards aimed a protecting the public health, safety and welfare; protecting and preserving natural and biological resources for long-term benefit of the City and the broader community, recognizing the inherent value in the properties subject to the HR -SM Zone; allowing size, type, location, density, and intensity of development based on available infrastructure; the geographic steepness of terrain, presence of unique geographic conditions and constraints; and presence of environmentally sensitive areas; and optimizing the use of sensitive site design, grading, landscape architecture, and architecture, all to achieve the City's objectives. Specific regulations and standards address the following City objectives: 1. To protect the value of the community and the subject property of ridgelines, prominent landforms, rock outcroppings, open space areas, hydrologic features, wildlife communities, unique and sensitive habitat and vegetation communities, and other natural, biological, archaeological/historical, and scenic resources. 2. To preserve the visual and aesthetic quality of hillsides as viewed from the surrounding community. 3. To promote and encourage a variety of high quality, alternative architectural and energy efficient development designs and concepts appropriate for hillside areas. 4. To preserve the public health, safety, and welfare and specifically protect the public and property from hazards such as seismic, geologic, and fire. B. Applicability and Permit Required. This Section applies to all properties within the Santa Margarita Area Annexation that are located within the HR -SM Zoning District. In addition to any other permit or approval required by this Code, any person proposing to subdivide, grade, erect, or construct into, over, or on top of property within the HR -SM Zoning Districts shall first obtain a land use entitlement through the approval of a Hillside Development Permit pursuant to Section 17.04.060 to ensure compliance with this Section. DRAFT C. Definitions. The following terms shall have the following meanings for purposes of this Section: 1 Accessory Facilities: Buildings, structures, roads, driveways, walls or fences incidental to permitted, or conditionally permitted, use. 2. Disturb: Alter the natural surface of the land or the natural vegetation by any means, including, but not limited to, grading, clearing, brushing, grubbing, or landscaping. 3. Graded Slope: All the faces of a graded slope, from the toe of the slope to the top of the slope, whether the faces are covered by natural vegetation, riprap, retaining walls or other material. 4. Hill: A well-defined natural elevation that extends above surrounding terrain. 5. Hillside: The side or slope of a hill. 6. Hillside Development Permit: An entitlement based upon an application which includes all required submittal documents that comprehensively evaluated to determine its impacts on neighboring property and the community as a whole, from the standpoint of the site, landscape design, architecture, materials, colors, lighting, signs, in accordance with the applicable development standards for the zone, as well as the Hillside Development Standards. 7 Hillside Development Standards: The Hillside Development Standards approved by the City Council of the City of Temecula as now exist and as may from time to time be amended. 8. MSHCP: The Western Riverside County Multi -Species Habitat Conservation Plan as adopted by the City Council of the City of Temecula on December 16, 2003. 9. Peak: The summit of a hill. 10. Restoration: The process of repairing a disturbed site to replicate its natural condition. 11. Ridgeline: A line connecting the highest elevation points of a ridge, running center and parallel to the long axis of the ridge. 12. Site: The parcel on which development is proposed. DRAFT 13. Slope Analysis: An analysis prepared by a California licensed land surveyor or civil engineer based on a topographic map with contour intervals not exceeding 10 feet. D. Exemptions from Hillside Development Permit. 1. The following are exempt from the provisions of this Section: (a) Any development proposal calling for the construction of a structure in a ridgeline area having received approval, pursuant to the adopted regulations in effect at the time of approval, prior to enactment of the Ordinance shall be exempt; however, the requirements of the Ordinance shall be applied if an extension of time is requested. (b) Open space projects and regional or community trails on City of Temecula owned property. (c) City or other governmental projects that receive approval by the City Council of the City of Temecula. E. Environmental Assessment Required. A Hillside Development Permit processed under this Section shall be a "project" for purposes of the California Environmental Quality Act. F Application Requirements. In addition to the application requirements of Section 17.03.030 of the Development Code, all of the following shall be submitted with a Hillside Development Permit application in the HR -SM Zoning District. 1. A site plan drawn to scale by a California licensed land surveyor or registered civil engineer, showing the location of all existing peaks, ridge lines, hills, hillsides and other significant landforms including rock outcroppings, all areas within two hundred (200) feet of a peak or ridge line, the location of all existing watercourses, the location of all existing vegetation including oak trees and the type and quantity thereof, the location of all existing and proposed agricultural areas, the location of all existing and proposed dwellings and the location of all existing and proposed accessory facilities. 2. A grading plan, including a blasting permit, if necessary, subject to the requirements of Title 18 of the Temecula Municipal Code 3. A topographic map of the site, drawn to scale by a California licensed land surveyor or civil engineer, showing all the items referenced in paragraph 1 above. The scale on the topographic DRAFT map shall be no smaller than one (1) inch equals two hundred (200) feet with contour intervals not exceeding ten (10) feet. 4. A slope analysis of the site showing the following slope categories: 0-15% grade, 16-20% grade, 21-25% grade and over 25% grade prepared by a Licensed Land Surveyor or a Registered Engineer. 5. Underground utility plan. 6. A biological report for the site addressing the topics enumerated in Section (conservation required) of this ordinance. 7 A Cultural Resources Assessment prepared by a qualified by archaeologist. 8. Photographs of the portion(s) of the site that would be disturbed taken from each corner of the site and from all vantage points deemed appropriate by the Director of Planning. 9. A proposed land disturbance plan showing and describing the portion(s) of the site that would be disturbed, and the nature and extent of the disturbance. 10. A proposed erosion and sedimentation control plan showing and describing interim and ultimate erosion and sedimentation control measures. 11. A proposed landscape and habitat restoration plan, including a restoration time schedule, showing and describing how the site would be landscaped and repaired and how the natural conditions of the site would be replicated. A qualified biologist shall prepare the habitat restoration plan. 12. A proposed architectural plan showing how primary and accessory structures would be constructed. 13. A proposed exterior lighting plan showing how primary and accessory structures, and landscaping would be illuminated. 14. A line of sight analysis, visual analysis, geologic study or any other requirement deemed appropriate by the Planning Director. 15. A fuel modification plan consistent with the General Guidelines for Creating Defensible Space adopted by the State Board of Forestry and Fire Protection, February 8, 2006. DRAFT G. Development Standards. The following development standards shall apply in the Hillside Residential -Santa Margarita (HR -SM) Zone whenever a Hillside Development Permit is required by this Section: 1. Height. (a) No dwelling, building or structure shall have more than two (2) stories. (b) On a level building pad, the maximum height of a dwelling, building or structure shall be thirty (30) feet measured from the foundation. (c) On a terraced building pad, the maximum height of a dwelling, building or structure shall be forty (40) feet measured from the lowest finished floor level, excluding any basement areas. 2. Lot Area. (a) The minimum lot size shall be ten (10) acres in the HR -SM zone. (b) Development in accordance with this Section may occur on a lot smaller than ten (10) acres in the HR -SM zone if the lot was legally created or previously existed on the effective date of this Ordinance, but no further subdivision of such a lot shall be allowed. 3. Land Disturbance. Land disturbance shall conform in all respects with the land disturbance plan approved by the Director of Planning. A land disturbance plan shall, at a minimum, meet the following requirements, but meeting these requirements does not guarantee approval of the plan. (a) Areas situated within two hundred (200) feet of a peak or ridgeline shall not be disturbed. (b) Natural slopes having a twenty-five (25) percent or greater grade shall not be disturbed. (c) The horizontal distance between a natural or graded slope and a roof, or portion thereof, shall not be less than twenty (20) feet. DRAFT (d) The vertical distance of a graded slope shall not exceed fifteen (15) feet from the toe of the slope to the top of the graded slope, unless a five (5) foot bench is placed between two (2) graded slopes and the bench is planted with vegetation similar to that growing on the portion(s) of the site that have not been disturbed. (e) The maximum height of a graded slope, including required benching, shall not exceed thirty (30) feet. (f) (g) The use of blasting for road construction or pad grading shall be strongly discouraged and alternate construction techniques shall be used if feasible. Site disturbance and grading shall be kept to a minimum. Land disturbance shall not exceed the following limitations: Land Disturbance Limitations Table HR -SM Zoning District Parcel/Lot Size Maximum Area That May Be Disturbed 10 net acres or greater 40,000 square feet Less than 10 acres 10% of the lot area (h) Land disturbance shall conform in all respects with the erosion and sedimentation control plan approved by the Director of Planning or Public Works. 4. Landscaping and Restoration. Landscaping and restoration shall conform in all respects with the landscaping and restoration plan approved by the Director of Planning. A landscaping and restoration plan shall be accompanied by a cash deposit equal to the cost of the re - vegetating all disturbed areas. The restoration plan shall be prepared by a biologist with expertise in habitat restoration. The Director of Planning shall retain this deposit until he/she is satisfied that re -vegetation has been successful, but in no event shall the Director of Planning retain the deposit for more than five (5) years. Within the five (5) year period, the Director shall have the authority to use the deposit to complete the required re -vegetation. 5. Architecture. Dwellings and accessory facilities shall conform in all respects with the architectural plan approved by the Planning Commission. DRAFT 6. Exterior Lighting. Exterior lighting shall conform in all respects with the exterior lighting plan approved by the Director of Planning. An exterior lighting plan shall, at a minimum, meet the following requirements, but meeting these requirements does not guarantee approval of the plan: (a) Lights shall not be located on the portion(s) of the site that have not been disturbed. (b) Lights shall not be located closer than ten (10) feet from any property line. (c) Lights shall be fully shielded and directed away from areas deemed inappropriate by the Director of Planning. (d) Walls and other architectural elements shall not be lighted for decorative purposes. (e) Tennis and other sport courts shall not be lighted for any purposes. (f) The maximum lighting intensity of the site shall not exceed 250 lumens when measured at any property line. 7 Energy Efficient Standards. Energy efficient standards shall be incorporated during the construction and operational phase of any structure permitted under this Section. (a) Construction of any structure for human habitation permitted under a Hillside Development Plan shall be required to exceed Title 24 standards by a minimum of 10 percent. (b) All structures for human habitation shall incorporate sealed duct systems. (c) All structures for shall incorporate fluorescent lighting where practical. (d) "Energy Star" appliances shall be installed in all structures where applicable. (e) All structures for human habitation shall incorporate high - albedo roofing. (f) All structures for human habitation shall incorporate dual pained glass windows (g) DRAFT All residential structures shall incorporate at least two of the following features to obtain a final building inspection. (1) Spectrally selective or Low -E glass on all windows and doors. (2) Enhanced insulation which exceeds Title 24 standards by at least 15 percent. A landscape design that utilizes trees or other vegetation to shade the structures sidewalks, patios, and driveways. (4) Solar water heaters. (5) Photovoltaic systems to supply at a minimum 80% of the normal power needs of the structures proposed and existing based on an annual average. (3) 8. Green Building. All residential structures will be required to incorporate one of the following features in order to obtain a final building inspection. (a) Engineered and certified wood, which is harvested in a sustainable manner. (b) Tankless water heaters. (c) Cellulose attic insulation made from recycled materials. (d) Floor coverings made from recycled or sustainable materials. 9. Environmental Protection. Projects within the HR -SM zoning district shall comply with all applicable mitigation measures adopted in conjunction with the pre - zoning and annexation of the property to the City. H. Hillside Design Standards. In deciding whether to approve a Hillside Development Permit as required by this article and any subordinate land disturbance plan, erosion and sedimentation control plan, landscaping and restoration plan, architectural plan or exterior lighting plan, the Director of Planning shall certify that the plan complies with this Ordinance and the Hillside Design Standards. Applicants are strongly advised to consider the Hillside Design Standards in formulating the above -referenced plans. DRAFT I. Relief from Development Standards. Notwithstanding the specific requirements set forth in this Section 17.06.080 above, relief from the development standards may be granted concurrently with the processing of a Hillside Development Permit in accordance with the following procedure: 1. An applicant may file an application for relief from certain development standards with the Planning Department. The application shall be filed on forms and submitted with information as required by the Department. 2. Applications for an relief from development standards shall be submitted to the Planning Department and shall be accompanied by the submittal requirements of Sections F and G of this Ordinance, and the following: (a) Fees in accordance with the most recently adopted fee schedule. (b) In certain cases, the Directors of Planning, Building and Safety, or Public Works may require the project applicant to provide additional studies, including but not limited to, geological studies and or a visual analysis of the project design either through a project simulation using computer aided three-dimensional modeling coordinated with photography showing before and after conditions or a scaled three-dimensional model showing before and after conditions. 3. The Planning Commission may approve relief from the requirements of Section (G of this Chapter) if: (a) The applicant demonstrates that the proposed alternative complies with and, furthers the intent of this ordinance. (b) The applicant demonstrates that the proposed alternative provides a design solution that is equivalent to or better than the standards prescribed in this ordinance for quality, effectiveness, durability, and safety. 4. The relief from development standards shall be heard at a public hearing of the Planning Commission. J Conservation Required. Any project for which a Hillside Development Permit is required by this Section shall be designed to protect wildlife habitat areas, biological DRAFT corridors, native plants and plant communities, and where practicable, support interconnected, contiguous, and integrated open space systems within an area, particularly when located contiguous to open space preserve areas. A Hillside Development Permit shall be in compliance with the MSHCP. K. Hillside Cluster Development Option. 1. The purpose of the hillside cluster development option is to provide: (a) Site planning and unity of design in harmony with the natural features and constraints of specific sites, and particularly on sites possessing unique or severe topographic or hydrologic features and biological resources; (b) Protection of natural, historic and man-made elements of scenic, environmental or cultural significance; (c) Design innovation; (d) Flexibility of siting of structures and roadways; (e) More cost effective development due to decreased grading and more efficient servicing of the development with utilities, roads and other essential services; (f) (g) Additional open space for private or community purposes; A preferred planning tool for the development of land within the HR -SM zone. 2. Definitions. Cluster Open Space: Open space, either natural or functional, provided to compensate for lot size reductions from minimum lot size area requirements in the applicable zone. Public Open Space: Open space owned by a public agency, such as the City of Temecula, or the Western Riverside County Regional Conservation Authority and maintained for scientific and biological values or in furtherance of the goals of the Western Riverside County Multi Species Habitat Conservation Plan. Scope: The cluster development option is permitted in the HR -SM Zoning District. DRAFT 3. Planned Development Overlay Required. Proposed cluster developments must be processed pursuant to the requirements of the Planned Development Overlay District as set forth in Section 17.22 of the Development Code. 4. Development Standards. (a) Minimum Site Area: None in the HR Zoning District. (b) Overall Density: Greater than 10 acres per dwelling unit in the HR Zoning District. (c) Minimum Lot Area Per Dwelling Unit: No minimum lot size, as may be approved by the Hillside Development Plan. (d) Minimum Set Back Requirements: As may be approved by the Hillside Development Plan. (e) Minimum Distance Between Buildings: As may be approved by the Hillside Development Plan. (f) Utilities: Utilities shall be located within the development portion of the site wherever possible to reduce the future impact of maintenance and repair activities on cluster open space. (g) Excess cut and fill material shall be disposed of in accordance with the Title 18 of the Temecula Municipal Code. (h) Roads: All streets and highways must have horizontal and vertical alignments consistent with an approved design speed, and roadway geometrics consistent with an approved design vehicle, as specified in (the City of Temecula road design manual). (i) Landscaping: In accordance with subsection G.4 of this Section and section 17.32 of the Temecula Municipal Code. (j) Exterior Lighting: Any exterior lighting shall conform to subsection G.6 of this Section. (k) Environmental Protection: Cluster developments within the HR -SM district shall comply with all applicable mitigation measures adopted in conjunction with the pre -zoning annexation of the property to the City. DRAFT 5. Open Space Requirements. (a) Cluster Open Space Requirements: Cluster open space shall be designed to save as much as the natural open space feasible, but in no case shall the open space be less than 90 percent of the gross site area. (b) Cluster open space ownership and control shall be only: (c) (1) As part of and individual, private lot with recorded open space covenants running with the land; (2) By the City of Temecula, as legally dedicated to and approved by the City Council; (3) By the Western Riverside County Resource Conservation Authority; (4) By a qualified nonprofit conservation organization as deemed acceptable by the City. Cluster open space shall not include public or private streets, driveways, parking areas, channelized drainage ways, and disturbed, unvegetated areas." Section 8. A new subsection D is hereby added to Section 17.14.020 of Chapter 17.14 (Open Space/Recreation/Conservation Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, with all other portions of Section 17.14.020 remaining unchanged: "D. Conservation -Santa Margarita District (OS -C -SM). The conservation zoning district is intended for those lands within the Santa Margarita Area Annexation boundaries that are in public or quasi -public ownership for open space purposes that should remain in a natural state as much as feasible without intrusions from active uses. Improvements may be made to these areas to allow for safe limited public access or for control of erosion, geologic stability, or other public safety or utility purposes. The construction of buildings or other structures is not permitted except for flood control structures or public utility facilities, which may be permitted with the approval of a conditional use permit." Section 9. A new column entitled "OS -C -SM" immediately following the column entitled "OS -C" is hereby added to Table 17.14.030 (Schedule of Permitted Uses -Open Space) of Section 17.14.030 (Use Regulations) of Chapter 17.14 (Open Space/Recreation/Conservation Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, with all other portions of the table remaining unchanged: DRAFT 17.14.030 USE REGULATIONS. The primary uses permitted in the open space zoning districts is indicated in Table 17.14.030. Table 17.14.030 Schedule of Permitted Uses — Open Space Schedule of Uses ... "OS -C -SM Agricultural uses ... - Athletic field ... - Bicycle paths ... - Campground ... - Caretakers quarters ... - Cemeteries, mausoleums and related uses ... - Flood control structures ... C Game courts, badminton, tennis, racquetball ... - Golf driving range not part of a golf course ... - Golf course and clubhouse ... - Golf course resort (including accessory visitor supporting accommodations and commercial uses such as hotels, fractional ownership units, day spa, restaurants, and conference center.) ... - Government and public utility facilities ... C Gymnasium ... - Communications and microwave installations 1 ... - Nature centers/exhibits ... - Nurseries ... - Outdoor exhibits ... - Picnic group facilities ... - Private parks and recreation facilities ... - Parking areas ... - Public parks and recreation facilities ... - Recreational vehicle park ... - Riding stable, public or private ... - Shooting galleries, ranges, archery courses ... - Single-family dwellings (1 unit per 40 acres) ... - Tree farms ... Note: All development subject to the standards set forth in Section 17.06.080. DRAFT Section 10. A new column entitled "OS -C -SM" immediately following the column entitled "OS -C" is hereby added to Section 17.14.040 (Development Standards) of Chapter 17.14 (Open Space/Recreation/Conservation Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, with all other portions of the table remaining unchanged: 17.14.040 DEVELOPMENT STANDARDS. The development standards for the open space zoning districts are as indicated on Table 17.14.040. Table 17.14.040 Open Space Development Standards — Open Space Development Standards ... "OS -C -SM Minimum lot size ... - Maximum lot coverage • • • - Maximum height • • • - Floor area ratio • • • - Setback from street RAN line • • • - Setback from adjoining property lines • • • - Minimum open space • • • 100%" Section 11. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 12. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption, but will not become effective unless and until the Annexation of the Santa Margarita Area Annexation, or any territory within it including the Santa Margarita Area Annexation No. 2, is approved by the Riverside County Local Agency Formation Commission. Section 13. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. DRAFT PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 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, do hereby certify that the foregoing Ordinance No. - was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk AREA MAP SANTA MARGARITA AREA ANNEXATION #2 - San Diego County: Santa Margarita Area Annexation Boundary No. 2 -Q City of Temecula Coporate Limits Riverside County Boundary Parcels e AO la VW anR3OIaOecme.ISMASV 'rN.mxd EXHIBIT "A -A" DRAFT ORDINANCE NO. 10 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA FOR THE SANTA MARGARITA AREA ANNEXATION (NO. 2) PRE -ZONING APPROXIMATELY 4,510 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE PRE-EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY WITH ZONING DESIGNATIONS HILLSIDE RESIDENTIAL -SANTA MARGARITA (HR -SM) AND CONSERVATION DISTRICT -SANTA MARGARITA (OS -C -SM) (LR09-0024) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On December 9, 2008, the City Council adopted Resolution No. 08-110 certifying the Final Environmental Impact Report prepared for the Santa Margarita Area Annexation (No. 1), a proposed expansion of the City of Temecula's Sphere of Influence and Annexation to the City of Temecula and the Temecula Community Services District of approximately 4,997 acres located immediately southwest of the City of Temecula Boundary line, west of Interstate -15. The City Council also adopted findings pursuant to the California Environmental Quality Act, adopted a statement of overriding considerations and adopted a mitigation monitoring and reporting program in connection therewith (collectively, "Certified Final Environmental Impact Report" or "Certified Final EIR"). B. On December 9, 2008, the City Council adopted Resolution Nos. 08-111 and 08-112 to apply to the Local Agency Formation Commission ("LAFCO") for an expansion of the City of Temecula's Sphere of Influence and Annexation to the City of Temecula and the Temecula Community Services District of approximately 4,997 acres located immediately southwest of the City of Temecula Boundary line, west of Interstate -15 ("Santa Margarita Annexation Area") C. On December 9, 2008, the City Council adopted Resolution No. 08-113 amending the General Land Use Map within the Santa Margarita Area Annexation, contingent upon LAFCO's approval of the annexation. D. On December 9, 2008, the City Council adopted Ordinance No. 08-14 prezoning the territory of the Santa Margarita Area Annexation, contingent upon LAFCO's approval of the annexation. DRAFT E. On December 9, 2008, the City Council adopted Ordinance No. 08-15 amending the official zoning map of the City of Temecula by adopting zoning designations Hillside -Santa Margarita (SM) and Open Space Conservation District — Santa Margarita (OS -C -SM) and adopting Hillside Development Standards for the Santa Margarita Area Annexation, contingent upon LAFCO's approval of the annexation. F. Thereafter, the City of Temecula submitted to LAFCO a Sphere of Influence Amendment Application and Annexation Application along with requisite application submittal documents in connection therewith for the Santa Margarita Area Annexation proposal ("LAFCO Applications"). G. On May 12, 2009, the City Council adopted Resolution No. 09-42 confirming that the proposal for the Santa Margarita Area Annexation was pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code. H. On June 4, 2009, LAFCO denied the LAFCO Applications made by the City for the Santa Margarita Area Annexation proposal and approved the City's Municipal Service Review; and adopted resolutions in connection therewith on June 25, 2009. I. On July 23, 2009, the City of Temecula submitted an Application for Reconsideration by LAFCO of the LAFCO Applications for the Santa Margarita Area Annexation proposal. The City's proposal removed approximately 487 acres of the southeast corner of the uninhabited 4,997 -acre Santa Margarita Area Annexation territory, and included revised boundaries of the Sphere of Influence expansion from 4,443 acres to 4,126 acres to match the boundaries of the area to be annexed to the City of Temecula and the Temecula Community Services District comprising of 4,510 acres of that certain uninhabited territory located immediately southwest of the City of Temecula boundary line, west of Interstate 15, and north of the San Diego/Riverside County boundary as depicted on the maps attached hereto as Exhibits 1 and 3, and incorporated herein as though set forth in full ("Santa Margarita Area Annexation No. 2"). J. On September 24, 2009 LAFCO denied the City's Application for Reconsideration and determined the City of Temecula must file a new LAFCO Sphere of Influence Amendment Application and a new LAFCO Annexation Application to proceed with the Santa Margarita Area Annexation No. 2 proposal. K. On December 3, 2009 LAFCO voted unanimously to waive the one-year waiting period to allow the City to proceed with LAFCO Sphere of Influence Amendment and Annexation Applications for the Santa Margarita Area Annexation No. 2 proposal and LAFCO approved a reduction in the application fees by fifty percent. L. On January 12, 2010, the City Council adopted Resolution No. 10-03 authorizing the preparation of documents and actions necessary to proceed with a Sphere of Influence Amendment and Annexation Application for the Santa Margarita DRAFT Area Annexation No. 2 proposal pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000 commencing with Section 56000 of the California Government Code. M. The City of Temecula proceeded with the preparation of documents associated with the Santa Margarita Area Annexation No. 2 proposal including a General Plan amendment to the Land Use Map, zoning amendment to Title 17 of the Temecula Municipal Code including hillside development standards and pre -zoning designations, and Sphere of influence and Annexation applications (LR09-0024) in a manner in accord with the City of Temecula General Plan and Municipal Code and are hereby incorporated by reference, for the property consisting of approximately 4,510 acres located immediately southwest of the City of Temecula boundary, west of Interstate 15 and north of the San Diego County/Riverside County boundary referred to as the Santa Margarita Area Annexation No. 2 proposal (collectively, the "Amendment"). N. The Amendment was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act and pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000 commencing with section 56000 of the California Government Code. O. An Addendum to the Certified Final EIR was prepared for the Santa Margarita Area Annexation No. 1 ("Addendum") in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") to address the reduced boundaries of the Santa Margarita Area Annexation proposal that comprise the Santa Margarita Annexation Area No. 2 proposal. P. The Planning Commission considered the Addendum to the Certified Final EIR and the various components of the Amendment on February 3, 2010, at a duly noticed public hearing as prescribed by law, at which time the City staff presented its report and interested persons had an opportunity to and did testify either in support or in opposition to this matter. Q. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Amendment and Addendum to the Certified Final EIR, the Planning Commission adopted Resolution No. 10 - recommending that the City Council approve the Addendum to the Certified Final EIR, adopt findings pursuant to the California Environmental Quality Act, adopt a Statement of Overriding Considerations and adopt a Mitigation Monitoring and Reporting Program. R. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Amendment, the Planning Commission adopted Resolution No. 10- recommending that the City Council approve the Amendment including: (1) approve a Resolution amending the General Plan Land Use Element to incorporate Hillside Residential (HR) and Open Space (OS) as the General Plan Land Use Designations within the Santa Margarita Area DRAFT Annexation No 2; (2) approve a pre -zoning Ordinance for the pre -zoning of the Santa Margarita Area Annexation No. 2; and (3) approve a zoning Ordinance amending Title 17 of the Temecula Municipal Code and amending the official zoning map of the City of Temecula by adopting zoning designations Hillside Residential -Santa Margarita (HR - SM) and Conservation District -Santa Margarita (OS -C -SM) and adopting Hillside Development Standards for a pre -zoning of the Santa Margarita Area Annexation No. 2. S. On [INSERT DATE], the City Council of the City of Temecula considered the Addendum to the Certified Final EIR and the various components of the Amendment, at a duly noticed public hearing as prescribed by law, at which time the City staff presented its report and interested persons had an opportunity to and did testify either in support or in opposition to this matter. After considering all the testimony and comments and the entire record concerning the components of the Amendment and the Addendum to the Certified Final EIR, the City Council adopted Resolution No. , approving the Addendum to the Certified Final EIR, adopting findings pursuant to the California Environmental Quality Act, adopting a Statement of Overriding Considerations and adopting a Mitigation Monitoring and Reporting Program. T. On [INSERT DATE], the City Council of the City of Temecula held a duly noticed public hearing on the proposed Amendment at which time all persons interested in the proposed Amendment had the opportunity to, and did, address the City Council on these matters. Following receipt of all public testimony the City Council closed the hearing. . Section 2. Legislative Findings. The City Council in approving the Pre -Zoning, hereby finds, determines and declares that: A. The Proposed Amendment implements the direction, goals and policies of the City's General Plan; The proposed Pre -Zone implements the proposed and existing General Plan Land Use Designations, which ultimately implements the direction, goals and policies outlined within the City of Temecula General Plan. The Pre -Zone applies Zoning Districts within the Development Code to match the boundaries of the proposed General Plan Land Use Designations for the Santa Margarita Area Annexation (No. 2). The Santa Margarita Area Annexation (No. 2) encompasses approximately 4,510 acres of which 4,284 acres propose Conservation—Santa Margarita (OS -C -SM) as the Zoning District to implement the Open Space (OS) General Plan Land Use Designation and 225 acres propose Hillside Residential— Santa Margarita (HR -SM) as the Zoning District to implement the Hillside Residential (HR) General Plan Land Use Designation. The proposed Pre -Zoning for the Santa Margarita Area Annexation (No. 2) are consistent with goals, policies and implementation programs as outlined in the adopted City of Temecula General Plan including, but not limited to, the General Plan Land Use Policies identified within Table 3.4-3 of the EIR and the General Plan Goals, Policies and Implementation Programs as follows: DRAFT 1 The Open Space Element (Water Resources Pages OS -23 and OS -24) calls for the protection of the Santa Margarita River from development impacts supported by Goal OS -2, Policies 2.1 and 2.9. 2. The Open Space Element (Biological Resources Pages OS -25 and OS - 26) emphasizes permanent dedication of open spaces in and around the community aimed to conserve resources of significance and safeguard viable ecological connections between significant natural areas supported by Goal OS -3, Policies 3.1-3.7 (Policy 3.7 specifically indicates the City's policy to maintain and enhance the resources of the Santa Margarita River to ensure the long term viability of the habitat, wildlife and wildlife movement corridors). 3. The Open Space Element (Open Space Page OS -26 through Page OS - 28) recognizes that topographical features such as the western escarpment and southern ridgelines, as well as natural drainage courses and states that the environmental resources of the Santa Margarita River should be protected from insensitive development and activities, supported by Goal OS -5, Policies 5.1-5.3, and 5.8. 4. The Open Space Implementation Programs of the City of Temecula General Plan including OS -9; OS -10; OS -11; OS -12; OS -13; OS -14, OS - 19; OS -20, OS -21; OS -22; OS -25; OS -33; OS -34; OS -35. 5. The Land Use Element (Natural Resources and Community Aesthetics Page LU -47) indicates the importance of hillsides, which form an aesthetic backdrop for the community, and is supported by Goal LU -6, Policies 6.1, 6.3 and 6.4. 6. The Land Use Implementation Programs of the City of Temecula General Plan including LU -14; LU -18, LU -20; and LU -21. The propose Hillside Development Standards specifically address LU -19 which states, "Promote preservation of hillsides surrounding the community through the following actions: (1) Enforce hillside grading standards to naturalize the effects of grading; (2) Require the preservation of unique natural features; (3) Encourage a broad range of architectural and site planning solutions; and (4) Develop hillside development standards that consider site constraints in determining location, type and intensities of new development along the westem escarpment and other surrounding hillside areas. 7 The Community Design Implementation Programs of the City of Temecula General Plan including CD -6 Viewshed Preservation which states, "Establish a program to acquire, or permanently protect, critical hillside areas from development, including critical escarpment and major hillside areas on the west and south edges of the City. This should include DRAFT working with the County of Riverside to protect surrounding hillside areas from inappropriate grading and development." The Pre -Zoning designations shall not be effective unless or until such time as any of the properties are annexed to the City. If approved, the proposed amendment will establish the framework to ensure development within the project area implements the directions, goals and policies related to the protection and preservation of natural and sensitive resources, habitat and the hillsides area as outlined within the City of Temecula General Plan. The General Plan Policies referenced herein are hereby incorporated into this Resolution by reference as if set forth in full. B. The proposed Amendment protects the research value of the Santa Margarita Ecological Reserve by prohibiting incompatible land uses within adjacent properties; The proposed zoning and development standards would protect the research value of the Santa Margarita Ecological Reserve ("SMER) by prohibiting incompatible land uses within adjacent properties within the City of Temecula. The majority of the project area is undisturbed and is in a pristine natural area, of which approximately 95% of the Santa Margarita Area Annexation No. 2 boundary has been conserved as part of the SMER. Section 3. Pre -Zoning. A. The property as shown on Exhibit 1, and described in Exhibit 2, is hereby pre -zoned Hillside Residential - Santa Margarita (HR -SM), which shall become the zoning upon annexation of all or part of the property to the City. B. The property as shown on Exhibit 3 and described in Exhibit 4, is hereby pre -zoned Open -Space Conservation Santa Margarita (OC -C -SM), which shall become the zoning upon annexation of all or part of the property to the City. Section 4. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption, but will not become effective unless and until the Annexation of the Santa Margarita Area Annexation or the Santa Margarita Area Annexation No. 2, or any territory within it, is approved by the Riverside County Local Agency Formation Commission. DRAFT Section 6. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2010. 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, do hereby certify that the foregoing Ordinance No. - was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2010, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk DRAFT Santa Margarita Area Annexation (No. 2) San Diego County `---,! h �c- r 9 Santa Margarita Area Annexation No. 2 City of Temecula Corporate Limits Streets Zoning Designations for the Santa Margarita Area Annexation HR A RGISARCAa�PmpeaWYnning. _RemoServce wmp. mtl City of Temecula - Santa Margarita Area Anexation No. 2 Exhibit 1 Pre -Zoning Amendment Properties with HR -SM Designation EXHIBIT 2 PRE -ZONING Properties with Hillside Residential - Santa Margarita (HR -SM) Zoning Designation APN ACRES 918060009 20.91 918060010 20.78 918060021 9.44 918060024 9.64 918060013 39.32 918060023 9.81 918060022 9.38 918060011 24.14 918060008 15.77 918080008 30.12 918080009 35.89 Total: 225.2 Santa Margarita Area Annexation (No. 2) Riverside County San Diego County j r FSanta Margarita Area Annexation No. 2 City of Temecula Corporate Limits Streets Zoning Designations for the Santa Margarita Area Annexation I mal OS -CSM a,GISNRCMAPPraecta.nrunrsMM PM ,s.ry..._aw.t..me City of Temecula - Santa Margarita Area Anexation No. 2 Exhibit 3 Pre -Zoning Amendment Properties with OS -C -SM Designation EXHIBIT 4 PRE-ZONING Open Space-Conservation-Santa Margarita (OS-C-SM) Properties APN ACRES 940260001 20.34 940260005. 7.11 940260004 14.84 940260003 4.04 940250002 3.76 918080011 225.73 918080003 122.5 918080007 168.41 940250003 5.03 940250006 24.02 918080010 328.68 918070018 86.6 940260002 17.04 918070019 68.38 918070014 97.71 918050008 40.23 918070012 38.99 918070011 38.88 940280006 22.27 918050005 80.16 918080002 38.24 918080006 252.03 918050002 253.53 918080001 78.18 918050006 39.87 918050007 39.97 918050003 5.53 918050004 39.77 918070008 24.02 918050009 72.09 918060017 39.81 918060003 12.16 918060004 7.13 918060020 2.67 918060007 248.86 918040003 40.7 918040004 326.05 918060016 0.91 918050001 326.75 918060019 57.34 918060015 40.04 918040011 122.07 918060001 468 918060014 84.19 918040012 81.22 918060006 82.31 918060002 4.57 918060018 81.77 TOTAL 4284.5 1 DRAFT RESOLUTION NO. 10 - RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS TO EXTEND THE CITY OF TEMECULA'S SPHERE OF INFLUENCE BY APPROXIMATELY 4,126 ACRES TO INCLUDE ALL TERRITORY OF THE SANTA MARGARITA AREA ANNEXATION NO. 2 COMPRISED OF APPROXIMATELY 4,510 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE PRE-EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE -15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT PURSUANT TO THE CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000, COMMENCING WITH SECTION 56000 OF THE CALIFORNIA GOVERNMENT CODE (LR09-0024) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. On December 9, 2008, the City Council adopted Resolution No. 08-110 certifying the Final Environmental Impact Report prepared for the Santa Margarita Area Annexation (No. 1), a proposed expansion of the City of Temecula's Sphere of Influence and Annexation to the City of Temecula and the Temecula Community Services District of approximately 4,997 acres located immediately southwest of the City of Temecula Boundary line, west of Interstate -15. The City Council also adopted findings pursuant to the California Environmental Quality Act, adopted a statement of overriding considerations and adopted a mitigation monitoring and reporting program in connection therewith (collectively, "Certified Final Environmental Impact Report" or "Certified Final EIR"). B. On December 9, 2008, the City Council adopted Resolution Nos. 08-111 and 08-112 to apply to the Local Agency Formation Commission ("LAFCO") for an expansion of the City of Temecula's Sphere of Influence and Annexation to the City of Temecula and the Temecula Community Services District of approximately 4,997 acres located immediately southwest of the City of Temecula Boundary line, west of Interstate -15 ("Santa Margarita Annexation Area") C. On December 9, 2008, the City Council adopted Resolution No. 08-113 amending the General Land Use Map within the Santa Margarita Area Annexation, contingent upon LAFCO's approval of the annexation. DRAFT D. On December 9, 2008, the City Council adopted Ordinance No. 08-14 prezoning the territory of the Santa Margarita Area Annexation, contingent upon LAFCO's approval of the annexation. E. On December 9, 2008, the City Council adopted Ordinance No. 08-15 amending the official zoning map of the City of Temecula by adopting zoning designations Hillside -Santa Margarita (SM) and Open Space Conservation District — Santa Margarita (OS -C -SM) and adopting Hillside Development Standards for the Santa Margarita Area Annexation, contingent upon LAFCO's approval of the annexation. F. Thereafter, the City of Temecula submitted to LAFCO a Sphere of Influence Amendment Application and Annexation Application along with requisite application submittal documents in connection therewith for the Santa Margarita Area Annexation proposal ("LAFCO Applications"). G. On May 12, 2009, the City Council adopted Resolution No. 09-42 confirming that the proposal for the Santa Margarita Area Annexation was pursuant to the Cortese - Knox -Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code. H. On June 4, 2009, LAFCO denied the LAFCO Applications made by the City for the Santa Margarita Area Annexation proposal and approved the City's Municipal Service Review; and adopted resolutions in connection therewith on June 25, 2009. I. On July 23, 2009, the City of Temecula submitted an Application for Reconsideration by LAFCO of the LAFCO Applications for the Santa Margarita Area Annexation proposal. The City's proposal removed approximately 487 acres of the southeast corner of the uninhabited 4,997 -acre Santa Margarita Area Annexation territory, and included revised boundaries of the Sphere of Influence expansion from 4,443 acres to 4,126 acres to match the boundaries of the area to be annexed to the City of Temecula and the Temecula Community Services District comprising of 4,510 acres of that certain uninhabited territory located immediately southwest of the City of Temecula boundary line, west of Interstate 15, and north of the San Diego/Riverside County boundary ("Santa Margarita Area Annexation No. 2"). A legal description of the proposed Sphere of Influence expansion for the Santa Margarita Area Annexation No. 2 proposal is attached hereto as Exhibit A, and incorporated herein as though set forth in full. J. On September 24, 2009 LAFCO denied the City's Application for Reconsideration and determined the City of Temecula must file a new LAFCO Sphere of Influence Amendment Application and a new LAFCO Annexation Application to proceed with the Santa Margarita Area Annexation No. 2 proposal. K. On December 3, 2009 LAFCO voted unanimously to waive the one-year waiting period to allow the City to proceed with LAFCO Sphere of Influence Amendment and Annexation Applications for the Santa Margarita Area Annexation No. 2 proposal and LAFCO approved a reduction in the application fees by fifty percent. DRAFT L. On January 12, 2010, the City Council adopted Resolution No. 10-03 authorizing the preparation of documents and actions necessary to proceed with a Sphere of Influence Amendment and Annexation Application for the Santa Margarita Area Annexation No. 2 proposal pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000 commencing with Section 56000 of the California Government Code. M. The City of Temecula proceeded with the preparation of documents associated with the Santa Margarita Area Annexation No. 2 proposal including a General Plan amendment to the Land Use Map, zoning amendment to Title 17 of the Temecula Municipal Code including hillside development standards and pre -zoning designations, and Sphere of influence and Annexation applications (LR09-0024) in a manner in accord with the City of Temecula General Plan and Municipal Code and are hereby incorporated by reference, for the property consisting of approximately 4,510 acres located immediately southwest of the City of Temecula boundary, west of Interstate 15 and north of the San Diego County/Riverside County boundary referred to as the Santa Margarita Area Annexation No. 2 proposal (collectively, the "Amendment"). N. The Amendment was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act and pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000 commencing with section 56000 of the California Government Code. O. An Addendum to the Certified Final EIR was prepared for the Santa Margarita Area Annexation No. 1 ("Addendum") in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") to address the reduced boundaries of the Santa Margarita Area Annexation proposal that comprise the Santa Margarita Annexation Area No. 2 proposal. P. The Planning Commission considered the Addendum to the Certified Final EIR and the various components of the Amendment on February 3, 2010, at a duly noticed public hearing as prescribed by law, at which time the City staff presented its report and interested persons had an opportunity to and did testify either in support or in opposition to this matter. Q. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Amendment and Addendum to the Certified Final EIR, the Planning Commission adopted Resolution No. 10 - recommending that the City Council approve the Addendum to the Certified Final EIR, adopt findings pursuant to the California Environmental Quality Act, adopt a Statement of Overriding Considerations and adopt a Mitigation Monitoring and Reporting Program. R. All legal preconditions to the adoption of this Resolution have occurred. S. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due DRAFT consideration of the testimony regarding the proposed Amendment, the Planning Commission adopted Resolution No. 10- recommending that the City Council approve the Amendment including (1) approve a Resolution amending the General Plan Land Use Element to incorporate Hillside Residential (HR) and Open Space (OS) as the General Plan Land Use Designations within the Santa Margarita Area Annexation No 2; (2) approve a pre -zoning Ordinance for the pre -zoning of the Santa Margarita Area Annexation No. 2; and (3) approve a Zoning Ordinance amending Title 17 of the Temecula Municipal Code and amending the official zoning map of the City of Temecula by adopting zoning designations Hillside Residential -Santa Margarita (HR -SM) and Conservation District -Santa Margarita (OS -C -SM) and adopting Hillside Development Standards for a pre -zoning of the Santa Margarita Area Annexation No. 2. T. On [INSERT DATE] the City mailed a notice to LAFCO, each interested agency and each subject agency that on [INSERT DATE] the City of Temecula City Council would be considering the adoption of this proposed Resolution of Application requesting LAFCO to take proceedings to extend the City of Temecula's sphere of influence for the Santa Margarita Area Annexation no. 2 proposal described above. This notice was mailed twenty-one days prior to the City Council hearing pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000, section 56654. U. On [INSERT DATE], the City Council of the City of Temecula considered the Addendum to the Certified Final EIR, the Certified Final EIR, and the various components of the Amendment, at a duly noticed public hearing as prescribed by law, at which time the City staff presented its report and interested persons had an opportunity to and did testify either in support or in opposition to this matter. After considering all the testimony and comments and the entire record concerning the components of the Amendment and the Addendum to the Certified Final EIR, the City Council approved the Addendum to the Certified Final EIR and adopted Findings, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program pursuant to the California Environmental Quality Act in connection therewith for the Santa Margarita Area Annexation No. 2. V. At this same hearing, the City Council considered the proposed Amendment at which time all persons interested in the proposed Amendment had the opportunity to, and did, address the City Council on these matters. Following receipt of all public testimony the City Council closed the hearing. The City Council of the City of Temecula considered the proposed Amendment, including the General Plan Amendment, Pre -Zoning Ordinance, and Zoning Code Amendment, and all the comments and testimony thereon and the entire record concerning the Santa Margarita Area Annexation No. 2 proposal, and the City Council adopted Resolution No. adopting the General Plan Amendment and gave the first reading of the Pre -Zoning Ordinance No. _ and Zoning Code Amendment Ordinance No. . On [INSERT DATE] the City held the second readings of and adopted Pre -Zoning Ordinance No. and Zoning Code Amendment No. DRAFT W. The City is scheduling a meeting with County representatives to discuss the Sphere of Influence expansion for the Santa Margarita Annexation No. 2 proposal. X. The reasons for the proposed expansion of the City's Sphere of Influence of the Santa Margarita Area Annexation No. 2 are as follows: (1) The Santa Margarita Ecological Reserve ("SMER") is now partially within the City's Sphere of Influence and the City believes the balance of the SMER, to the extent that it is within Riverside County, should be located within the City's Sphere of Influence. Placing the area of the SMER that is within the County of Riverside and not already within the City's Sphere of Influence, as well as some surrounding residential lots that include residents who wish to be a part of the City of Temecula, in the City's Sphere of Influence would facilitate annexation of this territory to the City. This would allow the City to ensure the protection and preservation of the SMER, and ensure that any development within the territory of the Santa Margarita Area Annexation No. 2 does not occur in a manner that is incompatible with the SMER; (2) To protect and preserve the Santa Margarita Ecological Reserve as Open Space and an educational resource and protect and preserve the Santa Margarita River; (3) To protect the biological resources located within the territory of the Santa Margarita Area Annexation No. 2. 181 animal species and an additional 331 plant species have been documented and observed within the Santa Margarita Ecological Reserve including 20 sensitive species identified by the Department of Fish and Game as occurring within or in proximity to the territory of the proposed Santa Margarita Area Annexation No. 2. Y. Section 2. The City Council of the City of Temecula hereby directs the City Manager to file this Resolution, and any necessary application documents with LAFCO, and hereby requests LAFCO to take all proceedings necessary for Sphere of Influence expansion to include the area described in Exhibit A to be within the City of Temecula Sphere of Influence, pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000 commencing with Section 56000 of the California Government Code, with LAFCO. DRAFT PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 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, do hereby certify that the foregoing Resolution No. 10- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT "A" MUNICIPAL SERVICE REVIEW AND SPHERE OF INFLUENCE AMENDMENT (ADDITION) TO THE CITY OF TEMECULA (SANTA MARGARITA) AND THE TEMECULA COMMUNITY SERVICES DISTRICT (SUBSIDIARY) LAFCO NO. 2010 -XX -XX LEGAL DESCRIPTION THAT CERTAIN PARCEL OF LAND LYING IN SECTIONS 23 THROUGH 28 INCLUSIVE AND SECTIONS 33 THROUGH 36 INCLUSIVE, TOWNSHIP 8 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF VIA GORRION AND CAMINO ESTRIBO AS SHOWN BY PARCEL MAP NO. 6835, ON FILE IN BOOK 29, PAGES 27 THROUGH 41 INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY; THENCE NORTH 73° 40' 46" EAST ALONG THE CENTERLINE OF SAID CAMINO ESTRIBO, A DISTANCE OF 282.62 FEET TO A POINT OF INTERSECTION WITH THE O SOUTHWESTERLY BOUNDARY OF TEMECULA RANCHO AS SHOWN BY RECORD OF SURVEY FILED IN BOOK 56 PAGES 39 "THROUGH 41 INCLUSIVE, RECORDS OF RIVERSIDE COUNTY; THENCE SOUTH 39° 48' 32" EAST ALONG SAID SOUTHWESTERLY BOUNDARY LINE, O A DISTANCE OF 1694.79 FEET TO THE NORTHEAST CORNER OF GOVERNMENT LOT 4 IN SECTION 24 AS SHOWN BY RECORD OF SURVEY FILED IN BOOK 56 PAGES 39 THROUGH 41 INCLUSIVE, RECORDS OF RIVERSIDE COUNTY; THENCE SOUTH 00° 00' 00" WEST ALONG THE EASTERLY LINE OF THE O SOUTHWEST QUARTER OF SECTION 24, A DISTANCE OF 2731.93 FEET TO THE SOUTH 1/4 CORNER OF SECTION 24 PER SAID RECORD OF SURVEY; ® THENCE SOUTH 00° 19' 01" EAST ALONG THE CENTER SECTION LINE OF SECTION 25, A DISTANCE OF 2654.01 FEET TO THE CENTER OF SECTION 25; THENCE SOUTH 00° 02' 43" WEST ALONG THE CENTER SECTION LINE OF O SECTION 25, A DISTANCE OF 2697.75 FEET TO THE SOUTH 1/4 CORNER OF SECTION 25; THENCE NORTH 89° 37' 37" WEST ALONG THE SOUTH SECTION LINE OF SECTION 25, A DISTANCE OF 2666.28 FEET TO THE SOUTHWEST CORNER AS SHOWN BY © CALIFORNIA DEPARTMENT OF TRANSPORTATION MONUMENTATION MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY IN BOOK 205 PAGES 134 THROUGH 144 INCLUSIVE; THENCE SOUTH 00° 17' 07" WEST ALONG THE WEST SECTION LINE OF SECTION 0 36, A DISTANCE OF 2653.23 FEET TO THE WEST 1/4 CORNER OF SAID SECTION 36; PAGE 1 OF 4 THENCE SOUTH 00' 21' 08" WEST ALONG SAID SECTION LINE OF SECTION 36, A DISTANCE OF 2618.49 FEET TO SOUTHWEST CORNER OF SAID SECTION 36, ALSO ® BEING A POINT ON THE SOUTHERLY LINE OF TOWNSHIP 8 SOUTH AS SHOWN ON SAID CALTRANS MONUMENTATION MAP; THENCE NORTH 89° 55' 18" WEST ALONG SAID TOWNSHIP LINE AND THE O SOUTHERLY LINE OF SECTION 35, A DISTANCE OF 5259.28 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 35 AS SHOWN ON RECORD OF SURVEY 8832 PAGES 1 THROUGH 26 INCLUSIVE FILED IN BOOK OF RECORD OF SURVEY MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE NORTH 89° 59' 23" WEST ALONG SAID TOWNSHIP LINE AND SOUTHERLY 10 LINE OF SECTION 34, A DISTANCE OF 2741.72 FEET TO THE SOUTH 1/4 CORNER OF SAID SECTION 34; THENCE SOUTH 88° 59' 17" WEST ALONG SAID TOWNSHIP LINE AND SAID 11 SOUTHERLY LINE OF SECTION 34, A DISTANCE OF 2721.55 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 34; 12 THENCE SOUTH 89° 40' 46" WEST ALONG SAID TOWNSHIP LINE AND SOUTHERLY LINE OF SECTION 33, A DISTANCE OF 2707.45 FEET TO THE SOUTH 1/4 CORNER OF SAID SECTION 33; THENCE NORTH 89° 27' 23" WEST ALONG SAID TOWNSHIP LINE AND SAID Clg SOUTHERLY LINE OF SECTION 33, A DISTANCE OF 2694.63 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 33; THENCE NORTH 00° 16' 35" EAST ALONG THE WESTERLY LINE OF SAID SECTION 14 33, A DISTANCE OF 2637.86 FEET TO THE WEST 1/4 CORNER THEREOF, AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 10, PAGE 22, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 00° 22' 47" EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 15 1331.69 FEET TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION; THENCE SOUTH 89° 50' 20" EAST ALONG THE SOUTHERLY LINE OF THE NORTH 16 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 33, A DISTANCE OF 2653.19 FEET TO THE SOUTHEAST CORNER OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION; THENCE NORTH 00° 22' 10" WEST ALONG THE CENTER SECTION LINE OF SAID 17 SECTION 33, A DISTANCE OF 1313.47 FEET TO THE NORTH 1/4 CORNER THEREOF; THENCE NORTH 89° 26' 32" WEST ALONG THE NORTHERLY LINE OF SAID 18 SECTION 33, A DISTANCE OF 2636.01 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 00° 29' 50" EAST ALONG THE WESTERLY LINE OF SECTION 28, 19 A DISTANCE OF 1344.23 FEET TO THE SOUTHERLY BOUNDARY OF SANTA ROSA RANCHO AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 56 PAGE 39 THROUGH 41, RECORDS OF RIVERSIDE COUNTY; PAGE 2 OF 4 THENCE NORTH 67° 19' 58" EAST ALONG SAID SANTA ROSA RANCHO BOUNDARY 20 LINE, A DISTANCE OF 12997.33 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF LOT 92 PER SAID PARCEL MAP NO. 6835; THENCE SOUTH 00° 00' 20" EAST, A DISTANCE OF 999.86 FEET TO THE 21 SOUTHERLY BOUNDARY LINE OF THE METROPOLITAN WATER DISTRICT EASEMENT PER INSTRUMENT NO. 109720 RECORDED 12-13-1967, ALSO SHOWN ON SAID PARCEL MAP NO. 6835; THENCE NORTH 51° 51' 46" EAST ALONG SAID SOUTHERLY EASEMENT LINE, A 22 DISTANCE OF 815.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3100.00 FEET; 23 THENCE ALONG SAID CURVE HAVING A RADIUS OF 3100.00 FEET AND SAID EASEMENT NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 10° 25' 39", AN ARC LENGTH OF 564.18 FEET; 24 THENCE NORTH 41° 26' 07" EAST ALONG SAID SOUTHERLY EASEMENT LINE, A DISTANCE OF 333.94 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF CAMINO GAZAPO AS SHOWN ON SAID PARCEL MAP NO. 6835; 25 THENCE SOUTH 06° 17' 41" EAST ALONG SAID CENTERLINE, A DISTANCE OF 37.87 FEET TO THE SOUTHERLY TERMINUS THEREOF; 26 THENCE SOUTH 45° 00' 21" EAST, A DISTANCE OF 86.00 FEET TO THE SOUTHERLY BOUNDARY LINE OF SAID PARCEL MAP NO. 6835; 27 THENCE NORTH 87° 14' 44" EAST ALONG SAID SOUTHERLY BOUNDARY LINE, A DISTANCE OF 1138.19 FEET; 28 THENCE NORTH 60° 47' 31" EAST ALONG SAID SOUTHERLY BOUNDARY LINE, A DISTANCE OF 835.90 FEET; 29 THENCE NORTH 76° 29' 23" EAST ALONG SAID SOUTHERLY BOUNDARY LINE, A DISTANCE OF 457.79 FEET TO THE SOUTHEAST CORNER OF LOT 97 PER SAID PARCEL MAP NO. 6835; 30 THENCE NORTH 07' 27' 46" EAST ALONG THE EASTERLY LINE OF SAID LOT 97, A DISTANCE OF 918.42 FEET TO THE SOUTHEASTERLY TERMINUS OF THE CENTERLINE OF CAMINO POTRO PER SAID PARCEL MAP NO. 6835; THENCE NORTH 28° 00' 57" WEST 466.70 FEET ALONG SAID CENTERLINE, TO AN 31 INTERSECTION WITH THE CENTERLINE OF CAMINO ESTRIBO, SAID INTERSECTION BEING ON A NON -TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 600.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 28° 00' 57" WEST; 32 THENCE ALONG SAID CURVE HAVING A RADIUS OF 600.00 FEET AND SAID CENTERLINE OF CAMINO ESTRIBO NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 15° 00' 28", AN ARC LENGTH OF 157.16 FEET; PAGE 3 OF 4 THENCE NORTH 46° 58' 35" EAST, A DISTANCE OF 714.57 FEET ALONG SAID @ CENTERLINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 600.00 FEET; 34 THENCE ALONG SAID CURVE HAVING A RADIUS OF 600.00 FEET AND SAID CENTERLINE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 26° 42' 1 1 ", AN ARC LENGTH OF 279.63 FEET ; 35 THENCE NORTH 73° 40' 46" EAST, A DISTANCE OF 1016.47 FEET ALONG SAID CENTERLINE TO THE POINT OF BEGINNING. AREA = 4,106 ACRES, MORE OR LESS SEE ENCLOSED EXHIBIT "A" PREPARED BY ME OR UNDER MY SUPERVISION EVIN OZAD DATE REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31-10 PAGE 4 OF 4 Na. 26159 Exp. 3/31/10 EXHIBIT "A" MUNICIPAL SERVICE REVIEW AND SPHERE OF INFLUENCE AMENDMENT (ADDITION) TO THE CITY OF TEMECULA (SANTA MARGARITA) AND THE TEMECULA COMMUNITY SERVICES DISTRICT (SUBSIDIARY) LAFCO NO. 2010 -XX -XX VICI\ITY A / , , / l \\` SPNE ,rEMEC ENcE F � NF�U CADM RN IA q0. \ SPHERE OF INFLUENCE ANNEXATION BOUNDARY ', ) SHEET INDEX VAP 1 1 r I LEGEND L—_ 11, 1 r-----1 ANNEXATION BOUNDARY EXISTING CITY BOUNDARY 4,106 ACRES MORE OR LESS 918001002 ASSESSOR'S PARCEL NO. INDICATES EXISTING CITY '/////////i OF TEM ECU LA SPHERE OF INFLUENCE 1 <l r ----J I r� G r--� 1 1 e RIVERSIDE COUNTY .i SAN DIEGO COUNTY VICINITY MAP 6,000 0 000 1 000 16,000 Scale 1" = 12,000' /���d VIN B. COZAD DATE REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31-10 SHEET INDEX MAP 3,000 a 00 00 9 Scale 1" = 6,000' ANNEXATION TO CITY OF TEMECULA SPHERE OF INFLUENCE BEING A PORTION OF LAND LYING IN SECTIONS 23 - 28 AND SECTIONS 33 - 36, T. 8 S, R. 3 W, S.B.M. AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LAFCO NO. 2010 -XX -XX SHEET 1 OF 10 CD EXHIBIT "A" MUNICIPAL SERVICE REVIEW AND SPHERE OF INFLUENCE AMENDMENT (ADDITION) TO THE CITY OF TEMECULA (SANTA MARGARITA) AND THE TEMECULA COMMUNITY SERVICES DISTRICT (SUBSIDIARY) LAFCO NO. 2010 -XX -XX CAMINO ESTRIBO VIA NOVILLO // CAMINO POTRO G OS P� M.W.D. R/W CAMINO GAZAPO /1/ A GORRION0 VIA / I P.O.B. CAMINO ESTRIBO EXISTING SPHERE OF INFLUENCE OF THE CITY OF TEMECULA 1 940250002 <P. y - " 00 - \ 940260004 1 1 918070012 �- 940280006 918080001 940260002 1 940260005 940260001 918070011 23 940250003 NE CORNER OF GOV'T LOT 4 �.S. 56/39-41 Pvl 10814 / P.M.3. 78 PAGES 5-8 918070014 2/l 918080003 26 25 SEE SHEET 3 SECTION 24 T.8S, �.3W 918070018 S 1/4 SEC 24 SEE SHEET 1 FOR LEGEND SEE SHEET 10 FOR COURSE TABLE 300 0 500 100 1 Scale 1" = 1,000' 918080010 918070019 918080011 Z‘eZ //15 r' VIN B. COZAD DATE REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31-10 ANNEXATION TO CITY OF TEMECULA SPHERE OF INFLUENCE BEING A PORTION OF LAND LYING IN SECTIONS 23 - 28 AND SECTIONS 33 - 36, T. 8 S, R. 3 W, S.B.M. AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LAFCO NO. 2010 -XX -XX SHEET 2 OF 10 EXHIBIT "A" MUNICIPAL SERVICE REVIEW AND SPHERE OF INFLUENCE AMENDMENT (ADDITION) TO THE CITY OF TEMECULA (SANTA MARGARITA) AND THE TEMECULA COMMUNITY SERVICES DISTRICT (SUBSIDIARY) LAFCO NO. 2010 -XX -XX 26125 SEE SHEET 2 SECTIO\ 25 T.8S, .3W 918080010 26 25 C 1/4 SEC 25 S 1/4 SEC 25 © SEE SHEET 4 918080008 918080009 L EXISTING SPHERE OF INFLUENCE OF THE CITY OF TEMECULA SEE SHEET 1 FOR LEGEND SEE SHEET 10 FOR COURSE TABLE 1 500 0 500 1 00 1 Scale 1" = 1,000' 918080011 0 17 Q \ W W ry Li_ u) I 0 0_ IC Q I 0 N J LL I— O 0 U 6 E TO 204-714 Z/ 7EVIN B. OZAD DATE REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31-1 0 ANNEXATION TO CITY OF TEMECULA SPHERE OF INFLUENCE BEING A PORTION OF LAND LYING IN SECTIONS 23 - 28 AND SECTIONS 33 - 36, T. 8 S, R. 3 W, S.B.M. AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LAFCO NO. 2010 -XX -XX SHEET 3 OF 10 LO EXHIBIT "A" MUNICIPAL SERVICE REVIEW AND SPHERE OF INFLUENCE AMENDMENT (ADDITION) TO THE CITY OF TEMECULA (SANTA MARGARITA) AND THE TEMECULA COMMUNITY SERVICES DISTRICT (SUBSIDIARY) LAFCO NO. 2010 -XX -XX SEE SHEET 1 FOR LEGEND SEE SHEET 10 FOR COURSE TABLE 26 25 9180080010 - 35 9180600070 W W 1/4 W SEC 36 (f) (f) 918060018 35 SEE SHEET 3 918080011 36 918090002 918090007 2,918100001 918100008 1-----� r ---- ---t----1 1 918090003 918090008 / 9181000021 918100007 918090001 I- - - - -I 918090006---`---+---� 1 918090004 1 918090009 /9181000031 918100006 L___1 j ---L--- 1 918090005 1 918090010 /918100004 918100005 18110001 918110002 918090019 1-----1----1---- / ----L/ --- 918120044 - - - EXISTING SPHERE OF INFLUENCE OF / 918130043 THE CITY OF TEMECULA 918130031 918090011 918090012 T 918090013 i 918090014 918090015 1 918090016 ----t 1 918090020 T - 918090017 1 918090018 t 918090021 1 918090022 1 918090023 918090024 1 918090025 918090026 1918090027 1 918090028 1 918090029 I I 918090030 1 918090031 918090032 1918090033 1 918090034 1918090035 918090036 918090037 918090038 1 1 I 361 918090039 1918090040 918090042 I I 1 I I 918100012 O S. D. CO. R. 0. S. 8832 SA\ DIEGO COU\TY sao o soo 1'1�1 Scale 1" = 1,000' RIVERSIDE COU\TY '<EVIN B. C AD ODATE REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31-10 ANNEXATION TO CITY OF TEMECULA SPHERE OF INFLUENCE BEING A PORTION OF LAND LYING IN SECTIONS 23 - 28 AND SECTIONS 33 - 36, T. 8 S, R. 3 W, S.B.M. AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LAFCO NO. 2010 -XX -XX SHEET 4 OF 10 CO LLJ LTJ 10 (� 918060019 918060015 3/l EXHIBIT "A" MUNICIPAL SERVICE REVIEW AND SPHERE OF INFLUENCE AMENDMENT (ADDITION) TO THE CITY OF TEMECULA (SANTA MARGARITA) AND THE TEMECULA COMMUNITY SERVICES DISTRICT (SUBSIDIARY) LAFCO NO. 2010 -XX -XX 918060013 I - SECTION 35 T.8S, �.3W 918060014 918060021 918060022 918060023 35 1 - r - -11 918060011 RIVERSIDE 918060024 11 COU\TY O9 S 1/4 SEC 35 918060008 180900261 111 ---� 918060009 1 I 180900301 1 918060018 - - - -+ 1 180900341 —I 1 RD. ---4 180900381 35 36 f - w ® W (/) 918060010 I 1 LEMAIRE DRJ RAINBOW GLEN S.D.CO. R.O.S. 8832 W w W SAN DIEGO COUNTY W (f) SEE SHEET 1 FOR LEGEND SEE SHEET 10 FOR COURSE TABLE 600 0 600 1 00 1 Scale 1" = 1,000' KEVIN B. CO AD DATE REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31-10 ANNEXATION TO CITY OF TEMECULA SPHERE OF INFLUENCE BEING A PORTION OF LAND LYING IN SECTIONS 23 - 28 AND SECTIONS 33 - 36, T. 8 S, R. 3 W, S.B.M. AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LAFCO NO. 2010 -XX -XX SHEET 5 OF 10 EXHIBIT "A" MUNICIPAL SERVICE REVIEW AND SPHERE OF INFLUENCE AMENDMENT (ADDITION) TO THE CITY OF TEMECULA (SANTA MARGARITA) AND THE TEMECULA COMMUNITY SERVICES DISTRICT (SUBSIDIARY) LAFCO NO. 2010 -XX -XX • I / r I/ !/ 918060002-t I/ / 918060003 I L_ I / 1 918060017 w 33 3/1 w SIVE (f) W W (I) 918060001 SIDE 11 S. SA SECTIO` 34 T.8S, 3W 3. CO. 8832 \ DIEGO COUNTY SEE SHEET 1 FOR LEGEND SEE SHEET 11 FOR COURSE TABLE 600 0 600 1000 1500 Scale 1" = 1,000' "1 �/ 918060019 U 10 918060015 3/1 35 w W (I) LJ W (1) d¢�o VIN B. COZAD DATE REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31-10 ANNEXATION TO CITY OF TEMECULA SPHERE OF INFLUENCE BEING A PORTION OF LAND LYING IN SECTIONS 23 - 28 AND SECTIONS 33 - 36, T. 8 S, R. 3 W, S.B.M. AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LAFCO NO. 2010 -XX -XX SHEET 6 OF 10 '1\.____N 1/16 SEC 33 EXHIBIT "A" MUNICIPAL SERVICE REVIEW AND SPHERE OF INFLUENCE AMENDMENT (ADDITION) TO THE CITY OF TEMECULA (SANTA MARGARITA) AND THE TEMECULA COMMUNITY SERVICES DISTRICT (SUBSIDIARY) LAFCO NO. 2010 -XX -XX 0 SEE SHEET 8 1 C -N 1/16 _ J � SEC 33 R.S 10/22 W 1/4 SEC 33 918040004 SECTION 33 T.85, .3W r 918040012 32 33 S1/4 IVESI3E SEC 33 \ COUNTY S. D. CO. .0.S. 8832 SA\ DIEGO COUNTY SEE SHEET 1 FOR LEGEND SEE SHEET 11 FOR COURSE TABLE I 918040003 1 1 L L 918040011 1 1 918060017 33 3L 1 sao o sono I11 Scale 1" = 1,000' / '7, VIN B. COZAD DATE REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31-10 CD W W /_ V 1 W W ANNEXATION TO CITY OF TEMECULA SPHERE OF INFLUENCE BEING A PORTION OF LAND LYING IN SECTIONS 23 - 28 AND SECTIONS 33 - 36, T. 8 S, R. 3 W, S.B.M. AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LAFCO NO. 2010 -XX -XX SHEET 7 OF 10 29 28 EXHIBIT "A" MUNICIPAL SERVICE REVIEW AND SPHERE OF INFLUENCE AMENDMENT (ADDITION) TO THE CITY OF TEMECULA (SANTA MARGARITA) AND THE TEMECULA COMMUNITY SERVICES DISTRICT (SUBSIDIARY) LAFCO NO. 2010 -XX -XX �.S. 56/39-41 SECTION 28 T. 8S, 3W 918050001 32 33 �.S. 10/22 N 1/4 f SEC 33 918040004 N 1/16 SEC 33 C—N 1 /16 16 f SEC 33 SEE SHEET 7 SEE SHEET 1 FOR LEGEND SEE SHEET 11 FOR COURSE TABLE 500 0 503 1003 i o0 Scale 1" = 1,000' 28 27 33 918040003 L 1 3/1 918050002 918060001 VIN B. COZAD DATE REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31-10 ANNEXATION TO CITY OF TEMECULA SPHERE OF INFLUENCE BEING A PORTION OF LAND LYING IN SECTIONS 23 - 28 AND SECTIONS 33 - 36, T. 8 S, R. 3 W, S.B.M. AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LAFCO NO. 2010 -XX -XX SHEET 8 OF 10 CO w w (f) W W (I) SP EXHIBIT "A" MUNICIPAL SERVICE REVIEW AND SPHERE OF INFLUENCE AMENDMENT (ADDITION) TO THE CITY OF TEMECULA (SANTA MARGARITA) AND THE TEMECULA COMMUNITY SERVICES DISTRICT (SUBSIDIARY) LAFCO NO. 2010 -XX -XX P S 2 GN '\ I\ r 1-59 918070008 N S.® 22 23 VIA TORNADO CAMINO GAZAPO VIA NOVILLO 918050003 918050009 R.S. 56/39-41 P 27 26 918080001 '\P \-\P 5C CL - 940280006 918050004 SECTIO\ 27 T.8S, '.3W 918050002 918050006 SEE SHEET 1 FOR LEGEND SEE SHEET 11 FOR COURSE TABLE 500 0 500 1.000 1 Scale 1" = 1,000' 918050005 \ SECTION 26 T. 8S, . 3W 918080006 N I- LLI w T (1) W W () ;' /ii''Ai VIN B. C AD DATE REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31-10 ANNEXATION TO CITY OF TEMECULA SPHERE OF INFLUENCE BEING A PORTION OF LAND LYING IN SECTIONS 23 - 28 AND SECTIONS 33 - 36, T. 8 S, R. 3 W, S.B.M. AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LAFCO NO. 2010 -XX -XX SHEET 9 OF 10 EXHIBIT "A" MUNICIPAL SERVICE REVIEW AND SPHERE OF INFLUENCE AMENDMENT (ADDITION) TO THE CITY OF TEMECULA (SANTA MARGARITA) AND THE TEMECULA COMMUNITY SERVICES DISTRICT (SUBSIDIARY) LAFCO NO. 2010 -XX -XX CO ASF SI I- -T # BEARING/DELTA DISTANCE/LENGTH RADIUS RECORD DATA PER COUNTY OF RECORD 1 N 73'40'46" E 282.62' 2 S 39'48'32" E 1694.79' RS 56/39-41 RIVERSIDE 3 S 00'00'00" W 2731.93' RS 56/39-41 RIVERSIDE 4 S 00'19'01" E 2654.01' 5 S 00'02'43" W 2697.75' 6 N 89'37'37" W 2666.28' 205/134-144 RIVERSIDE 7 S 00'17'07" W 2653.23' 205/134-144 RIVERSIDE 8 S 00'21'08" W 2618.49' 205/134-144 RIVERSIDE 9 N 89'55'18" W 5259.28' 205/134-144 RIVERSIDE 10 N 89'59'23" W 2741.72' ROS 8832/1-26 SAN DIEGO 11 S 88'59'17" W 2721.55' ROS 8832/1-26 SAN DIEGO 12 S 89'40'46" W 2707.45' ROS 8832/1-26 SAN DIEGO 13 N 89'27'23" W 2694.63' ROS 8832/1-26 SAN DIEGO 14 N 00'16'35" E 2637.86' RS 10/22 RIVERSIDE 15 N 00'22'47" E 1331.69' RS 10/22 RIVERSIDE 16 S 89'50'20" E 2653.19' RS 10/22 RIVERSIDE 17 N 00'22'10" W 1313.47' RS 10/22 RIVERSIDE 18 N 89'26'32" W 2636.01' RS 10/22 RIVERSIDE 19 N 00'29'50" E 1344.23' RS 10/22 RIVERSIDE 20 N 67'19'58" E 12997.33' RS 56/39-41 RIVERSIDE 21 S 00'00'20" E 999.86' PM 29/27-41 RIVERSIDE 22 N 51'51'46" E 815.78' PM 29/27-41 RIVERSIDE 23 A10'25'39" 564.18' 3100' PM 29/27-41 RIVERSIDE 24 N 41'26'07" E 333.94' PM 29/27-41 RIVERSIDE 25 S 06'17'41" E 37.87' PM 29/27-41 RIVERSIDE 26 S 45'00'21" E 86.00' PM 29/27-41 RIVERSIDE 27 N 87'14'44" E 1138.19' PM 29/27-41 RIVERSIDE 28 N 60'47'31" E 835.90' PM 29/27-41 RIVERSIDE 29 N 76'29'23" E 457.79' PM 29/27-41 RIVERSIDE 30 N 07'27'46" E 918.42' PM 29/27-41 RIVERSIDE 31 N 28'00'57" W 466.70' PM 29/27-41 RIVERSIDE 32 A 15'00'28" 157.16' 600' PM 29/27-41 RIVERSIDE 33 N 46'58'35" E 714.57' PM 29/27-41 RIVERSIDE 34 A 26'42'11" 279.63' 600' PM 29/27-41 RIVERSIDE 35 N 73'40'46" E 1016.47' PM 29/27-41 RIVERSIDE VIN B. CC2AD DATE REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31 -10 ANNEXATION TO CITY OF TEMECULA SPHERE OF INFLUENCE BEING A PORTION OF LAND LYING IN SECTIONS 23 - 28 AND SECTIONS 33 - 36, T. 8 S, R. 3 W, S.B.M. AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LAFCO NO. 2010 -XX -XX SHEET 10 OF 10 DRAFT RESOLUTION NO. 10 - RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AS THE SANTA MARGARITA AREA ANNEXATION NO. 2 COMPRISED OF APPROXIMATELY 4,510 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE PRE- EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE -15 AND NORTH OF THE SAN DIEGO/RIVERSIDE COUNTY BOUNDARY TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT PURSUANT TO THE CORTESE-KNOX- HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000, COMMENCING WITH SECTION 56000 OF THE CALIFORNIA GOVERNMENT CODE (LR09-0024) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. On December 9, 2008, the City Council adopted Resolution No. 08-110 certifying the Final Environmental Impact Report prepared for the Santa Margarita Area Annexation (No. 1), a proposed expansion of the City of Temecula's Sphere of Influence and Annexation to the City of Temecula and the Temecula Community Services District of approximately 4,997 acres located immediately southwest of the City of Temecula Boundary line, west of Interstate -15. The City Council also adopted findings pursuant to the California Environmental Quality Act, adopted a statement of overriding considerations and adopted a mitigation monitoring and reporting program in connection therewith (collectively, "Certified Final Environmental Impact Report" or "Certified Final EIR"). B. On December 9, 2008, the City Council adopted Resolution Nos. 08-111 and 08-112 to apply to the Local Agency Formation Commission ("LAFCO") for an expansion of the City of Temecula's Sphere of Influence and Annexation to the City of Temecula and the Temecula Community Services District of approximately 4,997 acres located immediately southwest of the City of Temecula Boundary line, west of Interstate -15 ("Santa Margarita Annexation Area") DRAFT C. On December 9, 2008, the City Council adopted Resolution No. 08-113 amending the General Land Use Map within the Santa Margarita Area Annexation, contingent upon LAFCO's approval of the annexation. D. On December 9, 2008, the City Council adopted Ordinance No. 08-14 prezoning the territory of the Santa Margarita Area Annexation, contingent upon LAFCO's approval of the annexation. E. On December 9, 2008, the City Council adopted Ordinance No. 08-15 amending the official zoning map of the City of Temecula by adopting zoning designations Hillside -Santa Margarita (SM) and Open Space Conservation District — Santa Margarita (OS -C -SM) and adopting Hillside Development Standards for the Santa Margarita Area Annexation, contingent upon LAFCO's approval of the annexation. F. Thereafter, the City of Temecula submitted to LAFCO a Sphere of Influence Amendment Application and Annexation Application along with requisite application submittal documents in connection therewith for the Santa Margarita Area Annexation proposal ("LAFCO Applications"). G. On May 12, 2009, the City Council adopted Resolution No. 09-42 confirming that the proposal for the Santa Margarita Area Annexation was pursuant to the Cortese - Knox -Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code. H. On June 4, 2009, LAFCO denied the LAFCO Applications made by the City for the Santa Margarita Area Annexation proposal and approved the City's Municipal Service Review; and adopted resolutions in connection therewith on June 25, 2009. I. On July 23, 2009, the City of Temecula submitted an Application for Reconsideration by LAFCO of the LAFCO Applications for the Santa Margarita Area Annexation proposal. The City's proposal removed approximately 487 acres of the southeast corner of the uninhabited 4,997 -acre Santa Margarita Area Annexation territory, and included revised boundaries of the Sphere of Influence expansion from 4,443 acres to 4,126 acres to match the boundaries of the area to be annexed to the City of Temecula and the Temecula Community Services District comprising of 4,510 acres of that certain uninhabited territory located immediately southwest of the City of Temecula boundary line, west of Interstate 15, and north of the San Diego/Riverside County boundary ("Santa Margarita Area Annexation No. 2"). A legal description of the proposed annexation territory of the Santa Margarita Area Annexation No. 2 proposal is attached hereto as ExhibitA and incorporated herein as though set forth in full. J. On September 24, 2009 LAFCO denied the City's Application for Reconsideration and determined the City of Temecula must file a new LAFCO Sphere of Influence Amendment Application and a new LAFCO Annexation Application to proceed with the Santa Margarita Area Annexation No. 2 proposal. DRAFT K. On December 3, 2009 LAFCO voted unanimously to waive the one-year waiting period to allow the City to proceed with LAFCO Sphere of Influence Amendment and Annexation Applications forthe Santa Margarita Area Annexation No. 2 proposal and LAFCO approved a reduction in the application fees by fifty percent. L. On January 12, 2010, the City Council adopted Resolution No. 10-03 authorizing the preparation of documents and actions necessary to proceed with a Sphere of Influence Amendment and Annexation Application for the Santa Margarita Area Annexation No. 2 proposal pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000 commencing with Section 56000 of the California Government Code. M. The City of Temecula proceeded with the preparation of documents associated with the Santa Margarita Area Annexation No. 2 proposal including a General Plan amendment to the Land Use Map, zoning amendment to Title 17 of the Temecula Municipal Code including hillside development standards and pre -zoning designations, and Sphere of influence and Annexation applications (LR09-0024) in a manner in accord with the City of Temecula General Plan and Municipal Code and are hereby incorporated by reference, for the property consisting of approximately 4,510 acres located immediately southwest of the City of Temecula boundary, west of Interstate 15 and north of the San Diego County/Riverside County boundary referred to as the Santa Margarita Area Annexation No. 2 proposal (collectively, the "Amendment"). N. The Amendment was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act and pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000 commencing with section 56000 of the California Government Code. O. An Addendum to the Certified Final EIR was prepared forthe Santa Margarita Area Annexation No. 1 ("Addendum") in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") to address the reduced boundaries of the Santa Margarita Area Annexation proposal that comprise the Santa Margarita Annexation Area No. 2 proposal. P. The Planning Commission considered the Addendum to the Certified Final EIR and the various components of the Amendment on February 3, 2010, ata duly noticed public hearing as prescribed by law, at which time the City staff presented its report and interested persons had an opportunity to and did testify either in support or in opposition to this matter. Q. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Amendment and Addendum to the Certified Final EIR, the Planning Commission adopted Resolution No. 10 - recommending that the City Council approve the Addendum to the Certified Final EIR, DRAFT adopt findings pursuant to the California Environmental Quality Act, adopt a Statement of Overriding Considerations and adopt a Mitigation Monitoring and Reporting Program. R. All legal preconditions to the adoption of this Resolution have occurred. S. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Amendment, the Planning Commission adopted Resolution No. 10- recommending that the City Council approve the Amendment including (1) approve a Resolution amending the General Plan Land Use Element to incorporate Hillside Residential (HR) and Open Space (OS) as the General Plan Land Use Designations within the Santa Margarita Area Annexation No 2; (2) approve a pre -zoning Ordinance for the pre -zoning of the Santa Margarita Area Annexation No. 2; and (3) approve a zoning Ordinance amending Title 17 of the Temecula Municipal Code and amending the official zoning map of the City of Temecula by adopting zoning designations Hillside Residential -Santa Margarita (HR -SM) and Conservation District -Santa Margarita (OS -C -SM) and adopting Hillside Development Standards for a pre -zoning of the Santa Margarita Area Annexation No. 2. T. On [INSERT DATE] the City mailed a notice to LAFCO, each interested agency and each subject agency that on [INSERT DATE] the City of Temecula City Council would be considering the adoption of this proposed Resolution of Application requesting the local agency formation commission to take proceedings to extend the City of Temecula's sphere of influence for the Santa Margarita Area Annexation no. 2 proposal described above. This notice was mailed twenty-one days prior to the City Council hearing pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000, section 56654. U. On [INSERT DATE], the City Council of the City of Temecula considered the Addendum to the Certified Final EIR, the Certified Final EIR, and the various components of the Amendment, at a duly noticed public hearing as prescribed by law, at which time the City staff presented its report and interested persons had an opportunity to and did testify either in support or in opposition to this matter. After considering all the testimony and comments and the entire record concerning the components of the Amendment and the Addendum to the Certified Final EIR, the City Council approved the Addendum to the Certified Final EIR and adopted findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program pursuant to the California Environmental Quality Act in connection therewith for the Santa Margarita Area Annexation No. 2. V. At this same hearing, the City Council of the City of Temecula considered the proposed Amendment at which time all persons interested in the proposed Amendment had the opportunity to, and did, address the City Council on these matters. Following receipt of all public testimony the City Council closed the hearing. The City Council of the City of Temecula considered the proposed Amendment, including the General Plan Amendment, Pre -Zoning Ordinance, and Zoning Code Amendment, and all the comments and testimony thereon and the entire record concerning the Santa Margarita Area DRAFT Annexation No. 2 proposal, and the City Council adopted Resolution No. adopting the General Plan Amendment and gave the first reading of the Pre -Zoning Ordinance No. _ and Zoning Code Amendment Ordinance No. . On [INSERT DATE] the City held the second readings of and adopted Pre -Zoning Ordinance No. and Zoning Code Amendment No. W. On [INSERT DATE], the City Council of the City of Temecula considered a proposed Sphere of Influence expansion and adopted a Resolution requesting LAFCO to begin proceedings to consider expansion of the City's Sphere of Influence to include the Santa Margarita Area Annexation No. 2 territory. X. The proposed Santa Margarita Area Annexation No. 2 to the city of Temecula and the Temecula Community Services District is uninhabited, and a description of the boundaries of the territory is as set forth above and attached hereto as Exhibit A. Y. This Annexation proposal is consistent with the Sphere of Influence expansion requested in Resolution No. 14- adopted by the City on [INSERT DATE] as noted above. Z. The City of Temecula has introduced pre -zoning ordinances for the Santa Margarita Area Annexation No. 2 as of the date of this Resolution. Copies of the adopted ordinances will be filed concurrently with this resolution along with the City's LAFCO application documentation including a prepared plan for providing services to the annexation area. AA. The reasons for the proposed annexation of the Santa Margarita Area Annexation No. 2 to the City of Temecula and the Temecula Community Services District are as follows: (1) The Santa Margarita Ecological Reserve ("SMER") is now partially within the City's jurisdiction. Based upon its close proximity, the City believes the balance of the SMER that is within Riverside County should be located within the City's Sphere of Influence. Placing the area of the SMER that is within the County of Riverside and not already within the City's boundaries, as well as some surrounding residential lots that include residents who wish to be a part of the City of Temecula, would allow the City to ensure the protection and preservation of the SMER, and ensure that any development within the territory of the Santa Margarita Area Annexation No. 2 does not occur in a manner that is incompatible with the SMER. Further, the boundaries of the SMER contiguously extend through three jurisdictions including the City of Temecula, the County of Riverside and the County of San Diego and, therefore, annexation of the County of Riverside SMER area to be within the City of Temecula would reduce the jurisdictional variation of the SMER. DRAFT (2) To protect and preserve the Santa Margarita Ecological Reserve as Open Space and an educational resource and protect and preserve the Santa Margarita River; (3) To protect the biological resources located within the territory of the Santa Margarita Area Annexation No. 2. 181 animal species and an additional 331 plant species have been documented and observed within the Santa Margarita Ecological Reserve including 20 sensitive species identified by the Department of Fish and Game as occurring within or in proximity to the territory of the proposed Santa Margarita Area Annexation No. 2. Section 2. The City Council of the City of Temecula hereby directs the City Manager to file this Resolution, and any necessary application documents with LAFCO, and hereby requests the LAFCO to take all proceedings necessary for the annexation of certain territory described herein as the Santa Margarita Area Annexation No. 2 to the City of Temecula and the Temecula Community Services District as described in Exhibit A to this Resolution pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000 commencing with Section 56000 of the California Government Code, with LAFCO. DRAFT PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 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, do hereby certify that the foregoing Resolution No. 10- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT "A" REORGANIZATION TO INCLUDE ANNEXATION TO THE CITY OF TEMECULA (SANTA MARGARITA) AND THE TEMECULA COMMUNITY SERVICES DISTRICT (SUBSIDIARY) AND CONCURRENT DETACHMENTS FROM COUNTY SERVICE AREA 152 AND THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT LAFCO NO. 2010 -XX -XX LEGAL DESCRIPTION THAT CERTAIN PARCEL OF LAND LYING IN SECTIONS 23 THROUGH 28 INCLUSIVE AND SECTIONS 33 THROUGH 36 INCLUSIVE, TOWNSHIP 8 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO AND THE TEMECULA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF VIA GORRION AND CAMINO ESTRIBO AS SHOWN BY PARCEL MAP NO. 6835, ON FILE IN BOOK 29, PAGES 27 THROUGH 41 INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY; THENCE NORTH 73° 40' 46" EAST ALONG THE CENTERLINE OF SAID CAMINO ® ESTRIBO, A DISTANCE OF 387.96 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 3000.00 FEET; ® THENCE ALONG SAID CURVE AND SAID CENTERLINE EASTERLY THROUGH A CENTRAL ANGLE OF 08° 03' 21", AN ARC LENGTH OF 421.80 FEET; THENCE ALONG SAID CENTERLINE NORTH 81° 44' 07" EAST, A DISTANCE OF ® 499.39 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 200.00 FEET; ® THENCE ALONG SAID CURVE HAVING A RADIUS OF 200.00 FEET AND SAID CENTERLINE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 34' 39' 10", AN ARC LENGTH OF 120.96 FEET; THENCE ALONG SAID CENTERLINE NORTH 47° 04' 57" EAST, A DISTANCE OF O 329.51 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 200.00 FEET; © THENCE ALONG SAID CURVE HAVING A RADIUS OF 200.00 FEET AND SAID CENTERLINE NORTHERLY THROUGH A CENTRAL ANGLE OF 56° 40' 03", AN ARC LENGTH OF 197.81 FEET; THENCE ALONG SAID CENTERLINE NORTH 09' 35' 06" WEST, A DISTANCE OF O 153.94 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY BOUNDARY OF SAID PARCEL MAP NO. 6835; THENCE SOUTH 49° 08' 24" EAST, A DISTANCE OF 716.40 FEET ALONG SAID ® EASTERLY BOUNDARY TO THE MOST EASTERLY CORNER OF SAID PARCEL MAP NO. 6835 AND THE CITY OF TEMECULA BOUNDARY LINE; PAGE 1 OF 5 THENCE SOUTH 50' 06' 05" WEST, A DISTANCE OF 1696.11 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID MAP, ALSO BEING THE CITY OF TEMECULA BOUNDARY LINE, TO A POINT OF INTERSECTION WITH THE SOUTHWESTERLY BOUNDARY OF TEMECULA RANCHO AS SHOWN BY RECORD OF SURVEY FILED IN BOOK 56 PAGES 39 TO 41 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY; THENCE SOUTH 39' 48' 32" EAST ALONG SAID SOUTHWESTERLY BOUNDARY LINE, A DISTANCE OF 4514.27 FEET TO A POINT OF INTERSECTION WITH THE 10 WESTERLY RIGHT-OF-WAY LINE OF INTERSTATE 15 AS SHOWN BY CALIFORNIA DEPARTMENT OF TRANSPORTATION MONUMENTATION MAP NO. 436591 THROUGH 436595 INCLUSIVE ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY IN BOOK 204 PAGES 710 THROUGH 714 INCLUSIVE; 11 THENCE SOUTH 00° 28' 33" WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 680.30 FEET: 12 THENCE SOUTH 07° 15' 21" EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 230.22 FEET; THENCE SOUTH 15° 37' 52" EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 570.32 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE EASTERLY 13 AND HAVING A RADIUS OF 1700.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 82° 44' 00" WEST; THENCE ALONG SAID CURVE HAVING A RADIUS OF 1700.00 FEET AND SAID 14 RIGHT-OF-WAY LINE SOUTHERLY THROUGH A CENTRAL ANGLE OF 18° 12' 22", AN ARC LENGTH OF 540.19 FEET; THENCE SOUTH 79° 03' 38" WEST ALONG SAID RIGHT-OF-WAY LINE, A 15 DISTANCE OF 100.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 1800.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 79° 03' 38" WEST; THENCE ALONG SAID CURVE HAVING A RADIUS OF 1800.00 FEET, ALSO BEING 16 SAID RIGHT -OH -WAY LINE, SOUTHERLY THROUGH A CENTRAL ANGLE OF 03° 55' 38", AN ARC LENGTH OF 123.38 FEET; 17 THENCE SOUTH 14° 52' 00" EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 421.96 FEET; 18 THENCE SOUTH 04° 14' 48" EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 623.94 FEET; 19 THENCE SOUTH 00° 46' 48" WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 895.70 FEET; 20 THENCE SOUTH 07° 36' 10" WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 847.81 FEET; PAGE 2 OF 5 THENCE SOUTH 15' 38' 32" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 296.02 FEET TO THE POINT OF INTERSECTION WITH THE NORTH LINE OF 21 SECTION 36 AS SHOWN BY CALIFORNIA DEPARTMENT OF TRANSPORTATION MONUMENTATION MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY IN BOOK 205 PAGES 134 THROUGH 144 INCLUSIVE; 22 THENCE NORTH 89° 24' 01" WEST ALONG SAID NORTH LINE OF SECTION 36 A DISTANCE OF 2498.53 FEET TO THE NORTH 1/4 CORNER OF SAID SECTION 36 ; 23 THENCE NORTH 89° 37' 37" WEST ALONG SAID NORTH LINE OF SECTION 36 A DISTANCE OF 2666.28 FEET TO THE NORTHWEST CORNER OF SAID SECTION 36; THENCE SOUTH 00° 17' 07" WEST ALONG THE WEST SECTION LINE OF SAID 24 SECTION 36 A DISTANCE OF 2653.23 FEET TO THE WEST 1/4 CORNER OF SAID SECTION 36; THENCE SOUTH 00° 21' 08" WEST ALONG SAID SECTION LINE OF SECTION 36, A 25 DISTANCE OF 2618.49 FEET TO SOUTHWEST CORNER OF SAID SECTION 36, ALSO BEING A POINT ON THE SOUTHERLY LINE OF TOWNSHIP 8 SOUTH AS SHOWN ON SAID CALTRANS MONUMENTATION MAP; THENCE NORTH 89° 55' 18" WEST ALONG SAID TOWNSHIP LINE AND THE SOUTHERLY LINE OF SECTION 35, A DISTANCE OF 5259.28 FEET TO THE 26 SOUTHWEST CORNER OF SAID SECTION 35 AS SHOWN ON RECORD OF SURVEY 8832 PAGES 1 THROUGH 26 INCLUSIVE FILED IN BOOK OF RECORD OF SURVEY MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE NORTH 89° 59' 23" WEST ALONG SAID TOWNSHIP LINE AND THE 27 SOUTHERLY LINE OF SECTION 34, A DISTANCE OF 2741.72 FEET TO THE SOUTH 1/4 CORNER OF SAID SECTION 34; THENCE SOUTH 88' 59' 17" WEST ALONG SAID TOWNSHIP LINE AND SAID 28 SOUTHERLY LINE OF SECTION 34, A DISTANCE OF 2721.55 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 34; THENCE SOUTH 89° 40' 46" WEST ALONG SAID TOWNSHIP LINE AND THE 29 SOUTHERLY LINE OF SECTION 33, A DISTANCE OF 2707.45 FEET TO THE SOUTH 1/4 CORNER OF SAID SECTION 33; THENCE NORTH 89° 27' 23" WEST ALONG SAID TOWNSHIP LINE AND SAID 30 SOUTHERLY LINE OF SECTION 33, A DISTANCE OF 2694.63 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 33; THENCE NORTH 00° 16' 35" EAST ALONG THE WESTERLY LINE OF SAID SECTION 31 33, A DISTANCE OF 2637.86 FEET TO THE WEST 1/4 CORNER THEREOF, AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 10, PAGE 22, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA ; PAGE 3 OF 5 THENCE NORTH 00° 22' 47" EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 32 1331.69 FEET TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION; THENCE SOUTH 89° 50' 20" EAST ALONG THE SOUTHERLY LINE OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 33 , A DISTANCE OF 2653.19 33 FEET TO THE SOUTHEAST CORNER OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION; THENCE NORTH 00° 22' 10" WEST ALONG THE CENTER SECTION LINE OF SAID 34 SECTION 33, A DISTANCE OF 1313.47 FEET TO THE NORTH 1/4 CORNER THEREOF; 35 THENCE NORTH 89° 26' 32" WEST ALONG THE NORTHERLY LINE OF SAID SECTION 33, A DISTANCE OF 2636.01 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 00° 29' 50" EAST ALONG THE WESTERLY LINE OF SECTION 28, 36 A DISTANCE OF 1344.23 FEET TO THE SOUTHERLY BOUNDARY OF SANTA ROSA RANCHO AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 56 PAGE 39 THROUGH 41, RECORDS OF RIVERSIDE COUNTY; THENCE NORTH 67° 19' 58" EAST ALONG SAID SANTA ROSA RANCHO BOUNDARY 37 LINE, A DISTANCE OF 12997.33 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF LOT 92 PER SAID PARCEL MAP NO. 6835; THENCE SOUTH 00° 00' 20" EAST, A DISTANCE OF 999.86 FEET TO THE SOUTHERLY BOUNDARY OF THE METROPOLITAN WATER DISTRICT EASEMENT PER 38 INSTRUMENT NO. 109720 RECORDED 12-13-1967, ALSO SHOWN ON SAID PARCEL MAP NO. 6835; THENCE NORTH 51° 51' 46" EAST ALONG SAID SOUTHERLY EASEMENT LINE, A 39 DISTANCE OF 815.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3100.00 FEET; THENCE ALONG SAID CURVE HAVING A RADIUS OF 3100.00 FEET AND SAID 40 EASEMENT NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 10° 25' 39", AN ARC LENGTH OF 564.18 FEET; THENCE NORTH 41° 26' 07" EAST ALONG SAID SOUTHERLY EASEMENT LINE, A © DISTANCE OF 333.94 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF CAMINO GAZAPO AS SHOWN ON SAID PARCEL MAP NO. 6835; 42 THENCE SOUTH 06° 17' 41" EAST ALONG SAID CENTERLINE, A DISTANCE OF 37.87 FEET TO THE SOUTHERLY TERMINUS THEREOF; 43 THENCE SOUTH 45° 00' 21" EAST, A DISTANCE OF 86.00 FEET TO THE SOUTHERLY BOUNDARY LINE OF SAID PARCEL MAP NO. 6835; 44 THENCE NORTH 87° 14' 44" EAST ALONG SAID SOUTHERLY BOUNDARY LINE, A DISTANCE OF 1138.19 FEET; PAGE 4 OF 5 45 THENCE NORTH 60' 47' 31" EAST ALONG SAID SOUTHERLY BOUNDARY LINE, A DISTANCE OF 835.90 FEET; THENCE NORTH 76° 29' 23" EAST ALONG SAID SOUTHERLY BOUNDARY LINE, A 46 DISTANCE OF 457.79 FEET TO THE SOUTHEAST CORNER OF LOT 97 PER SAID PARCEL MAP NO. 6835; THENCE NORTH 07° 27' 46" EAST ALONG THE EASTERLY LINE OF SAID LOT 97, 47 A DISTANCE OF 918.42 FEET TO THE SOUTHEASTERLY TERMINUS OF THE CENTERLINE OF CAMINO POTRO PER SAID PARCEL MAP NO. 6835; THENCE NORTH 28° 00' 57" WEST 466.70 FEET ALONG SAID CENTERLINE TO AN INTERSECTION WITH THE CENTERLINE OF CAMINO ESTRIBO, SAID INTERSECTION 48 BEING ON A NON -TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 600.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 28° 00' 33" EAST; THENCE ALONG SAID CURVE HAVING A RADIUS OF 600.00 FEET AND SAID 49 CENTERLINE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 15° 00' 28", AN ARC LENGTH OF 157.16 FEET; THENCE NORTH 46° 58' 35" EAST, A DISTANCE OF 714.57 FEET ALONG SAID 50 CENTERLINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 600.00 FEET; THENCE ALONG SAID CURVE HAVING A RADIUS OF 600.00 FEET AND SAID 51 CENTERLINE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 26° 42' 1 1 ", AN ARC LENGTH OF 279.63 FEET ; 52 THENCE NORTH 73° 40' 46" EAST, A DISTANCE OF 1016.47 FEET ALONG SAID CENTERLINE, TO THE POINT OF BEGINNING. AREA = 4,520 ACRES, MORE OR LESS SEE ENCLOSED EXHIBIT "A" PREPARED BY ME OR UNDER MY SUPERVISION / ///r/ia EN B. CGZAD DATE REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31-10 PAGE 5 OF 5 EXHIBIT "A" REORGANIZATION TO INCLUDE ANNEXATION TO THE CITY OF TEMECULA (SANTA MARGARITA) AND THE TEMECULA COMMUNITY SERVICES DISTRICT (SUBSIDIARY) AND CONCURRENT DETACHMENTS FROM COUNTY SERVICE AREA 152 AND THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT LAFCO NO. 2010 -XX -XX VC\ ITY A\D SHEET INDEX , F TEM•• U • • • i"‘• // •�, 1 ••••%"' r N s. i FSHEET 9 RIVERSIDE SAN DIEGO COUNTY VICINITY MAP a000 0 IS oo r oo row Scale 1" = 12,000' COUNTY 1 LEGEND v AP 4,520 918001002 /////////i ANNEXATION BOUNDARY EXISTING CITY BOUNDARY ACRES MORE OR LESS ASSESSOR'S PARCEL NO. INDICATES EXISTING CITY OF TEMECULA BOUNDARY SHEET 8 ftSflT7 SHEET 6 SHEET INDEX MAP 3,000 0 00 a o0 9 Scale 1" = 6,000' - w K IN B. CSZAD DATE REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31-10 ANNEXATION TO CITY OF TEMECULA BEING A PORTION OF LAND LYING IN SECTIONS 23 - 28 AND SECTIONS 33 - 36, T. 8 S, R. 3 W, S.B.M. AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO AND THE TEMECULA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LAFCO NO. 2010 -XX -XX SHEET 1 OF 12 0 EXHIBIT "A" REORGANIZATION TO INCLUDE ANNEXATION TO THE CITY OF TEMECULA (SANTA MARGARITA) AND THE TEMECULA COMMUNITY SERVICES DISTRICT (SUBSIDIARY) AND CONCURRENT DETACHMENTS FROM COUNTY SERVICE AREA 152 AND THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT LAFCO NO. 2010 -XX -XX VZ/ZO VIA /1/ ---..\\\ C_) // 3 o P.O.B. CAMINO ESTRIBO - 940250006 J'cP. ® �_"�"" 1 940250002 CAMINO ESTRIBO oo_ \ 940260004 \\ VIA NOVILLO //J W LJ "P (f) S Pi CAMINO POTRO LJ W (f) 1 940260002 \60005 \ , }------ 940250003 940260001 CAMINO GAZAPO M.W.D. R/W 46 918070012 940280006 918080002 918070011 23 918080003 26 SEE SHEET 1 FOR LEGEND SEE SHEET 11 FOR COURSE TABLE 500 0 500 1000 1 Scale 1" = 1,000' 56/39-41 PV 10814 i P.V 3. 78 918070014PAGES 5-8 SE-CTIO\ 24 T.8S, R.3W 918070018 24 25 918080010 EXISTING CITY \OF TEMECULA BOUNDARY 10 918070019 918080011 LJ W W W EVIN B. C1ZAD DATE REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31-10 ANNEXATION TO CITY OF TEMECULA BEING A PORTION OF LAND LYING IN SECTIONS 23 - 28 AND SECTIONS 33 - 36, T. 8 S, R. 3 W, S.B.M. AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO AND THE TEMECULA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LAFCO NO. 2010 -XX -XX SHEET 2 OF 12 EXHIBIT "A" REORGANIZATION TO INCLUDE ANNEXATION TO THE CITY OF TEMECULA (SANTA MARGARITA) AND THE TEMECULA COMMUNITY SERVICES DISTRICT (SUBSIDIARY) AND CONCURRENT DETACHMENTS FROM COUNTY SERVICE AREA 152 AND THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT LAFCO NO. 2010 -XX -XX 56/39-41 j RV 10814 P.M.3. 78 PAGES 5-8 918070014 SECTION 24 T.BS, �.3W 918070018 918080010 SEE SHEET 2 H SECTIO\ 25 T.8S, �.3W EXISTING CITY r OF TEMECULA BOUNDARY 918070019 918080011 SEE SHEET 4 SEE SHEET 1 FOR LEGEND SEE SHEET 11 FOR COURSE TABLE 500 0 sao t Scale 1" = 1,000' 918080008 918080009 Q O W Q LiJ 71- 71- rY L j CV L) Owl El N O O O � U 14/ 0 (R) EVIN B. oZAD DATE REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31-10 ANNEXATION TO CITY OF TEMECULA BEING A PORTION OF LAND LYING IN SECTIONS 23 - 28 AND SECTIONS 33 - 36, T. 8 S, R. 3 W, S.B.M. AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO AND THE TEMECULA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LAFCO NO. 2010 -XX -XX SHEET 3 OF 12 EXHIBIT "A" REORGANIZATION TO INCLUDE ANNEXATION TO THE CITY OF TEMECULA (SANTA MARGARITA) AND THE TEMECULA COMMUNITY SERVICES DISTRICT (SUBSIDIARY) AND CONCURRENT DETACHMENTS FROM COUNTY SERVICE AREA 152 AND THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT LAFCO NO. 2010 -XX -XX SEE SHEET 1 FOR LEGEND SEE SHEET 3 SEE SHEET 11 FOR COURSE TABLE 918080010 918080009 1 L 0 579'03'38C i 0 Q l `'- - Q C1 i SECTIO\ 25 o d T.8S, .3Wo N © d' 9180800110 �•QN CS o0 ® () _. I I I r--- ---t----1 I I 1 I I I L----L---1____J I I I I I I SECTIO — — — — i --- i T.BS, 1 1 I 1 I I I rJ \ 36 CJ 0 .3W / --_\. / .- SEE SHEET 5 500 0 500 1,000 1 Scale 1" = 1,000' EXISTING CITY OF TEMECULA BOUNDARY >— W LnI /X 9Xd VIN B. COZAD DATE REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31-10 ANNEXATION TO CITY OF TEMECULA BEING A PORTION OF LAND LYING IN SECTIONS 23 - 28 AND SECTIONS 33 - 36, T. 8 S, R. 3 W, S.B.M. AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO AND THE TEMECULA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LAFCO NO. 2010 -XX -XX SHEET 4 OF 12 EXHIBIT "A" REORGANIZATION TO INCLUDE ANNEXATION TO THE CITY OF TEMECULA (SANTA MARGARITA) AND THE TEMECULA COMMUNITY SERVICES DISTRICT (SUBSIDIARY) AND CONCURRENT DETACHMENTS FROM COUNTY SERVICE AREA 152 AND THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT LAFCO NO. 2010 -XX -XX SEE SHEET 1 SEE SHEET 1 1 FOR LEGEND SEE SHEET 4 FOR COURSE TABLE 26 35! 918060007 w w z w 918060018 35� 25 36 918080010 918080011 1 1 1 1 1------r----I-----1 1 1 1 I I 1 1 I L___J—___1____1 / 1 1 1 J 1 I 1r __ 1 1 I I --I 1 I I 1 / 1 --- _-5c0 1 1 .S. 119/8 / v- +--- - -- + H 1 .\O -jv i I I 1 / E- 1---i , --- I 1 / �� + ---------f----h---1----Lj . (V ''' ) i / / / I I I I I I I I I ----+----+----+--- I I I I I I 1 �.S. 119/88 / /'/ /�( O - / O C��O � ——{_\. / v �� -- 36 1 I --_1 S0. LINEL F T_8S RIVERSIDE COU\TY S. D. CO. R.O.S. 8832 SAN DIEGO COU\TY 500 0 500 1.000 1 Scale 1" = 1,000' Zed/ /gid EVIN B. COZAD DATE REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31-10 ANNEXATION TO CITY OF TEMECULA BEING A PORTION OF LAND LYING IN SECTIONS 23 - 28 AND SECTIONS 33 - 36, T. 8 S, R. 3 W, S.B.M. AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO AND THE TEMECULA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LAFCO NO. 2010 -XX -XX SHEET 5 OF 12 EXHIBIT "A" REORGANIZATION TO INCLUDE ANNEXATION TO THE CITY OF TEMECULA (SANTA MARGARITA) AND THE TEMECULA COMMUNITY SERVICES DISTRICT (SUBSIDIARY) AND CONCURRENT DETACHMENTS FROM COUNTY SERVICE AREA 152 AND THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT LAFCO NO. 2010 -XX -XX 918060019 918060015 918060013 SECTION 35 T.8S, �.3W 918060014 3/1 35 918060021 918060022 - - RAINBOW GLEN 918060023 - -�I 918060011 IVERSIDEF 918060024 II COUNTY 918060008 918060009 I918060010 LEMAIRE DRJ W W () S 1/4 918060018 RD. 35 918090026 I - - - -} 918090030 I - -H 918090034 1 918090038 1 36 1 w w (.n SEC 35 S.D.CO. Q.O.S. 8832 SA\ DIEGO COUNTY SEE SHEET 1 FOR LEGEND SEE SHEET 11 FOR COURSE TABLE ew 0 500 1 o0o t Scale 1" = 1,000' ;e4f? VIN B. COZAD DATE REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31-10 ANNEXATION TO CITY OF TEMECULA BEING A PORTION OF LAND LYING IN SECTIONS 23 - 28 AND SECTIONS 33 - 36, T. 8 S, R. 3 W, S.B.M. AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO AND THE TEMECULA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LAFCO NO. 2010 -XX -XX SHEET 6 OF 12 EXHIBIT "A" REORGANIZATION TO INCLUDE ANNEXATION TO THE CITY OF TEMECULA (SANTA MARGARITA) AND THE TEMECULA COMMUNITY SERVICES DISTRICT (SUBSIDIARY) AND CONCURRENT DETACHMENTS FROM COUNTY SERVICE AREA 152 AND THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT LAFCO NO. 2010 -XX -XX co W 33 W (1) 918060017 RIVERSIDE 918060001 - / r I/ 918060002 J' 11 ;1'918060003 (1 L I/ - / 918060019 V SECTION 34 T.8S, R.3W S 1/4 SEC 34 COU \ TY S. D. CO. R.O.S. 8832 SA\ DIEGO COUNTY SEE SHEET 1 FOR LEGEND SEE SHEET 11 FOR COURSE TABLE 300 0 500 1 00 1 Scale 1" = 1,000' 918060015 3/l 35 w ® CI) W W (1) EVIN B COZAD DATE REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31-10 ANNEXATION TO CITY OF TEMECULA BEING A PORTION OF LAND LYING IN SECTIONS 23 • 28 AND SECTIONS 33 - 36, T. 8 S, R. 3 W, S.B.M. AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO AND THE TEMECULA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LAFCO NO. 2010 -XX -XX SHEET 7 OF 12 EXHIBIT "A" REORGANIZATION TO INCLUDE ANNEXATION TO THE CITY OF TEMECULA (SANTA MARGARITA) AND THE TEMECULA COMMUNITY SERVICES DISTRICT (SUBSIDIARY) AND CONCURRENT DETACHMENTS FROM COUNTY SERVICE AREA 152 AND THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT LAFCO NO. 2010 -XX -XX (..-N 1/16 SEC 33 ® .S 10/22 W 1/4 SEC 33 SEE SHEET 9 1 C -N 1/16 7---- SEC 33 918040004 SECTIO\ 33 T. 8S, . 3W r 32 33 918040012 918040003 L L 918040011 S 1/4 'IVESIDE SEC 33 COUNTY 1 918060017 33 3/1 ® ____J S. D. CO. .0.S. 8832 SA\ DIEGO COU\TY SEE SHEET 1 FOR LEGEND SEE SHEET 11 FOR COURSE TABLE 1 sw 0 eao0 1111 Scale 1" = 1,000' / 77/ EVIN OOZAD DATE REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31-10 W W (f) Lu L1J ANNEXATION TO CITY OF TEMECULA BEING A PORTION OF LAND LYING IN SECTIONS 23 - 28 AND SECTIONS 33 - 36, T. 8 S, R. 3 W, S.B.M. AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO AND THE TEMECULA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LAFCO NO. 2010 -XX -XX SHEET 8 OF 12 2928 32 33 ® EXHIBIT "A" REORGANIZATION TO INCLUDE ANNEXATION TO THE CITY OF TEMECULA (SANTA MARGARITA) AND THE TEMECULA COMMUNITY SERVICES DISTRICT (SUBSIDIARY) AND CONCURRENT DETACHMENTS FROM COUNTY SERVICE AREA 152 AND THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT LAFCO NO. 2010 -XX -XX I\ .S. 56/39-41 SECTIO\ 28 T. 8S, . 3W 918050001 N 1/4 7 -SEC 33 R.S. 10/22 N 1/16 /SEC 33 SEE 918040004 LC -N 1/16 �SEC 33 SHEET 8 SEE SHEET 1 FOR LEGEND SEE SHEET 11 FOR COURSE TABLE 500 0 500 1 ao 1 Scale 1" = 1,000' 28 /' 27 33 918040003 L 1 34 / 918050002 918060001 EVIN B. ZAD 0?h' REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31-10 0 I- W W 1(f) w W ANNEXATION TO CITY OF TEMECULA BEING A PORTION OF LAND LYING IN SECTIONS 23 - 28 AND SECTIONS 33 - 36, T. 8 S, R. 3 W, S.B.M. AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO AND THE TEMECULA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LAFCO NO. 2010 -XX -XX SHEET 9 OF 12 O) LJ LJ (f) W W (I) EXHIBIT "A" REORGANIZATION TO INCLUDE ANNEXATION TO THE CITY OF TEMECULA (SANTA MARGARITA) AND THE TEMECULA COMMUNITY SERVICES DISTRICT (SUBSIDIARY) AND CONCURRENT DETACHMENTS FROM COUNTY SERVICE AREA 152 AND THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT LAFCO NO. 2010 -XX -XX 0,0 \- \-°- OSP Z° AA\ S Z GC- C/L CAMINO GAZAPO 2 J2726 918070008 918050009 R.S. 56/39-41 e /?1 940280006 WESTERLY LINE OF LOT 92 OF PM 6835 918080001 918050004 SECTION 27 T.8S, �.3W 918050002 918050006 SEE SHEET 1 FOR LEGEND SEE SHEET 11 FOR COURSE TABLE 500 0 500 1000 1 Scale 1" = 1,000' 918050005 SECTION 26 T. 8S, 3W 918080006 N w (f) W W (1) 6/9 //// 9 O EVIN B. COZAD DATE REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31-10 ANNEXATION TO CITY OF TEMECULA BEING A PORTION OF LAND LYING IN SECTIONS 23 - 28 AND SECTIONS 33 - 36, T. 8 S, R. 3 W, S.B.M. AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO AND THE TEMECULA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LAFCO NO. 2010 -XX -XX SHEET 10 OF 12 EXHIBIT "A" REORGANIZATION TO INCLUDE ANNEXATION TO THE CITY OF TEMECULA (SANTA MARGARITA) AND THE TEMECULA COMMUNITY SERVICES DISTRICT (SUBSIDIARY) AND CONCURRENT DETACHMENTS FROM COUNTY SERVICE AREA 152 AND THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT LAFCO NO, 2010 -XX -XX COJRS S -T # BEARING/DELTA DISTANCE/LENGTH RADIUS RECORD DATA PER COUNTY OF RECORD 1 N 73'40'46" E 387.96' PM 29/27-41 RIVERSIDE 2 A 08'03'21" 421.80' 3000' PM 29/27-41 RIVERSIDE 3 N 81'44'07" E 499.39' PM 29/27-41 RIVERSIDE 4 A34'39'10" 120.96' 200' PM 29/27-41 RIVERSIDE 5 N 47'04'57" E 329.51' PM 29/27-41 RIVERSIDE 6 A 56'40'03" 197.81' 200' PM 29/27-41 RIVERSIDE 7 N 09'35'06" W 153.94' PM 29/27-41 RIVERSIDE 8 S 49'08'24" E 716.40' PM 29/27-41 RIVERSIDE 9 S 50'06'05" W 1696.11' PM 29/27-41 RIVERSIDE 10 S 39'48'32" E 4514.27' RS 56/39-41 RIVERSIDE 11 S 00'28'33" W 680.30' 204/710-714 RIVERSIDE 12 S 07'15'21" E 230.22' 204/710-714 RIVERSIDE 13 S 15'37'52" E 570.32' 204/710-714 RIVERSIDE 14 A18'12'22" 540.19' 1700' 204/710-714 RIVERSIDE 15 S 79'03'38" W 100.00' 204/710-714 RIVERSIDE 16 A 03'55'38" 123.38' 1800' 204/710-714 RIVERSIDE 17 S 14'52'00" E 421.96' 204/710-714 RIVERSIDE 18 S 04'14'48" E 623.94' 204/710-714 RIVERSIDE 19 S 00'46'48" W 895.70' 204/710-714 RIVERSIDE 20 S 07'36'10" W 847.81' 204/710-714 RIVERSIDE 21 S 15'38'32" W 296.02' 204/710-714 RIVERSIDE 22 N 89'24'01" W 2498.53' 205/134-144 RIVERSIDE 23 N 89'37'37" W 2666.28' 205/134-144 RIVERSIDE 24 S 00'17'07" W 2653.23' 205/134-144 RIVERSIDE 25 S 00'21'08" W 2618.49' 205/134-144 RIVERSIDE /9/ r\EVIN B. COZAD DATE REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31-10 ANNEXATION TO CITY OF TEMECULA BEING A PORTION OF LAND LYING IN SECTIONS 23 - 28 AND SECTIONS 33 - 36, T. 8 S, R. 3 W, S.B.M. AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO AND THE TEMECULA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LAFCO NO. 2010 -XX -XX SHEET 11 OF 12 EXHIBIT "A" REORGANIZATION TO INCLUDE ANNEXATION TO THE CITY OF TEMECULA (SANTA MARGARITA) AND THE TEMECULA COMMUNITY SERVICES DISTRICT (SUBSIDIARY) AND CONCURRENT DETACHMENTS FROM COUNTY SERVICE AREA 152 AND THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT LAFCO NO. 2010 -XX -XX CORS S -f T # BEARING/DELTA DISTANCE/LENGTH RADIUS RECORD DATA PER COUNTY OF RECORD 26 N 89'55'18" W 5259.28' 205/134-144 RIVERSIDE 27 N 89'59'23" W 2741.72' ROS 8832/1-26 SAN DIEGO 28 S 88'59'17" W 2721.55' ROS 8832/1-26 SAN DIEGO 29 S 89'40'46" W 2707.45' ROS 8832/1-26 SAN DIEGO 30 N 89'27'23" W 2694.63' ROS 8832/1-26 SAN DIEGO 31 N 00'16'35" E 2637.86' RS 10/22 RIVERSIDE 32 N 00'22'47" E 1331.69' RS 10/22 RIVERSIDE 33 S 89'50'20" E 2653.19' RS 10/22 RIVERSIDE 34 N 00'22'10" W 1313.47' RS 10/22 RIVERSIDE 35 N 89'26'32" W 2636.01' RS 10/22 RIVERSIDE 36 N 00'29'50" E 1344.23' 37 N 67'19'58" E 12997.33' RS 56/39-41 RIVERSIDE 38 S 00'00'20" E 999.86' PM 29/27-41 RIVERSIDE 39 N 51'51'46" E 815.78' PM 29/27-41 RIVERSIDE 40 A 10'25'39" 564.18' 3100' PM 29/27-41 RIVERSIDE 41 N 41'26'07" E 333.94' PM 29/27-41 RIVERSIDE 42 S 06'17'41" E 37.87' PM 29/27-41 RIVERSIDE 43 S 45'00'21" E 86.00' PM 29/27-41 RIVERSIDE 44 N 87'14'44" E 1138.19' PM 29/27-41 RIVERSIDE 45 N 60'47'31" E 835.90' PM 29/27-41 RIVERSIDE 46 N 76'29'23" E 457.79' PM 29/27-41 RIVERSIDE 47 N 07'27'46" E 918.42' PM 29/27-41 RIVERSIDE 48 N 28'00'57" W 466.70' PM 29/27-41 RIVERSIDE 49 A15'00'28" 157.16' 600' PM 29/27-41 RIVERSIDE 50 N 46'58'35" E 714.57' PM 29/27-41 RIVERSIDE 51 0 26'42'11" 279.63' 600' PM 29/27-41 RIVERSIDE 52 N 73'40'46" E 1016.47' PM 29/27-41 RIVERSIDE �s7/(o -KEVIN B. C ZAD DATE REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31-10 ANNEXATION TO CITY OF TEMECULA BEING A PORTION OF LAND LYING IN SECTIONS 23 - 28 AND SECTIONS 33 - 36, T. 8 S, R. 3 W, S.B.M. AND ALSO LYING WITHIN A PORTION OF THE SANTA ROSA RANCHO AND THE TEMECULA RANCHO, SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LAFCO NO. 2010 -XX -XX SHEET 12 OF 12 The proposed Santa Margarita Area Annexation, Sphere of Influence Expansion, General Plan Amendment, Pre -Zoning and Zoning Amendment are consistent with goals, policies and implementation programs as in the adopted City of Temecula General Plan including but not limited to the goals and policies outlined in table 3.4-3 of the Draft Environmental Impact Report, and the General Plan goals, policies and implementation programs outlined below: Land Use Element Goals and Policies Goal 6: A development pattern that preserves aesthetics and enhances the environmental resources of the Planning Area. • Policy 6.1: Preserve the natural aesthetic quality of the hillsides and reduce hazards associated with hillside development within the Planning Area. • Policy 6.3: Conserve the natural resources of area watercourses, including the Santa Gertrudis, Temecula and Murrieta Creeks, through appropriate development densities, managing stormwater run-off, and conservation site planning. • Policy 6.4: Protect and enhance significant ecological and biological resources within and surrounding Temecula. Open Space/Conservation Element Goals and Policies Goal 2: Conservation and protection of surface water, groundwater and imported water resources. • Policy 2.1: Coordinate with the Riverside County Flood Control District to design flood control improvements that preserve, to the maximum extent feasible, important natural resources of the local creeks and riparian forests of the Santa Margarita River, • Policy 2.9: Participate in regional planning efforts for the Santa Margarita River Watershed in conjunction with federal, state, regional and local agencies, and non-profit organizations. Goal 3: Conservation of important biological habitat and protection of plant and animal species of concern, wildlife movement corridors, and general biodiversity. • Policy 3.1: Require development proposals to identify significant biological resources and provide mitigation, including the use of adequate buffering and sensitive site planning techniques, selective preservation, provisions of replacement habitats, and other appropriate measures. • Policy 3.2: Work with State, regional and non-profit agencies and organizations to preserve and enhance significant biological resources. • Policy 3.3: Coordinate with the County of Riverside and other relevant agencies for the adoption and implementation of the Riverside County Multi -Species Habitat Conservation Plan. • Policy 3.4: Encourage developers to incorporate drought resistant vegetation, mature trees, and other significant vegetation into site and landscape designs for proposed projects. • Policy 3.5: Maintain an inventory of existing natural resources in the city. • Policy 3.6: Limit recreational use of designated open space areas where there are sensitive biological resources as needed to protect these resources. • Policy 3.7: Maintain and enhance the resources of Temecula Creek, Pechanga Creek, Murrieta Creek, Santa Gertrudis Creek, Santa Margarita River, and other waterways to ensure the long term viability of the habitat, wildlife, and wildlife movement corridors. Goal 5: Conservation of open space areas for a balance of recreation, scenic enjoyment, and the protection of natural resources and features. • Policy 5.1: Conserve the western escarpment and southern ridgelines, the Santa Margarita River, slopes in the Sphere of Influence, and other important landforms and historic landscape features through the development review process. • Policy 5.2: Identify significant viewsheds to proposed projects that may be preserved through the dedication of open space or the use of sensitive grading, site design, and building techniques. • Policy 5.3: Encourage the use of clustered development and other site planning techniques to maximize the preservation of permanent open space. • Policy 5.8: Require re -vegetation of graded slopes concurrent with project development to minimize erosion and maintain the scenic character of the community. Community Design Element Goals and Policies • Policy 5.1: Work with the County of Riverside to protect surrounding hillside areas from inappropriate grading and development that affects the visual backdrop of the valley. • Policy 5.2: Retain critical escarpment and major hillside areas to preserve open space areas on the west and south edges of the City. • Policy 5.3: Establish a program to acquire or permanently protect, critical hillside areas from development. Land Use Element Implementation Programs LU -14: Establish a process to review and approved development projects within Rural Preservation Areas, including the pre -zoning process for such areas currently outside City jurisdiction, to ensure that the proposed projects are consistent with the objectives identified for each area. LU -19: Promote the preservation of hillsides surroundings the community through the following actions: Enforce hillside grading standards to naturalize the effects of grading, require the preservation of unique natural features, encourage a broad range of architectural and site planning solutions, develop hillside development standards that consider the site constraints in determining the location, type, and intensities of development along the western escarpment and other surrounding hillside areas. LU -20: Protect the resources of the Santa Gertrudis, Temecula and Murrieta Creeks, San Diego Aqueducts, and other waterways within the Planning Area. Open Space Element Implementation Programs OS -9 Biological Assessments: Require development proposals in all areas inside of adjacent to sensitive habitat area, designated critical habitat, and the MSHCP conservation areas and core linkages as defined by the U.S. Fish and Wildlife Services, the California Department of Fish and Game, and the Multi -Species Habitat Conservation Plan, to provide detailed biological assessments, assess potential impacts and mitigate significant impacts to a level below significance. OS -14 Open Space Area: Require the establishment of open space areas that contain significant water courses, wildlife corridors, and habitats for rare or endangered plant and animal species, with first priority given to the core linkage areas identified in the MSHCP. OS -11 Resource Protection Measures: Require appropriate resource protection measures to be prepared in conjunction with specific plans and subsequent development proposals. Such requirements may include the preparation of a vegetation management program that addresses landscape maintenance, fuel modification zones, management of passive open space areas, provisions of corridor connections for wildlife movement, conservation of water courses, rehabilitation of biological resources displaced in the planning process, and the use of project design, engineering, and construction practices that minimize the impacts to sensitive species, MSHCP conservation areas, and designated critical habitat. OS -12 Acquisition of Biologically Significant Area: Evaluate and pursue the acquisition of areas with high biological resources significance. Such acquisition mechanisms may include acquiring land by development agreement or gift; dedication of conservation, open space and scenic easements, joint acquisition with other local agencies, transfer of development rights; lease purchase agreements, state and federal grants, and impact/mitigation fees/banking. OS -13 Partnerships with Conservation Organizations: Use the resources of national, regional and local conservation organizations, corporations, associations, and benevolent entities to identify and acquire environmentally sensitive lands, and to protect water courses and wildlife corridors. OS -19 Acquisition of Open Space: Where feasible, secure permanent open space through the dedication, easement or other acquisition mechanisms. OS -21 Hillside Grading Ordinance: Implement a Hillside Grading Ordinance to preserve sensitive hillside and canyon areas, and require the use of proper soil management techniques to reduce erosion, sedimentation, and other soil related problems. OS -22 : Land Development Regulations: Preserve the natural open space character through the development of effective land use development regulations. These regulations may include limiting grading of natural land forms, regulating setbacks, requiring vegetation, conserving mature trees, and limiting the intensity of development in certain areas. OS -25 Open Space Protection: Establish priorities and take steps to permanently protect critical open space. OS -33 Native Species Conservation: Require project proponents to minimize impacts to coastal sage scrub, Riversidean alluvial fan sage scrub, chaparral, and non-native grasslands consistent with the MSHCP. Such mitigation measures will include but are not limited to: on-site preservation, off-site acquisition of mitigation land located within the city and inside the MSHCP conservation areas, and habitat restoration of degraded sage scrub vegetation that increases habitat quality and the biological function of the site. OS -34 Riparian Areas Conservation: Require project proponents to avoid adverse impacts to Riparian Scrub, Woodland and Forest and Water vegetation communities to the maximum extent possible. Mitigation consistent with the MSHCP, and future mitigation ratios established by the City will be required, including but not limited to: wetland creation in upland areas, wetlands restoration that re-establishes the habitat functions of a former wetland, and wetland enhancement that improves the self-sustaining habitat functions of an existing wetland. Mitigation measures will be required to achieve "no net loss" of wetland function and values. OS -35 Multi -Species Habitat Conservation Plan Consistency: Review development associated impacts to MSHCP conservation areas for consistency with the MSHCP reserve and buffer development requirements, and require compliance with the MSHCP UrbanlWildlife Interface Guidelines. Community Design Implementation Programs CD -6 Establish a program to acquire, or permanently protect, critical hillside areas from development, including critical escarpment and major hillside areas on the west and south edges of the City. This should include working with the County of Riverside to protect surrounding hillside areas from inappropriate grading and development. • 3.Environmental Setting.Impacts.and Mitigation Measures . • Land Use and Planning TABLE 3.4-3 CITY OF TEMECULA GENERAL PLAN: LAND USE POLICIES General Plan Policies Relationship of the Project to the Policy Land Use Element • 'Goal 4 Orderly annexation and development of unincorporated areas within Temecula's Sphere of Influence. Policy LU-4.1 Annex lands to the City that can be developed in accordance with the Due to the remote location of most of the area,property development within this area will General Plan and can be adequately served by public facilities and utility services. be required to utilize Imported service(propane)and wells and septic systems for water and sewer services. . Policy LU-4.2 Evaluate proposed annexations using City Fiscal Impact and Traffic Impact The proposed project is being evaluated using the city's Traffic Impact Models.The • Models. results of that evaluation are described in Section 3.6(Transportation and Traffic)of this EIR.An evaluation of the proposed annexation with the city's fiscal Impact model Is being completed in accordance with this policy and the requirements of the Riverside County Local Agency Formation Commission. Policy LU-4.3 Evaluate the land use pattern Intensity/density of proposed annexations In • terms of. • Links to open space and trails from adjacent developments, Approximately 4,279 acres of the project site is already managed as the Riverside County portion of the SMER.The remaining 718 acres of the project site are privately-owned lands.The purpose of the SMER is to conserve sensitive ecological and biological resources.Therefore,the public lands contained within the SMER are not available and not suitable for recreational purposes.Therefore,the proposed project does not Include the designation of trails within the project area.The open space portions of the project site are connected to adjacent open space areas,as described in Section 3.2(Biological Resources)of this EIR. • • • Compatibility of the annexation to adjacent uses in the City. The proposed annexation consists of properly that will either remain In open space and conservation usage or will be developable with rural residential land uses.Uses within the adjacent portions of the City of Temecula have similar current and planned land uses. Therefore,the proposed project Is compatible with adjacent uses in the city. • Demonstrated needs for additional housing,Industrial,commercial and other uses. The proposed project Includes 718 acres for development as rural residential development at a density of 1 DU/10 AC.This density contributes to the city's ability to provide for a mix of residential densities In order to meet the different lifestyle needs of its • residents. • Policy LU-4.4 Create distinctive open space and other areas around the City to prevent The proposed project consists of approximately 4,997 acres of which 4,279 acres will be urban sprawl. preserved for open space and conservation uses.The remaining 718 acres will allow development of large lot rural residential uses at a density of I DU/10 AC.Thus the proposed project will prevent urban intensity uses within the project area and is consistent with this policy. • Policy LU-4.5 Influence and limit Impacts on the City of development occurring beyond the This annexation will achieve this goal by providing the City with direct decision-making . Sphere of Influence. capability regarding development of the area being annexed. • CIH d Tenecaa Santa MarPnN q Ane nwuen 3.4-15 ESA/2034E5 •Draft EIR Septmmer2005 3.Environmental Setting,Impacts.and Mitigation Measures Land Use and Planning TABLE 3.4-3(continued) • CITY OF TEMECULA GENERAL PLAN:LAND USE POLICIES • General Plan Policies Relationship of the Project to the Policy Goat 5 A land use pattern that protects and enhances residential neighborhoods. Policy LU-5.1 Consider the compatibility of proposed projects on surrounding uses In The proposed project will establish land use designations and zoning on approximately terms of the size and configuration of buildings,use of materials and landscaping, 4,897 acres that will recognize the existing Santa Margarita Conservation Area(SMER) preservation of existing vegetation and landform,the location of access routes,noise on approximately 4,279 acres and permit development of approximately 718 acres with Impacts,traffic Impacts,and other environmental conditions. rural residential land uses at a density of 1 DU/10 AC.These land uses are of similar Intensity and character as existing land uses on properties surrounding the project site. Policy LU-5.2 Require parcels developed for commercial or industrial uses to incorporate The proposed project does not Include the development of commercial and/or industrial buffers that minimize the impacts of noise,light visibility of activity and vehicular traffic on uses.Therefore,the buffers required by this policy are not applicable to the planned surrounding residential uses. development of the project area in accordance with the proposed project Policy LU-5.3 Require proposed development to evaluate the incremental traffic impacts The potential incremental traffic impacts of the proposed project are evaluated in on local roads throughout the proposed project phasing In order to ensure that any Section 3.6(Transportation and Traffic)of this EIR. adverse impacts to local roads in residential areas are avoided or adequately mitigated. Goal 6 A development pattern that preserves aesthetics and enhances the environmental resources of the Planning Area. Policy LU-8.1 Preserve the natural aesthetic quality of hillsides and reduce hazards The proposed project recognizes the preservation of approximately 4,279 acres of the associated with hillside development within the Planning Area. project site as natural open space within the SMER.The remaining 718 acres of the project site will allow rural residential development at a density of 1 DU/10 AC.This density allows for the siting of houses In a manner that will preserve the aesthetic quality of the site Policy LU-6.3 Conserve the natural resources of area watercourses,including Santa The proposed project will conserve the natural resources of a significant watercourse Gertrudis,Temecula and Murrieta Creeks,through appropriate development densities, within the area(Santa Margarita River)by designating approximately 4,279 acres managing stormwater runoff,and conservation site planning. including and adjacent to the river for open space and conservation purposes.The approximately 718 acres of developable land within the project area will be zoned to allow land uses that are compatible with the SMER and preclude land uses that have the potential to adversely impad watercourses and water quality within the annexation area. Therefore,the proposed project is consistent with this policy. Policy LU-8.4 Protect and enhance significant ecological and biological resources within The proposed project Includes approximately 4,279 acres of the SMER.Proposed general and surrounding Temecula. plan and zoning designations will preserve the 4,279 acres In open space and conservation uses and will emit land uses within approximately 718 acres adjacent to the SMER to large lot rural residential land uses that are compatible with the ecological and biological resources within the SMER.Therefore,the proposed project Is consistent with this policy. Goal B A City compatible and coordinated with regional land use and transportation patterns. Policy LU-8.1 Provide a pattern of land uses that maintains and enhances the viability of The proposed project recognizes the existing land uses within the project'area and neighboring communities including the City of Murleta,and the counties of Riverside and establishes land use designations and zoning that are consistent with the land use San Diego,through compatible uses and links. patterns established In the adjacent unincorporated portions of the counties of Riverside and San Diego.Therefore the proposed project Is consistent with this policy. • Gtr of Temecula Sonia MerpeMa Area Annexation 3.4-16 Eat{/2004e3 Draft Em - - saptenev2dpa 3.Environmental Setting,Impacts.and Mitigation Measures Land Use and Planning TABLE 3.4.3(continued) CITY OF TEMECULA GENERAL PLAN:LAND USE POLICIES General Plan Policies Relationship of the Project to the Policy Policy LU-8.2 Expand the City system of open space and coordinate with regional open This annexation wpukl bring approximate 4,279 acres of open space land into the city, space uses to comprehensively address the management of conservation resources. thereby significantly expanding the City's system of open space.The uses allowed within the annexation area compatible with the ecological and biological resources within the annexation area and facilitate the long-term management of these conservation resources.Therefore,the proposed project Is consistent with this policy. Open Space and Conservation Element Goal 1 A high quality parks and recreation system that meets the diverse recreation needs of residents. Policy OSC-1.2 Pursue the joint use of public lands available and suitable for recreation ,Approximately 4,279 acres of the project site is already managed as the Riverside County purposes,including lands under the jurisdiction of the Riverside County Flood Control portion of the SMER.The remaining 718 acres of the projectsite are privately-owned District Southern California Edison,water districts,school districts,and other public lands.The purpose of the SMER is to conserve sensitive ecological and biological agencies. resources.Therefore,the public lands contained within the SMER are not available for recreational purposes. Policy OSC-1.3.Encourage the enhancement and preservation of historic structures and The proposed project recognizes the preservation of approximately 4,279 acres of the landscape,and significant natural features,such as riparian areas,rock outcroppings, project site,which includes riparian areas,rock outcroppings and sensitive habitat areas. sensitive habitat areas,and viewpoints through park design and site development as natural open space within the SMER.The remaining 718 acres of the project site will allow rural residential development at a density of 1 DU/10 AC.This density allows for the siting of houses in a manner that will allow the preservation of additional rock outcroppings and potential riparian areas and sensitive habitat.The proposed project is consistent with this policy. Policy OSC-1.8 Encourage the establishment of natural habitat spaces for recreational Approximately 4,279 acres of the project site is already managed as the Riverside County hiking and nature education. portion of the SMER.Through the administration of this area by SOSU,the area is available for educational purposes to K-12 students and higher education students for field trips and classes.The general community can also visit the SMER through docent- lead tours. Goal 2 Conservation and protection of surface water,groundwater and Imported water resources. • Policy OSC-2.1 Coordinate with the Riverside County Flood Control District to design The majority of the area(4.279 acres)proposed for annexation will be designated OS and flood control improvements that preserve,to the maximum extent feasible,important will remain undeveloped and will not require flood control improvements.The natural features and resources of the local creeks and riparian forest of the Santa development potential on the remaining area(718 acres)which will be designated HR is Margarita River. limited to 1 DU/10 AC and which will permit a maximum of 81 new dwelling units to be' built.This density allows for the aping of houses in a manner that will allow the preservation of important resources within the vicinity of the Santa Margarita River.It Is unlikely that Riverside County Flood Control District flood control improvements will be required for development within this area. • Gtyof Tmnecu4 Santa Margarita Ana Mnaaatlan 34-17 ESA r20e488 • Draft Era kptegber 2008 3.Environmental Setting.Impacts.and Mitigation Measures Land Use and Planning TABLE 3.4-3(continued) CITY OF TEMECULA GENERAL PLAN:LAND USE POLICIES General Plan Policies Relationship of the Project to the Policy Policy OSC-2.2 Identify and protect groundwater resources from depletion and sources of The proposed project will protect groundwater resources from depletion and sources of pollution In cooperation with the Rancho California Water District and the San Diego pollution through the preservation of approximately 4.271 sores within the Santa Water Quality Control Board. Margarita River watershed for open space and conservation purposes.The development of the remaining 718 acres of the project area at a maximum density Of 1 DU/10 AC will limit the demand for groundwater resources.Development of these 718 acres will be required to comply with established regulatory requirements to prevent pollution of groundwater resources. Policy OSC-2.5 Require the use of soil management techniques to reduce erosion, Development within the project area will comply with standard city regulations regarding eliminate off-site sedimentation,and prevent other soll-related problems that may soil-related problems. adversely affect waterways In the community. Policy OSC-2.8 Regulate and manage lands adjacent to or affecting watercourses as The proposed project consists of approximately 4,997 acres of which 4,279 acres stipulated by the RWCD. adjacent to or within proximity to the Santa Margarita River will be preserved for open space and conservation uses.The remaining 718 acres will allow development of large lot • rural residential uses at a density of 1 DU/10 AC.Development within the 718 acres will comply with standard city and RWQCB regulations,and the requirements of the federal CWA In order to prevent adverse Impacts to affected watercourses.Therefore the proposed project complies with this policy. Policy OSC-2.7 Ensure that approved projects have filed a Notice of Intent and See the above analysis for Policy OSC-2.6. Stormwater Pollution Prevention Plan in accordance with the Federal CWA,prior to issuance of grading permits. • Policy OSC-2.8 Ensure adequate Inspection and enforcement of the requirements of Development within the project area will comply with standard city regulations Including general construction permits,particularly related to erosion control during grading and inspections and enforcement of the requirements of general construction permits. construction. Policy OSC-2.9 Participate In regional planning for the Santa Margarita River Watershed This annexation will continue to comply with this policy by providing the city with direct In conjunction with federal,State,regional and local agencies,and non-profit decision-making capability regarding development of the area being annexed and thus a organizations. more direct role In regional planning for the Santa Margarita River Watershed. Goal 3 Conservation of Important biological habitats and protection of plant and animal species of concern,wildlife movement corridors,and general biodiversity. Policy OSC-3.1 Require development proposals to identify significant biological resources The proposed project recognizes the preservation of approximately 4,279 acres of the and provide mitigation,Including the use of adequate buffering and sensitive site planning project site as natural open space within the SMER.The remaining 718 acres of the techniques,selective preservation,provision of replacement habitats;and other project site will allow rural residential development ata density of 1 DU/10 AC. appropriate measures. Development within the annexation area will be required,through compliance with the City's standard development review procedures,to Identify significant biological resources that will be affected by said development and provide mitigation. • City of Temecula Santa Margarita Wee MneYaan 3.4-18 ESA 1290455 Draft ElR - _ Septarraer2005 3.Environmental Setting,impacts,and Mitigation Measures Land Use and Planning • TABLE 3.4-3(continued) CITY OF TEMECULA GENERAL PLAN:LAND USE POLICIES General Plan Policies Relationship of the Project to the Policy Policy OSC-3.2 Work with State,regional and non-profit agencies and organizations to The proposed project includes approximately 4.279 acres of the SMER,an area with preserve and enhance significant biological resources. significant biological resources managed by SDSU.Proposed general plan and zoning designations will preserve the 4,279 acres In open space and conservation uses and will limit land uses within approximately 718 acres adjacent to the SMER to large lot rural residential land uses that are compatible with the ecological and biological resources • within the SMER.Project approval would give the City of Temecula direct land use control over the project site and facilitate future cooperation with those agencies and organizations that seek to preserve significant biological resources within this area,In compliance with this policy. Policy OSC-3.5 Maintain an inventory of existing natural resources in the City. The proposed project Includes approximately 4,279 acres of the SMER.Proposed general plan and zoning designations will preserve the 4,279 acres in open space end conservation uses.This acreage will be added to the City's Inventory of existing natural resources.In accordance with this policy. Policy OSC-3.6 Limit recreational use of designated open space areas where there are The proposed project Includes approximately 4,279 acres of the SMER.Proposed general sensitive biological resources as needed protect these resources. plan and zoning designations will preserve the 4,279 acres In open space end conservation uses.The purpose of the SMER is to conserve sensitive ecological and biological resources.The designated open spa lands contained within the SMER are not available for recreational purposes.Therefore the proposed project compiles with this policy. Policy OSC,3.7 Maintain and enhance the resources of Temecula Creek.Pechanga The proposed project recognizes the preservation of approximately 4,279 acres of the Creek,Murrieta Creek.Santa Gertrudls Creek,Santa Margarita River,and other project she,which Includes Santa Margarita River resources,as natural open space within waterways to ensure the long-tens viability of the habitat,wildlife,and wildlife movement the SMER.The remaining 718 acres of the project site will allow as rural residential corridors. development ata density of 1 DU/10 AC.This density allows for the siting of houses In a manner that will contribute to the long-term viability of habitat and wildlife and will allow the continued vlability of the SMER as a portion of regional wildlife movement corridors. The proposed project is consistent with this policy.• Goal 5 Conservation of open space areas for a balance of recreation,scenic enjoyment,and protection of natural resources and features. • . Policy OSC5.1 Conserve the westem escarpment and southern ridgelines,the Santa The proposed project recognizes the preservation of approximately 4.279 acres of the ' Margarita River,slopes in the Sphere of Influence,and other important landfomns and project site,which contributes to the conservation of the western escarpment,southern historic landscape features through the development review process. ridgelines and the Santa Margarita River.The remaining 718 acres of the project site will • allow rural residential development at a density of 1 DU/10 AC.This density allows for the siting of houses In a manner that will facilitate the conservation of these sensitive areas. The proposed project is consistent with this policy. Policy OSC-5.2 identify significant viewsheds to proposed projects that may be preserved The preservation of approximately 4.279 acres of the project site for open space and through the dedication of open space or the use of sensitive grading,site design,and conservation purposes and the rural residential development of 718 acres will facilitate building techniques. the city's preservation of identified viewsheds,including the western escarpment and southern ridgelines. • • city orTemecula Panto PAI mne,vesAnntunm 3.4-19 ESA r20ues Draft EIR Saptemev 200a • • 3.Environmental Setting,Impacts,and Mitigation Measures Land Use end Planning TABLE 3.44(continued) CITY OF TEMECULA GENERAL PLAN:LAND USE POLICIES General Plan Policies Relationship of the Project to the Policy Noise Element Goal 1 Separate significant noise generators from sensitive receptors. Policy N-1.1 Discourage noise sensitive land uses in noisy exterior environments unless The proposed project Includes approximately 4,279 acres of the SMER.Proposed general measures can be implemented to reduce exterior and Interior noise to acceptable levels. plan and zoning designations will preserve the 4,279 acres In open space and Alternatively,encourage less sensitive uses in areas adjacent to major noise generators conservation uses and will limit land uses within approximately 718 saes adjacent to the but require soundappropriate Interior working environments. SMER to large lot rural residential land uses that are compatible with the ecological and biological resources within the SMER.All of the proposed land uses within this area can be considered to be noise sensitive uses,but there are no existing major noise generators adjacent to the project site.The proposed project Is not located within a noise exterior environment Therefore,the proposed project is consistent with this policy. Goal 1 Minimize the Impact of noise levels throughout the community through land use planning. • Policy N-3.1 Enforce and maintain acceptable noise limit standards. The proposed project will give the City of Temecula jurisdiction over the land uses within the annexation area and w@ enable the City to implement this policy through its land use decision-making process and the City's enforcement of acceptable noise limit standards. Air Quality Element Goal 2 Improve air quality through effective land use planning In Temecula. Policy AQ-2.1 Encourage new development that provides employment opportunities for The proposed project does not Include the development of commercial and/or industrial Temecula residents to improve the balance of jobs relative to housing. uses.The proposed project contains property Intended for use as open space or large lot rural residential development(a maximum of 81 new dwelling units)that would have a minimal Impact on the city's overall jobs/housing balance. Policy AQ-2.3 Minimize land use conflicts between emission sources and sensitive The majority of the area(4,279 acres)proposed for annexation will be designated OS and receptors. will remain undeveloped and will not be an emission source.'The development potential on the remaining area(718 acres)which will be designated HR Is limited to 1 DU/10 AC and which will permit a maximum of 81 new dwelling units to be built The residential uses are considered to be sensitive receptors.The proposed project will not result in the establishment of point source emission sources.Therefore there will be no land use conflicts between emission sources and sensitive receptors. The only air quality emissions generated within the project site will be from mobile sources(automobiles and construction equipment)resulting from the rural residential uses within the project area.The potential impacts of these emissions are addressed in Section 3.1(Air Quality)of this EIR. Policy AQ-2.4 Mitigate air quality impacts associated with development projects to the The potential impacts of project-related air emissions are addressed in Section 3.1 (Air greatest extent feasible. Quality)of this ER.Appropriate mitigation measures are set forth in that section. City Tna4e SantaMea n°AreaAnneadan 3.4-21 ESA/203485 Draft EIR Septette 200B 3.Environmental Setting.Impacts,and Mitigation Measures Land Use and Planning TABLE 34-3(continued) CITY OF TEMECULA GENERAL PLAN:LAND USE POLICIES General Plan Policies Relationship of the Project to the Policy • Community Design Element Goal 5 Protection of public views of significant natural features. Policy CD-5.2 Retain critical escarpment and major hillside areas to preserve open space The preservation of approximately 4,279 aces of the project site for open space and areas on the west and south edges of the City. conservation purposes and the rural residential development of 718 aces will facilitate the Cays preservation of open space areas,including the western escarpment,on the west edges of the city. • • • • • Cay of Temewe Santa Marwma kea Mneueon 3.4-22 ESA r25elae Oma EIR Smarter 2008 NOTICE OF PUBLIC HEARING =: r Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: Long Range Planning Application No. LR09-0024 Applicant: City of Temecula Proposal: Santa Margarita Area Annexation No. 2 ("SMAA") is a proposal to annex approximately 4,510 acres from the unincorporated jurisdiction of the County of Riverside into the incorporated jurisdiction of the City of Temecula and the City of Temecula Community Services District. Currently, 384 acres of the SMAA are located within the City of Temecula's Sphere of Influence. This project consists of the following components: Consideration of an Addendum to the Certified Final Environmental Impact Report prepared pursuant to the California Environmental Quality Act for the project Consideration of a General Plan Amendment to provide land use designations for the SMAA consisting of Hillside Residential (HR) and Open Space (OS) in the City's General Plan Consideration of an amendment of the City's Development Code for adoption of Hillside Residential—Santa Margarita District (HR-SM) and Conservation—Santa Margarita District (OS-C-SM) Zoning Designations Consideration of Pre-Zoning the SMAA to Hillside Residential—Santa Margarita District (HR- SM) and Conservation—Santa Margarita District (OS-C-SM) zones, which zoning would be contingent upon annexation to the City Consideration of whether to apply to the Riverside County Local Agency Commission (LAFCO) to 1) amend the City's Sphere of Influence to include the SMAA and 2) to allow the City to annex the SMAA (this includes consideration to adopt applicable resolutions of application to LAFCO) Location: The SMAA project site is comprised of approximately 4,510 acres of uninhabited territory located in the unincorporated portion of Riverside County, along the northern side of the San Diego-Riverside County line, west of Interstate 15 and southwest of the City limits of Temecula Case Planner: Betsy Lowrey Place of Hearing: City of Temecula, Council Chambers Date of Hearing: February 3, 2010 Time of Hearing: 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Temecula Planning Commission is controlled by Chapter 2.36 of the Temecula Municipal Code. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Temecula Planning Commission shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 693- 3959. — AREA MAP __ ..,...,..„,„..„,... .,, . . --- SANTA MARGARITA AREA ANNEXATION #2- --------frow‘firtimilawigrarvame,a7e,-•;,;:c...,:h J.:...i:41:-..;,,,,.:L,::-Isr,..3.1-F.At-elosi-17.11,. ‘ , , 01 ilogoitisivalizirm Op - = '°,...1.-.-1\iNt -.IVO!' 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