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HomeMy WebLinkAbout041205 CC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE APRIL 12, 2005 - 7:00 P.M. At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. - Closed Session of the City Council pursuant to Government Code Sections: 1. Conferen.ce with City Attorney and legal counsel pursuant to Government Code Section 54957.6 with respect to labor negotiations. The negotiating parties are the City of Temeculaand California Teamsters Local 911. City negotiators lire Shawn Nelson, Jim O'Grady, and Grant Yates. 2. Conferenc.e with real property negotiator pursuant to Government Code Section 54956.8 regarding real property negotiations located at the following location: APN 922-024-012 and APN 922-024-013, located at the north side of Fifth Street, west of Mercedes. The negotiating parties are the City of TemeculaJRedevelopment Agency and Todd and Bill Dalton.. Under negotiation are the price and terms of payment of real property interests. The City/Agencynegotiators are Shawn Nelson, Jim O'Grady, and John Meyer. 3. Conference With City Attorney and legal counsel pursuant to Government Code Section 54956.9(a) with respect to one mlltter of existing litigation inv()lvillgtheCity. The following case will be discussed: 1. City of Temecula v.. County of Riverside (RCIP litigation - Riverside County Superior Court Cas.e No. (02766). Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: No. 2005-05 Resolution: No. 2005-38 CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: R:\Agenda1032205 Joshua and Kevin Jurkosky 1 Invocation: Pastor Lou Dawson, Rancho Baptist Church Flag Salute: Councilwoman Edwards ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero PRESENT ATIONS/PROCLAMATIONS Child Abuse Prevention Month PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk Prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR 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 City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adootion Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution aoorovina List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A R:\Agenda1032205 2 3 Minutes RECOMMENDATION: 3.1 Approve the minutes of March 8, 2005; 3.2 Approve the minutes of March 22, 2005; 3.3 Approve the minutes of March 31,2005. 4 Citv Treasurer's Reoort RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of February 28, 2005. 5 Parcel Mao No. 31898. located south of Wolf Vallev Road and East of Pechanlla Parkway RECOMMENDATION: 5.1 Approve Parcel Map No. 31898 in conformance with the Conditions of Approval. 6 Second Amendment to Fiscal Year 2004-2005 Annual Citywide Routine Maintenance Contract RECOMMENDATION: 6.1 Approve the Second Amendment to the Fiscal Year 2004-2005 Annual Citywide Maintenance Contract with Monteleone Contractors, Inc. for an amount of $50,000.00 and authorize the Mayor to execute the amendment. 7 Award the Construction Contract for the Temecula Public Library. Proiect No. PWOO-07 RECOMMENDATION: 7.1 Award a construction contract for the Temecula Public Library, Project No. PWOO- 07, to EDGE Development, Inc., in the amount of $11 ,757,812.30, and authorize the Mayor to execute the contract. 7.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $1,175,781.20, which is equal to 10% of the contract amount. 7.3 Approve the acceleration of appropriated budgeted funds in FY2005-2006 to FY2004-2005 in the amount of $8,671,570.00. 7.4 Approve a transfer in the amount of $1,700,000.00 from the Maintenance Facility/Field Operation Center to the Temecula Library Project. R:\Agenda1032205 3 8 Reaccointment of Animal Shelter Liaison/JPA Recresentative RECOMMENDATION: 8.1 Appoint Council member Maryann Edwards as the City's representative on the Board of Directors of the Southwest Communities Financing Authority. 9 Resolution of succort for Providina Necessarv Infrastructure for Regional Goods Movement Including Secarate Rail Crossings (At the request of Councilman Naggar) RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE EFFORTS OF THE CITY OF RIVERSIDE AND THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) TO ADDRESS THE CHALLENGES RELATED TO CREATING A REGIONAL GOOD MOVEMENT SYSTEM THAT CONSTRUCTS GRADE SEPARATED RAIL CROSSINGS; ESTABLISHES HIGHWAY PROJECTS DEDICATED TO GOODS MOVEMENT; AND IDENTIFIES PUBLIC AND PRIVATE FINANCING ALTERNATIVES TO CONSTRUCT THE NEARLY $3.5 BILLION IN RAIL AND HIGHWAY IMPROVEMENTS NECESSARY TO SUPPORT THE SYSTEM AND PROTECT THE REGION'S ECONOMIC VIABILITY 10 Resolution of Occosition to the Granite Quarrv Proiect (At the request of Mayor Comerchero) RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING THE DEVELOPMENT OF A SURFACE MINING OPERATION WITHIN THE HILLS SOUTH OF TEMECULA ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, AND TEMECULA PUBLIC FINANCING AUTHORITY R:\Agenda1032205 4 Next in Order: Ordinance: No. CSD 2005-01 Resolution: No. CSD 2005-11 CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Edwards, Comerchero, Naggar, Roberts, Washington PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. 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" fOm1 must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state vour name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of March 22, 2005. DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, April 26, 2005, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda1032205 5 Next in Order: Ordinance: No. RDA 2005-01 Resolution: No. RDA 2005-02 CALL TO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: Edwards, Comerchero, Naggar, Washington, Roberts PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. 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" fOm1 must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of March 22, 2005. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, April 26, 2005, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda1032205 6 Next in Order: Ordinance: No. TPFA 2005-02 Resolution: No. TPFA 2005-05 CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL: AGENCY MEMBERS: Edwards, Naggar, Roberts, Washington, Comerchero PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Temecula Public Financing Authority on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. 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 City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of January 25, 2005. CONVENE A JOINT MEETING OF THE CITY COUNCIL AND TEMECULA PUBLIC FINANCING AUTHORITY 2 Initial Actions Related to Issuance of Additional Bonds for Community Facilities District No. 03-1 (Crowne Hill) RECOMMENDATION: 2.1 That the City Council adopt a resolution entitled: R:\Agenda1032205 7 RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING DEPOSIT/REIMBURSEMENT AGREEMENT- CROWNE HILL 2.1 That the Temecula Public Financing Authority adopt a resolution entitled: RESOLUTION NO. TPFA OS-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE ISSUANCE OF ADDITIONAL BONDS FOR THE CROWNE HILL COMMUNITY FACILITIES DISTRICT NO. 03-1, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO RECESS CITY COUNCIL MEETING EXECUTIVE DIRECTOR'S REPORT BOARD MEMBERS' REPORTS ADJOURNMENT R:\Agenda1032205 8 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council 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 the hearing. If you challenge any of the project(s) in court, you may be limited to raising 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. 11 Vacation of a Portion of an Unnamed Alley located between Second Street and Third Street east of Old Town Front Street as shown on Block 18 of Town Site of Temecula (Old Town RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA VACATING A PORTION OF AN UNNAMED ALLEY LOCATED BETWEEN SECOND STREET AND THIRD STREET AS SHOWN ON BLOCK 18 OF TOWN SITE OF TEMECULA IN THE CITY OF TEMECULA, STATE OF CALIFORNIA 12 Vacation of All Interior Streets and Certain Drainaae Easements within Tract No. 26941 (Crowne Hill- The Reserve) RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA VACATING LOT "A" (WOLFE STREET), LOT "B" (SUSAN GRACE COURT) AND LOT "C" (MUSILEK PLACE) AND CERTAIN DRAINAGE EASEMENTS OF TRACT NO. 26941 IN THE CITY OF TEMECULA, STATE OF CALIFORNIA, AS SHOWN ON ATTACHED EXHIBITS R:\Agenda1032205 g 13 General Plan Ucdate RECOMMENDATION: 13.1 Conduct the Public Hearing on the Draft Land Use, Open Space Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air quality, Community Design, and Economic Development Elements of the General Plan and the Draft Environmental Impact Report related to these Elements; 13.2 Adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE COMPREHENSIVE UPDATE OF THE GENERAL PLAN 13.3 Adopt a resolution entitled: RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE COMPREHENSIVE UPDATE OF THE GENERAL PLAN CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: City Council, Tuesday, April 26, 2005, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda1032205 10 PROCLAMA liONS AND PRESENTATIONS ..s ::: ~~ E~ ~~ ~ ~~ o~ ..... c U~ ~~ ~ t.l "'" ] a ...... c.f.l ~ " ,,- "'C u'S t= .- =:i " a 'S S .. 1il S ~ .~ ] 8 o ~ u c.f.l > '" 0 '" .5"'0 kl" fI) aJ ....;> 00,5 is l<l" is gj '" .""'" S ,r;:, "'0 ~ s::: cd Q) 5.9 ~ "'C-:S 0..- 00 Q.) Q.) cd t1) Cd u5' "'0 [) ~ OJ s::: 00 l:: cd 1-0.9 s::: Q.)""" u..... o OJ) C,) 00 cd ..... 0 tJ c...~ 'E 1-0 '8 .- C ......;:::$;::; ..c cd 0"" 0 ~ b.O "'tE;:: ".... eo 1-0 0 =: 0 .5 tS ~ ~ ""2 "'0 00 "'C 0.. 00 .El'la '0.2 "9~"'= Q.)~ .... "" ~'" 00 .";:::: ~ -::: 'u := = ~ 0 "''' >;..::! 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The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 12'h day of April, 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:/Resos 2005/Resos 05- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 05-_ was duly adopted at a meeting of the City Council of the City of Temecula on the 12th day of April, 2005 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2005/Resos 05- 2 I CITY OF TEMECULA LIST OF DEMANDS 03/17/05 TOTAL CHECK RUN: $ 711,126.30 03/24/05 TOTAL CHECK RUN: 1,849,314.10 03/31/05 TOTAL CHECK RUN: 1,283,582.79 03/24/05 TOTAL PAYROLL RUN: 361,501.08 TOTAl LIST OF DEMANDS FOR 04112/05 COUNCIL MEETING: $ 4,205,524.27 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 1,811,064.17 165 ADA DEV.LOWIMOD SET ASIDE 32,735.64 190 TEMECULA COMMUNrry SERVICES DISTRICT 204,407.28 192 TCBO SERVICE lEVEL "6" STREET LIGHTS 43,010.21 193 TCSO SERVICE LEVEL .C' LANDSCAPE/SLOPE 10,244.64 194 TCSO SERVICE LEVEL "0' REFUSE/RECYCLING 1,150.67 195 TeSD SERVICE LEVEL R 2,700.00 210 CAPITAL IMPROV PROJECT FUND 1,359,718.59 271 HARVESTON CFD 01-2 IMPROVEMENT FUND 1,585.00 280 REDEVELOPMENT AGENCY. CI? PROJECT 125,732.87 300 INSURANCE FUND 16,916.36 320 INFORMATION SYSTEMS 68,911.90 330 SUPPORT SERVICES 16,654.25 340 FACILrrlES 12,363.30 390 TCSD COP DEBT SERVICE-TEMEUCLA 01 129,175.00 460 CFD 88-12 DEBT SERVICE RESERVE FUND 1.313.00 I 470 HARVESTON CFD 01-2 DEBT SERVICE FUND 412.94 473 CROWNE HilL CFD 03-1 DEBT SERVICE FUND 5,925.37 $ 3,844,023,19 001 GENERAL FUND 251,962.01 165 RDA DEV.LOWIMOD SET ASIDE 5,465.18 190 TEMECULA COMMUNITY SERVICES DISTRICT 62.642.54 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 114.37 193 TCSD SERVICE LEVEL 'C' LANDSCAPE/SLOPE 4,913.17 194 TCSD SERVICE LEVEL "0" REFUSE/RECYCLING 828.59 280 REDEVELOPMENT AGENCY - CIP PROJECT 2.511.15 300 INSURANCE FUND 1,137.22 320 INFORMATION SYSTEMS 21,858.74 330 SUPPORT SERVICES 3.085.63 340 FACILrTlES 6,982.48 361,501.08 TOTAL BY FUND: $ 4,205,524.27 PREPARED BY RETA WESTON, ACCOUNTING SPECIALIST ,HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOW ING IS TRUE AND CORRECT. I apChkLst Final Check List Page: 1 03117/2005 3:08:29PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 474 03/14/2005 005460 U S BANK HrvslnlCrwn Hill 04/05 SPY Tax Pmt 6,338.31 6,338.31 475 03/16/2005 005460 U S BANK TCSD COPs Oebt Svc Pmt 129,175.00 129,175.00 98285 03117/2005 001523 A M BEST COMPANY, INC. 1 yr Subscription renewal:Risk Mgmt 150.80 150.80 98286 03/17/2005 004973 ABACHERLI, L1NDI TCSD instructor earnings 600.00 600.00 98287 03/17/2005 004765 ACTIVE NElWORK INC, THE Safari Recreation software mnte agrmt 4,414.10 4,414.10 98288 03/17/2005 005735 AEROSURF INC Apr/May/Jun wireless internet 5VCS 299.70 Credit: Cancel svcs: Jeff Stone -149.85 149.85 98289 03/17/2005 000747 AMERICAN PLANNING ASSOCI Membership:Debbie Ubnoske 068647 280.00 280.00 98290 03/17/2005 002187 ANIMAL FRIENDS OF THE VALL Feb 05 Animal control services 8,750.00 8,750.00 98291 03/17/2005 000101 APPLE ONE INC Temp Help PPE 2/19 & 2/26 Buchana 1,080.00 Temp help PPE 2/26 Gardner 118.13 1,198.13 98292 03/17/2005 008314 AQUATIC DESIGN GROUP Mechanical renovation:Tem Elem Pool 118.89 118.89 98293 03/1712005 005590 ARMSTRONG & BROOKS LOS deposit agreement w/city 1,600.00 1,600.00 98294 03/17/2005 008062 ARROW STAFF RESOURCES, I Temp help PPE 2/20 Grove/Heer 2,801.98 Temp help PPE 2/27 Grove/Heer 2,401.40 Temp help PPE 3/6 Grove/Heer 1,555.72 6,759.10 98295 03/1712005 002541 BECKER CONSTRUCTION SRV Heavy rains repairs: J.Smith Rd 3,040.87 Heavy rains repairs: Mercedes/Front 2,001.90 Heavy rains repairs: J.Wamer Rd 1.955.10 Heavy rains repairs: J.Warner Rd 1,825.20 Heavy rains repairs: Mercedes StlFro 1,490.20 Heavy rains repairs: Vallejo/Santiago 1,459.90 Heavy rains repairs: Hwy 79S/La Paz 1,427.42 Heavy rains repairs: Walcot Rd 894.50 Heavy rains repairs: J.Warner Rd 715.60 14,810.69 98296 03/17/2005 008646 BERLlNE, BYRON Performers: Bluegrass Festival 3/19.20 3,500.00 3,500.00 98297 03/17/2005 004778 BERRYMAN & HENIGAR INC Feb 05 temp B&S inspector help 11,400.00 11,400.00 Page:l apChkLsl Final Check List Page; 2 03117/2005 3:08:29PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 98298 03/17/2005 004040 BIG FOOT GRAPHICS TCSD instructor earnings 504.00 504.00 98299 03/17/2005 008643 BREA, CITY OF Public Arts Proposal Packet 10.00 10.00 98300 03/17/2005 008623 BURKE, CATHY Refund: Parenting Workshop @ CRG 80.00 80.00 98301 03/17/2005 003138 CAL MAT PW patch truck materials 233.62 PW patch truck materials 232.20 PW patch truck materials 231.49 697.31 98302 03117/2005 004248 CALIF DEPT OF JUSTICE-ACCT Dee 04 Blood Alcohol Analysis 2,450.00 June 04 blood alcohol analysis 35.00 Credit: June 04 blood alcohol analysis -35.00 Credit: Dee 04 blood alcohol analysis -35.00 2,415.00 98303 03/17/2005 004556 CALIF PLANNING & DEVEL REP Subscrip renewal Acet 2070:Planning 249.00 249.00 98304 03117/2005 008026 CASTRO, GLADYS Refund: Citation 15735 voided 250.00 250.00 98305 03/1712005 002534 CATERERS CAFE Refshmnts:Council Mb Mtg w/Fire&PD 32.33 32.33 98306 03117/2005 000137 CHEVRON USA INC City vehicles fuel expense:Police 355.77 City vehicles fuel expense:PD/CM 241.47 597.24 98307 03117/2005 001193 COMP USA INC Misc. Computer Supplies: IS 234.23 234.23 98308 03117/2005 000442 COMPUTER ALERT SYSTEMS Aiann Monitoring City's Fae/City Hall 1,659.00 1,659.00 98309 03117/2005 002945 CONSOLIDATED ELECTRiCAL 480v Contaclors Repair @ TMS 1,551.60 1,551.60 98310 03/17/2005 008634 COOK, KIMBERLY Refund: Prenatal Yoga Plus 45.00 45.00 98311 03/17/2005 003739 COTTON BRIDGES ASSOCIATE Jan/Feb svcs:Update general plan 2,179.41 2,179.41 98312 03117/2005 008639 CULLlNGWORTH, DEBRA Refund: 80% of Building permit 462.09 462.09 98313 03117/2005 002990 DAVID TURCH & ASSOCIATES Feb/Mar 05 Federal lobbyist svcs 6,000.00 6,000.00 98314 03117/2005 005859 DELUNA, WILLIAM Reimb:Air:Sister City Exchg prgm 1,423.54 1,423.54 Page2 apChkLst Final Check List Page: 3 03117/2005 3:08:29PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 98315 03/17/2005 005235 DEVENCENZI, KELlSSA Refund: Parenting Wrkshp @ CRG 80.00 80.00 98316 03117/2005 002701 DIVERSIFIED RISK Jan/Feb 05 special events premiums 5,253.25 5.253.25 98317 03/17/2005 008635 OOERING, CHRISTINE Refund: Preschool Music ElIalGianna 160.00 160.00 98318 03/17/2005 008629 E D M PUBLISHERS Subscrip:Legal Briefings for Fire Chiefs 99.00 99.00 98319 03/17/2005 005115 ENTERPRISE RENT A CAR INC Getty elr family excursion van rental 275.44 275.44 98320 03117/2005 005251 EQUIPMENT REPAIR SERVICE PW Bucket/plate backhoe repairs 882.00 882.00 98321 03/17/2005 001056 EXCEL LANOSCAPE Jan ldscp impr:CTElComm Facilities 321.48 321.48 98322 03117/2005 004464 EXXON MOBIL CARD SERVICES Fuel expense for City vehicles:PD 29.18 29.18 98323 03117/2005 000478 FAST SIGNS New R. Reagan Spts Prk Signs 650.72 Bldg & Safety vehicle decals 303.66 Egg Hunt signs for Parks 107.63 Dedication sign for Sports Park 65.58 1,127.59 98324 03/17/2005 000165 FEDERAL EXPRESS INC Express mail services 281.87 281.87 98325 03117/2005 008637 FITZGERALD, TOM Refund: Parenting workshop @ CRG 80.00 80.00 98326 03/17/2005 000170 FRANKLIN QUEST COMPANY I PW/Eng '05 Day Planner Calendars 225.95 225.95 98327 03/17/2005 007866 G C S SUPPLIES INC Computer Printer Toner Supplies 536.61 Computer Printer Toner Supplies 171.25 707.86 98328 03117/2005 005768 GLOBAL ELECTRIC MOTOR CA GEM vehicle Charger:Police 558.98 558.98 98329 03/17/2005 005947 GOLDEN STATE OVERNIGHT Express Mail SelVice;Fire Prevo 73.56 73.56 98330 03/17/2005 008361 GRAPE STOMPERS SQ DANCE TCSD instructor earnings 164.50 164.50 98331 03/17/2005 008638 GREENE, ROBERT Refund: Picnic shelter security depst 60.00 60.00 Page3 apChkLst 03/17/2005 3:0B:29PM (Continued) Bank: union UNION BANK OF CALIFORNIA Check # Dale Vendor 98332 03/17/2005 006916 GREYSTONE HOMES 98333 03117/2005 006916 GREYSTONE HOMES 98334 03117/2005 007736 GRIFFITH COMPANY 98335 03/17/2005 008636 HANKINS, SHANE 98336 03/17/2005 002372 HARMON, JUDY 98337 03/17/2005 008642 HERMAN, L.D. 98338 03/17/2005 004217 HYDRO TEK COMPANY 98339 03117/2005 000193 I C M A 98340 03117/2005 003857 IDEA ART INC Final Check List CITY OF TEMECULA Page: 4 Description Amount Paid Check Total Refund:Ovrtime Inspection depst 5,258.00 5,258.00 Refund:Nottingham ovrtime inspection Refund:Astoria ovrtime inspection dep 3,000.00 2,460.00 5,460.00 Jan Prgss:Jefferson Ave Rehab 121,382.09 121,382.09 Refund: Ovrtime inspections deposit 180.00 180.00 TCSD instructor earnings 73.85 73.85 Refund: Lifeguard Training @ CRC pool 130.00 130.00 Pressure Washer repairs: PW 131.60 131.60 RegistEmerging Wireless Tech 3/30 99.00 99.00 Misc. Paper for Volunteer Recognition 215.80 215.80 98341 03117/2005 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals 127.15 127.15 98342 03117/2005 000820 K R W & ASSOCIATES 98343 03117/2005 006750 KB HOME COASTAL. INC. Jan/Feb Eng Plan Check SVCS 6,895.00 6,895.00 Refund:temp use pennit TR25004 1,628.00 1,628.00 98344 03117/2005 001091 KEYSER MARSTON ASSOCIAT Feb Affordable Housing consulting svcs 9,352.50 9,352.50 98345 03117/2005 006302 KIDZ LOVE SOCCER, INC 98346 03117/2005 007321 KOPP, JON R. (RANDY) leso instructor earnings leSO instructor earnings leSO instructor earnings leSO instructor earnings leSO instructor earnings leSO instructor earnings leSO instructor earnings TCSO instructor earnings TCSO instructor earnings TCSO instructor earnings TCSO instructor earnings 616.00 504.00 343.00 308.00 280.00 280.00 252.00 224.00 140.00 140.00 112.00 3,199.00 Old Town PA sound sys svcs 600.00 600.00 Page:4 apChkLst 03117/2005 3:08:29PM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Vendor Description Amount Paid Check Total Check # Date 98347 03/17/2005 008632 M G M PLASTICS INC display cases for T. Museum exhibits 284.46 284.46 98348 03117/2005 008640 MACADAM, BILL Reimb: Fire House World Conf:212-4/05 90.74 90.74 98349 03117/2005 004068 MANALlLI, AILEEN TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Credit: TCSD Instructor Earnings 414.75 362.25 182.00 180.25 169.75 63.00 -56.00 1,316.00 98350 03117/2005 001924 MAXIMUS INC Fee Study on Btdg Fees 750.00 750.00 98351 03117/2005 008631 MCBRIDE, COLIN Refund: admin cite# 1057 150.00 150.00 98352 03/17/2005 007669 MILES, KATRINA TCSD Instructor Earnings 455.00 455.00 98353 03117/2005 008627 MILLER, KIMBERLY Refund: Sec. Deposit MPSC 400.00 400.00 98354 03/17/2005 001384 MINUTEMAN PRESS Qty 17,000 window envelopes: Finance business cards: LaReau/Jenkins 888.38 86.74 975.12 98355 03117/2005 000883 MONTELEONE EXCAVATING heavy rains/emerg work:Via Lobo heavy rains/emerg work:Santiago Heavy rains/emerg work: Vallejo Rd C Service Level "W Area's grading svcs 35,152.00 10,540.00 7,872.00 2,700.00 56,264.00 98356 03117/2005 004490 MUSCO SPORTS LIGHTING INC repair/maint of equip: var. park s~es 152.88 152.88 98357 03117/2005 001986 MUZAK -SOUTHERN CALlFORN Mar Music BroadcastOld Town 69.11 69.11 98358 03117/2005 000845 NATIONAL LEAGUE OF CITIES 03/01/05-02/28/06 City Membership 4,008.00 4,008.00 98359 0311712005 008630 NEGRETE, MARIA Refund: Picnic Sheiter 60.00 60.00 98360 03117/2005 002037 NEXUS INTEGRATION SERVICE Telephone System Yea~y Maintenance 7,884.00 7,884.00 98361 03117/2005 001171 ORIENTAL TRADING COMPANY 2005 Volunteer Recogn Supplies 51.60 51.60 PageS apChkLst 03117/2005 3:08:29PM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 98362 03/17/2005 006939 PAINT CONNECTION, THE Res Imp Pgrm: Johnson, Teddy 1,350.00 1,350.00 98363 03/17/2005 004074 PARTY CITY OF TEMECULA IN High Hopes Prgm Supplies 88.25 88.25 98364 03/17/2005 000249 PETTY CASH Petty Cash Reimbursement Spring Egg Hunt '05 Awards 548.41 200.00 748.41 98365 03117/2005 005939 POMMER, APRIL I. TCSD Instructor Eamings TCSD Instructor Earnings 70.00 64.40 134.40 98366 03117/2005 002185 POSTMASTER - TEMECULA Postage for Community Newsletters 4,179.24 4,179.24 98367 03/17/2005 006613 PROJECT MANAGEMENT INST 5/1/05-4/30/06 membership: A. Attar 119.00 119.00 98368 03117/2005 004529 QUAID TEMECULA HARLEY-DA '05 H-O Motorcycle: Tem. Police 10,010.54 10,010.54 98369 03117/2005 002012 ROO EQUIPMENT COMPANY repair/maint of PW back hoe 548.21 548.21 98370 03117/2005 000262 RANCHO CALIF WATER DIST Various Water Meters Mar 01-08-02006-2 Via Cordoba Mar 01-08-06008-1 Via Rio Temecula Various Water Meters Mar 01-08-02000-1 Via Cordoba Various Water Meters Mar 01-06-68000-4 Main Street 3,130.93 357.90 143.67 126.25 123.47 64.79 40.40 3,987.41 98371 03117/2005 008624 REIDARSON, POLLYANNA Refund: Time Machine 95.00 95.00 98372 03117/2005 003591 RENES COMMERCIAL MANAGE Citywide debris clean-up for spec.events 5,000.00 5,000.00 98373 03117/2005 002110 RENTAL SERVICE CORPORATI rental equip for PW Maint Div 141.35 141.35 98374 03/17/2005 008621 RICHARO, DEBBIE release claims agrmnt pmt 376.55 376.55 98375 03117/2005 000353 RIVERSIDE CO AUDITOR Jan '05 parking cite assessments 3,068.25 3,068.25 98376 03117/2005 001365 RIVERSIDE COUNTY OF Renew PermitCRC Pool/Spa 518.00 518.00 98377 03117/2005 001624 ROBERTS, GENIE reimb: CSMFO Conf 2/23-25/05 11.88 11.88 Pagefi apChkLst Final Check List Page: 7 03117/2005 3:08:29PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 98378 03/17/2005 008312 ROSE PAD INC Paramedics backboard pads 436.39 436.39 98379 03/17/2005 006622 ROSS. JESSICA Reimb: Eden Conf 2/14-17/05 100.13 100.13 98360 03117/2006 002226 RUSSO, MARY ANNE TCSD Instructor Earnings 822.50 822.50 98381 03117/2005 000277 S & S ARTS & CRAFTS INC TCSD special events supplies 236.22 236.22 98382 03117/2005 008349 SHEA HOMES Refund:Orr Inspections: Trovato 1,148.54 1,148.54 98383 03117/2005 008625 SHELBURN,THERESE Refund: Mommy and Baby Yoga 11.25 11.25 98384 03117/2005 000537 SO CALIF EDISON Mar 2-01-202-7330 various mtrs 39,448.26 Feb 2-00-397-5059 various mtrs 6,814.78 Mar 2-02-351-5281 CRC 5.068.85 Feb 2-05-791-8807 various mtrs 4,990.96 Mar 2-00-987 -ons various mtrs 4,658.58 Mar 2-06-105-0654 various mtrs 2.641.30 Mar 2-10-331-1353 Fire Stn 84 843.64 64,466.37 98385 03117/2005 005786 SPRINT 01/15-02/14/05 City cellular chrgs 5,629.25 12/15-01/14/05 City cellular chrgs 5,164.23 Phones For S. Nelsonll.8. Dept 840.43 11,633.91 98386 03117/2005 007159 STEVE JULIUS CONSTRUCTIO Refund:overtime inspections 802-3241 180.00 180.00 98387 03117/2005 003449 THE SOILS COMPANY INC site assessments:apn xx-019/xx-021 1,650.00 1,650.00 98388 03117/2005 006914 TEMECULA COPIERS INC. Jan Copier Usage Chrgs:City Fae 3.199.48 3,199.48 98389 03117/2005 000515 TEMECULA VALLEY CHAMBER State/City Addr:3/31 PfT Safety Comm. 120.00 120.00 98390 03117/2005 008518 TEMECULA VALLEY FOUNDAT CSF T.V. Student of the Month prgm 2,000.00 2,000.00 98391 03/17/2005 004274 TEMECULA VALLEY SECURITY Locksmith svcs for MPSC 187.75 187.75 98392 03/17/2005 007250 TETRA TECH INC Jan Dsgn Svcs: Rnbw Cyn Guardrail 3,666.10 3,666.10 98393 03117/2005 008626 TREVINO. ELIZABETH Refund: Mommy and Baby Yoga 11.25 11.25 Page:7 apChkLsI 03117/2005 3:08:29PM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 98394 03/17/2005 008641 TRUSCOTT, DOREEN Reimb Airiare:Police Sister City Exchg 711.77 711.77 98395 03/17/2005 008542 TYSON. BARBARA Refund:Belly Dance - Beginning 35.00 35.00 98396 03117/2005 002702 US POSTAL SERVICE Postage meter deposit 4,354.66 4,354.66 98397 03117/2005 002706 US POSTAL SERVICE Del. Stat. Retrieval Software: Cty Mgr 75.00 75.00 98398 03/17/2005 007766 UNDERGROUNO SERVICE ALE Mar udrgrnd svcs alert tickets:PW 88.20 88.20 98399 03/17/2005 004981 UNISOURCE SCREENING & 02/16-28/05 bckgrnd screening svc 571.50 571.50 98400 03/17/2005 003665 V ARTEC SOLUTIONS INC Feb long distance phone svcs 2.59 2.59 98401 03/17/2005 004261 VERIZON Mar xxx-5072 general usage Mar xxx-1941 PTA CD TTACSD Mar xxx-48gB M. Edwards Mar xxx-3851 general usage 4.581.84 118.08 29.23 -18.80 4,710.35 98402 03/17/2005 004789 VERIZON ONLINE Internet svcslEOC backup @ stn 84 72.83 72.83 98403 03117/2005 000621 WESTERN RIVERSIDE COUNC February '05 TUMF Fees 117,192.40 117,192.40 98404 03/17/2005 008402 WESTERN RIVERSIOE COUNT Feb '05 MSHCP payment 16.193.00 16,193.00 98405 03/17/2005 008418 WOODSIDE WOLF CREEK 1211 Refund:overpaymenVB04-3037 8.06 8.06 98406 03/17/2005 008628 WRIGHT. TINA Refund: Kidz Love Soccer 75.00 75.00 98407 03/17/2005 003776 ZOLL MEDiCAL CORPORATION 1 yr AED's prev mainl Citywide 1,131.38 1,131.38 Grand lotal for UNION BANK OF CALIFORNIA: 71 1,126.30 Page:8 apChkLst Final Check List Page: 1 03/24/2005 1 :26:34PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 476 03/24/2005 000444 I NST A T AX (EOD) State Disability Ins Payment 16.602.66 16,602.66 477 03/24/2005 000283 I NSTATAX (IRS) Federal Income Taxes Payment 64.916.50 64.916.50 478 03/24/2005 001065 NATIONWIOE RETIREMENT Nationwide Retirement Payment 17.490.08 17.490.08 479 03/24/2005 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 92,643.49 92,643.49 ---.--. --..- 480 03/24/2005 000389 U S C M WEST (OBRA). OBRA . Project Retirement Payment 2.387.92 2.387.92 ...~.- ..----------._--- 98408 03/24/2005 008239 4 PAWS TRAINING TCSD instructor earnings 980.00 980.00 98409 03/24/2005 001916 ALBERT A WEBB ASSOCIATES Ann'J admin:Harveston II CFD 03-06 5.500.00 Ann'j admin:weed abatement svcs 5,000.00 10,500.00 98410 03/24/2005 004240 AMERICAN FORENSIC NURSES DUI Drug & Alcohol Screening 172.25 OUI Drug & Alcohol Screening 130.00 302.25 98411 03/24/2005 000747 AMERICAN PLANNING Membership:Matt Peters 113479 329.00 ---- ~ - Membership:Don Hazen 092146 255.00 S84.00 98412 03124/2005 001587 AMERICAN PUBLIC WORKS Membership:William Hughes 612062 152.50 152.50 98413 03124/2005 000101 APPLE ONE INC Temp help PPE 315 Kasparian 672.30 Temp help PPE 3112 Gardner 492.75 Temp help PPE 3/5 Gardner 378.00 Temp help PPE 3/5 Wheeler 297.00 1.840.05 98414 03/24/2005 005590 ARMSTRONG & BROOKS LDS deposit agreement w/city 4,750.00 4,750.00 98415 03124/2005 008062 ARROW STAFF RESOURCES. INC Temp help PPE 3113 Grove/Heer 2,801.9S 2.801.98 98416 03124/2005 006300 ASSOCIATION OF AMERICAN Membership:J.DeGange 90003309 159.00 159.00 98417 03/24/2005 008656 ATKINS. RAYMONO Refund: Sports-Softball-Coed 500.00 500.00 98418 03/24/2005 008661 AVILA. ERIN Refund: Picnic Shelter @ RR Prk 75.00 75.00 98419 03/24/2005 002713 BALLOONS GALORE Balloons for Paublo Prk, 3/8/05 193.95 Balloons for Prk renaming event 145.46 339.41 Page:1 apChkLst Final Check List Page: 2 03124/2005 1 :26:34PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 98420 03/24/2005 002541 BECKER CONSTRUCTION SRVS Repair Rnbw Cnyn guardrail 4.245.00 4,245.00 98421 03/24/2005 008649 BIRNEY. DARRYL Reimb: MagUght Batteries 62.82 62.82 98422 03/24/2005 008605 BONTERRA CONSULTING Biological Monitoring:Via Montezuma 2.545.00 2,545.00 98423 03/24/2005 005055 BROWN. STEVE Reimb:Refrshmnt for Interview Panel 52.01 52.01 98424 03/24/2005 003138 CAL MAT PW patch truck materials 107.40 PW patch truck materials 107.40 PW patch truck materials 106.69 321.49 98425 03124/2005 008613 CALIF BANK & TRUST Rei Retention Esrw 2160075819 Wolf Crk 24,119.10 24.119.10 98426 03124/2005 000837 CALIF DEPT OF FRANCHISE TAX Support Payment case #573767112 103.47 103.47 98427 03124/2005 000398 CALIF MUNI TREASURERS ASSN Mbshp:G.Roberts/K.Grance 120.00 120.00 98428 03124/2005 008331 CAPEL. SANORA Refund: Instant Piano Seminar 25.00 25.00 98429 03124/2005 008659 CATHCART, DIXIE Refund: Notary Public Seminar 70.00 70.00 98430 03/24/2005 003151 COMMERCIAL TRANSPORTATION Class "A" Comm Drivertm: F. Norman 2,117.00 2,117.00 98431 03/24/2005 008594 COMMUNITY BANK ReI/Escrow 280000256: Win.Widening 11.215.00 11,215.00 98432 03/24/2005 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 147.00 147.00 98433 03/24/2005 001193 COMP USA INC Fire Stn 84 wireless access point 103.81 103.81 98434 03/24/2005 000442 COMPUTER ALERT SYSTEMS Re-hang alann bell @ T .Museum 75.00 75.00 98435 03/24/2005 008446 COMPUTER DIRECTIONS LLC Paramedics tmg tracker software 599.00 599.00 98436 03/24/2005 008663 CONGREGATION HAVURIM Refund: Security Depst MPSC 100.00 100.00 98437 03/24/2005 002631 COUNTS UNLlMITEO INC Citywide Trffc Count Data Collection 2,250.00 2.250.00 Page2 apChkLst Final Check List Page: 3 03124/2005 1 :26:34PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 98438 03124/2005 008655 OE FARIA. OIANA Refund: Security Depst TCC 400.00 400.00 98439 03124/2005 003317 DOMENOE, CHERYL Reimb:Tech Track Conf:311S-17/0S 37.n 37.77 98440 03124/2005 008230 OOUGLAS E BARNHART INC Feb Prgss:Wotf Crk Sprts Cmplx 217.072.00 217.072.00 98441 03/24/2005 008403 EAGLE ONE PROOUCTS plastic lumber for picnic tables:Hicks 1,484.50 1,484.50 98442 03/24/2005 002390 EASTERN MUNICIPAL WATER 95366-02 Diego Dr Ldscp 15.18 15.18 98443 03/24/2005 007530 EASTMAN, WENDY M. Lifeguard Training Instructor 1,125.00 1,125.00 98444 03124/2005 003223 EDAW INC Feb monitoring:Pala Bridge 194.00 194.00 98445 03124/2005 008658 ELKINS. JERA Refund: Ballroom Dancing-E.Coast Swing 43.00 43.00 98446 03124/2005 002438 ENGEN CORPORATION Feb compaction testWinchester 2,802.50 2,802.50 98447 03124/2005 002939 ENVIRONMENTAL SYSTEMS Arcinfo & Areview Mnte Sves 5,984.17 ---- - --- Bldg Geodatabases tmg: Beal:5I9.11 1,275.00 Bldg Geodatabases tm:DeGange:S/9-11 1,275.00 8,534.17 98448 03124/2005 005251 EQUIPMENT REPAIR SERVICE Backhoe repair svcs:PW mnte 641.00 641.00 98449 03124/2005 000164 ESGIL CORPORATION Feb plan check svcs: Bldg & Safety 13.296.54 13,296.54 98450 03/24/2005 006487 EUROPEAN CAFE & VINEYARD Refrshmnts:'OS Volunteer Recognition 2.378.04 2.378.04 Page:3 apChkLst Final Check List Page: 4 03124/2005 1 :26:34PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 98451 03/24/2005 003347 FIRST BANKCARO CENTER HOLIDAY INN TT Htl:Eden Conf:Ross:2114-17/05 392.21 TONY ROMAS SJ Refrshmnts:Council Closed Session 198.24 HEWLETT PACKARO TT Troubleshoot laptop computer 124.50 WES FLOWERS SN Flowers from Council to A.Sullivan 106.96 AMERICAN REGISTRY FOR TT Mntc fee for ASN assignment 100.00 - --- --- GODADDY.COM INC. TT Domain:TemeculaPresents.com 36.80 HUNGRY HUNTER JM Refrshmnts:lnterview Panel 36.00 AMAZON.COM. INC TT 2 - MS '03 Outlook manuals 32.98 STADIUM PIZZA JM Refrshmnts:Civic Ctr Design Mtg 31.00 VONS SJ Refrshmnts:Council Closed Session 27.39 VOLKER LUTZ ENTERPRISES. JM Refrshmnts:Rancho Crk Mtg 22.57 MARIE CALLENOER MN Refshmnts:Mtg w/Jeff Stone 22.33 EARTHLlNK INC TT Council members internet svcs 21.95 1.152.93 98452 03/24/2005 008664 FLOGERZI, LEIGH Refund: Security Depst CRC 100.00 100.00 98453 03/24/2005 002982 FRANCHISE TAX BOARD Support Payment case #452379267 75.00 75.00 98454 03124/2005 007078 GIRL SCOUTS OF SAN Refund: Princess Day Event 27.00 27.00 98455 03124/2005 000177 GLENNIES OFFICE PROOUCTS Misc. Office Supplies:City ClrkfTCSD 987.36 Misc. Office Supplies:CouncillCMlEcon 652.98 Misc. Office Supplies:Planning Oept 586.32 Misc. Office Supplies: Fire Prey 298.19 Misc. Office Supplies:Bldg & Safety 267.30 Misc. Office Supplies: CIP 259.59 Misc. Office Supplies: Central Svcs 178.03 Misc. Office Supplies: MPSC 159.85 Misc. Office Supplies:Records Mgmt 119.47 Misc. Office Supplies:lnfo SyslGIS 95.99 Misc. Office Supplies: Human Resource 66.73 3.671.81 98456 03124/2005 008361 GRAPE STOMPERS sa OANCE TCSO instructor earnings 252.00 252.00 98457 03/24/2005 008667 GUCCIONE, MELISSA Refund: Instant Piano Seminar 25.00 25.00 Page:4 apChkLsI Final Check List Page: 5 03124/2005 1 :26:34PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 98458 03/24/2005 008666 GUERRIERO, SUSAN Refund: Instant Piano Sem/Susan G. 25.00 Refund: Instant Piano Sem/Lalli G. 25.00 50.00 98459 03124/2005 004053 HABITAT WEST INC Lg Cnyn Detention Basin Mnte 450.00 450.00 98460 03124/2005 008660 HAMBY. CHRISTINE Refund: Instant Piano SemNicki Hill 25.00 Refund: Instant Piano Sem/Christine H. 25.00 50.00 98461 03124/2005 008657 HARMON EXCAVATING Refund:Withdrew Bldg Prmt 39318 Kimberly 156.80 156.80 98462 03/24/2005 005748 HODSON. CHERYL A. Support Payment 17.54 17.54 98463 03/24/2005 001517 HORIZON HEALTH Mar '05 EE Assistance Program 715.14 Feb '05 EE Assistance Program 715.14 1.430.28 98464 03/24/2005 003624 HOWELL. ANN MARIE Tourism Rack Brochure photo design 2.489.00 Redesign Tourism Rack Brochure layout 2.489.00 Design new Temecula CD Jacket 603.40 5,581.40 98465 03/24/2005 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 8,783.74 8,783.74 98466 03/24/2005 008665 IGLESIAS, ANDREA Refund: Security Depst CRG 100.00 100.00 98467 03124/2005 004406 IGOE & COMPANY INC Mar '05 flex benefit plan pmt 280.85 280.85 98468 03124/2005 002166 INGRAM ELECTRIC Repair TMS ball field lights 2,781.47 2,781.47 98469 03/24/2005 008662 INLAND VALLEY VICTORY Refund: Security Depst MPSC 150.00 150.00 98470 03124/2005 004862 INTL PAVEMENT SOLUTIONS INC Feb prgss:Old Twn S.Gateway Ldscp 102,913.42 102.913.42 98471 03124/2005 003266 IRON MOUNTAIN OFFSITE Records Mgmt Microfilm Storage Unit 230.00 230.00 98472 03124/2005 001186 IRWIN. JOHN TCSD instructor earnings 84.00 84.00 98473 03/24/2005 007535 JACKSON, ADINA Refund:Art to Cake Decorating Tmfr 23.00 23.00 98474 03/24/2005 004831 JOHN R BYERLY INC LDS deposit agreement w/city 2,100.00 2,100.00 98475 03124/2005 007400 KASPEROWICZ. JOHN C.Museum exhibit reimb expenses 423.17 423.17 PageS apChkLst 03/24/2005 1:26:34PM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Vendor Description Amount Paid Check Total Check # Date 98476 03/24/2005 001282 KNORR SYSTEMS INC Aquatic - o-ring & strainer cover 143.74 143.74 98477 03/24/2005 004051 LOR GEOTECHNICAL GROUP Geotech testing:Pechanga PkVoJy Geotech testing:Pechanga PkVoJy 1.382.50 780.00 2.162.50 98478 03/24/2005 003605 LAKE ELSINORE STORM 6/3 Baseball game ticket depst 52.00 52.00 98479 03124/2005 004412 LEANDER, KERRY D. TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 185.50 169.75 63.88 42.00 461.13 98480 03124/2005 003286 LIBRARY SYSTEMS & SERVICES Feb svcs-ribrary system agnnnt Feb svcs-library system agrmnt 9.791.97 1,211.39 11.003.36 98481 03/24/2005 004905 LIEBERT, CASSIDY & WHITMORE Feb HR legal svcs for TE060-#Ql 2.160.00 2.160.00 98482 03124/2005 008383 L1M & NASCIMENTO Margarita Rd undercrossing en9. design 1,965.00 1.965.00 98483 03/24/2005 003782 MAIN STREET SIGNS hardware/supplies for signs: PW 248.90 248.90 98484 03124/2005 004141 MAINTEX INC custodial supplies: various parks custodial supplies: children's museum custodial supplies: TV museum custodial supplies: maint. facility 356.44 346.28 206.16 146.27 1.055.15 98485 03/24/2005 001967 MANPOWER TEMPORARY temp help w/e 03106 HooflDankworth temp help w/e 02127 HooflDankworth 1.162.40 798.24 1,960.64 98486 03124/2005 002664 MAR CO INDUSTRIES INC CRC prev maint on custodial equip equip preventative maint: CRC 665.43 521.70 1,187.13 98487 03124/2005 008670 MCALLISTER. LAUREN release claims agreement pmt 2,345.96 2,345.96 98488 03124/2005 006571 MELODY'S AD WORKS reimb exp:permit for Bluegrass Festival 220.00 220.00 98489 03/24/2005 001905 MEYERS, DAVID WILLIAM TCSD Instructor Earnings TCSD Instructor Earnings 525.00 455.00 980.00 98490 03/24/2005 007210 MIDORI GAROENS Feb Idscp maint: neighborhood parks credit: no svc provided @ HalVeston Prk 34.300.00 -3.400.00 30,900.00 98491 03124/2005 008091 MILLMORE'S WA:X CREW vehicle maintldetail for PW CIP Div 75.00 75.00 PageS apChkLst 03/24/2005 1:26:34PM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 98492 03/24/2005 001384 MINUTEMAN PRESS business cards: M. Betz business cards: T Goss & L Salazar business cards: B. Riggs 115.55 86.74 43.37 245.66 98493 03/24/2005 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 157.50 157.50 141.75 456.75 98494 03/24/2005 001892 MOBILE MODULAR 2/18-3119 modular bldg rental: Stn 92 832.40 832.40 98495 03/24/2005 007011 MORRIS MEYERS MAINTENANCE Feb maint svcs:park r.r./picnic shelters 4.900.00 4,900.00 98496 03/24/2005 008454 MURRIETA VALLEY RV SRVC INC hot water heater:Fire Prey event trailer 106.18 106.18 98497 03/24/2005 000233 NELSON, SHAWN Reimb:Congressional City Cf 3/11-15/05 63.20 63.20 98498 03/24/2005 008673 NEUGART, TIFFANI Refund: Picnic Shelterrremeku Hills Park 48.00 48.00 98499 03/24/2005 002037 NEXUS INTEGRATION SERVICES 01/12-13/05 cabling/network malnt svcs 2/25 cabling/network maint svcs 2/28 cabling/network maint svcs 108.00 96.00 96.00 300.00 98500 03/24/2005 002139 NORTH COUNTY TIMES Feb recruitment ads for H.R. Dept. Credit: overcharged Empl of Choice ad 973.60 -35.00 938.60 98501 03/24/2005 006721 OFFICEMAX. - A BOISE COMPANY Misc office supplies: Finance Misc office supplies: Finance Misc office supplies: Finance 111.20 74.67 16.32 202.19 98502 03/24/2005 002105 OLO TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs 894.30 248.01 140.06 121.83 80.91 77.58 69.82 69.82 64.52 52.87 31.34 23.50 22.42 1.896.98 98503 03/24/2005 002668 OMEGA LAKE SERVICES Feb Duck Pond water maint. svcs 466.50 466.50 Page:7 apChkLst Final Check List Page: 8 03124/2005 1 :26:34PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 98504 03124/2005 001619 ORANGE COUNTY REGISTER INC Mar recruitment ads for H.R. Dept. 725.10 725.10 98505 03124/2005 001171 ORIENTAL TRAOING COMPANY Volunteer Recognition Supplies 183.70 Volunteer Recognition Supplies 35.70 219.40 98506 03124/2005 003955 PANE CONSULTING SERVICE Volunteer Recognition Awards 1,196.01 1,196.01 98507 03124/2005 004074 PARTY CITY OF TEMECULA INC MPSC Recreation Supplies 61.34 61.34 98508 03124/2005 003218 PELA Feb Idscp Inspection:Pechanga Pkwy 990.00 Feb Pin Ckllnspection:O.T.Gateway Ldsc 585.00 1.575.00 98509 03124/2005 000246 PERS (EMPLOYEES' CalPERS actuarial studies 200.00 200.00 ------------ 98510 03124/2005 001958 PERS LONG TERM CARE PERS Long Term Care Payment 288.55 288.55 98511 03124/2005 000249 PETTY CASH Petty Cash Reimbursement 589.44 589.44 98512 03/24/2005 000253 POSTMASTER Express Mail & Postal Svcs 55.75 55.75 98513 03124/2005 000254 PRESS ENTERPRISE COMPANY Feb recruitment ads for H. R. Dept. 2,863.72 2.863.72 98514 03124/2005 003697 PROJECT OESIGN 01/10-02106105 Svcs: SR79S Medians 4,312.50 01/10-02106105 Dsgn:Murr.Crk Bridge 828.44 5,140.94 98515 03124/2005 005075 PRUOENTIAL OVERALL SUPPLY uniformslflr maVtowel rentals: City 891.60 Credit: .prep chrg. not part of contract -1.00 890.60 98516 03124/2005 004627 PUBLIC SAFETY TECHNOLOGIES Repair & Maint: Police Radios 893.52 893.52 98517 03/24/2005 004529 QUAIO TEMECULA HARLEY- Police motorcycles repair/maint svcs 651.07 651.07 98518 03124/2005 004453 R C ENTERPRISES Self inking stamp:Finance 37.52 37.52 98519 03124/2005 001364 R C P BLOCK & BRICK INC graffiti remover supplies: var. parks 607.71 607.71 98520 03/24/2005 002012 ROO EQUIPMENT COMPANY repair/maint of PW back hoe 438.87 438.87 98521 03/24/2005 006664 R R M DESIGN GROUP Consulting Svcs:Citywide Design 266.50 266.50 PageS apChkLst 03124/2005 1 :26:34PM Final Check List CITY OF TEMECULA Page: 9 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 98522 03124/2005 002612 RAOIO SHACK INC Computer Supplies: I.S. Dept Computer Supplies: I.S. Dept 71.72 13.34 85.06 98523 03/24/2005 000262 RANCHO CALIF WATER DISTRICT Various Water Meters Mar 01-02-98010-0 Fire Stn 84 Mar 01-04-10033-2 Marg Rd Mar 01-02-98000-0 Fire Stn 84 3,125.94 47.52 46.97 11.93 3,232.36 98524 03124/2005 000947 RANCHO REPROGRAPHICS Dup. Blueprints: Pauba Ad Imprvmnts Dup. Blueprints: Rainbow Cnyn Dup. Blueprints: Paiba Rd Imprvmnts Dup. Blueprints: Soundwall Ldscp Imprv 50.43 46.55 21.43 18.95 137.37 98525 03/24/2005 005972 RAU, ANOY J. Bluegrass Festival entertafnment:3I19-20 800.00 800.00 98526 03124/2005 004584 REGENCY LIGHTING TV museum electrical supplies C. Museum electrical supplies Credit: C. Museum electrical supplies 187.49 28.27 -1.77 213.99 98527 03124/2005 004498 REPUBLIC ELECTRIC 2/18 On-Call Traffic Signal Maint Svc 2/07 On-Call Traffic Signal Maint Svc 3,820.00 1,478.25 5.298.25 98528 03124/2005 007402 RICHARO BRADY & ASSOCIATES 01/30-02126/05 DS9n. Field Op Center 30,673.63 30.673.63 98529 03124/2005 002412 RICHAROS WATSON & GERSHON Feb 2005 legal services Jan 2005 legal services Credit: Invoice overchrg 11086-0616 96,189.02 86,975.58 .57.50 183,107.10 98530 03124/2005 002412 RICHARDS WATSON & GERSHON legal services: 11086-0114 3.610.17 3,610.17 98531 03124/2005 006483 RICHAROS. TYREASHA I. TCSD Instructor Eamings TCSD Instructor Earnings TCSD Instructor Eamings 378.00 49.00 24.50 451.50 98532 03/24/2005 000411 RIVERSIDE CO FLOOD CONTROL NPDES Cost Share: Santa Margarita Rvr 65.086.50 65,086.50 98533 03124/2005 002181 RIVERSIDE CONSTRUCTION Prgs pmt #3:Winchester Widening/00-27 100,935.00 100.935.00 98534 03124/2005 007830 ROAO BUILDERS INC Prgs pmt #8: Wolf Vly Crk Chn1/99-11CH 88,858.45 88.858.45 98535 03124/2005 000873 ROBERTS. RONALD H. Reimb:Congressional City Cf 3/11-14/05 760.21 760.21 98536 03/24/2005 001942 S C SIGNS Jan posting public notices: Planning Feb posting public notices: Planning Jan posting public notices: City Clerk Feb posting public notices: City Clerk 1,190.00 1,105.00 935.00 340.00 3,570.00 PageS apChkLsI Final Check List Page: 10 03/24/2005 1 :26:34PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 98537 03124/2005 005227 SAN DIEGO COUNTY OF Support Payment case #DF099118 25.00 25.00 98538 03124/2005 000278 SAN OIEGO UNION TRIBUNE Feb recruitment ads for H.R. Dept. 895.23 895.23 98539 03124/2005 006815 SAN DIEGO, COUNTY OF Support Payment case #581095025 12.50 12.50 98540 03124/2005 008676 SCHIFFER. LONNIE Refund-Picnic MeadolNS Park 72.00 72.00 98541 03124/2005 007342 SHUTE, MIHALY & WEINBERGER Feb legal selVices pmt 117.60 117.60 98542 03/24/2005 005940 SKY CANYON STUOIOS Dance Photos: High Hopes 858.00 additional sales tax owed 4.00 862.00 98543 03124/2005 000645 SMART & FINAL INC Employee Recognition Supplies 252.50 employee recognition supplies 219.19 Budget kick-off mtg supplies: Finance 130.72 Family Fun Nights Supplies 51.54 High Hopes Prgm Supplies 46.86 700.81 98544 03124/2005 000537 SO CALIF EOISON Mar 2-01-202-7603 arterial street lights 14,202.26 Feb 2-19-999-9442 various mtrs 1,428.16 Mar 2-25-393-4681 T.E.S. Pool 637.81 Feb 2-24-151-6582 various mtrs 120.99 Mar 2-24-628-8963 Btrtld Stage 27.41 16.416.63 98545 03124/2005 000519 SOUTH COUNTY PEST CONTROL Pest control SIVCS: K. Hintergardt Pk 126.00 126.00 98546 03124/2005 007851 SOUTHCOAST HEATING & AIR City Hall HV AC repair svcs 2,630.00 City Hall HVAC repair svcs 250.39 City Hall HV AC repair svcs 122.50 3,002.89 98547 03124/2005 002366 STEAM SUPERIOR CARPET Feb floor maint svcs @ MPSC 800.00 Jan floor maint svcs @ MPSC 800.00 MPSC carpet cleaning 350.00 janitorial svcs @ Childrens' Museum 80.00 janitorial svcs @ CRC 80.00 2,110.00 98548 03124/2005 000305 TARGET STORE TCSD Special Events Supplies 130.40 130.40 98549 03124/2005 006914 TEMECULA COPIERS INC. Feb copier usage chrgs:City Facilities 3,896.49 3.896.49 98550 03124/2005 0086n TEMECULA SWIM CLUB Refund: Security Deposit 150.00 150.00 Page:10 apChkLst Final Check List Page: 11 03124/2005 1 :26:34PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 98551 03/24/2005 000307 TEMECULA TROPHY COMPANY namebadge/plates: Edwards/Jacobs 25.59 25.59 98552 03/24/2005 000515 TEMECULA VALLEY CHAMBER State of City: J & J Laskin/C Gamboa 90.00 90.00 98553 03124/2005 008678 TEMECULA VALLEY Refund: Security Deposit CRC 3/24/05 100.00 100.00 ---- ----- 98554 03124/2005 007340 TEMECULA VALLEY FIRE EQUIP. fire extinguisher maint svclequipment 42.06 42.06 98555 03124/2005 000306 TEMECULA VALLEY PIPE & various parks irrigation supplies 514.16 514.16 98556 03/24/2005 004274 TEMECULA VALLEY SECURITY Locksmith svcs for Harveston Park 65.00 dupl keys for Fire Prey 11.21 76.21 98557 03124/2005 003140 TEMECULA VALLEY TCSD Instructor Earnings 110.25 -.-.-..-..- - TCSD Instructor Earnings 42.00 152.25 98558 03124/2005 008675 TENGONCIANG, LORENA Refund: Sec.DeposiVRoom Rental 391.00 391.00 98559 03124/2005 003715 TMT PATHWAY LLC paint for PW Maint stencil truck 6,983.03 6,983.03 98560 03124/2005 005937 TOMCZAK, MARIA T. TCSD Instructor Earnings 70.00 70.00 98561 03124/2005 002452 TOP LINE INDUSTRIAL PW small equipment parts 30.02 30.02 98562 03124/2005 008125 TOTTEN, MICHELLE, M. TCSD Instructor Earnings 196.00 TCSD Instructor Earnings 168.00 TCSD Instructor Earnings 112.00 476.00 98563 03/24/2005 007433 TOVEY SHULTZ CONSTRUCTION Prg pmt #12: Comm Theater/PW02.23 267,724.67 267.724.67 98564 03/24/2005 003031 TRAFFIC CONTROL SERVICE INC 28" Cones w/CoJlars for PW Maint Div 2,206.18 Sealant for PW Maint Div 107.70 2,313.88 98565 03/24/2005 008674 TRICK SHOP. THE Refund:Sec. DeposiVMPSC-Craft Room 150.00 150.00 98566 03/24/2005 008671 TRIPPLET, DALENA Refund: Just 4 Kidz 70.00 70.00 98567 03/24/2005 006192 TRISTAFF GROUP temp help w/e 03106 LongfTidwell 1,033.18 temp help w/e 02127 Tidwell 286.00 temp help w/e 02120 Tidwell 171.93 1,491.11 Page:11 apChkLst 03124/2005 1 :26:34PM Final Check List CITY OF TEMECULA Page: 12 Bank: union UNION BANK OF CAUFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 98568 03124/2005 008672 TUCKER, LINDA Refund: Tennis. Beginning Jr. 45.00 45.00 98569 03124/2005 000459 TUMBLE JUNGLE FITNESS GYM TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 542.26 392.00 380.27 371.00 242.66 242.08 148.40 130.66 2.449.33 98570 03/24/2005 004895 TUMBLES. J.W. TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 403.20 348.60 290.50 268.80 134.40 134.40 67.20 1,647.10 98571 03/24/2005 007118 US TELPAC1FIC CORPORATION Mar Internet IP Addresses Block 539.75 539.75 98572 03124/2005 002065 UNISOURCE Central Services paper supplies 2.072.63 2.072.63 98573 03/24/2005 004981 UNISOURCE SCREENING & 311-15/05 bckgrnd screening svcs 247.50 247.50 98574 03124/2005 000325 UNITED WAY United Way Charities Payment 59.50 59.50 98575 03124/2005 004368 VAll COOPER & ASSOCIATES Feb temp inspection svcs: A Aguilar 6,606.00 6.606.00 98576 03124/2005 006807 VANIR CONSTRUCTION 09/01-01/31/05 svcs:Roripaugh Fire Stn Jan Constr Mgmt Svcs:Comm Theater 24,743.53 20,798.04 45,541.57 98577 03124/2005 004261 VERIZON Mar xxx-0073 general usage Mar xxx-1473 P.O. O.T. Stn Mar xxx-8573 general usage Mar xxx-5473 Moraga Rd 234.92 77.40 30.73 28.27 371.32 98578 03/24/2005 004789 VERIZON ONLINE Internet svcs: P.O. O.T. Stn 203.57 203.57 98579 03/24/2005 004848 VERIZON SELECT SERVICES INC Mar long distance phone svcs 1.439.99 1.439.99 98580 03124/2005 003730 WEST COAST ARBORISTS INC 02116-28/05 Citywide tree maint svcs Emergency tree removal:1/9/0S RRSP Emergency tree removal:1n/05 S8 vlgs 7,650.00 800.00 400.00 8,850.00 Page:12 apChkLst 03124/2005 1 :26:34PM Final Check List CITY OF TEMECULA Page: 13 Bank: union UNION BANK OF CALIFORNIA (Continued) Amount Paid Check Total Check # Date Vendor Description 98581 03/24/2005 005706 WESTERN PACIFIC SIGNAL LLC Equip for Citywide traf sgnl 6,606.42 6.606.42 96562 03/24/2005 004829 WILSON GROUP LLC. THE Mar State lobbyist svcs for City issues 3.500.00 3.500.00 98583 03124/2005 001544 YEAGER SKANSKA INC Prg pmt #11 :Wolf Vly Creek Channel 244,790.64 244,790.64 Grand total for UNION BANK OF CALIFORNIA: 1,849,314.10 Page:13 apChkLst Final Check List Page: 1 03131/2005 11 :30:32AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 98584 03129/2005 006832 RIVERSIDE CO CLERK OF THE Revised RedhawklVail Ranch Annex. 64.00 64.00 98585 03130/2005 003310 RIVERSIDE LOCAL AGENCY Redhawk Annexations fees 12,000.00 12,000.00 98586 03/31/2005 001985 A E P (ASSOC OF ENVIRO PROF) RegistAEP Cf:5121-23:Brown/Hogan 590.00 590.00 98587 03131/2005 002038 ACTION POOL & SPA SUPPLY Pool sanitizing chemicals 32.02 32.02 98588 03/31/2005 000106 ALFAX WHOLESALE FURNITURE T.Museum folding chairs 1.125.59 1,125.59 98589 03131/2005 008526 ALL STAR PROMOTIONS Tffc Safety Commissioners recognition 53.87 53.87 98590 03/31/2005 008686 ALMAZAN, SONORA Refund: Amazing Chefs 5.00 5.00 98591 03/31/2005 004240 AMERICAN FORENSIC NURSES Feb DUI Drug & Alcohol Screening 97.50 97.50 98592 03/31/2005 008595 AMERICAN INTL GROUP INC Mar '05 workers' camp premium 51,818.00 51.818.00 98593 03/31/2005 000747 AMERICAN PLANNING Membership:Stuart Fisk 127716 303.00 303.00 ASSOCIATION 98594 03/31/2005 007996 AMERICAN WEST LANDSCAPE Prgss PmtPechanga Pkwy Ldscp 81.501.38 81,501.38 INC 98595 03/31/2005 000101 APPLE ONE INC Temp Help PPE 3/5 & 3/12 Buchanan 756.00 Temp help PPE 3/12 Kasparian 696.60 Temp help PPE 3/23 Kasparian 672.30 Temp help PPE 3/19 Cole 475.20 2,600.10 98596 03/31/2005 001561 ARCH WIRELESS Mar-Jun paging/rental svcs 484.54 484.54 98597 03/31/2005 008062 ARROW STAFF RESOURCES, INC Temp help PPE 3/20 Grove/Heer 3,195.87 3,195.87 98598 03/31/2005 002648 AUTO CLUB OF SOUTHERN Membership: Eric Rodecker 52094984 45.00 Membership: Randy West 41878414 45.00 Membership: Rodney Tidwell 63295026 45.00 135.00 98599 03/31/2005 002713 BALLOONS GALORE Balloons for egg hunt 3/26/05 457.93 457.93 Page:1 apChkLst Final Check List Page: 2 03131/2005 11 :30:32AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Oate Vendor Description Amount Paid Check Total 98600 03/31/2005 002541 BECKER CONSTRUCTION SRVS Heavy rains repairs:Mercedes St. 3.500.08 Heavy rains repairs:J.Smith Rd 1,631.20 Heavy rains repairs:J.Smith Rd 1,461.98 6,593.26 98601 03/31/2005 008690 BEST IN SHOW OOG WASH LLC Refund: Building pennit ovrpmt 1,650.80 1.650.80 98602 03/31/2005 004262 BIO-TOX LABORATORIES Feb DUI Drug & Alcohol Screening 437.90 Jan-Feb DUI Drug & Alcohol Screening 349.65 787.55 98603 03/31/2005 008685 CABRAL. MANUAL Reimb: Fac Impr Prgm- Bloodies Boutique 135.00 135.00 98604 03131/2005 003138 CAL MAT PW patch truck materials 213.72 PW patch truck materials 180.64 PW patch truck materials 144.73 PW patch truck materials 108.46 PW patch truck materials 73.97 PW patch truck materials 71.84 793.36 98605 03131/2005 005384 CALIF BAGEL BAKERY & DELI Refreshments:Citizen Corps Mtg 4/16 242.44 Refreshments:Citizen Corps Mtg 4/17 196.64 439.08 98606 03131/2005 004248 CALIF OEPT OF JUSTICE- Fingerprinting 10 svcs:Police/HR 3.293.00 3,293.00 98607 03/31/2005 004971 CANON FINANCIAL SERVICES, Apr Lease Pmt For City Copiers 6,930.78 Apr lease pml for CRC/Sln 73 Copiers 328.63 Apr lease pml for Stn 12 Copier 69.96 7,329.37 98608 03/31/2005 008684 CARPENTER. THERESA L Reimb: Fac Impr Prgm- My Favorite Things 135.00 135.00 98609 03/31/2005 005417 CINTAS FIRST AIO & SAFETY First aid supplies:City Hall 69.05 First aid supplies:PW Mntc 58.60 127.65 98610 03/31/2005 001193 COMP USA INC Computer supplies:Ethernet Adptr. IS 85.90 85.90 98611 03/31/2005 000442 COMPUTER ALERT SYSTEMS Unstrapped panel: Mntc Fac 95.00 95.00 98612 03/31/2005 002945 CONSOLiOATED ELECTRICAL Elect supplies: Old Town 97.68 Elect. supplies; Old Town 34.48 132.16 98613 03/31/2005 001923 CONVERSE CONSULTANTS Jan Material T esting:Jefferson Rd 766.00 766.00 98614 03/31/2005 003739 COTTON BRIOGES ASSOCIATES Feb '05 General plan update svcs 1.425.95 1.425.95 98615 03131/2005 003986 COZAD & FOX INC Feb Survey: Winchester Widening 3,636.00 3,636.00 Page2 apChkLst Final Check List Page: 3 03/31/2005 11 :30:32AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 9S616 03/31/2005 006954 CRAFTSMEN PLUMBING & HVAC CRC plumbing repairs 455.00 455.00 96617 03/31/2005 001009 D B X INC Trffc Signal:MeadowslLa Serena 72,700.20 72,700.20 98618 03/31/2005 004123 D L PHARES & ASSOCIATES Apr Lease & Cam Chrgs:Police 2.141.58 2,141.58 98619 03131/2005 003945 OIAMONO ENVIRONMENTAL Portable restrooms:Bluegrass Festival 5n.75 Portable restrooms:C.Museum 116.07 Creditnon-contract item:fuel surchg .2.52 691.30 98620 03/31/2005 000684 DIEHL EVANS & COMPANY LLP Audit srvcs:State Transp Impr P~t 1.000.00 1,000.00 98621 03/31/2005 007866 DIETERICH INTERNATIONAL Pw Mntc Vehicle Repairs 375.83 375.83 98622 03131/2005 004192 OOWNS COMMERCIAL FUELING Fuel for city vehicles: PW Mntc 1,157.74 Fuel for city vehicles:TCSD 1.122.28 Fuel for city vehicles: LandlCIP 524.40 2,804.42 98623 03/31/2005 002528 EAGLE GRAPHIC CREATIONS EE engraved coffee mugs 100.21 100.21 98624 03131/2005 000161 EDEN SYSTEMS INC Payroll standard report form update 250.00 250.00 98625 03/31/2005 002438 ENGEN CORPORATION Feb material testing:Winchester Rd 866.25 666.25 98626 03131/2005 002939 ENVIRONMENTAL SYSTEMS ARC IMS consulting svcs 19,588.92 19,588.92 --~- ~~ 98627 03/31/2005 005251 EQUIPMENT REPAIR SERVICE Patch Truck Repair Svcs:PW mntc 427.00 Dump Truck Repair Svcs:PW mntc 300.00 727.00 98628 03131/2005 006487 EUROPEAN CAFE & VINEYARD Refrshmnts:Council closed session 34.26 34.26 98629 03/31/2005 001056 EXCEL LANDSCAPE Dee Idscp mntc:Harveston Prk 3,900.00 Oct-Dee Idscp impr:Harveston Medians 3,170.00 Feb Idscp impr:Sports Parks 1.600.00 Feb ldscp impr:Campos Verded 997.15 Feb Idscp impr:Sports Park 640.00 10,307.15 98630 03131/2005 000478 FAST SIGNS C.Museum clear acrylic boxes 339.41 339.41 98631 03/31/2005 000165 FEOERAL EXPRESS INC Express mail services 340.65 340.65 Page:3 apChkLsl Final Check List Page: 4 03131/2005 11 :30:32AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 98632 03/31/2005 004000 FENCING BY ACREY INC Res Imp Prgm: Lehman, L & A 3.995.00 3,995.00 98633 03/31/2005 000166 FIRST AMERICAN TITLE Lot Book Reprt: Walters 75.00 Lot Book Reprt: Wiggins 75.00 Lot Book Reprt: Jackson 75.00 225.00 98634 03/31/200S 003347 FIRST BANKCARO CENTER 001500 SAN DIEGO REGIONAL TRAIN DU RegistWriting Resutts:CD/SF: 3/9-10 490.00 007227 MEXICO CHIOUITO DU Refreshments:PJanning Comm Mtg 36.36 526.36 98635 03/31/2005 008687 FOLEY, HOLLY Refund: Amazing Chefs 5.00 5.00 98636 03/31/2005 007866 G C S SUPPLIES INC Printer Toner Supplies:Citywide 1,292.19 Printer Toner Supplies:Citywide 63.25 1,355.44 98637 03/31/2005 000173 GENERAL BINDING Binding/lamination Supplies:Ctrl Svcs 29.65 29.65 - - -- - - -.- 98638 03/31/2005 005405 GILLlLANO. ROBIN Reimb: '05 CPRS COnf:3/9-13/05 96.41 96.41 98639 03/31/2005 000177 GLENNIES OFFICE PRODUCTS Office Supplies:Citizen Corps 91.53 91.53 98640 03/31/2005 005947 GOLOEN STATE OVERNIGHT Express Mail Service:Fire Prevo 54.75 54.75 98641 03/31/2005 008647 GOODING. EOWIN Bluegrass Festival entertainment 600.00 600.00 98642 03/31/2005 004188 HARRIS & ASSOCIATES Consultant:Harveston Acquisition Audit 1,585.00 1.585.00 98643 03/31/2005 008689 HAWKINS, DENISE Refund: Pablito's Spanish Academy 195.00 195.00 98644 03/31/2005 001135 HEAL THPOINTE MEOICAL New EE physicals & drug screenings 170.00 170.00 GROUP INC 98645 03/31/2005 002906 HEMET FENCE COMPANY Res Imp Pgrm: Chiarelli, Iris 3,795.00 3,795.00 98646 03/31/2005 007620 HEWETT. JACYLN Refund: Sr Excursions-Whale Watching 25.00 25.00 98647 03/31/2005 007414 HOHMAN. AMBER Refund: Kidz Love Soccer 75.00 75.00 98648 03/31/2005 003938 IAN DAVIDSON LANOSCAPE- Revise First/Front St Idscp design 1.305.00 IDLA Revise First/Front St Idscp design 296.00 1,601.00 Page:4 apChkLst Final Check List Page: 5 03131/2005 11:30:32AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 98649 03131/2005 004833 IMPERIAL PAVING COMPANY INC Heavy Rains Repairs:J.Wamer Rd. 29,334.00 29,334.00 98650 03131/2005 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals 391.35 Pool sanitizing chemicals 190.72 Pool sanitizing chemicals 146.22 728.29 98651 03/31/2005 004884 J & W REDWOOO LUMBER CO Old Town maintenance supplies 65.95 65.95 98652 03/31/2005 004265 JEWELL FENCE COMPANY Res Imp Prgm: Osmond, Lisa 2.200.00 2,200.00 98653 03131/2005 007671 JONES. MARILYN TCSD instructor eamings 490.00 490.00 98654 03131/2005 003046 K FROG 95.1 FM RAOIO Radio broadcasting:Bluegrass Festival 798.00 798.00 98655 03131/2005 005988 KEEFER, BRIAN P. Reimb: Fac Impr Prgm- Rachel's Place 135.00 Reimb: Fac Impr prgm. Tern. Psychic 135.00 270.00 98656 03/31/2005 000206 KINKOS INC Stationery paper/mise supplies 5.38 5.38 98657 03131/2005 001719 L P A INC Feb:Library Donor Related Issues 1,135.00 1,135.00 98658 03/31/2005 003726 liFE ASSIST INC Supplies for Paramedic squad 2.856.66 2,856.66 98659 03131/2005 008688 LLOYO, SHANTE Y. PERKINS Refund: Amazing Chefs 5.00 5.00 98660 03131/2005 006897 LORY, SUSAN, J. TCSD instructor earnings 425.60 TCSD instructor earnings 418.95 TCSD instructor earnings 418.95 TCSD instructor earnings 372.40 TCSD instructor earnings 359.10 TCSD instructor earnings 305.90 TCSD instructor earnings 295.93 TCSD instructor earnings 269.33 TCSD instructor earnings 239.40 3,105.56 98661 03/31/2005 001967 MANPOWER TEMPORARY temp help w/e 03/13 HooflDankworth 1,162.40 1.162.40 98662 03/31/2005 000220 MAURICE PRINTERS INC Printing Svcs: March Newsletter 5,722.60 printing svcs: mayor city postcards 1,144.31 printing svcs: postcard envelopes 268.30 7.135.21 98663 03131/2005 007669 MILES. KATRINA TCSD Instructor Earnings 210.00 210.00 PageS apChkLst 03/3112005 11 :30:32AM (Continued) Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 96664 03/31/2005 001364 MINUTEMAN PRESS 96665 03/31/2005 006663 MOCHIZUKI, SHERRY 96666 03/31/2005 000663 MONTELEONE EXCAVATING Final Check List CITY OF TEMECULA Page: 6 Description Amount Paid Check Total Business Cards: Art Pina business cards: Debbie Brown business cards: Officer D Truscott 43.37 43.37 43.37 130.11 Refund: Amazing Chefs 1003.103 5.00 5.00 Heavy rains repairs:Duck Pond Heavy rains repairs:J.Smith/Hwy79 1,312.00 1,312.00 2.624.00 98667 03/31/2005 008528 NICHOLS, MELBURG & ROSETTO Feb consulting: civic center complex 2,437.50 2.437.50 98668 03131/2005 002139 NORTH COUNTY TIMES Feb public notice ads: C.C. & Planning 927.96 927.96 96669 03/31/2005 006140 NORTH JEFFERSON BUSINESS 96670 03/31/2005 002100 OBJECT RAOIANCE INC Bus.Prk Assn Dues:F.V.l115 XX20 Bus.Prk Assn Dues:F.V.l115 Xx17 447.00 329.00 776.00 TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 315.00 225.75 70.67 47.25 656.67 98671 03131/2005 006721 OFFJCEMAX - A BOISE COMPANY City Hall space plan rnodifications City Hall Space Plan Modifications Misc office supplies: Code Enforcement City Hall space plan modifications Misc office supplies: Finance City Hall space plan modifications City Hall space plan modifications 96672 03/31/2005 002105 OLO TOWN TIRE & SERVICE 96673 03/31/2005 002256 P & 0 CONSULTANTS INC 96674 03/31/2005 002734 P V P COMMUNICATIONS INC 96675 03/31/2005 006939 PAINT CONNECTION, THE 96676 0313112005 006692 PISCOPO, JOHN 1,470.66 1,051.02 119.10 106.01 79.13 -162.53 -753.16 1.690.23 City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs 499.69 131.34 63.24 694.47 Feb temp help-bldg inspector. Henderson 10.145.52 10,145.52 Helmets/Communication Kits: Police 703.65 703.65 Res Imp prgm: Fredrickson, Linda 2.613.00 2,613.00 Refund: Skate Park admission fee 5.00 5.00 98677 03/31/2005 003493 PRO-CRAFT OVERHEAD DOORS Debit: add'l work amendment completed 167.06 167.06 98678 03131/2005 001416 QUICK CRETE PRODUCTS INC 30 gallon plastic liners: various parks 376.05 376.05 Pagefi apChkLst 0313112005 11 :30:32AM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK OF CAUFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 98679 03/31/2005 002012 ROOEQUIPMENTCOMPANY repair/maint of PW back hoe repair/maint of PW back hoe 116.37 62.18 178.55 98680 03131/2005 004029 R J M DESIGN GROUP INC Jan Dsgn Svcs: Sports Complex 8.431.61 8.431.61 98681 03/31/2005 000728 RAMSEY BACKFLOW & Backflow Testing: Various Slopes Backflow Testing: Various Parks Backflow Testing: Various Slopes Backflow Testing: Various Slopes Backflow Testing: Various Parks 1,005.00 660.00 300.00 240.00 160.00 2.365.00 98682 03131/2005 002072 RANCHO CALIF WATER OIST- install water meter:Pechanga Pkwy 1,457.59 1.457.59 98683 03131/2005 000262 RANCHO CALIF WATER DISTRICT MarOl-08-81117-2 Calle Banuelos Mar 01-08-87002-4 Welton Wy Mar 01-15-00101-2 Winchester Crk Ave Mar 01.15-01500 Margarita Rd Mar 01-08-83500-3 Tulley Ranch Rd Mar 01-08-38009-0 Fire Stn 92 Mar 01-08-81000-2 Nighthawk Pass Mar 01-08-00037-1 Cupeno Ln Lscp Mar 01-04-87360-1 Rancho Mar 01-08-82000-2 Johnston Dr Mar 01-04.47069.1 Margarita Rd 177.60 63.92 59.51 50.66 48.48 47_37 36.53 34.02 29.14 19.44 11.54 578.21 98684 03/31/2005 000947 RANCHO REPROGRAPHICS dup. blueprints: Temecula Library Dup. Blueprints: Wolf Creek Sports Pk Dup. Blueprints: Multi.Trail System 193.95 135.33 6.98 336.26 98685 03131/2005 004584 REGENCY LIGHTING C.Museum electrical supplies 458.41 458.41 98686 03131/2005 004498 REPUBLIC ELECTRIC Feb On-Call Traffic Signal Maint Svc 2/24 On.Call Traffic Signal Maint Svc 1,926.50 186.00 2,112.50 98687 03131/2005 000955 RIVERSIOE CO SHERIFF SW STN Rod Run Patrol: 2/25-27/05 23,889.70 23,889.70 98688 03/31/2005 000406 RIVERSIOE CO SHERIFFS OEPT 1/6/05 - 2/2/05 :Iaw enforcement 804.863.40 804,863.40 98689 03/31/2005 003587 RIZZO CONSTRUCTION INC Repair: CRC Water Slide 1,750.00 1,750.00 98690 03/31/2005 001048 ROSAS CANTINA RESTAURANT Refreshments: PW qtrly Staff Mtg 329.70 329.70 98691 03/31/2005 002226 RUSSO, MARY ANNE TCSD Instructor Eamings 855.40 855.40 Page:7 apChkLst 03131/2005 11 :30:32AM Final Check list CITY OF TEMECULA Page: 8 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 98692 03/31/2005 007113 RYLE, SHEILA H. TCSD Instructor Earnings TCSD Instructor Earnings 1.528.80 993.72 2,522.52 98693 03/31/2005 004609 SHREDFORCE INC Mar doc shredding svcs: Records Mgrnt Mar doc shredding svcs: P.O. O.T. Stn Mar doc shredding svcs: Records Mgmt 110.00 24.00 22.50 156.50 98694 03/31/2005 004460 SILVERADO BLUEGRASS BAND entertainment: bluegrass festival 2,000.00 2.000.00 98695 03/31/2005 000645 SMART & FINAL INC TCSD Special Events Supplies Just 4 Kidz Prgm Supplies 2.291.80 156.74 2,448.54 98696 03/31/2005 000537 SO CALIF EOISON Mar 2.02.351-4946 MPSC Mar 2-18-937-3152 T. Museum Mar 2-22-891-0550 various mtrs Mar 2-23-365-5992 Fire Stn 92 Mar 2-11-007-0455 6th Street Mar 2-20-817-9929 P.O. O.T. S1n Mar 2-21-911-7892 O.T. Prk Lot Mar 2-21-981-4720 Hwy 79 Mar 2-19-171-8568 Wedding Chpl Mar 2-14-204-1615 Front St Radio 806.69 595.67 322.16 312.60 270.76 195.93 134.70 63.29 59.48 22.83 2,784.11 98697 03/31/2005 001212 SO CALIF GAS COMPANY Mar 091-024-9300-5 CRC Pool Mar 021-725-0775-4 Sr Ctr Mar 095-167-7907-2 Fire Stn 84 Mar 133-040-7373-0 West Wing Mar 101~52-0950~0 TCC Mar 196-025-0344-3 C. Museum Mar 181-383-8881-6 Museum 3.196.39 272.42 256.38 113.66 78.64 57.32 47.35 4.022.16 98698 03/31/2005 000519 SOUTH COUNTY PEST CONTROL Pest control svcs: Code Enforcement Pest control srvcs: Temeku Hills Pk Bees Pest control srvcs: TCC Pest control SIVCS: children's museum Pest control SIVCS: Wedding Chapel Pest control SIVCS: Senior Center 84.00 84.00 36.00 36.00 32.00 29.00 301.00 98699 03/31/2005 007851 SOUTHCOAST HEATING & AIR West Wing HVAC repair svcs 312.84 312.84 98700 03/31/2005 000293 STAOIUM PIZZA refreshments:Team Pace 3/16/05 73.34 73.34 98701 03/31/2005 002366 STEAM SUPERIOR CARPET MPSC janitorial services 280.00 280.00 98702 03131/2005 004247 STERICYCLE INC Feb Paramedic med waste disposal svc 111.14 111.14 Page:B apChkLst Final Check List 03/31/2005 11:30:32AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid 98703 03/31/2005 003840 STRONGS PAINTING Meadows Par1<way Park Gazebo 600.00 98704 03131/2005 000305 TARGET STORE TeSO Special Events Supplies 57.84 MPSC Special Events Supplies 37.38 9S705 03131/2005 006465 TEMECULA AUTO REPAIR Medic Squad vehicle repair/maint 2,679.47 98706 03131/2005 004190 TEMECULA VALLEY FILM Add'l FY 04/05 Film/Music Spnrshp 30,000.00 98707 03/31/2005 003862 THYSSENKRUPP elevator maint/inspection:Maint Fac 132.68 --- ~ --. - Maint. Fac; Overbilled monthly charge -7.68 98708 03131/2005 005873 TRI AO ACTUARIES INC Mar Administration Fees 365.50 Credit 41 participants for March -17.00 98709 03/31/2005 006192 TRISTAFF GROUP temp help w/e 03113 Tidwell/Long 1.103.38 98710 03/31/2005 008681 TRUAX. PAMELA Refund: Amazing Chefs 1003.103 5.00 98711 03131/2005 004001 U C REGENTS Synchro/Sim Traffic: A.Pina 05105 150.00 98712 03131/2005 002065 UNISOURCE Paper Supplies for City Hall 108.20 98713 03/31/2005 008682 VENTIMIGLIA. KATHERINE Refund: Amazing Chefs 1003.103 5.00 98714 03131/2005 004261 VERIZON Mar xxx-0074 general usage 253.30 Mar xxx.2016 general usage 109.16 Mar xxx-9897 general usage 90.30 Mar xxx.3526 general usage 84.82 Mar xxx-3564 general usage 56.54 Mar xxx-5275 general usage 29.23 Mar xxx-2676 general usage 28.27 98715 03/31/2005 004789 VERIZON ONLINE Internet svcs: xx0544 72.83 Internet svcs/EOC backup @ sin 84 72.83 Internet svcs; P.O. O.T. Stn 42.83 98716 03131/2005 001890 VORTEX DOORS repair/maintgrg doors@ Fire Sin 84 992.36 98717 03/31/2005 008316 WESTSIDE SELF STORAGE Off Site Records Storage unit A 1000 1.000.00 Page: 9 Check Total 600.00 95.22 2.679.47 30,000.00 125.00 348.50 1,103.38 5.00 150.00 108.20 5.00 651.62 188.49 992.36 1.000.00 Grand total for UNION BANK OF CALIFORNIA: 1,283,582.79 PageS ITEM 3 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MARCH 8, 2005 The City Council convened in Closed Session at 6:00 P.M., on Tuesday, March 8, 2005, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. The Open Session convened at 7:00 P.M. Present: 5 Council members: Edwards, Naggar, Roberts, Washington, and Comerchero Absent: o Councilmembers: None Welcoming her to the meeting, Mayor Comerchero acknowledged the attendance of former Mayor Birdsall. PRELUDE MUSIC The prelude music was provided by Eve Craig and the National Anthem was sung by Caylie Gregorio. INVOCATION The invocation was given by Pastor John Ruhlman of Life Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Councilman Naggar. PRESENT ATIONS/PROCLAMA TIONS Certificate of Achievement to Charles Somers. Troop No. 337. for attaining his Eaale Scout rank Mayor Comerchero presented the City's Community Pride Eagle Scout pin along with a certificate to Charles Somers who briefly described his Eagle Scout project to the City Council and public. Certificate of Appreciation to the Assistance Leaaue Congratulating this organization on its 15th anniversary and commending the Assistance League on its continual support and service to those in need, Mayor Comerchero presented a Certificate of Appreciation to the representatives of the League. Appreciating the Council's support of the organization, Ms. Marilyn Hewlett thanked the City Council for the recognition. Proclamation for the Rotarv Club's 100th Anniversarv Not only celebrating the 30th anniversary of the City's local Rotary Club but also the 100th anniversary of Rotary International, Mayor Comerchero commemorated this occasion with presenting a proclamation to Rotary President Elect Brown. R:\Minutes\030B05 Presentation to the Maraarita Middle School Students for Sponsorship to Nakavama. Japan Mayor Comerchero advised that, this month, a delegation of nine students from Margarita Middle School will be traveling to the City's Sister City -- Nakayama, Japan. In an effort to assist with offsetting the cost with such a trip, a $200 check was presented to each of the nine students. The nine students traveling to Nakayama, Japan, will be as follows: Amanda Malley Sara Matley Venus Mez-Duke Duong Laura Woodland Alice Brown Sheldon Reynolds Susanna Yang Brenton Haerr PUBLIC COMMENTS A. Due to a recent personal experience, Mrs. Pat Birdsall, Temecula, apprised the City Council of the City's need for a hospital. To assure the quality of life for the residents in this City, Mrs. Birdsall encouraged the City Council to expedite the completion of a hospital. With regard to the construction of a hospital in the City, Mayor Comerchero advised that the City, on its level, has been proceeding as quickly as possible but noted that needed State approval has created some delays. Councilman Naggar advised that the construction of a hospital will be discussed at the April 6, 2005, Planning Commission meeting. B. Ms. Lanae Turley-Trejo, Temecula, representing the Church of Jesus Christ of Latter- Day Saints, invited the Councilmembers and the public to a community event, benefiting the tsunami victims, on Saturday, March 19, 2005, 9:00 A.M. to 1:00 P.M., at Great Oak High School. C. Mr. Don Jones, Temecula, representing Chaparral High School Education Foundation, invited the City Councilmembers and the public to the Annual Community Swap Meet and Craft Faire at Chaparral High School on Saturday, March 19, 2005, 7:00 A.M. to 2:00 P.M. D. Mr. Carl Burke and Mr. James Morgan, representing the YMCA, thanked the City Council for the gift of the land for the future site of a YMCA facility and its continuing support and advised that in the past year, over $2 million have been raised, exceeding YMCA's commitment to raise $1.7 million by 2008. It was noted that drawings have been completed; that a general contractor has been identified; and that efforts are ongoing to seek in-kind donations. R:\MinutesI030805 2 CITY COUNCIL REPORTS A. Referencing Consent Calendar Item No. 13 (On-Call Traffic Signal Maintenance Services), Mayor Pro Tem Roberts stated that, in his opinion, the City's traffic signals are not working as well as they were at incorporation and suggested the completion of a survey and consideration of upgrading/replacing certain traffic signal controls/sensors in the upcoming budget process. B. With regard to the City's request to the State Senate/Assembly to address the widening of Winchester Road Off-ramp over Santa Gertrudis Creek and to explore the possibility of an additional off-ramp onto Jefferson Road, Councilman Naggar informed the public that Senator Hollingsworth has secured matching funds in the amount of $1.5 million - City would be reimbursed for $750,000. During the upcoming budget process, Mr. Naggar requested that staff explore the procurement of those $750,000, recommending that the matter be addressed with the City of Murrieta. C. Concurring with Mayor Pro Tem Roberts' comment regarding timing of traffic signals, Councilman Washington noted that efforts need to be devoted to improving traffic flow, commenting on Ynez and Rancho California Roads. Congratulating Community Services Director Parker and his staff, Mr. Washington commented on the rededication of a refurbished park - Pablo Apis Park - in Vail Ranch. Having attend yesterday's meeting of Western Riverside Council of Governments meeting, Councilman Washington commented on the discussion to delay implementation of Transportation Uniform Mitigation Fees related to development of commercial space (Class A office space); advised that although the vote was not unanimous, he had supported the delay in an effort to continue growth and economic development; noted that he would report to the Council on progress made; and advised that the cost of this delay will be approximately 1 % of the overall TUMF collection within the two-year period. D. With six weeks having passed since she was appointed to the City Council, Councilwoman Edwards apprised the residents of the City's high-functioning staff and very functioning City Council and thanked staff for making her transition a very smooth process. E. Commenting on a meeting he had attended organized by Councilwoman Edwards, Mayor Comerchero advised that efforts are underway to explore the possibility of upgrading and expanding a local Hemet television station in an effort to establish a local television station. Advising that the Soboba Indian Tribe will be the owner of 120 acres of property near the intersection of Domenigoni Parkway and Winchester Road on which it may build a casino and hotel, Mayor Comerchero advised that in an effort to establish a similar relationship with the Soboba Tribe as enjoyed with the Pechanga Tribe in the event the Tribe chooses to proceed with that project, the City has met with the Tribe. R:\Minutesl030805 3 CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes recommendation: 2.1 Approve the minutes of February 8, 2005; 2.2 Approve the minutes of February 22, 2005. 3 Resolution approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 05-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Citv Treasurer's Report recommendation: 4.1 Receive and file the City Treasurer's Report as of January 31, 2005. 5 Temecula On Staae Event Sponsorship Reauest RECOMMENDATION: 5.1 Approve the event sponsorship agreement for actual City-support costs in the amount up to $5,425 for Temecula On Stage and authorize the Mayor to execute the agreement. (Councilman Washington abstained with regard to this item.) R\Minutes\030805 4 6 Authorize the Temporarv Street Closure of Third Street between Old Town Front Street and Murrieta Creek for the Annual Old Town Bluearass Festival Event scheduled for March 19 and 20. 2005. and deleaate authoritv to issue a Special Events/Street Closures Permit to the Director of Public Works/Citv Enaineer RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 05-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE OF THIRD STREET BETWEEN OLD TOWN FRONT STREET AND MURRIETA CREEK FOR THE ANNUAL OLD TOWN BLUEGRASS FESTIVAL EVENT SCHEDULED FOR MARCH 19 AND 20, 2005, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 7 Approve the First-Source Hirina Memorandum of Understandina between the Workforce Development Centers of Riverside County and City of Temecula RECOMMENDATION: 7.1 Approve the First-Source Hiring Memorandum of Understanding (MOU) between the Workforce Development Centers of Riverside County and City of Temecula. 8 Resolution reauestina that Conoress enact a Fiscal Year 2006 Budoet and Appropriations Package that funds CDBG Formula Grants at no less than current Fiscal Year 2005 Allocations RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 05-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THAT CONGRESS ENACT A FISCAL YEAR 2006 BUDGET AND APPROPRIATIONS PACKAGE THAT FUNDS CDBG FORMULA GRANTS AT NO LESS THAN $4.355 BILLION, WHICH IS LEVEL WITH FISCAL YEAR 2005 ALLOCATIONS R:lMinutesl03080S 5 9 Retention Policv and Schedule Revisions RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 05-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA ESTABLISHING A RECORDS RETENTION PROCEDURE AND REPEALING RESOLUTION NO. 04-14 10 Acceptance of certain public streets into the City-maintained Street System within Tract MaD No. 28510 of the Campos Verdes Subdivision (located at the northeast corner of Maraarita Road and North General Kearny Road) RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 05-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN CAMPOS VERDES SUBDIVISION TRACT MAP NO. 28510) 11 Tract Map No. 32170 (located at the southwest corner of Date Street and Lakeview Road) RECOMMENDATION: 11.1 Approve Tract Map No. 32170 in conformance with the conditions of approval; 11.2 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 12 Tract Map No. 32169 (located at the southwest corner of Harveston Wav and Marqarita Road) RECOMMENDATION: 12.1 Approve Tract Map No. 32169 in conformance with the conditions of approval; 12.2 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. R:\Minutes\030805 6 13 First Amendment to Contract Aareement for On-Call Traffic Signal Maintenance Services RECOMMENDATION: 13.1 Approve the First Amendment to the Contract Agreement with Republic Electric to perform additional On-Call Traffic Signal Maintenance Services for an amount not to exceed $50,000 and authorize the Mayor to execute the agreement. 14 Bridae Barrier Rail Replacement Proiect Proiect No. PW01-09 Approval of the Plans and Specifications and solicitation of Construction Bids RECOMMENDATION: 14.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Project No. PW01-09 - Bridge Barrier Rail Replacement Project. 15 Transportation Uniform Mitiaation Fee (TUMF) Reimbursement Aareement RECOMMENDATION: 15.1 Approve the model agreement for the funding of TUMF Regional Arterial Improvements between the Riverside County Transportation Commission (RCTC) and the City of Temecula for the Interstate 15/State Route 79 Ultimate Interchange project in substantially the same format as attached and authorize the City Manager to execute the final agreement. MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1-15. The motion was seconded by Councilwoman Edwards and voice vote reflected approval with the exception of Councilman Washington who abstained with regard to Item NO.5. At 7:41 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 8:01 P.M., the City Council resumed with regular business. PUBLIC HEARING 16 Wolf Creek Development Aqreement Amendment PA05-0027 RECOMMENDATION: 16.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 05-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE WOLF CREEK PROJECT (PLANNING APPLICATION PA05-0027) R\Minulesl030805 7 Development Services Administrator McCarthy presented the staff report (as per agenda material), advising that the proposed amendment would change the threshold for the completion of two park sites: the completion of the north half of the linear park would be deferred from the 4001h to the 6001h building permit and the six-acre neighborhood park would be deferred from the 6001h to the 7001h building permit and that any design and construction cost in excess of the Development Impact Fee credit will be the sole responsibility of the developer. At this time, the public hearing was opened. Mr. Mike White, representing Wolf Creek Development, LLC, thanked staff for its associated efforts and requested City Council approval. There being no other speakers, the public hearing was closed. Viewing the proposed amendments as a benefit for the community, Councilman Washington thanked Mr. White and Development Services Administrator McCarthy for their efforts. Thanking the developer for the level of services provided, Mayor Comerchero as well commended staff on a job well done. At this time, City Attorney Thorson read the Ordinance No. 05-04 by title only. MOTION: Councilman Naggar moved to approve staff recommendation. The motion was seconded by Councilwoman Edwards and electronic vote reflected unanimous approval. COUNCIL BUSINESS 17 Consideration of additional Sponsorship Fundina for the 2005 Temecula Valley International Film and Music Festival RECOMMENDATION: 17.1 Consider additional sponsorship funding for the 2005 Temecula Valley International Film and Music Festival. Assistant City Manager O'Grady reviewed the staff report (of record), advising the Council that any funding in addition to what has previously been funded will require an additional appropriation. Thanking the City Council and staff for its continued support of this Festival, Ms. Jo Moulton, Director of the Temecula Valley International Film and Music Festival, by way of a PowerPoint presentation, commented on the growth this Festival has experienced; shared with the Council benefits as well as recognition this City has received from past and present Presidents and Governors as a result of this Festival; acknowledged local residents and businesses for their continued support; and requested that the City Council approve an additional $30,000 sponsorship for this year's event in order to take this Festival to a higher level. R:\MinutesI030805 8 Commenting on the national and international notoriety of this event, Mr. Timmy D. Daniels, Temecula, viewed this Festival as a viable vehicle to promote tourism for the City and commented on how this Festival has evolved. Having worked in the film festival and economic development industry for 15 years, Mr. Steve Montal, La Jolla, commended the City on its accomplishments over the past 10 years with the Film and Music Festival but stated that this event is extremely under funded; encouraged the City Council to fund additional monies for this Festival; and noted that the additional funds will take this event to a higher level. Addressing the positive impact the Film and Music Festival has had on the City whether as a result of the film industry or as a consumer, Mr. Edward Stencel, Los Angeles, encouraged the City Council to fund the requested additional monies. Advising of the budget necessary for this gala event, Mr. Monty Seward, Murrieta, encouraged the City Council to increase its current funding and thanked the Council for its continued support. Describing the many different aspects associated with the operation of a film and music festival, Ms. Jennifer Byron, Temecula, addressed the financing needed to ensure updated technology and marketing and promotion demands of such an event and requested that the City Council approve the additional funding. Speaking in support of the Festival, Mr. Drake Frye, Menifee, encouraged the City Council to approve the additionally requested funds. Supporting the Festival, Mr. David Asmussen, Murrieta, representing the Garrett Group, advised that the Garrett Group has offered the Festival discounted lease space. Mr. Asmussen commended Ms. Moulton on her commitment to this event and requested that the City Council support the additional funds necessary for this event. Having worked with Ms. Moulton since the inception of this Festival, Ms. Beth Hoffman, Laguna Niguel, expressed her support of this Festival and shared, by way of a DVD, Mr. Darryl McDonald (Executive Director of the Palm Springs International Film and Music Festival) support of the request for increased funding. Thanking the City Council for its continued support, Ms. Annette Rosen, Temecula, commented on the volunteer efforts associated with this event, shared her experiences with the Film and Music Festival, and encouraged the City Council to support the additionally needed funds. Ms. Sunny Thomas, Temecula, thanked the City for its support but expressed the need to expand this event and the funds needed to accomplish this task. Having watched this event grow over the past 10 years, Mr. Bruce Singer, Murrieta, commended Ms. Moulton on the success of this event and encouraged the City Council to approve the additionally requested funds. Thanking Ms. Moulton for her vision, dedication, and passion for the Temecula Valley International Film and Music Festival, Councilman Washington commented on the benefits this event has provided to the City with regard to culture, economic development, and tourism and expressed his support of the request. R:\Minutesl030805 9 Relaying his support of the request for the additional $30,000 sponsorship, Mayor Pro Tem Roberts referenced the positive impacts this Festival has on businesses throughout the City and, therefore, recommended that the Festival's current sponsors as well increase its sponsorships. Having been a volunteer at the first Festival, Councilwoman Edwards echoed comments that it would be time for the City to take this event to the next level. Extending appreciation to Ms. Moulton, the Board, and the volunteers on an excellent job, Councilman Naggar relayed his support of the additional appropriation but encouraged the Festival to decentralize itself from Ms. Moulton, encouraging the Board of Directors to be engaged to ensure the future of this Festival. Echoing Mr. Roberts, Councilman Naggar encouraged increased sponsorships from the private industry, commenting on the economic development. Concurring with his colleagues' comments, Mayor Comerchero expressed his support of the additionally requested funds. Although supporting the request, Mr. Comerchero explained his reservation with supporting the additional funding but commented on the intangible economic benefit that is not measurable and suggested that the City fund an audit for this event. MOTION: Councilman Washington moved to approve an additional sponsorship of $30,000 for the 2005 Temecula Valley International Film and Music Festival and to fund an audit at the conclusion of the event. The motion was seconded by Mayor Pro Tem Roberts and voice vote reflected unanimous approval. 18 Status and Discussion of Roripauah Ranch Community Facilities District Formation and Development Aoreement (At the request of Councilman Naggar) RECOMMENDATION: 18.1 Receive and file. City Attorney Thorson reviewed the staff report, noting the following: . That the Roripaugh Ranch Development Agreement was approved in December of 2002 and that staff has been working since that time to implement the project and to provide for public improvements and to complete the Community Facilities District Bonds; . That the Development Agreement (DA) is a contract between the City and the developer; that it vests the developer's rights to develop the project in accordance with the terms of the Development Agreement and the entitlements; . That this particular DA has required traffic improvements necessary to serve the project to be in place prior to the issuance of significant number of building permits; that this DA as well required the City to use its best efforts to provide for a means to finance these public improvements as well as the park and recreational amenities; that the DA provides that no residential building permit shall be issued until that Community Facilities District has been formed and funded; R\Minutesl030805 10 . That this development philosophy of the City, which has been applied in this DA, is consistent with the Wolf Creek DA , Harveston DA, and the Domenigoni DA and in challenging the Riverside County Integrated Plan; . That the Roripaugh Ranch DA provides a schedule for the issuance of building permits based on when certain improvements are completed; that the bulk of these improvements are to be completed prior to the 510th building permit; . That the City has entered into a number of other agreements with the developer in order to implement this -- such as the Deferral Agreement (approved September 2003); the First Operating Memorandum (approved September 2004); a License Agreement; and an agreement for the maintenance of the trails; . That the process of forming a Community Facilities District (CFD) and issuance of bonds has been ongoing since January 2003; that the CFD Bonds are essentially a loan with tax-exempt interest; that this loan is repaid by a special property tax on the lots within the development and paid for by the home buyers; and that the property secures the bonds; . That the amount available in a bond issue such as this is dependent on three significant factors: o Appraised value of the property o Absorption rate o Credit risk of the project . That as part of the development of the bond issue, the Financing Authority (Joint Powers of both the City and the Redevelopment Agency) must enter into certain agreements with other entities that will own the public improvements - known as a Joint Community Facilities Agreements; one with the City for the roads and park and recreational facilities; one with the Water District; one with Riverside County for roads; and one with Riverside County Flood Control for storm drain facilities; . That the 150-page Preliminary Official Statement clarifies to the Bond holders why this project will be viable; why their investment will be secure; and all of the potential risks and benefits of the project are included; . That at this point in time, the public improvements are not complete and most of the priority improvements - the road improvements and the traffic improvements - are not estimated to be completed until the end of 2005; that the problem the City has experienced with this project is that a significant number of lots have been sold to merchant builders; that approximately 515 lots of the available lots on the panhandle have been sold or are in escrow to be sold; that the merchant builders are ready to start construction but because the public improvements have not been completed, the merchant builders are unable to attain the building permits to actually start the process; that the graduated schedule of building permits is at follows: bulk of the improvements have to be completed to release 108 building permits; another cut-off point is 250th; and the significant cut-off point is the 515th building permit; that each of the five merchant builders are desirous of at least 100 permits to start and complete the projects; R\Minutesl030805 11 . That one of the merchant builders has filed a lawsuit against the developer, claiming breach of contract on their Purchase Agreement; that the lawsuit does not name the City but with this lawsuit pending, the Financial Advisors and the potential Bond buyers will not proceed with the bond issue because this lawsuit could affect the absorption rate, how many permits will be issued, and the impact on the project; . That if the lawsuit were resolved and the merchant builders are willing to proceed with the graduated schedule, the bonds could be issued in July 2005; . That staff has had discussions with the developer and has negotiated a Development Agreement Amendment which would have altered the schedule for the issuance of building permits, requiring all public improvements to be completed by the 250th building permit; that the merchant builders were not supportive of that schedule because they are in need of 100 building permits to make a viable development; . That the City's primary concern with amending the schedule of the building permits would be how to ensure the public improvements will be completed on a workable schedule. Clarifying the recommended action to be taken at this meeting, City Attorney Thorson, for Councilman Washington, noted that the intent of this item was to provide an update to the Council; suggested that the Council hear input from the merchant builders and developer and dependent on that input, recommended that Council direct staff to explore/readdress specific items and forward those options for consideration to a future City Council meeting. In response to Councilman Naggar, City Attorney Thorson advised of the following: . That the Development Agreement will run for 10 years; . That the merchant builders who bought the property are owners of the property encompassed by the Development Agreement but, to the City's understanding, the developer has not assigned to them the obligation to build the public improvements; . That the filed lawsuit raises an unknown with regard to the sale of the bonds; that the Financing Team/Underwriters, based on their experience, have stated that under these circumstances with the number of unknowns, it would be unlikely for buyers to buy these bonds; . That the City is obligated to use its best efforts to take the bond sale forward. Mr. Jim Fabian (the City's Financial Advisor), City Attorney Thorson, and Public Works Director Hughes addressed questions by the Council as follows: . That the improvements that are required under the Development Agreement are the obligation of the developer; that the CFD Bond proceeds are used to acquire the infrastructure from the developer; that if there were not sufficient CFD Bond proceeds to acquire the infrastructure, then the developer would not be reimbursed for all the public improvements required to be built for the development; that the issuance of bonds under the CFD is related to the value of the property; that the value of the property is related to how many units could be built and the absorption of those units under the scenario of the thresholds in the Development Agreement; that the development of the Roripaugh R:\MinutesI030805 12 Ranch currently has uncertainties; that the documentation required to put the bonds into the market would not to be in a concise manner to the bond market in order to identify the associated risk with the purchase of the bonds; that if the bonds were to be sold, it may require higher interest rates and more disclosure; . that even though the developer will plan to build the infrastructure and then be reimbursed through the CFD proceeds, the developer as well is expecting to have those improvements acquired from him in increments; that the developer has had the ability to complete the improvements for a couple of years; that the most amount of work completed to date has been with regard to grading, portions of Murrieta Hot Springs Road have been built, and some utilities for Murrieta Hot Springs Road have been installed; but most of the other public infrastructure improvements, priority to the City and the Development Agreement, have not been completed, needed right of way has not been secured, and plans have not been signed by the various agencies approving those plans; . That the developer has several bank loans that are being utilized for these improvements and that it is common for these large developments to have equity of a developer and to have bank loans secured by the equity and that the land is the ultimate security and that the City's policy grants a 3: 1 value to lien ratio; . That the Consultant Team's role is to function as the City's Financial Advisor - an extension of staff and to assist them in the expertise of land secured financings; that Bond Counsel provides the legal opinion necessary to issue tax-exempt bonds and required legal documentation; that Disclosure Counsel documents the Roripaugh Ranch for the bond holders to understand the development, associated risk, and description of the development; that the Team as well includes the Underwriter of the bonds and the Appraiser for the property. It was noted that market absorption work to evaluate the price points of the development to evaluate the absorption of the units within the development based upon assumptions under the Development Agreement and that because some of these assumptions have changed, it will require an updated market absorption report and the appraisal because it could have an impact on the value of the property; . That at this time because the infrastructure has not moved forward and, therefore, the building permit issuance has changed, the market absorption analysis must be reassessed as well as the value of the property and the information must then be documented in a concise manner in order to present to the City Council a Preliminary Official Statement/Offering Statement; . That other than improvements on Murrieta Hot Springs Road, only grading has been completed on Butterfield Stage Road and that the City would not be in a position to acquire any of those works of improvements; . That bonds could be issued and the money could be placed in escrow but not all monies would go to the developer because these discreet portions of the project have not been completed; . That a Special Tax would be levied against each property within the CFD and that this Special Tax would be levied against property within the boundaries of the CFD; R:\Minutes\030805 13 . That, as per Proposition No. 218, a vote reflected two-thirds in favor of the Special Tax; that the merchant builders had not submitted a ballot for that vote; therefore, the merchant builders' property would be bound by the Special Tax; . That when bonds are sold, a certain amount of capitalized interest would be specified; that once that amount has been relinquished, one must levy against the Special Tax against properties within the CFD; . That although possible, it would be very impractical for a developer with a 10-year Development Agreement to get bonds issued and to not proceed with the development/improvements until the ninth year of the Development Agreement because that CFD Tax will be levied and if properties are not turned and income were not generated, a default would occur or the property owners would be paying more cash than what was originally paid for the properties; . That in the Preliminary Official Statement, the developer would have made representations of a public improvements schedule and to allow the issuance of the building permits. MOTION: Councilman Washington moved to extend this meeting to 10:20 P.M. The motion was seconded by Councilwoman Edwards and voice vote reflected unanimous approval. Contrary to Council's belief, Mr. Peter Olah, representing Ashby USA, advised, by an entitlement schedule of each facility (copies submitted to the Council), that infrastructure improvements have started, noting the following: . That the CFD facilities are mainly Butterfield Stage Road, Murrieta Hot Springs Road, the two roads within the Village Core area, part of the north and south loop road, the 20- acre sports park, the 5-acre neighborhood park, improvements to Nicolas Road/Calle Chapos, off-site improvements on Winchester Road and Nicolas Road, and improvements to Nicolas Road and Calle Girasol, and two major flood zone improvements; . That more than 12 million yards of earth have been moved; that the developer is currently under contract to grade Butterfield Stage Road; that Murrieta Hot Springs is completely to grade; that with regard to the two roads within the Village Core, the developer is under contract to provide those improvements with subcontractors - have gone to public bid and have awarded the contract; that the recent rains have impacted the start of that work; that Butterfield Stage Road, within the Tract boundary, is approximately 60% up to grade - that rains have delayed this process as well; that the developer has as well gone out to bid and awarded a contract to complete the sewer and water throughout the CFD - again because of the recent rains, work has been delayed; . That within three weeks, with no rain, Butterfield Stage Road could be completely graded; that a bid package has been submitted to the Public Works Department for approval for the grading of the southern portion of Butterfield Stage Road to Rancho California Road; that with the exception of two property owners, agreements have been reached for needed easements to build the roadway; that negotiations are continuing in an effort to obtain these last two easements on Butterfield Stage Road easterly side north of Rancho California Road; R:\MinutesI030805 14 . that it would be the developer's intent to have all the above-mentioned facilities under contract as soon as possible; that over $70 million has been spent to date on this project; that approximately $20 million has been expended on CFD facilities; . that on Murrieta Hot Springs Road, the storm drain system has been installed and that the Rancho California Water District facility has been installed. Providing an overview of the developer's efforts to assist the builders, Mr. Kevin Everett, representing Ashby USA, noted the following: . that by the 108th building permit, the bridges on Butterfield Stage Road should be completed; that approximately a week ago, received approval for the entitlements to build these bridges; . that four of the five builders have agreed to accept 515 unimpeded permits; that this has not been negotiated with staff; that CFD funding requirements would be achieved and builder litigation would be removed. Introducing the other builders in attendance, Mr. Phillip Broderick, representing Griffin Communities, stated the following: . that the builders purchased the land; that Final Maps were approved; that Improvement Plans were approved; that most builders have installed all off-site improvements; that the house plan approval through the City was exhaustive; . that the builders are not willing to pay the cost of the CFD every year while awaiting the opportunity to build homes; . that Griffin Communities filed the lawsuit; that there is a desire to resolve this matter but the CFD must fund and the improvements must be completed; . that due the rain, erosion has created the need to fix the lots which has resulted in an additional expense; . that builders have existing loans; that because of the delays, these loans are now due. Considering the Development Agreement that was in place when the builder purchased the property from the developer and considering the building permit issuance schedule was workable at that time, Mayor Comerchero questioned why the building permit issuance schedule is not workable at this time. In response to Mayor Comerchero, Mr. Broderick advised that the property was in escrow prior to the execution of the Development Agreement and that it was anticipated by the builders that these improvements would be completed. In light of City Attorney Thorson's thorough explanation, Councilman Washington suggested that a more productive process be established to resolve this matter and that the existing subcommittee meet with staff and those involved MOTION: Councilman Washington moved to extend this meeting to 10:45 P.M. The motion was seconded by Councilwoman Edwards and voice vote reflected unanimous approval. R:\MinutesI030805 15 Mayor Comerchero noted that the subcommittee (comprised of Mayor Comerchero and Mayor Pro Tem Roberts) has discussed this matter. Councilman Naggar advised that he had requested this matter to be placed on the agenda because he was receiving conflicting information and that he wanted for himself as well as the Council to obtain accurate information. Summarizing the information received this evening, Councilman Naggar noted that the Master Development Team needs to give a written commitment as to when all improvements that are the developer's obligation will be completed; that once the commitment has been given, the developer should be held accountable; and that the merchant builder should remove the lawsuit. In response to Mayor Comerchero's requested clarification, the Council confirmed that there shall be no compromise on the building permit schedule. Noting that there would be no room for compromise on a previously agreed to Development Agreement and the premise of the agreement, Councilman Washington expressed his support of that Agreement but relayed frustration with having to readdress this matter. Appreciating the strong message sent by the City Council, City Manager Nelson reiterated the message sent by the City Council with regard to the existing Development Agreement and that the existing performance requirements must be completed with respect to the infrastructure improvements. MOTION: Councilman Naggar moved to receive and file this item. The motion was seconded by Mayor Pro Tem Roberts and voice vote reflected unanimous approval. 19 Jefferson Avenue Pavement Rehabilitation Phase II PW02-26 Construction Contract RECOMMENDATION: 19.1 Provide direction to staff regarding the continuation of Jefferson Avenue Pavement Rehabilitation - Phase II - Project No. PW02-26. Public Works Director Hughes provided the staff report (as per agenda material), highlighting the revised recommendation to cancel the existing contract for convenience and to settle outstanding contract issues in the amount of $300,000, advising that a new contract will be forwarded to the City Council. MOTION: Councilman Washington moved to cancel the existing contract for convenience and to settle outstanding contract issues in the amount of $300,000. The motion was seconded by Mayor Pro Tem Roberts and voice vote reflected unanimous approval. CITY MANAGER'S REPORT No additional comment. CITY ATTORNEY'S REPORT City Attorney Thorson advised that there were no reportable items from Closed Session, noting that Item No. 19 was discussed in Closed Session and was dealt with in Open Session. R\Minulesl030805 18 ADJOURNMENT At 10:34 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday, March 22, 2005, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk R\Minutesl030805 17 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MARCH 22, 2005 The City Council convened in Closed Session at 6:00 P.M., on Tuesday, March 22, 2005, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. The Open Session convened at 7:00 P.M. Present: 5 Councilmembers: Edwards, Naggar, Roberts, Washington, and Comerchero Absent: o Councilmembers: None PRELUDE MUSIC The prelude music was provided by the Chaparral Chamber Choir. INVOCATION The invocation was given by Father Sean Cox of St. Thomas Episcopal Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Mayor Pro Tem Roberts. PRESENT A TIONS/PROCLAMA TIONS Certificate of Appreciation to Mr. David Micheal Recognizing Mr. Micheal for his efforts with coordinating the promotion and installation of engraved granite pavers at the newly dedicated Veterans' Memorial, Mayor Comerchero commended Mr. Micheal and presented to him a Certificate of Appreciation. Acknowledging the attendance of his family and thanking the City Council and staff for this honor, Mr. Micheal recognized the support of several other individuals which made this endeavor possible. PUBLIC COMMENTS A. Appreciating the City's continued support, Mr. Jimmy Moore, Temecula, on behalf of the Arts Council of Temecula Valley, presented the City Council with an award for its continued support. B. Thanking the City Council for its support of the retention of the March Air Reserve Base, Mr. Kenneth Dickson, Murrieta, representing Friends of the March Field, expressed his support of this action and advised that he was in attendance to answer questions if necessary. R\Minutes\032205 C. Ms. Christi Gordon, representing Bank of America and its Foundation, announced an exciting charitable-giving program (Neighborhood Excellence), benefiting non-profit organizations and volunteers throughout the entire Inland Empire. CITY COUNCIL REPORTS A. Councilwoman Edwards suggested that the City Council entertain placing a permanent recognition to Mr. Micheal for his contribution to the Veterans' Memorial at the Memorial. B. In order to first select a contractor and builder and to have those individuals in attendance of the groundbreaking, Mayor Pro Tem Roberts advised that the Library Groundbreaking Ceremony has been postponed from March 31, 2005 to late April 2005. With tonight's discussion of North General Kearny Road, Mayor Pro Tem Roberts advised that because he is a resident of Meadowview, he will not be participating in the discussion. C. Councilman Naggar relayed his concurrence with Mrs. Edwards' recommendation to entertain placing a permanent recognition at the Veterans' Memorial for Mr. David Micheal. D. Having attended the National League of Cities Annual Congressional Conference with Mayor Pro Tem Roberts and Councilwoman Edwards, Mayor Comerchero commented on the overall support to not cut the Community Development Block Grant (CDBG) Program and advised that the CDBG Program will be fully funded and retained at HUD. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution approving List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 05-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A R:\MinutesI032205 2 3 Records Destruction RECOMMENDATION: 3.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. 4 Purchase of New Voicemail Svstem RECOMMENDATION: 4.1 Authorize the purchase of the Cisco Unity Messaging System from Nexus Integration Services for the total amount of $63,135.97, including applicable sales tax; 4.2 Appropriate $63,135.97 from Information Systems Internal Service Fund reserves to fund the purchase. 5 Police Department Homeland Security Grant Funds Transfer RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 05-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DONATING A PORTION OF THE FISCAL YEAR 2005/06 HOMELAND SECURITY GRANT FUNDS TO THE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT 6 Resolution chanaina the time of Plannina Commission Meetinas RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 05-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN AMENDED MEETING TIME FOR THE CITY OF TEMECULA PLANNING COMMISSION RIMinutesl032205 3 7 Resolution in Support of retaining March Air Reserve Base (MARS), support continuation of Air Attack Resources at Hemet-Rvan Airport. and approval of $5,000 to assist in retention efforts RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 05-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE RETENTION EFFORT TO PRESERVE MARCH AIR RESERVE BASE (MARB) 7.2 Approve the Agreement for Contribution to March Air Reserve Base Retention Efforts with March Joint Powers Authority and approve $5,000 to assist the March Air Reserve Base retention efforts. 8 Second Amendment to an aqreement for Contract Inspection Services for P&D Consultants RECOMMENDATION: 8.1 Approve a Second Amendment for consulting services with P&D in an amount not to exceed $15,000 for a total contract amount of $125,800 and to extend the term of the agreement to June 30, 2005. 9 Intention to vacate all Interior Streets and certain Drainaqe Easements within Tract Map No. 26941 (Crowne Hill The Reserve) RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 05-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OF NOTICE OF INTENTION TO VACATE LOT A (WOLFE STREET), LOT B (SUSAN GRACE COURT), AND LOT C (MUSILEK PLACE), AND CERTAIN DRAINAGE EASEMENTS OF TRACT MAP NO. 26941 IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON ATTACHED EXHIBITS AND SETTING A PUBLIC HEARING ON THE VACATION R:\Minutes\03220S 4 10 Intention to vacate a portion of an unnamed alley (located between Second Street and Third Street. east of Old Town Front Street as shown on Block 18 of the Town Site of Temecula - Old Town) RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 05-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OF NOTICE OF INTENTION TO VACATE A PORTION OF AN UNNAMED ALLEY LOCATED BETWEEN SECOND STREET AND THIRD STREET, EAST OF OLD TOWN FRONT STREET IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON ATTACHED EXHIBITS AND SETTING A PUBLIC HEARING ON THE VACATION 11 Tract Map No. 29305 (located south of Wolf Valley Road and east of Pechanaa Parkway) RECOMMENDATION: 11.1 Approve Tract Map No. 29305 in conformance with the conditions of approval. 12 Completion and Acceptance of Construction Contract - John Warner Road Assessment District Improvement - Proiect No. PW02-07 RECOMMENDATION: 12.1 Accept the project - John Warner Road Assessment District Improvements - Project No. PW02-07 - as complete; 12.2 File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 12.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 13 Approval of the Plans and Specifications and authorization to solicit Construction Bids for the Rainbow Canyon Road Guardrail Installation and Replacement Proiect - Proiect No. PW02-18 RECOMMENDATION: 13.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Rainbow Canyon Road Guardrail Installation and Replacement Project - Project No. PW02-18. R:lMinutesl032205 5 14 Award a Construction Contract for Traffic Sianallnstallation at the Pechanaa Parkway and Muirfield Drive Intersection - Proiect No. PW99-11TS RECOMMENDATION: 14.1 Award a construction contract for Traffic Signal Installations at the Pechanga Parkway and Muirfield Drive Intersection - Project No. PW99-11TS - to DBX, Inc. in the amount of $117,205 and authorize the Mayor to execute the contract; 14.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $11,720.50 which is equal to 10% of the contract amount. 15 Jefferson Avenue Pavement Rehabilitation - Phase II - Proiect No. PW02-26 - Award of a Construction Contract REVISED RECOMMENDATION (as distributed at the City Council) 15.1 Adopt a resolution entitled: RESOLUTION NO. 05-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AGREEMENT FOR THE COMPLETION OF JEFFERSON AVENUE PAVEMENT REHABILITATION - PHASE II PROJECT 15.2 Award a construction contract for the Jefferson Avenue Pavement Rehabilitation - Phase II Project - Project No. PW02-26 - to R.J. Noble Company in the amount of $1,717,860 and authorize the Mayor to execute the contract; 15.3 Authorize the City Manager to approve change orders not to exceed a contingency of 10% of the contract amount in the amount of $171,786; 15.4 Authorize a transfer of $250,000 of Measure A funds from Pavement Rehabilitation Program - Citywide. 16 Cable Franchise Aareement Extension of Time RECOMMENDATION: 16.1 Adopt a resolution entitled: R:\Minutesl032205 6 RESOLUTION NO. 05-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING THE TERM OF THE CABLE TELEVISION FRANCHISE AGREEMENT WITH ADELPHIA CABLE COMMUNICATIONS TO DECEMBER 31, 2005, TO FACILITATE THE CITY'S NEGOTIATIONS WITH THE CABLE OPERATOR REGARDING RENEWAL OF THAT FRANCHISE AGREEMENT 17 Acceptance of Grant Deed - Harveston Lake Park RECOMMENDATION: 17.1 Authorize acceptance of the Grant Deed for Harveston Lake Park, located in the Harveston development and direct staff to proceed with the necessary actions to cause the deed to be recorded. 18 Second Readina of Ordinance No. 05-04 (Wolf Creek Project) RECOMMENDATION: 18.1 Adopt an ordinance entitled: ORDINANCE NO. 05-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE WOLF CREEK PROJECT (PLANNING APPLICATION NO. PA05-0027) MOTION: Councilman Washington moved to approve Consent Calendar Item Nos. 1-18. The motion was seconded by Councilwoman Edwards and electronic vote reflected unanimous approval. At 7:25 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:31 P.M., the City Council resumed with regular business. PUBLIC HEARING 19 General Plan Update - Circulation Element RECOMMENDATION: 19.1 Conduct the Public Hearing on the Draft Circulation Element of the General Plan and the Draft Environmental Impact Report related to the Circulation Element; 19.2 Continue the Public Hearing on the other Elements of the General Plan and the Draft Envjronmentallmpact Report on the other Elements to April 12, 2005; R:lMinutesl032205 7 19.3 Close the Public Hearing on the Draft Circulation Element and Draft Environmental Impact Report relating to the Draft Circulation Element; 19.4 Discuss the Draft Circulation Element and the Draft Environmental Impact Report relating to the Draft Circulation Element and provide comments to staff for inclusion in to the Final Circulation Element and Final Environmental Impact Report. Mayor Comerchero read a statement (of record) prepared by the City Attorney with regard to the proceedings of this item. Thanking those individuals involved in this lengthy General Plan process, Planning Director Ubnoske briefly highlighted the item and introduced Mr. Jeff Henderson of Cotton Bridges Associates who, in turn, presented, by way of a PowerPoint presentation, the staff report, noting the following: . That the comment period for the Environmental Impact Report (EIR) associated with the Plan concluded on March 12, 2005; that responses to comments received from approximately 16 agencies will be distributed to those agencies 10 days prior to the April 12, 2005, public hearing; that the responses were sent out March 22, 2005; . That the Airport Land Use Commission of Riverside County is as well in the process of making a finding of consistency of the proposed General Plan and the Airport Land Use Compatibility Plan for French Valley Airport and will be considering this matter at its April 14,2005, meeting; . That the California Geological Survey has provided comments as to the Safety Element of the General Plan and recommended changes to that element as identified in the staff report (of record); . That the Planning Commission held public hearings on both the Circulation Element and the remainder of the General Plan on February 16, 2005 and March 16, 2005; that tonight's public hearing will address the Circulation Element and the public hearing regarding the remaining elements of the General Plan will be continued to April 12, 2005; . That the Land Use Element will address future land uses within the Planning Area and that the Circulation Element will address recommended roadway plans, trail plans, transit plans, and other Circulation Element components; . That the City's Housing Element was updated in 2002 and will not be a part of the current General Plan Update; that the Housing Element will be renewed in 2006/2007; . That the Open Space Conservation Element will address the City's Open Space Resources and the Conservation of Natural Resources within the Planning Area; . That the Growth Management and Public Facilities Element will address utilities and public facilities required for future development in the Planning Area; . That the Public Safety Element will address natural and man-made hazards within the Planning Area; . That the Noise Element will address community noise generated both by traffic sources as well as point-source oriented noise; R:\MinutesI032205 8 . That the General Plan will as well include an Air Quality Element that will address smog and other components of air quality within the community; . That the Community Design Element will address the design components of the community; . That the Economic Development Element will outline the priorities for economic development for the next 20 years; . That overall the proposed General Plan will represent the same, basic policy direction as established in the City's previous General Plan; that most of the proposed changes will fit within the framework established by that Plan; that the proposed changes will primarily affect the Land Use Element and the Circulation Element of the Plan; . That the proposed changes are generally technical in nature; . That the Implementation Programs for each Element have been updated; . That in order to ensure consistency with the 2002 Housing Element, a number of changes are being proposed in the Land Use Element to the General Plan, concerning Mixed-Use Development; . That a few new key policy directions are being proposed: o Encouraging Mixed-Use Development at key locations near Interstate 15 o Preserving established rural area o Managing future growth o Prioritizing/monitoring/correcting traffic congestion hotspots o Incorporating transit and multi-use trails into the circulation system CIRCULATION ELEMENT Mr. Henderson noted that the primary changes to policy direction in the Circulation Element are as follows: . provisions to allow for additional street dedication (beyond the standardized rights-of- way) around higher volume key intersections and consideration of reopening closed connecting streets to improve Citywide circulation; Roadwav Cross-Sections to better serve less urban portions of the City; that both of the new cross sections are based upon the standard 88' secondary arterial right-of-way; o Modified Secondary Arterial (De Portola and Ynez Road through Los Ranchitos) would provide 2 divided lanes in each direction with no curb, gutter, or sidewalk and location of left-turn lanes would be determined as the roadways are individually designed; that separated trails would be incorporated to the right of the cross section into the design where additional right-of-way beyond 88' is available o Limited Secondary Arterial (portions of Nicolas and Santiago Roads and the North General Kearny extension if added to the Plan) will feature one lane in each direction with a left-turn lane and a separated trail within the right-of-way o Rural Highway (rural preservation areas - Anza, De Portola, and portions of Rancho California Roads) will feature one lane in each direction with left-turn pockets where needed and two lanes may be needed in some sections of those roadways; that the intent of the Rural Highway is to protect future right-of-way for larger roadway types in the future without compromising the short-term functions of these roadways and the rural character of the surrounding areas; that the Rural Highway will be consistent with County standards for these roadways on R:lMinutesl032205 9 the portions that occur within the unincorporated portions of the Temecula Planning Area; Circulation Map/Roadwav Plan that the only new General Plan roadway being proposed within the City is the Loma Linda/ Avenida de Missiones (between Pechanga Parkway and Highway 79S; Two new roadwavs identified on the Circulation Map . Eastern Bypass (Southern Bypass) will consist of portions of Anza Road, Deer Hollow Way, and a new interchange at Interstate 15 to the south of the City; . Sky Canyon Road/Briggs Road will be a parallel route to Winchester Road in the French Valley Airport area to assist with relieving projected congestion along Winchester Road; Proposed key roadwav improvements . Winchester Road from Jefferson Road to Hunter Road - currently a six-lane urban arterial proposed to an eight-lane urban arterial . Rancho California Road from Old Town Front Street to Ynez Road - currently a six-lane urban arterial proposed to an eight-lane urban arterial . Rancho California Road from Ynez Road to Margarita Road - currently a four-lane arterial proposed to a six-lane urban arterial . Ynez Road from Rancho California Road to Rancho Vista Road - currently a four-lane arterial proposed to a six-lane urban arterial . Jefferson Avenue from Winchester Road to the City limits - currently a four-lane arterial proposed to a six-lane urban arterial . Western Bypass Road - currently designated as a secondary arterial proposed to a major arterial. Resident Concerns . Rainbow Canyon Road - to downgrade the roadway - currently a 66' right-of-way - both current and proposed General Plan call for a Secondary Arterial at 88' right-of-way; . North General Kearny - Community Advisory Committee (CAC) recommendation to connect North General Kearny between Nicolas and Margarita Roads as a limited Secondary Arterial to provide a route to Day Middle School and for local residents to bypass congestion along Winchester Road; o That the Planning Commission supported the CAC's recommendation to add North General Kearny as a Limited Secondary Arterial and identifying it on the Circulation Map and, thereby, identifying the requirement of a traffic study; o That the proposed Roadway Plan does not include a North General Extension; that in order to include that extension within the Circulation Plan, this particular segment must be added; o That the Planning Commission also agreed with the recommendation by the County of Riverside that Winchester Road, between Hunter and Keller Roads, will require 184' right-of-way per an existing agreement between Caltrans and the County of Riverside; R:\MinulesI03220S 10 Draft Environmental Impact Report (EIRI . That it has been circulated for public review and comment . That the City has received 16 comment letters from public agencies . That responses to the EIR have been provided to the Council and will present in the final EIR for the April 12, 2005, public hearing . That the General Plan, as per the EIR, will have three significant, unavoidable impacts o Two with regard to air quality - short-term construction impacts and long-term emissions o Three intersections and six freeway ramps would be projected to operate below established level of service standards as per the Draft EIR . That all other impacts in the EIR were found to be less than significant . That because of the significant, unavoidable impacts, the Council will be required to make findings and adopt a statement of overriding considerations approving the General Plan; that both the findings and the statement of overriding considerations will be forwarded to the Council prior to the April 12, 2005, meeting. At this time, the public hearing was opened; it was noted by Mayor Comerchero that the first item of discussion will be the Environmental Impact Report and Circulation Element related to North General Kearny and other roads in the Meadowview area. Mayor Pro Tem Roberts and Councilman Washington excused themselves from the dais and the Chamber. Regarding his conflict of interest, Councilman Washington expressed his support of the Fair Political Practices Commission's determination for him to have to abstain with regard to this item. Mayor Comerchero briefly reviewed the rules of the public hearing process. Council Discussion For Councilman Naggar, Planning Director Ubnoske advised that because the Environmental Impact Report is still under review, she would not be able to answer whether there would be a nexus between North General Kearny and the possible construction of a golf course in the Meadowviewarea. Councilwoman Edwards clarified that the Circulation Element for the General Plan with regard to North General Kearny and the potential of including its designation on a Map but not to build or to fund a road. Deputy City Clerk Ballreich informed the City Council of communications received (of record) with regard to the General Plan. The following individuals spoke in support of the extension of North General Kearny: . Suzanne Zychowics . Jodie Christopher . Diana Broderick . Kendra Herrera Jessica Christopher Mike Kuhn Evelyn Bucannen David Lander R:\Minutesl032205 11 The above-mentioned individuals noted the following with regard to the extension of North General Kearny and the opening of Kahwea Road for the following reasons: . That this matter has been politicized . That many individuals in support of the extension are not in attendance because of conflicts of interest with friendships, colleagues, business associates, etc. . That it takes an excessive amount of time to travel to the mall from the residential area . That emergency response time during rush hour traffic is not adequate . That increasing traffic in a rural area will create dangers - mixing traffic with equestrians and with pedestrians; however, some of these dangers have already been realized on Winchester Road between Margarita and Murrieta Hot Springs Roads; that these dangers could be mitigated by changing the traffic flow; that the extension of North General Kearny would permit parents to drop their children at the James L. Day Middle School on the school side versus the children having to cross the street which will alleviate some congestion; that the roads that are being proposed for opening were originally intended to be thoroughfares as per the original Plan; . That opening this road will increase City-wide circulation; that these are public streets for public travel; . That it would grant parents to access to Day and Chaparral Schools without being forced to travel on Margarita and Winchester Roads and would decrease use on Calle Medusa and Calle Pina Colada; that Meadowview streets are supported by City taxes; . That change is an evitable step in the City's growth; that all must share in the responsibility of the City's streets; . That the traffic on Winchester Road must be addressed and that the extension will improve the situation along Winchester Road. The following individuals spoke in opposition to the extension of North General Kearny: . Kim Churchwood Richard Moriki . Jeff Perrin Paula Peterson . Lori Nelson Maria Hetzner . Norman Clark Steve Gossett . Lisa Weinmann James Neeley . Audrey Gomez Karen Paciotti . Keven Porter Rosemary Priefe . T eri Biancardi John Austin . Ellen Ellish Diana Lovett-Webb . Bob Johnston Brad Inman . Bert Bjorklund John Harkey . Kathleen Roe Frank Boarese . Rolfe Wittman Dan Maidment . Edward Kostjal Rikki Bauer . William Herrmann Bill Brown . Mary Lanier Nancy Ray . Christine Estoch David Payne (provided written communication) The above-mentioned individuals, by way of pictures and video, relayed the following with regard to the extension of North General Kearny for the following reasons: R:\MinutesI032205 12 . That for the past 10 years, Meadowview residents have appeared before the Council/Commissions with regard to North General Kearny and Kahwea Road; . That North General Kearny and Kahwea Road be permanently removed from the General Plan; In response to Councilman Naggar, City Attorney Thorson advised that under California Law, each Council would have the opportunity to amend or modify the General Plan. . That the existing traffic problems surrounding James L. Day Middle School and Chaparral High School will be exacerbated by the extension of North General Kearny; that James L. Day Middle School currently does not provide traffic-controlled supervision; . That the Meadowview trails are maintained and repaired through Meadowview Association dues; that these trails are utilized by bikers, riders, walkers/joggers on a daily basis; . That the loss of these trails would be a loss of history never replaceable; . That one General Plan goal is to preserve the quality and value of single-family neighborhoods - opening Kahwea Road and North General Kearny would not preserve the zoning or quality and value of this single-family neighborhood; . That even with the posted horse crossing signs at every trail head, opening Kahwea Road and North General Kearny would be incompatible to safe crossings; that drivers ignore the law to stop within sighting distance of a horse; that the opening would put citizens in grave danger; . That the City's traffic circulation problems should not necessitate imposing other people's view points on Meadowview residents' property; . That some horseback riders have to ride the paved streets to access the trails; that Kahwea Road is used as a trail because of the easement behind Kahwea Road homes is too steep for many riders; that opening Kahwea Road will increase traffic on Meadowview streets which will prevent the use of the trails in a safe manner; that these streets are substandard, rural streets; In response to Councilman Naggar, Mayor Comerchero advised that the City Council, this evening, is discussing the extension of North General Kearny and other roads in the Meadowview area. Deputy City Manager Thornhill advised that only the extension of North General Kearny is being considered and that there was a recommendation to study the remainder of the Meadowview roads and that no decision will be made this evening with regard to Kahwea Road. Mayor Comerchero further clarified that the Council will not be voting on this issue this evening but that it will be making a recommendation to staff as to what to include or not to include in the General Plan. City Attorney Thorson noted that the City Council may not take action on the General Plan until the approval of the Environmental Impact Report. . That extending North General Kearny will not address traffic congestion; that road crossings at the intersections of Calle Madero/Nada Lane/North General Kearny/Calle Pina Collada are currently not safe; that these hazardous situations will increase and that any traffic benefit would not justify putting local residents at risk; · That because horses are unpredictable, it would not be safe to have a horse trail next to a street that may carry as many as 10,000 plus cars a day; . That opening Kahwea Road would have a significant safety impact due to the increased number of cars; R:\MinutesI032205 13 . That all Meadowview streets are front loaded with houses; . That drivers generally exceed the 35 mph speed limit; that with vehicles parked on both sides of the street, there is not sufficient room for moving vehicles to pass each other; . That Kahwea Road was closed in 1998 by constructing a wrought-iron fence with a gate; that opening Kahwea Road would impact Meadowview by way of non-resident traffic; . That considering the City is aware that the Meadowview streets are substandard would that hold the City liable if an accident were to occur; . That these curvy, hilly, narrow streets that lack sidewalks and streetlights are over 20 years old; . That the pathway to Rancho Elementary School is less than two-tenths of a mile from Kahwea Road off Del Rey Road; that approximately 100 of Meadowview's children use this walkway twice a day to get to Rancho Elementary School located on La Serena; that currently there are no signs indicating the location of school access; that additional non-resident traffic will further exacerbate an already unsafe situation; . That extending North General Kearny will have minimal impact on resolving the City's traffic congestion, viewing such an extension as a band aid; . That drivers currently ignore the existing stop signs; . That because Meadowview has no sewers and all surface water travels along natural, open, sandy pathways, leading into the main Blue Line River (under the jurisdiction of the Army Corps of Engineers), extending North General Kearny would cover several of these natural waterways; . That the extension of North General Kearny would place homes within close proximity of this road; . That an existing, varied echo system would be impacted and that once destroyed, it could never be returned to its natural state; . That the interior noise level would be impacted; At 9:16 P.M., a short recess was called and the meeting was reconvened at 9:30 P.M. . That because of Meadowview CC&R requirements, properties in Meadowview are to be open, visible, and, therefore, vulnerable to crime with the extension of North General Kearny; . That emergency services (5-minute response time) are adequately met with the City's Fire Stations, including the one at French Valley Airport; that a new Fire Station will be built as a result of the Roripaugh Ranch Development; that the Riverside County General reflects two new Fire Stations between French Valley Airport Station and Enterprise Circle Station; · That the Meadowview area is currently used as a short cut for non-residential traffic; that thousands of cars travel per day along Pina COllada, Del Rey, Avenida Barca, Solana, and Via Norte; that all these streets are front loaded with homes; that as per the Public Works Director, such streets should be kept under a traffic volume of 3,000 cars per day; that the front loaded streets have no buffer zone from the driveway to the street and sit below street level, creating a safety concern (line of sight) with exiting properties; . That the extension would have a 10ng-tem1 impact on this area; . That the General Plan's goals will not be met if the extension of North General Kearny and opening of Kahwea Road were approved; R:\MinutesI032205 14 . That the extension of North General Kearny would eliminate the rural area of Meadowview; that Meadowview is in desperate need of pavement rehabilitation; that the anticipated traffic volume will be around 20,000 cars per day; . That Meadowview residents view the area as a rural area and, therefore, function as such which could create safety hazards with the additional non-resident traffic; . That the quality of life of the Meadowview residents would be impacted by including North General Kearny and Kahwea Roads in the General Plan MOTION: Councilman Naggar moved to extend the meeting to 11 :00 P.M. The motion was seconded by Councilwoman Edwards and voice vote reflected unanimous approval with the exception of Mayor Pro Tem Roberts and Councilman Washington who abstained. In response to Councilman Naggar, Mr. Harkey advised that the Meadowview Homeowners Association will be pursuing a General Plan Amendment and Zone Change for the construction of a golf course; that, within several days, the Environmental Impact Report will be submitted to the City; that a golf course would be an appropriate use for Open Space; that it will create light traffic for the area (maximum 400 cars per day); and that not all but the majority of the Meadowview residents are in favor of the golf course. . That because of minimal traffic associated with a golf course, a golf course could be supported; In response to a comment made by a Meadowview resident, City Attorney Thorson advised that City would have no authority to condemn land for housing. . That the balance of a marginal relief of congestion with permanent disruption of the quality of life for the Meadowview residents would be viewed as a band aid and would provide no actual relief; that the interaction between cars and pedestrians would be a concern; . That the Equestrian Center is directly across the street from James L. Day Middle School; that the increased traffic volume to this area would create increased horse/pedestrian accidents; · That many other City infrastructure improvements have occurred but did not occur in residents' backyards; that additional traffic mitigations would be expected with the City's recent control of Winchester Road and SR 79 South; · That in 1978, the City had three freeway access points; that in 2005, the City has three freeway access points with a population of 100,000 residents; · That an extension of North General Kearny Road would detrimentally impact the property values; that all development within the City should be stopped until adequate circulation can be provided and that the proposed Circulation Element be rejected; that major thoroughfares not be located in fully developed rural areas; . That the City should build reasonably; · That today 10,000 cars per day traveling on North General Kearny will not be 10,000 cars in the future; . That the residents are willing to accept slower emergency services; · That many Meadowview residents walk or horseback riders ride along Del Rey Road and at times, are narrowly missed by passing vehicles; that currently when heavy trucks travel along Del Rey Road, her house vibrates in her bedroom; . That although not living in Meadowview but, living in Santiago Ranchos, expressed opposition to the extension of North General Kearny; R\Minutesl032205 15 . That there will be impacts on home values, equestrian/pedestrian safety concerns, and incompatible development; At this time, the public hearing was closed. Mayor Comerchero thanked those that spoke and provided input. Council Discussion Although it would be obvious that all roads open would be better with regard to circulation, Councilman Naggar stated that the benefit to the community must be weighed with regard to the opening of roads; that, in his opinion, the benefit of opening of North General Kearny will outweigh the impact to the community; that the benefit to Winchester Road would be minimal; and that the impact to North General Kearny Road and the Meadowview area would be great. Commenting on the City's control of Winchester Road and SR 79 South, Mr. Naggar advised of improvements that have recently been completed as well as ones that will be forthcoming - widening portions of Winchester, additional lane to a freeway off-ramp, Eastern Bypass, widening of Rancho California Road, etc. Mr. Naggar also addressed the City's efforts of pursuing Federal funding to address freeway issues. With regard to the Meadowview Homeowners Association's pursuit of a golf course, Mr. Naggar noted that if a General Plan Amendment and Zone Change were requested, the completion of a traffic study would be necessary in order to determine accessibility to the golf course and to study whether or not the opening of those roads were necessary. MOTION: Councilman Naggar moved to direct staff to not include North General Kearny Road on the Circulation Element of the General Plan Update. Councilwoman Edwards seconded the motion. (Additional discussion ensued prior to the vote; see below.) Commenting on the many infrastructure projects that have been completed or ones that are in the plans in an effort to mitigate traffic circulation, Councilwoman Edwards expressed her opposition to opening a road through a rural area and to destroying this rural neighborhood, noting the cost will outweigh the benefits. MOTION: Councilman Naggar moved to extend this meeting to 12:00 midnight. The motion was seconded by Councilwoman Edwards and voice vote reflected approval with the exception of Mayor Pro Tem Roberts and Councilman Washington who abstained. As well commenting on major infrastructure improvements that will further enhance traffic circulation, Mayor Comerchero expressed concurrence with his colleagues' opposition to extending North General Kearny. At this time, voice vote on the previously made motion reflected approval with the exception of Mayor Pro Tem Roberts and Councilman Washington who abstained. At this time, Mayor Pro Tem Roberts and Councilman Washington returned to the dais and Mayor Comerchero and Councilman Naggar removed themselves from the dais and the Council Chamber. R:\Minutesl032205 16 Environmental Impact Report/Circulation Element relatin~ to the Eastern Bvpass (Southern Bvpassl For the benefit of those Council members now in attendance, Mr. Jeff Henderson of Cotton Bridges Associates provided a brief overview of the staff report (of record), pertaining to the Eastern Bypass. In response to Mayor Pro Tem Roberts, Principal Planner Hogan addressed the City's effort to match the County's roadway plan in the area of the proposed Eastern Bypass with the exception of increasing the size of the segment between Rainbow Canyon Road and the freeway to allow for additional capacity. For the benefit of all, Councilman Washington clarified the Eastern Bypass route, noting that portions of this Bypass will be outside the City limit and on reservation property and questioned the desired action with regard to this Bypass. For Councilman Washington, Principal Planner noted that it would be staff's desire for the Council to approve a recommendation which would be incorporated into the City's General Plan and one that would mirror a vision of the freeway interchange or what the County has incorporated in its General Plan. Confirming Councilwoman Edwards' comment, Mr. Hogan stated that by including portions of the Eastern Bypass that are within the City's sphere of influence in the Circulation Element, the City will be assuring its ability to comment and provide input as the County proceeds with its projects. At this time, the public hearing was opened. There being no public input, the public hearing was closed. MOTION: Councilman Washington moved to direct staff to present the Eastern Bypass in its final form at the April 12, 2005, City Council meeting. Councilwoman Edwards seconded the motion and voice vote reflected approval with the exception of Mayor Comerchero and Councilman Naggar who abstained. At this time, Mayor Comerchero returned to the dais. Councilman Naggar as well abstained with regard to this item. Environmental Impact Report/Circulation Element relatina to Rainbow Canvon Road and Aaenda de Missions Connection For Councilman Washington, Mr. Henderson clarified that the previously noted negative impacts at intersections and freeway ramps and below standard level of service at certain freeway ramps would refer to build out and after improvements (including the Planning Area, the sphere area, and the areas beyond the sphere within the Planning Area). At this time, the public hearing was opened. Mr. Henderson advised, for Mayor Pro Tem Roberts, that currently Rainbow Canyon Road has been designated in the General Plan as a four-lane road; that it currently functions as a two- lane collector; and that the proposed General Plan would concur with the existing General Plan to upgrade it to a four-lane road, noting that no change would retain it as a four-lane road. R:\MinutesI03220S 17 There being no public testimony with regard to this item, the public hearing was closed. Public Works Director Hughes clarified that staff would support retaining Rainbow Canyon Road as currently designated; with regard to the Loma Linda/Avenida de Missiones connection, Mr. Hughes advised that the Community Advisory Committee had recommended upgrading this to a four-lane road but that staff, because of traffic volumes, could support a two-lane road. MOTION: Mayor Pro Tem Roberts moved to direct staff to retain Rainbow Canyon Road at its current designation and to include Avenida de Missiones Connection (two-lane road) in the Circulation Element of the General Plan. The motion was seconded by Councilwoman Edwards and voice vote reflected approval with the exception of Councilman Naggar who abstained. At this time, Councilman Naggar returned to the dais. Environmental Impact Report/Circulation Element relating to all other items other than North General Kearnv. Meadowview. and Southern Bvpass All Councilmembers participated in this discussion. At this time, Principal Planner Hogan clarified, by way of overheads, that other items would include the street cross-sections, the roadway classifications, the various policy statements, and the remainder of the Circulation Element. Providing clarification with regard to the policy statements in the General Plan, Mr. Hogan noted that they are basically the same as those existing with the addition of three policy statements as a result of concerns raised with the closing of streets (3.6, 3.7, and 3.8). At this time, the public hearing was opened. Viewing Ynez Road as a collector-designation level road, Mr. Raymond Bennett, Los Ranchitos community, advised that Ynez Road in the General Plan has a maximum capacity of 14,000 cars per day; that in the current General Plan, Ynez Road has been designated as Modified Secondary Arterial (four lane), which is an upgrade (20,000 cars per day); and that a Modified Secondary Arterial designation would not permit driveway access. Mr. Sennett recommended to redesignate Ynez Road as a Limited Secondary Arterial (16,000 cars per day); to retain the 88' road width; and to keep it as a three-lane road. Considering the road designations of neighboring streets (Margarita Road, De Portola Road, Ynez Road, Santiago Road), Public Works Director Hughes indicated that a four-lane road would be necessary to handle the needed capacity and would not support downgrading the classification of this roadway. For Mayor Comerchero, Mr. Hughes advised that the placement of a horse trail along' Ynez Road (through Los Ranchitos area) would require right-of-way acquisition for the trail system. In an effort to preserve the rural communityllifestyle, Mr. Larry Markham, representing Los Ranchitos Homeowners Association, requested that De Portola Road and Ynez Road be classified as Limited Secondary Arterial which will permit for a horse trail within the right of way and will reduce it from a four-lane road to a three-lane road. R\Minutesl032205 18 Expressing concern with horseback riders having to cross a four-lane road, Ms. Kathleen Stowe, member of the Los Ranchitos Homeowners Association, requested that Ynez Road, De Portola Road, La Paz Road, and Jedediah Smith Road be designated as Limited Secondary Arterials (three lanes). For Ms. Stowe, Councilwoman Edwards advised that Jedediah Smith Road is not being proposed to be widened; in fact, it is being proposed to be reduced in the Circulation Element from four lanes to two lanes. At this time, the public hearing was closed. Concurring with comments made by Mr. Markham, Mayor Pro Tem Roberts supported the Limited Secondary Arterial designation (three-lane road). Although it is currently designated as a four-lane road, Councilman Naggar expressed his support of the horse trails and recommended the retention of the 88' right of way; that the Modified Secondary Arterial designation be retained in order for the imposition of a condition to require a parallel horse trail running the length of De PortolalYnez Road (through Los Ranchitos) within the right of way; that if at a future time the three-lane road were widened to a four-lane road, the necessary right of way would have to be acquired in order to preserve a horse trail; that the horse trail be adequately buffered; and that adequate lighting standards be installed to accommodate horse riders. With the added condition, Mr. Naggar expressed his concurrence with staff's recommendation for a Modified Secondary Arterial. For Councilman Washington, staff advised that the proposed General Plan does reflect the changes proposed by the City of Murrieta with regard to Ynez Road. Mayor Comerchero further clarified Councilman Naggar's recommendation. MOTION: Councilman Washington moved to extend the meeting to 12:15 A.M. The motion was seconded by Councilwoman Edwards and voice vote reflected unanimous approval. Both Councilwoman Edwards and Councilman Washington spoke in support of Councilman Naggar's recommendation. MOTION: Councilman Naggar moved to direct staff to designate De PortolalYnez Road through Los Ranchitos as a Modified Secondary Arterial with the goal to preserve the equestrian uses and to impose a condition requiring the installation of light standards to accommodate horseback riders, to install horse crossing signs along that corridor, and to require a parallel horse trail running the length of De PortolalYnez Road (through Los Ranchitos) within the 88' right of way and that if at a future time the three-lane road were widened to a four-lane road, the necessary right of way would have to be acquired in order to preserve a horse trail. The motion was seconded by Councilwoman Edwards and voice vote reflected approval with the exception of Mayor Pro Tem Roberts who voted !!.Q. R:\MinutesI032205 19 Roadway Cross-SectionslDownaradina of Jedediah Smith Road to two lanes/and the balance of the Circulation Element as provided MOTION: Councilman Naggar moved to direct staff to reflect in the General Plan Circulation Element the proposed Roadway Cross-Sections, the downgrading of Jedediah Smith Road to two lanes, and the balance of the Circulation Element as provided. The motion was seconded by Mayor Pro Tem Roberts and voice vote reflected unanimous approval. City Attorney Thorson advised that those Council members living in Meadowview may partake in the discussion regarding the policy statements because these policies will affect all City streets. Living on a closed street, Councilman Washington indicated that he would be abstaining with regard to these policies. Policy 3.6 Discourage closing local streets to maintain the functionality of the arterial road network, achieve public safety goals, and improve the response time for police, fire, and ambulance services. Mayor Comerchero recommended the addition of the following language to Policy 3.6: unless it seriously impacts quality of life issues in rural communities. MOTION: Councilman Naggar moved to direct staff to include Policy 3.6 in the General Plan with the amendment as recommended by Mayor Comerchero (as noted above). The motion was seconded by Councilwoman Edwards and voice vote reflected approval with the exception of Councilman Washington who abstained. Policv 3.7 Consider opening previously closed or blocked local streets to enhance the local road network, achieve public safety goals, and improve the response time for police, fire, and ambulance services while minimizing outside through traffic on local residential streets. After a brief discussion and with the clarification from City Attorney Thorson, noting that no language would be required in the General Plan for a future City Council to consider any item in the General Plan, the following motions were offered: MOTION: Councilman Naggar moved to direct staff to delete Policy 3.7 from the General Plan. The motion was seconded by Mayor Pro Tem Roberts and voice vote reflected approval with the exception of Councilman Washington who abstained. Policy 3.8 Complete the construction of local connecting streets to enhance area circulation for local residents and improve the response time for police, fire, and ambulance services while minimizing through traffic on local residential streets. ~l R\Minutesl032205 20 MOTION: Councilman Naggar moved to direct staff to delete Policy 3.8 from the General Plan. The motion was seconded by Councilwoman Edwards and voice vote reflected approval with the exception of Councilman Washington who abstained. MOTION: Councilwoman Edwards moved to continue the public hearing on the Environmental Impact Report for the General Plan Update and the General Plan Update itself except for the Circulation Element to the City Council meeting of April 12, 2005. The motion was seconded by Councilman Naggar and voice vote reflected unanimous approval. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT No additional comment. CITY ATTORNEY'S REPORT City Attorney Thorson advised that there were no reportable items from Closed Session. ADJOURNMENT At 12:11 A.M., on Wednesday, March 23, 2005, the City Council meeting was formally adjourned to a regular meeting on Tuesday, April 12, 2005, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk R:lMinutesl032205 21 MINUTES OF A SPECIAL MEETING OF THE TEMECULA CITY COUNCIL MARCH 31, 2005 The City Council convened in Open Session at 11 :04 A.M., on Thursday, March 31, 2005, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 5 Councilmembers: Edwards, Naggar, Roberts, Washington, and Comerchero Absent: o Councilmembers: None PUBLIC COMMENTS None presented. CITY COUNCIL REPORTS None presented. COUNCIL BUSINESS 1 Redhawk Annexation - Initiation of Proceedinas to Detach and Re-annex for the Purpose of Changina the Effective Date of the Redhawk Annexation from July 1. 2005 to June 30. 2005 RECOMMENDATION: 1.1 Adopt a resolution entitled: RESOLUTION NO. 05-37 A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE REORGANIZATION TO INCLUDE CONCURRENT DETACHMENTS FROM THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT AND CONCURRENT ANNEXATIONS TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT (REDHAWK AREA) 1.2 Authorize the City manager to take all other actions necessary and to execute such other documents as may be necessary to effectuate the requested reorganization through LAFCO. City Manager Shawn Nelson presented the staff report (of record.) Councilman Naggar asked which staff member was responsible for bringing forward this needed action. Answering his inquiry, City Manager Nelson explained Finance Director Genie Reports discovered a potential problem, followed up with the City Attorney, and with the combined assistance of the City Manager and City Attorney, positioned the City in the best possible manner to receive the funds necessary to provide services to the Redhawk area. Councilman Washington asked whether June 30, 2005 was the best day to change the date of annexation. City Attorney Thorson clarified that June 30, 2005 was chosen because it solved this particular issue, without causing other tax-related issues. Thanking Joe Rank of County Counsel's Office, and George Spiliotis of LAFCO, City Attorney Thorson explained that this would not have been possible without their cooperation and efforts. Mayor Comerchero also thanked Supervisor Jeff Stone for his efforts for T emecula while serving as a Riverside County Supervisor. MOTION: Mayor Pro Tem Roberts moved to approve staff recommendations 1.1 and 1.2. The motion was seconded by Councilwoman Edwards and electronic vote reflected unanimous approval. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. ADJOURNMENT The meeting was fOm1ally adjourned at 11:13 A.M. The next regular meeting: City Council, Tuesday, April 12, 2005, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk ITEM 4 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council Genie Roberts, Director of Finance ~ April 26, 2005 DATE: SUBJECT: City Treasurer's Report as of February 28, 2005 PREPARED BY: Karin Grance, Revenue Manager'" Shannon Domenigoni, Accounta"@; That the City Council receive and file the City Treasurer's Report as of RECOMMENDATION: February 28, 2005. DISCUSSION: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of February 28, 2005. FISCAL IMPACT: None Attachments: City Treasurer's Report as of February 28, 2005 City of Temecula City Treasurer's Report As of February 28, 2005 Cash Activity for the Month of February: Cash and Investments as of February 1, 2005 $ 125,757,564 Cash Receipts !l.093.513 Cash Disbursements (5.844.202) Cash and Investments as of February 28, 2005 $ 131.006.875 Cash and Investments Portfolio: Maturity! Purchase Tennination Market Par/Book Type of Investment Institution Yield Date Date Value Balance @ 02/28!05 General C1lecking Union Bank wa 428.671 (1) Flex. Benefit Demand Deposits Union Bank wa 6.272 (1) C1lecking Account - Parking Citations Union Bank wa 5,301 Local Agency Investment Fund State Treasurer-LAlP 2.368 % 62,195.533 (2) Petty Cash City Hall wa $ 1.500 Federal Agency- Callable Federal Home Loan Bank: 1.885 % 6/26/2003 1/23/2006 986.880 987.500 Federal Agency- Callable Federal Home Loan Bank: 2.500 % 7/16/2003 8/14/2006 1.968,760 1.975.620 Federal Agency- Callable Federal Home Loan Bank: - BDS 3.000 % 4n/2004 In /2008 2.856.600 2.852.894 Federal Agency- Callable Federal Home Loan Bank - BDS 3.000 % 4/22/2004 1/22/2008 1.949.380 1.951.260 Federal Agency- Callable Federal Home Loan Bank 3.000 % 3/29/2004 12/28/2007 3.902.520 3.907.520 Federal Agency- Callable Federal Home Loan Bank - BDS 3.070 % 4/15/2004 1/15/2008 1,953,120 1,956,880 Federal Agency- Callable Federal Home Loan Bank - BDS 3.100 % 4/8/2004 1/8/2008 2.982.321 2.988.054 Federal Agency- Callable Federal Home Loan Bank - BDS 3.125 % 4/16/2004 1/16/2008 978,130 980.000 Federal Agency- Callable Federal Home Loan Bank - BDS 3.150 % 4/14/2004 1/14/2008 979.060 980,940 Federal Agency. Callable Federal Home Loan Bank. BDS 3.300 % 2/28/2005 2/28/2006 998.440 1,000,000 Federal Agency- Callable Federal Home Loan Bank - BDS 3.520 % 4130/2004 1130/2008 1.975.620 1.983.760 Federal Agency- Callable Federal Home Loan Bank 2.250 % 6/26/2003 7/24/2006 981.880 983.750 Federal Agency- Callable Federal Home Loan Mortgage Co 2.000 % 6/6/2003 6130/2006 979.880 979.800 Bond Fund - em 88-12 U.S. Bank: (First Am Treasury) 1.900 % 379.017 (Money Market Account) Delinquency Maintenance Account. em 88-12 CDCnXIS Funding Corp 5.430 % 911/2017 500.000 (Investment Agreement) Delinquency :Maintenance Account - em 88-12 U.S. Bank: (First Am Treasury) 1.900 % 537.468 (Money Market Account) ResenreFund-CFD 88-12 CDCIIXIS Funding Corp 5.430 % 9/1/2017 1,531,469 (Investment Agreement) ResenreFund - CPO 88-12 U.S. Bank (FIrst Am. Treasury) 1.860 % 9 (Money :Market Account) Special Tax Fund - em 01-2 U.S. Bank (FIrst Am. Treasury) 1.900 % 612.654 (Money Market Account) Admin Expense Fund ~ em 01.2 U.S. Bank: (F.trst Am Treasury) 1.900 % 750.971 (Money Market Account) Variable Bond Fund - em 01-2 U.S. Bank (First Am Treasury) 1.900 % 7.596 (Money Market Account) Interest Differential Fund - em 01-2 U.S. Bank (First Am Treasury) 1.900 % 132,197 (Money Market Account) Improvement Fund - CPO 01-2 U.S. Bank (FIrst Am Treasury) 1.900 % 3.563.450 (Money Market Account) Special Tax Fund - CFD 03-1 U.S. Bank (F11'St Am Treasury) 1.900 % 412.075 (Money Market Account) Capital Interest Fund - CFD 03-1 U.S. Bank (FIrst Am. Treasury) 1.890 % 32 (Money Market Account) Reserve Fund - CPO 03-1 Aig Match Fed Corp Ref 4.830 % 863.900 (Investment Agreement) City Improvement Fund. CFD 03.1 U.S. Bank (FIrst Am. Treasury) 1.900 % 171,221 (Money Market Account) City Improvement Fund - CFD 03-1 State Treasurer-LAIF 2.368 % 1.242.008 (Local Agency Investment Fund) Cal Trans Improvement Fund - CFl) 03.1 U.S. Bank: (FIrst Am Treasury) 1.900 % 509.255 (Money Market Account) CaI Trans Improvement Fund - CFD 03-1 State Treasurer-LAIF 2.368 % 5.972 (Local Agency Investment Fund) Acquisition Account Fund - CFD 03-1 U.S. Bank (First Am Treasury) 1.900 % 1.337 Page 1 (Money Market Account) Acquisition Account Fund - Cf1) 03-1 (Local Agency Investment Fund) Special Tax Fund - CFD 03-03 (Money Madet Account) Bond Fund - CFD 03-3 (Money Market Account) Capital Interest Fund - CFD 03.3 (Money Market Account) Capital Interest Fund - CFD 03-3 (Local Agency Investment Fund) Reserve Fund - CFD 03-3 (Investment Agreement) Reserve Fund - CFD 03-3 (Money Madet Account) City Improvement Fund - CFD 03-3 (Money Market Account) City Improvement Fund - CFD 03-3 (Local Agency Investment Fund) EMWD Improvement Fund - CFD 03-3 (Money Market Account) EMWD Improvement Fund - CFD 03-3 (Local Agency Investment Fund) Acquisition Account Fund - CFD 03-3 (Money Market Account) Acquisition Account Fund - CFD 03.3 (Local Agency Investment Fund) Capital Interest Fund - CFD 03-06 (Money Madet Account) Reserve Fund - CFD 03.06 (Money Market Account) City Improvement Fund - CFD 03-06 (Money Market Account) Redemption Fund - AD 03-04 (Money Market Account) Admin Expense Fund - AD 03-4 (Money Madet Account) Reserve Fund - AD 03-04 (Money Market Account) Interest Account - RDA TABs (Money Madet Account) Reserve Account. RDA TABs (Surety Bond) Project Account - RDA TABs (Money Madet Account) Project Account-RDA TABs (Local Agency Investment Fund) Installment Payment Fund - TCSD COPs (Money Market Account) Project Fund - TCSD COPs (Money Market Account) Project Fund - TCSD COPs (Local Agency Investment Fund) City of Temecula City Treasurer's Report As of February 28, 2005 State Treasurer-LAIF 2.368 % U.S. Bank (First Am. Treasury) 1.900 % U.S. B,nk (First Am Treasury) 1.900 % U.S. B,nk (First Am Treasury) 1.900 % State Treasurer-LAIF 2.368 % eDCmaS Funding Corp 3.000 % U.S. Bank (First Am. Treasury) 1.890 % U.S. Bank (First Am. Treasury) 1.900 % State Treasurer-LAIF 2.368 % U.S. B,nk (First Am Treasury) 1.900 % State Treasurer-LAIF 2.368 % U.S. B,nk (First Am Treasury) 1.900 % State Treasurer-LAIF 2.368 % U.S. Bank (First Am. Treasury) 1.900 % US. B,nk (First Am Treasury) 1.900 % U.S. Bank (First Am. Treasury) 1.900 % U.S. Bank (First Am. Treasury) 1.900 % U.S. Bank (First Am. Treasury) 1.900 % U.S. Bank (First Am Treasury) 1.900 % U.S. Bank (FlI'St Am. Treasury) 1.890 % MBIA Surety Bond n/, U.S. Bank (First Am. Treasury) 1.900 % State Treasurer-LAIF 2.368 % U.S. Bank (FIrst Am Treasury) 1.900 % U.S. Bank (First Am Treasury) 1.900 % State Treasurer-LAIF 2.368 % 8/3112034 (1 )-TItis amount is net of outstanding checks. (2)-At February 28, 2005 total market value (including accrued interest) for the Local Agency Investment Fund (LAlF) was $54,142,480,776. The City's proportianate share of that value is $62,068,065. All investments are liquid and currently available. The City of Temecula's portfolio is in compliance with the investment policy. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Page 2 1.299.699 1,439,205 11.620 6.952 12 2.171.120 9 339 7.270.630 2.970 3.675.866 10.010 10.043.101 246.263 339.604 3.845.032 49,801 15.289 100,508 34 883 1.099,452 265 877 1.991,447 $ 131.006.875 001 100 101 120 150 160 165 170 190 192 193 194 195 196 210 261 271 273 274 275 276 280 300 310 320 330 340 380 390 460 470 473 474 475 476 CITY OF TEMECULA CASH AND INVESTMENT REPORT FEBRUARY 2005 GENERAL FUND STATE GAS TAX FUND STATE TRANSPORTATION FUND DEVELOPMENT~PACTFUND AB 2766 FUND AB 3229 COPS RDA DEV LOW/MOD 20% SET ASIDE MEASURE A FUND TEMECULA COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL "B" STREET LIGHTS TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE TCSD SERVICE LEVEL "D" REFUSElRECYCLING TCSD SERVICE LEVEL "R" STREETIROAD MAINT TCSD SERVICE LEVEL "L" LAKE PARK MAINT. CAPITAL IMPROVEMENT PROJECT FUND CFD 88-12 ADMIN EXPENSE FUND CFD 01-2 HARVESTON ~PROVEMENT FUND CFD 03-1 CROWNE HILL ~PROVEMENT FUND AD 03-4 JOHN WARNER ~PROVEMENT FUND CFD 03-3 WOLF CREEK ~PROVEMENT FUND CFD 03-6 HARVESTON 2 ~PROVEMENT FUND REDEVELOPMENT AGENCY - CIP PROJECT INSURANCE FUND VEHICLES FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES RDA 2002 TABS DEBT SERVICE TCSD 2001 COP'S DEBT SERVICE CFD 88-12 DEBT SERVICE FUND CFD 01-2 HARVESTON DEBT SERVICE FUND CFD 03-1 CROWNE HILL DEBT SERVICE FUND AD 03-4 JOHN WARNER ROAD DEBT SERVICE CFD 03-3 WOLF CREEK DEBT SERVICE FUND CFD 03-6 HARVESTON 2 DEBT SERVICE FUND GRAND TOTAL Fund Total 21,900,117.88 129,345.01 1,389.02 13,854,221.81 188,610.60 320.44 9,002,585.69 5,607,483.32 938,094.46 101,472.41 297,091.01 57,455.60 30,218.82 206,329.97 26,861,207.15 8,025.12 3,579,520.04 3,229,492.06 85,109.36 21,002,916.11 3,845,031.88 3,730,311.27 1,502,880.10 125,151.39 662,908.98 201,141.73 96,835.98 2,188,995.07 132,916.27 3,476,275.50 2,060,655.39 1,362,245.10 179,944.70 3,732,980.35 627 ,595.72 131,006,875.31 ITEM 5 APPROVAL l2t , . ..-- CITY ATTORNEY IF 'v . DIRECTOR OF FINANCE fJ.t2... CITY MANAGER rJiJ/ CITY OF TEMECULA AGENDA REPORT FROM: City Manager/City Council ty\J\k,illiam G. Hughes, Director of Public Works/City Engineer TO: DATE: April 12,2005 SUBJECT: Parcel Map No. 31898, Located South of Wolf Valley Road and East of Pechanga Parkway PREPARED BY: f.;Ronald J. Parks, Deputy Director of Public Works Chris White, Assistant Engineer - Land Development RECOMMENDATION: That the City Council approve: 1. Parcel Map No. 31898 in confom1ance with the Conditions of Approval. BACKGROUND: Parcel Map No. 31898 is a one hundred twenty-eight lot (128) lot subdivision and twenty-two (22) lettered lots, located within Tract 29305-1 lot 12; North of Wolf Valley Road, West of Wolf Creek Drive S. and East of Pechanga Parkway. The survey monurnents are required to be set. On September 15, 2004, the Temecula City Council approved Tentative Tract Map 31898, with the appropriate Conditions of Approval. The approval of a final subdivision map, which substantially complies with the previously approved tentative map is a mandatory ministerial act under State law. It should be noted the Development Impact Fees (DIF) will be due and payable at the time of issuance of the Building Permits. FISCAL IMPACT: None ATTACHMENTS: 1. Development Fee Checklist 2. Fees & Securities Report 3. Project Vicinity Map 4. Parcel Map No. 31898 r:\agdrpt\2003\ 1216\tm29305-1.map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 31898 Staff reviewed the following fees relative to their applicability to this project. FEE CONDITIONS OF APPROVAL N/A Flood Control (ADP) Development Impact Fee Not Paid 2 r:\agdrpt\2003\ 1216\tm29305-1.map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP 31898 DATE: April 12, 2005 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 503,000.00 $ 251,500.00 Water $ 177,500.00 $ 88,750.00 Sewer $ 133,000.00 $ 66,500.00 TOTAL $ 813,500.00 $ 406,750.00 Monumentation $ - DEVELOPMENT FEES City Traffic Signing and Striping Costs $ 0.00 RCFCD (AElP) Fee $ N/A Development Impact Fee $ Not Paid SERVICE FEES Planning Fee $ 561.00 Fire Fee $ 205.00 Plan Check Fee $ 8,698.00 Monument Inspection Fee $ 2223.60 TCSD Fee $ 975.00 Fees Paid to Date $ 12,662.60 Balance of Fees Due $ 0 3 r:\agdrpt\2003\1216\tm29305- 1 .map s ~ 0.. <( ~co OJ co >-~ '-f-- -u z<( - 0::: Of-- - > W I- - CI) I- <-) W J o 0: a.. )... ~ ~ if. ~ ~ f;J Cl:: ) <: Q ~ ti Q: Cl:: Q )... ~ ~ il:! ~ l.l "- '" ~ )... ~ ~ if. ~ :;: f;J Cl:: 00 \'.. ~ !'c~ ~ Q c,'" ~ G0 Q\; cWAY FR[~ VALL[Y T[ 15 [RSTA /NT Q ~ )... ~ "\, ~/--... if. ~ ~ ~~ U ----... ~\.J ii5~ ~ ~ ) TOTA1.GROSSAREA:14.06ACRES NUMBER OF LOTS: 128 NUM8ER OF LITTERED Lars.' 22 TRACT NO. 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Hughes, Director of Public Works/City Engineer DATE: April 12, 2005 SUBJECT: Second Amendment to Fiscal Year 2004.2005 Annual Citywide Routine Maintenance Contract PREPARED BY: /jq!Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council: Approve the Second Amendment to the Fiscal Year 2004-2005 Annual Citywide Routine Maintenance Contract with Monteleone Contractors, Inc. for an amount of $50,000.00 and authorize the Mayor to execute the amendment. BACKGROUND: On June 22, 2004 the City Council approved the Fiscal Year 2004-2005 Annual Citywide Routine Maintenance Contract with Monteleone Contractors, Inc. in the amount of $100,000.00 to provide citywide routine maintenance and construction work throughout the City. The First Amendment was approved by City Council on January 25, 2005 for an additional amount of $150,000.00. This additional work generally ranges in costs from over $1 ,000 to under $25,000 and involves miscellaneous repairs to drainage areas, sidewalks, curbs, gutters, and storm drains to include excavation and emergency response during the rainy season. This Second Amendment to this contract is necessary due to an increase of necessary emergency repair projects that was caused due to the heavy rainfall the City has experienced in the last few months. This increase to the original contract will allow staff to respond to additional repairs due to the rains and any emergency work in an expeditious manner during adverse weather conditions without jeopardizing administrative requirements. It is important to understand that the not to exceed amount of $50,000.00 does not necessarily mean it will be spent but rather is a ceiling to operate on an as needed basis. Although we also have other contractors available under contract, some of the type of service provided by others are limited and Monteleone Contractors, Inc. has been the most consistently available and responsive. The additional contractors on contract are specialized in different area's of construction and do not perform the same job tasks or emergency response excavation and repairs as Monteleone Contractors, Inc. This has resulted in Monteleone Contractors, Inc. contract being exhausted sooner. R:\Agenda Reports\2005\041205\Maintenance Contracts Amend 2 The Second Amendment in the amount of $50,000.00 being requested, plus First Amendment amount of $150,000.00 and the original contract amount of $1 00,000.00 for a total contract amount of $300,000.00. FISCAL IMPACT: Adequate funds have been budgeted in the FY2004-05 Budgetforthe Public Works Maintenance Division, Routine Street Maintenance and Drainage Facility Maintenance for Monteloene Contractors, Inc. original contract amount of $100,000.00 plus the First Amendment amount of $150,000.00 and the Second Amendment amount of $50,000.00 for a total contract amount of $300,000.00. ATTACHMENT: 1. Amendment NO.1 2. Agenda Report June 24, 2003 2 R:\Agenda Reports\2005\041205\Maintenance Contracts Amend 2 SECOND AMENDMENT FISCAL YEAR 2004-2005 ANNUAL CITYWIDE MAINTENANCE CONTRACT BETWEEN CITY OF TEMECULA AND MONTELEONE CONTRACTORS INC. THIS SECOND AMENDMENT is made and entered into as of April 12, 2005, by and between the City of Temecula, a municipal corporation ("City") and Monteleone Contractors, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 22, 2004, the City and Contractor entered into that certain Contract entitled "City of Temecula Contract for Construction" in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00) for Fiscal Year 2004-2005 Citywide Routine Maintenance" ("Contract"). B. The Contract was amended on January 25, 2005 in the amount of One Hundred Fifty Thousand Dollars and No Cents ($150,000.00) for additional Citywide Routine Maintenance and Emergency Repairs. The Contract as amended shall be referred to as the "Contract." C. The parties now desire to amend the Contract as set forth in this Amendment for an amount not to exceed Fifty Thousand Dollars and No Cents ($50,000.00) for additional Citywide Routine Maintenance and Emergency Repairs. 2. Section 3 of the Contract is hereby amended to read as follows: a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The Second Amendment amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) for additional Fiscal Year 2004-2005 Citywide Maintenance and Emergency Repairs. The First Amendment amount of One Hundred Fifty Thousand Dollars and No Cents ($150,000.00) and the Second Amendment amount of Fifty Thousand Dollars and No Cents ($50,000.00) shall not exceed the total contract amount ofThree Hundred Thousand Dollars and No Cents ($300,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 R:\MAlNIAIN\ WKORDERS1CONfRACf MASTERS12004-2005lMONTELEONE 04-05 AMEND 2.DOC '- IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR MONTELEONE CONTRACTORS, Inc. 35245 Briggs Rd. Murrieta, CA 92563 (951) 538-6537 Ryan Monteleone 2 R:\MAfNFAIN\ WKORDERS1CONTRACJ MASTERS\2004-2005\MONTELEONE 04..()5 AMEND 2.DOC EXHIBIT B LABOR AND EQUIPMENT RATES 10 R:\maintain\workorders\Monteleone 03-04 Agrmt\master const agrmt Monteleone Excavating 39059 Camino Hermosa Murrieta, CA 92563 pilon: (909) 538-6537 Fas: (909) 695-2525 --------.-------------------------~--------------------------------------------------------------------- Time and equipment rate for 2004-2005 Equipment Rate per hr Saturday/+ 8hrs regular rate *per hour overtime 450 dozer 5105.00 D6LGP 5150.00 D6H 5115.00 824 dozer 5160.00 D8k dozer 5155.00 D8N dozer 5155.00 D8R dozer 5150.00 D9L dozer 5225.00 650 komatsu 5280.00 400 excavator 5183.00 300 excavator 5150.00 220 excavator 5125.00 446 backhoe 51010 30 Mfskip/mower 577.50 450 C loader 5145.00 950 loader 5130.00 977 loader 5130.00 973 track loader 5140.00 963 track loader 5130.00 12 G motor grader 5115.00 623 scraper 5150.00 860 scraper 5140.00 657 push pull 5240.00 637 E push pull 5200.00 10 wheel dump/pup 580.00 HI-side semi 585.00 4,000 gal w/truck 575.00 Lowbed truck 590.00 Foreman 566.00 Pick-up 530.00 Grade checker 554.00 Laborer $46.00 5120.50 5165.50 5130.50 5175.50 5170.50 5170.50 5165.50 5240.50 5295.50 5198.50 5165.50 5140.50 5116.50 593.00 5160.50 5145.50 5145.50 5155.50 5145.50 5130.50 5165.50 5155.50 5255.50 5215.50 595.50 5100.50 590.50 5105.50 581.50 545.50 569.50 561.50 Holiday/Sunday overtime rate 5137.00 5181.00 5146.00 5181.00 5186.00 5186.00 5181.00 5256.00 5311.00 5214.00 5181.00 5156.00 5132.00 5108.50 5176.00 5161.00 5161.00 5171.00 5161.00 5146.00 5181.00 5171.00 5271.00 5231.00 5111.00 5116.00 5106.00 5121.00 597.00 561.00 585.00 577.00 ---------------l RECE!VED MAY 2 6 2004 ^Il-" C'F '~'-i~t. i:r-r-./ (' .< I v I " : C:.!H.:::\_.l}LJ~ I ENGIN'i--~~r'~tlr ')r:~DAi"~r',.Jrr 10-' , . _..~~2...;,,~;J~~,';;..::J_.~- '=;...r.n ;)~/~,,~:,,~] *Note- Overtime wages begin after 3:00P.M. with a 6:30 A.M. starting time. Rate used beyond 8 hours on weekdays and all hours on Saturday. *Note- Any City work will be under 2003 Prevailing Wage Rates. Ryan Monteleone Office/ Cell (909) 538-6537 Fax: (909) 926-1998 MINUTE ACTION OF THE CITY COUNCIL OF THE CITY OF TEMECUlA, CALIFORNIA DATE: TO: MEETING OF: AGENDA ITEM NUMBER: January 27, 2005 Bill Hughes, Director of Public Works/City Engineer January 25, 2005 Item No. 14 SUBJECT: First Amendments to Fiscal Year 2004-2005 Annual Citywide Routine Maintenance Contracts The motion was made by Councilmember Naggar, seconded by Mayor Pro Tem Roberts, to approve staff recommendation. RECOMMENDATION: 14.1 Approve the First Amendment to the Fiscal Year 2004-2005 Annual Citywide Routine Maintenance Contract with Walter k. Becker (dba. Becker Engineering) for an amount of $150,000 and authorize the Mayor to execute the amendment; 14.2 Approve First Amendment to the Fiscal Year 2004-2005 Annual Citywide Routine Maintenance Contract with Monteleone Contractors. Inc. for an amount of $150.000 and authorize the Mayor to execute the amendment. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Edwards. Naggar. Roberts, Washington, Comerchero NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula. California. DO HEREBY CERTIFY, under penalty of pe~ury, the foregoing to be the official action taken by the City Council at the above meeting. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 27th day of January, 2005. APPROVAL CITY ATTORNEY DIRECTOROF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council ~~ William G. Hughes, Director of Public Works/City Engineer January 25, 2005 First Amendments to Fiscal Year 2004-2005 Annual Citywide Routine Melntenance Contract PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council: 1. Approve the First Amendment to the Fiscal Year 2004-2005 Annual Citywide Routine Maintenance Contract with Walter K. Becker (dba, Becker Engineering) for an amount of $150,000.00 and authorize the Mayor to execute the amendment 2. Approve First Amendment to the Fiscal Year 2004-2005 Annual Citywide Routine Maintenance Contract with Monteleone Contractors, Inc. for an amount of $150,000.00 and authorize the Mayor to execute the amendment BACKGROUND: On June 22, 2004 the City Council approved the Fiscal Year 2004-2005 Annual Citywide Routine Maintenance Contract with Walter K. Becker (Becker Engineering) in the amount of $200,000.00 and Monteleone Contractors, Inc. in the amount of $100,000.00 to provide citywide routine maintenance and constnJctlon work throughout the City. This work generally ranges In costs from over $1,000 to under $25,000 and Involves miscellaneous repairs to drainage areas, sidewalks, curbs, gutters, and stonn drains to include excavation and emergency response during the rainy season. This First Amendment to these contracts Is necessary due to en Increase in the number of large maintenance repair projects. and the heavy rainfall the City has experienced In the last few months. This increase to the original contracts will allow staff to respond to emergency work in an expeditious manner during adverse weather condlUons without jeopardizing administrative requlraments. It is important to understand that the not to exceed amounts of $150,000.00 does not necessarily mean it will be spent but rather is a ceiling to operate on an as needed basis. Although we also have other contractors available under contract, some of the types of services provided by others are limited and Becker Engineering and Monteleone Contractors, Inc. have been the most consistently available and responsive. The additional contractors on contract are specialized in different area's of construction and do not perfonn the same job tasks or emergency response excavation and repairs as Becker Engineering or Monteleone Contractors, Inc. This has resulted in Becker Engineering and Monteleone Contractors, Inc. contracts being exhausted sooner. R:\Agend8 Reports\2005\0126\Malntflnance Comracts Amend 1 The First Amendment In the amount of $150,000.00 requested for Becker Engineering and the original contract for a total contract amount of $350,000.00. The First Amendment In the amount of $150,000.00 to Monteleone Contractors Inc. and the original contract for a total contract amount of $250,000.00. FISCAL IMPACT: Adequate funds have been budgeted in the FY2oo4-05 Budget for the Public Wortul Maintenance Division. Routine Street Maintenance and Drainage Faclllty Maintenance for Becker engineering original contract amount of $200.000.00 pius the First Amendment amount of $150,000.00 for a total contract amount of $350,000.00 and for Montaloene Contractors, Inc. original contract amount of $1 00.000.00 plus the First Amendment amount of$l50.ooo.oo fora tolal contract amount of $250.000.00. ATTACHMENT: 1. Amendment No.1 2. Agenda Report June 24, 2003 2 ~:\Agenda Reports\2005\0126\Matntenance tontrllCb Amend 1 ct1' I~,'l FIRST AMENDMENT TO FISCAL YEAR 2004.2005 ANNUAL CITYWIDE MAINTENANCE CONTRACT BETWEEN CITY OF TEMECULA AND MONTELEONE CONTRACTORS, INC. THIS FIRST AMENDMENT is made and entered into as of January 25, 2005 by and between the City of Temecula, a municipal corporation ("City") and MONTELEONE CONTRACTORS, INC. ("Contractor"). In consideration ofthe mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 22, 2004 the City and Contractor entered into that certain agreement entiUed "City of Temecula Agreement in the amount of One Hundred Thousand Dollars and No Cents ($100,000.00) for Fiscal Year 2004-2005 Citywide Routine Maintenance" ("Contract"). B. The parties now desire to amend the Agreement as set forth in this First Amendment for an amount not to exceed One Hundred Fifty Thousand Dollars and No Cents ($150,000.00) for additional Fiscal Year 2004-2005 Citywide Routine Maintenance. 2. Section 3 of the Agreement is hereby amended to read as follows: a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full. the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The First Amendment amount shall not exceed One Hundred Fifty Thousand Dollars and No Cents ($150,000.00) for additional Fiscal Year 2004-2005 Citywide Maintenance. The maximum amount of payment under this Agreement shall not exceed the total contract amount of Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 R..IMAlNTAIMWKORDERSICONTRAcr MASTERS\20Q4-2IJ05\MONTELEONE 04-05 AMEND I.DOC IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. . CITY OF TEMECULA /A~EST: ~ , Peter M. Thorson, City Attorney CONTRACTOR MONTELEONE CONTRACTORS, INC. 35245 Briggs Rd. Murrieta. CA 92563 (951) 538-6537 A~ Ryan Monteleone "'5." 2 R.-IMAINTAINl WKORDERSICONTRACT MASTERSI21J04.2005IMONTELEONE lJ4.()5 AMEND I.DOC DATE: TO: MEETING OF: AGENDA ITEM NUMBER: SUBJECT: MINUTE ACTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA June 23, 2004 Bill Hughes, Director of Public Works/City Engineer June 22, 2004 Item No. 24 Public Works Fiscal Year 2004-2005 Annual Maintenance Aareements The motion was made by Council member Comerchero, seconded by Councilmember Stone, to approve staff recommendation. RECOMMENDATION: 24.1 Approve the Annual Maintenance contracts for Fiscal Year 2004-2005 with: 1. Murrieta Development Co. for an amount not to exceed $ 50,000.00 2. NPG, Inc. (Nelson Paving & Sealing) for an amount not to exceed $ 50,000.00 3. Monteleone Contractors, Inc. for an amount not to exceed $100,000.00 4. Toran Development & Construction for an amount not to exceed $100,000.00 5. Road Works, Inc. for an amount not to exceed $100,000.00 6. Strong's Painting for an amount not to exceed $100,000.00 7. Becker Engineering for an amount not to exceed $200,000.00 8. Imperial Paving Company, Inc. for an amount not to exceed $200,000.00 9. Rene's Commercial Management for an amount not to exceed $200,000.00 The motion carried by the following vote: AYES: NOES: ABSENT: ABSTAIN: 4 o COUNCILMEMBERS: Comerchero, Roberts, Stone, Naggar COUNCILMEMBERS: None 1 COUNCILMEMBERS: Washington COUNCILMEMBERS: None o STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, DO HEREBY CERTIFY, under penalty of pe~ury, the foregoing to be the official action taken by the City Council at the above meeting. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 23rd day of June, 2004. ) APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City ManagerlClty Council ~lIIlam G. Hughes, Director of Public Works June 22, 2004 Public Works Fiscal Year 2004.2005 Annual Maintenance Agreements PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve the Annual Maintenance contracts for Fiscal Year 2004-2005 with: 1. 2. 3. 4. 5. 6. 7. 8. 9. Murrieta Development Co., for an amount not to exceed NPG, Inc. (aka Nelson Paving & Sealing) for an amount not to exceed Monteleone Contractors, Inc., for an amount not to exceed Toran Development & Construction for an amount not to exceed Road Works, Inc. for an amount not to exceed Strong's Painting for an amount not to exceed Becker Engineering for an amount not to exceed Imperial Paving Company, Inc., for an amount not to exceed Rene's Commercial Management, for an amount not to exceed $ 50,000.00 $ 50,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $200,000.00 $200,000.00 $200,000.00 BACKGROUND: Each year the City enters into numerous citywide routine street and stonn drain maintenance agreements with various contractors that perfonn minor (small job) maintenance work throughout the City. These jobs usually range in cost from over $1,000 to under $25,000 and Involve miscellaneous repairs to roadways, drainage areas, sidewalks, curbs, cutlers, stonn drains, including excavation and emergency call-out. Nevertheless, each job requires an agreement between the City and the contractor. In an effort to streamline these contractual requirements, staff has taken measures to place under agreement nine (9) contractors that are very capable of perfonnlng routine jobs and emergency repairs with little notice. Essentially, these agreements will give staff administrative tools needed to efficiently execute minor routine maintenance and emergency work by having executed agreements which satisfy insurance, prevailing wage requirements, tenns and conditions as well as a general scope of work. This contracting technique is widely used by cities to employ a higher more responsive maintenance capability. Also, in the event of harsh weather that can impinge the safety of the City roadways, and other City maintained areas, these agreements can facilitate an expedient reaction and resolution to adverse conditions without jeopardizing administrative requirements. It is important to understand that the not to exceed $50,000.00 to $200,000.00 amounts does not necessarily mean it will be spent but rather is a ceiling to operate on an as needed basis. 1 Although some jobs may be better accomplished by one contractor because of equipment availability, timing Issues and job location, every effort will be made by staff to distribute the work load evenly between these contractors. The contractor will be responsible for providing a work proposal for each( job, which must be approved by staff before any work is started. Staff mailed letters to thirteen (13) contractors In the local area that could meet the described minor routine maintenance work required. The letters requested time and material pricing for both labor and equipment rates. It also Included holiday and ovemlght rates. Nine (9) out of the thirteen (13) contractors responded and provided competitive labor and equipment rates as seen In Exhibit "B" of each agreement. Review of these rates has determined they are consistent with current prevailing wages and current hourly equipment rates previously paid by the City. The contractors listed below responded to the request for time and material rates and are recommended for a not to exceed $50,000.00 to $200,000.00 agreements for a one (1) year term. ComDsnv Amount not to Exceed Term 1. 2. 3. 4. 5. 6. 7. 8. 9. Mumeta Development Co. NPG, Inc. (aka Nelson Paving & Sealing) Monteleone Contractors, Inc. Toran Development & Construction Road Works, Inc. Strong's Painting Becker Engineering Imperial Paving Company, Inc. Rene's Commercial Management $ 50,000.00 $ 50,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $200,000.00 $200,000.00 $200,000.00 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year FISCAL IMPACT: Adequate funds have been budgeted in the Fiscal Year 2004-2005 Public Work's, Maintenance Division Operating Budgetfor; Drainage Facility Maintenance Account No. 001-164-601- 5401; Routine Street Maintenance Account No. 001-164-601-5402; Old Town Repair & Maintenance Account No. 001-164-603-5212; and Other Outside Services Account No. 001-164-603-5250. ATTACHMENT: 1. Contractor Mailing List 2. Contracts 2 r.\agdrpt\2004\0622\Annual 04-05 MalnlAgreements.AGNlajp Contractor Mailing List FISCAL YEAR 2004.2005 1. N P G Corporation (Nelson Paving) P.O. Box 1515 Perris, CA 92575 2. Del Rio Enterprise 42181 Avenida Alvarado Temecula, CA 92590 3. Walter K. Becker (DBA Becker Engineering) P.O. Box 890365 Temecula, CA 92589-0365 4. Rene's Commercial Management 1002 Luna Way San Jacinto, CA 92583 5. Monteleone Contractors, Inc. 39054 Camino Hermosa Murrieta, CA 92563 6. Toran Development & Construction (Gary Clapp) 37110 Mesa Rd Temecula, CA 92592-8633 7. Murrieta Development 42540 Rio Nedo Temecula, CA 92590-3727 8. Cajer Equipment Rental (Bruce Feaver)1 P.O. Box 585 Temecula, CA 92593 (909) 841-8803 9. Imperial Paving Co., Inc. Fritz Coy 13555 E. Imperial Highway Whittier, CA 90605 10. Pacific West Construction Arthur R. Coltrain Jr. 637 N. Emerald Dr. Vista, CA 92803 (760) 639-1729/ FAX (760) 639-1904 11. David & Dixie Minnesang DBA: Minnesang Pest Specialists 27636 Ynez Rd., L-7, #101 Temecula, CA 92591 (909) 699-2661/ FAX (909) 699-6008 3 ITEM 7 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT FROM: City Manager/City Council ~~illiam G. Hughes, Director of Public Works/City Engineer TO: DATE: April 12, 2005 SUBJECT: Temecula Library, Project No. PWOO-07 ward of a Construction Contract PREPARED BY: Amer Attar, Principal Engineer Bill McAteer, Construction Manager RECOMMENDATION: That the City Council: 1. Award a construction contract for the Temecula Public Library, Project No. PWOO.07, to EDGE Development, Inc., in the amount of $11,757,812.30, and authorize the Mayor to execute the contract. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $1,175,781.20, which is equal t010% of the contract amount. 3. Approve the acceleration of appropriated budgeted funds in FY2005-2006 to FY2004- 2005 in the amount of $8,671 ,570.00. 4. Approve a transfer in the amount of $1,700,000.00 from the Maintenance Facility/ Field Operation Center to the Temecula Library Project. BACKGROUND: On December 14, 1999, the City Council awarded a professional services contract to LPA, Incorporated of Irvine, California, to provide architectural design services for the Temecula Public Library project. Subsequently, the City along with the consultant, the County of Riverside, and the Temecula Valley Unified School District worked together to modify the design and programming elements in order to obtain grant funding for the project from the State of California. California State Library's Office of Library Construction awarded the City a grant in the amount of $8,552,414.00 for Cycle Two funding of the Library Bond Act of 2000 program enabling the project to proceed. The project consists of the construction of a 34,000 square foot steel frame building with a clerestory central hallway on a four acre unimproved site along Pauba Road. The foundation will partially sit on cast-in-drilled-hole (CIDH) concrete piles due to the projects hillside location. The public area of the library will consist of a community room, a children's room with a story time room, a reference library, book stacks, a heritage room, five study rooms, a technology homework room, a kitchen, and public restroom facilities. There will also be office space, a lounge, and restrooms for the support staff. The site work consists of the construction of all wet and dry utilities, site drainage systems, erosion control, and retaining walls on CIDH piles, site walkways, furnishings, and landscaping. There is also a parking lot with 133 parking spaces that includes an arbor covered walkway, a front courtyard, and an inspiration garden. The Pauba Road Improvements, Project No. PWOO-09 will have to be completed in conjunction with this project in order to provide the water line necessary to serve the Library site, as well as provide other street improvements to enhance access to the Library. Plans and Specifications for this project are nearly complete. And the project is scheduled to be advertised for bids in May. We anticipate that construction will be completed prior to the Library project. Because of the size and complexity of the project, the City pre-qualified contractors that have recent proven experience in the construction of facilities of this type for this project. The Public Works Department invited contractors to submit their qualifications in response to a formal Request for Qualifications (RFQ) in October 2004. Twenty-one contractors responded to the RFQ from which eighteen were pre-qualified. On January 25, 2005, The City Council approved the plans and specifications for the project and authorized the Public Works Department to solicit construction bids. The Architect's cost estimate for the project was $ 9,800,000. Five (5) bids for the project were publicly opened on April 7, 2005. The are as follows: 1. Edge Development, Inc. $11,757,812.30 2. C. E. Wylie Construction $12,152,120.00 3. Solteck Pacific (dba) Solpac Inc. $12,788,000.00 4. Tovey Schultz Construction $13,100,000.00 5. Wood cliff Corporation $14,702,901.00 A copy of the bid summary is available for review in the City Engineer's office. Staff has reviewed the bid proposals and found that Edge Development, Inc. of Temecula, California, to be the lowest responsible bidder for this project. Edge Development Inc. has satisfactorily performed similar type of work for other agencies. The specifications allow Three Hundred and Twenty (320) working days for completion of the project. Work is expected to begin in May 2005 and be completed by the August 2006. FISCAL IMPACT: The Temecula Public Library, Project No. PWOO-07, is funded through Development Impact Fees, reimbursements from Riverside County and the Friends of the Library, State Library Grant Funds, and Capital Project Reserves. The acceleration of the budgeted FY2005-2006 and the transfer of funds from the Maintenance Facility/ Field Operation Center is necessary to cover the administration and construction costs for this project The total construction cost is $12,933,593.50, which includes the contract amount of $11,757,812.30, plus the 10% contingency amount of $1,175,781.20. ATTACHMENTS: 1. Library Rendering 2. Project Location 3. Project Description 4. Contract .. , .. ~ ,.... 0 ~ I 0 0 ~ m - n. ...J ~ <( CI) .c ...J E :J ::s U Z W - CJ ~ CI) .- W 0 ~ l- n. CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PWOO-07 TEMECULA PUBLIC LIBRARY THIS CONTRACT, made and entered into the 12th day of April, 2005, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Edge Development, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.a. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PWOO- 07, TEMECULA PUBLIC LIBRARY, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications for Construction of Local Streets and Roads, (latest edition), issued by the California Department 0 f Transportation where specifically referenced i n the Plans a nd Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Conditions, Special Provisions, and Technical Specifications for PROJECT NO. PWOO-07, TEMECULA PUBLIC LIBRARY. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine SI. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Conditions, Special Provision, and Technical Specifications for PROJECT NO. PWOO-07, TEMECULA PUBLIC LIBRARY. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. CONTRACT CA-l R:lcipIProjectsIPWOO.07\AgreementsIContract Edge Devel Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PWOO-07, TEMECULA PUBLIC LIBRARY All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: ELEVEN MILLION SEVEN HUNDRED FIFTY SEVEN THOUSAND EIGHT HUNDRED TWENTY THREE DOLLARS and NO CENTS ($11,757,823.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed Three Hundred Twenty (320) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS LUMP SUM BID SCEHDULE: A. Within ten (10) working days of the contract award, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall also be used as the basis for reviewing the CONTRACTOR's payment requests. CONTRACT CA- 2 R:\cip\Projects\PWOO-07\Agreements\Contract Edge Devel UNIT PRICE BID SCHEDULE: B. Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the General Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be req uested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The City hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. CONTRACT CA-3 R:\cip\Projects\PWDO-07\Agreements\Contract Edge Devel 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the General Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims 0 r items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. CONTRACT CA-4 R\cip\Projects\PWOO-07\Agreements\Contract Edge Oevel 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, office or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than t he City of T emecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. CONTRACT CA-S R:lcipIProjectsIPWQQ.Q7lAgreementsIContract Edge Devel 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: William G. Hughes Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: William G. Hughes Director of Public Works/City Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92590 CONTRACT CA-6 R:\cip\Projects\PWOOM07\Agreements\Contract Edge Devel IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Edge Development, Inc. 27368 Via Industria, Suite 101 Temecula, CA 92590 (951) 296-0776 Kenneth Dayne Wagoner, Principal/CEO Signature Print or type Title (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA Jeff Comerchero, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CONTRACT CA-7 R:\cip\Projects\PWOO-07\Agreements\Contract Edge Devel Ii I Ii ~ l ~ l; I ~ !m.~ ~ 8 ~ JA !::: U IotAAl.t)tr.tAOfl ~ ""l .. z~ tl ;:l E=< ~ 11 ':;' ~ ,!:; '" ~ i .".., r- '" - ""'" .... i s ~ ~ l:: ~ u ~ i::l b ~ ~ .,; " .~ '" .." lii ~ e9 ..l .... ~ " " 0 ll~ " lii ~ 5i, .g .;;; .Eo .. - .... E::: tl " .... o ... ~ .. Q (/) U t- O , o o ~ p.. 1 :.::: '" " " g '" " .... j " .~ :g p. .... o <8 " ~ '" o o o .,f '" " ... '" 0 N " ~ 0 ~ 'B - ;:> d./:l - '" N g ." 0.." ~ lii S 5i, 8 'fii ~.g I " "'.;:; " " .~" .." E! " (/) .S .~ ~ Il 8~ .g 'S: [ o .... j ;:l " .~ ~ " '3 " " ~ f-< " .;:; tl " .. .c;' -= ... ~~ '" :g" " " ~c}l .,; " " 'E " '" @ B '" '" " " ;J .;:; .~ '1 o " .s " .." 'S: o ~~ .... - "", " - o 00 a::~ '" .... " " '0' .;; ... ..:1>- "';j 1:1 .... " " =.... " ~ .... " t;~ " " Uu OOOV'lOOV'l <o::tM\O\OOOOO NMf-_OO-.:t 00'" 0"1" r-" N" 00" 0'" ..,,'" t--M\O('I')00 v)lI"l v V'l v r---... -.::to' N 0'\ 0\" ............ -" <<::to. - " '" .... ... " " :~ ~ .. " u EAEft(flEftEftEft&<:t 0- C , 00 c c ... 00 c , r- c c ... r- ~ '0 C C ... c C \0 g &:; :x 0'" C C M C N t- ... vi '" '" oooV) ln~~~~ 9> oOl,f)"r---"N' ~r---O\OM QNOOVr-.. ~ M ...... Eft Eft EA Eft o .. '" "':l ~ t""-" .. .. '" .a ~ M <s o 00 00 o M 00 '" '" 000 o 0 r- o 0 on 00 0"'-:- 00 on r- "=t... ~ \0" _ _ 00 '" '" '" 2l ~ .~ .g" ~ f ~.1l !~!J 'J " " " " '13 i" .ft.~ ~ .2 ]0 <uQ8~8.... ~ 1 OIl .g .. '>1 " " ,g on - '" '" 00 '" '" '" 1;; ~oV)ooooV) ~~...:...~~...~~...~ ~~~g..~~~oo _ -.::J""...... 00 ...... Vi" o - MEftEAEftEAWEftEft ] ~ '" 'Z ~ ~ " 1;; ~ ~ g '" ~ a '~.8 t:! ]gJ,;;l>--9~~" .., " t;";'" " ~~~ 6-5 ~aa~'Ol orEr9 U)~ e ~ ~ .~ .~ e;. ~!!r>!Jl:~~ a~~I:lI:l:l"" <~~<5<5s~ !!~1l1~ o",,!la- g 8 8 ~ OJ g gg.g.~~:~ ::... i ~ .S .8 g- o OJ 4) 0 1-0 '" 0 0 ~ ~ '" 00 '" - o :! '" '" 00 '0 bil .~ ~ p.. ~ "3 ~ .~ j'J g. 0 U .... '" ~ c (,j U ... ~ l3 oll ~ o '0 " " .. " .e ... " " r.. <Jl ITEM 8 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Grant Yates, Assistant to the City Manager DATE: April 12, 2005 SUBJECT: Reappointment of Animal Shelter Liaison/JPA Representative PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: That the City Council appoint Councilmember Maryann Edwards as the City's representative on the Board of Directors of the Southwest Communities Financing Authority. BACKGROUND: The Southwest Communities Financing Authority (JPA) was created among the cities of Temecula, Murrieta, Lake Elsinore, Canyon Lake, and Riverside County for the purpose of financing the construction of a new animal shelter. The JPA's Board of Directors includes one elected official from each city. The Board will consider the details of the new shelter, associated funding, and operating rules. On February 8, 2005 Councilmember Mike Naggar was appointed as the City's representative on the JPA Board. However, due to unforeseen commitments, Councilmember Mike Naggar has indicated that he is unable to attend these meetings. Council member Maryann Edwards has volunteered to serve as the City's liaison on this Board in Councilmember Naggar's place. Since Councilmember Edwards has already volunteered to attend meetings and has a working knowledge of issues relating to the shelter, it is recommended that she be appointed as the City's liaison and be delegated the authority to vote on the City's behalf. FISCAL IMPACT: None r:yatesglagendalrep0rt/2005fanimal shelter jpa rep 4-12-05 ITEM 9 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council .~ FROM: Shawn Nelson, City Manager DATE: April 12, 2005 SUBJECT: Resolution of support for Providing Necessary Infrastructure for Regional Goods Movement Including Separated Rail Crossings (At the request of Councilmember Naggar) PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: That the City Council adopt the following resolution: RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE EFFORTS OF THE CITY OF RIVERSIDE AND THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) TO ADDRESS THE CHALLENGES RELATED TO CREATING A REGIONAL GOODS MOVEMENT SYSTEM THAT CONSTRUCTS GRADE SEPARATED RAIL CROSSINGS; ESTABLISHES HIGHWAY PROJECTS DEDICATED TO GOODS MOVEMENT; AND IDENTIFIES PUBLIC AND PRIVATE FINANCING ALTERNATIVES TO CONSTRUCT THE NEARLY $3.5 BILLION IN RAIL AND HIGHWAY IMPROVEMENTS NECESSARY TO SUPPORT THIS SYSTEM AND PROTECT THE REGION'S ECONOMC VIABILITY BACKGROUND: Southem California is the primary access point for national goods movement. Separately, the Los Angeles and Long Beach ports are the two busiest ,ports in North America. Together, these two ports from the third busiest port in the world (behind only Hong Kong and Singapore). These ports are expected to experience an increase of 81% by 2010 and another increase of 220% by 2025. Within this region, the City of Riverside continues to be greatly impacted by the goods movement. More than 75% of the containers coming through the ports of Los Angeles and Long Beach travel through the City of Riverside to destinations within every state affecting 2,020,500 jobs and a trade value of $196 billion. Current peak railroad traffic in the City of Riverside results in 92 freight and 11 passenger trains per day for a total of 103 trains. By 2010, it is estimated to total 120 tains and 174 by 2025. Presently, the average rail crossing gate in Riverside can be down as long as 4 hours per day. By 2020, this will grow to 7 plus hours per day resulting in more than 659,555 hours of vehicle R:\ADAMSA lCOUNClLlResolutio...nilroad ,rade crossing. staff repon.doc delay annually, generating 45 tons of additional pollutants, cutting of crucial first responders services and posing a possible homeland security threat. Without additional tracks and other improvements (grade separations), the forecasted freight and passenger train levels will result in a total breakdown of the rail network out of the ports of Los Angeles and Long Beach through Riverside by 2010. The City of T emecula supports both the City of Riverside and the Southem California Association of Governments (SCAG) in their efforts to address the challenges related to creating a regional goods movement system that constructs grade separated rail crossings; establishes highway projects dedicated to goods mowment; and identifies public and private financing altematives to construct the nearly $3.5 billion in rail and highway improvements necessary to support this system and protect the region's economic viability. FISCAL IMPACT: None at this time Attachments: Resolution 05-_ R,\ADAMSAlCOUNOLlResolution-railroad,rade crossill3S staff ,"""n.doc RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE EFFORTS OF THE CITY OF RIVERSIDE AND THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) TO ADDRESS THE CHALLENGES RELATED TO CREATING A REGIONAL GOODS MOVEMENT SYSTEM THAT CONSTRUCTS GRADE SEPARATED RAIL CROSSINGS; ESTABLISHES HIGHWAY PROJECTS DEDICATED TO GOODS MOVEMENT; AND IDENTIFIES PUBLIC AND PRIVATE FINANCING ALTERNATIVES TO CONSTRUCT THE NEARLY $3.5 BILLION IN RAIL AND HIGHWAY IMPROVEMENTS NECESSARY TO SUPPORT THIS SYSTEM AND PROTECT THE REGION'S ECONOMIC VIABILITY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND REQUEST AS FOLLOWS: WHEREAS, Southern California is the primary access point for national goods movement; and WHEREAS, Los Angeles and Long Beach ports are the two busiest ports in North America; and WHEREAS, Together these two ports from the third busiest port in the INOrld (behind only Hong Kong and Singapore) handling more than 15.5 million TEU's (twenty-foot equivalent units) annually; and WHEREAS, By 201 0, this TEU statistic is expected to increase 81% and another 220% by 2025; and WHEREAS, Within this region, there is no city more greatly impacted by the goods movement issue than the City of Riverside; and WHEREAS, More than 75% of the containers coming through the ports of Los Angeles and Long Beach travel through Riverside to destinations within every state affecting 2,020,500 jobs with a trade value of $196 billion; and WHEREAS, Current peak railroad traffic in the City of Riverside results in 92 freight and 11 passenger trains per day for a total of 103 trains; and WHEREAS, Without additional tracks and other improvements (grade separations), the forecasted freight and passenger train levels will result in a total breakdown of the rail network out of the ports of Los Angeles and Long Beach through Riverside by 201 0; and WHEREAS, The City of Riverside has 27 at-grade crossings that require mitigation with an estimated cost in excess of $500 million; and WHEREAS, Innovative financing should be explored including public and private financing alternatives to construct the nearly $3.5 billion in rail and highway improvements necessary to support this system and protect the region's economic viability; and Resos\99-40 THEREFORE BE IT RESOLVED, The CityofTemecula City Council supports the efforts of the City of Riverside and the Southem California Association of Governments (SCAG) to address the challenges related to creating a regional goods movement system that constructs grade separated rail crossings; PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 12th day of April, 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City ofTemecula, California, do hereby certify that Resolution No. 00- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 12th day of April, 2005, by the following vote: AYES: COUNCILMEMBERS: NOES: o o COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: o Resos\99-4Q 2 Resos\99.40 3 Susan W. Jones, CMC City Clerk ITEM 1 0 APPROVAL CITY A HORNEY DIRECTOR OF FI~E CITY MANAGER ..J. C/ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn Nelson, City Manager DATE: April 12, 2005 SUBJECT: Resolution of opposition to the Granite Quarry Project (At the request of Mayor Comerchero) PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: That the City Council adopt the following resolution: RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING THE DEVELOPMENT OF A SURFACE MINING OPERATION WITHIN THE HILLS SOUTH OF TEMECULA BACKGROUND: It is anticipated that an application Vlill soon be submitted to RiI.erside County for a Surface Mining Permit (SMP) for the 311-acre Liberty Quarry site located in southwestern Riverside County. This site (see attached map) is located in the Santa Ana Mountains three miles south of Temecula and to the west of Interstate 15. The site is accessed via the Rainbow Valley Blvd intersection with 1-15, which is also used to access the adjacent California Highway Patrol (CHP) weigh station on the southbound side ofl-15. The proposed applicant, Granite Construction Company (Granite), proposes to develop and reclaim a new hard rock granite quarry. The quarry is proposed to be excavated in three phases to form a basin or bowl within the hills. The excavation plan will utilize the surrounding ridge lines within the project boundary to block views of the site. The quarry footprint will ultimately total approximately 155 acres and the access road will require 6-8 acres for construction. Aggregate, asphalt, concrete batch, and recycle plants will be constructed within the overall quarry. Approximately 70+/- acres will remain undisturbed on the Westside of the site as well as 80+/- acres remaining undisturbed to the northeast and southeast. Fifty-foot setbacks will be established along properties adjacent to the actual quarry. Associated with the quarry will be an aggregate processing facility consisting of a series of crushers, screens, conveyors, wash equipment, a hot-mix asphalt batch plant, a ready mix concrete plant, a concrete and asphalt recycling facility, an administration building, an employee facility building, a maintenance facility with diesel fuel; propane, and water tanks, natural gas fueled engines or micro turbines, an electric substation, water and gas lines, a reservoir, settling ponds, truck scales, and truck and equipment parking areas. The project will also include construction of an asphalt paved entrance road of approximately 6,000 to 7,500 feet in length. The entrance road will be a 36-foot wide paved asphalt roadway with two 12-foot lanes, 6-foot C:\DocumentsandSenill~"\Susan.J"..es\Local Setti"lslTemporary Illlemcl FilesIOU$2\ResoluUon-,nnitequanystaffrcpon.doc shoulders, and tumouts for passing and emergency stops. As part of the project, Granite proposes to construct an additional lane to the el<isting southbound off-ramp for the Rainbow Valley overpass. This lane would be a right hand tum lane to handle all traffic entering the site from the north. This proposal is based on the availability, consumption, and demand for aggregate and construction material resources in California but primarily westem Riverside County. In conversations with Riverside County Planning staff they indicated that under their current General Plan the project may be compatible in a rural mountain designation. They also indicated that it is very likely that once the application is submitted they will be requiring an Environmental Impact Report (EIR) which could take approximately a year and a half to complete. County staff anticipates that there will be a scoping session scheduled in the next 60 days on this project. Attached is a resolution of opposition to the development of a surface mining operation within the hills south of Temecula primarily due to: the unmitigated cumulative traffic impact to Interstate 15 corridor; cumulative traffic impacts to existing roadways; volume of traffic associated with the production facility; the adverse impacts to the regional air quality and human health risk associated with diesel truck emissions; the permanent scarring of existing hillsides; the potential contamination of surrounding watersheds; the irreversible significant impact to surrounding wildlife and habitat; and the unanticipated impacts associated v.ith a 75-year land use permit. FISCAL IMPACT: None at this time Attachments: Project Site Map Resolution 05-_ C:\Do<.:UfllCIIlSIlld Smiogs\SlISI.IlJOlICSILocaIScllillJ""Tcmponry lllltJ'llCt Fileo\0LK52\Re.oluliOl.-granitequarrymff~n.doc CO OF RIVERSIDE TRANS Fax:909-955-3157 r. Proiect Site Apr 7 2005 15:09 P. 04 . 2000 I ;, ., . .....-. I.,IBERTY. QUARRY.. .;......~.... . .. Figure'l LILBURN cORP'O'"....'fIOH Gmnit9 Construction Compony ',' ~vB,;'$id9 .Co'unfY;"c'cilnomi.CI. . RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING THE DEVELOPMENT OF A SURFACE MINING OPERATION WITHIN THE HILLS SOUTH OF TEMECULA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND REQUEST AS FOLLOWS: WHEREAS, it is anticipated that an application will soon be submitted to Riverside County for a Surface Mining Permit (SMP); and WHEREAS, the location of this project is on a 311-acre Liberty Quarry site located just south of Temecula, west of Interstate 15 in the hills; and WHEREAS, the proposed project footprint will ultimately total approximately 155 acres and the access road will require 6-8 acres for construction; and WHEREAS, the proposed components of the project will include aggregate, asphalt, concrete batch, and recycle plants will be constructed within the overall quarry; and WHEREAS, the City of Temecula is opposed to this development due to the unmitigated cumulative traffic impacts to the Interstate 15 corridor, cumulative traffic impacts to existing roadways, volume of traffic associated with the production facility, the adverse impacts to the regional air quality and human health risk associated with diesel truck emissions, the permanent scarring of existing hillsides, the potential contamination of surrounding watersheds, the irreversible significant impact to surrounding wildlife and habitat, and the unanticipated impacts associated with a 75-year land use permit; and THEREFORE BE IT RESOLVED, The City of Temecula City Council opposes the development of a surface mining operation within the hills south of the City of Temecula; PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 12th day of April, 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] Resos\99-40 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City ofTemecula, Califomia, do hereby certify that Resolution No. 00- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 12th day of April, 2005, by the following vote: AYES: o COUNCILMEMBERS: NOES: o COUNCILMEMBERS: ABSENT: o COUNCILMEMBERS: Susan W. Jones, CMC City Clerk Resos\99-40 2 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT MARCH 22, 2005 A regular meeting of the City of Temecula Community Services District was called to order at 7:25 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: Comerchero, Edwards, Naggar, Roberts, and Washington ABSENT: o DIRECTORS: None Also present were General Manager Nelson, City Attorney Thorson, and Deputy City Clerk Ballreich. PUBLIC COMMENTS No comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of March 8, 2005. 2 Ratification of Election Results - Wolf Creek Specific Plan No. 12 RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. CSD 05-10 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON MARCH 14, 2005, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW 3 Pool Equipment Room Renovation at the Temecula Elementarv RECOMMENDATION: 3.1 Award a contract to Horizon Mechanical Contractors of California for $60,914 for the installation of pool equipment at the Temecula Elementary School (T.E.S.); R\Minutes.csd\032205 3.2 Approve a 10% contingency in the amount of $6,091.40; 3.3 Authorize the purchase of equipment from Knorr Systems, Inc. for $43,888.00. MOTION: Director Comerchero moved to approve Consent Calendar Item Nos. 1-3. The motion was seconded by Director Roberts and electronic vote reflected unanimous approval. DEPARTMENTAL REPORT No additional comments. DIRECTOR OF COMMUNITY SERVICES REPORT Community Services Director Parker invited the community to the Spring Egg Hunt on Saturday, March 26, 2005, held at Ronald Reagan Sports Park, Paloma Del Sol Park, Temeku Hills Park, and Harveston Community Park, starting at 10:00 A.M. and also invited to the community to the City's new FIT Program (Fitness in Temecula), starting on Monday, April 11, 2005, for all ages; that a staff member will be at Ronald Reagan Sports Park, Harveston Community Park, Pala Community Park, and Temeku Hills Park every Monday, Wednesday, and Friday between 6:30 - 8:00 P.M. to note progress; that this program is to encourage people to exercise, eat healthy, and live a healthy lifestyle; and thanked the City's sponsors - Temecula Valley Unified School District, Guidant Corporation, and the Soup Plantation - for their support of tis program. Thanking the Mayor for his input with regard to this program and complimenting Community Services Director Parker on his efforts with regard to this program, President Washington as well advised of the many upcoming Spring/Summer programs. In response to Director Comerchero, Community Services Director Parker advised that the FIT Program will be advertised through paid advertisements in the local paper, fliers to the School District, and networking with the School District. In closing, Mr. Comerchero as well thanked Mr. Parker and his staff for their efforts associated with this program. GENERAL MANAGER'S REPORT General Manager Nelson as well commended Community Services Director Parker and staff on the coordination of the FIT Program. BOARD OF DIRECTORS' REPORTS No additional comments. R:\Minutes.csd\032205 2 ADJOURNMENT At 7:30 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, April 12, 2005, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] R:\Minutes.csdI032205 3 REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY MARCH 22, 2005 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:30 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 AGENCY MEMBERS Comerchero, Edwards, Naggar, Washington, and Roberts ABSENT: 0 AGENCY MEMBERS: None Also present were Executive Director Nelson, City Attorney Thorson, and Deputy City Clerk Ballreich. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of March 8, 2005. 2 Status Update of the Temecula Education Center RECOMMENDATION: 2.1 Receive and file. MOTION: Agency Member Comerchero moved to approve Consent Calendar Item Nos. 1-2. The motion was seconded by Agency Member Edwards and voice vote reflected unanimous approval. EXECUTIVE DIRECTOR'S REPORT No additional comment. AGENCY MEMBERS' REPORTS In response to Chairman Roberts, Director of Housing and Redevelopment Meyer clarified a recent quote of his with regard to a project in Old Town. R:\Minutes.rda\032205 ADJOURNMENT At 7:31 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, April 12, 2005 in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Roberts, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:\Minutes.rda\032205 2 TEMECULA PUBLIC FINANCING AUTHORITY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA PUBLIC FINANCING AUTHORITY JANUARY 25,2005 A regular meeting of the City of Temecula Public Financing Authority was called to order at 7:52 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AUTHORITY MEMBERS: Edwards, Naggar, Roberts, Washington, and Comerchero ABSENT: o AUTHORITY MEMBER: None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of January 11, 2005. 2 Second Readina of Ordinance No. TPFA 05-01 (Lewing Special Taxes) RECOMMENDATION: 2.1 Adopt an ordinance entitled: ORDINANCE NO. TPFA 05-01 AN ORDINANCE OF THE TEMECULA PUBLIC FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO . 03-02 (RORIPAUGH RANCH) MOTION: Authority Member Roberts moved to approve Consent Calendar Item Nos. 1 -2. The motion was seconded by Authority Member Edwards and electronic vote reflected approval. R:lMinutes.lpfaI012505 EXECUTIVE DIRECTOR'S REPORT No additional comments. BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 7:53 P.M., the Temecula Public Financing Authority meeting was formally adjourned. Jeff Comerchero, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:\Minutes.tpfa\012505 2 ITEM 2 APPRO V AL CITY ATTORNEY DIR.OF FINANCE ~ CITY MANAGER CITY OF TEMECULA AND TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: City Councilrremecula Public Financing Authority FROM: City Manager/Executive Director DATE: April 12. 2005 SUBJECT: Initial Actions Related to Issuance of Additional Bonds for Community Facilities District No. 03-1 (Crowne Hill) RECOMMENDATION: 1. That the City Council adopt the resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING DEPOSIT/REIMBURSEMENT AGREEMENT - CROWNE HILL 2. That the Authority adopt the resolution entitled: RESOLUTION NO. TPFA OS-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE ISSUANCE OF ADDITIONAL BONDS FOR THE CROWNE HILL COMMUNITY FACILITIES DISTRICT NO. 03-1, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO BACKGROUND: On June 24, 2003, the Board of Directors of the Authority formed the Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) (the "CFD") under the provisions of the California Government Code. On August 7, 2003 the Authority, for and on behalf of the CFD, issued $12,155,000 principal amount of CFD Special Tax Bonds, Series 2003-A pursuant to a Fiscal Agent Agreement between the Authority and U.S. Bank National Association, as fiscal agent, to finance various infrastructure and other improvements necessitated by the Crowne Hill development in the City. Section 2.14 of the Fiscal Agent Agreement allows for the issuance of Parity Bonds, as defined therein, to be secured on a parity with the bonds issued in 2003, the proceeds of which would be used to finance additional infrastructure costs. Lennar Homes of California, Inc. (the "Developer"), the master developer of the Crowne Hill development, has requested that the Authority now consider the issuance of Parity Bonds under the Fiscal Agent Agreement. The Developer has agreed to pay all City and Authority costs related to the proposed new CFD bond issue, and a Deposit/Reimbursement Agreement has been prepared by the Authority's Bond Counsel with respect thereto. The Parity Bonds would be payable solely from special taxes levied on land in the CFD and collected by the Authority. SPECIFIC ACTIONS: In order to begin the process to consider the issuance of the Parity Bonds for the CFD, the City Council will consider adoption of a resolution approving a Deposit/Reimbursement Agreement, and the Authority will then consider adoption of a resolution accepting the Developer's deposit, approving the Deposit/Reimbursement Agreement with the City and the Developer and engaging professionals to assist the City and the Authority in issuing the Parity Bonds. FISCAL IMPACT: The Developer has agreed to pay all out of pocket expenses incurred relative to the proposed issuance of Parity Bonds for the CFD. Costs of issuance of the proposed bond issue will be paid from the proceeds of the bonds to be issued by the Authority. All annual costs of administering the bond issue will be paid by special taxes levied on the properties in the CFD. Any CFD bonds will not be obligations of the City, but will be limited obligations of the Authority, payable solely from special taxes levied on land in the CFD. Attachments: Resolutions (2) Deposit/Reimbursement Agreement RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING DEPOSIT/REIMBURSEMENT AGREEMENT - CROWNE HILL WHEREAS, the Board of Directors of the Temecula Public Financing Authority (the "Authority") has formed the Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) (the "CFD") under the provisions of the California Government Code, and on August 7,2003, the Authority, for and on behalf of the CFD, issued $12,155,000 principal amount of Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Special Tax Bonds, Series 2003-A (the "2003 Bonds") pursuant to a Fiscal Agent Agreement, dated as of July 1, 2003 (the "Fiscal Agent Agreement"), between the Authority and U.S. Bank National Association, as fiscal agent; and WHEREAS, Section 2.14 of the Fiscal Agent Agreement allows for the issuance of Parity Bonds, as defined therein, to be secured on a parity with the 2003 Bonds under the Fiscal Agent Agreement; and WHEREAS, Lennar Homes of California, Inc. (the "Developer") has requested that the Authority consider the issuance of Parity Bonds under the Fiscal Agent Agreement, and has advanced funds to pay costs of the City and the Authority related thereto; and WHEREAS, the City desires to enter into a Deposit/Reimbursement Agreement with the Authority and the Developer (the "Deposit Agreement"), regarding the disposition of funds advanced by the Developer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. Deposit Aqreement. The City Council hereby approves and authorizes the City Manager to execute and deliver the Deposit Agreement, in the form on file with the City Clerk together with any changes therein deemed advisable by the City Attorney, the approval of such changes to be conclusively evidenced by the execution and delivery by the City of the Deposit Agreement. Section 2. Official Actions. The Mayor, City Manager, Director of Finance, City Clerk and all other officers of the City are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the implementation of the Deposit Agreement, including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents, which they, or any of them, may deem necessary or desirable and not inconsistent with the purposes of this Resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula, at a regular meeting held on the 12th day of April, 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan Jones, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 05-_ was duly adopted at a regular meeting of the City Council of the City of Temecula on the 12th day of April, 2005, by the following roll call vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk .2. RESOLUTION NO. TPFA 05-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE ISSUANCE OF ADDITIONAL BONDS FOR THE CROWNE HILL COMMUNITY FACILITIES DISTRICT NO. 03-1, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, the Board of Directors of the Temecula Public Financing Authority (the "Authority") has formed the Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) (the "CFD") under the provisions of the California Government Code, and on August 7, 2003, the Authority, for and on behalf of the CFD, issued $12,155,000 principal amount of Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Special Tax Bonds, Series 2003-A (the "2003 Bonds") pursuant to a Fiscal Agent Agreement, dated as of July 1, 2003 (the "Fiscal Agent Agreement"), between the Authority and U.S. Bank National Association, as fiscal agent; and WHEREAS, Section 2.14 of the Fiscal Agent Agreement allows for the issuance of Parity Bonds, as defined therein, to be secured on a parity with the 2003 Bonds under the Fiscal Agent Agreement; and WHEREAS, Lennar Homes of California, Inc. (the "Developer") has submitted to the Director of Finance of the City of Temecula (the "City") monies (the "Deposit") to be used by the City to pay costs of the City and the Authority in connection with proceedings under the Fiscal Agent Agreement relative to the issuance of Parity Bonds for the CFD; and WHEREAS, there has also been submitted a Deposit/Reimbursement Agreement (the "Agreement"), among the Developer, the City and the Authority, and this Board of Directors now desires to accept the money advanced by the Developer, to authorize the execution and delivery by the Authority of the Agreement, to employ certain consultants necessary for the issuance and sale of Parity Bonds of the Authority for the CFD, and authorize and direct Authority staff to take actions necessary to present to this Board of Directors for approval the documents necessary to issue the Parity Bonds. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. The Director of Finance of the City is hereby authorized and directed to accept the Deposit, and to use the Deposit in the manner contemplated by the Agreement. The Executive Director of the Authority is hereby authorized and directed to execute the Agreement for and on behalf of the Authority, and to take all actions necessary, in his discretion, to implement the Agreement. Section 2. City staff, acting for and on behalf of the Authority, are hereby authorized and directed to take all actions necessary or advisable to present to this Board of Directors for its review and approval all proceedings necessary to issue the Parity Bonds. Section 3. The firm of Stone & Youngberg LLC is hereby designated as underwriter to the Authority for the Parity Bonds. Section 4. The firm of Albert A. Webb Associates is hereby designated as Special Tax Consultant to the Authority for the CFD and the Parity Bonds, the firm of Fieldman Rolapp & Associates is hereby designated as financial advisor to the Authority for the Parity Bonds, the firm of McFarlin & Anderson is hereby designated as disclosure counsel to the Authority for the Parity Bonds, and the firm of Quint & Thimmig LLP is hereby designated as Bond Counsel to the Authority for the Parity Bonds. The Executive Director is hereby authorized and directed to execute agreements with said firms for their services in connection with the Parity Bonds, in form and substance acceptable to the Executive Director. The fees and expenses of such consultants shall be payable solely from the Deposit and/or the proceeds of the Parity Bonds when and if they are issued by the Authority for the CFD. Section 5. The Executive Director is hereby authorized, if determined appropriate in his discretion, to engage an appraiser to appraise the property subject to the special taxes to be levied within the CFD, and/or a market absorption consultant to analyze the proposed development in the CFD, on such terms as are acceptable to the Executive Director. The fees and expenses of any such consultants shall be payable solely from the Deposit and/or the proceeds of the Parity Bonds when and if they are issued by the Authority for the CFD. Section 6. The Executive Director, Treasurer, Secretary, legal counsel to the Authority and all other officers and agents of the Authority are hereby authorized and directed to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolution. .2. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 1 ih day of April, 2005. Jeff Comerchero, Chairperson ATTEST: Susan W. Jones, CMC City Clerk/Authority Secretary STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 05-_ was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority on the 12th day of April, 2005, by the following vote: AYES: NOES: ABSENT: BOARDMEMBERS: BOARDMEMBERS: BOARDMEMBERS: Susan W. Jones, CMC City Clerk/Authority Secretary .3. " . Quint & Thimmig LLP 3/14/05 3/29/05 DEPOSIT/REIMBURSEMENT AGREEMENT TemecuIa Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Special Tax Bonds, Series 2005-A THIS DEPOSIT/REIMBURSEMENT AGREEMENT (the "Agreement") is by and among the City of Temecula (the "City"), the Temecula Public Financing Authority (the "Authority") for itself and on behalf of the Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) (the "CFD"), and Lennar Homes of California, Inc. (the "Developer"). RECITALS: WHEREAS, the Board of Directors of the Authority has formed the CFD under the provisions of Section 53311 et seq. of the California Government Code (the "Act"), and on August 7, 2003, the Authority, for and on behalf of the CFD, issued $12,155,000 principal amount of Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Special Tax Bonds, Series 2003-A (the "2003 Bonds") pursuant to a Fiscal Agent Agreement, dated as of July 1, 2003 (the "Fiscal Agent Agreement"), between the Authority and U.S. Bank National Association, as fiscal agent; and WHEREAS, Section 2.14 of the Fiscal Agent Agreement allows for the issuance of Parity Bonds, as defined therein, to be secured on a parity with the 2003 Bonds under the Fiscal Agent Agreement; and WHEREAS, the Developer has requested that the Authority consider the issuance of Parity Bonds under the Fiscal Agent Agreement (the "2005 Bonds"); and WHEREAS, the Developer is willing to deposit funds with the City to ensure payment of the costs of the Authority and the City in connection with the issuance of the 2005 Bonds and the proposed expenditure of the proceeds thereof, provided that such funds so advanced are reimbursed to the Developer from the proceeds of the 2005 Bonds issued by the Authority for the CFD to the extent provided herein; and WHEREAS, the Authority and the Developer now desire to specify the terms of said deposit and reimbursement. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth herein, and for other consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. The Deposit: Additional Advances. The Developer is, concurrently with its execution of this Agreement, delivering to the City's Finance Director $50,000.00 (the "Deposit"), to be used by the City to pay the costs in conducting proceedings for the issuance of the 2005 Bonds (as more fully described in Section 2(a) below, the "Initial 20009.07IB032 Costs"), said amount being in the form of a check made payable to the "City of Temecula." The City, by its execution hereof, acknowledges receipt by the City of the Deposit. The check representing the Deposit will be cashed by the City, and the Deposit may be commingled with other funds of the City for purposes of investment and safekeeping, but the City shall at all times maintain records as to the expenditure of the Deposit. The Developer hereby agrees to advance any additional amounts necessary to pay any Initial Costs incurred by the City or the Authority, in excess of the amount of the Deposit, promptly upon written demand therefore by the Finance Director of the City; provided that the amount of the Deposit, plus any such additional amounts (the "Additional Deposits" and, collectively with the Deposit, the "Deposits"), shall not exceed $100,000 without the prior written consent of the Developer. Notwithstanding the foregoing, the City Manager may direct City and Authority staff and consultants to cease all work related to the issuance of the 2005 Bonds until any additional amounts so demanded have been received by the City. Section 2. Use of Funds. The Deposits shall be administered as follows: (a) The Finance Director of the City may draw upon the Deposits from time to time to pay the Initial Costs, including but not limited to: (i) the fees and expenses of any consultants to the City or the Authority employed in connection with the issuance of the 2005 Bonds and the proposed expenditure of the proceeds thereof (such as engineering, legal counsel, including the City Attorney, Bond Counsel and financing and special tax consultants); (ii) the costs of appraisals, market absorption and feasibility studies and other reports necessary or deemed advisable by City staff or consultants in connection with the 2005 Bonds; (iii) a reasonable charge for City staff time, as determined by the City Finance Director in her sole discretion, in analyzing the 2005 Bonds and the expenditure of the proceeds thereof, including a reasonable allocation of City overhead expense related thereto; and (iv) any and all other actual costs and expenses incurred by the City or the Authority with respect to the 2005 Bonds after the date of execution of this Agreement. The Developer hereby acknowledges that, at a minimum, the following amounts will or may be charged against the Deposits, whether or not the CFD is formed and the Bonds are issued: (i) up to $10,000.00 to Albert A. Webb Associates, special tax consultant, (ii) up to $20,000.00 to an appraiser, (iii) up to $10,000.00 for a market absorption analysis related to the 2005 Bonds, and (iv) up to $10,000.00 to the City for City Staff time in analyzing the 2005 Bonds and the expenditure of the proceeds thereof, including a reasonable allocation of City overhead expense related thereto, including all other actual costs and expenses incurred by the City. (h) If the 2005 Bonds are issued under the Fiscal Agent Agreement by the Authority, the Authority shall provide for reimbursement to the Developer, without interest, of all amounts charged against the Deposits, said reimbursement to be made solely from the proceeds of the 2005 Bonds and only to the extent otherwise permitted under the Act. On or within ten (10) business days after the date of issuance and delivery of the 2005 Bonds, the Finance Director of the City shall return the then unexpended Deposits to the Developer, without interest, less an amount equal to any costs incurred by the City or the Authority or that the City or the Authority is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above, but have not yet been so paid. (c) If the 2005 Bonds are not issued, the Finance Director of the City shall, within ten (10) business days after adoption of the resolution stating the intent of the Authority to terminate proceedings under the Act with respect to the issuance of the 2005 Bonds (or other action indicating the intent by the Authority not to issue the 2005 Bonds, such as the delivery of a certificate of the Executive Director of the Authority to that effect), return the -2- then unexpended Deposits to the Developer, without interest, less an amount equal to any costs incurred by the City or the Authority or that the City or the Authority is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above but have not yet been so paid. Section 3. Reimbursement of Other Developer Costs. Nothing contained herein shall prohibit reimbursement of other costs and expenses of the Developer or any successor in interest thereto with respect to the land in the CFD incurred in connection with the 2005 Bonds from the proceeds of the 2005 Bonds, including, but not limited to fees and expenses of legal counsel to the Developer and/or its successor in interest and special consultant expenses. Any such reimbursement shall be made solely from the proceeds of the 2005 Bonds and only to the extent otherwise permitted under the Act and otherwise provided for, at the reasonable discretion of the Authority, in the proceedings for the issuance of the 2005 Bonds. Section 4. Agreement Not Debt or Liability of City or Authority. It is hereby acknowledged and agreed that this Agreement is not a debt or liability of the City or the Authority, as provided in Section 53314.9(b) of the Act. Neither the City nor the Authority shall in any event be liable hereunder other than to return the unexpended and uncommitted portions of the Deposits as provided in Section 2 above and provide an accounting under Section 7 below. Neither the City nor the Authority shall be obligated to advance any of their own funds with respect to the CFD, the 2005 Bonds or for any of the other purposes listed in Section 2(a) hereof. No member of the City Council, the Board of Directors of the Authority or officer, employee or agent of the City or the Authority shall to any extent be personally liable hereunder. Section 5. No Obligation to Issue 2005 Bonds. The provisions of this Agreement shall in no way obligate the City or the Authority to issue the 2005 Bonds, or to expend any of their own funds in connection with the CFD or the proposed issuance of the 2005 Bonds. Section 6. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. Section 7. Accounting. The City Finance Director shall provide the Developer with a written accounting of moneys expended under this Agreement, within ten (10) business days of receipt by the Finance Director of the City of a written request therefor submitted by an authorized officer of the Developer. No more than one accounting will be provided in any calendar month and the cost of providing the accounting shall be charged to the Deposits. Section 8. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. -3- Section 9. CounteI:Parts. This Agreement may be executed in counterparts, each of which shall be deemed an original. .. .. .. .. .. II- .. .. IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year written alongside their signature line below. Executed on: April2Q, 2005 DEVELOPER: LENNAR HOMES OF CALIFORNIA, INC. BY:\C-- ~ 5=:c , Its: \he.6 '?\Z.~''i::lEN-r Executed on: April ~ 2005 CITY: CITY OF TEMECULA By: City Manager Executed on: April ~ 2005 AUTHORITY: TEMECULA PUBLIC FINANCING AUTHORITY, for itself and on behalf of the proposed Temecula Public Financing Authority Community Facilities District 03-1 (Crowne Hill) By: Executive Director 20009.07:J8032 -4- ITEM 11 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: Fity Manager/City Council t\J1ANilliam G. Hughes, Director of Public Works/City Engineer DATE: April 12, 2005 SUBJECT: Vacation of a Portion of an Unnamed Alley Located between Second Street and Third Street east of Old Town Front Street as shown on Block 18 of Town Site of Temecula (Old Town) PREPARED BY: f{tRonald J. Parks, Deputy Director of Public Works ~teve Charette, Associate Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA VACATING A PORTION OF AN UNNAMED ALLEY LOCATED BETWEEN SECOND STREET AND THIRD STREET AS SHOWN ON BLOCK 18 OF TOWN SITE OF TEMECULA IN THE CITY OF TEMECULA, STATE OF CALIFORNIA BACKGROUND: On March 2, 2005 the City of Temecula Planning Commission approved Planning Application PA04-023, a Development Plan to redevelop the Butterfield Square commercial site. The proposed redevelopment includes a commercial shopping center consisting of seven buildings totaling approximately 9,400 square feet. The site is located at the southeast corner of Old Town Front Street and Third Street, known as Assessor Parcel Nos. 922.043-005, 922-043-006, and 922-043-007. Condition of Approval No. 22 of said Planning Application PA 04-023 requires that the public alley located along the southern project boundary shall be vacated prior to issuance of a building permit. Staff has received property owner authorization to vacate said portion of unnamed alley as depicted on Exhibits "A" and "B". Pursuant to the requirements of the Streets and Highways Code, the City may vacate its interests in identified public right of way if the City finds that such a vacation conforms to the General Plan; that the streets in question are no longer necessary for present or prospective public use due to having minimal affect on the circulation element, and not denying access to any parcels. The Planning Commission has considered the General Plan and finds that the vacation of the alley is consistent with the General Plan in that the existing grid street pattern surrounding the site provides adequate circulation without the alley. The unnamed alley to be vacated is described and depicted on Exhibits "A" and "B" which are attached to this report. 1 R:\AGENDA REPORTS\2005\041205\Butterfield Square.Alley Vacation.doc On March 22, 2005, the Council adopted Resolution No. 05-34 initiating a proceeding to vacate said portion of unnamed alley. The Resolution indicated that a public hearing would be held on April 12, 2005 at 7:00 p.m. at City Hall to consider the alley vacation and that the public could address the issue of the proposed vacation at that hearing. Notices of the April 12, 2005 were posted conspicuously at the alley location beginning March 28, 2005. In addition, the notice was published in a newspaper of general circulation on March 28 and April 4, 2005. Necessary access to public utility, service, and drainage facilities for the purposes of constructing, placing, operating, inspecting, maintaining, repairing, replacing, and removing such underground facilities will be provided by reserving easements for these purposes as provided under Section 8340 of the Streets and Highways Code. Staff recommends that the City Council adopt Resolution No. 05-_, finding that the proposed vacation of said alley is no longer necessary for present or prospective public use, or bicycle or pedestrian use. The General Plan designates sufficient other streets and right-of-way in the area for such uses. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution No. 05-_ with Exhibits "A" and "B" 2 R:\AGENDA REPORTS\2005\041205\Butterfield Square.Alley Vacation.doc RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA VACATING A PORTION OF AN UNNAMED ALLEY LOCATED BETWEEN SECOND STREET AND THIRD STREET AS SHOWN ON BLOCK 18 OF TOWN SITE OF TEMECULA IN THE CITY OF TEMECULA, STATE OF CALIFORNIA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: WHEREAS, pursuant to Street and Highway Code Section 8321, a petition has been filed with the City Council of the City of Temecula, State of California, requesting the general vacation of a portion of an unnamed alley located between Second Street and Third Street east of Old Town Front Street as a requirement of Planning Application PA04-023 for the redevelopment of the Butterfield Square commercial site. Said portion of unnamed alley to be vacated is more particularly described and depicted on Exhibits "A" and "B", attached hereto and made a part hereof by this reference; and, WHEREAS, the City Council has considered the General Plan of Temecula and finds that the vacation of said alley is consistent with the General Plan; and, WHEREAS, on March 22, 2005, the City Council of the City of Temecula duly and regularly adopted Resolution No. 05-34, giving notice of intention to vacate said alley; and, WHEREAS, Resolution No. 05-34, has been duly published, posted and mailed pursuant to the provisions of the Streets and Highways Code; and, WHEREAS, a public hearing has been conducted and the City Council of the City of Temecula has heard all the evidence offered by all persons interested in the matter; and, WHEREAS, the City Council of the City of Temecula has determined that the alley portion described herein is excess right-of-way and unnecessary for public purposes, and present or prospective public use; now therefore, BE IT HEREBY RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Temecula, State of California, in regular session on April 12, 2005, that pursuant to Section 8334(a) of the Streets and Highways Code the City of Temecula hereby vacates said unnamed alley more particularly described and depicted on Exhibits "A" and "B", and attached hereto and incorporated herein as though set forth in full. EXCEPTING AND RESERVING FROM SAID VACATION an easement for any existing public utilities and public service facilities, together with the right to maintain, operate, replace, remove, or renew such facilities, pursuant to Section 8340 of the Streets and Highways Code. BE IT FURTHER RESOLVED, DETERMINED AND ORDERED that the City Clerk shall cause a certified copy of this resolution to be recorded in the Office of the Recorder of Riverside County, California. The City Clerk shall certify the adoption of this resolution and shall cause a certified copy of the Resolution to be recorded pursuant to Streets and Highways Code Section 8336. 3 R:IAGENOA REPORTS\2005\041205\Butterfield Square.Alley Vacation.doc PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 12th day of April, 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC/AAE, City Clerk (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC/AAE, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 05-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 12th day of April 2005, by the following vote: AYES: o COUNCILMEMBERS: NOES: o COUNCILMEMBERS: ABSENT: o COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk 4 R:\AGENDA REPORTS\2005\041205\Butterfield Square.Alley Vacation.doc EXHIBIT "A" VACATION BEING A STRIP OF LAND IN SECTION 12, TOWNSHIP 8 SOUTH, RANGE 3 WEST, AS SHOWN ON BLOCK 18, OF THE TOWN SITE OF TEMECULA MAP, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MAP RECORDED IN BOOK 15, PAGE 726, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 16 AS SHOWN ON SAID BLOCK 18, SAID POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF MERCEDES STREET AS SHOWN ON SAID MAP; THENCE LEAVING SAID RIGHT OF WAY LINE, SOUTH 44028'19" WEST, A DISTANCE OF 250.28 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE NORTHWESTERLY CORNER OF LOT 6 OF SAID MAP; THENCE CONTINUING SOUTH 44028'19" WEST, A DISTANCE OF 160.00 FEET TO A LINE PARALLEL WITH AND 30.00 FEET NORTHEASTERLY OF THE CENTERLINE OF FRONT STREET AS IT NOW EXISTS; THENCE ALONG SAID PARALLEL LINE NORTH 45029'25" WEST, A DISTANCE OF 20.00 FEET TO A POINT ON SAID LINE OF FRONT STREET; THENCE LEAVING SAID LINE, NORTH 44028'19" EAST, A DISTANCE OF 160.18 FEET; THENCE SOUTH 45031'46" EAST A DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING THE ABOVE DESCRIBED PORTION OF LAND CONTAINS 0.19 ACRES, MORE OR LESS AS SHOWN ON EXHIBIT "B" ATTACHED HERETO MADE A PART HERE OF. IOFl EXHIBIT "B" SITE VICINITY MAP NOT TO SCALE '<f: ~~ ~\) '\'~ ~~ :0 ,,~ ~.?> .p~ <t>.?> " GRAPHIC SCALE 0 40 80 I I I ( IN FEET ) , 1 inch = 60 ft. D' I ., DENNIS JANDA, INC. 2 27 04 ! ftrIl MAPPING/SURVEYING SERVICES DATE - - 41934 MAIN STREET, #206 PH: (951) 676.7720 TEMECULA, CA 92690 FAX: (961) 699-5912 DRAWN 6Y RK EMAlL: dennlsJanda@verizon.net SHEET 1 OF 1 W.O. # SM-03-074 VACATION EXHIBIT ITEM 12 ITEM 13 /' APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council rv1~i1liam G. Hughes, Director of Public Works/City Engineer DATE: April 12, 2005 SUBJECT: Vacation of All Interior Streets and Certain Drainage Easements within Tract No. 26941 (Crowne Hill- The Reserve) PREPARED BY: WRonald J. Parks, Deputy Director of Public Works wteve Charette, Associate Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA VACATING LOT "A" (WOLFE STREET), LOT "B" (SUSAN GRACE COURT) AND LOT "C" (MUSILEK PLACE) AND CERTAIN DRAINAGE EASEMENTS OF TRACT NO. 26941 IN THE CITY OF TEMECULA, STATE OF CALIFORNIA, AS SHOWN ON ATTACHED EXHIBITS BACKGROUND: The City Council approved Tract Map No. 26941 on June 24, 2003, including acceptance of offers of dedication for street purposes, said offers including Wolfe Street, Susan Grace Court, and Musilek Place along with certain drainage easements within said tract. On August 6, 2003 Tract Map No. 26941 was recorded by the County of Riverside Recorder's Office. Subsequent to recordation of the map, the developer submitted a formal request to the City to vacate all interior streets within the tract in order to develop a gated subdivision with private streets. Two gated entryways will be installed, one each at the east and west ends of Wolfe Street in relative proximity to the intersections of Old Kent Road and Crowne Hill Drive, respectively. Certain public drainage easements within the Tract that collect local street drainage will also be vacated. Three drainage easements will be reserved for City use for the purpose of accessing storm drain pipe outlets originating offsite. Grading for the Tract has been completed and the street, drainage and utility improvements have been installed per City Public Street Standards. The developer has recorded CC&R's which state that the maintenance of the interior streets and drainage facilities will become the responsibility of the Homeowner's Association once the streets are vacated. R:IAGENDA REPORTS\2005\041205\TM26941. Vacation. doc Pursuant to the requirements of the Streets and Highways Code, the City may vacate its interests in identified streets if the City finds that such a vacation conforms to the General Plan; that the streets in question are no longer necessary for present or prospective public use; and that the streets in question would not be useful for bicycle or pedestrian use. The Planning Commission has considered the General Plan and finds that the vacation of the interior streets for the Tract is consistent with The General Plan. The General Plan designates sufficient other streets and right-of-way in the area for public use including bicycle and pedestrian use. In addition, no property would be "landlocked" by this proposal. On March 22, 2005, the Council adopted Resolution No. 05-33 initiating a proceeding to vacate Wolfe Street, Susan Grace Court, and Musilek Place along with certain drainage easements within said tract. The Resolution indicated that a public hearing would be held on April 12, 2005 at 7:00 p.m. at City Hall to consider the street and easement vacations and that the public could address the issue of the street and easement vacations at that hearing. Notices of the April 12, 2005 were posted conspicuously along the three streets and easements proposed to be vacated beginning March 28, 2005. The notices were posted no more than 300 feet apart and at least three notices were posted. In addition, the notice was published in a newspaper of general circulation on March 28 and April 4, 2005. The streets and easements within Tract No. 26941 to be vacated are described and depicted on Exhibits "A" through "D", inclusive, which are attached to this report. Necessary access to public utility, service, and drainage facilities for the purposes of constructing, placing, operating, inspecting, maintaining, repairing, replacing, and removing such underground facilities will be provided by reserving easements for these purposes as provided under Section 8340 of the Streets and Highways Code. Staff recommends that the City Council adopt Resolution No. 05-_, finding that the proposed vacation of the streets and drainage easements in question are no longer necessary for present or prospective public use, or bicycle or pedestrian use. The General Plan designates sufficient other streets and right-of-way in the area for such uses. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution No. 05-_ with Exhibits "A" through "D", inclusive 2. Vicinity Map 2 R:\AGENDA REPORTS\2005\041205\TM26941. Vacation.doc RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA VACATING LOT "A" (WOLFE STREET), LOT "B" (SUSAN GRACE COURT) AND LOT "C" (MUSILEK PLACE) AND CERTAIN DRAINAGE EASEMENTS OF TRACT NO. 26941 IN THE CITY OF TEMECULA, STATE OF CALIFORNIA, AS SHOWN ON ATTACHED EXHIBITS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: WHEREAS, pursuant to Street and Highway Code Section 8321, a petition has been filed with the City Council of the City of Temecula, State of California, requesting the general vacation of the interior streets and drainage easements within Tract Map No. 26941 for the purpose of establishing a gated community with privately maintained streets and drainage facilities; and, WHEREAS, The streets and drainage easements to be vacated are Lot "A" (Wolfe Street), Lot "8" (Susan Grace Court) and Lot "C" (Musilek Place) and certain drainage easements within Tract No. 26941 more particularly described and depicted on Exhibits "A" through "0", inclusive, attached hereto and made a part hereof by this reference; and, WHEREAS, the City Council has considered the General Plan of Temecula and finds that the vacation of said streets is consistent with the General Plan; and, WHEREAS, a Declaration of Covenants, Conditions and Restrictions (CC&R's) has been recorded which state that the Homeowners Association will be responsible for the maintenance of said streets and drainage improvements; and, WHEREAS, on March 22, 2005, the City Council of the City of Temecula duly and regularly adopted Resolution No. 05-33, giving notice of intention to vacate said streets and drainage easements; and, WHEREAS, Resolution No. 05-33, has been duly published, posted and mailed pursuant to the provisions of the Streets and Highways Code; and, WHEREAS, a public hearing has been conducted and the City Council of the City of Temecula has heard all the evidence offered by all persons interested in the matter; and, WHEREAS, the City Council of the City of Temecula has determined that the streets described herein is excess right-of-way and unnecessary for public purposes, and present or prospective public use; now therefore, BE IT HEREBY RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Temecula, State of California, in regular session on April 12, 2005, that pursuant to Section 8334(a) of the Streets and Highways Code the City of Temecula hereby vacates Lot "A" (Wolfe Street), Lot "8" (Susan Grace Court) and Lot "C" (Musilek Place) and certain drainage easements within Tract No. 26941 more particularly described and depicted on Exhibits "A" through "0", inclusive, and attached hereto and incorporated herein as though set forth in full. 3 R:\AGENOA REPORTS\2005\041205\ TM26941. Vacation. doc EXCEPTING AND RESERVING FROM SAID VACATION an easement for any existing public utilities and public service facilities, together with the right to maintain, operate, replace, remove, or renew such facilities, pursuant to Section 8340 of the Streets and Highways Code. BE IT FURTHER RESOLVED, DETERMINED AND ORDERED that the City Clerk shall cause a certified copy of this resolution to be recorded in the Office of the Recorder of Riverside County, California. The City Clerk shall certify the adoption of this resolution and shall cause a certified copy of the Resolution to be recorded pursuant to Streets and Highways Code Section 8336. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 12th day of April, 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC/AAE, City Clerk (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC/AAE, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 05-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 12th day of April 2005, by the following vote: AYES: o COUNCILMEMBERS: NOES: o COUNCILMEMBERS: ABSENT: o COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk 4 R:IAGENOA REPORTS\2005\041205\TM26941. Vacation. doc EXHIBIT "A" Lots A, B, and C of Tract No. 26941 as shown by map on file in Book 340 of Maps, Pages 1 through 11, inclusive thereof, Records of Riverside, County, State of California. Said Lots also being in the City of Ternecula, County of Riverside, California. Exhibit "B" attached hereto and by this reference made apart thereof. /-:-.;:::';;:;---/\ Nn-<:~~-"" ;'''.' '0 c." .. ,J! '\. l-;/fJ:"~~{iM7i11~:'1I;:\\ II .<:' -:-:> /0' -~~~\ ~ If -__J ) _ </\ :)_11 II ( Ii" 76A.l ! )1 t3 ~\U\ hp,I?'N4 '-{Ii '" u~,\./," ;J Jeffr y M. Barnes, PLS 7663, Exp. 12-31-04 Date~:t Or rl\\~\\S:/ '~""::--.. ' ~"'-" -- -- IW Consulting Engineers, Inc. 3544 University Ave. - Riverside, CA 92501 - Ph: (909) 687-2929 - Fax: (909) 687.2999 . www.iwcei.com ~ ;: l!> .., i ~^ ^~^^^^^ I ~~;:~i~ii~~~~;;;i~~~:~~~~~~~:~;~~~~~::~~~~:~~~~~ i.iii.,. i. ;;R;;;;;;;;;;; R~8i8R~i ~~ Ri~U8BBRARB~~~08 sa~~.!i. DD 6i~."i8i.8ii~g!i ! ~g~ IIIII1I 1111111~ l~ I ~gllll I t IIIII11II 1111 I IIII II 11111 II r II t I II II II I r II t IIII ~ r fill 'n .9 . . i : ~'!~~k~'~~'~~"~~R~8~:'G~~,~tG~t~'~'6'~~"~"~~~kkk'k~'~~~rt'~k~ht'~~t~~~~s~~~ i M~a~i:M~~"R~iM"~~M~=~ni~~R~";~"~&ft~~~A~SSft~!~~8~~8A8~~a~~~8i8R~~~it';'8~ft~8~" I !~Ri~iiie~~~e,iii~i~iRiiiiiiiiiiiiiiiiiiiviiiw~~~iiiiii~iiiiiit~i~~iii~i~~iis! .. I ~ I~I~ B ~ .1,- Q) ,al: l!> c..o B1 i ~ II. l;; N a!d fla ~ .1;lf : 0 ~~lii 1k:1.~ IdW~ II!; ~ ~ z i=U~! .. . ad:~ 11 . I~:g ~ I- hil l!> U<( :IJ.: ~ e~i~~ u n:: 51~~g ~ I- ..!~2a z IB'.~ - 1Il~&bt:i ~ a' ~ I ~ oW I~ I ~~ ~ ~~ ~ ~Q ci z ~ !i~ t- I ~ ~ I 0 L m I 1') N - - -It- ;:, ~ : ---~ ;~&!~ ~ -- ili ::l a; ~ T ~ "- a; N a! "0 " is n: Ul ~;~ fi: ;~; ill '- f- :;: :I: c <.< ',.:.:.. ;:: .., ... ;:j ::i :.. t.. ~~~ i~~ i~! lil ,.. ., ~~i ,;: i:; .:. ~~; t-_ I ai t :Ii ~ ~ . Q W ~ (.) ~ w m o l- I/) I- W w D:: l- I/) '" '" = ~ ~ ~ """ = ~ r.oil Ii ~I ~~ :1 "! i. ~~ Il~ ~h " - iii. ~n EXHIBIT "C" Access and drainage easements designated as "A" and located within Lots 1,3,6,8, 12, 14, 15,18, 19,21,24,25 and 27 of Tract No. 26941 in the City of Temecula, all as shown by map on file in Book 340 of Maps pages 1 through 11, inclusive, thereof, Records of Riverside, County, State of California. Excepting those portions of Lots 24 and 25 of Tract 26941 more particularly described as follows and as shown on Exhibit D attached; PARCEL 1 A strip ofland 20.00 feet in width, lying 10.00 feet on each side of the following described centerline: Commencing at the southeasterly comer of said Lot 24, said point also being the northeasterly comer of said Lot 25 and on the right of way of Susan Grace Court as shown on said Map. Said point also being in a curve, concave to the northeast, having a radius of 48.00 feet, from which the radius point bears North 88049'46" East; Thence northwesterly along said right of way and said curve, to the right, through a central angle of 19050'57", an arc distance of 16.63 feet to the TRUE POINT OF BEGINNING; Thence North 83003'03" West, a distance of 36.03 feet to the beginning ofa non.tangent curve, concave to the southeast, having a radius of 170.00 feet and from which the radius point bears South 0025'34" East; Thence Southwesterly along said curve, to the left, through a central angle of28019'14", an arc distance of 84.03 feet; Thence South 61015'12" West, a distance of 79.77 feet to the beginning ofa non-tangent curve, concave to the southeast, having a radius of290.00 feet, from which the radius point bears South 44053'50" East; Thence Southwesterly along said curve, to the left, through a central angle of 12002'33", an arc distance of 60.95 feet; Thence South 33003'37" West, a distance ofl8.25 feet to the beginning of a non-tangent curve, concave to the southeast, having a radius of 675.36 feet, from which the radius point bears South 43047'09" East; Thence Southwesterly along said curve, to the left, through a central angle of 1015'04", an arc distance of 14.75 feet to the beginning of a non-tangent curve, concave to the southeast, having a radius of 1 02.50 feet, from which the radius point bears South 32058'10" East; Thence Southwesterly along said curve, to the left, through a central angle of 19037'33", an arc length of35.11 feet to the beginning ofa reverse curve having a radius of73.50 feet; Thence Southwesterly along said curve, to the right, through a central angle of24056'1O", an arc distance of 31.99 feet to the beginning of a reverse curve having a radius of 126.50 feet; Thence Southwesterly along said curve, to the left, through a central angel of31 043'46", an arc distance of 70.05 feet; lW Consulting Engineers, Inc. 3544 University Ave. - Riverside, CA 92501 - Ph: (909) 687-2929 - Fax: (909) 687-2999 - www.iwcei.com Thence South 30036'41" West, a distance of 10.77 feet to a point hereinafter referred to as Point "A" and the end thereof. At the beginning of said centerline description, the side lines of said strip of land shall be extended or shortened to intersect the right of way of Susan Grace Court. PARCEL 2 A strip ofland 46.00 feet in width, lying 23.00 feet on each side ofthe following described centerline: Beginning at Point "A" hereinabove referred to; Thence South 30036'41" West, a distance of21.00 feet to a point hereinafter referred to as Point "B" and the end thereof. PARCEL 3 Beginning at Point "B" hereinabove referred to; Thence North 59023'19" West, a distance of24.00 feet; Thence South 30018'30" West, a distance of83.90 feet; to a point on the south line of said Lot 25; Thence South 62001'40" East along said south line, a distance of22.73 feet; to an angle point therein; Thence South 60022'10" East continuing along said south line, a distance of 7.29 feet; Thence North 30027'01" East, a distance of 82.73 feet; Thence North 59023'19" West, a distance of 6.21 feet to the point of beginning. Exhibit "D" attached hereto and by this reference made apart thereof. <~;~~:c-=-.,--=--~ /?" \ 'I\ITI ~ j:-''''0 _li,!Lr \'I':~ / (\, _______.."r:(p l''''./' '0> ", R ;.,' I~ f ,~J (,,'-. . "-9"~;.:c , II '__'{i!.-.'i f'^ (::::- \\ '( , , ,j' ", \ I -, I 7" I ~Io, , hb3 ,\ ~ 1:, \\ hI" 11.1'-04 ) 1\ /1 ~,,j"" - .,1/ .".- " ./ .);:-. Y//'~---<'f}"/ .;, iJf [,\\ \.. /;C"' ~~"'':c:,-,::__ _.~_~~__~;O";;-~/ Jeffre M. Barnes, PLS 7663, Exp. 12-31-0 IW Consulting Engineers, Inc. 3544 University Ave. - Riverside, CA 92501 - Ph: (909) 687-2929 - Fax: (909) 687-2999 - www.iwcei.com LOT J 9 N 83"OJ'03" W 36.03' LOT 23 P/L N 6175'12" E 79.77' LOT 24 ~ N 33"OJ'3?" E , , ffi$ ),~ ........ I Y 'k":oZ~OARY / 25 I.... Y / 25..../ I Jj' / 24 I-;;C.i IVO / 23 22 I ./1>7.8 I ", .23 J . 313 .43-.."::>' ~ ~ I "/"'7 ~ . ~ 1-"80 I ~~ '~'I !:>N ~~ ~C\J t;;)" '" ~ R=73.50' L=31.99' 6=24"56'10" T=16.25' LOT 25 N 30"36'41" E 10.77' 26 I I ...... ...... "7 N 59"23'19" W 6.21' N 30"27'01" E 82.73' - 20 I I I - ~I--I 19 I 18 I 17 I 15 I I I I I VICINITY MAP NOT TO SCAlI . I W Consulting Engineers, Inc. I. Civil Engineering . Surveying . land Planning 3544 University Avenue Tel: 951.687.2929 Riverside, CA 92501 Fox: 951.687.2999 Drawing: G: \ 170.004 \Final\Exhibils \CLIENT\RfCORD\PLA T\ Il0004-[XH_fSMTS.dwg w.a 170.004 BY: F.,. TRACT NO, 26941 - LOT 24 & 25 DATE: 3/23/04 DRAINAGE ACCESS EASEMENT PLA T SCALE: I" = 100' IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE PACE: 2 OF 2 EXHIBIT "n" Last Saved: Fri Aug 06, 2004 - 1:58pm Last Plotfed: rrj Aug 06, 2004 - 1:59pm W I- ....... (f) I- U W J o 0:::: 0.... 3El\flS 2 ~ 6- '0 ~ - ::;; < a:: < - > < m => < a.. P-t 0 <tl ~ ~ w ... -.J 'i, ~ <>: '" u (/l E-t Vl """" 0 ROAD 0 Z I- (!) w """" I- - U 0 0 z z !> < V1 0 >- .' -:,---' ITEM NO. 13 (Previously distributed on 4-6-05) APPROVAL,~ CITY ATTORNEY 10f'~ DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT FROM: City Manager/c;p9iuncil Debbie Ubnoske, Director of Planning TO: DATE: April 12, 2005 SUBJECT: General Plan Update PREPARED BY: David Hogan, Principal Planner RECOMMENDATION: That the City Council: 1. Conduct the Public Hearing on the Draft Land Use, Open Space Conservation, Growth ManagemenVPublic Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the General Plan and the Draft Environmental Impact Report related to these Elements; 2. Adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE COMPREHENSIVE UPDATE OF THE GENERAL PLAN 3. Adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE COMPREHENSIVE UPDATE OF THE GENERAL PLAN R:IGeneral PlanlComp Plan UpdalelStaff Report CC2.doc 1 BACKGROUND: The City hired Cotton/Bridges Associates to assist in updating the General Plan. Since this process began, the Council appointed the Community Advisory Committee (CAC) to work with the staff and the consultant. The CAC completed its work efforts in mid-2004. Their recommended Plan was then presented to the City Council and Planning Commission at a joint workshop on August 10, 2004, where additional direction was provided. This public review draft of the updated General Plan incorporates the supplemental direction provided by the Commission and Council at the August 10'h Workshop. The draft updated General Plan was also presented to the Community Services and Traffic Safety Commissions for their review and comment. The public review draft of the updated General Plan incorporates all previous comments on the earlier versions of the document. Copies of the public hearing draft of the updated General Plan and the Draft Environmental Impact Report were provided to the Planning Commission in early January, 2005. A copy of the Final EIR document was provided to the City Council the beginning of this month. The original City General Plan was adopted in November, 1993. This updated General Plan continues the overall policy direction identified in the City's original 1993 General Plan. Most of the changes in the updated Plan represent shifts in format as well as minor text clean-ups. The most common clean-up items include: the incorporation of changed facts and circumstances, a more careful delineation of goal and policy statements and implementation measures, and updating the implementation program for each element. New policy areas include: identification of rural preservation areas, expansion of the planning area into wine country, and identification of future mixed use development in some of the City's older commercial and industrial areas. The updated Plan also incorporates new arterial roadways identified in the recently approved Riverside County Integrated Plan. Recent changes to State Planning and Zoning Law that went into effect March 1, 2005 require local governments to consult with local designated Indian tribes when updates to the General Plan are considered. To meet this requirement in advance of the Legislatures deadline, representatives from the City Attorney's Office and the Planning Department meet with representatives of the Pechanga Band in January of 2005. The result of this meeting is a recommendation to include two additional policy statements and one new implementation measure in the Open Space/Conservation Element. The Planning Commission considered the Circulation Element of the General Plan on February 2, 2005. The other Elements of the General Plan were considered by the Planning Commission on March 16, 2005. The Council previously considered the Circulation Element and the circulation-related parts of the Environmental Impact Report at its March 22, 2005 meeting. The remaining Elements of the General Plan and the remainder of the Environmental Impact Report will be discussed at this meeting. A copy of the Planning Commission Resolution recommending that the City Council approve the General Plan is contained in Attachment No.3. The minutes from the Planning Commission meetings are contained in Attachment NO.4. The recommendations presented to the City Council at the March 22 and April 12, 2005 meetings represent the direction provided by the Planning Commission. Some of the Commission's recommended changes include minor factual updates and corrections. The changes to each Element will be highlighted in the staff report. The list of recommended changes to the Public Review Draft of the General Plan are contained in Attachment NO.5. These include the City Council's modifications to the Circulation Element and the Planning Commission's recommended changes to the other Elements of the General Plan. Letter relating to non.circulation issues are contained in Attachment NO.1 0 R:\General Plan\Comp Plan Update\Staff Report CC2.doc 2 Land Use Element The primary changes in the Land Use Element are the inclusion of discussions for Mixed Use Development, Rural Preservation Areas, and several new land use designations. The Mixed Use provisions are expected to provide additional opportunities to revitalize some older areas of the City and to help meet the City's Housing Element goals. Goal 2, Encouraging Mixed Use, provides the framework for future mixed use projects. The Rural Preservation discussion is intended to identify areas that need to stay rural to protect the character and quality of life in the area. Goal 3, Preserving Rural Areas, discusses how these areas should be protected. The direction provided by the remaining Goals and Policies remains the same. Much of the southern and eastern Planning Areas are included within Rural Preservation Areas. The General Plan Update proposes several new Land Use Designations to respond to changes in the City and the Planning Area. The new Land Use Designations are as follows: . The Rural Residential Designation would establish a 5 acre minimum lot size. This new designation is intended primarily to help maintain lower density development in more rural areas in and around the City. Much of the eastern Rural Preservation Area is proposed to receive this designation. . The Vineyards/Agriculture Designation is intended to identify areas used for agriculture in the Planning Area. The General Plan currently has no way of designating areas for long term agricultural use. This new designation is proposed for many areas in the Eastern and Southern Rural Preservation Area. . The Tribal Trust Lands Designation is proposed for properties that have been designated as lands held in trust for the Pechanga Band by the Federal Government. These areas have important economic and environmental impacts on the City. By identifying them as Tribal Trust Lands, it is the City's goal to recognize tribal sovereignty while indicating the City's interest in cooperating with the Pechanga Band in these areas. At this time, all tribally owned properties are located in the southern portion of the City and Planning Area. . A Recreation Commercial Overlay for golf courses, resorts, as well as, RV resorts and campground facilities. This would be used as an overlay on areas designated Open Space to indicate that non-open space accessory commercial uses are envisioned to occur in these areas. This change is being suggested because the current Open Space Designation does not adequately address resort types of open space uses. A good example of a recreational commercial project is the Temecula Creek Inn. While there are resort uses within the project, most of the site is used for open space purposes. Land Use Map The most significant change to the Land Use Map is the expansion of the Planning Area east toward Anza Road. This was undertaken in an effort to begin protecting this area from the encroachment of urban land uses. In conjunction with this, the General Plan identifies several Rural Preservation Areas. The Eastern and Southern Rural Preservation Areas are located within this expanded Planning Area. Most of these areas are proposed to be designated as Vineyard/Agriculture and Rural Residential. An exception to this is along part of Calle Contento where the existing 2Y2 acre lots would be designated as Very Low Density Residential. R:\General Plan\Comp Plan Update\Slaff Report CC2.doc 3 Another major change to the Land Use Map is in the French Valley area. Since the initial adoption of the City General Plan. the County made many land use changes without notifying the City. As a result. the City General Plan bore little resemblance to the land use pattern being developed in this area. In modifying the Land Use Map in the French Valley, a great deal of effort was spent trying to work within the context of the granted entitlements to ensure the creation of a desirable and livable urban area. In addition to the proposed Land Use Map and the additional change requests that the City has received, there is one more possible change to the Land Use Map that could occur later this year. In 2003, the Corona Family filed a lawsuit against the City over changes that were made to the Paloma Del Sol Specific Plan. At this time, it appears that the City will prevail in this legal challenge. As a result, when these legal proceedings have concluded, the previously approved changes to the Land Use Map will be restored to the General Plan Land Use Map. These changes are not in conflict with the current General Plan proposal. The previously approved changes are located at the southwest corner of Butterfield Stage and Pauba Roads and off of Via Campanula near Paloma Del Sol Park. Land Use Map Chanqe Requests To date, 18 land use requests have been submitted by various property owners. Fourteen of these requests were considered by the Community Advisory Committee (CAC). The other four requests were submitted ailer the CAC completed its recommendation on the updated General Plan. For the most part, both the Community Advisory Committee and Planning Commission agreed on the majority of the requests. Both groups recommended approval of four of the requests and recommended that eight of the requests not be included in the Plan. Among the non-supported requests are those in the Nicolas Valley area and near the proposed Temecula Education Project. It was felt that the requests in these areas were premature and should not be included in the General Plan. In addition, one request was withdrawn and another was approved by the City Council in January of 2005. A summary of the recommended actions is shown in the following table. Descriptions and recommendations for each request begin on the following page. LAND USE REQUEST - RECOMMENDATION SUMMARY LAND USE REQUEST RECOMMENDATION REQUEST NUMBERS Include on the Land Use Map Not include on the Land Use Map Nicolas Valley Deferral Temecula Education Project Deferral 1.2,3,7,10.17 ~ 11, 1~ 1~ 1~ 18 4,5 8,9 Requests in the Nicolas Valley area are being recommended for deferral because of the uncertainty over the final resolution of the unpaved access issue and the timing of the Roripaugh Ranch infrastructure improvements. This situation is complicated by a lack of any community consensus about what this area should be like in the future. As a result, it is felt that no changes should be made in this area until ailer these other issues are resolved so that the local residents can better understand what is going on around them. R:IGeneral PlanlComp Plan UpdatelStaff Report CC2.doc 4 Requests near the Temecula Education Project are also being recommended for deferral because of the uncertainty over the timing and ultimate outcome of the Education Project. If the Education Project is highly successful, locating additional non.industrial land uses may be appropriate. However, until the project is in operation, it will be difficult to accurately evaluate the appropriateness of these requests. As a result, they have not been incorporated into the updated General Plan. Following is a brief discussion of the remaining requests. Location maps for the various requests are contained in Attachment NO.7. Request No. 1 is for a five acre sliver of property on the east side of Margarita Road. The parcel is left over from the construction of the Santa Gertrudis Creek Channel improvements. A small part of the site is potentially developable. The request to change from Public Institutional to Professional Office is being recommended by both the CAC and Planning Commission. Request NO.2 is for 72 acres at the corner of Nicolas Road and Via Lobo. The initial request to change from Very Low Density to Low Density was not supported by the CAC. However, the Planning Commission is recommending a split designation with Low Density on the northern half and Open Space on the southern portion of the site with a requirement for a planned development overlay. Request NO.3 is for nine acres at the corner of Margarita Road and Solana Way. The request to change from Medium Density to a combination of Professional Office and Open Space is being recommended by both the CAC and Planning Commission. Development on the site is partially constrained by the stream channel that crosses the site. Request NO.4 is for a 22 acre site between Butterfield Stage Road and Walcott Lane. The site is located in the Nicolas Valley area. The request to change from Very Low Density to Low Density (half.acre lots) was not supported. Request No.5 is for an 18 acre site on the south side of Nicolas Road between Calle Medusa and Calle Girasol. The site is located in the Nicolas Valley area. The request to change from Very Low Density to Low Medium Density was not supported. Request No.6 is for a narrow seven acre site south of Temecula Creek Village. The request is to change from Open Space to something developable. The request was not supported by the CAC and Planning Commission. However, the Commission supported the concept of incorporating the property into the Temecula Creek Village project for an appropriate open space use. Request No. 7 is for a 45 acre site on the north side of Loma Linda Road. The request is to change from Professional Office to a combination of Low Medium Density and Medium Density. The Low Medium Density designation would be on the eastern portion of the site adjacent to the existing single family homes. A project has been submitted to the City consistent with this concept. The project incorporates 20% affordable units for moderate incomes on the part of the site designated for Medium Density. The request was supported by the Community Advisory Committee. However the Planning Commission is recommending only Low Medium Density. Request NO.8 is for a 52 acre site west of the Temecula Education Project. The request is to change from Industrial Park to a combination of Community Commercial, Medium Density and High Density. This request near the Education Project is recommended for deferral and is not supported by the CAC and the Planning Commission. R:\General Plan\Comp Plan Updale\Staff Report CC2.doc 5 Request No.9 is for a 32 acre site southwest of the Temecula Education Project. The request is to change from Industrial Park to either Medium Density or High Density. This request near the Education Project is recommended for deferral and is not supported by the CAC and the Pianning Commission. Request No.1 0 is for an 18 acre site on the west side of Butterfield Stage Road. The request is to change from Very Low Density to a combination of Low Density and Low Medium Density. The site is located within the Margarita Village Specific Plan. The density identified in the Specific Plan for this area is actually Low Density Residential. The request is supported by both the CAC and Planning Commission. Request No. 11 is for three acres at the northwest corner of Margarita and Dartolo Roads. The request to change from Professional Office to Community Commercial was not supported by the CAC and Planning Commission. Request No. 12 was supported by the Community Advisory Committee and the Planning Commission and approved by the City Council in 2004. Request No. 13 is for the 305 acre Temecula Creek Inn property. The current designation on the site is Open Space with a Recreational Commercial Overlay. The request was to add Low Medium Density Residential and to specify a future specific plan overly containing single.family residential units. Neither the Community Advisory Committee nor the Planning Commission supported the request for some Low Medium Density Residential on some of their property. However, the Planning Commission did approve a small part of their request by including the area of Temecula Creek Inn as a future specific plan overlay area for any non resort-related uses. The Commission also recommended that an additional General Plan Amendment not be required for these non-resort uses. Request No. 14 is for a two acre site at the north east corner of Highway 79 South and Jedediah Smith Road. The request to change from Very Low Density to Professional Office was not supported by the CAC and Planning Commission. The following requests were submitted after the CAC provided its recommendation to the Planning Commission and City Council. Request No. 15 was withdrawn by the applicant from consideration. Request No. 16 is a request to change a six-acre site on the east side of Winchester Road at Rustic Glen from Neighborhood Commercial to Professional Office. According to the owner's representative, the purpose of this request is to develop a senior housing project. While the Commission supported the concept of a senior housing project, they were unwilling to recommend approval of the request without a specific project to consider. Request No. 17 is for a 3 acre site located at the southeast corner of Ynez Road and Tierra Vista. The request is to change the Land Use Designation from Professional Office to High Density Residential. However, the Planning Commission is recommending Medium Density. Request No. 18 is for a two acre site on Pauba Road west of the two Neighborhood Commercial properties. The request is to change from Very Low Density to Neighborhood Commercial and remove the property from the Chaparral Area. The Planning Commission did not support this request. R:\General Plan\Comp Plan Update\Staff Report CC2.doc 6 The draft General Plan Land Use Map Incorporates Request Nos. 1, 3, 7, and 10. The additional list of changes to the General Plan based upon the Planning Commission's deliberations includes Request Nos. 2 and 17, as well as the modifications to Request Nos. 7 and 10. An action summary for each request is contained in Attachment No.6. Copies of all the land use request correspondence is included in Attachment NO.8. Other Recommended Chanqes In addition to the previously discussed changes to the Land Use Designations and the Land Use Map, the following additional changes are also proposed to the Land Use Element. . Adjusting the allowable development potential in the Vineyard/Agriculture Designation to 0.0 to 0.2 dwelling units/acre and deleting a sentence from the Designation description. . Modify the description of Recreational Commercial to include time share (fractional ownership) units. . Incorporating the Airport Compatibility Plan for French Valley Airport into the Element. . Remove the area between Temecula Creek and Highway 79-South from Rural Preservation Area NO.3. . Remove the property for Land Use Request No. 2 from the Nicolas Valley Rural Preservation Area. . Identify Bureau of Land Management (BLM) ownership areas. Open Space and Conservation Element No major policy changes are proposed within the Open Space and Conservation Element. In addition to the previously discussed changes on the historic sites and buildings, the following additional changes are also being proposed: . Two additional policy statements and an additional implementation measure addressing the concerns of the Pechanga Band of Luisefio Indians. . Providing updated information on Williamson Act agricultural preserves in the Planning Area and MTBE contamination from an existing service station. Growth Management/Public Facilities Element The only policy change is the addition of a statement discouraging street closures that may limit or delay access to emergency services. In addition to the previously discussed changes on the historic sites and buildings, the following additional minor changes are also being proposed: . Updating information on the water services provided by Rancho California Water District. . Updating information from the Temecula Valley Unified School District on school enrollment and the timing and location of new schools. R:\General Plan\Comp Plan Update\Staff Report CC2.doc 7 Public Safety Element No major policy changes are proposed within the Public Safety Element. However, there are some minor changes being proposed to the Element. . Updating information on State geologic hazard programs. . Incorporating additional information on the Temecula Citizen's Corps. . Adding a policy statement discouraging the closure of streets when emergency response and public safety is adversely affected. Noise Element The Noise Element updates noise contours and sources in the General Plan. There are no major policy changes are proposed within the Element and no additional corrections are being proposed. Air Quality Element The Air Quality Element updates information on air quality programs and issues in the General Plan. There are no major policy changes proposed within the Element and no additional corrections being proposed. Community Design Element The Community Design Element adds no major policy changes. The Element incorporates the Mixed Use Design Concept, public spaces, public art and the interim Chaparral Area policies that were adopted by the City Council in 2004. Economic Development Element The Economic Development Element updates information on local programs in the General Plan. There are no major policy changes proposed within the Element and no additional corrections being proposed. Housing Element The Housing Element is not being updated as part of this program. The current schedule for the next update of the Housing Element is expected to begin in 2006 or 2007. The current approved Housing Element will be incorporated into the final General Plan after it is adopted by the City Council. Airport Land Use Commission Since the March 22, 2005 City Council hearing on the General Plan, staff has received preliminary comments from the Airport Land Use Commission (ALUC) about the proposed General Plan. City staff has worked with the ALUC staff and have identified the need to incorporate additional implementation-related information to address the ALUC's concerns. These additional changes address the requirements of the Airport Compatibility Plan and are contained in Attachment No.9. The changes are consistent with the other policy statements and implementation measures in the General Plan. R:\General Plan\Comp Plan Update\Staff Report CC2.doc 8 ENVIRONMENTAL DETERMINATION: As part of the process of updating the General Plan, an Environmental Impact Report has been prepared. The Notice of Preparation was prepared and distributed on June 6, 2003 and a public scoping meeting was held on June 25, 2003. Responses on the scope of the EIR were received from the South Coast Air Quality Management District, Riverside County Transportation Department, Riverside Transit Agency, Airport Land Use Commission, Caltrans - Aviation Division, Department of Fish and Game, Metropolitan Water District, Rancho California Water District, the City of Murrieta, and the Southern California Association of Governments. A public scoping meeting was also held on June 25, 2003. Based upon this feedback a Draft Environmental Impact Report (DEIR) was prepared for the project which evaluated the following subjects: aesthetics, agricultural resources, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, population and housing, public services, recreational resources, transportation, and utilities and public services. The analysis in the DEIR indicated that adoption and implementation of the General Plan update will result in unavoidable significant impacts with regard to air quality and transportation. As a result, the Certification of the Environmental Impact Report for the General Plan will require the adoption of a Statement of Over-Riding Considerations (SOC) by the City Council. A SOC was also adopted when the EIR for the original General Plan was certified in 1993. The implementation of mitigation measures specified in the DEIR are expected to reduce the potentially significant impacts to aesthetics, agricultural resources, biological resources, cultural resources, geology/soils, hydrology and water quality, land use and planning, noise, public services and recreation, and utilities and service systems to a less than significant level. The mitigation measures are included in the Implementation Measures identified within the General Plan. In all other areas of environmental concern, the project was found to result in either no impact or a less than significant impact. The DEIR was made available for public review and comment between December 17, 2004 and March 12, 2005. Comments were received from the State Clearinghouse, Caltrans - Aviation Division, Rancho California Water District, the Southern California Association Governments, Riverside Transit Agency, San Diego Regional Water Quality Control Board, Eastern Municipal Water District, Metropolitan Water District, Bureau of Land Management, Riverside County Flood Control District, Riverside County Planning Department, Riverside County Transportation Department, the Native American Heritage Commission, State Clearinghouse, Temecula Valley Unified School District, and the Pechanga Band of Luisefio Indians. Copies of these letters and the City's response to their comments were included in the packet for the March 22, 2005 meeting and are also included in Attachment No. 11. The Responses to Comments are also included in the Final Environmental Impact Report for the General Plan. A copy of the Draft Environmental Impact Report was provided to the City Council under separate cover in January, 2005 and a copy of the Final Environmental Impact Report was provided under separate cover on April 1 , 2005. FISCAL IMPACT: The adoption of the General Plan will have no fiscal impacts. R:\General Plan\Comp Plan Update\Staff Report CC2.doc 9 ATTACHMENTS: 1. Resolution Certifying the EIR 2. Resolution approving the General Plan 3. PC Resolution No. 2005-014 4. Planning Commission Minutes 5. Change Addendum for General Plan Document 6. Action Summary of Land Use Map Requests 7. Location Maps for Land Use Map Requests 8. Land Use Request Letters 9. Additional Airport-Related Changes 10. Non-Circulation General Pian Comment Letters 11. Response to Comments R:\General Plan\Comp Plan Update\Staff Report CC2.doc 10 ATTACHMENT NO.1 RESOLUTION CERTIFYING THE ENVIRONMENTAL IMPACT REPORT R:\General Plan\Comp Plan Update\Staff Report CC2.doc 11 ATTACHMENT NO.1 RESOLUTION NO. 01 -_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TEMECULA GENERAL PLAN UPDATE AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE TEMECULA GENERAL PLAN UPDATE Statement of Findings of Fact Pursuant to CEQA Guideline Section 15091 for the Temecula General Plan Update WHEREAS, the City of Temecula General Plan Update and related actions ("General Plan Update") have been initiated and prepared on behalf of the City of Temecula. The project proposes the adoption and implementation of the City of Temecula General Plan Update. The General Plan Update addresses the seven State mandated general plan elements (land use, housing, circulation, safety, open space, conservation, and noise), as well as other issues that are important to the community, including growth management, economic development, air quality, and community design. The Housing Element was recently updated in 2002 and thus has not been updated as part of the project. The updated General Plan establishes an overall development capacity for the City and surrounding areas, and serves as a policy guide for determining the appropriate physical development and character of the City for the nex1 20 years. The Land Use Element establishes land use designations to identify the types and nature of future development permitted throughout the Planning Area. The Circulation Element describes how Temecula residents and employees get around using automobiles, public transit, bicycles, airplanes, sidewalks and trails, and railways. In addition, it presents the City's plan for future roadways that provide adequate capacity to accommodate travel needs resulting from development pursuant to the Land Use Element. All of the elements combined establish a vision for the City, emphasizing a family-focused lifestyle and a strong local business community that includes agricultural, technological, and manufacturing industries, with the overarching goal of maintaining Temecula as a vibrant, attractive, and enjoyable place. WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City is the lead agency for the General Plan as the public agency with both general governmental powers and the principle responsibility for implementing the General Plan; and WHEREAS, a Notice of Preparation of a Draft Program Environmental Impact Report ("Draft EIR or Draft PEIR") was issued on June 6, 2003, and a public scoping meeting was held on June 25, 2003, inviting comments from responsible agencies, other regulatory agencies, organizations, and individuals pursuant to State CEQA Guidelines Section 15082; and Statement of Findings of Fact Temecula General Plan Update April 4. 2005 WHEREAS, written statements were received by the City in response to the Notice of Preparation, which assisted the City in narrowing the issues and alternatives for analysis in the Draft PEIR; and WHEREAS, a Draft PEIR was prepared by the City pursuant to State CEQA Guidelines section 15168 to analyze potential adverse environmental impacts of General Plan implementation pursuant to CEQA; and WHEREAS, upon completion of the Draft PEIR dated December 17, 2004, the City initiated a 45-day public comment period between December 17, 2004 and January 31,2005 by filing a Notice of Completion with the State Office of Planning and Research in December 17, 2004; and WHEREAS, the City also published a Notice of Availability for the Draft PEIR in a newspaper of general circulation. Copies of the Draft PEIR were sent to public agencies, organizations, and individuals. In addition, the City placed copies of the Draft PEIR in public libraries in Riverside County and made copies available for review at City offices; and WHEREAS, during and before the official public review period for the Draft EIR, the City received seventeen written comments, all of which were responded to by the City. Those comments and the responses are included as part of the Final Program Environmental Impact Report/Response to Comments document ("Final Program EIR, Final PEIR, or PEIR"); and WHEREAS, the Community Advisory Committee held meetings on January 7, 2002, January 28, 2002, February 25, 2002, April 01, 2002, May 6, 2002, May 15, 2002, May 30, 2002, April 29, 2003, May 20, 2003, June 11, 2003, March 1, 2004, April 26, 2004, May 3, 2004, and July 6, 2004 to consider the current General Plan and to recommend appropriate changes to the Planning Commission and City Council; and WHEREAS, the City Council and Planning Commission held a joint workshop to consider the recommendation of the Community Advisory Committee on August 10, 2004 and provided a number of comments and suggestions on the recommended General Plan; and WHEREAS, the Community Services Commission met to consider and provide comments on the proposed General Plan on September 13, 2004; and WHEREAS, the Traffic Safety Commission met to consider and provide comments on the proposed General Plan on September 28,2004 and January 27,2005; and WHEREAS, the City held community meetings on December 26, 2001, January 12, 2002, April 4, 2002, and November 4, 2004 to solicit input, comments, and concerns from members of the community; and WHEREAS, pursuant to Public Resources Code section 21092.5, on March 22, 2005, the City provided its responses to all persons, organizations, and agencies who commented on the Draft EIR; and WHEREAS, Section 15091 of the State CEQA Guidelines prevents the City from approving or carrying out a project for which an PEIR has been completed that identifies any significant environmental effects unless the City makes one or more of the following written Statement of Findings of Fact Temecula General Plan Update 2 finding(s) for each of those significant effects accompanied by a brief explanation of the rationale for each finding: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the final EIR; or (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR; and WHEREAS, Section 15093 of the State CEQA Guidelines requires that if the General Plan will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts; and WHEREAS, environmental impacts identified in the Final PEIR which the Planning Commission finds are less than significant and do not require mitigation are described in Section 2 hereof; and WHEREAS, environmental impacts identified in the Final PEIR as potentially significant, but which the Planning Commission finds can be mitigated to a less than significant level through the imposition of mitigation measures and/or conditions identified in the Final PEIR and General Plan and set forth herein are described in Section 3 hereof; and WHEREAS, environmental impacts identified in the Final PEIR as potentially significant but which the Planning Commission finds cannot be fully mitigated to a less than significant level despite the imposition of all feasible mitigation measures described in Section 4 hereof; and WHEREAS, alternatives to the General Plan that might eliminate or reduce significant environmental impacts are described in Section 5 hereof; and WHEREAS, a discussion of General Plan benefits identified by City staff and a Statement of Overriding Considerations for the environmental impacts that cannot be fully mitigated to a less than significant level are set forth in Section 6 hereof; and WHEREAS, Public Resources Code section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures; and WHEREAS, prior to taking action, the Planning Commission has heard, been presented with, reviewed, and considered all of the information and data in the administrative record, and Statement of Findings of Fact Temecula General Plan Update 3 all oral and written testimony presented to it during meetings and hearings. The Final PEIR reflects the independent judgment of the Planning Commission and is deemed adequate for purposes of making decisions on the merits of the General Plan and related actions. No comments or any additional information submitted to the City have produced any substantial new information requiring circulation or additional environmental review of the Final PEIR under CEQA, nor do the minor modifications to the Final PEIR require additional public review because no new significant environmental impacts were identified, no substantial increase in the severity of any environmental impacts would occur. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby determines the following: Section 1. Findings. The City Council of the City of Temecula determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, the environmental impacts associated with the adoption and long-term implementation of the Temecula General Plan Update will have a less than significant impact with regard to the following, as evidenced through the analysis presented in the Initial Study contained in Appendix A of the Final EIR: A. Aesthetics - Scenic resources and vistas; visual character To preserve public views of significant natural resources, all new public and private development projects will be reviewed to ensure that they will not obstruct public views of scenic resources, such as the hillsides, scenic roads, or significant open space areas. During the review of individual projects, the Community Development Department may require site redesign or place height limits on projects that have the potential to block views. New projects will also be reviewed to ensure that the proposed landscaping and tree planting will not obstruct views of significant natural resources. Implementation of the identified policies through this review process will ensure that impact will be less than significant on a project-by-project basis (Initial Study, p. 10). B. Agricultural Resources - Williamson Act contracts No Williamson Act contracts are in effect within the Planning Area (Initial Study, p. 11). C. Air Quality - Compliance with regional plans; odors The Air Quality Element of the General Plan addresses compliance with the current Air Quality Management Plan for the South Coast Air Basin. The Air Quality Element is designed to ensure City land use decisions work to implement and comply with federal, State, and local regulations pertaining to air quality. No conflict with the regional air quality plan will result, and no adverse impact will occur (Initial Study, p. 12). Development anticipated to occur pursuant to the General Plan will be predominantly residential and commercial uses consisting of retail stores, offices, and business parks. Each new development will be required to comply with the South Coast Air Quality Management District's guidelines regarding odor control. Compliance with these existing regulations will ensure that impact will be less than significant (Initial Study, p. 12). Statement of Findings of Fact Temecula General Plan Update 4 D. Biological Resources - Conflict with policies, ordinances, or plans All new development will comply with City policies and ordinances protecting biological resources, including tree preservation policies. The updated General Plan provides policies and implementation programs that fully support adopted habitat conservation plans. No impact will result (Initial Study, p. 13). E. Hazards and Hazardous Materials Businesses and operations involving the use, transport, or disposal of hazardous materials will only proceed in strict compliance with federal, State, and local hazardous materials regulations. The General Plan maintains the goal of protecting '1he public and environmental resources from hazards related to hazard materials and waste, and nuclear power production" (Goal 2, Public Safety Element). Four policies are included to carry out this goal. Implementation of these policies, together with compliance with existing regulations, will result in a less than significant impact. No sites in Temecula are included on the Department of Toxic Substances Control Hazardous Waste and Substance List, known as the Cortese List (Initial Study, p.17). Temecula has adopted a Multi-Hazard Functional Plan to ensure the effective management of City personnel and resources in responding to emergency situations stemming from natural disasters, technological incidents, and nuclear defense emergencies. Implementation of the Public Safety Element policies, along with the continued implementation of the City's Multi-Hazard Functional Plan, will ensure a less than significant impact with regard to emergency preparedness (Initial Study, p.18). F. Hydrology and Water Quality - Water quality; 1 OO-year flood hazard All new development will be required to comply with existing water quality standards and waste discharge regulations set forth by the Regional Water Quality Control Board, San Diego region. Impact will be less than significant. Each new development will be required to comply with stormwater regulations set forth by the Regional Water Quality Control Board, San Diego region, including NPDES regulations. Compliance with existing regulations on a project-by-project basis will reduce potential impact to a less than significant level (Initial Study, p. 19). The City participates in the National Flood Insurance Program (NFIP), which makes flood insurance available to affected property owners within a 100-year floodplain. The City also reviews development plans for projects within floodplains to ensure compliance with City and FEMA floodplain development requirements. No development of any kind will be allowed in the floodway portion of a 100-year floodplain. Implementation of these measures, which represent standard City practice, will reduce the risk from flooding to a less than significant level. The Planning Area is not subject to tsunamis due to its inland location. Seiches have not historically occurred within the Planning Area (Initial Study, p. 20). Statement of Findings of Fact Temecula General Plan Update 5 G. Land Use and Planning - Divide community; conflict with habitat conservation plans The majority of undeveloped land within the Planning Area is located north of the Temecula corporate city limits, in the sphere of influence. No physical division would result from development pursuant to the General Plan (Initial Study, p. 21). Temecula is located within the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) planning area. In response to the provisions of the MSHCP, the General Plan Open Space/Conservation Element includes the goal of "conservation of important biological habitats and protection of plant and animal species of concern, wildlife movement corridors, and general biodiversity' (Goal 3, Open Space/Conservation Element). This goal is supported by the policy to "coordinate with the County of Riverside and other relevant agencies in the implementation of the Western Riverside County Multiple Species Habitat Conservation Plan" (Policy 3.3, Open Space/Conservation Element). The General Plan supports applicable habitat conservation plans, and no impact will result (Initial Study, p.21). H. Mineral Resources According to the California Geological Survey, no known mineral resources exist in Temecula. Development pursuant to the General Plan will not result in the loss of a known mineral resource (Initial Study, p. 22). I. Population and Housing - Displacement of people or housing The General Plan will allow the development of a variety of uses on currently undeveloped land. However, this new development will not displace substantial numbers of housing units or people. No impact will result (Initial Study, p. 24). J. Transportation - Air traffic patterns; hazardous design features; emergency access; parking; plans for alternative modes of transportation The French Valley Airport is located within Temecula's sphere of influence. Growth pursuant to the General Plan is not anticipated to change air traffic patterns. The County is planning to update the Comprehensive Land Use Plan for French Valley Airport in response to additional region-wide demand for airport services; as part of this process, the impacts of potential increased airport use will be subsequently analyzed. Impact will be less than significant. The Circulation Element addresses the importance of compatibility between design issues and land use compatibility. However, new development is expected to result in additional roadways. All new roadways will be built in accordance with all requisite City and County design requirements. No significant impact will result. The City has a Multi-Hazard Functional Plan in place. In addition, the Public Safety Element calls for regular reviews by the City to assess response times and incorporate newly developed areas to ensure adequate fire and police protection. Impact will be less than significant. Statement of Findings of Fact Temecula General Plan Update 6 All new development pursuant to the General Plan will provide parking in compliance with City standards for the particular use. No significant impact will result. One of the key components of the Circulation Element is to promote the use of alternative transportation modes, including bicycling and walking. Public bus service is provided by the Riverside Transit Agency. The City is committed to ensuring that public transportation becomes a viable alternative to the automobile for residents. The Circulation Element also emphasizes the network of Multi-Use Trails planned for in the City's Multi-Use Trails Master Plan. Impact will be less than significant (Initial Study, p.27). K. Utilities and Service Systems - Wastewater treatment requirements; solid waste The General Plan will not result in development of any use that could exceed established treatment standards. All new development will be required to comply with existing wastewater treatment requirements set forth by the Regional Water Quality Control Board, San Diego region. Impact will be less than significant. Each development approved pursuant to General Plan policy will be required to comply with federal, State, and local statutes and regulations related to the disposal of solid waste. No adverse impact will result (Initial Study, p. 28). Section 2. Findings. The City Council of the City of Temecula determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, the environmental impacts associated with the adoption and implementation of the Temecula General Plan Update will result in a less than significant impact with regard to the following issues, as identified through the analysis presented in the PEIR; therefore, no mitigation measure is required: A. Air Quality - Carbon monoxide hotspots The CALlNE-4 analysis shows that while all study intersections will experience some level of carbon monoxide (CO) concentration, ranging from 0.1 parts per million (ppm) to 1.5 ppm during the 1-hour period, no intersections are anticipated to exceed South Coast Air Quality Management District (SCAQMD) thresholds for the 1-hour standard. Therefore, implementation of the proposed General Plan will not result in a significant impact with regard to CO hot spots (pEIR, p. 5.3-11). B. Geology and Soils - Seismic groundshaking The City requires geological and geotechnical investigations on properties where new development is proposed and seismic and geologic hazards are of concern. Liquefaction assessment studies are also required in areas identified as susceptible to liquefaction. Compliance with General Plan Safety Element goals and policies and implementation of existing regulations will ensure that impacts can be avoided. Impact will be less than significant through the application of these policies and continued standard permit review and building practices (pEIR, p. 5.6-6). Statement of Findings of Fact T emecula General Plan Update 7 C. Hazards and Hazardous Materials - Hazardous materials; flood hazards; airport proximity; wildland fire hazards In accordance with City, State, and federal requirements, any new development that involves contaminated property will necessitate the clean up and/or remediation of the property in accordance with all applicable federal, State, and local requirements and regulations. No construction will be permitted to occur at potentially contaminated sites until a "no further action" or similar determination has been issued by the City's Fire Department, State Department of Toxic Substances Control, State Regional Water Quality Control Board, and/or other responsible agency. Compliance with existing regulations will ensure a level of safety to current standards, and impact will be less than significant (pEIR, p. 5.7-6). The City will continue to enforce disclosure laws that require all users, producers, and transporters of hazardous materials and wastes to clearly identify the materials that they store, use, or transport, and to notify the appropriate City, county, State, and federal agencies in the event of a vioiation. Compliance with existing regulations will ensure a less than significant impact (pEIR, p. 5.7-6). Currently, the City participates in the National Flood Insurance Program, enforces Development Code (Title 17 of the Municipal Code) regulations regarding development in the floodplain and floodway, and maintains a dam inundation evacuation plan. Compliance with existing federal, State, and local regulations and plans, including the City's Multi-Hazard Functional Plan, will result in a less than significant impact (pEIR, p. 5.7-7). All land use development entitlements within the area of influence must be approved by the Riverside County Airport Land Use Commission; must be consistent with the French Valley Airport ALUCP to protect the public health, safety, and welfare; must ensure continued orderly use of the airport; and must prevent the creation of new noise and safety problems. Compliance with the ALUCP, which is supported by numerous policies within the proposed General Plan, will ensure a less than significant impact (pEIR, p. 5.7-7). The General Plan Public Safety Element includes policies and implementation programs that direct the City to reduce the potential for dangerous fires by concentrating development in previously developed areas where the risk of wildland fire is lower; to protect hillside areas from expansion of the urban-wildland interface; to encourage residents to plant and maintain drought-resistant, fire-retardant landscape species on slopes to reduce the risk of brush fire and soil erosion; and to work with the Fire Department to control hazardous vegetation. Stringent application of these policies will reduce impact to a less than significant level (pEIR, p. 5.7-7 and 5.7-8). D. Hydrology and Water Quality - Groundwater Per the 1940 Stipulated Judgment in Santa Margarita v. Vail, the water master determines the safe annual yield based on annual audits of the groundwater basin, including how much water was withdrawn from and recharged to the aquifer. Water service providers must purchase imported water or utilize recycled water supplies based on the water master's yearly determination. Compliance with these existing agreements Statement of Findings of Fact Temecula General Plan Update 8 will ensure a less than significant impact on groundwater resources (pEIR, p. 5.8-4 and 5.8-5). E. Land Use and Planning The Regional Comprehensive Plan and Guide (RCPG) prepared by the Southern California Association of Governments (SCAG) contains policies applicable to the General Plan. In particular, the General Plan was compared to the SCAG growth management, Regional Transportation Plan, Air Quality Chapter Core Actions, and the Open Space Chapter Ancillary Policies described in the RCPG. The General Plan is consistent with the Regional Comprehensive Plan and Guide administered by SCAG. Impact is less than significant (pEIR, p. 5.9-23). In compliance with California Water Code Sections 10910-10915, all future development projects pursuant to the proposed General Plan that meet criteria specified in the law are required to determine whether projected water supplies available during normal, single- dry, and multiple-dry water years will be sufficient to satisfy demands of the proposed project, in addition to existing and planned future uses. No major development project will be permitted to proceed unless required determinations can be made. Compliance with existing regulations will minimize the potential for impact (pEIR, p. 5.9-23). F. Noise The General Plan Noise Element includes goals and policies that direct the City to comply with the French Valley ALUCP. Ongoing compliance with the ALUCP and implementation of General Plan policy will ensure a less than significant impact (pEIR, p. 5.10-14). G. Population and Housing Given historical growth patterns and growth management policies contained within the General Plan, implementation of the General Plan will not substantially increase population beyond that already projected to occur within the Planning Area. Furthermore, as described in Section 5.9, Land Use and Planning of the EIR, the General Plan is consistent with SCAG's growth management policies. Impact will be less than significant (pEIR, p. 5.11-3). H. Public Services - Schools Payment of alternative school fees will be used to offset the cost to the Temecula Valley Unified School District (TVUSD) of providing education facilities to future students. The environmental effects of expansion, construction, and operation of additional school facilities will be evaluated by TVUSD in its efforts to plan for construction of new schools or expansion of existing facilities. SB 50 states that for CEQA purposes, payment of fees to the affected school district reduces school facility impacts to a less than significant level (pEIR, p. 5.12-8). Statement of Findings of Fact Temecula General Plan Update 9 I. Transportation/Traffic - Specified Intersections The intersection of Old Town Front Street and Rancho California Road currently operates at a deficient LOS E condition. This intersection will continue to operate at LOS E in 2025, although implementation of the General Plan is anticipated to improve the operation of the intersection from 0.96 ICU in 2002 to 0.91 ICU by year 2025. The project does not create a new LOS E condition at this intersection nor worsen its operation to LOS F. Impact to Old Town Front Street at Rancho California Road is therefore less than significant. The SR-79 northbound on-ramp, Winchester Road southbound off-ramp, and Rancho California Road southbound off-ramp all currently operate at a deficient LOS F condition. These ramps will continue to operate at LOS F in 2025. Long-range implementation of the General Plan does not create a new LOS F condition at these ramps. Impact to these ramps is therefore less than significant. J. Utilities and Service Systems - Wastewater and Stormwater Drainage Proposed General Plan goals, policies, and implementation programs address the impact on City storm drain facilities. Implementation Program GM-9 directs the City to maintain an effective, safe, and environmentally compatible flood control system. Compliance with existing regulations and General Plan Implementation Program GM-9 will ensure a less than significant impact (pEIR, p. 5.14-7). K. Cumulative Impacts - Wildland Fire, Hydrology, and Noise Regional jurisdictions that rely upon the Riverside County Fire Department for service will be subject to similar wildland fire hazards requirements as the City of Temecula. Compliance with existing federal, State, and local regulations and plans regarding hazardous materials, flooding, and wildland fire will result in a less than significant cumulative impact (pEIR, p. 7-6). Water service providers must purchase imported water or utilize recycled water supplies based on the water master's yearly determination. Compliance with these existing agreements will ensure a less than significant impact on water supply. Increased development throughout region, especially on currently undeveloped lots, will increase the amount of impervious surfaces, thereby increasing the amount and speed of runoff, which may impact water quality. Developers of new projects are required to provide on-site drainage and pay area drainage fees. Compliance with existing regulations, including NPDES regulations applicable to construction activities and larger developments, will ensure a less than significant cumulative water quality impact (pEIR, p. 7-6 and 7-7). Implementation of City and County noise ordinances, construction of buildings according to State acoustical standards, and implementation of the Land Use Plan that has been designed to avoid land/use noise compatibility conflicts will ensure cumulative noise impacts will be less than significant (pEIR, p. 7-7). Statement of Findings of Fact Temecula General Plan Update 10 Proposed General Plan Land Use Element policies and programs are designed to accommodate City and regional population growth forecast to occur within the Planning Area through the year 2025. Given historical growth patterns and the growth management policies contained in the proposed General Plan, implementation of the Plan will not substantially increase population beyond that already projected to occur within the Planning Area. The proposed General Plan will not contribute to significant cumulative population and housing impacts (pEIR, p. 7-7). New development throughout the region must comply with the Rancho California Water District's and/or Eastern Municipal Water District's water and sewer service master plans. Fees will be paid as required to fund infrastructure and thus avoid cumulative impact. All jurisdictions within the region will be required to continue to reduce waste generation and divert materials from regional landfills. Compliance with existing local, county, and State regulations will ensure a less than significant cumulative impact (pEIR, p. 7-8). Section 3. The City Council hereby finds that mitigation measures contained in the PEIR have been incorporated into the Temecula General Plan Update, and that such measures avoid or substantially lessen the following potentially significant environmental impacts identified in the General Plan Update PEIR to a less than significant level. The potentially significant project impacts and the mitigation measures that have been adopted to mitigate the impacts to a less than significant level are as follows: A. Aesthetics / Light and Glare 1. Potential Significant Impact Light levels within the Planning Area will increase as new housing units and commercial, industrial, and institutional projects are developed pursuant to the General Plan. New structures could create glare effects if they incorporate reflective building materials. Depending upon the location and scope of individual development projects, the impact on surrounding uses could be significant (pEIR 5.1-3). The General Plan acknowledges the importance of the Palomar Observatory through policies that continue the City's participation in Palomar Observatory's dark sky conservation requirements. If future development pursuant to the General Plan increases the amount of nighttime lighting within the Planning Area, effectiveness of Palomar Observatory may be reduced. A potential exists for a significant aesthetic impact if the project results in substantial light and glare (PEIR 5.1-3). 2. Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final PEIR. Implementation of the following mitigation measure will reduce potential aesthetic impacts to a less than significant level: Statement of Findings of Fact Temecula General Plan Update 11 a. The City will ensure that new development projects comply with the City Light Pollution Control Ordinance when building plans are submitted for permits and when projects are field-inspected (General Plan Implementation Program OS-31 and PEIR 5.1-4). 3. Supporting Explanation General Plan policies state that the City will work with the County of Riverside and California Institute of Technology to ensure preservation procedures for dark skies are implemented within the City's development review process (pEIR, p. 5.1-3). Future development pursuant to the General Plan shall comply with all applicable codes and standards, including the California Building Code, Uniform Fire Code, etc. Compliance with the City's standards shall assure safe utilization of the facilities at night by the public. With implementation of the above mitigation measure, no significant impact related to aesthetics and light and glare are anticipated (pEIR, p. 5.1-4). B. Agricultural Resources 1. Potential Significant Impact Future development within the Planning Area pursuant to the land use policies of the updated General Plan may result in the conversion of Prime Farmland, Unique Farmland, and Farmland of State and Local Importance to non-agricultural use. Of the areas currently identified as Vineyard/Agriculture, approximately four acres may be converted to Rural Residential uses as a result of adoption and implementation of the General Plan. This represents approximately 0.01 percent (one one-hundredth of one percent) of the land currently in agricultural use (pEIR, p. 5.2-5). 2. Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final PEIR. Implementation of the following mitigation measure will reduce potential agricultural resources impacts to a less than significant level: a. The City will preserve agricultural lands by: . Developing effective zoning regulations or other land use mechanisms that control the expansion of intensive non- agricultural development onto productive or potentially productive agricultural lands. . Recognizing existing agriculture preserve contracts and promoting additional preservation contracts for prime agriculture land. (General Plan Implementation Program OS-28, PEIR, p. 5.2-5) Statement of Findings of Fact 12 Temecula General Plan Update 3. Supporting Explanation The proposed project may result in the conversion of four acres of land designated as Vineyard/Agriculture to Rural Residential uses. This represents approximately 0.01 percent (one one-hundredth of one percent) of the land currently in agricultural use within the Planning Area. With regard to areas designated for agricultural use, parallel zoning designations will protect such uses. The City recognizes the importance of agriculture and viticulture in particular to the local economy and tourism base. C. Biological Resources 1. Potential Significant Impacts Impacts to Reqional Sensitive Habitats Development pursuant to implementation and adoption of the General Plan will result in adverse significant impacts if such development results in the modification or removal of regional sensitive habitats within the Planning Area, including: . Coastal Sage Scrub/Riversidean Alluvial Fan Sage Scrub . Vernal Pools/Riparian Scrub, Woodland, and Forest/Open Water, Reservoir, Pond . Coast Live Oak Woodland . Raptor Foraging/Wintering Habitat Impacts to non-native grassland and agricultural land will be significant if the habitat is determined to provide high wildlife value for raptor wintering and foraging, or to support federally or State listed, endangered, or threatened species (pEIR, p. 5.4-16). Impacts to Desiqnated Critical Habitat The Temecula Planning Area encompasses designated critical habitat for the California gnatcatcher and Quino checkerspot butterfly, as determined by United States Fish and Wildlife Service. Critical habitat is primarily located in the northern portion of the Planning Area in French Valley designated for low-medium residential development (pEIR, p. 5.4-16). Impacts to MSHCP Conservation Area/Core Linkaqes The Planning Area encompasses four MSHCP conservation areas and core linkages. Portions of MSHCP conservation areas within French Valley (subunit 5), Pauba Valley (subunit 2), and Temecula Valley (subunits 1 and 6) will incur permanent, indirect impacts from development-associated increases in the amount of fragmented habitat, artificial nighttime illumination, and human intrusion into natural habitats. In addition, impacts to chaparral will be significant if the habitat is located within a MSHCP conservation, core, or linkage area (e.g., Pauba Valley or Temecula Valley). The General Plan provides for development in these areas; at a Plan level, impact may be significant (pEIR, p. 5.4-17). Statement of Findings of Fact Temecula General Plan Update 13 Rare. Threatened. Endanqered and Sensitive Species Development associated with implementation of the General Plan will result in permanent indirect impacts to sensitive flora and fauna species present within the Planning Area where development encroaches into habitat or directly affects the following species: . Munz's onion . Quino checkerspot butterfly . San Diego ambrosia . Arroyo toad . Nevin's barberry . Southwester willow flycatcher . Vail Lake ceanothus . American peregrine falcon . Slender-horned spineflower . Bald eagle . San Diego button-celery . Coastal California gnatchatcher . Spreading navarretia . Least bell's vireo . California orcutt grass . Stephen's kangaroo rat . San Miguel savory Impacts to federally and State-listed, rare, endangered, and threatened species will be significant and adverse. Mitigation measures are required to reduce adverse impacts to a less than significant level. Impacts to lower-sensitivity species will be significant if it is determined that proposed future development will substantially reduce the species' population stability or conflict with the MSCHP conditions of coverage. Mitigation measures are required to provide further environmental review of individual future development projects (Draft EIR, p. 5.4- 17). 2. Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final PEIR. Implementation of the following mitigation measures will reduce potential biological resources impact to a less than significant level: a. The City shall require development proposals in all areas inside or adjacent to sensitive habitat areas, designated critical habitat, and MSCHP conservation areas and core linkages as defined by the U.S. Fish and Wildlife Service, the California Department of Fish and Game and the Multiple Species Habitat Conservation Plan, 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 Implementation Program OS- 9, PEIR, p. 5.4-17). b. 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 Implementation Program OS-10, PEIR, p. 5.4-17). Statement of Findings of Fact Temecula General Plan Update 14 c. The City shall 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, provision of corridor connections for wildlife movement, conservation of water courses, rehabilitation of biological resources displaced in the planning process, and use of project design, engineering, and construction practices that minimize impacts to sensitive species, MSHCP conservation areas, and designated critical habitats (General Plan Implementation Program OS-11, PEIR, p. 5.4-18). d. 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 (General Plan Implementation Program OS-12, PEIR, p. 5.4-18). e. 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 Implementation Program OS-13, PEIR, p. 5.4-18). f. The City shall continue to participate in multi-species habitat conservation planning, watershed management planning, and water resource management planning efforts (General Plan Implementation Program OS-14, PEIR, p. 5.4-18). g. The City shall require project developers to retain coast live oak woodland, including oaks within new development areas, and shall require surveys of all coast live oak trees prior to construction to determine if any raptor nests are present and active. If active nests are observed, postponement of construction activities until the end of the fledgling season is required. The City shall apply the following guidelines adapted from the Riverside County Oak Tree Management Guidelines: . Construction and development activities will be avoided within the root zone (e.g., encompassing an area one-third larger than the drip line of an oak tree . Landscaping, trenching, or irrigation systems will be avoided within the root zone . Land uses that will cause excessive soil compaction within the root zone will be avoided . Manufactured slopes will not be located within the root zone Redirection of surface moisture which alters the soil moisture within the root zone for an ex1ended period of time will be avoided . Filling around the bases of oak trees will be avoided through sedimentation and siltation control . Dying oak trees will be retained in place unless determined to pose a health or safety hazard Statement of Findings of Fact Temecula General Plan Update 15 . Relocation of trees will not constitute mitigation . Oak protection will be oriented toward protection of the life cycle of oak trees and woodland (General Plan Implementation Program OS-32, PEIR, p. 5.4- 18). h. The City will require project proponents to minimize impacts to Coastal sage scrub, Riversidean alluvial fan sage scrub, chaparral, and non-native grassland consistent with the MSCHP. 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 Implementation Program OS-33, PEIR, p. 5.4-19). i. The City shall require project proponents 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 Implementation Program OS-34, PEIR, p. 5.4-19). j. The City shall review 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: . 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. . Taxies: 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. Statement of Findings of Fact Temecula General Plan Update 16 . 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. . 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. . 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. . 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. . Grading/Land Development Manufactured slopes associated with proposed site development shall not extend into the MSHCP conservation area (General Plan Implementation Program OS-35, PEIR, p. 5.4-19). k. The City shall require work corridor surveys to identify active nests for projects with the potential to adversely impact nesting migratory birds, as defined under the Migratory Bird Treaty Act (MBTA). Development projects shall avoid active nests and, if necessary, require seasonal timing constraints for riparian habitat clearing and an MBTA Special Purpose permit prior to the removal of active nests of MBTA covered species (General Plan Implementation Program OS-36, PEIR, p. 5.4- 20). 3. Supporting Explanation Implementation of the mitigation measures will reduce the adverse impacts to biological resources associated with adoption and implementation of the proposed General Plan to a less than significant level (Draft EIR, p.5.4-20). D. Cultural Resources 1. Potential Significant Impacts Impacts to Historic Resources Small urban infill development or redevelopment projects that are not subject to discretionary review by the City may occur that could involve the removal or alteration of Statement of Findings of Fact Temecula General Plan Update 17 existing structures of historical value or significance. Thus, mitigation is required to minimize potential impacts to historic resources associated with the adoption and implementation of the General Plan (pEIR, p. 5.5-7). Impacts to Archaeoloqical and Paleontoloqical Resources Unknown archaeological sites, structures, and fossils may be unearthed during excavation and grading activities for specific projects. If previously undiscovered artifacts or remains are uncovered during excavation or construction, impact will be significant. Mitigation measures are required to reduce the impact to archaeological and paleontological resources to a less than significant level (pEIR, p. 5.5-7). 2. Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final PEIR. Implementation of the following mitigation measures will reduce potential cultural resources impact to a less than significant level: a. The City shall use the development and environmental review process to: . Ensure that appropriate archaeological and paleontological surveying and documentation of findings is provided prior to project approval. . Require effective mitigation where development may affect archaeological or paleontological resources. . Require that an archaeologist or paleontologist be retained to observe grading activities in areas where the probable presence of archaeological or paleontological resources is identified. . Enforce CEQA provisions regarding preservation or salvage of significant archaeological and paleontological sites discovered during construction activities. . Require monitoring of new developments and reporting to the City on completion of mitigation and resource protection measures (General Plan Implementation Program OS-26, PEIR, p. 5.5-7). b. The City shall enter into a Memorandum of Agreement with the Eastern Information Center of the University of California, Riverside to establish procedures for reviewing the archaeological sensitivity of sites proposed for development (General Plan Implementation Program OS-37, PEIR, p. 5.5-8). c. The City shall continue to implement a historic preservation ordinance in the Old Town area to protect historically significant buildings, sites, roads/trails, and other landscape elements, and to encourage their re-use where appropriate. Preservation of other historic resources will also be considered (General Plan Implementation Program OS-27, PEIR, p. 5.5-8). d. The City will encourage owners of local sites to apply for recognition in the State Historic Resources Inventory, as Riverside County Landmarks, as State Points of Historic Interest, as State Landmarks, and as sites Statement of Findings of Fact Temecula General Plan Update 18 on the National Register of Historic Places, as deemed necessary (General Plan Implementation Program OS-27, PEIR, p. 5.5-8). 3. Supporting Explanation At the time individual development projects proceed, if such excavation or grading uncovers archaeological resources, developers will be required to comply with CEQA Section 21083.2 and CEQA Guidelines Section 15064.5 regarding the discovery sensitive archaeological resources. Generally, excavation/grading activity will have to be temporarily suspended to allow for an assessment of the resource and appropriate mitigation. Compliance with these existing regulations for individual development projects will result in less than significant impact (pEIR, p. 5.5-8). E. Geology and Soils 1. Potential Significant Impacts Temecula is located in a seismically active area, as is all of Southern California. Projects developed pursuant to General Plan land use policies will expose additional people and structures to groundshaking hazards associated with earthquakes (pEIR, p. 5.6-5). Seismic activity along regional faults creates the potential for groundshaking impacts within the Planning Area. Portions of the Planning Area are underlain with weak, semi- consolidated bedrock and loose, unconsolidated and often saturated alluvial sediments. These soil types have the potential to liquefy or collapse in the event of a major groundshaking event. The fine-grained components of the bedrock units are potentially expansive. The weak soil, combined with steep slopes and saturated drainage channels, make areas of Temecula susceptible to landslides and mudflows (pEIR, p. 5.6-6). 2. Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final PEIR. Implementation of the following mitigation measures will reduce potential geology and soils impact to a less than significant level: a. The City shall work with the County of Riverside and California Geological Survey to monitor and compile information on faults located within the Planning Area (General Plan Implementation Program PS-4, PEIR, p. 5.6-6). b. The City shall develop a Land Use Suitability Matrix for Alquist- Priolo Earthquake Fault Zones and County Fault Hazards Zones. The matrix will categorize land uses according to risk and develop restrictions for these uses within the Zones (General Plan Implementation Program PS-4, PEIR, p. 5.6-7). c. The City shall: 1) prepare and adopt hillside development standards for site development and drainage that work to control runoff for erosion control and water quality purposes; 2) implement a Hillside Grading Ordinance; 3) require the use of proper soil management techniques to reduce Statement of Findings of Fact Temecula General Plan Update 19 erosion, sedimentation, and other soil-related problems; and 4) implement a grading ordinance to ensure that grading associated with new development projects is conducted in accordance with appropriate geotechnical engineering standards (General Plan Implementation Programs OS-21 , PS-5 and PS-16, PEIR, p. 5.6-7). 3. Supporting Explanation The General Plan Public Safety Element includes goals, policies, and programs that direct the City to identify and mitigate adverse impacts of ground surface rupture at the project level and potential adverse impacts of liquefaction and landslides at the project level; to apply and enforce seismic design standards and building construction codes for new development; to work with property owners to remediate hazardous buildings; and to establish development management techniques to lessen the potential for erosion and landslides and to monitor the potential for seismic events. Impact will be less than significant with implementation of these policies and the implementation programs listed above. The City requires geological and geotechnical investigations on properties where new development is proposed and seismic and geologic hazards are of concern. Liquefaction assessment studies are also required in areas identified as susceptible to liquefaction. Compliance with General Plan Safety Element goals and policies and implementation of existing regulations will ensure that impacts can be avoided. Impact will be less than significant through the application of these policies and continued standard permit review and building practices (pEIR, p.5.6-6). F. Hydrology and Water Quality 1. Potential Significant Impacts New development pursuant to the General Plan will result in approximately 15,800 acre- feet per year (af/yr) of additional water demand, based on the gallons per day per capita average factors reported by EMWD and RCWD (pEIR, p. 5.8-4). New development will result in greater areas of impervious surface such as streets, roofs, sidewalks, and parking lots. The absorption rate for impervious surfaces is less than the fate for natural lands. Instead of being absorbed into the ground, stormwater on impervious surfaces is conveyed into local surface streams and improved channels. Increased runoff volumes and speeds may create nuisance flooding in areas lacking adequate drainage facilities (pEIR, P.5.8-5). 2. Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final PEIR. Implementation of the following mitigation measures will reduce potential hydrology and water quality impact to a less than significant level: a. The City will work with the water districts to promote water conservation and ultimately reduce the demand for peak-hour water supply wastewater capacity, review the adopted Uniform Building Code, and require Statement of Findings of Fact Temecula General Plan Update 20 water conservation measures to reduce water consumption. Such measures may include, but are not limited to, the use of plumbing fixtures that reduce water use, low-flow toilets, drip irrigation systems, and xeriscape landscaping that maximizes the use of drought-tolerant plant species (General Plan Implementation Program OS-4, PEIR, p. 5.8-6). b. The City shall review individual development projects to ensure that adequate stormwater detention facilities are provided to accommodate surface water runoff generated by the project, and where needed, incorporate detention of stormwater runoff at the point of origin (General Plan Implementation Program OS-6, PEIR, p. 5.8-6). c. The City will require drought-tolerant landscaping in new development and where feasible, will require incorporation of reclaimed water systems within landscape irrigation plans (General Plan Implementation Program OS-7, PEIR, p. 5.8-6). d. The City will implement, where appropriate, Water Resource Management Guidelines drafted by the subcommittee comprised of Eastern Municipal Water District and local jurisdictions (General Plan Implementation Program OS-8, PEIR, p. 5.8-6). e. The City shall prohibit the use of underground storage tanks and conventional septic tanks/subsurface disposal systems in any area designated within Zone A of a U.S. Environmental Protection Agency wellhead protection area (General Plan Implementation Program GM-13, PEIR, p. 5.8-6). f. The City shall require all proposed development projects using septic tanks and subsurface disposal systems for the disposal of wastewater to provide detailed geotechnical analysis of the project site and siting recommendations in accordance with the EPA's Design Manual for On-site Wastewater Treatment and Disposal Systems that will ensure no impact to potable water production wells in any area designated within Zone A of a U.S. Environmental Protection Agency wellhead protection area (General Plan Implementation Program GM-13, PEIR, p. 5.8-6). g. Proposed developments shall incorporate measures, including measures required by the City pursuant to the National Pollutant Discharge Elimination System (NPDES) Permit, to ensure that the quantity and quality of runoff discharge does not cause or contribute to the violation of water quality standards. Measures shall be required to avoid discharge of untreated surface runoff from developed and paved areas. Stormwater systems shall be designed to prevent the release of toxins, chemicals, petroleum products, exotic plant materials, or other elements. This can be accomplished using a variety of methods including natural detention basins, grass swales, or mechanical trapping or treatment devices. Regular maintenance shall occur to ensure effective operations of runoff control systems (General Plan Implementation Program OS- 5, PEIR, p. 5.8-7). Statement of Findings of Fact T emecula General Plan Update 21 3. Supporting Explanation To further ensure that groundwater supplies will not be impacted by future development pursuant to implementation of the General Plan, mitigation measures, although not required, are recommended to guarantee that the City work with RCWD and EMWD to investigate additional measures to maintain supply and prevent groundwater depletion (pEIR, p. 5.8-5). Since the General Plan allows for new development within a wellhead protection area designated as a Zone A using criteria of the Environmental Protection Agency, impact could be significant. Mitigation measures have been included that require all proposed development projects using septic tanks and subsurface disposal systems for the disposal of wastewater to provide detailed geotechnical analysis of the project site and siting recommendations that will ensure no impact to potable water production wells ( (pEIR, p. 5.8-5). Temecula participates in the Storm Water Clean Water Protection Program and therefore requires all development project applicants to prepare a Storm Water Pollution Prevention Plan (SWPPP) to mitigate construction-related water quality impacts associated with storm events. In addition, all development proposals must include a Water Quality Management Plan that includes Best Management Practices (BMPs) and outlines how water quality impacts will be minimized during project operation. Compliance with these existing regulations will ensure a less than significant impact on the water quality in surface water bodies. Mitigation measures, although not required, are recommended to maintain adequate stormwater drainage (pEIR, p. 5.8-6). G. Land Use and Pianning 1. Potential Significant Impacts Riverside County's Southwest Area Plan (SWAP), as presented in the Riverside County Integrated Plan, envisions substantial amounts of new development surrounding Temecula. The City's General Plan Land Use Policy Map incorporates SWAP- recommended uses for unincorporated areas, and thus no direct conflict between the two plans results. However, development in unincorporated areas pursuant to the SWAP, particularly within the French Valley area, will result in significant impacts with respect to traffic, air quality, and resources that are beyond the City's ability to control. The City has developed a land use plan for the French Valley Area (shown on the proposed Land Use Policy Map) and has designated this area as a Future Growth Area. This part of the land use plan is substantially similar to the County General Plan in this area. The intent of these steps is to ensure that future annexations are beneficial additions to the City, and to minimize impacts of future development in the area on City roads and infrastructure (pEIR, p. 5.9-9). Proposed General Plan land use policy may conflict with provisions of the current City Development Code and the Riverside County Zoning Ordinance, particularly with regard to land use designation/zoning consistency. For example, areas designated on the Land Use Policy Map as Rural Residential or Vineyards/Agricultural conflict with current Statement of Findings of Fact Temecula General Plan Update 22 zoning, as these are new designations that do not have corresponding zoning districts within the City's Development Code (pEIR, p. 5.9-9). The General Plan includes three Mixed-Use Overlay Areas, identified within the Land Use Element of the proposed General Plan, that apply within the Temecula Redevelopment Project Area. In some cases, the Overlay Areas provide for the addition of residential units within existing shopping centers. On other properties, new mixed-use projects could be constructed. In both scenarios, residential units will likely be introduced within the Redevelopment Project Area, and development intensity may increase (pEIR, p. 5.9-10). Implementation of General Plan policies and programs will ensure that development pursuant to the General Plan within the French Valley Airport area of influence does not conflict with the current County ALUCP for French Valley Airport. Implementation Program LU-24 is required as a mitigation measure to ensure consistency between the General Plan and ALUCP (pEIR, p. 5.9-14). Development pursuant to the General Plan Land Use Element could be inconsistent with some of the development standards outlined in currently adopted specific plans, particularly those under the jurisdiction of the County of Riverside within the City's sphere of influence (pEIR, p. 5.9-23). 2. Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final PEIR. Implementation of the following mitigation measures will reduce potential land use and planning impacts to a less than significant level: a. The City shall require preparation of an annexation plan and fiscal analysis prior to annexation of new areas to the City. Within the annexation plan, applicants must show how adequate levels of public services and facilities will be provided to serve the new development without reducing service levels for currently urbanized areas. The fiscal analysis shall determine the impact that additional development will have on current Temecula neighborhoods and on the community as a whole, including any impact fees necessary to offset public costs caused by the proposed project, and shall include an examination of fiscal and service impacts of the proposed project on roads, water, sewer, storm water runoff, fire, police, schools, libraries and other community facilities (General Plan Implementation Program LU-15, PEIR, p. 5.9-24). b. The City shall review implementation of the General Plan and Land Use Policy Map to ensure consistency is maintained between the General Plan and the Development Code (General Plan I mplementation Program LU-1, PEIR, p.5.9-24). c. The City shall review and update the Development Code to ensure consistency with the General Plan (General Plan Implementation Program LU-3, PEIR, p. 5.9-24). Statement of Findings of Fact Temecula General Plan Update 23 d. The City shall implement and update as necessary the Redevelopment Plan to establish consistency with the General Plan and amended Development Code (General Plan Implementation Program LU-11, PEIR, p. 5.9-24). e. The City shall ensure consistency with the County Airport Land Use Compatibility Plan (ALUCP) for French Valley Airport through the following measures: . The City shall review development projects within the French Valley Airport area of influence, and participate in any future updates to the ALUCP and Master Plan for the Airport, in conjunction with the Riverside County Airport Land Use Commission. . The City shall require project proponents to obtain avigation easements as required by the ALUCP to ensure that landowners acknowledge potential impacts associated with aircraft. (General Plan Implementation Program LU-24, PEIR, p. 5.9-24) f. The City shall review and update the Five-Year Capital Improvement Program (CIP) on an annual basis to achieve consistency with improvements identified within the General Plan, and to meet changing needs, priorities, and financial conditions (General Plan Implementation Program LU-17, PEIR, p. 5.9-24). g. The City shall cooperate with Riverside County LAFCO and the County of Riverside to direct growth outside the City limits to the French Valley Future Growth Area, on lands that are served or are planned to be served with a full range of urban services, such as public water and sewer, local and regional road networks demonstrating adequate capacity, safety and emergency response services, parks, trails and open spaces (General Plan Implementation Program LU-16, PEIR, p. 5.9-24). h. The City shall continue to implement the procedures, requirements and contents of specific plans contained in the Development Code. Properties under single ownership or multiple ownership which are generally over 100 acres will utilize the specific plan or village center plan as an implementation tool. Private landowners or the City may undertake the preparation or amendment of a specific plan, in accordance with Government Code Section 65450. Specific plans shall include the location of land uses; standards to regulate height, bulk and setback limits; standards for constructing proposed streets; standards for population density and building intensity; standards for conservation and management of natural resources; and implementation provisions to carry out the Open Space/Conservation Element (General Plan Implementation Program LU-5,PEIR, p. 5.9-25). 3. Supporting Explanation Mitigation measures have been included that: 1) describe annexation requirements for surrounding areas, and 2) require the City to cooperate with Riverside County LAFCO and the County of Riverside to direct growth outside the City limits to the French Valley Statement of Findings of Fact Temecula General Plan Update 24 Future Growth Area, on lands that are served or are planned to be served with a full range of urban services, such as public water and sewer, local and regional road networks demonstrating adequate capacity, safety and emergency response services, parks, trails and open spaces. Impact will be less than significant with implementation of these measures (pEIR, p. 5.9-23). To avoid conflict, mitigation measures are included that: 1) describe annexation requirements for surrounding areas; 2) require the City to periodically review and update the General Plan Land Use Policy Map, and to review and update the Development Code and Specific Plans to be consistent with the updated General Plan; and 3) require the City to continue to implement the procedures, requirements, and contents of specific plans contained in the Development Code. Impact will be less than significant with implementation of these measures (pEIR, p. 5.9-23). H. Noise 1. Potential Significant Impacts Noise Standards Future noise levels along major streets in the City are projected to range from approximately 60 dB(A) to 75 dB(A) CNEL. In some portions of the community, the 60 dB noise contour could expand by as much as 395 feet. Although some roadway segments could experience a decrease, wide-ranging variability exists across the roadway network. As a result, new development pursuant to the proposed General Plan could conflict with adopted noise standards. This is considered a significant impact, and mitigation is required (pEIR, p. 5.10-9). Groundborne Vibration or Noise Long-term implementation of the General Plan could expose persons to excessive groundborne vibration and/or noise. Problems could arise in cases where noise- producing uses are located immediately adjacent to sensitive uses, such as business park areas near residences or schools. Mixed-use projects, such as those encouraged within four Mixed Use Overlay Areas identified in the General Plan Land Use Element, also present unique concerns, such as when restaurants with nighttime entertainment are located close to residential units. In addition, construction-related activities will be short-term sources of groundborne noise that could affect occupants of neighboring uses. These are potentially significant impacts at the project level, and mitigation is required (pEIR, p. 5.10-12). Ambient Noise Levels Transportation-related noise is the strongest contributor to ambient noise levels within the Temecula Planning Area. Future noise levels along major streets within the City are projected to increase due to additional trips on the roadway. New noise levels associated with new transportation facilities shown on the City's Roadway Plan will increase the permanent ambient noise level in the City. These increases in permanent ambient noise levels are considered a significant impact, and mitigation is required. Statement of Findings of Fact Temecula General Plan Update 25 Long-term implementation of the General Plan creates capacity for additional development within the Planning Area, which could result in substantial temporary or periodic increases in ambient noise levels due to construction activities. Construction equipment generates high levels of intermittent noise ranging from 70 dB(A) to 105 dB(A), and thus will result in a significant impact where noise-sensitive land uses adjoin construction sites. Although construction-related noise will be short term for each specific construction project and will cease upon completion of construction, the cumulative impact over time could be significant at specific locations (pEIR, p. 5.10-12). 2. Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final PEIR. Implementation of the following mitigation measures will reduce potential noise impact to a less than significant level: a. The City will review residential and other noise-sensitive development proposals to ensure that noise standards and compatibility criteria are met, and will require incorporation of noise-mitigating features identified in acoustical studies prepared for development projects including, but not limited to, the following measures identified in the Noise Element (General Plan Implementation Programs N-1, N-3, N-5 and N-7). . Use of building setbacks to increase distance between noise sources and receivers . Placing noise tolerant land uses such as parking lots, maintenance facilities, and utility areas between noise sources and receptors. . Orienting or clustering buildings to shield outdoor spaces from noise sources. . Placing bedrooms on the side of a house, facing away from major roadways. . Placement of noise tolerant rooms (e.g. garages, bathrooms and kitchens) to shield noise-sensitive portions of homes. . Use of additional insulation and double-pane windows when bedrooms cannot be located on the side of a house away from a major roadway. . Avoid placement of balconies facing major travel routes. (pEIR, p. 5.10-14) b. Where architectural design treatments described in mitigation measure a above fail to adequately reduce adverse noise levels or will significantly increase the costs of land development, the City will require the combined use of noise barriers and landscaped berms (General Plan Implementation Program N-7, PEIR, p. 5.10-14). c. The City will require all non-emergency construction activity to comply with the limits (maximum noise levels, hours and days of activity) established in State and City noise regulations (Title 24 California Code of Regulations, Temecula Development Code and Chapter 8.32 of the Municipal Code), and will require proposed industrial or commercial projects located near residential areas to demonstrate that the project, when constructed, will meet City noise reduction requirements (General Plan Implementation Program N-2, PEIR, p. 5.10-16). Statement of Findings of Fact Temecula General Plan Update 26 d. During review of development applications, the City will consider the noise and vibration impacts of the proposed land use on current or planned adjacent uses (General Plan Implementation Program N-4, PEIR, p. 5.10-16). e. The City will: 1) incorporate noise control measures, such as sound walls and berms, into roadway improvement projects to mitigate impacts to adjacent development; 2) provide noise control for City streets within the Planning Area experiencing unique noise problems; 3) use the ultimate roadway capacity at LOS C and the posted speed limit to estimate maximum future noise impacts; and 4) coordinate with the Riverside County Sheriff's Department and the California Highway Patrol to enforce the California Vehicle Code noise standards for cars, trucks, and motorcycles (General Plan Implementation Program N-8, PEIR, p. 5.10-16). 3. Supporting Explanation With implementation of mitigation measures list above, land/use noise compatibility impacts can be addressed at the project level to avoid impact. Impacts resulting from groundborne vibrations or noise will be reduced to a less than significant level (pEIR, p. 5.10-16). I. Public Services/Recreation 1. Potential Significant Impacts Fire and Police Protection Development projects anticipated to occur pursuant to General Plan policy will result in increased demand for fire and police protection services and facilities, as well as increased demand for water resources for fire protection and other emergencies. This represents a significant impact. The Fire Department conducts final construction plan check reviews and issues certificates of occupancy for all new development projects. Projects within the City limits are also required to pay Development Impact Fees (DIF) to fund the expansion of fire protection and emergency services. Nonetheless, mitigation measures are required to reduce impact to a level below significance (pEIR, p. 5.12-4). Libraries The new Temecula Public Library will have 34,000 square feet of library space and 80,000 volumes. Additional volumes are available through the Library District's branch library system and interlibrary loan agreements. Nevertheless, residential development projects anticipated to occur pursuant to General Plan policy will result in demand for library resources beyond those provided by the new Temecula Public Library. Even with the opening of the new library, new development associated with long-term implementation of the General Plan will require the construction of new or expanded library facilities. Impact will be significant, and mitigation measures have been added to the project (pEIR, p. 5.12-10). Statement of Findings of Fact Temecula General Plan Update 27 Parks and Recreation Residential development projects anticipated to occur pursuant to General Plan policy will require the City to provide 204 net new acres of parkland to meet parkland per capita goals. This net new acreage is in addition to the acreage needed to meet an existing 164-acre deficit. Sufficient parkland to meet the needs of existing residents is anticipated to be provided by the year 2013 through the acquisition and dedication of parks and school facilities within identified specific plan areas. However, new development projects pursuant to the General Plan will result in increased use of existing neighborhood and regional parks, other recreational facilities, and trails, and this increased use may cause or accelerate substantial physical deterioration of these facilities. Impact will be significant, and mitigation measures are required (pEIR, p. 5.12- 14). 2. Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final PEIR. Implementation of the following mitigation measures will reduce potential public services/recreation impact to a less than significant level: Fire and Police a. The City will periodically evaluate levels of sheriff, fire, and emergency medical services, based on changes in population and development, and will: 1) provide a minimum of one full-time officer per 1,000 residents for police protection services; 2) maintain facilities, staffing, and equipment necessary to maintain a five-minute response time for 90 percent of all emergencies; and 3) implement new programs to meet the changing needs of residents (General Plan Implementation Program GM-4, PEIR, p. 5.12-4). b. As part of the development review process, the City will require new development projects to address fire and police protection proactively, through all-weather access street design, orientation of entryways, siting of structures, landscaping, lighting, and other security features; and will require illuminated addresses on new construction (General Plan Implementation Program GM-5, PEIR, p. 5.12-4). Libraries c. The City will identify and solicit funding from additional sources to supplement library facilities and services. Such funding sources may include State and federal grants and loans, public and private donations, sponsorships by local and national corporations, and other private individuals and groups (General Plan Implementation Program GM-7, PEIR, p. 5.12-10). d. The City will coordinate with the County to determine location, facilities, and services of new branch libraries needed to serve the community (General Plan Implementation Program GM-7, PEIR, p. 5.12-10). Statement of Findings of Fact Temecula General Plan Update 28 Parks e. The City will identify potential sites for additional park land, monitor demand for park land and facilities concurrent with development approvals, and prioritize potential parkland acquisitions, expansions, and improvements within the five year Capital Improvement Program, consistent with the adopted Parks and Recreation Master Plan (General Plan Implementation Program OS-1, PEIR, p. 5.12-14). f. The City shall continue to implement a local code that incorporates standards for parkland dedication and development. Specifically the City shall: 1) require the dedication of parkland or the payment of in-lieu fees and the development of recreation facilities for all new development; and 2) require developers of residential projects greater than 200 units to dedicate land based on the park acre standard of five acres of usable parkland to 1,000 residents (General Plan Implementation Program OS-2, PEIR, p. 5.12-14). g. The City shall: 1) implement policies and standards of the Parks and Recreation and Multi-Use Trails and Bikeways Master Plans, including trail classifications, design standards, implementation mechanisms, and capital improvement programming; and 2) ensure that bike routes are provided or reserved concurrent with new development (General Plan Implementation Program OS-29, PEIR, p. 5.12-14). 3. Supporting Explanation The City will continue to collect Development Impact Fees to offset impacts on fire and police protection services, and to require that design features be incorporated into projects to minimize threats to public safety. Adequate mitigation is included and adopted as General Plan implementation programs to expand library services and facilities as demand dictates, and to provide park lands and other recreation facilities for existing and future residents. The implementation/mitigation cited above will reduce impact to less than significant levels (pEIR, pp. 5.12-4, 5.12-10, 5.12-14). J. Utilities and Service Systems 1. Potential Significant Impacts Water Supplv Buildout pursuant to General Plan land use policy will not result in demand for water service that exceeds RCWD's planned future supply in 2020. Impact on the RCWD's ability to provide water will be less than significant. However, increased demand by agriculture and other water users within RCWD's service area could lead to an impact on future water supply (pEIR, p. 5.14-3). Buildout pursuant to General Plan land use policy will not result in demand for water service that exceeds EMWD's planned future supply. Impact on EMWD's ability to provide water will be less than significant. However, increased demand by other water users in the district's service area could lead to an impact on future water supply (pEIR, p.5.14-3). Statement of Findings of Fact Temecula General Plan Update 29 Wastewater Estimated future wastewater treatment demand required to support the project is one million gallon per day (mgd) greater than the projected capacity of water treatment facilities currently serving Temecula. Given that future demand is based upon a very long- term buildout horizon, the one mgd difference is not considered significant, although additional mitigation is included in the PEIR to provide for continued monitoring and potentially an update of EMWD's master plan to reflect Temecula's projections (pEIR, p. 5.14-5). Enerqv The demand for electricity is anticipated to increase by about 102.1 megawatt hours (mwh) per month. Southern California Edison will construct additional electricity facilities as necessary to meet increased demand. The future energy supply for the Temecula and California is considered a major task for long-range planning. SCE will need to consider the future generation of electricity with careful consideration of the anticipated peak usage within its service areas (pEIR, p. 5.14-9). The demand for natural gas is anticipated to increase by approximately 104.49 million cubic feet (mcf) per month. The Gas Company will work with the City as new developments are proposed to construct additional natural gas infrastructure as necessary to meet demand. The Gas Company will consider the future gas supply for its service areas with attentive consideration since the majority of gas consumed in California is transported from out-of-state sources (pEIR, p. 5.14-10). Solid Waste Solid waste generation is anticipated to increase by 425,271 pounds per day, for a total of about 876,443 pounds per day at General Plan buildout. The City currently manages a residential recycling program that diverts nearly 50 percent of the solid waste generated. Furthermore, the Riverside County Waste Management Department expects to expand the capacity of both EI Sobrante and Badlands Sanitary Landfills. The City will continue to implement solid waste reduction programs in compliance with Section 40050 et seq. of the California Public Resources Code. Thus, although implementation of the General Plan will result in new development and redevelopment within the Planning Area and related increases in solid waste generation, impact will be less than significant with mitigation (pEIR, p. 5.14-12). 2. Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final PEIR. Implementation of the following mitigation measures will reduce potential utilities and service systems impact to a less than significant level: Water Supplv a. The City shall assist the Rancho California and Eastern Municipal Water Districts in the process of updating their urban water management plans to be Statement of Findings of Fact Temecula General Plan Update 30 responsive to the population and housing unit capacities established by the General Plan (General Plan Implementation Program GM-8, PEIR, p. 5.14-4). b. The City shall review the adopted Uniform Building Code and require new development projects to include water conservation features to reduce consumption, including, but not limited to: use of reduced-flow plumbing fix1ures, low-flow toilets, drip irrigation systems and xeriscape landscaping (General Plan Implementation Program OS-4, PEIR, p. 5.14-4). c. The City shall ensure that discretionary projects implementing the General Plan (Specific Plans, land divisions, development plans and conditional use permits) comply with California Water Code Section 10910, requiring the preparation of a water supply assessment indicating that a long-term water supply for a 20-year time frame is available. Written acknowledgement that water will be provided by a community or public water system with an adopted urban water management plan that includes consideration of the project's water consumption and supply shall constitute compliance with this requirement (General Plan Implementation Program OS-38, PEIR, p. 5.14-4). d. The City shall: 1) continue to require drought-tolerant landscaping in new development projects; 2) where feasible, incorporate reclaimed water systems into landscape irrigation plans; 3) continue to implement a recycled water ordinance in accordance with the requirements of Senate Bill 2095, Water Recycling in Landscaping Act; and 4) convert existing City of Temecula non-domestic water uses to recycled water use in accordance with Sections 13550-13556 of the State Water Code when feasible (General Plan Implementation Program OS-7, PEIR, p. 5.14-4). Wastewater e. The City shall assist the Eastern Municipal Water District in the process of updating its water master plan for projecting wastewater service to be responsive to the population and housing unit capacities established by the General Plan (General Plan Implementation Program GM-8, PEIR, p. 5.14-6). Enerqv f. The City shall coordinate with Southern California Edison, the Southern California Gas Company, and other responsible companies to provide for the continued maintenance, development, and expansion of electricity and natural gas systems (General Plan Implementation Program GM-11, PEIR, p. 5.14-9). g. The City shall participate in the formation of regional siting plans and policies for energy facilities (General Plan Implementation Program OS-15, PEIR, p. 5.14-10). h. The City shall implement land use and building controls that require new development to comply with the California State Energy Regulation requirements (General Plan Implementation Program OS-17, PEIR, p. 5.14-10). i. The City shall 1) enforce all current residential and commercial California Energy Commission energy conservation standards, 2) encourage public institutions to use high-efficiency heating and cooling systems, advanced lighting systems, and Statement of Findings of Fact Temecula General Plan Update 31 passive solar systems to reduce energy use; and 3) adopt project-related energy conservation guidelines that are incorporated within the development approval process to promote and require conservation strategies as development occurs (General Plan Implementation Program OS-18, PEIR, p. 5.14-10). Solid Waste j. The City will 1) assist the Riverside County Solid Waste Management Department to implement the County's Solid Waste Management Plan, and when feasible and appropriate, assist the County in locating cost effective and environmentally acceptable solid waste sites and facilities; and 2) promote awareness of recycling options for businesses (General Plan Implementation Program GM-10, PEIR, p. 5.14-12). k. The City will require incorporation of recycling as a condition of approval for all multi-family residential, commercial and office projects, and will work with the private sector contractor providing solid waste services to ensure that appropriate recycling containers, procedures, and education are readily available (General Plan Implementation Program GM-14, PEIR, p. 5.14-12). J. The City shall continue to compost green waste collected from landscape and park maintenance (General Plan Implementation Program GM-15, PEIR, p. 5.14- 12). 3. Supporting Explanation The proposed project will create increased demand for utilities and service systems at both the local and regional levels. After mitigation, potential project impacts are reduced to a less than significant level. Section 4. The City Council hereby finds that, despite the incorporation of mitigation measures outlined in the PEIR, the following impacts cannot be fully mitigated to a less than significant level, and a Statement of Overriding Considerations is therefore included herein: A. Air Quality - Short-term Construction Related, Long-term, and Cumulative 1. Potential Significant Impact The proposed project will have a short-term impact on air quality from construction activities. While individual development projects will be required to employ construction approaches that minimize pollutant emissions (e.g., watering for dust control, tuning of equipment and limiting truck traffic to non-peak hours), on a cumulative basis over the nex1 20 years, pollutant emissions associated with construction activity will be significant, and mitigation is required (pEIR, p. 5.3-9). The proposed project will add emissions to a non-attainment air basin. Levels of PMlO have exceeded State standards regularly in the past and are expected to continue exceeding these standards in the future. Therefore, long-term air quality impacts resulting from adoption and implementation of the proposed General Plan will be significant, and mitigation measures are required (pEIR, p. 5.3-10). Statement of Findings of Fact Temecula General Plan Update 32 2. Findings Implementation of the following mitigation measures will reduce short-term, long-term, and cumulative air quality impacts to the extent feasible: a. The City will support regional transit initiatives and promote development of high-speed rail service connecting Temecula to San Diego and Los Angeles; actively participate in efforts to protect and improve air quality in the region; and attend meetings with the County of Riverside, WRCOG, SCAQMD, SCAG, and other agencies as required to support these objectives and fulfill Temecula's requirements and obligations under the AQMP and Sub-Regional Air Quality Implementation Program (General Plan Implementation Program AQ-1, PEIR, p. 5.3-11). b. The City will continue to involve the general public, environmental groups, the business community, and special interest groups in the formulation and implementation of air quality programs; conduct periodic public outreach efforts; and continue to promote public education as a method of employer compliance with the City Trip Reduction Ordinance (General Plan Implementation Program AQ-2, PEIR, p. 5.3- 11 ). c. The City will adhere to policies and programs of the Land Use Element, including development of mixed-use projects where designated and feasible (General Plan Implementation Program AQ-3, PEIR, p. 5.3-12). d. The City will encourage development and expansion of businesses, and promote development of housing affordable to all segments of the community near job opportunity sites, and within Mixed Use Overlay Areas (General Plan Implementation Program AQ-4, PEIR, p. 5.3-12). e. The City will continue to implement a site development permit process and use the California Environmental Quality Act (CEQA) in the review of proposed development projects. The City shall require individual development projects to comply with the following measures to minimize short-term, construction-related PM,o and NOx emissions, and to minimize off-site impacts: . Water all active construction areas at least twice daily. . Cover all haul trucks or maintain at least two feet of freeboard. . Pave or apply water four times daily to all unpaved parking or staging areas. . Sweep or wash any site access points within 30 minutes of any visible dirt deposition on any public roadway. . Cover or water twice daily anyon-site stockpiles of debris, dirt or other dusty material. . Suspend all operations on any unpaved surface if winds exceed 25 mph. . Hydroseed or otherwise stabilize any cleared area which is to remain in active for more than 96 hours after clearing is completed. . Ensure that all cut and fill slopes are permanently protected from erosion. . Require the construction contractor to ensure that all construction equipment is maintained in peak working order. . Limit allowable idling to 10 minutes for trucks and heavy equipment. . Encourage car pooling for construction workers. . Limit lane closures to off-peak travel periods. Statement of Findings of Fact Temecula General Plan Update 33 . Park construction vehicles off traveled roadways. Wet down or cover dirt hauled off-site. Wash or sweep away access points daily. Encourage receipt of materials during non-peak traffic hours. Sandbag construction sites for erosion control. . . . . Approve development that could significantly impact air quality, either individually or cumulatively, only if it is conditioned with all reasonable mitigation measures to avoid, minimize, or offset the impact. (General Plan Implementation Programs LU-4 and AQ-5, PEIR, p. 5.3-12). f. The City will ensure location of new sensitive receptors away from major air pollution sources, and require buffering of sensitive receptors from air pollution sources through the use of landscaping, open space, and other separation techniques (General Plan Implementation Program AQ-6, Draft EIR, p. 5.3-12). g. The City will incorporate strategies into City-wide design guidelines and development standards that promote a pedestrian-scale environment, encourage use of mass transit, and reduce dependence on the automobile (General Plan Implementation Program AQ-7, PEIR, p. 5.3-13). h. The City will promote the use of alternative work weeks, flex1ime, telecommuting, and work-at-home programs among employers in Temecula, and continue to enforce provisions of the City Trip Reduction Ordinance, including requirements for preparation of Trip Reduction Plans (TRPs) for qualifying development projects and employers (General Plan Implementation Program AQ-8, PEIR, p. 5.3-13). i. The City will require employee rideshare and transit incentives for large employers, consistent with the requirements of the City's Trip Reduction Ordinance, and continue to encourage voluntary compliance with the Ordinance for smaller employers (General Plan Implementation Program AQ-9, Draft EIR, p. 5.3-13). j. The City will require operators of large scale outdoor events to submit a Trip Reduction Plan (TRP) applicable to both patrons and employees during the course of the event, and encourage special event operators to advertise and offer discount parking incentives to carpooling patrons, with two or more persons per vehicle, for on- site parking facilities (General Plan Implementation Program AQ-10, PEIR, p. 5.3-13). k. The City will work to achieve local performance goals for vehicle miles traveled (VMT) reduction, consistent with SCAG's Growth Management Plan recommended standards for the Western Riverside County sub-region, and enforce requirements and options within the Trip Reduction Ordinance (General Plan Implementation Program AQ-11, PEIR, p. 5.3-13). I. The City will promote and encourage the use of alternative fuel vehicles and consider the adoption of an ordinance requiring provision of alternative fueling stations at or near major employment locations, shopping centers, public facilities, and mixed-use developments (General Plan Implementation Program AQ-12, PEIR, p. 5.3- 13). Statement of Findings of Fact Temecula General Plan Update 34 m. The City will encourage pedestrian and bicycle trips as an alternative to single-occupancy vehicle trips by constructing and maintaining trails and bikeways specified in the Multi-Use Trails and Bikeways Master Plan, and will periodically update the Master Plan as needed to meet resident needs and City objectives (General Plan Implementation Program AQ-13, PEIR, p. 5.3-13). n. The City will work with Caltrans and RTA to identify potential sites for Park and Ride facilities adjacent to key commuting routes within the City, and to prioritize development of such facilities in corridors served by more than one mode of planned transportation (automobile, transit, and/or high-speed rail) (General Plan Implementation Program AQ-14, PEIR, p. 5.3-13). o. The City will require incorporation of energy efficient design elements in residential, commercial, light industrial and mixed-use development projects. Examples may include (but are not limited to) the following. . Site orientation strategies that use shade and windbreak trees to reduce fossil fuel consumption for heating and cooling. . Building designs that maximize use of natural lighting, provide for task lighting, and specific high-efficiency electric lighting (General Plan Implementation Program AQ-15, PEIR, p. 5.3-13). p. The City will improve roadway capacity by restricting on-street parking, improving signal timing, widening intersections, adding through and turn lanes, and other transportation systems management measures (General Plan Implementation Program C-3, PEIR, p. 5.3-14). q. The City will develop and promote park and ride and Transit Oasis facilities, and encourage preferred parking for ride-sharing and low emission vehicles (General Plan Implementation Program C-18, PEIR, p. 5.3-14). r. The City will continue to work with trucking industry representatives to orient trucks to truck routes, and to divert commercial truck traffic to off-peak periods to reduce congestion and diesel emissions (General Plan Implementation Program C-19, PEIR, p. 5.3-14). Specific economic, legal, social, technological, or other considerations, including the provision of employment opportunities for highly trained workers, make infeasible the imposition of additional mitigation measures. 3. Supporting Explanation The proposed project is anticipated to exceed SCAQMD's daily threshold emission levels of PMlO for construction activities. Further, the addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact. Mitigation measures are proposed and will be included as General Plan implementation programs to reduce this impact. The General Plan will facilitate construction of new development throughout the Planning Area over an approximate ten-year period, which will result in air quality impact due to construction activities. The addition of emissions to an air basin designated as non- Statement of Findings of Fact T emecula General Plan Update 35 attainment is considered under CEQA to be a significant impact. The project's incremental contribution to this impact will be reduced by mitigation measures a through r above. The project's incremental impact, after mitigation, remains significant. With implementation of goals and policies in the General Plan and incorporation of the mitigation measures into the General Plan as implementation programs, air quality impacts will be substantially lessened. However, the degree to which these measures will reduce particulate matter emissions and construction-related emissions cannot be quantified at this time. Air pollutant levels will still continue to exceed the SCAQMD threshold criteria for significance. Impact will be significant and unavoidable (pEIR, p. 5.3-14). Under CEQA Guidelines Section 15093, a Statement of Overriding Considerations would need to be adopted for the air quality impacts, which remain significant and unavoidable after mitigation (pEIR, p. 5.3-14). B. Transportation 1. Potential Significant Impacts Long-range implementation of General Plan land use policy will create new operating deficiencies at the following three intersection locations: . Ynez Road and Winchester Road - LOS E at P.M. peak hour . Ynez Road and Solana Way - LOS E at P.M. peak hour . Ynez Road and Rancho California Road - LOS E at P.M. peak hour Impact will be significant at these intersections. Mitigation measures are required to reduce the level of impact (pEIR, p. 5.13-15). Long-range implementation of General Plan land use policy will create new operating deficiencies at the following six freeway ramps: . Winchester Road Direct northbound on-ramp - LOS F at P.M. peak hour . Winchester Road Loop northbound on-ramp - LOS F P.M. peak hour . Southern Bypass/Anza Road southbound on-ramp - LOS F at A.M. peak hour . Winchester Road northbound off-ramp - LOS F at P.M. peak hour . French Valley Parkway southbound off-ramp - LOS F at A.M. peak hour . Winchester Road southbound off-ramp - LOS F at A.M. and P.M. peak hours Impact will be significant at these freeway ramps. Mitigation measures are required to reduce the level of impact (pEIR, p. 5.13-18). 2. Findings Implementing the following mitigation measures will reduce transportation impacts to the extent feasible: a. The City will: 1) prioritize, secure funding, design, and build new roadways and complete roadway improvements using the established Capital Improvement Plan process to implement the circulation system shown on the proposed Roadway Plan concurrent with land development; and 2) require that new roadways Statement of Findings of Fact Temecula General Plan Update 36 meet roadway classification design specifications and performance criteria established in the proposed Circulation Element. Table 1 summarizes new roadways and arterial widening projects required to implement the proposed Roadway Plan 1 (General Plan Implementation Program C-1, PEIR, p. 5.13-18). b. The City will monitor the performance of Principal Intersections on an ongoing basis and ensure that Principal Intersections approaching Level of Service D are prioritized for improvement within the City's Five-Year Capital Improvement Program (General Plan Implementation Program C-3, PEIR, p. 5.13-19). c. The City will: 1) continue to update the Capital Improvement Plan on an annual basis to plan for and fund future improvements to the roadway, pedestrian, and bicycle systems; 2) identify available funding sources and establish a financing plan to guide construction and funding of transportation system improvements, and 3) require new development projects to construct and/or fund in whole or in part necessary traffic improvements associated with the proposed project, through the assessment and collection of traffic impact fees. Such improvements should address both automotive, as well as alternative means of transportation (General Plan Implementation Program C-5, PEIR, p. 5.13-19). d. The City will require additional dedication of right-of-way on all approaches to Principal Intersections. Such right-of-way shall be preserved for future intersection improvements that may be required at these intersections, such as full width auxiliary turn lanes and/or dual-left turn lanes (General Plan Implementation Program C- 4, PEIR, p. 5.13-19). e. The City will implement the following procedures and requirements to minimize impacts of proposed development projects on the City's circulation system, and to encourage increased use of alternative transportation: . Evaluate development proposals for potential impacts to the transportation and infrastructure system. . Require mitigation in the form of physical improvements and/or impact fees for significant impacts prior to or concurrent with project development. . Require dedication of adequate right-of-way along new roadways to permit pedestrian and bicycle facilities. . Require new development to incorporate design features that facilitate transit service and encourage transit ridership, such as bus pullout areas, covered bus stop facilities, efficient trail systems through projects to transit stops, installation of bike lanes, bikeways, and bicycle parking, and incorporation of pedestrian walkways that pass through subdivision boundary walls, as appropriate. . Require new specific plans and other projects to provide an internal system of pathways and trails. Trails should link schools, shopping centers, transit, and other public facilities in residential areas. . Require transportation demand management plans to be submitted for preliminary review at the Specific Plan or Development Plan stage of site development and 1 The improvements described in Table 1 respond to the likely future operating conditions of the roadway network. Details regarding the configuration of proposed improvements represent the best options available based on current information. Actual improvements, particularly those at intersections, will be established through engineering design. Statement of Findings of Fact Temecula General Plan Update 37 submitted for final approval prior to issuance of building permits (General Plan Implementation Program C-6, PEIR, p. 5.13-19). f. The City will: 1) identify local streets that are currently closed that may benefit citywide circulation if the street was re-opened or construction of the street was completed; 2) assess the feasibility of opening previously closed streets or completing construction of local connecting streets that benefit citywide circulation on a case-by- case basis, providing ample opportunity for both neighborhood residents and the community at-large to comment on such proposals, and 3) establish a review process for the future closing of any local street that requires City Council determination that the closure does not have an adverse affect on citywide circulation (General Plan Implementation Program C-7, PEIR, p. 5.13-22). g. The City will: 1) continue to work with WRCOG, SCAG and others to advocate future commuter or high speed rail service connecting Temecula to Los Angeles, Riverside and San Diego; 2) ensure that any future commuter rail corridor serving Temecula is located on the west side of 1-15 to reduce noise impacts on residential areas; and 3) require new commercial, industrial, or mixed use development in areas surrounding proposed stations to include transit-oriented design amenities (General Plan Implementation Program C-12, PEIR, p. 5.13-22). h. The City will promote the use of alternative work weeks, flex1ime, telecommuting, and work-at-home programs among employers in Temecula, and continue to enforce provisions of the City's Trip Reduction Program Ordinance, including requirements for preparation of Trip Reduction Plans (TRPs) for qualifying development projects and employers (General Plan Implementation Program C-13, PEIR, p. 5.13-22). i. The City will implement the adopted Multi-Use Trails and Bikeways Master Plan to complete design and construction of a comprehensive alternative transportation network, promote safe use of the trail system, and ensure accessibility of pedestrian facilities to the disabled (General Plan Implementation Program C-15, PEIR, p.5.13-22). j. The City will continue to improve transit service and encourage ridership through the following actions: . Require transit facilities in major new development and rehabilitation projects. . Coordinate with providers to get more frequent service and broader transit coverage serving employment, shopping, educational, recreational, and residential areas. . Work with providers to identify and receive additional funding sources for additional transit services. Statement of Findings of Fact Temecula General Plan Update 38 III .. (J I'll Co .5 E ... CIl I- , Cl C o ..J CIl .. I'll Cl E :iE ......s ~"C ,QCIl ca.: 1-::1 tr CIl a: III .. C CIl E CIl > o ... 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I~ :5 ='0 ~ ~ >0 .<:a: o ~ c N ~ C LL< .l!l - ~ 0'0 "e. LL::J oc ",,!!l 0>0. .5 ta 'O~ .5 Q) LLC -" oC) c.s! " ~ EO " " - E ~" 00.... The City will also collaborate with providers to identify needs and provide special transit services beyond fixed-route buses. Potential services include, but are not limited to: . Subscription or dial-a-ride service for lower density residential areas . Offering limited transit service between outlying residential areas and the City's commercial/employment core . Shuttle or trolley service between Old Town and other destinations along the 1-15 commercial corridor, and expanded service to other areas, including the wineries along Rancho California Road, as opportunities arise . Providing bicycle carrying racks on buses. (General Plan Implementation Program C-16, PEIR, p. 5.13-22) k. The City will encourage carpooling and use of public transportation in Temecula through the following measures: . Develop and promote park and ride and Transit Oasis facilities within the City. . Encourage preferred parking for ride sharing and low emission vehicles (General Plan Implementation Program C-18, PEIR, p. 5.13-23). Additional changes or alterations to the regional circulation system are within the responsibility and jurisdiction of another public agency and not the City of Temecula. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Also, specific economic, legal, social, technological, or other considerations, including the provision of employment opportunities for highly trained workers, make infeasible additional mitigation measures. 3. Supporting Explanation Even with implementation of mitigation measures, significantly impacted intersections and freeway ramps cannot be mitigated to a less than significant level. These facilities include: . Ynez Road and Winchester Road (P.M. peak hour) . Ynez Road and Solana Way (P.M. peak hour) . Ynez Road and Rancho California Road (P.M. peak hour) . Winchester Road Direct northbound on-ramp (P.M. peak hour) . Winchester Road Loop northbound on-ramp (P.M. peak hour) . Southern Bypass/Anza Road southbound on-ramp (A.M. peak hour) . Winchester Road northbound off-ramp (P.M. peak hour) . French Valley Parkway southbound off-ramp (A.M. peak hour) . Winchester Road southbound off-ramp (A.M. and P.M. peak hour) Under CEQA Guidelines Section 15093, a Statement of Overriding Considerations would need to be adopted for the air quality impacts, which remain significant and unavoidable after mitigation (pEIR, p. 5.13-23). Section 5. Alternatives to the Project. The City Council hereby declares that it has considered the alternatives identified in the PEIR as described below. CEQA requires that an EJR evaluate a reasonable range of alternatives to a Project, or to the location of the Project, which: (1) offer substantial environmental advantages over the Project proposal, and (2) may be feasibly accomplished in a successful manner within a reasonable period of time considering the economic, environmental, social and technological factors involved. An EIR must only Statement of Findings of Fact Temecula General Plan Update 41 evaluate reasonable alternatives to a Project which could feasibly attain most of the Project objectives, and evaluate the comparative merits of the alternatives. In all cases, the consideration of alternatives is to be judged against a "rule of reason." The lead agency is not required to choose the "environmentally superior" alternative identified in an EIR if the alternative does not provide substantial advantages over the proposed Project and (1) through the imposition of mitigation measures the environmental effects of a Project can be reduced to an acceptable level, or (2) there are social, economic, technological or other considerations which make the alternative infeasible. . A. No Project Alternative - 1993 General Plan 1 . Description The No Project Alternative assumes that the 1993 General Plan remains as the adopted long-range planning policy document for the Planning Area. The No Project Alternative represents conditions that would exist in the year 2025 if development with the Planning Area and the region continued to grow at the pace and extent permitted in the 1993 General Plan, and if the 1993 General Plan policies were implemented by the year 2025 (pEIR, p. 6-2). 2. Finding The City Council finds that the No Project Alternative generally would have the same significant unavoidable impacts as the proposed project and would introduce several new significant impacts related to agricultural resources, air quality, land use and planning, noise, population and housing, public services and recreation, transportation, and utilities and service systems. The No Project Alternative would not meet most of the project objectives. Specific economic, legal, social, technological, or other considerations, including the provision of employment opportunities for highly trained workers, make this alternative infeasible. 3. Supporting Explanation Development pursuant to the No Project Alternative would not implement the policies and programs of the proposed General Plan Land Use and Circulation Elements. Development would continue pursuant to the policies of the 1993 General Plan. As a result, the local circulation system would not meet the needs of Temecula residents and businesses nor calm traffic in residential neighborhoods and near schools because the existing transportation system is not sufficient to provide for the efficient flow of traffic throughout the Planning Area. The No Project Alternative does not specifically provide for mixed-use areas, but rather designates numerous "village centers" throughout Temecula, several of which have already developed into other more traditional commercial uses. Therefore, concentrated areas adjacent to 1-15 with an appropriate pedestrian-oriented mix of commercial, office, and residential uses would not result under the No Project Alternative. Further, the No Project Alternative would not establish agricultural preservation areas, the lack of which would hinder the City's objective to be a regional historical and viticultural destination. In summary, the No Project Alternative would not meet most of the identified project objectives (pEIR, p. 6-5). Statement of Findings of Fact Temecula General Plan Update 42 B. Extension of North General Kearney Road Alternative 1 . Description This alternative was conceived as a means of reducing traffic/circulation impacts along several roadway segments and at intersections in the northwestern portion of the City. In the Meadowview neighborhood, a number of streets originally planned to provide access into and out of the community are currently closed. The extension of North General Kearney Road from La Colima Road to Nicolas Road would add a roadway connection to an area along Winchester Road where intersection levels of service are close to or worse than LOS D. With this Alternative, all other provisions of the General Plan update would be implemented (pEIR, p. 6-6). 2. Finding The City Council finds that this alternative would not significantly result in reduced environmental impacts relative to circulation. All other impacts would be comparable those associated with the project. Specific economic, legal, social, technological, or other considerations, including the potential for significant adverse impacts on the surrounding community, make this alternative infeasible. 3. Supporting Explanation The extension of North General Kearny Road was intended to provide an alternate route for local residents around two intersections along Winchester Road that are expected to exceed the LOS D criteria in the General Plan in terms of the future projected left turn movements from Nicolas Road to Winchester Road and westbound Winchester Road to southbound Margarita Road. However, the traffic modeling that was prepared for the environmental impact report did not show enough traffic improvements to justify the potential adverse impacts to residents living along the proposed alignment. B. 15 Percent Growth Reduction Alternative 1. Description This alternative was conceived as a means of reducing environmental impacts of the proposed project by reducing development capacity within the Planning Area to levels comparable to projections published by SCAG. The population growth rate between 2005 and 2025 estimated by SCAG is 2.9 percent per year for Riverside County. Therefore, with this Alternative, the City would adopt the proposed General Plan, but modifications would be made to the proposed Land Use Element and map and the Circulation Element Roadway Plan such that net new residential development would be reduced by 15 percent citywide relative to the proposed project. This would result in a total population of approximately 96,407 persons living in 31,141 housing units within the current City limits, and a total of 143,806 persons living in 46,484 housing units within the Planning Area in the year 2025. These figures are more comparable to the adopted SCAG 2025 forecasts for Temecula than the proposed project. All other goals and policies of the proposed project would remain the same, including the establishment of Mixed Use Overlay Areas, Rural Preservation Areas, and the French Valley Future Growth Area, as well as the introduction of the Vineyards/Agriculture designation (pEIR, p. 6-8). Statement of Findings of Fact 43 Temecula General Plan Update 2. Finding The City Council finds that this alternative would result in reduced environmental impacts relative to aesthetics, land use and planning, noise, population and housing, public services and recreation, and utilities and service systems. All other impacts would be comparable those associated with the project. However, the alternative would not meet all of the project objectives. Specific economic, legal, social, technological, or other considerations, including the provision of employment opportunities for highly trained workers, make this alternative infeasible. 3. Supporting Explanation Although development in accordance with SCAG population projections would reduce impacts with regard to aesthetics, land use and planning, public facilities and recreation, and utilities and service systems, it would not achieve a number of critical project objectives. This alternative would not fully implement the proposed Circulation Element Roadway Plan, which is intended to ensure that the local circulation system meets the needs of Temecula residents and businesses while calming traffic in residential neighborhoods and near schools; not all identified roadway improvements may be required under the reduced trip generation associated with this alternative. Reduced development may not provided for a greater diversity of housing options to meet the needs of all segments of the community, as residential densities may need to be reduced and housing construction may need to be restricted to ensure that population targets are not exceeded. Both of these actions may lead to higher housing costs and restrict the diversity of housing options available in Temecula for all income ranges. Further, this alternative could compromise the development of a strong business community, quality housing stock, scenic open space, and cultural amenities that make Temecula a desirable place to locate because development would be restricted in such a way that not all aspects of the City would be permitted to grow. The 15 Percent Growth Reduction Alternative would reduce population growth to a level more consistent with SCAG projections. However, it does not achieve many of the most critical project objectives as effectively as the proposed project and therefore has been rejected (pEIR, pgs. 6-10 and 6-11). Section 6. Project Benefits and Statement of Overriding Considerations. Pursuant to State CEQA Guidelines section 15093, the City Council must balance the benefits of the General Plan Update against any unavoidable environmental impacts in determining whether to recommend approval of the Temecula General Plan Update. If the benefits of the General Plan outweigh the unavoidable adverse environmental impacts, those impacts may be considered "acceptable." The City Council hereby finds that the Final PEIR has identified and discussed significant effects that will occur as a result of the General Plan. With the implementation of the mitigation measures discussed in the Final PEIR and General Plan, these effects can be mitigated to a less than significant level except for the unavoidable significant impacts as discussed in Section 4 of these Findings. The City Council declares that it has made a reasonable and good faith effort to eliminate or substantially mitigate the potential impacts resulting from the Temecula General Plan. Statement of Findings of Fact Temecula General Plan Update 44 The City Council finds that to the ex1ent any mitigation measures recommended in the Final PEIR and/or General Pian could not be incorporated, such mitigation measures are infeasible because they would impose restrictions on the General Plan that would prohibit the realization of specific economic, social, and other benefits, including the provision of employment opportunities for highiy trained workers. The City Council further finds that such changes or alterations are within the responsibility and jurisdiction of another public agency and not the City of Temecula. Such changes have been adopted by such other agency or can and should be adopted by such other agency. The City Council declares that, having reduced the adverse significant environmental effects of the General Plan to the extent feasible by recommending adopting of the proposed mitigation measures, having considered the entire administrative record on the General Plan, and having weighed the benefits of the General Plan against its unavoidable adverse impacts after mitigation, the City Council has determined that the following social, economic, and environmental benefits of the General Plan outweigh the potential unavoidable adverse impacts and render those potential adverse environmental impacts acceptable based upon the following overriding considerations: 1. The General Plan will allow for a diverse mix of land uses, thereby creating a suitable inventory of housing for a range of income groups, a viable commercial and employment base, ample open space and recreational opportunities, adequate public facilities and services, and high-quality urban and rural lifestyles for residents and visitors to enjoy. 2. The General Plan will encourage mixed use development providing opportunities for creative reuse as commercial, residential, office, employment/technology, or mixed use centers. Three Mixed Use Overlay Areas are identified in the Land Use Plan: Jefferson Avenue, Town Center/Tower Plaza, and south of Old Town. Successful completion of high-quality mixed use projects will assist the City in accomplishing multiple housing, circulation, and land use objectives. 3. The General Plan will preserve rural areas, such as large lot/ rural residential/agricultural areas in the community that represent lifestyle and open space characteristics of Temecula. Four areas are designated by the General Plan as Rural Preservation Areas in the Land Use Plan: Nicolas Valley, the winery and agricultural areas of east Temecula, Anza road at SR-79 South, and the Rainbow Canyon and Great Oak Ranch areas. 4. The General Plan will help to manage future growth. Unincorporated areas in the City's northern Sphere of Influence are largely proposed for development through specific plans under the jurisdiction of Riverside County. Temecula has an opportunity to control land uses, phasing of development, project design, and infrastructure improvements by annexing these properties prior to project approval by the County. To achieve these purposes, the City has developed a land use plan for the French Valley area, and has designated this area as a Future Growth Area. The intent of these steps is to ensure that future annexations are beneficial additions to the City, and to minimize impacts of future development in the area on City roads and infrastructure. The City Council finds that the foregoing benefits provided to the public through approval and implementation of the General Plan Update outweigh the identified significant adverse environmental impacts of the General Plan which cannot be mitigated. The City Council further Statement of Findings of Fact 45 Temecula General Plan Update finds that each of the General Plan Update benefits outweighs the unavoidable adverse environmental effects identified in the Final PEIR and therefore finds those impacts to be acceptable. Each of the benefits listed above, standing alone, is sufficient justification for the City Council to override these unavoidable environmental impacts. The City Council finds that it has reviewed and considered the Final PEIR in evaluating the General Plan Update, that the Final PEIR is an accurate and objective statement that fully complies with the CEQA, State CEQA Guidelines, and the City's CEQA Guidelines, and that the Final PEIR reflects the independent judgment of the Council. The City Council hereby certifies the Environmental Impact Report based on the following findings and conclusions: A. Finding The following significant environmental impacts have been identified in the Final PEIR and will require mitigation as set forth in Section 4 of this Resolution but cannot be mitigated to a level of insignificance: short-term and long-term project and cumulative air quality impacts, and transportation impacts. B. Conclusions 1. All significant environmental impacts from implementation of the General Plan Update have been identified in the Final PEIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance, except for those impacts listed in Section 4. 2. Other reasonable alternatives to the General Plan Update which could feasibly achieve the basic objectives of the General Plan Update have been considered and rejected in favor of the General Plan Update. 3. Environmental, economic, social and other considerations and benefits derived from the development of the General Plan Update override and make infeasible any alternatives to the General Plan Update or further mitigation measures beyond those incorporated into the General Plan Update. Section 7. Adoption of Recommendation for the Adoption of a Mitigation Monitoring and Reporting Program. The City Council hereby adopts the Mitigation Monitoring and Reporting Program in Section 8.0 of the Final PEIR and attached to this Resolution as Exhibit A. Exhibit A is attached hereto and incorporated herein by this reference as though set forth in full. In the event of any inconsistencies between the mitigation measures as set forth herein and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shali control. Statement of Findings of Fact Temecula General Plan Update 46 Section 8. Location of Records. The documents and materials that constitute the record of proceedings on which these Findings have been based are located at the City of Temecula, 43200 Business Park Drive, Temecula, California 92590. The custodian for these records is the City of Temecula Planning Director. This information is provided in compliance with Public Resources Code section 21081.6. The proposed comprehensive updates of the Land Use, Circulation, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the General Plan for the City of Temecula, as amended. Section 9. Council Member Roberts and Council Member Washington did not participate in the public hearing and Council discussion of the North General Kearney Road extension issues. Both own homes in the Meadowview Community and are part of the Meadowview Homeowners Association. The Association owns the property on which the North General Kearney Road extension would be built as well as property surrounding it; therefore the Fair Political Practices Commission has confirmed that Mayor Pro Tem Roberts and Council Member Washington have a conflict due to their home ownership. Based on this conflict of interest, Mayor pro tem Roberts and Council Member Washington each hereby abstain in the approval of this Resolution and certification of the Environmental Impact Report and the approval of the General Plan as such actions relate to the extension of North General Kearney Road. Section 10. Mayor Comerchero and Councilmember Naggar did not participate in the discussion of the Southern Bypass Road nor the land use designation for property located south of the Morgan Hill Specific Plan. Council Member Naggar has a financial interest in approximately 80 acres of real property in adjacent to Anza Rd and EI Chimisal in the unincorporated portion of Riverside County and he believes that the implementation of the Southern Bypass and the land use designations for property located south of the Morgan Hill Specific Plan might have a significant effect on the value of this property. Mayor Comerchero also will not be participating in this matter because he is the President of Rancon and Rancon owns approximately 100 acres of property adjacent to Anza Rd and EI Chimisal in the unincorporated portion of Riverside County and he believes that the implementation of the Southern Bypass Road and the land use designation for property located south of the Morgan Hill Specific Plan might have a significant effect on the value of this property. Based on this conflict of interest, Mayor Comerchero and Council Member Naggar each hereby abstain in the approval of this Resolution and certification of the Environmental Impact Report and the approval of the General Plan as such actions relate to the Southern Bypass Road and the land use designation for property located south of the Morgan Hill Specific Plan. Section 11. Council Member Washington did not participate in the discussion concerning Circulation Element Policies 3.6, 3.7, and 3.8 as he owns a home on a street which could be impacted by this policy. Based on this conflict of interest, Council Member Washington hereby abstains in the approval of this Resolution and certification of the Environmental Impact Report and the approval of the General Plan as such actions relate to Circulation Element Policies 3.6, 3.7, and 3.8. Section 12. Mayor Comerchero did not participate in the discussion of the land use designation for the Callaway Winery property because he is the President of Rancon and Rancon owns approximately 330 acres of property in the unincorporated portion of Riverside County and he believes that the implementation of land use designation for Callaway Winery property might have a significant effect on the value of this property. Based on this conflict of interest, Mayor Comerchero hereby abstains in the approval of this Resolution and certification Statement of Findings of Fact Temecula General Plan Update 47 of the Environmental Impact Report and the approval of the General Plan as such actions relate to the land use designation for Callaway Winery property. Section 13. Council Member Naggar did not participate in the discussion concerning Rainbow Canyon Road and Avenida de Missiones Bridge because Horton/Continental, owner of the 20.4 acre property being developed at the northeast corner of Temecula Lane and Loma Linda in the City is a source of income to him and he believes that the changes to this road and the bridge might have a significant effect on the value of this property. Based on this conflict of interest, Council Member Naggar hereby abstains in the approval of this Resolution and certification of the Environmental Impact Report and the approval of the General Plan as such actions relate to Rainbow Canyon Road and the Avenida de Missiones Bridge. Section 14. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 12th day of April 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2005-_ was duly and regularly adopted by the City Council of the City of T emecula at a regular meeting thereof held on the 12th day of April 2005, by the following vote: AYES: o COUNCILMEMBERS None NOES: ABSENT: o COUNCILMEMBERS: None o COUNCILMEMBERS: None Susan W. Jones, CMC City Clerk Statement of Findings of Fact Temecula General Plan Update 48 EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM Statement of Findings of Fact Temecula General Plan Update 49 ATTACHMENT NO.2 RESOLUTION APPROVING THE GENERAL PLAN R:\General Plan\Comp Plan Update\Staff Report CC2.doc 12 RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE COMPREHENSIVE UPDATE OF THE GENERAL PLAN WHEREAS, Section 65300 of the Government Code requires that cities adopt a comprehensive, long-term general plan for the physical development of the jurisdiction as well as any adjacent areas which, in the judgement of the City, bears a relationship to its planning; WHEREAS, Sections 65302 of the Government Code requires that a general plan address the following issues: land use, circulation, housing, conservation of natural resources, open space, noise, and public safety; WHEREAS, Sections 65303 of the Government Code allows the City to include any other issues or concerns into the general plan which may relate to the physical development of the City; WHEREAS, the City Council approved the first General Plan, and certified the Environmental Impact Report on November 23, 1993; WHEREAS, the City Council has amended the General Plan from time to time and determined that a comprehensive update of all the Element of the General Plan, except the Housing Element, was necessary; WHEREAS, the City Council appointed a community advisory committee to assist in the process of updating the General Plan; WHEREAS, the Community Advisory Committee held meetings on January 7, 2002, January 28, 2002, February 25, 2002, April 01, 2002, May 6, 2002, May 15, 2002, May 30, 2002, April 29, 2003, May 20, 2003, June 11, 2003, March 1, 2004, April 26, 2004, May 3, 2004, and July 6, 2004 to consider the current General Plan and to recommend appropriate changes to the Planning Commission and City Council; WHEREAS, the City Council and Planning Commission held a joint workshop to consider the recommendation of the Community Advisory Committee on August 10, 2004 and provided a number of comments and suggestions on the recommended General Plan; WHEREAS, Section 65302 of the Government Code requires that the City of Temecula submit a copy of its draft Safety Element to the Division of Mines and Geology (DMG) for their review and comment; WHEREAS, the City of Temecula submitted its draft Public Safety Element to the DMG on August 26, 2004, and WHEREAS, the City of Temecula has made changes to the draft Public Safety Element in response to the concerns raised by DMG; WHEREAS, the Community Services Commission met to consider and provide comments on the proposed General Plan on September 13, 2004, at which time members of the public had the opportunity to comment to the Community Services Commission on the proposed General Plan; R:\General Plan\Comp Plan Update\Staff Report CC2.doc 13 WHEREAS, the Traffic Safety Commission met to consider and provide comments on the proposed General Plan on September 28, 2004 and January 27, 2005, at which time members of the public had the opportunity to comment to the Traffic Safety Commission on the proposed General Plan; WHEREAS, the City held community meetings on December 26, 2001, January 12, 2002, April 4, 2002, and November 4, 2004 to solicit input, comments, and concerns from members of the community; WHEREAS, Senate Bill 18 amended Section 65352 of the Government Code to require that local governments refer their General Plan to any California Native American tribe with traditional lands located within the City's jurisdiction; WHEREAS, the City of Temecula consulted with representatives of the Pechanga Band of Luisefio Indians on January 20, 2005; WHEREAS, the City of Temecula has made changes to the draft General Plan as a result of the consultation with the Pechanga Band; WHEREAS, Section 21676 of the Public Utilities Code requires that the City of Temecula submit a copy of its draft General Plan to the Airport Land Use Commission (ALUC); WHEREAS, Section 21675.2 of the Public Utilities Code requires that the ALUC complete its review within 60 days; WHEREAS, the General Plan recognizes the authority of the ALUC around French Valley Airport; WHEREAS, the City of Temecula submitted its draft General Plan to the ALUC on February 4, 2005; WHEREAS, the California Environmental Quality Act (CEQA), as amended (Sections 21000 through 21177 of the Public Resources Code), requires that prior to the approval of any project the Lead Agency consider the potential impacts and effects of said project, consider alternatives to the project, and identify mitigation measures necessary to reduce or eliminate the impact of the project on the environment; WHEREAS, the City of Temecula has prepared and circulated for public review and comment an Environmental Impact Report for the General Plan in accordance with the provisions of CEQA and the CEQA Guidelines prepared by the Office of Planning and Research; WHEREAS, pursuant to Public Resources Code section 21092.5, the City provided its responses to all persons, organizations, and agencies who commented on the Draft EIR on March 22, 2005; R:\General Plan\Comp Plan Update\Staff Report CC2.doc 14 WHEREAS, the Planning Commission has held duly noticed public hearings on February 2, 2005 and March 16, 2005 (continued from February 16, 2005) to consider the proposed General Plan and Environmental Impact Report, at which time all persons interested in the Project had the opportunity and did address the City Council on these matters; WHEREAS, the City Council has held duly noticed public hearings on March 22, 2005 and April 12, 2005 to consider the proposed General Plan and Environmental Impact Report, at which time all persons interested in the Project had the opportunity and did address the Planning Commission on these matters; WHEREAS, the City Council adopted Resolution No. 05-_ on April 12, 2005 which Certified the EIR, adopted a Statement of Overriding Consideration and Mitigation Monitoring Program for the EI R for the General Plan; WHEREAS, it is in the public interest for the City Council to adopt the comprehensive updates of the Land Use, Circulation, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the General Plan for the City of Temecula, as amended; WHEREAS, the proposed comprehensive updates of the Land Use, Circulation, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the General Plan for the City of Temecula, as amended, are compatible with the health, safety and welfare of the community; WHEREAS, the proposed comprehensive updates of the Land Use, Circulation, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the General Plan for the City of Temecula, as amended, are internally consistent and comply with all applicable laws; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEMECULA: Section 1. The recitals described in the whereas clauses set forth above are true and correct and are hereby adopted as findings by the City Council. Section 2. Council Member Roberts and Council Member Washington did not participate in the public hearing and Council discussion of the North General Kearney Road ex1ension issues. Both own homes in the Meadowview Community and are part of the Meadowview Homeowners Association. The Association owns the property on which the North General Kearney Road extension would be built as well as property surrounding it; therefore the Fair Political Practices Commission has confirmed that Mayor Pro Tem Roberts and Council Member Washington have a conflict due to their home ownership. Based on this conflict of interest, Mayor pro tem Roberts and Council Member Washington each hereby abstain in the approval of this Resolution and certification of the Environmental Impact Report and the approval of the General Plan as such actions relate to the extension of North General Kearney Road. Section 3. Mayor Comerchero and Councilmember Naggar did not participate in the discussion of the Southern Bypass Road nor the land use designation for property located south of the Morgan Hill Specific Plan. Council Member Naggar has a financial interest in approximately 80 acres of real property in adjacent to Anza Rd and EI Chimisal in the unincorporated portion of Riverside County and he believes that the implementation of the Southern Bypass and the land use designations for property located south of the Morgan Hill R:\General Plan\Comp Plan Update\Staff Report CC2.doc 15 Specific Plan might have a significant effect on the value of this property. Mayor Comerchero also will not be participating in this matter because he is the President of Rancon and Rancon owns approximately 100 acres of property adjacent to Anza Rd and EI Chimisal in the unincorporated portion of Riverside County and he believes that the implementation of the Southern Bypass Road and the land use designation for property located south of the Morgan Hill Specific Plan might have a significant effect on the value of this property. Based on this conflict of interest, Mayor Comerchero and Council Member Naggar each hereby abstain in the approval of this Resolution and certification of the Environmental Impact Report and the approval of the General Plan as such actions relate to the Southern Bypass Road and the land use designation for property located south of the Morgan Hill Specific Plan. Section 4. Council Member Washington did not participate in the discussion concerning Circulation Element Policies 3.6, 3.7, and 3.8 as he owns a home on a street which could be impacted by this policy. Based on this conflict of interest, Council Member Washington hereby abstains in the approval of this Resolution and certification of the Environmental Impact Report and the approval of the General Plan as such actions relate to Circulation Element Policies 3.6, 3.7, and 3.8. Section 5. Mayor Comerchero did not participate in the discussion of the land use designation for the Callaway Winery property because he is the President of Rancon and Rancon owns approximately 330 acres of property in the unincorporated portion of Riverside County and he believes that the implementation of land use designation for Callaway Winery property might have a significant effect on the value of this property. Based on this conflict of interest, Mayor Comerchero hereby abstains in the approval of this Resolution and certification of the Environmental Impact Report and the approval of the General Plan as such actions relate to the land use designation for Callaway Winery property. Section 6. The City Council hereby approves and adopts the comprehensive updates of the Land Use, Circulation, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the General Plan for the City of Temecula, as amended, in substantially the form on file in the Office of the City Clerk. Section 7. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 12TH day of April 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:\General Plan\Comp Plan Update\Staff Report CC2.doc 16 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2005-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 12TH day of April 2005, by the following vote: AYES: NOES: COUNCILMEMBERS COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:\General Plan\Comp Plan Update\Staff Report CC2.doc 17 ATTACHMENT NO.3 PLANNING COMMISSION RESOLUTION PC05-014 R:\General Plan\Comp Plan Update\Staff Report CC2.doc 18 PC RESOLUTION NO. 2005-014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL ENVIRONMENTAL IMPACT FOR THE GENERAL PLAN AND APPROVE THE COMPREHENSIVE UPDATE OF THE GENERAL PLAN WHEREAS, the City of Temecula adopted its first General Plan on November 9, 1993; WHEREAS, Section 65300 of the State Planning and Zoning Law requires that all jurisdictions adopt and periodically update a General Plan; WHEREAS, the City Council decided to undertake a comprehensive update of the adopted General Plan in 2001; WHEREAS, the City Council appointed an 11-member Community Advisory Committee to assist in updating the General Plan; WHEREAS, the Community Advisory Committee in meetings held on January 7, 2002, January 28, 2002, February 25, 2002, April 01, 2002, May 6, 2002, May 15, 2002, May 30, 2002, April 29, 2003, May 20, 2003, June 11, 2003, March 1, 2004, April 26, 2004, May 3, 2004, and July 6, 2004 to consider the current General Plan and to recommend appropriate changes to the Planning Commission and City Council; WHEREAS, the City Council and Planning Commission in a joint workshop to consider the recommendation of the Community Advisory Committee on August 10, 2004 and provided a number of comments and suggestions on the recommended Plan; WHEREAS, the Community Services Commission met to consider and provide comments on the proposed General Plan on September 13, 2004; WHEREAS, the Traffic Safety Commission met to consider and provide comments on the proposed General Plan on September 28,2004 and January 27, 2005; WHEREAS, the City held community meetings on December 26, 2001, January 12, 2002, April 4, 2002, and November 4, 2004 to solicit input, comments, and concerns from members of the community; WHEREAS, based upon all the suggestions, comments, concerns and direction received, a final public review draft of the Updated General Plan was prepared; WHEREAS, an Initial Environmental Study was prepared to identify the potential issues of concern to be evaluated within an environmental impact report; WHEREAS, a Notice of Preparation was distributed on June 6, 2003; WHEREAS, a public scoping meeting was held on June 25, 2003; R:\General Plan\Comp Plan Update\Final PC Resolution.doc WHEREAS, based upon the Initial Environmental Study, the responses to the Notice of Preparation, and the public scoping meeting, a Draft Environmental Impact Report was prepared to evaluate the possible impacts associated with implementing the public review draft of the Updated General Plan; WHEREAS, the Draft Environmental Impact Report was circulated for public review and comment between December 17, 2004 and March 12, 2005; WHEREAS, the Planning Commission considered this matter on February 2, 2005, and continued the matter from the February 16, 2005 meeting to March 16, 2005, at duly noticed public hearings, at which time interested persons had an opportunity to, and did, testify either in support or opposition to this matter; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND RECOMMEND THAT THE CITY COUNCIL CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE UPDATED GENERAL PLAN AND ADOPT THE UPDATED GENERAL PLAN SUBSTANTIALLY IN THE FORMS ATTACHED HERETO. PASSED, APPROVED AND ADOPTED by the City of T this 16th day of March 2005. ATTEST: ~~--"'- ~5 Debbie Ubnoske., Secretary . _[SEAL] , STATE OF CALIFORNIA ) .COUNTY OF R1VERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2005-014 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16th day of March, 2005, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Chiniaeff, Guerriero, Mathewson, Olhasso, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None 7/-e-/;6.-c" k~ ~ Debbie Ubnoske, Secretary R:\General Plan\Comp Plan Update\Final PC Resolution.doc ATTACHMENT NO.4 PLANNING COMMISSION MINUTES R:\General PlanlComp Plan Update\Staff Report CC2.doc 19 MINUTES FROM FEBRUARY 2, 2005 R:\General Plan\Comp Plan Update\Staff Report CC2.doc 20 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION FEBRUARY 2, 2005 1 Aqenda iero led the audience in the Flag salute. The ity of Temecula Planning Commission convened in a regular meeting at Wedne ay, February 2, 2005, in the City Council Chambers of Temecula C' Business ark Drive, Temecula, California. ROLL CALL Present: Com . sioners Chiniaeff, Guerriero, Chairma Mathewson. hewson, Olhasso, Telesio, and Absent: None. PUBLIC COMMENTS Chairman Mathewson informed the audi c individual not seated will need to exit the Cit which has been opened for overflow seatin . that, as per Fire Code requirements, any ouncil Chamber to the Main Conference Room Chairman Mathewson also implored th ain courteous to speakers. CONSENT CALENDAR 2 Chairman Mathewson announced to the audience that the Planning Commission will only be focusing on the Circulation Element of the General Plan Update and that all other elements will R:\MinutesPC\020205 1 be considered at another Planning Commission meeting. He also informed those individuals wishing to speak with regard to the Anza Circulation Element should address their issues and concerns with the County. Clarifying the hearing process, Assistant City Attorney Curley advised that Chairman Mathewson would be abstaining with regard to issues pertaining to Meadowview, North General Kearney, and Kahwea. PUBLIC HEARING ITEMS 3 A General Plan Update to comprehensive Iv update the followinq elements of the General Plan: Land Use Circulation. Open Space/Conservation. Growth Manaqement/Public Facilities. Public Safety. Noise. Air Quality. Community Desiqn. and Economic Development 3.1 Recommend that the City Council approve the Updated General Plan of Land Use, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Economic Development, and Community Design Elements Principal Planner Hogan offered the following comments: . That the Update to the General Plan process began in 2001 with a Council Appointment of a Community Advisory Committee (CAC) representing local citizens, local businesses, and community organizations . That the purpose of the Committee was to work with staff and consultants to create a General Plan that would update the existing 1993 General Plan and address issues within the community. At this time, Mr. Hogan introduced Mr. Henderson and Ms. Stetson of Cotton/Bridges and Associates. By way of PowerPoint, Mr. Henderson highlighted the Draft General Plan, noting the following: Status of General Plan . Public Comment period for Environmental Report (EIR) will end March 12,2005 . Responses to agency comments to be distributed prior to City Council Hearing scheduled in March 2005 . Airport Land Use Commission Determination of Consistency is pending . California Geological Survey review of Safety Element completed (recommended changes to Safety Element identified in staff report) R:IMinutesPCI020205 2 - General Plan Elements . Land Use . Circulation . Housing (2002 Update) . Open Space/Conservation Element . Growth Management/Public Facilities Element . Public Safety Element . Noise Element . Air Quality Element . Community Design Element . Economic Development Element The above mentioned elements are from the previous General Plan and have had some form of update in the current effort. General Plan ChanQes . Overall policy direction will remain consistent . Most proposed changes will fit within the framework of the current General Plan . Changes primarily affect the Land Use and Circulation Elements . Technical changes to the Plan are based on: . Changed circumstances, facts, and new information . Consolidation of similar policies . Updated implementation programs for each element . New policy directions . Encouraging mixed-use development near 1-15 corridor . Preserving established rural areas - Nicolas Valley, winery locations, SR 79 South, and Anza Road Land Use Policv Map . Several recommended changes reviewed with City Council/Planning Commission Workshop in August 2004 R:IMinutesPCI020205 3 . Additional property owner requests described in staff report Rural residential . . Vineyards! Agriculture Tribal Trust Lands . . Commercial Recreation Overlay . Industrial Park . Remaining Land Uses . Changes in French Valley Plan will reflect entitlements granted by the County . . Preservation of Open Space corridors . Consistency with French Valley Airport Land Use Compatibility Plan (ALCUP) Circulation Element Primary ChanQes to Dolicy direction: . Provisions that allow for additional street dedication at high-volume intersections . CAC recommendation to consider opening closed connecting streets to improve City- wide circulation . New roadway cross-sections are introduced such as Modified Secondary Arterial, a Limited Secondary Arterial, and a Rural Highway; that these new roadway designations are not present in the current General Plan and are recommended for the updated General Plan . New Roadways are introduced in the roadway plan such as: Loma Linda/Avenida de Missiones, Eastern/Southern Bypass, Sky Canyon Drive/Briggs Road . Roadway Improvements: within the Rancho California 1-15 corridor Roadway Plan Residents Concerns . Rainbow Canyon Road - Collector or Secondary Arterial R:\MlnutesPCI020205 4 < CAC Recommendation (not part of the Draft General Plan that is before the Planning Commission) . North General Kearny - Limited Secondary, La Colima to Nicolas Roads ChanQes to Other Elements Growth ManaQement/Public Facilities . New statement will discourage street closures that may limit or delay access to emergency services Ooen Soace/Conservation Element . New discussion of historic and cultural resources Communitv DesiQn Element . New discussion of mixed-use design concepts . Policies and implementation encouraging creation of public spaces and public art Environmentallmoact Reoort (EIR) Draft EIR circulatinQ for oublic review and comment . 5 comment letters received to date . Responses will be in final EIR SiQnificant unavoidable imoact . Air Quality - short term construction impact . Air Quality - long term emissions exceed standards for particulate matter . Transportation - 3 intersections and 6 freeway ramps projected to operate below LOS standards All other imoacts found to be less than siQnificant . Required mitigation measures are incorporated in the General Plan as Implementation FindinQs and statement of overridinQ considerations At this time, Mr. Henderson concluded his PowerPoint Presentation. Principal Planner Hogan presented the Planning Commission with additional changes to the General Plan Update (see staff report) R:IMinutesPCI020205 5 For Commissioner Chiniaeff, Assistant City Attorney Curley clarified that because the Planning Commission would be acting as an advisory body making recommendations to the City Council, the Commission would not be required to adhere to the closing period for the EIR. In response to the Commissioner's Chiniaeff's query, Principal Planner Hogan stated that the proposed General Plan will be consistent with the current Housing Element. For Commissioner Chiniaeff, Mr. Hogan relayed that although the challenges and efforts of coordinating continual growth with the County will continue, with a newly elected representative on the Riverside County Board of Supervisors, improved awareness of the need to manage growth and to match it with resources is present. He noted that staff would be of the opinion that by incorporating and addressing the issues in the General Plan, it will give staff more weight and authority when dealing with the County. Deputy Public Works Director Parks stated that the City has been successful in challenging the County's approval of specific plans for the French Valley area; that staff has required the County to approve to require certain street improvements/infrastructure prior to the County's issuance of building permits; that the City has been proactive in working with the County; and that by including it in the General Plan, it would provide the City additional support. It was reiterated by Chairman Mathewson that all non-Meadowview related circulation matters will be addressed first and that he would be abstaining from any Meadowview-related circulation aspects. Principal Planner Hogan presented a brief staff report regarding Rainbow Canyon Road, highlighting the following: . That when the General Plan was adopted in 1993, Rainbow Canyon Road was designated as a secondary arterial 88' right-of-way . That during the planning process, the recommendation was to retain it as an 88' right-of- way . That staff has received several letters from residents in the Rainbow Canyon area concerned with retaining Rainbow Canyon Road as a Secondary Arterial . That the residents' primary concern would be the difference in the current size of Rainbow Canyon Road (a collector with a 66' right-of-way) as that from the current General Plan designation (Secondary Arterial with an 88' right-of-way) . That staff would recommend that the roadway designation for Rainbow Canyon remain as a Secondary Arterial; and that once the Southern Bypass has been completed, the City will have an opportunity to readdress the designation of this roadway. Expanding on Mr. Hogan's comments, Director of Public Works Hughes stated that the current designation for Rainbow Canyon Road is as an 88' right-of-way with four lanes; that this designation would be an appropriate classification and should not be downgraded; and that with the new interchange and the Eastern Bypass connecting to the south, larger capacity road would be necessary; and that Rainbow Canyon Road is the only alternate route to the 1-15. R:IMinutesPCI020205 6 For Commissioner Chiniaeff, Mr. Hughes stated that, in his opinion, the appropriate right-of-way width was not required when the existing 12 homes were built; that there is a deficient right-of- way width along Rainbow Canyon Road for these 12 home fronting Rainbow Canyon Road; and that staff would be of the opinion that options are available to widen the road without impacting the existing homes, reiterating the need for these four lanes. In response to Chairman Mathewson, Deputy Director of Public Works Parks stated that the current 66' right-of-way on Rainbow Canyon Road would accommodate for two lanes and an additional 22' would be needed to accommodate for the 88' right-of-way. In response to the Commissioners, Mr. Parks offered the following comments: . That the subdivision was approved by the County and built as a County Plan . That the County had envisioned Rainbow Canyon Road as a 66' right-of-way/residential collector . That the County did not perform a Circulation Element for the City . That once the City performed its first General Plan and Circulation Element, the City could foresee the potential need for four-lane road (88' right-of-way) . That as development occurs in the area, the City will be making the design to that particular standard. Assistant City Attorney Curley clarified that General Plan level planning does not create any exposure to any claim against a City, noting it is recognized that it is part of a long-range planning process. At this time, the public hearing was opened. The following individuals spoke in opposition of the Rainbow Canyon Road Draft General Plan Update: . Mr. David Payne . Ms. Renea Broderick . Mr. Mark Broderick . Ms. Roberta Adkins . Ms. Adrian McGregor . Ms. Kathleen Montaldo . Mr. Bernie Thomas The above-mentioned individuals spoke in opposition to widening Rainbow Canyon Road for the following reasons: . Potential destructions of the 12 existing homes . Significant noise, air, light, and aesthetic impacts the future 1-15 interchange and Bypass will create . Significant impacts with regard to air quality and transportation R:IMinutesPCI020205 7 . Traffic impacts . Property depreciation for the existing 12 homes that front Rainbow Canyon Road Speaking in support of the proposed General Plan, Mr. Mike Kuhn, Temecula resident, noted that every community in the City should be considered as a whole and that the entire City would benefit from the Draft General Plan. At this time, the public hearing was closed. Addressing the above-mentioned concerns, Public Works Director Hughes stated the following: . That the current designation for Rainbow Canyon Road as a four-lane, secondary arterial has existed since 1988 . That the impacted residents would be compensated at fair market value . That with regard to the Eastern Bypass and the new interchange, staff does realize the challenges with coordinating the connection work; that the 1-15/SR 79 Interchange will be upgraded whether or not the Eastern Bypass Interchange is completed; and that although the road widening will create impacts, the City will be required to mitigate them . That the City has plan on improving the operations near SR 79 South/I-15 . That staff is not aware of any legislation, guaranteeing transmission lines along any route that would connect with a freeway. Mr. Hughes clarified projects that are currently funded for the SR 79 South: . Upgrade SR 79 South/I-15 to be completed in the next five to seven years . Upon City control of SR 79 South, the existing lanes will be restripped to eight lanes between Pechanga Parkway and the freeway northbound ramps; that a median will be installed from 1-15 to Butterfield Stage Road to assist with capacity and constricting turning movements Commissioner Chiniaeff, echoed by Commissioner Olhasso, stated that the City should be planning to create parkways that have limited access and would allow traffic flow without impacting and accessing local streets. COMMISSION DISCUSSION Commissioner Chiniaeff noted that Rainbow Canyon Road should be retained as an 88' right-of- way; that the interchange is necessary and should be included in the Draft General Plan; and that Anza between SR 79 South, near Auld Road, should be upgraded to a four-lane secondary road. Although expressing her support of the SR 79 South/I-15 Interchange, Commissioner Olhasso expressed concern with the current designation for Rainbow Canyon Road (88' right-of-way). R:IMlnutesPCI020205 8 For Commissioner Guerriero, Public Works Director Hughes advised that the proposed upgrades for Loma Linda Road will not impact Pechanga Parkway or SR 79 S. For Commissioner Mathewson, Mr. Hughes relayed that there are plans for development on Pechanga Parkway, including a golf course; that staff has had on-going conversations with the Tribal Council regarding secondary access to the casino; that while there is no firm commitment at this particular time, the Tribal Council does understand the traffic impacts; that the City has discussed the possibility of reserving corridors that such roadways but that the Tribal Council has made no commitment. MOTION: Commissioner Chiniaeff moved to recommend that the City Council adopt the Draft General Plan Update as presented by staff, including retaining Rainbow Canyon Road as an 88' right-of-way and upgrading SR 79 South to a secondary arterial with limited access as determined by traffic studies. Commissioner Guerriero seconded the motion and voice vote reflected unanimous aooroval. Removing himself from the dais, Chairman Mathewson abstained from the following discussion. At 8:03 P.M., a short recess was called and at 8:10 P.M. the Commission reconvened. Vice-Chairman Guerriero thanked the audience for their patience and stated the following issues to be discussed would be the North General Kearny Kahwea elements. Vice Chairman Guerriero informed the public that additional seating was available in the downstairs lobby area. At this time, the public hearing was opened. The following individuals spoke in opposition to the ex1ension of North General Kearny Road: . Ms. Lisa Stute Kardouce Mr. Joseph Wasek, Jr. . Mr. Nicolas Kardouche Mr. Steve Gossett . Ms. Maria Hetzner Ms. Linda Gossett . Mr. Richard Moriki Ms. Jennie Strutz . Mr. Norman Clark Mr. Robert Johnston . Ms. Lisa Weinmann Mr. John Austin . Mr. Williams Herrmann Ms. Nancy Ray . Ms. Diana Lovett-Webb Ms. Ellen Ellish . Mr. Terry Stute Ms. Adrian Mc Gregor . Ms. Cheryl Huber Mr. Peter Francheschina . Mr. Brett Saunders Mr. Jerry Throckmorton . Mr. Bernie Thomas Ms. Teri Biancardi . Ms. Lori Nelson Ms. Jessica Christopher . Mr. Jon Andrews The above-mentioned individuals spoke in opposition for the following reasons: . That building a road through Meadowview to even traffic flow will not be a solution . That the citizens of Temecula should not have to be impacted as a result of City actions R:\MinutesPCI020205 9 . That solutions must be explored - especially ones that will not continue to destroy the neighborhoods and the City . That Meadowview was created long before the traffic congestion That no more construction permits should be granted . . That extending North General Kearny Road would directly overlap with the use of the trails (bikers, horseback rides, walkers, and daily joggers) . That the City has a long and colorful history associated with the horse from Native American to the famous Vail and Roripaugh Ranches, the Stage Coach, and Pony Express; that horses have always been here; and that the City has a unique history for suburban area and horses have always been a part of it . That Meadowview is zoned as low-density residential with open space . That horse ownership is inherent in this zoning designation . That a General Plan goals is to preserve rural communities within Temecula and to preserve the quality and value of a single family neighborhood . That drivers tend to ignore horse crossing signs . That by opening Kahwea Road, the risk of horse/car accidents would increase . That by extending North General Keamy and Kahwea Roads, the City would not be adhering to the goal to preserve rural areas and that the ex1ension would not complement the zoning designation for Meadowview . That extending North General Kearny and Kahwea Roads would create a safety concern for the Meadowview residents . That there currently are existing traffic problems on residential streets such as Calle Pina Colada, Via Norte, Del Rey, and Avenida de Barca . That by opening another road into the Meadowview, the traffic congestion will significantly worsen . That Meadowview roads such as Del Rey and Via Norte were designed for low-density traffic usage; that drivers, not familiar with the Meadowview area, will not be accustomed to driving on streets with no sidewalks, streets with trails, and no lights . That the Meadowview area has numerous housing densities (two churches, a school, a public park, a doctor's office, and an equestrian center), which contribute to congestion. The following individuals spoke in favor of the proposed Draft General plan: . Ms. Evelyn Buchanan . Mr. Brian Harrold . Mr. Mike Kuhn R:IMinutesPCI020205 10 . Ms. Susan Zychovich . Ms. Diana Broderick . Ms. Jessica Christopher The above-mentioned individuals spoke in favor of the extension of North General Kearny and Kahwea Roads for the following reasons: . That the City of Temecula must take responsibility of opening roads and planned roads in the City, including North General Kearny Road . That Meadowview residents should have equal access to emergency services . That opening roads will help balance the traffic flow in other congested areas . That the removal of fences/barriers would assist local residents with daily driving routes . That the Meadowview residents should have equal access to traffic circulation . That the closed roads in Meadowview were planned to accommodate local traffic . That Meadowview is within the City; that the streets are paid for and maintained by City services, funded by tax dollars; that the Meadowview streets are not private; that they are public streets and should be utilized as such; that maps show North General Kearny Road and Kahwea Roads as through streets . That Meadowview may choose to be a private gated community, privately funding all required services and closing its streets to public access . That opening North General Kearny and Kahwea Roads will not add more trips to City streets; that it will decrease traffic on Calle Medusa, Calle Pina Colada, Winchester, and Margarita Roads; and that residents of Calle Medusa and Calle Pina Colada should not have to bear the burden of daily local traffic. . That by providing alternate traveling routes, traffic congestion on heavily burdened streets will decrease . That in an effort to create proper circulation, alternative routes are necessary; that all residents should share in the solution and benefits of improved circulation. Although always dependent on the location of the emergency, Fire Marshal McBride noted that road closures will negatively impact response times. Principal Planner Hogan offered the following comments: . That there would be one lane in each direction with space for a left-turn lane . That in an attempt to design a road to minimize conflicts, the cross-section would have a separated trail from the roadway; that this would be an attempt to separate pedestrians and equestrians from the road surface; and that this cross-section is not currently in the existing General Plan but would be a proposed addition R:\MinutesPC\020205 11 ~ . That when the Public Traffic Safety Commission reviewed this item, it was difficult for the Commission to achieve a recommendation with regard to the ex1ension; that the Commissioners who opposed the ex1ension were of the opinion that the ex1ension would not be necessary to improve circulation efforts; that the Commissioners who were in favor of the ex1ension were of the opinion that it was necessary to improve emergency access and response times; and that it was also noted by a Commissioner that traffic affects all residents and that a street closure would adversely impact all residents. Commissioner Chiniaeff noted that the City has a traffic problem that must be resolved and that the ex1ension of North General Kearny and Kahwea Roads should be reflected in the General Plan for studying. Deputy Director Thornhill offered the following comments: . That the City has made limited General Plan changes . That City has constructed the Overland Bridge, provided improvements around the perimeter of the Promenade Mall, and installed signals near the Promenade Mall - totaling over $ 35 million . That the Promenade Mall generates $4 million a year in retail sales tax - monies which are then utilized for new road construction and Capital Improvement Projects . That the Roripaugh project at Pourroy and Nicholas Roads was preapproved by the County under development agreements prior to City incorporation . That the City inherited 10 to 11 thousand homes that were preapproved by the County under development agreements which the City was obligated to process and approve; that in addition, the City has had three Specific Plans that were transferred cases in 1990 from the County such as Wolf Creek, Harveston, and Roripaugh . That the City has been very judicial in its review and approval of projects. At this time, it was the consensus of the Planning Commission to extend the meeting another 20 minutes. At this time, the public hearing was closed. For the Planning Commission, Mr. Thornhill stated that Kahwea Road is not a General Plan element; that the Planning Commission would be dealing with a policy regarding the opening of closed streets; and that no separate action regarding Kahwea Road would be necessary. COMMISSION DISCUSSION Commenting on the importance of preserving the City's rural areas, Commissioner Olhasso advised that she could not support the opening of North General Kearny and Kahwea Roads. Although stating that the ex1ension of North General Kearny and Kahwea Roads should be reflected in the General Plan, Commissioner Telesio, echoed by Commissioner Guerriero, recommended that, at this time, no funding be proposed until a complete and comprehensive study of the area has been performed. R:\MinutesPC\02020S 12 : MOTION: Commissioner Guerriero moved to ex1end the Planning Commission's meeting another 20 minutes. Commissioner Chiniaeff seconded the motion and voice vote reflected approval with the exception of Chairman Mathewson who abstained. MOTION: Commissioner Telesio moved to recommend to the City Council that the extension of North General Kearny Road be reflected in the General Plan but that no funding be proposed until a comprehensive study has been completed. Commissioner Chiniaeff seconded the motion and voice vote reflected approval with the exception of Commissioner Olhasso who voted !!2 and Chairman Mathewson who abstained. MOTION: Commissioner Chiniaeff moved to support the policy of opening roads. Commissioner Olhasso seconded the motion and voice vote reflected approval with the exception of Chairman Mathewson who abstained. It was the consensus of Commissioners Chiniaeff, Telesio, and Guerriero to start future Planning Commission meetings at 6:30 p.m. versus 6:00 P.M. No report ADJOURNMENT At 11 :45 P.M., Chairman 'ourned this meeting to the next reaular meetin!:l to be held on Wednesda Fe ar 1 005 at 6:00 P.M., in the City Council Chambers, 43200 Business Park Driv, emecula. Debbie Ubnoske Director of Planning R:\MlnutesPC\02020S 13 MINUTES FROM FEBRUARY 16, 2005 R:\General Plan\Comp Plan Update\Staff Report CC2.doc 21 . hiniaeff moved to approve Consent Calendar Item motion was seconded by Commissioner e ected approval with the ex . PUBLIC HEARING ITEMS Continued from February 2, 2005 3 A General Plan Update to comprehensivelv update the followinq elements of the General Plan: Land Use. Open Space/Conservation. Growth ManaqementlPublic Facilities. Public Safety. Noise. Air Qualitv. Community Desiqn. and Economic Development - David Hoqan. Principal Planner In light of the significance of this matter and considering the absences of two Commissioners, Chairman Mathewson advised that it would be the desire of the Commission to continue this item to the March 16, 2005, Commission meeting. For those individuals that may not be able to attend the March 16, 2005, Planning Commission meeting, Mr. Mathewson encouraged them to submit their comments in writing to staff. At this time, Chairman Mathewson opened the public hearing. MOTION: Commissioner Chiniaeff moved to continue this public hearing to the March 16, 2005, Planning Commission meeting. The motion was seconded by Commissioner Telesio and voice vote reflected approval with the exception of Commissioners Guerriero and Olhasso who were absent. 4 d by staff that this item be continued No additional comment. R:IMinutesPCI021605 2 MINUTES FROM MARCH 26, 2005 R:\General Plan\Comp Plan Update\Staff Report CC2.doc 22 response to Mr. Ray's concern, Principal Planner Hogan clarified the Pres ation area boundary, noting that Mr. Ray's property will not be affected. MOTION: issioner Chiniaeff moved to approve staff's recommen Ion including a modification to Con . 'on of Approval Nos. 11 and D6 to include that the eloper give notice to the Department of Rea tate regarding Notice of Airport in Vicinit ommissioner Guerriero seconded the motion and VOl vote reflected unanimous a r al. A RESOLUTION OF THE P THE CITY OF TEMEC APP ING PLANNING APPLICATION NO. ;6.-04-0178, TEN IVE TRACT MAP NO. 3234 UBDIVIDING 28.6 ACR SINGLE-F Y LOTS GENERALLY LOCAT ON NORT DE OF NICOLAS ROAD, EAST OF JOSE R ,KNOWN AS ASSESSORS PARCEL NO. 957- 80-014 AND 957-080-019 (PLANNING APPLICATION PA04-0178) Continued from February 2, 2005 3 A General Plan Update to comprehensivelv update the followinq elements of the General Plan: Land Use. Open Space/Conservation. Growth ManaqemenVPublic Facilities. Public Safetv. Noise. Air Quality. Communitv Desiqn. and Economic Development 3.1 Recommend that the City Council approve the Updated General Plan Principal Planner Hogan presented a staff report (of record), highlighting the following: . That staff's recommendation continues to be that the Planning Commission consider the remaining eight elements of the General Plan, make any necessary changes, and recommend to the City Council to approve the Updated General Plan . That since the Community Advisory Committee's Draft Updated General Plan and Draft Environmentallmpacl Report, four additional Land Use requests have been submitted -- one of which was received on March 16, 2005 and has not yet been reviewed or discussed; therefore, staff will not be making a recommendation with regard to that request . That it would be within the Planning Commission's purview to make alternate recommendations to the CAC's recommendations . That those requests not supported by the CAC, the applicants of those request will have an opportunity to make their requests to the Planning Commission and City Council. Commissioner Chiniaeff suggested that the Planning Commission address the General Plan followed by each individual Land Use Map Amendment. DRAFT R:\MinutesPCI031605 4 Open Space Conservation Element See staff's addendum report; copies distributed to the Commissioners; no additional discussion. Growth Manaqement/Public Facilities See staff's addendum report; copies distributed to the Commissioners; no additional discussion. At this time, the public hearing was opened. Mr. Greg Kryzs, Temecula, expressed concern with the continual approval of projects and requested that the Planning Commission review the current Public Facilities Elements and Growth Management in the City in order to determine the number of General Plan Amendments and rezones that have been processed by the City since 1993. At this time, the public hearing was closed. Public Safetv Element See staff's addendum report; copies distributed to the Commissioners; no additional discussion. No speakers for this item. Noise Element No changes being proposed to this item. No speakers for this item. Air Qualitv Element No changes being proposed to this item. No speakers for this item. Communitv DesiQn Element See staff's addendum report; copies distributed to the Commissioners; no additional discussion. At this time, the public hearing was opened. In response to Ms. Diana-Lovett-Webb, Deputy City Manager Thornhill noted that staff would be willing to work with Ms. Lovett in creating a Community Workshop to preserve rural communities. Mr. Don Stowe, Temecula, spoke of the importance of preserving rural equestrian communities in the City of Temecula. At this time, the public hearing was closed. DRAFT RIMinutesPCI031605 5 Economic Development Element / ) No changes being proposed to this item. For future items, Commissioner Olhasso requested more detailed information in the staff report with regard to Economic Development. No speakers for this item. At 7:13 p.m., the Planning Commission called a short recess and reconvened at 7:22 p.m. Land Use Element 1. Northside of the Santa Gertrudis Channel between Margarita Road and Rustic Glen Drive REQUEST: From Industrial Park (IP) and Public Institutional (PI) to Professional Office (PO) CAC RECOMMENDATION: As per the Draft Lane Use Plan, unanimous support for Professional Office. No speakers for this item. It was the consensus of the Planning Commission to approve the CAC's recommendation. 2. Southeast of the intersection of Nicolas Road and Via Lobo REQUEST: From Very Low Density Residential (VL) to Low Medium Density Residential (LM) and Open Space (OS) CAC RECOMMENDATION: A majority of the CAC were of the opinion to retain this property as Very Low Density would be appropriate. No changes were made to Land Use Plan. At this time, the public hearing was opened. Mr. Jack Diamond, representing the Garret Group, spoke in favor of the CAC's recommendation. It was the consensus of the Planning Commission to approve the CAC's recommendation and it was noted that if there were any boundary line issues, those could be addressed through a Planned Development Overlay. 3. Southeast of the intersection of Margarita Road and Solana Way REQUEST: From Medium Density Residential (MD) to Professional Office (PO) Neighborhood Commercial (NC), and Open Space (OS) CAC RECOMMENDATION: A majority supported Professional Office and Open Space (OS). The Professional Office and Open Space designations have been shown on the draft Land Use Plan. At this time, the public hearing was opened. Mr. Matthew Fagan, representing Ms. Melinda Smith, spoke in favor of the CAC's recommendation. DRAFT R:lMinutesPCI03160S 6 At this time, the public hearing was closed. It was the consensus of the Planning Commission to approve the CAC's recommendation. 4. Between Butterfield Stage Road and Walcott Lane north of Solana Way REQUEST: From Very Low Density Residential (VL) to Low Density Residential. CAC RECOMMENDATION: No action recommended. This request was delayed until the uncertainty of the dirt roads and the Roripaugh Ranch project have been resolved. No changes were made to Land Use Plan. At this time, the public hearing was opened. Mr. Steve Galvez, Walcott Investments, noted for the record, that if he were granted a LM zone, he would be willing to pave Liefer Road which would resolve road issues for residents of Nicolas Valley. Ms. Linda Beaudoin, echoed by Mr. Jo Rotell, spoke in favor of Mr. Galvez' offer to pave Liefer Road. At this time, the public hearing was closed. Although appreciating Mr. Galvez' offer to pave Liefer Road, Deputy City Manager Thornhill noted that a General Plan may not be conditioned or rezoned and that Mr. Galvez would have no legal obligation to pave the road at his own expense. It was the consensus of the Planning Commission to approve the CAC's recommendation. 5. South of Nicolas Road between Calle Medusa and Calle Girasol REQUEST: From Very Low Density Residential (VL) to Low Medium Density Residential (LM) CAC RECOMMENDATION: No action recommended. This request was delayed until the uncertainty of the dirt roads and Roripaugh Ranch project have been resolved. No changes were made to Land Use Plan. No speakers for this item. It was the consensus of the Planning Commission to approve the CAC's recommendation. 6. South of Temecula Creek Village project and west of the extension of Jedediah Smith Road REQUEST: From Open Space (OS) to Unspecified Designations. CAC RECOMMENDATION: A majority of the CAC was of the opinion that the Open Space (OS) designation was the correct use for this property. No changes were made to Land Use. At this time, the public hearing was opened. Mr. Larry Markham, representing Markham Development Management Group, spoke in favor of the proposed project, noting that the proposal would not be in the flood plain channel and that the proposed project would not be within the Army Corps and/or Fish and Game jurisdiction. At this time, the public hearing was closebRAFT R:IMinutesPCI031605 7 It was the consensus of the Planning commission to approve the CAC's recommendation. 7. Northside of Loma Linda Road, east of Temecula Lane REQUEST: From Professional Office (PO) to Medium Density Residential (MD) CAC RECOMMENDATION: As per the Draft Land Use Plan, supported Low Medium Density on the eastern-third and Medium Density on the western-third. At this time, the public hearing was opened. Mr. Mark Broderick, Temecula, expressed concern with traffic impacts that would be created as a result of not constructing a bridge across Avenida de Missiones. At this time, the public hearing was closed. In response to Mr. Broderick's concern, Deputy Director of Public Works Parks noted that the bridge has been earmarked in the City's CIP but has not yet been funded. It was the consensus of the Planning Commission to not support the CAC's recommendation to support retaining the eastern and western-thirds at Low Medium Density. 8. Southwest of the City's Northwest Sports Park (Temecula Education Project) REQUEST: From Industrial Park (IP) to Community Commercial (CC), High Density Residential (HD), and medium Density Residential (MD)/Mixed-Use. CAC RECOMMENDATION: No action recommended. Staff was of the opinion that changes in this area should not be considered until additional information about the Temecula Education Project has been obtained and its potential impacts to the area. It was the consensus of the Planning Commission to accept the CAC's recommendation. 9. South and west of the City's Northwest Sports Park (Temecula Education Project) adjacent to request No.8 REQUEST: From Industrial Park (IP) to either High Density Residential or Medium Density Residential (MD). CAC RECOMMENDATION: No action recommended. Staff was of the opinion that changes in this area should not be considered until additional information about the Temecula Education Project has been obtained and its potential impacts to the area. It was the consensus of the Planning Commission to accept the CAC's recommendation. 10. West of Butterfield Stage Road between Chenin Clinet and Ahern Place REQUEST: From Very Low Density Residential (VL) to Low Medium Density Residential (LM). CAC RECOMMENDATION: Supported a change to Low Medium Density Residential. This has shown on the draft Land Use Plan. At this time, the public hearing was opened. Mr. Matthew Fagan spoke in favor of the proposed project. DRAFT R:IMlnutesPCI031605 8 Relaying her opposition to this request and to the CAC's recommendation, Commissioner Olhasso expressed concern with the request of the Low-Medium designation. It was the consensus of the Planning Commission to accept the CAC's recommendation with the exceDtion of Commission Olhasso who voted No. - 11. Northwest Corner of Margarita and Dartolo Roads REQUEST: From Professional Office (PO) to Community Commercial (CC). CAC RECOMMENDATION: The CAC was of the opinion that retaining the PO designation would be the most appropriate for this location. No speakers for this item. It was the consensus of the Planning Commission to accept the CAC's recommendation 12. Northeast corner of Winchester and Nicolas Road REQUEST: From Neighborhood Commercial (NC) to Community Commercial (CC). CAC RECOMMENDATION: As per the Draft Land Use Plan, the CAC supported this change. No speakers for this item. It was the consensus of the Planning Commission to accept the CAC's recommendation. 13. Rainbow Canyon Road west of Pechanga Creek REQUEST: From Open Space (OS) and Highway Tourist Commercial (HT) to Open Space (OS), Highway Tourist Commercial (HT), and Low-Medium Density Residential (LM) CAC RECOMMENDATION: The CAC did not support this change. Mr. Thornhill relayed that it was the opinion of the CAC that until any certainty as to whether or not a southern interchange will occur, no intensification of Land Use should occur along the corridor of Rainbow Canyon Road. At this time, the public hearing was opened. Mr. Bob Wheeler, representing the General Plan Advisory Committee, stated that it was the opinion of the CAC to not support this change at this time. Mr. Sam Alhadeff, representing Temecula Creek Inn, expressed the applicant's desire to be given the opportunity, at a future date, to explore a Specific Plan Overlay. Advising that the applicant is only requesting a Specific Plan Zone Overlay, Mr. Larry Markham noted that Mr. Alhadeff's letter to the Planning Commission, dated January 31, 2005, references language with regard to fractional ownership and that the applicant would be willing to fund the Specific Plan with a full Environmental Impact Report. At this time, the public hearing was closed. For the Commission, Principal Planner Hogan relayed that staff could clarify in the Specific Plan that developments consistent with the resort commercial would not require a Specific Plan; that R:\MinutesPC\031605 DRAFT resort uses would include a golf course, hotel rooms, fractional ownership units, day spa, etc.; and that all other uses with exception of resort commercial activities would require approval of a Specific Plan. ) It was the consensus of the Planning Commission to accept the CAC's recommendation. 14. SR-79 South east of Jedidiah Smith Road REQUEST: From Very Low Density Residential (VL) to Professional Office (PO) CAC RECOMMENDATION: The CAC did not support this change. No changes were made to Land Use Plan. At this time, the public hearing was opened. Mr. Larry Markham, representing Los Ranchitos Homeowners Association, noted opposition to the request of Very Low Density Residential (VL) to Professional Office (PO). At this time, the public hearing was closed. It was the consensus of the Planning Commission to approve the CAC's recommendation. The following requests had not been reviewed by the CAC: 15. Southside of Rancho California road, east of the city limits REQUEST: From Hillside Residential (HR) and Open Space (OS) to some form of commercial. It was noted that the applicant subsequently withdrew his request on February 12, 2005. 16. East side of Winchester road at Rustic Glen Drive REQUEST: From Neighborhood Commercial (NC) to Professional Office (PO) At this time, the public hearing was opened. Mr. Bart Doyle, representing the applicant, spoke in support of the requested change. It was the consensus of the Planning Commission to deny the request but expressed a willingness to a General Plan Amendment with a development proposal for senior housing at some future time. 17. Northeast corner of Ynez Road and Tierra Vista Road REQUEST: From Professional Office (PO) to High Density Residential (HD) At this time, the public hearing was opened. Mr. Eric Luna, owner of project, spoke in favor of the request. It was the consensus of the Planning Commission to change the designation from Professional Office (PO) to Medium Density (MD). 18. Request for change to General Plan Land Use Plan for 2.5 acres located on the south side of Pauba Road, west of the Plaza Del Sol Center DRAFT R:\MinutesPC\031605 10 At this time, the public hearing was opened. Mr. Matthew Fagan, representing the applicant, noted that the change would represent an ex1ension of uses that are consistent and compatible with the adjacent office/retail pattern of development to the east and existing and proposed Public Institutional uses on the north side of Pauba Road. It was the consensus of the Planning Commission to deny the request and retain the Very Low Density Residential designation. Mr. Steve Corona, representing the Corona Family, spoke in opposition to the inclusion of properties outside of the City's sphere. In response to Mr. Corona's comment, Principal Planner Hogan relayed the CAC's opinion to not convert areas that are currently agricultural and rural residential into urban densities; that the CAC focused on urban development in urban areas and to maintain the agricultural and rural character within the City, advising that noticing was provided by the newspapers. At this time, the public hearing was closed. MOTION: Commissioner Olhasso moved to recommend that the City Council approve the Environmental Impact Report, to approve the Draft General Plan as amended by the Planning Commission, and to adopt the resolution. Commissioner Guerriero seconded the motion and voice vote reflected unanimous approval. PC RESOLUTION NO. 2005-014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL CERTIFY THAT FINAL ENVIRONMENTAL IMPACT FOR THE GENERAL PLAN AND APPROVE THE COMPREHENSIVE UPDATE OF THE GENERAL PLAN Commissioner Olhasso stated that she Commission meeting. be ab For Chairman Mathewson, ks relayed that he will ensur regarding the mining operation on Ran alifornia Roa 'S REPORT ditional comment. DRAFT R:IMinutesPCI031605 11 ATTACHMENT NO.5 FINAL CHANGE ADDENDUM R:\General Plan\Comp Plan Update\Staff Report CC2.doc 23 GENERAL PLAN UPDATE - LIST OF CHANGES (as of March 22, 2005) Introduction 1. Pages 1-6, after the second paragraph, add the following "Regional growth and transportation plans prepared by the Southern California Association of Governments (SCAG) and implemented through the Western Riverside County Council of Governments (WRCOG) also guide long range development within the greater Temecula region. The goals and policies of this General Plan are supportive of regional objectives established by the Regional Comprehensive Plan, Regional Transportation Plan, and SCAG's Growth Vision Compass. Temecula's General Plan represents a significant opportunity to implement these regional plans and programs through local actions that benefit the community, subregion, and region in the future." (PC 3/16/05) Land Use Element 1. To the General Plan Land Use Map (Figure LU-2) make the following changes: A. Change those portions of APN's 919-350-017, 018, 019, and 020 north of the predominantly east-west portion of the channel to Low Density Residential and the remainder of the site to Open Space. (Land Use Map Change Request No.2) (PC 3/16/05) B. Change the Medium Density Residential designation on the north side of Loma Linda Road to Low Medium Density Residential. (Part of Land Use Map Change Request No.7) (PC 3/16/05) C. Modify the General Plan Land Use Designation for Planning Area 9A of the Margarita Village Specific Plan from Low-Medium Density Residential to Low Density Residential. (Part of Land Use Map Change Request No. 10) (PC 3/16/05) D. Change APN 944-330-007 from Professional Office to Medium Density Residential. (Land Use Map Change Request No. 17) (PC 3/16/05) E. Modify the General Plan Land Use Designation for the three parcels along the east side of Butterfield Stage Road immediately south of Rancho Vista Road from Rural Residential to Public Institutional. (PC 3/16/05) F. Add the label "BLM' to the map in areas where much of the land is owned by the Bureau of Land Management is located. Specifically, these are the Open Space areas located in the southern Planning Area. One area is between Rainbow Canyon Road and Pechanga Parkway and the other area is west of 1-15 south of south of the City limits. (PC 3/16/05) 2. Add a copy of the Final French Valley Airport Land Use Compatibility Plan into the Land Use Element after the discussion on French Valley Airport. (PC 3/16/05) R:IGeneral PlanlComp Plan UpdatelFinal General Plan Addendum Document CC.doc 1 3. Page LU-20, change the density range for the Vineyard/Agriculture designation to 0.0 to 0.2. (PC 3/16/05) 4. Page LU-21 , Vineyards/Agriculture discussion. Delete the sentence that begins with "One dwelling unit". (PC 3/16/05) 5. Page LU-21 , Recreational Commercial Overlay, add the words "(including fractional ownership units)" after the word "resorts". (PC 3/16/05) 6. Page LU-26, Figure LU-3. make the following changes: A. Show the Temecula Creek Inn properties as a future specific Plan area "AA". (PC 3/16/05) B. Show the area of Land Use Request No.2 (Nicolas Road and Via Lobo) as future specific plan area "BB". (PC 3/16/05) 7. Page LU-31 , Table LU-5, add the following information on future specific plans "AA" and "BB" to this Table. A. Label on Fig. LU-3: Future Specific Plan: Location: Description/Objectives: General Plan Land Uses: Acres: B. Label on Fig. LU-3: Future Specific Plan: Location: Description/Objectives: General Plan Land Uses: Acres: AA Future Specific Plan AA Temecula Creek Inn Resort-related activities do not require a specific plan. Resort related uses include a golf course, hotel rooms, fractional ownership units, day spa, and ballroom. Any use of the site for residential, non- resort-related, or non-open space-related activities will require the approval of a specific plan. OS, Recreational Commercial Overlay 305 (PC 3/16/05) BB Future Specific Plan BB Southeast corner of Nicolas Road and Via Lobo A planned development overlay that will cluster development near the intersection of Nicolas Road and Via Lobo while preserving the channel and those areas to the south as well as other significant on-site resources. LD,OS 72 (PC 3/16/05) R:IGeneral PlanlComp Plan UpdatelFinal General Plan Addendum Document CC.doc 2 8. Page LU-32, Figure LU-4, make the following changes: A. Remove future specific plan area "BB" (Land Use Request No.2) from the Nicolas Valley Rural Preservation Area. (PC 3/16/05) B. Remove the area between Hwy 79 South and Temecula Creek from Rural Preservation Area 3. (PC 3/16/05) Circulation Element 1. Page C-11, add the following to the first paragraph under the Principal Arterial Section: "An exception to the standard cross section is found in the French Valley area. According to an agreement between Caltrans and the County of Riverside, the right-of-way for Winchester Road, between Hunter and Keller Roads, needs to be 184 feet wide." (PC 3/16/05, CC 3/22/05) 2. Page C-15, under the Modified Secondary Arterial heading, add a second paragraph that reads as follows: "The cross-section envisions a multi-use trail adjacent to one side of the roadway beyond the current 88-foot right-of-way. Prior to improving Ynez/DePortola Road to four lanes, the City will acquire sufficient right-of-way or easements necessary to extend the multi-use trail along all improved sections of the road." (CC 3/22/05) 3. Page C-33, to the end of the policy add the following: "unless is significantly impacts rural preservation areas." (CC 3/22/05) 4. Page C-33, delete policies 3.7 and 3.8. (CC 3/22/05) Open Space Conservation Element 1. Page OS-12 - Replace second paragraph with the following: "One groundwater production well was contaminated by a MTBE plume but subsequent aquifer remedial cleanup activities have allowed this facility to be placed back into service. Furthermore, other groundwater production wells were nearly contaminated by a separate MTBE plume, but subsequent aquifer remedial cleanup activities have allowed these facilities to remain in operation." (PC 3/16/05) 2. Page OS-18 - Revise Plans in Action to identify that there are Williamson Act contracts in the unincorporated portions of the Planning Area. (PC 3/16/05) 3. Add the following policies below Goal 6: A. "Policy 6.10 Work with the Pechanga Band of Luisefio Indians to identify and appropriately address cultural resources and tribal sacred sites through the development review process." (PC 3/16/05) B. "Policy 6.11 Encourage voluntary landowner efforts to protect cultural resource and tribal sacred sites consistent with State requirements." (PC 3/16/05) R:IGeneral PlanlComp Plan UpdatelFlnal General Plan Addendum Document CC.doc 3 4. Page OS-33, Implementation Measure OS-6. Replace the word "facilities" with "or treatment methods". (PC 3/16/05) 5. Add the following Implementation Measure: "OS-39 Tribal Cultural Resources Development projects proposed on previously undeveloped property which involve earth-disturbing activities or which are located in areas with previously identified cultural resources need to comply with the following requirements to appropriately address tribal cultural resources. . All projects shall be evaluated by a qualified archeologist by conducting a site records search, and if feasible, a Phase I walk-over survey, and if necessary, a Phase II survey prior to project approval to identify the potential for the presence of significant cultural resources. . If significant resources are located on the project site, or a high probability for cultural resources exists, the Pechanga Band of Luisefio Indians shall be consulted in the identification of mitigation measures to address impacts consistent with State requirements, including provisions to address inadvertent discoveries. . During on-site grading activities in areas with cultural resources, or with a high potential for cultural resources, a qualified archeologist and tribal monitors shall be on-site to monitor grading operations. . In the event of the discovery of a burial site, human bone or suspected human bone, grading in the immediate area shall be immediately halted and the site protected, and the County Coroner and representatives from Pechanga Band of Luisefio Indians notified. Agency/Department: Planning, Public Works Related Policy: 6.10" (PC 3/16/05) Growth Manaqement / Public Facilities Element 1. Pages GM-9 and GM-14 - Revise to indicate that a portion of the City of Temecula (primarily the Westside Business Centre area) is within the RCWD's wastewater service area and these wastewater flows are treated at RCWD's Santa Rosa Water Reclamation Facility, per Rancho California Water District comments on Draft EIR. (PC 3/16/05) 2. Page GM-16 - Update Table GM-2 to include current data provided by the Temecula Valley Unified School District as shown below. (PC 3/16/05) R:IGeneral PlanlComp Plan UpdatelFinal General Plan Addendum Document CC.doc 4 Table GM-2 School Facilities Student Name Location Enrollment as of Januarv 2005 ELEMENTARY SCHOOLS K-S) Alamos Elementarv' 38200 Pacific Park Drive 593 Barnett Elementarv 39925 Harveston Drive 387 French Vallev Elementarv' 36680 Cadv Road 1,037 Jackson Elementarv 32400 Camino San Dimas 928 Nicolas Valley 39600 N. General Kearney Road 918 Elementarv' Paloma Elementarv 42940 Via Rami 789 Pauba Vallev Elementa.rv 33125 Reoina Drive 884 Rancho Elementarv 31530 La Serena Wav 812 Red Hawk Elementarv' 32045 Camino San Jose 642 Reinke Elementarv 43799 Sunny Meadows Drive 1,122 Sparkman Elementarv 32225 Pio Pico Road 704 Temecula Elementarv 41951 Moraqa Road 792 Vail Elementarv 29915 Mira Loma Drive 773 Vintaqe Hills Elementarv 42240 Camino Romo 1,069 MIDDLE SCHOOLS (6-8) Bella Vista Middle 1 31650 Brownino Road 697 Day Middle 40775 Camino Camoos Verde 978 Gardner Middle 45125 Via Del Coronado 789 Maraarita Middle 30600 Maroarita Road 982 Temecula Middle 42075 Meadows Parkwav 1,349 Vail Ranch Middle 33340 Camino Piedra Roio 952 HIGH SCHOOLS (9-12\ Chaoarral Hiqh 27215 Nicolas Road 2,882 Great Oak Hiqh' 32555 Deer Hollow Wav 1,253 Temecula Vallev Hiqh 31555 Rancho Vista Road 2,868 Rancho Vista Continuation 31340 Rancho Vista Road 227 ADULT SCHOOL Temecula Adult School 31350 Rancho Vista Road n/a . . .. 1. Located within sphere of Influence. Source: Temecula Valley Unified School Dlstnct, February 2005. 3. Page GM-17, update Figure GM-2 to indicate the correct location of French Valley Elementary School. (PC 3/16/05) 4. Page GM-18 - Update Table GM-3 to include current data provided by the Temecula Valley Unified School District as shown below. (PC 3/16/05) R:IGeneral PlanlComp Plan UpdatelFinal General Plan Addendum Document CC.doc 5 Table GM-3 Future TVUSD Schools Location ELEMENTARY SCHOOLS Quinta Do La 0 in French Valle Mor an Hill Crowne Hill Wolf Creek Old Town Rori au h Ranch MIDDLE SCHOOLS Rori au h Ranch Middle School #8 Winchester 1800 S HIGH SCHOOLS High School #4 1 (in French Valley) Beyond 2006 ,. Located within sphere of influence. Source: Temecula Valley Unified School District, February, 2005. Estimated Completion Date 2005 2005 2005 2006 Be ond 2006 Be ond 2006 Be ond 2006 Beyond 2006 Public Safetv Element 1. Page PS-3, replace the discussion of the Seismic Hazard Mapping Act to read: "The purpose of the Act is to reduce the threat to public safety and minimize the loss of life and property by identifying and mitigating these seismic hazards. The Seismic Hazards Mapping Act (Public Resources Code Section 2690, et. seq.) directs the State Geologist to identify and map areas prone to earthquake hazards of liquefaction, earthquake-induced landslides and amplified ground shaking. The Act requires site-specific geotechnical investigations be conducted identifying the hazard and formulating mitigation measures prior to permitting most developments designed for human occupancy within the Zones of Required Investigation." (PC 3/16/05) 2. Page PS-3, delete the discussion on the Landslide Hazard Identification Program. (PC 3/16/05) 3. Page PS-9, replace the Plans in Action discussion with the following: "California law requires disclosure of Liquefaction, Landslide, and Alquist-Priolo Earthquake Fault zones as a part of all real estate transactions within identified areas." (PC 3/16/05) 4. Page PS-17, add the following to the end of the second paragraph "One important way that residents participate in the City's emergency preparedness program is through the Temecula Citizen's Corps. Created in 2002, the Corps is a community-based volunteer organization whose goal is to prepare for natural disasters or terrorist activity through coordinated response at the neighborhood level. In the event of an emergency, the Corps will assist the City government by providing assistance in cases where the scale of the incident has overwhelmed conventional emergency services." (CC 4/12/05) R:IGeneral PlanlComp Plan UpdatelFinal General Plan Addendum Document CC.doc 6 5. Page PS-21 , add the following policy statement under Goal NO.4. "Policy 4.6 Discourage the closure of streets that limit or delay access for emergency services." (PC 3/16/05) R:IGeneral PlanlComp Plan UpdatelFinal General Plan Addendum Document CC.doc 7 ATTACHMENT NO.6 ACTION SUMMARY OF LAND USE MAP CHANGE REQUESTS R:IGeneral PlanlComp Plan UpdatelStaff Report CC2.doc 24 ACTION SUMMARY OF LAND USE MAP REQUESTS NO. APPLICANT/LOCATION REQUEST CAC RECO PC RECO Peter Sterling - east side Public Institutional to 1 of Margarita Road north Professional Office. YES YES of the Santa Gertrudis Creek channel Garrett Group - southeast Very Low Density YES 2 corner of Nicolas Road (04 du/ac) to (Low Density and and Via Lobo Low Density N01 Open Space with (1.0 - 2.0 du/ac) a future specific r+ 42 Additional Unitsl plan overlv) Malinda Smith - southeast Medium Density 3 corner of Margarita Road (7 -12 du/ac) to and Solana Way Professional Office and YES YES Open Space. r- 70 Unitsl Steve Galvez - between Very Low Density 4 Butterfield Stage Road (0.4 du/ac) to NO' and Walcott Lane Low Medium Density NO' (3 - 6 du/ac) r+35 Additional Unitsl Larry Markham - Very Low Density 5 northeast corner of (0.4 du/ac) to Nicolas Road and Calle Low Medium Density NO' NO' Medusa (3-6 du/ac) r+72 Additional Units I 6 Larry Markham - south of Open Space to NO NO Temecula Creek Villaqe Professional Office Larry Markham - Professional Office to northside of Loma Linda Low Medium Density 7 Road east of Rawhide (3 - 6 du/ac) and YES Park Medium Density YES (Low Medium (7 -12 du/ac) Density only) [Between 200 and 418 Additional Units I Larry Markham - west of Industrial Park to the Temecula Education Community Project Commercial, Medium 8 Density (7 -12 du/ac) N02 N02 and/or High Density (13 - 20 du/ac) [Between 500 and 800 Additional Units 1 Spanos Development - Industrial Park to southwest of the Medium Density 9 Temecula Education (7 -12 du/ac) or Project High Density NO 2 NO 2 (13 - 20 du/ac) [Between 400 and 600 Additional Units 1 R:IGeneral PlanlComp Plan UpdatelStaff Report CC2.doc 25 NO. APPLICANT/LOCATION REQUEST CAC RECO PC RECO May Group - northwest Very Low Density corner of Butterfield (0.4 du/ac) to 10 Stage Road and Chemin Low Medium Density Clinet (3 - 6 du/ac) and YES YES Low Density (1 - 2 dulac) r+ 14 Additional Units I 11 Pat Fay - northwest Professional Office to corner of Margarita Road Community NO NO and Dartolo Road Commercial 12 Previouslv aooroved. YES YES Open Space with a Recreational Commercial Overlay to Open Space with a Recreational NO NO Commercial Overlay, 13 Low Medium Density Temecula Creek Inn (3 to 6 du/ac) . f+360 Additional Units I Designate as a future NO YES specific alan overlav Include single family residential in the NO NO description of the future soecific plan 14 Mel Malkoff - northeast Very Low Density corner of SR-79S and (0.4 du/ac) to NO NO Jedediah Smith Road Professional Office 15 Reauest Withdrawn. N/A 0 N/A 16 Hsiao-Feng Chao - east Neighborhood side of Winchester Road Commercial to N/A 3 NO at Rustic Glen Professional Office American Property Professional Office to YES 17 Enterprises - southeast High Density N/A 3 (Medium Density corner of Ynez Road and (13-20 du/ac) Tierra Vista r+36 Additional Units I only) Matthew Fagan - Pauba Low Density Road east of Margarita (1 - 2 du/ac) to N/A 3 NO 18 Road Neighborhood Commercial Remove from N/A 3 NO Chaparral Area Notes: 1. Nicolas Valley Area Deferral 2. Temecula Education Project Deferral 3. Request received after the Community Advisory Committee completed its work and submitted a recommended General Plan to the Plannina Commission and Citv Council. R:IGeneral PlanlComp Plan UpdatelStaff Report CC2.doc 26 ATTACHMENT NO.7 LOCATION MAPS FOR LAND USE MAP REQUESTS R:IGeneral PlanlComp Plan UpdatelStaff Report CC2.doc 27 REQUEST NO.1 Cl) .. 41t UI f..1 CURRENT LAND USE DESIGNATION: Public Institutional REQUESTED LAND USE DESIGNATION: Professional Office R:IGeneral PlanlComp Plan UpdatelStaff Report CC2.doc 28 REQUEST NO.2 CURRENT LAND USE DESIGNATION: Very Low Density Residential REQUESTED LAND USE DESIGNATION: Low Density Residential RECOMMENDED DESIGNATION: Low Density Residential, Open Space, with a Specific Plan Overlay R:IGeneral PlanlComp Plan UpdatelStaff Report CC2.doc 29 REQUEST NO.3 CURRENT LAND USE DESIGNATION: Medium Density Residential REQUESTED LAND USE DESIGNATION: Professional Office and Open Space R:IGeneral PlanlComp Plan UpdatelStaff Report CC2.doc 30 REQUEST NO.4 11; 4.. 41t Itlf..l CURRENT LAND USE DESIGNATION: Very Low Density Residential REQUESTED LAND USE DESIGNATION: Low Density Residential R:IGeneral PlanlComp Plan UpdatelStaff Report CC2.doc 31 REQUEST NO.5 4... I ..... II' l:lt ,..1 CURRENT LAND USE DESIGNATION: Very Low Density Residential REQUESTED LAND USE DESIGNATION: Low Medium Density Residential R:IGeneral PlanlComp Plan UpdatelStaff Report CC2.doc 32 REQUEST NO.6 'iD' (l) CURRENT LAND USE DESIGNATION: Open Space REQUESTED LAND USE DESIGNATION: Professional Office R:IGeneral PlanlComp Plan UpdatelStaff Report CC2.doc 33 REQUEST NO.7 CURRENT LAND USE DESIGNATION: Professional Office REQUESTED LAND USE DESIGNATION: Low Density Residential and Medium Density Residential R:IGeneral PlanlComp Plan UpdatelStaff Report CC2.doc 34 REQUEST NO.8 UI . ... "' .!" rut CURRENT LAND USE DESIGNATION: Industrial Park REQUESTED LAND USE DESIGNATION: Community Commercial, Medium Density Residential, High Density Residential R:IGeneral PlanlComp Plan UpdatelStaff Report CC2.doc 35 (l) REQUEST NO.9 CURRENT LAND USE DESIGNATION: Industrial Park REQUESTED LAND USE DESIGNATION: Medium or High Density Residential R:IGeneral PlanlComp Plan UpdatelStaff Report CC2.doc 36 REQUEST NO. 10 CURRENT LAND USE DESIGNATION: Very Low Density Residential REQUESTED LAND USE DESIGNATION: Low Density Residential and Low Medium Density Residential R:IGeneral PlanlComp Plan UpdatelStaff Report CC2.doc 37 REQUEST NO. 11 (j) CURRENT LAND USE DESIGNATION: Professional Office REQUESTED LAND USE DESIGNATION: Community Commercial R:IGeneral PlanlComp Plan UpdatelStaff Report CC2.doc 38 REQUEST NO.13 (l) ,- CURRENT LAND USE DESIGNATION: Open Space with Recreational Commercial Overlay REQUESTED LAND USE DESIGNATION: Open Space with Recreational Commercial Overlay, and Low Medium Density Residential, with a Specific Plan Overlay. R:IGeneral PlanlComp Plan UpdatelStaff Report CC2.doc 39 REQUEST NO.14 <l> CURRENT LAND USE DESIGNATION: Very Low Density Residential REQUESTED LAND USE DESIGNATION: Professional Office R:IGeneral PlanlComp Plan UpdatelStaff Report CC2.doc 40 REQUEST NO.16 CURRENT LAND USE DESIGNATION: Neighborhood Commercial REQUESTED LAND USE DESIGNATION: Professional Office R:IGeneral PlanlComp Plan UpdatelStaff Report CC2.doc 41 REQUEST NO. 17 Cl) .... . 41t 1t1,..1 CURRENT LAND USE DESIGNATION: Professional Office REQUESTED LAND USE DESIGNATION: High Density Residential RECOMMENDED DESIGNATION: Medium Density Residential R:IGeneral PlanlComp Plan UpdatelStaff Report CC2.doc 42 REQUEST NO.18 CURRENT LAND USE DESIGNATION: Very Low Density Residential REQUESTED LAND USE DESIGNATION: Neighborhood Commercial R:IGeneral PlanlComp Plan UpdatelStaff Report CC2.doc 43 ATTACHMENT NO.8 LAND USE MAP CHANGE REQUEST CORRESPONDENCE R:IGeneral PlanlComp Plan UpdatelStaff Report CC2.doc 44 l'\j ~ o () WM 11 Partners, LP 2398 San Diego Avenue San Diego, CA 92110 J Phone (619) 542-0086 Fax (619) 542-0165 June 18,2002 If:;;, r~-I'~ 1"0; r~I'Is; "~il i'I'" lr] t, ., \. L, jl Ii . . - i i! I" 1'1' Ii 'i : - 0 .1 j~ "!'L' JUN 2 2002 i:1 Ii !Ii i i; r' , ! ~yj) fi._..o===l Mr. David Hogan, Senior Planner City of Temecula Community Development Department 43200 Business Park Drive Temecula, CA 92589-9033 Re: General Plan Revision of PI Zoned Property Dear David: Per our recent discussion, we are requesting that you add a request to your city-wide General Plan Amendment to the City of Temecula Planning Commission/City Council to amend the existing General Plan and Zoning for the property that we own (attached as Exhibit A) from Public Institution (PI) to Professional Office (PO). At a recent meeting with Don Hazen, Thomas Thornsley, Gary Nogle and Ed Anderson, it was unanimously concluded that the original PI Zoning designation for this property was in error. It was somehow included in the PI Zone along with the high school that is across the creek. All parties at the meeting concluded that it would be most advantageous to include this General Plan/Zone change in your upcoming revisions rather than require WM 11 Partners LP to apply for its own amendment. For your information, I am enclosing a letter from you, dated October 7, 1998, concluding (as did Ron Parks) that this site (as well as the Rustic Glen site to the east) has development potential. We received Development Plan approval for this site on March 1,2001. (Copy of the Conditions of Approval with attachment is enclosed). Also enclosed is a sketch of the proposed 5000 SF office use. Please get back to me at my North Carolina office (828-263-0065) and let me know if we will be included in your recommended General Plan/Zoning changes this fall. Do you require anything else from us? \~. , o o Mr. David Hogan, City of Temecula June 18,2002 Thank you for your assistance. Sincerely, WM 11 PARTNERS LP ~~PARTNER By: '-- . Peter Sterling, Manager cc: Don Hazen w/encls. cc: Thomas Thornsley w/enc\s. Page 2 LINE TABLE LENGTH 8fAR/NG LI 33.24 N 5'57'U"( L2 18.13 N45"/O'47" W 58. 14 >IlI3'40' "W L4 '44.75 NI2"/O' II". L5 55.75 N47"49'III"W L6 50.00 N19'Ol '20"W L7 16.96 N70'02'oo"W L8 51.42 N37"24 '55". L9 34.23 N23'55'1 / " LlO 74.15 N78"14'49". LlI 159.68 N15'/8'4". CURVE TABLE CURVf D€LTA Li:NGTH CI 28"47'56" 50.26 C2 03"04'06" 102. /8 C3 19'07'/2" J03.04 C4 I 05'''" 291.111 ~ 3'07'46" 549.85 C8 9'5 'U" 138.64 C7 14"04'29" 12/.45 C8 I 27'.14- 4"'.6.J C9 1'15'J5" 4/10.70 C10 03"04 '06" 1/2.22 CI' 19-07'1. J65.5lI elz '~"'J8. 4".~ CIS 94....J.21 1t/d.85' '4 9"' 117.-' LOT . UHf 'V ~~~ LINE . EXHIBIT,1' 0 20JUSTMENT PA. 98-0477 it SCALE: 1" = 300' ~ IL ~ ~ ~~~ ~s:!~ ~ ~q; Il,;;' ~~ ~. ~~~i' ~~~ Jfl-si& '!!\\l: ~~~ ~~~ ~~ RAD/US /00.00 19011.10 9011. 10 1/01/.10 10087.00 26/.00 5/.00 1655.00 /295.50 2015.50 /015.50 12911.50 ~/.~ 39.tId. .' .,'0 .of>. t>,'b ~ -. --- :;:'NIldIO'5G"E /26.00' TE,ffECl/t.A VALLEY tJI.IlFIEO SCHML DIST/(fCT PER CRAAlT DEED RECt1RfJEfJ 9/:Jt1/9J @IIIST/(l/MENT NO. ')847(,7 LEGAL DESCRIPTION: PARCELS D AND E OF LOT LINE ADJUSTMENT NO. PA95-044, RECORDED SEPTEMBER 15, 1995 AS INSTRUMENT NO. 304810 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA PREPARED UNDER THE SUPERVISION OF: OWNERIAPPLICANT: WM 11 PARTNERS LP 2398 SAN D I EGO AVENUE SAN D I EGO, CA 92110 A.P. NO'S. 911-170-78, 85, & 90 AREA I :: /.1.38 At. (tiR()SS) //.7JAC, (NET) AREA 2 =5.45ACI?ES d:-~~~.,-- JACK L. OSBO N RCE 16583 ALTA CONSULTANTS PLANNING BNGINEBlUNG st1RVlrYING _.....ft. lI_ __ D'--" __ ~^^ <0_ ..._ .....-..... ,....... .... ..... ..__ I."U "'-1 ......... 0 0 \ \ \ . - .9. - ~ ~ .~ ~i ~ . -i~ \ ~~ , ~ ~ , ~ ~ , ,R ~ ~ \~~ \t &~ \~ J . \ / \ c ( () 2..- BOY SCOUTS OF AMERICA CALIFORNIA INLAND EMPIRE COUNCil 1230 Indiana Court. Redlands, California 92374-2896 (909) 793-2463 or 825-8844 . FAX: 793-0306 6 November 2002 M< Gary Tbornhill, Deputy City Manager City of Temecula PLuming / Community Development Dept Po. Box 9033 TemecuIa, CA 92589-9033 Alln: M< Dave Hogan, Gen=l Plan Upd.te Manager Ro; City of Temecul. General Plan / Zone Design.tion Modification for 73 acre site located at the corner Of Nicolas Road and Via Lobo, TemecuIa APN# 919-350- 017,018,019,020 Mr. Hogan, This letter is a formal request to the Planning Department for the consideration of rezoning the above descnbed property from <~ery Low Residential Density" (VL) to "Low Medium Residential" (LM) as part of the City's current review and revision of the City's Gen=l Plan. We believe that this density is compatible with the surrounding property and would be bendicial to both the City and ourselves. Please direct all communications, or any questions that you may have to: . The California Inland Empire Council of the Boy Scouts of America Alln: Donald Townsend 1230 Indiana Court Redlands, CA 92374-2896 . Mr. Rob Partin, Correspondent The Gorrell Group, u..C 43592 Ridge Park Drive Temecula, CA 92590 . Ronald Bradley, Correspondent 30348 Via Canada Temecu1a, CA 92592 909/693-0036 Thank you for your considetation 0 ~doutExecntive A program for Cub Scouts, Boy Scouts, Co-ed Ventures. and Co-ed Explorers Supported by Friends of Scouting, Endowment Funds, and United Way Remember Scouting in your will. I ,,' , ., I '---", --- . \ \ 0 "'-. If., {"i .::>...1^-\ ,I '" / ~,b. ';;::".A ,~ . 'L-.-,I ",'" '^\!I!liltQ,~"" /~f rY \ - -\ .--" "." ',', c2;; Vi-3: !. "'. 'S ' ", ' . \..l--- \, j'::j.. Vr::. i~"""'/~ /l::::l ~ ' m" "".." --'--" \~-"fT/rr' n~ i~~(~~/ :-tii/;l .. .." ~ ,(,.,~-,r-q\dl.i\\~~, )'!:.:, ,.,.'.... \~\" " ~\ffi~,.J&@~~ - ., , \\ A.I '~,11:r-;.. <:: ." ' "CfII>>- \ , ~~ .y ;~. '~I: -d.: ' ",' \ ' ~ , ' ,<c,~' : \--7 ~j\-JYk r.o "',1 ! ---:. ':,'(""" \ - t-.. ~ ',', "i}l ~\ .:[ :.1'-" . Ii' " I fJ l" _ ,....' ' "" ".. ,-- \, 1/ r l".1 r \ 111111111111 "".' I ''-! 111111111 ' \. 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The Garren Group, llC An Investment Management Company Februal)' 15, 2005 City of Temecula Planning Commisioners 432000 Business Park Drive Temecula, CA 92590 Subject: Planning Commission Meeting of Februal)' 16,2005 Public Hearing Item 3 - General Plan Update as it pertains to the Nicolas 73 Project - Planning Application 01-0415 (Re-submitted 11/12/2004) with request for Change of Zone and General Plan Land Use Designation change. (Tentative Tract Map 32196) Dear Commissioners: We are in receipt of Mr. Hogan's letter of Janual)' 21, 2005 with regard to the above application. Further to the original request with regard to the Land Use designation, which was made by the previous owners on November 6, 2002, (a copy of wIIich is enclosed) we respectfully request the Planning Commission review the General Plan Update currently under consideration, and change the land use designation for this property from "Vel)' Low Residential Density" (VL) 0.2-0.4 Units/net acre to "Low Residential Density" ILl 0.5-2.9 Units/net acre. As called out in the General Plan Update Land Use Section "Typical lot sizes (in the "L" designation) range from 0.5 to 2.0 acres, however, clustering of development may be appropriate to minimize grading requirements and impact to environmentally sensitive areas". Our proposed use will be consistent with the Land Use designation of "Low Residential Density" (L) which has been included in the General Plan Update for the neighboring property in the Meadowview development on the southem boundal)' . As other surrounding land uses are of a higher density, we feel that this designation suggests an effective and smooth transition to the rolling hills of the Meadowview area, will be beneficial to the City and provide for a quality community. Specifically, by carefully placing home sites, the proposed project will preserve 51.75 acres of open space. At your suggestion, we held a COmmunity Meeting for the surrounding residents on November 17, 2003, and our project was well received by the attendees. Subsequently another meeting was held in the earty part of 2004 by the Citizens Advlsol)' Committee (as detailed in a,letter dllte<fJuly 28,2004 by Mr. Greg Morrison). Unfortunately, our project was absorbed by concems over three other projects, thus we were unable to gain a positive recommendation at that time from CAC to the City. We then met with Planning Staff at a Development Review Committee meeting on July 15, 2004, a summaI)' of which is detailed in a letter from the Planning Department dated July 22, 2004 (attached hereto) in which we were advised that the 'CAC was supportive ofthe concept of clustered development, they supported taking primary access from the intersection of Nicolas Road and Via Lobo, and they supported the gross density of one dwelling unit per acre". We were also asked to consider revising our Tentative Map to support lots of not less than 10,000 square feet. 43529 Rid!le Pari< Drive Temecuta. CA 92590 Phone 9510506-6556 www.TheGarrettGroupllC.com 2.. The Garren GrODP,llC An Investment Management Company Then, a letter dated July 27, 2004 from the Planning Department advised us that the information in the previous letter was 'incorrect', and that the CAC was not in support of a change in the gross density for the project, In an effort to continue to move our project forward in anticipation ofthe General Plan Update, we prepared a revised Tentative Map to indude the Low-Density designation, and this was submitted to Planning on November 12, 2004. Since that time the Tentative Map re-submittal has been on hold pending the General Plan Update consideration. Through continued communication with the City representatives, we believe our proposed project presents a balanced development with a great deal of open space as a buffer to Meadowview, high quality homes with beautiful elevations on all sides, and larger lots than previously proposed. Specifically, our proposed project contains 70 buildable lots averaging 12,959 sq. ft. Those 70 home sites constitute a density of 0.98 units per net acre, as defined in the "L"land use designation. Endosed for your review is an exhibit ofthe proposed land use area for the property. Should you require any additional information, please do not hesitate to contact me. sr~.f /J;J:imond1L Director Land and Forward Planning Division Cc: Bradley Hay, Hunsaker & AsSociates 43529 RidQe Park Orive Temecula. CA 92590 Phone 95Hj06-6556 www.TheGarrettGrouDlLC.com ( '. Q Wz (1)0 0_ A.I- Oct I:Cz a." - 0.0 ::JW Oc (I:C "UJ I-~ I-C Wz 1I:c( I:C~ c( " (" .-.". ~ . . ~ o W\ () - ...I - - en o - -= :i u c ....... 5 15 :;::; CD ! o . IX ....... . o CD 16 N I 10 . - ~ o ...I i a. o L i~l~ c( I- - aD - :E >< W 8~ c Wz (1)0 0_ a.1- Oc( a:z A.CJ - a. en :)w oc a:w CJen ,::) I- I-c ~~ a:... ~ - i d ! >C CJ &\I :I: CJ C =>> Q ('I I IQ - ~ ..J '2.. M:~ ,;; l~iJ! at _ ~ I~i~ . I ~ iih1 m I- - m - :c >< w . ~' ., , 2-3 {' \ July 28, 2004 Bob, Please find outlined below a brief description ofthe discussion that took place a couple of months ago at the General Plan Citizens Advisory Committee (CAe). This is my best recolIection of the discussion that took place during the review of the Nicolas 73 project. City staff asked the Committee to review Nicolas 73 and make recommendations for staff to forward to the Planning Commission and City Council. After careful consideration by the CAC, a motion was made and seconded to approve Nicolas 73 with a Planned Development Overlay (PDO). The project was approved with the PD~. Several points were made with regard to the project that played a key role in approving Nicolas 73 and the PD~. They are as folIows: ( 1. In order to preserve the natural landscape of the project area, the PD~ suggested a density of one-acre net with a 7,200 average lot size. This would alIow the project to make a smoother transition to the rolling hills ofMeadowview and surrounding development. 2. Precedent had already been set by a similar recommendation from the CAC for future development in Chaparral Estates; east ofYnez Road. That recommendation went forward with a similar PDO of one-acre net lot size to rnaintain the surrounding natural landscape. 3. Nicolas 73 would also make flood control improvements to the blank channel, saving the City ofTemecula approximately $25,000 to $30,000 a year in rnaintenance costs. 4. The project is already bordered on three sides by much higher densityresidential development and the CAC believed Nicolas 73 would provide the City with a beneficial model for future development in Nicolas ValIey east of Calle Medusa. EspecialIy with the encroaching development from the east, like Roripaugh Ranch and others. Later that evening, the CAC was presented with two or three additional considerations for zone changes east of Calle Medusa. During that discussion, several CAC members felt that since their decision could impact the future development and zoning for the entire eastern portion of the Nicolas Valley, a town halI meeting should be scheduled to obtain (, community input on what kind of development should be considered. . . " 2. There was general consensus to have this town hall meeting, since the CAC was considering more substantial zoning changes for the whole Nicolas Valley. However, a couple ofCAC members also believed that Nicolas 73 should be included in that discussion. . Myself as well as several other CAC members disagreed with this viewpoint, because we felt that Nicolas 73 was more of an "infill" project that already had high density residential on three sides and Meadowview on its southern botmdary. Myself and a few other CAC members were concerned that the Committee was not comparing "apples to apples" with Nicolas 73 and the rural Nicolas Valley. We were also concerned because we had already approved Nicolas 73 with a PD~. However, a motion was made and seconded to reverse our approval of Nicolas 73 and combine all four projects for future consideration by the CAC after the town hall meeting. The motion passed. I hope this helps with your discussion with City Council members and staff. I would be happy to discuss this with you and/or staff in more detail. Sincerely, Greg Morrison Chairman, General Plan Citizens Advisory Committee 909-376-1318 o o 3 November 26, 2002 Mr. David W. Hogan, Principal Planner City ofTemecula Community Development Department - Planning Division 43200 Business Park Drive P.O. Box 9033 TemecuJa. CA 92589-9033 SUBJECT: General Pian Update - Request for Change to General Plan Land Use Plan for 9.22 acres located east of Margarita Road, north of Via la Vida and south of Solana Way (Assessor Parcel Numbers 921-220-024,921-030-025,921-030-026921-330-027 and 921-330-005) Dear Mr. Hogan: The purpose of this letter is to present my fonnal request the Planning Division to change the City of Temecula's General Plan Land Use designation for the above referenced properties during the General Plan Update. The proposal is to change the General Plan Land Use designations on the site from 9.22 acres of M (Medium Density Residential, 7-12 dwelling units per acre) to a mixed-use combination of 4.44 acres of PO (professional Office) and 2.23 acres ofNC (Neighborhood Commercial), with the remainder 2.55 acres to be designated OS-C (Open Spare - Conservation). This request is depicted on Attachment A (proposed General Plan Land Use Designations). The rationale/justification fur the changes are listed below: I. The change from M (Medium Density Residential, 7-12 dwelling unitslacre) to PO (Professional Office) is a logical change because it would represent an extension of uses that are consistent and compatible with the my existing ABC Pre-School located on Solana Way. 2. The change from M (Medium Density Residential, 7-12 dwelling units/acre) to NC (NC;)ighborhood Commercial) is a logical change because limited commercial development would be appropriate at the intersection of Margarita Road and Solana Way. 3. The current General Plan Land Use Designation ofM (Medium Density Residential, 7-12 dwelling units/acre) is no longer a feasible option in this area. There is currently sufficient multi-family residential development in the area, 4. A mixed-use development in this particular area will serve to fulfill the City's desire to 'create ''Village Centers". As proposed, the change to PO (ProfesSiOnal',' , ce) and NC (Neighborhood Commercial) and would allow services that are compatible in use and scale ' n an area that has concentrated residential uses. Surrounding residents would be provided an opportunity" walk to commercial and office uses, thereby allowing them to fulfill some of their daily needs without traveling to other portions of the City. In addition, for those individnals working at the site, they also would have the potential to meet some of their daily needs 29'lO5 SOLANA WAY TEMECULA, CA 92591 (909) 699-5251 Email: office@abccares.com FAX (909) 676-7445 o o without requiring them to leave the site. Therefore, the potential exists to reduce dependency on the automobile. 5. Approximately 2.55 acres would remain in permanent open space. This would help the City in its desire to preserve open space areas. 6. 1be design would be high quality. Future development on the site would have to be consistent with the City's Development Code and City-Wide Design Guidelines and ultimately be approved by the Planning Commission. This, in conjunction with my ultimate vision for the site will ensure that future development will be high quality. Examples of my vision for the site are included as Attachment B (property Vision Photographs). 7. Public transit is immediately available adjacent to the property along Margarita Road. A change to the General Plan Land Use designation from M (Medium Density Residential, 7-12 dwelling units per acre) to a mixed-use combination of PO (professional Office), NC (Neighborhood Commercial) and OS-C (Open Space - Conservation) would further support public transit. s. As the property owner, I am open to the possibility of limiting permitted and conditionally uses, building heights, hours of operation and ather modifications to development standards in order to ensure compatibility with surrounding residential uses. Drive-through uses, gas stations and ather similar impacting uses could be limited or not permitted. 9. 1be property is located in immediate proximity of the site where Guidant is proposing their expansion. The proximity of the site to Guidant would be complimentary and has the potential to reduce dependency on the automobile (see NO.4 above), As you can see from the extensive list of rationales/justifications above, the proposed changes to the City's General Plan Land Use designations from M (Medium Density Residential, 7-12 dwelling units per acre) to a mixed-use combination of PO (Professional Office), NC (Neighborhood Commercial) and OS-C (Open Space - Cmservation) represents a logical transition in the area and should be integrated into the General Plan Update. It is also our understanding that the neighbor in the immediate area would support this change, as they feel that there is sufficient multi-family housing in the area. Please respond in writing with staff's position on this requested change. I request that you keep me and my representatives apprised of all discussions and meetings pertaining to the City's General Plan Update. 29705 SOLANA WAY TEMECULA, CA 92591 (909) 699-5251 "I Email: office@abccares.com FAX (909) 67&-7445 o o Please contact me at 909.699.5251, Ronald Bradley at 909.693.0036 or Matthew Fagan at 909.699.2338 if you have any questions or require any additional information. Sincerely, o/~~ Malinda Smith Cc: Mayor and City Council Planning Commission Shawn Nelson Gary Thornhill Martin Terzian Ronald Bradley Matthew Fagan 29705 SOLANA WAY TEMECULA, CA 92591 (909) 699-5251 Email: office@abccares.com FAX (909) 676-7445 o o ATTACHMENT A PROPOSED GENERAL PLAN LAND USE DESIGNA nONS 1971lS SOLANA WAY TEMECULA. CA 92591 (909) 699-5251 EmaiI: office@abccares.com FAX (909) 676-7445 ;l d (') Z "1J 0 '" :u > z fi 0 " Ul :I: r:1 f'1 CD :u 0 Ul ~ Ul :u 0 ::;j :I: 0 0 ~ Z 0 0 ~ 0 0 (') ." Ul 0 ::!J 1 3:: (') (') 3:: f'1 .".. f'1 :u ~ (') "1J :;;: 0 r .".. ~ z ~ <D N N ... N In " :,.. '" OJ> '" ... 1; 1; l> 1; (') :u :u :u :u f'1 f'1 f'1 f'1 Ul Ul Ul Ul o I I I ) ) -------------------------~ _ _ _ _ _ _ ..M!\jlGARJTlL~OAD _ _ _ _ __ I , I , 1 , I , I , I o 1 , I , I , I , I , 1< ,:;;: 1<; i~ ,l> 1 o I , I , 1 o I / ' / ! I / I, I / I , / / / , '/ ;~ I , I , I , I , I , I , I , I , I , I , I , l:g 0<; Ij; i~ , I o I , I o I o I , I , I o I , I o I , I , I o I , I , I , I , / , / c) I o I , I I I I I I "------- (------ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I / I I I I I I I I I I I I I I I I I I I I I / I o o ATTACHMENT B PROPERTY VISION PHOTOGRAPHS 29'1OS SOLANA WAY TEMECULA, CA 92591 (909) 699-5251 Email: omce@abccares.com FAX (909) 676-7445 o o ~ :::.II:. _..JIo ..:..~ o o ( ( ( 4- Steve Galvez 45621 Corte Royal Temecula, CA 92592 909-855-3338 General Plan Advisory Committee City of Temecula C/O Dave Hogan 43200 Business Park Dr Temecula, CA 92589-9033 Re: APN 957-170-032,033,034,035,036 Dear Mr. Hogan: My partners and I spoke to you back in October of 2003. You may also recall the letter 'in regards to the above mentioned parcel numbers. Over the last few months we have been working with Markham Development Management Group on our 22 acres that is adjacent to the new Shea Development and just west of Roripaugh. I have enclosed a parcel map to further illustrate where our property is located. We would like to request a modification to the General Plan from our existing zoning of VL to LM. Once the zoning is changed to LM we will fully develop and beautify this parcel. This enhancement to the parcel will greatly improve the aesthetic value as compared to its current state. Our parcels have access to all utilities, sewer, water, etc. The parcels are located next to a major subdivision, Shea Development. In addition, infrastructure support exists in the form of a major transportation corridor. This corridor is the Butterfield Stage Road and Walcott Lane. We are residents of Temecula. We definitely have an interest in our City. If the zoning remains as VL status, the enormous cost to improve the land could not feasibly be absorbed, However, if the zoning is changed to L.M status, such costs to improve the land would be feasible. We are formally requesting a Modification to the General Plan from VL to LM, to help offset the enormous costs that will be incurred to improve this parcel and the surrounding area. ' I appreciate the consideration that will be given to this project and I look forward to working with you in the future. Z";J t / ~:Ve Galvez <'\rv'({ CC: Ulf Grefelt, Ed Galvez '-' ~ ...... ~~ , :;;:1 0--:;; .0 ~o~ ~ ~9? ~ ~~ :;;0;:; .., ~ ,.: ... ... ~ @ @ ~ ='::5 o => V>~ r--:i5 I-~ =\!;~ C"ol/= =- C"ol~ <.> ' ....... V> t =.....::1 _~__ -~...- "ol!l ,,~- ,.:~S g<co ~I~ I~: ~~ !?lli9 ~i~ ~~~ ~= ii-~ !!Ii.. s~; @ 7L ....' '-, J ~ -- ..... .... !i i@~ ,I ! i@~ <: ,- ~-- =/1 I :r,j'\~~! ;!\3I... _ - '" - m 0 =. i @ '" ~ '" % ~ 'A~ ~\Y, ~ ~~. " or . . i i ~ .A~ ;~= . ~ -=~ ~\Y. . .... - :;;~~; dJ :g:g :8:2:2~ an on..., ....,c::o_..... ~ ;: .....r-_DOC'ooI~ct;;!i!!i!!ii!:= =0 S!:~;;;~~~~::a:::&::I!::I!! ..... l:I.,.Q..a...o... ,.~ ~~!i!~~~Sl GOca_,.., -00 g-~if6!:ii!S!"''l:J: I ~....-, ~~~<:-~~ .J::j:m:2~.s:.~~~S~a~ '- -.~.:;:::~,:...- ~ ~ :e c;; co ;: :::! _ r:::-__.., ...- ~=-:::a ... !i~ifE!~~S!S!fi!5: Q..D.. n ~ i@~ . @ ... -~- , ~ ! ~=~ '=-' . ~ . '~ - ~ i" ~ i/(;;\ '\;Y @ @ @J ~ " uW I = ~ ~ !e~ ,. 2 · = ~ !e~ ~. ~ ~ = ~ ;8; - l i = ~ i ! !0P i I ~ p ~ ~ W - 0_ ~- ~8 i!Z!i,.:; i ~] ! fi~ ~.. - - c;) w 4 t I I ! ! [' I' ~" 4'2 ( 11/03/03 \~OV 5 2003 , :; ~ \ ;1 " City of Temecula David Hogan, AICP 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 \ ,,_:_.,,~:::;.,=,,--:;.--,-l Dear Mr. Hogan I want to thank you for the time that you spent with us last Thursday the 30th of October. Your input was appreciated by all of us. ( , I, along with my partners Ed Galvez and Ulf Grefelt , am writing this letter to you in regards to our parcel numbers 957-170-032-36. These parcels total 22 acres that border Butterfield Stage Road and Walcott Lane; it is adjacent to the Shea Homes development. We are currently in negotiations to purchase an additional 8 acres on the North end ofthese parcels. The current zoning is 2.5 acre minimums. We will be petitioning in the very near future for zoning amendment to Y. acre minimums. The current topography of the 22 acres is not conducive to the proposed zoning. However, we intend to spend approximately two 'hundred thousand dollars in grading and in rill dirt to alter the topography that is more suitable for ranchette style homes and will give greater appeal to the area and more importantly to the surrounding neighborhoods. We envision this area to be an extension ofMeadowview that would serve as a buffer zone to the current Shea Development and the Roripaugh Specific Plan. We have already started the engineering process with Mr. Randy Fleming of Engineering Ventures. Through our initial meetings with Mr. Fleming we believe that cooperating with the City of Temecula we could speed up and help r'ei:luce the cost to construct Butterfield Stage Road. We look forward to attending the Public Hearing meetings and working with the City of Temecula in this venture. I, as well as my partners, have a special interest in this project because we are not outside investors. We all live in the City of Temecula and believe in taking an active participation in the area that we live in. ( Sincerely L.._ /' ?:~G&1}OJ"'o 909-855-3338 ~ March 7,2005 Steve Galvez 45621 Corte Royal Temecula, Ca 92592 City of Temecula David Hogan Principal Planner Dear Mr. Hogan Please accept the following petition from the residents of Leifer Rd. We had a unarnious reception for the zone change on our parcel in exchange to contribute to the paving of Leifer Rd, We have also spoken to council members, who would support the project, as long as there is no opposition. There has not been. If you would be so kind as to forward this petition to the appropriate planning commission members, I would greatly appreciate it. Reg~!Jis/ A.// ,;;::- , Steve Galvez 909-855-3338 / 951-302-9461 Fax ~ PETITTION FOR THE SUPPORT OF CHANGE OF ZONE FOR PARCEL NUMERS 957~ 170-032-036 J The following signatures are from the residents of the Nicholas Valley in " the City of Temecula. By signing this petition, the residents are in support of a zone change to LM (3-6 DU to the acre) on APN's 957-170- 032,33,34,35 & 36. In exchange the developer of said parcels will heavily contribute to the Paving of Leifer Road as a Condtion of Approval of the development of said parcels. 1) '3'1)'1'0 "-'eF€!? ,<-/J. 2) 3)-fl ~)-- 3 cw r Lt at='.- ICQ,A.o 4) ,9/~ tr ~ 3'3/1 L ,"€'f:A #J. lJ~tkt~.J ,5'11.5, 4)"') >tJj 6) ~~ ~~/' g9~ G'~hu Pel. , 7) " ,- ~S>~~ M- KJ ' ~ ~~ I ~ 9) ru.w~~ ;?'lasO ~rdL~n 6U1ffi1IULM. 10) r--r~ ~ J' """'.., Jd_,",-e,2? 11) - ' t! . 12)' /2.D, 13 ,rr ~~ 14) ~~ 6)~4 .3r:Js;b ~~ RIM..!, ..3'//11'> ':::Z:)/()/,e1A1 .stlm~E 7>>_ 311 'Ie ftrc.lr;... .J.;1'YIP>1e.... ;e.;t" M -JVIG 5 MARKHAM DEVELOPMENT MANAGEMENT GROUP, INC. December 30, 2003 Mr. David Hogan, Principal Planner City ofTemecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Subject: Request for General Plan Designation Change APN# 957-150-001,002,003,016 Newsom # 1191 Dear Dave, The subject parcel is bounded by Nichols Road, Calle Medusa and Calle Girasol. Prior entitlements include the compost facility and unapproved tentative map for 7,200 SF lots (TM 25082 & CZ 5613). We had discussions with staff about a proposed 10,000 SF subdivision in late 1999 (TM 29557). These were not pursued in light of the Council policy regarding density ranges. During the interim period, the City of Temecula has moved forward to approve the Roripaugh Ranch Specific Plan and two nearby churches. These approvals bring with them the extension of sanitary sewer in Nicolas Road along with enhanced water service, channelization of Santa Gertrudis Creek and the improvement of Nicolas road to connect to Butterfield Stage Road and Butterfield north to Murrieta Hot Springs Road. The property is directly adjacent to the Calle Medusa residential community, and Riverton Park on the south and an existing and proposed church on the west. The property is buffered from the existing 2.5 acre parcels in the Liefer Road area by both Santa Gertrudis Creek and Nicolas Road. Only two residences exist easterly of Calle Medusa on 2.5 acre parcels. Topographically the property lies below the Calle Medusa , community and roughly at grade with the churches. Combining all these factors brings us to the conclusion that this property is logically suited for a land use designation of Low Medium to Medium Density Residential. We would like to discuss this proposal at the next committee meeting, which you indicated would take place in late January. Sincerely, Markham Development Management Group, Inc. , Larry R. Markham President. 41635 Enterprise Circle North, Su~e B Temecula, CA 92590-5614 (909) 296-3466 FaX: (909) 296-3476 www.markhamdmg.com cc: attachments B. Newsom ~ i~M t ~ ~. !~n" ." ON ~H~~ ~ i l' . t'~\m ~ =r-~~ 4:) ~.\l~!J~- ~ ~~~~ :z: ,~.'... ~ l ..' ! 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". 15, J ~~ ~h hl 11,~ ~,! ~l' q , ~ ~ ~ l!; ~ ~t ~h' "~ lr t1'~ ~~~ .~~~ h~ ~~~ ai 5 ~ IU ~g- i ~ n " I \ '", · ~i' a :t ~ H~ ~ " ~ J h ~~, ~ ~ 't i: lla~ "1 ~~ !" ,l~}. ~~ 'l'~~'~~ ~~, I' r-. :jlol~b\l~~) l:tt..~ ~ t G ~~ ~ i~ ijj~ ~ 1 ~t i ti \ ~ ~ ~ .,. .., ,ll"~' ~ '~l II ~ H ~~ p; t,~; III ~ij i ~~ I ! . . ~~ ~ ~ql'~ h ~ tl ~,~; ~ H ~! ~ ~~ ~H! ~i i ~! np i i lli~~I'~~i~~ ~~~l~ ! ~ H ~ h h" U lH~ ~ l~ \ l ~dl \li~~<"~l~l' ~ ~n:~ 1. n~ !~ a~ p~ ~ ~~ ~ ,~~io ~ ~~ ~~ ~~: H ~~1:!i~ t~'t<:!\i , . " - ~ . J tf-- .~c- . 'HI ' 'i \ I I ~~- A' /.Io'ro.", \ \ $ .... "!:i I~ ~ ~ _'tA ~ -- J I, 1, I, s . " o ," l~ ," ::a~ ~h~ <IH ~!i i; :C...E /~-" 1lI o ~ 2 ... "' ... ~ i" ~ ~ . qj ! " " .; . e III i :11 1:\' , '11 II , I E' ...----- " I ! , 'I( \, '\ b M -lVICa MARKHAM DEVELOPMENT MANAGEMENT GROUP. INC. January 8, 2004 ( Mr. David Hogan, Principal Plarmer City ofTemecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Request for General Plan Designation Change Jedediah Smith Road, adjacent to Temecula Creek APN: 961-010-004 RainbowlBL V #877.1 Dear Dave: The subject property lies immediately south of the Temecula Creek Village (TCV) project currently under construction. Attached you will find' the site constraint exhibit that defines the FEMA 100 year floodplain and the jurisdiction areas for both the Army Corps of Engineers (ACOE) and the California Department ofFish and Game (CDFG). The portion of the subject property that we are requesting a land use change are outside of all constraint areas. ( RainbowlBLV has negotiated a reciprocal ingress and egress easement for access and utility 'services. Consequently, we are requesting a change of the land use designation to better reflect the unconstrained land use opportunities that are available to the subject property. The current land use designation of open space affords no economic use of the subject property whatsoever. With the construction of the commercial and multifamily components ofTemecula Creek Village this property becomes a viable development site. The uses that we would pursue would be lower intensity uses in nature with minimal ground disturbance and would provide a good buffer between TCV and the truly constrained areas within the floodplain, which have recorded conservation easements within the ACOE and CDFG areas. RainbowlBL V has always been cooperative with the City of Temecula in seeking solutions to City of Temecula ACOE and CDFG issues that have arisen in the past. 'ncerely, )'/,' /'~ r arry R. Markham Cc: J. Heffernan, BL V, LLC. C. Ewing, Peninsula Retail .41635 Enterprise Circle North, Su~e B () Temecula. CA 92590-5614 (909) 296-3466 Fax: (909) 296-3476 www.markhamdmg.com r , .- .. .. = .- i- -0 <7'" ~ . ' , ill '.' . . , ~ . , i:__ ::: : ~ ~ i,N ~'i@. .' W .... ~~ ;; ~--- <j> j I \ ;;; i (II \ \ < \ '" ? "" - \ :: l; il! r--. 0 \Y . ~ 6 .. .. . ~@ : o c. ~Af-)M ~ ~ - = ~ "" . ! '" ~:"l .-= =!!l ""- O>~ -~ ""i= ...--~ r- <..> ~ '" ; . @ ~1eib j '" ..... ..... . J /@ iJ @ ../ g :3 m! ~SN_ao-m-~ ~~ti~~5!~i !i~~g~~~~ "'~t;!i!!......!li!li ~~ ouD....D.... 'To..o...~~~coco -~' ~-'<' ~r::::.:.'!?~soco~oh ~_;:;:.S';::::-~"~ _......,___:Q;1;;a !!IUUii!;; IIP',~ ~ ;~g ~~ ::;"'- I ,,~.. W .~- . ~!ai;; ~ ~ ~~~ - " ~ a ;;; - ~ -~" a --a '" ;== ...:5J ~ ~,...s f!f~"" ~ug ~ ~~~ --- ~:::: -a- i;~ . ~~ ~i- @ ~ " ,,~ ~!:!~ -~ ~;; '~ ~~ ~ . M'-l\Ia o o I MARKHAM DEVELOPMENT MANAGEMENT GROUP, lNG, January 9, 2004 Mr. David Hogan, Principal Planner City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Subject: Request for General Plan Designation Change Lama Linda Lane at Temecula Lane APN: 961-010.016, thru 021 Continental/Ranco #1228 Dear Dave: The subject property is surrounded by urbanized uses, with the existing single family tract homes to the east, the Erie Stanley Gardner Middle School to the south, the approved seniors project to the west along with the existing Pala Park. The subject property has been designated Professional Office since 1993 and similarly zoned since 1997. These parcels, encompassing all of the existing horse/cattle ranches, have been assembled under one ownership. The proposed project will be compatible with the Medium Density Residential designation and thus Medium Density Residential is the designation that we are requesting. LRM/slg 41635 Enterprise Circle North, Suite 8 Temecula. CA 92590-5614 (909) 296-3466 Fax: (909) 296-3476 www.markhamdmg.com -+-2.- ""1 ~ y:-> ---", '-, '. ,;\ ;1., r-' , -':-. ::.'~, '~ " " ".. :/i~B-~' c,,(Joo' ," ".,' ",' . ,,,/ }'/? <>:J J ,:.c. /.. & .M -lVIG January 9, 2004 MARKllo\M DEVELOPMENT MANAGEMENT GROUP. INC, o Mr. David Hogan, Principal Planner City ofTemecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Subject: Request for General Plan Designation Change Diaz Road and Dendy Parkway APN: 909-370-018 TERC 52 # 1196 Dear Dave: The subject property is immediately contiguous to the proposed Temecula Education Complex (TEe), the existing Westside Business Park; the Rancho California Water District reclaimed water storage ponds in the City of Murrieta, and the escarpment open space area. We are requesting that the designation be changed from Industrial Park to a Multiple Use designation. The requested change will provide the subject property with the ability to address the opportunities that will present themselves as the TEC develops. (-) "--_/ Alternatively, a Planned Development Overlay (PDO) designation could be applied to the subject property. The PDO could be designed to produce a mixed use zone to accommodate the ,same goals as the proposed Multiple Use designation. The PDO would be approved either separately from a development application for a plot plan, conditional use permit and or parcel/tract map or concurrently with one of these applications. We would envision this designationIPDO to encompass Business Park, Professional Office, PubliclInstitutional,uses along with both Medium and High density housing. This land use mix would allow for the expansion of the TEC to the west should that need arise. The sub planning areas within the subject property would be tailored to provide for the effective transition of land uses from the TEC into lower and lower land use intensities in a westward direction. This design would provide for either the success or failure of the TEC and the resulting impacts on the subject property. Cc: R, Haskins, TERC 52 C41~5 Enterprise Circle North, Suhe B ,,/ Temecula, CA 92590-5614 (909) 296-3466 Fax: (909) 296-3476 www.markhamdmg.com ~,.., " " 'z" , o ..'.... ", /~;>. " " /'/ ? ~ ~ ~ { \. ( c r ~ ~ ~t: ~~ 26 :5" ~ ~ j ~ Z 0 ~N oe( c:t :j fii ~ .J ..~OI 5lL ~ E<3 owe,) ~h _ t-1t)~ :;;~ ..!(E w'" ",01' ~... > '" ~::E 1!: ::E 1!: = ~ Cl ~ Q 8 ~ .o"~. jl I '.il / 1J; ~ ! :: "'1 ,i ---~~--'.-L' ! ;;f - - _ _ _ _ _ _ _, ':: - - - - - - - - -, - ; , I " I :: I J ','..., __' - ---=or - iJo ! ,- u..-.-..-:__",rr-- ~ (!) .....-..- , ",,'" " @ f:, ----~-1:3 :.=..-......_----;- " " " ~"fi .....Il ~~e .........iif ~.....;J :a~b eJi~c: ~ t! " '. I, , , " . ~l : '.!! ',0 -....----->J, ~' ....@l "/ J @< , I , !l , I :~ .,,, - . @ - @ l' @ Hl~O~ ~~!r $ " " ".0 / , ,~ '~@ '... , " " " " s '" "H...: Aia Ii ,,' fI'~ Ii f - ",",' - - ~". -~-" , - i !I. ,,~l o o 10 PLANNING. ENGINEERING. SURVEYING January 29, 2004 Mr. David W. Hogan, Principal Planner City of Temecula Community Development Department - Planning Division 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 SUBJECT: General Plan Update - Request for Change to General Pian Land Use Plan for 18.3 acres located within Planning Areas 7 and 9 of Specific Plan No. 3 (Margarita Village Specific Plan), west of Butterfield Stage Road, north of Chemin Clinet (Assessor Parcel Numbers 953-390-007 and 953-390-009) Dear Mr. Hogan: The purpose of this letter is to present a formal request to the Planning Division and General Plan Advisory Committee (GPAC) to change the City of Temecula's General Plan Land Use designation for the above referenced properties during the General Plan Update. The proposal is to change the General Plan Land Use designations on the site from VL (Very Low Density Residential, .2-.4 dwelling units per acre) to LM (Low-Medium Density Residential, 3-6 dweiling units per acre). Enclosed is a proposed tentative tract map for the site (Attachment A), which would allow for forty-two (42) lots on the 18.3 acres. This equates to 2.3 dwelling units/acre with an average lot size of 10,000 square feet. The majority of the lots are in excess of the minimum lot size, The rationale/justification for the changes are listed below: 1. The change from VL (Very Low Density Residential, .2-.4 dwelling units per acre) to LM (Low-Medium Density Residential, 3-6 dwelling units per acre) is a logical change because it would represent an extension of uses that are consistent and compatible with the adjacent residential pattern of development. In addition, the project would be compatible with the wineries to the east, as similar residential densities are located adjacent to the wineries in other portions of the City. 2, Appropriate open space buffers and distances have been provided to the existing, adjacent residential development. 3. Future residential development on the site would be high quality in nature and would contribute to the overall well being of the existing development. 4. The project has approximately 3400 linear feet of frontage on Butterfield Stage Road. It is anticipated that the project will be responsible for a fair-share contribution and/or reimbursement to the improvement of this regional serving roadway. Under the current General Plan designation, there are not enough home sites currently permitted to reasonably spread this cost throughout the project. 1 8555 Aero Drive . Suite 305 . San Diego, CA 92123 . (858) 550-9901 . FAX (858) 550-9469 o 0"', ..' . , ' 5. The project will be subject to the City's Development Impact Fee (DIF) and the Transportation Uniform Mitigation Fee (TUMF). The other portions of the Margarita Village Specific Plan were not subject to these fees. In addition, the project will pay its share of Quimby fees and potentially any fees associated with the Multi Species Habitat Conservation Plan (MSCHP), The additional units requested in the re-designation request will more than adequately mitigate any potential impacts from the proposed development. 6. The Margarita Village Specific Plan has been amended approximately five (5) times since its initial adoption. All of the Specific Plan has been built-out with the exception of these remaining 18.3 acres. As of the last amendment, the Specific Plan allowed for a maximum of 3,922 units. Based on our research, only 3,700 units have been constructed. The proposed re-designation request would allow for an additional 42 units, which, when added to those existing units, would bring the total to 3,742 units. This is still well below the maximum number of units allowed within the Specific Plan. 7. The site as designed will be buffered from Butterfield Stage Road by a slope and landscaped wall, In turn, this project will serve as a noise buffer from Butterfield Stage Road to the existing homes to the west. 8. The City is requesting that Ahern Drive be connected from the western residential neighborhood to Butterfield Stage Road. The project will provide this connection in a safe and logical manner. 9. The current General Plan designation of VL (Very Low Density Residential, .2-.4 dwelling units per acre) is not consistent with the underlying Specific Plan density. 10. The project density, as proposed is more compatible than prior proposals for the site (i.e., church). As you can see from the extensive list of rationales/justifications above, the proposed changes to the City's General Pian Land Use designations from VL (Very Low Density Residential, .2-.4 dwelling units per acre) to LM (Low-Medium Density Residential, 3-6 dwelling units per acre) represents a logical transition in the area and should be integrated into the General Plan Update. We are hoping to meet with the surrounding neighbors within the next few weeks and solicit their input and hopefully, their support of the change to the General Plan designation and the proposed tentative map. I request that you keep me and my representatives apprised of all discussions and meetings pertaining to the City's General Plan Update. ~ 2 o o Please contact me at 858.505.0435x104 or Matthew Fagan at 909.699.2338 if you have any questions or require any additional information. Sincerely, '~A-~ ~ Marwan Younis Cc: Mayor and City Council Planning Commission Shawn Nelson Gary Thornhill Matthew Fagan ~ 3 o ATTACHMENT A PROPOSED TENTATIVE TRACT MAP ~ () 4 o LEGEND: J. J1 I'>l!-PU' -... ~, ~..'~~.,,- . f... 1'1 '" I " -." ~ '~"RI Tentative MOfor: VINYARDS VIEW ESTATES City of Temecula Tract No. i ""'IlP" QE1GAL INFORMATION, STATlSI'lCALINFORIdATION """"","""U,",_' ........,...........- t<t;T>ol_".'''''''' __......,'"'u.Z<N:'.. -.".....""...""""""'.. ...."".....-..""..""'" -~_..."'..""""''' <>=--...."'.. ,,".. """''' ....~...u...~...="...==:: """to<, """'-"-""""""'_ """',,'" ""',...""........ ,,,"...... .~ .><IW'<...'fCA._.....L:.Ol _== ,?.?oo.... EART!M'ORKClUANTITlES' ", "" _e.., """""""'T,_c.y. ...'"""'''''''-l"~,,,.......~.,. .......~_...- "",,,,-,,-,' ..'-.-""""'.0""'"''''''''....'''''''''''-....'''' ...W<I"M"""...... ~~.Jk'"::.J\.1IlE<lU........_"'" "'"...,.........""'......,.,,,.""""'..-_............... _"......DOS1IoO.,.,.,ufUn""""""''''''''-'''''''''''''........ .........""""",,-_. '-"''',",PARC!L~ """" :="~~~""it."~.Jlr.'''MlH_.'_--3IT...''"- _aKt............."......N.ll><""" ow...... "__'0 ,,__ ..""_.............. ."~...""....,"'_..,.....,,.."-.. ......""lOT_TO"......",.,,"""'"."',,""""'" ...""'.TM__"''''"'''_........~.,'''''_......., ~Et.I!Nt~; ~~_J -~ "':=,:~-=':"" ~- -~ .-.-~-..... ~ -~ ~1H::~~"" :~~ SOLIIIElGl.NEER: lt~Vf~ ""'""" iSi~!:~ ....M"" ;;''':'' BYRE'f1S1ONS: CI Cf'TDlE T__ HEr 1 <If 1 'I WESTFALL C' Construction Company, Ine. 24190 Washington Ave. Murrieta, CA 92562 909-676-8272 P.O. Box 1550 Wildomar, CA 92595 909-639-6062 Fax March 19,2004 ~~@~DW~~ lli1 MAR 2 2 2004 ~ By City ofTemecula Planning Department PO Box 9033 Temecula, CA 92589-9033 Attn: David Hogan, AICP "Ref: APN's 950-100-003 & 950-100-016 c Dear Mr. Hogan, I am writing on' behalf of the owner's of the above referenced parcels, Dan Atwood and Dirk Westfall. They are requesting a General Plan Amendment and zone change to Community Commercial (CO), Their parcels are on the Northwest corner of Margarita Road and Dartolo Road. Presently both parcels are zoned Professional Office (PO), Across the street to the south is the Arco Gas Station. Across Margarita Road to the east is a commercial mixed-use project. Considering that the properties located across both Margarita and Dartolo Roads are zoned commercial and the fact that the city is in the process of performing a General Plan Update, we ask that this request be given prompt attention, Very truly yours Q~ Patrick E, Fay WESTFALL CONSTRUCTION COMPANY, me. Attachments: Four (4 ea.) copies of Parcel Map page 950-10 Thomas Guide Map Page 979, Grid E2 with location ofPIQ 0'1 -.../ ~~' . . . .. . . i ~ ~, . \ \ 91<~ \ ~ -,...'.<- !~ @ ~ :\~ ~.nj;'--=-~--+-;.,:" ~ . 0 ~ 7~1.86 s.'fI..I'l "l ~ '! 'l ~)> , ' :>;) .. ' -I .~ ~- -~~,~-~. ... ~ \S' '" -".. ~ ~ ... .. :>;) 9 ~,. \ __Ul' ~l ~@ ~ ~~ \ , ".,. ~ ' ,,,"\ ; ~ .... '" . ,.> .. . <'. ,6&.'1 ~~' --:::J~.-----'" . < ~..~~.?I"':. \ ",.", t---------- ' \\ @ , < ,', o .. . .. .. t:~ ~:: a- " .. , - @ ~ ~iI>"'''' ~ !o ~ "= l\: :... ~~~fl: ~~~~~ ~ ..... I ~ "'- 0)1\, 0 II> :ll , , "\) , '!l " .. , , , , ,~ " , ~ ~ ::::~ ..... ..... 9 ~ ~<;q \() " -I( Cl \:llll ~ ~ ~ wi':: ~Cl",Oj~ ::: 'I> ",- <> ,,~l:t.. :: :: :: ~ , :; ~ .. . @ I ti,' ".,,, . .. .. ~ ~G ~ .. ' . ~ @ 8~4.44 Sot?:$" ! .. . ..,.,.,9 "@ - , ~ .. 0 ~ ' ! ~@~ ~ .. ,- .; eo. 't .. ~G~ ; .. ... 6S" 15 J41.J6 ,.,. . .. ,""' . .\:;.1 ):, 1:#,"= ....~_: ,'i'..2.4 ... :(. tt<ii\ ~ ~\::J ... A3< " ~.~ . .. . l !I , .. JiID.. li"Ulf"!{ - .. @ o ~ , .' ~ ~- b ~ .. i::" ~'l: .... ~~ ~~ ~, ~.. gc:J :::~ ~ '< sg ::ij :tJ V))) ~~\J ,.....::ij ~."l~ () ~ 'l:'i:.;;: IlJ,Ql() \:)!J>::t;: ~Cl ~t;l ~, ~ ~ h. \.() ..~ :l:(J ;, I ......... <:::l "t '" ;t> <> \" g ... c February 16, 2005 City ofTemecula Planning Commission 43200 Business Park Drive Temecula, CA 92590 1/ REAL ESTATE TEMECULA Patrick E. Fay REALTOR@ 31805 Highway 79 South #640 Temecula, CA 92592 951.676.8272 - 951.639.6062 Fax pats re temecula@mac.com Ref: Request to Change the General Plan Land Use Designate on property located on Dartolo Road APN 959-080-012 and 013 (Request No. 11) Dear Sir or Madam: ('. At the request of my c1ients,A TWOOD & WESTFALL DEVELOPMENT, the owners of the above reference properties, we request the committee's approval for a change in zoning for APN 959-080-012 and 959-080-013 from Professional Office (PO) to Community , Commercial (CC). <. Very truly yours, Patrick E. Fay Real Estate Temecula II <: J: ~, 13- ( Lati~~~~ ~;Engineering . File: 716.00 April 21, 2004 Mr. David W. Hogan, Principal Planner City ofTemecula Community Development Department - Planning Division 43200 Business Park Drive P.O. Box 9033 , Temecula, CA 92589-9033 SUBJECT: General Plan Update - Request for Change to General Plan Land Use Plan for the Temecula Creek Inn (see attached) located east ofI-IS and south of Highway 79 Dear Mr. Hogan: Our firm represents JC Resorts, the owners and operators of the Temecula Creek Inn (TCI). We are writing this letter on their behalf. ( , The purpose of this letter is twofold; 1) to bring to your attention an "oversight" in the Draft Proposed Land Use Policy Map (Figure LU-2) of the current General Plan update; and 2) to make a formal r(:quest to the Planning Division to change the City ofTemecula's General Plan Land Use designation for the Temecula Creek Inn property during the current General Plan Update. Regarding the fust item, it has come to our attention after reviewing the referenced map (Figure LU-2) that the entire Temecula,Creek Inn project has mistakenly been designated as Open Space (OS). As you are aware, the current General Plan recognizes the existing hotel and conference facility and designates this area of the project as Highway Tourist Commercial (HT). We assume siIjce the hotel and conference facility continue to operate, at a minimum it should be shown as HT and was merely a graphic error. Regarding the second item, we would like to formally request a redesignation of the property from HT and OS to a Specific Plan Area (SPA) in the current General Plan update. The SPA designation would provide for a resort community incorporating an expanded hotel, timeshare units, a conference/spa facility and single family residential uses. We believe there are several logical reasons in support of said request, including but not limited to the following: ( 1. The existing General Plan designates the adjoining property to the south (APN 922-230-025, 922-230-026) as medium density (7-12 du's/ac) and neighborhood commercial (NC), allowing approximately 700 total du's. It is our understanding that the current project application for that property is 400 to 450 du's or :BOO du's less than allowed in the existing General Plan. Additionally, although permitted by the current General Plan, no J:lJob716OO\Hogan Letter.dDc 4933 Paramount Drive, Second Floor ., San Diego, CA 92123 (858) 751-0633 . Fax (858) 751-0634 . email:mailbox@latitude33.com - Mr. David W. Hogan, Principal Planner April 21, 2004 Page 2 neighborhood commercial uses are proposed. Further, the adjoining property to the east (Temecula Band ofLuiseno Indians APN Nos. 918-180-005, 918-180-019, 918-180-020, 918-180-021 and 918-180-022) is currently designated for low-density residential. As you are aware, this property will instead be developed as a golf course, rather than residential as part of the Pachanga Casino project. TCl's total proposed single-family du's will be :1:350, substantially less than that already analyzed in the current General Plan for the adjoining sites. Therefore, traffic impacts, etc., would already have been analyzed in the existing General Plan and are less than anticipated, even with the additional dwelling units. 2. A large percentage of the trips resulting from an expansion of TCI will be non-peak hours. Customers using the golf, hotel, conference, spa and timeshare facilities will instead be arriving and leaving the property at non-peak times when adequate traffic capacity exists. 3. The existing traffic congestion is primarily a result of the adjoining casino/boteJ use, not TCI. A solution, potentially involving a new interchange on 1-15 (eastern bypass) is far beyond the ability ofTCI to solve alone. While TCI can assist in its pro-rata share of the improvements, it is unreasonable to preclude our project from being able to pursue entitlements until the larger, more complex traffic solution is solved. 4. Environmental review, addressing issues such as traffic, visual and noise impacts will be required when a specific project application is submitted for TCI. Designating the Temecula Creek Inn now as a SPA for a resort community in the General Plan will not preclude this future CEQA review process. 5. As part ofthe expanded project, we will participate in the realignment and improvement of Rainbow Canyon Road, a much needed circulation road improvement. 6. Given the tremendous market competition for golf and hospitality in the area, it is critical that TCI initiate the required City General Plan Amendment and entitlement process to reposition the project as a true resort community now. As you can see from the above justifications, the proposed change to the City's General Plan Land Use designation from HT and OS to Specific Plan (describing a resort community) represents a logical designation in the area and should be integrated into the General Plan update. We would appreciate an opportunity to make a more detailed presentation at the next Community Advisory Committee and to you and/or other staff. Lastly, it would be our desire to submit a discretionary application to allow for the much needed expansion ofTCI into a true resort community during the calendar 2004 year. We fully understand that we would be doing so contingent upon approval of a SPA designation for our property as part of the General Plan update. \\LA TSERVI\OFFICEADMIN\1ob716OO\Hopll Letter.doe ( (-"" 1 ~"-/ (/ Mr. David W. Hogan, Principal Planner April 21, 2004 Page 3 We look forward to working with you and request that you keep us apprised of all discussions aDd meetings pertaining to the City's General Plan update. Sincerely, Q Lo-SJ~ Randi~rsmith Principal cc: Paul Reed, J.e. Resorts Douglas Leiber, General Manager, TCI \\LATSERV1\OmCBADMIN\Job716OO\Hogan Ldta-.doc ~N ON Nq qo ~ClO .... .... ~ I . It)ClOClO 0........ qOlOl o ~ ~ ",ClOOI.... ..:.'.........N ',I qq ClOOO " .... ClO ClO 01........ 'Z I I ' ClO ClO :.D...... .... ctOlOl .... z ZW Z:E -0 ~z WW w:E 0:::"'" 0:.... :5:5 =>0.. O...J ~~ Ww I-Z W C) ,.€~ \. _ ON '-"" Z...t ( ( ( File: 716.00 May 14, 2004 Selected Lanl!:ual!:e to Insert into the General Plan Update for the Temecula Creek Inn . The approximately 300-acre property is proposed for a Resort Community (RC) designation. The existing hoteVgolf course development is anticipated to be expanded into a full Resort Community with uses to include 18 holes of golf, additional hotel rooms, fractional ownership units, a day spa, an event/meeting facility and single-faJllily detached dwelling units. A Specific Plan shall be prepared which addresses the realignment of Rainbow Canyon Road, the potential for an "easterly bypass" from 1-15 and the comprehensive design of a 300-acre Resort Community. .....n....._...dSd\inu\lmldcbam\Loea! Sd1~\Tempcauy )ntem:tFiles\CcnknllES':roJCZ1TIL\TCI Projec:I: Ducriplion.~ 13-; . . July 30, 2004 City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 SUBJECT: General Plan Update - Request for Change to General Plan Land Use Plan for the Temecula Creek Inn located east ofI-15 and south of Highway 79 To Whom It May Concern: On behalf of JC Resorts we are requesting an inclusion to the City ofTemecula General Plan Update. In the past few months we have coordinated with the City of Temecula's Plarming Staff to modify the current Draft General Plan as it relates to the Temecula Creek Inn project. The site is located at the southern portion of the City ofTemecula and includes Assessor's Parcel Numbers 922-220-002,922-220-003,922-220-008,922-220- 031,922-230-002,922-230-003,922-230-004,922-230-007, and 922-230-008. We are providing this letter to request that the below suggestions be incorporated in the City of Temecula General Plan Update. We have reviewed the June 2004 Draft General Plan in detail and we offer our suggestions to specifically address the Temecula Creek Inn project site. In the current Draft General Plan, the site has been changed to a land use designation of Open Space with a Recreational Commercial Overlay from Highway Tourist. After reviewing the Draft General Plan, it appears that this Overlay is the only area in the City of Temecula that has this designation. The site presently includes an approximate 300-acre resort golf course with 129 hotel rooms, a restaurant, and conference facility. As you are aware, JC Resorts is requesting to have a Specific Plan Overlay on the subject site to provide additional facilities that will enhance the site as a Resort Community, similar to the resort communities in the CoacheJla Valley such as La QUinta, 1>lilm Desert, and Rancho Mirage. In order to achieve a "diverse, high quality land use," as desired in the current General Plan, various sections, both text and maps, need to be updated. We have provided a summary of the various sections in the Draft General Plan that apply to the Temecula Creek Inn Resort project. i. Figure LU-2 Proposed Land Use Policy Map: The plan currently shows the project site as Open Space (green) with a RC-Recreation Commercial Overlay (stripes). Please refer to number 2 for suggested modifications. JC RESORTS I . 533 COAST BOULEVARD SOUTH LA .JOLLA, CALIFORNIA 92037 . 858.454.9793 FAX 858.459.6758 ( City of Temecula July 30, 2004 Page Two 2. Page LU-21 RC- Recreation Commercial Overlay Text describing the allowed uses: Change the text to read, "permitted uses include commercial recreation, conference centers, golf courses, clubhouses, hotels, resorts, fractional ownership units, restaurants, parks, (eliminate camp grounds), open spaces, community facilities, and residential uses. 3. Table LU-3 Development Capacity: Include the Temecula Creek Inn proposed 1.2 dwelling unit per gross acre capacity in the Development Capacity Table. 4. Figure LU-3 Specific Plan Areas: Add a new Specific Plan Area designation for Temecula Creek Inn Resort and provide the following language, "To achieve a Resort Community including a golf course, additional hotel rooms, fractional ownership units, a day spa, ballrooms, and single family detached dwelling units not to exceed 1.2 dwelling units per gross acre." ( s. Table LU-7 Rural Preservation Areas: Add text to number 4 (Rainbow Canyon and Great Oak Ranch) to read, "Preserve the hillsides in the southern portion for the Planning Area and prevent residential encroachment upon BLM preservation areas by promoting Hillside, Rural, Very Low or Low Density residential development, and conserving a significant portion of the area as open space (does not applv to those portions within the Temecula Creek Inn Resort proiect site)." 6. Preserving Rural Areas (pg, LU-41): Add to text to read "...Nicolas Valley, the winery and agricultural properties east ofTemecula, Anza Road at SR-79 South, and the Rainbow Canyon and Great Oak Ranch areas (does not applv to the Temecula Creek Inn Resort proiect)." We believe the above mentioned suggestions will provide substantial benefits to the Temecula community and will allow the expansion of the Temecula Creek Inn to occur and create a Resort Community. We look forward to working with the City ofTemecula to move forward with the General Plan Amendment." , If further information is needed, please contact me at (858) 454-9793. c Sincerely yours, ~ Paul L. Reed President THE TEMECULA CREEK INN AND RESORT COMMUNITY EXECUTIVE SUMMARY To Whom It May Concern: In response to a changing market, the Temecula Creek Inn is embarking on a program to reposition itself into a true RESORT COMMUNITY. As a result of said improvements, the Temecula Creek Inn wiII expand the number of hotel rooms from 129 to 225 and add a significant conference/meeting area and a day spa facility. Similar to other Resort Communities, the Temecula Creek Inn wiII also include timeshare units and upscale single family homes. These improvements wiII significantly increase the TOT revenues to the city and include the participation in the much needed road improvements to Rainbow Canyon Road. In support of this repositioning effort, we believe it is fundamental that the current General Plan update program designate the property as a Specific Plan (SPA 1.2 dulacre). The SPA designation would provide for a resort community incorporating an expanded hotel, timeshare units, a conference facility, spa and single family homes at a density not to exceed 1.2 du's/gross acre of the property. As part of this request, we have included the following items for your review: · A conceptual Development Plan indicating the location of the various land uses within the proposed expansion. · A copy of a letter to Mr. Davis Hogan, Principal Planner, requesting a change to the General Plan Land Use Plan to SPA 1.2 dulac. · Draft language to include the General Plan update to accommodate the repositioning of the property into a RESORT COMMUNITY. . A Draft General Plan Land Use Exhibit We look forward to working with you on the upcoming effort. Sincerely yours, Paul L. Reed President Je RESORTS 1 . 533 COAST BOULEVARD SOUTH. LA .JOLLA, CALIFORNIA 92037 . 658.454.9793 FAX 8S8.459.675A ( ~ , \, (~ 1'5-3 ALHADEFF & SOLAR, LLP 41607 MARGARITA ROAO, SUITE 103 TEMECULA, CALIFORNIA 92591-2984 MAIN TELEPHONE: (951) 719-3640 FACSIMILE: (951) 719-3650 Offices in San Diego and Temecula, California November 17, 2004 SAMUEL C. ALHADEFF SALHADEFF@A-SLAw.COM 10435.001 HAND DELIVERED - NOVEMBER 17.2004 Mr. Shawn Nelson City Manager City ofTemecular 43200 Business Park Drive Temecula, CA 92589-9033 Ms. Debbie Ubnoske Planning Manager City of Temecula 43200 Business Park Drive Temecula. California 92590 Re: Temecula Creek 100 Hotel Expansion PA98-0309 Dear Mr. Nelson & Ms. Ubnoske: Bill Curley had the opportunity to review our letter of August 9,2004 in which we provided an analysis which concluded that placing a Specific Plan Overlay on the Temecula Creek 100 property would not create a vested right for the development of the Temecula Creek Inn property. Bill confirmed, via e-mail dated October 30, 2004 his understanding of our analysis, and further stated that neither he nor Debbie have any difficulty with the concept that an overlay will not create a vested right. We appreciate their taking the time to review this matter with us. Given that understanding we believe it is appropriate to proceed with our suggested Specific Plan Overlay. In summary, the new Temecula General Plan would provide for a designation that the Temecula Creek 100 property be treated as a "Future Specific Plan Area," and would further change the Recreation-Commercial Overlay text to more accurately described the "Potential For Further Project." In addition, the text would provide that all future development would, of S:\Data From Sherry\Clients\Temecula Creek Inn\Nelson Ubno*e Letter II.16.04.doc ALHADEFF & SOLAR, LLP Shawn Nelson Debbie Ubnoske November 17, 2004 Page 2 course, be subject to full discretionary review and approvals, technical studies and the appropriate CEQA process. For your convenient reference, attached is a copy of our August 9 letter and Bill's October 30 e-mail. We have also attached some suggested text and graphics which we believe 'should be included within the General Plan Updates and which accurately reflect the proposed "Future Specific Plan Overlay". Thank you so much for working with us. SinelY, fA-- Samuel C. Alhadeff, of').. Alhadeff & Solar, LLP SCA:sld Enclosures cc: Temecula Mayor and City Council Temecula Planning Commissioners Doug Leiber Paul Reed Randi Coopersmith Larry Markham c ( (/ 13 ALHADEFF & SOLAR, LLP 41607 MARGARITA ROAO, SUITE 103 TEMECULA, CAL'FORNIA 92591-2964 MA'N TELEPHONE: (951) 719-3640 FACSIMILE: (951) 719-3650 Offices in San Diego and Temecula, California August 9,2004 SAMUELC. ALHAOEFF SAL}lAOEFF@A-SLAW.COM 10435.001 Peter Thorson, Esq. Richards Watson & Gershon 355 South Grand Avenue 40th Floor Los Angeles, CA 90071-3101 Re: Temecula Creek Inn Hotel Expansion P A98-0309 Dear Peter: As you will note, my office has moved and we have changed our address, fax and phone number. We still are not up yet with the internet, so hopefully by the end ofthis week we will have emaiL Just returning from vacation and participating in a move was exciting to say the least. The purpose of this letter is to discuss the language for an overlay in the proposed revisions to the Temecula General Plan. The language we suggest and I believe Dave Hogan is comfortable with is as follows: ,"The Recreational and Commercial Overlay designation may be applied to properties designated for Open Space use. This designation provides for operation and development of resort or amusement oriented commercial and recreational use of regional interest that draw visitors from throughout the ' City and region. Permitted uses include commercial recreation, conference centers, golf courses, clubhouses, hotels, resorts, restaurants, parks, camp- grounds, open spaces and community facilities. Restaurants, hotels, and resort uses are accessory to the underlying open space uses." I think there is some concern by various representatives of the staff that our client, the Temecula Creek Inn, may be receiving "vested rights" as a result of this proposed overlay language. We have specifically reviewed the issue of whether the adoption by the City of Temecula of a General Plan Update that included a Recreation and Commercial Overlay would give our client any vested rights. We do not believe that any vested rights would be received by our client based simply on the overlay. The only right we would receive is the right to have the City approve or disapprove a subsequent development application according to the ordinances, policies and standards in effect at the date the City determines the application is complete, S:\Data From Sherry\Clients\Temecula Creek Inn\Thorson Letter 08.09.04.doc ALHADEFF & SOLAR, LLl' Mr. Peter Thorson August 9,2004 Page 2 pursuant to Government Code Section 65943. This procedure is provided for in Section 66474.2 of the Government Code. For your convenience I have attached a copy of that particular section. As you know better than anyone, the A VCO Section, decided in 1976, clearly states the rules applicable in this kind of a situation. Under A VCO a property owner has a vested right under common law to develop only if the property owner has obtained a building permit for an identifiable viable building and has expended a substantial sum in reliance on that permit. Government Code Section 66474.2(a) gives the property owner the right to request the City consider their development application under the then existing land use regulations, but does not give the property owner the right to require the City approve that application. We believe that Government Code Section 66474.2(b) is also instructive \vith regard to this particular situation. Accordingly, it does not appear that the City's adoption of the General Plan Update that includes this proposed Recreation and Commercial Overlay would bestow any vested rights on our client, other than a procedural right to have the development application approved or disapproved under the General Plan Updates and Recreation and Commercial Overlay as pro"ided for in Government Code Section 66474.2. As I indicated, this letter is to give you this information as you are working with staff and there is a hearing tomorrow evening on the General Plan. We wanted to make certain that we had your consensus with these thoughts regarding this matter. If we had a consensus we believe staff would feel more comfortable in working with us on the Overlay, Again, as I indicated, Mr. Hogan feels that he could work with the proposed language. We simply need to make sure that staff understands we are not trying to "over reach" on this marter. Peter, I would like to just briefly discus this question with you on the telephone so that if any Commissioner or Councilmember asks you about this issue you would be comfortable with the thoughts expressed in this letter. Thank you again. Best regards. I am looking forward to seeing you tomorrow evening. Sincerely, Se- 0t."'} Samuel C. Alhadeff, of Alhadeff & Solar, LLP SCA:sld Enclosure as noted cc: Mr. Larry Markham (with enclosure) ( \, ( Recreation Commercial Overlay (Text and Exhibit) Change text to read "permitted uses include Commercial Recreation, conference centers, golf courses, clubhouses, hotels, resort, fractional ownership units, restaurants, parks, open spaces, community facilities and residential uses. C:\DocumenlS and Settings\salhadeff\Loca1 Settings\Temporary Inlemet Files\OlKB7\Recrelltion Commercial Ovel"lay Text Changes.doc ~ " ~ < c .., " ~Q: ...J~ '" .- ~ ~ CQCo <'" ..13 ,. o .. 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C ~ ~_~_t~J~~~ll~]H~I_' ~II~II ~I ~IIJI~]llUJ t c ( ( 13-5 ALHADEFF & SOLAR, LLP ~n) rr"~[fT~--lFr!~~ ;1 l' .'1 i1 III' JAN 3 1 2005 I I, Ii !UU l LiJl I ., I I ! iBy I ."':1 41607 MARGARITA ROAD, SUITE 103 TEMECUlA, CALIFORNIA 9259142984 MAIN TELEPHONE: (951) 719-3640 FACS'MILE: (951) 719-3650 Offices in San Diego and Temecula, California January 31, 2005 SAMUEL C. AlHADHF SALHADEFF(8)A-SLAW.COM 10435,001 HAND DELIVERED Planning Commissioners City ofTemecula 43200 Business Park Drive Temecula, CA 92589-9033 Re: Temecula Creek Inn - General Plan Update February 2,2005 Dear Commissioner: We represent J.e. Resorts, the owners and operators of the Temecula Creek Irm (TCI), We are writing this letter on their behalf. The purpose of this letter is to make a formal request to the Planning Commission that at your February 2, 2005 hearing, you amend the City ofTemecula's General Plan Land Use Designation for the Temecula Creek Irm property. We know you are aware, the Temecula Creek Inn is and has been an important partner with the City of Temecula for many years. TCI wants to continue to grow with the City and reposition itself into a true Resort Community, similar to those in the Palm Springs, Palm Desert and Rancho Mirage areas. In response to a changing market, TCI would like to propose a full service resort facility with a spa, golf, hotel, fractional ownership, dining and residential living. This resort community would result in increased hotel TOT revenues to the City, an improved golf course quality and experience, improve safety of Rainbow Canyon Road and maintain a high-quality project which reflects the Temecula community character. In order to accomplish our goal of a Resort Community, we would like to formally request a re-designation of the property from HT (Highway Tonrist Commercial) and OS (open space) to a Specific Plan area (SPA 1.2 du/ac) as part of the current General Plan update, The SPA designation would provide for a resort community incorporating an expanded hotel, fractional ownership units, a new conference/spa facility and single-family residential uses at a maximum density of 1.2 dwelling units/grass project area. S:\Data From Sherry\Clients\Temecula Creek (nn\Commissioner letter 1.31.Q5.doc ALHADEFF & SOLAR, LLP Planning Commissioners January 31, 2005 Page 2 We would additionally request that a change to tbe Recreation Commercial Overlay text be made to more accurately describe the opportunity for the potential for a future project. We also believe our request reflects comments made and direction given by the City Council, Planning Commission and CAC at the August 10, 2004 Joint General Plan meeting. For your convenience and use we have attached both text and graphics which we believe accurately reflect our request to create a true Resort Community. We look forward to working with you and fully understand that placing a Specific Plan Overlay on the Temecula Creek Inn property would not create a vested right for development and would require both future environmental review and discretionary approvals. Thank you in advance, Weare looking forward to working with you on this exciting opportunity, one which benefits both the citizens of Temecula and the Temecula Creek Inn. Sincerely, l{'r;, . . /1 ,-J 11. _,' ." f.) .{/./ /-n ,;.",/ I f Ii fA IJ..<P ~ ..~.. ;.../tv. ; l._-"'~-,--.-'-fl'--'/'-"'- v7/ l '" Samuel C. Alhadeff, of/;> Alhadeff & Solar, LLP SCA:sdb Enclosures cc: Mr. Gary Thornhill, Deputy City Manager (w/encls.) Ms. Debbie Ubnoske, Director of Planning (w/encls.) Mr. Dave Hogan, Principal Planner (w/encls.) Paul Reed, JC Resorts (w/o encls.) Douglas Leiber, Temecula Creek Inn (w/o encls.) Randi Coopersmith, Latitude 33 (w/o encls.) Larry Markham (w/encls.) /' \ ( (~ Recreation Commercial Overlay (Pg LU-21) (Text and Exhibit) J:\JOO716OO\Recnation Commercial Overlay Text Changes.doc RC-RECREATION COMMERCIAL OVERLAY Intensity Range: Target Intensity: Varies N/A The Recreation Commercial Overlay designation may be applied to properties designated for Open Space use or to Specific Plan areas. This designation provides for operation and development of resort communities or amusement oriented commercial and recreational uses of regional interest that draw visitors from throughout the City and region. 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Z~"<.cen", >- N " " " " -< -< fa fa s: t:i: u u '" '" .y .y " " 0- C. en tI] "il .c .. ~ " u c " " <= .s '0> N e " i5. tI] .. ~] ] " S ~lL) ~ t;I-JJ e tu-;u C oS ~ at _lo.. cc..... ~o_~ O..c~ ~ ti 1:: G,) E tIS 0 f u "'ZCJE-< ~ .. ~ fa 0: o '" 'u " c. en N N g ~ . :;j ... . ~ 5 '" i ~ . . . l ~ ~ 1 i 11 ~ ~ '" i< I:: g ~ '" '" ~ ... ~ " ( Figure LU-3 Specific Plan Areas cm Of TEMfCUlA GENERAl PlAN ApptO\I~ Spe-cific Plan~ SP. I Ronp"""ghfland, $f- jl:..,,,,hoH'lIhl,,rnj, SP. M>i'gAf1~V,llOlge sr. 1'~~_'I'",e()OeI5cl sr. Old 1'!:M"l) ~I'. C.vnpO!.VtluM Sf. r"=fllK~iIllo:egiollitlC~lel Sf>- (I, WP';,,,rt..jV,,I,,sn al Old Town $P- '} Redh..-.wl.. SP.IO'Y..,(!\;J.nCh 5P-ll Wo!rC,Uk 'SP.Il H...v"""",.. SP.14 R9"p"vgbllM>Ch POO~ T,,~ul~ C.ed, V.!l;.gl" PDQ-S llOlf1fhQ rutblo . lOt. O"",~hV,II..JJ,~ . Hl4 R;.ndw B,.jl~ '1"'1" ~, If ~13 W"."h6~, P'oP..,tJB,<"I~!:'r"""'~ 1f265 Bol~^"JU,1; If 1&4 Qu.nt.) 00 l",SQ . ~~ Wtrlch~Ie' 1$00 II Bll C".....'ll y~~ V,!1<l8~ 1t3H MorS~I>Hn fuLIJre Speciii<: Plans ( , ) \ , A ) // \,~ ,~ J )~'- < ~EMECUfA CREEK ---- INN & RESORT r ..rn<<..lil C.,y llouoll;Hy Spl....eo!lnlltll!lK..80llnd;j,fV ........ "''''''''''l! A'.a !.t>"'t,.,.r""'.....uIlIG'~~N!("i'~'_...I... w*, s o 5,000 I:::L H I 1---4 l-----I I o l T Y o F c _u u u ~.u " C / ,I , l - ---- .... 10,000 I Feel 1 Miles 2 TEMECULA LlI'33 G ENE R A L r LAN ,& L ^ N o u S E Ml MALKOFF AND ASSOCIATES 18456 Lincoln Circle. Villa Park, California 92861 . Fax (714)288-6210 . (714)288-6200 ro !I~~ I!I r- Ii" ~ D m r,'j: ',T) l!Il!c ," I JUN ; 9 2004' L; ,~, H iJy June 28, 2004 David Hogan, Senior Planner Community Development Department City of Temecula 43200 Business Park Drive Temecula, CA 92589 Subject: Request for'Change in General Plan Designation of Property owned by Rancho Community Church: APN: 959-030-010, aka 30275 Jedediah Smith Road Dear Dave: As Authorized Agent for, and on behalf of, Rancho Community [Reformed] Church, we would like to formally request a Change of General Plan designation for our property at 30275 Jedediah Smith Road (map attached) from LM to Professional Office ("PO"). The, Church acquired this property in Fee Simple on March 3, 2004 (hence, the City's GIS database is now incorrect (see attached printout)). As the Church owns the 39-acre property contiguous to this land, and that property is general planned and zoned PO, we would simply like that PO designation extended to our newest property. This is a logical extension of compatible use on adjacent properties. We are confident that community concerns and traffic circulation issues can be worked out in a satisfactory manner to all concerned - just as we did when addressing many other issues with our neighbors about our Church and Schools Project, including their complete support for contiguous, lighted sports fields! It is my understanding that such letters as this needed to be into the City prior to the next Advisory Committee meeting on July 6th. Please let me know if you have any questions in this regard. Respectfully submitted, MALKOFF AND ASSOCIATES Mel Malkoff, President cc: Pastors Steve Struikmans & Scott Treadway, Rancho Community Church Shawn Nelson, City Manager 9811 City. General Plan Amendment for RCC.doc ( ( c ~ ~ '\ ( ( 1 b July 23, 2004 r:;I .",,;:~,-:----~ IIi) "" Ii; IUiJ JUU J100;'m ~ ~::::==----- Debbie Ubnoske Community Development Director City ofTemecula 43200 Business Park Drive Box 9033 Temecula, CA 92589-9033 RE: Change of Zone for 80134 Winchester Road. APN 911-150-005 Dear Ms, Ubnoske: I am Writing as one of the owners of this parcel to request that the City consider rezoning it from the current Neighborhood Commercial designation to Professional Office. The property is located at the corner of Winchester Road and Rustic Glen Drive, adjacent to the Tucalote Creek flood control channel. Earlier this week, our representative, Mei Mei Ho, met with the Principal Planner on your staff, David Hogan, to discuss the status of this project. Mr, Hogan indicated that the City will embark on a review of its General Plan and Zoning Ordinance in the near future and that it would be appropriate to submit an informal request for consideration because it might be addressed in the overall review process and not require a formal application for a Zone Change. He also stated that the General Plan update would probably begin with workshops in August of this year. In addition to the zone change request, this letter serves as a request that we be provided with written notice of any workshop or public hearing affecting the future use of the parcel. In light ofthe rapid growth in French Valley and the surrounding area, we believe that there is a more pressing need for professional offices and other personal services than for additional local retail outlets. We also believe that this type of use will generate less traffic than a retail use. If you need any additional information, please contact our project architect, Jack Wu, at (626) 524-3164 or project enginyer, Charlie Chen, at (626) 280-8765. Sincerely, ~ () (I d~{;. UaG' Hsiao-Feng Chao Louisa H. Chao t. " cc: David Hogan Ii .. AMERICAN PROPERTY .. ENTERPRISES September 14, 2004 ~.~ IL'~ ~; r:; n, I\~I ~ \~, ~ II ~-'l l.'; i':1 U L i..--'-:! \ [I -.' \ UU SEP 1 6 2004 ~ Mr. David Hogan, AICP Principal Planner CITY OF TEMECULA PO Box 9033 Temecula, CA 92589-9033 By RE: GENERAL PLAN AMENDMENT FOR THE REMAINDER PARCEL OF TRACT 23992, CITY OF TEMECULA 3.07 NET ACRES, APN 944-330-007-6, CERTIFICATE OF COMPLIANCE # PA03-0584 Dear Mr. Hogan: Rancho Highlands, LLC is the owner of the above-referenced parcel, which I will refer to herein as the Remainder Parcel. The Remainder Parcel is regulated by SP-2, which designates it OfficeIProfessional. I understand that the City of Temecula is currently reviewing and updating its General Plan and hereby request that the City re-designate the Remainder Parcel to High Density Residential as part of the General Plan update. We have spent considerable time investigating the feasibility of developing the Remainder Parcel for either commercial or residential uses and have determined that residential use would best utilize the site for the folIowing reasons. 1. Residential wilI generate less traffic than office/professional use. 2. Residential is more compatible with surrounding residential and park uses. 3. Residential use wilI better take advantage of the site's proximity to the park - the Duck Pond - adjacent to the north. 4. Residential development will generate more fees for the City. We hope you wilI concur with our [mdings and recommend to the City Council that the Remainder Parcel be rezoned to High Density Residential. Thank you for your help with this matter. , Very truly yours, RA 1-1l~ ~G::S' LLC Eri C. Luna Vie President ECURerone Request Yl..i; lvfr......hn.1~.... T)..;.._ <:..rt.....?tY\. ~,.,... T"h.......... rA 0')1')1-.<1.711. _ /Qc:.Q\ c:.A~7A7A t;'....... (01:.0\ c:.AL 7A7,) l8 Matthew Fagan Consulting Services 42011 Avenida Vista Ladera Temecula, CA 92591 Phone: 951.699.2338 Fax: 951.694.4474 matthewfaQan@adelphia.net March 16, 2005 Mr. David W. Hogan, Principal Planner City of Temecula Community Development Department - Planning Division 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 SUBJECT: General Plan Update - Request for Change to General Plan Land Use Plan for 2.5 acres located on the south side of Pauba Road, west of the Plaza del Sol Center and one (1) vacant 2.5 acre parcel (PA04-0476, Pauba Road Offices) and known as Assessor Parcel Number 945-110-001 Dear Mr. Hogan: I am writing this letter on behalf of Dr. Farooq Ahmad to present a formal request the Planning Division and Planning Commission to change the City of Temecula's General Plan Land Use designation for the above referenced property as part of the City's General Plan Update. The proposal is to change the General Plan Land Use designation on the site from VL (Very Low Density Residential, .2-.4 dwelling units per acre) to NC (Neighborhood Commercial). Enclosed are site photos, vicinity map and site plans for the existing and proposed developments to the east. Dr. Ahmad currently owns this parcel, as well as the parcel immediately adjacent to the east. Dr. Ahmad's parcel, located immediately adjacent to the east, has a Development Plan application (PA04-0476) scheduled for the March 30, 2005 Planning Commission hearing. This Development Plan is a proposal for two (2) office/retail buildings totaling 18,237 square feet on 2.5 acres, The property to the immediate west has one (1) single-family residence. The rationale/justification for the change is listed below: 1. The change from VL (Very Low Density Residential, .2-.4 dwelling units per acre) to NC (Neighborhood Commercial) is a logical change because it would represent an extension of uses that are consistent and compatible with the adjacent office/retail pattern of development to the east and existing and proposed Public Institutional Uses on the north side of Pauba Road. 2. Pauba Road will be shortly be widened to four lane, Secondary Highway and this type of designation will be more compatible than a very-low residential density designation since it wouid not create sensitive receptors adjacent to this busy roadway. 1 3. The change from VL (Very Low Density Residential, .2-.4 dwelling units per acre) to NC (Neighborhood Commercial) would allow for additional retail/office uses in an area that is primarily residential and Public Institutional uses. Allowing additional retail/office uses in this area would create a synergistic affect on the exiting/proposed retail/office uses in the area, while allowing for reduced vehicle trips to reach these types of uses along the SR79South corridor and the Rancho California Road corridor. Potential uses could serve the needs of the surrounding residential development. 4. Appropriate buffers and distances will be provided to the existing, adjacent residential development located to the south (across the drainage channel) and to the west. 5. Future retail/office development on the site would be high quality in nature and would contribute to the overall well being of the existing and proposed development within the area. 6. The project will be subject to the City's Development Impact Fee (DIF) and the Transportation Uniform Mitigation Fee (TUMF). In addition, the project will pay its share of Quimby fees and potentially any fees associated with the Multi Species Habitat Conservation Plan (MSCHP). The additional units requested in the re-designation request will more than adequately mitigate any potential impacts from the proposed development. 7. Environmental studies have been performed on the site and no significant resources will be disturbed. No significant cultural resources were identified on site and any biological resources will be avoided or mitigated in accordance with the City's MSHCP Ordinance. As you can see from the extensive list of rationales/justifications above, the proposed change to the City's General Plan Land Use designation from VL (Very Low Density Residential, .2-.4 dwelling units per acre) to NC (Neighborhood Commercial) represents a logical transition in the area and should be integrated into the General Plan Update I request that you keep me and Dr. Ahmad apprised of all discussions and meetings pertaining to the City's General Plan Update. Please contact me or Dr. Ahmad at 951.506.6872 if you have any questions or require any additional information. Sincerely, tlh~ F,g,~ Cc: Mayor and City Council Planning Commission Shawn Nelson Gary Thornhill Dr. Ahmad 2 ATTACHMENT A LOCATION MAP 3 City ?fTeme~u1a GIS Application: MaplReport Window City of Temecula Geoeraphic Information Systems 43200 Business Park Drive Temecula. CA 92590 (95t)308-6300 www.cityoftemecula.org .........w.....m_'..____WMW~.. i'Av1AA 1l\; .."T.....r'\'uuu'.~.".,.. )" \ l \. "\'" ......."".",.""....r-eu'.....".:...... """'Hm'l \ , I. I, " "\. " I,. '\. \\, \ .... ., '\ \ \ . -:.. \ ...-..... \. ~ ~ \ .:....1: -" '''~''''...,... '.. ~ ".- Title SubTitle ."""~,..,....,".>',..../. ^,- http://www.cityoftemecula,org/GIS_ArcIMS/Print]rocess.asp ......,,<.,. """. ",. ) /' "," ," " ...;. '\. ........ ~......,,_., ". """"""'1>" \...,...u......". "...,. '''\W~:; ~ ~ .:" W \ '\(ib1-)7 ~ W". , .. ....,.w""", .........,....-.:,,(. , '~ ,..."..,.."......"'......j , i '(i)j ," ...r"" ",/" ", ", ,,' ,......'... ......,. / ,,' 1 of 1 \ ,,/"'" \ /' ,,--'" , ,p,.\"...... 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I :5~EI88" i 1 !. \. f " I. , I i i Ii l h ii n f uu h ~ t.'-:"."~t~:~:.C:t: .!:~:-: ~ "...-....-... ..'" """ . -;., -. .-- i[ '~ '" o 8~ .. " ~J ~ ~ i I I II t.- , . ! J I. hH u h b h ~:!".,-~:;~~:?~:".r.:::~i~~~ I i I II ' 1: I I I II III S ,IJIU11'ljl'l J&l M_MMM d k ., , , l . iil ~, , ]:~, f'~ ll.!J ~ o ~~ ~l ~ z ~-:.1,_.........:::'i::i. __._____...._~...~...~_~.._....._~____~__...__....._......._.__R_..___..__._""..____.._~__..___. ___..._ t6St,~""""".L . .-- POO\I.........P...P""'ll~fld.nw, I ',,' . ... I;' . ....... __. i.,. ,M S<lJ!lJO peol! eqned ~:: -=- i .:... ,I tf, I <l: ___.___.____._~_______.__________.______._._~_______________.___.__.._._._.._.___._._____.J.____"___----=---~____..;.__ 1 , 1 , 111 . II JlI' il,P{ . i,j II jIll, ! Jilll ,l-BBBIO]. ~~ y-----~---- . I'~-'-: ~:g 1 ~1 , I' illJ . j ~ ,( to h~ ~ 0 y-..----, ,1 Ir--.r--l Ii II I illJ , .. I' I ' ~ ~ J 2'> t, 11:' ,........1 I ] I I I I' III i !i tlli IJlt1f 11'1 l M.MM ~ M.!tM ; " o 15~ ". E' "l ] f . . . I J. if . , j " II Jl h t- -. .. "'-;.-:::--;;:/----';'-:-'-' I b h ... --! .. , ' "' c . ~,. ' ii; ~ w: ; ~. ' .5;1 ]i,1 ff~i G.:J! '" o !! E' "J ~ ATTACHMENT C SITE PHOTOS (.0."-------'" ," (-j 5 . ATTACHMENT NO.9 ADDITIONAL AIRPORT.RELATED CHANGES R:\General Plan\Comp Plan Update\Staff Report CC2.doc 45 ADDITIONAL AIRPORT.RELATED CHANGES Land Use Element 1. Modify Policy 8.3 (Page LU-47) to read as follows: "Ensure development projects within the French Valley Airport area of influence comply with the Airport Land Use Compatibility Plan (ALUCP) for the Airport, and refer all land use actions identified within the ALUCP to the Airport Land Use Commission for mandatory review." 2. Add a new Policy 8.4 (Page LU-47) as follows: "Ensure that development proposals within the French Valley Airport Area of Influence fully comply with the permit procedures specific in Federal and State law, with the referral requirements of the Airport Land Use Commission (ALUC), and with the conditions of approval imposed or recommended by the Federal Aviation Administration and ALUC. This requirement is in addition to all other City development review requirements." 3. Modify Implementation Measure LU-24 (Page LU-54) to read as follows: "Plan for land use compatibility with the French Valley Airport through the implementation of the following measures: . Refer land use development actions identified within the Airport Land Use Compatibility Plan (ALUCP) to the Airport Land Use Commission. . Participate in any future updates to the Airport Land Use Compatibility Plan and Master Plan for French Valley Airport. . Obtain avigation easements as required by the ALUCP to ensure that landowners acknowledge potential impacts associated with aircraft." Agency/Department: Planning, Riverside County Airport Land Use Commission Related Policies: 8.3, 8.4" Public Safetv Element 1. Add a new Policy 2.5 (Page PS-19) as follows: "Reduce potential hazards associated with airplane crashes by ensuring compliance of proposed development projects with the risk contours contained in the Airport Land Use Compatibility Plan (ALUCP) for French Valley Airport." Noise Element 1. Add the following footnote to Table N-2: Noise/Land Use Compatibility Matrix (Page N-7): "2. Regarding aircraft-related noise, the maximum acceptable exposure for new residential development is 60dB CNEL." R:\General Plan\Comp Plan Update\Staff Report CC2.doc 46 ATTACHMENT NO. 10 NON-CIRCULATION GENERAL PLAN COMMENT LETTERS R:\General Plan\Comp Plan Update\Staff Report CC2.doc 46 ( September II, 2004 Mr. John Telesio Cbainnan Planning Commission City of Temecula P.O. Box 9033 Temecula California 92589 ( Dear Mr. Telesio: Earlier this week, my neighbor Mr. Hayden Porter and I met with Mr. Ron Patks of the City Planning department. The pwpose of our meeting was to discuss the progress of paving Santiago road and what we could do to expedite getting pavement to our properties. In our discussions, we discovered that the neighboring properties north of Santiago road and south of oUr lots are owned primarily by Seaway Properties. Ron mentioned that Seaway would likely be working to pave the road in the next two years since they have requested a zoning change to increase the density of their proposed development. It is my understanding that current zoning requires lot sizes no smaller than one or two acres. Ron mentioned that the intent was to go to one half aae or less. I CllJIDOt teU you bow important it is tbat the lot size .. zoning change not be approved. We purchased our home in early 2003 and Mr. Porter purchased his in late 2003. We were of the understanding, (I checked with the city), that this area is zoned as rural horse properties not track housing. I believe that cbanging the zoning to higher density would negatively affect our property values. I would very much appreciate any feedback and information regarding this very critical matter. We have been struggling with Santiago road in its current condition and have discovered that we cannot obtain building pennits for intprovements until it is paved. My house is 23 years old. Ron Patks has told me that one option is a special assessment district But the planning department is overwhelmed and could nOl work with us to begin the process. So we can't do the road and we can't get pennits. In addition to the above problems I would like to bring to your attention the following issues: Santiago road has become a dumping area for people who have no respect for others property. I have enclosed a few photographs. We have called the police reganling this and about the off-roading and groups of people partying on the biIltops. I don't mind people enjoying the bills. But we have a clear fire risk with this kind of activity. As a retired reserve police officer, I do not believe that our lack of attention is the fault of the local Police. I see them sitting two and sometimes three deep at the intersections in town Writing tickets fQr left turns. They have th<;ir marching orders. I would hope that they would include frequent patrolling and enforcement in our neighborhoods as well. Any help that you or your fellow commissioners could provide regarding clarification and/or resolution of these issues would be greatly appreciated. Respectfully yours, GaryGary.R~eidman . ./J1f.<J~ 30680 Santiago Rd. Temecula, Ca. 92592 951.699.4682 cc: Mr. Ron Patks(City ofTemecula Planning Dept.) Ms. Mary Jane olliasso (City Planning Commissioner) Mr. Dennis Chiniaeff (City Planning Commissioner) Mr. Ron Gueniero (City Planning Commissioner) Mr. David Mathewson (City Planning Commisser) Mr. Hayden Porter c- SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 t (213) 236-1800 ~(213) 236-1825 Officers: Pr=rif1fa~~8~:m Ron Roberts. Temecula' first Vice Presidenl: Coundlmember Toni Young, Po,t Hueneme . Second Vice President: Vacant l..pell~ICounty: 10 Shields. Brawley Las AnJeles County: Yvonne Brathwaite Burke. Los Angeles County. lev Yaroslavsky, Los Angeles County - lim Aldinger. ManhaUan Beach' Harry Baldwin. San Gabriel - Paul Bowlen.Ceffitos-TonyCardenas.losAngeles' Margaret Oark. Rosemead . Gene Daniels. Paramounl' Mike Dispenza, Palmdale . ludy"" DLmlap.lngtewood 0 Rae Gabelich, long- Beach -fricGafcrlti.losAngeles'WendyGreuel,Los Angeles-FrankGurule, Cudahy 0 James Hahn, Los Angeles' Janice Hahn, Los Angeles' !sadOfe Hall. Com pion - Tom laBonge. Los Angeles . Martin Ludlow. Los Angeles 0 Llewellyn Miller. Claremont . Cindy Miscikowski. Los Angeles 0 Paul Nowalka, branti' - Pam O'ulflnor. Sanla Monica ~ Alex Padilla. Los An~les' Bernard Palks. Los Angeles' Ian Perry. Los Angeles - Beatrice Proo, Pko Rivera - Ed Reyes. Los Angeles; Greig 5mith,losAngeles" Ditk Stanford. Azusa "Tom SVkes,Walnul-PauITalbol.Alhambra"Sfdney lYter.Pasadena- Tonia Reyes Uranga. Long Beach" Antonio Villaraigosa, Los Angeles 0 DmnisWashburn,Calabasas-lackWeiss.Los Angeles. Bob Youselian. Glendale 0 Oennis Z"me,LosAngeles Onn~ County. Chris Norby, Orange County . }olIO Beauman, area '-Lou Bone, Tuslin' Art Brown. Buena Park-Rkhard Chavez. Anaheim - Debbie Cook, Huntington Beach - Calhryn DeYoung. Laguna Nlguel-Richard Dixon. Lake Forest. Marilyn POl'. Los Alamltos - Tod Ridgeway, Newport Beach RiwersideCounly: lelfSlone, Riverside County 0 Thomas Buckley, Lake Elsinore 0 Bonnie flickinger. Moreno Valley - Ron lovefidge. Riverside' Greg Pettis. Cathedral City ."Ron Roberts, Temecula San Btrnardino County: Gary Dvin, San Bernardino County. Bill Alexander. Rancho ~ucamonga' Lawrtmte Dale, Barstow' LeeAnn Garda, Grand Terrace - SUsan Longvme. San Bemanlino' Debora~ Robertson. Rialto VentunCoanty:JudyMikels,VenturaCounty. Glen Becerra,SimiVaIJey-CarlMorehouse.San Buenaventura. Toni Young. Port Hueneme Or~ngt County Tnnsport;rtion Authority: Vacant RiwerskIe County Tnnsportalion Commission: Robin Lowe. Hemet Verttun County T~nsportrtlon ComRlission: keithMlllhoose.Moorpark i)Prinltdonlleqd....Paper 559"'/>010', FEB 0 7 2005 February 2, 2005 Mr. David Hogan Principal Planner City of Temecula Planning Department 43200 Business Park Drive P. O. Box 9033 TemecuJa, CA 92589-9033 Dear Mr. Hogan: Thank you for submitting the Public Hearing Draft of the Updated General Plan for the City of Temecula to the Southern California Association of Governrnents for review and cornment. A description. . of the proposed plan was published inSCAG's December 16-31, 2004 Intergovernmental ReviewClearinghouseReport for public review and comment Inaddition,SCAG staff revieWed and .. commented on the Draft Environmental Impact Report for the City of Temecula General Plan Updafe'iJnderseparate cover on January . 10, 2005. Each of our reviews is from a regional perspective with an intent to share information, data and adopted plans and programs that set forth regional policy. ': . It is important to note that requests, such as yours,to review a local government general plan covering a 62 s'quare mile planning area in a fast growing county, represent a significant opportunitY to identify where regional policy can be implemented through local action, thereby benefiting your community, subregion and region in the future. It may, therefore, be beneficial to include a short section in your Purpose of General Plan section (pages 1~6 through.1-9) to. discuss the regionaVsubregionaVlocal planning relationships. We were pleased to note your mention of the Regional Transportation Plan, (AlP) and the'Regional Comprehensive Plan, .. SC"AG'sGrbwth ViSIon Coi'ilp'ass and -SCJXG'S GhjMh Managemenf' RlarrlhrbuglrOutttieiOhift-Gene-ral'Plah;> ." .<, ':.-"~,,"':j. ".;.-. .,' ."''-':1'':\ :;~.':!'.~r ::. :--::\ :-;:(;',-. ":-' We. recOgnize yotiieffot'ts,tb SlipporrreglOllal goalS: ahd. pdl.k:ies with tfleJllch.JSi6riofneiABlanCluse:'eategori13S'ftlre mixed':us'e' ;., ; f..' . development; theliiikageswithmulti~usElffails:aniNuti.JrE~ goals for new transportatfon opportunities through the exten~ion of . Measure A. DOCS#7619Ov7 MCB \.IERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Flo'or Los Angeles, California 90017-3435 t (213) 236-1800 f(213) 236.1825 www.scftg.ca.gov OfrKft$l Presidenl: May<lfProTem Ron Roberts, Temecula' First Vice !>resident Coundlmeniber Toni Young, .Porl Hueneme . Second Vice Pre~"' "'Yacanl m( unty:loShields,Brawley-. los'''',..voesCounty:Yvonne Brathwalle Burke, Los Angeles COunfy . lev Yaroslavsky,.los Angeles County - Jim Aldinger, Manhallan Beach 0 Harry Baldwin, San Gabriel' Paul BowIen,Cerritos o Tony Cardenas, Los Angeles' 'Margaret Clark,. Rosemead 0 Gene Daniels, ParamGllnt. Mike Dispenza, Palmdalt . Judy Du'1lap, lnglewood . Rae Gabelich, long Beach o Eric Garcetti, Los Angeles' Wendy Greuel, Los Angeles 0 Frank Gurule, Cudahy 0 James Hahn, Los Angeles 0 lanice Hahn, Los Angeles' Isadore Hall.. Compton 0 Tom laBooge, Los Angeles 0 Marlin ludlow, Los Angeles . Llewellyn Miller, Claremonl- Cindy Misdkowski. leis Arigeles . Paul' Nowatka, Torranreopam-O'Connof,SantaMonicao,Alex Padilla. Los Angeles 0 Bernard P,nks, Los An~es-lanPe,ry.LosAngeles'BealriceProo, Pica R"wera 0 [d Rl!'ff!s. Los Angeles - C,rl':ig Smith,LosAngeleso Dick S1anlord,Azusa 0, Tom Sykes,WalnutopaulTalbot,A1hambraoSidney liIer.Pasaden.a- Tonia Reyes Uranga, Long -Beach. Anlonio ViUaraigtlsa, 'Los Angeles 0 Dennis Washburn, Calabasas 0 Jack Weiss, Los Angeles' Bob:YouseJian, Glendale 0 Dennis line, IJlsAngeles OranpCounty: Chris Norby, Orange County . John Beauman,. Brea o Lou Bone, Tustin' Art Brown, Buena Park, Richard Chavez, Anaheim . Dellbie Cook, Hunllngton Be.Kh o,Cathl"fTl . DeYoung. Laguna Niguel . Richard DMn, lake forest. Marilyn Poe, Los Alamitos 0 Tod Ridgeway. Newport Beaw liYeJsldeCounty: Jell Stone, Riverside County 0 Thomas Buckley, Lake Elsinole . Bonnie nickinger. Moreno Valley 0 Ron Loveridge, Riverside 0 Greg Pettis, Cathedlal City 0 Ron Roberts.Tememla San Bernardino Coooty: Gary Ovilt, San Bemardino County. Bill Alexandel,.Rancho CucalllOl1gaolawrenceDale,BarstowoLeeAnn Garcia, Grand Terrace' Susan tongvilie, San i__-"'lOoOeborahROberlSOll,RiaItO :,uoty: Jwfy Mikels,VenturaCOIInty. ..__,.,ra.SimiValleyoCarlMorehouse,San BuenafMtura - Toni)'oung, Port Hueneme Orilnre (ounly Transportation AuthoTity: Vacant Riwrslde Counly Transportation Commission: Robinlowe,Hemet Ventura County Transportation Commission: keilh MilthouSl'. Moorpark @Pri,*"onRtcyl:le<I~r 'f.I)-1/20JO') Overall, Temecula's Draft General Plan acknowledges and supports Southern California Growth Vision Compass Principles of: Mobility -Improve Mobility for All Residents Livability - Foster Livability in All Communities Prosperity - Enable Prosperity for All People Sustainability - Promote Sustainabilityfor Future Generations . The City of Temecula's effort to maintain consistency with regional plans such as, the Regional Comprehensive Plan and Regional Transportation Plan is highly commendable. We appreciate your commitment to the regional vision and look forward to hearing of your land use/transportation successes as you realize your local vision through your newly revised General Plan. . Thank you again for the opportunity to review this most important city planning document. . Sincerely, C-~ ~i Harris. Managerof Community Development . Planning and Policy Department ~~~Ar DOCS#7619Ov7 MeR ". March 16, 2005 Temecula Planning Commission Temecula City Hall 43200 Business Park Drive Temecula, CA 92589 Dear Commission Member, A recent news article discussed "Rural Preservation Areas" and their designation on the General Plan. After reading the General Plan, I was curious as to why Meadowview, Los Ranchitos and Santiago Ranchos, Chaparral & Santiago Estates were not included in this designation as they seem to have matched much of the criteria. After contacting members from these communities to see if they were interested in pursuing this, we arranged for a meeting with Gary Thornhill and Dave Hogan, which took place on March 2nd. Members from all three communities were present. Mr. Thornhill and Mr. Hogan explained this designation and why it was not appropriate for our communities but suggested that we propose a designation that recognizes the characteristics within these neighborhoods that are unique, create and reinforce the perception of our town and are worth preserving for the long term benefit of Temecula and its residents. Tonight we will be at the meeting to present our "proposal" for designating these areas as "Horse Rancho Preservation Neighborhoods". Following is an initial attempt at outlining our ideas, much of which is based (or copied word for word) on information from the General Plan, which would need to be formalized through a Community Workshop with input from all concerned. I know it is very late notice but if you could, please review the following docwnent and we look forward to seeing you tonight. Sincerely, ~~~. Diana Lovett-Webb 30241 Corte Coelho Temecula CA 92591 676-2482 . Temecula has a long and colorful equestrian tradition. From Native Americans to the famous Vail and Roripaugh ranches, the stage coach and the Pony Express, horses have played an important role in Temecula's history. Ranch-style fencing, see throughout Temecula to this day, is a constant reminder of this rich heritage. Even during the beginnings of modern development in the 1960' s, as Rancho California, Kaiser established "horse ranchos" as a major type of development in this "semi-urban pastoral complex" we now call Temecula. While the City of Temecula has experienced substantial development since its incorporation, there remain several specific areas within city limits that have retained their original equestrian residential character: Los Ranchitos, Meadowview, Santiago Ranchos, Santiago & Chaparral Estates. These areas help to define how we perceive and experience the community and exhibit characteristics we want to preserve for community pride and quality of life. Although horses are no longer vital to our mail delivery system, they and their owners playa vital role in assisting "Citizen Corps" by helping to transport livestock during emergency situations. These equine areas have been designated as "Horse Ranchos Preservation Neighborhoods" and share these common characteristics that should be maintained: .:. Reductions to the minimum width of roadways and of street lighting .:. Zoning of low to very low density .:. Road designs without paved gutters or sidewalks .:. Horse trails .:. Native, natural hillsides and open spaces .:. Sensitive site planning, buffers and minimum intrusion oflight, glare and traffic noise Mawb 22, 2005 Mr- Dave Hogan, Principal Planner City ofTemecl1l", TelJl.:cuIa, CA. Dear Mr. Hogan: T reJl:l"et I will be 11D8hle to attend the Council Meeting this evening but would like to go on .xoord as to the following: ,. The Corona Family disagrees with the inclusion of properties outside of the City's boundaries and sphere in their plalmiug area because it is outside oCtile City's jurisdiction. 2. There was no notificalion to property owners outside of the City to either the advisory rommitll:e ...-i11g,'l, Planoing Ct:unmi""ion bearing. or of the City CouOOl meo-rillg If a public bearing is beld that affi:ds specific propedies no matter whose jurisdiction it is, those property owners must be notified and given an opportunity to speak. :3 By not lUlCIII3tely ~fiecting the approved county geoera1 plan, you are underestimating the cumulative impact analysis. You cannot simply wish that something is there, that is not. This will lead to an incorrect analysis. 4 The City sat on the Couoty General Plan Advisol}' Committee and after almost 3 years had multiple opportunities to be heard in regard to the CoWIly's General Plan. It is time to WOJk on wbal the City needs within its jwisdictionaJ boundaries, DOt what bas already been decided at the County level. S. It is inta1:sting to note that two of the tI:m:e rural pltsel VI: area are already in the CoUDty GaIaal pJan aDd .t-i8""t"'CJ as agricultltte. The other area north of Highway 79 and east of Butterfield Stage Rd. is designated 2 - S dwellings per acre, and bas bad residential dP.C:igll"tions since 1989. The Corona fiunily is the major property owner in this area. We are surrounded on three sides by high- density development Deve1ope1S are acquiring properties to the east as we speak. The infrastruc1lu:e for ultimate build-out is being planned and built - it makes no ra.--:-.s _..... __ t:_~ d';'v __:..at.." __ he.--"'-, ~ a-. ...il.,. t..a. QIUun.t otbel- motive in mind. Sinc<.:rely, The':orona Family, >,L. Q.7 er<oI - ATTACHMENT NO.11 RESPONSE TO COMMENTS R:\General Plan\Comp Plan Update\Staff Report CC2.doc 47 8.0 Responses to Comments on the Draft fiR This section of the Final EIR contains comments and responses to written comments received during the public review period on the Draft EIR (DEIR) extending from December 17, 2004 through March 12, 2005. Revisions and clarifications to the EIR in response to comments and information received on the Draft EIR are indicated by strikeout (DEIR tC)(t rClTlo>,cd) or underline (text added to the Final EIR). Corrections of typographical errors have been made throughout the document and are not indicated by strikeout or underline text. Each letter has been assigned a number code, and individual comments in each letter have been coded as well to facilitate responses. For example, the letter from the Rancho California Water District is identified as letter 4, with comments noted as 4-1, 4-2, etc. Comments Received that Address Environmental Issues The City received letters from the following organizations and individuals: 1 a. Terry Roberts, Senior Planner, State Clearinghouse and Planning Unit, February 1, 2005. 1 b. Terry Roberts, Senior Planner, State Clearinghouse and Planning Unit, February 5, 2005. 2. David Cohen, Associate Environmental Planner, California Department of Transportation, Division of Aeronautics. December 29, 2004. 3. Andrew L. Webster, P.E., Rancho California Water District. December 29, 2004. 4. Michael McCoy, Senior Planner, Riverside Transit Agency. january 12, 2005. 5. John H. Robertus, Executive Officer, California Regional Water Quality Control Board, San Diego Region. january 18, 2005. 6. Karen Hackett, Environmental Compliance Analyst, Eastern Municipal Water District. January 25, 2005. 7. laura J. Simonek, Manager, Environmental Planning Team, Metropolitan Water District of Southern California. january 26, 2005. 8. Gail Acheson, Field Manager, Bureau of land Management, Palm Springs - South Coast Field Office. january 27, 2005. 9. Teresa Tung, Senior Civil Engineer, Riverside County Flood Control and Water Conservation District. january 31, 2005. 10. Robert C. johnson, Planning Director, County of Riverside, Planning Department. January 31, 2005. 11. George A. Johnson, Director of Transportation, County of Riverside, Transportation Department. january 31, 2005. 12. Carol Gaubatz, Program Analyst, Native American Heritage Commission. january 31, 2005. CITY OF TEMECULA 8-1 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comment) on the Draft fiR 13. Dave Gallaher, Director of Facilities Services, Temecula Valley Unified School District. February 2, 2005. 14. Mark Macarro, Chairman, Pechanga Indian Reservation. February 2, 2005. 15. Lynn Harris, Manager of Community Development, Planning and Policy Department, Southern California Association of Governments. February 2, 2005. 16. Jeffrey M. Smith, Senior Regional Planner, Intergovernmental Review, Southern California Association of Governments. January 10, 2005. ENVIRONMENTAL IMPACT REPORT GENERAL PlAN UPDATE CITY OF TEMECUI.A 8-2 Responses to Comments on the Draft fiR A . '--'STAT.E OF CALIFORNIA '_c Governor's Office of Planning and Research 'State Clearinghou,e and Planning GnU {~ .~. '\ill..=" Arnold Sclnwnenegger Gov<<JK/r JaaBoel Acting Dirrdor February 1. 'lno; L W~ [i~' ,-(TIT! f2hj/ eTt$.. j.C\. fU FE8 0 8 2005 '~,il By __ I Oavjd HOl;a~ City ufTemCcula 43200 Business 'Park Driv~ Ten1eCUla. C".A 92.590 Subject: City QfTemecula Ol:nernl Plan Update SC)!~, .200:\061041 Dear Dllvid ~(lglln; The Stilt: Clearingb.otuic submitted lhe above rnurru Draft EIR to sclecled "ute ligd:lCje; for review. On tk enclosed Oncurnent Detaib Report please note that ttlt Ckaringhou$e has listed tin: ~tDte agenc:ie.s1hllt reviewed your docunm, The n:violJ" period closed on January 31, 200.5, and the comme~ts from !be rcsponding <igs:ncy (ies) is (arc) enclosed. Jilhis tommenl pDCkage i$ nor in order.. pleasenollfy the State ClC81in&hOlJ8c ilnm:dia.tely, PJeaseIefer to the project':i ttn.digitS1ate C1earin&houseaumber in future oorrcspond('.r.ce SQ llult we may n:::spond promptly, Please note ~\3.t Scctic.n 211 ()4(c) of the CllIifoxnia Public Resources Code Slates that: W^ ~"Sponsjl;llc OT omer public l:Igellcy shall only make substantiVOCOlJlmCIltS resarding those (let~\'iLie:l Lilvolved in a project which are within !utlll'ca ofcxpcrtiile oftbc agL"DCY Qf which 11[; feCJlIircd 10 be carried olLt or <lppmvcd by the agGtlCY. Those Coml1ltnts shall be supported by sp~i lie uocl\meniation." \,,-1 'fll1:~ comr4ents are forwllCded for LISe in preJXlring your final cn~iroMl(lntal docu~nt. Should you [l~cd more infOrm!11Qn or clarification of the enolosed comments. we: recommend that you eontact the ~Onllnenllllg: a~e!lcy directly. Thi:lletler :jdmmvl~Jge3 thai you h4"c complied with the SI31e Cleannghouse review n:(luirem~nt.~ lilT draft envirOllinen~ill ~Ot:uments, pursuanllo t!XI California Ellvir~l Qu:llity Act. Please (;ont~t the State CJCf1riugllolme at (916) 44'-0613 if}'ou have my ~OTJ~ re~llIding tho. en...ttonrncntal review proCCl:ls" Siucercly, -:!:::YI' CJ ~. ~ .~ TcttyRo ; Dirt<,;lof, St,-t..: Ch:lll'ill;holl"~ . Endu$ureR ~ tc: .k~S(Jur~l'" Ag~ncy 14o(1lENTHSTREET r.o.OOX]044 SACRAMENTO,CALIFORNIA ~5812-3W . TBLf916)445-0oU PAXcgU!)323-301S. WWW.opr.C&,jltIY CITY OF TEMECULA 8-3 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft fIR Document Details Report State Clearinghouse Data Base 7ypG De$c({ptJe'ul 200J~6104' City $f 'femecula Generel Plan UPdete Tem~ula; City-of E;!R . DraflE1R Tile City of TlflmaCuJa has complet1:ld ;t comprehetlsJva update program for the General Plan. The upda~d General Plan addresses the seven St:ilil miilndsted GettEH'al Plan ~Iemen(s, as wall as otllar i~,.u~'1 that aM important to the- communlty,lnCludlng growth managllment, Bconomic d~IQpmej'll. Qfr quall1Y, and community design. TM Hrmsing Element was feeently updated In 2002, and thus is nol being compmhens!vely updated as part of thlB program. SCH# Pm jeer Tltla l..ad Agency Lead Agency Cortact Name Daviq Hogan Agpncy Cit~ 6r Temec:ula PhQrte. (9S1}B94-MOO ema~1 Address. 4320o.-'Busfness Part: D,;\fljo Crey Teme:::ula Fax St..iIt'8 CA Zip 92590 Project Location. County Riverside City Trnn,*r:ula Rogion Cron Slteets NIA. Par~9{ Nc. NIA Township Range- Section Ba.. Proximity to: Highways SR-i9,1:15,1~215 Mrporu: Fren~h Valley Airport Ra/lwaw None Waterways Tem~la, Murrieta, Tucalota CreeKS and Santa Margarita River Schools AI' TYUSO Schools Land Use Vari~s Project ISSUQfi Ae!l~eticNi$t,l.llj Agricufb.J~.a1 Lsm!: Air Quafily; Ar('.h:aaologk.Hlsforic; Cumulative Effects; Drahi:agelAbsorplion; Flood PlainlFlQodingj Forest LandIFir9 Hazard; GeologldScismle; Gn)w.h Inducir;g; l;InclUSl;:; Minerals: NolsQj Otl1er I$$u~; PapulallonlH,lJul>lnQ Balance; F\lbUo SasvJCES: Racrbation/Parb; SchoolslUnlv8railies; Septic System; Sewer Cepuolty; Soil Eros!on/compactionlGrading; Solld Waste; 'roxlr./Hazardous; TraffleIClrculalion; Vegetation; Water Ql1l:ll!ly; Waler SIiPPIy: Watlamt/Ripari(ln, W~dljte Reviewi/lg ResOurces Agency: Ragjonal W~er QualIty Control Soard, Region 9; D~ilrlmenl of ParKS and AI1MC/~s Recr~ation; N9Iiv(l AmerIcan Heritage Commission; O~ce of (:.merpency SSNlces; Oepa/'tl'neflt of Flsn and Ge.me. Reglofl6; Department of Water Resources: California Highway Patrol; Callran.s, Olstr1ct. B; Call1Sns, Division of Aeronautics D"toRecefverJ 12117/200< St<JrlofRavicw 12/17/2004 EndofRevi9W 0113112005 NOI~ Blank:s In datol field., result frum Insufficient information provided by lead agency. ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECUI.A 8-4 Responses to Comments on the Draft ElR la. Terry Roberts, Senior Planner, State Clearinghouse and Planning Unit, February 1,2005. Response 1 a-l The comment states that the State Clearinghouse received the Draft EIR and forwarded it to relevant state agencies for comment, and further states that.the project has complied with State Clearinghouse review requirements for draft environmental documents pursuant to the California Environmental Quality Act. The comment is acknowledged, and no further response is required. Note: The following comment letter was attached to the State Clearinghouse letter and is included as Letter # S in this section of the Final EIR. fohn H. Robertus, Executive Officer, California Regional Water Quality Control Board, San Diego Region. /anuary 18, 2005. CITY OF TEMECULA 8-S ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft fIR - WI Fclrruary7.~OO5 STATE OF CALIFORNIA Governor', Offiee of Planning and R.se~t~~;-i{F r State Clearinghou,e and PlonDing Uni(' -- . i,i]- FElll 0 'Ii,' f'U b:L:.~_..-::...,,':'"' '. ~~ ,,-II!) ,. . - ,.. 1005 ;' floc! A,",,~D""''''' Arnold Schwarncoegaet 00"""" .DavidHoHlW Clty ofTemi:cula 43200 Bu.<:inc.'l$ ParlI. Drive Teme<:ulll. etA 9259B Sllbjf:Ct~ Ciiy ofTtml.ecula Geneml pbm Update RCH#: 200)061041 LE;l\e1l 1b Dear David lloe.all; The enclosed wrnmcnt(s) 00 yourDrUl ElR was (were) received by tlw Stale- Cle~nghouse after the ond of lhe stele review period, whi~h dosed un I~IlIIafY 31, 2005. We are forwaroing the.sc cClIIllIlCDt9 LO you . OOcnuse they provide inforn:wt1on or f;1isc j~ues that should be addrcllseu in)IUUl' firuU environm:mtal doCU1'lleo.t 1b-.t. The CaliforrlJa l3uvil.'onmental QuHlily Act docs not r~quirll U:adAg,encles"OO respond lu late comments. However, w~ encoutag<3 you to incorporate these additional c~ts intO}'<lUl final environmental documern a:dd tu cortSlder them prior to laking rUlllI i1ction on the proposed project. Plca~l; cuntllk( lhe SUlIe Clearinghouse 11\ (916) 44~-D613 if you MY!:: any quo:stions ~Qnl:eruing the cnvironIrUmfa!tcvlew prQc:e$~, .If you bl1ve II- question regarding tlw above-named proje~t, pleru:e Tef~ tu ~'lC Icn.diHiL~:::tl:ltc Cleadnghouse number (2003061 041) wben COlltaCting thi5 Q!llct), SinCtl'ely. . ~~ TlCrry Roberts Senior ~11L!'Ilier. State Clf'aringhousc Enclusures . cc; ReSOutc~s A~eDC)' 1400:TI!NTH STREET P.O. BOX 304.( SACRAMENTO, CAUFORNlA 95812-3044 TEL(916l44S~13 PAX(916P1J.1018 www.upr.ClI..$ll1. ENVIRONMENTAL IMPACT REPORT GENERAL PIAN UPDATE CITY OF TEMECUIA 8-6 Responses to Comments on the Draft ElR 1 b. Terry Roberts, Senior Planner, State Clearinghouse and Planning Unit, February 1,2005. Response 1 b-1 The comment states that the Native American Heritage Commission comment letter, dated January 31, 2005, was received by the State Clearinghouse after the end of the initial review period. This comment letter was also sent to the City Planning Department and was received prior to the end of the review period. Note: The following comment letter was attached to the State Clearinghouse letter and is included as Letter # 12 in this section of the Final EIR. Carol Gaubatz, Program Analyst, Native American Heritage Commission. /anuary 31,2005. CITY OF TEMECULA 8-7 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft EfR SrA'JEO'IlCAlJR)ltNIA-.HI~"INK$.'I, TRANSPOX't'ATION AND UOtlSiHO M).I!N(;Y 1I1Uf01.I)SC8W~('IIl_ DEPARTMENT OF TRANSPORTA TTON DlV!SlON OF AERONA1JTfCS M.s. #40 112(J N STRBET - ROOM 3300 P.O. BOX 942J7~ SACRAMHNTO. CA 94273.,ooof (916)6S4-4959 FAX (916j653-9S31 TI'V (lJJ6l 6'1:W21 ~ Fl.U'I"'"PUlHr! H6_'tfJI~J1it'.u.JJtl December 29, 2004 I..E,.,.-a. 'Z. Mr. David Hogari CIty of Temecul.' 43200 Business Park Drive Teuu:<;ula, CA 92590 . Dear Mr. Hogan: Re: City ofTeiru:cula General Plan Update SCH#200412104l Thank you for in~luding: the Caiifornia Department ~f Transponation (Caltrans),' Division of Aeron,autics inJhe environmental review proc~8 for the above-referenced project. We reviewed the Draft Environmental Jmpact Report, dated December 2004, with respect to ailpon land use ~ompatibiJity planning issueo pursuani to the California Environmental Quality Act (CEQA). The Division of Aeronautics has technical expertise in the areas of airport operations safety, aviation system planning, and airport land use compatibility planning. We are a funding agency for airport development plans and projects, and we . have permit authority for public and special use airports. We offer the following comments for yoUr consIderation. 2.-1 1. The project is :the comprehensive update to the City of Temccula General Plan, except for the Housillg Element that was updated in 2002. French Valley Airport is localed adjacent to fue northern boundaries of the City of Temecula. The role of regional comprehensive planning and lbe airport Jand use commission is heightened if. an airport is located in one city, and may have noise and safety impacts on another. 2. In accordance, With the Public Utilities Code (PUC) 2t676 el seq., local General Plans nnd any aftl~ndrnents must be consistent with the adopted airport land use compatibility plans developed by ALUCs. The Rivmide County Airport Land Use ColUID.ission's consistency review will be. required of the City of Temecula's proposed general plan update. This requirement ill accessory 10 ensure that General Plan policies: and recommendations for noise impact assessment and land use densities are appropriate. given lbe Itslure of airport operations. l~L "Cc4lr>JII~lrtlprcwlSl mUll, m:rlJSJ" Czlqi:mrtn ~ ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-8 Responses to Comments on the Draft fiR .Mr. Da.vid Hogan: Decembcr29,200i1 1'a302 3. As mentioned in State Law, the ruc Section 21676 et ..q., Callrans reviews and comments on:the specific findings a local government intends to use when proposing to Ove!TUlc .,j ALUC. Caltrans specifically looks at (he proposed findings to gauge their relationShip to the overrule. The findings should show evidence that the city is "minimizing the public's exposure to excessive noise ond safotyhazards within areas aroWld public airports to the. extent that these ""'.. are not already devoted to incompatible l1Ie'." 1-!l 4. General Plans and their element' must clearly demons Irate the intent to adhere to ALUC policies to ensure compliance with compatibility criteria. Any direct conflicts between mapped land use designations in a Geneml Plan and the ALUC criteria JIlUSt be resolved. A General Plan needs 10 include policies colllmitting the city to .dopt comp.tibility 'criteria es.cnli.1 to ensu.ri.ng thot such conflicts will be avoided. The criteria do neit neeessari1y need to be spelled out in a General Plan. There are a number of wa~s for the city to address the airport consistency issue, including: 1-4 . lncOlpomt.ng airport compatibility policies into the update . Adopting an airport combining zone ordinance . Adopting lln A vfation Element into the General Plan . Adopting the Airport Compatibility Pion.. a "stand-alone" document or as a specific plan 5. The General l>tan mu,t ackriowledge that until ALUC compatibility criteria are .1. incorporated i~to the General Plan, proposals within the airport influence area must be submitted to the ALUC for review. These provtslons must be included in the General Plan at a minimum for it to be considered consistent with the ahport land use compatibility plan. ~-S' 6. In aecordance:with CEQA, Public Resources Code 21096, the Caltrons Airport Land uSe Planning llondbook (Handbook) must be utilized as a resource in !he preparation of environmental document< for projects within the boundaries of an airport land use compatibility plan. or if such a plan has not been adopted, within two nautical miles of OJ" airpon. : The Handbook provides n "General Plan Consistency C'heckli,," in Table 5A, and "AirPort Combining Zone Compon.n.." in Table 5B. For yoOf reference, our.Handbook is published on-line at httpJlwww.dot.ca.govlhqi.planningl aeronaur/hllt1lfi1e1landuse.php. 7. The planned height of buildings, antennas, and other structures should be cheeked J relative to the'Federal Aviation Regulation (FAR) Part 77 criteria if development is . 1-"7 close to the airport, particuIarly if situated within the rwlWay approach conido,.. 2-<0 "CaltfWUt Wl,pllllJl/fl1Mbilitj, rtr.1'tl$l CNi{orniti" CITY OF TEMECULA 8-9 ENVIRONMENTAL IMPACT REPORT GENERAL PlAN UPDATE Responses to Comments on the Draft ElR Mr. David Hogan , December 29. 2004 Page 3 General PI~ mnst include policies restricting the height of structures to pro!el:t navigable airspace. To ensure compliance with FAR Part 77. "Objects Affecting Navigable Airspace," the f'Iling of a Notice of Proposed Conslnletion or Alteration (Form 7460-t) with the Pederal Aviation Admlniatratiori (FAA) may be required. For further techiUcal information, please refer to the FAA'. web site at .httoJ(wwwt .faa.20v/ats/ata/ A T A4001oeaaa.html. 8. The Edueatiq" Code. Section l72t5 requires a school sile investigation by tho Division of Aeronautics prior to acquisition of land for a proposed school site within two miles of ~ airport runway. The Division's recommendations arc submitted to the Stale De~cm of Education for use in determining the aceeptability of the sileo This should bio a cOMideration prior to designating residential uses in the vicinity of an airport. . 9. The Section 11010 of the Business and l'rofe..iollB Code, end Sections 1102.6, 1103.4, and 1~53 of the Civil Code lhup;/Iwww.leirlnfo.ca.2ov/calaw.hlmll address buyer notificatioa requirements for lands around ailJlnrtli. Any person who intends to offer land for sale or leOlle within an airport influence area is required to disclose that fact 10 the pel\\On buying the properly. 10.Land US~ pra~tices that atlnl.cl or sustain hazardous wildlife populations on or near airports can significantly increase the potential for wildlife-aircraft collisions. The FAA reconnnends that landfills, wastewater lreatment facilities, surface mining, wetlands, and ~lher ases that have the potential to .attract wildlife, be restricted in the vicinity of an airport The FAA's Advisory Circular (AC 150152O().33) entitled "Hazardous Wildlife Attractants On or Near AilJlnrts" and AC 15015200-34 entitled "Construction: or Establishment of Landfills Near Public Airports" address these issues. These :advisory circularS can be accessed at httn:llwwwl faa.r!Ov/aroJ. For further technical information. pJeOllc refer to lbe FAA's web site at btlD://wildlife- mitti~ation.tc.faa..ov/public htmlf1ndex.html. You lIUly also wish to conlaer the U.S. Department O{Agriculture, Wildlife Services at (916) 979-2675. I I. Aviation plays an important role in Califom;a'. transportation system. This role includes the movemeut of people and goods within and beyond our Slate's network of over 250 airports, Aviation contrihutes nearly 9% of both total State employment (1.7 million jo!>.) and total Slate output ($1I0.7!>illlon) iumually. These benefits were identified in a: recent study, "Aviation in California: Benefits to Our Economy and Way of Life," availabte on-line at. hllD:llwww.dolca.anvlh°/olanninElaeronaut. Among other things, aviation improves mobility, genemtes tax revenue. saves lives through emer~ncy 'esponse, medical and fire fighting services. annualty transports .C"IkGM i1fIJlf'OlJU 1Mb,Lity ac'ro(J& CkzJJ.fomia" 1.-"7 C.ONT. t-9 2-' 2.-/0 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE 8-10 CITY OF TEMECULA Responses to Comments on the Draft fiR Mr. David HOSlIn ' December 29, 2004 Page 4 . air cargo valuixJ at over $170 billion and generates over $14 billion in tourist dollars. which in turn Improves Our economy and quality of life. 12. The protection of airports from tile encroachment of incompatible land u..... i. vitalli> the 'afety .of airport operations, the well being of the communities surrounding airports, and io California'. economic future. French Valley Airport is an economic asset that shi>u1d be. protected througb effective airport land nse compatibility planning and Iiwarene5&. Consideration given to the i..ue of compatible land uses in the vicinity of'an airport should help relieve furure conflicts between airports and their neighbor.. . 1-10 UN!', These comments! reflect the areas of concern to the Department's Division. of Aeronautics. .We'.dvise you to contact Ms. Rosa Clark in our District 08 office at (909) 383.6908 regarding surf""e transportation issues. We appreciaJe lIu, opportunity to review and comment on this project. If you have any questions, please call me at (916) 654-5253. Sincerely, )). GI.....- DAVID COHEN ~ Associate Enviro$tcntal Planner C: Slate Clearinghouse French Va!jey Airport Riverside County ALUC '"thl/Jww impro!ll<ll mnbilit)' lJI:",," ~IfoTnid' CITY OF TEMECULA 8-11 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft fIR 2. David Cohen, Associate Environmental Planner, California Department of Transportation, Division of Aeronautics. December 29, 2004. Response 2-1 This comment provides an introduction to the Department of Transportation, Division of Aeronautics comments on the Draft EIR. No response is required. Response 2-2 The comment is noted. The City has referred the Draft General Plan to the Riverside County Airport land Use Commission (AlUC) for review and a consistency determination with the French Valley Airport land Use Compatibility Plan in accord with Public Utilities Code Section 21676 et seq. At the time of preparation of this Final EIR, the AlUC had not completed its review. Response 2-3 The comment is noted. Please refer to Response 2-2 regarding ALUC review of the Draft General Plan. The City of Temecula does not intend to overrule the County ALUC. As required by State law, the City intends for the Draft General Plan to be consistent with the French Valley Airport Land Use Compatibility Plan and will work with the ALUC to achieve consistency. Response 2-4 The Draft General Plan Land Use Element includes the following goal, policy, and implementation program as a demonstration of the City's intent to adhere to ALUC policies to ensure compliance with compatibility criteria: Goal 8: A City compatible and coordinated with regional land use and transportation patterns. Policy 8.3 Participate with the Airport Land Use Commission in the implementation of the Airport Land Use Compatibility Plan (ALUCP) for the French Valley Airport, to the extent feasible. Implementation Program lU-24 . Work with the Riverside County Airport Land Use Commission to review development projects within the French Valley Airport area of influence, and participate in any future updates to the Airport Land Use Compatibility Plan (ALUCP) and Master Plan for the Airport. ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-12 Responses to Comments on the Draft fIR Response 2-5 Please refer to Response 2-2 regarding ALUC review of the Draft General Plan and Response 2-4 concerning Land Use Element goals, policies, and implementation programs addressing airport land use compatibility. Policy 8.3 and Implementation Program LU-24 (referenced in Response 2-4) address provisions for ALUC review of proposed projects within the French Valley Airport area of influence. Response 2-6 The comment is noted. The Riverside County Airport Land Use Compatibility Plan was used as a basis for completing the land use compatibility analysis in Section 5.9 Land Use and Planning of the Draft EIR. The ALUCP utilizes the Caltrans Airport Land Use Planning Handbook, dated January 2002, as guidance for policies, consistency determination criteria, and preparation of airport compatibility maps. Response 2-7 The comment summarizes the planned height of buildings, antennas, and other structures relative to the Federal Aviation Regulation Part 77 criteria for development close to an airport. As described on pages 5.9-3 and 5.9-11 of the Draft EIR, the maximum permitted height of buildings/structures within compatibility Zones D and E, which cover properties within T emecula, is 70 feet for Zone D and 100 feet for Zone E. Development proposals pursuant to implementation of the General Plan that exceed these maximum allowable heights will require airspace review. Response 2-8 This comment does not raise a question regarding the analysis or conclusions in the EIR. The comment summarizes procedures for school development within two miles of an airport runway and disclosure requirements for property sales or leases within an airport influence area. As described on pages 5.9-10 through 5.9-12 of the Draft EIR, construction of schools is generally not permitted in ALUCP Zone D unless no feasible alternative is available. Additionally, as stated on Page 5.9-10 of the Draft EIR, all properties within Zone D are required to have recorded deeds reflecting these restrictions to alert potential property owners of the restrictions. Furthermore, the Draft General Plan includes the following implementation program to improve awareness of the airport throughout the influence area: Implementation Program LU-24 Obtain aviation easements as required by the ALUCP for the French Valley Airport to ensure that landowners acknowledge potential impacts associated with aircraft. Response 2-9 The comment is noted. As stated on page 5.9-6 of the Draft EIR, projects that may potentially attract birds or other wildlife hazardous to aircraft operations within the French Valley Airport area of influt;nce are subject to ALUC advisory review. CITY OF TEMECUlA 8-13 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft ElR Response 2-10 This comment does not address an environmental issue nor raise any question regarding the analysis or conclusions in the EIR. No response is required. ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-14 @ Ranaha Water" JlolUdW'UiR<:Io.. "1lh611'.lIDafIIoall 1'r....rlI>ot 0001>01'.'" "..Vlm_~..-t Skphc:.J.CeMno. r~fl.llf11y ......R-'Dnoh LI.. D. B--.u. ~iMoo..,tI,"""iIl,... (1/11"""" . DriDa.J.D..d, ............' l'b:iI,",1.t'HR. JJim:larotn....z.n.l''''..u"''', E.J.'.'1luV~ l'q_,.rli:nt;o.......""" Pwr)'R.lJ;>1Idr. ~GCPlj,Dnilll! .htOlJ.~ ,....... Uadlltd..r~ IllMdo:l.lJtc:nw:dAibli~/IlI\'t I:'Il'YIOMIII..~.. (l.ldid.ef.eo.tu 1kM.>>Nl..IUtIIWUI ,~.....lt}ao...l Responses to Comments on the Draft EfR -- lleoemherJO, 2004 D ~ ~ Ten W n: ~ JAN lf3 2005 ! ~J , 1--. --'"-"".CC",,".d David Hogan, Prindpnl P!annct City .fT.m..uI. Planning Departmeot 43200 Business Park Drive 1'em..ula, CA 92560 SIJBJECT: CITY OF TEMECULA GENERAL PLAN PUBLIC REVIEW OF DRAFT GENERAL PLAN AND ENVIRONMENTAL IMPACT REPORT Le'TTe~ 3. Dear Mr. Hogan' ~chn C.alifornia Water District (RCWD) appreciates the opportunity to provide comments fot the Public Review of tho Draft City of T\.\mecula General plan and tho D1'aft Environmcntallmpact Report (ElK). RCWO', comments are as folloWJ: . ;wI Water Resources The first sentence of tho second paragraph on page 08-12 of the Drqfi General Pian is misleading, ljim:e pollution ofthc underground aquifer is not limiled to . ot;Lly indWltrial sites. . The third and fo\llth sentence of the seeond pa!"l\l"ph on PliKe 08-12 .fthe Drqf/ Oeneral Plan should be updalcd as ColloWll: 31.. "'One groWldwater production well was con1atninate4 by a MTBE plume but . subsequent aquifer remedial clemup activities has allDwed this facility to be placed back into ~ervicc. ~'urthermo~, other groulidwawr production wells were nearly contaminated by a separate MmE plume but subsequent aquifer remedial cleanup activities has allowed thelre facilities to remain in o~ation." Wa!ltewllter'Servlce A.s previously noted in RCWD's comments to the Notice of Preparation, Q PQrtion Qf the City of Tcn'lccuIa (primarily the Wcs~ide Business Centre area) is within RCWD's wastewater service area and these W"'olst.ewaterfiow5 are tr,eated lit'RCWD's Santa Roso W.ter Reelamatio" Facility, Pages GM.9 andOM-14 of th.c Drqft Genernl Plan as well as the Em. should be revised accordingly, 13 1!aDClLo)Ca!Ultr>>.hoW.t.erllblrllll .~J~\Vl1I<hm0l"tt...d . "..trnrl<lllno..~nl1. """"""1.. ('...lhi. ~l1 . IllGll;ll,lH\m"'Uli5Ulll'lHl6O CITY OF TEMECULA 8-15 ENVIRONMENTAL IMPACT REPORT GENERAL PlAN UPDATE Responses to Comments on the Draft EfR . David HopnlCl:ty OrTemN.'ull Dec~be(" 29J 2004 : Page Two If YOu should ha~(: any questions or n~~ additional inform..atio~ please call us at this office at (951) 296-6900. Sincerely, RAN/5;;jCTER DTSTIUC7 ~ Webster.P.E. Planning & Capitd Projec", Manager D4\AW:BlI30\~E<.l e;. E. P. "Blib" Lemons, lJlreclOr of Bngint:cring Mike Meye.rPerer, Develuprm.-nl Engin~llrfng Manager Enclosure ItaadwClolllN:al:lWaIt'rDtslriot 4~'~IP'\'i..il...!erlWo<d . t'lNl10!l1foQod017 . ToItI<lO'-ll..~;fom;.!l2Illi!l.!IIr1 . lIlUI/'~JI6.IillII<1 . ~A~(llII9'*,M/IIl ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE 8.16 ~ CITY OF TEMECULA Responses to Comments on the Draft fIR 3. Andrew L. Webster, P.E., Rancho California Water District. December 30, 2004. Response 3-1 This comment provides an introduction to the Rancho California Water District's comments on the Draft General Plan and Draft EI R. Response 3.2 This comment requests a technical clarification within the Open Space/Conservation Element of the Draft General Plan and does not raise any environmental issues regarding the Draft EIR. Recommended technical changes to the Draft General Plan will be considered by the City for inclusion in the Final General Plan. Response 3.3 In response to this comment, a new sentence under the "Wastewater Environmental Setting" subheading on page 5.14-4 of the Final EIR has been added as follows: A oortion of the City of Temecula iorimarilv the Westside Business Centre area) is within the RCWD's wastewater service area, and these wastewater flows are treated at RCWD's Santa Rosa Water Reclamation Facilitv. The revision does not affect any of the impact conclusions contained in the EIR. Similar technical changes recommended for the Draft General Plan will be considered by the City for inclusion in the final General Plan. CITY OF TEMECUlA 8-17 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft EIR J=~ ...... RiI'IIIisillbt 1'mIdt Ilpnq' January 12, 2()()4 PLANNING DEPARTMENT MEMO DEVELOPMENT REviEW Le,.,-c:;~ 4 To; Arjne Palatlno, Director of Planning M~hael McCoy, Senior Planne~ Dt~ft EIR for Temecula General Plan Update - RT A Comments B$ routes effected: .23. 24. 79. 202. 206, 208 and future additional routes From: Subject: Summary: The ~ 01 T8mecula Community Devefopment Dept has issued the Draft Environmonlallil1paet Report (DEIR) for ita yeer 202S Generel Plan update. This DSIR will be one of th~ most Important policy documents guiding land use and development decisions In rerMeula over Ihe next ZO yeare. RTA .tall r.vlewad the Plan'e NOIIce Of Preparation in Md the Initial Sludy In Z003 and suggested additional attention 10 lronsit alternatives be fOrthcoming In tho General Plan. . The Orolt eJR now fully addresses Iransllln nearly all Its aspecta. from convonlently placed bus ,stopS to transit..friendly development practices, RT A believes the document now sends a streng, pro-a'ctive 'welcome' to transit 8S one of tho viable remedies for the congesdon and pollution that plagues the Inlend Counties. RT A staff makes the following obse",ations aboul the Draft E1R: . summary; of Impacts and Mitigation. Measures affecting transit, pp 1-8 to 1~16: o Mf$sure T..J underscores the City's financiar commilment to transit facilitieS; o PrO-transIt measure T.5 requinw; developments to incorporate tfansit-ftIendly <iesign reaiures .such as bus turnouts. shelters and pedestrian connectivity to residential areas; o Ml$sure 1-11 encourages Me share, park-and-ride and transit oasis featlJres: o Air Quality measures AQ.7, AQ-8, AQ~14 and AQ-17 voice a strong commItment 10 exc;eUence In transit planning. especially In regl1rd!i to tranalt-friendly development practices, the Trip Reduction Ordinance. and new park anCllide facmties. transit oort;dOr5, transit (lases and other strategies to reduce vehicle trips and lower mobile ~ emissions 01 unhealthful pollutants, iI Implicalldn8 the Roadway Plan would have on future transit. pp 3011; o ThIS map Is an excellent tool ff)rtranslt planning. It helps <ietermlnc future bus routes; o As trenslf seMoa Impmves In Sou1hWeSt Riverside County over the coming yearn, the -density" Of routes willlncreSS9 from the current two local routes to 8eyetal routes; o All of the first 3 roll<l caIoQQJi.. (Urban Arterial. prinCipal Arterial. sn<I Major ArIona!) are IlkeJy candidate!:! for future bUS routes In Temecula. These are routes along which RTA Plahnlng wUl recommend future transit amenltle,. Example: Butterfield Stage Rd; Q A ~alively smaller portlOn of Secondary Arterials wrtl also be selectl3d for bus setvk:e. Some alteady carry an RTA route. Ex.ample: Pal,lba Rd; o Some collector Mrs<<. In hlgh-denslt'y. special design or lnstitutionaJ..use areas may carry transit. Example: Old Town Fron! Sf. . The Growth Visioning principles, pp 5-9.20 Ii 21 are &trong policy .tatements In favor of trianslt al.ternetlvllS where possible and practical: F:\OOIa\PIcmning\MkeM\Wonl\Cov RovlMlerrww\ll\2005\OraftEIR. GVIll PI&ln.~ +-1 4-2.. ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE 8.18 CITY OF TEMECULA Responses to Comments on the Draft EfR The Pmpj,&ed Land Use Policy Map, pp 3-5, will help !renolt plan nor. corrolate future deyelopmont patterns with potentIal transit routesj . The descr'Ptlon of Temeculs's RTAStllvlt;es on PP t):.13-2Is entirely accurate; . In the Ext;stlng Traffic Conditions portion, on pp 5..13.18, thetoxl ac;:curatety descrlbe~ ongoing cooperation between the City and publiC and prlvatetran.it. The text continues by emphasizing key City polities that encourage tranalt use and !rensU-frlendly development ptilctices; Overall. the Draft ElR is one Df the most supportive General Plane. In Riverside Cqunty that RTA suff h_s reviewed In regards to a general upgrading of and encouragement for new transit facilitIes. The entire General Plan team 18 to be oommended for this vision. The Plan's appr~ilIoh also underscores Tomecula's acclaimed transition from a small rural node to a more mature urban envirorunent known for its equidistant satellite center stat\l$ relative tci Los Angel.., san Diego end Rlvef$lde. Most planne<s bollov. a strong commitment to transit at this point in the planning pro...s Is . hallmark of th. leading cftles of the futu~ and will provide a significant "livable communities'.' payback. 1nd88d. this &tro~9 commitment to transit alternative. deserve. to be Incorporated into the Pmject Objel:tive. not on pag.1-2. porhaps tho warda '1ransll-fnondlY community" could be Incorp~rated In some form into the bullet about th!t local circulation systllm. Recent Information developed by RT A Indicates the federal government has set aside funds towards estsbllahment of B full..feature Temecula Transit Center. Ms Palatino. the RTA Director of Planning Is now working with Temec-ula Planning 5taff to datermlns the best &ite for thisitranslt cantor. The consensus, 80 far, I' for a Center location some- where GlOBe tQ t~e Intsr&tate 15 corridor and at or naar any proposed commuter or hlgh- speed rail station. However. since the station may be too far in th.e Mure to be located with certainty, a~ Inwrlm site. should be solected as part of the General ~lan proCHI. Identification of ihe Transit Canter sne would be a distinct "enefit to planners, develop- ars and the overall community mobility. Whan the Canler location 10 datormlnsd and II publishing scheClul.. porml~ tho slle should bo doscribed snd mepped In the final O'tnoral Plan do~ument&. Also, at this oPPbrtunlty, RTA staff wants to commend the City of Temeculals. elected and lll'polnted offici." and their supporting otaff for their 9....,;ng coop8nIlion with the tran- oil agoncy ovar Utel.stsevoral yaars. Tomecull; W8ll one of the fin.. of the 15lurisdlc- tlons In Western! Riverside County to partner wilh RTA on routine development review for transit amenitieS: and was one of the flnt ~o begin Incorporating ~e agency's Design Guidelines for T~nsit-Friendly Development Inlo the .plannlngprocess. In summary, RTAslrongly supports the Dratt EIR and ancouragestha City of Temeculato go fo.ward with.adopllon and Implementation of the Geno",t Plan for 2025. INITIAL REVIEW INFORMATION . Review completed date: January 12, 2005. Documents recei~ed at RTA; December 20,2004; Reply-by Date: J.nuary.30, 2005; City Counc;l Agerid. Oate: Unknown at present or N/A: Thomas GUide Map page grid: Not applicable: F:\data\PlannlngIMlkeMIWO!ti'CeY R....iwATemllClJta\200SIDralleJR. Gen1 Plan.doc 4-.'l. (,Nt'. +-3 4-.,. 8-19 CITY OF TEMECULA ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft ElR Case Numbers: $tate Clearinghouse Number Is unknown; Contact Planne,,' Principal Planner David Hogan. (951) 694.6477; Applicant: City of Temecula, CA Applicanfs Cons~ltant: Cotton E1rtdges Associates; of Pasadena CA RTA PlANNING FOLLOW.UP: Standard ~Acceptable.IMtElr to JurisdIction without comments -fJ.. StandaA1 ~Acceptablelf Ilittter to jurisdiction With compliments or positive advisories Letter with advi50rles re transit Iss~ LaUer .enl: Dale: rlitfpf' I SECOND REVIEyV: Review materials placed in archIve files: Date: ~~ F;1data\Pl3rmlng\MikeM\Word\l)ev RoWlWITllIt\OClJ;l\2005\DrtifSR. Gen'l PIlln,doQ ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE 8-20 CITY OF TEMECULA Responses to Comments on the Draft fiR 4. Michael McCoy, Senior Planner, Riverside Transit Agency. January 12, 2004. Response 4-1 This comment provides an introduction to the Riverside Transit Agency's (RTA) comments on the General Plan Update Draft EIR. Response 4-2 The opinions stated are acknowledged. The comment commends transportation mitIgation measures T-3, T-5, and T-ll and air quality mitigation measures AQ-7, AQ-8, AQ-14, and AQ-17, the Roadway Plan, the SCAG Growth Visioning Principles on pages 5.9-20 and 5.9-21 of the Draft EIR, the Land Use Policy Map, the description of RT A services on page 5.13-2 of the Draft EIR, and the existing traffic conditions on page 5-13.18 of the Draft EIR. The comment does not present new information or raise any specific environmental question or issue. No response is required. Response 4-3 The opinion stated is acknowledged. The comment addresses the General Plan Vision and Draft EIR Project Objectives, as well as the desirability of identifying the Transit Center site in the final General Plan document. When the site is determined, appropriate changes will be made to the General Plan. The comment does not raise any environmental issue associated with the Draft EIR. Response 4-4 The comment is noted. This comment provides a closing statement to RTA's comments on the Draft EIR. The City recognizes RTA's support of the Draft General Plan. CITY OF TEMECULA 8-21 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft fiR ~CaIifornia Regional Water Quality Control Board \;;;: San Diego Region AIAD Co Uoyd; Pb,I). . 0vtI' so v..... Ser'1llI: Hao1llf&oo, Qrm:e.1I1d Ittrmldc: ComUlell Ikertlllr1ft1r 1kdplnJ.lotu..~I'DrlruIllM!llalA.WlIr41or~A~llltTtzua,ftnmU3EJ>A. .._"" Prt1IzttiM 0174Sk1h.tCouIt,Suitllll1O,8uDicp.CaIiCam921234l4O AA)467.~2.1'U(158)$1I-6912 hllyJI"'W".WlIIMl(l:lt4t.m.SO"1Nndl~ 8 ArmkI Seb.-.rmIeI """"'~ l-&TTe.tl !:" l.nwiry 18. 2~5 1F.i"1 ,'.. ,^, " n In '" . il~IIC 1.;( II l'i U; ~ "" J ~ 4 Iii' IAN2nos ' n rep ~!Uer 0: ~ WPN: ~:~:~~~::~_:___ Mr. David Hogan. Principal ptanner Pll:I.nning Divi~ion City OfTemeouJa 43200 B",ines;, Pork Dic:e Temeculs., Ca:Ufomia 92590 De~ S~II2003061041 CITY OFTEI\lECIILA GENERAL PLAN UPDATE We appreciate the opportunity to comment on the DraftEnv1ronmental ,Tmpact RepOrt (EIR) for the City of Te....,oJ.', GeneratPlan Update. ThoCily', pmjcctcd growth rate makes this.8 cthical limt: for the City to include appropriate water quality and, waterShed protection prlnlOpJ.. and policies in ilS General Plan. M. <fucussed on page 5.8,5.of lite S.' report, cQIlStroction of new housing unib and coIDIIlC!Cia;l and industrl1tl: projects will incease the amount of impervious sllIfaces throughout the Ptamling Area, ~u1ting in Il potenti.1 chang;.. to local strelllll hydrology. In addition to lite potential auisan<:e flooding hnpact describCd in the draft EIR~ these changes to ~ hydrology could result jn adverse impactS to water quality and the beneficial uses of water in the Santa Margarita Rivet' Watershed, The quality'OHutfacc,and EfOURliwal:er in the.watenhcd.Qepcnds on ~arious factors including the iritera>;t1on of diffCIent physical and biological processes. eacb of which is Strongly influenced by the degree of imperyiOllS cover present in the wlllershed. In many CB5C8, changc& in hydrology can have miJI'e significant impacts on receiving waters than those attributa~ to the contaminants found in storm water discharges, t These hydrologically felated impacts include stream bank erosion, benthic habitat degradation. and cte.;:reased ~versity of macroinvertebrntes. By limiting the :discuss.ion of impncts from iTlcreusOO impervious surfaces to potential ('. S flooding witho~t including the water quality, the druft EIR overlooks the benefits of a low~ S"'l. I UllitedSllItuEfA. !999.f'llrlU 4UC!lRParu:9, 122, 123, and 124, Naliol1llIPolluUlJUDischargc Elimhlation Syslem- Regulations for Revision oftbe Watet Po1Julion Corrtrol Program Allciresslng Storm Warcr Dischargclilj:Final Rula Federal Register. Washington D,C. .Colifomia Em.ironmental PrtJttt:hOIl Agency ~fWler ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-22 Responses to Comments on the Draft ElR Mr. David Hog.n SClU.2003061041 -2- January 18, 2005 S".'J (,OWT, r-1' CITY OF TEMECULA impact development approach to stonnwatcr management. Instoad, the draft ElR focw:cs on B conventi~Dal stormwater approach requiring new deveJopment projects to ensure that adequate flood control eapacily is available by providing on-site drainage and paying fees for expansion ~f the storm drain system. In contrast lD conventional stonnwater management approach. the low-impact development approilt'h is 10 IIWnage runoff at the source In dJscri,te units throughout the site to emulate tho predevelopmcnt hydrologic regime. Low-impact development technology utilizes onaite management praCtices including bi.,,;tention facilities, dry wells, filter or buff... strips and otboc multifunctionlll ","d$elipe."""'!l swales, bioretention swales, and wet awalca.. pon of development deslgn. In oOOpting Order No. R9-2Q04.001 (the MS4 waste discharge requirements). tite SDRWQCB ..;knowIedged tho importance oflocalgeneral plans.. part of a comprehensiVe municIpal atonn walM program. Specifically. Provision P.t requires the City to includc:water quality and watershed protection principles in its General Plan that will direct 1im.d~use decisions and ri:quite implementation of consistent water quality protection me~ures for development projects. This Provision is cOl1Bistent with Govomment COde Section 65302(d) that identjfies the "prevention and control of me pollution of s~ and othe.r waters" and the; "protection of watersheds" as items to consider as parr of the General Plan's conservation element. Examples of th& principles and policies listed in Provision P.I that are consistent with a low-impact development appioach and should be CtJIl.idered by tbe City include: .. MinimJt.o the amount of lltlpelVlous surfaces and directly conne<:tM lmpo!vlous surfllCOli In areas of development and, where feasible, slow mooff and lOaXimizc on. site infi~tration of runoff. b. Impl~[ pollutlon prevention tncthod! supplcmcnttd by source control and trca~ control BMPs. Use small collection strategies locm:ed at, or as close as . pOssl51~Th;lhe sliiii'Cc\f.e.,.the point WM walcrlnltiallymeelS the ground) to minimiic tho tIm1Sport of um.an runoff and pnflullln'" offsne and into an MM. c. PreservC, and where possiblo, create or restore llteIlll tbat provide important Waler qualily benefit.s, such.. riparian con:ldors, wetlands, and buffer 1.0004. Encoull\ge land ac<jui&itiou of such llteIlll. . d. Ltmlt ~turbancca of oatlltill water bodies and os\w1l1 drainage system. caused by developincnt irn;luding roads, highways, and bridges. e. Prior 10 ,"liking land use decision" utlllze methods available to estimate incre.... in pollulaIil.1oads and flowa resulting from projocted future development. Requite inco~tion of appropriate BMPs to mitigate the projected increases in pollutant loads and flows. Cdifomia Environmental Protection Agen" ~pfJ(m 8-23 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft ElR Mr. David Hogan SCH# 2003061041 - 3- January 18, 2005 f. Avoid development of areas that ore plllticulady susceptible to erosion and sediment Ios.; or establish development guidance that identifia these "".. and proleclB them from erosion and sediment loss. g. Reducti pollutants associated wllh vehicles and Increasing traffic resulting from t1eveIOJ!ment. h. Po5t-dcivClopment runoff from a sire shall not contain pollutant loads that cause or contrit,j.ne to an exceedance of receiving water quality objectives and which have not' ~ reduced to ill; MEP. . .-. - . .. ,. .- -" We urge the qty to review the above example' of wall:r quality andwttershed principles and policies and to include in the General Plan and/or list as mitigation measure(.) In the Hydrology andw.ter Quality section of the EIR tho.. actions that are appltcabhl in the City ofTemecu", We noted that the mitigation measures listed for Biological Resource$ already contal" some elements of a low,impact development approach. Por example, the City will requite the e&tabJisl1ment of open space areas that eontain significant wateIcouracs. Wildlife C(Inidon, and M.bitats for rare or endangered plant and animal species (MUi,p'Uon Measure B-2) and require appropriate teSOllTCCprot.ection measures to be prepored in conjunction with spe<ific plmis and subsequent development ptopo8a\8 (Mitigation Mciastni: B-3). Mitigation ~l.Ire B-10 contains a key,statement related to water quality protection. It states "ProposM developments in proximity to MSHCP conservation &rea$ shall inoorpornte ~ures. including mess""" required through the Natiooal Pollutant Discharge Elin\imltion S~em (NPDES) requ.irement! to ensure that the quantity and quality of runoff discharged is not altered jn an- adverse way when comp.wed lo cAlt.lling conditions." We recommend that this statement be modified as follows: "Propo5ed 4evelopmenIB in 1'f8lciMi~ te 1'I€HCP e&ftservatien areas. within the Dlannimi arta of the Citv of Tem.ecula shall incorporate measures, including measures required bv'the CilV D1It!l1lanttn ~e National Pollutant Discharge Elimination. S)'1llem (NPDES) Permit No. CAS0108766, lOlfdUemeftlo to ensute that the quantity and quality Of runoff discharged <loa not cause or contribute to the vlolalion of water anality standards (desilltUlted beneficial U.~5 and water anality obiectiVCl!. nN'''''/;lsarv to orotect th~ beneficial uses) and is not altered in an adverse way when compared to existing cOliditions." in conclusion, the report stJs~ on poge 5.8-6 that nil development proposals must prepare. Wau:r Quality Management Plan (WQMP), oullining how the project will minimize water quality impacts:during project operation. To be effective in reducing pollutants in urban CaUfomla EnvironmenW ProtecJi<m Age.C)I .,,,,,,.,,, 5-4t (.0"",, S'..~ S'-G:l s..., ENVIRONMENTAL IMPACT REPORT GENERAL PlAN UPDATE 8-24 CITY OF TEMECULA CITY OF TEMECUlA Mr. David Hogan SCHII200306104! Responses to Comments on the Draft ElR -4- January 18, 2005 nmoff to the ~a:<imum extenl proiCticable. these project specific WQMPs must address City tequimn~nts thOl are based upon BOUnd urban runoff management policies and principles and ~ commitment by the City to enforce these requirements in accordance with Order ND. R9'2004-IDt. Please can Mr ~Robert Morris at (858) 467-2962 Ore-mail'at bmoni,,@waterboardr;.CLIlOV if you have an~ questions regarding this matter. Respectfully, HN H. RO!\ERTUS Executive Offl~r RegiDnal Watei Quality CDnltDl Boan! JHR:mpm:rwni Californ.ia Environmentm Protection Age;,q 6''''''- I S~1 c.otIf , 8-25 ENVIRONMENTAlIMPA(T REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft ElR 5. John H. Robertus, Executive Officer, California Regional Water Quality Control Board, San Diego Region. January 18, 2005. Response 5-1 This comment provides an introduction to the San Diego Regional Water Quality Control Board's (SDRWQCB) comments on the Draft EIR. The comment stresses the importance of appropriate water quality and watershed protection principles and policies in the General Plan and reiterates the hydrology and water quality impacts described on page 5.8-5 of the Draft EIR. No response is required. Response 5-2 In response to the comment, under the "Surface Water" subheading on pages 5.8-5 and 5.8-6 of the Final EIR, a second paragraph has been added to the EIR as follows: The qualitv of surface and groundwater within the Planning Area deoends on various factors. including the interaction of different ohvsical and biological orocesses which can be influenced bv the degree of imoervious cover oresent. In manv cases. changes in hvdrologv can have more significant imoacts on receiving waters than those attributable to the contaminants found in storm water discharges. These hvdrologicallv related imoacts include stream bank erosion, benthic habitat degradation, and decreased diversitv of microinvertebrates. The revision does not affect any of the impact conclusions contained in the EIR. Response 5-3 The City acknowledges the comment regarding the benefits of a low-impact development approach to stormwater management. The City encourages development designs that manage runoff at the source through practices including bioretention facilities, dry wells, filter or buffer strips, and swales. Biological Resources mitigation measure B-l0 recommends the use of the low-impact development methods mentioned by the SDRWQCB with regard to proposed development in the Multi-Speices Habitat Conservation Plan conservation areas. The comment does not raise an environmental issue that results in a significant impact to hydrology or water quality. Therefore, no additional analysis or mitigation is required in the Final EIR. Response 5-4 The comment states that the City must incorporate into the General Plan the water quality and watershed protection principles identified in the SDRWQCB-adopted Municipal Separate Storm Sewer System (MS4) permit (Order No. R9-2004-001 ).. The purpose of this requirement is to ensure consistent implementation of the MS4 permit within the Planning Area since the City is a co- permittee of this permit. The SDRQCB MS4 permit (Order No. R9-2004-001) was adopted on July 14, 2004 for the Santa Margarita River (SMR) Watershed permittees in Riverside County. The SMR permittees include the cities of Temecula and Murrieta, the County of Riverside, and the Riverside County Flood Control and Water Conservation District. The new MS4 permit requires the City of Temecula to designate minimum Best Management Practices (BMPs) to specified facilities. These BMPs will focus on preventing non-stormwater discharges, and eliminating, controlling, and/or treating pollutants in stormwater runoff. ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8.26 Responses to Comments on the Draft fIR All new development projects and significant redevelopment projects (e.g., parking lot expansions, building expansions) will be subject to Standard Urban Stormwater Mitigation Plan (SUSMP) requirements. SUSMP requirements consist of structural source control and treatment control BMPs to be maintained by facility owners, operators, property managers, homeowners associations, etc. The City of Temecula continues to support environmental quality issues that are important to maintaining the quality of life and health of its residents. As a result, many of these issues are addressed in the General Plan. However, the list of suggested principles (items a through h) are not wrillen in General Plan-appropriate terminology and cannot be directly incorporated into the updated General Plan. However, the General Plan does incorporate equivalent policy direction in several elements, including the Land Use and the Open Space/Conservation Elements. Open Space and Conservation Element Policies 2.2, 2.5, 2.6, 2.7, 2.8, 2.9 and 3.7, as well as Implementation Measures 05-5, 05-6, 05-11, 05-14, and 05-34, address these principles. Land Use Element Policies 6.2 and 6.3, as well as Implementation Measure LU-20, appropriately addresses these issues. As stated in the Open Space/Conservation Element of the Draft General Plan, the City requires the use of BMPs consistent with NPDES permit requirements. The Draft General Plan fully addresses the new MS4 permit and Provision F.1 in the updated Open Space/Conservation Element through incorporation of the following goals, policies, and implementation programs: 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 features and resources of the local creeks and riparian forest of the Santa Margarita River. Policy 2.5 Require the use of soil management techniques to reduce erosion, eliminate off-site sedimentation, and prevent other soil-related problems that may adversely affect waterways in the community. Policy 2.6 Regulate and manage lands adjacent to or affecting watercourses as stipulated by the Regional Water Resources Control Board. Policy 2.7 Ensure that approved projects have filed a Notice of Intent and Stormwater Pollution Prevention Plan in accordance with the Federal Clean Water Act, prior to issuance of grading permits. Policy 2.8 Ensure adequate inspection and enforcement of the requirements of general construction permits, particularly related to erosion control during grading and construction. 8-27 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA Responses to Comments on the Draft fiR Implementation Program 05-5 Require all development projects to implement best management practices. Work with the San Diego Regional Water Quality Board and other State and federal agencies to identify other opportunities and techniques for maintaining or improving water quality. Implementation Program 05-6 Review individual development projects to ensure that adequate stormwater detention or treatment methods are provided to accommodate surface water runoff generated by the project, and where needed, incorporate detention of stormwater run-off at the point of origin. Additionally, this EIR requires the execution and monitoring of General Plan implementation program OS-6 through mitigation measures in the Hydrology and Water Quality section. The City will comply with implementation of the new MS4 permit and any other NPDE5 permit. Response 5-5 The mitigation measures in the Hydrology and Water Quality section of this EIR and the Draft General Plan goals, policies, and implementation programs referenced in Response 5-4 adequately address the MS4 wastewater discharge requirements. Response 5-6 In response to this comment, the following mitigation measure, HW-7, was added to Section 5.8 Hydrology and Water Quality on page 5.8-7 of the Final EIR. This measure is not required to address any new impact; rather, the measure clarifies existing policies and options for compliance with NPDE5 requirements. HW-7 Proposed develooments shall incoroorate measures. including measures required bv the Citv oursuant to the National Pollutant Discharge Elimination Svstem (NPDES) Permit. to ensure that the quantitv and qualitv of runoff discharge does not cause or contribute to the violation of water qualitv standards. Measures shall be required to avoid discharge of untreated surface runoff from develooed and oaved areas. Stormwater svstems shall be designed to orevent the release of toxins. chemicals. oetroleum oroducts. exotic olant materials. or other elements. This can be accomolished using a varietv of methods including natural detention basins. grass swales. or mechanical trapoing or treatment devices. Regular maintenance shall occur to ensure effective ooerations of runoff control svstems (General Plan Imolementation Program 05-5). With regard to removing references to the MSHCP, the City continues to actively support the MSHCP process and does not believe that removing references to MSHCP is appropriate. Response 5-7 The comment is noted. The significance of impacts to hydrology and water quality resulting from specific future development projects will be determined on a project-by-project basis. If project- level impacts are identified, specific mitigation measures will be required per CEQA. The City recommends that Water Quality Management Plans from new development proposals address City requirements for urban runoff policies and principles. The City is committed to enforcing these requirements in accordance with the MS4 waste discharge requirements (Order No. R9-2004-00l). ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CfTY OF TEMECULA 8-28 ~"imlflJIJlrer.TOI'f PMitknt RMd}' A JUconJ Vi~P,V!ddllll Dnid.l.!iI;r.wllI.ln ~ich\1ldR.ll~11 R~r D. ~icm. iti;i'-kfW:-!Ulli~;iQ B4UtI,'r<r>'rd._y Rllselll_tlc V. tMwcll t;)tt1ffl1fM.uJq", .o\rnoonyJ.l'lst:k DInt..1vrv{dUI lrIarnplJ/ilrln "',liter bbrri(1iJ/S~CtJlij. Rlnd)'^.I\~ofd n-a.Il'~ .kMph J. "-"\;\11\:1", ('L'A IAgIIICvlRu.i:/ Rei.....i,,"'j1I....ShI'l"tiU Responses to Comments on the Draft fIR (;,., .. .....'..'..8 .1 ..; I". 1 """ ".\" , : ' ' :~,,:, ~ ;i'" JAN 3 1 2005 :"! : j " t': :-. ~; . . ,., iJc , ,.,.... \--- ~ JM.lUlIry 25, 2005 Mr: Davld Hogan. Principal Planner Crti'd Temecula 43200 Buslnes8 Park Drive . ~~la,_CA 92590 RE: Draft En.lm_llmpact Report (DEIR) City of Tomecula General Plan Update Dear Mr. Hogan; E..8tom Municipal Water District (EMWO) appreciates the opportunny to review the, Draft Envlronmente! Impat;t Report tor lhe City of Tem.cula's General Plan Update. EMWD off.... the following commonts. ~1l.~ Paae !t1+2. Tabl& 6.14-2.. EMWD Cumtnt and Protected Wlter SUDDII88 1lI<t FuIIlre (2020) Purchased Water figure of 1 1 ,0121s Incolrect The correct fig~", i. 110,012. . Page g.14-4 Wallowaler EnVIronmental Settlna The correct t&rm tor emuen! pump.d from !he T.meeuls facility Is recyeJed water. Th<i !hinl"l1lelIc,"of !hIS palagreph should be revised 10 ",ed, .'8OC8l1S8the Temecula facility 18th. amellest of EMWO'811va reclamation ptanlS, tome rec:ycled wablr Is pumped from the T.mecul. recility tan mil.. north to a 4;;0- m1l1ion-gallon slorlllJe facility In W1nc:l1ester". Thank you forth. opp_nlty to ",view the DEIR. Pleas. fOlWllld Gny subsequent documents ~ilrding J!1e prOject Ie my attentJOI1 at !he mailing add",.s below. Thank you. Slnce"'ly, . /falbO' J/~ Karen Hackett EMlronmental Compliance Analys1 ,j; ~ 1"IlO,~QlNUR<ll_, r ~""'-lDI",," Mailing A{Jdre.~,~': PU91 Ol1icc RClX 83011 Pl;1Till, CA 91572-8300 Telephone; (!lSl) 928-37n Fmt: {951l 928-6177 J.ncaiuJlI: 2270 TI1l11Thle Road Perris, C^ 92570 internet: \\'Ww.e.lllwd,org CITY OF TEMECULA "-I '-2. ,..,3 ,...4\' 8.29 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft fiR 6. Karen Hackett, Environmental Compliance Analyst, Eastern Municipal Water District. January 25, 2005. Response 6-1 This comment provides an introduction to the Eastern Municipal Water District's (EMWD) comments on the Draft EIR. Response 6-2 In response to the comment, the typographical error in Table 5.14-2 on page 5.14-2 of the Final EIR has been revised to read as follows: Table 5.14-2 Eastern Municipal Water District Current and Projected Water Supplies (Acre-Feet per Year) Source Purchased Water Groundwater Transfers Recvcled Water Desalination Total Source: Present (2000) Future (2020) 67,390 11Q,012 17218 17280 N/ A 4,500 25,000 39,000 N/ A 12,000 109,608 182,792 Eastern Municipal Water District, 2000 Urban Water Management Plan. The revision does not affect any of the impact conclusions contained in the EIR. Response 6-3 In response to the comment, the following sentence from the "Wastewater Environmental Selling" subheading on pages 5.14-4 and 5.14-5 of the Final EIR has been revised: Because the T emecula facility is the smallest of EMWD's five reclamation plants, some waste recvcled water is pumped from the T emecula facility ten miles north to a 450-million-gallon storage facility in Winchester. The revision does not affect any of the impact conclusions contained in the EIR. Response 6-4 Prior correspondence with EMWD requires clarifications and revisions to be incorporated into the Final EIR since distribution of the Draft EIR precluded the incorporation of the changes. In an email communication dated December 17, 2004, Mr. Jeff Wall, Senior Civil Engineer, from EMWD stated that the ultimate planned expansion of 54 mgd of the Temecula Valley Regional Water Reclamation Facility was incorrect and from an outdated report. Additionally, Mr. Wall stated that the most recent EMWD study indicates EMWD only needs 35 mgd of treatment capacity for the T emecula ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-30 Responses to Comments on the Draft EfR service area. EMWD's projections are based upon its observed and measured generation factors. The recalculation of the projected wastewater generation using the EMWD standard of 2,000 gallons per day per acre for commercial development and the correct acreage of 831 acres results in a projection of 36 mgd of wastewater generation within the Planning Area, or a projected flow in excess of planned treatment capacity, as EMWD plans a 35 mgd expansion. Given that future demand is based upon a very long-term buildout horizon, the 1 mgd difference is not considered significant, although additional mitigation is included in the EIR to provide for continued monitoring and potentially an update of EMWD's master plan to reflect Temecula's projections. The following 'Wastewater" section from the Final EIR on pages 5.14-5 and 5.14-6 is provided below to document the clarifications and revisions as a result of the correspondence with EMWD. Environmental Impact Implementation of the General Plan will result in up to 77,504 net new residents, 25,005 net new dwelling units, and 36.2 million net new square feet of non-residential construction over the 20-year horizon of the General Plan within the Planning Area. The increase in population and development will require additional wastewater treatment capabilities. EMWD uses generation factors of 300 gallons per day per person for residential development and 3-1.000 gallons per day per acre of commercial development to estimate sewage generation. Residential development will be the major generator of wastewater, with a maximum additional population of 77,504 persons generating an additional 23.2 mgd. New commercial projects within the Planning Area constructed pursuant to the General Plan will result in development of up to an additional ~831 acres and will generate approximately ~L.Z mgd. Combined with existing wastewater generation within the Planning Area (11.1 mgd), future wastewater generation under the proposed General Plan will be approximately ~36 mgd. TRe ultimate planned e"pansion of EM'ND's Temecula Valley Regional '.'later Reclamation Facility is projected provide a capacity of 51 mgdH EMWD's most recent studv calculates a future treatment caDacitv of 35 mgd for the Temecula Vallev Regional Water Reclamation Facilitv service area." Estimated future wastewater treatment demand required to support the project is witAift 1 mgd greater than the e"isting proiected capacity of District facilities currently serving Temecula,..-aOO represents roughly 69 percent of the eapaciti of tRe planned €)(pansion of tRe T emecula Valley Regional Water Reclamation Facility. Given that future demand is based upon a very long-term buildout horizon, the 1 mgd difference is not considered significant, although additional mitigation is included in the EIR to provide for continued monitoring and potentially an update of EMWD's master plan to reflect T emecula' s projections. Mitigation Measures Impact will be less tRan significant, and no mitigation is required. USS-5 The City shall assist the Eastern Municipal Water District in the process of updating its water master plan for projecting wastewater service to be responsive to the population and housing unit capacities established by the General Plan (General Plan Implementation Program GM-8). level of Impact after Mitigation Impact is less than significant. CITY OF TEMECULA 8-31 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft ElR -H EasterA ,\1l:lAidJ3al \Vater DistriEt. TemeEI:J.'a Va,','e} Reg;aFla,/~1'atE. Rec.'amat:sFI.rac.:,':t.,. Laeate8 at hUB: 1,\.v.'\\,ERl\\d.org{AE\',,;/IRSi!i!:Ats {insights temecula.l3df. ~18'. effiBer S, 2001. 14 Wall, leff Senior Civil Engineer. Eastern Municioal Water District. Email Communication. December 17, 2004. Sections 1.0 Executive Summary and 10.0 References have been updated to reflect the changes described above. ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-32 Responses to Comments on the Draft fIR IJ MWO METROPOliTAN WATER OISmlCT 0/ SiJIITHERN CAliFORNIA .q JAil 8 I 2005 ExecuttveOf{;;e January 26..2005 . Mr. David Hogan,: Principal PIlll\JJer City of'Ieme<ula. 43200 Busine" Park Drive Tt:me\~w-a, CJ.. 92590 L.e. TTe2. . 7 Dear Mr. Hogan: Draft Environmental Imoact Renort for the City of Ternecllta General Plan (Iodate The Metropolitan Water District of Southern California (Meiropolitao,) ha. reviowW a copy of the Draft Eovironmental Imp"'" Report (Draft ETR) for the City ofTemecula General Plan IJpdate. The City ofTemc:t.1da (City).. as the Califumia Environmental Qualily Act lead agency. prlJpos~ (0 adopt and implement the City's GenerdJ. Plan Update. The updated GcGcral Plan will addnJs!' the seven State-mand&ted general plan clemenls (Iund use, houalfl1!, ci),\lllation, safety. open space. .,- t conservation, W'Jd. .r7.oise), as well as ~r issues tlwt are lmt)OrtlmL to the community. including growth management, economic development. air qunlity. ~ community design. The HOWling Element was tecen.tly updated in 2002, Wld thus is not being comprehensively updated as part of lhi:i project. 11lc updated General Plan, csta~Iishes an overall. .development capacity for -the City and surrounding areas, and serves as a policy guide for determining physical development and character through the year 2025. This letter (;On1ainB Metropolitan's-respons~ to the InitiuJ Study and NOP.a, both a:potentialty affcCled agency and responsible agency. Metropolitan staff\ll1s reviewed the Draft ErR and determined that Our existing San Diego P;~H"e noo I, 2, ~>~. and 5 n.eed to he c~ssi1i~ ,IS ?uhJic lD~itn1io.lJ~1 F..w;-iliJies (p.n on J1igl.U:'C 3.2. Addilionally~ Metropolitan's facilitit..'S arc withiD both pemwlllmt easement and tOO-(lwned property within the:botmdaries of the General Plan Updato area and Mettopolitan also owns pT(lperty to tha west ofLake Skinner, a portion.of which is located outaide of the eity limits, but 7.1- wiOrin the Planning Area for this document. This property is part of the OpcrutiOD!i ollr~a for Lake Skinner and serves 10 accommodate releases from Lake Skinner. Metropolitan requesls that the ElR note that neither private nor publicdevelopcrs have any entitlements to buiJd Over Qur fee- owned rights-of-way or properties and there arc limited.allowances on our JX,.'l1t1anent castments for private OT public improvements. If the City docsnot:feel that the:: Piland use designation is appropriate, Menopolitanrcquests UmI. our facilities and -property be given a Jand tl'lC designation similar to the City'~ public fUL-ilities -,_ , (e.g., roadways). This lan\l use designation should sat forth that development in and around ~ M~polhan'g facilities shall be eO.D.sistent with the express use of our pipelines as public 700 N; AlllJT1eda Stree~ LosArge~s, C~~rrla ocxn2 -Mailing Addi1:8$; Elo.x 54163, Los Angeles, CaJbmia 90(}54;.()153 <II Telephone (213) 217-6000 CiTY OF TEMECULA 8-33 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft ElR THe METROPOL"AN WATER Q!S1'J!HCTOF.SOUTHI!1WCALIFORNfA Mr. David Hogan,; Principal Planner Page 2 . January 26, 2005 : facilities. MetropOlitan requests this designation bosed on the land uses shown on Figure 3-2 of the DraftElR, which indicates "Open Space" across Metropolitan's San Diego Pipeline Nos. I through S in nwuefoUS locations. In addition, Figure 3-2 aI.o identifies Metropolitan's property west of lake Skin~er as Open Space. These.landS! are not intended for opelfspace,use nor should they be inlplied ..such. Metropolitan reqllire.s unobstructed access to our pipelines and property for routine and en1iorgODCY main_e and operations, and !he possible iJistalJ.tion of additional pipelines and aboVil-ground facititieslncluding but not limited to water treatmenl faeiUties, therefore, any desig.ation o!ber then "Publio Facilities" Is in"""urllle. We 8pprt<;illle1lR: b~ide input to yollfplailiiiiigpf5Ces. atid"welooK forward to. . receiving fub.we enWonmantaI documentation, including a copy of!be Final ErR, for this project. . lfwccan he offi1nher assistance, pi..... conlllct Mr. John Vrsslovich at (213) 2t7-6066. Very truly yours. : l~~JG,~ LauraJ. Si~on~ i Manager, Enviro~ental Planning Team '-3 cOloJ't , LIMlrdl (Publw F9Idm1Jll'UfLdtcn(lSoJAN.05A.doc - David: HQgun) ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-34 Responses to Comments on the Draft EfR 7. Laura J. Simonek, Manager, Environmental Planning Team, Metropolitan Water District of Southern California. January 26, 2005. Response 7-1 This comment provides an introduction to the Metropolitan Water District of Southern California's (MWD) comments on the Draft EIR. Response 7-2 The commenter's opinion is acknowledged. The comment addresses areas of MWD pipeline on the Proposed Land Use Policy Map in the Draft EIR, requests changes to the map, and notes changes within the EIR regarding future use of Metropolitan's permanent easements. This comment does not raise or address any specific environmental issue raised within the EIR. Concerns regarding the Proposed General Plan Land Use Policy Map and other technical changes to the General Plan will be considered by the City. The designation of property on the General Plan Land Use Policy Map does not affect the ownership of property. The City of T emecula recognizes that property owned by the Metropolitan Water District cannot be used without the approval of MWD. Response 7-3 The commenter's opinion is acknowledged. The comment addresses areas of MWD facilities on the Proposed Land Use Policy Map in the Draft EIR and requests a change to the Open Space designation for MWD property to Public Facilities. This comment does not raise address any specific environmental issue raised within the EIR. Concerns regarding the Proposed General Plan Land Use Policy Map will be considered by the City. Desired changes to the map should be expressed to the Planning Commission and the City Council at the public hearings scheduled for adoption of the General Plan. The designation of property on the General Plan Land Use Policy Map does not affect the ownership of property. The City of T emecula recognizes that property owned by the Metropolitan Water District cannot be used without the approval of MWD. CITY OF TEMECULA 8-35 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft ElR rffilH1l ~ OW ~rm ill] JAN J8 1005 W By United States Department of the Interior BUREAU OFLAND MANAGEMENT FaJ.:ra Spriugs-smuh Coasl Reld Ot'lic:c 690 Weill Gamel A~ue P.O, Box 581260 NOIthPliro SpDnBll,CA 922S8-1260 (16(1):251-4800 Pn (760)251-4899 V,.,"", ""''''1..".",,, t..eTT'eIL 8' www.t:il_blm.8~lmspriJ'l&J - 1610 JAN~r2li1l5 (CA.~6Q,03) Mr. David Hogan Principle Planner CityofTemecula 43200 Busines!l Park Drive Temecula, Ca1ifomi~ 92592 Dear Mr. Hogan: . . I 'Thank )lou'for scnd1rig !.he Bureau of .LInd Management (BLM) a. cnpy of the Draft: EnvironmenLal Impact Report for th~ City of Terneculn Genera.! Plan Update Project. The ELM would like to offer the following commc:nts ~n this document.. . f-I This dr.n ElR indicate, that public lands Iruttlaged by thellLM "'" iucluded within !be projecl planning area (Sp~ of Influence BOUllcUrY). However. the document.makes little QX no :mention of these lands, or possi~e irnpactf: t.o the resources on these public landS. The- only reference: to BlM lands is under 3.0 Prdjcct Description, Page 3~], Regional Selling, ibe Cit)' is bordered. by the unincorporated De. L1iz area to the we~, ... and the Pechanga Indian Reservation, Bun:au orland Management lands, aP,d unincorporated portions of San Diego County (o the 50uth." The BLM lands, though not identified) are shown in va.rious maps, such as Figure 3-2, Proposed Land Use POlicy.Map. as "Open Space." <<-1,. Two fiLM managed pan:cl. Me located within the project boundary, parcel # 219-291, approximately 911 acres, and parn:! #218-231, approximately 300 acrea. Parcel # 21B-231 i. a1.0 within theSlIltta Marg81ita River Ecolqgica1 Reserve and Area Qf Critical Environmental Conce.m (ACEC). These public Imds are rnan.agro under the BLM's South Coast R~source Mllllagemeot Plan (RMP), adopted in L994. and are c~msidered core habitat onder the Western Riverside County Multiple Species Habilal Conservation Plan rMsHCP). Some of the resource condition objectives for these lands under the . South Cum;.l kMP ~!to emphasize protcclkm and enhancement of sensitive species habitats and open .space values, provide iecreation opportunities which are compatible with .l:ensi~vc species management objecti v~; and protect Native Amoricm values and cultW'a1 resoUJl:eS. In addJtiun, lands ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE 8-36 g-3 CITY OF TEMECULA Responses to Comments on the Draft ElR within the Santa Mqarita. ACEC (parcel # 218-231) arc: unavailable for mineral malarial sales and livestock grazil1,g, ate a right-of-way avoidam::e ar~a, amI arc cIoscd.lo motorized. vehicle use_ The B1M WQuld lik~ to see thl?; EIR include a brief description, such liB abovc; of the public lands within 'the plllJming ~ca. and identify theDLM lands in the appropriate land use maps. Since public lands contain a vari~ty of important TeIl()UP;:es. impacts _to these resources could be discussed in the sections un Aesthetits, Biological ReS(.1Urces, Cultord.l ResoutCe6, and PubIicServiceslRecreati01l. Cumulative and long-1CJnl effects to thoso resotirces from increased population and utbaniztrtion could also be discussed. Some eX""Ples of pO""'tial imp""" might include ooIllCStic cats and dogs which may stray onto pubIi~ lands. and.kin bitd and reptile species resulting in "habitat sinks", night lighting of natural area., whith upsets the diurnal paUcm of species, and unconlrolled off-higbway vehicle use from new residents 4ding On adjacent puhlic hmd's.. Another Cf.>nCC'ln, ICSulting from recent wildtuCs. is tbe potential construction by new homeowners of fire breaks on public hmw; instead of clearlp:g vegelaliort lIn lheir pi!vate property. .. .... .--. .. The B1M enconrngcs COInmWlity pl~g for recreation I.1seli on public lands such as hiking, horseback riding, nature study and other activities compatible wlththe Western Riverside County MSHCP. Our office~would welcome the opportunity to work with the City of TemecuIa to establish a cooperative rccrcatioi'J and natural resource managemenL strategy to maximize the benefils of living . neaf:nmutal areas, prptoot natural resources, and minimize Uncats ~o life and property from wildfires. We apprecii". the oPJ><munity to comment on this EIR Il1\d General PIIl1\ Update. If you would like more information on BlM maIiaged public lands. our land U$C management plan. or t~e resources (In these lands, please cOntact Greg Hill, Planning and Environmental Coordinator at (760) 251-4840. Smcetely. rr~ Gail Acheson Field Manager &-~ c..sN\ . 8'-~ r- 8- S" CITY Of TEMECULA 8.37 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft EIR 8. Gail Acheson, Field Manager, Bureau of Land Management, Palm Springs - South Coast Field Office. January 27, 2005. Response 8-1 This comment provides an introduction to the Bureau of Land Management's (BLM) comments on the Draft ElK Response 8-2 This comment requests changes to the Proposed Land Use Policy Map of the General Plan Update but does not raise any environmental issue associated with the Draft ElK The BLM-recommended change to the General Plan Land Use Policy Map will be considered by the City for inclusion in the Final General Plan. Please refer to Response 8-3 regarding the clarifications to public lands managed by the BLM. Response 8-3 In response to comments 8-2, 8-3, and 8-4, the following clarification has been added to the Project Description in the Final EIR on page 3-1: Two BLM managed parcels are located within the proiect boundarv. parcel #219-291. approximatelv 911 acres, and parcel #218-231. which total approximatelv 300 acres. Parcel #218-231 is also within the Santa Margarita River Ecological Reserve and Area of Critical Environmental Concern (ACEC). These public lands are managed under the BLM's South Coast Resource Management Plan (RMP1. adopted in 1994. and are considered core habitat under the Western Riverside Countv Multiple Species Habitat Conservation Plan f MSHCP1. Some of the resource condition obiectives for these lands under the South Coast RMP are to emphasize protection and enhancement of sensitive species habitats and open space values. provide recreation opportunities which are compatible with sensitive species management obiectives. and protect Native American values and cultural resources. In addition. lands within the Santa Margarita ACEC (parcel # 218-231\ are unavailable for mineral material sales and livestock grazing. are a right-of-wav avoidance area. and are closed to motorized vehicle use. Response 8-4 Refer to Response 8-3 for a description of BLM lands within the Planning Area and to Response 8-2 addressing the request for identification of BLM land on the Proposed Land Use Policy Map. The proposed General Plan Update does not propose development on BLM lands. As this is a first- tier Program EIR, CEQA analysis regarding impacts to BLM land is beyond the scope of the current analysis. Impacts associated with individual development projects will be assessed on a project-by- project basis in accordance with CEQA provisions. Further, such development would likely require compliance with the National Environmental Policy Act (NEPA). Response 8-5 The comment is noted. The comment does not address the content of the EIR. No response is required. ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-38 Responses to Comments on the Draft fIR WAIUlEl<Il. WILLlAMS """"""'~I"~ @ ''''$ MAltKIrr STP.IlJ!T IUVElWDIl. OIL tl$OI !/$1.9!5.UOO 9$1. ~'.PK5FJI)( RIVERSIDE COUN1Y FLOOD CONTROL AND WATER CONSERVATION DISTRICT f..ull)' l1.2005 t..e.\l a '1 PAn>> TBlS D~TE TO 1J51.694.6411 Mr. David Hopli, Principal PIaIm.. City ofTeDlllOlll. , Post Office Box 9033 r.mocula. CA 92~8?-90ll ow Mr, HOgllD' Ro: . Nod.. .fCompletion/Avallabilily of. DnflllovirollllWltaJ Imp..' Roport fbr tho city ofT....oul. O..oral Plan Upda10 This leU<< is writteP. in mspome to the NQtIee of CompletionlAvaildlillty 0' a Draft BuviuIIUDonta11mpaot Report (D!l1R) for d1. Cily of T.......la 00n0Iat Plan Updm 11>< propoood JUqJ..t_ oftbc adoption and imp\emonlaliou of the Cily of t......1a 0_ Plan update. Th. O..oral Plan u...... ><ld"",. fIl. seven State mmlb.ti:d general plan olttmeDtI (l8J1d use. bousins. oiroulatioll., s&(My, open ap.ace. ocmservation. and iml/lCl)J U '\V~ as oth<< issues that arc impqrtant 10 "the colMl.unity, 1neJudinS srowtft m~t. ~DJZic devclop~tmt. air quality, a,ad oommunJty design.. Tho project plan4lng IJ'Oa erv::ompll~ approxlrnnteJy 62 squaro miles (j:9,iSIO acre!!) lUId eon"lst8 of propertiea <<Intained witbilt the City's corporate limits and S})here ot~q~cl:lln 5oudrwostom 'RIvorslde COum,y. The RiYlnide Colll\tY P100cl Control ..d W_ CanscmDo. DJllTiol h..1h. followin, comm..Woo,,,,,,,,, 1lI11 'hoUJd ""aJ!dfo$sod in the DElI\; . , Page>> 4-2 ar1ci ~.J4-6 - Refermeos IrQ mado ~oemll1S: the Dlst1Jot't JurisdicdorJ fit regitlcu flood control focilities, molu(liq m..j(lr ehann.ell and atonn drainl, Pap 5.14-6 intPneetly states that. the Dimlct "do<is 001 maInlaln Ilorm dralo IoJ... '" pip" 1... Ill.. 42 Inelll' in d_." For elariflOa1lon, the District does not mainJain, and in m.0It oases doea' not have jUrlsd1C'UOll over, IItOffT\ dnln in'''' or ptpos Ie&._ 36 inoll.. I. dIam_. 2. Fag" U-l. 'S.8-l. lllId l.14-7 - It Is _d t!lIIlhe otormw.ter i. t.m.,,,,I. I. "llOY.mod" by the Dislriol and that "all proposecl development pelli"" witIliD the PlanDing Affll ... IOvl6W&<I' by tho Diltrlat prior io Approval by tho city ofTomoeula "lUv",ia. Counly. L . . It should be ~Iaritieclln tht DBla thai; wbllo mongly lCQommended, the Di8triofs review of future development Within tbc ~te limits: ofme City ofTemecuJa is not a roquirtment for approval Io.d t"ondu.lOd it th'le<l.'" ofth. OIlY. Acldltio"llr.i. !bould be noted in th. DRIR filII Ill. Plonnlon Afflllo l0C4tOd _n lb. DIs1rIOl'IMuwll'ilMp Plan (MOP) lOr the Murrieta Crook """_ Wh.n lUlIy Impl.....ted. tit... MOP IOoDittes will providellood proteotio. fD ..II... tho.. ".., within m. plan ofth. mil" mf... -.B problem. and WIll provIde 'doqo,te dnitJa&e onll.... Th. Diltrlcl' MD, facUity:I1l4PS can bl!l vJawed OIllino.at wwwfloodoontrolco.nvemlde..ca..UAlmdn.A.<rD. To obtain fUrther: il\format1on on the MOP and tho prtJpVR!d .Dl$iot &cWdcs, contagt Nt D1u: of tba Diltrl.... Plann"" _on &l9SI.9lS,ll4l. '-1 '-1. ~.3 8-39 CITY OF TEMECULA ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft ElR Mr. David Hogan : Re: NoticeofCaniplotiolliAvailabiliIy of. Draill/llvi,onmontallm_ Report fo, the City ofT....oulo Oenom! Plan llpdmo .-2. 1",...,,31,2005 4. p.... 1-6 .$l3-19 - n.. Dimiot should b. listod.. an _met maY UI. th.G....-al PIA. dooum.n' I tt- At for approval offufuro flood 00lllr01 f.lclHt1os. Page 1-37. Tab.. 1.1 - k l/lpctln !h. "- DraI1l"8'" "ol1Oll Illlder "lJdlitl.. "'" Service I , . S" S)'Itcm8" is;mullbeltd aadsbouldread "Bn'1g)'t. . Fu_ ....ecti.., of __ facUkleI o_d for new <lov...., to .....og Olslrlot facilid... 'Muld bo loc_ ODd ovaIua1Od u part ofdl. ovetall projeot in 1I10 CIlQA ",,",,",01 Jlftl'=l. An.y work ti:tar iuvolws I>f.sb1ct rtght of w.y, easements.. or f~Uitles wih r8QUim aa. e=roa;bmtot G.L. pormlt &om tlte OlaJrlot. n.. COlll1tUctlOll of facWd.. within road riQh' of Will' tbat _ inIPIC' r.. Disrnct atolm drains should dsa bo QOordiDated w;~h UJ. To abttin further information 011 en....,ochmoi1' pcnnltl or oxiotiog faoiliti6t, COlltaot Jld 1M> of tII. Olslriot'. Bo_ Permi, So<<IOl1 It 951.955.1266. . . Thank you f..- the OpportW\!ly to _ tho Noti,. ofCompIotioW^.,,;labillty..d OBI!<. P..... fOrward ...y 'ob..qu.., ..vlrolimo."" do_ .qardlns the project to my ~0l1 AI dill olllo.. Ally fIlrrt>er quo,.... co......urigtbl. I.u..._ be ,d""IU. m. 01951.955.12J3" Man> M'ndz.t 951.955.4643. 5: 3. J=~o TERESA 1'l!NG Senior CivllllD8ineei .: at., MooI AnDia!; Bob Cullo. BdlM> MAM;,cw PC\!n7!l6 ,.I ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-40 Responses to Comments on the Draft ElR 9. Teresa Tung, Senior Civil Engineer, Riverside County Flood Control and Water Conservation District. January 31, 2005. Response 9-1 This comment provides an introduction to the Riverside County Flood Control and Water Conservation District's (RCFCWCD) comments on the Draft EIR. Response 9-2 In response to the comment, the second sentence of the second paragraph on page 5.14-6 of the Final EIR has been revised to read as follows: "In most cases, RCFCWCD does not maintain or have iurisdiction over storm drain inlets or pipes less than 4;! 36 inches in diameter." The revision does not affect any of the impact conclusions contained in the EIR. Response 9-3 In response to the comment, under the "Surface Water" subheading on page 5.8-6 of the Final EIR, the first sentence of the third paragraph has been revised to read as follows: To ensure that adequate flood control capacity is available to support new development, all proposed development projects within the Planning Area are reviewed by the Riverside County Flood Control District at the request of the Citv. prior to approval by the City of T emecula or Riverside County. In response to the comment, on page 5.14-70f the Final EIR, the first sentence of the second full paragraph has been revised to read as follows: To ensure that adequate flood control capacity is available to support new development, all proposed development projects within the Planning Area are reviewed by the District at the request of the Citv. prior to approval by the City of T emecula or Riverside County. In response to the comment, under the "Stormwater Drainage, Environmental Setting" subheading on page 5.14-6 of the Final EIR, the second paragraph has been revised to read as follows: The RCFCWCD is also responsible for construction of new facilities called for in its adopted Master Drainage Plan (MDP). The Planning Area is located within the MDP for the Murrieta Creek area. The Murrieta Creek Area Master Drainage Plan, implemented by the RFCWCD, requires collection of drainage fees for developments. Fee revenues are used to support infrastructure improvements and expansion within the City of Temecula. When fullv implemented. the MDP facilities will provide flood protection to relieve those areas within the plan of the most serious flooding problems and will provide adequate drainage outlets. The revision does not affect any of the impact conclusions contained in the EIR. CITY OF TEMECULA 8-41 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft ElR Response 9-4 In response to the comment, the agency lists on pages 1-7 and 3-19 of the Final EIR have been updated to include the RCFCWCD, as indicated below: The following lead, responsible, and trustee agencies may use this Program EIR in the adoption of the General Plan and approval of subsequent implementation activities. These agencies may include, but are not limited to, the following: . South Coast Air Quality Management . City of Temecula District . Temecula Redevelopment Agency . County of Riverside . U.S. Fish and Wildlife Service . Metropolitan Water District of Southern . United States Army Corps of Engineers California . California Department of Fish and Game . San Diego Regional Water Quality . California Department of Conservation Control Board . California Department of Housing and . Temecula Valley Unified School District Community Development . Rancho California Water District . California Department ofTransportation . Eastern Municipal Water District (Caltrans) . Riverside County Airport Land Use . State Lands Commission Commission . California Water Resources Control Board . Riverside County Local Agency Formation . Southern California Association of Commission Governments (SCAG) . Riverside County Flood Control and . Western Riverside Council of Water Conservation District Governments (WRCOG) Response 9-5 On page 1-37 of the Final EIR the Utilities and Service Systems subheading was revised to correct the typographical error and reads as follows; "Storfflwater DraiAage Energv". Response 9-6 The comment is noted. The comment addresses the CEQA approval process for the Draft General Plan and encroachment permits for work in a RCFCWCD right-of-way, easement, or facility. Encroachment permits and facility construction within roadway rights-of-way pursuant to implementation of the Draft General Plan will be coordinated with the District on a project-by- project basis. No further response is required. ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-42 Responses to Comments on the Draft fIR r~ Omtms AtfnC1 DwctOl' Planning Department COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANAGEMENT AGENCY JanU8ly 31, 2005 Lem.R. 10 City of Temecula Al1'N: Mr. David Hogan, Prine/pal Planner 43~ Business Parf< Drive . . Tomecula. CA 92592 RE: NOTICE OF COMPLETlONINOllCE OF AVAILABILITY OF A DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE CITY OF TEMI!COLA GENERAL PLAN UPDATE Dear Mr. Hogan: Thank you for ProViding the Rlve",ide County Planning Department the opportunity to review the draft Progl3m Environmental Impact Report (PEIR) for the City of TemeC\Jla General Plan UPdate (hereafter 'Project"J. As indicated In the PEIR, subsequent actlviU.. Which may be consldsred within the scope of this PEIR may Include: revisions to the City's Development Code; rezoning for consiotency wfth the uPdated Lend Ose Policy Map; approval 01 speCific plans, developmenl plans, development agreements, facility and service master plans, public improvement projects and resource management plans; acquiSition of property by purchase or eminent domain; issuance of municipal bonds and permits for public and private development projects as well as other permits necessary for fmplementation of the General Plan. Thli letter pmvid.. County .staWs comments on the dreft PEIR, and the County reserves tha right to pmvide lurther comments on the City's General Plan and eny other subsequent Implementation act~ties. . The PEIR Indicates that the Project Planning Area consists of epproximately 62 .quars miles (or 3.9,680 grosa acres), of which epproxlmately 26 square mile. (or 17,955 gross acres) lie within the city limits of the City 01 Temecul.. The remaining 34 square miles of planning area are located In the unincorporated areas of RIverside County and includes approxlmetely 24 square miles (or 15.380 gross acres) of properties located wtthln..the City's sphere of Innuence end approxlmataly 10 square miles (or 6,400 gross acre.) of properties located Qutolde Its sphere of Innuence. The Rlv\ll1llda Local Agency Formation CommisslOll (LAFCO) has no CUrrerlt proposallo change the City's sphere of Influence, but I. overseeing the preparation Of Municipal Service Reviews (MSFts) a.s part of a reassessmen1 of spheres of influence. Under Population and Housing, Iha PEIR Indicate. that approximately 77,460 persons resided In 24,964 mldenUal units within the corporate City limits In 2004. Future devalopment over the nexl20 years, or to 2025, pursuant to the. proposed General Plan may result In an additional 25.005 new residential units (Includes detached slngle-famlly residential. allached slngle-famlty 10-1 RlVerslllt Offict, 4080 Lcmoa Street, 9lb Floor P.O. BoX: 14M, iuvertide, CsIl!omla n502.1409 (95/) 955-321JO. PIX (9SI)9SS.31S7 IndloOffice' 82-67SH'W)/lrl,2ndPJoor Room. 209. tndlo, Callfomi' 92201 (760)86).8217' Fa.-< (760)863.7555 MUlTitlaOffioo' 39493 LoI AJamoa Road. Mv.nid:a,CaJifumIa92S~ (9S1)60().6]?O.Ptx {9$1)6{)~1A5 8.43 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA Responses w Comments on the Draft EfR City 01 Temeoula . Draft EIR - City otTumecula General Plan Update Pagt2 ot8 residentlal ana mUItJ..famlly r89IdenUat) and 36.2 m~llon square feet of net new nonresIdential deveIOpm..,~ resulting In up to 54.687 total residential units and 78.3 mUUon square feet 0' nonresidenual development and provide for a total population capacily of 169.184 persons wlthfn the Planning Area. County Planning stat! oilers the following commenle for your consideralion end incorporation Into tl)e draft PEIR: 1. Approximately 34 square miles of the Planning Area tie outside the city limits. wfthln the unincorporated area of RJv"",lde County. The City's proposed land use designations do not reflect existing County land use approvals within tI1e unincorporated areas. For I~ _ 1- example, the sRe of en approved high-density senior housing project Is proposed for tile CitY!: Rural dedgnation (maximum intensity 0.2 dWiOlnng unlb per acre). (See the discussion under item 15 below.) Failure to reflect existing County land use and land division approvalS mey be expected to lead to an underestimate of overall, cumulative Impacts on tra1lIe. air polManl emissions. noise, waler supply, and nonrenewable resource consumption. /0-\ c,)IJ'f , 2. The Allematlves analysis should Include consideration of an aUernative that utilizes tile City's proposed land. use deslgnaUons w1t11ln ile existing jurisdictional bounden.. and the ,.... 'll County'S land use designations wllhln ils existing junsdlctlonal boundarlas. This study is ..." merited In lhatlt would provide en analysis. of potential development in the event that the City were to adopllts proposed General Plan, but not ennex any additional land. 3. The portion of the Planning Area outside city limile Includes approximately 10 square miles of unincorporated areas not currently toeated within the City's sphere Of influence. . The Project Desooption of the draft PEIR should cite under what authority the CIty ;" 10- ~ Including the 10 square miles of area oulelda ile sphere of Influence 'as pa~ of itS Planning Area and whether the City intends to file a proposal to expand Its sphere of Influence B!ld annex: thiS area. 4. 111era era inCOll$lstencles throughOut the draft PEIR when discussing population, dwelling units, and nonresidential square footage within the City limits and Planning Area. For example, the Exeoutive Summary discussion of the Land Use Element 10 -f' ldentifie. total nonresidential development pursuant to the proposed General Plan as 78.3 mimon square feet (page 1.3). while the Project Description on page 3-8 identifies total nonresldentiel development a. 76.4 million square. reet (page 3-8). Such discrepancies need to be ....olved. . 6. The environmental document utilizes Southern CalifornIa Association of Governments (SCAG) 2000-2025 growth for<lcasts, bulld-out capacity of the proposed General Plan wllhln the City limits and within the Planning Area. the City of Temacula 2004 Population Prallle for Cities of Temecula (for eress within City limits only). Murrieta and Western , 0 ~ ~ Riverslda County. and the 2004.Stalo Oepertment of Flnanc. City/County Population and Housing Estimates (for areas within City limits only). Please Include a c::ornparison table for these different facto", In the executive Summary or Project Oesooption Section of the dreft PEIR so thai the ravlewer can cleaoy understand the relationShip between these factors and whether they support the analyses end findings in various parts of the draft PEIR. ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-44 Responses to Comments on the Draft fiR city of Tameeul. Draft ElR - City of Temecul. General Plan Update Page 3 of8 .. . page 4-1, under cnvlfOl1mentaJ 8etUn~, ldenOOe. the unincorporated portions of !he Plennlng Area as being comprised Of 16,480 .eres (or 26 square mil..). Pi.... provide /.:>_., an .xplenatlon of why this number Is inconsistent with tho Project Characteristics discus.lon in Ih. executIVe Summa,}iofth. PEIR. . 7. On Pa~. 5-1, undar EnYlronmenlallmpacts and Mitigallon Measures, the draft PEIR slates that mllfgation. In addilion 10 measures !hat tho lead agency wiJIlmplement can also include meaSUT$$ that are withIn the responsibility and jurisdIction of another public agency pursuant to CECA Guidelines Section 15091(0)(2). To cltethe applicable CECA section: . 'No public agency shen epprove cr carry out a project for Which an EIR has been CQrtified which Identiflcs one or more significant enVironmental effects of the project unl..s tho pUblic agency makes one or more written fll)dings for .ach of those significant effects, accompanied by a bri.f explanation of the IaIJonale for aach flndlng." . '0)-1 It is a violatiOn of CEQA to defer mItigation. This section crearfy doe~ not e~cUse-.the Ie.d ag.ncy from Id.ntlfylng all feasible mitigatton and conSidering a reasonable renge of ellemaUves to reduce significant Impacts resulttn~ from the lead agancy's authority to use its discretionary pow.rs. 8. Under SsclJon 5.2 Agrloultural Resou","", the draft PEIR S_s thai th. project will "'s.llln a 1.00 lhan slgnlftcant Imp.ct wUh ragard 10 Williamson Act eontractlands, as there are no WIlliamson Ad contracts in the Planning Area. This statement is incorrecl There are a number of agricuhuraJ preserves located in the unincorporated areas of the A Planning Area. Consequently, 1here are numerous parcels located within the boundaries '0 -- ,., of an agricultural preserve, many of lhem under active WIlliamson Act contracts. Easterly of Butterfield Stage Road, there are several large development projects currenUy being processed through the County of Riverside. each invQMng large lot resfdentlal development and proposIng cancellation of the effecled agricultural preserve eonfracls. 9. Please indicate in the discussion under Carbon Monoxlde Hot Spots in Secuon 5.3 Air Quality wh.thor all exlsUng roadways that are currently operating below an acceptable lavel of o"",lce (LOS 0), as well as all future Impacted roadways. were monitored and l:>~' I) Included In Appendix e. If all impact.d roadways haven1 be.n evalualad endl... II fa%rs used to calculate traffic Impacts are revioed, Ihls study should be revised accordingly and Included In tile appendix and draft PEIR. . 10. The discuoslon under 5.4 8Iologlool Resources states on page 5.4-17 !hal Implementation of the City's proposed General Plan will result in "sfgnlflcant and adverse~ impacts on rare, threatened, and endangered specles. The dl$cussion under 5.9 Land Use and PlannlngslaleS on page 6.9.1 that the Gen"",1 Plan "was found to IO~ 'I conflict with" the adopted Western Riverside County Multiple Spacl.. Habitat Conservatton Plan. However, both sections then mal<e the flnding of less than significant Impact to biological resources end 10 an adopted regional plan with Imprementatlon of mitigation measures. One such mitigation measure Is that future projects comply with ilie MSHCP. For example, ff a Iulura proposed project Ie inconsistent with the MSHCP because avoidance of riparian/riverIne: areas or vernal CITY OF TEMECULA 8-45 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft EIR City 01 TemocuJo Draft EIR - City of T"",el;ulo General Plan Updal<l Pagfl 4 of 8 P-I' LOJ.Ji, 11. POOlS 18 unfeasible, a nnc:lrng of bIologIcally equivalent or superior preservalior'l must be made in acoordanee with guidelines contained In the MSHCP. Therefore. a finding of less than significant impact to biological resources cannot be made at thl. program levei . due to the lack of future projects' specificity. SecUon 6.10 Noise us.. level of .ervice (LOS) C for edJacent roadways to estimate maximum level Mure noi.e Impacts. However, SeCllon. 5.3 AJr Quality and 5.13 . rrall6pol1.otion Indicate that severel intersections and freeway ramp. are ourrently ,... _I" operating at LOS E and LOS F. These intersections and ramps will be further '" .. """carbated by eddhlonal traffic resulting Irom ultimate build-out of the Planning />rea. . Future traffic will also impact new areas at the exIsting roadways by exceeding acceptable levels of servfce. The analysis In this section of the PEIR shoLJld utilize a realistic level of service In determining project and cumulatfve noise impacts. Please revlsa Appendix E and the Noise Sectlcn of the dreft PEIR. under Section 5.13 Transportation, ~ appears !hat existing traffic conditions were baSed on studies conducted wlthln the CitY; Dmlts and not within the proposed Planning Area 10 erriv.at average dally trtp (ADT) volumes. These ADTs were then edded 10 future ADT 10 ,':II volumes based on residential and nonresidential bulld",ut under the prOPOSed General - ~ Plan. The trafflc analysis should address existing conditions of the Project Planning Area. WithIn the City and unincorporated areas. Please revise the analyses u.nder this sactlon as well as all affeetGd sections of the draft PEIR.(Le., alrquanty, noise, etc.). 12_ 13. Under the Environmental Sellf~g end Section 5.13 Transportaticn, the draft PEIR Identifies several intersections and freeway ramps ~at currently operate at LOS E and lOS F. Impacts to these same inte~ections and freeway ramps rGSulting from Implementation of trle proposed General Plan are then determined not to be sIgnIficant since unacceptable LOS already 8Jdsts at these roadways and no new Impacts will result from the additional ADT volumes. Implementation of the Project Will result. at a ,0-1' minimum. In dOubling existing ADTs. It cannct accuretely be staled that the I'ro)eel will not have direct impacts on existing roadways resulting 'rom increased AnT volumes. This Is an inappropriate applicatIon of CEQA, 'M'lera it states that the envirOnmental baseline is establiahed at the tlm! the NotiCe of Preparation ls distributed to the public. This section of the draft PEtR Is Inadequate and lails 10 fully disclose and. analyze existing and ruture ~efflc Impacts. Please revise this section as well ell effected sections of the draft PEIR (I.e.. air quality, carbon moncxlde hct spots, noise, etc.) and IdentIfY mjtigation measures which will reduce said Impacts. The draft PEIR Identifias that Implementation 01 the Project will resun In significant, unavoidable, pro)ect~ovel and oumulonve impacts to Air Quality and TransllOrtation, but that noise Impacts will ba less than slgnificantwllh mitigation. However, page 1-44 of the 10 "I~ Executive Summary states that Nina-eased lraftic noise may have Significant Impact ... in the long tenn~ and thii1.t "residual Impacts WIll remain slgnlflcanl" Please darlfy wt:aether or not noise impacts will be significant and ,adverse and Include mitigation measures to reduce said Impacts. The draft PEtR end tho City's Land Use Policy end Foous maps shculd tie revised to I reflect the following existing County land us. epprovals within tho unincorporated area. 10 - I b 14. 16. ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-46 Responses to Comments on the Draft fIR City of Temecula Dr$ EIR - City of Temecula General Plan Update Page5of8 . e. An .11.51-acre area at the .outheast comer of the Intersec1ion of Rancho California Road at Ranmo Vista Road (Assessa(e Percel Numbers 951.140-016 through 951004~18) Is the site of a ..nlor housing and health care complex approved through Public U.. Permit No. 791, as mo<ll1led by Subslantial 10- I'" ConfQrmance No.1. This propelty is designated Very High Density Residential (14,20 dwelling units per acre) WIthin the Community Development Foundation Component on the SoIltl1west Area Plan. The Cny proposes a deslgnallon of Rural - 0.2 dwlllllng units per aere on the Cily's proposed Land Use Map, wllhln Rliral PreselVallon Alea No. 2. This site should be designated High Density Residential (13-20) on the City Plan. However, _er or not the City moos.. to acknowledge this approved project In I1s laf1d Use Plan, any cumulative Impaclanelyses and traffic models need to reflect this proJact approval. . b. An 84.34-acro area southe~y of the Morgan Hili development <_sor's Parcel Numbers 952.25~08, -012, and -044 tI1rough ...(46) Is the s~e of a 143.lot subdlvtslon mep approved through TGntaUve Tract Map No. 29473. This propertY Is designated Medium Density Resldenllal (2-5 dwelling unlls per acre) w~hln the Community Development Foundallan Component on the Southwest Alee Plan. 10 I.\;.I... The City proposes a designation of VineyarnsJAgricu~urel on the City's proposed - U land Use Map, within Rural PreseMltlon Aree No.3. This site Should be designated low Density ResldenUal (0.5-2.9 dwelling un~s par acre) on tI1e City Plan. However, whether or not tI1e City mooses to acknowledge this approved project In Its laf1d Use Plan, any cumulative Impact analyses and Irafflc models need to reflect this Pllljecl approval. 16. The boundaries of the Rural Preservallon Areas should be modified, at least to the extent necessary to recogl1ll:e existing County approval. pre-dating the release of this 10 - ,., P~. . 17. The above .peclfled projeels In tI1e Rural Preservation Area. reflect only the malor PlIljects tI1at have been approved. There are a number of otl1er projects in process that mey need to be addressed In cumulative Impact analysis. Staff offers the following Information for your oollSlderallon: Rural Preservation Area - T~ecula Wine Countrv/East Rancho Califomla Considur the .area bounded by De Portola Road on the north, Anza RQad on the east, State Highway Route 79 South on tI1e soutl1, and the Teinecula city limits on the west. 10 -\8 This area Is designated for Community Development Foundation Component uaea on the Southwest Area Plan - Medium Danslty Residential (2.5 dwelling units per ecre) and Commelcial Tourist The City proposes a de!l9nation of Vlneyards/Agrlcultural (0.1 dwelling units per acre). In tI1ls area, tI1e eight westerly parcels are designated Medium Density Residential, but.a,. not the s~e Of any major planning cases. However, the easterly area I. characterized by smeller parcels. end those In the southerly portion heve been the location for a number of planning cases. These Include an approved lmani Temple on APN g52-170-005 located northwesterly of the Calle Amez cul-de-sac. The parcel Jocatad at the northwesterly comer of Stale Highway Route 79 South and Anza Road (APN 952-170-007).wa. formerly approved for a church 1hrough Public Use permit No. 764. That permit has since expired, J>ut tha County Is processing a change of zone al\d oondltional use permR (Change of Zone Case No. 6664 and ConditiOnal Use Permrt CITY OF TEMECULA 8-47 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft EfR City Of i'emecula Dlaft ElR - City of Temecula General Plan Update Pa9fl8of8 NO. 338T)~ to estabUsh a gaa station, minf-mart, anr;l car wash at thfs locaflon, which Is designated Commercial Touri.t . Except for Ihe areas southerly 01 De Portola Road and the Public Use Permit site referenced above, the County designations within the area identified by the City as EIlsl Rancho CaIWomla or Temecula Wine Country (an within the Rural Community and Agriwlture Foundation Components. However,. thare are a number of dlllerences between the County and Ci1y provisiOns. The County designates properties located westerty 01 Anza Road. southerly of Peuba' Road, and n~rtherfy 01 De Portola Road as Estate Danslty. Resldel11lal - Rural Community (EDR-RC: one dwalllng unll per two acres). The City proposes to designate this. ares aD Rural Reaident/al with a denEiity slandard of 0.2 dwelling unit per acre, or one un~ per rIVe acres, with a .mall araa along the northerly .,de 01 De Portola Road de.lgnatad VlneyardalAgrloolture (0.1 dWelling unit per ecra). However. a reView of existing 101 Size patterns indicates that tha predominant lot size in this area, other than the area along the northerty slda 01 De Portela Road, Is In the 2),\ - 5 acre renge. Thus, use 01 the density standard of 0.2 dwelling units per acre mey resullln an underestimate of the acluellntensity of this area, with consequent impacts on Ihe accuracy Of projected levels of trafllc and .eCOndary impacts on the aceuracy o( noise and air quality modeling. (Tha area on the rlOftherly side of De Portola Road Is characteri<8d by larger lot sizes, however, this area Is al.o designated EDR-RC on the County's Plan.) It is recommended that this area be dasignatsd and modeled as within tha City's Very Low (density) Residential, 0.2 - 0.4 dwelling units per acre. Northerly of Pauba Road Is a large are. desiQnated as Agriculture within the Citrus VIneyard Pollcy Area on the SWAP. with some exceptions In the area southerly of Rancho CaIWornla Road. This Policy Area flanking Rancho Carlfornla Road between Butterfield staQ' Road on the _t and Anza Roed on the ea.t differs from most agriooltuml areas in the County In Its allowance lor e five acre minimum lot siZe for t~ maps and parcel maps.. In contrast, !he CIty's proposed Vlneyards/Agrioollure designation provides for a maximum development Intensity of 0.1 dwelling units per acre (one dwelling unit per ten acres). While some 01 the area dapicted as Cltru. VIneyard on the SWAP is proposed as Very Low Re9identlal or Rural Residential on the City'S Land Usa Policy Map, most of this area Is proposed as within the Vineyards/Agriculture d..iQnation on the CIty's Map. It Is recommended thet this area retain the Vlneyards/Agricullure deslQna1lon, except where the Counly designation Is for a higher Intenslly than Agrtcu~ure, b\ll that the development intensity for thl. designation bll Changed to 0.2 dwelling unlle per acre. Northerty of the Citrus Vineyard Policy Are. is enother area desIgnated Estate Densily., ResldanUal- Rurel Community on the SWI>J'. The portion of this area southwastariy of~ Calle Contento Is proposed for a designation of Rurel Residential (0.2 dwelUng un~s per acre) on the City's Plan. It Is recommended that this area be designated as Very Low (density) Resldentl.al; 0.2 -0.4 dwehing units per sere on the City'$ Plan. . Rural Preservation Area South.Anza" Road tal SR.79 Tentative Tract Map No. 29473 referenced In 15b. above affecls fl."" of the parcals ,wi~in an. area of fifteen. ~reels located southeasterty of the: Morgan Hill development ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE 8-48 10-" ~. CITY OF TEMECULA Responses to Comments on the Draft fiR .. . '. CIty.Of Jemecu'. Draft EIR - CIty of Temecula General Plan UP<late Page 7 ota and designated Medium Density Residential on the SWAP. M. this time, there Is no urban development wHhin this area. However, tentaUva !rect maps I1ava been flied on flv. Of the other ten propetti.. (!\PNs 952-250-005, 000, 007, ota, end 015). These !rect maps (32226, 32227, a2775, and 32988) together propose 275 lOts on 93.2 acres. The.. !rect maps ere presently In the review process, although non. is ready to b. scheduled for hearing as of this writing. An additional four parcels established through Parcel Map No. 28289 (/IPNs 952-380-001 through -0(4) are five acres In grots ...... Only one of the flfteen parcels Is 10 acres or larger and Is not the subject of e proposed subdMslon. W. recommend that tn. area designated Medium Denslt~ R.sidentlal on the SWAP be removed fi'om the Rural Preservation Area and be designated for Low or Low Medium OClnsity ReDldontial developr't'l4nt on the CIty'. land Uee PoliC)' Map. In any event, consldereflon should be given to the COunty desfgnations of this land in cumulative Impact analysis and !refflc modeltng. Ille County does not obJecl to the InClusion at the remainder of the depicted .rea southerly and easterly of the Morgan Hill developm.nt within the Rural Preservation ~a, as depicted. Howev.r, bearlng In mind that the majority of this area Is designated Rural Residential on the SWAP. the City should either deslgnat. tha properUes Rural Residential or change the density within \he Vlneyards/Agricullural designation to 0.2 dwelling units per acre as recommended above. The City's Policy Map and Focus Map diffar with respect to the treatment of the area located on the south side of Stala Highway Route 79 South, westerly of An%a Road. The Focus Map depicts this area as beIng included wtthln tna Rural Preservation Area, while the Land Use Policy Map depicts this area as being designated for Low Medium and Low dansity resklaritlal develoPment. We reeommend that the area located southerly of State Highway Route 79 South, northarly of Temecula Creek; and w..teriy of Mz;j Road be removed from the Rural Preservation Area. FrenCh Vallev Future Growth Area In genaral, the City's proposed land ~.. designations for this area appear to conform to County land usa designations. Give.n the dlffarences In ranges between the City and County designations, direct comparison for the ultan density areas is not simple. However. we have Identified one area where there are discrepandes. TIle northeast quarter of the northwest quarter of Section 4 consists of sixteen pal"Cels. each about 2% acres In size. This area Is designated as Estate Density Resldenttal within the Rural Community Foundation Component (ona dwelling unit per two acres) on the SWAP. The City proposes a designation of Rural. Residential (0.2 dwalling units par acre); howevar, If a. residence Is allowed on eath existing lot. this area will build out al a density of 0.4 dweltlng units per acre. This should be consldared in analyzing cumulative impact and traffio analysis. Given tha existing lot size pattern. we recommend that this area be designated Vary Low density ReS:identi~1 on th4t City'o Land Usa Policy Map. Tha City may also wish to consider re-deslgnaflon of Ihe southeast quarter of tha southwest quarter of Section 33 as Very Low density Resldantial, as this area Is also designated Estate Density Residential- Rural Community on the SWAP. '. I~-I'l c:.olJt. 8-49 CITY OF TEMECULA ENVIRONMENTAL IMPACT REPORT GENERAL PlAN UPDATE Responses to Comments on the Draft fiR :Clty ofTemecuJa Draft E1R - City of Temecul. General Plan Upd.te Page 8 of8 The orall PI!IR provides an analysis of tile potential environmental impacts of the City's propossd Geneml Plan. n the General Plan is a policy doeumsn~ msny of the mlllgation 10.. r lit measures Identified to mitigate potential Impacts are policies and may not he effective as millgalion. The draft PEIR should elOa~y IdentIIY actions reqUired by the City to make sold pol/de. vlabie O.e., resolution, ordinance, ete.). Thank you for considering 0"- commonls and for the opportunity to review the draft PEIR for the City of Temeeula General Plan Update. ~you should have any qussllons regarding these comments, please cenlae! Kathleen Browna, Urban Raglonal Planner III, at (909) 955-4949. Sincerely, Y:\T~ONN!!IDERLOg'Rujll,.n'o1OOOO'l'etMIaIIIGP ..E1R.cIoa ,." .., ENVfRONMENTAllMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-50 Responses to Comments on the Draft ElR 10. Robert C. Johnson, Planning Director, County of Riverside, Planning Department. January 31,2005. Response 10-1 This comment provides an introduction to the County of Riverside, Planning Department's comments on the Draft EIR. The introduction summarizes the Project and indicates that the Riverside Local Agency Formation Commission (LAFCO) has no current proposal to change the City's sphere of influence. This comment does not address an environmental issue nor raise any question regarding the analysis or conclusions in the EIR. No response is required. Response 10-2 As stated in the Draft General Plan, under California law, every city must adopt a comprehensive, long-term General Plan to guide physical development within the incorporated area, as well as to plan for land beyond the municipal boundaries that bears a relationship to the city's planning activities. The City of Temecula believes that the identified Planning Area provides a reasonable measure of the City's present region of interest. The comment further indicates that City land use designations within the unincorporated areas of the Planning Area do not reflect approved County plans and adopted land use designations for the area, and that this inconsistency may underreport and analyze incorrectly cumulative project impacts. The City has purposefully chosen to assign lower intensity land use designations in part of its Sphere of Influence area and other unincorporated areas of the Planning Area than current County plans provide, as these designations are consistent with overall City objectives for outlying areas specified throughout the Draft General Plan. The thrust of the updated Generai Plan is to concentrate new development as infill within the established City framework, and to apply smart growth principles and reduce greenfields development. Since infill places new development closer to existing services and complementary land uses, this approach has the ability to reduce overall impacts. Response 10-3 The City has previously considered using the County's land use designations within the areas that have been identified for rural preservation. However, this was rejected through the Plan development process because of the greater impact to the environment and the inconsistency with the City's long-term goals. A preliminary study indicated that using the County's more intense land use designations would add an additional 38,000 average daily trips to the City's circulation system. Using the County's designations is also expected to result in greater noise and air quality impacts. These increased impacts are not mitigated by the County General Plan. Per Section 15126.6 of the CEQA Guidelines, the Draft Program EIR examines alternatives which "would feasibly attain most of the basic objectives of the project, but would avoid or substantially lessen any of the significant effects of the project, and evaluate comparative merits of the alternatives." Given that the County's land use designations in some parts of the unincorporated portions of the City's Planning Area allow for higher intensity uses than proposed City policy, and given that such higher intensity may result in greater traffic, air quality, public service, and noise CITY OF TEMECULA 8-51 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft fIR impacts than would the Project, such an alternative would not work to reduce significant impacts of the Project. Thus, CEQA guidelines do not support evaluation of such an alternative, and the alternative is not examined in the Draft EIR. This is clarified in Section 7.0 of the Final EIR. Response 10-4 The comment states that the Planning Area includes approximately 10 square miles of unincorporated areas not currently located within the City's sphere of influence and that the City should cite under what authority the City is including these areas outside of the sphere of influence. As per California Government Code 964300, each City is required to prepare and adopt a long-term general plan for physical development of the city, "and of any land outside its boundaries which in the planning agency's judgment bears relation to its planning." As stated on page 1-2 of the Draft General Plan, "While properties beyond the City limits are under the jurisdiction of Riverside County agencies, they bear a critical relationship to Temecula's planning activities, and from a visual standpoint, form a significant backdrop to the community. One day, they may become part of the City, and planning for service extensions, integrated infrastructure, and high design quality is timely and prudent." The majority of the area outside the sphere of influence but within the Planning Area consists of vineyards and agricultural uses located east of the City. As noted on pages LU-20 and LU-21 of the Draft General Plan, these locations are designated Vineyards/Agriculture, a designation "intended to promote rural, agricultural, and vineyard uses of properties located to the east of the City within the Planning Area. Continued operation of vineyards and agricultural businesses on these properties is vital to the economic health of the City. Through this designation, they are set aside for these purposes in the future." No specific proposal to annex or pre-zone these areas or to expand the City's sphere of influence is contemplated at this time. However, the City acknowledges that these interim steps would be required prior to full implementation of the General Plan within the identified areas. The City will work with the County and Riverside County LAFCO to achieve these long-range objectives. Response 10-5 In response to the comment the following revision has been included on page 1-3 of the Final EIR: During this time, approximately 36.2 million square feet of net new nonresidential development is expected to be developed, resulting in just over ;z&l. 75.4 million square feet of nonresidential development within the Planning Area. The revision does not affect any of the impact conclusions contained in the EIR. Response 10-6 As described in the comment, the EIR analysis includes population data and growth forecasts from different sources. The following summary accounts for the population data sources that were utilized in the EIR. ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-52 Responses to Comments on the Draft fIR The General Plan's estimated population increase to 113,421 persons by the year 2025 is based on planned land uses - specifically, new housing units. The Southern California Association of Governments (SCAG) growth forecasts are analyzed in Section 5.11, Population and Housing, but the build-out capacity of the proposed General Plan was used to describe the environmental effects of the project due to the following inconsistency with the SCAG growth forecast SCAG's projections for the region allocate to Riverside County a proportionally greater increase in population in the future, when compared to Temecula. SCAG estimates that the County's population will increase by 76 percent between 2002 and 2025, while Temecula's population will increase by 33 percent. However, historical trends indicate that Temecula has typically experienced a much greater rate of growth than the County. For example, Temecula grew at an average of 3,062 people a year from 1990 to 2000, an increase of 113 percent. Between 1990 and 2000, the County population grew by 32 percent. This is expected to change over the next decade as the City becomes substantially built out Considering these factors, Temecula's future population appears to be better represented by estimates derived from the land capacity established within the General Plan. Therefore, the proposed General Plan buildout population of 113,421 persons was used for the analysis in Section 5. 11, Population and Housing. California Department of Finance (DOF) data were used to describe the existing population since DOF bases population estimates on approved housing units, whereas SCAG data utilizes projections. Thus, the DOF data is better suited to describe existing conditions. The SCAG growth forecast was used in Section 7, Cumulative and Long-Term Effects because the Regional Growth Projections Method is the appropriate methodology for evaluating cumulative impacts for a project such as a General Plan, as it provides general growth projections for the region and considers long-term growth. The SCAG growth forecast data that were used for the cumulative impacts section included the Western Riverside County Council of Governments (WRCOG) region The environmental effects of the project are most reliably predicted using General Plan buildout estimates. As each of the other sources is used for a limited purpose, no comparison table is required. Response 10-7 In response to the comment, the following revision has been made to page 4-1 of the Final EIR: The unincorporated portions of the Planning Area, comprising 16,180 15,360 acres (;u, 24 square miles), are more rural and agricultural in character. Response 10-8 The Program EIR for the updated General Plan analyzes the impacts and identifies all feasible mitigation measures to reduce the impacts associated the implementation of the General Plan. Impact mitigation has not been deferred, and a reasonable range of alternatives was considered. CITY OF TEMECUlA 8-53 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft fIR Response 10-9 The City acknowledges that numerous parcels within the unincorporated areas of the Planning Area are located within the boundaries of a Williamson Act contract. In response to this comment, the sentence regarding Williamson Act contract lands has been deleted on page 5.2-1 of the Final EIR. The City's proposed General Plan emphasizes the preservation and protection of prime agricultural lands. Many such lands are designated as part of one or more Rural Preservation Areas in the Land Use Element, discouraging their conversion to urban uses. Mitigation measure AG-1 (General Plan Implementation Program 05-28) in the EIR requires the City to recognize existing agriculture preserve contracts and promote additional preservation contracts for prime agricultural land in rural preservation areas. This measure illustrates the City's commitment to agricultural preservation. With mitigation incorporation, implementation of the Draft General Plan will have a less than significant impact on Williamson Act contracts or other agricultural lands within the Planning Area. Response 10-10 As described on page 5.3-11 of the Draft EIR, selection of intersections to be analyzed for carbon monoxide hot spots was limited to those intersections experiencing the worst level of service (LOS) conditions, in combination with proximity to sensitive receptors. The following intersections these criteria and were analyzed within the Draft EIR: . Rancho California Road and Old Town Front Street . Ynez Road and Rancho California Road . Ynez Road and Rancho Vista Road . SR-79 North and 1-15 No significant impacts from carbon monoxide hot spots were identified. Response 10-11 The Initial Study and the Draft EIR concluded that the Project could conflict with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) since areas of the MSCHP might lie within the City boundary and other portions of the Planning Area. The General Plan is a guide for development and conservation. The MSHCP seeks to conserve flora and fauna species and habitats. As noted on page 5.4-16 of the Draft EIR, Draft General Plan policies require development proposals to identify significant biological resources and provide mitigation, including the use of adequate buffering and sensitive site planning techniques, selective preservation, provision of replacement habitats; and other appropriate measures to protect sensitive habitats (General Plan Policy 05-3.1). The Draft General Plan also calls for the City to work with nonprofit groups, the County, and other interested parties to set aside and enhance areas containing significant biological resources (General Plan Policy 05-3.2). One of the key features of biological resource protection is the City's inclusion of MSHCP policies and programs within the Draft General Plan. As a signatory agency, the City will continue to work with the County of Riverside and other implementing agencies to ensure that sensitive biological areas throughout the County ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-54 Responses to Comments on the Draft fiR are protected from future development and habitat conservation measures are incorporated into the development review process. Additionally, biological resources mitigation measures B-1 through B-11 require the execution and monitoring of MSHCP requirements within the General Plan Planning Area. Thus, given the programmatic nature of the Draft EIR and the long-term time frame for the General Plan, the goals, policies, and implementation programs within the General Plan and the mitigation measures in the ErR serve as effective and appropriate means of addressing any potential impacts. At the programmatic level, impacts associated with the MSHCP will be less than significant with mitigation incorporation, supported by the goals and policies of the General Plan. Significance of impacts to the MSHCP resulting from specific future development projects pursuant to the General Plan will be determined on a project-by-project basis. if project-level impacts are identified, specific mitigation measures will be required per CEQA. Response 10-12 Noise analysis in the Draft ErR is based on roadway traffic volumes rather than level of service (LOS), as indicated by the comment. The existing and future noise contours found in Appendix E of the Draft EIR were calculated using average daily traffic (ADT) volumes per roadway segment. LOS measures are used in the analysis contained in Section 5.3, Air Quality and Section 5.13, Transportation. However, the analyses completed for air quality and transportation are independent of the noise analysis found in Section 5.10, Noise. The comment appears to refer to noise mitigation measure N-S, and the City's practice of utilizing LOS C to estimate future noise impacts. The LOS is used in this case for noise mitigation since it estimates free-flow roadway conditions and produces the maximum community noise exposure (CNEL). The use of ADT for noise analysis is standard practice; no further analysis or revisions are required. Response 10-13 The comment correctly notes that existing conditions were summarized for roadways within the City limits. However, future conditions were derived from the City's traffic model, which includes all of westem Riverside County. Hence, the future ADTs were not derived from any additive process in which existing volumes formed a base. Rather, the future ADTs were actual future modeled volumes for future land uses as defined within the Draft General Plan Land Use Element. The existing peak-hour intersection analysis addresses only those locations identified as Principal intersections, as described in the Draft Circulation Element. The number and location of Principal Intersections will change over time as local conditions change. All are currently located within the existing City limits. Response 10-14 The comment states that as per CEQA, the baseline is established at the time the Notice of Preparation (NOP) is distributed. In the case of this EIR, the NOP was distributed on June 4, 2003. Therefore, the existing conditions or baseline of the project for traffic conditions is 2003. The traffic data were collected during 2002 for this project and at the time of the baseline traffic analysis, the CITY OF TEMECULA 8-55 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft fIR following three study intersections did not meet the City's performance standard of LOS 0, as described on 5.13-6 of the Draft EIR: . Jefferson Avenue at Winchester Road - LOS E at P.M. peak hour . Nicolas Road at Winchester Road - LOS E at A.M. peak hour . Old Town Front Street at Rancho California Road - LOS E at P.M. peak hour Additionally, the following three ramps did not meet Caltrans' performance standard of LOS E (maximum 1.00 VIe), as described on page 5.13-7 of the Draft EIR. . SR-79 South Northbound On-ramp - LOS F at A.M. peak hour . Winchester Road Southbound Off-ramp - LOS F at A.M. and P.M. peak hours . Rancho California Road Southbound Off-ramp - LOS F at A.M. and P.M. peak hour These three intersections and three freeway ramps are currently deficient. Over time, development pursuant to General Plan land use policy will result in the addition of trips at these currently deficient locations. In recognition of the existing deficiencies and anticipated further deterioration in the absence of any improvements (due to project traffic and regional traffic, as noted on page 5.13-15 of the EIR), the General Plan Circulation Element includes extensive roadway system improvements to address the long-term impact. Table 5.13-9 beginning on page 5.13-20 of the EIR identifies these planned improvements, as they are part of the project. With implementation of the project, the intersection of Old Town Front Street and Rancho California Road will be the only intersection among the three currently deficient intersections that will continue to operate at LOS E in 2025. Implementation of roadway improvements pursuant to the Draft General Plan is anticipated to improve the operation of the intersection from 0.96 ICU in 2002 to 0.91 ICU in 2025. The project does not create a new LOS E condition at this intersection or worsen its operation to LOS F. Impact to Old Town Front Street at Rancho California Road is therefore less than significant. In the future, the SR-79 northbound on-ramp, Winchester Road southbound off-ramp, and Rancho California Road southbound off-ramp will continue to operate at LOS F in 2025. Long-range implementation of the General Plan does not create a new LOS F condition at these ramps, although the project will add traffic and increase the VIC at these locations. However, this impact does not meet the City's criteria for significance. No Statement of Overriding Considerations is required. New roadways and intersection improvements are identified in the proposed Roadway Plan described on pages 5.13-9 through 5.13-11 of the Draft EIR. Table 5.13-5 on page 5.13-13 of the Draft EIR compares the existing and future (2025) Planning Area land use and trip generation. Additionally, Table 5.13-6 on page 5.13-15 of the Draft EIR describes how new roadways and freeway connections proposed in the Roadway Plan will have a key role in expanding system capacity because existing facilities, particularly Winchester Road and Rancho California Road, currently operate near capacity. The Draft EIR provides a comprehensive discussion of existing and future traffic impacts, and no further analysis is required. ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-56 Responses to Comments on the Draft fIR Response 10-15 In response to the comment the following sentences have been removed from the EIR, as shown on page 1-45 of the Final EIR. The revision is made to be consistent with Section 7, Cumulative and Long-Term Effects. Futurc development will generate construction noise from individual de~'Clopmcnt projccts that may affect adjoining uscs in tAe sAort tcrFfl. Incrcascd traffic noise may have significant impact to residcnccs and SCAOOI5 ncar tAC frcewa'is in tAe long tcrm. \!VAilc policies included in tAe Draft Ceneral Plan will reducc tAesc impacts to tAe e)(tent possible, tAC rcsidual impacts will remain significant. Response 10-16a This comment requests a technical change to the Draft General Plan Land Use Policy Map and does not raise any environmental issues associated with the General Plan EIR. Proposed General Plan Land Use Policy Map and other technical changes to the General Plan will be considered by the City. The City recognizes that change should be made to the Land Use Policy Map at this location. This recommendation will be made to the Planning Commission and the City Council at the public hearings scheduled for adoption of the General Plan. Response lo-16b This comment requests a technical change to the Draft General Plan Land Use Policy Map and does not raise any environmental issues associated with the General Plan EIR. Proposed General Plan Land Use Policy Map and other technical changes to the General Plan will be considered by the City. The requested change represents a potentially significant increase in average daily trips and is contrary to the goals of the General Plan. See also Response to Comment 10-3. Response 10-17 The opinion stated is acknowledged. The requested boundary changes for Rural Preservation Areas found on the Land Use Focus Areas figure in the Draft General Plan do not raise or address any specific environmental issue raised within the EIR. Any concerns regarding the Land Use Focus Areas Map in the Draft General Plan should be expressed to the Planning Commission and the City Council at the public hearings scheduled for adoption of the Draft General Plan. Response 10-18 Please refer to Response 10-17. The City has purposefully chosen to assign lower intensity land use designations within the identified Rural Preservation Areas and other unincorporated areas of the Planning Area than current County plans provide. This approach is consistent with overall City objectives for outlying areas specified throughout the Draft General Plan and mitigates the environmental impacts of unplanned development. Any concerns regarding the Draft Land Use Focus Areas Map and the City's planning objectives within the identified areas should be expressed to the Planning Commission and the City Council at the public hearings scheduled for adoption of the Draft General Plan. CITY OF TEMECULA 8-57 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft EfR Response 10-19 The Draft EIR contains mitigation measures for all environmental issues areas that are directly related to the City's General Plan Implementation Program, as referenced at the end of each mitigation measure. All of the Draft EIR mitigation measures are General Plan Implementation Programs. The City's General Plan Implementation Program identifies specific actions to achieve the goals, policies, and plans in the General Plan. The mitigation measures in the EIR will be recorded and tracked through the Project's Mitigation Monitoring and Reporting Program, as required by CEQA. ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-58 Responses to Comments on the Draft EfR e ...,-rJ COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANAGEMENT AGENCY 1ransportation Department m"'lSlo. ~."......"'l1 ...:;..~ lhn"" A. }cAfI#Ofl. P.E. DINtlor of Tnwptn'kllinfl January 31, 2006 Mr. Davld Hogan, Principal Planner City of Tem'lCUla 43.200 Buslness Park Drive Temecula, CA 92590 Lerre~ 1\ AE: Draft Envlronmenl!lllmpact Repon (OaR) for the City of Temecula General Plan Update Dear Mr. Hogan, The Riverside County Transportation Department has reviewed the Draft EIR for the City of Temecula General Plan Update. We appreciate the .opportunlly to review and C<lmment on this dooumenl In ongoing discuSsions with fhe County, the CIIy as been an advocate of developing strategIes to address the Impacts of growth on the regional arterial and freeway system throughout southwest Riverside County. The Cily haw cons/stenUy emphasized the II _, need to plan and Implement a circulation system (regiOnal arterials and freeways) that can accommodate future lrafflc. As such, thE> City has challenged the County to develop a perfoll1lanoe based circulation improvement program to ensure adeque.te capacity will be prOVided on the artertals and freeways to accommodate growUlln the region. The City's Gene",1 Plan dces nof evaluate freeway capacity or impacts. The propoSed GeneraJ Plan also laoks a perfonnance based infrastructure ImpfOV<lment program. Please show US how the City intends to address the freeway and regional arterial Challenges with an adequately funded Infrastructure phaslng program. . Based upon our review of the documen~ the Transportation Department has the following comments: 1. The lrafflc analysis d09ll.not address lramc Impacts to the freeway system. Neither the Exlsting ADT Volumes (Figure2-1), nor the 2025 AOT Volumes (FIgure 4-1) indicata any traffic volumes on either 1-15 or '-215. There. i. .no I' -1. analysis anywhere in the report of impacts to the freeway mainline. The only analysis. of freeway Impacts is limited to local access Interchange.. The 4080 Lemollo Suea, 3t1l FIoot. Rlversi4&. Californill 92501 . (951) "'-6740 P.O. Box 1090. Rlvenide, CalifOmw 92502.1090. ~AX (9.51) 955-319$ CITY OF TEMECULA 8-59 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft fiR '., ", January 31, 2000 Mr, OavICI Hogan, Principal Planner RE: DEIR for City of Temecula General Plan Update. Page 2 analysis should be expanded to evaluate and address impacts to the freeway In. 'l.. system. GOt.1\. Land' use assumptions for the unincol)lorated area of French Valley are inconsistent with the County's Highway 79 Policy Aroa (0 2.7, copy enclosed), which calls for a 9% reduction In residential trip ganeratlon. The plan should be revised to recognize and implemenlthls trip reduction strategy for the French Valley area. 2. 3. The traffic analysis for the unincorporated portions of the City's plan should also be oonsIstent wlth the County's policy relaliva 10 commercial development (LU 23.2, copy enclosed). The policy requires thai once 40% 0/ all designated commercial properties have developed, further commercial development must demonstrate a ma0f<91 need, as well as provIde for the full mitigation of traffic Impacts. II is further assumed thai the remainder of the commerclany designated properties may need to convert to medium density reSidential. County policies call for a program to monitor and Implement such limitation, as should the city's General Plan for the unincorporated areas. The Oraft EIR Suml!l8lY of Environmental Impacts and Mitigation Measures (Table 1-1) indicates that the City will Implement certaln procedure. and program. 10 monitor and mitigate impacts to transpoo1a1lon infrastructure, however, there sre no policies conlained in the General Plan nor In the Draft EI R which would indicate a commitment to implement such procedures and program.. The table furll1er Indicates that six interchange locations will operate at LOS F. Additionally, the levals of service reported in Table t-1 do not coincide wllh levels of selVlce repolled in the traffic study or In other secllons throughout the draft EIR. These Inconsistencies must be reconciled. 4. \I-~ II-At IIwS" Further, lhe statement attached to Table 1-1 that mitigation measures are required to reduce the level of Impact Is vague and ambiguous. Mltigallon measures should be specific and performance-based to link Infrastructure Improvements to development Impacts. 5. The Roadway Plan (Agure 3-3) contains a number of inconsistencies when compared to the County General Plan Circul;\t1on Element (copy enclosed) for the unincorporated areas Incluaed In the Clty's General Plan. I' _" Ol. a, SR 79 (WInchester Road) In the CIty's Roadway Plan is designated as an 8~ane Urban Arterial within the City, and as a 6~ane Principal Allertal in ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE S-60 CITY OF TEMECULA Responses to Comments on the Draft fiR January 31, 2005 Mr. David Hogan, PrInCipal Planner RE: DEJR for City of Tem""ula GBIleral Plan Updale Page 3 the County Area. The County currently has an MOU with CaHrans and the City of Murrieta (copy enclosed), which defines Mure access, right Of way and Imprpvemenls for SR 79 between Hunter Road anI! Domenlgoni Parkway. The MOU calls for a 184' rlw from Hunter Road fO Keller Road. and a 220' rlw from Keller Road to the Domengonl Parkway. Both typical cross sections call for 6-1ane Improvements thaI could be expanded to accommodate 8-lanes within the designated righl of way. The Clly's plan should be revised 10 be consistent with this MOU. b. The City plan has upgraded the designation 01 Ann Road to a .-lane PrlnclpaJ ArterlaJ as the planned roadway approaches the new planned interchange on 1-15 80IIlherly of SR 79 South. We agree with thla revision and commend the City for this cllClllation nelYiork enhancemenl. However, the City plan designates Anza Road In. the unincOrpQrated area as a 2- lane Rural Highway, while the Courity designates Anza Road as a 4-1ane Major Highway. The remafnder of the City pcll/on carries a similar 4-lane Major Arterfal designation. Anza Road, In combination with or as an alternative 10 Butterfield Stage Road, could funCllon as lhe "Eastem Bypass" which has been the loplc of muoh discussion belYieen the City and Ihe County. The traffIC analysis assumes that the 2~ane Aural Highway has ia capacity of 20,000 vehicles per day. Our analysis and experience with such 2-lane rural roadways Indicates that thiS Is an overly optimistic estimate of capacity, which Is more In the range of 13,000 vehicles per day. More over, lhe 2025 forecast traffic volumes on the northerly reach of Anza Road Indicates daily trafflo volumes approaching nearly 30,000 vehicles per dey. By either standard, the forecast volumes clearly exceed 2~ane capacity. II Is our recommendation !hat the City adopt a dasignation thaI more Closely reflects the County 4-lane Major Highway designation. . c. Rancho CaIWornia Road In the City Roadway Plan is also designated as 2- lane Aural Highway. The County designates this faolllty as a Mountain Arterial (110' rlw), which has a number 01 optional oross sections ranging from two to three to four~lln$s, depending upon traffio demand and local cond'rtions. At present the road Is a1ready3.lanes, which Includes a center left turn lane. It Is our recommendation that the City develop a standard to match the County's Mountain Arterial designation. I H.... tot.1r. ll-4b II -" Co 6. The traffic study lJlm"es the ICU methodolOgY to calculate level of service. and Indicates, .on page 2-5, that the ICU values are calculated on the basis of Ideal operaUng conditions, while. suggesting that physical constraints may If'" prevent Ideal conditions from occurring. The use of tI1e ICU metl1OC1ology 10 8-61 CITY OF TEMECULA ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE We believe that the use of the ICU methOd produces unrealls1fCa11y Optimistic results at several locations. For example, the study repor!$ an exlstlng LOS C at the 1-15 NIB ramp&' Winchester Road intersection. The HCM methOd for !his sam. location Indicates LOS E, whloh Is more consistent with actual 11-' observed operaUOns at this Intersection. Similarly.. the Winchester RoadlMargarila Road intersection Is reported to operate at LOS 0 lor the Co~ . exlstlng PM peak hour. The HCMmethOd indicates LOS F. egafn more . consistent with actual observed operation. As such. we believe thal the ICU methOd has consistently underststed traffic impacts for both existing . conditions and future year forecasts. In addition, the Drall EIR Is internally inconsistent with respect to the methoclology used to determine traffle /mpaols, as the Noise and Air Quality sactions of the Draft EIR have used the HeM melho<l and report different Iavels of service for the same Intersections. We recommend thatlhe level 01 service calculations be revised to consistently utilize the. HCM methOd throughoulthe document. The !raffic analysis only addresses impacts within the City boundaries, whOe other elements such as No/se and Air Quality consider the entire Planning Area. Including unlncolpOrated areas adjacent to ll1e City. Omitting the analysis oItralflo bnpaols lor the unincorporated areas is inconsistent wllh lhe remafnder 01 the draft General Plan. The traffic stlJdy needs to be revised and expanded to address the whole Planning Area. The baseline data used to establish e>dsting condi6ons Is very outdated I (200012002). Generally baseline data should be no more than one year old. . The baseline data needs to be updated to refleCt current !raffia volumes. Responses to Comments on the Draft fIR January 31, 2005 Mr. Dav/cl Hogan. Prfncipal Planner RE: DEIR for City 01 Temeoula General Plan Update P~e4 . calculate level 01 service is inconsistent with currant transportation Industry standards for traffic Impact analysis and lI1e Clly's OWn gu/clelines for 1I1e preparation of traffic impact studies. The Coun1y 01 R1IIerside reguires Highway Capacity Manual (HCM) methcclologlea to assess the levsl 01 service measurement. 7. B. 9. The traffic study lorecasts future VOlumes only 10 the year 2025. It is typical when anall"lng General Plan Impacts to evaluate build out 01 the . General Plan. WhHe the City.may assume that the entire City area will be bulldout by 2025. that Is not a reasonable assumption lor the surrounding area. We recommend that the analysis be revised and expanded to Include a buiiclout scena~o. ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE 8-62 II-ca 11-'" \HO CITY OF TEMECULA Responses to Comments on the Draft fIR ~ilnuary 31, 2005 Mr. Davld Hogan, Principal Planner RE: DEJR for City of Temeoula General Plan Update page 5 10. The traffic study, page I-I. Indicates that the traffic forecasts for the analysis were derived from the City of Temecula TraffiO Model. We would like to verify that this model Is consistent wilh the County's RCIP traffic model, particularly with respect to land use and network assumptions for the adjacent County unincorporated areas, as the future year forecasts do not appear to match with fOrecasts obtained from the RCIP model. 11-1\ For example, the future year peak hour volumes at the Winchester RoadIMunieta Hot Springs Road Interseotion are very low compared to forecasts Which have .u.ed the I'ICIP model a. a basis. Specifically, the northbound left tum movement Is ""own to be 0 and the eastbound left turn Is shown as 100 vehicles, while recent count data Indicates cUrrent volumes of 167 and 315, respectively. We can see no logical eXplanation S<JCh a drastic reduction in \\Imlng movements for future year scenarios. An RCIP model output has projected signiflcantlnoreases in volume for future years. We recommend that the traffic analysis be reviewed for consistency with the RCIP model. We are prepared to work with the CIty to address these issues and reach a mutual I understanding 01 \he tmfflc ImpaCl$ aSsociated with the CIty's new l3eneral Plan, along I' -12- with the CIty's approach to policies and programs which the City plans to Implement In order.to mitigate traffic impacts. Please feel free to contact Ed Studor, Administrative Manager, at (951) 95S-B767 should you have any questions or wish to discuss these comments further. Sincerely, ~ohn~~ Director 01 Transportallon GAJ:ES:es EnClosures ce: :Supervisor Jeff Stone, Third District . Tony Carstens. TlMA Director Greg Neal, Agency Program Administrator CITY OF TEMECULA 8~63 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft fiR in~I-~l_n _'-,---\\). I rT--'n""-~i- ''\1 I'~_u___! -i---.""---...----:.-~.f ~-p~ i I .: i '----, I I f-'--.'. :----J '..! -T ijJf~ '., . I I . . 'n..~__..L I ,; \ ! I. I , !, / ./ " ^ /\ - -----.../--.- ,,/ v < \ J " . \ '""\ \" ~'x: . /',,', ;/ // '\ \<' i Temecula . \..... l '..... \: ~ ; __ "', '1 \~\ _n., . / . ,", '\' '---" J ~ .'-~- \ /-----'--/ \j \.; \ J-- ! .---'- ; ~ Highway 79 Policy Area CJ Area Plan Boundaty .... @ ~c. ~ "--~-=-~" ~--".._~.,._"><,."..-'._. "'.....,..."."~...,..,,.'.."'-, .~ ,..,'""!....... ,.,.. L.:.'~~.,... ,_ "'~...,"'.~~ .'"'~......_._,.,,"'~-" ~......._-,;..'.. ~."~" ~,.'.",<i.._,,< -"""_"'<""_"" ....~._ ;;:;'.-':'~'~;:::":':'.:::::,~::':,7""':~,"::':;:;::;..';::::': ......-..,--.. "-'.,+,....._.'~..""',,"...;- ."...~,~ ~~::::.:;,::~~:::':;;;-~~:.:~::~.~.~:-:,1::;:::':: ~~. :..':': ': :'~ ::,~:;.;::: '.: .:;-;::;;~, :;.~..:.:, ;- ~;;:::;~ :,.. ,...."',..."'-.,~"''"_.o';."''" FigllrcC-2 RIVERSIDE COUNTY HIGHW A Y 79 POLICY AREA ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-64 (9....... ",' ..... , . R' ~. Responses to Comments on the Draft fiR County of Riverside General Plan Circulation Element C2.5 The cumulative and indirect traffic impacts of development may be mitigated through the payment of various impact mitigation fees such as County Development Impact Fees. Road and Bridge Benefit District Fees, and Transportation Unifonn Mitigation Fees to the extent thai these programs provide funding for the improvement of facilities impacted by development. C2.6 Accelerate the consttUction of transportation infraslructure in the Highway 79 Policy Area (Figure C-2). The County shall require that all new development projects demonstrate adequate tr,uwponation infrastructure capacity 10 acconunodate lhe added traffic growth. The County shall coordinate with cities adjacent to the policy area 10 accelerate the usable revenue flow of existing funding programs, thus assuring that transportation infrastructure is in place when needed. C2.7 Establish a program to reduce overuU trip generation in the Highway 79 Policy Area (Figure C.2) by creating Il trip cap on residential development within this policy area which would result in a net reduction in overall trip gencrntion 000,000 vehicle trip per day from that which would be aDticipated from the Genera.I Plan Land Use de.~i8natiOl1s a.~ cu.m:ntly recormnended. The policy would generally require all new residential developments proposals within the Highway 79 Policy Area to reduce trip geoemtion proportionally, and require that residential projects demonstrate adequate transportation infrastructure capacity to accommodate the added growth. Page Cl0 Chapler 4 CITY OF TEMECULA 8-65 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft fiR 8"0"::<,, i. . '",. . R \," m RoOf Aru Ratio (FAR) is measvted bydividingthe/'ll.llllbe(dsquarufeef ofbUilding by the rwmberdsquare feetdlhsparcei.For9X8lllple,a 1hr9&-story,6O,OOOsquanHool bvRrDng (20,QOOsquare fsef pel floor) ona2C,OOOsquar&-kJtiparcelhaaa FARof3.0. County of Riverside General Plan Land Use Element CommerciJll Re'lllil (CR) - The Commercial Retail land use designation allows for the development of commercial retail uses at a neighborhood, community and regional level, as weIl as for professionsl office and tourist-orienu:d commercial uses. Commercial Retail uses will be permitted based on their compaiibility with SUJTOllIlding land uses, and based on the amount of Commercial Retail acreage already developed withio County unincorporated territory. The amount of land designated for Conunercial Retail development within tbe County's land use plan exceeds that amount which is anticipated io be necessary to serve the County's population at build out. This oversupply will ensure that flexibility is preserved in site selection opportunities for future retail development within the County, Floor area ratios range from 0.2 to 0.35. (In order to more accurately pr~ect the actual potential for retail development within the County unmcorporated areas, and the traffic and environmental impacts that would result from it, the statistical build out projections for the General Plan EIR asswned that 40% of the area designated Commercial Retail might ultimately develop as commercia] uses. It was further assumed that the remaining 60% of the area designated CR would likely develop as residential uses within the Medi\l1tl Density Residential iange,) ColllltUrcifl.J Tourist (C7) - The CouunerciaJ Tourist land use designation allows for tourist-related commercial uses such as hotels, golf courses, recreation, and amusement facilities. Commercial Tourist uses will be pennitted based on their compatibiJity with surrounding hmd uses, Floor area ratios mnge from 0.2 to 0.35. Commercial Office (CO) - The Commercial Office land use designation allO'NS for a ...-ariety of office uses, including financial institutions, legal services, insurance services, and other office and support services. Commercial Office uses will be permitted based on their compatibility with surrounding land uses. Floor area ratios range from 0.35 to ] .0, Pollde.: The following policies apply to commerciaJly designated properties within the Community Development General Plan Foundation Component, as further depicted on the area plan land use maps, LU 23.\ Accommodate the development of connnercial uses in areas appropriately designated by the General Plan and area plan land use maps. (AI 2, 6) Community De5igD LV 23,2 Once 4()<'/o of the area designated Commercial Retail within any Area Plan is bu.ilt out. commercial retail development applications that are proposed. within that Area Plan will only be considered for approval based on demonstrated market need, as well as a demonstrated ability to accommodate the traffic impacts the development will generate. (All) LU 23.3 Site buildings along sidewalks, pedestrian areas, and bicycle routes ami include amenities that encourage pedestrian activity. (AI 3) Page LU-58 Chapter 3 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE 8-66 CITY OF TEMECULA Responses to Comments on the Draft fiR ~ ~ \ : ~ ) I // j,~ , ~_/ CITY OF TEMECULA 8-67 'e,\;. .~~7 ~ .W),W s '~C(_ ;1 z z '. <; 0 ;f ; ~ 0: ;:: < 'f <{ -' '. ~ ::::. n :::I. u I " <{ E i ~ ij; U i' .. f; , ~ ~ i) I. :t 'it j; ~ ,. d 1j ~ 1;' , ~ . . d V; 1 j $ ~ 01' 10 ; I ; " r .,,, :--',- , t ii , " h ~! . L~ @~ ~t21 l ~ ~;' <, ~ ~ j j-;':.J H ~ r ",-),,' I II ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft. fIR ~ , . f i'; ~ 181 i . ~ H c 8 0 0 ; ~ . g ~ ~ -0. o! l '. SuBMITrALTO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. t:;;A X!i l\Cll.\~ FROM: TLMA - Transportation Dept. SUBMITTAL DATE: June 7,2004 SUBJECT: Stale Route 79 MOU with Caltrens . ~ " ~ " '0 RECOMMENDED MOTION: APPROVAL of Memorandum of Underslanding with Callrans for Stale Route 79 North (Winchester Road) BACKGROUND: The Transportation Department has been Involved in on going discussions with Caltrans relative to access and right of way for State Route 79 in the French Valley Area. These discussions have lead to a general agreement relative to .the uUimale right of way configuration and access control along the route. Callrans previously entered Into a similar agreement with the City of Temecula regarding the _ portion of Route 79 within the City from 1-15 to Hunter Road. The subject MOU picks up the route at Hunter Road and continues through the French Valley Area to the Intersection with the Domenigoni Parkway. The MOU describes the ultimate right of way for the route which is planned fo be 184' from Hunter Road northerly to Keller Road. Between Keller Road and Scott Road the ultimate right of way is planned to transllion to a 220' right of way and remain at this width all the way to Domenigoni Parkway. This width is consitent with current planning for the State Route 79 realignment, which Is under study at present to the north through the Cities of Hemet and San Jacinto. The MOU also describes the uUimate access configuration for the route, with access generally limited to minimum half-mile intervals. Some existing acessspoints are planned to be eliminated in the ultimate configuration, as development occurs in the area. -- ~ ;; ~ 6 FORM APPROVED .- COUNTY COUNSEL JUN 0 3 2004 B~~Q_ ASSISTANT COUNTY COUNSEL EDS;jas ./7 /7/.,z /v~...... :>( /.~~ Goo . Johnson ,F Director of Transp~tion (Continued On Attached Page) MINUTES OF THE BOARD OF SUPERVISORS On motion of Supervisor Venable. seconded by Supervisor Buster and duly eanied by unanimous vote, IT WAS ORDERED that the above matter is approved as recommended. Ayes: Noes: Absent: Date: xc: Buster, Tavaglione, Venable, Wilson and Ashley None None Ju e 15,2004 T nsp., Caltrans, Co. Co., HR. Prevo Agn. Ref. District: 1 & 3 rm 11p (RI!V 0612003) F:'FILES.FORr.lll\SR 79 MOll U>"l.eed (~M_ 3 18 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-68 Responses to Comments on the Draft fiR 'The Honorable Board of Supervisors RE: Slate Route 79 MOU with Caltrans May 28, 2004 Page 2 of 2. New access points are planned and severai existing access points will be modified to improve geometries and sight distance; in some cases access will be restricted to right in-right-out only. All planned access points are for public street connections. The MOU prohibits any private driveway connections to the highway. During the time period that this MOU was under development, the City of Murrieta has annexed a portion of this segment of the route and is now a party to the MOU. The MOU has been executed by both Caltrans and the City of Murrieta. The Department recommends the the Board of Supervisors approve the three party MOU to aide us in the review of development proposals adjacent to the highway and provide consistency with respect to access and right of way requirements among the jurisdictions involved with this important artery. CITY OF TEMECUlA 8-69 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft ElR Memorandum of Understanding 08-Riv-79-PM R6.0/15.8 Hunter Road to Domenigoni Parkway City of Murrieta . County of Riverside State of California, Department of Transportation May 2004 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE 8-70 CITY OF TEMECULA Responses to Comments on the Draft ElR MEMORANDUM OF UNDERSTANDING STATE ROtITE 79, HUNTER ROAD TO DOMENlGONI PARKWAY This Memorandum ofUnderslanding (MOll) is between the State of California, Department of Transportation (hereinafter Departmenl); lhe City of Munieta (hereinafter City); .and the County of Riverside (hereinafter County). This MOU consututes a guide to the respective obligations, intentions' and policies of the City, County and Department to follow in reviCY(ing, approvin'g and conditioning new development along State Route 79 between Hunter Road and Domenigoni Parkway. This MOU addresses the existing facility and acknowledges planning efforts for the ullimate constmcuon of State Route 79 to a 6.lane controlled access expressway by the City, County and Department. This MOU does not authorize funding for project effort, nor is it a legally binding contrac~ but is designed to provide pertinent criteria upon which development review decisions may be based: Development review criteria: l UDvrade of Existinf! State Route 79 to the Ultimate ConceDl ~actlitv The City, County and Department concur with the ultimate concept facility requirements stip.ulated in the approved Transportation Concept Report for State Route 79 that designates State Route 79 as a 641ane divided expressway with partial control of access. The aligruncnt . wilt' generally follow the existing centerline; however. the ultimate facility should be evaluated for a potential new alignment southerly of Keller Road. Existing and future access locations are depicted in Exhibits A and B. /1 Interim ImDrovemen.t Projects Interim improvements to the.facility include widening of the facility from two to four Janes and a two~way left turn Jane, and the signalization and widening of local street intersections. Additional spot improvements are anticipated as traffic demand increases. (Exhibits A, B and C). ill. Local Jurisdiction's Plans for Existinv Alirmment of State Route 79 The City and County -agree to preserve right-of-way along the existing alignrnenl for an ullimate 6.lane expressway: three !ravel lanes in each direction. The City and County shall hereafter protect right-of-way for 56.12 meters (I 84-feet) from Hunter Road to Keller Road, per Exhibit D, and 67.2 meters (22().feet) from Keller Road to Domenigoni Parkway, per Exhibil E, for the 6-lane expressway through development review, and condition development through their land Use planning and pennit process. 2 CITY OF TEMECULA 8-71 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft fIR IV. lnlerITovernme1Jta/ Rel'iewlNatio1Ja( Environmental Protection Act (/GRlNEPAJlPermiu The City and Counly will actively participate in the project notification process and will submit new development plans to the Department. The Department will evaluate the impact on, and the mitigation of impacts to stale transportation facilities. The Department will ensure that impacts to i11frastmcture under its jurisdiction are fully disclosed -and that reasonable mitigation is recommended and implemented. V. lmDrovements and Access Control-Existinv State Route 79 The City and County agree to limit access to State Route 79 in accordance with the Department engineenng standards. Any proposed or reuse driveway access will be restricted and any proposed street or Jocal road intersections will be subject to negotiation with the Department (See Exhibit A). VI. lntentions The following criteria and related intentions have been identified and agreed upon by all parties: . . The Department, City and County wilt jointly not approve new access along State Route 79 within the limits of this MOU where access can be gained from a local road. . AU existing private driveway access will be eliminated, In the interim. where access driveways cannot be eliminated, due to a lack of ~xisting alternate parcel access. access must be combined to serve multiple. properties, wherever possible, and shall be restricted to rlgbt- turn in azid right-tUTU out only. Raised medians, acceleration and deceleration transition lanes will be utilized where appropriate. hnplementation of these control measures will be detennined on a case-by-case basis. . The City and County will condition developers for dedication of the right-of-way widths (as addressed in Section III above) wi_tl4n their jurisdictions as adjacent parcels develop along this route segment. . Negotiations will continue between the Department. the County, and the City for the reconstruction and realigrunent of interim improvements to the state facility. . Cooperative agreements may be required in the future to accommodate improvement projects unknown or unforeseen at this time, 3 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE 8-72 CITY OF TEMECULA Responses to Comments on the Draft EIR This MOU may be nlOdified BlIlI\JI limo by Ibo asreement oflbo parties hemo. Attachments (Exhibit. 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I 0: . tI x ~ oJ) @:i;:' i<; .- -I ~ .. x", " ""1 - ~ W (Jl 0:1!!l :l: ", S 0 .. ~- 0: @ ~ I , 1 , , 0' ....'" , 0:, 0. .... ~ J ~ 0; __ - _ .., ;lI CJlI N03' 3Ynln~1 , ~, ill it' '"L w !I, " , 51 :;l '" , .. . .. '" , go: , - ~ z _ , i .. I '" ~ ., ~ '''' '" _ !J a: ~ " @20. .. " J '" /~ . ~ ~ " .. CITY OF TEMECUlA ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE 8-75 Responses to Comments on the Draft fiR Inll al80ll(lllll aNY IlNIJ.81Xi1 III lI.LYJ.8 ; .. N I...'" 1:C ~ ..- I; ~ I'" 0 ...~ I'" n 1!5 cr S '" I'" .. I ~ i ~ I :f t ~ -~ ... N I >~ ..ij rr I ,! ~ Il'l\ ' l:; !!<!i. Ib'l; - I J! lS '.,- I!~ w ~ @2 ~ '" @ l;! Q .. II: ~ '" i ~ c .; II. ;;: II: '" C .. ell I ~ I ... I:!", >~ I j!:~ II ~~ ~... I ~ " .. '" .. -- '" '" '" n .. ~ '" ~ ~ ;;: '" N ;;: @ N .. i ~ .. , ~ .. 0 " ;;; ~ ~ i .; ~ 0 .; '" a: Ii "' a: ..: '" .. '" ~ .. r " .. ~.... I t .01 e"' I a: . J ~ U; :r ~ ----~ If .~: I: O~ NO]' 3HnlnJI \. ~ ~ I :it @I .0 e.;::: Ie ~l "" "Nl" ';;1 -r... L>I ~ I"d ;; ~ ~ ll! :1 tP.: ~ ~I 0,,0. ~ ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE '~L-~S 01 lft1nJION]dH3d 03N011Y311 38 OLlI~ * '1S Y'138Y ONY AOHHflOd 3l11\1nJ 01 OlNOI1Y311 38 01 It* '03!YNlnI13 38 01 .. 'S1NIOd SSlJJY 035OdOHd QNy ONUS/X3 03^OlIddY JO SNOI!YJ01 @ ION30: " @l;! * .. " " a: ~ ~ '" ~ ": " :ll N cr " '" S .. "' * 0 Q N II: ~ . ~ ell 16 II: '" II. ; (ij;)~ '" o " ~ ,.; ;; i " - e N . g > . ij i .. e.; ..: " ... ~ N ~ ~ 8-76 @ ~tf' ~o G ~~ -I . '" :;; '" ,.. - :g @P ~ _.. Q. a::: ~..: ~Q. tJ -- r ~ 0'Ir.:::\. - ~\.:;:.I~ 0 e ~ '" o "' @::. ",. Q .. II: ~ a: ~ \If '" "" ,; '" \If ",' ;; e- ~ ";;* '" ~ !s "J.. .:~ ~. ...tt. ~ "'.. " ::i-~ U .. @ \';i. \: \~ ~ , :> .. CITY OF TEMECULA Responses to Comments on the Draft ElR z ~ ~ .... t.l ... 5 8~ w~ iii !S~ tl l! ..1 ~. II ~ ~ ... l , ~ .. ~ ,",w a . CITY OF TEMECULA "!.. .~ .- 3 ~ OJ . - . " - . . . ~ !,; ~ = - - ..;:: -~ fo-'-'-'-'- !"" ~ ::~ ~ ". - ..;. = - l "l r. 8-77 ,. . ~ ~ i o ! .Z" hOle .... ~8i Ooi z,. "a~ ~.. ~ =m.. ,. ~ Z . o .. . UI ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft fiR ~ ~ 2 a is ~ " - i ~ oJ ~"'': . "! 0- S. = ~ i~ " " = " .. ~ ~ &;;j~ ~ " h.... i . - - "0. "'I' -- -= ;"i ~ . ":~ ~IZ i ~- - III..: .. ...... ~'t<-,.;, -!- .~ .. =~ = . 0 " .. ~ .0 - ~ ..;~ : ~ ~ 01 ~=- ~ " "t S W. < 8 . ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE 8-78 Q I ~h i:I ,., i ~ CITY OF TEMECULA Responses to Comments on the Draft EIR ~ . ~ ~ ~ . . ;~ . .. .. o~ a 8~ ..;!! 5" :c 1:1 II ~ Ii: f; CITY OF TEMECULA . . .. ~--- 2 ~ '" :! . .~ ~. . i .- e~ ~ . ~ wQ:- . 0 - - . - ...:-.W .~ Il\ !! it - ~ Q -._.~ ~ . ,; . ~ ~~ . . - o. . 0 ~...=: I:f .- e~ 1 0- ..;~ ~ .. ~ w ~ ;; o .... :!; ~:: :)~= oo~ ...." .. w ...0.. :cC:;r: ;~; :::. w . a o . ~ 8.79 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft fIR 11. George A. Johnson, Director of Transportation, County of Riverside, Transportation Department. January 31, 2005. Response 11-1 The comment is correct that the City's General Plan does not address freeway capacity or impacts. The commentor requests that the City analyze impacts to the freeway. The General Plan establishes a policy framework to guide City land use, circulation, economic development, and related decisions through the year 2025. No new development projects are specifically proposed by the Draft General Plan. Furthermore, the General Plan does not provide for significantly increased planned land use intensities that would negatively impact freeway capacity within the Draft General Pian. As stated on pages 5.13-1 of the Draft EIR: "Temecula's circulation network includes freeways, principal arterials, and a well-developed local road system. Interstate 15 (1-15) bisects the western portion of the Planning Area and provides connections to other regional freeways in Riverside County, San Diego County, San Bernardino County, and beyond. Interstate 215 (1-215), located north of the Planning Area, provides direct access to the communities of Moreno Valley and Riverside." These freeways are beyond the City's jurisdiction. The City recognizes the need to address regional impacts to the freeway network. As a result, the City is participating in an inter- agency process to address and mitigate impacts to local freeways. In addition, the traffic analysis conducted for the Draft EIR evaluates the impact of General Plan land uses upon the freeway through analysis of 15 freeway ramps located within the City, and the General Plan Circulation Element includes the following goal and policies regarding regional traffic impacts: Goal 2 A regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community. Policy 2.1 Actively pursue the construction of system improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta, Riverside County, the Pechanga Band, and local developers. Measures should be taken to preserve anticipated right-of-way needs and to identify funding mechanisms for needed interchange and regional arterial improvements. Policy 2.3 Actively pursue improvements to current freeway interchanges within the City and construction of new overpasses as required to achieve performance standards. Implementation Program C-l0 . Work with the Riverside County Transportation Commission (RCTC), Caltrans, South Coast Air Quality Management District (SCAQMD), and other regional agencies to coordinate local street improvements with major transportation system improvement projects such as additional access to 1-15 and construction of a bypass route around T emecula. ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8.80 Responses to Comments on the Draft fiR It is the practice of the City of Temecula to apply conditions of approval on projects to construct and/or fund in whole or in part necessary traffic improvements associated with the proposed project, through the assessment and collection of traffic impact fees. As applicable, individual development projects will be required to determine a project-specific impact on freeway facilities and identify specific mitigation measures to reduce such impact as part of the City's standard review process. Project-by-project review, combined with implementation of General Plan policies and programs, will ensure a less than significant impact to freeway facilities. No further analysis is required. Response 11-2 Please refer to Response 11-1. Response 11-3 The County's Highway 79 Policy Area assumptions and procedures differ substantially from the City's purpose and objectives in adopting the Draft General Plan and specifying planned land uses within the French Valley Future Growth Area. The primary reason that the City of Temecula has elected not to incorporate the County's Highway 79 policy into the Temecula General Plan is because the City's Land Use and Circulation Elements are internally consistent. This means that land uses and the roadway network serving T emecula have been analyzed under the same assumptions and conditions. The reason the Highway 79 policy was developed for the County General Plan was because the County's Land Use and Circulation Elements are substantially inconsistent. As a result, the policy was needed to reduce the disparity between the two elements. The policy is therefore not a necessary component of the City's General Plan. Response 11-4 The County's policy relative to commercial development, as described in the comment, differs substantially from the City's purpose and objectives in adopting the Draft General Plan and specifying planned land uses within the French Valley Future Growth Area. Therefore, the City has purposefully chosen to assign different land use designations within unincorporated areas of the Planning Area than current County plans provide. Furthermore, the City has chosen not to implement the County's policies relative to commercial development, as these are inconsistent with overall City objectives for outlying areas specified throughout the Draft General Plan. Additionally, the City of Temecula has elected not to require a monitoring system for commercial development because the City has created Land Use and Circulation Elements that are consistent with one another. As stated in Response to Comment 11-3, the City's systems have been developed to balance each other. The reason the Highway 79 policy was developed for the County General Plan was because the County's Land Use and Circulation Elements are substantially inconsistent. As a result, the policy was needed to reduce the disparity between the two elements. The policy is therefore not a necessary component of the City's General Plan. CITY OF TEMECULA 8.81 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Commenrs on the Draft fIR Response 11-5 The Draft General Plan Implementation Programs represent commitments of the City to implement policies stated throughout the General Plan. Many of the Draft Implementation Programs are required as mitigation within the EIR and further stress the City's commitment to implement the goals, policies, and plans described in the Draft General Plan. As stated in the Draft EIR on pages 5.13-18 and 1-14, long-range implementation of the General Plan will create new deficiencies at six freeway ramps. Both of these conclusions are consistent with Table 4-2, Peak Hour Ramp Volumes - 2025 on page 4-6 of the December 14, 2004 Circulation Element Traffic Study prepared by Austin-Foust Associates, Inc. Typographical errors on pages 5.13-18 and 1-14 of the Final EIR have been revised to read as follows: . Winchester Road northbound off-ramp - LOS F at A P.M. peak hour In response to the last paragraph of this comment, the following sentence has been added to the paragraph before Table 1-1 on page 1-7 of the Final EIR. Table 1-1 summarizes the environmental effects associated with the adoption and long-term implementation of the General Plan, the mitigation measures required to avoid or minimize impact, and the level of impact following mitigation. The mitigation measures will be implemented through various Citv departments or other responsible parties and the Citv will monitor and report on each particular mitigation measure upon certification of the General Plan EIR. Given the programmatic nature of the EIR and the long-term time frame for the General Plan, the policy statements, Implementation Program, and mitigation measures serve as effective and appropriate means of addressing impacts. In particular, please refer to implementation measures C- 3, C-4, and C-6. Response 11-6a This comment requests changes to the Roadway Plan in the Draft General Plan Circulation Element and does not raise any environmental issue associated with the Draft EIR. The recommended change will be incorporated into the final Circulation Element. Any concerns regarding the Draft Roadway Plan map should be expressed to the Planning Commission and the City Council at the public hearing scheduled for adoption of the Draft General Plan. Response 11-6b This comment addresses designation of portions of Anza Road on the Roadway Plan contained in the Circulation Element of the Draft General Plan. It does not raise any specific environmental issue related to the Draft EIR. The City concurs that the current designation of Anza Road within the unincorporated portions of the Planning Area as a two-lane Rural Highway may be inadequate to handle the future volumes anticipated for that roadway without further clarification. ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-82 Responses to Comments on the Draft fIR The City will clarify the ultimate function of this roadway segment as a segment of the "Eastern Bypass" and rnay take steps in the future either to reclassify the roadway as a four-lane Secondary Arterial or to clarify that the Rural Highway designation is an interim designation for the roadway, specifying that at least an 88-foot right-of-way must be provided to enable a future redesignation of the roadway as a segment of the bypass. The Rural Highway designation allows for a right-of-way of 88 to 150 feet, thereby providing future capacity for additional lanes. Any concerns regarding the Draft Roadway Plan map should be expressed to the Planning Commission and the City Council at the public hearing scheduled for adoption of the Draft General Plan. Response 11-6c The City's Rural Highway classification, as described in the Draft Circulation Element and on page 5.13-9 of the Draft EIR, accommodates the County's Mountain Arterial designation. The Rural Highway class allows for a right-of-way of 88 to 150 feet, and while typically the roadway is designed as 2 lanes undivided, it has capacity for additional lanes. Response 11-7 Both ICU and HCM methodologies are industry standards for traffic analyses. The HCM is typically used for existing conditions or for short-range impact analyses. The ICU methodology is used for long-range planning where detailed traffic operations parameters are not known. The traffic report recognizes this and on Page 2-5 states the following: "ICU values are calculated on the assumption of ideal operating conditions. Short roadway sections, which cause vehicle queues to block adjacent intersections or inadequate turn pockets, can prevent ideal conditions from occurring. Examples are Winchester Road on both sides of the 1-15 Freeway interchange and Rancho California Road on both sides of the freeway interchange." For 2025 conditions, the study does not attempt to speculate on signal timing and phasing or signal progression, etc., and uses the ICU methodology which establishes volume/capacity (V /e) ratios and hence shows how much future capacity is being used at the principal intersections. Reporting the amount of delay (e.g., LOS 0 versus LOS E is 55 seconds versus 57 seconds) may be understandable to traffic practitioners, but is not useful or understandable in a long-range planning context where capacity is the issue. Response 11-8 The traffic study gives future average daily traffic (AOT) volumes for the entire Planning Area. The existing peak-hour intersection analysis addresses only those locations identified as principal intersections, as described in the Draft Circulation Element. The number and location of principal intersections will change over time. All are currently located within the existing City limits. As areas are annexed into the City, the principal intersections will be expanded and as noted in the Draft Circulation Element, this will be an administrative action rather than a General Plan Amendment. As part of the General Plan's implementing mechanisms, the principal intersections will be monitored over time, and new intersections added to the list as appropriate. CITY OF TEMECULA 8-83 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft fIR Response 11-9 Per Public Resources Code S 15125, Environmental Setting, the baseline for existing conditions are "the physical environmental conditions in the vicinity of the project, as they exist at the time the notice of preparation is published." The Notice of Preparation for this EIR was published on June 4, 2003. The existing conditions data for traffic for this EIR was collected during 2002 and are acceptable for use as baseline traffic data. Response 11-10 When analyzing General Plans, it is typical to choose a horizon year for which a formal set of demographic or land use forecasts exists for areas outside the City. The traffic forecasts then are used to evaluate a future scenario in which the City is built out in that horizon year and the land use forecasts outside the City are used as background for that analysis. At the time the traffic study was carried out, demographic projections were available for 2025, and since they were the basis for the countywide RClP traffic forecasts, they were also used in the General Plan Traffic Study. Use of this data provided consistency with the RCIP and ensured that traffic forecasts were set in a regional context of accepted and documented land use projections for the surrounding area. Response 11-11 The City of Temecula Traffic Model, as described in the traffic model documentation, is consistent with the County's RClP traffic model. It essentially provides a finer-grained derivative of the RCIP traffic model with the ability to provide more detailed forecasts within the primary area. The forecasts do not match exactly with those from the RCIP model for two reasons. First, the City's model employs a more detailed network and zone system. For example, the RCIP does not include some Circulation Element roadways, and the RCIP's large zone system is adequate for regional level forecasts, but not for detailed intersection level analysis. Second, the land use forecast data for the Draft General Plan, as derived from the Draft Land Use Element, are not exactly the same as the RCIP data for the primary area. With respect to the Winchester Road and Murrieta Hot Springs intersection, the diagram in the Draft EIR and traffic report inadvertently gave the wrong location for intersection #31. (It is actually at French Valley Road somewhat to the north.) The Murrieta Hot Springs Road intersection with Winchester Road is #30, and the 2025 intersection capacity utilization (ICU) data is summarized on the next page. ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-84 30. winchester i Kurrieta 2n25 Proposed Cir.:. (Balle Case) 'f~.' "co", ;}.}i?,~ :'ftP""LITY V:'i. 1i50 50 7Ci')( '!.U\ r!.)( 320 l'i.'y,'1 :(1) 'iV)( :';1) 1::)0 110C 3':00 1jG !,~5( l"H} 3"G 513:: ~;;r <:;"T 3.:;; ~Er :::,1 SSR ie" ;;5(' "liS( ;;87 i',.'l" J\i:., [;rJjli.sc-;:,ar.c :n:1?t'0.l Responses to Comments on the Draft fiR 31. Trench "ialhy i nUtriet3; 2025 Proposed Cire. (Base Case) J;!ifrnCil]? r-H ?K "0'H'_ ,!;.,N !':,,' rr0lT r1J fK fi0U)1 Vff. VOL vie lME2 C;'.P.~,C:-I~ 'X:;; :~ '."' vie NB: " , ~, ,r - 1 0 , , HilT rIB;; - , S0 ??,S , , _'w~ c:;n ,'i iF S ll:R (} [N, i; ,,[17 :i 25(' ~0X ... , ~~"' " , " ~ , so : l\i " NR-t- 3~OO -1; , 'ii , ::n 2. , I'lf}T S ,'i(' . :2 ,J ,. .. Wl3F: .Os- 23( 2?J0 1(: ..12' ,:2 .;;1 y,,. .;1;+ ;"PC , ~;' 1})( .'-f .07 51;; .17' >;,' ~~<'.~' '.i' " ;:(1 ':10 2t) .01' K .':; n"f' SE!1 2.(;. ss~: ',If,l:oL'lIr:, Cle:,lO!,(::.. .J.O' .if)" IJ:te; ."";Ln.,,s 8.igt.t-'[m::n (rf>2rliip f'~r SSR 1.25 TOTAL CAPJi.CITY UTILIZATION TOrAL CAPACITY UTILIZATION ." 1.32 .9S In this regard, it should be noted that the Draft Circulation Element includes an east/west roadway connection between Winchester Road and French Valley Parkway just south of Murrieta Hot Springs Road. At one time, French Valley Parkway was planned to intersect with Winchester Road at a point north of Murrieta Hot Springs Road. That is no longer feasible because of development approved by the County, and the intersection between Winchester Road and Murrieta Hot Springs will have inadequate capacity in the future, as can be seen from the ICU. Hence, this new roadway link has been added to allow special circulation/operational plans to be developed to address the problem. The intersection forecasts reflect this, and operational configurations using the two roadways will be studied in detail with the City of Murrieta sometime in the future. The ICU calculations displayed on the next page for the four intersections involved show an example of how this might operate, but the concept has yet to be explored in detail. CITY OF TEMECULA 8-85 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft ElR 30. Winchester.. lbrrieta 2025 Pwposed eire, lv/Parallel Rdl n, French Villey &; Murrieta ,n}. H8'; h8P 5BL :iiL 3?F<. f'.J:, EI,L' t:B.R ({3L <(8':' ,,;all '\NBS ," 0 ,;'~.':T'1'y , >') 'J 17,;;(' 70t, ]7:;', 175,: 7(.)(' n':;r ,7:'( ~~S0 (, :E0(; ;,1.';(' AY. ,,~ no:)? r,,,, ?K EC')R 'ii''!., 'i, 2025 Proposed Circ, Iw/Paralhl Rd) .f''' IE!, ;J, ~K :'[7:):;, lNES ,'Mi_aC t' ,;;: '.'/(' +) fJ 'JGL V/C &20 ~ lG .0.1.' e: .12 iVY, ,;:3 :1:1 N,,; ,,j(:' .n l;aT l?:D ;~ ,(; /;{) ,'<, . Q ~, .S3L rCJ .)~ ' 132:1 .<::<':' ,Jti ,!;;'j .r:?R J) ; ,,:W SO .ri~ ! ,~.-, .06' t3t. R2T p~ JIi);: .22 I.;;() G";u ~l; .(,1' 2;;: .Bi 031. ti3':' W3F jln .2(,- . ,.~ 130 Rl<:J..~ T'lU') !'.<i1"st::Cr\~; Cl":;r;;"]-A! h!~:'1'11 ;) 'is(; 57.50 e, I ~ Q,~':: ",1; ?di,I"t:;,f.,:: Sh<l .02' ~ '",1''''''' {r,tu",,1 ,l~V .,,, __ ,,," ,,,,'oC,"" '-iq'Hm "'."L', '=-=~__~_____j TO'1'AL CAPACITY UTILlZATIOIf , fj " o " o 1 350(; c :7,':0 t () G :?'1() :i$C ... .OJ TOTAL CAPACITY UTILlZATIOH H, W1nchester & Parallel I 2025 Proposod Cir~. {v/Paulbl Rd} I iiRT :'Hr~ :::9:-, ,',3L ,<i;;;- 1) ..iSf. "HI. i\BI, ",j ::81', ,~3:. ,.,,).1[,.i'C>e"Li,['-J\;;,:l U-l,?}; ,. "-rn,"~ D , , t I) ;!:!( it'l0 ~"i)( 3,~O(; 1'))0 TOTAL CAPACITY IJTILlr.A'I'IOIf 49, FriliJIlch valley r. Puallel. o , :S1?0 4},) 3&0 1G8() (\ ;;~f Fh: H0'l~ 'leI \-:T l;>,< i'K E<:? ';c-r. ;/: 2025 PropcsGd eire:, {w/Panlld RdJ IJ! 'j()i);.- .',,- \'/::. "lC ,(ii' :eL LiltliS c:+.t,CrfY o S2.~0 , , ",50 >;v; ',:,(; e, c c c ,^ TOTA1 CAPACIl'l !JTILIZATIOIt , nO ",<! ~ 10 ~80 , J320 ., 4(' .S< .6E L.o:'.1 T!lrr, l>cJl :SL1<;fj: Cle~o.hCB: !r.t2Yvd :kt'2; F.53'J:.e5 RbLt-luUl (-"-'",11,,:' -I ~LfYc E~~~ ! ,0J,' .i)f' I I I '1" r;Ui .D9 .1} ~() lH; N8i< ,) , o , o J;;0,~ ,)} 5.',~ .:n , :;::<1 1 ~ ~Q 1.2:(; .:1' i V"~ :1;:( :3()~ n;:-:; ,i2 iDe I .7(,> i .11 1 01) $3.'\ ,:r:> ~}0 .Z~ . r,,~C , .J,)> 9Ci ~:3t f,r,- 0''':0 . I; J ~5: .'jc\ sc-(; .Ii ,J(> HH!i ,:2' t' I - .79 t1~1. :'i,,;: i^Ui'. . !.(I' .74 :':1 b ,l(JiJ~ <!OL .." .-::(' .21: G~J 1:[;2 ,::i' .5, 2~ , .J. ;::~:' =13;) .iF t:' .02 i:i): .-1 :m? .10' '",.. ::!'ii\ .77 .n For the Draft General Plan, the important component is the new east-west roadway, which will provide options for solving this problem, which was created when the northerly extension of French Valley Parkway was made infeasible by the development approval noted above. Response 11-12 The comment is noted. The City will continue its efforts to work with the County of Riverside Transportation Department, as stated In Draft General Plan policy statements and Implementation Programs, to coordinate transportation improvements within the Planning Area. ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE 8-86 CITY OF TEMECULA Responses to Comments on the Draft ElR - lttAWnF r:!lIRlRt.IIA - NATIVE AMI:RICAN HERITAGE COMMlSStON 91GCAPrroz. MAU., ROOM 384 SACRAMENtO, CA Q58'f4 (911)- (911)6S1.esso-Fox AII'NlWAd- ~.IIIIIlW. ~ Jan_ 31, 2005 Mr. Da'o1d Hogan CIlf ofTemecula 43200 Business Park Drive Temecuta. CA 92~ Re: Proposed Citl' of Temecula G""""" Plan Update SCH# 2003061041 Dear Mr. Hogan: Thank you far the oppolIunlty to comment on the aboYlH11eotionod doc:ument The commission I was ebIe to conduct. SOCt8ClLand. FIle ...rch for lhIs projeel, which 1dentiHI!ll no racollfed sileo wltllln the "'*"'..... The absence of.....nted siU!a, on _the Sacred landS FIle or tho Slate or N_ HisIoric Regl_, however, does not predude the posoiIllIIty IhaI ~ oites may ellIsI on the p~l1y. On March 1 of this year. i.J:JcaI Govemmenls wUl be requIred to comply witII Senate BUl1e (Chapter 905, 2004 SI.M",,), wnlch requies cons_ with _oprlale NoIive American IrIbeo _f<Ii19 ony amondmenl to . _ Plan or SpectiIc Plan. TIle GooOl8l Plan Guidelines wIU be amended to _the new low, which IncIudell a raqulremenl to conlllCt tha Native Amerlcan Heritage commission for the approprlale Ir1baI con1aC\1l. Becau..thls laW will be Implement sI1orlIy, we encoursge you 10 ini_tho consu1lallOn ""'"""" now for the Genoral Plan Amendment ~ under consfderl.tJon. (To read a copyofth8 d1aptered law, pleasogo1o http'/linfo.sen ca tov/cf!li~ hinlJl:P~QJlerv?hi1l nllmhe~b J8&!;e.c:~PREV &hous:e=:B&.c:iti'!=U'.nl . e.rIy consuflatlon with tribes in your ar.. Is the beat way to avoid unanticipated dlsco\lOl1es on"" a projed Is undelway. Enclosed Is ali8l 01_ AmerlcanslndMdualslorg_ thot may h3vo uilIQuo _ge of cllIlural resources in the projed..... Tho CommI..lon ma\<es no reoommondetlon of. single indIVIdual <<group over another. By contacting aD tII050 listed, your organization wUl be_r abloto respond 10 _a offallu... to consult with the appmprtate lribe or gJOUJ>. ~YO\l hove not received e fll8POI1SO within two weeks' time. we......mend 1het you _p wfIh 0 telephone coI1 tornalo> sure thot tho infom'lelIon was received. Leek of surfece evidence of archeologIcal reooun:es does not pteClude the exIstenCe of archeologIcal resources. I A#ld l3aenales should oonalder avnirtance aa dafined In ~ 15!70 d the ~A GuldeJirw.s. when sIonifioant aJlturAl MlXMJrcea f'<NIWI MIlI<<-IM. ProvIsfons should also be inCluded for occIdenle1ly dIsooveIed an;heoIoglceI....urces during conS\nlolio!l per CeIlfomia Enwallll..ntel QUe1lty Act (CEQI>.), Publlo R"""",ces Code 515054.5 (fl. H08Ith end Safely Code 57050.5; and Public ilesou.... Coda 55097.98 mandata the process to be followed In tho event of en otcIden1ol dlscovory of any human ...malns in e Jocetlon olherthan . ded_ cemetery and should ba Included In all environmental documents. If you hove any.".-., pi..... oontacl me ol(916)663- 8251. LeT'TU. 11- 11..-1 \\...1. l \. --3 6Incerely, Co: S1a1e ctea~r>ghOUll8 CITY OF TEMECULA 8-87 ENVIRONMENTAL tMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft. EfR NatIVe American Contacts R/vSrsJlIe County January 31, 2005 Cups CUHural Center (PaIa Bancl) WilHam J. eontrerllS. Archaeology and CUltural Res. P.O. Bol( 455 LuIsenO Pals ' CA 92059 (760) 742-3784 PaIa Band of MIssIOn Indlans Robert Smith, Chairperson P.O. Sol< 60 Pals ' CA 92059 (760) 742-3784 (760) 742-1411 Fax LulsBno CUpeno Pechanga Band of Mission Indians Paul Macarro. Cultural Resource centsr P.O. Sol< 2183 LulsBno Temecula , CA 92593 . (951) 308-9295 (951) 5OlHl491 Fax 11lIs Ust '" ounent only M of tilt dMO of ",,,~OCUm&lftt D1strlbutlon outulllt doeS I1O! rellBvellt'lY I)efSOn of statUtOry telilpl:!ntlblll1y IllI deflnld In SeotIClln 7090.6 Of 11Io HlllIUI\ IInd ... CoA, SOCtion 60&1-14 ofth8 Pullino Aeao\ll'Cfl$ Code and $8eIIQn GOf7.18 of1!le PvJ)HO AeIGuIces COda. TNa [1st 1$ ont! ~ forcont8Cdnll klcle.f NidlgAMetloanawlth regard 10 culbmll r8IGUI'Oe _oUl'~"tof'thD propoMd caret ralllKUla "GenlNII PI... Upd&W, SOHI2llOSGG1OC1, AMlnlklo eoumy. ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-88 Responses to Comments on the Draft. E1R 12. Carol Gaubatz, Program Analyst, Native American Heritage Commission. January 31, 2005. Response 12-1 This comment provides an introduction to the Native American Heritage Commission's comments on the Draft EIR. The comment indicates that although there are no recorded sacred sites within the Project area, the possibility of unrecorded sites within the Planning Area exists. The City acknowledges sensitivity to sacred Native American sites and has addressed this issue with mitigation measures included in Section 5.5, Cultural Resources, of this EIR. Response 12-2 The comment is acknowledged. Maintaining a good working relationship with the Pechanga Band is important to the City. As a result, the City initiated early consultation with the Pechanga Band of Luiseno Indians regarding the General Plan Update. The City understands that an agreement with any impacted Native American tribe must be obtained for approval of development proposals that impact tribal lands. The Draft Open Space Element recognizes the requirements of Senate Bill 18 (Chapter 905, 2004 Statues) and addresses consultation with Native American tribes, and in particular the Pechanga Band of Luiseno Indians, through Policy 2.1 and Implementation Program C-11. In addition, as a result of this consultation process, new Implementation Measure OS-39 will be incorporated into the General Plan as follows: 05-39 Tribal Cultural Resources Development projects proposed on previously undeveloped property which involve earth- disturbing activities or which are located in areas with previously identified cultural resources need to comply with the following requirements to appropriately address tribal cultural resources: . All projects shall be evaluated by a qualified archeologist by conducting a site records search, and if feasible, a Phase I walk-over survey, and if necessary, a Phase II survey prior to project approval to identify the potential for the presence of significant cultural resources. . If significant resources are located on the project site, or a high probability for cultural resources exists, the Pechanga Band of Luiseiio Indians shall be consulted in the identification of mitigation measures to address impacts consistent with State requirements, including provisions to address inadvertent discoveries. . During on-site grading activities in areas with cultural resources, or with a high potential for cultural resources, a qualified archeologist and tribal monitors shall be on-site to monitor grading operations. . In the event of the discovery of a burial site, human bone or suspected human bone, grading in the immediate area shall be immediately halted and the site protected, and the County Coroner and representatives from Pechanga Band of Luiseiio Indians notified. Agency jDepartment: Related Policy: Planning, Public Works 6.10 CITY OF TEMECULA 8-89 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft fiR Response 12-3 The comment states that the EIR should provide provisions for accidentally discovered archeological resources during construction. Per Public Resources Code S 15064.5(f), Health Safety Code S7050.5, and Public Resource Code S5097.98, Cultural Resources mitigation measure CR-1 on pages 5.5-7 and 5.5-8 of the Final EIR addresses this comment and applicable State laws. This mitigation measure, combined with long-term implementation of policies in the Draft General Plan, will avoid or ensure less than significant impacts to cultural resources. Furthermore, the CEQA process required for individual projects will provide for identification of cultural resources and require appropriate project-specific mitigation. ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-90 Responses to Comments on the Draft. fiR TEMECULA VALLEY Unilied School Disiricl BOARD O~ rnUCATJON RoblIrtSrown ~3rY'lEdw3r.:l9 ~~r1.MOI'IU Ke~nelhAay e..~.Tooket SLJPERINTeNDENT' DlWid B~Aii~'" "-'.. - February 2, 2005 Mr. David Hogan Planning Depaltment Cit)' 01 Temecula P.O. Box 9033. Temecula, CAS2589-9033 SUaJECT: . Temecula General Plan Update - Environmef'ltal impact Report , T &mecwia General Plan - PublIC Review Draft dated DeCember 2004 LE'lTeL '3 Dear Mr. Hogan: Th~ Tamoeula Valley Unified Schoal District has reviewed the Temecuta G&I'IOral Plan Update - Environmenlanmpact Ftepor1 and Temaoula General Plan - Public: Revjaw Draft dafOd Oecember 2004 and has the following comments: 1. ~rooosed land Use Pollcv Mac (Figure 3-2) The map indicates low, medium ami high denstry re6identiaj development in Old Town with a small opan space location (apparently mlrrori!'tg the propa.secl Villages ot Old Town Specific Plan). With the development anticipated far that area, the DistrIct will also need an elementary sltl} tQ service those 6tuden.m. We have discussed this several times with City staff and provided wtittQIl raquasts to the City on several occasions over the past three years, and the City (most recentlY Gary ThomhilO has resPOnded th:tt along with those proposed zone changes, ff1ere would he i;I designatEd public insttrutianal (blue) area of at least 1 ().-acres centrally in thai future specific plan area. The map doe, not Indicate the blue area and W$ f~uesl that it:~ updated to include It. Please advise as to how I may assist in getting this deslgn~too appropriately. An elementary site at Auld and Pcurroy Road3, pf9Vious.ly identifJed as the future Crown Valley;Village Elementary, Is baing &Ilminated from the Distrlct's master plan and should be removed from the land use map. {See attached map}. 2. School Facilities Student Enrollment (Table 5.12-2) (See attached updatel1 enrollmont figure3:as of Janua~ 2005) 3. Schoo! Facilities MaD (Figure 5.12-2) (See carrected location of French Valley Elementary Schoof) 4. Fut re:TV ch 5 (Figure 5.12'4) (Adjust the order oj the schools openings to reflect Cregk>Elementary openiryg in 2006, after the 2005 openings of Quinta Do La ,~organ Hill and Crowns HIli Elementary SChools) 31350 Fhmchll ~~ Road lTemec",la. CA 9259:' I (SIOlIJ tl7B-26el1 CITY OF TEMECULA \'?>- \ I '3-1- I ",,1 Ill-4\' 8-91 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft ElR ..... ,0 !::: """ ,(I) a 0"'- oct "5~ C/,)cs "00 ~i3 "c: C/) ""'" :::> It) 4 ~g :::::~ ~~ g ~C\l ::;, ~ E: ~ J ~ 1 I - ~ J "f lit f I I) t I jl IllIffflf f i!i,,' tiffl t il ! ~ jtlil!I~lliilf illlIJ lfJ~j ~ lJ ! ~ ~hW~~mh~;i u~m m~1 ~ ~E i ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE ~ 8-92 ... I g J . CITY OF TEMECULA Schools Environmentol Setting Responses to Comments on the Draft. EfR Pubk St"rvit-w imd Rt:('Jealio" . . The Temecula Valley Un,1fied School District rrvUSD);serves the City of Temecula, providing K-12 educational services and many sped<ll educa.tion pr9grams. TVUSD service boundarielii extend north to Jean Nicholas R~ad In French Valley, ~ulh to'the RiversIde County-San Diego County nne. ea~t to Yail L~k~, and ~est [0 the Temecula city I!mil TYUSO maintains a full spectrum of educational facilities frol;Yl elementary to adult SChOO~.5 Figure 5.12-2 illustrates the locations of school (",dlrlies,. Ta.hle ~.12.2 identifies thr! pubfic ~ucational facilities in the City and lists the current (2894') enrollment levels of e~ch fa.dlity. . ~()f ; Table 5.12-2 S,~ool Fadllties EI.J:MENTARY sQloOis K-5 ^~llO5 E1ementarv~__..~ Barnett E:lcmenta ,Frcnd1 va/iev t/ELrJ1<i1lta ' klf!ssoo Elemenwv: _ . Nicolas Vallev Elem~nlary' Palom~ Elgr:ncnt,;ry' ..... P-auba Valley Flp.rnt'tltary RMCho Elementa . -" Red H<lwIc Ele';;!!~..~!y'1 ~1~J~~lltitty ~ ~ Sparkm.lo Elemenm Temc911a Bem~nlai'Y VaiJ[le:ffi!'!'.nav . Vin e.!!tlls Semehwrv MIDDlE sQmoiS (~) Bella Vi&b: MkkDe1 : D::tv Middle ~,... Gardner Mkldk" ;, Mit!&!rila Middle ~- lem<<uIa Mddlc Vall Ranch Middle , HIGH SCHOOLS ~12 Ch~rral High ' Great OaH~gb Telneg.lIa Valk.v HdI ..... Rancho Vista Continuation ADULTS-OioOL TcmcclJl";' A.dult Sc~ool 1,Lo<;.;rlltrlvrith;,,~pl~renf:nfluenc:e. 5o.urct:' Tt~.ul.. v..~ty Vnillo,J S,:hQol Olwkl, JOQ.4 Narl:le. lOCildon ...-~.'-' 33200 Pacific Park Ortve 39925 H.lrveSton Drive - 36WO 9t#V Road-.'. 32400 C3mtnoSlln:Dima~ 39600 N. ~Cfal KP..llneY ~.9.3d ~.2~~.9 Via Rilm1 : 33125 Reg!~a ~ 31530~Seren.aW<rV 32045 5=amlno San1~.. 43799 SunlW McaOOvrs DriVE! 3222.? "'0 Pir.:u ~9 . 41951 M<2~.ar.a Road 29915 Mira..lomil Driv~ 42240 Camino ~rfw 31 l?50 BrQWni~_~Oad 40775 Camlnn Cnrn >os- Verde 45;25 Via Der"COr(rI"l3do 30G00Marwuit., ROiJd 4~07.s Mea~~s P,ukwav 333~ Canlino F:'~t,!.R 0 27215 Niool<is Kood 32555 ~ HoUow Way 31555 Raocho\li~l.a Road ) 1 J4Q- Rancho \list,l B.q~. 31350 Rancho Vlstil Road". udent fnroftment ~ of MIl\ 2883 ._9pens 2004-'sii 74! 038' a 1~'7 683 ....~f" ..801 /1' 829 'If'! ~~O yii" 780 .._8,), 624 .~'i)" 846 /I":J,. 64& ")Dt' 810 '1'-' .. .~9 ",." 969 If/' o ens.2004 ''17 1.235 ~'.9J.(. n Cl ,?;?? 1,000 ff},- ll~?? l.u1 1 ,36~ . 9s-l. 2,:is'i ~"... ()' zU04 1.uJ J322 J~I ~..;.;t.'1 n a J Oly of Temeo.,l" wp.Mll:!. .~chools- ~ locart'd ilt ~mTj iW'MV t.:irv.m(t'1IllN"IJI;l nrl!:lhome-\)tll!c/f<esid~rlJ9/lVU5dhlltl- Nrwt!rnl>p.f 1, 2004. CITY OF HMfCtV. CITY OF TEMECUlA 51"}." 8-93 tl'lVDlONMOOAL IMrM.~ GH4EIW.PlANUPDATl --, '-~ ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft. EIR figure 5.12-2 School Fadlltle. '-' @ ; [IernentarySchool @ :MIddII!School @ ~HId>Sd,,,oI o :PrIviltv$chQO/ :Tl!fTleCulaCtysounlWy :5pherlloflnJ!ufll1te8oUl1$ry :PlaIlIKngAn..a N " ',000 .' J--< H >- 't-i J--< , 0 I.~.'....'-." .;'--"] , -- ...... . .. ", :,,' '.. ..! rI'MRQNMrNTAi:IMPt.(T REPORT CENEli'Al"'ANtJPt))"tt 5.12.& C11YOFTtMCCUI.A ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-94 Responses to Comments on the Draft. fIR Pvbiic Setvkej and Rf1.:reat/nrt To meet future educational needs, TVUSD prepare~ Five.Year Fadlily Conslruction Plans. Future schoof COl1struc(jo~ proje<.ts within the current pfan are summarized in lable .5.124. The proje'l.;ted opening date o( s<.:hools may d1ange 1IS il re....;ult of changes in Mool enrollment. levels of new home coll$tJUction,:and lhe availability of Sla~ funds far school construction/renQvallon. Table 5.12.4 Future TVUSD School. N3mc EUMENTARV SQlO0L5 Qui"", Dn loRn !French V.lley) .~..---=:- .2005 - . ~:"~e~~l .." '. ',. .... '..~. ._ . ;:~J="" Cr . HiR . 2~ Old Town. 'Sewn 006 . Rorijjol~h Rand, ~ ~.~. - . ~ond 2006 v .~ MIDDlE SCHOOLS 'ori~nch_~--:---~.. aeyO.,d200~ . NIi~Sdloolf8(lnWincheste(1BOO) B ld2006 f.renJhVil~~. ,~.,~.._ HIG SCttQOLS High Sdtool#4 (Frellr:h Valley) .--- -~ond2006'~- 5o~rr.t"..: Te-mec:ub Y.alley Unified scho(>l D~lriI;t, NQ~mbcr. 2004. Estimated C(lmpl@l,i~. .4/0) ., --}-,." I~~ s<, .,-bee With adoptlon of Senate Bm 50 and Proposition 1 A in 1998. schoof districts that meet certain requfremenl5 now h~"Ve the option of adoptillg alternative school fees, also known as level 2 Fees .and level 3; Fees (Public Resources Code Sections 659~5.5, 65995.6 and 65995.7). In seneral, altcrnalive SdlOOI fee-s, which are calculated (or e~ch school dl$lrict, apply 50Jely to residential construction within Ii school district. In order to impose ahemalivl;! school fees on new residential construction within the Dislril:t, lYUSD annually prepares and adopts a Schoof Fadlities Needs Analysis (SFNA) as r~Ul(ed by State faw. Additionally, the City works with developers and lVUSD to designate school fadllly locations when new residen'ial ptojects are proposed.' 'fVUSD meets the educational need~ of its sludel1t population through both pennanent and interim fadllties, Payment of .llterna~ school fees wilf be ~lsed to Offsel the C05t to lVUSD of providing education fadUdes lO future Sludel1ts. The environmental effecu of e):pansJon, construction;. 'and'opera.fion"of. admtionaJ school facilities will be evaluated by lVUSD in its efforts to plan (or construct:ion of new . schools or expansion:of existing fac:illtie$. S8 50 slates that for CEQA purposes, payment of Ni$ to the affected school d~trict reduces school (adlity impa(;t$ to a less thall signifICant level. Mitigation Meawres No mitigation beyond the paymel1l of schoof fees is required. -- , Tmnecula varl'Y Unified ~d\ooI Ois1rkl. Developet Fees. loeilled at!luE)./IWY/w.tvust! ,k1~. NOYM'twr 2, 2004. T"N\iil:ONMENj"~tI'QRt -,. CENERAlPIJ..NUPOA.Tf ' 5,11.0 .----oiY~Of TEMfClJt.A CITY OF TEMECULA 8.95 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft. fiR 13. Dave Gallaher, Director of Facilities Services, Temecula Valley Unified School District. February 2, 2005. Response 13-1 This comment requests technical changes to the land Use Policy Map in the General Plan and does not raise any environmental issues associated with the General Plan EIR. As part of the public hearing process, these recommended technical changes will be considered by the City for inclusion in the Final General Plan. Response 13-2 As requested in the comment, Table 5.12-2 on page 5.12-5 of the Final EIR has been updated as shown below to reflect the updated enrollment figures provided by the Temecula Valley Unified School District. Table 5.12-2 identifies the public educational facilities in the City and lists the current (W84 2005) enrollment levels of each facility. Table 5.12-2 School Facilities Student Enrollment Name Location as of May 2003 lanuarv 2005 ELEMENTARY SCHOOLS (K-5) Alamos Elementary' 38200 Pacific Park Drive 593 Barnett Elementary 39925 Harveston Drive +47387 French Valley Elementary' 36680 Cady Road Ata_1.037 Jackson Elementary 32400 Camino San Dimas &lB928 Nicolas Vallev Elementary' 39600 N. General Kearnev Road 00+918 Paloma Elementary 42940 Via Rami lh!-9789 Pauba Valley Elementary 33125 Regina Drive lQfl884 Rancho Elementarv 31530 la Serena Wav ;zgg812 Red Hawk Elementary' 32045 Camino San Jose lh!-4642 Reinke Elementarv 43799 Sunnv Meadows Drive &4&1122 Sparkman Elementarv 32225 Pio Pico Road <>46704 Temecula Elementarv 41951 Moraga Road lQfl792 Vail Elementarv 29915 Mira Loma Drive 43977 3 Vintage Hills Elementarv 42240 Camino Romo %91 069 MIDDLE SCHOOLS (6-8) Bella Vista Middle' 31650 Browning Road 697 Dav Middle 40775 Camino CamDos Verde -hB5978 Gardner Middle 45125 Via Del Coronado Ata 789 Margarita Middle 30600 Margarita Road +,g00982 Temecula Middle 42075 Meadows Parkway -+,;Y71.349 Vail Ranch Middle 33340 Camino Piedra Roio -869952 HIGH SCHOOLS (9-12) ChaDarral High 27215 Nicolas Road ~2.882 Great Oak High 32555 Deer Hollow Wav 1253 T emecula Vallev High 31555 Rancho Vista Road ~2.868 Rancho Vista Continuation 31340 Rancho Vista Road Ata_227 ADULT SCHOOL ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-96 Responses to Comments on the Draft. EJR Table 5.12-2 School Facilities Name Location Student Enrollment as of Ma-( 2003 anua 2005 n a Temecula Adult School 31350 Rancho Vista Road 1. Located within sphere of influence. Source: Temecula Valley Unified School District, 2004. Similar technical changes recommended for Table GM-2 on page GM-16 of the Draft General Plan Growth Management and Public Facilities Element will be considered by the City for inclusion in the Final General Plan. The revisions do not affect the analysis or conclusions contained in the EIR. Response 13-3 As requested within the comment, Figure 5.12-2 on page 5.12-6 of the Final EIR and Figure GM-2 on page GM-17 of the Draft General Plan have been updated to identify the correct location of French Valley Elementary School. Response 13-4 As requested by the comment, Table 5.12-4 on page 5.12-8 of the Final EIR has been updated as shown below to reflect the sequential order of the development of future schools in the T emecula Valley Unified School District. Table 5.12-4 Future TVUSD Schools Name ELEMENTARY SCHOOLS uinta Do La 0 French Valle \^/olf CFcd~ Mor an Hill Crowne Hill Wolf Creek Old Town Rori au h Ranch MIDDLE SCHOOLS Rori au h Ranch Middle School #8 (In Winchester 1800) French Valle HIGH SCHOOLS High School #4 (French Valley) Beyond 2006 Source: Temecula VaHey Unified Schoo! District, November, 2004. Estimated Com letion Date 2005 ~ 2005 2005 2006 Be ond 2006 Be ond 2006 Be ond 2006 Beyond 2006 Similar technical changes recommended for Table GM-3 on page GM-18 of the Draft General Plan Growth Management and Public Facilities Element will be considered by the City for inclusion in the Final General Plan. The revisions do not affect the analysis or conclusions contained in the EIR. CITY OF TEMECULA 8-97 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft fiR @"- ~1 ~ PECHANGA INDIAN RESERVATION " Teomecula Barld of Lutsello MISSion 1I!dtans ----'---.- -'-.- . ..._""4 PostomCOl:lOX1477.nmCt'UIB,Jk~~~!m~":; :~":"j \i;" !;..,;liiH 1eleph.olleI9511ts7&2768 f'ax(951~S$5-ii7a" \\\11 .' " FEB 0 7 2005 ::;; IlL: ~"' , l"Lc_'. Sent via Facsimile to (951) 694-6477 February 2, 2004 Ms. Debbie Ubnoske, Planning Direelor City ofTemeJut. P.O. Box 903i Tcmc:cul.. CA 92589 LETrEI.. I'\' RE: Comments on City of Temecula General Plao DEIR Dcar Ms. Ubnoskc, TrlbalClnllrrollJl: Mark Macarro CouacllMecabers' MBlkCalac: M~Tr.I.uk~T ,lnbn~ Anctrc:w MIIIII~I,ST. DOllna. Mu:ld RuliStll "Butth" Murphy TrIOOlSKrltW:y: O.I\Thm..Mlr...nda Trtbl\l Tm\lJIX1't;1": ChrlStme Luku We submit th~se wmments as a federally recognized Indian Tribe and interested party in this CEQA app,fOval process [or the City's General Plan. Additionall}', the Tribe has an interest in these proceeding:; W5 a landholder of properties that arc directly adjacent to the City'sjurisdic~ional boundary, and which appear to be affected by this proposed General Plan. We request that these comments be incorporated intu tht: offici",! ~cord of approval ror the General Pion. 14-1 it is our underStanding that the proposed General PlanlDEIR contains a proposed major arterial alignment alternative which passes through and near lhe Tribe's external reserva.tion boundaries. This alignment is depicted in Figure C-2 On page C-21 ofthc proposed GeTleral Plan. and appears to be proposed as an entirely new exit from the 1.15 to connect with Deer Hollow Way via tTlwcrslng Tribal lands. 14--1.. Tt is our'unde$anding that this alignment is just one of the propo!>ed alternatives to address traffiC:concems within the City, and that such a major arterial alignment would be legally required to go though a formal appruvilJ and pennitting process with the involvement of other interested agencies and particst inctudlng the Pechanga Tribe. Whlle the Tribe is understanding and supportive of addressing traffic concerns within the City, any aligriment through Tribal lands is subject to certain legal requirements, including consultation with and agreement by the Tribe, including posslhle Bureau of Indian Affairsinvolvemenl. iftriba11ands ate affected. It appears Ihat:the City is aware oflhc consultation requirement, as Policy C-ll un page C-40 stales tl:1il the City will work with the Pechanga Band on these issues. We would ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE 8-98 14-3 CITY OF TEMECULA Responses to Comments on the Draft. EIR like to reiteratC the necessity in obtaining the Tribc'5 agreement and approval on any such proposals that)mpacl our Tribal lands, and look fonvard to working with you on a govcrnrnenHo;-govemmenl basis to address issues that are of shared concern lo the City and the Trihe. ' ~~ Mark Macarro Chainnan C,,: leffComerchcro, Mayor Ron Roberts, Mayor Pro Tem Shawn Nelson. City Manager David ~ogan, Principal Planner 14-3 COto3f . CITY OF TEMECUlA ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE 8-99 Responses to Comments on the Draft. fJ~ 14. Mark Macarro, Chairman, Pechanga Indian Reservation. February 2, 2005. Response 14-1 This comment provides an introduction to the Pechanga Indian Reservation's comments on the Draft EIR. The comment indicates that the Tribe has an interest in the General Plan since the Tribe is a landowner of properties that are directly adjacent to the City's jurisdictional boundaries. The City acknowledges that the Pechanga Indian Reservation land is adjacent to parcels in the City's jurisdiction. This comment does not address an environmental issue nor raise any question regarding the analysis or conclusions in the EIR. No response is required. Response 14-2 The comment is acknowledged. The City has initiated early consultation with the Pechanga Band regarding the General Plan Update. The City understands that an agreement with any impacted Native American tribe must be obtained for approval of development proposals that impact tribal lands, including the approval process for the proposed Eastern Bypass. See also Response to Comment 12-2. The Draft Open Space Element recognizes the requirements of Senate Bill 18 (Chapter 905, 2004 Statues) and addresses consultation with Native American tribes, and in particular the Pechanga Band, through the following policy and implementation program: Policy 2.1 Actively pursue the construction of system improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta, Riverside County, the Pechanga Band, and local developers. Measures should be taken to preserve anticipated right-of-way needs and to identify funding mechanisms for needed interchange and regional arterial improvements. Implementation Program C-11. . Work with the Pechanga Band, City of Murrieta, RCTC, and Caltrans to create additional access points to 1-15 and 1-215 to ensure that access to the freeways is provided for future bypass routes on both the west and east sides of the City, in a manner that has the least potential impacts on the environment. Response 14-3 The comment is noted. Please refer to Response 14-2. ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA 8-100 SOUTHERN CAUfOJlHIA >< ASSOCIA1IONof GOVERNMENTS MaIn Office 818WQASCWQnthStfMt 1Zt~ Allor lO$AAI'e\es, (Ahrofllla 9111117"Us l(2~"2.,6.J8Dll f(2i!l)l~/'i-l81, *'ll~ed.~WlqnRob\OJll. l'tlDfaQ.fn\'ru/'nIldellr:tI..,ftWlfI'\lJH Ta'/hq,......llIloftt....S~..yllr ...~-.w "'"",IOlnlr.lt~lllb. DlMrv . wNllda~"-"',..hlOilue.,a, ~" ""I~ to&dr . z... 'tmlwsn 1.M ~ltl aull\y' ~II' ,,~. /Il~hMlU hll' '1W1\I.1!'m.."~ QlllIrrl' "Ill eo..tl"tfffi~"1CIWt1tOtllu.0l~..H.' "'lrpllltlillLlosl!lltU . GlOItOIIlifl5. I'IrllllO,~'"~llIl(IeIll.hlNitPoludr 1I1I~~'''t~te.loor1' ~oloi:<:~LOI~~~~~~ tu MpIn . "'.no IiIh. tol A1t!'l.. . 1u4Gr.1YI.""'lPI''''''''~''ln ...pll~ '~if" lvW. It.! Awla . 1I_1ill lIIil... 03r,...n. , CInd-I Mln...."I. ~ MClin' 'llll _llU. ffllJllC\" f'GrIl).CIllV\ll~ hIlIi lI\IonICI,A1r. nClO... USAIIf*S' BlllIlnlhltl. In ="'~~"r."~~::1:~~:;~:: ",11\,1lIIArvltI-DlacStaIlWll,Nl&l.loO\t, ~J,""''''''IIIlT'II~L~_'SI"," "ltt.f........... To:onOI""",lhup.loIq :::'t.~':~.=~I~~~~ ~. "~'IlxIWIL 6If.'''' '0.611- 7W>f,~"''''''" '==~~.~~,;;;~~r:.; ......1uI"'M.I:kWCb-.M.III1lII'I =:~~~::".'lr=~~~ flffll'MlrlInt.IlIiAl'lIdhr)'lod 1I~p..r..II"""Irl"""~ R~t1aU\j':"'~~MwI!"i""c.u... tltHlII ha.h!t. ~k. tls~... I~."it- nal~I.NM<"ly.u-.v'R..IQwri""', t':;" ~:!}'tlli1. Cld,,"~~ tltr. IQ. $II! fIl'"'''''' ca~.11! '111 o.R~ h. ~Hurao.O 011..,. lil ...,..In.... ...... lVClII*IfI'lMrwtt~II,.~.'II'l'.u ~"Gi.llldT"'",,'1,"1IfI"""'1II.5.1. ht..........~........I~.,~O =~IIi:n~~~it~r~c:~ Or._rU'I'1:loI'f{l\lll.PO/\Wv/llflnl ll'_ c-I~ T'II"I(JI~ A\I!I>111QI, "'., DoWlI~~c..IIl>>i'rr: ...-... VWUIJ ~ ".,,,,11.I",,, r...n..tloll< I:fIIIlNiINiA.."...",arl (j)",,,,,,,..~~~~ "''\I'"'''' Responses to Comments on the Draft. ElR February 2, 2005 ~I~ Mr. David Hogan Principal Planner Cily of Temeoula Planning DepsrtmGhl 43200 Business Park Drive ' P. O. Box 9033 Temscula, CA 92589-9033 Dear MI. Hogan: ! ;"~k you for submitting the Public ~earlng Draft of the Updated General Plan for the City of Temec~l. to the Southern CalKomla Association of Governments for review and comment A description of the pmposed plan was published I~ SCAG's .December 18-31, 2004 Intergovernmental Review Clearinghouse Report for public review and comment. In addlllon, SCAG staff reviewed and commented on the Draft EnvimnmeM\a1lmpact Report for 1hfi) City of Temecula General Plan Update under seperate cover on January 10,2005. Each of our reviews is from a regional perspective with on Intent to share information, data and adopted pians and programs that sst forth regional policy. It Is Important to nole that requests, sLch as yours, to review a tocal government general plan covering a 62 square mila planning area in a faslgrowing county, represenl a.slghlficant opportunity to identify where regional pOlicy can be implemented through IocaJ action, thereby bensntlng your community, subregion and region In the future. It may, therefore, be beneficial to Include a short section in your Purpose of General Plan ssction; (pages 1-6 through 1-9) to discuss the rsgional/subregionaVlocal planning relationships. Ws were pleased to note your mentiO(l of the Regional Transportation Plan (RTP) and the R~gional Comprehensive Plan, SCAG's Growth Vision Compass and SCAG's Growth Managsment ptan throughOilt the Dralt Generat Pta". We recognize your efforts to support regional goals and policies wllh the Inclusion of new land use categories for mixed.use development. the linkages with mutli-</se trails and future goals for new trsnsportation opportunities thmuph the extension of Measure A. ! , I I I I DOCSll~UO'" MCD IS' "I 1~.1.. 1S'.3 CITY OF TEMECULA 8-101 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft EfR SOllTHlRll CALlPORNI.& >~ ASSOCIATION of GOVERNMENTS Main Office BJSW'l!!stSeventhSlreel uthFloor Los AnplH,.Clllfoml. 900J7')~)S t(J.t3>:lJ6-1&oD f(21,h,6-tU, Ollfertr~~*~ ,,"-,lI'I'hViDtPleWMlI:CMdIlMlIIbtt ~':.."o':' 1Iu_. S-. VII. .-,.tIlChlllrl/tSAllilllS.anky lI.I.....~w.lII.,.,...l\1lkt. ~~~,~~~= ~ 6tila.N~hldwlt..SU(jlbIM.~ ......Cenl....lbJr<tmol~tN"....l. =.~ ~:r.RM~Io.=~a.~:~ Dao\alr. UtltlIOH . bl...... UIC t1iK_ ~~'::'W$:'::'~~~J: lM........./ollOOllilll.wARp/n. 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Overalt, Temecut~.s Draft General Pflrn acknowledges and supports Southern Catlfomla Growth Vision eclmpass Princlptes of: Mobility, Improve MobiIitylor Residents Livability - Foster LJvsbl/lty In I Communl/lss PrOSJlllrfty - Enable Proeperlly or All Psopls Sustalnabllity - Promote bIIity lor Future Generetions Ths City of Temecula's effort 10 mai!!lain consistency wltll regional plans such as, the Regional eompreIensiv8 Plan and Regional TranspoFtaUon Plan. Is highly comme dabls.. We appreciate your commllment to ths regional vision an look forward 10 hearing of your land use/lransporlation success s as you reallzll your local vision through your newly reviSed Ge oral Plan. Thank you again for ihe opportunIty If review this most Important city planning document. Sincerely, r~~ LYlfn' Ha;riS Manager of Community Developmenl Planning and Policy Departme.nt ' D0CSI/76100,.7 MCB 1S'-'! c.o~. ENVIRONMENTAL IMPACT REPORT GENERAl PLAN UPDATE CITY OF TEMECULA 8-102 Responses to Comments on the Draft fiR 15. Lynn Harris, Manger of Community Development, Planning and Policy Department, Southern California Association of Governments. February 2, 2005. Response 15-1 This comment provides an introduction to the Southern California Association of Governments' comments on the Draft General Plan. This comment does not raise or address any specific environmental issue raised within the EIR. No response is required. Response 15-2 The commenter's opinion is acknowledged. This comment does not raise or address any specific environmental issue raised within the EIR. The comment requests additions to the Purpose of the General Plan portion of the Draft General Plan introduction to discuss regional/subregional/local planning relationships. The City will consider this addition. Any concerns regarding the content of the Draft General Plan should be expressed to the Planning Commission and the City Council at public hearings scheduled for the adoption of the Draft General Plan. Response 15-3 The comment is noted. The City recognizes the influence and importance of regional planning within the Draft General Plan and strives to maintain consistency with local, subregional, and regional planning efforts. CITY OF TEMECUlA 8-103 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE Responses to Comments on the Draft. fiR SOUTI1~IUIl CAUFOIUrIlA. ~ ASSOCIATION of GOVERNMENTS Mala Office 1l-,8We:ltS~nlh Sllll~l 1:,rI1F1oor losA""le~(al1r()([llll 90017"J435 l(;.r;lllzJb-~ r(ll<j)~,6'l82S _.'oIllt.l...!,,,, OJroalf. I'l"...t.rot: l.ll1lllcil/JltUl~ ."', lIul""h. .J........1o ' 1m! V1~1 ''tiI>oIl11, (_~b1I'lt.II!'.""'I!llo:.",",. 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'0' . ,.. .-. ,,1 JiT'" '.' . - i;~\\ '':' JAN 18 2005,>! II;. "\ t." ~;-- ..=.-. Ib-l I~-t. ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA :tl.tr. David Hogan :Prlnclpal Planner :Clty Df TMlecufa Planning Dopar1menr 43200 Business PM< Drive Tem",ul.. CA 92592 Len l!l1... I C:> RE, Commenl$ on the Draft Envlronmentll'lmpact Report for th& city of '.rnecula Ge....1 Plan Update - SCAG No.1 ~0040834 Dear Mr, Hogan: Th8nk you far WMl'ItUitl9 tl)t Dra.1: EnvrcvnrnvnJml ~ R.pJrt fer the City of Ternecufl'l Cenml Plan Update to SCAG for review and ClOmmlimt, As areawide clearinghouse for tegfOnaHy 5ignif~t projects, SCAG reviews the oonsi$terJC:Y 01' local plans, projects, and pn:>grams with regional plans. This activIty IS based 01'\ SCAG's responsibiUtles as a rl!Jgional plannIng organization pursuam to stala anrJ f9daral laws and regulations, .Guldance provided bV these reviews js intended to assist looal agencies and proJect sponsors 10 taka actions that contribute to the trttainment at regional goals and policies. It i5 f8C0gnlzed that the propOSed Project cOllslders the comprehensive update or the city of Temecula General Plan, SCAG o!aff haS ova.\Jaled 1l1. Draft Environmental I",pact Report for "'. CIty 01 Temll!ellla GeneraJ Plan Update for consi$lency with !he Regional Comprehenslw Plan and Guide- alld RE1glonal Trar.sportatlon PlBn_ The Draft EJA Includes a discussion on the J)rOpOI9d Projoots' oonsl$b;one:y with SCAG pol'lCies and app/lcable regJonal plans. which were <?utlfned In our ~ptembBr 2, 2Q04letter on the Notice of Preparalfon (NOP} for this Draft EIR. The Draft EIR, i1 Section 5.9: Land Use and Planning, cUad SCAG poltcies and addressed the manner in which the proposed Project Is oonsfstanl wm-J applicable COfV policies and ~upportiva of applicable ancillary polbles. This approach to dlscussng cansistljncy or support qf SCAn polIcies is oornmendable ancJ we appreciate your efforts. Based on the informatlon pm...Jded In the Draft EIR, we have no further cornmerns. A deacriptlon of the -proposed Project was publiShed In the December 16-31, 2004 Intergovemmental Review Oear1nghQUS8 Fteport for public review atld ccmmel11. tt you nave any questions. p1aase contact me al (213) 236-1887. Thank you. ~~~~~' 7h~ J'. ..~. MITH, AIC~ . Senior Rog/ aJ Planner l~tergoverml1;H1la1 Review 8-104 Responses to Comments on the Draft fiR 16. Jeffrey M. Smith, Senior Regional Planner, Intergovernmental Review, Southern California Association of Governments. January 10, 2005. Response 16-1 This comment provides an introduction to a second comment letter received from the Southern California Association of Governments. No response is required. Response 16-2 The comment is noted. This comment indicates that SCAG has reviewed the Draft EIR and does not have any further comments. CITY OF TEMECULA 8-105 ENVIRONMENTAL IMPACT REPORT GENERAL PLAN UPDATE CITY OF TEMECULA CITY CLERK DEPARTMENT MEMORANDUM TO: City Council FROM: ~Susan W. Jones, City Clerk DATE: \J April 12, 2005 SUBJECT: Amended General Plan Resolutions - Council Agenda Item No. 13 Please find attached amended General Plan Resolutions. The first resolution Certifies the Final Program EIR, and the second approves the comprehensive update ofthe General Plan. 4/12/05 RESOLUTION NO. 05 -_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE COMPREHENSIVE UPDATE OF THE GENERAL PLAN WHEREAS, Section 65300 of the Government Code requires that cities adopt a comprehensive, long-term general plan for the physical development of the jurisdiction as well as any adjacent areas which, in the judgement of the City, bears a relationship to its planning; WHEREAS, Sections 65302 of the Government Code requires that a general plan address the following issues: land use, circulation, housing, conservation of natural resources, open space, noise, and public safety; WHEREAS, Sections 65303 of the Government Code allows the City to include any other issues or concerns into the general plan which may relate to the physical developrnent of the City; WHEREAS, the City Council approved the first General Plan, and certified the Environmental Impact Report on November 23, 1993; WHEREAS, the City Council has amended the General Plan from time to time and determined that a comprehensive update of all the Element of the General Plan, except the Housing Element, was necessary; WHEREAS, the City Council appointed a community advisory committee to assist in the process of updating the General Plan; WHEREAS, the Community Advisory Committee held meetings on January 7, 2002, January 28, 2002, February 25, 2002, April 01, 2002, May 6, 2002, May 15, 2002, May 30, 2002, April 29, 2003, May 20, 2003, June 11, 2003, March 1, 2004, April 26, 2004, May 3, 2004, and July 6, 2004 to consider the current General Plan and to recommend appropriate changes to the Planning Commission and City Council; WHEREAS, the City Council and Planning Commission held a joint workshop to consider the recommendation of the Community Advisory Committee on August 10, 2004 and provided a number of comments and suggestions on the recommended General Plan; WHEREAS, Section 65302 of the Government Code requires that the City of Temecula submit a copy of its draft Safety Element to the Division of Mines and Geology (DMG) for their review and comrnent; WHEREAS, the City of Temecula submitted its draft Public Safety Element to the DMG on August 26, 2004, and WHEREAS, the City of Temecula has made changes to the draft Public Safety Element in response to the concerns raised by DMG; R:IGeneral PlanlComp Plan UpdatelFinal GP Update Resolution.DOC WHEREAS, the Community Services Commission met to consider and provide comments on the proposed General Plan on September 13, 2004, at which time members of the public had the opportunity to comment to the Community Services Commission on the proposed General Plan; WHEREAS, the Traffic Safety Commission met to consider and provide comments on the proposed General Plan on September 28, 2004 and January 27, 2005, at which time members of the public had the opportunity to comment to the Traffic Safety Commission on the proposed General Plan; WHEREAS, the City held community meetings on December 26, 2001, January 12, 2002, April 4, 2002, and November 4, 2004 to solicit input, comments, and concerns from members of the community; WHEREAS, Senate Bill 18 amended Section 65352 of the Government Code to require that local governments refer their General Plan to any California Native American tribe with traditional lands located within the City's jurisdiction; WHEREAS, the City of Temecula consulted with representatives of the Pechanga Band of Luiseiio Indians on January 20, 2005; WHEREAS, the City of Temecula has made changes to the draft General Plan as a result of the consultation with the Pechanga Band; WHEREAS, Section 21676 of the Public Utilities Code requires that the City of Temecula submit a copy of its draft General Plan to the Airport Land Use Commission (ALUC); WHEREAS, Section 21675.2 of the Public Utilities Code requires that the ALUC complete its review within 60 days; WHEREAS, the General Plan recognizes the authority of the ALUC around French Valley Airport; WHEREAS, the City of Temecula submitted its draft General Plan to the ALUC on February 4, 2005; WHEREAS, the California Environmental Quality Act (CEQA), as amended (Sections 21000 through 21177 of the Public Resources Code), requires that prior to the approval of any project the Lead Agency consider the potential impacts and effects of said project, consider alternatives to the project, and identify mitigation measures necessary to reduce or eliminate the impact of the project on the environment; WHEREAS, the City of Temecula has prepared and circulated for public review and comment an Environmental Impact Report for the General Plan in accordance with the provisions of CEQA and the CEQA Guidelines prepared by the Office of Planning and Research; WHEREAS, pursuant to Public Resources Code section 21092.5, the City provided its responses to all persons, organizations, and agencies who commented on the Draft EIR on March 22, 2005; R:\General Plan\Comp Plan Update\Final GP Update Resolution.DOC WHEREAS, the Planning Commission has held duly noticed public hearings on February 2, 2005 and March 16, 2005 (continued from February 16, 2005) to consider the proposed General Plan and Environmental Impact Report, at which time all persons interested in the Project had the opportunity and did address the City Council on these matters; WHEREAS, the City Council has held duly noticed public hearings on March 22, 2005 and April 12, 2005 to consider the proposed General Plan and Environmental Impact Report, at which time all persons interested in the Project had the opportunity and did address the Planning Commission on these matters; WHEREAS, the City Council adopted Resolution No. 05-_ on April 12, 2005 which Certified the EIR, adopted a Statement of Overriding Consideration and Mitigation Monitoring Program for the El R for the General Plan; WHEREAS, it is in the public interest for the City Council to adopt the comprehensive updates of the Land Use, Circulation, Open Space/Conservation, Growth ManagemenVPublic Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the General Plan for the City of Temecula, as amended; WHEREAS, the proposed comprehensive updates of the Land Use, Circulation, Open Space/Conservation, Growth ManagemenVPublic Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the General Plan for the City of Temecula, as amended, are compatible with the health, safety and welfare of the community; WHEREAS, the proposed comprehensive updates of the Land Use, Circulation, Open Space/Conservation, Growth ManagemenVPublic Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the General Plan for the City of Temecula, as amended, are internally consistent and comply with all applicable laws; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEMECULA: Section 1. The recitals described in the whereas clauses set forth above are true and correct and are hereby adopted as findings by the City Council. Section 2. Council Member Roberts and Council Member Washington did not participate in the public hearing and Council discussion of the North General Kearney Road extension issues. Both own homes in the Meadowview Community and are part of the Meadowview Homeowners Association. The Association owns the property on which the North General Kearney Road extension would be built as well as property surrounding it; therefore the Fair Political Practices Commission has confirmed that Mayor Pro Tem Roberts and Council Member Washington have a conflict due to their home ownership. Based on this conflict of interest, Mayor pro tem Roberts and Council Member Washington each hereby abstain in the approval of this Resolution and certification of the Environmental Impact Report and the approval of the General Plan as such actions relate to the extension of North General Kearney Road. Section 3. Mayor Comerchero and Council member Naggar did not participate in the discussion of the Southern Bypass Road nor the land use designation for property located south of the Morgan Hill Specific Plan. Council Member Naggar has a financial interest in approximately 80 acres of real property in adjacent to Anza Rd and EI Chimisal in the R:IGeneral PlanlComp Plan UpdatelFinal GP Update Resolution.DOC unincorporated portion of Riverside County and he believes that the implementation of the Southern Bypass and the land use designations for property located south of the Morgan Hill Specific Plan might have a significant effect on the value of this property. Mayor Comerchero also will not be participating in this matter because he is the President of Rancon and Rancon owns approximately 100 acres of property adjacent to Anza Rd and El Chimisal in the unincorporated portion of Riverside County and he believes that the implementation of the Southern Bypass Road and the land use designation for property located south of the Morgan Hill Specific Plan might have a significant effect on the value of this property. Based on this conflict of interest, Mayor Comerchero and Council Member Naggar each hereby abstain in the approval of this Resolution and certification of the Environmental Impact Report and the approval of the General Plan as such actions relate to the Southern Bypass Road and the land use designation for property located south of the Morgan Hill Specific Plan. Section 4. Council Member Washington did not participate in the discussion concerning Circulation Element Policies 3.6, 3.7, and 3.8 as he owns a home on a street which could be impacted by this policy. Based on this conflict of interest, Council Member Washington hereby abstains in the approval of this Resolution and certification of the Environmental Impact Report and the approval of the General Plan as such actions relate to Circulation Element Policies 3.6, 3.7, and 3.8. Section 5. Council Member Naggar did not participate in the discussion concerning Rainbow Canyon Road, Avenida de Missiones Bridge, and Land Use Map Request NO.7 (72 acres at the north side of Lorna Linda) because Horton/Continental, owner of the 20.4 acre parcel being developed at the north east corner of Temecula Land and Lorna Linda in the City is a source of income to him and he believes that the changes to the road and bridge and the land use designation might have a significant effect on the value of the property. Based on this conflict of interest, Council Member Naggar herby abstains in the approval of this Resolution and certification of the Environmental Impact Report and the approval of the General Plan as such actions relate to Rainbow Canyon Road, Avenida de Missiones Bridge and Land Use Map Request NO.7. Section 6. Mayor Comerchero did not participate in the discussion of the land use designation for the Callaway Winery property because he is the President of Rancon and Rancon owns approximately 330 acres of property in the unincorporated portion of Riverside County and he believes that the implementation of land use designation for Callaway Winery property might have a significant effect on the value of this property. Based on this conflict of interest, Mayor Comerchero hereby abstains in the approval of this Resolution and certification of the Environmental Impact Report and the approval of the General Plan as such actions relate to the land use designation for Callaway Winery property. Mayor Comerchero also did not participate in the discussion of the land use designation for Land Use Map Request No.2, 72 acres of property at the corner of Nicholas Road and Via Lobo. Although not a technical conflict, the owner of the 72 acres for Land Use Map Request NO.2 at Nicholas Road and Via Lobo will sponsor a major fund raiser for Mayor Comerchero this and he believes it is only appropriate that he not participate on this matter. Based on this conflict of interest, Mayor Comerchero hereby abstains in the approval of this Resolution and certification of the Environmental Impact Report and the approval of the General Plan as such actions relate to Land Use Map Request No.2. Section 7. In 2003 the City Council changed the General Plan land use designations for the property at the southwest corner Butterfield Stage Road and Pauba Road and off of Via Campanula near Paloma Del Sol Park as well as the Paloma Del Sol Specific Plan. In 2003 the R:IGeneral PlanlComp Plan UpdatelFinal GP Update Resolution.DOC Corona Family Trust filed a lawsuit against the City over the changes that were made in the General Plan and Paloma Del Sol Specific Plan at this location. At this time, it appears that the City will prevail in the legal challenge. As a result, when these legal proceedings have concluded, the previously approved land use designation changes will be restored to the General Plan without further action of the City Council. These changes are not in conflict with the current General Plan proposal and nothing herein is intended to nor shall anything herein be construed to modify the previously approved General Plan land use designations for this property and in the Paloma Del Sol Specific Plan. Section 8. The City Council hereby approves and adopts the comprehensive updates of the Land Use, Circulation, Open Space/Conservation, Growth Management'Public Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the General Plan for the City of Temecula, as amended, in substantially the form on file in the Office of the City Clerk. Section 8. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 12TH day of April 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2005-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 12TH day of April 2005, by the following vote: AYES: COUNCILMEMBERS COUNCILMEMBERS: COUNCILMEMBERS: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:\General Plan\Comp Plan Update\Final GP Update Resolution.DOC ATTACHMENT NO.1 RESOLUTION NO. 01 -_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TEMECULA GENERAL PLAN UPDATE AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE TEMECULA GENERAL PLAN UPDATE Statement of Findings of Fact Pursuant to CEQA Guideline Section 15091 for the Temecula General Plan Update WHEREAS, the City of Temecula General Plan Update and related actions ("General Plan Update") have been initiated and prepared on behalf of the City of Temecula. The project proposes the adoption and implementation of the City of Temecula General Plan Update. The General Plan Update addresses the seven State mandated general plan elements (land use, housing, circulation, safety, open space, conservation, and noise), as well as other issues that are important to the community, including growth management, economic development, air quality, and community design. The Housing Element was recently updated in 2002 and thus has not been updated as part of the project. The updated General Plan establishes an overall development capacity for the City and surrounding areas, and serves as a policy guide for determining the appropriate physical development and character of the City for the next 20 years. The Land Use Element establishes land use designations to identify the types and nature of future development permitted throughout the Planning Area. The Circulation Element describes how Temecula residents and employees get around using automobiles, public transit, bicycles, airplanes, sidewalks and trails, and railways. In addition, it presents the City's plan for future roadways that provide adequate capacity to accommodate travel needs resulting from development pursuant to the Land Use Element. All of the elements combined establish a vision for the City, emphasizing a family-focused lifestyle and a strong local business community that includes agricultural, technological, and manufacturing industries, with the overarching goal of maintaining Temecula as a vibrant, attractive, and enjoyable place. WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City is the lead agency for the General Plan as the public agency with both general governmental powers and the principle responsibility for implementing the General Plan; and WHEREAS, a Notice of Preparation of a Draft Program Environmental Impact Report ("Draft EIR or Draft PEIR") was issued on June 6, 2003, and a public scoping meeting was held on June 25, 2003, inviting comments from responsible agencies, other regulatory agencies, organizations, and individuals pursuant to State CEQA Guidelines Section 15082; and Statement of Findings of Fact Temecula General Plan Update April 4, 2005 WHEREAS, written statements were received by the City in response to the Notice of Preparation, which assisted the City in narrowing the issues and alternatives for analysis in the Draft PEIR; and WHEREAS, a Draft PEIR was prepared by the City pursuant to State CEQA Guidelines section 15168 to analyze potential adverse environmental impacts of General Plan implementation pursuant to CEQA; and WHEREAS, upon completion of the Draft PEIR dated December 17, 2004, the City initiated a 45-day public comment period between December 17, 2004 and January 31, 2005 by filing a Notice of Completion with the State Office of Planning and Research in December 17, 2004; and WHEREAS, the City also published a Notice of Availability for the Draft PEIR in a newspaper of general circulation. Copies of the Draft PEIR were sent to public agencies, organizations, and individuals. In addition, the City placed copies of the Draft PEIR in public libraries in Riverside County and made copies avaiiable for review at City offices; and WHEREAS, during and before the official public review period for the Draft EIR, the City received seventeen written comments, all of which were responded to by the City. Those comments and the responses are included as part of the Final Program Environmental Impact ReporVResponse to Comments document ("Final Program EIR, Final PEIR, or PEIR"); and WHEREAS, the Community Advisory Committee held meetings on January 7, 2002, January 28, 2002, February 25, 2002, April 01, 2002, May 6, 2002, May 15, 2002, May 30, 2002, April 29, 2003, May 20,2003, June 11, 2003, March 1, 2004, April 26, 2004, May 3, 2004, and July 6, 2004 to consider the current General Plan and to recommend appropriate changes to the Planning Commission and City Council; and WHEREAS, the City Council and Planning Commission held a joint workshop to consider the recommendation of the Community Advisory Committee on August 10, 2004 and provided a number of comments and suggestions on the recommended General Plan; and WHEREAS, the Community Services Commission met to consider and provide comments on the proposed General Plan on September 13, 2004; and WHEREAS, the Traffic Safety Commission met to consider and provide comments on the proposed General Plan on September 28, 2004 and January 27,2005; and WHEREAS, the City held community meetings on December 26, 2001, January 12, 2002, April 4, 2002, and November 4, 2004 to solicit input, comments, and concerns from members of the community; and WHEREAS, pursuant to Public Resources Code section 21092.5, on March 22, 2005, the City provided its responses to all persons, organizations, and agencies who commented on the Draft EIR; and WHEREAS, Section 15091 of the State CEQA Guidelines prevents the City from approving or carrying out a project for which a PEIR has been completed that identifies any significant environmental effects unless the City makes one or more of the following written Statement of Findings of Fact Temecuia General Plan Updale 2 finding(s) for each of those significant effects accompanied by a brief explanation of the rationale for each finding: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the final EIR; or (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR; and WHEREAS, Section 15093 of the State CEQA Guidelines requires that if the General Plan will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts; and WHEREAS, environmental impacts identified in the Final PEIR which the Planning Commission finds are less than significant and do not require mitigation are described in Section 2 hereof; and WHEREAS, environmental impacts identified in the Final PEIR as potentially significant, but which the Planning Commission finds can be mitigated to a less than significant level through the imposition of mitigation measures and/or conditions identified in the Final PEIR and General Plan and set forth herein are described in Section 3 hereof; and WHEREAS, environmental impacts identified in the Final PEIR as potentially significant but which the Planning Commission finds cannot be fully mitigated to a less than significant level despite the imposition of all feasible mitigation measures described in Section 4 hereof; and WHEREAS, alternatives to the General Plan that might eliminate or reduce significant environmental impacts are described in Section 5 hereof; and WHEREAS, a discussion of General Plan benefits identified by City staff and a Statement of Overriding Considerations for the environmental impacts that cannot be fully mitigated to a less than significant level are set forth in Section 6 hereof; and WHEREAS, Public Resources Code section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures; and WHEREAS, prior to taking action, the Planning Commission has heard, been presented with, reviewed, and considered all of the information and data in the administrative record, and Statement of Findings of Fact Temecula General Plan Update 3 all oral and written testimony presented to it during meetings and hearings. The Final PEIR reflects the independent judgment of the Planning Commission and is deemed adequate for purposes of making decisions on the merits of the General Plan and related actions. No comments or any additional information submitted to the City have produced any substantial new information requiring circulation or additional environmental review of the Final PEIR under CEQA, nor do the minor modifications to the Final PEIR require additional public review because no new significant environmental impacts were identified, no substantial increase in the severity of any environmental impacts would occur. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby determines the following: Section 1. Findings. The City Council of the City of Temecula determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, the environmental impacts associated with the adoption and long-term implementation of the Temecula General Plan Update will have a less than significant impact with regard to the following, as evidenced through the analysis presented in the Initial Study contained in Appendix A of the Final EIR: A. Aesthetics - Scenic resources and vistas; visual character To preserve public views of significant natural resources, all new public and private development projects will be reviewed to ensure that they will not obstruct public views of scenic resources, such as the hillsides, scenic roads, or significant open space areas. During the review of individual projects, the Community Development Department may require site redesign or place height limits on projects that have the potential to block views. New projects will also be reviewed to ensure that the proposed landscaping and tree planting will not obstruct views of significant natural resources. Implementation of the identified policies through this review process will ensure that impact will be less than significant on a project-by-project basis (Initial Study, p. 10). B. Agricultural Resources - Williamson Act contracts No Williamson Act contracts are in effect within the Planning Area (Initial Study, p. 11). C. Air Quality - Compliance with regional plans; odors The Air Quality Element of the General Plan addresses compliance with the current Air Quality Management Plan for the South Coast Air Basin. The Air Quality Element is designed to ensure City land use decisions work to implement and comply with federal, State, and local regulations pertaining to air quality. No conflict with the regional air quality plan will result, and no adverse impact will occur (Initial Study, p. 12). Development anticipated to occur pursuant to the General Plan will be predominantly residential and commercial uses consisting of retail stores, offices, and business parks. Each new development will be required to comply with the South Coast Air Quality Management District's guidelines regarding odor control. Compliance with these existing regulations will ensure that impact will be less than significant (Initial Study, p. 12). Statement of Findings of Fact Temecula General Plan Update 4 D. Biological Resources - Conflict with policies, ordinances, or plans All new development will comply with City policies and ordinances protecting biological resources, including tree preservation policies. The updated General Plan provides policies and implementation programs that fully support adopted habitat conservation plans. No impact will result (Initial Study, p. 13). E. Hazards and Hazardous Materials Businesses and operations involving the use, transport, or disposal of hazardous materials will only proceed in strict compliance with federal, State, and local hazardous materials regulations. The General Plan maintains the goal of protecting '1he public and environmental resources from hazards related to hazard materials and waste, and nuclear power production" (Goal 2, Public Safety Element). Four policies are included to carry out this goal. Implementation of these policies, together with compliance with existing regulations, will result in a less than significant impact. No sites in Temecula are included on the Department of Toxic Substances Control Hazardous Waste and Substance List, known as the Cortese List (Initial Study, p.17). Temecula has adopted a Multi-Hazard Functional Plan to ensure the effective management of City personnel and resources in responding to emergency situations stemming from natural disasters, technological incidents, and nuclear defense emergencies. Implementation of the Public Safety Element policies, along with the continued implementation of the City's Multi-Hazard Functional Plan, will ensure a less than significant impact with regard to emergency preparedness (Initial Study, p.18). F. Hydrology and Water Quality - Water quality; 1 OO-year flood hazard All new development will be required to comply with existing water quality standards and waste discharge regulations set forth by the Regional Water Quality Control Board, San Diego region. Impact will be less than significant. Each new development will be required to comply with stormwater regulations set forth by the Regional Water Quality Control Board, San Diego region, including NPDES regulations. Compliance with existing regulations on a project-by-project basis will reduce potential impact to a less than significant level (Initial Study, p. 19). The City participates in the National Flood Insurance Program (NFIP), which makes flood insurance available to affected property owners within a 100-year floodplain. The City also reviews development plans for projects within floodplains to ensure compliance with City and FEMA floodplain development requirements. No development of any kind will be allowed in the f100dway portion of a 1 OO-year floodplain. Implementation of these measures, which represent standard City practice, will reduce the risk from flooding to a less than significant level. The Planning Area is not subject to tsunamis due to its inland location. Seiches have not historically occurred within the Planning Area (Initial Study, p. 20). Statement of Findings of Fact Temecula General Plan Update 5 G. Land Use and Planning - Divide community; conflict with habitat conservation plans The majority of undeveloped land within the Planning Area is located north of the Temecula corporate city limits, in the sphere of influence. No physical division would result from development pursuant to the General Plan (Initial Study, p. 21). Temecula is located within the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) planning area. In response to the provisions of the MSHCP, the General Plan Open Space/Conservation Element includes the goal of "conservation of important biological habitats and protection of plant and animal species of concern, wildlife movement corridors, and general biodiversity' (Goal 3, Open Space/Conservation Element). This goal is supported by the policy to "coordinate with the County of Riverside and other relevant agencies in the implementation of the Western Riverside County Multiple Species Habitat Conservation Plan" (Policy 3.3, Open Space/Conservation Element). The General Plan supports applicable habitat conservation plans, and no impact will result (Initial Study, p.21). H. Mineral Resources According to the California Geological Survey, no known mineral resources exist in Temecula. Development pursuant to the General Plan will not result in the loss of a known mineral resource (Initial Study, p. 22). I. Population and Housing - Displacement of people or housing The General Plan will allow the development of a variety of uses on currently undeveloped land. However, this new development will not displace substantial numbers of housing units or people. No impact will result (Initial Study, p. 24). J. Transportation - Air traffic patterns; hazardous design features; emergency access; parking; plans for alternative modes of transportation The French Valley Airport is located within Temecula's sphere of influence. Growth pursuant to the General Plan is not anticipated to change air traffic patterns. The County is planning to update the Comprehensive Land Use Plan for French Valley Airport in response to additional region-wide demand for airport services; as part of this process, the impacts of potential increased airport use will be subsequently analyzed. Impact will be less than significant. The Circulation Element addresses the importance of compatibility between design issues and land use compatibility. However, new development is expected to result in additional roadways. All new roadways will be built in accordance with all requisite City and County design requirements. No significant impact will result. The City has a Multi-Hazard Functional Plan in place. In addition, the Public Safety Element calls for regular reviews by the City to assess response times and incorporate newly developed areas to ensure adequate fire and police protection. Impact will be less than significant. Statement of Findings of Fact Temecula General Plan Update 6 All new development pursuant to the General Plan will provide parking in compliance with City standards for the particular use. No significant impact will result. One of the key components of the Circulation Element is to promote the use of alternative transportation modes, including bicycling and walking. Public bus service is provided by the Riverside Transit Agency. The City is committed to ensuring that public transportation becomes a viable alternative to the automobile for residents. The Circulation Element also emphasizes the network of Multi-Use Trails planned for in the City's Multi-Use Trails Master Plan. Impact will be less than significant (Initial Study, p.27). K. Utilities and Service Systems - Wastewater treatment requirements; solid waste The General Plan will not result in development of any use that could exceed established treatment standards. All new development will be required to comply with existing wastewater treatment requirements set forth by the Regional Water Quality Control Board, San Diego region. Impact will be less than significant. Each development approved pursuant to General Plan policy will be required to comply with federal, State, and local statutes and regulations related to the disposal of solid waste. No adverse impact will result (Initial Study, p. 28). Section 2. Findings. The City Council of the City of Temecula determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, the environmental impacts associated with the adoption and implementation of the Temecula General Plan Update will result in a less than significant impact with regard to the following issues, as identified through the analysis presented in the PEIR; therefore, no mitigation measure is required: A. Air Quality - Carbon monoxide hotspots The CALlNE-4 analysis shows that while all study intersections will experience some level of carbon monoxide (CO) concentration, ranging from 0.1 parts per million (ppm) to 1.5 ppm during the 1-hour period, no intersections are anticipated to exceed South Coast Air Quality Management District (SCAQMD) thresholds for the 1-hour standard. Therefore, implementation of the proposed General Plan will not result in a significant impact with regard to CO hot spots (pEIR, p. 5.3-11). B. Geology and Soils - Seismic groundshaking The City requires geological and geotechnical investigations on properties where new development is proposed and seismic and geologic hazards are of concern. Liquefaction assessment studies are also required in areas identified as susceptible to liquefaction. Compliance with General Plan Safety Element goals and policies and implementation of existing regulations will ensure that impacts can be avoided. Impact will be less than significant through the application of these policies and continued standard permit review and building practices (pEIR, p. 5.6-6). Statement of Findings ot Fact Temecula General Plan Update 7 C. Hazards and Hazardous Materials - Hazardous materials; flood hazards; airport proximity; wildland fire hazards In accordance with City, State, and federal requirements, any new development that involves contaminated property will necessitate the clean up and/or remediation of the property in accordance with all applicable federal, State, and local requirements and regulations. No construction will be permitted to occur at potentially contaminated sites until a "no further action" or similar determination has been issued by the City's Fire Department, State Department of Toxic Substances Control, State Regional Water Quality Control Board, and/or other responsible agency. Compliance with existing regulations will ensure a level of safety to current standards, and impact will be less than significant (pEIR, p. 5.7-6). The City will continue to enforce disclosure laws that require all users, producers, and transporters of hazardous materials and wastes to clearly identify the materials that they store, use, or transport, and to notify the appropriate City, county, State, and federal agencies in the event of a violation. Compliance with existing regulations will ensure a less than significant impact (pEIR, p. 5.7-6). Currently, the City participates in the National Flood Insurance Program, enforces Development Code (Title 17 of the Municipal Code) regulations regarding development in the floodplain and floodway, and maintains a dam inundation evacuation plan. Compliance with existing federal, State, and local regulations and plans, including the City's Multi-Hazard Functional Plan, will result in a less than significant impact (pEIR, p. 5.7-7). All land use development entitlements within the area of influence must be approved by the Riverside County Airport Land Use Commission; must be consistent with the French Valley Airport ALUCP to protect the public health, safety, and welfare; must ensure continued orderly use of the airport; and must prevent the creation of new noise and safety problems. Compliance with the ALUCP, which is supported by numerous policies within the proposed General Plan, will ensure a less than significant impact (pEIR, p. 5.7-7). The General Plan Public Safety Element includes policies and implementation programs that direct the City to reduce the potential for dangerous fires by concentrating development in previously developed areas where the risk of wildland fire is lower; to protect hillside areas from expansion of the urban-wildland interface; to encourage residents to plant and maintain drought-resistant, fire-retardant landscape species on slopes to reduce the risk of brush fire and soil erosion; and to work with the Fire Department to control hazardous vegetation. Stringent application of these policies will reduce impact to a less than significant level (pEIR, p. 5.7-7 and 5.7-8). D. Hydrology and Water Quality - Groundwater Per the 1940 Stipulated Judgment in Santa Margarita v. Vail, the water master determines the safe annual yield based on annual audits of the groundwater basin, including how much water was withdrawn from and recharged to the aquifer. Water service providers must purchase imported water or utilize recycled water supplies based on the water master's yearly determination. Compliance with these existing agreements Statement of Findings of Fact Temecula General Plan Update 8 will ensure a less than significant impact on groundwater resources (pEIR, p. 5.8-4 and 5.8-5). E. Land Use and Planning The Regional Comprehensive Plan and Guide (RCPG) prepared by the Southern California Association of Governments (SCAG) contains policies applicable to the General Plan. In particular, the General Plan was compared to the SCAG growth management, Regional Transportation Plan, Air Quality Chapter Core Actions, and the Open Space Chapter Ancillary Policies described in the RCPG. The General Plan is consistent with the Regional Comprehensive Plan and Guide administered by SCAG. Impact is less than significant (pEIR, p. 5.9-23). In compliance with California Water Code Sections 10910-10915, all future development projects pursuant to the proposed General Plan that meet criteria specified in the law are required to determine whether projected water supplies available during normal, single- dry, and multiple-dry water years will be sufficient to satisfy demands of the proposed project, in addition to existing and planned future uses. No major development project will be permitted to proceed unless required determinations can be made. Compliance with existing regulations will minimize the potential for impact (pEIR, p. 5.9-23). F. Noise The General Plan Noise Element includes goals and policies that direct the City to comply with the French Valley ALUCP. Ongoing compliance with the ALUCP and implementation of General Plan policy will ensure a less than significant impact (pEIR, p. 5.10-14). G. Population and Housing Given historical growth patterns and growth management policies contained within the General Plan, implementation of the General Plan will not substantially increase population beyond that already projected to occur within the Planning Area. Furthermore, as described in Section 5.9, Land Use and Planning of the EIR, the General Plan is consistent with SCAG's growth management policies. Impact will be less than significant (pEIR, p. 5.11-3). H. Public Services - Schools Payment of alternative school fees will be used to offset the cost to the Temecula Valley Unified School District (TVUSD) of providing education facilities to future students. The environmental effects of expansion, construction, and operation of additional school facilities will be evaluated by TVUSD in its efforts to plan for construction of new schools or expansion of existing facilities. S8 50 states that for CEQA purposes, payment of fees to the affected school district reduces school facility impacts to a less than significant level (pEIR, p. 5.12-8). Statement of Findings of Fact Temecula General Plan Update 9 I. Transportation/Traffic - Specified Intersections The intersection of Old Town Front Street and Rancho California Road currently operates at a deficient LOS E condition. This intersection will continue to operate at LOS E in 2025, although implementation of the General Plan is anticipated to improve the operation of the intersection from 0.96 ICU in 2002 to 0.91 ICU by year 2025. The project does not create a new LOS E condition at this intersection nor worsen its operation to LOS F. Impact to Old Town Front Street at Rancho California Road is therefore less than significant. The SR-79 northbound on-ramp, Winchester Road southbound off-ramp, and Rancho California Road southbound off-ramp all currently operate at a deficient LOS F condition. These ramps will continue to operate at LOS F in 2025. Long-range implementation of the General Plan does not create a new LOS F condition at these ramps. Impact to these ramps is therefore less than significant. J. Utilities and Service Systems - Wastewater and Stormwater Drainage Proposed General Plan goals, policies, and implementation programs address the impact on City storm drain facilities. Implementation Program GM-9 directs the City to maintain an effective, safe, and environmentally compatible flood control system. Compliance with existing regulations and General Plan Implementation Program GM-9 will ensure a less than significant impact (pEIR, p. 5.14-7). K. Cumulative Impacts - Wildland Fire, Hydrology, and Noise Regional jurisdictions that rely upon the Riverside County Fire Department for service will be subject to similar wildland fire hazards requirements as the City of Temecula. Compliance with existing federal, State, and local regulations and plans regarding hazardous materials, flooding, and wildland fire will result in a less than significant cumulative impact (pEIR, p. 7-6). Water service providers must purchase imported water or utilize recycled water supplies based on the water master's yearly determination. Compliance with these existing agreements will ensure a less than significant impact on water supply. Increased development throughout region, especially on currently undeveloped lots, will increase the amount of impervious surfaces, thereby increasing the amount and speed of runoff, which may impact water quality. Developers of new projects are required to provide on-site drainage and pay area drainage fees. Compliance with existing regulations, including NPDES regulations applicable to construction activities and larger developments, will ensure a less than significant cumulative water quality impact (pEIR, p. 7-6 and 7-7). Implementation of City and County noise ordinances, construction of buildings according to State acoustical standards, and implementation of the Land Use Plan that has been designed to avoid land/use noise compatibility conflicts will ensure cumulative noise impacts will be less than significant (pEIR, p. 7-7). Statement of Findings of Fact Temecula General Plan Update 10 Proposed General Plan Land Use Element policies and programs are designed to accommodate City and regional population growth forecast to occur within the Planning Area through the year 2025. Given historical growth patterns and the growth management policies contained in the proposed General Plan, implementation of the Plan will not substantially increase population beyond that already projected to occur within the Planning Area. The proposed General Plan will not contribute to significant cumulative population and housing impacts (pEIR, p. 7-7). New development throughout the region must comply with the Rancho California Water District's and/or Eastern Municipal Water District's water and sewer service master plans. Fees will be paid as required to fund infrastructure and thus avoid cumulative impact. All jurisdictions within the region will be required to continue to reduce waste generation and divert materials from regional landfills. Compliance with existing local, county, and State regulations will ensure a less than significant cumulative impact (pEIR, p. 7-8). Section 3. The City Council hereby finds that mitigation measures contained in the PEIR have been incorporated into the Temecula General Plan Update, and that such measures avoid or substantially lessen the following potentially significant environmental impacts identified in the General Plan Update PEIR to a less than significant level. The potentially significant project impacts and the mitigation measures that have been adopted to mitigate the impacts to a less than significant level are as follows: A. Aesthetics / Light and Glare 1. Potential Significant Impact Light levels within the Planning Area will increase as new housing units and commercial, industrial, and institutional projects are developed pursuant to the General Plan. New structures could create glare effects if they incorporate reflective building materials. Depending upon the location and scope of individual development projects, the impact on surrounding uses could be significant (pEIR 5.1-3). The General Plan acknowledges the importance of the Palomar Observatory through policies that continue the City's participation in Palomar Observatory's dark sky conservation requirements. If future development pursuant to the General Plan increases the amount of nighttime lighting within the Planning Area, effectiveness of Palomar Observatory may be reduced. A potential exists for a significant aesthetic impact if the project results in substantial light and glare (PEIR 5.1-3). 2. Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final PEIR. Implementation of the following mitigation measure will reduce potential aesthetic impacts to a less than significant level: Statement of Findings of Fact Temecula General Plan Update 11 a. The City will ensure that new development projects comply with the City Light Pollution Control Ordinance when building plans are submitted for permits and when projects are field-inspected (General Plan Implementation Program OS-31 and PEIR 5.1-4). 3. Supporting Explanation General Plan policies state that the City will work with the County of Riverside and California Institute of Technology to ensure preservation procedures for dark skies are implemented within the City's development review process (pEIR, p. 5.1-3). Future development pursuant to the General Plan shall comply with all applicable codes and standards, including the California Building Code, Uniform Fire Code, etc. Compliance with the City's standards shall assure safe utilization of the facilities at night by the public. With implementation of the above mitigation measure, no significant impact related to aesthetics and light and glare are anticipated (pEIR, p. 5.1-4). B. Agricultural Resources 1. Potential Significant Impact Future development within the Planning Area pursuant to the land use policies of the updated General Plan may result in the conversion of Prime Farmland, Unique Farmland, and Farmland of State and Local Importance to non-agricultural use. Of the areas currently identified as Vineyard/Agriculture, approximately four acres may be converted to Rural Residential uses as a result of adoption and implementation of the General Plan. This represents approximately 0.01 percent (one one-hundredth of one percent) of the land currently in agricultural use (pEIR, p. 5.2-5). 2. Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final PEIR. Implementation of the following mitigation measure will reduce potential agricultural resources impacts to a less than significant level: a. The City will preserve agricultural lands by: . Developing effective zoning regulations or other land use mechanisms that control the expansion of intensive non- agricultural development onto productive or potentially productive agricultural lands. . Recognizing existing agriculture preserve contracts and promoting additional preservation contracts for prime agriculture land. (General Plan Implementation Program OS-28, PEIR, p. 5.2-5) Statement of Findings of Fact 12 Temecula General Plan Update 3. Supporting Explanation The proposed project may result in the conversion of four acres of land designated as Vineyard/Agriculture to Rural Residential uses. This represents approximately 0.01 percent (one one-hundredth of one percent) of the land currently in agricultural use within the Planning Area. With regard to areas designated for agricultural use, parallel zoning designations will protect such uses. The City recognizes the importance of agriculture and viticulture in particular to the local economy and tourism base. C. Biological Resources 1. Potential Significant Impacts Impacts to Reqional Sensitive Habitats Development pursuant to implementation and adoption of the General Plan will result in adverse significant impacts if such development results in the modification or removal of regional sensitive habitats within the Planning Area, including: . Coastal Sage Scrub/Riversidean Alluvial Fan Sage Scrub . Vernal Pools/Riparian Scrub, Woodland, and ForesVOpen Water, Reservoir, Pond . Coast Live Oak Woodland . Raptor ForaginglWintering Habitat Impacts to non-native grassland and agricultural land will be significant if the habitat is determined to provide high wildlife value for raptor wintering and foraging, or to support federally or State listed, endangered, or threatened species (pEIR, p. 5.4-16). Impacts to Desiqnated Critical Habitat The Temecula Planning Area encompasses designated critical habitat for the California gnatcatcher and Quino checkerspot butterfly, as determined by United States Fish and Wildlife Service. Critical habitat is primarily located in the northern portion of the Planning Area in French Valley designated for low-medium residential development (pEIR, p. 5.4-16). Impacts to MSHCP Conservation Area/Core Linkaqes The Planning Area encompasses four MSHCP conservation areas and core linkages. Portions of MSHCP conservation areas within French Valley (subunit 5), Pauba Valley (subunit 2), and Temecula Valley (subunits 1 and 6) will incur permanent, indirect impacts from development-associated increases in the amount of fragmented habitat, artificial nighttime illumination, and human intrusion into natural habitats. In addition, impacts to chaparral will be significant if the habitat is located within a MSHCP conservation, core, or linkage area (e.g., Pauba Valley or Temecula Valley). The General Plan provides for development in these areas; at a Plan level, impact may be significant (pEIR, p. 5.4-17). Statement of Findings of Fact Temecula General Plan Update 13 Rare. Threatened. Endanqered and Sensitive Species Development associated with implementation of the General Plan will result in permanent indirect impacts to sensitive flora and fauna species present within the Planning Area where development encroaches into habitat or directly affects the following species: . Munz's onion . Quino checkerspot butterfly . San Diego ambrosia . Arroyo toad . Nevin's barberry . Southwester willow flycatcher . Vail Lake ceanothus . American peregrine falcon . Slender-horned spineflower . Bald eagle . San Diego button-celery . Coastal California gnatchatcher . Spreading navarretia . Least bell's vireo . California orcutt grass . Stephen's kangaroo rat . San Miguel savory Impacts to federally and State-listed, rare, endangered, and threatened species will be significant and adverse. Mitigation measures are required to reduce adverse impacts to a less than significant level. Impacts to lower-sensitivity species will be significant if it is determined that proposed future development will substantially reduce the species' population stability or conflict with the MSCHP conditions of coverage. Mitigation measures are required to provide further environmental review of individual future development projects (Draft EIR, p. 5.4- 17). 2. Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final PEIR. Implementation of the following mitigation measures will reduce potential biological resources impact to a less than significant level: a. The City shall require development proposals in all areas inside or adjacent to sensitive habitat areas, designated critical habitat, and MSCHP conservation areas and core linkages as defined by the U.S. Fish and Wildlife Service, the California Department of Fish and Game and the Multiple Species Habitat Conservation Plan, 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 Implementation Program OS- 9, PEIR, p. 5.4-17). b. 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 Implementation Program OS-10, PEIR, p. 5.4-17). Statement of Findings of Fact Temecula General Plan Update 14 c. The City shall 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, provision of corridor connections for wildlife movement, conservation of water courses, rehabilitation of biological resources displaced in the planning process, and use of project design, engineering, and construction practices that minimize impacts to sensitive species, MSHCP conservation areas, and designated critical habitats (General Plan Implementation Program OS-11, PEIR, p. 5.4-18). d. 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 (General Plan Implementation Program OS-12, PEIR, p. 5.4-18). e. 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 Pian Implementation Program OS-13, PEIR, p. 5.4-18). f. The City shall continue to participate in multi-species habitat conservation planning, watershed management planning, and water resource management planning efforts (General Plan Implementation Program OS-14, PEIR, p. 5.4-18). g. The City shall require project developers to retain coast live oak woodland, including oaks within new development areas, and shall require surveys of all coast live oak trees prior to construction to determine if any raptor nests are present and active. If active nests are observed, postponement of construction activities until the end of the fledgling season is required. The City shall apply the following guidelines adapted from the Riverside County Oak Tree Management Guidelines: . Construction and development activities will be avoided within the root zone (e.g., encompassing an area one-third larger than the drip line of an oak tree . Landscaping, trenching, or irrigation systems will be avoided within the root zone . Land uses that will cause excessive soil compaction within the root zone will be avoided . Manufactured slopes will not be located within the root zone Redirection of surface moisture which alters the soil moisture within the root zone for an extended period of time will be avoided . Filling around the bases of oak trees will be avoided through sedimentation and siltation control . Dying oak trees will be retained in place unless determined to pose a health or safety hazard Statement of Findings of Fact Temecula General Plan Update 15 . Relocation of trees will not constitute mitigation . Oak protection will be oriented toward protection of the life cycle of oak trees and woodland (General Plan Implementation Program OS-32, PEIR, p. 5.4- 18). h. The City will require project proponents to minimize impacts to Coastal sage scrub, Riversidean alluvial fan sage scrub, chaparral, and non-native grassland consistent with the MSCHP. 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 Implementation Program OS-33, PEIR, p. 5.4-19). i. The City shall require project proponents 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 Implementation Program OS-34, PEIR, p. 5.4-19). j. The City shall review 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: . 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. . Taxies: 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. Statement of Findings of Fact T emecula General Plan Update 16 . 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. . 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. . 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. . 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. . Grading/Land Development Manufactured slopes associated with proposed site development shall not extend into the MSHCP conservation area (General Plan Implementation Program OS-35, PEIR, p. 5.4-19). k. The City shall require work corridor surveys to identify active nests for projects with the potential to adversely impact nesting migratory birds, as defined under the Migratory Bird Treaty Act (MBTA). Development projects shall avoid active nests and, if necessary, require seasonal timing constraints for riparian habitat clearing and an MBTA Special Purpose permit prior to the removal of active nests of MBTA covered species (General Plan Implementation Program OS-36, PEIR, p. 5.4- 20). 3. Supporting Explanation Implementation of the mitigation measures will reduce the adverse impacts to biological resources associated with adoption and implementation of the proposed General Plan to a less than significant level (Draft EIR, p.5.4-20). D. Cultural Resources 1. Potential Significant Impacts Impacts to Historic Resources Small urban infill development or redevelopment projects that are not subject to discretionary review by the City may occur that could involve the removal or alteration of Statement of Findings of Fact Temecuia General Plan Update 17 existing structures of historical value or significance. Thus, mitigation is required to minimize potential impacts to historic resources associated with the adoption and implementation of the General Plan (pEIR, p. 5.5-7). Impacts to Archaeoloqical and Paleontoloqical Resources Unknown archaeological sites, structures, and fossils may be unearthed during excavation and grading activities for specific projects. If previously undiscovered artifacts or remains are uncovered during excavation or construction, impact will be significant. Mitigation measures are required to reduce the impact to archaeological and paleontological resources to a less than significant level (pEIR, p. 5.5-7). 2. Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final PEIR. Implementation of the following mitigation measures will reduce potential cultural resources impact to a less than significant level: a. The City shall use the development and environmental review process to: . Ensure that appropriate archaeological and paleontological surveying and documentation of findings is provided prior to project approval. . Require effective mitigation where development may affect archaeological or paleontological resources. . Require that an archaeologist or paleontologist be retained to observe grading activities in areas wher!, the probable presence of archaeological or paleontological resources is identified. . Enforce CEQA provisions regarding preservation or salvage of significant archaeological and paleontological sites discovered during construction activities. . Require monitoring of new developments and reporting to the City on completion of mitigation and resource protection measures (General Plan Implementation Program 05-26, PEIR, p. 5.5-7). b. The City shall enter into a Memorandum of Agreement with the Eastern Information Center of the University of California, Riverside to establish procedures for reviewing the archaeological sensitivity of sites proposed for development (General Plan Implementation Program 05-37, PEIR, p. 5.5-8). c. The City shall continue to implement a historic preservation ordinance in the Old Town area to protect historically significant buildings, sites, roads/trails, and other landscape elements, and to encourage their re-use where appropriate. Preservation of other historic resources will also be considered (General Plan Implementation Program 05-27, PEIR, p. 5.5-8). d. The City will encourage owners of local sites to apply for recognition in the State Historic Resources Inventory, as Riverside County Landmarks, as State Points of Historic Interest, as State Landmarks, and as sites Statement of Findings ot Fact Temecula General Plan Update 18 on the National Register of Historic Places, as deemed necessary (General Plan Implementation Program OS-27, PEIR, p. 5.5-8). 3. Supporting Explanation At the time individual development projects proceed, if such excavation or grading uncovers archaeological resources, developers will be required to comply with CEQA Section 21083.2 and CEQA Guidelines Section 15064.5 regarding the discovery sensitive archaeological resources. Generally, excavation/grading activity will have to be temporarily suspended to allow for an assessment of the resource and appropriate mitigation. Compliance with these existing regulations for individual development projects will result in less than significant impact (pEIR, p. 5.5-8). E. Geology and Soils 1. Potential Significant Impacts Temecula is located in a seismically active area, as is all of Southern California. Projects developed pursuant to General Plan land use policies will expose additional people and structures to groundshaking hazards associated with earthquakes (pEIR, p. 5.6-5). Seismic activity along regional faults creates the potential for groundshaking impacts within the Planning Area. Portions of the Planning Area are underlain with weak, semi- consolidated bedrock and loose, unconsolidated and often saturated alluvial sediments. These soil types have the potential to liquefy or collapse in the event of a major groundshaking event. The fine-grained components of the bedrock units are potentially expansive. The weak soil, combined with steep slopes and saturated drainage channels, make areas of Temecula susceptible to landslides and mudflows (pEIR, p. 5.6-6). 2. Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final PEIR. Implementation of the following mitigation measures will reduce potential geology and soils impact to a less than significant level: a. The City shall work with the County of Riverside and California Geological Survey to monitor and compile information on faults located within the Planning Area (General Plan Implementation Program PS-4, PEIR, p. 5.6-6). b. The City shall develop a Land Use Suitability Matrix for Alquist- Priolo Earthquake Fault Zones and County Fault Hazards Zones. The matrix will categorize land uses according to risk and develop restrictions for these uses within the Zones (General Plan Implementation Program PS-4, PEIR, p. 5.6-7). c. The City shall: 1) prepare and adopt hillside development standards for site development and drainage that work to control runoff for erosion control and water quality purposes; 2) implement a Hillside Grading Ordinance; 3) require the use of proper soil management techniques to reduce Statement of Findings of Fact Temecula General Plan Update 19 erosion, sedimentation, and other soil-related problems; and 4) implement a grading ordinance to ensure that grading associated with new development projects is conducted in accordance with appropriate geotechnical engineering standards (General Plan Implementation Programs OS-21 , PS-5 and PS-16, PEIR, p. 5.6-7). 3. Supporting Explanation The General Plan Public Safety Element includes goals, policies, and programs that direct the City to identify and mitigate adverse impacts of ground surface rupture at the project level and potential adverse impacts of liquefaction and landslides at the project level; to apply and enforce seismic design standards and building construction codes for new development; to work with property owners to remediate hazardous buildings; and to establish development management techniques to lessen the potential for erosion and landslides and to monitor the potential for seismic events. Impact will be less than significant with implementation of these policies and the implementation programs listed above. The City requires geological and geotechnical investigations on properties where new development is proposed and seismic and geologic hazards are of concern. Liquefaction assessment studies are also required in areas identified as susceptible to liquefaction. Compliance with General Plan Safety Element goals and policies and implementation of existing regulations will ensure that impacts can be avoided. Impact will be less than significant through the application of these policies and continued standard permit review and building practices (pEIR, p.5.6-6). F. Hydrology and Water Quality 1. Potential Significant Impacts New development pursuant to the General Plan will result in approximately 15,800 acre- feet per year (af/yr) of additional water demand, based on the gallons per day per capita average factors reported by EMWD and RCWD (pEIR, p. 5.8-4). New development will result in greater areas of impervious surface such as streets, roofs, sidewalks, and parking lots. The absorption rate for impervious surfaces is less than the rate for natural lands. Instead of being absorbed into the ground, stormwater on impervious surfaces is conveyed into local surface streams and improved channels. Increased runoff volumes and speeds may create nuisance flooding in areas lacking adequate drainage facilities (pEIR, P.5.8-5). 2. Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final PEIR. Implementation of the following mitigation measures will reduce potential hydrology and water quality impact to a less than significant level: a. The City will work with the water districts to promote water conservation and ultimately reduce the demand for peak-hour water supply wastewater capacity, review the adopted Uniform Building Code, and require Statement of Findings of Fact Temecula General Plan Update 20 water conservation measures to reduce water consumption. Such measures may include, but are not limited to, the use of plumbing fixtures that reduce water use, low-flow toilets, drip irrigation systems, and xeriscape landscaping that maximizes the use of drought-tolerant plant species (General Plan Implementation Program OS-4, PEIR, p. 5.8-6). b. The City shall review individual development projects to ensure that adequate stormwater detention facilities are provided to accommodate surface water runoff generated by the project, and where needed, incorporate detention of stormwater runoff at the point of origin (General Plan Implementation Program OS-6, PEIR, p. 5.8-6). c. The City will require drought-tolerant landscaping in new development and where feasible, will require incorporation of reclaimed water systems within landscape irrigation plans (General Plan Implementation Program OS-7, PEIR, p. 5.8-6). d. The City will implement, where appropriate, Water Resource Management Guidelines drafted by the subcommittee comprised of Eastern Municipal Water District and local jurisdictions (General Plan Implementation Program OS-8, PEIR, p. 5.B-6). e. The City shall prohibit the use of underground storage tanks and conventional septic tanks/subsurface disposal systems in any area designated within Zone A of a U.S. Environmental Protection Agency wellhead protection area (General Plan Implementation Program GM-13, PEIR, p. 5.8-6). f. The City shall require all proposed development projects using septic tanks and subsurface disposal systems for the disposal of wastewater to provide detailed geotechnical analysis of the project site and siting recommendations in accordance with the EPA's Design Manual for On-site Wastewater Treatment and Disposal Systems that will ensure no impact to potable water production wells in any area designated within Zone A of a U.S. Environmental Protection Agency wellhead protection area (General Plan Implementation Program GM-13, PEIR, p. 5.8-6). g. Proposed developments shall incorporate measures, including measures required by the City pursuant to the National Pollutant Discharge Elimination System (NPDES) Permit, to ensure that the quantity and quality of runoff discharge does not cause or contribute to the violation of water quality standards. Measures shall be required to avoid discharge of untreated surface runoff from developed and paved areas. Stormwater systems shall be designed to prevent the release of toxins, chemicals, petroleum products, exotic plant materials, or other elements. This can be accomplished using a variety of methods including natural detention basins, grass swales, or mechanical trapping or treatment devices. Regular maintenance shall occur to ensure effective operations of runoff control systems (General Plan Implementation Program as- s, PEIR, p. 5.8-7). Statement of Findings of Fact Temecula General Plan Update 21 3. Supporting Explanation To further ensure that groundwater supplies will not be impacted by future development pursuant to implementation of the General Plan, mitigation measures, although not required, are recommended to guarantee that the City work with RCWD and EMWD to investigate additional measures to maintain supply and prevent groundwater depletion (pEIR, p. 5.8-5). Since the General Plan allows for new development within a wellhead protection area designated as a Zone A using criteria of the Environmental Protection Agency, impact could be significant. Mitigation measures have been included that require all proposed development projects using septic tanks and subsurface disposal systems for the disposal of wastewater to provide detailed geotechnical analysis of the project site and siting recommendations that will ensure no impact to potable water production wells ( (pEIR, p. 5.8-5). Temecula participates in the Storm Water Clean Water Protection Program and therefore requires all development project applicants to prepare a Storm Water Pollution Prevention Plan (SWPPP) to mitigate construction-related water quality impacts associated with storm events. In addition, all development proposals must include a Water Quality Management Plan that includes Best Management Practices (BMPs) and outlines how water quality impacts will be minimized during project operation. Compliance with these existing regulations will ensure a less than significant impact on the water quality in surface water bodies. Mitigation measures, although not required, are recommended to maintain adequate stormwater drainage (pEIR, p. 5.8-6). G. Land Use and Planning 1. Potential Significant Impacts Riverside County's Southwest Area Plan (SWAP), as presented in the Riverside County Integrated Plan, envisions substantial amounts of new development surrounding Temecula. The City's General Plan Land Use Policy Map incorporates SWAP- recommended uses for unincorporated areas, and thus no direct conflict between the two plans results. However, development in unincorporated areas pursuant to the SWAP, particularly within the French Valley area, will result in significant impacts with respect to traffic, air quality, and resources that are beyond the City's ability to control. The City has developed a land use plan for the French Valley Area (shown on the proposed Land Use Policy Map) and has designated this area as a Future Growth Area. This part of the land use plan is substantially similar to the County General Plan in this area. The intent of these steps is to ensure that future annexations are beneficial additions to the City, and to minimize impacts of future development in the area on City roads and infrastructure (pEIR, p. 5.9-9). Proposed General Plan iand use policy may conflict with provisions of the current City Development Code and the Riverside County Zoning Ordinance, particularly with regard to land use designation/zoning consistency. For example, areas designated on the Land Use Policy Map as Rural Residential or Vineyards/Agricultural conflict with current Statement of Findings of Fact Temecula General Plan Update 22 zoning, as these are new designations that do not have corresponding zoning districts within the City's Development Code (pEIR, p. 5.9-9). The General Plan includes three Mixed-Use Overlay Areas, identified within the Land Use Element of the proposed General Plan, that apply within the Temecula Redevelopment Project Area. In some cases, the Overlay Areas provide for the addition of residential units within existing shopping centers. On other properties, new mixed-use projects could be constructed. In both scenarios, residential units will likely be introduced within the Redevelopment Project Area, and development intensity may increase (pEIR, p. 5.9-10). Implementation of General Plan policies and programs will ensure that development pursuant to the General Plan within the French Valley Airport area of influence does not conflict with the current County ALUCP for French Valley Airport. Implementation Program LU-24 is required as a mitigation measure to ensure consistency between the General Plan and ALUCP (pEIR, p. 5.9-14). Development pursuant to the General Plan Land Use Element could be inconsistent with some of the development standards outlined in currently adopted specific plans, particularly those under the jurisdiction of the County of Riverside within the City's sphere of influence (pEIR, p. 5.9-23). 2. Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final PEIR. Implementation of the following mitigation measures will reduce potential land use and planning impacts to a less than significant level: a. The City shall require preparation of an annexation plan and fiscal analysis prior to annexation of new areas to the City. Within the annexation plan, applicants must show how adequate levels of public services and facilities will be provided to serve the new development without reducing service levels for currently urbanized areas. The fiscal analysis shall determine the impact that additional development will have on current Temecula neighborhoods and on the community as a whole, including any impact fees necessary to offset public costs caused by the proposed project, and shall include an examination of fiscal and service impacts of the proposed project on roads, water, sewer, storm water runoff, fire, police, schools, libraries and other community facilities (General Plan Implementation Program LU-15, PEIR, p. 5.9-24). b. The City shall review implementation of the General Plan and Land Use Policy Map to ensure consistency is maintained between the General Plan and the Development Code (General Plan Implementation Program LU-1, PEIR, p.5.9-24). c. The City shall review and update the Development Code to ensure consistency with the General Plan (General Plan Implementation Program LU-3, PEIR, p. 5.9-24). Statement of Findings of Fact Temecula General Plan Update 23 d. The City shall implement and update as necessary the Redevelopment Plan to establish consistency with the General Plan and amended Development Code (General Plan Implementation Program LU-11, PEIR, p. 5.9-24). e. The City shall ensure consistency with the County Airport Land Use Compatibility Plan (ALUCP) for French Valley Airport through the following measures: . The City shall review development projects within the French Valley Airport area of influence, and participate in any future updates to the ALUCP and Master Plan for the Airport, in conjunction with the Riverside County Airport Land Use Commission. . The City shall require project proponents to obtain avigation easements as required by the ALUCP to ensure that landowners acknowledge potential impacts associated with aircraft. (General Plan Implementation Program LU-24, PEIR, p. 5.9-24) f. The City shall review and update the Five-Year Capital Improvement Program (CIP) on an annual basis to achieve consistency with improvements identified within the General Plan, and to meet changing needs, priorities, and financial conditions (General Plan Implementation Program LU-17, PEIR, p. 5.9-24). g. The City shall cooperate with Riverside County LAFCO and the County of Riverside to direct growth outside the City limits to the French Valley Future Growth Area, on lands that are served or are planned to be served with a full range of urban services, such as public water and sewer, local and regional road networks demonstrating adequate capacity, safety and emergency response services, parks, trails and open spaces (General Plan Implementation Program LU-16, PEIR, p. 5.9-24). h. The City shall continue to implement the procedures, requirements and contents of specific plans contained in the Development Code. Properties under single ownership or multiple ownership which are generally over 100 acres will utilize the specific plan or village center plan as an implementation tool. Private landowners or the City may undertake the preparation or amendment of a specific plan, in accordance with Government Code Section 65450. Specific plans shall include the location of land uses; standards to regulate height, bulk and setback limits; standards for constructing proposed streets; standards for population density and building intensity; standards for conservation and management of natural resources; and implementation provisions to carry out the Open Space/Conservation Element (General Plan Implementation Program LU-5,PEIR, p. 5.9-25). 3. Supporting Explanation Mitigation measures have been included that: 1) describe annexation requirements for surrounding areas, and 2) require the City to cooperate with Riverside County LAFCO and the County of Riverside to direct growth outside the City limits to the French Valley Statement of Findings of Fact Temecula General Plan Update 24 Future Growth Area, on lands that are served or are planned to be served with a full range of urban services, such as public water and sewer, local and regional road networks demonstrating adequate capacity, safety and emergency response services, parks, trails and open spaces. Impact will be less than significant with implementation of these measures (pEIR, p. 5.9-23). To avoid conflict, mitigation measures are included that: 1) describe annexation requirements for surrounding areas; 2) require the City to periodically review and update the General Plan Land Use Policy Map, and to review and update the Development Code and Specific Plans to be consistent with the updated General Plan; and 3) require the City to continue to implement the procedures, requirements, and contents of specific plans contained in the Development Code. Impact will be less than significant with implementation of these measures (pEIR, p. 5.9-23). H. Noise 1. Potential Significant Impacts Noise Standards Future noise levels along major streets in the City are projected to range from approximately 60 dB(A) to 75 dB(A) CNEL. In some portions of the community, the 60 dB noise contour could expand by as much as 395 feet. Although some roadway segments could experience a decrease, wide-ranging variability exists across the roadway network. As a result, new development pursuant to the proposed General Plan could conflict with adopted noise standards. This is considered a significant impact, and mitigation is required (pEIR, p. 5.10-9). Groundborne Vibration or Noise Long-term implementation of the General Plan could expose persons to excessive groundborne vibration and/or noise. Problems could arise in cases where noise- producing uses are located immediately adjacent to sensitive uses, such as business park areas near residences or schools. Mixed-use projects, such as those encouraged within four Mixed Use Overlay Areas identified in the General Plan Land Use Element, also present unique concerns, such as when restaurants with nighttime entertainment are located close to residential units. In addition, construction-related activities will be short-term sources of groundborne noise that could affect occupants of neighboring uses. These are potentially significant impacts at the project level, and mitigation is required (pEIR, p. 5.10-12). Ambient Noise Levels Transportation-related noise is the strongest contributor to ambient noise levels within the Temecula Planning Area. Future noise levels along major streets within the City are projected to increase due to additional trips on the roadway. New noise levels associated with new transportation facilities shown on the City's Roadway Plan will increase the permanent ambient noise level in the City. These increases in permanent ambient noise levels are considered a significant impact, and mitigation is required. Statement of Findings of Fact TemecuJa Generat Plan Update 25 Long-term implementation of the General Plan creates capacity for additional development within the Planning Area, which could result in substantial temporary or periodic increases in ambient noise levels due to construction activities. Construction equipment generates high levels of intermittent noise ranging from 70 dB(A) to 105 dB(A), and thus will result in a significant impact where noise-sensitive land uses adjoin construction sites. Although construction-related noise will be short term for each specific construction project and will cease upon completion of construction, the cumulative impact over time could be significant at specific locations (pEIR, p. 5.10-12). 2. Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final PEIR. Implementation of the following mitigation measures will reduce potential noise impact to a less than significant level: a. The City will review residential and other noise-sensitive development proposals to ensure that noise standards and compatibility criteria are met, and will require incorporation of noise-mitigating features identified in acoustical studies prepared for development projects including, but not limited to, the following measures identified in the Noise Element (General Plan Implementation Programs N-1, N-3, N-5 and N-7). . Use of building setbacks to increase distance between noise sources and receivers . Placing noise tolerant land uses such as parking lots, maintenance facilities, and utility areas between noise sources and receptors. . Orienting or clustering buildings to shield outdoor spaces from noise sources. . Placing bedrooms on the side of a house, facing away from major roadways. . Placement of noise tolerant rooms (e.g. garages, bathrooms and kitchens) to shield noise-sensitive portions of homes. . Use of additional insulation and double-pane windows when bedrooms cannot be located on the side of a house away from a major roadway. . Avoid placement of balconies facing major travel routes. (pEIR, p. 5.10-14) b. Where architectural design treatments described in mitigation measure a above fail to adequately reduce adverse noise levels or will significantly increase the costs of land development, the City will require the combined use of noise barriers and landscaped berms (General Plan Implementation Program N-7, PEIR, p. 5.10-14). c. The City will require all non-emergency construction activity to comply with the limits (maximum noise levels, hours and days of activity) established in State and City noise regulations (Title 24 California Code of Regulations, Temecula Development Code and Chapter 8.32 of the Municipal Code), and will require proposed industrial or commercial projects located near residential areas to demonstrate that the project, when constructed, will meet City noise reduction requirements (General Plan Implementation Program N-2, PEIR, p. 5.10-16). Statement of Findings of Fact T emecula General Plan Update 26 d. During review of development applications, the City will consider the noise and vibration impacts of the proposed land use on current or planned adjacent uses (General Plan Implementation Program N-4, PEIR, p. 5.10-16). e. The City will: 1) incorporate noise control measures, such as sound walls and berms, into roadway improvement projects to mitigate impacts to adjacent development; 2) provide noise control for City streets within the Planning Area experiencing unique noise problems; 3) use the ultimate roadway capacity at LOS C and the posted speed limit to estimate maximum future noise impacts; and 4) coordinate with the Riverside County Sheriff's Department and the California Highway Patrol to enforce the California Vehicle Code noise standards for cars, trucks, and motorcycles (General Plan Implementation Program N-8, PEIR, p. 5.10-16). 3. Supporting Explanation With implementation of mitigation measures list above, land/use noise compatibility impacts can be addressed at the project level to avoid impact. Impacts resulting from groundborne vibrations or noise will be reduced to a less than significant level (pEIR, p. 5.10-16). I. Public Services/Recreation 1. Potential Significant Impacts Fire and Police Protection Development projects anticipated to occur pursuant to General Plan policy will result in increased demand for fire and police protection services and facilities, as well as increased demand for water resources for fire protection and other emergencies. This represents a significant impact. The Fire Department conducts final construction plan check reviews and issues certificates of occupancy for all new development projects. Projects within the City limits are also required to pay Development Impact Fees (DIF) to fund the expansion of fire protection and emergency services. Nonetheless, mitigation measures are required to reduce impact to a level below significance (pEIR, p. 5.12-4). Libraries The new Temecula Public Library will have 34,000 square feet of library space and 80,000 volumes. Additional volumes are available through the Library District's branch library system and interlibrary loan agreements. Nevertheless, residential development projects anticipated to occur pursuant to General Plan policy will result in demand for library resources beyond those provided by the new Temecula Public Library. Even with the opening of the new library, new development associated with long-term implementation of the General Plan will require the construction of new or expanded library facilities. Impact will be significant, and mitigation measures have been added to the project (pEIR, p. 5.12-10). Statement of Findings of Fact Temecula General Plan Update 27 Parks and Recreation Residential development projects anticipated to occur pursuant to General Plan policy will require the City to provide 204 net new acres of parkland to meet parkland per capita goals. This net new acreage is in addition to the acreage needed to meet an existing 164-acre deficit. Sufficient parkland to meet the needs of existing residents is anticipated to be provided by the year 2013 through the acquisition and dedication of parks and school facilities within identified specific plan areas. However, new development projects pursuant to the General Plan will result in increased use of existing neighborhood and regional parks, other recreational facilities, and trails, and this increased use may cause or accelerate substantial physical deterioration of these facilities. Impact will be significant, and mitigation measures are required (pEIR, p. 5.12- 14). 2. Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final PEIR. Implementation of the following mitigation measures will reduce potential public services/recreation impact to a less than significant level: Fire and Police a. The City will periodically evaluate levels of sheriff, fire, and emergency medical services, based on changes in population and development, and will: 1) provide a minimum of one full-time officer per 1,000 residents for police protection services; 2) maintain facilities, staffing, and equipment necessary to maintain a five-minute response time for 90 percent of all emergencies; and 3) implement new programs to meet the changing needs of residents (General Plan Implementation Program GM-4, PEIR, p. 5.12-4). b. As part of the development review process, the City will require new development projects to address fire and police protection proactively, through all-weather access street design, orientation of entryways, siting of structures, landscaping, lighting, and other security features; and will require illuminated addresses on new construction (General Plan Implementation Program GM-5, PEIR, p. 5.12-4). Libraries c. The City will identify and solicit funding from additional sources to supplement library facilities and services. Such funding sources may include State and federal grants and loans, public and private donations, sponsorships by local and national corporations, and other private individuals and groups (General Plan Implementation Program GM-7, PEIR, p. 5.12-10). d. The City will coordinate with the County to determine location, facilities, and services of new branch libraries needed to serve the community (General Plan Implementation Program GM-7, PEIR, p. 5.12-10). Statement of Findings of Fact Temecula General Plan Update 28 Parks e. The City will identify potential sites for additional park land, monitor demand for park land and facilities concurrent with development approvals, and prioritize potential parkland acquisitions, expansions, and improvements within the five year Capital Improvement Program, consistent with the adopted Parks and Recreation Master Plan (General Plan Implementation Program OS-1, PEIR, p. 5.12-14). f. The City shall continue to implement a local code that incorporates standards for parkland dedication and development. Specifically the City shall: 1) require the dedication of parkland or the payment of in-lieu fees and the development of recreation facilities for all new development; and 2) require developers of residential projects greater than 200 units to dedicate land based on the park acre standard of five acres of usable parkland to 1,000 residents (General Plan Implementation Program OS-2, PEIR, p. 5.12-14). g. The City shall: 1) implement policies and standards of the Parks and Recreation and Multi-Use Trails and Bikeways Master Plans, including trail classifications, design standards, implementation mechanisms, and capital improvement programming; and 2) ensure that bike routes are provided or reserved concurrent with new development (General Plan Implementation Program OS-29, PEIR, p. 5.12-14). 3. Supporting Explanation The City will continue to collect Development Impact Fees to offset impacts on fire and police protection seNices, and to require that design features be incorporated into projects to minimize threats to public safety. Adequate mitigation is included and adopted as General Plan implementation programs to expand library seNices and facilities as demand dictates, and to provide park lands and other recreation facilities for existing and future residents. The implementation/mitigation cited above will reduce impact to less than significant levels (pEIR, pp. 5.12-4, 5.12-10, 5.12-14). J. Utilities and SeNice Systems 1. Potential Significant Impacts Water Supply Buildout pursuant to General Plan land use policy will not result in demand for water service that exceeds RCWD's planned future supply in 2020. Impact on the RCWD's ability to provide water will be less than significant. However, increased demand by agriculture and other water users within RCWD's seNice area could lead to an impact on future water supply (pEIR, p. 5.14-3). Buildout pursuant to General Plan land use policy will not result in demand for water service that exceeds EMWD's planned future supply. Impact on EMWD's ability to provide water will be less than significant. However, increased demand by other water users in the district's service area could lead to an impact on future water supply (pEIR, p.5.14-3). Statement of Findings of Fact Temecula General Plan Update 29 Wastewater Estimated future wastewater treatment demand required to support the project is one million gallon per day (mgd) greater than the projected capacity of water treatment facilities currently serving Temecula. Given that future demand is based upon a very long- term buildout horizon, the one mgd difference is not considered significant, although additional mitigation is included in the PEIR to provide for continued monitoring and potentially an update of EMWD's master plan to reflect Temecula's projections (pEIR, p. 5.14-5). Enerqv The demand for electricity is anticipated to increase by about 102.1 megawatt hours (mwh) per month. Southern California Edison will construct additional electricity facilities as necessary to meet increased demand. The future energy supply for the Temecula and California is considered a major task for long-range planning. SCE will need to consider the future generation of electricity with careful consideration of the anticipated peak usage within its service areas (pEIR, p. 5.14-9). The demand for natural gas is anticipated to increase by approximately 104.49 million cubic feet (met) per month. The Gas Company will work with the City as new developments are proposed to construct additional natural gas infrastructure as necessary to meet demand. The Gas Company will consider the future gas supply for its service areas with attentive consideration since the majority of gas consumed in California is transported from out-of-state sources (pEIR, p. 5.14-10). Solid Waste Solid waste generation is anticipated to increase by 425,271 pounds per day, for a total of about 876,443 pounds per day at General Plan buildout. The City currently manages a residential recycling program that diverts nearly 50 percent of the solid waste generated. Furthermore, the Riverside County Waste Management Department expects to expand the capacity of both EI Sobrante and Badlands Sanitary Landfills. The City will continue to implement solid waste reduction programs in compliance with Section 40050 et seq. of the California Public Resources Code. Thus, although implementation of the General Plan will result in new development and redevelopment within the Planning Area and related increases in solid waste generation, impact will be less than significant with mitigation (pEIR, p. 5.14-12). 2. Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final PEIR. Implementation of the following mitigation measures will reduce potential utilities and service systems impact to a less than significant level: Water SupplV a. The City shall assist the Rancho California and Eastern Municipal Water Districts in the process of updating their urban water management plans to be Statement of Findings of Fact Temecula General Plan Update 30 responsive to the population and housing unit capacities established by the General Plan (General Plan Implementation Program GM-B, PEIR, p. 5.14-4). b. The City shall review the adopted Uniform Building Code and require new development projects to include water conservation features to reduce consumption, including, but not limited to: use of reduced-flow plumbing fixtures, low-flow toilets, drip irrigation systems and xeriscape landscaping (General Plan Implementation Program OS-4, PEIR, p. 5.14-4). c. The City shall ensure that discretionary projects implementing the General Plan (Specific Plans, land divisions, development plans and conditional use permits) comply with California Water Code Section 10910, requiring the preparation of a water supply assessment indicating that a long-term water supply for a 20-year time frame is available. Written acknowledgement that water will be provided by a community or public water system with an adopted urban water management plan that includes consideration of the project's water consumption and supply shall constitute compliance with this requirement (General Plan Implementation Program OS-38, PEIR, p. 5.14-4). d. The City shall: 1) continue to require drought-tolerant landscaping in new development projects; 2) where feasible, incorporate reclaimed water systems into landscape irrigation plans; 3) continue to implement a recycled water ordinance in accordance with the requirements of Senate Bill 2095, Water Recycling in Landscaping Act; and 4) convert existing City of Temecula non-domestic water uses to recycled water use in accordance with Sections 13550-13556 of the State Water Code when feasible (General Plan Implementation Program OS-7, PEIR, p. 5.14-4). Wastewater e. The City shall assist the Eastern Municipal Water District in the process of updating its water master plan for projecting wastewater service to be responsive to the population and housing unit capacities established by the General Plan (General Plan Implementation Program GM-8, PEIR, p. 5.14-6). Enerqv f. The City shall coordinate with Southern California Edison, the Southern California Gas Company, and other responsible companies to provide for the continued maintenance, development, and expansion of electricity and natural gas systems (General Plan Implementation Program GM-11, PEIR, p. 5.14-9). g. The City shall participate in the formation of regional siting plans and policies for energy facilities (General Plan Implementation Program OS-15, PEIR, p. 5.14-10). h. The City shall implement land use and building controls that require new development to comply with the California State Energy Regulation requirements (General Plan Implementation Program OS-17, PEIR, p. 5.14-10). i. The City shall 1) enforce all current residential and commercial California Energy Commission energy conservation standards, 2) encourage public institutions to use high-efficiency heating and cooling systems, advanced lighting systems, and Statement of Findings of Fact Temecula General Plan Update 31 passive solar systems to reduce energy use; and 3) adopt project-related energy conservation guidelines that are incorporated within the development approval process to promote and require conservation strategies as development occurs (General Plan Implementation Program OS-18, PEIR, p. 5.14-10). Solid Waste j. The City will 1) assist the Riverside County Solid Waste Management Department to implement the County's Solid Waste Management Plan, and when feasible and appropriate, assist the County in locating cost effective and environmentally acceptable solid waste sites and facilities; and 2) promote awareness of recycling options for businesses (General Plan Implementation Program GM-10, PEIR, p. 5.14-12). k. The City will require incorporation of recycling as a condition of approval for all multi-family residential, commercial and office projects, and will work with the private sector contractor providing solid waste services to ensure that appropriate recycling containers, procedures, and education are readily available (General Plan Implementation Program GM-14, PEIR, p. 5.14-12). I. The City shall continue to compost green waste collected from landscape and park maintenance (General Plan Implementation Program GM-15, PEIR, p. 5.14- 12). 3. Supporting Explanation The proposed project will create increased demand for utilities and service systems at both the local and regional levels. After mitigation, potential project impacts are reduced to a less than significant level. Section 4. The City Council hereby finds that, despite the incorporation of mitigation measures outlined in the PEIR, the following impacts cannot be fully mitigated to a less than significant level, and a Statement of Overriding Considerations is therefore included herein: A. Air Quality - Short-term Construction Related, Long-term, and Cumulative 1. Potential Significant Impact The proposed project will have a short-term impact on air quality from construction activities. While individual development projects will be required to employ construction approaches that minimize pollutant emissions (e.g., watering for dust control, tuning of equipment and limiting truck traffic to non-peak hours), on a cumulative basis over the next 20 years, pollutant emissions associated with construction activity will be significant, and mitigation is required (pEIR, p. 5.3-9). The proposed project will add emissions to a non-attainment air basin. Levels of PM10 have exceeded State standards regularly in the past and are expected to continue exceeding these standards in the future. Therefore, long-term air quality impacts resulting from adoption and implementation of the proposed General Plan will be significant, and mitigation measures are required (pEIR, p. 5.3-10). Statement of Findings of Fact Temecula General Plan Update 32 2. Findings Implementation of the following mitigation measures will reduce short-term, long-term, and cumulative air quality impacts to the extent feasible: a. The City will support regional transit initiatives and promote development of high-speed rail service connecting Temecula to San Diego and Los Angeles; actively participate in efforts to protect and improve air quality in the region; and attend meetings with the County of Riverside, WRCOG, SCAQMD, SCAG, and other agencies as required to support these objectives and fulfill Temecula's requirements and obligations under the AQMP and Sub-Regional Air Quality Implementation Program (General Plan Implementation Program AQ-1, PEIR, p. 5.3-11). b. The City will continue to involve the general public, environmental groups, the business community, and special interest groups in the formulation and implementation of air quality programs; conduct periodic public outreach efforts; and continue to promote public education as a method of employer compliance with the City Trip Reduction Ordinance (General Plan Implementation Program AQ-2, PEIR, p. 5.3- 11). . c. The City will adhere to policies and programs of the Land Use Element, including development of mixed-use projects where designated and feasible (General Plan Implementation Program AQ-3, PEIR, p. 5.3-12). d. The City will encourage development and expansion of businesses, and promote development of housing affordable to all segments of the community near job opportunity sites, and within Mixed Use Overlay Areas (General Plan Implementation Program AQ-4, PEIR, p. 5.3-12). e. The City will continue to implement a site development permit process and use the California Environmental Quality Act (CEQA) in the review of proposed development projects. The City shall require individual development projects to comply with the following measures to minimize short-term, construction-related PM1Q and NOx emissions, and to minimize off-site impacts: . Water all active construction areas at least twice daily. . Cover all haul trucks or maintain at least two feet of freeboard. . Pave or apply water four times daily to all unpaved parking or staging areas. . Sweep or wash any site access points within 30 minutes of any visible dirt deposition on any public roadway. . Cover or water twice daily anyon-site stockpiles of debris, dirt or other dusty material. . Suspend all operations on any unpaved surface if winds exceed 25 mph. . Hydroseed or otherwise stabilize any cleared area which is to remain in active for more than 96 hours after clearing is completed. . Ensure that all cut and fill slopes are permanently protected from erosion. . Require the construction contractor to ensure that all construction equipment is maintained in peak working order. . Limit allowable idling to 10 minutes for trucks and heavy equipment. . Encourage car pooling for construction workers. . Limit lane closures to off-peak travel periods. Statement ot Findings of Fact Temecula General Plan Update 33 . Park construction vehicles off traveled roadways. . Wet down or cover dirt hauled off-site. . Wash or sweep away access points daily. . Encourage receipt of materials during non-peak traffic hours. . Sandbag construction sites for erosion control. Approve development that could significantly impact air quality, either individually or cumulatively, only if it is conditioned with all reasonable mitigation measures to avoid, minimize, or offset the impact. (General Plan Implementation Programs LU-4 and AQ-5, PEIR, p. 5.3-12). f. The City will ensure location of new sensitive receptors away from major air pollution sources, and require buffering of sensitive receptors from air pollution sources through the use of landscaping, open space, and other separation techniques (General Plan Implementation Program AQ-6, Draft EIR, p. 5.3-12). g. The City will incorporate strategies into City-wide design guidelines and development standards that promote a pedestrian-scale environment, encourage use of mass transit, and reduce dependence on the automobile (General Plan Implementation Program AQ-7, PEIR, p. 5.3-13). h. The City will promote the use of alternative work weeks, flextime, telecommuting, and work-at-home programs among employers in Temecula, and continue to enforce provisions of the City Trip Reduction Ordinance, including requirements for preparation of Trip Reduction Plans (TRPs) for qualifying development projects and employers (General Plan Implementation Program AQ-8, PEIR, p. 5.3-13). i. The City will require employee rides hare and transit incentives for large employers, consistent with the requirements of the City's Trip Reduction Ordinance, and continue to encourage voluntary compliance with the Ordinance for smaller employers (General Plan Implementation Program AQ-9, Draft EIR, p. 5.3-13). j. The City will require operators of large scale outdoor events to submit a Trip Reduction Plan (TRP) applicable to both patrons and employees during the course of the event, and encourage special event operators to advertise and offer discount parking incentives to carpooling patrons, with two or more persons per vehicle, for on- site parking facilities (General Plan Implementation Program AQ-10, PEIR, p. 5.3-13). k. The City will work to achieve local performance goals for vehicle miles traveled (VMT) reduction, consistent with SCAG's Growth Management Plan recommended standards for the Western Riverside County sub-region, and enforce requirements and options within the Trip Reduction Ordinance (General Plan Implementation Program AQ-11, PEIR, p. 5.3-13). I. The City will promote and encourage the use of alternative fuel vehicles and consider the adoption of an ordinance requiring provision of alternative fueling stations at or near major employment locations, shopping centers, public facilities, and mixed-use developments (General Plan Implementation Program AQ-12, PEIR, p. 5.3- 13). Statement ot Findings of Fact Temecula General Plan Update 34 m. The City will encourage pedestrian and bicycle trips as an alternative to single-occupancy vehicle trips by constructing and maintaining trails and bikeways specified in the Multi-Use Trails and Bikeways Master Plan, and will periodically update the Master Plan as needed to meet resident needs and City objectives (General Plan Implementation Program AQ-13, PEIR, p. 5.3-13). n. The City will work with Caltrans and RTA to identify potential sites for Park and Ride facilities adjacent to key commuting routes within the City, and to prioritize development of such facilities in corridors served by more than one mode of planned transportation (automobile, transit, and/or high-speed rail) (General Plan Implementation Program AQ-14, PEIR, p. 5.3-13). o. The City will require incorporation of energy efficient design elements in residential, commercial, light industrial and mixed-use development projects. Examples may include (but are not limited to) the following. . Site orientation strategies that use shade and windbreak trees to reduce fossil fuel consumption for heating and cooling. Building designs that maximize use of natural lighting, provide for task lighting, and specific high-efficiency electric lighting (General Plan Implementation Program AQ-15, PEIR, p. 5.3-13). . p. The City will improve roadway capacity by restricting on-street parking, improving signal timing, widening intersections, adding through and turn lanes, and other transportation systems management measures (General Plan Implementation Program C-3, PEIR, p. 5.3-14). q. The City will develop and promote park and ride and Transit Oasis facilities, and encourage preferred parking for ride-sharing and low emission vehicles (General Plan Implementation Program C-18, PEIR, p. 5.3-14). r. The City will continue to work with trucking industry representatives to orient trucks to truck routes, and to divert commercial truck traffic to off-peak periods to reduce congestion and diesel emissions (General Plan Implementation Program C-19, PEIR, p. 5.3-14). Specific economic, legal, social, technological, or other considerations, including the provision of employment opportunities for highly trained workers, make infeasible the imposition of additional mitigation measures. 3. Supporting Explanation The proposed project is anticipated to exceed SCAQMD's daily threshold emission levels of PMlO for construction activities. Further, the addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact. Mitigation measures are proposed and will be included as General Plan implementation programs to reduce this impact. The General Plan will facilitate construction of new development throughout the Planning Area over an approximate ten-year period, which will result in air quality impact due to construction activities. The addition of emissions to an air basin designated as non- Statement of Findings of Fact Temecula General Plan Update 35 attainment is considered under CEQA to be a significant impact. The project's incremental contribution to this impact will be reduced by mitigation measures a through r above. The project's incremental impact, after mitigation, remains significant. With implementation of goals and policies in the General Plan and incorporation of the mitigation measures into the General Plan as implementation programs, air quality impacts will be substantially lessened. However, the degree to which these measures will reduce particulate matter emissions and construction-related emissions cannot be quantified at this time. Air pollutant levels will still continue to exceed the SCAQMD threshold criteria for significance. Impact will be significant and unavoidable (pEIR, p. 5.3-14). Under CEQA Guidelines Section 15093, a Statement of Overriding Considerations would need to be adopted for the air quality impacts, which remain significant and unavoidable after mitigation (pEIR, p. 5.3-14). B. Transportation 1. Potential Significant Impacts Long-range implementation of General Plan land use policy will create new operating deficiencies at the following three intersection locations: . Ynez Road and Winchester Road - LOS E at P.M. peak hour . Ynez Road and Solana Way - LOS E at P.M. peak hour . Ynez Road and Rancho California Road - LOS E at P.M. peak hour Impact will be significant at these intersections. Mitigation measures are required to reduce the level of impact (pEIR, p. 5.13-15). Long-range implernentation of General Plan land use policy will create new operating deficiencies at the following six freeway ramps: . Winchester Road Direct northbound on-ramp - LOS F at P.M. peak hour . Winchester Road Loop northbound on-ramp - LOS F P.M. peak hour . Southern Bypass/Anza Road southbound on-ramp - LOS F at A.M. peak hour . Winchester Road northbound off-ramp - LOS F at P.M. peak hour . French Valley Parkway southbound off-ramp - LOS F at A.M. peak hour . Winchester Road southbound off-ramp - LOS F at A.M. and P.M. peak hours Impact will be significant at these freeway ramps. Mitigation rneasures are required to reduce the level of impact (pEIR, p. 5.13-18). 2. Findings Implementing the following rnitigation measures will reduce transportation impacts to the extent feasible: a. The City will: 1) prioritize, secure funding, design, and build new roadways and complete roadway improvements using the established Capital Improvement Plan process to irnplement the circulation systern shown on the proposed Roadway Plan concurrent with land development; and 2) require that new roadways Statement of Findings of Fact Temecula General Plan Update 36 meet roadway classification design specifications and performance criteria established in the proposed Circulation Element. Table 1 summarizes new roadways and arterial widening projects required to implement the proposed Roadway Plan 1 (General Plan Implementation Program C-1, PEIR, p. 5.13-18). b. The City will monitor the performance of Principal Intersections on an ongoing basis and ensure that Principal Intersections approaching Level of Service D are prioritized for improvement within the City's Five-Year Capital Improvement Program (General Plan Implementation Program C-3, PEIR, p. 5.13-19). c. The City will: 1) continue to update the Capital Improvement Plan on an annual basis to plan for and fund future improvements to the roadway, pedestrian, and bicycle systems; 2) identify available funding sources and establish a financing plan to guide construction and funding of transportation system improvements, and 3) require new development projects to construct and/or fund in whole or in part necessary traffic improvements associated with the proposed project, through the assessment and collection of traffic impact fees. Such improvements should address both automotive, as well as alternative means of transportation (General Plan Implementation Program C-5, PEIR, p. 5.13-19). d. The City will require additional dedication of right-of-way on all approaches to Principal Intersections. Such right-of-way shall be preserved for future intersection improvements that may be required at these intersections, such as full width auxiliary turn lanes and/or dual-left turn lanes (General Plan Implementation Program C- 4, PEIR, p. 5.13-19). e. The City will implement the following procedures and requirements to minimize impacts of proposed development projects on the City's circulation system, and to encourage increased use of alternative transportation: . Evaluate development proposals for potential impacts to the transportation and infrastructure system. . Require mitigation in the form of physical improvements and/or impact fees for significant impacts prior to or concurrent with project development. . Require dedication of adequate right-of-way along new roadways to permit pedestrian and bicycle facilities. . Require new development to incorporate design features that facilitate transit service and encourage transit ridership, such as bus pullout areas, covered bus stop facilities, efficient trail systems through projects to transit stops, installation of bike lanes, bikeways, and bicycle parking, and incorporation of pedestrian walkways that pass through subdivision boundary walls, as appropriate. . Require new specific plans and other projects to provide an internal system of pathways and trails. Trails should link schools, shopping centers, transit, and other public facilities in residential areas. . Require transportation demand management plans to be submitted for preliminary review at the Specific Plan or Development Plan stage of site development and 1 The improvements described in Table 1 respond to the likely future operating conditions of the roadway network. Details regarding the configuration of proposed improvements represent the best options availabie based on current information. Actual improvements, particularly those at intersections, will be established through engineering design. Statement of Findings of Fact Temecula General Plan Update 37 submitted for final approval prior to issuance of building permits (General Plan Implementation Program C-6, PEIR, p. 5.13-19). f. The City will: 1) identify local streets that are currently closed that may benefit citywide circulation if the street was re-opened or construction of the street was completed; 2) assess the feasibility of opening previously closed streets or completing construction of local connecting streets that benefit citywide circulation on a case-by- case basis, providing ample opportunity for both neighborhood residents and the community at-large to comment on such proposals, and 3) establish a review process for the future closing of any local street that requires City Council determination that the closure does not have an adverse affect on citywide circulation (General Plan Implementation Program C-7, PEIR, p. 5.13-22). g. The City will: 1) continue to work with WRCOG, SCAG and others to advocate future commuter or high speed rail service connecting Temecula to Los Angeles, Riverside and San Diego; 2) ensure that any future commuter rail corridor serving Temecula is located on the west side of 1-15 to reduce noise impacts on residential areas; and 3) require new commercial, industrial, or mixed use development in areas surrounding proposed stations to include transit-oriented design amenities (General Plan Implementation Program C-12, PEIR, p. 5.13-22). h. The City will promote the use of alternative work weeks, flextime, telecommuting, and work-at-home programs among employers in Temecula, and continue to enforce provisions of the City's Trip Reduction Program Ordinance, including requirements for preparation of Trip Reduction Plans (TRPs) for qualifying development projects and employers (General Plan Implementation Program C-13, PEIR, p. 5.13-22). i. The City will implement the adopted Multi-Use Trails and Bikeways Master Plan to complete design and construction of a comprehensive alternative transportation network, promote safe use of the trail system, and ensure accessibility of pedestrian facilities to the disabled (General Plan Implementation Program C-15, PEIR, p.5.13-22). j. The City will continue to improve transit service and encourage ridership through the following actions: . Require transit facilities in major new development and rehabilitation projects. . Coordinate with providers to get more frequent service and broader transit coverage serving employment, shopping, educational, recreational, and residential areas. . Work with providers to identify and receive additional funding sources for additional transit services. Statement of Findings of Fact Temecula General Plan Update 38 I/) .. IJ <<l C. .E E .. ~ , Cl t: o ...J Q) .. <<l Cl E :E .....s ..9:!"C .QQ) C'a.: I- ::l 0' Gl a: I/) .. t: Q) E Q) > o .. c. 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"tl a: a: 0 0 Ol o '" " 0 0 0 0 0 r--- ~ 0 0 N N N N N il: '" Qi " " 5 5 '" 'C 'C (ii';:: " " " " " d: " " Ol Ol Ol Ol Ol N 0 0 " Qi l!l '0 '0 o ~ " N .iii 15 '" '" '" '" '" '" '" ~ ~ " " " " " ~ " Ol Ol 0 0 .r::; " .c :; :; Ol Ol I!! " a: a: a: a: a: a: Ul Ul >- >- >- >->- -0: Ol ..., ...J 0.. 0.. f- => -0: II: -0: -0: Ol Ol Ol::;; u.-o: o " Ol -10 0'0 "'c. u.=> '0" "' '" g>C:: :oe .~ Q) u." -Ol O(!) 'C '" Ol- E 13 Ol Ol - E J!!Ol Ulf- The City will also collaborate with providers to identify needs and provide special transit services beyond fixed-route buses. Potential services include, but are not limited to: . Subscription or dial-a-ride service for lower density residential areas . Offering limited transit service between outlying residential areas and the City's commercial/employment core . Shuttle or trolley service between Old Town and other destinations along the 1-15 commercial corridor, and expanded service to other areas, including the wineries along Rancho California Road, as opportunities arise . Providing bicycle carrying racks on buses. (General Plan Implementation Program C-16, PEIR, p. 5.13-22) k. The City will encourage carpooling and use of public transportation in Temecula through the following measures: . Develop and promote park and ride and Transit Oasis facilities within the City. . Encourage preferred parking for ride sharing and low emission vehicles (General Plan Implementation Program C-18, PEIR, p. 5.13-23). Additional changes or alterations to the regional circulation system are within the responsibility and jurisdiction of another public agency and not the City of Temecula. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Also, specific economic, legal, social, technological, or other considerations, including the provision of employment opportunities for highly trained workers, make infeasible additional mitigation measures. 3. Supporting Explanation Even with implementation of mitigation measures, significantly impacted intersections and freeway ramps cannot be mitigated to a less than significant level. These facilities include: . Ynez Road and Winchester Road (P.M. peak hour) . Ynez Road and Solana Way (P.M. peak hour) . Ynez Road and Rancho California Road (P.M. peak hour) . Winchester Road Direct northbound on-ramp (P.M. peak hour) . Winchester Road Loop northbound on-ramp (P.M. peak hour) . Southern Bypass/Anza Road southbound on-ramp (A.M. peak hour) . Winchester Road northbound off-ramp (P.M. peak hour) . French Valley Parkway southbound off-ramp (A.M. peak hour) . Winchester Road southbound off-ramp (A.M. and P.M. peak hour) Under CEOA Guidelines Section 15093, a Statement of Overriding Considerations would need to be adopted for the air quality impacts, which remain significant and unavoidable after mitigation (pEIR, p. 5.13-23). Section 5. Alternatives to the Project. The City Council hereby declares that it has considered the alternatives identified in the PEIR as described below. CEOA requires that an EIR evaluate a reasonable range of alternatives to a Project, or to the location of the Project, which: (1) offer substantial environmental advantages over the Project proposal, and (2) may be feasibly accomplished in a successful manner within a reasonable period of time considering the economic, environmental, social and technological factors involved. An EIR must only Statement of Findings of Fact 41 T emecula General Plan Update evaluate reasonable alternatives to a Project which could feasibly attain most of the Project objectives, and evaluate the comparative merits of the alternatives. In all cases, the consideration of alternatives is to be judged against a "rule of reason." The lead agency is not required to choose the "environmentally superior" alternative identified in an EIR if the alternative does not provide substantial advantages over the proposed Project and (1) through the imposition of mitigation measures the environmental effects of a Project can be reduced to an acceptable level, or (2) there are social, economic, technological or other considerations which make the alternative infeasible. A. No Project Alternative - 1993 General Plan 1. Description The No Project Alternative assumes that the 1993 General Plan remains as the adopted long-range planning policy document for the Planning Area. The No Project Alternative represents conditions that would exist in the year 2025 if development with the Planning Area and the region continued to grow at the pace and extent permitted in the 1993 General Plan, and if the 1993 General Plan policies were implemented by the year 2025 (pEIR, p. 6-2). 2. Finding The City Council finds that the No Project Alternative generally would have the same significant unavoidable impacts as the proposed project and would introduce several new significant impacts related to agricultural resources, air quality, land use and planning, noise, population and housing, public services and recreation, transportation, and utilities and service systems. The No Project Alternative would not meet most of the project objectives. Specific economic, legal, social, technological, or other considerations, including the provision of employment opportunities for highly trained workers, make this alternative infeasible. 3. Supporting Explanation Development pursuant to the No Project Alternative would not implement the policies and programs of the proposed General Plan Land Use and Circulation Elements. Development would continue pursuant to the policies of the 1993 General Plan. As a result, the local circulation system would not meet the needs of Temecula residents and businesses nor calm traffic in residential neighborhoods and near schools because the existing transportation system is not sufficient to provide for the efficient flow of traffic throughout the Planning Area. The No Project Alternative does not specifically provide for mixed-use areas, but rather designates numerous "village centers" throughout Temecula, several of which have already developed into other more traditional commercial uses. Therefore, concentrated areas adjacent to 1-15 with an appropriate pedestrian-oriented mix of commercial, office, and residential uses would not result under the No Project Alternative. Further, the No Project Alternative would not establish agricultural preservation areas, the lack of which would hinder the City's objective to be a regional historical and viticultural destination. In summary, the No Project Alternative would not meet most of the identified project objectives (pEIR, p. 6-5). Statement of Findings of Fact Temecula General Plan Update 42 B. Extension of North General Kearney Road Alternative 1. Description This alternative was conceived as a means of reducing traffic/circulation impacts along several roadway segments and at intersections in the northwestern portion of the City. In the Meadowview neighborhood, a number of streets originally planned to provide access into and out of the cornmunity are currently closed. The extension of North General Kearney Road from La Colima Road to Nicolas Road would add a roadway connection to an area along Winchester Road where intersection levels of service are close to or worse than LOS D. With this Alternative, all other provisions of the General Plan update would be implemented (pEIR, p. 6-6). 2. Finding The City Council finds that this alternative would not significantly result in reduced environmental impacts relative to circulation. All other impacts would be comparable those associated with the project. Specific economic, legal, social, technological, or other considerations, including the potential for significant adverse impacts on the surrounding community, make this alternative infeasible. 3. Supporting Explanation The extension of North General Kearny Road was intended to provide an alternate route for local residents around two intersections along Winchester Road that are expected to exceed the LOS D criteria in the General Plan in terrns of the future projected left turn rnovements from Nicolas Road to Winchester Road and westbound Winchester Road to southbound Margarita Road. However, the traffic modeling that was prepared for the environmental impact report did not show enough traffic improvements to justify the potential adverse irnpacts to residents living along the proposed alignment. B. 15 Percent Growth Reduction Alternative 1 . Description This alternative was conceived as a means of reducing environmental impacts of the proposed project by reducing development capacity within the Planning Area to levels comparable to projections published by SCAG. The population growth rate between 2005 and 2025 estimated by SCAG is 2.9 percent per year for Riverside County. Therefore, with this Alternative, the City would adopt the proposed General Plan, but modifications would be made to the proposed Land Use Elernent and map and the Circulation Element Roadway Plan such that net new residential development would be reduced by 15 percent citywide relative to the proposed project. This would result in a total population of approximately 96,407 persons living in 31,141 housing units within the current City limits, and a total of 143,806 persons living in 46,484 housing units within the Planning Area in the year 2025. These figures are more comparable to the adopted SCAG 2025 forecasts for Temecula than the proposed project. All other goals and policies of the proposed project would rernain the same, including the establishment of Mixed Use Overlay Areas, Rural Preservation Areas, and the French Valley Future Growth Area, as well as the introduction of the Vineyards/Agriculture designation (pEIR, p. 6-B). Statement of Findings of Fact 43 Temecula General Plan Update 2. Finding The City Council finds that this alternative would result in reduced environmental impacts relative to aesthetics, land use and planning, noise, population and housing, public services and recreation, and utilities and service systems. All other impacts would be comparable those associated with the project. However, the alternative would not meet all of the project objectives. Specific economic, legal, social, technological, or other considerations, including the provision of employment opportunities for highly trained workers, make this alternative infeasible. 3. Supporting Explanation Although development in accordance with SCAG population projections would reduce impacts with regard to aesthetics, land use and planning, public facilities and recreation, and utilities and service systems, it would not achieve a number of critical project objectives. This alternative would not fully implement the proposed Circulation Element Roadway Plan, which is intended to ensure that the local circulation system meets the needs of Temecula residents and businesses while calming traffic in residential neighborhoods and near schools; not all identified roadway improvements may be required under the reduced trip generation associated with this alternative. Reduced development may not provided for a greater diversity of housing options to meet the needs of all segments of the community, as residential densities may need to be reduced and housing construction may need to be restricted to ensure that population targets are not exceeded. Both of these actions may lead to higher housing costs and restrict the diversity of housing options available in Temecula for all income ranges. Further, this alternative could compromise the development of a strong business community, quality housing stock, scenic open space, and cultural amenities that make Temecula a desirable place to locate because development would be restricted in such a way that not all aspects of the City would be permitted to grow. The 15 Percent Growth Reduction Alternative would reduce population growth to a level more consistent with SCAG projections. However, it does not achieve many of the most critical project objectives as effectively as the proposed project and therefore has been rejected (pEIR, pgs. 6-10 and 6-11). Section 6. Project Benefits and Statement of Overriding Considerations. Pursuant to State CEQA Guidelines section 15093, the City Council must balance the benefits of the General Plan Update against any unavoidable environmental impacts in determining whether to recommend approval of the Temecula General Plan Update. If the benefits of the General Plan outweigh the unavoidable adverse environmental impacts, those impacts may be considered "acceptable. " The City Council hereby finds that the Final PEIR has identified and discussed significant effects that will occur as a result of the General Plan. With the implementation of the mitigation measures discussed in the Final PEIR and General Plan, these effects can be mitigated to a less than significant level except for the unavoidable significant impacts as discussed in Section 4 of these Findings. The City Council declares that it has made a reasonable and good faith effort to eliminate or substantially mitigate the potential impacts resulting from the Temecula General Plan. Statement of Findings of Fact Temecula General Plan Update 44 The City Council finds that to the extent any mitigation measures recommended in the Final PEIR and/or General Plan could not be incorporated, such mitigation measures are infeasible because they would impose restrictions on the General Plan that would prohibit the realization of specific economic, social, and other benefits, including the provision of employment opportunities for highly trained workers. The City Council further finds that such changes or alterations are within the responsibility and jurisdiction of another public agency and not the City of Temecula. Such changes have been adopted by such other agency or can and should be adopted by such other agency. The City Council declares that, having reduced the adverse significant environmental effects of the General Plan to the extent feasible by recommending adopting of the proposed mitigation measures, having considered the entire administrative record on the General Plan, and having weighed the benefits of the General Plan against its unavoidable adverse impacts after mitigation, the City Council has determined that the following social, economic, and environmental benefits of the General Plan outweigh the potential unavoidable adverse impacts and render those potential adverse environmental impacts acceptable based upon the following overriding considerations: 1. The General Plan will allow for a diverse mix of land uses, thereby creating a suitable inventory of housing for a range of income groups, a viable commercial and employment base, ample open space and recreational opportunities, adequate public facilities and services, and high-quality urban and rural lifestyles for residents and visitors to enjoy. 2. The General Plan will encourage mixed use development providing opportunities for creative reuse as commercial, residential, office, employment/technology, or mixed use centers. Three Mixed Use Overlay Areas are identified in the Land Use Plan: Jefferson Avenue, Town Center/Tower Plaza, and south of Old Town. Successful completion of high-quality mixed use projects will assist the City in accomplishing multiple housing, circulation, and land use objectives. 3. The General Plan will preserve rural areas, such as large lot/ rural residential/agricultural areas in the community that represent lifestyle and open space characteristics of Temecula. Four areas are designated by the General Plan as Rural Preservation Areas in the Land Use Plan: Nicolas Valley, the winery and agricultural areas of east Temecula, Anza road at SR-79 South, and the Rainbow Canyon and Great Oak Ranch areas. 4. The General Plan will help to manage future growth. Unincorporated areas in the City's northern Sphere of Influence are largely proposed for development through specific plans under the jurisdiction of Riverside County. Ternecula has an opportunity to control land uses, phasing of development, project design, and infrastructure improvements by annexing these properties prior to project approval by the County. To achieve these purposes, the City has developed a land use plan for the French Valley area, and has designated this area as a Future Growth Area. The intent of these steps is to ensure that future annexations are beneficial additions to the City, and to minimize impacts of future development in the area on City roads and infrastructure. The City Council finds that the foregoing benefits provided to the public through approval and implernentation of the General Plan Update outweigh the identified significant adverse environmental irnpacts of the General Plan which cannot be mitigated. The City Council further Statement of Findings of Fact 45 Temecula General Plan Update finds that each of the General Plan Update benefits outweighs the unavoidable adverse environmental effects identified in the Final PEIR and therefore finds those impacts to be acceptable. Each of the benefits listed above, standing alone, is sufficient justification for the City Council to override these unavoidable environmental impacts. The City Council finds that it has reviewed and considered the Final PEIR in evaluating the General Plan Update, that the Final PEIR is an accurate and objective statement that fully complies with the CEQA, State CEQA Guidelines, and the City's CEQA Guidelines, and that the Final PEl R reflects the independent judgment of the Council. The City Council hereby certifies the Environmental Impact Report based on the following findings and conclusions: A. Finding The following significant environmental impacts have been identified in the Final PEIR and will require mitigation as set forth in Section 4 of this Resolution but cannot be mitigated to a level of insignificance: short-term and long-term project and cumulative air quality impacts, and transportation impacts. B. Conclusions 1. All significant environmental impacts from implementation of the General Plan Update have been identified in the Final PEIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance, except for those impacts listed in Section 4. 2. Other reasonable alternatives to the General Plan Update which could feasibly achieve the basic objectives of the General Plan Update have been considered and rejected in favor of the General Plan Update. 3. Environmental, economic, social and other considerations and benefits derived from the development of the General Plan Update override and make infeasible any alternatives to the General Plan Update or further mitigation measures beyond those incorporated into the General Plan Update. Section 7. Adoption of Recommendation for the Adoption of a Mitigation Monitoring and Reporting Program. The City Council hereby adopts the Mitigation Monitoring and Reporting Program in Section 8.0 of the Final PEIR and attached to this Resolution as Exhibit A. Exhibit A is attached hereto and incorporated herein by this reference as though set forth in full. In the event of any inconsistencies between the mitigation measures as set forth herein and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control. Statement of Findings of Fact T emecula General Plan Update 46 Section 8. Location of Records. The documents and materials that constitute the record of proceedings on which these Findings have been based are located at the City of Temecula, 43200 Business Park Drive, Temecula, California 92590. The custodian for these records is the City of Temecula Planning Director. This information is provided in compliance with Public Resources Code section 210B1.6. The proposed comprehensive updates of the Land Use, Circulation, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the General Plan for the City of Temecula, as amended. Section 9. Council Member Roberts and Council Member Washington did not participate in the public hearing and Council discussion of the North General Kearney Road extension issues. Both own homes in the Meadowview Community and are part of the Meadowview Homeowners Association. The Association owns the property on which the North General Kearney Road extension would be built as well as property surrounding it; therefore the Fair Political Practices Commission has confirmed that Mayor Pro Tem Roberts and Council Member Washington have a conflict due to their home ownership. Based on this conflict of interest, Mayor pro tem Roberts and Council Member Washington each hereby abstain in the approval of this Resolution and certification of the Environmental Impact Report and the approval of the General Plan as such actions relate to the extension of North General Kearney Road. Section 10. Mayor Comerchero and Councilmember Naggar did not participate in the discussion of the Southern Bypass Road nor the land use designation for property located south of the Morgan Hill Specific Plan. Council Member Naggar has a financial interest in approximately 80 acres of real property in adjacent to Anza Rd and El Chimisal in the unincorporated portion of Riverside County and he believes that the implementation of the Southern Bypass and the land use designations for property located south of the Morgan Hill Specific Plan might have a significant effect on the value of this property. Mayor Comerchero also will not be participating in this matter because he is the President of Rancon and Rancon owns approximately 100 acres of property adjacent to Anza Rd and El Chimisal in the unincorporated portion of Riverside County and he believes that the implementation of the Southern Bypass Road and the land use designation for property located south of the Morgan Hill Specific Plan might have a significant effect on the value of this property. Based on this conflict of interest, Mayor Comerchero and Council Member Naggar each hereby abstain in the approval of this Resolution and certification of the Environmental Impact Report and the approval of the General Plan as such actions relate to the Southern Bypass Road and the land use designation for property located south of the Morgan Hill Specific Plan. Section 11. Council Member Washington did not participate in the discussion concerning Circulation Element Policies 3.6, 3.7, and 3.8 as he owns a home on a street which could be impacted by this policy. Based on this conflict of interest, Council Member Washington hereby abstains in the approval of this Resolution and certification of the Environmental Impact Report and the approval of the General Plan as such actions relate to Circulation Element Policies 3.6, 3.7, and 3.8. Section 12. Mayor Comerchero did not participate in the discussion of the land use designation for the Callaway Winery property because he is the President of Rancon and Rancon owns approximately 330 acres of property in the unincorporated portion of Riverside County and he believes that the implementation of land use designation for Callaway Winery property might have a significant effect on the value of this property. Based on this conflict of interest, Mayor Comerchero hereby abstains in the approval of this Resolution and certification of the Environmental Impact Report and the approval of the General Plan as such actions relate Statement of Findings of Fact 47 Temecula General Plan Update to the land use designation for Callaway Winery property. Mayor Comerchero also did not participate in the discussion of the land use designation for Land Use Map Request No.2, 72 acres of property at the corner of Nicholas Road and Via Lobo. Although not a technical conflict, the owner of the 72 acres for Land Use Map Request NO.2 at Nicholas Road and Via Lobo will sponsor a major fundraiser for Mayor Comerchero this and he believes it is only appropriate that he not participate on this matter. Based on this conflict of interest, Mayor Comerchero hereby abstains in the approval of this Resolution and certification of the Environmental Impact Report and the approval of the General Plan as such actions relate to Land Use Map Request NO.2. Section 13. Council Member Naggar did not participate in the discussion concerning Rainbow Canyon Road, Avenida de Missiones Bridge, and Land Use Map Request NO.7 (72 acres at the north side of Lorna Linda) because Horton/Continental, owner of the 20.4 acre parcel being developed at the north east corner of Temecula Land and Lorna Linda in the City is a source of income to him and he believes that the changes to the road and bridge and the land use designation might have a significant effect on the value of the property. Based on this conflict of interest, Council Member Naggar herby abstains in the approval of this Resolution and certification of the Environmental Impact Report and the approval of the General Plan as such actions relate to Rainbow Canyon Road, Avenida de Missiones Bridge and Land Use Map Request NO.7. Section 14. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 12th day of April 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2005-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 12th day of April 2005, by the following vote: AYES: o COUNCILMEMBERS None NOES: o COUNCILMEMBERS: None Statement of Findings of Fact Temecula General Plan Update 48 ABSENT: COUNCILMEMBERS: o Statement of Findings of Fact Temecula General Plan Update 49 None Susan W. Jones, CMC City Clerk EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM Statement of Findings of Fact Temecula General Plan Update 50 STANLEY R. HOFFMAN ASS 0 C I A f e. s 11661 San Vicente Boulevard Suite 306 Los Angeles, California 90049 310.820.2680.310.820.8341 fax www.stanlevrhoffman.com Memo To: Jeff Henderson, CottonIBridgeslAssociates From: Stan Hoffman, Stanley R. Hoffman Associates Date: April 11, 2005 Re: Fiscal Projections for T emecula General Plan Update Introduction The purpose of this memorandum is to present the fiscaJ impact analysis of the Temecula General Plan Update, which includes the following geographic areas: 1) the current City of Temecula corporate boundaries; and 2) the Planning Area that extends beyond the City's corporate boundaries, and includes Temecula's sphere of influence areas. This fiscal analysis also presents the property tax increment to the City's redevelopment agency from development that is projected to take place within the existing redevelopment boundaries. Additionally, revenue projections are presented for the various Citywide Community Services District charges that are made against single family and multi-family residential units and non- residential acreage to support operations and maintenance for parks and recreation, arterial street-lighting and median landscape maintenance, and residential street-lighting and refuse/recycling costs. Finally, the memorandum summarizes the key assumptions for land use development through build-out of the General Plan with the detailed Jand use, market and fiscal assumptions presented in appendices available under separate cover. The projections are presented in 2005 constant dollars for the incrementaJ development through build-out under the proposed General Plan. For areas that require future annexation, according to current policy, the property tax transfer assumption is that 25% of the County of Riverside's General Fund property tax rate would be allocated to the City of Temecula. Summary General Fund. Table 1 presents the projected annual recurring revenues and costs to the City of Temecula General Fund resulting from the build-out of the City's General Plan. The projections are presented for the existing City and the Planning Area, separately and then shown in combination. As shown in Table I, the annual fiscal projection at build-out for the existing incorporated City is a positive $598,400 with a revenue/cost ratio of 1.04. Retail sales and use tax represents the largest revenue source at about 21 percent of total revenues. The largest ongoing cost is for police protection at about 60 percent of total costs. The fiscal projection for the Planning Area is a positive $2,398,300 with a revenue/cost ratio of 1.15. This projection is relatively more positive than the Citywide projection because a higher proportion of retail development is included in the General Plan Jand uses. For this projection, Stanley R. Hoffman Associates April 11 , 2005 Mr. Jeff Henderson, CBA Fiscal Projections for Temecula General Plan Update Page 2 retail sales and use tax constitutes about 43 percent of total revenues. Also, police protection is estimated at about 47 percent of total costs. While not specifically identified in the General Plan land uses, it was assumed that an additional 200 hotel rooms would be added within the proposed mixed use areas of the existing City. Also, public works costs represented a higher proportion of total costs at 22 percent for the Planning Area compared with 15 percent of total costs for the existing City boundaries. This was because it was assumed that areas that were slated for redevelopment within the existing city were already receiving public works services that would continue. However, for newly developing areas, both within the City and the Planning Area, additionaJ public works costs were projected. Also projected were General Fund costs for non-fee supported Community Services. This is particularly true for Parks and Recreation service costs that currently exceed the existing levels of service charges and user fees. Additionally, it was assumed that the level of non-fee supported planning costs would remain stable over time within the existing City boundaries, but for the newly annexed areas, these service costs would increase as the physical size of the City expanded. Table 1 summarizes the combined fiscal impact of the Citywide and Planning Area analysis. In combination, the fiscal projection for the incremental development for the total General Plan area is $2,996,700 with a revenue/cost ratio of 1.10. Community Service District (CSD) Revenues. The City of Temecula has established a series of Service Level charges for different land uses to fund various types of services, such as: . Citywide Service Level- Parks & Recreation Service Level A - Arterial Streetlights and Median Landscaping (included under Citywide) Service Level B - Residential Street Lighting Service Level C - Perimeter Landscaping (funded by Homeowners Association) Service Level D - Residential Refuse and Recycling . . . . As shown in Table 2, the annual increase in CSD revenues for incremental build-out within the existing City boundaries is projected at about $3.70 million for the various service levels. For the Planning Area, the annual increase is projected at about $3.32 million. The total annual CSD revenues are projected at about $7.03 million for the entire GeneraJ Plan area. Redevelopment Propertv Tax Increment. The City of Temecula has redevelopment areas within its existing corporate boundaries. For these redevelopment areas, annual property tax increment is projected at build-out of the General Plan land uses. As shown in Table 3, the total annual property tax increment is projected at about $10.64 million. This is based on an estimated increase in assessed valuation for residential and non-residential land uses within the Stanley R. Hoffman Associates April 11 , 2005 Mr. Jeff Henderson, eBA Fiscal Projections for Temecula General Plan Update Page 3 redevelopment areas of about $1.5 billion. Further, the City's redevelopment agency IS estimated to receive about 70.9 percent of the 1 percent property tax levy. Summary of Land Use and Demographic Assumptions. Table 4 summarizes the residential land use assumptions and the projected increase in population. As shown, the total increase in housing units is estimated at 13,286 for the existing City and 11,911 for the Planning Area. This yields a projected increase in population of 41,277 for the existing City and 36,799 for the Planning Area. Table 5 summarizes the non-residential land use assumptions and the projected increase in employment. As shown, the total non-residential square footage increase in the existing City is estimated at 17,428,000. This includes 2,245,000 square feet within the mixed use areas. For the purpose of fiscal analysis, the mixed use square footage was further allocated among Retail (40%), Office (40%) and Public/Institutional (20%) land uses. The total non-residential square footage increase in the Planning Area is estimated at 16,417,000 square feet. There is no mixed use development areas assumed for the Planning Area. This yields an estimated employment increase of 36,037 for the existing City and 27,933 for the Planning Area. As mentioned earlier, detailed land use, market and fiscal assumptions are provided in appendices under separate cover. Stanley R. Hoffman Associates r-----""_ ~~ April II, 2005 Mr. Jeff Henderson, CBA Fiscal Projections for Temecula General Plan Update Page 4 TABLE 1 SUMMARY OF RECURRING REVENUES AND COSTS TEMECULA GENERAL PLAN UPDATE FISCAL ANNEXATION ANALYSIS Citywide Planning Area Revenues/Costs Buildout Bulldout Total General Plan Area' Recurrina Revenues: Amount % Amount % Amount % Property tax $3,261,000 20.0% 2,401,100 12.3% 5,662,100 15.8% Property Transfer tax $312,600 1.9% 300,200 1.5% 613,000 1.7% Sales & Use Tax: Retail $3,468,000 21.2% 8,422,300 43.2% 11,890,300 33.2% Sales & Use Tax: Non-Retail $2,400,000 14.7% 2,475,000 12.7% 4,875,000 13.6% Transient occupancy tax $379,600 2.3% 0 0.0% 379,600 1.1% Business License tax $328,700 2.0% 254,700 1.3% 583,400 1.6% Franchises $971,600 5.9% 884,700 4.5% 1,856,300 5.2% Motor vehicle in-lieu $2,142,800 13.1% 1,910,300 9.8% 4,053,100 11.3% State gasoline tax $742,100 4.5% 661,500 3.4% 1,403,600 3.9% Measure A sales tax (capital projects) $1,189,400 7.3% 1,060,400 5.4% 2,249,800 6.3% Fines and forfeitures $722,100 4.4% 604,500 3.1% 1,326,600 3.7% Interest $427,100 2.6% 519,500 2.7% 946,600 2.6% Other $0 0.0% 0 0.0% 0 0.0% Subtotal $16,345,200 100.0% $19,494,200 100.0% $35 839,400 100.0% Measure A sales tax caDital Droiect5""' $1,189,400 $1 060,400 2,249 600 Total Revenues $15,155,800 $18,433,800 $33,589,600 Recurrina Costs: Police protection $8,760,600 60.2% $7,487,400 46.7% $16,248,000 53.1% Net fire cost $203,500 1.4% $37,400 0.2% $240,900 0.8% Animal control $70,200 0.5% $62,500 0.4% $132,700 0.4% Public Works $2,187,000 15.0% $3,569,900 22.3% $5,756,900 18.8% Community Services2 $1,851,100 12.7% $1,704,800 10,6% $3,555,900 11.6% Planning (Non-Fee Supported)3 $0 0.0% $1,537.700 9.6% $1,537,700 5.0% Citywide overhead $1,485,000 10.2% $1,635,800 10.2% $3,120,800 10.2% Total Costs $14,557,400 100.0% $16,035,500 100.0% $30,592,900 100.0% Net Recurrino Fiscallmoact $598,400 $2,398,300 $2,996,700 Recurring Revenue/Cost Ratio 1.04 1.15 1.10 Note: 1. The total General Plan Area is the combination of the area covered by the City of Temecula's current corporate boundaries, plus the Planning Area that extends beyond these boundaries and includes the Sphere of Influence areas. 2. These are net General Fund costs that are not covered by the CSD parcel charge revenues. 3. The current level of non-fee supported Planning costs are assumed to increase within the Planning Area only, and are to assumed to remain stable at the current level within the existing City. Source: Stanley R. Hoffman Associates, Inc. City of Temecula Fiscal Model Stanley R. Hoffman Associates ~ April 11, 2005 Mr. Jeff Henderson, CBA Fiscal Projections for Temecula General Plan Update Page 5 TABLE 2 COMMUNITY SERVICES DISTRICT (CSD) REVENUES CITY OF TEMECULA (In 2005 Dollars) Service Level Rate Citywide Planning Area Total Citywide Single Family Residential $63.44 per Unit $731,209 $646,771 $1,377,980 Multi-Family Residential $47.58 per Unit $83,741 $81,647 $165,388 Non-Residential $380.64 per Acre $375,170 $371 ,227 $746,397 Service Level B Single Family Residential $25.68 per Unit $295,988 $261,808 $557,795 Service Level C Single Family Residential nla $0 $0 $0 Service Level D Single Family Residential $192.48 per Unit $2.218.524 $1.962.334 $4.180.858 Total Estimated CSD Revenues $3,704,633 $3,323,786 $7,028,419 Source: Stanley R. Hoffman Associates, Inc. City of Temecula Fiscal Year 2004-2005 Budget. TABLE 3 PROJECTED ANNUAL PROPERTY TAX INCREMENT REDEVELOPMENT AGENCY (RDA), CITY OF TEMECULA (In 2005 Dollars) Description Amount RDA -- Projected Assessed Valuation Property Tax Increment @ 1 % RDA -- Property Tax Increment @ 70.9% $1,500,306,312 $15,003,063 $10,637,172 1. Projection is made for the buildout of land uses for the proposed General Plan. Source: Stanley R. Hoffman Associates, Inc. City of Temecula Fiscal Year 2004-2005 Budget. Stanley R. Hoffman Associates I--c:. .~ April 11, 2005 Mr. Jeff Henderson, CBA Fiscal Projections for Temecula General Plan Update Page 6 TABLE 4 RESIDENTIAL LAND USE ASSUMPTIONS SUMMARY CITY OF TEMECULA Housing Units Population land Use Citywide RDA Non-RDA PA Citywide RDA Non-RDA PA SINGLE FAMILY (PPH::: 3.089) HR Hillside 16 S 11 22 50 17 34 69 RR Rural Residential 23 0 23 .20 70 0 70 -63 VL Very Low 42 0 42 68 129 0 129 210 L Low 1,112 0 1,112 .9 3,434 0 3,434 -29 LM Low Medium 4923 .27 1M1 ~ 1.2..ill ~ 15296 = Sub-Total 6,116 -22 6,138 10,195 18,895 -68 18,963 31,499 MUL T1-FAMIL Y (PPH = 3.089) M Medium 3,888 30 3,858 958 12,013 93 11,920 2,959 H High ~ 496 1..Qg2 ~ 4703 ~ 3170 ~ Sub-Total S,410 526 4,884 1,716 16,716 1,625 15,090 5,300 MIXED-USE (PPH = 3.220) MIX Mixed Use 1760 1 105 ~ Q 5667 3562 2105 Q Sub-Total 1,760 1,105 6SS 0 5,667 3,562 2,105 0 TOTALS 13,286 1,609 11,677 11,911 41,277 5,119 36,158 36,799 Source: Stanley A. Hoffman Associates, Inc. Cotton/Bridges/Associates. Stanley R. Hoffman Associates ~ Aprilll, 2005 Mr. Jeff Henderson, CBA Fiscal Projections for Temecula General Plan Update Page 7 TABLE 5 NON-RESIDENTIAL LAND USE ASSUMPTIONS SUMMARY CITY OF TEMECULA Non-Residential (l,OOO's) Employment Sq.FU Land Use Citywide RDA Non-RDA PA Employee Citywide RDA Non-RDA PA COMMERCIAL NC Neighborhood 340 0 340 218 500 679 0 679 435 CC Community -398 .784 386 2,959 500 -797 -1,568 771 5,918 HT HighwayfTourist 650 562 88 469 500 1,301 1,124 ,n 938 SC Service 2,538 1,620 918 -57 500 5,076 3,241 1,835 .114 PO Professional Office 5,501 412 5,089 3,397 300 18,336 1,372 16,964 11,324 HO Hotel 1ilil M Oll Q 1,000 1ilil OQ Oll Q Sub-Total 8,630 1,810 6,820 6.986 24,695 4,219 20,476 18,501 LIGHT INDUSTRIAL IP Industrial Park ~ ~ :lHl ~ 1,000 ~ ~ :lHl ~ Sub-Total 6,553 2,666 3,887 9,432 6,553 2,666 3,887 9,432 MIXED-USE MIX Retail (40%) 898 732 166 0 500 1,796 1,464 332 0 Office (40%) 898 732 166 0 300 2,993 2,440 553 0 Public/Institutional (20%) ~ 366 ~ Q nla !lIll nla !lIll "/a Sub-Total 2,245 1,830 415 0 4,789 3,904 B8S 0 TOTALS 17,428 6,306 11,123 16,417 36,037 10,789 25,249 27,933 Source: Stanley A. Hoffman Associates, Inc. Conon/Bridges! Associates.