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HomeMy WebLinkAbout19-01 PC ResolutionPC RESOLUTION NO. 19-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE VINE CREEK RESIDENTIAL PROJECT CONSISTING OF APPROXIMATELY 2.27 ACRES GENERALLY LOCATED ON THE EAST SIDE OF PUJOL STREET APPROXIMATELY 130 FEET NORTH OF THE MAIN STREET AND PUJOL STREET INTERSECTION ON THE EAST SIDE OF PUJOL STREET (APN NOS. 922-053-021, 922-053-047, 922-053-048) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On January 16, 2018, Darren Berberian, on behalf of Golden West Communities, filed Planning Application No. PA18-0081, a Development Plan. On April 3, 2018, Darren Berberian, on behalf of Golden West Communities, filed Planning Application No. PA18-0497, a Tentative Parcel Map. On May 10, 2018, Caleb Roope, on behalf of Golden West Communities, filed Planning Application No. PA18-0692, a Certificate of Historical Appropriateness. On September 6, 2018, Darren Berberian, on behalf of Golden West Communities, filed Planning Application No. PA18-1230, a Minor Exception. These applications (collectively "the Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a Development Plan for a sixty unit affordable housing complex, a Tentative Parcel Map to create one lot from three existing Tots, a Minor Exception to reduce the amount of required off-street parking, and a Certificate of Historical Appropriateness for the former railroad turntable. C. The Project was processed, including but not limited to ail public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code 21000, et seq. and the California Environmental Quality Act Guidelines, 14 Cal. Code Regs 15000 et seq. (collectively referred to as "CEQA"). D. Pursuant to CEQA, the City is the lead agency for the Project. E. The City contracted with Environmental Science Associates (ESA) for the independent preparation of an Initial Study to analyze the potential environmental effects of the Project. Based on the information contained in the Initial Study, ESA concluded that the Project could have a significant effect on the environment, but that mitigation measures could be implemented to reduce such impacts to a less than significant level. Based upon this determination, ESA prepared a Draft Mitigated Negative Declaration ("Draft MND") in accordance with CEQA Section 21080(c) and Section 15070 of the State CEQA Guidelines. F. The City circulated a Notice of Intent with the Draft MND and Appendices to the public and other interested parties, for a 30-day comment period between January 3, 2019 through February 7, 2019. A Notice of Intent was also sent to adjacent property owners indicating a review period of January 3, 2019 through February 7, 2019. The City published a Notice of Intent for the Draft MND in the San Diego Union tribune, a newspaper of general circulation within the City. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590 and the City of Temecula website. G. During the comment period, the City received no written comments on the Draft MND from various agencies, individuals, and organization. H. The "Final Mitigated Negative Declaration" ("Final MND") consists of the Draft MND and all of its appendices and the Mitigation Monitoring and Reporting Program. The Final MND was made available to the public and to all commenting agencies on February 8, 2019, which is at least 10 days prior to certification of the Final MND, in compliance with Public Resources Code Section 21092.5(a). On February 20, 2019, the Planning Commission, held a duly noticed public hearing to consider the Final MND and the Project, at which time the Planning Commission heard and considered information presented by City staff on the Project and its environmental review. In addition, interested persons had an opportunity to and did testify regarding this matter. J. Public Resources Code Section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures. The Mitigation Monitoring and Reporting Program is attached hereto as Exhibit A, and is incorporated herein by reference. Section 2. Findings. After due consideration of the Final MND and the Project and in its independent judgment, the Planning Commission hereby finds and resolves that: A. All of the above recitals are true and correct, and are hereby incorporated into this section as though set forth in full. B. Agencies and interested members of the public have been afforded ample notice and opportunity to comment on the Final MND and on the Project. The Project has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines. C. The Planning Commission has independently considered the administrative record before it, which is hereby incorporated by reference and which includes the Final MND, the written and oral comments on the Draft MND, staff reports and presentations, and all oral and written testimony. D. The Planning Commission has reviewed the Final MND and all comments received regarding the Final MND prior to and at the February 20, 2019 public hearing, and based on the whole record before it finds that: (1) the Final MND was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Final MND reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission hereby adopts the Final MND and the Mitigation Monitoring and Reporting Program attached hereto as Exhibit "A" and incorporated herein by this reference. Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of February, 2019. Gary Watts, Chairman ATTEST: Lu e Wa on Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 19-01 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of February, 2019, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Watts, Youmans NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None e Watson Secretary EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks Cultural Resources Mitigation Measure MM-CUL-1: Prior to the start of ground -disturbing activities, the Project Applicant will retain a qualified archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards for archaeology (U.S. Department of the Interior, 2012) to carry out all mitigation related to cultural resources. Pre -Construction City of Temecula City of Temecula qualified Archaeologist Issuance of Grading Permit and field verification and sign -off by City of Temecula Mitigation Measure MM-CUL-2: Prior to start of ground -disturbing activities, the qualified archaeologist and a representative of the Pechanga Tribe will conduct cultural resources sensitivity training for all construction personnel. Construction personnel will be informed of the types of archaeological resources that may be encountered, and of the proper procedures to be enacted in the event of an inadvertent discovery of archaeological resources or human remains. The Project Applicant will ensure that construction personnel are made available for and attend the training and retain documentation demonstrating attendance. Pre -Construction City of Temecula City of Temecula qualified Archaeologist and Pechanga tribal representative( s) Issuance of Grading Permit; verification and sign -off by City of Temecula Mitigation Measure MM-CUL-3: An archaeological monitor (working under the direct supervision of the qualified archaeologist) will observe all ground- disturbing activities, including but not limited to brush clearance, vegetation removal, grubbing, grading, and excavation. The qualified archaeologist, in coordination with the Pechanga monitor(s), the Project Applicant and the City, may reduce or discontinue monitoring if it is determined that the possibility of encountering buried archaeological deposits is low based on observations of soil stratigraphy or other factors. Archaeological monitoring will be conducted by an archaeologist familiar with the types of archaeological resources that could be encountered within the Project. The archaeological monitor will be empowered to halt or redirect ground - disturbing activities away from the vicinity of a discovery until the qualified archaeologist has evaluated the discovery and determined appropriate treatment (as prescribed below). The archaeological monitor will keep daily logs detailing the types of activities and soils observed, and any discoveries. After monitoring has been completed, the qualified archaeologist will prepare a monitoring report that details the results of monitoring. The report will be submitted to the City and any Native American groups who request a copy. A copy of the final report will be filed at the California Historical Resources Information System (CHRIS) Eastern Information Center (EIC). Pre -Construction/ Construction City of Temecula City of Temecula qualified Archaeologist and archaeological monitor and Pechanga tribal representatives Issuance of Grading Permit; verification by City of Temecula in consultation with Pechanga Tribe --, Mitigation Measure MM-CUL-4: At least 30 days prior to issuance of a grading permit and prior to the start of any ground -disturbing activity, the project Applicant shall contact the Pechanga Tribe to notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the Pre -Construction/ Construction City of Temecula City of Temecula qualified Archaeologist Issuance of Grading Permit; verification by City of Vine Creek Project MMRP 1 ESA / 171250 January 2019 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Monitoring Phase Enforcement Agency Responsible Monitoring Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks Tribe to develop and enter into a Cultural Resources Treatment and Monitoring Agreement (Agreement). The Agreement will address the treatment of known cultural resources; appropriate treatment and procedure for inadvertent discoveries; the designation, responsibilities, and participation of Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. The Pechanga Tribal monitor shall monitor all ground -disturbing activities including, but not limited to, brush clearance and grubbing, grading, trenching, excavation, and the construction of fencing, as specified in the Agreement, and in consultation with the project archeologist. If ground disturbing activities occur simultaneously in two or more locations, additional Native American monitors may be required. and Pechanga tribal representatives Temecula in consultation with Pechanga Tribe Mitigation Measure MM-CUL-5: If cultural resources are encountered Construction City of City of Verification by during the course of ground disturbing activities, the applicant shall cease Temecula Temecula City of any ground disturbing activities within 100 feet of the find until it can be qualified Temecula in evaluated by the qualified archaeologist and the Pechanga monitor, who Archaeologist consultation shall inspect the find within 24 hours of discovery, during normal working and Pechanga with Pechanga hours. The qualified archaeologist, Pechanga Tribal monitor, and the applicant shall assess the significance of discovered resources and shall take into account the religious beliefs, customs, and practices of the tribal representatives Tribe Pechanga Tribe. Avoidance shall be the preferred manner of mitigation pursuant to Calif. Pub. Res. Code § 21083.2(b). Preservation in place may be accomplished by, but is not limited to, complete avoidance, incorporating the resource into open space or deeding the site into a permanent conservation easement. In the event that preservation in place is demonstrated to be infeasible and data recovery through excavation is determined to be the only feasible mitigation option, a treatment plan shall be prepared and implemented by the qualified archaeologist, in consultation with the applicant and the Pechanga Tribe. The treatment plan shall provide for the adequate recovery of the scientifically consequential information contained in the archaeological resource. The Pechanga Tribe shall be consulted to ensure that cultural values ascribed to the resource, beyond that which is scientifically important, are considered and additional appropriate mitigation to address the cultural values is applied. The treatment plan shall also provide for the analysis, reporting, and curation/disposition of resources in accordance with the Treatment Agreement required in MM-CUL-4. Mitigation Measure MM-CUL-6: All sacred sites, should they be Pre -Construction/ City of City of City of encountered within the project area, shall be avoided and preserved as the Construction Temecula Temecula Temecula preferred mitigation, if feasible. qualified Project Archaeologist Approval Vine Creek Project MMRP 2 ESA /171250 January 2019 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Monitoring Phase Enforcement Agency Responsible Monitoring Agency Action Indicating Compliance Verification of Compliance Initials Date Mitigation Measure MM-CUL-7: The landowner shall relinquish ownership of all cultural resources, including sacred items. Burial goods and. all archaeological artifacts that are recovered as a result of project implementation to the Pechanga Tribe for proper treatment and disposition as outlined in the Agreement (Mitigation Measure CUL-4). Construction City of Temecula City of Temecula qualified Archaeologist and Pechanga tribal representatives Verification by City of Temecula in consultation with Pechanga Tribe Mitigation Measure MM-CUL-8: If human remains are encountered, all work will halt in the vicinity (within 100 feet) of the discovery and the Riverside County Coroner will be contacted in accordance with PRC Section 5097.98 and Health and Safety Code Section 7050.5. The Project Applicant and the City will also be notified. if the -County Coroner determines that the remains are Native American, the Native American Heritage Commission (NAHC) will be notified in accordance with Health and Safety Code Section 7050.5, subdivision (c), and PRC Section 5097.98 (as amended by AB 2641). The NAHC will designate an Most Likely Descendant (MLD) for the remains per PRC Section 5097.98. Until the landowner has conferred with the MLD, the Project Applicant will ensure that the immediate vicinity where the discovery occurred is not disturbed by further activity, is adequately protected according to generally accepted cultural or archaeological standards or practices, and that further activities take into account the possibility of multiple burials. Construction City of Temecula City of Temecula qualified Archaeologist and Riverside County Coroner Verification by City of Temecula Vine Creek Project MMRP 3 ESA/171250 January 2019