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HomeMy WebLinkAbout111715 CC Adjourned Regular Meeting AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL ADJOURNED REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA NOVEMBER 17, 2015 – 7:00 PM 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 PM - The City Council will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1. CONFERENCE WITH LEGAL COUNSEL—POTENTIAL LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to one matter of potential litigation and will discuss whether to initiate litigation against a certain defendants. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. 2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to one matter of pending litigation: Claim of James Richardson and Larraine O'Canna, City of Temecula Claim No. 15-24. Next in Order: Ordinance: 15-13 Resolution: 15-63 CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Natalie Schumann Invocation: Sylvester Scott of Baha'is of Temecula Flag Salute: Mayor Pro Tem Mike Naggar ROLL CALL: Edwards, McCracken, Naggar, Rahn, Comerchero PRESENTATIONS/PROCLAMATIONS Presentation of Certificate of Achievement to William C. Dull of Troop #384 and Brayden Phillips of Troop #934 for Attaining the Rank of Eagle Scout 1 PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the City Council on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the City Council addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the City Council addressing that item. Each speaker is limited to five minutes. 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, 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 Waive Reading of Standard Ordinances and Resolutions RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of November 10, 2015 RECOMMENDATION: 2.1 That the City Council approve the action minutes of November 10, 2015. 3 Approve the List of Demands RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 2 4 Approve a Deposit/Reimbursement Agreement for the Proposed Community Facility District No. 16-01 Roripaugh Ranch RECOMMENDATION: 4.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEPOSIT/REIMBURSEMENT AGREEMENT 5 Approve an Intergovernmental Agreement Between the City of Temecula and the Pechanga Band of Luiseno Indians (At the Request of Mayor Comerchero and Mayor Pro -Tem Naggar as the City Council Pechanga Tribal Representatives) RECOMMENDATION: 5.1 That the City Council approve an Intergovernmental Agreement between the City of Temecula and the Pechanga Band of Luiseno Indians as mitigation for the impacts of the Pechanga Resort and Hotel Expansion Project as detailed in the Draft Tribal Environmental Impact Report — August 2015. ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ******************** 3 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: CSD 15-01 Resolution: CSD 15-07 CALL TO ORDER: President Maryann Edwards ROLL CALL: DIRECTORS: Comerchero, McCracken, Naggar, Rahn, Edwards CSD PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. CSD 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 Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 6 Approve the Action Minutes of November 10, 2015 RECOMMENDATION: 6.1 That the Board of Directors approve the action minutes of November 10, 2015. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, December 8, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 4 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: SARDA 15-01 Resolution: SARDA 15-05 CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, McCracken, Naggar, Rahn, Comerchero SARDA PUBLIC COMMENTS A total of 15 minutes is provided for members of the public to address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. SARDA 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 Successor Agency to the Temecula Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. 7 Approve the Action Minutes of November 10, 2015 RECOMMENDATION: 7.1 That the Board of Directors approve the action minutes of November 10, 2015. SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS SARDA ADJOURNMENT Next regular meeting: Tuesday, December 8, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 5 TEMECULA HOUSING AUTHORITY MEETING Next in Order: Ordinance: THA 15-01 Resolution: THA 15-02 CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, McCracken, Naggar, Rahn, Comerchero THA PUBLIC COMMENTS A total of 15 minutes is provided for members of the public to address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Authority Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. THA 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 Temecula Housing Authority request specific items be removed from the Consent Calendar for separate action. 8 Approve the Action Minutes of November 10, 2015 RECOMMENDATION: 8.1 That the Board of Directors approve the action minutes of November 10, 2015. THA EXECUTIVE DIRECTOR REPORT THA BOARD OF DIRECTORS REPORTS THA ADJOURNMENT Next regular meeting: Tuesday, December 8, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 6 TEMECULA PUBLIC FINANCING AUTHORITY MEETING Next in Order: Ordinance: TPFA 15-01 Resolution: TPFA 15-06 CALL TO ORDER: Chairperson Jeff Comerhcero ROLL CALL: DIRECTORS: Edwards, McCracken, Naggar, Rahn, Comerchero TPFA PUBLIC COMMENTS A total of 15 minutes is provided for members of the public to address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Authority Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. TPFA 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 Temecula Public Financing Authority request specific items be removed from the Consent Calendar for separate action. 9 Acknowledge Receipt of a Deposit/Reimbursement Agreement for the Proposed Community Facility District No. 16-01 Roripaugh Ranch, and Authorizing and Directing Actions to Execute Agreements RECOMMENDATION: 9.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. TPFA 15- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO 7 TPFA EXECUTIVE DIRECTOR REPORT TPFA BOARD OF DIRECTORS REPORTS TPFA ADJOURNMENT Next regular meeting: Tuesday, December 8, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 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. 10 Adopt Uptown Jefferson Specific Plan RECOMMENDATION: That the City Council conduct a Public Hearing and: 10.1 Adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION WITH THE ADOPTION OF THE UPTOWN JEFFERSON SPECIFIC PLAN 10.2 Adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE LAND USE ELEMENT, THE LAND USE POLICY MAP, THE CIRCULATION ELEMENT, AND THE COMMUNITY DESIGN ELEMENT OF THE GENERAL PLAN IN CONFORMITY WITH THE UPTOWN JEFFERSON SPECIFIC PLAN 10.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE UPTOWN JEFFERSON SPECIFIC PLAN, AMENDING THE TEMECULA ZONING CODE TO ADD THE UPTOWN JEFFERSON SPECIFIC PLAN TO THE APPROVED SPECIFIC PLAN ZONES, AMENDING THE TEMECULA ZONING MAP TO REFLECT THE UPTOWN JEFFERSON SPECIFIC PLAN, AND AMENDING THE ADULT BUSINESS OVERLAY ZONE TO ELIMINATE THE UPTOWN JEFFERSON SPECIFIC PLAN AREA 9 10.4 Hear the Staff Report and public comments on the following Ordinance and continue the Public Hearing to December 8, 2015 in order to introduce and read by title only an ordinance entitled: ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING CHAPTER 15.20, UPTOWN JEFFERSON SPECIFIC PLAN NEW STREETS IN -LIEU FEE AND MAKING FINDINGS THAT NO FURTHER CEQA REVIEW IS REQUIRED 10.5 Hear the Staff Report and public comments on the following Resolution and continue the Public Hearing to December 8, 2015 in order to adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AND IMPOSING THE "UPTOWN JEFFERSON SPECIFIC PLAN NEW STREETS IN -LIEU FEE" 10.6 Direct staff to prepare a Streetscape Beautification and Marketing Plan for the Uptown Jefferson Specific Plan area; 10.7 Direct staff to change the name of the Uptown Jefferson Specific Plan to Uptown Temecula Specific Plan. DEPARTMENTAL REPORTS 11 Community Development Department Monthly Report 12 Police Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, December 8, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports and public Closed Session information) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the agenda packet may also be accessed on the City's website — www.cityoftemecula.orq — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material will be made available on the City's website — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694- 6444. 10 PRESENTATIONS City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: William C. Dull of Troop #384 We congratulate William for his achievement on receiving the rank of Eagle Scout, which is the highest achievement earned in Scouting. We are proud of William's accomplishment and wish him continued success in his promising and bright future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this seventeenth clay of November, 2015. Jeff Comerchero, Mayor Randi Johl, City Clerk City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Brayden Phillips of Troop #934 We congratulate Brayden for his achievement on receiving the rank of Eagle Scout, which is the highest achievement earned in Scouting. We are proud of Brayden's accomplishment and wish him continued success in his promising and bright future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this seventeenth clay of November, 2015. Jeff Comerchero, Mayor Randi Johl, City Clerk COUNCIL CONSENT CALENDAR Item No. 1 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: November 17, 2015 SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. Unless otherwise required, the full reading of the text of standard ordinances and resolutions is waived. FISCAL IMPACT: None ATTACHMENTS: None Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA NOVEMBER 10, 2015 – 7:00 PM 5:45 PM - The City Council convened in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1. CONFERENCE WITH LEGAL COUNSEL—POTENTIAL LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to one matter of potential litigation and will discuss whether to initiate litigation against a certain defendants. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. 2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to two matters of pending litigation: (1) Anthony Dragonetti v. Mad Madeline's, City of Temecula, et al., Riverside County Superior Court No. MCC1300275; and (2) Los Ranchitos Homeowners Association v. City of Temecula et al. Riverside Superior Court No. RIC1512880. At 5:45 P.M. Mayor Comerchero called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Serena Sepersky Invocation: Pastor Luke Kirkendall of Southwest Christian Church Flag Salute: Temecula Valley Young Marines Color Guard National Anthem: Allison Chan ROLL CALL: Edwards, McCracken, Naggar, Rahn, Comerchero PRESENTATIONS/PROCLAMATIONS Presentation of #GivingTuesday Proclamation Presentation by President Dr. Karen Haynes (CSUSM Update) Action Minutes 111015 1 PUBLIC COMMENTS The following individual addressed the City Council: • Michael Petrofsky CITY COUNCIL REPORTS CONSENT CALENDAR 1 Waive Reading of Standard Ordinances Recommendation (5-0) Council Member seconded by Council Member McCracken; by Council Members Edwards, McCracken, RECOMMENDATION: 1.1 and Resolutions - Approved Staff Edwards made the motion; it was and electronic vote reflected approval Naggar, Rahn and Comerchero. That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of October 27, 2015 - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 2.1 That the City Council approve the action minutes of October 27, 2015. 3 Approve the List of Demands - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve the City Treasurer's Report as of September 30, 2015 - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. Action Minutes 111015 2 RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of September 30, 2015. 5 Approve Financial Statements for the 4th Quarter Ended June 30, 2015 - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 5.1 Receive and file the Financial Statements for the 4th Quarter June 30, 2015; 5.2 Approve an increase of $12,000 in revenues and an appropriation in Fund 160 Supplemental Law Enforcement Services Fund (SLESF) Transfer Out to General Fund Transfer In, due to the late receipt of FY2013-14 grant revenue; 5.3 Approve an appropriation of $27,000 in the Vehicles and Equipment Fund 310 to cover higher depreciation expenses; 5.4 Approve an appropriation of $153,000 in the Technology Replacement fund 325 to cover higher depreciation expenses. 6 Approve the First Amendment to Temecula Public Financing Authority Joint Exercise of Powers Agreement, to Provide for Withdrawal of Successor Agency to the Temecula Redevelopment Agency as a Member and Addition of Temecula Community Services District and Temecula Housing Authority as New Members - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 6.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE EXECUTION OF AN AMENDMENT TO TEMECULA PUBLIC FINANCING AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT 7 Approve Updated Community Support Funding Policies and Application Forms - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. Action Minutes 111015 3 RECOMMENDATION: 7.1 That the City Council approve the updated Community Support Funding Policies and Application Forms. 8 Approve a Cooperative Agreement Between City of Temecula and Non-profit Our Nicholas Foundation in Support of Various Human Services Programs and Activities - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 8.1 That the City Council approve the Cooperative Agreement between the City of Temecula and non-profit Our Nicholas Foundation in support of various Human Services programs and activities. 9 Approve the Third Amendment to the Agreement with Environmental Science Associates for the Preparation of a Supplemental Environmental Impact Report for the Temecula Valley Hospital Heliport Relocation - Approved Staff Recommendation (4- 0-1, Council Member Comerchero abstained) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero abstaining due to the fact that he serves on the Board for the Temecula Valley Hospital. RECOMMENDATION: 9.1 That the City Council approve the Third Amendment to the Agreement with Environmental Science Associates (ESA), in the amount of $16,000, for the preparation of a Supplemental Environmental Impact Report (EIR) for the Temecula Valley Hospital Heliport Relocation, for a total agreement amount of $124,155. 10 Approve Participation in the Riverside County Mortgage Credit Certificate (MCC) Program - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 10.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM Action Minutes 111015 4 11 Approve Plans and Specifications and Authorize the Solicitation of Construction Bids for the Pavement Rehabilitation Program — Overland Drive, PW12-15 - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 11.1 Approve the Plans and Specifications and authorize the Department of Public Works to solicit Construction Bids for the Pavement Rehabilitation Program — Overland Drive, PW12-15; 11.2 Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. 12 Approve Tract Map 36571 (Located at the Southwest Corner of Deer Hollow Way and Peach Tree Street) - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 12.1 That the City Council approve Tract Map 36571 in conformance with the Conditions of Approval. 13 Receive Temporary Street Closures for 2015 Winterfest Events - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 13.1 That the City Council receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2015 Winterfest Events: OLD TOWN CHRISTMAS TREE INSTALL HOLIDAY MAGIC ON MAIN STREET TEMECULA ON ICE SANTA'S ELECTRIC LIGHT PARADE WINTER WONDERLAND Action Minutes 111015 5 14 Establish an All -Way Stop Control at the Intersection of Mercedes Street at Third Street - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 14.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ESTABLISHING AN ALL -WAY STOP CONTROL AT THE INTERSECTION OF MERCEDES STREET AT THIRD STREET RECESS At 7:48 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting, Successor Agency to the Temecula Redevelopment Agency Meeting and Temecula Housing Authority Meeting. At 7:53 P.M., the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 21 Approve an Amendment to Title 17 of the Temecula Municipal Code that Would Replace Chapter 17.32 Entitled Water Efficient Landscape Design with a New Chapter to be Consistent with the State's Model Water Efficient Landscape Ordinance - Approved Staff Recommendation (5-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 21.1 That the City Council read by title only and adopt an ordinance entitled: ORDINANCE NO. 15-11 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.32 OF THE TEMECULA MUNICIPAL CODE TO UPDATE THE WATER EFFICIENT LANDSCAPE DESIGN STANDARDS; DECLARING THE URGENCY THEREOF; AND FINDING THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CEQA GUIDELINES SECTION 15308, CLASS 8 City Attorney Thorson read by title only Ordinance No. 15-11. Action Minutes 111015 6 22 Approve an Amendment to the Temecula Municipal Code to Revise the Expiration Date and Time Extensions for Development Plans - Approved Staff Recommendation (5-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 22.1 That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 15-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE BY EXTENDING THE TIME FOR COMMENCEMENT OF CONSTRUCTION OF CERTAIN DEVELOPMENT PERMITS AND INCREASING THE NUMBER OF EXTENSIONS OF TIME ALLOWED FOR SAID PERMITS (LONG RANGE PLANNING APPLICATION NO. LR15-1285) City Attorney Thorson read by title only Ordinance No. 15-12. • Matthew Fagan addressed the Council on this item. CITY COUNCIL BUSINESS 23 Approve Recommendation for Community Service Funding Program for Fiscal Year 2015-16 - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 23.1 That the City Council approve the Community Service Funding Ad Hoc Subcommittee's recommendation to allocate a total of $59,000 to fund 16 out of 33 grant applications received from nonprofit organizations for the Fiscal Year 2015-16 Community Service Funding Program. 24 Receive and File 2015 Federal Legislative Update from David Turch and Associates and Consider Revised Scope of Services and One -Year Extension to Term of Agreement for Consultant Services - Approved Staff Recommendation (5-0) Council Member Naggar made the motion to receive and file the 2015 Federal Legislative Update and consider the revised scope of services and approve a one-year extension to term of agreement for consultant services; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. Action Minutes 111015 7 RECOMMENDATION: 24.1 That the City Council receive and file the 2015 Federal legislative update from David Turch and Associates and consider revised Scope of Services and one- year extension to term of Agreement for Consultant Services. DEPARTMENTAL REPORTS 25 City Council Travel/Conference Report — November 2015 CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson reported in regards to the Los Ranchitos Homeowners Association Litigation, the City Council Authorized the City Attorney to aggressively defend the City and the City Council in this action. In regards to the Anthony Dragonetti Litigation, the City Council authorized to settle the case in the amount of $80,000 based on the agreement reached in the mediation. There were no other actions to report under Closed Session. ADJOURNMENT At 8:25 P.M., the City Council meeting was formally adjourned to an adjourned Regular Meeting on Tuesday, November 17, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Next regular meeting: Tuesday, December 8, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 P.M., City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Action Minutes 111015 8 Item No. 3 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: November 17, 2015 SUBJECT: Approve the List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Shafe, Accounting Specialist RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: 1. Resolution 2. List of Demands RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $5,171.467.01. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 17th day of November, 2015. Jeff Comerchero, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 15- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 17th day of November, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA LIST OF DEMANDS 10/29/2015 TOTAL CHECK RUN: $ 3,938,373.01 11/05/2015 TOTAL CHECK RUN: 778,309.38 11/05/2015 TOTAL PAYROLL RUN: 454,784.62 TOTAL LIST OF DEMANDS FOR 11/17/2015 COUNCIL MEETING: $ 5,171,467.01 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 3,826,774.66 135 BUSINESS INCUBATOR RESOURCE 1,999.44 140 COMMUNITY DEV BLOCK GRANT 1,532.94 150 AB 2766 FUND 1,704.90 165 AFFORDABLE HOUSING 1,987.52 170 MEASURE A FUND 190,866.06 190 TEMECULA COMMUNITY SERVICES DISTRICT 206,825.30 192 TCSD SERVICE LEVEL B STREET LIGHTS 135.52 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,149.63 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 488.79 197 TEMECULA LIBRARY FUND 46,451.21 210 CAPITAL IMPROVEMENT PROJECTS FUND 308,064.38 300 INSURANCE FUND 3,565.92 320 INFORMATION TECHNOLOGY 40,693.87 330 CENTRAL SERVICES 17,975.94 340 FACILITIES 42,166.37 375 INTERN FELLOWSHIP FUND 477.51 380 SARDA DEBT SERVICE FUND 2,150.13 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 15.09 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 15.09 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 15.09 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 15.09 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 15.09 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 90.39 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 379.69 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 403.57 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 50.57 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 9.35 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 971.60 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 289.47 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 310.74 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 2,063.91 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 84.60 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 15.42 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 177.36 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 117.15 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 283.61 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 629.64 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 238.37 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 4,691.03 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 18.21 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 1,714.58 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 309.53 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 566.30 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 265.49 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 90.13 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 6.94 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 499.55 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 744.46 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.00 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 371.78 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 220.55 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 2.86 700 CERBT CALIFORNIA EE RETIREE-GASB45 5,978.00 $ 4,716,682.39 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 261,721.91 135 BUSINESS INCUBATOR RESOURCE 1,818.69 140 COMMUNITY DEV BLOCK GRANT 1,830.22 165 AFFORDABLE HOUSING 4,158.63 190 TEMECULA COMMUNITY SERVICES DISTRICT 99,436.77 192 TCSD SERVICE LEVEL B STREET LIGHTS 245.38 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 2,147.01 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 454.28 197 TEMECULA LIBRARY FUND 616.21 300 INSURANCE FUND 2,160.50 320 INFORMATION TECHNOLOGY 25,306.84 330 SUPPORT SERVICES 6,059.55 340 FACILITIES 11,478.44 375 INTERN FELLOWSHIP FUND 1,196.30 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 64.40 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 64.40 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 64.40 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 64.40 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 64.40 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 386.45 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 92.79 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 62.29 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 74.20 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 13.45 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 149.81 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 27.12 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 38.52 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 254.55 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.70 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 11.59 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 7.86 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 169.85 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 36.28 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 20.96 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 18.31 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 42.30 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.69 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 157.49 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 84.17 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 228.25 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 386.04 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 9.19 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 10.16 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 217.21 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 69.93 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 3.10 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 10.16 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 320.17 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 4.41 700 CERBT CALIFORNIA EE RETIREE-GASB45 32,918.89 454,784.62 TOTAL BY FUND: $ 5,171,467.01 apChkLst Final Check List Page: 1 10/29/2015 9:54:28AM CITY OF TEMECULA Bank : union UNION BANK Check # Date Vendor Description Amount Paid Check Total 2823 10/27/2015 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT 40,874.60 40,874.60 RETIREMENT) 2824 10/20/2015 000444 INSTATAX (EDD) unemployment tax 3rd qtr 2015 15,125.69 15,125.69 173596 10/23/2015 017251 VENGOECHEA PERFORMANCE: 10/2/15 ART OPENING 150.00 150.00 173597 10/29/2015 018248 42 TARDUS WAY settlement:merc rental 10/20 350.00 350.00 173598 10/29/2015 016764 ABM BUILDING SERVICES, LLC HVAC REPAIR SVCS 951.50 HVAC Repair: Sta 92 238.60 1,190.10 173599 10/29/2015 001517 AETNA BEHAVIORAL HEALTH, Nov '15 Employee assistance prgm 4.40 LLC Nov Employee assistance prgm 664.40 668.80 173600 10/29/2015 016450 AIR EXCHANGE, INC. plymovent maintenance: Sta 84 972.33 972.33 173601 10/29/2015 006915 ALLIE'S PARTY EQUIPMENT ECON DEV - TABLE CLOTH CLEANING 77.20 77.20 173602 10/29/2015 009787 ALTEC INDUSTRIES INC vehicle repair & maint svcs: pw traffic 131.84 131.84 173603 10/29/2015 004422 AMERICAN BATTERY signal batteries: pw traffic 581.69 CORPORATION signal batteries: pw traffic 266.84 848.53 173604 10/29/2015 018397 ARCHULETA, COLLEEN refund:sec dep:rm rental:harveston 150.00 150.00 173605 10/29/2015 018249 ASI ASSOCIATES INC MISC SUPPLIES:CHILDREN'S MUSEUM 531.12 531.12 173606 10/29/2015 017149 B G P RECREATION, INC. 173607 10/29/2015 011954 BAKER & TAYLOR INC 173608 10/29/2015 018101 BARN STAGE COMPANY INC, THE 173609 10/29/2015 013482 BAS SECURITY TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 485.10 450.45 519.75 1,455.30 BOOK COLLECTIONS:LIBRARY 139.07 139.07 settlement:cabaret at the merc 10/25 518.00 518.00 billing adj:short pd Inv#965a 755.90 SECURITY SVC:HEALTH & RESOURCE F. 238.80 994.70 Pagel apChkLst Final Check List Page: 2 10/29/2015 9:54:28AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 173610 10/29/2015 004262 BIO-TOX LABORATORIES Description SEP -OCT DUI & DRUG SCREENINGS:POLICE SEP -OCT DUI & DRUG SCREENINGS:POI SEP DUI & DRUG SCREENINGS:POLICE Amount Paid Check Total 956.94 1,530.42 572.00 3,059.36 173611 10/29/2015 012583 BLANCAY PRICE JUL LDSCP PLAN CHCK & 17,159.00 17,159.00 REVI EW:PLNG 173612 10/29/2015 018400 BOYS & GIRLS CLUBS OF refund:sec dep:rm rental:CRC gym 200.00 200.00 173613 10/29/2015 017115 BUREAU OF OFFICE TRANSCRIPTION SVCS:TEM POLICE 850.14 850.14 SERVICES, INC 173614 10/29/2015 014718 BURT, KRISTAA. 173615 10/29/2015 003138 CAL MAT 173616 10/29/2015 004248 CALIF DEPT OF JUSTICE-ACCTING TCSD Instructor Earnings 205.80 205.80 asphalt supplies:pw street maint div 359.39 359.39 Aug '15 drug & alcohol screenings:police 525.00 SEP '15 DRUG &ALCOHOL SCREENING: 350.00 JUN '15 DRUG & ALCOHOL SCREENING 105.00 980.00 173617 10/29/2015 011813 CALIFORNIA VETERINARY EMERGENCY EXAM:POLICE K-9 UNIT 152.67 152.67 SPCLST 173618 10/29/2015 000131 CARL WARREN & COMPANY SEP '15 CLAIM ADJUSTER SERVICES 2,087.12 2,087.12 INC 173619 10/29/2015 000137 CHEVRON AND TEXACO City vehicles fuel:Police 1,217.26 1,217.26 173620 10/29/2015 018396 COLLABORATIVE LEARNING 173621 10/29/2015 002945 CONSOLIDATED ELECTRICAL DIST. 173622 10/29/2015 017542 COX, KRISTI LYN 173623 10/29/2015 010650 CRAFTSMEN PLUMBING & HVAC INC refund:sec dep:rm rental:TCC refund:sec dep:rm rental:TCC refund:credit:rm rental:TCC refund:credit:rm rental:conf ctr A/B 200.00 150.00 1,967.05 2,105.00 MISC ELECTRICAL SUPPLIES:CRC 312.55 var park site elect supplies:park maint MISC ELECTRICAL SUPPLIES:LIBRARY 189.00 31.32 TCSD instructor earnings 302.40 TCSD instructor earnings 504.00 replace pressure washer pump:foc 1,648.76 STATION MAINT:STN 92 PLUMBING SVCS: CRC appliance repair: pbsp snack bar INSTALL REGULATOR:SENIOR CENTER I 832.28 920.00 5,225.00 780.00 4,422.05 532.87 806.40 9,406.04 Paget apChkLst 10/29/2015 9:54:28AM Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK Check # Date Vendor 173624 10/29/2015 011870 CRIME SCENE STERI-CLEAN, LLC 173625 10/29/2015 000209 CROP PRODUCTION SERVICES 173626 10/29/2015 014580 DANCE THEATRE COLLECTIVE 173627 10/29/2015 013812 DFIT SUBS, LLC 173628 10/29/2015 016756 DOCTOR'S NUTRITIONAL PRODUCTS 173629 10/29/2015 018247 DOKKEN ENGINEERING 173630 10/29/2015 004192 DOWNS ENERGY FUEL& LUBRICANTS 173631 10/29/2015 007319 EAGLE ROAD SERVICE & TIRE INC 173632 10/29/2015 002390 EASTERN MUNICIPAL WATER DIST 173633 10/29/2015 004068 ECALDRE MANALILI-DE VILLA, AILEEN (Continued) Description BIO -HAZARD CLEAN-UP:#TE152680059 9/25 equipment maintenance: Sta 84 settlement:danceXchange 10/20 refreshments:college fair event K-9 Food - Police FY 15/16 design svcs for southside parking:pw FUEL FOR CITY VEHICLES:LAND DEV/NPDES Fuel for City vehicles:Police Fuel for City vehicles:TCSD FUEL FOR CITY VEHICLES:PARKS MAINZ FUEL FOR CITY VEHICLES:PW Fuel for City vehicles:traffic div replacement tires:pw street maint fleet Sep water meter:Murr hot springs rd Sep water meter:39569 Seraphina Rd Sep water meter:39656 Diego Dr Sep water meter:Murr hot springs rd TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Amount Paid Check Total 750.00 117.54 80.50 1,435.00 82.80 6,787.64 46.36 55.94 214.43 827.06 563.92 177.66 1,215.20 76.33 364.84 225.80 20.57 70.00 189.00 189.00 157.50 227.50 262.50 227.50 189.00 262.50 141.75 87.50 280.00 750.00 117.54 80.50 1,435.00 82.80 6,787.64 1,885.37 1,215.20 687.54 2,283.75 173634 10/29/2015 013367 ELECTRO INDUSTRIAL SUPPLY misc small tools & equip: pw traffic 929.96 929.96 Page3 apChkLst Final Check List Page: 4 10/29/2015 9:54:28AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 173635 10/29/2015 011292 ENVIRONMENTAL SCIENCE ASSOC. Description AUG '15 JEFFERSON CORRIDOR SPEC PLN EIR APR '15 AUDI AUTO DEALERSHIP SEIR APR '15AUDI AUTO DEALERSHIP SEIR Amount Paid Check Total 2,150.13 18,980.56 6,859.80 27,990.49 173636 10/29/2015 015090 EVAPCO PRODUCTS, INC. maint svcs for water system:civic ctr 550.00 550.00 173637 10/29/2015 001056 EXCEL LANDSCAPE, INC. IRRIG REPAIRS:HARVESTON LAKE 350.02 PARK Irrig repairs:Riverton park 183.05 Irrig repairs:Paloma del sol park 166.46 Irrig repairs:PBSP 221.72 Irrig repairs:Butterfield median 166.46 irrigation sys repairs: various slopes 258.77 IRRIG CONTROLLER INSTALL:VILLAGES 1,340.00 Idscp imprvmnts:tradewinds slope 4,662.00 WATER MAIN REPAIR SVC:TCC 327.66 IRRIG REPAIRS:MEADOWS PARK 326.28 IRRIG REPAIRS:HARVESTON SPORTS Pi 286.36 IRRIG REPAIRS:PAUBA RIDGE PARK 417.51 IRRIG REPAIRS:SONOMA MEADOWVIEVV 114.26 IRRIG REPAIRS:TEMEKU HILLS 288.00 IRRIG REPAIRS:HARVESTON SPORTS Pi 159.93 IRRIG REPAIRS:DUCK POND PARK 170.44 irrigation repairs: villages slope 221.72 irrigation repairs: villages slope 221.72 overseeding turf:redhawk dog park 360.00 Idscp improvements:pablo apis park 5,603.00 irrigation sys repairs: various slopes 105.15 irrigation sys repairs: various slopes 408.97 IRRIG REPAIRS:WOLF CREEK 342.91 IRRIG REPAIRS:RRSP 257.20 Irrig repairs:temeku hills slopes 107.28 Irrig repairs:campos verdes slopes 104.93 Irrig repairs:mirada slope 225.72 17,397.52 173638 10/29/2015 018268 FAIRBANK, MASLIN, MAULLIN, CONSULTING SVCS:COMM OUTREACH 16,487.50 16,487.50 PRGM 173639 10/29/2015 000165 FEDERAL EXPRESS INC 173640 10/29/2015 003747 FINE ARTS NETWORK 173641 10/29/2015 003747 FINE ARTS NETWORK 173642 10/29/2015 018398 FRANCIS, LESLI Sep Express mail services 51.16 10/1 EXPRESS MAIL SERVICES 31.53 82.69 settlement:carnival of the animals 6,450.56 6,450.56 settlement:seussical 10/9-25 5,553.84 5,553.84 refund:sec dep:rm rental:TCC 200.00 200.00 Page:4 apChkLst Final Check List Page: 5 10/29/2015 9:54:28AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 173643 10/29/2015 000795 FRED PRYOR TRAINING REWARD SEMINARS-CAREERTRAC MBRSHP:ROBINSON, S. 173644 10/29/2015 014865 FREIZE UHLER, KIMBERLY BLDG & SAFETY INSPECTOR UNIFORMS Amount Paid Check Total 299.00 299.00 125.34 125.34 173645 10/29/2015 016184 FUN EXPRESS, LLC misc supplies:var csd special events 429.02 429.02 173646 10/29/2015 003946 G T ENTERTAINMENT DJ SVCS:HALLOWEEN FAMILY CARNIVAL 10/30 173647 10/29/2015 001937 GALLS INC 400.00 400.00 equip:Police volunteers FY15/16 23.76 equip:Police volunteers FY15/16 12.19 35.95 173648 10/29/2015 009608 GOLDEN VALLEY MUSIC settlement:classic at the merc Oct '15 319.90 319.90 SOCIETY 173649 10/29/2015 003792 GRAINGER misc stage supplies: Theater 95.88 95.88 173650 10/29/2015 015451 GREATAMERICAFINANCIAL OCT '15 LEASE COPIERS:CITY 520.09 520.09 SVCS HALL/OFF-SITE 173651 10/29/2015 018406 HAIGHT, CANDY refund:sec dep:rm rental:conf ctrA/B 112.50 112.50 173652 10/29/2015 000186 HANKS HARDWARE INC HARDWARE SUPPLIES: VARIOUS FIRE STNS 173653 10/29/2015 002109 HD SUPPLY CONSTR. SUPPLY var maint supplies:street maint LTD var maint supplies:street maint 173654 10/29/2015 010210 HOME DEPOT SUPPLY INC, misc maint supplies: various facilities THE misc supplies: senior center rehab 173655 10/29/2015 005449 I E F E A POST 860 320.89 320.89 309.79 144.67 57.33 589.53 454.46 MISC SUPPLIES:SENIOR CENTER REHA 354.30 1,001.16 explorer post academy:adv regis fees 790.00 790.00 173656 10/29/2015 009135 IMPACT MARKETING & DESIGN promo items:theater anniversary event 200.79 INC PROMO ITEMS:THEATER ANNIVERSARY 541.09 741.88 173657 10/29/2015 010766 INLAND VALLEY SYMPHONY Performance 10/24 1,500.00 1,500.00 173658 10/29/2015 006914 INNOVATIVE DOCUMENT SOLUTIONS SEP COPIER MAI NT/R E PAI R/USAG E: CI TY WI D E SEP COPIER MAINT/REPAIR/USAGE:CIr 7,407.76 901.25 8,309.01 Pages apChkLst Final Check List Page: 6 10/29/2015 9:54:28AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 173659 10/29/2015 003296 INTL CODE COUNCIL CODE BOOKS: PREVENTION 173660 10/29/2015 010607 INTL SOCIETY OF Tree & Drought wrkshp 11/17 S. Fox ARBORICULTURE 173661 10/29/2015 010412 JOHNSON POWER SYSTEMS GENERATOR PREV MAINT:FIRE STN #84 GENERATOR PREV MAINT:CIVIC CENTEI GENERATOR PREV MAINT:CRC GENERATOR PREV MAINT:FOC EMERG GEN PM SVCS:FIRE STN #95 GENERATOR PREV MAINT:LIBRARY GENERATOR PREV MAINT:TVE2 EMERG GEN PM SVCS:FIRE STN #73 EMERG GEN PM SVCS:FIRE STN #92 Amount Paid Check Total 90.59 90.59 90.00 90.00 507.11 675.76 542.08 663.97 502.44 546.81 546.44 501.94 501.50 4,988.05 173662 10/29/2015 012285 JOHNSTONE SUPPLY MISC MAINT SUPPLIES: CIVIC CENTER 169.61 169.61 173663 10/29/2015 014312 KAMM INDUSTRIAL, INC. pole covers:tvhs tennis courts 621.00 621.00 173664 10/29/2015 015358 KELLY PAPER COMPANY, INC. wide format poster rolls & cardstock 646.15 646.15 173665 10/29/2015 001091 KEYSER MARSTON AUG '15 UPTOWN JEFFERSON SPEC 3,703.75 3,703.75 ASSOCIATES INC PLAN 173666 10/29/2015 000548 KIPLINGER LETTER, THE '15 KIPLINGER LTR SUBSCR:NAGGAR, 99.00 99.00 M 173667 10/29/2015 017946 LANDRUM, KAREN TCSD instructor earnings 840.00 840.00 173668 10/29/2015 014772 LOTA, RAYMONDA PHOTO BOOTH:HALLOWEEN FAMILY CARNIVAL 173669 10/29/2015 018399 MCMILLIAN III, ANDREW refund:sec dep:rm rental:harveston 173670 10/29/2015 015259 MERCURY DISPOSAL HOUSEHOLD BATTERY RECYCLING SYSTEMS, INC. PRGM 698.00 698.00 200.00 200.00 272.84 272.84 173671 10/29/2015 016445 MKB PRINTING & BUSINESS CARDS:PW:JULIE TARRANT 100.99 PROMOTIONAL INC BUSINESS CARDS:CHRISTINE DAMKO 171.70 173672 10/29/2015 004586 MOORE FENCE COMPANY INC repair damaged fence: pbsp 513.31 272.69 513.31 Page6 apChkLst Final Check List Page: 7 10/29/2015 9:54:28AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 173673 10/29/2015 004040 MORAMARCO, ANTHONY J. PROMO ITEMS/DESIGN WORK:CSD 450.00 EVENTS TCSD instructor earnings 115.50 TCSD instructor earnings 42.00 TCSD instructor earnings 616.00 1,223.50 173674 10/29/2015 004490 MUSCO SPORTS LIGHTING INC field lighting sys parts:tem middle sch 2,336.28 2,336.28 173675 10/29/2015 017861 MYTHOS TECHNOLOGY INC IT MONITORING SVCS: TVE2 100.00 100.00 173676 10/29/2015 002925 NAPA AUTO PARTS AUTO PARTS & MISC SUPPLIES: STA 19.83 19.83 84 173677 10/29/2015 000727 NATIONAL FIRE PROTECTION FIRE PREV WEEK 3,027.86 ASSN SUPPLIES:PREVENTION 12/1/15-11/30/16 mbrshp:E.W. 2508570 165.00 173678 10/29/2015 017700 NEVERLAND PARTIES & ENTERTAINMENT:SKIP PGRN 50.00 ENTERTAIN 173679 10/29/2015 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:Finance 98.59 DIV Misc office supplies:HR Misc office supplies:HR Misc office supplies:Finance 173680 10/29/2015 007409 OLD TOWN DINING, LLC dep:ee quarterly luncheon 12/3 173681 10/29/2015 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:PW Street Maint City Vehicle Maint Svcs:PW Parks Maint City Vehicle Maint Svcs:Windstar 33.43 13.45 7.55 1,925.10 47.50 974.41 143.17 170.98 483.95 3,192.86 50.00 153.02 1,925.10 1,820.01 173682 10/29/2015 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Parks Maint 47.50 City Vehicle Maint Svcs:PW Parks Maint 50.39 City Vehicle Maint Svcs:PW Parks Maint 667.47 City Vehicle Maint Svcs:PW Traffic 273.45 City Vehicle Maint Svcs:Code Enf 55.00 City Vehicle Maint Svcs:PW CIP 50.39 1,144.20 173683 10/29/2015 002344 OSVOLD, HEI DA REIMB:UNIFORMS:B&S 98.74 98.74 173684 10/29/2015 002734 P V P COMMUNICATIONS INC HELMETS:POLICE MOTORCYCLE 902.30 902.30 FLEET 173685 10/29/2015 013910 PACIFIC RESTORATION GROUP INC Dec '13 -Sep '15 const:rrsp desilting Ldscp maint:caltrans Idscp improve 11,970.18 20,272.50 32,242.68 Page:7 apChkLst Final Check List Page: 8 10/29/2015 9:54:28AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 173686 10/29/2015 002800 PACIFIC STRIPING INC citywide traffic striping:var streets 151,844.48 151,844.48 173687 10/29/2015 015923 PCMG Small tools and equip:Info Tech 412.56 Small tools and equip:Info Tech 1,886.74 Small tools and equip:Info Tech 206.29 Small tools and equip:Info Tech 259.20 173688 10/29/2015 000249 PETTY CASH petty cash reimbursement 173689 10/29/2015 010338 POOL& ELECTRICAL PRODUCTS INC 2,764.79 577.50 577.50 water chemical supplies:splash pad 274.84 pool supplies:chemicals:var pool sites 283.50 water chemical supplies:splash pad 342.90 901.24 173690 10/29/2015 011549 POWER SPORTS UNLIMITED VEH MAI NT & REPAIR:POLICE 136.58 136.58 173691 10/29/2015 003155 PRICE CHOPPER INC Wristbands for Aquatics programs 160.00 160.00 173692 10/29/2015 005075 PRUDENTIAL OVERALL Sept uniform/mats/twl rentals:City facs 1,059.24 SUPPLY Sept uniform/mats svcs:pw parks/c.cntr 661.05 1,720.29 173693 10/29/2015 017648 RAHN, MATT reimb:LCCAC conf 9/30-10/1 284.91 284.91 173694 10/29/2015 000262 RANCHO CALIF WATER DISTRICT 173695 10/29/2015 018239 RI RIE-WOODBURY DANCE 173696 10/29/2015 000353 RIVERSIDE CO AUDITOR 173697 10/29/2015 000418 RIVERSIDE CO CLERK & RECORDER 173698 10/29/2015 014027 RIVERSIDE CO ECO DEV AGENCY 173699 10/29/2015 000406 RIVERSIDE CO SHERIFFS DEPT 173700 10/29/2015 018401 RIVERSIDE COUNTY Oct var water meters:TCSD svc lev C 13,560.17 Sep var water meters:PW YMCA 710.47 Sep var water meters:41951 Moraga Rd 113.38 Sep var water meters:Calle Elenita 22.28 14,406.30 THEATER PERFORMANCE: 11/07/15 5,000.00 5,000.00 LAFCO FY 15-16 fees 7,633.13 7,633.13 Exemption Ntc filing fee:Murr.Crk pwl 507 50.00 50.00 JUL-SEP STAFFING:LIBRARY 41,860.00 41,860.00 7/23-8/19 law enforcement 1,672,603.97 8/20-9/16 law enforcement 1,698,485.90 3,371,089.87 refund:Cake decorating w/Jill 6060.204 59.00 59.00 Page6 apChkLst Final Check List Page: 9 10/29/2015 9:54:28AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 173701 10/29/2015 004822 RIVERSIDE TRANSIT AGENCY Aug '15 transit agreement pmt 1,704.90 1,704.90 173702 10/29/2015 000220 ROBINSON PRINTING & Print & prep budget docs: finance dept. 106.92 106.92 CREATIVE 173703 10/29/2015 009213 SHERRY BERRY MUSIC settlement:Lifenote event 10/24 1,035.00 173704 10/29/2015 000537 SO CALIF EDISON SETTLEMENT:JAZZATTHE MERC 10/22 Sep 2-30-099-3847:29721 Ryecrest Sep 2-30-296-9522:46679 Primrose Ave Sep 2-27-560-0625:32380 Deerhollow way Sep 2-29-974-7568:26953 Ynez Rd TC1 Sep 2-31-693-9784:26036 Ynez Rd TC1 173705 10/29/2015 001212 SO CALIF GAS COMPANY Sep 015-575-0195-2:32211 Wolf vly rd Sep 055-475-6169-5:32380 Deerhollow wa) 462.00 1,497.00 25.53 535.13 3,451.63 142.19 401.10 89.54 131.93 4,555.58 221.47 173706 10/29/2015 008337 STAPLES BUSINESS Office supplies:CRC 6.92 ADVANTAGE Office supplies:CRC 96.31 Office supplies:City Clerk 71.86 Office supplies:TCSD Admin 161.99 Office supplies:TCSD Admin 274.14 Office supplies:TCSD Admin 196.57 Office supplies:TCSD Admin 26.69 misc ofc supplies:mall storefront:police 197.51 Office supplies:TCSD Admin 13.42 1,045.41 173707 10/29/2015 000168 TEMECULA FLOWER CORRAL AUG -SEP SUNSHINE FUND 611.78 611.78 173708 10/29/2015 010046 TEMECULA VALLEY Ann'I SponsorshipAgrmnt:Econ Dev 50,000.00 50,000.00 CONVENTION & 173709 10/29/2015 010276 TIME WARNER CABLE Oct high speed internet:fire stn #92 119.86 119.86 173710 10/29/2015 004759 TWIN GRAPHICS GRAPHICS:POLICE MOTORCYCLE 378.40 378.40 FLEET 173711 10/29/2015 004794 VALLEY WINDS COMMUNITY performance:concert in the park 10/25 1,500.00 1,500.00 173712 10/29/2015 004261 VERIZON Oct xxx-5072 general usage 2,142.82 Oct xxx-0073 gen usage:sr ctr, skate prk 125.59 2,268.41 173713 10/29/2015 004789 VERIZON Oct Internet svcs:city hall 289.99 Oct Internet svcs:senior center 144.99 434.98 173714 10/29/2015 015199 WINTER ADVERTISING photo purchases:economic dev 290.00 290.00 AGENCY Page9 apChkLst Final Check List Page: 10 10/29/2015 9:54:28AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 173715 10/29/2015 016864 WOOD, RANDY 173716 10/29/2015 000348 ZIGLER, GAIL 1000736 10/16/2015 018372 AREVALO, SHANA 1000737 10/16/2015 018372 AREVALO, SHANA 1000738 10/16/2015 018375 AUSTIN, GINA 1000739 10/16/2015 018379 CHENG, NEMELYN 1000740 10/16/2015 018369 CHUPP, CYNTHIA 1000741 10/16/2015 018373 GAY, LAURA 1000742 10/16/2015 018364 GONZALEZ, IRENE 1000743 10/16/2015 018377 HITTSCHAAF, LISA 1000744 10/16/2015 018374 JULIUS, LOLA 1000745 10/16/2015 016983 LAKE, JENNIFER 1000746 10/16/2015 016983 LAKE, JENNIFER 1000747 10/16/2015 006787 MANN, SILVA 1000748 10/16/2015 018362 MATA, TAMMY 1000749 10/16/2015 018363 MATHENY,AIDA 1000750 10/16/2015 018366 MENDEZ, ANA 1000751 10/16/2015 018368 PANINGBATON, SABRINA Description Amount Paid Check Total mileage reimb:post disaster trng 9/23 57.50 REIMB:POST DISASTER TRNG 9/23/15 85.00 142.50 Reimb:Halloween carnival pgrm 146.10 reimb:refreshments for concerts 10/24-25 171.24 317.34 refund:Basketball tiny tots 2300.206 25.00 25.00 refund:Basketball skills beg 2305.206 38.00 38.00 refund:Creative beg for parent & me 55.00 55.00 refund:Basketball tiny tots 2300.206 25.00 25.00 refund:Microsoft Excel Level II 60.00 60.00 refund:credit:picnic shelter:RRSP 55.00 55.00 refund:sec dep:rm rental:harveston 200.00 200.00 refund:Gold - adult clinic 1503.205 50.00 50.00 refund:Creative beg for parent & me 55.00 55.00 refund:Microsoft Excel Level II 60.00 60.00 refund:Microsoft Excel Level II 60.00 60.00 refund:sec dep:rm rental:CRC 200.00 200.00 refund:sec dep & rental:CRC 669.10 669.10 refund:sec dep:rm rental:conf ctr A/B 150.00 150.00 refund:sec dep:rm rental:CRC 200.00 200.00 refund:sec dep:rm rental:CRC 200.00 200.00 Pagel 0 apChkLst Final Check List Page: 11 10/29/2015 9:54:28AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 1000752 10/16/2015 018370 QIU, YUHUA 1000753 10/16/2015 018367 RAMIREZ, XOCHITL 1000754 10/16/2015 018378 STEDFIELD, CYNTHIA 1000755 10/16/2015 018365 SOUTHWEST HEALTHCARE 1000756 10/16/2015 018380 VEREJNIKOVA, NATALIA 1000757 10/16/2015 018371 ZOLNA, WHITNEY 1000758 10/16/2015 018376 ZUREIGAT, MAHER 1000759 10/22/2015 016177 ANTHONY, RAQUEL 1000760 10/22/2015 018390 ARAMBULO, HELEN 1000761 10/22/2015 018391 AVILA, GUADALUPE 1000762 10/22/2015 018392 DELAHUNTY, CHRISTINE 1000763 10/22/2015 018393 OZUNA, VICTOR 1000764 10/23/2015 018394 GRANA, GLENN 1000765 10/23/2015 018377 HITTSCHAAF, LISA 1000766 10/23/2015 018395 ORLEBECK, FLORA 1000767 10/23/2015 015372 WADE, KAREN 1000768 10/27/2015 018396 COLLABORATIVE LEARNING 1000769 10/27/2015 018403 SIKES, ASHLEIGH Description Amount Paid Check Total refund:Cupcake craze for kids 25.00 25.00 refund:sec dep:picnic rental:harveston 200.00 200.00 refund:Ballet barre stretch & tone 9.00 9.00 refund:sec dep:rm rental:harveston 200.00 200.00 refund:Int'I cooking series 1602.202 70.00 70.00 refund:Miss Cathy's tiny tots 1040.205 75.00 75.00 refund:Creative beg for parent & me 55.00 55.00 Refund:Friday Scooter Night #9700.204 5.00 5.00 Refund:Microsoft Excel Level II 60.00 60.00 Refund:International Cooking Series 35.00 35.00 Refund:Golf:Adult Clinic #1503.205 50.00 50.00 Refund:Health Series:Meatless Mondays 70.00 70.00 Refund:Microsoft Excel Level 11#4425.202 60.00 60.00 Refund:Petite Chefs & Petite Pasty Chefs 90.00 90.00 Refund:lnternational Cooking Series 70.00 70.00 Refund:Temecula Wine and Paint Class 8.00 8.00 Refund:TCC Multipurpose Room 504.40 504.40 Refund:Security Dep:Harveston Center 150.00 150.00 Page:11 apChkLst Final Check List Page: 12 10/29/2015 9:54:28AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 1000770 10/27/2015 018404 VERNIER!, LARRY Refund:Security Dep:Harveston Center 1000771 10/27/2015 018405 VINCENT, SANDY Refund:Security Dep:Harveston Center Amount Paid Check Total 200.00 200.00 200.00 200.00 Grand total for UNION BANK: 3,938,373.01 Page:12 apChkLst Final Check List 10/29/2015 9:54:28AM CITY OF TEMECULA Page: 13 159 checks in this report. Grand Total All Checks: 3,938,373.01 Page:13 apChkLst Final Check List Page: 1 11/05/2015 9:18:50AM CITY OF TEMECULA Bank : union UNION BANK Check # Date Vendor 2825 11/05/2015 010349 CALIF DEPT OF CHILD SUPPORT 2826 11/05/2015 017429 COBRA ADVANTAGE INC. 2827 11/05/2015 000194 I CMA RETIREMENT -PLAN 303355 2828 11/06/2015 000444 INSTATAX (EDD) Description Amount Paid Check Total SUPPORT PAYMENT 1,128.45 1,128.45 REIMBURSEMENT FSA PAYMENT 6,355.98 6,355.98 I CMA RETIREMENT TRUST 457 8,555.33 8,555.33 PAYMENT STATE TAXES PAYMENT 24,733.62 24,733.62 2829 11/06/2015 000283 INSTATAX (IRS) FEDERAL INCOME TAXES PAYMENT 2830 11/05/2015 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT SOLUTION PAYMENT 2831 11/05/2015 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT SOLUTION 87,240.81 87,240.81 2,376.34 2,376.34 12, 722.24 12, 722.24 2832 11/05/2015 000245 PERS - HEALTH INSUR PERS HEALTH INSURANCE PAYMENT 0.00 PREMIUM PERS HEALTH INSURANCE PAYMENT 97,508.36 97,508.36 173717 10/29/2015 013482 BAS SECURITY fire security watch:Theater 7,683.85 7,683.85 173718 11/05/2015 004973 ABACHERLI, LINDI TCSD instructor earnings 525.00 525.00 173719 11/05/2015 004422 AMERICAN BATTERY CORPORATION 173720 11/05/2015 011304 AMEZCUA, MICHELLE 173721 11/05/2015 002187 ANIMAL FRIENDS OF THE VALLEYS 173722 11/05/2015 000101 APPLE ONE INC 173723 11/05/2015 013950 AQUA CHILL OF SAN DIEGO 173724 11/05/2015 017149 B G P RECREATION, INC. eoc generator batteries:foc and crc 202.68 BATTERIES FOR EOC GENERATOR: CRC 338.52 reimb: '15 Calbo trng conf 10/26-10/27 124.20 541.20 124.20 Aug 15 animal control svcs: temecula 10,000.00 10,000.00 Aug 15 Temp staff srvcs: cc/fin/plan/IT 3,213.61 3,213.61 Oct drinking water systems:senior center 34.83 Oct drinking water systems: jrc 28.35 63.18 TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 1,501.50 1,459.50 3,402.00 6,363.00 Pagel apChkLst 11/05/2015 9:18:50AM Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK Check # Date Vendor 173725 11/05/2015 006254 BALLET FOLKLORICO 173726 11/05/2015 007385 BAUDVILLE, INC. 173727 11/05/2015 008605 BONTERRA PSOMAS 173728 11/05/2015 013265 CALIF BUILDING 173729 11/05/2015 000638 CALIF DEPT OF CONSERVATION 173730 11/05/2015 017698 CALIFORNIAAVERLAND CONST INC 173731 11/05/2015 010514 CAMPINI'S ITALIAN DELI 173732 11/05/2015 018422 CENGAGE LEARNING 173733 11/05/2015 014726 CHAPTER 13 STANDING TRUSTEE 173734 11/05/2015 017449 CHRIST PRESBYTERIAN CHURCH 173735 11/05/2015 017392 CLS CONSTRUCTION 173736 11/05/2015 004405 COMMUNITY HEALTH CHARITIES, CIO WELLS FARGO BANK 173737 11/05/2015 013379 COSSOU, CELINE 173738 11/05/2015 010650 CRAFTSMEN PLUMBING & HVAC INC 173739 11/05/2015 018420 CREGUT, DEBORAH 173740 11/05/2015 013812 DFITSUBS, LLC 173741 11/05/2015 011202 EMH SPORTS USA, INC (Continued) Description TCSD Instructor Earnings TCSD Instructor Earnings Visitor Login Books:Front Reception 7/30-10/1 CNSLTNG SRVCS:RRSP DESILTING B 7/3-730 CNSLTNG SRVCS:RRSP DESILTII 2015 3rd qtr pmt of SB1473 (Jul -Sep) 2015 3rd Qtr pmt:strong motion (Jul -Sep) Stop Notice: Lowry's Inc. p/e 11/1/15 retention release: PW12-04 refreshments:CERTtraining 11/8/15 refund:sec dep:rm rental:conf ctr A/B SUPPORT PAYMENT refund:sec dep:rm rental:TCC Sep 15 Citywide concrete repairs: pw cip EMPLOYEE CHARITY DONATIONS PAYMENT TCSD Instructor Earnings install kitchen & restroom pump: crc reimb: '15 Calbo trng conf 10/26-10/27 Refreshments:college fair event TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings Amount Paid Check Total 140.00 227.50 421.71 2,561.25 2,091.38 657.00 2,208.08 -44,846.01 132,870.81 485.00 150.00 205.85 200.00 39,021.58 24.00 252.00 813.61 60.38 1,300.00 245.00 815.50 245.00 367.50 421.71 4,652.63 657.00 2,208.08 88,024.80 485.00 150.00 205.85 200.00 39,021.58 24.00 252.00 813.61 60.38 1,300.00 1,305.50 Paget apChkLst Final Check List Page: 3 11/05/2015 9:18:50AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 173742 11/05/2015 017432 EYEMED VISION CARE VISION PAYMENT 869.85 869.85 173743 11/05/2015 011145 FOSTER, JILL CHRISTINE TCSD instructor earnings TCSD instructor earnings 173744 11/05/2015 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 173745 11/05/2015 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 173746 11/05/2015 014865 FREIZE UHLER, KIMBERLY 173747 11/05/2015 010326 G E MOBILE WATER, INC 173748 11/05/2015 013076 GAUDET, YVONNE M. 173749 11/05/2015 015451 GREATAMERICA FINANCIAL SVCS 1,668.04 3,402.00 5,070.04 350.00 350.00 150.00 150.00 promotional items - economic 623.42 development promotional items - economic development 1,135.89 1,759.31 Apparatus maint supplies: Sta 84/73 89.92 89.92 TCSD instructor earnings 336.00 336.00 Oct 15 lease copiers:city hall 1,341.70 Oct 15 lease for 6 copiers:Library 788.41 Oct 15 Lease copiers:City Hall/off-site 289.44 2,419.55 173750 11/05/2015 003342 HABITAT FOR HUMANITY Settlement:World Habitat Day 10/27/15 79.76 79.76 173751 11/05/2015 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Earnings 875.88 875.88 173752 11/05/2015 009306 HILLCRESTACADEMY '15 Halloween Carnival Booth Fee 100.00 100.00 173753 11/05/2015 018417 HIVELY, HEATHER refund:sec dep:rm rental:harveston 200.00 200.00 173754 11/05/2015 011049 HOSPICE OF THE VALLEY '15 Halloween Carnival booth fee 100.00 100.00 173755 11/05/2015 010766 INLAND VALLEY SYMPHONY Performance: symphony & chorus 11/11 4,500.00 4,500.00 173756 11/05/2015 018184 INLAND VLY BUS & COMM Sttlmnt:"Comedy at the Merc" 10/31/15 3,540.00 3,540.00 FNDTN 173757 11/05/2015 000198 INTL COUNCIL OF SHOPPING FY 2015-16 mbrshp:Kitzerow, C. 50.00 50.00 1571846 173758 11/05/2015 012883 JACOB'S HOUSE INC EMPLOYEE CHARITY DONATIONS 40.00 40.00 PAYMENT Page3 apChkLst Final Check List Page: 4 11/05/2015 9:18:50AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 173759 11/05/2015 013555 JJJ ENTERPRISES emergency repairs: replace fire panel 173760 11/05/2015 016110 LDCO, INC. SEP 15 RENOVATION OF FIRE STN 73: PW CIP 173761 11/05/2015 013982 MCI COMM SERVICE OCT XXX -0346 GENERAL USAGE 173762 11/05/2015 017427 MATCHETT, VIVIAN 173763 11/05/2015 009541 MEYER AND ASSOCIATES Oct xxx-0714 gen usage:PD mall alarm Amount Paid Check Total 9,968.00 9,968.00 109,608.15 109,608.15 31.97 35.00 66.97 TCSD Instructor Earnings 327.60 TCSD Instructor Earnings 318.50 646.10 Sep 15 Theater remediation: PW CIP 7,590.00 7,590.00 173764 11/05/2015 018314 MICHAEL BAKER INT'L INC. 4/27-8/30 dsgn srvcs of Park & Ride 173765 11/05/2015 012962 MILLER, MISTY 173766 11/05/2015 012264 MIRANDA, JULIO C. 173767 11/05/2015 004040 MORAMARCO, ANTHONY J. 173768 11/05/2015 009443 MUNYON, DENNIS G. 173769 11/05/2015 018424 MYERS, SHALENE 173770 11/05/2015 017861 MYTHOS TECHNOLOGY INC 173771 11/05/2015 015164 NATURES IMAGE, INC 173772 11/05/2015 014391 NICHOLS, KELLIE D. TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 5,176.83 5,176.83 280.00 280.00 63.00 TCSD Instructor Earnings 665.00 TCSD Instructor Earnings 266.00 TCSD Instructor Earnings 199.50 TCSD Instructor Earnings 66.50 TCSD Instructor Earnings 332.50 623.00 1,529.50 TCSD instructor earnings 283.50 TCSD instructor earnings 731.50 1,015.00 Oct -Dec '15 lease pmt:O.T. Prkg Lot 2,875.00 2,875.00 refund:returned lost materials:Library 4.99 4.99 IT monitoring srvcs: TVE2 100.00 100.00 SEP 15 ENVIRO MITIGATION:FVP OVERCROSSI N Sep pechanga pkwy environ mitigation:pw TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 905.35 1,221.46 277.20 176.40 331.80 277.20 378.00 252.00 128.10 430.50 264.60 2,126.81 2,515.80 Page:4 apChkLst Final Check List Page: 5 11/05/2015 9:18:50AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 173773 11/05/2015 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Street Maint 95.00 City Vehicle Maint Svcs:PW Parks Maint 173774 11/05/2015 016585 PACIFIC PLAY SYSTEMS, INC. PRGS PMT: MARGARITA PARK SPLASH PAD Retention w/h pmt:Marg park splash pad 173775 11/05/2015 001999 PITNEY BOWES 39.96 134.96 34, 511.63 -3,451.16 31,060.47 9/16-12/15 postage rental: Sta 84 76.95 Postage meter: Sta 84 215.96 292.91 173776 11/05/2015 018423 PLUMMER, KELLEY refund:Creative beg for parent & me 70.00 70.00 173777 11/05/2015 005820 PRE -PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT 384.70 384.70 INC 173778 11/05/2015 017431 PRINCIPAL LIFE INSURANCE DENTAL PAYMENT 8,218.14 8,218.14 CO 173779 11/05/2015 014957 PRN PRODUCTIONS Comedy @ The Merc 10/31 126.00 126.00 173780 11/05/2015 013725 PROCRAFT INC Garage door maint: Sta 92 520.00 520.00 173781 11/05/2015 014379 PROFESSIONAL IMAGE Banner program:econ dev 39.74 39.74 ADVERTISING 173782 11/05/2015 004584 REGENCY LIGHTING Replacement bulbs: Sta 92 375.00 375.00 173783 11/05/2015 000418 RIVERSIDE CO CLERK & Ntc exemption fee:Overland Dr pw12-15 50.00 50.00 RECORDER 173784 11/05/2015 000418 RIVERSIDE CO CLERK & Ntc exemption fee:Margarita Rd pw12-11 50.00 50.00 RECORDER 173785 11/05/2015 010777 RIVERSIDE CO EXECUTIVE OCT -DEC' 15 SHELTER SERVICES 39,236.97 OFFICE FY 15/16 SCFA MISC REIMB EXPENSES 794.17 40,031.14 173786 11/05/2015 018421 ROBINSON, TAMMY refund:sec dep:rm rental:TCC 200.00 200.00 173787 11/05/2015 012251 ROTH, DONALD J. 173788 11/05/2015 002226 RUSSO, MARY ANNE TCSD Instructor Earnings 252.00 TCSD Instructor Earnings 315.00 TCSD Instructor Earnings 315.00 567.00 315.00 173789 11/05/2015 000278 SAN DIEGO UNION TRIBUNE 11/8/15-11/9/16subscr:Finance 4754566 259.01 259.01 Page5 apChkLst Final Check List Page: 6 11/05/2015 9:18:50AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 173790 11/05/2015 018012 SAUNDERS, CATHY TCSD Instructor Earnings 157.50 TCSD Instructor Earnings 157.50 TCSD Instructor Earnings 168.00 TCSD Instructor Earnings 168.00 TCSD Instructor Earnings 168.00 819.00 173791 11/05/2015 015364 SEASIDE ICE, LLC deposit:ice skating rink/winterfest pgrm 20,000.00 20,000.00 173792 11/05/2015 013376 SECURITY SIGNAL DEVICES repair & maint of cameras: C. Museum 139.00 139.00 INC 173793 11/05/2015 008529 SHERIFF'S CIVIL DIV - SUPPORT PAYMENT 311.44 311.44 CENTRAL 173794 11/05/2015 008529 SHERIFF'S CIVIL DIV - SUPPORT PAYMENT 100.00 100.00 CENTRAL 173795 11/05/2015 009213 SHERRY BERRY MUSIC Jazz @ The Merc 10/29 367.50 367.50 173796 11/05/2015 018418 SMITH, MICHELE refund:sec dep:rm rental:conf ctrA/B 125.00 125.00 173797 11/05/2015 002718 SO CALIF CITY CLERKS ASSN general mtg 11/19/15 G. Flores 40.00 40.00 Page6 apChkLst Final Check List Page: 7 11/05/2015 9:18:50AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 173798 11/05/2015 000537 SO CALIF EDISON 173799 11/05/2015 001212 SO CALIF GAS COMPANY Description Oct 2-29-807-1093:28079 Diaz Rd PED Oct 2-29-807-1226:28077 Diaz Rd PED Oct 2-31-031-2616:27991 Diaz Rd PED Oct 2-31-282-0665:27407 Diaz Rd PED Oct 2-33-357-5785:44747 Redhawk pkwy Oct 2-31-419-2873:43000 Hwy -395 Oct 2-29-224-0173:32364 Overland Trl Sep 2-34-624-4452:32131 S Loop rd lot Oct 2-28-904-7706:32329 Overland Trl LS3 Oct 2-21-981-4720:30153 Tem pkwy TPP Sep 2-28-331-4847:32805 Pauba Rd Oct 2-35-164-3770:43487 Butterfield stg Oct 2-32-903-8293:41000 Main St Oct 2-31-912-7494:28690 Mercedes St Oct 2-18-937-3152:28314 Mercedes St Oct 2-14-204-1615:30027 Front st rdio Oct 2-02-351-4946:41845 6th St Oct 2-29-933-3831:43230 Bus park dr Oct 2-31-536-3655:41904 Main St Oct 2-31-536-3481:41902 Main St Oct 2-34-333-3589:41702 Main St Oct 2-35-164-3242:44270 Meadows pkwy Oct 2-35-164-3515:32932 Leena Way Oct 2-35-164-3663:42335 Meadows pkwy Oct 2-29-657-2787:41638 Winchester Rd Oct 101-525-1560-6:27415 Enterprise cir Oct 117-188-6393-6:32131 S Loop Rd Oct 095-167-7907-2:30650 Pauba Rd Oct 055-461-2483-4:40135 Village Rd Oct 091-085-1632-0:41951 Moraga Rd Oct 125-244-2108-3:30600 Pauba Rd Oct 091-024-9300-5:30875 Rancho vista Oct 026-671-2909-8:42051 Main St Oct 028-025-1468-3:41375 McCabe Ct Oct 021-725-0775-4:41845 6th St Oct 129-582-9784-3:43230 Bus park dr Oct 133-040-7373-0:43210 Bus park dr Oct 181-383-8881-6:28314 Mercedes St Oct 101-525-0950-0:28816 Pujol St Oct 129-535-4236-7:41000 Main St 173800 11/05/2015 000519 SOUTH COUNTY PEST pest control srvcs: theater CONTROL INC pest control srvcs: wolf creek park pest control srvcs: stn 95 pest control srvcs: stn 92 pest control srvcs: city right-of-ways Amount Paid Check Total 26.15 25.57 26.61 26.61 33.16 25.54 1,410.90 1,075.06 152.00 23.88 104.89 27.89 19,229.36 1,292.33 757.58 46.21 1,500.29 1,982.00 198.79 241.09 27.02 27.11 26.15 26.00 25.68 13.81 22.36 127.88 18.56 13.81 16.65 658.59 24.26 17.61 53.71 25.21 16.65 18.56 15.71 542.70 98.00 49.00 80.00 42.00 94.00 28, 337.87 1,586.07 363.00 Page:7 apChkLst Final Check List Page: 8 11/05/2015 9:18:50AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 173801 11/05/2015 017381 SOUTHWEST CALIFORNIA '15 Halloween Carnival n/p booth 100.00 100.00 PAGEANTS 173802 11/05/2015 018347 SOUTHWEST HEALTHCARE refund:overpmt for event permit #22245 7.50 7.50 SYSTEM 173806 11/05/2015 007762 STANDARD INSURANCE LIFE INSURANCE PAYMENT 8,303.71 8,303.71 COMPANY 173807 11/05/2015 012723 STANDARD INSURANCE VOLUNTARY SUPP LIFE INSURANCE 925.40 925.40 COMPANY PAYMENT 173808 11/05/2015 018419 STEPHENS, TOMMIE refund:sec dep:rm rental:harveston 200.00 200.00 173809 11/05/2015 016262 STEVE ADAMIAK GOLF TCSD Instructor Earnings 224.00 INSTRUCTION TCSD Instructor Earnings 420.00 TCSD Instructor Earnings 525.00 TCSD Instructor Earnings 224.00 1,393.00 173810 11/05/2015 014420 STEVE SPANGLER, INC. Misc supplies:pennypickle's pgrms 29.98 29.98 173811 11/05/2015 003840 STRONGS PAINTING facility rehab:senior ctr 8,000.00 8,000.00 173812 11/05/2015 013387 SWEEPING UNLIMITED INC Oct sweeping svcs:parking structure 500.00 500.00 173813 11/05/2015 010924 T & D COMMUNICATIONS, INC. general cabling services:C. Museum 820.00 820.00 173814 11/05/2015 001547 TEAMSTERS LOCAL 911 UNION DUES PAYMENT 5,025.00 5,025.00 173815 11/05/2015 009470 TEMECULA LIONS CLUB '15 Halloween Carnival n/p booth 100.00 100.00 173816 11/05/2015 004260 TEMECULA STAMP & Invoice stamps:Finance 241.70 241.70 GRAPHICS 173817 11/05/2015 000311 TEMECULA VALLEY HIGH '15 Halloween Carnival n/p booth 100.00 100.00 SCHOOL 173818 11/05/2015 009194 TEMECULA VALLEY NEWS Oct advertising: Temecula Presents 515.52 Advertising:2015 FIT 5k Run Pgrm 558.44 1,073.96 173819 11/05/2015 017534 TEMECULA VALLEY refund:sec dep:rm rental:MPSC 200.00 200.00 PROSPECTORS Page6 apChkLst 11/05/2015 9:18:50AM Final Check List CITY OF TEMECULA Page: 9 Bank : union UNION BANK Check # Date Vendor 173820 11/05/2015 004274 TEMECULA VALLEY SECURITY CENTR 173821 11/05/2015 003941 TEMECULA WINNELSON COMPANY 173822 11/05/2015 003862 THYSSENKRUPP ELEVATOR.BRNCH 37 173823 11/05/2015 010276 TIME WARNER CABLE 173824 11/05/2015 000668 TIMMY D PRODUCTIONS INC 173825 11/05/2015 002452 TOP LINE INDUSTRIAL 173826 11/05/2015 010558 TRADE IN.COM INC 173828 11/05/2015 017430 TRANSAMERICA LIFE INSURANCE CO 173829 11/05/2015 014866 TWM ROOFING, INC 173830 11/05/2015 002702 U S POSTAL SERVICE 173831 11/05/2015 000325 UNITED WAY 173832 11/05/2015 014848 VALUTEC CARD SOLUTIONS, LLC 173833 11/05/2015 004261 VERIZON 173834 11/05/2015 004789 VERIZON 173835 11/05/2015 014486 VERIZON WIRELESS 173836 11/05/2015 006248 WALKER, JESSICA 173837 11/05/2015 016864 WOOD, RANDY (Continued) Description locksmith srvcs: rrsp locksmith srvcs: tes pool misc plumbing supplies:civic center misc plumbing supplies:various parks credit:billing adj/city facs Oct -Dec elevator maint svcs:city facs Nov high speed internet:Police Nov high speed internet:41000 Main St Sound & lighting:Valley Winds 10/25 Sound & lighting:youth symphony 10/24 parts for pressure washer:pw street Deposit:MPSC renovation furniture TRANSAMERICA ACCIDENT A DVA NTAG PAYMENT roof prey maint srvcs: var facilities Apr '15 postage meter deposit EMPLOYEE CHARITY DONATIONS PAYMENT Sept ticketing services: Theater Oct xxx-0074 general usage Oct Internet svcs:Library 9/16-10/15 broadband svcs:citywide TCSD Instructor Earnings uniform reimbursement Amount Paid Check Total 20.00 25.92 23.87 509.51 -163.92 5,212.92 1.58 4,352.56 1,200.00 750.00 45.18 1,577.88 2,891.58 13, 580.00 4,812.03 5.00 39.00 4,377.43 184.99 1,967.09 285.60 45.92 533.38 5,049.00 4,354.14 1,950.00 45.18 1,577.88 2,891.58 13, 580.00 4,812.03 5.00 39.00 4,377.43 184.99 1,967.09 285.60 91.69 91.69 Page9 apChkLst Final Check List Page: 10 11/05/2015 9:18:50AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 1000772 11/02/2015 018409 BURSCH, JENNIFER 1000773 11/02/2015 018410 CIACIURA, MARTYNA 1000774 11/02/2015 018411 KIM, SHARON 1000775 11/02/2015 018412 KRATZER, CARYN 1000776 11/02/2015 018413 MARNELL, STACY 1000777 11/02/2015 018414 NEELY, NICOLE 1000778 11/02/2015 018415 PADILLA, JOCELYN 1000779 11/02/2015 018415 PADILLA, JOCELYN 1000780 11/02/2015 018416 SALAZAR, CYNTHIA Description Amount Paid Check Total refund:Music for toddlers 2900.206 48.00 48.00 refund:Microsoft Excel Level II 60.00 60.00 refund:ACT practice test 9030.201 16.00 16.00 refund:sec dep:rm rental:harveston 150.00 150.00 refund:Wonders! Speed math 1800.202 52.00 52.00 refund:Teen radio Temecula 2035.203 155.00 155.00 refund:Bear cub univ 4005.202 180.00 180.00 refund:Bear cub univ 4005.201 150.00 150.00 refund:Bear cub univ 4005.202 144.00 144.00 Grand total for UNION BANK: 778,309.38 Pagel 0 apChkLst Final Check List 11/05/2015 9:18:50AM CITY OF TEMECULA Page: 11 134 checks in this report. Grand Total All Checks: 778,309.38 Page:11 Item No. 4 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: November 17, 2015 SUBJECT: Approve a Deposit/Reimbursement Agreement for the Proposed Community Facility District No. 16-01 Roripaugh Ranch PREPARED BY: Jennifer Hennessy, Finance Director RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEPOSIT/REIMBURSEMENT AGREEMENT BACKGROUND: In 2006, the Temecula Public Financing Authority (Authority) issued bonds to finance public improvements for the benefit of Community Facility District No. 03-02 Roripaugh Ranch (CFD). Since that time, a portion of the CFD has been developed (the area known as the "pan handle") and the larger portion of the CFD (known as the "pan") remains undeveloped. Staff, in conjunction with the CFD financing team, is currently evaluating the feasibility of refinancing the 2006 Bonds and forming a new CFD No. 16-01 to update the rate and method of apportionment related to the undeveloped properties and raise additional capital needed to complete major infrastructure in order to spur further development in this area. City Staff has engaged the services of Quint & Thimmig, LLP to draft a Deposit/Reimbursement Agreement (attached as Exhibit A) related to the proposed Temecula Public Financing Authority Community Facilities District No. 16-01 Roripaugh Ranch. The parties to the Deposit/Reimbursement Agreement include the City of Temecula, the Temecula Public Financing Authority, Roripaugh Valley Restoration, LLC (RVR) and Wingsweep Corporation. The purpose of the Deposit/Reimbursement Agreement is to provide the necessary funding to initiate the formation of the proposed CFD. Eligible uses of the deposited funds include: Fees and expenses of consultants employed in connection with an amendment to the rate and method of apportionment of special taxes for CFD 03-02 and the formation of CFD 16-01 • • Costs of a market absorption study and a property appraisal Costs of publication of notices, preparation and mailing of ballots and other costs associated with an election Reasonable charge for City Staff time to analyze CFD 16-01 Any and all actual costs incurred by the City or the Authority with respect to the formation of CFD 16-01 or the issuance of new bonds after the date of execution of the agreement If the formation of CFD 16-01 is successful and new bonds are issued, the Authority shall provide for the reimbursement of the amounts deposited to RVR and Wingsweep Corporation. If the formation of the CFD is not successful, any unexpended deposits will be returned to RVR and Wingsweep Corporation. FISCAL IMPACT: The City has received $45,000 from RVR and $5,000 from Wingsweep. These funds will be expended in accordance with the Deposit/Reimbursement Agreement. There is no Fiscal Impact to the City. ATTACHMENTS: 1. Resolution 2. Exhibit A — Deposit/Reimbursement Agreement RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEPOSIT/REIMBURSEMENT AGREEMENT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Roripaugh Valley Restoration, LLC and Wingsweep Corporation (collectively, the "Landowners") have submitted to the Finance Director of the City of Temecula (the "City") checks in the total amount of $50,000 (the "Deposit"), to be used by the City to pay costs of the City and the Temecula Public Financing Authority (the "Authority") in connection with proceedings under Section 53311 et seq. of the California Government Code (the "Act") to create a community facilities district to be designated "Temecula Public Financing Authority Community Facilities District No. 16-01" (the "CFD"). Section 2. There has also been submitted a Deposit/Reimbursement Agreement (the "Agreement"), to be entered into by the Landowners, the City and the Authority (for itself and on behalf of the CFD), and the City now desires to enter into the Agreement with the Authority and the Landowners in order to assist with the formation of the CFD and the possible issuance of Bonds by the Authority for the CFD. Section 3. The City Council hereby approves and authorizes the City Manager to execute and deliver the Agreement, in the form on file with the City Clerk and to take all actions on his part necessary to implement the Agreement. The Director of Finance is hereby authorized and directed to accept the Deposit and to use the Deposit (and any subsequent Deposits, as defined in the Agreement) in the manner contemplated by the Agreement. Section 4. 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 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 this 17th day of November, 2015. Jeff Comerchero, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 15- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 17th day of November, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT A Quint & Thimmig LLP 9/29/15 DEPOSIT/REIMBURSEMENT AGREEMENT Proposed Temecula Public Financing Authority Community Facilities District No. 16-01 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 proposed Temecula Public Financing Authority Community Facilities District No. 16-01 (the "CFD"), and Roripaugh Valley Restoration, LLC, a Delaware limited liability company ("RVR") and Wingsweep Corporation ("Wingsweep"). RECITALS: WHEREAS, RVR and Wingsweep (collectively, the "Landowners") own land located within the current boundaries of the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) ("CFD 03-02"); and WHEREAS, the Authority has heretofore issued, for and on behalf of CFD 03-02, its Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) 2006 Special Tax Bonds (the "2006 Bonds"), the net proceeds of which have been and are being used to finance public improvements authorized to be funded by CFD 03-02; and WHEREAS, the Authority has advised the Landowners that it is considering the formation of a new community facilities district ("CFD 16-01") to include the land currently owned by the Landowners in CFD 03-02 (the "Property") and the issuance of bonds for CFD 16-01 (the "New Bonds") under Sections 53311 et seq. of the California Government Code (the "Act"), in order to provide funds (a) to prepay the special taxes levied by CFD 03-02 on the Property and thereby refund the portion of the outstanding 2006 Bonds allocable to the Property, and (b) to finance public infrastructure improvements necessitated by development of the Property; and WHEREAS, the Authority has advised the Landowners that, in addition to the prospective formation of CFD 16-01 and the issuance of the New Bonds, it is considering the issuance of refunding bonds under the Act for CFD 03-02 (the "Refunding Bonds") in order to refund the portion of the outstanding 2006 Bonds that are not allocable to the Property; and WHEREAS, the Landowners are willing to deposit funds with the Authority to ensure payment of the costs of the Authority and the City in forming CFD 16-01 and otherwise in connection with the issuance of the New Bonds, provided that such funds so advanced are reimbursed to the respective Landowner that advanced the same from the proceeds of the New Bonds issued by the Authority for CFD 16-01 to the extent provided herein; and WHEREAS, the Authority, the City and the Landowners now desire to specify the terms of said deposit and reimbursement. 20009.13:J13515 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. Subject to the provisions of Section 6 hereof, the Landowners hereby agree to provide to the City, in the form of one or more checks made payable to the "City of Temecula, California" $50,000 (the "Deposit"), to be used by the City to pay the costs in conducting proceedings for the formation of CFD 16-01 and the issuance of the New Bonds for CFD 16-01 (as more fully described in Section 2(a) below, the "Initial Costs"), said check or checks to be delivered by the Landowners to the Finance Director of the City. The City, by its execution hereof, acknowledges receipt by the City of the Deposit. The check or checks 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 Landowners hereby agree 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 stating that the then unspent and uncommitted balance of the Deposit is less than $5,000 (the "Additional Deposits" and, collectively with the Deposit, the "Deposits"), subject to the provisions of Section 6 hereof. In the event that the Landowners shall fail to remit the full amount of any such demand for additional amounts to the Finance Director of the City within ten (10) days of such a written demand, the City Manager may, in his sole and absolute discretion, direct City and Authority staff and consultants to cease all work related to the formation of CFD 16-01 and the issuance of the New Bonds until the full amount of any additional amounts so demanded has 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 an amendment to the rate and method of apportionment of special taxes for CFD 03-02 to allow the Landowners to use proceeds of the New Bonds to prepay special taxes levied for CFD 03-02 on the Property, the formation of CFD 16-01, the issuance of the New Bonds and the proposed expenditure of the proceeds of the New Bonds to finance public infrastructure improvements (such as legal counsel, including the City Attorney and Bond Counsel, and municipal advisor and special tax consultants); (ii) the costs of any market absorption study, an appraisal and other reports necessary or deemed advisable by City staff or consultants in connection with the New Bonds; (iii) costs of publication of notices, preparation and mailing of ballots and other costs related to any election with respect to the formation of CFD 16-01, the rate and method of apportionment of the special taxes to be levied therein and any bonded indebtedness thereof; (iv) a reasonable charge for City staff time, as determined by the City Manager in his sole discretion, in analyzing CFD 16-01, the New Bonds and the expenditure of the proceeds thereof, including a reasonable allocation of City overhead expense related thereto; and (v) any and all other actual costs and expenses incurred by the City or the Authority with respect to the formation of CFD 16-01 or the issuance of the New Bonds after the date of execution of this Agreement. Costs of the City or the Authority related to the -2- issuance of the Refunding Bonds are not Initial Costs, will not be charged to the Deposits, and will be paid with proceeds of the Refunding Bonds or other available funds of CFD 03-02. (b) If CFD 16-01 is successfully formed and the New Bonds are issued under the Act by the Authority secured by special taxes levied upon the Property, the Authority shall provide for reimbursement to the Landowners, without interest, of all amounts charged against the Deposits, said reimbursement to be made to the Landowners in the respective amounts advanced by them solely from the proceeds of the New 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 New Bonds, the Finance Director of the City shall return the then unexpended Deposits to the Landowners in the respective amounts advanced by them, 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 CFD 16-01 is not successfully formed and the New Bonds are not issued, the Finance Director of the City shall, within ten (10) business days after adoption of a resolution stating the intent of the Authority to terminate proceedings under the Act with respect to the formation of CFD 16-01 and/or the issuance of the New Bonds, return the then unexpended Deposits to the Landowners in the respective amounts advanced by them, 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 Landowner Costs. Nothing contained herein shall prohibit reimbursement of other costs and expenses of the Landowners incurred in connection with the formation of CFD 16-01 and the issuance of the New Bonds, from the proceeds of the New Bonds, including, but not limited to fees and expenses of their respective legal counsel and any special tax or other consultant expenses incurred by them. Any such reimbursement shall be made solely from the proceeds of the 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 New 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 8 below. Neither the City nor the Authority shall be obligated to advance any of their own funds with respect to the formation of CFD 16-01, or the issuance of the New Bonds or the expenditures of the proceeds thereof, 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 Form CFD 16-01 or to Issue New Bonds. The provisions of this Agreement shall in no way obligate the City or the Authority to form CFD 16-01, to issue the New Bonds, or to expend any of their own funds in connection with the formation of CFD 16-01, or the issuance or expenditure of the proceeds of the New Bonds. Section 6. Allocation of Responsibilities Between Landowners. The Authority and the City acknowledge that the Landowners have agreed between themselves that all monetary -3- obligations of the Landowners under this Agreement are to be allocated ninety percent (90%) to RVR and ten percent (10%) to Wingsweep. While it is the expectation that the Landowners will provide for the Deposit and any Additional Deposits in such percentages, the Authority and the City will accept the Deposit and the Additional Deposits from both or either of them, and any reimbursement from proceeds of the New Bonds of Deposits pursuant to Section 2(b) or release of any unused Deposits pursuant to Section 2(c) will be made to the Landowners in the respective percentages of the Deposits so advanced respectively by them. In the absence of written notice from the Landowners otherwise, the return of any Deposits pursuant to Section 2(b) or (c), or the reimbursement of Deposits pursuant to Section 2(a), will be made 90% to RVR and 10% to Wingsweep. Section 7. 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 8. Accounting. The City Finance Director shall provide the Landowners with a written accounting of proceeds of the Deposits expended pursuant to this Agreement, within ten (10) business days of receipt by the Finance Director of the City of a written request therefore submitted by an authorized officer of one of the Landowners. 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 9. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Section 10. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. -4- IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year written alongside their signature line below. LANDOWNERS: Executed on: RORIPAUGH VALLEY RESTORATION, LLC, October , 2015 a Delaware limited liability company Executed on: October , 2015 Executed on: October _, 2015 By. R. Patterson Jackson, Chief Executive Manager WINGSWEEP CORPORATION By: Corry Hong, President and CEO CITY: CITY OF TEMECULA By: Aaron Adams, City Manager Executed on: AUTHORITY: October _, 2015 TEMECULA PUBLIC FINANCING AUTHORITY, for itself and on behalf of the proposed Temecula Public Financing Authority Community Facilities District 16-01 By: Aaron Adams, Executive Director 20009.13:J13515 [Signature page to Deposit/Reimbursement Agreement for Community Facilities District 16-01] -5- Item No. 5 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager DATE: November 17, 2015 SUBJECT: Approve an Intergovernmental Agreement Between the City of Temecula and the Pechanga Band of Luiseno Indians (At the Request of Mayor Comerchero and Mayor Pro -Tem Naggar as the City Council Pechanga Tribal Representatives) RECOMMENDATION: That the City Council approve an Intergovernmental Agreement between the City of Temecula and the Pechanga Band of Luiseno Indians as mitigation for the impacts of the Pechanga Resort and Hotel Expansion Project as detailed in the Draft Tribal Environmental Impact Report — August 2015. BACKGROUND: Pursuant to the provisions of the 2006 Amendment to the Tribal - State Compact between the State of California and the Pechanga Band of Luiseno Indians (the Tribe) on November 10, 2014 the Pechanga issued a Notice of Preparation of a Tribal Environmental Impact Report (TEIR) that would assess the potential off -Reservation environmental impacts of the Proposed Pechanga Resort Hotel Expansion project (the Project). On August 7, 2015 the Tribe released the draft TEIR which analyzed the potential impacts from the Project. Areas of potential concern that were identified and studied include: Aesthetics, Air Quality, Land Use, Noise, Population & Housing, Public Safety/Public Safety Services, Public Utilities, Recreation, Traffic and Water Resources. Per the above referenced compact the issuance of the draft TEIR started a period of 45 -days during which the Tribe may receive comments on the draft TEIR. The City reviewed the draft TEIR and provided written comments to the Tribe regarding the identified impacts to the City, proposed mitigation measures, as well as other areas of concern not clearly identified in the draft TEIR. Specifically the City requested clarification on the size and scope of the outdoor event stage and lawn area, requested that the Tribe limit the hours of operation on the portion of the project nearest to adjacent residential homes to minimize noise impacts, and requested that the Tribe consider limiting the time a piece of equipment or vehicle would be allowed to idle to 5 -minutes to provide consistency with air quality mitigation measures. The City also requested that consideration be given to off reservation Public Safety impacts; advising that it would be reasonable to conclude that the increase in the number of trips associated with the resort expansion would result in a corresponding increase in the need for public safety services in the area of the resort. Finally, the City agreed that the Traffic Impact Analysis (TIA) included in the draft TEIR accurately identified the impacts of the increase in trips generated by the Project and that the proposed mitigation measures, namely financial contributions toward the I-15/Temecula Parkway Interchange project; improving Pechanga Parkway in the vicinity of the Wolf Valley Road/Via Eduardo Intersection; fair share contributions toward future improvements of Temecula Parkway near La Paz Road, and the intersection of Temecula Parkway & Margarita would adequately address the Project impacts. Pursuant to section 10.8.8 of the above referenced compact, the mechanism to address the identified impacts is an Intergovernmental Agreement (IGA) between the City and the Pechanga Tribe. The City and Pechanga have negotiated the attached IGA which includes terms that will mitigate the impacts of the proposed hotel and resort expansion. The IGA will require the Pechanga Tribe to pay the cost of the roadway improvements mitigation measures shown in the table below: Roadway Mitigation Measure Costs to be Paid by Tribe 3.10-1 I-15/SR-79 Southbound Off -ramp [Interchange Improvements] $14,454,823 has been paid by Tribe over the last five years 3.10-2 SR-79[Temecula Parkway]/La Paz fair share contribution toward the future improvement of Temecula Parkway between Bedford Court and Pechanga Parkway $125,000 3.10-3 SR-79[Temecula Parkway]/Margarita fair share contribution toward the future addition of WB right turn lane $25,000 3.10-4 Pechanga Parkway/Wolf Valley Road — Fund improvements to widen Pechanga Parkway to 3 -lanes in each direction from Via Gilberto to the North Casino Drive entrance $5,000,000* *estimated cost, the Tribe to cover all costs associated with this mitigation measure The IGA will also require the Tribe to pay to the City annual payments of $289,000 subject to annual adjustment, to offset off -reservation impacts to public safety. Although the impacts on public safety are mitigated by the IGA, it also provides that the City and the Tribe will continue to meet and confer in order to develop further public safety resources and maintain appropriate levels of police services. FISCAL IMPACT: Approval of the Intergovernmental Agreement will provide one time revenue of $5.0M to complete the construction of the Pechanga Parkway widening, contributions of $150,000 to be used toward the future improvement of Temecula Parkway at the locations noted in the table above, and acknowledge the $14,454,823 prior contributions of the Tribe to the I-15/Temecula Parkway Interchange. The Intergovernmental Agreement will also provide for ongoing revenue of at minimum $289,000 for the next 15 -years or until the expiration of the Compact between the State of California and the Tribe for the gaming facility, hotel and resort and any amendment to it that authorizes the casino and resort. ATTACHMENTS: 1. Notice of Preparation 2. September 21, 2015 Draft TEIR Comment Letter 3. Intergovernmental Agreement Notice of Preparation Tribal Environmental Impact Report Date: November 10, 2014 To: State Clearinghouse, City of Temecula, County of Riverside, Interested Parties The Pechanga Band of Luisefio Indians (Tribe) is the Lead Agency for the preparation of a Tribal Environmental Impact Report (TEIR) to assess the potential off -Reservation environmental impacts of the proposed Pechanga Resort Hotel Expansion Project. The Project is located adjacent to the existing Pechanga Resort and Casino on the Tribe's Reservation in Riverside County, California. The TEIR is being developed in accordance with the requirements of the Tribal -State Gaming Compact (Compact) between the Tribe and the State. The Project involves the development of new resort facilities, including a new hotel wing, events center, detached spa, resort pool and stage area, and event lawns. All proposed development is located on the Tribe's Reservation within a previously disturbed 42 -acre Project site. The new hotel wing includes two connected towers (one 9 -story tower and one 14 -story tower) with approximately 550 hotel rooms, meeting rooms and restaurant space that would be connected to the existing Pechanga Resort and Casino. The events center would have a ballroom with a capacity of 3,000 seats, adjoining indoor and outdoor space, as well as a green roof. Total indoor building floor area for all new uses, including below grade area, is approximately 800,000 square feet. The Project includes 25,000 square feet of tenant improvements to existing building facilities and reconfiguration of internal access roads, parking and site utilities. The Tribe is also considering the development of a wastewater treatment plant with tertiary treatment and reuse of recycled water on site. While the Project would support the Tribe's existing gaming facility, the Project does not propose additional gaming uses. Further information regarding the project description and location is included within the attached materials. The Tribe is hereby requesting comments regarding the scope and content of the TEIR, including probable off -Reservation environmental effects and reasonable mitigation measures to address off -Reservation environmental effects. The attached information includes a description of the environmental effects which are proposed to be discussed in detail in the TEIR. The Tribe requests your comments be sent at the earliest possible date, and postmarked no later than December 9, 2014. Pursuant to Section 10.8.2 of the Compact, Interested Persons shall be provided the opportunity to comment within 30 days of the date of receipt of the Notice of Preparation by the State Clearinghouse and the County. Please send your comments to: Jennifer Wade Environmental Science Associates 2600 Capitol Ave, Suite 200 Sacramento, CA 95816 jwade@esassoc.com The NOP and future documents will be available on the Tribe's website: (www.pechanga- nsn.gov). Pechanga Band of Luiseno Indians Pechanga Resort Hotel Expansion Project November 2014 Notice of Preparation Project Title Pechanga Resort Hotel Expansion Project Lead Agency Pechanga Band of Luise no Indians Contact Person for the Environmental Document (TEIR) Jennifer Wade, Environmental Science Associates (916) 564-4500 Project Location The Project is located near the City of Temecula, adjacent to the existing Pechanga Resort and Casino on the Tribe's Reservation in Riverside County (Figure 1). All proposed development is located within a 42 -acre Project site which has been previously disturbed (Figure 2). Regional access to the Project site is provided by Interstate 15. Local access is provided by Temecula Parkway and Pechanga Parkway. Project Description The Project involves the expansion of the Tribe's existing resort hotel including the following components: • Hotel — new hotel wing with two connected towers (one 9 -story tower and one 14 -story tower) with approximately 550 hotel rooms, meeting rooms and restaurant space • Events Center — 40,000 square foot ballroom with a capacity of up to 3,000 seats, 27,000 square foot indoor pre -function area, 19,000 square foot outdoor plaza, and a 40,000 square foot green roof space • Detached Spa — 23,000 square foot detached spa and fitness center • Resort Pool and Stage - 12,750 square foot resort pool area with performance stage • Event Lawns_— 25,000 square feet of event lawns with capacity of up to 2,700 seats • Wastewater Treatment Plant — Tertiary treatment with use of recycled water on site • On-site warehouse storage Total indoor building floor area for all new uses, including below grade area, is approximately 800,000 square feet. The Project also includes 25,000 square feet of tenant improvements to existing building facilities and reconfiguration of internal access roads, parking and site utilities. These numbers are preliminary and subject to refinement prior to release of the Draft TEIR. Potential Off -Reservation Environmental Effects The TEIR will discuss the potentially significant off -Reservation impacts, including cumulative impacts, associated with the Project for the following resources areas: aesthetics, air quality, biological resources, geology and soils, hazards and hazardous materials, land use, noise, public services, transportation and traffic, utilities and service systems, and water resources. Pechanga Band of Luiseno Indians 2 November 2014 Pechanga Resort Hotel Expansion Project Notice of Preparation Aesthetics. The TEIR will evaluate potential effects to scenic resources and the potential for the Project to create new sources of light or glare. Air Quality. The TEIR will evaluate short-term air quality impacts from construction, and long-term air quality impacts from operations, including increased vehicular traffic associated with the Project. Biological Resources. While the Project will be constructed primarily in areas that are already paved or developed, the TEIR will evaluate the potential for off -Reservation impacts such as downstream water quality degradation and indirect effects from lighting. Geology and Soils. The TEIR will discuss the potential for off -Reservation impacts related to seismic events and soil erosion. Compliance with building standards and the National Pollutant Discharge Elimination System General Permit standards is anticipated to reduce any potential impacts. Hazards and Hazardous Materials. The TEIR will evaluate potential off -Reservation impacts associated with hazards and hazardous materials resulting from the Project. Land Use. The TEIR will include an analysis of the Project's potential to conflict with off -Reservation land use plans and policies adopted for the purpose of avoiding or mitigating environmental effects. Noise. The TEIR will evaluate noise associated with construction and operation of the Project, including increased traffic noise. Public Services. The TEIR will discuss potential impacts to public service providers, including law enforcement, fire protection, and solid waste services. The Project is not anticipated to create additional demands on schools or parks. Transportation and Traffic. The TEIR will evaluate the Project's impact on off - Reservation roadways and will discuss potential mitigation measures for significant impacts. Utilities and Service Systems. The TEIR will evaluate the potential for the Project to impact off -Reservation stormwater and sewer utility systems. The Project is not anticipated to impact off -Reservation water service providers as water would continue to be provided by the Reservation's water system. Water Resources. The TEIR will evaluate the potential for the Project to impact off - Reservation water quality, drainage patterns, or stormwater drainage. Compliance with the National Pollutant Discharge Elimination System General Permit standards is anticipated to reduce potential impacts related to water quality. For the following resources areas, potentially significant off -Reservation impacts are not anticipated: agricultural resources, mineral resources, population and housing, and recreation. It is Pechanga Band of Luiseflo Indians 3 November 2014 Pechanga Resort Hotel Expansion Project Notice of Preparation likely that these resource areas will be briefly discussed in the TEIR and dismissed from further analysis. Agricultural Resources. The Project is not anticipated to result in conversion of off - Reservation farmland to non-agricultural use. Cultural Resources. Project ground disturbance would be limited to the Reservation and thus no impacts to off -Reservation cultural or paleontological resources would occur. Mineral Resources. The Project is not anticipated to result in the loss of availability of important off -Reservation mineral resources. Population and Housing. The Project is not anticipated to induce substantial off - Reservation population growth. The Project would not displace existing housing. Recreation. The Project is not anticipated to increase the use of existing off -Reservation recreational facilities such that substantial physical deterioration would occur or be accelerated. Pechanga Band of Luiseno Indians 4 November 2014 Pechanga Resort Hotel Expansion Project MURRIETA RIVERSIDE COUNTY TEMECULA PECHANGA RESORT AND CASINO RIVERS DE COUNTY SAN DIE + "'ET-Di—At-TY- 2 OU TY - L 2 Miles j SOURCE: DeLorme Street Atlas USA, 2000; ESA, 2014 Pechanga Resort Hotel Expansion . 120594 Figure 1 Regional Location Map • ltinti,lhiti}iri911Il1FHfHHIA ' omuumuuv , pl' soma '1 I. t,WIIll/, `"' ilii '� r��!l1�1,y„Yrr Id : �„�,� �ntt;'irtlR7iAlfl��� linjiiil� !;l'""" h1i ft[tlp' rll W jG11G n Alllif r.^ ?nji111iyym •• Tiii; ��, ll1 --rnatz ;Tat 5,11 X' PECHANGA CREEK a - n - Project Site - New Building 0 240 ® Existing Building J J Feet Drive Aisle SOURCE: Delawie, 2014 n c — - Pechanga Resort Hotel Expansion . 120594 Figure 2 Project Site Plan 1 Is= ill 11 Ill . XNIlem ■ NI PI Ni PI 7:7". SOURCE: Delawie, 2014 Pechanga Resort Hotel Expansion . 120594 Figure 3 Architectural Rendering September 21, 2015 City of Temecula City Council/City Manager 41000 Main Street • Temecula, CA 92590 Phone (951) 506-5100 • Fax (951) 694-6499 • www.cityoftemecula.org The Honorable Mark Macarro Tribal Chairman Pechanga Band of Luiseiio Indians 12705 Pechanga Road Temecula, CA 92593 SUBJECT: Pechanga Resort and Hotel Expansion Project — Draft Tribal Environmental Impact Report Dear Chairman Macarro: The City of Temecula (City) is pleased to have the opportunity to review the draft Tribal Environmental Impact Report (TEIR) for the Pechanga Resort and Hotel Expansion Project. The City recognizes and appreciates that this effort fosters continued government to government cooperation and the strengthening of a valued relationship. Following review of the TEIR, the City compiled a list of comments. We look forward to working with you and your team in discussing these matters: General Comments: 1. Table 2-1: Please verify the square foot values in this table as they do not appear to correlate with the project description. It is our understanding that the size and use of the proposed outdoor event stage and lawn area may have changed. If that is the case, please update the project description to reflect any modifications. 2. Page 3.8-10. Please have the consultant consider adding to Mitigation Measure 3.8-1, limiting the hours of construction of the warehouse storage facility to between 7:00 a.m. and 7:00 p.m., Monday through Saturday, as this part of the Project is in close proximity to neighboring residents. 3. Page 3.8-10. Please have the consultant consider amending Mitigation Measure 3.8-2 by limiting the idling of equipment and vehicles, which are not in use, to a maximum of five minutes when feasible. Doing so would make this mitigation measure consistent with Mitigation Measure 3.3.2. Printed on Recycled Paper The Honorable Mark Maccaro September 21, 2015 Page 2 Public Safety Comments: In reviewing the TEIR, there are several aspects of the proposed expansion project that will result in an increased number of trips, thus people, visiting the resort. To the extent that this increase in population at the Pechanga Resort enters the City, we believe it is reasonable to conclude that the Temecula Police Department (TPD) and Temecula Fire Department (TFD) will experience an increase in off resort associated calls for service and request that your consultant review these impacts. Specifically, the following aspects of the 54 acre resort expansion seem to suggest an increased number of people will be drawn to the resort: • 568 new hotel rooms • 1,628 added parking spaces • A new 3,000 seat ballroom • A new 2,400 seat outdoor event area hosting 12-15 shows a year • A new 25,500 square foot Spa, Salon and Fitness Center • An additional 560 permanent employees The TEIR addresses the project's impact to public safety in section 3.9 Public Services (pages 3.9-1 and 3.9-5). However, this section of the TEIR is focused on the public safety impacts on the resort property serviced by the Riverside County Sheriff's Department (RCSD) and the Pechanga Fire Department (PFD). It does not identify/address any potential public safety impacts in the City. However, it is safe to conclude there will be more people drawn to the expanded Pechanga Resort and Casino thus resulting in an increase in the number of people entering the City. It is reasonable to conclude that persons traveling through the City on their way to/from the resort may necessitate additional TPD traffic enforcement resources. Based on the high volume of traffic already in the vicinity of the resort, TPD traffic officers routinely conduct proactive traffic enforcement as a means to prevent traffic collisions. Within the City, TPD and TFD has the responsibility to respond to traffic collisions in the vicinity of the resort when they occur. It is reasonable to conclude that additional visitors (trips) drawn to the resort due to the expansion will result in an associated increase in the need for TPD and TFD to respond to additional collisions in the area. In addition to responding, TPD also performs investigations related to collisions, the number of investigations would also be impacted. To mitigate this potential impact to City law enforcement resources, we believe It would be fair to estimate the increase of visitors (population) at the expanded resort that will likely be entering the City and then calculate any additional needed TPD officers based on the City's desired staffing level of 1.0 officer per 1,000 population. Based on the information in the TEIR, here are some factors to consider: The Honorable Mark Maccaro September 21, 2015 Page 3 • With 568 additional hotel rooms, and 1,628 additional parking spaces, it would seem reasonable to calculate the associated daily increase to the number of people (population) at the resort and then project the potential influx of these people into the City. • The TEIR indicates the new 2,400 person outdoor event area would hold 12 to 15 shows each year (page 2-5). At 2,400 seats per show these concerts would add 28,800 to 36,000 people per year. It is anticipated that these special events would cause an additional strain on TPD resources based on the need to conduct the traffic enforcement as described above. To mitigate this potential impact to City fire department resources, we believe it would be reasonable to conclude that the relative increase in trips generated by the resort expansion would result in a corresponding relative increase in the number of traffic related calls for service. Traffic Comments: The City is in agreement with the proposed Transportation and Traffic mitigation measures outlined in section 5.10 of TEIR. • Acknowledge prior contributions toward SR -79/I-15 Interchange • Fair share contribution to planned widening of Tem Pkwy at La Paz • Fair share contribution to WB right turn lane at Margarita Rd/Tem Pkwy • Widening of Pechanga Parkway from south of Via Gilberto to the North Casino Driveway We have several minor comments on the traffic impact analysis (TIA) that concern items such as street names, speed limits, and intersection lane configurations. Our specific comments related to TIA, that may benefit your consultant are provided in Attachment A to this letter. We believe that the comments will help make the TIA reflect the most current information and provide consistency but will not affect the outcome of the analysis. It is our understanding that the mechanism to address the identified mitigation measures is an Intergovernmental Agreement (IGA), pursuant to section 10.8.8 of the Amendment to the Tribal - State Compact between the State of California and the Pechanga Band of Luiseno Indians. Based upon our productive discussions thus far in the process, we feel we can arrive at an IGA that is fair and equitable to both governments. Thank you again for the opportunity to respond to this project. If you have any questions, please contact me at (951) 694-6415 or by e-mail at aaron.adams@cityoftemecula.org. Sincerely, Aaron Adams City Manager The Honorable Mark Maccaro September 21, 2015 Page 4 Attachments: A — Traffic Impact Analysis Comments cc: Jacob Mejia Director of Public Affairs Pechanga Development Corp. 45000 Pechanga Pkwy. Temecula, CA 92592 Steve Bodmer General Counsel Pechanga Band of Luiseiio Indians 12705 Pechanga Rd. Temecula, CA 92593 Jennifer Wade Environmental Science Associates 2600 Capital Ave., Suite 200 Sacramento, CA 95816 Greg Butler, Assistant City Manager Tom Garcia, Director of Public Works Luke Watson, Interim Director of Community Development Peter Thorson, City Attorney ATTACMENT "A" PECHANGA RESORT HOTEL EXPANSION TEIR COMMENTS Item # Chapter Section Sub -Section Page/Paragraph 2 3. Comment TRIBAL ENVIRONMENTAL IMPACT REPORT COMMENTS ure 3.10-1 Revise .er the comments identified in the Traffic Im 3.0 3.10 - Fi 3.0 3.10 - Fi ure 3.10-2 Revise 3.0 3.10 - Fi ure 3.10-3 Revise .er the comments identified in the Traffic Im 3.0 3.10 - Table 3.10-2 Verify delay and LOS shown per comments identified in the Traffic Im act Anal sis 3.0 3.10 Table 3.10-4 Revise per the comments identified in the Traffic Impact Analysis. 3.0 3.10 3.10.2 Page 3.10-13 — Paragraphs Revise paragraph based on completion of 1-15 at Temecula 3 and 4 Parkway ramp improvements prior to 2019 er the comments identified in the Traffic Im act Anal Anal Anal sis. 3.0 3.2 TRAFFIC IMPACT ANALYSIS COMMENTS Page 7 — Street Network • Clarify Southern City Expressway is this Eastern Bypass extension • Loma Linda Road speed limit is 25 MPH • Under Wolf Valley Road after Circulation Element add "between Pechanga Parkway and Wallaby Way and a Secondary Arterial between Wallaby Way and Redhawk Parkway" • Second Sentence of Wolf Valley Road after roadway add "to Wallaby Way and four lane undivided to Redhawk Parkway" • Fourth sentence of Wolf Valley Road after Parkway add "Wolf Creek Drive and Redhawk Parkway". • Second sentence of Via Eduardo after roadway add "which functions as a residential collector • Add to Via Eduardo "Curbside parking is allowed on both sides of the street" 3.0 3.3 Figure 3-1 Please revise the following and all subsequent Figures (global). • Intersection 6, 3 NB left -turn lanes and one right -turn lane • Intersection 6, eastbound U-turn lane not left -turn • Intersection 9, two left -turn lanes and separate right -turn lane • Add "2U" to Rainbow Canyon Road • Add "4D" Wolf Valley Road east of Pechanga Parkway • Change Wolf Valley Road to 4U east Wolf Creek Drive • Add "4D" to Margarita Road • Change Redhawk Parkway to 4D • Change Deer Hollow Way to 4U 9. 3.0 3.3 Figure 3-2 Please revise the following and all subsequent Figures (global). • Include volumes for Interstate 15, Margarita Road, Redhawk Parkway, Temecula Parkway east of Redhawk Parkway, Wolf Valley Road, Deer Hollow Way, Rainbow Canyon Road, and Pechanga Road 10. 6.0 6.1 6.1.1 Page 18 — Table 6-1 11. 7.0 7.3 Figure 7-2 12. 7.0 7.3 Figure 7-3 Please revise the following and all subsequent Tables (global). • Intersection 6, verify delay and LOS per revised lane configuration see Item 8 • Intersection 8, other studies conducted indicate this intersection operates at LOS F during the AM peak hour. Verify • Intersection 9, operationally queue lengths affect LOS at this location. Other studies show this operating at LOS F during PM peak due to extended queues Verify queue length and available storage Please revise the following and all subsequent Figures (global). • Intersection 17, missing eastbound through traffic • Verify percentages west of La Paz; only adds up to 35%; missing 15% • Verify percentage on Deer Hollow Way; seems high and road does not continue through • Verify percentages into residential area located west of Pechanga Parkway 3% seems high 13. 8.0 8.1 8.1.1 Page 33 — Table 8-1 Please revise the following and all subsequent Figures (global). • Include project volumes for Interstate 15, Margarita Road, Redhawk Parkway, Temecula Parkway east of Redhawk Parkway, Wolf Valley Road, Deer Hollow Way, Rainbow Canyon Road, and Pechanga Road Please revise the following and all subsequent Tables (global). • Intersection 17, verify delay based on addition of eastbound through traffic 14. 9.0 9.1 Page 41 — Paragraph 1 • It is likely the 1-15 Ramp improvements will be constructed prior to 2019 Near Term Conditions. Assume improvements in place and new ramp configuration for Old Town Front Street/I-15 SB Ramp and 1-15 NB Ramp 15. 9.0 9.2 Page 41 • Add Section 9.2.3 Existing Plus Project Volumes 16. 9.0 9.2 9.2.1 17. 10.0 10.1 Figure 9-1 Pages 47 — Table 10-1 Please revise the following and all subsequent Figures (global). • Assume ramp improvements for intersection 2, 3, and 4 Please revise the following and all subsequent Tables (global). • Verify delay based on new ramp configuration 18. 10.0 10.2 10.2.1 Page 52 — First bullet point • Verify impacts based on revised intersection configuration 19. 10.0 10.2 10.2.2 Page 52 — First bullet point • Verify impacts based on revised intersection configuration 20. 11.0 Page 56 — First bullet point 21 11.0 Figure 11-1 22. 12.0 12.1 12.1.1 Page 63 — First paragraph 23. 12.0 12.2 12.2.1 Page 66 — First paragraph • Move bullet point to Near Term 2019 section of report • Temecula Parkway should be studied as an 8 lane facility to be consistent with City General Plan and other EIR's. Please revise the following and all subsequent Figures (global) • Intersection 3, verify lane configuration • Intersection 4, verify lane configuration • Intersection 5, change lane configuration to accommodate 8 lane facility on Temecula Parkway • Intersection 5, change lane configuration on La Paz to 2 SB left -turns, through/right lane, 1 NB left -turn and through/right lane • Intersection 18, should be 1 EB left -turn lane, and 1 EB right - turn lane • Intersection 19, 1 EB left -turn lane, 1 EB right -turn lane, add SB through lane, and NB through lane • Verify that General Plan roadway configurations were assumed at the 3 intersections shown • Verify that General Plan roadway configurations were assumed at the 3 segments shown as being deficient 24. 12.0 12.2 12.2.2 25. 14.0 Page 66 — First paragraph Page 70 — Summary of Significant Impacts and Mitigation Measures • See Item 23 Please revise Impacts and Mitigation Measures, where applicable, per comments identified on this document. Fair share contribution identified as mitigation may need to include cost for traffic signal modification improvements and right- of-way acquisition as needed. Final Draft November 5, 2015 INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement ("Agreement") is dated and effective as of November 17, 2015, by and between the Pechanga Band of Luiseno Indians, a federally recognized Indian tribe (the "Tribe"), and the City of Temecula, California (the "City"), which are referred to herein collectively as "the Parties" and as to each as a "Party". The terms "City" and "Tribe" as used herein shall include the Parties' governmental entities, departments and officials unless otherwise stated. RECITALS WHEREAS, the Tribe is a federally -recognized Indian Tribe located on federal trust lands which are located within the geographic boundaries of Riverside County (the "County") and abut or are near City boundaries; and WHEREAS, the Tribe has inhabited the Temecula Valley for more than 10,000 years (and according to tribal history and culture, since time immemorial); and WHEREAS, the Pechanga Indian Reservation was established by Executive Order of the President of the United States on June 27, 1882, affirming the Tribe's sovereignty and land -base; and WHEREAS, under the Indian Gaming Regulatory Act, 25 U.S.C. § 2701, et seq. ("IGRA"), the Tribe may engage in gaming as a means of promoting tribal economic development, self-sufficiency and strong tribal government; and WHEREAS, IGRA generally requires that Class III gaming be conducted pursuant to a Tribal -State Class III gaming compact; and WHEREAS, on or about September 10, 1999, and effective in May, 2000, the Tribe entered into a gaming compact with the State of California, as contemplated under IGRA, which compact was amended effective March, 2008, and which compact and amendment is referred to herein as the "Compact;" and WHEREAS, the Tribe desires to operate tribal economic development projects in a manner that benefits the Tribe, its members, and the community as a whole, and the City recognizes the mutual benefit that can be derived if those goals are achieved; and WHEREAS, the Tribe determined that a casino featuring Class II and Class III gaming activities, as authorized under IGRA and, with respect to Class III activities, the Compact, and a hotel and related parking, common areas and amenities (the "Gaming Facility" as more specifically defined in Section 2.9) would be a way in which to generate independent tribal resources to provide for the health, education, employment, government, general welfare, safety, and cultural needs of the Tribe. Accordingly, the Tribe has successfully developed and now operates and maintains the Gaming Facility, which as of the date of this Agreement consists of an approximately 200,000 square foot casino; several restaurants and related amenities; a thirteen story 522 -room hotel; three parking structures plus surface parking that in total can 1 Final Draft November 5, 2015 accommodate at least 8,567 cars, recreation vehicles (RVs), buses; administrative, regulatory, maintenance and service structures; and common areas related thereto; and WHEREAS, the Tribe employs more than 5,250 people. The City's proximity to the Reservation makes Temecula the primary beneficiary of the Tribe's economic activities, with more than 1,715 residents of Temecula receiving wages, benefits, and other payments of more than $127 million in 2012. The Tribe and the Pechanga Resort & Casino purchased nearly $25 million worth of goods and services directly from merchants and suppliers in Temecula that year. Since opening the Pechanga Resort & Casino in 2002, the Tribe has provided over $21.5 million to the City of Temecula for road improvements and public safety services, helped secure a $6 million federal grant for widening the bridge at Pechanga Parkway over Temecula Creek, and has donated more than $14 million to local schools and hundreds of regional charitable organizations; and WHEREAS, in addition to the Gaming Facility, which has become a major tourist attraction and brings millions of dollars into the local community, the Tribe has successfully developed on its lands other economic development or governmental projects that service the Tribe and the community, including a convenience store, golf course, cultural center, museum, gas station, car wash and RV park; and WHEREAS, the Compact requires that before commencement of a "Project", as defined in the Compact, the Tribe must engage in certain specified environmental review processes and further provides for the Tribe and any impacted city and county to enter into enforceable written "Intergovernmental Agreements" for mitigation of off -reservation Environmental Impacts, public safety services, and other necessary programs attributable to the Project; and WHEREAS, the Parties recognize that this Agreement therefore is an important and mutually beneficial means for furthering the government -to -government relationship between the Parties and in building trust, mutual respect, good will and cooperation for the benefit of the entire community. Further, this Agreement is intended to provide the Tribe and City with greater certainty concerning future planning and development activities; and WHEREAS, the Tribe now anticipates commencing a Project, as defined by the Compact, further defined below as the "Hotel Expansion". In accordance with its obligations under the Compact, the Tribe has properly submitted a Notice of Preparation of the Draft Tribal Environmental Impact Report ("TEIR"), issued the Notice of Completion of the Draft TEIR, satisfied the forty-five (45) day public comment period, and formally offered to begin negotiations of the Intergovernmental Agreement with the City; and WHEREAS, the Tribe's Hotel Expansion will include the development of new resort facilities only, which shall not exceed the scope of the project described in the Final Tribal Environmental Impact Report, including a new hotel wing; events center and meeting space; detached spa, salon, and fitness center; resort pool area, multi -use outdoor area; and warehouse storage; and parking improvements. All proposed development is located on the Tribe's Reservation within a previously disturbed 54 -acre Project site. The new hotel wing is expected to include two connected towers (one 9 -story tower and one 13 -story tower) with approximately 568 hotel rooms, additional meeting rooms and restaurant space that will be connected to the 2 Final Draft November 5, 2015 existing Pechanga Resort and Casino. The events center is expected to have a ballroom with a capacity of 3,000 seats, adjoining indoor and outdoor space, as well as a green roof. Total indoor building floor area for all new uses, including below grade area, is approximately 800,000 square feet. The Hotel Expansion includes 25,000 square feet of tenant improvements to existing building facilities and reconfiguration of internal access roads, parking, and site utilities. NOW, THEREFORE, the Parties agree as follows: AGREEMENT SECTION 1. PURPOSE OF AGREEMENT 1.1. The purpose of this Agreement is to set forth certain agreements of the Parties that are intended to: a. Assure the implementation of measures for mitigating the off -reservation impacts of the Hotel Expansion, as set forth in this Agreement; b. Establish a mutually agreeable process to identify and mitigate potential off - reservation environmental impacts of the Hotel Expansion and possible Future Gaming Facility Expansion projects related to the Gami cility, including a process that meets or exceeds the processes required under the Compact; c. Create a process to resolve disputes that may ise between the City and the Tribe under this Agreement; d. Create a framework for continuing to build and maintain a mutually beneficial government -to -government relationship between the Tribe and the City; and e. Identify ways for the Tribe and the City to work together to provide additional services and benefits to the Tribal community and the residents of the City of Temecula. f Provide certainty with respect to future planning and development activities rela the Gaming Facility. SECTION 2. DEFINITIONS. Capitalized words not otherwise specifically defined in this Agreement shall have the definitions of such words as may be set forth in the Compact. The following terms shall be defined in this Agreement as set forth in this Section: 2.1. "Agreement" means this agreement, which shall be deemed to be the Intergovernmental Agreement between the Parties as required under Section 10.8.8 of the Compact. 2.2. "City" means the City of Temecula, an incorporated California city that is located within the boundaries of the County. 3 Final Draft November 5, 2015 2.3. "Compact" means the Tribal -State Compact between the State of California and the Tribe entered into on or about September 10, 1999, and effective in May, 2000, and amended effective March, 2008. 2.4. "County" means Riverside County, California. 2.5. "Effective Date" means the date this Agreement is executed by both Parties and so designated above in the introduction to this Agreement. 2.6. "Future Gaming Facility Expansion" shall mean any increase in the number of Gaming Devices within the existing footprint of the Gaming Facility beyond five thousand (5,000), or any increase exceeding ten percent (10 %) or more of the existing footprint or height of the buildings or structures within the Gaming Facility, provided that alterations, renovations, maintenance, refurbishments, improvements, changes in configurations or uses, construction, or reconstruction, within the footprint or height of the existing Gaming Facility, or improvements to the spa, porte cochere, surface parking, walkways, pool and common areas that serve or are within the Gaming Facility, shall not be deemed to be a part of a Future Gaming Facility Expansion. 2.7. "Gaming Device" means a Gaming Device as defined in Section 2.6 of the Compact. 2.8. "Gaming Facility" means: (1) the gaming facility and hotel existing on the date of this Agreement that are located on the Reservation and consisting of approximately two hundred thousand (200,000+) square feet of gaming space plus back of the house and administrative offices and facilities that can accommodate various gaming and casino activities, including up to five thousand (5,000) Gaming Devices, employee rooms, offices and related space; a thirteen story hotel with five hundred twenty-two (522) guest rooms and supporting kitchens, offices, retail, housekeeping, telecommunications and other utility facilities; maintenance and storage spaces; convention, ballroom, classroom and meeting spaces; restaurants, bars, food courts, night clubs, retail spaces, lounges, regulatory, public safety, surveillance and guest services amenities and facilities; a one thousand two hundred (1,200) seat theater; swimming and Jacuzzi pools, porte cocheres, spa facilities and related areas located outside the hotel; surface parking and three parking structures for buses, trucks, SUVs and similar vehicles and automobiles, that can accommodate approximately eight thousand six hundred (8,600) vehicles; and related common areas, roadways, sidewalks, storage and administrative facilities; all of which primarily serve the Gaming Facility; and (2) the Hotel Expansion. 2.9. "Hotel Expansion" means the development of new resort facilities only, which shall not exceed the scope of the project described in the Final Tribal Environmental Impact Report, including a new hotel wing; events center and meeting space; detached spa, salon, and fitness center; resort pool area, multi -use outdoor area; warehouse storage; and parking improvements. All proposed development is located on the Tribe's Reservation within a previously disturbed 54 -acre Project site. The new hotel wing is expected to include two connected towers (one 9 - story tower and one 13 -story tower) with approximately 568 hotel rooms, additional meeting rooms and restaurant space that will be connected to the existing Pechanga Resort and Casino. The events center is expected to have a ballroom with a capacity of 3,000 seats, adjoining indoor and outdoor space, as well as a green roof. Total indoor building floor area for all new uses, 4 Final Draft November 5, 2015 including below grade area, is approximately 800,000 square feet. The Hotel Expansion includes 25,000 square feet of tenant improvements to existing building facilities and reconfiguration of internal access roads, parking, and site utilities. 2.10. "IGRA" means the Indian Gaming Regulatory Act, 25 U.S.C. § 2701, et seq. 2.11. "Mitigation Measures" means the Tribe's obligations and payments set forth in Section 3.3 below, which shall provide final mitigation with respect to the Hotel Expansion. 2.12. "Reservation" means those lands held in trust by the federal government for the benefit of the Tribe, including but not limited to the lands on which the Gaming Facility is located. 2.13. "Project" means an activity defined as a "Project" in Section 10.8.7(a) of the Compact and shall not include an exempt project under CEQA. 2.14. "Significant Effect on the Environment" shall be as defined in Section 10.8.7 (b) of the Compact as a Significant Effect on the Off -Reservation Environment. 2.15. "Tribal Environmental Impact Report" or "TEIR" is the report described in, and subject to, Section 10.8.1 of the Compact. .�. 2.16. "Tribe" means the Pechanga Band of Luiseno Indians, a federally recognized Indian tribe. 2.17. Agreement. "Term" meas the term of this Agreement as provided in Section 13.8 of this SECTION 3. HOTEL EXPANSION MITIGATION MEASURES 3.1. Review of Existing Gaming Facility Environmental Reports. a. Prior to the construction of the Gaming Facilities described in Section 2.8 as it exists as of the Effective Date of this Agreement, the Tribe conducted and completed an environmental study and process under the Compact, which included the adoption of mitigation measures designed to address the casino and resort facilities analyzed in the study. Commencing with the legislative approval of the Amended Compact in August 2006, and on a government -to - government voluntary basis, the Parties have met periodically to review the off -reservation impacts of the Gaming Facility. b. The Parties acknowledged that the establishment of the Gaming Facility may create off -reservation impacts, including but not limited to the generation of vehicle traffic and traffic -related events, law enforcement services, fire and emergency medical services, noise and light and related factors, and other effects. The Parties also acknowledged that the Gaming Facility has provided substantial benefits to the Tribal, City, and surrounding communities, including increased employment, an important market for local vendors, and an attraction for patrons, tourists and revenues from out of the area. The Parties further acknowledge that as described in the Recitals, the Tribe has provided over $21.5 million to the City of Temecula for 5 Final Draft November 5, 2015 road improvements and public safety services, helped secure a $6 million federal grant for widening the bridge at Pechanga Parkway over Temecula Creek as well as generating jobs and economic benefits for the region. 3.2. Hotel Expansion Intergovernmental Agreement. a. The Parties recognize that both the positive and negative effects of the Hotel Expansion on the interests of the Parties may be difficult to quantify, but in the government -to - government spirit that underlies this Agreement, and in order to address any off -reservation effects of the Hotel Expansion and resolve differences of opinions between the Tribe and the City as to the extent and materiality of any such effects, the Parties have agreed to add certain Mitigation Measures that take all of those positive and negative effects into account. The Mitigation Measures embodied in this Agreement, and this Agreement itself, are intended to constitute the Intergovernmental Agreement between the Tribe and the City to the extent required under Section 10.8.8 of the Compact with respect to the Hotel Expansion. b. The Tribe and the City agree that any Significant Effects on the Environment from the Hotel Expansion will be adequately mitigated by the Tribe as required by the Compact through its mitigation efforts identified in the Final Tribal Environmental Impact Report, this Agreement, and through the Mitigation Measures provided in Section 3.3 of this Agreement. 3.3. Mitigation Measures. As agreed upon by the Parties, the Tribe shall undertake the following Mitigation Measures: a. Road Improvements. i. Widening of Pechanga Parkway — The Tribe shall fully fund the widening of Pechanga Parkway from four (4) traffic lanes to six (6) traffic lanes from Via Gilberto to North Casino Drive, estimated not to exceed Five Million Dollars ($5,000,000.00), as identified in the Final Tribal Environmental Impact Report (Mitigation Measure 3.10-4) and pursuant to RBF Engineers Design attached hereto as Exhibit 1. The $5,000,000.00 payment shall be made on or before December 31, 2015. The Tribe shall be permitted to review all applicable accounting related to the use of the $5,000,000.00 payment throughout the construction of the road widening. In the event the actual cost of the improvement is less than $5,000,000.00, the City shall return all unused amounts to the Tribe. ii. SR -79 (Temecula Parkway) and La Paz Road — As identified in the Final Tribal Environmental Impact Report (Mitigation Measure 3.10-2), the Tribe shall provide a one-time, fair share contribution of 2.5%, which equates to One Hundred and Twenty -Five Thousand Dollars ($125,000.00) of an estimated Five Million Dollar ($5,000,000.00) project for the widening of SR -79 (Temecula Parkway) to 8 -lane urban arterial standards as identified in the City's General Plan Circulation Element. This payment shall be made on or before December 31, 2015. iii. SR -79 (Temecula Parkway) and Margarita Road — As identified in Final Tribal Environmental Impact Report (Mitigation Measure 3.10-3), the Tribe shall provide a one-time, fair share contribution of 3%, which equates to Twenty -Five Thousand Dollars ($25,000.00) of the estimated Eight Hundred Thirty Three Thousand Dollar ($833,000.00) 6 Final Draft November 5, 2015 project for the implementation of a westbound right -turn lane on SR -79 (Temecula Pkwy.) to accommodate future growth at this intersection. This payment shall be made on or before December 31, 2015. iv. CEQA — City shall complete the design of the mitigation, undertake appropriate environmental review under the California Environmental Quality Act ("CEQA"), and obtain applicable resource agency permits. City Council shall certify all CEQA documents and approve the plans and specifications for each mitigation improvement. Following City Council approval, the City shall cause the mitigation- „to be constructed in accordance with plans and specifications approved by the City Council. b. Law Enforcement — The Tribe shall provide annual funding during the Term of this Agreement for City law enforcement services in the amount of Two Hundred and Eighty - Nine Thousand Dollars ($289,000.00). This amount shall be adjusted upward or downward in accordance with the percentage increase or decrease in the City's cost of law enforcement services provided by one (1) sworn peace officer for the period of July 1 of one year to June 30 of the following year beginning with the base year of July 1, 2015 to June 30, 2016. Payments shall be made as follows: The first payment for law enforcement services shall be made on or before December 31, 2016, in the amount of One Hundred Forty -Four Thousand and Five Hundred Dollars ($144,500.00). This first payment is the prorated equivalent of one half (1/2) of the agreed upon $289,000.00 and shall be payment for the period of January 1, 2017 to June 30, 2017. The second payment for law enforcement services shall be made on or before June 30, 2017, in the full amount of $289,000.00 and shall be payment for the period of July 1, 2017 to June 30, 2018. Each subsequent payment for law enforcement services shall be made on or before June 1 of each year thereafter in the amount of $289,000.00, as may be adjusted in accordance with this provision, for the Term of this Agreement. 3.4. Fire and Emergency Services. a. The Parties acknowledge that the Tribe's development, construction, operation and maintenance of the Gaming Facility require fire protection and emergency response services. Much of that need is fulfilled by the construction and operation of the Tribe's own fire department on the Reservation. Nevertheless, from time to time, the fire protection and emergency response services available from the Tribe's own departments may require supplemental services from the City. b. The Tribe and the City shall cooperate on a government -to -government basis to promote public safety and to provide the Tribe with such mutual aid and automatic aid for supplemental fire and emergency services, on a cooperative basis, as is offered to neighboring cities and unincorporated county areas. At present, a mutual aid agreement exists between the Tribe and the appropriate agencies concerning fire and emergency services. If necessary, the Parties agree to diligently and in good faith negotiate a more detailed mutual aid and automatic aid agreement, similar in its terms to those between the Tribe and other jurisdictions, to further implement the intent of this Section that the City and the Tribe cooperate in providing effective and efficient fire and emergency services to the Gaming Facility and the surrounding community. 7 Final Draft November 5, 2015 c. The Tribe has in place an emergency preparedness plan that addresses evacuation and access issues. The City and Tribe shall consult and coordinate services to further develop the plan and to prepare to respond to any emergency at the Gaming Facility. d. The Tribe shall consult with the City, and the City shall cooperate with the Tribe, regarding the use, storage, disposal, and transportation on roads within the City of any and all hazardous materials to be used by the Gaming Facility. Nothing in this Agreement shall expand the City's jurisdiction regarding regulation of hazardous materials. 3.5. Meet and Confer Concerning Further Public Safety Programs. Both the Tribe and the City agree that it is in their respective best interests to develop and fund further public safety and community enhancement programs in and around the Gaming Facility. There are many federal and state programs to enhance public safety and community enhancement that the Tribe and the City can take advantage of in a cooperative joint application for those funds. Therefore, the Parties agree that they will continue to meet and confer in good faith in an effort to seek sources of funding and cooperative programs to enhance public safety and the community and to work towards approval of these programs by the opening of the Hotel Expansion. 3.6. Regular Meetings of the Parties. In an effort to maintain and promote good government -to -government relations between the Tribe and the City, the Parties' designated representatives shall meet on a regula w.every six (6) months to discuss issues of mutual interest. SECTION 4. FUTURE ENVIRONMENTAL REVIEW AND MEASURES 4.1. Traffic Studies TEIR. In the event that a Future Gaming Facility Expansion is undertaken, the Tribe shall prepare a TEIR pursuant to Section 10.8.1 of the Compact and shall follow the processes required in Sections 10.8.2, 10.8.3, 10.8.4, and 10.8.5. The Tribe shall notify the City of the filing of the Notice of Preparation of the Draft TEIR and provide the City with a copy of the Notice of Preparation at the time the Notice of Preparation is filed with the State Clearinghouse in the State Department of Planning and Research ("State Clearinghouse"). The Tribe shall notify the City of the filing of the Notice of Completion of the TEIR and provide the City with a copy of the TEIR at the time the Notice of Completion is filed with the State Clearinghouse. The Tribe shall maintain an administrative record of the TEIR process, the documents cited in the TEIR, the comments received on the TEIR during the public comment periods, and such other studies and documents relied on in the preparation of the TEIR and the Final TEIR so as to provide an adequate basis for the resolution of any disputes pursuant to Sections 7, 8, and 9 of this Agreement. 4.2. Existing Off -Reservation Impacts. The Parties agree that any existing off -reservation environmental impacts from the Gaming Facility, including future additional traffic impacts from the Gaming Facility, but not a Future Gaming Facility Expansion, will not be the subject of any additional Mitigation Measures pursuant to this Agreement. However, the Parties do agree and commit to having continued dialogue with regard to mutual collaboration on future governmental projects benefiting both the Tribe and City in the areas of roadway infrastructure, law enforcement, public safety and other such programs as may be feasible. 8 Final Draft November 5, 2015 4.3. Meet and Confer Requirements Regarding the TEIR and Intergovernmental Agreement. a. Not later than fifteen (15) days following the filing of the Notice of Completion of the Draft TEIR with the State Clearinghouse, the Parties shall commence diligent and good faith negotiations, to discuss and reach agreement on the contents of the Draft TEIR, the primary objective of which is to provide for the timely mitigation of Significant Effect on the Environment, where such off -reservation impacts: i. Are primarily attributable to the Future Gaming Facility Expansion being proposed; ii. Occur outside of the geographic boundaries of the Tribe's existing or proposed trust lands and within the geographic boundaries of the City; and iii. Are within the jurisdiction or responsibility of the City. b. Not later than fifteen (15) days after the filing of the Notice of Completion of the Draft TEIR with the State Clearinghouse, the Parties shall commence diligent and good faith negotiations to discuss and reach agreement on an amendment to this Intergovernmental Agreement to implement additional mitigations measures, modified Mitigation Measures described in this Agreement or a combination of both, to the extent the Parties agree that such measures are reasonably required to address the environmental impacts described in the TEIR or the comments thereto. 4.4. Binding Arbitration. If the Parties, after meeting and conferring consistent with Section 4.3(b) above, have not approved, executed and delivered an Amended Intergovernmental Agreement for the Expansion, within fifty-five (55) days after the date of the publication of the Final TEIR, or such other date as the Parties may mutually agree in writing, either Party may initiate the binding arbitration dispute resolution processes contained in Section 8 of this Agreement and 10.8.9 of the Compact. SECTION 5. EFFECT OF FEDERAL LAWS REGARDING ENVIRONMENTAL MATTERS 5.1. Notwithstanding any provision to the contrary, the Parties acknowledge that the Tribe is subject to federal laws and regulations regarding the environment and health and safety, including but not limited to the Clean Water Act, Safe Drinking Water Act, Endangered Species Act, Indian Gaming Regulatory Act, and Occupational Safety and Health Act, and permit conditions. Except as provided below, the Parties agree that the matters regulated by these laws, regulations, and permits shall be matters that are between the Tribe and the federal agency having jurisdiction over such statutes, regulations, and permits, and a violation of such statutes, regulations, and permits shall not be considered in conflict with this Agreement or a required part of it. Consistent with the above, the City shall retain whatever rights it may have with respect to participation in the matters regulated by these laws, regulations, and permits, including without limitation, the rights to take such administrative or legal actions as may be necessary to protect its rights in accordance with the statutes and regulations applicable to the federal agency conducting the proceedings, shall be deemed to have waived any right it might otherwise have 9 Final Draft November 5, 2015 under this Agreement to compel arbitration or meet the City's concerns about that aspect of the Project under this Agreement. 5.2. Any dispute or disagreement the City has with a federal process or its outcome thus shall only be subject to the remedies available in such process and not through the dispute resolution or other provisions of this Agreement. 5.3. Nothing herein shall be construed as limiting the Parties' respective rights to reach agreement on a voluntary basis with each other over such matters outside such federal process, subject to applicable law and the sole discretion of each Party as to whether or not to negotiate or agree on such matters outside the context of the federal process itself. SECTION 6. CONFIDENTIALITY OF PROPRIETARY INFORMATION 6.1. To the extent authorized by the California Public Records Act (Government Code Section 6250, et seq.), and subject to all provisions of such Act, the Parties agree that proprietary and confidential operational and financial information concerning the Gaming Facility shall be deemed confidential and shall not be shared with any third party. The Parties acknowledge and agree that such proprietary information includes all documents obtained, observations made, or conclusions drawn directly or indirectly under this Agreement concerning the proprietary operation or financial information concerning the Gaming Facility, including without limitation, where the source or information comes from, inspection reports, plan reviews, and all documents related to examinations of financial information, negotiations, consultations, disputes or other activities under this Agreement. ®®®®®® 6.2. Prior to providing such information to the City, or permitting the City access to such information, but without implying that providing such access or information is necessarily required, the Tribe shall notify the City in writing that such information is confidential or proprietary. 6.3. The City shall promptly provide the Tribe notice of any Public Records Act request related to this Agreement and shall afford the Tribe, within the time limits allowed under the Public Records Act, an opportunity to seek an injunction by the Court against any such disclosure. SECTION 7. DISPUTE RESOLUTION 7.1. Meet and Confer Process. In recognition of the government -to -government relationship between the Tribe and the City, the Parties shall make their best efforts to resolve disputes that occur under this Agreement by good faith negotiations whenever possible. Therefore, the Parties hereby establish a threshold requirement that disputes arising under this Agreement shall first be subject to a good faith meet and confer procedure to give the Parties an opportunity to work together to solve identified issues. 7.2. Disputes arising between the Parties regarding a Party's alleged failure to meet its obligations imposed by this Agreement, including a refusal to meet and confer, shall be addressed through the following process: 10 Final Draft November 5, 2015 a. The Parties may meet and confer informally to discuss their concerns. This stage may include an informal exchange of views among Tribal and City personnel and shall remain confidential in accordance with applicable law. b. A Party invoking the meet and confer provisions of this Agreement shall provide written notice to the other Party, identifying with specificity the alleged issue or issues, the specific provision breached, and the actions requested to resolve the dispute. Within seven (7) business days after receipt of the notice, the recipient party shall provide a written response agreeing or disagreeing with the complaint. If the Parties agree upon the issues complained of, they will set forth detailed steps to address the alleged breach of the Agreement. If the Parties disagree, they shall proceed in accordance with the next subsection, 7.2(c). c. The Parties shall formally meet and confer in good faith within ten (10) business days of receipt of such notice, or at such other time as the Parties may agree in writing, to attempt to resolve the dispute. If both Parties agree, a mediator may be used to help resolve the dispute at this stage. The Parties and mediator, if any, shall ensure that any disputed issues are clearly and directly communicated according to any agreed upon process and timeline. Multiple meetings under this step may be reasonably required depending upon the nature of the dispute, provided that the meet and confer process shall be completed within thirty (30) days of formal initiation unless extended in writing by mutual agreement of the Parties. Failure to substantially comply with the procedures and timelines contained in this Section with respect to a Future Gaming Facility Expansion shall entitle th- complainingarty to proceed directly to ®®®®® arbitration. d. To the extent allowed by law, such writings as may be prepared and transmitted between the Parties pursuant to this Section 7 shall be confidential. SECTION 8. BINDING ARBITRATION PROCEDURE 8.1. Subject to compliance with the meet and confer process stated above and the limitations herein as to the scope of any order, either Party may initiate binding arbitration to resolve any dispute arising out of this Agreement, regarding the interpretation of any the Agreement's provisions and/or rights and obligations of the Parties under the Agreement. 8.2. The arbitration shall be conducted by arbitrator(s) in accordance with the JAMS Comprehensive Arbitration Rules & Procedures (the "Rules") then in effect at the time of the initiation of arbitration. The arbitration shall take place in or near Temecula, including any location on the Reservation, or at another location mutually agreed upon by the Parties. The arbitrator shall be a retired federal or California superior court judge selected pursuant to the following terms: a. The arbitrator shall be from the list of prior approved arbitrators with experience in matters concerning the CEQA. b. In the event the Parties cannot agree upon an arbitrator, the Parties agree that Rule 15 of the Rules shall govern the selection of the arbitrator. 11 Final Draft November 5, 2015 c. Subject to the terms of this Section, the arbitrator shall have jurisdiction to interpret and apply the terms of the Compact and this Agreement, but shall lack jurisdiction to modify the Agreement or relieve a Party of its obligations, or add to those obligations under the Agreement, except in the event that material terms of this Agreement are determined to be void or that the provisions of the Compact are in material conflict with the terms of this Agreement. In the latter instance, the arbitrator may order the Agreement modified to conform to the Compact, with the least change necessary in order to maintain the relative positions of the Parties at the time the Agreement was entered into. d. This Agreement does not provide for, and the arbitrator shall not have jurisdiction to order, remedies with respect to federal, state, or City laws, regulations, ordinances, codes or other laws against the City, including its government entities, officials, members or employees or its real property, and shall only consider or evaluate such laws and issue such orders as expressly permitted under this Agreement. e. In the event the dispute concerns the failure to prepare a TEIR or the adequacy of a TEIR for a Future Gaming Facility Expansion, the arbitrator shall have the authority to order the Tribe to comply with the requirements of this Agreement with respect to the TEIR, including, without limitation, the revision and recirculation of the TEIR. f In the event the dispute concerns the adequacy or extent of measures necessary to mitigate Significant Effects on the Environment, the arbitrator shall have the authority to impose such mitigation measures as are described in the TEIR, the comments of the City or other persons commenting on the TEIR, the Final EIR and such other mitigation measures as are reasonably necessary and feasible to mitigate the Significant Effects on the Environment, but in accordance with the limitations in this Agreement. g. Except as provided above with respect to the impact of a Future Gaming Facility Expansion, arbitration orders and awards may not include monetary awards, and such monetary awards related to a Future Gaming Facility Expansion shall be limited to the amount the arbitrator determines as necessary to mitigate a Significant Effect on the Environment on the basis of the information contained in the administrative record of the Tribe's proceedings to approve the TEIR and adopt mitigation measures, and shall not exceed the limits in this Agreement. h. Equitable relief shall be limited to compelling some actual performance that is expressly described in this Agreement or preventing a Party from failing to take such action. i. Any controversy regarding whether an issue is subject to arbitration shall be determined by the arbitrator, but the arbitrator's jurisdiction shall be limited to ordering forms of relief agreed to in this Agreement. j. The arbitrator shall render an award consistent with Rule 24 of the Rules. The Parties agree to be bound by the provisions of Rule 17 of the Rules relating to informal and formal discovery rights and obligations, subject to the agreement of the Parties or order of the arbitrator otherwise. In any event, any discovery conducted shall be subject to the confidentiality 12 Final Draft November 5, 2015 provisions of this Agreement to the extent such provisions may be lawfully enforced, and the arbitrator shall make such orders as are necessary to enforce such provisions. k. Following an arbitration order or award, either Party may appeal pursuant to the JAMS Optional Arbitration Appeal Procedure as set forth in Rule 34 of the Rules. In the event appeal is sought, no order of the arbitrator shall be considered to be final until the appeal is concluded, including any matters that may be pending as to such order by a reviewing court under Section 9. SECTION 9. JUDICIAL REVIEW AND ENFORCEMENT 9.1. The Parties agree that the prevailing party in any arbitration contemplated under Section 8 hereof may seek to confirm and enforce any arbitration award that has become final by filing a petition with any Superior Court in the State of California, pursuant to the provisions of California Code of Civil Procedure, Section 1285, et seq. In any arbitration or court action, each Party shall bear its own costs and attorneys' fees in any court action or arbitration proceeding brought pursuant to this Agreement. 9.2. Nothing in this Agreement shall preclude or restrict the ability of Parties to voluntarily pursue, by mutual agreement, any other method of dispute resolution. SECTION 10. NOTICES 10.1. Notices pursuant to this Agreement and service °' f process in any judicial or arbitration proceeding is waived in favor of delivery of documents by (i) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and times of delivery or (ii) by Certified Mail — Return Receipt Requested to the following: 10.2. For the Tribe: Tribal Chairperson Pechanga Band of Luiseno Indians 12705 Pechanga Road Temecula, CA 92592 Tel: 951-676-2768 With a copy simultaneously delivered to: General Counsel Pechanga Office of General Counsel 12705 Pechanga Road Temecula, CA 92592 Tel: 951-770-6171 10.3. For the City: 13 City Manager City of Temecula 41000 Main Street Temecula, CA 92590 Tel: 951-694-6444 With copy simultaneously delivered to: Peter M. Thorson Richards, Watson & Gershon 355 South Grand Ave., 40th Floor Los Angeles, CA 90071 Tel: 213-626-8484 10.4. Either Party may change the names and address to which n process may be delivered by written notice to such persons as listed in the subsequent notice of changes. SECTION 11. MUTUAL LIMITED WAIVER OF SdVEREIGN IMMUNITY Final Draft November 5, 2015 and service of ection or by 11.1. The Parties agree that the Parties' waiver of immunity from arbitration or suit, or the enforcement of any order or judgment related thereto, is limited to the express provisions of Sections 8 and 9 of this Agreement, and neither the agreement to arbitrate nor any other provision of this Agreement shall be construed as creating any implied waiver of such immunity. 11.2. The Parties each expressly covenant and agree that they may each sue and be sued, including the resolution of disputes in arbitration and the judicial enforcement thereof, as provided in Sections 8 and 9 above, to resolve any controversy arising from this Agreement or to enforce or interpret the terms and conditions of this Agreement, as provided for in this Agreement. The Parties, their officers and agents expressly agree to waive governmental immunities, including sovereign immunity, in connection with any claims arising from this Agreement, as provided for herein for the enforcement of any arbitration award, or judgment to enforce such an award, or enforcement of any easement created as a result of this Agreement. The Parties further consent to the jurisdiction of an arbitrator and/or specified court under this Agreement including the consent to be sued and bound by a lawful order or judgment, to the extent provided for herein. Each of the Parties represent that its agreement to such dispute resolution processes and waivers has been effectively and lawfully granted and that nothing further needs to be done to effectuate those processes. 11.3. With respect to any action arising out of the Agreement for which there is a waiver of sovereign immunity, the Tribe and City expressly consent to the jurisdiction of the United States District Court for the Central District of California and, as limited herein to, the Superior Court of the State of California for Riverside County and all related appellate courts, and/or an arbitrator selected pursuant to this Agreement and specifically waive sovereign immunity for that purpose. The Parties specifically agree that the applicable court shall have jurisdiction to enter judgments enforcing rights and remedies provided for in this Agreement which shall be binding and enforceable on the Parties, subject to the limitations set forth in this 14 Final Draft November 5, 2015 Agreement. No Party to this Agreement shall contest jurisdiction or venue of the above - referenced courts, provided their jurisdiction and venue are invoked in the order specified, but only for disputes or claims arising out of this Agreement. Neither the Tribe nor the City shall plead or invoke the doctrine of exhaustion of Tribal or other administrative remedies, defenses of immunity or indispensable Parties beyond those contemplated in this Agreement. 11.4. The City and the Tribe may not join or consent to the joinder of any third party to any action (including but not limited to any arbitration) contemplated herein, unless failure to join such party would deprive the court or arbitration tribunal of jurisdiction; provided that nothing in this Agreement shall be construed to constitute a waiver of the sovereign immunity or other protection from lawsuit (or other dispute resolution process), or the effect, orders or judgments thereof, of either the Tribe or the City with respect to any claim of any kind by any such third party. In the event of intervention by any third party into any such action without the consent of the Tribe and the City, nothing herein shall be construed to constitute a waiver of any immunity with respect to such third party, and no arbitrator or court shall have jurisdiction to award any relief or issue any order as against the City or Tribe with respect to such third party in that or any other proceeding. A 4&, SECTION 12. REVIEW UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT NOT REQUIRED 12.1. Pursuant to Government Code Section 12012.49, and in deference to tribal sovereignty, the approval and execution of this Agreement by the Parties is not a project within the meaning of the CEQA because this Agreement has been negotiated pursuant to the express authority of the Compact, specifically Section 10.8.8 of the Compact. 12.2. Pursuant to Government Code Section 12012.49, if the City determines that it is required to comply with the CEQA with respect to any construction of any public improvements or other projects subject to the CEQA related to this Agreement, the City shall comply with the CEQA at such time, but other than as specifically authorized under this Agreement, such compliance shall not in and of itself preclude or delay commencement or completion of the Project by the Tribe. SECTION 13. MISCELLANEOUS PROVISIONS 13.1. No Authority Over Tribal Activities. Nothing in this Agreement is intended to confer or expand the jurisdiction of any local, state or federal agency or other governmental body, nor is this Agreement intended to infringe or otherwise usurp the authority of any regulatory body including local, state, federal or Tribal agencies that may have jurisdiction over or related to Tribal activities, development or Projects. Further, nothing in this Agreement shall be construed to relieve the Tribe's obligation to comply with the National Environmental Policy Act (NEPA) as may be required as part of any trust application or any other Project requirement. 13.2. No Third Party Beneficiaries. This Agreement is not intended to, and shall not be construed to, create any right on the part of a third party including, without limitation, no rights in any Interested Persons, nor does it create any private right of action for any third party nor permit any third party to bring an action to enforce any of its terms. 15 Final Draft November 5, 2015 13.3. Amendments. This Agreement may be modified or amended only by mutual and written agreement of the Parties. 13.4. Final Agreement. This Agreement contains the entire Intergovernmental Agreement of the Parties as to the subject matter herein and supersedes any other agreements of the Parties to the contrary. However, this Agreement shall not prohibit any future agreements contemplated by the Parties. The Agreement is intended both as the final expression of the agreement between the Parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement consistent with California Code of Civil Procedure section 1856. No modification of this Agreement shall be effective unless and until such modification is evidenced by a writing approved and signed by the Parties. 13.5. Severability of Provisions. The invalidity of any provisions or portion of this Agreement as determined by a court of competent jurisdiction or any State or federal agency having jurisdiction and thereof and the authority to do so, shall not affect the validity of any other provisions of this Agreement or the remaining portions of the applicable provisions, unless such provision is material to the reasonable expectation of the Parties. Without limiting the foregoing, if any provision of the Agreement is declared invalid as aforesaid, then the Parties shall use their best efforts to renegotiate the terms of the invalid provisions. 13.6. Force Majeure. The Parties shall not be liable for any failure to perform, or for delay in performance of a Party's obligations, and such performance shall be excused for the period of the delay and the period of the performance shall be extended when a force majeure event occurs; provided however that the party whose performance is prevented or delayed by such event of force majeure shall give prompt written notice (i.e., within seventy-two (72) hours of the event) of such event to the other party. For purposes of this Section, the term "force majeure" shall include, without limitation, war, epidemic, rebellion, riot, civil disturbance, earthquake, fire, flood, acts of governmental authorities (other than the City or Tribe), acts of God, acts of terrorism (whether actual or threatened), acts of the public enemy and in general, any other severe causes or conditions beyond the reasonable control of the Parties, the consequences of which in each case, by exercise of due foresight such party could not reasonably have been expected to avoid, and which by the exercise of due diligence it would not have been able to overcome, when such an event prevents the Tribe from performing at a level sufficient to meet its obligations under this Agreement due to substantial changes in the Tribe's ability to offer gaming activities, ceasing the gaming or hotel operations for an extended period, or prevents the City from meeting its obligations under this Agreement due to an interruption of City government operations. An interruption of performance, or the delayed occurrence of any event, under this Agreement caused by an event of force majeure shall as far as practical be remedied with all reasonable dispatch. During any period in which a party is excused from performance by reason of the occurrence of an event of force maj eure, the party so excused shall promptly, diligently, and in good faith take all reasonable action required in order for it to be able to commence or resume performance of its obligations under this Agreement. 13.7. Governing Law. This Agreement shall be construed according to applicable federal and California substantive law to the extent not inconsistent with the express provisions of this Agreement, unless federal law as to the Tribe or the City, or California law as to the City, prohibits such Parties from abiding by such express provision, in which case the provision will 16 Final Draft November 5, 2015 be deemed to be invalid and resolved, if possible, under the severability provisions in Section 13.5. Notwithstanding the foregoing, California rules of construction shall be applied in interpreting this Agreement. This Agreement shall be deemed to have been drafted jointly by the Parties and shall not be construed as having been drafted by, or construed against, one Party against another. 13.8. Term; Obligations to Continue. The Term of this Agreement shall be from the Effective Date until the expiration or termination of the Compact as now exists or as may be amended, restated, or extended by the Tribe and the State to provide for the use of Gaming Devices at the Gaming Facility, unless sooner terminated pursuant to the terms of this Agreement or extended by mutual agreement of the Parties. Unless specifically designated otherwise, all of the Parties' obligations under this Agreement shall continue through the Term, including any extensions thereof. Notwithstanding the end of the Term, any covenant, term or provision of this Agreement which, in order to be effective, or is necessary to enforce an unfulfilled material term of this Agreement or obligation that may continue beyond the end of the Term shall survive termination. 13.9. 2010 Intergovernmental Agreements. The Parties acknowledge and agree that the Intergovernmental Agreement, dated as of March 9, 2010, and the Memorandum of Understanding Concerning Law Enforcement Services at Pechanga Casino, dated as of March 9, 2010 are terminated and of no further effect. The agreements did not become effective due to the fact that the Tribe and the County of Riverside did not enter into an intergovernmental agreement. 13.10. Payments. Unless otherwise indicated, all payments made pursuant to this Agreement shall be made payable to the City of Temecula on the schedule set out above. 13.11. Representations. By entering into this Agreement each signatory represents that, as of the Effective Date, the undersigned has the authority to execute this Agreement on behalf of their respective governing bodies. 13.12. Duplicate Originals. At least two copies of this Agreement shall be signed and exchanged by the Parties each of which shall be considered an original document. 13.13. Approval. Each Party's execution, delivery and performance of this Agreement shall be approved by resolution of each Party's respective governing body, which shall provide that the Party shall not enact a law impairing the rights and obligations under this Agreement. 13.14. Obligation on Related Entities. This Agreement binds the Parties and their departments, affiliates, agents, representatives, successors, contractors, officials and related entities, which such Agreement shall also be reflected in a resolution of each Party's respective governing body approving the Agreement. 13.15. Authority/Authorization. The City and Tribe each represent and warrant that each has performed all acts precedent to adoption of this Agreement, including but not limited to matters of procedure and notice and each has the full power and authority to execute this Agreement and perform its obligations in accordance with the above terms and conditions, and 17 Final Draft November 5, 2015 that the representative(s) executing this Agreement on behalf of each Party is duly authorized to so execute and deliver the Agreement. 18 Final Draft November 5, 2015 IN WITNESS WHEREOF, the Parties hereby execute and enter into this Agreement with the intent to be bound thereby through their authorized representatives whose signatures are affixed below. PECHANGA BAND OF LUISENO INDIANS BY: Mark Macarro, Tribal Chairperson Pechanga Band of Luisefio Indians Attest Louise Burke Tribal Secretary Approved as to Form: Steve M. Bodm General Cou 19 CITY OF TEMECULA BY: Jeff Comerchero Mayor Attest Randi Johl, City Clerk Approved as to Form: Peter M. 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STD. 0 CONSTRUCT T OVER , O SAWCUT T A GUTTER O SAWCUT AND REMOVE EXISTING SIDEWALK 0 SAWCUT AND REMOVE EXISTING MEDIAN CURB O SAWCUT AND REMOVE EXISTING CROSS GUTTER SAWCUT O3 RELOCATE EEXISTING REMOVE PAVEMENT EXISTING STREETLIGHT 0 CONSTRUCT CATCH E LOCAL LEPRESION coNs— PAVEMENT RELOCATE EXISTING TRAFFIC SIGNAL AND APPURTANCES CONSTRUCTION 510)00 Mfg i BY *6000066 U act BATE BEM Mux CONTRACTOR El0PE0009 DATE COIIPLSTRD•' a 514651.01071 � r i a%e YY, ae.Y a w ualn eolA SCALE Horizontal 19 SHOWN Pm0esl N/A 0®6NEU NY =CUD BY These Plans Sere Prepared Under Phe BupeMAon 0I: STEVEN bit 060070. P.E. RC.1ENe. FLMBD Wires: 0-01-00 ...mended Oulo. bii0�0] Accepted Ey '✓'J 44(_- Oe1s 6015(105 omlrmp nr �T1m rneaan 6.01 No. 2 99007 gam: d-90-00 CNIL / 31fl0CIUM0 EN5INEERS MUNIEIPPL CCNSUL(PNTS / P NERS CURJFYORC / GCS Co OW TO (9511 652-413. • FMA(95) 7506542 CITY OF TEMECULA OEPARIMENI W 70610 6000 PROJECT Na. PW 09-11 STREET IMPROVEMENT PLANS PECHANGA PARKWAY STA 04+00 TO STA 103+00 15 Of TT 21509 UNDERGROUND SERVICE ALERT 103 Call: ROIL 5000 I -BOO 229,000 TWO WORKING DAYS BEFORE YOU BE 104 105 NOTE: P�P>EB POLES LOCBTFI T1_5r0 OSEDSTREET 'TALI WE DEROGATED 1140 UTILITY COODINAIIUN OF STANDARD PACIFlC HOMES Sf B s m 8 106 ?Ig 107 OTIOY. OIOISM GRAIN 611ANNSL — -'c _. 8HIGH SOUN BY STAND SUB 108 109 WORD OABSK 09YBLOPMRAIT ArtdSOFT- — — ry �***Ave ---.. WALL TO BE CONSTRUCTED D PACIFIC HOMES OR QUENT OWNER. o 8 13 110 111 112 "MI WAVE riffiNVelf "*"--gmyr-'14111e" • 11,9 GRAPHIC SCALE a 20 40 BO ( NT P6NT ) 1hash -40 01 120 PECHANGA PARKWAY VIA GILBERTO TO CASINO DRIVE (NORTH) 6 LANE WIDENING CONCEPTUAL DESIGN MINIMUM LANE WIDTH -REDUCED CHNL IMPACT CONSTRUCTION NOTES o CONSTRUCT CURB AND GUTTED PER C.O.,. STD. 201 07 CONSTRUCT SIDEWALK PER C.O.T. ST . 401 0 CONSTRUCT CROSS GUTTER PER COT. STD 210 tt 211 <O CONSTRUCT .0.T- STD. 011 CONTRUCTMED1AN .0.7. STD. 204 CONSTRUCT 6" T OVER 12" C.A B. O SAWCUT AND REMOVE EXISTING CURB & GUTTER o s ; AND REMOVE EXISTING E ; NG SIDEWALK N URB 11 o SAWCUT T TT sAT T PAVEMENT RELOCATE EXISTING STREET L1,17 0 CONSTRUCT CATCH BAS1N & LOCAL DEPRES1 ON 0401000.0. P.C.C. PAVEMENT RELOCATE EXISTING TRAFFIC SIGNAL AND ARPURTANCEs. 5 I l SCQ G54 0307 I1"' � ml raVaat'.' Ost"IT 1 Te" E-aa. Idamdatcmmd.caa COMMUCTION BECOA0 DATE BY RIVISHONS ten CONTRACTOR WBPECTOR DATE COMPLETED MCA MN MUM COM WM= �yy _� g a-BIBeiO Il P/!NYN YaK`�"a..v 43N e1173 Oath ahlaral net 08.1 SPAN Rezlitmtal BE MOAN Vertical N/A Ammer BY ON. BY LINICEED NA ��}}�� Thede Plans Were Prepared Under The Super.. OG �eAW�r -40' a LTi+- 4 Dots 'VO J SIM W DESNICR. P.6. N.C.E. No. 44700 wk. 9 -9I -0B Dascanmsadal Bp' wa�u 6NB1� Geta: I B%WO/O> Acm9tad Bf •'-" L ' Patau l0/TPA ONCEICIMAY B.C.E. No. OTOI'I EwBea B -DO -Os CITY OF' TEMECULA BEPNRIENT OF PMC WOW PROJECT No. PR 99-11 STREET IMPROVEMENT PLANS PRCTTANGA PARKWAY SI'A 103+00 TO STA 112+00 16 05 IT SUS EME_MM Nt__N>� _-MMM-MMMO MMEMMMIta ittEMMEM BENIIIEgg Ric a:VamMM nn MM �� INS _EmmU 11 M mot -MM MM t amts tmLm ffit NN imp fggW m k =a - Ef' a, A, 7 a 706 70 um 82 do01,00,0,*0,11,0- E@MMM=MaR 4 Mr RiM 1 iWt 11MZSE0B-3 11 mi1_ 11 0 1111 g' I01--01-- -- la 1 Maf 11111111_ mmmmmmgg upec6600N1-9- SCALES. -E1U: 16!T e=40' HORIZ I"=8' VER* l 112 a 113 114 115 116 n1 au.fa __ _ NOTE: POKER POLES MATO IN FIRMSTREET --- — W6L0f06J�6K—IlI0�0II — —MILL TA DAR°R280PACIFIC NOLIFSY CDODINAOOR - _-- _ STANDARD PACIFIC HOMES — — — — -.-— _ -- _ _ _ _ — 5z-R'�ILGILSDUND WALL TO BE CONSTRUCTED ie�11'i-f}}j�'-1j'r-,jr'}M—tN1}]�]_l;'.}]aj,J)\J�I• -.--__--_7= -- _ - -'-av 9 BY STANN)pARD PACIFIC HOME OR ---1-_-- / '7'x SLEHSEQUEIYT OWNER 117 118 119 Aor MOI P 0rT0, 0 Icl JJ .HL fon lndlnn.Re W: — - --r----- 120 121 I 0 00 40 GR20 HICCD SCALE BD ( IN FRET ) 120 A 210'00" 1'59'59" 230'00 730'05' 1884.755' CURVE DATA 2011 OR mod 0000.00' 1990110' 44.81' ,A11.60-19 k601 0fOril 89.20' 70. 87.011 0480' 111 PECHANGA PARKWAY VIA GILBERTO TO CASINO DRIVE (NORTH) 6 LANE WIDENING CONCEPTUAL DESIGN MINIMUM LANE WIDTH -REDUCED CHNL IMPACT 14410134177 rifir Fig. %, r CONSTRUCTION NOTES 01 CONSTRUCT CURB AND GUTTER PER C.0_T. STD. 201 0 CONSTRUCT 0.7 T. 1 O CONSTRUCTCROSS RR TT _0T. T_ 211 • CONSTRUCT RAMPPERO.T. STD. 402 O M" ..TT OCONSTRUCT 6" AC PAVEMENT OVER I C A.P T T GUTTER 0 s 0 SMUT AND REMOVE EXISTING MEDIAN (URB O SAWCUT AND REMOVE EXIST 0 SAM UT ANDVE EXISTL NT • „ T �.�Nc STPEET , T 0 CONSTRUCT CATCH BASIN & LOCAL DEPRESI w 0 CONSTRUCT INC,. FAVEMENT RELOCATE Ex STT . TPA, IC SIGNAL AND APPURTANCES. (rInis�� MUNKIP0L Cg0SUL1748l7S EE040020ERS SURVEYORS / / R0 Iil n "1103 .` � 4 00 "e' s;, E DM. CONSTRUCTION RBCOBB C00mACf0R IN9IIM. DATE 0M.= 6 8 018 10118 ACC'U UATB BHiC0 MARK SCADS IBM. FENT% RIP -6-01 00101110 07111179 MLR. m°1°°' 03:7 10.1.1�iunix MR B. 087 OP MON 04 war Ka OM 0-18-1180 war, BM 082 Meal AS 91101 N Ye0Uw8 N/A 089M. BY LIMO BY MOONED Vase Plana Ilona Prapered Und07'P. 3,0,1e100 OP. " ��y� a £04882 bele: 9./F4-4 '] 9060811 WA YNR UNPICK P.R. 6.0.8. Vey 417138 88plee1 S-81-00 802Ommended R C/ ,�/��///� Da. 10130 O Ace.. 9r: t J Dela: 10/300,MIMI . BMWS NMI. OPAMC CRY MOM RC9. 110. SOON *.7p3000: O -0U -Ila CITY OF TEMECULA DEPARIPENT OF PUBIC YIUMB PROJECT No. PR 99-11 STREET IMPROVEMENT PLANS PECHANGA PARKWAY STA 112+00 TO SPA 121+00 17 Or TO SHT8 TEMECULA COMMUNITY SERVICES DISTRICT CONSENT CALENDAR Item No. 6 ACTION MINUTES November 10, 2015 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:48 P.M. CALL TO ORDER: President Maryann Edwards ROLL CALL: DIRECTORS: Comerchero, McCracken, Naggar, Rahn, Edwards CSD PUBLIC COMMENTS (None) CSD CONSENT CALENDAR 15 Approve the Action Minutes of October 27, 2015 - Approved Staff Recommendation (5-0) Director Comerchero made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors McCracken, Naggar, Rahn, Comerchero and Edwards. RECOMMENDATION: 15.1 That the Board of Directors approve the action minutes of October 27, 2015. 16 Approve Financial Statements for the 4th Quarter Ended June 30, 2015 - Approved Staff Recommendation (5-0) Director Comerchero made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors McCracken, Naggar, Rahn, Comerchero and Edwards. RECOMMENDATION: 16.1 Receive and file the Financial Statements for the 4th Quarter Ended June 30, 2015; 16.2 Approve an appropriation of $11,500 in the Service Level B Street Lights Fund 192 to cover higher cost for utilities services. 17 Approve the First Amendment to Temecula Public Financing Authority Joint Exercise of Powers Agreement, to Provide for Withdrawal of Successor Agency to the Temecula Redevelopment Agency as a Member and Addition of Temecula Community Services District and Temecula Housing Authority as New Members - Approved Staff Recommendation (5-0) Director Comerchero made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors McCracken, Naggar, Rahn, Comerchero and Edwards. CSD Action Minutes 111015 1 RECOMMENDATION: 17.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 15-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT APPROVING THE EXECUTION OF AN AMENDMENT TO TEMECULA PUBLIC FINANCING AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:51 P.M., the Community Services District Meeting was formally adjourned to Regular Meeting on Tuesday, November 17, 2015, at 5:30 PM, for a Closed regular session commencing at 7:00 PM, City Council Chambers, 41000 Temecula, California. Next regular meeting: Tuesday, December 8, 2015, at 5:30 PM, for a Closed regular session commencing at 7:00 PM, City Council Chambers, 41000 Temecula, California. Maryann Edwards, TCSD President ATTEST: Randi Johl, Secretary [SEAL] CSD Action Minutes 111015 2 an adjourned Session, with Main Street, Session, with Main Street, SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CONSENT CALENDAR Item No. 7 ACTION MINUTES November 11, 2015 City Council Chambers, 41000 Main Street, Temecula, California SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING The Successor Agency to the Temecula Redevelopment Agency convened at 7:51 P.M. CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, McCracken, Naggar, Rahn, Comerchero SARDA PUBLIC COMMENTS SARDA CONSENT CALENDAR 18 Receive and File Financial Statements for the 4th Quarter Ended June 30, 2015 - Approved Staff Recommendation (5-0) Director Edwards made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 18.1 That the Board of Directors receive and file the Financial Statements for the 4th Quarter Ended June 30, 2015. 19 Approve the First Amendment to Temecula Public Financing Authority Joint Exercise of Powers Agreement, to Provide for Withdrawal of Successor Agency to the Temecula Redevelopment Agency as a Member and Addition of Temecula Community Services District and Temecula Housing Authority as New Members - Approved Staff Recommendation (5-0) Director Edwards made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 19.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. SARDA 15-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE SUCCESSOR AGENCY'S EXECUTION OF THE FIRST AMENDMENT TO TEMECULA PUBLIC FINANCING AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT SARDA Action Minutes 111015 1 SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS SARDA ADJOURNMENT At 7:52 P.M., the Successor Agency to the Temecula Redevelopment Agency Meeting was formally adjourned to an adjourned Regular Meeting on Tuesday, November 17, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Next regular meeting: Tuesday, December 8, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, SARDA Chair ATTEST: Randi Johl, Secretary [SEAL] SARDA Action Minutes 111015 2 TEMECULA HOUSING AUTHORITY CONSENT CALENDAR Item No. 8 ACTION MINUTES of November 11, 2015 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA HOUSING AUTHORITY The Temecula Housing Authority convened at 7:52 P.M. CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, McCracken, Naggar, Rahn, Comerchero THA PUBLIC COMMENTS (None) THA CONSENT CALENDAR 20 Approve the First Amendment to Temecula Public Financing Authority Joint Exercise of Powers Agreement, to Provide for Withdrawal of Successor Agency to the Temecula Redevelopment Agency as a Member and Addition of Temecula Community Services District and Temecula Housing Authority as New Members - Approved Staff Recommendation (5-0) Director Edwards made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION 20.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. THA 15-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA HOUSING AUTHORITY APPROVING THE EXECUTION OF AN AMENDMENT TO TEMECULA PUBLIC FINANCING AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT THA Action Minutes 111015 1 THA EXECUTIVE DIRECTOR REPORT THA BOARD OF DIRECTORS REPORTS THA ADJOURNMENT At 7:53 P.M., the Temecula Housing Authority Meeting was formally adjourned to an adjourned Regular Meeting on Tuesday, November 17, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Next regular meeting: Tuesday, December 8, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, Chair ATTEST: Randi Johl, City Clerk/Secretary [SEAL] THA Action Minutes 111015 2 TEMECULA PUBLIC FINANCING AUTHORITY CONSENT CALENDAR Item No. 9 Approvals City Attorney Finance Director City Manager TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Board of Directors FROM: Jennifer Hennessy, Treasurer DATE: November 17, 2015 SUBJECT: Acknowledge Receipt of a Deposit/Reimbursement Agreement for the Proposed Community Facility District No. 16-01 Roripaugh Ranch, and Authorizing and Directing Actions to Execute Agreements PREPARED BY: Jennifer Hennessy, Treasurer RECOMMENDATION: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. TPFA 15- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO BACKGROUND: In 2006, the Temecula Public Financing Authority (Authority) issued bonds to finance public improvements for the benefit of Community Facility District No. 03-02 Roripaugh Ranch (CFD). Since that time, a portion of the CFD has been developed (the area known as the "pan handle") and the larger portion of the CFD (known as the "pan") remains undeveloped. Staff, in conjunction with the CFD financing team, is currently evaluating the feasibility of refinancing the 2006 Bonds and forming a new CFD No. 16-01 to update the rate and method of apportionment related to the undeveloped properties and raise additional capital needed to complete major infrastructure in order to spur further development in the pan area. City Staff has engaged the services of Quint & Thimmig, LLP to draft a Deposit/Reimbursement Agreement (attached as Exhibit A) related to the proposed Temecula Public Financing Authority Community Facilities District No. 16-01 Roripaugh Ranch. The parties to the Deposit/Reimbursement Agreement include the City of Temecula, the Temecula Public Financing Authority, Roripaugh Valley Restoration, LLC (RVR) and Wingsweep Corporation. The purpose of the Deposit/Reimbursement Agreement is to provide the necessary funding to initiate the formation of the proposed CFD. Eligible uses of the deposited funds include: • Fees and expenses of consultants employed in connection with an amendment to the rate and method of apportionment of special taxes for CFD 03-02 and the formation of CFD 16-01 • Costs of a market absorption study and a property appraisal • Costs of publication of notices, preparation and mailing of ballots and other costs associated with an election • Reasonable charge for City Staff time to analyze CFD 16-01 • Any and all actual costs incurred by the City or the Authority with respect to the formation of CFD 16-01 or the issuance of new bonds after the date of execution of the agreement If the formation of CFD 16-01 is successful and new bonds are issued, the Authority shall provide for the reimbursement of the amounts deposited to RVR and Wingsweep Corporation. If the formation of the CFD is not successful, any unexpended deposits will be returned to RVR and Wingsweep Corporation. Additionally, this Resolution authorizes the Executive Director of the Authority to execute the Deposit/Reimbursement Agreement, as well as the following consultant agreements: • Stifel, Nicolaus & Company (Underwriter to the Authority of the Bonds) • Albert A. Webb Associates (Special Tax Consultant to the Authority for the CFD) • Fieldman Rolapp & Associates (Municipal Advisor to the Authority) • Quint & Thimmig (Bond Counsel and Disclosure Counsel to the Authority) • Empire Economics (Market Absorption Consultant to the Authority) • Stephen G. White, MAI (Appraiser to the Authority) FISCAL IMPACT: The City has received $45,000 from RVR and $5,000 from Wingsweep. These funds will be expended in accordance with the Deposit/Reimbursement Agreement. There is no Fiscal Impact to the Authority. ATTACHMENTS: 1. Resolution 2. Exhibit A - Deposit/Reimbursement Agreement RESOLUTION NO. TPFA 15- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEM ECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Roripaugh Valley Restoration, LLC and Wingsweep Corporation (collectively, the "Landowners") have submitted to the Finance Director of the City of Temecula (the "City") checks in the total amount of $50,000 (the "Deposit"), to be used by the City to pay costs of the City and the Temecula Public Financing Authority (the "Authority") in connection with proceedings under Section 53311 et seq. of the California Government Code (the "Act") to create a community facilities district to be designated "Temecula Public Financing Authority Community Facilities District No. 16-01" (the "CFD"). Section 2. There has also been submitted a Deposit/Reimbursement Agreement (the "Agreement"), to be entered into by the Landowners, the City and the Authority (for itself and on behalf of the CFD), and this Board of Directors now desires to direct the Finance Director of the City to accept the money to be advanced by the Developers, to authorize the execution and delivery by the Authority of the Agreement, to employ certain consultants necessary for the formation of the CFD and the sale of bonds of the Authority for the CFD (the "Bonds"), and to authorize and direct Authority staff to take actions necessary to present to this Board of Directors for approval the documents necessary to form the CFD and issue the Bonds of the Authority for the CFD. Section 3. The Finance Director of the City is hereby requested 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 4. City staff, acting for and on behalf of the Authority, are hereby requested to take all actions necessary or advisable to present to the Board of Directors for its review and approval all proceedings necessary to create the CFD and issue the Bonds of the Authority therefor. The passage of this Resolution shall in no way obligate this Board of Directors to form the CFD or to issue the Bonds. Section 5. The firm of Stifel, Nicolaus & Company, Incorporated is hereby designated as underwriter to the Authority for the Bonds, if any, to be issued for the CFD. Section 6. The firm of Albert A. Webb Associates is hereby designated as Special Tax Consultant to the Authority for the CFD, the firm of Fieldman Rolapp & Associates is hereby designated as municipal advisor to the Authority for the CFD, the firm of Quint & Thimmig LLP is hereby designated as Bond Counsel and Disclosure Counsel to the Authority for the CFD, the firm of Empire Economics is hereby designated as market absorption consultant to the Authority for the CFD to analyze the proposed development and marketing of the land in the CFD, and Stephen G. White, MAI, is hereby designated as appraiser to the Authority for the CFD to provide an evaluation of the value of the property in the CFD. The Executive Director is hereby authorized and directed to execute agreements with said firms and appraiser for their services in connection with the CFD and any bonds issued for the CFD, in the respective forms on file with the Finance Director of the City. In any event, the fees and expenses of such consultants shall be payable solely from Deposits (as defined in the Agreement) and/or the proceeds of the Bonds when and if they are issued by the Authority for the CFD. Section 7. 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. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority of the City of Temecula this 17th day of November, 2015. Jeff Comerchero, Chair ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Temecula Public Financing Authority of the City of Temecula, do hereby certify that the foregoing Resolution No. TPFA 15- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority of the City of Temecula at a meeting thereof held on the 17th day of November, 2015, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary EXHIBIT A Quint & Thimmig LLP 9/29/15 DEPOSIT/REIMBURSEMENT AGREEMENT Proposed Temecula Public Financing Authority Community Facilities District No. 16-01 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 proposed Temecula Public Financing Authority Community Facilities District No. 16-01 (the "CFD"), and Roripaugh Valley Restoration, LLC, a Delaware limited liability company ("RVR") and Wingsweep Corporation ("Wingsweep"). RECITALS: WHEREAS, RVR and Wingsweep (collectively, the "Landowners") own land located within the current boundaries of the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) ("CFD 03-02"); and WHEREAS, the Authority has heretofore issued, for and on behalf of CFD 03-02, its Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) 2006 Special Tax Bonds (the "2006 Bonds"), the net proceeds of which have been and are being used to finance public improvements authorized to be funded by CFD 03-02; and WHEREAS, the Authority has advised the Landowners that it is considering the formation of a new community facilities district ("CFD 16-01") to include the land currently owned by the Landowners in CFD 03-02 (the "Property") and the issuance of bonds for CFD 16-01 (the "New Bonds") under Sections 53311 et seq. of the California Government Code (the "Act"), in order to provide funds (a) to prepay the special taxes levied by CFD 03-02 on the Property and thereby refund the portion of the outstanding 2006 Bonds allocable to the Property, and (b) to finance public infrastructure improvements necessitated by development of the Property; and WHEREAS, the Authority has advised the Landowners that, in addition to the prospective formation of CFD 16-01 and the issuance of the New Bonds, it is considering the issuance of refunding bonds under the Act for CFD 03-02 (the "Refunding Bonds") in order to refund the portion of the outstanding 2006 Bonds that are not allocable to the Property; and WHEREAS, the Landowners are willing to deposit funds with the Authority to ensure payment of the costs of the Authority and the City in forming CFD 16-01 and otherwise in connection with the issuance of the New Bonds, provided that such funds so advanced are reimbursed to the respective Landowner that advanced the same from the proceeds of the New Bonds issued by the Authority for CFD 16-01 to the extent provided herein; and WHEREAS, the Authority, the City and the Landowners now desire to specify the terms of said deposit and reimbursement. 20009.13:J13515 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. Subject to the provisions of Section 6 hereof, the Landowners hereby agree to provide to the City, in the form of one or more checks made payable to the "City of Temecula, California" $50,000 (the "Deposit"), to be used by the City to pay the costs in conducting proceedings for the formation of CFD 16-01 and the issuance of the New Bonds for CFD 16-01 (as more fully described in Section 2(a) below, the "Initial Costs"), said check or checks to be delivered by the Landowners to the Finance Director of the City. The City, by its execution hereof, acknowledges receipt by the City of the Deposit. The check or checks 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 Landowners hereby agree 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 stating that the then unspent and uncommitted balance of the Deposit is less than $5,000 (the "Additional Deposits" and, collectively with the Deposit, the "Deposits"), subject to the provisions of Section 6 hereof. In the event that the Landowners shall fail to remit the full amount of any such demand for additional amounts to the Finance Director of the City within ten (10) days of such a written demand, the City Manager may, in his sole and absolute discretion, direct City and Authority staff and consultants to cease all work related to the formation of CFD 16-01 and the issuance of the New Bonds until the full amount of any additional amounts so demanded has 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 an amendment to the rate and method of apportionment of special taxes for CFD 03-02 to allow the Landowners to use proceeds of the New Bonds to prepay special taxes levied for CFD 03-02 on the Property, the formation of CFD 16-01, the issuance of the New Bonds and the proposed expenditure of the proceeds of the New Bonds to finance public infrastructure improvements (such as legal counsel, including the City Attorney and Bond Counsel, and municipal advisor and special tax consultants); (ii) the costs of any market absorption study, an appraisal and other reports necessary or deemed advisable by City staff or consultants in connection with the New Bonds; (iii) costs of publication of notices, preparation and mailing of ballots and other costs related to any election with respect to the formation of CFD 16-01, the rate and method of apportionment of the special taxes to be levied therein and any bonded indebtedness thereof; (iv) a reasonable charge for City staff time, as determined by the City Manager in his sole discretion, in analyzing CFD 16-01, the New Bonds and the expenditure of the proceeds thereof, including a reasonable allocation of City overhead expense related thereto; and (v) any and all other actual costs and expenses incurred by the City or the Authority with respect to the formation of CFD 16-01 or the issuance of the New Bonds after the date of execution of this Agreement. Costs of the City or the Authority related to the -2- issuance of the Refunding Bonds are not Initial Costs, will not be charged to the Deposits, and will be paid with proceeds of the Refunding Bonds or other available funds of CFD 03-02. (b) If CFD 16-01 is successfully formed and the New Bonds are issued under the Act by the Authority secured by special taxes levied upon the Property, the Authority shall provide for reimbursement to the Landowners, without interest, of all amounts charged against the Deposits, said reimbursement to be made to the Landowners in the respective amounts advanced by them solely from the proceeds of the New 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 New Bonds, the Finance Director of the City shall return the then unexpended Deposits to the Landowners in the respective amounts advanced by them, 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 CFD 16-01 is not successfully formed and the New Bonds are not issued, the Finance Director of the City shall, within ten (10) business days after adoption of a resolution stating the intent of the Authority to terminate proceedings under the Act with respect to the formation of CFD 16-01 and/or the issuance of the New Bonds, return the then unexpended Deposits to the Landowners in the respective amounts advanced by them, 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 Landowner Costs. Nothing contained herein shall prohibit reimbursement of other costs and expenses of the Landowners incurred in connection with the formation of CFD 16-01 and the issuance of the New Bonds, from the proceeds of the New Bonds, including, but not limited to fees and expenses of their respective legal counsel and any special tax or other consultant expenses incurred by them. Any such reimbursement shall be made solely from the proceeds of the 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 New 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 8 below. Neither the City nor the Authority shall be obligated to advance any of their own funds with respect to the formation of CFD 16-01, or the issuance of the New Bonds or the expenditures of the proceeds thereof, 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 Form CFD 16-01 or to Issue New Bonds. The provisions of this Agreement shall in no way obligate the City or the Authority to form CFD 16-01, to issue the New Bonds, or to expend any of their own funds in connection with the formation of CFD 16-01, or the issuance or expenditure of the proceeds of the New Bonds. Section 6. Allocation of Responsibilities Between Landowners. The Authority and the City acknowledge that the Landowners have agreed between themselves that all monetary -3- obligations of the Landowners under this Agreement are to be allocated ninety percent (90%) to RVR and ten percent (10%) to Wingsweep. While it is the expectation that the Landowners will provide for the Deposit and any Additional Deposits in such percentages, the Authority and the City will accept the Deposit and the Additional Deposits from both or either of them, and any reimbursement from proceeds of the New Bonds of Deposits pursuant to Section 2(b) or release of any unused Deposits pursuant to Section 2(c) will be made to the Landowners in the respective percentages of the Deposits so advanced respectively by them. In the absence of written notice from the Landowners otherwise, the return of any Deposits pursuant to Section 2(b) or (c), or the reimbursement of Deposits pursuant to Section 2(a), will be made 90% to RVR and 10% to Wingsweep. Section 7. 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 8. Accounting. The City Finance Director shall provide the Landowners with a written accounting of proceeds of the Deposits expended pursuant to this Agreement, within ten (10) business days of receipt by the Finance Director of the City of a written request therefore submitted by an authorized officer of one of the Landowners. 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 9. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Section 10. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. -4- IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year written alongside their signature line below. LANDOWNERS: Executed on: RORIPAUGH VALLEY RESTORATION, LLC, October , 2015 a Delaware limited liability company Executed on: October , 2015 Executed on: October _, 2015 By. R. Patterson Jackson, Chief Executive Manager WINGSWEEP CORPORATION By: Corry Hong, President and CEO CITY: CITY OF TEMECULA By: Aaron Adams, City Manager Executed on: AUTHORITY: October _, 2015 TEMECULA PUBLIC FINANCING AUTHORITY, for itself and on behalf of the proposed Temecula Public Financing Authority Community Facilities District 16-01 By: Aaron Adams, Executive Director 20009.13:J13515 [Signature page to Deposit/Reimbursement Agreement for Community Facilities District 16-01] -5- COUNCIL PUBLIC HEARING Item No. 10 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: November 17, 2015 SUBJECT: Adopt Uptown Jefferson Specific Plan PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council conduct a Public Hearing and: 1. Adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION WITH THE ADOPTION OF THE UPTOWN JEFFERSON SPECIFIC PLAN 2. Adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE LAND USE ELEMENT, THE LAND USE POLICY MAP, THE CIRCULATION ELEMENT, AND THE COMMUNITY DESIGN ELEMENT OF THE GENERAL PLAN IN CONFORMITY WITH THE UPTOWN JEFFERSON SPECIFIC PLAN 3. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE UPTOWN JEFFERSON SPECIFIC PLAN, AMENDING THE TEMECULA ZONING CODE TO ADD THE UPTOWN JEFFERSON SPECIFIC PLAN TO THE APPROVED SPECIFIC PLAN ZONES, AMENDING THE TEMECULA ZONING MAP TO REFLECT THE UPTOWN JEFFERSON SPECIFIC PLAN, AND AMENDING THE ADULT BUSINESS OVERLAY ZONE TO ELIMINATE THE UPTOWN JEFFERSON SPECIFIC PLAN AREA 4. Hear the Staff Report and public comments on the following Ordinance and continue the Public Hearing to December 8, 2015 in order to introduce and read by title only an ordinance entitled: ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING CHAPTER 15.20, UPTOWN JEFFERSON SPECIFIC PLAN NEW STREETS IN -LIEU FEE AND MAKING FINDINGS THAT NO FURTHER CEQA REVIEW IS REQUIRED 5. Hear the Staff Report and public comments on the following Resolution and continue the Public Hearing to December 8, 2015 in order to adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AND IMPOSING THE "UPTOWN JEFFERSON SPECIFIC PLAN NEW STREETS IN -LIEU FEE" 6. Direct staff to prepare a Streetscape Beautification and Marketing Plan for the Uptown Jefferson Specific Plan area; 7. Direct staff to change the name of the Uptown Jefferson Specific Plan to Uptown Temecula Specific Plan. SUMMARY OF ORDINANCES: The first Ordinance adopts the Uptown Jefferson Specific Plan, which establishes new zoning and development standards for future development within the Uptown Jefferson Specific Plan boundaries. This Ordinance also amends the Zoning Map by changing the zoning classification of parcels located within the Specific Plan area to the zoning classification of Uptown Jefferson Specific Plan. Finally, this Ordinance removes the Uptown Jefferson Specific Plan parcels from the boundaries of the Adult Business Overlay, which is identified as Special Use Overlay No. 1. The second Ordinance adopts the New Streets In -Lieu fee, which will fund new internals streets within the Uptown Jefferson Specific Plan boundary. BACKGROUND: In January 2011, the City Council determined that it was necessary to enhance opportunities within the Uptown Jefferson Specific Plan area to ensure long term economic viability. The City Council established the Jefferson Corridor Ad Hoc Subcommittee, which then directed staff to hold public outreach and visioning workshops with the community to develop a long term vision of the Specific Plan area. From October 2011 through July 2012, six community visioning workshops were conducted in an effort to develop the community's vision for the Uptown Jefferson Area. From this process, eight Guiding Principles, Recommendations and related Goals were established to guide the development of the Uptown Jefferson Specific Plan. In February 2013, the Jefferson Specific Plan Steering Committee, consisting of two members of the Planning Commission, Community Services Commission and Public/Traffic Safety Commission, was created to guide the technical development of the Plan. To date, 37 public hearings or noticed public meetings have been held through the Envision Jefferson public visioning process, Steering Committee meetings, City Commission meetings, and a Developer Forum. The City has also engaged in outreach through the Envision Jefferson and the City of Temecula websites. Numerous stakeholders were involved in the process to determine the best land uses and development standards necessary to create a new and vibrant Uptown Jefferson. DISCUSSION UPTOWN JEFFERSON SPECIFIC PLAN The Uptown Jefferson Specific Plan provides for a range of uses including mixed use residential development, access to open space and recreational areas, and improved pedestrian, bicycle, vehicular mobility and connectivity. The development standards of the Plan follow principles of a form based code, which focus on building form, building placement, and the creation of a pedestrian scale environment to achieve the community's vision for the area. The administration of the Plan allows for a streamlined review of planning applications and phased compliance with the Plan, adding flexibility to the permitting and approval process. All aspects of the Specific Plan considered the guiding principles, recommendations and the community's vision for the area. Market Assessment — In order to ensure the Specific Plan is based on economically feasible development and an appropriate mix of uses, staff consulted with Keyser Marston Associates Inc. (KMA) to perform a market assessment of the types of land uses that the Study Area could support based on prevailing market factors, trade area growth projections, and anticipated macroeconomic changes within each major land use category. The focus of the KMA market assessment was to evaluate the potential for development of new mixed-use development in the Study Area. The assessment relied upon readily available third -party demographic and market data sources. KMA reviewed both existing and historical market trends to better understand future development potential. KMA also prepared 10 -year market demand projections for various land uses within the Study Area. Plan Administration — All planning applications (with the exception of an application for a variance) will have the ability for administrative approval. In lieu of holding a public hearing, a Notice of Intent to Approve would be posted on site and mailed to all property owners within 600 feet of the proposed project, 20 days prior to the date of the Director of Community Development's decision to approve the application. The Notice of Intent to Approve will include the follwing information: 1) the date and time that the Director of Community Development will administratively approve the proposed project; 2) an explanation of the matter to be considered; 3) a detailed description of the proposed project and a summary of the project scope; 4) the findings being made for approval of the proposed project; 5) the general description (in the form of text or a diagram) of the property's location; 6) the location where the plans and/project file can be reviewed by the public; and 7) the procedures for requesting a public hearing. A public hearing may be held when any member of the City Council, Planning Commission, the applicant, or an affected party owning real property within 600 feet of the exterior boundaries of the proposed project requests the item be scheduled for public hearing. If a hearing is requested, the hearing will be conducted by the Director of Community Development, unless the Director of Community Development defers such a decision to the Planning Commission. Districts and Land uses — The Specific Plan establishes the following six zoning districts and two overlay zones: Zoning Districts 1. Uptown Center District (UC) 2. Uptown Hotel/Tourism District (UHT) 3. Uptown Sports/Transit District (US) 4. Uptown Arts District (UA) 5. Creekside Village District (CV) 6. Murrieta Creek Recreation and Open Space District (MCR -OS) Overlay Zones 1. Creekside Village Commercial Overlay Zone (CV -CO) 2. Wilder Hills Residential Overlay Zone (WH-RO) Each zoning district and overlay zone has specific land uses and development standards which vary slightly by district in order to achieve differences between the districts and neighborhoods as envisioned by the community. The boundaries of each district and overlay zone were established based on the existing land uses, geographic and surrounding physical features, and the desired vision of the community. Vertical or horizontal mixed-use development is encouraged to promote a more urban style environment which was also desired by the community. The allowable land uses within the Specific Plan varies from what is currently allowed under the existing zoning. Industrial and heavy automotive repair uses would no longer be allowed under the Specific Plan. Residential uses, which are currently not allowed under the existing zoning, would be allowed under the Specific Plan. The industrial and heavy automotive repair uses that currently exist in the proposed Specific Plan area would be considered incompatible uses when located adjacent to residential uses. However, it is also the policy of the Specific Plan that legal non -conforming uses that were legally established prior to the adoption of the Specific Plan are allowed to continue as they were, without any restriction to their operations. Should the legal non -conforming land use be discontinued for a continuous period of 365 days or more, the legal non -conforming use shall not be reestablished. It should also be noted the Specific Plan also allows a property owner to apply to extend the legal non -conforming status beyond the initial 365 day period due to hardship, and there is no limit to the number of one-year extensions of time that may be granted. Mobility Infrastructure — The infrastructure needed for enhancing mobility within the Specific Plan area was analyzed with the goal of improving mobility for vehicular travel, bicyclists, pedestrians and transit users to achieve the community's vision for a bicycle and pedestrian friendly urban experience. To accomplish this goal, the existing right-of-way (ROVV) and curb -to - curb street cross sections were analyzed to determine if on -street parking, bicycle facilities, and 20 -foot sidewalks were feasible throughout the Specific Plan area. The result was a series of new street cross sections that include 20 -foot sidewalks, on -street parking, bicycle facilities, curb bulb -outs at intersections, bus turn -outs, and painted or raised medians. The new cross sections fit within the existing ROW and curb -to -curb sections, enabling the existing street cross sections to be retrofitted with the new street cross sections without acquiring additional ROW or the need to widen any of the existing streets. New streets have been added to the Specific Plan in order to create a grid pattern street network with smaller blocks. Smaller blocks and a grid pattern street network create more pedestrian friendly and walkable neighborhoods, by reducing the size of existing blocks and creating additional connections resulting in improved mobility throughout the Specific Plan area. The location of new streets is proposed as a hypothetical street network to allow for flexibility in their location as development occurs. The hypothetical street network will be constructed as new development occurs where new block size standards are exceeded. The construction of new streets will be equitably funded by all new development via an in -lieu fee, which is described in further detail below. Utility Infrastructure — The infrastructure needed to support the anticipated development of the Specific Plan area was analyzed for water supply, sewer capacity, storm water conveyance, electricity, natural gas, solid waste disposal and telecommunications. Staff coordinated with service providers to determine if there is adequate infrastructure for future development in conformity with the Specific Plan. All utility service providers indicated that adequate capacity exists, with exception to wastewater system capacity. Eastern Municipal Water District (EMWD) is the service provider for wastewater collection and treatment in the Specific Plan area. EMWD indicated the existing sewer pipelines in the Specific Plan area do not have ample capacity to accommodate the additional wastewater flow that would be generated under the Specific Plan at build -out. However, developers will pay their fair share of the EMWD mitigation fees to upsize the impacted sewer pipelines at Jefferson Avenue, Via Montezuma and Del Rio Road. GENERAL PLAN AMENDMENTS Land Use Element — The proposed General Plan Amendment would change the land use designations for parcels within the proposed Uptown Jefferson Specific Plan area to a single General Plan designation of "Specific Plan Implementation" from their current designations of Community Commercial (CC), Highway Tourist Commercial (HT), Service Commercial (SC), Industrial Park (IP) and Open Space (OS). The purpose of the Specific Plan Implementation land use designation is to ensure consistency between the land uses and development characteristics of the Uptown Jefferson Specific Plan area and the General Plan by referring directly to the Specific Plan for the intended uses and development characteristics for this area. If approved, the General Plan Amendment would change the General Plan Land Use Map (Figure LU -3) for the area within the proposed Specific Plan boundaries, add Uptown Jefferson Specific Plan to the Approved Specific Plan Areas (Table LU -4), remove Jefferson Avenue Mixed Use Area from the Land Use Focus Areas (Figure LU -5) and Mixed Use Overlay Areas (Table LU -6), and add the description of the Uptown Jefferson Specific Plan to the text within the Land Use Element. Circulation Element — The proposed General Plan Amendment would amend the Roadway Plan (Figure C-2) of the Circulation Element of the General Plan, by changing the classification of Jefferson Avenue, north of Winchester Road, from Principle Arterial (6 -lane divided) to Major Arterial (4 -lane divided). The proposed change is consistent with the community's vision, the transition of Jefferson Avenue at the City's corporate boundary with the City of Murrieta, and with the proposed Jefferson Avenue street cross section that is south of Winchester Road. Community Design Element — The proposed General Plan Amendment would add the description of the Uptown Jefferson Specific Plan to the text of the Community Design Element. It would also amend the Community Design Plan (Figure CD -1) by removing Mixed Use Overlay Area No. 1, identifying the intersections of Winchester Road/Jefferson Avenue, Overland Drive/Jefferson Avenue, and Del Rio/Jefferson Avenue as focal intersections, and identifying Jefferson Avenue for a major streetscape improvement. ZONING MAP AND ZONING CODE AMENDMENTS Zoning Designations — The proposed Specific Plan requires a Zoning Map amendment changing the zoning designations of Community Commercial (CC), Highway Tourist Commercial (HT), Service Commercial (SC), Business Park (BP), and Light Industrial (LI) to the designation of Uptown Jefferson Specific Plan. The Specific Plan also requires an amendment to Section 17.16.070 of the Temecula Municipal Code by adding the Uptown Jefferson Specific Plan to the list of approved specific plans. Adult Business Special Use Overlay Zone No. 1 Amendment — The Specific Plan requires an amendment to Chapter 5.09 Adult Business Regulations of the Temecula Municipal Code by removing the Uptown Jefferson Specific Plan boundary from the Special Use Overlay No.1. In 1998, the City adopted the Adult Business Overlay Zone as Special Use Overlay No. 1, which designated commercially -zoned parcels as possible locations for the establishment of adult businesses ("Overlay Zone"). All of the parcels in the Overlay Zone have adequate lighting, sidewalks, access roads, power and other utilities to support a commercial enterprise. Temecula Municipal Code section 5.09.040 requires a 1,000 -foot buffer between adult businesses in the Overlay Zone. In addition, no person shall operate an adult business without first obtaining an adult business license and a modified version of a conditional use permit. At this point, the City does not have any adult businesses operating within its borders. The Specific Plan area overlaps with 58 parcels in the Overlay Zone. Due to concerns about the secondary effects of having adult businesses operate in the proposed Specific Plan area and the incompatibility of land uses, the proposed Specific Plan and the proposed amendment to the Adult Business Ordinance would limit adult businesses to only those portions of the Overlay Zone that are located outside of the proposed Specific Plan area. If the City adopts zoning code and zoning map amendments to remove the parcels located in the proposed Specific Plan area from the Overlay Zone, 426 parcels would remain in the Overlay Zone available for the establishment of adult businesses. The City seeks to remove the Specific Plan area from the boundaries of the Overlay Zone to address the secondary effects of adult businesses. The City is not seeking to regulate free speech, but is concerned about the secondary effects of adult businesses. Research shows that adult businesses tend to attract prostitution, drug use, crime, noise, and disorderly conduct, as well as, reduce property values for the surrounding businesses and residences. Because there are no adult businesses located within the City, evidence of the adverse secondary effects of adult oriented businesses can be found in various studies and reports which have been considered by other municipalities and local governments including, but not limited to: • Eric S. McCord and Richard Tewksbury, Does the Presence of Sexually Oriented Businesses Relate to Increased Levels of Crime? An Examination Using Spatial Analyses, Crime & Delinquency (2012); • Alan C. Weinstein and Richard McCleary, The Association of Adult Businesses with Secondary Effects: Legal Doctrine, Social Theory, and Empirical Evidence, 29 Cardozo Arts & Entertainment Law Journal 565 (2012); • Richard McCleary and Lori Sexton, Testimony on SB 3348 (March 2012); • Jacqueline Reuben, Chris Serio -Chapman, Christopher Welsh, Richard Matens and Susan G. Sherman, Correlates of Current Transactional Sex Among a Sample of Female Exotic Dances in Baltimore, MD, 88 Journal of Urban Health 342 (April 2011); • The Bureau of Business Research, IC Institute, and the Institute of Domestic Violence and Sexual Assault of the University of Texas at Austin, An Assessment of the Adult Industry in Texas (March 2009); • Richard McCleary and Alan C. Weinstein, Do "Off -Site" Adult Businesses Have Secondary Effects? Legal Doctrine, Social Theory, and Empirical Evidence, 31 Law & Policy 217 (April 2009); • Richard McCleary, Rural Hotspots: The Case of Adult Businesses, 19 Criminal Justice Policy Review 153 (2008); • Valerie Jenness, Richard McClearly and James W. Meeker, Crime -Related Secondary Effects of Sexually -Oriented Businesses, Report to the County Attorney Palm Beach County, Florida (August 15, 2007); • Richard McCleary, Crime Related Secondary Effects of Sexually Oriented Businesses: Report to the City Attorney (May 2007); • Department of Planning and Development Director's Report, Adult Cabarets in Seattle (March 2006); • Duncan Associates, Survey of Appraisers Fort Worth & Dallas Effects of Land Uses on Surrounding Property Values (2004); • Report of Richard McCleary in People of the State of Illinois v. The Lion's Den, Inc., In the Circuit Court for the Fourth Judicial District of Illinois, Case Number 04 -CH -26; • Eric Damian Kelly and Connie B. Cooper, Survey, Findings and Recommendations of Sexually Oriented Businesses Toledo, Ohio (August 2002); • David Sherman, Sexually Oriented Businesses: An Insider's View, Proponent Testimony S.B. 251 Ohio Senate Judiciary Committee on Civil Justice (December 2002); • An Insider's View of Sexually Oriented Businesses, Testimony of David Sherman (2000); • Duncan Associates, Sexually -Oriented Business Study Rochester, New York (July 2000); and • National Law Center for Children and Families, NLC Summaries of "SOB Land Use" Studies (1996). These studies and reports establish that adult business often have a harmful effect on nearby businesses and residential areas, causing an increase in crime in both the surrounding neighborhoods and in the adult business establishments themselves, and a decrease in property values. The Uptown Jefferson Specific Plan area is intended to create a unique destination place within the City of Temecula through the careful planning of land uses, public spaces, development standards and public transportation. Uptown Jefferson will be Temecula's newest "destination." Vibrant, sophisticated and unique, the area will be home to a diverse mix of residents of all ages, experiences and interests, living in eclectic, up-and-coming neighborhoods. These neighborhoods in Uptown Jefferson will provide a unique metropolitan experience, rivaled by no other place in the city or region. The neighborhoods will be upscale and culturally robust, each with a distinct character and identity, offering a mix of homes, shops, offices, restaurants and other locally -serving uses. Complemented by an expanded mix of new locally -owned and corporate businesses, collectively they will provide high quality jobs, as well as goods and services to local residents. Temecula Municipal Code section 17.08.020(H) provides that the intent of the Overlay Zone is "to designate areas that adult businesses may be considered" and that this area is "generally away from residential uses and other sensitive uses and is primarily located within the commercial districts." The Specific Plan will add a significant number of new residential units to the Specific Plan Area that has been largely commercial and industrial. The Specific Plan area will include a mix of residences, shops, offices, restaurants and other locally -serving uses. The Specific Plan contemplates that the residential uses will be integrated with the other uses to activate the area during the day, evenings and weekends. The Specific Plan seeks to encourage live/work arrangements, and mixtures of compatible, pedestrian -oriented retail, office, public facilities, open space, and house at activity nodes through urban design standards. The urban neighborhoods in Uptown Jefferson are located within walking distance to a hub of quality and thriving businesses, technologically innovative employment centers, and higher - education facilities. The vibe of Uptown Jefferson will foster creativity, stimulate innovation, and provide a place for community members to work, learn and refashion the world around them. And historically important, locally -owned and operated business and services will continue to thrive, side-by-side with the new wave of entrepreneurial ventures. Uptown Jefferson will also contribute to the local tourism industry with expanded hotel offerings, restaurants and shops. In addition to expanding its service to traditional weekend -oriented tourism, the stronger presence of businesses and corporations will fill hotel rooms and support small conventions and events that occur during the week. The secondary effects of adult businesses would not be appropriate so close to the residential uses within the Specific Plan area. As noted above, the residential uses will be intermingled with commercial uses. The secondary effects associated with adult businesses would not be compatible with the residential uses and would be disruptive to the residents of Uptown Jefferson. The City Council may revise the Overlay Zone to remove the parcels located in the Specific Plan area from the Overlay Zone if it finds that: (1) the sites available to adult businesses are an actual part of the real estate market, and (2) there are an adequate number of sites for adult businesses. 1. The sites available to adult businesses are an actual part of the real estate market. To be part of the actual real estate market, the sites must be zoned for commercial use, available for commercial use, or if zoned for manufacturing or industrial uses, it must be feasible for the sites to be used for commercial uses (i.e., they must be connected to roadways and appropriate infrastructure). The GIS map prepared by staff indicates that 426 commercially - zoned parcels would remain available for adult businesses after removing the parcels in the Specific Plan area from the Overlay Zone. All of these commercially -zoned parcels have adequate access to appropriate infrastructure (e.g., utilities, roads, and sidewalks). In addition, many of the available parcels are actually vacant commercial spaces. These parcels could be developed to support an adult use business. Therefore, the sites available to adult businesses are an actual part of the real estate market. 2. There are an adequate number of sites for adult businesses. There are an adequate number of sites that are within the real estate market to provide a reasonable opportunity for adult businesses to be located in the City. The City has a total population of 108,920. 1.8% of land in the City is available to adult businesses. Even in light of the 1,000 -foot buffer between adult uses, which are required by the Municipal Code, the map indicates that at least 13 adult businesses could simultaneously locate within the Overlay Zone after it is amended to exclude the Uptown Jefferson Specific Plan area from its boundaries. Given the size of the City, the City has never received an application for an adult business,and the fact that the City does not have a single adult business operating within its borders, the available sites are adequate and are part of the real estate market. Thus, there is an adequate number of sites available for adult businesses even if the parcels located within the Specific Plan area are removed from the Overlay Zone. NEW STREETS IN -LIEU FEE As previously discussed, the Specific Plan calls for new internal streets to enhance internal connectivity, mobility and to create more pedestrian friendly and walkable neighborhoods. The new streets will be funded by new development via an in -lieu fee. The fee is based on the overall cost of the new streets and is based on a standard 66 foot street cross section. During the visioning process for the Uptown Jefferson Specific Plan ("Specific Plan"), the community identified the importance of improving the future viability of alternative transportation modes, including walking, biking and transit, and getting people out of their cars. The community also identified the need to improve circulation for all modes of transportation, and ensure that the existing street network is expanded and additional internal street connections are made to sustain the future intensification of the area. As a result of this visioning recommendation, the Specific Plan requires smaller blocks and new streets to achieve and implement the future vision: a multi -modal interconnected street network within the Specific Plan area, which improves circulation for vehicles, bicycles, pedestrian and transit. In towns prior to World War II, streets were commonly designed to accommodate pedestrians. Street layouts were planned to create smaller blocks, which created compact downtowns. This enabled people to easily walk between stores and shops. The best local example of this is the street grid in Old Town. Temecula's growth accelerated during the 1960's, and new development extended north and south of Old Town. The Specific Plan Area was zoned for commercial uses, and excluded residential uses. In the 1960's and 1970's, streets were optimized for automobiles, and were designed to move as many cars as quickly as possible. This was achieved through the use of wide streets, gentle curves and large blocks. Large blocks resulted in fewer intersections and wide straight streets enabled faster traffic speeds. For pedestrians, this resulted in long walking distances on sidewalks that were next to fast moving traffic. Also, wide streets have longer crosswalks, and require more time for pedestrians to cross. The experience of walking on Jefferson Avenue is perceived by pedestrians as not very safe, comfortable or interesting. The future vision for Specific Plan Area is a vibrant, pedestrian -friendly, urban district within the City of Temecula. The goal is to support a mix of uses, including residential. Accordingly, the Specific Plan calls for streets that achieve a better balance between the needs of pedestrians, bicycles, cars and public transit. The creation of smaller blocks in Uptown Jefferson Specific Plan area is a key strategy to achieve a multi -modal street network. Smaller blocks will provide safe, convenient and walkable routes to neighborhood conveniences, parks, and open spaces. Smaller blocks will also support the mobility of those that live, work and play in the Specific Plan Area and help create a destination for those visiting the area. The following objectives in the Specific Plan summarize how the Street, Block and Alley Design Guidelines of the Specific Plan will achieve improved multi -modal mobility, increased circulation and better connectivity within the specific plan area: 1. Expand upon the existing street network to promote a walkable, pedestrian friendly urban environment by adding new streets, blocks and alleys to the current circulation network. 2. Retrofit existing streets to accommodate safe, innovative and comfortable pedestrian and bicycle facilities. 3. Implement new east/west linkages within the specific plan area, across Murrieta Creek. 4. Encourage pedestrian access and connectivity to the future creek trail and planned park/recreation amenity planned on the north end of the project area. 5. Implement additional north/south linkages for vehicles, pedestrian, cyclists and transit, to connect the Specific Plan area to Old Town to the south, and Murrieta to the north. 6. Encourage the development of more logical block shapes, grid patterns, and smaller block sizes, to increase walkability and allow for enhanced way -finding. 7. Encourage greater intersection density by incentivizing the construction of additional streets and smaller blocks as properties redevelop. 8. Create new street frontage and visibility for isolated, landlocked parcels by adding new streets, blocks and alleys to the existing circulation network. The methodology used by Keyser Marston Associates in conducting the nexus study and reaching its conclusions considered the following: 1. Preliminary per linear foot cost estimates of new streets. 2. Build -out projections for the Specific Plan by land use type, i.e., dwelling units, office space, retail space, and hotel rooms. 3. Comparable land and building sales values in the trade area. 4. Nexus amount of financial obligation for new streets that can be attributed to each land use type. 5. Economic impact of the new streets in -lieu fee on new development. The Nexus Study concluded that the nexus -supported new streets in -lieu fee for residential uses is estimated at $12,701 per unit, and for non-residential uses, it is estimated to range between $8.50 and $19.87 per square feet. These in -lieu fees represent Keyser Marston's conclusion as to the nexus between the need for new streets in the Specific Plan Area and development and the nexus between the amount of such a fee and benefit to the development. There is a reasonable relationship between the streets to be paid for by the New Streets In -Lieu Fees, the amount of such fees, and the need for streets generated by the types of development projects within the Uptown Jefferson Specific Plan on which they are imposed. Developers are paying their fair share of the costs of the new streets. As proposed, on July 1 of each year, the adopted New Streets In -Lieu Fees shall be adjusted by the Director of Finance based upon the Construction Cost Index of the Engineering News Record Index. On November 17, 2015, the City Council will hear the Staff Report on the Uptown Jefferson In - Lieu Street Fees, the Ordinance establishing the fee, and the Resolution setting the fee. Then on December 8, 2015, the City Council will hold a continued public hearing and consider the adoption of the Ordinance and Resolution. Economic Impact - The nexus study also analyzed the economic impact of a new fee on new development. For the purposes of the economic impact analysis, a prototypical half -block development site was used for a series of development prototypes that included a range of office, hotel, and mulit-family developments, all of which were assumed to include ground floor retail. The analysis considered the total cost of development for each prototype to determine what percent the nexus supported fee represented of a projects total development cost. It was determined that a fee that represents 3% or less of a projects total development cost was a reasonable amount for which a project could incure and remain economically feasible. The economic impact of the nexus supported fee was estimated to range from 2.8% and 5.6% of development cost. As a result of applying the threashold, the nexus study concluded that implementing the full fee would be economically unfeasible and recommended that the following lower fees be adopted: 1. $6,351 for a Residential Unit; 2. $4.25 per square foot of gross building area for Office Uses; 3. $9.94 per square foot of gross building area for Retail Uses; and 4. $6.23 per square foot of gross building area for Hotel Uses. The economic impact of the recommended fee is estimated to range from 1.4% and 2.8% of a projects development cost. PLANNING COMMISSION RECOMMENDATION On October 21, 2015 staff presented the draft Specific Plan and related General Plan amendments, Zoning amendments, Municipal Code amendments, and Final Programmatic Environmental Impact Report (EIR) to the Planning Commission. The Commission opened the public hearing to allow the community to provide input and for staff to address any PC and community comments delivered at the initial PC hearing, then continued the item until November 4, 2015. At the November 4, 2015 public hearing, the Planning Commission considered all of the action items associated with the Specific Plan including the Specific Plan document, General Plan amendment, Zoning Map amendment, Municipal Code amendment, and Programmatic EIR. The Commission had questions for staff regarding the traffic impact analysis. The Commission requested that staff take a look at adding stronger language that identified certain specific thresholds that would trigger implementation of the previously identified traffic mitigation measures for the intersection of Jefferson Avenue/Winchester Road and the intersection of Rancho California Road/Ynez Road. There were two public speakers representing the property owner of a vacant lot on the North East corner of Sanborn and Madison. Both speakers had questions and concerns regarding inconsistencies between the site's CC&Rs in relation to the proposed Specific Plan's underlying zoning. Overall the Commissioners were very supportive of the proposed plan. The Commission voted 3-0-1-1, one absent and one vacant, recommeding that the City Council adopt the recommendations as presented by staff. ENVIRONMENTAL DETERMINATION The Specific Plan, Zoning Code Amendment, Zoning Map Amendment, and an Amendment to the Temecula Municipal Code revising the Adult Business Overlay boundary by removing it from the Specific Plan area ("proposed Project") was processed, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code § 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs. § 15000 et seq. (collectively referred to as "CEQA"). Pursuant to CEQA, the City is the lead agency for the Specific Plan, as the public agency with both general governmental powers and the principal responsibility for implementing the Specific Plan. On June 2, 2013, in accordance with CEQA Guideline Section 15082, the City published a Notice of Preparation ("NOP") of a Draft Environmental Impact Report ("Draft EIR") and circulated it to governmental agencies, organizations, and persons that may be interested in the proposed Project. The NOP requested that comments on the topics to be analyzed in the Draft EIR for the proposed Project be submitted to the City by July 12, 2013. In response to the NOP, the City received written comments from various individuals and organizations. These comment letters assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR. On June 27, 2013, in accordance with CEQA Guidelines Section 15082(c)(1), the City held a public scoping meeting to obtain comments from interested parties on the scope of the Draft EIR. A Draft EIR was prepared under staff's direction by ESA (State Clearinghouse Number 2013061012) and was distributed to responsible agencies, interested groups, organizations, and individuals. Upon completion of the Draft EIR in March 2015, the City initiated a public comment period by filing a Notice of Completion with the State Office of Planning and Research. The Draft EIR was made available for public review and comment for a period of 45 days. The public review and comment period for the Draft EIR established by the State Clearinghouse commenced on April 2, 2015 and expired on May 18, 2015. A Notice of Completion and Recirculation of a Draft EIR was also sent to adjacent property owners indicating a review period of May 19, 2015 through July 6, 2015. Copies of the documents have been available for public review and inspection at the City of Temecula Community Development Department, Planning Division, located at 41000 Main Street; the Temecula Public Library located at 30600 Pauba Road; the Temecula Grace Mel!man Community Library located at 41000 County Center; the City of Temecula website; and the Envision Jefferson Avenue website. The City also published a Notice of Availability for the Draft EIR on April 4, 2015 in the San Diego Union - Tribune, a newspaper of general circulation in the City. The City received written comments and responded to each comment in the Final Environmental Impact Report (FEIR). A copy of the City's response has been provided to commenting agencies as required by State law. A copy of the Final EIR document has been provided to the City Council. The environmental analysis identified four areas where impacts were not considered to be significant (Greenhouse Gas Emissions and Climate Change, Land Use and Planning, Population and Housing, and Public Services) and nine areas where potentially significant impacts were identified which could be avoided or mitigated. These nine areas include Aesthetics; Biological Resources; Cultural Resources; Geology, Soils, and Seismicity, Hazards and Hazardous Materials; Hydrology and Water Quality; Noise (operational); Transportation and Traffic; and Utilities and Water Supply Assessment. The Final EIR contains mitigation measures for those environmental impacts that can be mitigated to a less than significant impact. Four impact areas were identified as resulting in an unavoidable, significant impact and include Direct Impacts to Air Quality from construction and operations and Direct Impacts to Noise from construction. Cumulative Impacts to Air Quality from construction and operations, and impacts to historic Cultural Resources. In accordance with Section 15093 of the State CEQA Guidelines, the City Council must adopt a Statement of Overriding Consideration prior to approving the Uptown Jefferson Specific Plan. The Statement of Overriding Consideration states that any significant adverse project effects are acceptable if the expected project benefits outweigh unavoidable adverse environmental impacts. The benefits provided through approval of the Uptown Jefferson Specific Plan Project outweigh the unavoidable adverse environmental effects identified in the Final Program EIR. Among the benefits that this proposed project provides the community are expanded economic opportunities through a more active urban downtown, an increased variety in housing types to complement the City's current housing stock, the potential for the addition of a full service hotel to serve the Temecula area, and the potential for significant new employment. FISCAL IMPACT: The Specific Plan identifies the need for restriping existing streets to accommodate future on -street parking and bicycle facilities. These projects are not currently specified in the Capital Improvement Program Budget, but will be added in future years. Approval of these infrastructure improvements and appropriation of funds would occur through separate actions and adoption of the Annual Operating Budget by the City Council. ATTACHMENTS: 1. List of Changes to the May 2015 Draft Uptown Jefferson Specific Plan and Website 2. Draft Resolution No. 15- (EIR Certification) Exhibit A - Findings of Fact Exhibit B - Statement of Overiding Considerations Exhibit C - Mitigation Monitoring and Reporting Program 3. Draft Resolution No. 15- (General Plan Amendments) Exhibit A - Land Use Element Exhibit B - Land Use Policy Map Exhibit C - Community Design Element Exhibit D - Circulation Element 4. Draft Ordinance No. 15- (Zoning Amendments) Exhibit A - Zoning Map Exhibit B - Special Use Overlay Zone No. 1 5. Draft Ordinance No. 15- (New Streets In -Lieu Fee) 6. Draft Resolution No. 15- (New Streets In -Lieu Fee) 7. Planning Commission Staff Reports (October 21, 2015 and November 4, 2015) 8. Notice of Public Hearing 9. Uptown Jefferson Specific Plan which can be downloaded at jhttp://www. cityoftemecula. org/Temecula/Government/Comm Dev/Jefferson+Avenue +Study+Area. htm] 10. Uptown Jefferson Final Environmental Impact Report which can be downloaded at jhttp://www. cityoftemecula. org/Temecula/Government/Comm Dev/Jefferson+Avenue +Study+Area. htm] Summary of proposed changes to the Final Uptown Jefferson Specific Plan 1. Plan Applicability. Language was added to Section C in Chapter 2 to exempt any development and land use proposals within the proposed project area from having to comply with the Specific Plan if a planning application was submitted to and deemed complete by the City's Community Development Department on or before April 28, 2015, but was not yet approved, denied or conditionally approved by the City Council following a recommendation from the Planning Commission. The language further states that the City Council may impose reasonable conditions on a conditional use permit in order to mitigate the impact of the project that would otherwise be incompatible with the allowable uses and development standards under the proposed Uptown Jefferson Specific Plan, including, without limitation, the duration of the incompatible use and architectural design of the project. 2. Administrative Amendments to the Specific Plan. Subsection G.6 in Chapter 2 Plan Administration was added to allow minor administrative amendments to the Specific Plan by the Director of Community Development provided the amendments do not change existing policies and do not change the community's vision or the intended goals and objectives of the Specific Plan. 3. Extension of Legal Non -Conforming Land Uses. Subsection E.3 has been added to allow a property owner to apply for a one-year extension of time beyond the initial 365 day of discontinuance. Additional language has been added to clarify that a fire or other calamity, act of God, or public enemy does not constitute a discontinuance of use. 4. Interpretation. Table 2-1 of Chapter 2 Plan Administration was amended by removing the Interpretation Planning Application to be consistent with the balance of administrative policies in Chapter 2. 5. Land Use Matrix. Table 3-1 was amended by adding "Religious Institutions without a School or Daycare" as a permitted use in all zoning districts, "Office" as a permitted use in the Creekside Village District, and uses for health, fitness, dance, martial arts studios that are less than 5,000 square feet as a permitted use. 6. Land Uses Not Listed. A sentence was added to Section B in Chapter 3 Land Use and Development Standards, which requires the Director of Community Development determination for land uses not listed in Table 3-1. 7. Parking Requirements. Table 3-9 was amended by increasing the parking requirement for a "Residential" use from 1.5 spaces per unit to 1.75 spaces per unit to be more consistent with market demands. The parking requirement for Religious Institutions was added to Table 3-9. RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION WITH THE ADOPTION OF THE UPTOWN JEFFERSON SPECIFIC PLAN THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Uptown Jefferson Specific Plan ("Specific Plan") has been initiated and prepared on behalf of the City of Temecula. The Specific Plan area is approximately 2.3 miles long and encompasses approximately 560 acres. The Specific Plan area is located north of Rancho California Road, west of Interstate 15, south of Cherry Street, and east of Diaz Road. The Specific Plan area is divided into six zoning districts: Uptown Center District, Uptown Hotel/Tourism District, Uptown Sports/Transit District, Uptown Arts District, Creekside Village District and the Murrieta Creek Recreation and Open Space District. In addition, there are two overlay zones: Creekside Village Commercial Zone and the Wilder Hills Residential Overlay Zone. It is projected that approximately 5.5 million square feet of new development could be constructed in the Specific Plan area within twenty years. This includes approximately 1.7 million square of feet of commercial development, 315 new hotel rooms and 3,726 new residential dwelling units. B. The adoption of the Specific Plan also includes a General Plan Amendment, a Zoning Code Amendment to add the Specific Plan area, a Zoning Map Amendment to change the zoning classification of the properties located within the Specific Plan area, and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone (collectively referred to as the "Project"). C. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code § 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs. § 15000 et seq. (collectively referred to as "CEQA"). Pursuant to CEQA, the City is the lead agency for the Specific Plan, as the public agency with both general governmental powers and the principal responsibility for implementing the Specific Plan. D. On June 2, 2013, in accordance with CEQA Guideline Section 15082, the City published a Notice of Preparation ("NOP") of a Draft Environmental Impact Report ("Draft EIR") and circulated it to governmental agencies, organizations, and persons that may be interested in the proposed Project. The NOP requested that comments on the topics to be analyzed in the Draft EIR for the proposed Project be submitted to the City by July 12, 2013. E. In response to the NOP, the City received written comments from various individuals and organizations. These comment letters assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR. F. On June 27, 2013, in accordance with CEQA Guidelines Section 15082(c)(1), the City held a public scoping meeting to obtain comments from interested parties on the scope of the Draft EIR. G. The City's consultants thereafter prepared, in accordance with State CEQA Guidelines Section 15168, a Draft EIR for the proposed Project (State Clearinghouse Number 2013061012). H. Upon completion of the Draft EIR in March 2015, the City initiated a public comment period by filing a Notice of Completion with the State Office of Planning and Research on April 1, 2015. The public comment period commenced via the State Clearing House from April 2, 2015 through May 18, 2015. A Notice of Completion and Recirculation of a Draft EIR was also sent to adjacent property owners indicating a review period of May 19, 2015 through July 6, 2015. Copies of the documents have been available for public review and inspection at the City of Temecula Community Development Department, Planning Division, located at 41000 Main Street; the Temecula Public Library located at 30600 Pauba Road; the Temecula Grace Mellman Community Library located at 41000 County Center; the City of Temecula website; and the Envision Jefferson Avenue website. The City also published a Notice of Availability for the Draft EIR on on April 4, 2015 in the San Diego Union -Tribune, a newspaper of general circulation in the City. In response to the Draft EIR, written comments were received from various agencies, individuals, and organizations. The City responded to all written comments. Those comments and the responses thereto are included as part of the Final Environmental Impact Report/Response to Comments document ("Final EIR"). The Final EIR consists of the Draft EIR, Comments and Responses to Comments, the Mitigation Monitoring and Reporting Program, and the Errata listing changes made to the Draft EIR in response to comments. J. Pursuant to Public Resources Code section 21092.5, the City provided its responses to all persons, organizations, and agencies who commented on the Draft EIR. K. On October 21, 2015 and November 4, 2015, at duly noticed public hearings as prescribed by law, the Planning Commission considered the proposed Project and any comments received prior to or at the public hearings, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project and the EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 15-26 recommending that the City Council certify the Final EIR prepared for the proposed Project, adopt Findings pursuant to the California Environmental Quality Act, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the proposed Project. The Planning Commission also adopted Resolution No. 15-27, thereby recommending that the City Council take various actions, including adopting General Plan Amendment, Zoning Code and Zoning Map amendments related to the approval of the proposed Project. L. Section 15091 of the State CEQA Guidelines requires that the City, before approving a project for which an EIR is required, make one or more of the following written finding(s) for each significant effect identified in the EIR accompanied by a brief explanation of the rationale for each finding: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR; or, 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or, 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. M. Section 15093 of the State CEQA Guidelines requires that if a project will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts. N. Environmental impacts identified in the Final EIR that are found to be less than significant and do not require mitigation are described in Section III and IV of Exhibit A to this Resolution. Exhibit A, Findings and Facts in Support of Findings, is hereby incorporated by reference as if set forth in full herein. O. Environmental impacts identified in the Final EIR that are found to be less than significant through the imposition of mitigation are described in Section V of Exhibit A to this Resolution. P. Environmental impacts identified in the Final EIR as potentially significant but which cannot be fully mitigated to a less than significant level despite the imposition of all feasible mitigation measures are described in Section VI of Exhibit A to this Resolution. Q. Alternatives to the proposed Project that might eliminate or reduce significant environmental impacts are described in Section VII of Exhibit A of this Resolution. R. A discussion of the proposed Project benefits identified by City staff and a Statement of Overriding Considerations for the environmental impacts that cannot be fully mitigated to a less than significant level are set forth in Exhibit B to this Resolution, which is hereby incorporated by reference as if set forth in full herein. S. Public Resources Code section 21081.6 requires the City to prepare and adopt a Mitigation Monitoring and Reporting Program for any project for which mitigation measures have been imposed to ensure compliance with the adopted mitigation measures. The Mitigation Monitoring and Reporting Program is attached to this Resolution as Exhibit C, and is hereby incorporated by reference as if set forth in full herein. T. On Novebmer 17, 2015, the City Council of the City of Temecula considered the proposed Project including the Specific Plan, the General Plan Amendments, the Zoning Code Amendments and Zoning Map Amendment, and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone the Draft EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The City Council considered all the testimony and any comments received regarding the proposed Project, the Draft EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations prior to and at the public hearing. SECTION 2. Substantive Findings. The City Council of the City of Temecula, California does hereby: A. Declare that the City Council has independently considered the administrative record before it, which is hereby incorporated by reference and which includes the Final EIR, the written and oral comments on the Draft EIR, staff reports and responses to comments incorporated into the Final EIR, and all testimony related to environmental issues. B. Determine that the Final EIR fully analyzes and discloses the potential impacts of the proposed Project, and that those impacts have been mitigated or avoided to the extent feasible for the reasons set forth in the Findings attached hereto as Exhibit A, with the exception of those impacts found to be significant and unmitigable as discussed therein. C. Declare that prior to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data in the administrative record including the Final EIR, and all oral and written testimony presented to it during meetings and hearings. The City Council finds the Final EIR is an accurate and objective statement that fully complies with CEQA, State CEQA Guidelines and the City's local CEQA Guidelines. The Final EIR reflects the independent judgment of the City Council and is deemed adequate for purposes of making decisions on the merits of the proposed Project and related actions. The City Council further finds that the additional information provided in the staff reports, in comments on the Draft EIR, the responses to comments on the Draft EIR, and the evidence presented in written and oral testimony does not constitute new information requiring recirculation of the Draft EIR or additional review of the Final EIR under CEQA. None of the information presented has deprived the public of a meaningful opportunity to comment upon a substantial environmental impact of the proposed Project or a feasible mitigation measure or alternative that the City has declined to implement. The minor modifications to the Final EIR do not require adiditonal public review because there has not been a substantial increase in the severity of any environmental impacts. SECTION 3. Certification of the Final EIR. The City Council hereby certifies the Final EIR as being in compliance with CEQA. The City Council further adopts the findings pursuant to CEQA as set forth in Exhibit A attached hereto and incorporated herein by reference; adopts the Statement of Overriding Considerations as set forth in Exhibit B attached hereto and incorporated herein by reference; and adopts the Mitigation Monitoring and Reporting Program attached hereto as Exhibit C and incorporated herein by reference. The City Council further determines that all of the findings made in this Resolution (including Exhibit A) are based upon the information and evidence set forth in the Final EIR and upon other substantial evidence that has been presented at the hearings before the Planning Commission and the City Council, and in the record of the proceedings. The City Council further finds that each of the overriding benefits stated in Exhibit B, by itself, would justify proceeding with the proposed Project despite any significant unavoidable impacts identified in the Final EIR or alleged to be significant in the record of proceedings. SECTION 4. The City Council hereby imposes as a condition on the proposed Project each mitigation measure specified in Exhibit C, and directs City staff to implement and to monitor the mitigation measures as described in Exhibit C. SECTION 5. Custodian of Records. The City Clerk of the City of Temecula is the custodian of records, and the documents and other materials that constitute the record of proceedings upon which this decision is based are located at the Office of the City Clerk, City of Temecula, 41000 Main Street, Temecula, California 92590. This information is provided in compliance with Public Resources Code Section 21081.6. SECTION 6. Severability. The City Council hereby declares that the provisions of this Resolution are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Resolution to be invalid, such decision shall not affect the validity of the remaining parts of this Resolution. SECTION 7. Certification and Effective Date. The City Clerk shall certify to the adoption of this Resolution which shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 17th day of November, 2015. Jeff Comerchero, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 15- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 17th day of November, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT A Findings and Facts in Support of Findings I. Introduction. The California Environmental Quality Act, Public Resources Code § 21000, et seq. ("CEQA") and the State CEQA Guidelines, 14 Cal. Code Regs. § 15000, et seq. (the "Guidelines") provide that no public agency shall approve or carry out a project for which an environmental impact report has been certified that identifies one or more significant effects on the environment caused by the project unless the public agency makes one or more of the following findings: A. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effects identified in the Program Environmental Impact Report (EIR). B. Such changes or alterations are within the responsibility of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. C. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Program EIR.1 Pursuant to the requirements of CEQA, the City Council of the City of Temecula hereby makes the following environmental findings in connection with the proposed Uptown Jefferson Specific Plan, the General Plan Amendment, a Zoning Code Amendment to add the Specific Plan area, a Zoning Map Amendment to change the zoning classification of the properties located within the Specific Plan area, and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone (the "Project"), as more fully described in the Final Program EIR. These findings are based upon written and oral evidence included in the record of these proceedings, comments on the Draft Program EIR and the written responses thereto, and reports presented to the Planning Commission and the City Council by City staff and the City's environmental consultants. II. Project Objectives. As set forth in the Program EIR, objectives that the City of Temecula seeks to achieve with this Project (the "Project Objectives") are as follows: A. Create a vibrant locale by providing a mix of land uses including housing, commercial/retail, office, higher education institutions, hotels and other tourist -oriented uses, cultural uses, and open space and recreational opportunities. Cal. Pub. Res. Code § 21081; 14 Cal. Code Regs. § 15091. A-1 B. Strengthen opportunities for economic development in the Specific Plan area by building upon existing assets as well as encouraging new public and private investment in the area that attracts high -wage, quality employment opportunities and higher education facilities. C. Establish a distinct identity for the Specific Plan area by beautifying Jefferson Avenue and making it "Temecula's Great Street." D. Identify and establish interrelated, compatible districts and neighborhoods with their own unique identities. E. Develop a signage strategy for wayfinding, neighborhood/district identification, and gateway monumentation that emphasizes the distinct character of the area's location, natural setting, and built environment. F. Create a form -based code to guide future development that allows greater density, increased building heights, design standards for architecture, street character and public realms, and flexible urban parking standards. G. Establish an efficient and interconnected multi -modal mobility network through circulation and transit improvements, including the French Valley Interchange, Overland Drive Extension, Rancho Way Extension, Jefferson Avenue Streetscape Beautification, and working with Regional Transit Authority (RTA) on the siting of a new transit center. H Enhance bicycle and pedestrian mobility in the Specific Plan area through the development of human -scaled streets, blocks, and alleys as well as incorporating public plazas and providing links with open spaces and recreational amenities. 1. Ensure that new development in the Specific Plan area is adequately served by utilities. III. Effects Determined to be Less Than Significant/No Impact in the Initial Study The City of Temecula conducted an Initial Study in May 2013 to determine significant effects of the Project. In the course of this evaluation certain impacts were found to be less than significant due to the inability of a project of this scope to create such impacts or the absence of project characteristics producing effects of this type. The following issue areas were determined not to be significant for the reasons set forth in the Initial Study and were not analyzed in the EIR: (A) Agriculture and Forest Resources; (B) Mineral Resources; and (C) Recreation. Impacts related to the following issue areas were found to be potentially significant and were studied in the Program EIR: (A) Aesthetics; (B) Air Quality; (C) Biological Resources; (D) Cultural Resources; (E) Geology and Soils; (F) Greenhouse Gas Emissions and Climate Change; (G) Hazards and Hazardous Materials; (H) Hydrology and Water Quality; (I) Land Use and Planning; (J) Noise; (K) Population and Housing; (L) Public Services; (M) Transportation and Traffic ; and (N) Utilities and Services A-2 A. On June 6, 2013, in accordance with CEQA Guideline Section 15082, the City published a Notice of Preparation (NOP) of a Draft EIR and circulated it to governmental agencies, organizations, and persons that may be interested in the Project, including land owners, tenants, and business owners within the boundaries of the Uptown Jefferson Specific Plan, and land owners and tenants located within 600 feet of the Specific Plan boundaries. The NOP requested comments by July 12, 2013. On June 27, 2013, in accordance with CEQA Section 21083.9 of the State CEQA Guidelines, the City sponsored a public scoping meeting to obtain comments from interested parties on the scope of the Draft EIR. Comments received on the NOP included: the scope of traffic impact analysis and potential traffic impacts; scope of the air quality and greenhouse gas emissions analyses; impacts to public services and utilities, including the adequacy of water supply for the Project; impacts to Native American cultural resources and outreach with the Native American tribes in the area; impacts to biological resources, including consideration of the Project's proximity to Murrieta Creek and its location within the Western Riverside County Multiple Species Habitat Conservation Plan area; and consistency with local and regional land use plans, including the Regional Transportation Plan and Sustainable Communities Strategy goals. No comments were received on areas other than those found to be potentially significant in the Initial Study. IV. Effects Determined to be Less Than Significant Without Mitigation in the Program EIR The Draft Program EIR completed in March 2015 found that the proposed Project would have a less than significant impact without the imposition of mitigation measures on a number of environmental topic areas. The less than significant environmental impact determination was made for each of the following topic areas listed below, based on the more expansive discussions contained in the Program EIR. A. Greenhouse Gas Emissions and Climate Change 1. The Project would not generate Greenhouse Gas (GHG) emissions, either directly or indirectly, that may have a significant impact on the environment. 2. The Project would not conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of GHGs. B. Land Use and Planning 1. The Project would not physically divide an established community. 2. The Project would not conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the Project adopted for the purpose of avoiding or mitigating an environmental effect. 3. The Project would not conflict with any applicable habitat conservation plan or natural community conservation plan. A-3 C. Population and Housing 1. The Project would not induce substantial population growth in an area, either directly or indirectly. 2. The Project would not displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. 3. The Project would not displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. D. Public Services 1. The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or create a need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: • Fire protection; • Police protection; • Schools; • Parks; or • Other public facilities. 2. The Project would not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facilities would occur or be accelerated. 3. The Project would not include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. V. Potentially Significant Environmental Impacts Determined to be Mitigated to a Less Than Significant Level The Draft Program EIR identified the potential for the Project to cause significant environmental impacts in the areas of aesthetics; air quality; biological resources; cultural resources; geology, soils and seismicity; hazards and hazardous materials; hydrology and water quality; noise; transportation and traffic; and utilities and water supply assessment. With the exception of specific impacts to air quality (construction and operations), noise (construction), and cumulative impacts to air quality and A-4 cultural resources, discussed in Section VI below, measures have been identified that would mitigate all of the impacts to the topic areas identified above to a less than significant level. The City Council finds that the feasible mitigation measures for the Project identified in the Final Program EIR would reduce the Project's impacts to a less than significant level, with the exception of those unmitigable impacts discussed in Section VI below. The City Council adopts all of the feasible mitigation measures for the Project described in the Final Program EIR as conditions of approval of the Project and incorporates those into the Project, as discussed more fully in Exhibit C. A. Aesthetics 1. New Source of Light and Glare The Project has the potential to increase the intensity and density of development throughout the Project area, which could result in increased light and glare sources. In addition, although the Project would be consistent with the Riverside County Ordinance No. 655 and implement measures to reduce light and glare, given the proposed density and intensity of the Project, new development could substantially increase nighttime light sources. As described below, these impacts can be mitigated to less than significant levels. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measure described below, which ensure that the Project's potential light and glare impacts remain less than significant. Mitigation Measure MM -AES -1: The following light and glare standards shall be applied to all future development within the Specific Plan area: • The applicant shall ensure that all lighting fixtures contain "sharp cut-off' fixtures, and shall be fitted with flat glass and internal and external shielding. • The applicant shall ensure that site lighting systems shall be grouped into control zones to allow for opening, closing, and night light/security lighting schemes. All control groups shall be controlled by an automatic lighting system utilizing a time clock, photocell, and low voltage relays. • The applicant shall ensure that design and layout of the site shall take advantage of landscaping, on-site architectural massing, and off—site architectural massing to block light sources and reflection from cars. • Prior to the issuance of construction permits for a project -specific development within the Project area that includes outdoor lighting, the applicant shall submit an outdoor lighting plan and photometric plan to be reviewed and approved by the City of Temecula. The lighting plan shall be in compliance with Ordinance No. 655 as A-5 adopted by the Riverside County Board of Supervisors and shall include, but not be limited to, the following information and standards: o Light fixtures shall not exceed 4,050 lumens; o Light fixtures shall be fully shielded so that light rays emitted by the fixtures are projected below the horizontal plan passing through the lowest point of the shield. o A map showing all lamp locations, orientations, and intensities, including security, roadway, and task lighting; o Specification of each light fixture and each light shield; o Total estimated outdoor lighting footprint, expressed as lumens per acre; and o Specification of motion sensors and other controls to be used, especially for security lighting. • The City shall conduct a post -installation inspection to ensure that the site is in compliance with the design standards in Mitigation Measure MM -AES -1 and Riverside County Ordinance No. 655. • The use of highly reflective construction materials on exterior wall surfaces shall be prohibited. The exterior of permitted buildings shall be constructed of materials such as high performance tinted non -mirrored glass, painted metal panels and pre -cast concrete or fabricated wall surfaces. b) Facts in Support of Findings The Project will be required to comply with existing Riverside County Ordinance No. 655 requiring lighting to be shielded, directed down to avoid glare onto adjacent properties and emit low levels of glare into the sky. In addition, the Project would discourage large surface parking areas, which can be a primary source of daytime glare, and would increase landscaping throughout the area, which would provide additional shielding from lighting and glare; likely reducing the overall amount of light and glare that is currently produced in the Project area. With the implementation of MM -AES -1 (above), potential light and glare impacts associated with the Project will be less than significant. B. Air Quality 1. Localized Construction Emissions Future project -level development construction activities associated with the implementation of the Project would not have a significant localized impact when construction activities: 1) would require no more than a maximum of six pieces of heavy-duty diesel equipment operating concurrently for eight hours per day; 2) involve no more than a maximum daily A-6 amount of 3,500 cubic yards of dirt handling associated with grading activities; 3) require no more than 10 miles of onsite travel by haul trucks per day; and 4) involve an onsite storage (soil) pile of no more than 0.02 acres. It is possible that project -level development could exceed these construction activity thresholds, resulting in a significant localized air quality impact. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measure described below, to ensure that construction emissions from project -level development are less than significant. Mitigation Measure MM -AIR -3: Prior to City approval of an individual development project that would have the construction equipment and activity listed below, a project - specific LST analysis that identifies the resulting construction emissions shall be prepared using either SCAQMD's LST screening tables (for projects that are less than five acres) or dispersion modeling (for projects that exceed five acres in size) . Where it is determined that construction emissions would exceed the applicable LSTs or the most stringent applicable federal or state ambient air quality standards, the project shall reduce its daily construction intensity (e.g., reducing the amount of equipment used daily, reducing the amount of soil graded/excavated daily, etc.) to a level where the project's construction emissions would no longer exceed SCAQMD's LSTs or result in pollutant emissions that would cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standards. • Requires more than a maximum of six pieces of heavy-duty diesel equipment operating concurrently for eight hours per day; • Involves more than a maximum daily amount of 3,500 cubic yards of dirt handling associated with grading activities; • Requires more than 10 miles of on-site travel by haul trucks per day; and, • Involves an on-site storage (soil) pile of more than 0.02 acres. b) Facts in Support of Findings Implementation of the Project could exceed air quality standards during construction if grading activities exceeded certain levels of activity resulting in localized air quality impacts. However, implementation of Mitigation Measures MM -AIR -1a through MM- AIR-ld, and MM -AIR -3 would reduce potential impacts to a less than significant level. 2. Operational Sources of Toxic Air Contaminants As the entire eastern boundary of the Project area is located adjacent to I-15, there could potentially be new residential uses that would be located within 500 feet of this freeway. A-7 Consequently, the Project could potentially expose sensitive receptors to Toxic Air Contaminants (TACs) from mobile sources on I-15 to an extent that health risks could result. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measure described below, to ensure that TACs on sensitive receptors located within the Project site are less than significant. Measure MM -AIR -4: Prior to City approval of future project -specific residential developments within the Project area and located within 500 feet of I-15, a health risk assessment (HRA) shall be conducted to evaluate the health risks to these residential developments associated with TACs from the mobile sources traveling along the portion of I-15 that is adjacent to the Project area. Based on the findings in the HRA, appropriate measures shall be taken, if necessary, to reduce the cancer risk resulting from TAC - exposure from I-15 to below 10 in one million for the maximally -exposed individual. These measures may include, but are not limited to, relocating the residential development beyond 500 feet of the freeway or implementation of appropriate Minimum Efficiency Reporting Value (MERV) filters at the residential development. b) Facts in Support of Findings Implementation of the Project could expose sensitive receptors to TACs that exceed air quality standards. However, implementation of Mitigation Measures MM -AIR -4 would reduce potential impacts to a less than significant level. C. Biological Resources 1. Special Status Species, Sensitive Species, or Candidate Species The proposed Project has the potential to impact special status species within the Uptown Jefferson Specific Plan area. Development occurring as a result of the Project could result in direct and indirect impacts to special -status plants including disturbing or removing the plants or their habitat during construction. Construction equipment could introduce invasive weeds that could out -compete special status plants. All impacts to special status plants would be considered significant. Additionally, impacts to raptors and other migratory birds include direct loss of potential foraging and nesting habitat. Potential impacts to burrowing owl habitat would include loss of foraging and nesting (i.e., burrowing) habitat. Burrowing owls present during grading and other construction related activities have the potential to be killed or displaced through burrow collapse and other impacts. A-8 Lastly, future development could result in adverse effects to vernal pools and special -status vernal pool species (fairy shrimp) that may occur in flat, open areas between the developed portions of the Project site and Murrieta Creek. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below, to ensure that the Project's potential impacts to special status species remain less than significant. Mitigation Measure MM -BIO -1: Prior to any ground -disturbing activities for individual development projects, pre -construction clearance surveys shall be conducted in accordance with Section 6.0 of the Multiple Species Habitat Conservation Plan (MSHCP) for special -status plant species in suitable habitat areas that will be subject to ground - disturbing activities. The surveys will be conducted in the appropriate season. All special - status plant species observed shall be marked and afforded a level of protection within 100 feet of the construction footprint, per the terms and conditions of the MSHCP. As appropriate, the special -status or habitats of concern mapping within the construction limits shall be updated. A biologist will provide verification and report through memorandum to the Western Riverside County Regional Conservation Authority (RCA) Monitoring Program Administrator. Mitigation Measure MM -BIO -2: Impacts to raptors and other migratory birds shall be avoided by the implementation of one of the following measures: • All construction and ground disturbing activities shall take place outside of the raptor breeding season (February 1 -August 30). • If construction and ground disturbing activities are necessary during the breeding season (February 1 -August 30), a focused survey for active nests of raptors and migratory birds shall be conducted by a biologist (a person possessing a bachelors in science with a minimum of one year nest survey experience performing raptor surveys). The survey shall occur a maximum of 14 days prior to any construction or ground -disturbing activities. If active nest(s) (with eggs or fledglings) are identified within the project site, (CDFW for state listed species, species of special concern, and MSHCP covered species; USFWS for birds covered under the Migratory Bird Treaty Act and listed species) they shall not be disturbed until the young have hatched and fledged (matured to a state that they can leave the nest on their own). A 500 -foot construction setback from any active nesting location shall be adhered to in order to avoid disturbance of the nest until the young have fledged or the nest has failed, as determined by a qualified biologist. If no active nests are identified, construction may commence. Mitigation Measure MM -BIO -3: Future development that occurs outside of land designated as Developed/Disturbed on Figure 3.3-1 of the Draft EIR, which depicts A-9 vegetation communities within the Project area, shall be surveyed by a qualified biologist (i.e., knowledgeable in burrowing owl biology) using MSHCP approved burrowing owl survey protocols within 30 days prior to construction to determine presence/absence of burrowing owl. If no burrowing owls are identified on the project site during these pre - construction surveys, no additional mitigation is necessary and construction can commence. If burrowing owl(s) are found on-site, the City and RCA will be notified. The following species-specific mitigation actions would be required if burrowing owls are found: • Since a burrowing owl is a covered species under the MSHCP, adequate conservation of the species and its habitat are achieved through participation in the MSHCP. Avoidance of the active burrow(s) is the preferred method to reduce potential impacts to burrowing owl to a less than significant level. • However, if the Project cannot avoid the active burrow(s), owls within active burrow(s) may be evicted with the use of one-way doors and passively relocated to suitable habitat with natural or artificial burrows within 100 meters of the proposed project site, as regulated by the RCA. • If eviction/passive relocation is not feasible, preparing and implementing an active translocation plan, if appropriate and approved by the RCA and CDFW that includes identifying a receptor site for the owl(s), may also be acceptable. • However, if 3 or more pairs of burrowing owls are observed on 35 -plus acres of suitable habitat, onsite conservation of the habitat is required by the MSHCP in accordance with Section 6.3.2 of the MSHCP Plan. Onsite conservation of habitat will be negotiated between the project applicant and the RCA through a Determination of Biologically Equivalent or Superior Preservation (DBESP) and/or a Habitat Assessment and Negotiation Strategy (HANS) application. Mitigation Measure MM -BIO -4: The specific MSHCP conservation objectives for fairy shrimp shall be met through implementation of the Riparian/Riverine Areas and Vernal Pools Policy presented in Section 6.1.2 of the MSHCP. Prior to City approval of an individual development project located outside of land designated as Developed/Disturbed on Figure 3.3-1, an assessment of the construction footprint shall be conducted to determine whether suitable wetlands or seasonally inundated habitats (vernal pools, stock ponds, ephemeral ponds, impoundments, road ruts, or other human - modified depressions) currently exist within the construction footprint. Wetland mapping assembled as part of that policy shall be reviewed as part of the project review process and, if suitable fairy shrimp habitat is identified on the wetland maps and cannot be avoided, a single -season dry or wet season survey for fairy shrimp species shall be conducted by a qualified biologist in accordance with the sampling methods described in the 1996 USFWS Interim Survey Guidelines to Permittees for Recovery Permits under A-10 Section 10(a)(1)(A) of the Endangered Species Act for the Listed Vernal Pool Branchiopods. If survey results are positive, a certain percentage of the occupied portions of the property that provide for long-term conservation value for the fairy shrimp shall be conserved. The MSHCP provides general guidance which suggests ninety percent of the occupied portions of the site shall be conserved and ten percent of the occupied portions allowed for development under the MSHCP; however, the required conservation/impact ratio shall be determined by the RCA on a project -by -project basis. If listed branchiopods are detected, then the following restrictions and protection will be implemented to avoid or minimize impacts to the resource during construction: Seasonal Vernal Pool Work Restriction. For seasonal avoidance of special -status vernal pool branchiopods and vernal pool -dependent species (e.g., western spadefoot toad), the contractor will not work within 250 feet of aquatic habitats suitable for these species (e.g., vernal pools and other seasonal wetlands) from October 15 to June 1 (corresponding to the rainy season), or as determined through informal or formal consultation with the RCA Monitoring Program Administrator and/or USACE. Ground -disturbing activities may begin once the habitat is no longer inundated for the season. If any work remains to be completed after October 15 exclusion fencing and erosion control measures will be placed at the vernal pools (or other seasonal wetlands) by the contractor under supervision of a biologist. The fencing will act as a buffer between ground -disturbing activities and the vernal pools and other seasonal wetlands as determined through consultations with the RCA Monitoring Program Administrator, and/or USACE. The biologist will document compliance with the fencing requirement through a memorandum submitted to the RCA Monitoring Program Administrator. Implement and Monitor Vernal Pool Protection. If temporary impacts can be avoided, the vernal pool(s) will be protected by erecting exclusion fencing. The contractor, under the supervision of the project biologist, will erect and maintain the exclusion fencing. Resource agency consultations with the RCA Monitoring Program Administrator and/or USACE will occur as needed. If vernal pools and/or listed branchiopods are detected, and an avoidance alternative is not feasible, then the following measures shall be implemented: Determination of Biologically Equivalent or Superior Preservation (DBESP). In accordance with Section 6.1.2 of the MSHCP, a DBESP shall be prepared as part of an individual development project approval by the City to ensure replacement of any lost functions and values of habitat as it relates to vernal pools and listed branchiopods. The DBESP shall contain a mitigation strategy, subject to the approval of the RCA, which may contain on-site habitat creation and conservation, or off-site A-11 land acquisition in an approved mitigation bank for vernal pools and listed branchiopods; each is described below. On-site Habitat Creation. Should an avoidance alternative not be feasible, vernal pool basins and watershed shall be created on-site at a replacement ratio of 1:1, subject to the approval of the RCA. If on-site restoration is infeasible, an appropriate off-site location will be selected that exhibits the appropriate vernal pool soil conditions. The required off-site replacement ratio shall be determined by the RCA based on the specifics of the project. Vernal pool restoration sites shall be conserved in perpetuity through a conservation easement, deed restriction, or other appropriate mechanism. Specifications for the creation of habitat and a long-term monitoring program (typically five years, complete with success criteria) shall be included in the DBESP. Off-site Land Acquisition. Should both an avoidance alternative and habitat creation not be feasible, then off-site land acquisition in an approved mitigation bank for vernal pools and listed branchiopods shall be implemented at a replacement ratio of 1:1, subject to the approval of the RCA. The required replacement ratio shall be determined by the RCA on a project -by -project basis. Mitigation through off-site acquisition shall occur by purchasing vernal pool mitigation credits at the Barry Jones (aka Skunk Hollow) Wetland Mitigation Bank. Mitigation Measure MM -BIO -5: Prior to any ground -disturbing activities associated with individual development projects, a biologist shall conduct a visual and acoustic survey for roosting bats according to accepted protocol. The biologist will contact the RCA Monitoring Program Administrator and/or CDFW if any hibernation roosts or active nurseries are identified within the construction footprint. The biologist will submit a memorandum documenting compliance to the RCA Monitoring Program Administrator. Bat Exclusion and Deterrence. During ground -disturbing activities, if individual or groups of bats are found within the construction footprint, the bats shall be safely excluded by either opening the roosting area to change lighting and airflow conditions, or by installing one-way doors, or other appropriate methods specified by the RCA Monitoring Program Administrator and/or CDFW. The contractor will leave the roost undisturbed by project -related activities for a minimum of one week after implementing exclusion and/or eviction activities. The contractor will not implement exclusion measures to evict bats from established maternity roosts. The biologist will submit a memorandum documenting compliance to the RCA Monitoring Program Administrator. b) Facts in Support of Findings Although, implementation of the proposed Project could result in impacts to special status species as discussed above, implementation of Mitigation Measures MM -BIO -1 A-12 through MM -BIO -5 which require pre -construction and construction biological surveys, measures to protect species and habitat if they are encountered, and compliance with the MSHCP, potential impacts to special status species, sensitive species, or candidate species would be minimized to a less than significant level. 2. Impacts to Critical Habitat, Sensitive Vegetation Communities, and Jurisdictional Waters including Wetlands and Riparian Habitat The proposed Project has the potential to impact critical habitat and sensitive vegetation communities within the Jefferson Specific Plan area. a) Findings Changes or alterations have been required in, or incorporated into the Project, including the mitigation measures described below, to ensure that the Project's potential impacts to critical habitat and sensitive vegetation communities remain less than significant. Mitigation: Implement Mitigation Measures MM -BIO -1 and MM -BIO -4. b) Facts in Support of Findings Implementation of the Project could result in impacts to vernal pool resources in undeveloped portions of the Project area or could affect areas of wetland habitat that exist within the Project boundaries. However, implementation of Mitigation Measures MM - BIO -1 and MM -BIO -4 which require biological surveys and MSHCP vernal pool protection implementation measures would minimize potential impacts to a less than significant level. D. Cultural Resources (Archaeological and Paleontological) 1. Impacts to Archaeological Resources The proposed Project has the potential to impact archaeological resources located within the Uptown Jefferson Specific Plan area. The records search indicated that a total of nine archaeological resources are located within one mile of the Project area. Three (CA -RW -644, -717, and -1727H) are located within the Project area. Two of these resources (CA -RW -644 and -717) are prehistoric archaeological sites, and one (CA -RW -1727H) is a historic -period archaeological site. None have been evaluated for their eligibility for listing in the California Register or local historic register. Therefore, the Project area has moderate to high potential for significant impacts to archaeological resources. a) Findings A-13 Changes or alterations have been required in, or incorporated into the Project, including the mitigation measure described below, to ensure that the Project's potential impacts to archaeological resources remain less than significant. Mitigation Measure MM -CUL -1: Individual development projects or other ground disturbing activities such as installation of utilities, shall be subject to a Phase I cultural resources inventory on a project -specific basis prior to the City's approval of project plans. The study shall be carried out by a qualified archaeologist, defined as an archaeologist meeting the Secretary of the Interior's Standards for professional archaeology, and shall be conducted in consultation with the Pechanga Band of Luisefio Indians. The cultural resources inventory would consist of: a cultural resources records search to be conducted at the Eastern Information Center; scoping with the Native American Heritage Commission (NAHC) and with interested Native Americans identified by the NAHC; a pedestrian archaeological survey where deemed appropriate by the archaeologist; and recordation of all identified archaeological resources on California Department of Parks and Recreation 523 forms. If potentially significant cultural resources are encountered during the survey, the City shall require that the resources are evaluated for their eligibility for listing in the California Register of Historical Resources and for significance as a historical resource or unique archaeological resource per CEQA Guidelines Section 15064.5. Recommendations shall be made for treatment of these resources if found to be significant, in consultation with the City and the Pechanga Band of Luisefio Indians. Per CEQA Guidelines Section 15126.4(b)(3), project redesign and preservation in place shall be the preferred means of mitigation to avoid impacts to significant cultural resources, including prehistoric and historic archaeological sites, locations of importance to Native Americans, human remains, historical buildings, structures and landscapes. Methods of avoidance may include, but shall not be limited to, project re-route or re -design, project cancellation, or identification of protection measures such as capping or fencing. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C), if it is demonstrated that resources cannot be avoided, the qualified archaeologist shall develop additional treatment measures, which may include data recovery or other appropriate measures, in consultation with the City and the Pechanga Band of Luisefio Indians. The City shall conduct consultation with the Pechanga Band of Luisefio Indians on a project -specific basis. In addition, the project proponent shall retain archaeological monitors and Native American monitors from the Pechanga Band of Luiseno Indians during ground - disturbing activities that have the potential to impact significant cultural resources as determined by a qualified archaeologist in consultation with the City. During project -level construction, should prehistoric or historic subsurface cultural resources be discovered, all activity in the vicinity of the find shall stop and a qualified archaeologist, in consultation with the Pechanga Band of Luisefio Indians, will be contacted to assess the significance of the find according to CEQA Guidelines Section A-14 15064.5. If any find is determined to be significant, the archaeologist shall determine, in consultation with the City and the Pechanga Band of Luisefio Indians, appropriate avoidance measures or other appropriate mitigation. Per CEQA Guidelines Section 15126.4(b)(3), project redesign and preservation in place shall be the preferred means to avoid impacts to significant cultural resources. Methods of avoidance may include, but shall not be limited to, project re-route or re -design, project cancellation, or identification of protection measures such as capping or fencing. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C), if it is demonstrated that resources cannot be avoided, the qualified archaeologist shall develop additional treatment measures in consultation with the City, which may include data recovery or other appropriate measures, in consultation with the Pechanga Band of Luiseno Indians. All significant cultural materials recovered will be, as necessary and at the discretion of the consulting archaeologist and in consultation with the Pechanga Band of Luisefio Indians, and any other local Native American groups expressing interest, subject to scientific analysis, professional museum curation, and documentation according to current professional standards. Mitigation Measure MM -CUL -2: Project -level development involving ground disturbance and containing structures 50 years old or older shall be subject to a historic built environment survey, and potentially historic structures shall be evaluated for their potential historic significance, prior to the City's approval of project plans. The survey shall be carried out by a qualified historian or architectural historian meeting the Secretary of the Interior's Standards for Architectural History. Consultation with the Pechanga Band of Luisefio Indians shall also occur during the evaluation. If potentially significant resources are encountered during the survey, demolition or substantial alteration of such resources identified shall be avoided. If avoidance of identified historic resources is deemed infeasible, the City shall require the preparation of a treatment plan to include, but not limited to, photo -documentation and public interpretation of the resource. The plan will be submitted to the City for review and approval prior to implementation. b) Facts in Support of Findings Future development under the Project could significantly impact archaeological sites and/or sites of traditional cultural value to tribes; and structures 50 years old or older. Development occurring under the Project has the potential to result in significant impacts to these resources. However, implementation of Mitigation Measure MM -CUL -1 requires consultation with the Pechanga Band of Luisefio Indians, a qualified archeologist to be on-site during ground disturbance activities, and identifies protections measures to be implemented in the event resources are discovered. Also, Mitigation Measure MM -CUL - 2 requires a historic build environment survey prior to City approval of any development plans. These mitigation measures would minimize impacts to a less than significant level. A-15 2. Paleontological Resources The proposed Project is underlain by the Pauba Formation and younger and older Quaternary Alluvium. The Pauba Formation and older Quaternary Alluvium have high paleontological sensitivity and therefore the potential to cause a significant impact on paleontological resources. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measure described below, to ensure that the Project's potential impacts to paleontological resources remain less than significant. Mitigation Measure MM -CUL -3: For project -level development involving ground disturbance, a qualified paleontologist shall be retained to determine the necessity of conducting a study of the project area(s) based on the potential sensitivity of the project site for paleontological resources. If deemed necessary, the paleontologist shall conduct a paleontological resources inventory designed to identify potentially significant resources. The paleontological resources inventory would consist of: a paleontological resources records search to be conducted at the San Bernardino County Museum and/or other appropriate facilities; a field survey where deemed appropriate by the paleontologist; and recordation of all identified paleontological resources. The paleontologist shall provide recommendations regarding additional work for the project. Impacts to significant paleontological resources, if identified, shall be avoided. In addition, the project proponent shall retain paleontological monitors during construction for ground -disturbing activities that have the potential to impact significant paleontological resources as determined by a qualified paleontologist. In the event that paleontological resources are discovered, the project proponent will notify a qualified paleontologist. The paleontologist will document the discovery as needed, evaluate the potential resource, and assess the significance of the find under the criteria set forth in CEQA Guidelines Section 15064.5. If fossil or fossil bearing deposits are discovered during construction, excavations within 50 feet of the find will be temporarily halted or diverted until the discovery is examined by a qualified paleontologist, in accordance with Society of Vertebrate Paleontology standards. The paleontologist will notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If avoidance is determined to be infeasible, the qualified paleontologist shall implement a paleontological mitigation program. At each fossil locality, field data forms shall be used to record pertinent geologic data, stratigraphic sections shall be measured, appropriate sediment samples shall be collected and submitted for analysis, and any other activities necessary for the timely and professional documentation and removal of fossils. Any fossils encountered and recovered shall be prepared to the point of identification, A-16 catalogued, and donated to a public, non-profit institution with a research interest in the materials. Accompanying notes, maps, and photographs shall also be filed at the repository. b) Facts in Support of Findings The potential exists for significant paleontological resources to be located beneath the ground surface in the Project area. Construction activities could result in the inadvertent discovery and damage of these paleontological resources, which would be a significant impact. However, Temecula's General Plan (implementation measure OS -26) requires that a paleontologist be retained to observe grading activities in areas where the probable presence of paleontological resources is identified. Implementation of Mitigation Measure MM -CUL -3 will ensure any potential impacts to paleontological resources are minimized to be less than significant. 3. Impacts to unidentified Human Remains The proposed Project has the potential to cause an impact to human remains in the event human remains are discovered. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below, to ensure that the Project's potential impacts unidentified human remains remain less than significant. Mitigation Measure MM -CUL -4: Project -level development involving ground disturbance within the Project area shall address the potential discovery and proper treatment of human remains, which is always a potential in areas that have not been previously disturbed or only partially disturbed through prior development. The City shall require that if human remains are uncovered during project construction, work in the vicinity of the find shall cease and the Riverside County coroner shall be contacted to evaluate the remains, following the procedures and protocols set forth in Section 15064.5 (e)(1) of the CEQA Guidelines. If the County coroner determines that the remains are Native American, the coroner will contact the Native American Heritage Commission, in accordance with Health and Safety Code Section 7050.5, subdivision (c), and Public Resources Code 5097.98 (as amended by AB 2641). The NAHC will then designate a Most Likely Descendent of the deceased Native American, who will engage in consultation to determine the disposition of the remains. b) Facts in Support of Findings The archaeological site record for site CA -RW -644 has indicated that human remains near the site had been identified eroding out of the bank of a nearby creek, possibly Santa Gertrudis, and were recovered by public employees in the early 1970s (Humbert and A-17 Hammond, 1973) and ground -disturbing construction conducted throughout the Project area that is associated with implementation of the Project could result in damage to previously unidentified human remains. However, this impact would be minimized to less than significant by implementation of Mitigation Measure MM -CUL -4. 4. Cumulative Impacts to Cultural Resources The Project could cause cumulative impacts to cultural resources including archaeological resources, fossils and human remains. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below to ensure that the Project's cumulative impacts to cultural resources remain less than significant. Mitigation: Implement Mitigation Measures MM -CUL -1, MM -CUL -2, MM -CUL -3 and MM -CUL -4. b) Facts in Support of Findings The analysis in the Program EIR includes several mitigation measures to reduce potential Project impacts to cultural resources during construction of the Project. Should other projects in the cumulative scenario not implement similar measures, the cumulative scenario could result in a significant cumulative impact; however, the Project, with mitigation, would not contribute to the cumulative impact. Therefore, with implementation of Mitigation Measures MM -CUL -1, MM -CUL -2 and MM -CUL -4, the Project's contribution to cumulative impacts on cultural resources would not be cumulatively considerable. Excavation activities associated with the Project in conjunction with other projects in the area could contribute to the progressive loss of fossil remains, as -yet unrecorded fossil sites, associated geological and geographic data, and fossil bearing strata. However, the Project would have a less than significant impact to paleontological resources with incorporation of Mitigation Measure MM -CUL -3. With the implementation of this measure, the Project's contribution to cumulative impacts on paleontological resources would not be cumulatively considerable. Should other projects in the cumulative scenario not implement similar measures, the cumulative scenario could result in a significant cumulative impact through progressive damage or loss of potentially significant fossils; however, the Project, with mitigation, would not have a considerable contribution to the cumulative impact. Furthermore, implementation of Mitigation Measure MM -CUL -4 would mitigate the Project's potential to disturb any human remains, including those interred outside of A-18 formal cemeteries, and the Project's contribution to cumulative impacts on human remains would not be cumulatively considerable. E. Geology, Soils and Seismicity 1. Impacts to soil erosion The Project has the potential to cause an impact on water quality or waste discharge upon construction and operation of developments within the project area. Construction could include grading and other earth moving activities exposing soils to erosion, which could lead to erosion and runoff. In addition, the incremental increase of development over the span of 20-30 years is likely to contribute to pollution such as motor oil or fertilizers being washed away during rainfall or when a street, walkway, or parkway surface is being cleaned. a) Findings Changes or alterations have been required in or incorporated into the Project including the mitigation measures described below, to ensure that the Project's potential impacts associated with soil erosion are less than significant. Mitigation: Implement Mitigation Measures MM -HYD -1 and MM -HYD -2. b) Facts in Support of Findings Construction activities associated with future development could disturb soils that are protected by vegetation or expose soils covered by asphalt or concrete, resulting in soil erosion and loss of topsoil. As detailed in MM -HYD -1 and MM -HYD -2, individual development projects occurring during Project implementation would be required to implement the construction best management practices (BMPs), as detailed in the Storm Water Pollution Prevention Plan (SWPPP) as required by the Construction General Permit under the National Pollution Discharge Elimination System Program for sites greater than one acre and each individual development project would be required to prepare a Water Quality Management Plan (WQMP) as required by the City. These mitigation measures will reduce soil impacts to less than significant. F. Hazards and Hazardous Materials 1. Construction activities occurring under the Project may occur on sites containing contamination, which could result in releases of hazardous materials As noted in the Program EIR, a number of sites within the Specific Plan area have been impacted by petroleum hydrocarbons from leaking underground storage tanks or other chemical constituents such as solvents associated with dry cleaning operations that could expose individuals to hazardous conditions resulting from exposure of contaminated soils or A-19 groundwater. Exposure of residents to underground hazardous wastes is considered a potentially significant impact. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below, to ensure that the Project's potential impacts associated with hazards and hazardous materials are less than significant. Mitigation Measure MM-HAZ-la: For individual development projects within the Project area, the applicant shall retain a qualified environmental consulting firm to conduct a Phase I Environmental Site Assessment in accordance with ASTM standard E1527-05 prior to building permit approval. Any recommendations made in the Phase I report as well as any remediation as required by the overseeing agency shall be completed prior to commencement of any construction activities. Mitigation Measure MM-HAZ-lb: Any subsurface materials exposed during construction activities that appear suspect of contamination, either from visual staining or suspect odors, shall require immediate cessation of excavation activities and notification of the Riverside County Department of Environmental Health. Soils suspected of contamination through visual observation or from observed odors, shall be segregated from other soils and placed on and covered by plastic sheeting and characterized for potential contamination in accordance with direction received from the County. If contamination is found to be present, any further proposed groundbreaking activities within areas of identified or suspected contamination shall cease and shall not resume until a site specific health and safety plan, prepared by a licensed professional and approved by Department of Environmental Health, has been completed and submitted to the City. Mitigation Measure MM-HAZ-lc: Any groundwater generated during construction dewatering shall be contained and profiled in accordance with Regional Water Quality Control Board (RWQCB) or Temecula Valley Regional Water Reclamation Facility requirements depending on whether water will be discharged to storm drains or sanitary sewers. Any water that does not meet permitted requirements by these two agencies shall be transported offsite for disposal at an appropriate facility, or treated, if necessary to meet applicable standards, prior to discharge in accordance with approval from the RWQCB or Temecula Valley Regional Water Reclamation Facility. b) Facts in Support of Findings Some of the listed sites in the Project area have been closed indicating that there is no longer any contamination at levels that could adversely affect human health or the environment. Investigations and remediation efforts are generally required by overseeing agencies such as the County's Hazardous Materials Program, RWQCB, and the DTSC, A-20 which establish cleanup levels according to existing or proposed uses. In general, soils contaminated from releases of petroleum hydrocarbons associated with underground storage tanks (USTs) are found in limited areas around the origin of release and do not migrate very far offsite. Further, implementation of Mitigation Measures MM-HAZ-la through MM-HAZ-lc will reduce potential impacts related to hazardous materials to less than significant levels. G. Hydrology and Water Quality 1. Violate any water quality standards or waste discharge requirements Construction of the Project would require demolition of existing structures, pavement breaking, ditching, and excavation; these activities could expose and loosen building materials and sediment, which has the potential to mix with storm water runoff and degrade surface water quality. Furthermore, construction would require the use of heavy equipment and construction -related chemicals, such as concrete, cement, asphalt, fuels, oils, antifreeze, transmission fluid, grease, solvents and paints. These potentially harmful materials could be accidentally spilled or improperly disposed of during construction and could wash into and pollute surface waters or groundwater, which would result in a significant impact to water quality. In addition, chemicals used during the operation of the new commercial and residential structures could potentially discharge into surface waters either directly or during storm water runoff events, resulting in degradation of surface water quality. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below, to ensure that the Project's potential impacts to water quality associated with construction and operation is reduced to less than significant. Mitigation Measure MM -HYD -1: Development construction that disturbs one acre or more individually shall comply with the NPDES Construction General Permit regulations in effect at the time so as not to violate any water quality standards or waste discharge requirements. Compliance with the Construction General Permit would include filing of a Notice of Intent with the SWRCB and the preparation of a SWPPP incorporating construction BMPs for control of erosion and sedimentation contained in stormwater runoff. Development construction that disturbs less than one acre individually shall comply with the MS4 permit issued by the SDRWQCB in effect at the time so as not to violate any water quality standards or waste discharge requirements. Compliance with the MS4 permit for construction projects disturbing less than an acre would require the preparation of a construction BMP plan detailing erosion, sediment, and waste management control BMPs to be implemented throughout construction to be submitted and approved by the City of Temecula. A-21 Mitigation Measure MM -HYD -2: As a condition of approval, each future development project will be required to generate a project -specific Water Quality Management Plan (WQMP), as required by the City of Temecula Stormwater Ordinance and as specified in the City's Jurisdictional Runoff Management Plan, which will ensure that the project implements specific water quality features to meet the City's MS4 Permit and Stormwater Ordinance requirements. Potential BMPs required by the WQMP include non-structural, structural, source control and treatment control BMPs or a combination thereof. This WQMP shall be reviewed and approved by the City of Temecula prior to the issuance of a building or grading permit. b) Facts in Support of Findings Implementation of a SWPPP and water quality -related BMPs described in Mitigation Measure MM -HYD- 1 and MM -HYD -2 would ensure that construction -related impacts on water quality, including potential harmful materials accidentally spilled or improperly disposed of during construction and could wash into and pollute surface waters or groundwater, would be less than significant. In addition, future developments will be required to generate a project -specific WQMP, which will reduce impacts to surface waters, either directly or during storm water runoff events, from the use of chemicals, to less than significant levels. 2. Impacts from Stormwater Runoff a) Findings Both construction and operation of the Project could result in impacts related to stormwater runoff. Construction of the proposed development within the Project area would require activities such as pavement breaking, ditching, and excavation, which could temporarily alter the existing site's ground surface and drainage patterns, which could result in significant impacts related to stormwater runoff. In addition, new development within the Project area and changes in the extent of permeable or impermeable surfaces would alter the direction and volume and rate of overland flows during both wet and dry periods and could result in increases in stormwater runoff. Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below, to ensure that the Project's potential impact associated with stormwater runoff is less than significant. Mitigation: Implement Mitigation Measure MM -HYD -1; and Mitigation Measure MM -HYD -3: As a condition of approval, each future development project will be required to generate a project -specific Drainage or Hydrology Study, as required by the City of Temecula Stormwater Ordinance and as specified in the City's A-22 Jurisdictional Runoff Management Plan, which will ensure that the project implements specific hydromodification features to meet the City's MS4 Permit and Stormwater Ordinance requirements. Potential hydromodification features identified may include detention or infiltration basins (i.e., intercept, store, infiltrate, evaporate, and evapotranspire). The project -specific Drainage or Hydrology Study shall be reviewed and approved by the City of Temecula prior to the issuance of a building or grading permit. b) Facts in Support of Findings Although construction and operation of the Project has the potential to have significant impacts associated with stormwater runoff, Mitigation Measures MM -HYD- 1 and MM - HYD -3 would reduce impacts to less than significant. As part of Mitigation Measure MM -HYD- 1, compliance with the NPDES Construction General Permit for construction disturbing greater than an acre and compliance with the MS4 permit in effect at the time of construction for construction disturbing less than an acre would minimize temporary increases in stormwater runoff per the implementation of BMPs. In addition, adherence to requirements found in the MS4 permit in effect at the time of construction, as outlined in MM -HYD -3, would ensure no substantial increases in stormwater runoff occur during operation of the Project. Impacts would be less than significant with mitigation. 3. Drainage System Capacity Related to Construction and Operation. a) Findings Construction of the proposed development within the Project area would require activities such as pavement breaking, ditching, and excavation, which could temporarily alter the existing site's ground surface and drainage patterns, which could result in significant impacts related to stormwater runoff that exceed the capacity of the existing drainage system. In addition, new development within the Project area and changes in the extent of permeable or impermeable surfaces would alter the direction, volume and rate of overland flows during both wet and dry periods and could result in increases in stormwater runoff that exceed the capacity of the existing drainage. Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below, to ensure that the Project's potential impacts related to drainage system capacity are less than significant. Mitigation: Implement Mitigation Measure MM -HYD- 1 and Mitigation Measure MM -HYD -3. b) Facts in Support of Findings As part of Mitigation Measure MM -HYD -1, compliance with the NPDES Construction General Permit for construction disturbing greater than an acre and compliance with the MS4 permit in effect at the time of construction for construction disturbing less than an A-23 acre would minimize temporary increases in stormwater runoff per the implementation of BMPs. As a result, construction activities would not result in runoff that would exceed the capacity of the adjacent existing drainage system capacity. In addition, as part of Mitigation Measure MM -HYD -3, each future development project will be required to generate a project -specific Drainage or Hydrology Study, as required by the City of Temecula Stormwater Ordinance and as specified in the City's Jurisdictional Runoff Management Plan. Adherence to requirements found in the MS4 permit in effect at the time of construction, as outlined in Mitigation Measure MM -HYD - 3, would ensure no substantial increases in stormwater runoff would occur such that the existing capacity of storm water drainage systems would not be exceeded. Impacts would be less than significant with mitigation. H. Noise and Vibration (operations) 1. Operational Noise New development within the Project area may introduce noise levels that could exceed the City's exterior noise standards at existing properties that are located adjacent to and/or near the new development sites. Specifically, new development within the Project area could expose nearby sensitive receptors to noise levels exceeding 5 dBA over ambient levels due to operation of heating, ventilating, and air conditioning (HVAC) equipment. a) Findings Changes or alterations have been required in or incorporated into the Project, including the following mitigation measures that reduce the potential noise impacts to sensitive receptors to less than significant. Mitigation Measure MM-NOI-3: For project -specific development, the applicant shall provide evidence to the City that operational noise levels generated by the development would not exceed the City's permissible exterior noise standards. If City noise standards would be exceeded, design measures shall be taken to ensure that operational noise levels would be reduced to levels that comply with the permissible City noise standards. These measures may include, but are not limited to, the erection of noise walls, use of landscaping, and/or the design of adequate setback distances for the new developments. Mitigation Measure MM-NOI-4a: Individual development projects shall minimize noise impacts from mechanical equipment, such as ventilation and air conditioning units, by locating equipment away from receptor areas, installing proper acoustical shielding for the equipment, and incorporating the use of parapets into building design to ensure that noise levels do not exceed the ambient noise level on the premises of existing development by more than five decibels. A-24 Mitigation Measure MM-NOI-4b: Prior to City approval of a residential development project within the Project area, the applicant shall provide documentation to the City that all exterior windows associated with a proposed residential development will be constructed to provide a sufficient amount of sound insulation to ensure that interior noise levels would be below an Ldn or CNEL of 45 dB in any habitable room. b) Facts in Support of Findings Under the Project, new land uses that would occur in the Project area include residential, commercial, office, and mixed-use developments. These new developments may introduce noise levels that could exceed the City's exterior noise standards at existing properties that are located adjacent to and/or near the new development sites. However, for project -specific development, the applicant shall provide evidence to the City that operational noise levels generated by the development would not exceed the City's permissible exterior noise standards and implement measures to reduce noise levels, per Mitigation Measure MM-NOI-3. In addition, to ensure that the nearby noise -sensitive uses to the Project site would not be adversely affected by any HVAC equipment noise, Mitigation Measure MM-NOI-4a would be implemented, which prohibits noise from HVAC equipment from exceeding the ambient noise level on the premises of other occupied properties by more than 5 dBA. In order to ensure that the future residents in the Project area would not be adversely affected by operational noise associated with mechanical equipment from adjacent properties, Mitigation Measure MM-NOI-4b would be implemented to ensure that all exterior windows associated with the proposed residential uses would be constructed such that sufficient sound insulation is provided to ensure that interior noise levels would be below a Ldn or CNEL of 45 dBA in any residential unit. 2. Noise/Land Use Compatibility With changes in the community noise environment in the Project area over the course of the Project's buildout period, the new development projects proposed in the Project area may not meet the applicable noise/land use compatibility noise standards established by the City. a) Findings Changes or alterations, including the mitigation measure described below, have been required in or incorporated into the Project that ensure land use compatibility impacts are reduced to less than significant. Mitigation Measure MM-NOI-5: Prior to City approval of a project -specific development within the Project area, the applicant shall provide evidence to the City that the City's noise/land use compatibility standards are met for the land use being developed. Measures that can be taken to ensure compliance with the City's noise/land A-25 use compatibility standards include, but are not limited to, the erection of noise walls, use of landscaping, use of window insulation (double -paned glazing), and/or, where applicable, the design of adequate setback distances. b) Facts in Support of Findings Implementation of Mitigation Measure MM-NOI-5 would require all future development associated with the Project to be considered on a case-by-case basis to ascertain whether an individual development would violate the City's noise/land use compatibility standards and, where necessary, implement measures to ensure compliance with the City's standards. Therefore, with implementation of this mitigation measure, this impact would be reduced to a less -than -significant level. I. Transportation and Traffic 1. Impacts on Circulation System from Existing (2013) Plus Project Traffic Conditions The Project would result in significant impacts at the following intersections under the Existing (2013) Plus Project Conditions: • Ynez Road & Winchester Road • Nicholas Road & Winchester Road a) Findings Changes or alterations, including the mitigation measure described below, have been required in or incorporated into the Project that reduce traffic impacts under the Existing (2013) Plus Project Conditions to less than significant. Mitigation Measure MM -TRA -1: The City shall monitor the performance of the intersections listed below on an on-going basis and ensure that signal timing optimization occurs at these intersections prior to or concurrent with Proj ect-related development that would increase the AM peak -hour delay by more than two seconds. • Ynez Road & Winchester Road — AM peak hour (Project's fair -share contribution for this mitigation measure is 10 percent) • Nicholas Road & Winchester Road — AM peak hour (Project's fair -share contribution for this mitigation measure is 5 percent) Prior to the issuance of the initial building permit for each project -specific development within the Project area, the applicant shall pay its fair share, as determined by the City, toward the signal timing optimization for the intersections listed herein. A-26 b) Facts in Support of Findings After implementation of Mitigation Measure MM -TRA -1, the intersection at Ynez Road & Winchester Road would operate at an acceptable LOS D (delay = 37.1 seconds). The intersection at Nicholas Road & Winchester Road would operate at LOS E with delay improved to 55.8 seconds (i.e., better than under existing conditions). Impacts would be less than significant. 2. Impacts on Circulation System under Future Year (2035) Plus Project Conditions. The Project would result in significant impacts at the following intersections under Future Year (2035) Plus Project conditions: • Jefferson Avenue at Cherry Street/Proposed French Valley Parkway — AM peak hour • Winchester Road at Murrieta Hot Springs Road — AM peak hour • Old Town Front Street and Temecula Parkway — AM peak hour a) Findings Changes or alterations, including the mitigation measure described below, have been required in or incorporated into the Project that reduce traffic impacts under the Future Year (2035) Plus Project Conditions to less than significant. Mitigation Measure MM -TRA -2: The City shall monitor the performance of the intersections listed below on an on-going basis and ensure that the following improvements occur at these intersections prior to or concurrent with Project -related development that would increase the AM peak -hour delay by more than two seconds. • At the intersection of Jefferson Avenue at Cherry Street / Proposed French Valley Parkway, the westbound approach lane shall be re -configured from one left turn lane, two through lanes, and a shared through -right turn lane to two left turn lanes, one through lane and one shared lane (Project's fair -share contribution is 10 percent). • At the intersection of Winchester Road and Murrieta Hot Springs Road, add a right - turn overlap traffic signal phase to the southbound direction (Project's fair -share contribution is 5 percent). • At Old Town Front Street and Temecula Parkway, add an exclusive right -turn lane to the northbound direction (Project's fair -share contribution is 5 percent). A-27 b) Facts in Support of Findings Prior to the issuance of the initial building permit for each project -specific development within the Project area, the applicant shall pay its fair share, as determined by the City, toward the improvements for the intersections listed herein. In addition, after implementation of Mitigation Measure MM -TRA -2, operations during the AM peak hour at the intersection of Jefferson Avenue at Cherry Street/Proposed French Valley Parkway would improve to an acceptable LOS C (delay = 31.4 seconds). The intersection at Winchester Road and Murrieta Hot Springs Road would continue to operate at an unacceptable LOS F during the AM peak hour; however, delay would improve to 92.6 seconds, which is better than pre -project conditions. Finally, AM peak hour operations at Old Town Front Street and Temecula Parkway would improve to LOS E (delay = 61.7 seconds), which while an unacceptable service level, would be better than pre -project conditions. Therefore, impacts would be less than significant. J. Utilities and Water Supply Assessment 1. Water and Wastewater Treatment Facilities Expansion and Capacity Buildout of the Project would result in the need for larger diameter or parallel sewer lines for three lengths of sewer pipe within the Project area, and the need to increase the capacity of the Temecula Valley RWRF to handle an additional 0.8 mgd of wastewater flow; the construction of which could result in significant environmental effects. a) Findings Changes or alterations, including the mitigation measures described below, have been required in or incorporated into the Project that reduce impacts related to treatment facility expansion and capacity to less than significant. Mitigation Measure MM-UTL-la: Prior to the issuance of construction permits for a project -specific development within the Project area, the project applicant shall pay its fair share of Eastern Municipal Water District mitigation fees to upsize the impacted sewer pipelines at Jefferson Avenue, via Montezuma and Del Rio Road. Mitigation Measure MM-UTL-lb: Prior to the issuance of construction permits for a project -specific development within the Project area, the project applicant shall pay Eastern Municipal Water District's then in effect Financial Participation Charge associated with obtaining sewer service. b) Facts in Support of Findings The additional wastewater flow need for implementation of the Project would necessitate a future capacity expansion which would result in the construction of new wastewater A-28 treatment facilities or expansion of existing facilities, which would be significant impacts. However, payment of mitigation fees and other fees to the Eastern Municipal Water District as described in Mitigation Measures MM-UTL- la and MM-UTL-lb would reduce the potential impacts to less than significant. 2. Impacts to Stormwater Drainage Facilities Buildout of the Project would result in the need for the construction of new storm water drainage facilities or expansion of existing facilities; the construction of which could result in significant environmental effects. a) Findings Changes or alterations, including the mitigation measures described below, have been required in or incorporated into the Project that reduce impacts to stormwater drainage facilities to less than significant. Mitigation: Implement Mitigation Measure MM -HYD -2 and MM HYD -3 b) Facts in Support of Findings As a part of the WQMP implemented by Mitigation Measure MM -HYD -2, the Project would be required to incorporate low impact development (LID) best management practices (BMPs) into Project design, which include measures to reduce increases in runoff through hydromodification and infiltration protection. In addition, adherence to requirements found in the MS4 permit in effect at the time of construction, would ensure no substantial increases in on-site or off-site storm water runoff would occur and cause significant environmental effects. Lastly, Mitigation Measure MM -HYD -3 would minimize potential permanent increases in stormwater runoff during operation of the development. With the incorporation of Mitigation MM -HYD -2 and MM -HYD -3, impacts to stormwater drainage facilities will be less than significant. VI.Environmental Effects that Remain Significant and Unavoidable After Mitigation In the environmental areas of air quality, noise and cultural resources, there are instances where potential environmental impacts would remain significant and unavoidable, as discussed below. A. Air Quality (Construction and Operations) 1. Violation of Air Quality Standards — Construction Construction activities associated with implementation of the Project would violate air quality standards related to ROG and NOx emissions and would result in significant air quality impacts at the Program EIR level. A-29 a) Findings Specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the Program EIR. Changes or alterations have been required in, or incorporated into the Project that avoid or substantially lessen the potential significant environmental effect as identified in the Program EIR. Although the following Mitigation Measures will be implemented to lessen the short term air quality impacts, none were identified that could reduce the impacts to below the level of significance and therefore impacts still will remain potentially significant. Mitigation Measure MM -AIR -la: Future project -level development shall incorporate the following mitigation measures to minimize emissions of NOx associated with construction activities for the Project: • Construction activities shall require the use of 2010 and newer diesel haul trucks (e.g., material delivery trucks and soil import/export) to the extent feasible. Under conditions where it is determined that 2010 model year or newer diesel trucks are not readily available or obtainable for a project, the applicant shall be required to provide this evidence to the City and shall instead use trucks that meet USEPA 2007 model year NOx emissions requirements.' • Off-road diesel -powered construction equipment greater than 50 horsepower (hp) shall meet USEPA Tier III off-road emissions standards. In addition, construction equipment shall be outfitted with BACT devices certified by CARB. A copy of each unit's certified tier specification, BACT documentation, and CARB or SCAQMD operating permit shall be provided at the time of mobilization of each applicable unit of equipment. Under conditions where a newer or alternative technology becomes available in the future that would result in either equivalent or larger reductions in NOx emissions than the use of tiered construction equipment, that technology shall be applied. Where alternatives to USEPA Tier III equipment are chosen for a project, the applicant shall be required to show evidence to the City that comparable NOx emissions reductions that are no less than what could be achieved by a Level 3 diesel 2 CARB's On -Road Heavy -Duty Diesel Vehicle (In -Use) Regulation requires the phase-in of 2010 model year engines or equivalent by January 1, 2023. Under this regulation, PM and NOx emissions are projected to be reduced by approximately 3 tons per day and 88 tons per day, respectively, in 2023. Whereas trucks that meet 2007 model year NOx emissions requirements are estimated to reduce NOx emissions by at least 40 percent in engines that are certified to the 2004 through 2006 model year heavy-duty diesel engine emissions standard, trucks that meet 2010 model year NOx emissions requirements are estimated to reduce NOx emissions by at least 85 percent in engines that are certified to the 2004 through 2006 model year heavy-duty diesel engine emissions standard. 3 As the 2010 model year engines or equivalent would be gradually phased in over time in California, these engines may not always be readily available for the construction activities associated with the Project. As such, under these circumstances the USEPA 2007 model year NOx emissions standards, which were scheduled to be phased -in for heavy-duty highway engines between 2007 and 2010, would be used instead. A-30 emissions control strategy for a similarly sized engine as defined by CARB regulations would be achieved. • After January 1, 2015, off-road diesel -powered construction equipment greater than 50 hp shall meet the Tier IV emission standards, where available. Under conditions where it is determined that equipment meeting Tier IV emission standards are not readily available or obtainable for a project, the applicant shall be required to provide this evidence to the City and shall instead use USEPA Tier III equipment. In addition, construction equipment shall be outfitted with BACT devices certified by CARB. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations. A copy of each unit's certified tier specification, BACT documentation, and CARB or SCAQMD operating permit shall be provided at the time of mobilization of each applicable unit of equipment. Mitigation Measure MM -AIR -lb: Future project -level development shall incorporate the following in the construction specifications of a development project: • Require that construction -related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than five minutes. • Require that construction operations rely on the electricity infrastructure surrounding the construction site rather than electrical generators powered by internal combustion engines to the extent feasible. Mitigation Measure MM -AIR -lc: Future project -level development shall document project construction emissions prior to City approval of a project. If it is shown that a development would generate construction -related VOC emissions exceeding SCAQMD's threshold, the architectural coatings phase for that project shall use coatings and solvents with a VOC content lower than that required under SCAQMD Rule 1113. Mitigation Measure MM-AIR-ld: The City shall encourage all construction contractors to apply for SCAQMD "SOON" funds, which provides funds to accelerate clean-up of off-road diesel vehicles such as heavy-duty construction equipment. b) Facts in Support of Findings The Program EIR analysis of the Project determined that under an estimated worst-case construction scenario, implementation of the Project would result in significant air quality impacts associated with ROG and NOx emissions. Additionally, under potential conditions where one or more of the construction phases shown in EIR Table 3.2-6 overlap, these pollutant emissions could be even higher. While implementation of A-31 Mitigation Measures MM -AIR -la through MM-AIR-ld would reduce the emissions of ROG and NOx that are analyzed for the worst-case construction scenario evaluated in the Program EIR, these emissions would not be reduced to below SCAQMD's thresholds for the two respective criteria pollutants. Therefore, for the analysis of the Project's worst- case scenario, impacts from construction ROG and NOx emissions would be significant and unavoidable. 2. Violation of Air Quality Standards — Operations Operational activities associated with implementation of the Project would violate air quality standards related to ROG emissions and would result in significant air quality impacts at this program level. a) Findings As the regulation of ROG emissions from consumer products is beyond the City's control, no feasible mitigation is currently available to reduce the amount of ROG emissions generated under the Project to the extent that these emissions would remain below be above the SCAQMD's recommended threshold; thus, this impact remains significant and unavoidable. b) Facts in Support of Findings When the operational ROG emissions of the Project are compared to that of the existing land uses, the primary emissions source contributing to the net increase in ROG emissions is associated with area sources, which include emissions generated from architectural coatings (reapplication of coatings on structures over time), consumer products, natural gas fireplaces/stoves, and landscaping. Amongst these area sources, the majority (75 percent) of the estimated ROG emissions generated by the Project were associated with the use of consumer products by the new residents in the Project area.4 The estimated net daily emissions of ROG during operation of the new land uses associated with the Project would exceed the SCAQMD's regional significance threshold. As the regulation of ROG emissions from consumer products is beyond the City's control, no feasible mitigation is currently available to reduce the amount of ROG emissions generated under the Project to the extent that these emissions would be above the SCAQMD's recommended threshold. Thus, this impact would be significant and unavoidable. 3. Cumulative Impacts to Air Quality Consumer products are defined in CalEEMod to be chemically formulated products used by household consumers that include, but is not limited to, detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialty products. A-32 As the Basin is currently classified as a state non -attainment area for ozone, NO2, PM10, and PM25, cumulative development consisting of the Project along with other reasonably foreseeable future projects in the Basin as a whole could violate an air quality standard or contribute to an existing or projected air quality violation. This is considered to be a significant cumulative impact. With respect to the Project's contribution to this cumulative impact, according to the SCAQMD, individual construction projects that exceed the SCAQMD recommended daily thresholds for project -specific impacts would cause a cumulatively considerable increase in emissions for those pollutants for which the Basin is in non -attainment under an applicable federal or state ambient air quality standard. As the Project's construction -related ROG and NOx emissions (both of which are ozone precursors) and operational ROG emissions would exceed the SCAQMD's recommended daily thresholds, the Project would contribute to a cumulative air quality impact with respect to ozone and NO2.5 Findings Changes or alterations have been required in or incorporated into the Project that avoid or substantially lessen the potential significant environmental effects as identified in the Program EIR. The following Mitigation Measures listed below will be implemented to lessen construction and long term operational air quality impacts; however, no mitigation measures were identified that could reduce the impacts to below the level of significance, and therefore impacts will remain potentially significant. Mitigation Measures: Implementation of Mitigation Measures MM -AIR -la and MM - AIR -lb from Section 3.2, Air Quality, would reduce construction emissions of ROG and NOx associated with the worst-case construction scenario analyzed for the Project; however, not to below a level of significance. a) Facts in Support of Findings The Program EIR shows that the worst-case daily construction emissions associated with the Project would exceed the SCAQMD's construction thresholds for ROG and NOx (ozone precursors). Therefore, the Project would exceed SCAQMD's respective thresholds during construction for pollutants for which the Basin is in non -attainment (i.e., ozone and NO2). The Project's pollutant emissions would, in conjunction with other past, current, and probable future projects, be cumulatively considerable and cumulative impacts would be significant and unavoidable. 5 It should be noted that because the Basin in currently a non -attainment area for ozone and NO2, and both ROG and NOx emissions are ozone precursors (i.e., ozone is created by sunlight acting on ROG and NOx in the air), the exceedance of SCAQMD's recommended daily thresholds for these pollutants by the Project would result in a significant contribution to cumulative air quality impacts. A-33 With respect to Project operations, with the exception of ROG emissions, the total net operational emissions associated with the Project would not exceed the SCAQMD's thresholds for NOx, CO, SOx, PM10, and PM2.5. With respect to the Project's operational emissions ofNOx, CO, SOx, PM10, and PM2.5, these pollutant emissions would not be cumulatively considerable and cumulative impacts would be less than significant. However, as the net operational ROG emissions associated with the Project would exceed the SCAQMD's operational threshold, the Project's ROG emissions, which are ozone precursors, would be cumulatively considerable and cumulative impacts would be significant and unavoidable. B. Cultural Resources 1. Direct Impacts to Cultural Resources (Historic) Construction activities associated with implementation of the Project could cause a substantial adverse change in the significance of a historic resource as defined in CEQA Guidelines Section 15064.5, including the Gonzalez Adobe and other structures that are 50 years or older. a) Findings Changes or alterations have been required in or incorporated into the Project that avoid or substantially lessen the potential significant environmental effects as identified in the Program EIR. The following Mitigation Measure will be implemented to lessen impacts to historic resources; however, no mitigation measures were identified that could reduce the impacts to the built historic features below the level of significance, and therefore impacts to these resources will remain potentially significant. Mitigation Measure MM -CUL -2: Project -level development involving ground disturbance and containing structures 50 years old or older shall be subject to a historic built environment survey, and potentially historic structures shall be evaluated for their potential historic significance, prior to the City's approval of project plans. The survey shall be carried out by a qualified historian or architectural historian meeting the Secretary of the Interior's Standards for Architectural History. If potentially significant resources are encountered during the survey, demolition or substantial alteration of such resources identified shall be avoided. If avoidance of identified historic resources is deemed infeasible, the City shall require the preparation of a treatment plan to include, but not limited to, photo -documentation and public interpretation of the resource. The plan will be submitted to the City for review and approval prior to implementation. b) Facts in Support of Findings Surveys of structures 50 years of age or older have not been done and the details of any treatment plan are unknown; therefore, it is possible that the treatment plan may be A-34 insufficient to reduce the impacts of the loss of a historic resource to a less -than - significant level. As such, the impact would remain significant and unavoidable after implementation of MM -CUL -2, at a program EIR level analysis. 2. Cumulative Impacts to Cultural Resources (Historic) Cumulative impacts to cultural resources in this area could occur if any other existing or proposed projects, in conjunction with the Project, had or would have impacts on cultural resources that, when considered together, would be cumulatively significant. a) Findings Changes or alterations have been required in or incorporated into the Project that avoid or substantially lessen the potential significant environmental effects as identified in the Program EIR. The following Mitigation Measure listed below will be implemented to lessen cumulative impacts to historic resources; however, no mitigation measures were identified that could reduce the impacts to built historic features to below the level of significance, and therefore cumulative impacts to these resources will remain potentially significant. Mitigation Measures: MM -CUL -2. b) Facts in Support of Findings The potential construction impacts of the Project, in combination with other projects in the area, could contribute to a cumulatively significant impact on built historical resources. Mitigation Measure MM -CUL -2 has been developed in order to reduce impacts to built historic resources. However, MM -CUL -2 may not reduce the impacts of the loss of a historic resource to a less -than -significant level and this impact would remain significant and unavoidable. Therefore, the Project's cumulative effects to historic built resources, in conjunction with other past, current, and probable future projects, would be cumulatively considerable and cumulative impacts would be significant and unavoidable. C. Noise and Vibration (Construction) 1. Construction Noise Construction activities occurring at each individual development site in the Project area would potentially expose their respective adjacent or nearby receptor(s) to substantial increases in ambient noise levels. A-35 a) Findings Mitigation measures were evaluated for their ability to eliminate the potential significant increases in noise impacts upon adjacent or nearby receptor(s). The following mitigation measures will be implemented to lessen noise impacts; however, no mitigation measures were identified that could reduce noise impacts to sensitive receptors to below the level of significance. Mitigation Measure MM-NOI-la: Prior to the issuance any grading or building permits for project -specific development, the applicant shall provide evidence to the City that the development will not exceed the City's exterior noise standards for construction (see Table 3.10-5). If it is determined that City noise standards for construction activities would be exceeded, the applicant shall submit a construction -related exception request to the City Manager at least one week in advance of the project's scheduled construction activities, along with the appropriate inspection fee(s), to ensure that the project's construction noise levels would be granted an exception from the noise standards set forth in Section 9.20.040 of the City of Temecula Municipal Code. If a construction - related exception request is denied by the City, design measures shall be taken to reduce the construction noise levels to the maximum extent feasible to achieve compliance with the City's construction noise standards. These measures may include, but are not limited to, the erection of noise barriers/curtains, use of advanced or state-of-the-art mufflers on construction equipment, and/or reduction in the amount of equipment that would operate concurrently at the development site. Mitigation Measure MM-NOI-lb: Project -specific development located within the Project area shall: • Ensure that noise and groundborne vibration construction activities whose specific location on a construction site may be flexible (e.g., operation of compressors and generators, cement mixing, general truck idling) shall be conducted as far as possible from the nearest noise and vibration -sensitive land uses. • Ensure that the use of construction equipment or construction methods with the greatest peak noise generation potential will be minimized. Examples include the use of drills and jackhammers. When impact tools (e.g., jack hammers, pavement breakers, and caisson drills) are necessary, they shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools. Where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used; this muffler can lower noise levels from the exhaust by up to about 10 dBA. External jackets on the tools themselves shall be used where feasible; this could achieve a reduction of 5 dBA. Quieter procedures, such as use of drills rather than impact tools, shall be used whenever feasible. A-36 • Locate stationary construction noise sources away from adjacent receptors and muffled and enclosed within temporary sheds, incorporate insulation barriers, or other measures to the extent feasible. • Ensure that all construction truck traffic is restricted to routes approved by the City of Temecula, which shall avoid residential areas and other sensitive receptors, to the extent feasible. • Designate a construction relations officer to serve as a liaison with surrounding residents and property owners who is responsible for responding to address any concerns regarding construction noise and vibration. The liaison's telephone number(s) shall be prominently displayed at construction locations. • Hold a preconstruction meeting with the City's job inspectors and the general contractor or onsite project manager to confirm that noise and vibration mitigation and practices (including construction hours, sound buffers, neighborhood notification, posted signs, etc.) are implemented. b) Facts in Support of Findings As described in the Program EIR, it is anticipated that the City, through the environmental review process, will consider all future developments associated with the Project on a case-by-case basis to ascertain whether an individual development would generate a substantial temporary or periodic increase in ambient noise levels on its surrounding off-site uses. However, for the purposes of this EIR, it is assumed that there would likely be future developments associated with the Project that would be located in close enough proximity to existing land uses such that the construction noise levels generated would result in a substantial temporary increase in ambient noise levels at those existing land uses. As such, Mitigation Measure MM-NOI-lb which would require the implementation of noise reduction devices and techniques during construction activities for the new developments occurring under the Project would be implemented to reduce the construction -related noise levels at nearby receptors to the maximum extent feasible. Nonetheless, under circumstances where future construction sites within the Project area are located immediately adjacent to existing land uses, the noise impacts related to a substantial temporary or periodic increase in ambient noise levels above levels existing without the proposed project would remain significant. Although mitigation measures would reduce the Project's construction noise levels to the maximum extent feasible, it is anticipated that the nearest existing land uses to each of the proposed developments in the Project area would continue to experience a substantial temporary or periodic increase in ambient noise levels during construction activities. Therefore, the Project's construction noise would be a temporary significant and unavoidable impact on the nearby existing land uses. 2. Construction Vibration A-37 Construction activities occurring at each individual development site in the Project area would potentially expose their respective onsite and /or offsite sensitive land uses to vibration levels that exceed applicable FTA vibration thresholds for building damage and human annoyance. c) Findings Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Program EIR. Although mitigation measures were evaluated for their ability to eliminate the potential to expose sensitive receptors onsite and /or offsite to substantial vibration levels that exceed applicable FTA vibration thresholds for building damage and human annoyance, none were identified that could reduce the impacts to below the level of significance. Mitigation Measure MM-NOI-2a: The operation of construction equipment that generates high levels of vibration, such as large bulldozers, loaded trucks, and caisson drills, shall be prohibited within 45 feet of residential structures and 35 feet of institutional structures during construction of any project -specific development in the Project area to the extent feasible. Small, rubber -tired construction equipment shall be used within this area during demolition and/or grading operations to reduce vibration effects, where feasible. Mitigation Measure MM-NOI-2b: Operation of jackhammers shall be prohibited within 25 feet of existing residential structures and 20 feet of institutional structures during construction activities associated with any project -specific development in the Project area, to the extent feasible. d) Facts in Support of Findings As individual development projects would be spread over the Project's buildout period and construction events are short-term in nature, it is anticipated that there would be an infrequent amount of vibration events per day at sensitive land use receptors resulting from the construction of individual development projects. However, depending on how close an actual receptor location is to a construction site, and the type of building the receptor is (e.g., non -engineered timber and masonry building, historical building, etc.), the vibration levels at a receptor location could exceed the FTA's vibration thresholds for building damage and human annoyance (refer to the "Thresholds of Significance" section of the EIR for the applicable FTA vibration thresholds). As such, vibration impacts during construction associated with the Project could be potentially significant. Implementation of Mitigation Measures MM-NOI-2a and MM-NOI-2b would reduce these impacts; however, not to below a level of significance. A-38 VII. Project Alternatives A. Alternatives Considered But Rejected in the Program EIR An EIR must briefly describe the rationale for selection and rejection of alternatives. The Lead Agency may make an initial determination as to which alternatives are potentially feasible and, therefore, merit in-depth consideration, and which are clearly infeasible. Alternatives that are remote or speculative, or the effects of which cannot be reasonably predicted, need not be considered (CEQA Guidelines, Section 15126.6(0(3)). An alternative site or location for the project need not be considered when its implementation is "remote and speculative" such as the site being out of the purview of the lead agency or beyond the control of a project applicant. Alternative sites were not selected for evaluation. The CEQA Guidelines Section 15126.6(0(2) specifies that the key question with alternative sites is "whether any of the significant effects of the project would be avoided or substantially lessened by putting the project at another location." The Project would involve adoption of a Specific Plan with the intent of revitalizing this particular location in the City and taking advantage of its attributes, including the opportunity to create a high-density urban environment and its proximity to major transportation routes. Therefore, it would not be feasible to consider other site locations for this Project. The Program EIR analyzed three other project alternatives. These three alternatives were considered but ultimately found not to meet the project's objectives as for the various reasons stated below. B. Alternatives Considered in the Program EIR 1. Alternative One — No Project/Existing General Plan a) Summary of Alternative This alternative is analyzed within this program -level EIR as it is required under CEQA Guidelines Section 15126.6(e). According to Section 15126.6(e)(2) of the CEQA Guidelines, the "no project" analysis shall discuss, "...what is reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services." When the project is the revision of an existing land use policy, CEQA Guidelines §15126.6(e)(3)(A) states that "the No Project Alternative will be the continuation of the existing plan... into the future." So, for the purposes of this EIR, the No Project Alternative represents development under the currently adopted General Plan as further described below. This alternative, however, does not represent a "no build" scenario in which no future development or redevelopment would occur. The No Project/Existing General Plan Alternative assumes that the Uptown Jefferson Specific Plan would not be adopted and implemented. Instead, the planning area would be developed according to the existing 2005 General Plan land use map, zoning, and A-39 development patterns. With buildout of the existing General Plan, total development in the Project area would amount to approximately 4.7 million square feet, representing an increase of approximately 933,708 square feet over existing conditions, including approximately 1,043,479 square feet of Community Commercial uses; 711,944 square feet of Highway Tourist Commercial uses; 1,773,719 square feet of Service Commercial uses; 1,192,150 square feet of Industrial Park uses; and 12,414 square feet of Public Institutional uses. b) Reasons for Rejecting Alternative The No Project/Existing General Plan Alternative would result in greater impacts to greenhouse gas emissions, land use, noise, and traffic impacts than the proposed project due to the number of vehicle trips associated with the substantial development allowed under the No Project/General Plan Alternative. In addition, this Alternative would not emphasize the mixed use development promoted by the proposed Project, and therefore would not reduce dependence on vehicles. Finally, this Alternative would not meet the project's primary objective of updating the existing Uptown Jefferson Specific Plan. For all of these reasons, the City Council rejects this alternative as infeasible. 2. Alternative Two — Reduced Project Alternative a) Summary of Alternative Under this alternative, the total development would be reduced by 25 percent, which would result in a buildout of approximately 1.3 million square feet of commercial uses (as opposed to the 1.7 million square feet that would occur under the Project), approximately 2,795 dwelling units, and 236 hotel rooms. This alternative would include the same proposed Districts, including Uptown Center District, Uptown Hotel/Tourism District, Uptown Sports District, Uptown Arts District (with the Wilder Hills -Residential Overlay), Creekside Village District (with the Creekside Village -Commercial Overlay), and Murrieta Creek Recreation and Open Space District. Under this alternative, these districts would contain the same provisions related to density and building heights. b) Reasons for Rejecting Alternative As a result of the reduced amount of development under Alternative 2, there would be fewer trips generated per day and thus a reduction in several impacts such as noise, air quality, and traffic impacts within the Specific Plan area. In addition, since the overall development would be reduced, there would be reduced impacts to aesthetics, population and housing, public services, as well as utilities and water supplies. Alternative 2 would achieve the proposed project objectives by creating a vibrant locale by providing a mix of land uses including housing, commercial/retail, office, higher education institutions, hotels and other tourist -oriented uses, cultural uses, and open space and recreational opportunities; strengthening opportunities for economic development in the Specific Plan A-40 area by building upon existing assets as well as encouraging new public and private investment in the area that attracts high -wage, quality employment opportunities and higher education facilities; establishing a distinct identity for the Specific Plan area by beautifying Jefferson Avenue and making it "Temecula's Great Street," identifying and establishing interrelated, compatible districts and neighborhoods with their own unique identities; developing a signage strategy for wayfinding, neighborhood/district identification, and gateway monumentation that emphasizes the distinct character of the area's location, natural setting, and built environment; creating a form -based code to guide future development that allows greater density, increased building heights, design standards for architecture, street character and public realms, and flexible urban parking standards and establishing an efficient and interconnected multi -modal mobility network through circulation and transit improvements. However, Alternative 2 would not provide the most efficient use of the Specific Plan area and would therefore, not fully attain the economic potential of the project site because the allowable development for the project would be reduced by 25 percent, reducing the potential of the project's viability. Therefore, Alternative 2 would not fully achieve all of the project objectives. For this reason, the City Council rejects this alternative as infeasible. 3. Alternative Three — Reduced Residential/Increased Commercial Alternative a) Summary of Alternative Under this alternative, allowable floor area ratios (FARs) would be adjusted in order to decrease the total amount of residential space that would be constructed and to increase the total amount of commercial square footage that could be developed. Commercial square footage would be increased by 3 million square feet; resulting in a buildout potential of approximately 4.7 million square feet of commercial uses (as compared to the 1.7 million square feet anticipated for the Project). Residential development would also be reduced by approximately 40 percent, which would result in approximately 2,176 dwelling units (as compared to the potential 3,726 that would occur under the Project). This alternative would include the same proposed Districts, including Uptown Center District, Uptown Hotel/Tourism District, Uptown Sports District, Uptown Arts District (with the Wilder Hills -Residential Overlay), Creekside Village District (with the Creekside Village -Commercial Overlay), and Murrieta Creek Recreation and Open Space District. b) Reasons for Rejecting Alternative Due to the increased commercial development (as compared to the proposed Project) and the increased vehicle trips associated therewith, Alternative 3 would result in increased adverse air quality, noise, and traffic impacts. In addition, this alternative would not emphasize a mixed-use environment in which residents would benefit from nearby shopping and employment opportunities nearly as much as the proposed Project, and A-41 therefore this alternative would result in greater greenhouse gas emission and climate change impacts than the proposed Project. Although Alternative 3 would achieve most project objectives and would promote economic activity within the City because commercial development would be emphasized over residential development, Alternative 3 would reduce residential development by 40 percent decreasing encouragement of developing an increased number of high-quality residential neighborhoods compared to either the existing Specific Plan or the proposed project. Therefore, Alternative 3 would not achieve all of the project objectives as well as the proposed project, and would have greater adverse impacts. Therefore, the City Council rejects this alternative as infeasible. C. Environmentally Superior Alternative The CEQA Guidelines, Section 15126.6(e)(2), requires the identification of the environmentally superior alternative. While none of the alternatives would reduce the significant and unavoidable impacts related to cultural resources and construction noise, the environmentally superior alternative would be Alternative 2, the Reduced Project Alternative, as it would have potentially fewer environmental impacts to air quality, GHG, land use and planning, operational noise, and transportation and traffic as compared to the Project and the other alternatives. Alternative 2 also would meet all of the Project objectives. A summary of the potential impacts associated with the alternatives as compared to the Project is provided in EIR Table 5-5 below. TABLE 5-5: SUMMARY COMPARISON OF PROJECT ALTERNATIVE IMPACTSa Potential Project Impacts Alt. 1: No Project Alternative (No Development) Alt. 2: Reduced Project Alternative AIt.3: Reduced Residential/Increased Commercial Uses Alternative Aesthetics Reduced Reduced Reduced Air Quality Reduced Reduced Increased Biological Resources Similar Similar Similar Cultural Resources Similar Similar Similar Geology, Soils, and Seismicity Similar Similar Similar Greenhouse Gas Emissions and Climate Change Increased Reduced Increased Hazards and Hazardous Materials Similar Similar Similar Hydrology and Water Quality Reduced Similar Similar Land Use and Planning Increased Similar Similar A-42 Noise and Vibration Increased Reduced Increased Population and Housing Reduced Reduced Reduced Public Services Similar Reduced Reduced Transportation and Traffic Increased Reduced Increased Utilities and Water Supply Assessment Reduced Reduced Reduced a Definitions: • Increased = impacts of alternative greater than Project's impacts • Similar = impacts of alternative similar to Project's impacts • Reduced = impacts of alternative less than Project's impacts SOURCE: Environmental Science Associates, 2013. D. The Project As Proposed 1. Summary of Project The Project involves adoption of the Uptown Jefferson Specific Plan and is described in detail in the Program EIR. 2. Reasons for Selecting Project as Proposed The City Council has carefully reviewed the attributes and environmental impacts of all the alternatives analyzed in the Final Program EIR and has compared them with those of the proposed Project. The City Council finds that each of the alternatives is infeasible for various environmental, economic, technical, social, or other reasons set forth above. The City Council further finds that the Project as proposed is the best combination of features to serve the interest of the public and achieve the project goals. More specifically, the Project as proposed strikes a proper balance between commercial development that focuses on economic activity, and high-quality residential development that emphasizes a mixed-use environment in which residents benefit from nearby shopping and employment opportunities. This proposed Uptown Jefferson Specific Plan recognizes the need for economic activity and growth in the City but also promotes sound environmental policies due to the reduced reliance on vehicle trips (stemming from mixed use development) and proximity to public transportation. For all of these reasons, the City Council selects the Project as proposed. A-43 EXHIBIT B Statement of Overriding Considerations The following Statement of Overriding Considerations is made in connection with the proposed approval of the Amendment to the Uptown Jefferson Specific Plan (the "Project"). CEQA requires the decision-making agency to balance the economic, legal, social, technological or other benefits of a project against its unavoidable environmental risks when determining whether to approve a project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered acceptable. CEQA requires the agency to provide written findings supporting the specific reasons for considering a project acceptable when significant impacts are unavoidable. Such reasons must be based on substantial evidence in the Program EIR or elsewhere in the administrative record. The reasons for proceeding with this Project despite the adverse environmental impacts that may result are provided in this Statement of Overriding Considerations. The City Council finds that the economic, social and other benefits of the Project outweigh the significant and unavoidable impacts to air quality, noise, and cultural resources. In making this finding, the City Council has balanced the benefits of the Project against its unavoidable impacts and has indicated its willingness to accept those adverse impacts. The City Council finds that each one of the following benefits of the Project, independent of the other benefits, would warrant approval of the Project notwithstanding the unavoidable environmental impacts of the Project: A. The City Council finds that all feasible mitigation measures have been imposed to either lessen Project impacts to less than significant or to the extent feasible, and furthermore, that alternatives to the Project are infeasible because they generally have similar or greater impacts, or they do not provide the benefits of the Project, or are otherwise socially or economically infeasible as fully described in the Statement of Facts and Findings. B. The proposed Project strikes a proper balance between commercial development that focuses on economic activity, and high-quality residential development that emphasizes a mixed-use environment in which residents benefit from nearby shopping and employment opportunities. C. The proposed Project will reduce potential adverse environmental impacts compared with build- out under the currently -existing Uptown Jefferson Specific Plan due to its emphasis on mixed- use development and the benefits that such development provides, including reduced vehicle trips as a result of proximity to shopping, entertainment, and employment opportunities. D. The proposed Project will create additional housing units beyond what currently exists in the Uptown Jefferson Specific Plan area or what currently could be developed in that area and thus will add to the available housing stock in the City. E. The proposed Project will augment the City's economic base by providing additional tax revenues resulting from the commercial component of the proposed allowable development. C-1 The City Council finds that the foregoing benefits provided through approval of the Uptown Jefferson Specific Plan Project outweigh the identified significant adverse environmental impacts. The City Council further finds that each of the individual Uptown Jefferson Specific Plan Project benefits discussed above outweighs the unavoidable adverse environmental effects identified in the Final Program EIR and therefore finds those impacts to be acceptable. The City Council further finds that each of the benefits listed above, standing alone, is sufficient justification for the City Council to override these unavoidable environmental impacts. C-2 Mitigation Monitoring and Reporting Program EXHIBIT C UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Date Remarks Aesthetics Mitigation Measure MM -AES -1: The following light and glare standards shall be applied to all future development within the Specific Plan area: • The applicant shall ensure that all lighting fixtures contain "sharp cut-off' fixtures, and shall be fitted with flat glass and internal and external shielding. • The applicant shall ensure that site lighting systems shall be grouped into control zones to allow for opening, closing, and night light/security lighting schemes. All control groups shall be controlled by an automatic lighting system utilizing a time clock, photocell, and low voltage relays. Pre -Construction / Construction City of Temecula City of Temecula Building Official or other Designee City of Temecula project approval and field verification and sign -off by City of Temecula • The applicant shall ensure that design and layout of the site shall take advantage of landscaping, on-site architectural massing, and off—site architectural massing to block light sources and reflection from cars. • Prior to the issuance of construction permits for a project - specific development within the Project area that includes outdoor lighting, the applicant shall submit an outdoor lighting plan and photometric plan to be reviewed and approved by the City of Temecula. The lighting plan shall be in compliance with Ordinance No. 655 as adopted by the Riverside County Board of Supervisors and shall include, but not be limited to, the following information and standards: o Light fixtures shall not exceed 4,050 lumens; o Light fixtures shall be fully shielded so that light rays emitted by the fixtures are projected below the horizontal plane passing through the lowest point of the shield; o A map showing all lamp locations, orientations, and intensities, including security, roadway, and task lighting; o Specification of each light fixture and each light shield; o Total estimated outdoor lighting footprint, expressed as lumens per acre; and, o Specification of motion sensors and other controls to be used, especially for security lighting. • The City shall conduct a post -installation inspection to ensure that the site is in compliance with the design standards in Uptown Jefferson Specific Plan MMRP 1 ESA / 211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks • Mitigation Measure MM -AES -1 and Riverside County Ordinance No. 655. The use of highly reflective construction materials on exterior wall surfaces. The exterior of permitted buildings shall be constructed of materials such as high performance tinted non - mirrored glass, painted metal panels and pre -cast concrete or fabricated wall surfaces. City of Temecula City of Temecula Building Official or other Issuance of Grading Permit and field verification and • Construction activities shall require the use of 2010 and newer Air Quality Mitigation Measure MM -AIR -la: Future project -level development shall incorporate the following mitigation measures to minimize emissions of NOx associated with construction activities for the Project: Pre -Construction / Construction City of Temecula City of Temecula Building Official or other Issuance of Grading Permit and field verification and • Construction activities shall require the use of 2010 and newer Designee sign -off by City diesel haul trucks (e.g., material delivery trucks and soil import/export) to the extent feasible.1 Under conditions where it is determined that 2010 model year or newer diesel trucks are not readily available or obtainable for a project, the applicant shall be required to provide this evidence to the City and shall instead use trucks that meet USEPA 2007 model year NOx emissions requirements. 2 of Temecula • Off-road diesel -powered construction equipment greater than 50 horsepower (hp) shall meet USEPA Tier 111 off-road emissions standards. In addition, construction equipment shall be outfitted with BACT devices certified by GARB. A copy of each unit's certified tier specification, BACT documentation, and CARB or SCAQMD operating permit shall be provided at the time of mobilization of each applicable unit of equipment. Under conditions where a newer or alternative technology becomes available in the future that would result in either equivalent or larger reductions in NOx emissions than the use of tiered construction equipment, that technology shall be applied. Where alternatives to USEPA Tier 111 equipment are chosen for a project, the applicant shall be required to show evidence to the City that comparable NOx emissions reductions that are no less than what could be achieved by a 2 CARB's On -Road Heavy -Duty Diesel Vehicle (In -Use) Regulation requires the phase-in of 2010 model year engines or equivalent by January 1, 2023. Under this regulation, PM and NOx emissions are projected to be reduced by approximately 3 tons per day and 88 tons per day, respectively, in 2023. As the 2010 model year engines or equivalent would be gradually phased in over time in California, these engines may not always be readily available for the construction activities associated with the Project. As such, under these circumstances the USEPA 2007 model year NOx emissions standards, which were scheduled to be phased -in for heavy-duty highway engines between 2007 and 2010, would be used instead. Uptown Jefferson Specific Plan MMRP 2 ESA / 211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks Level 3 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations would be achieved. • After January 1, 2015, off-road diesel -powered construction equipment greater than 50 hp shall meet the Tier IV emission standards, where available. Under conditions where it is determined that equipment meeting Tier IV emission standards are not readily available or obtainable for a project, the applicant shall be required to provide this evidence to the City and shall instead use USEPA Tier III equipment. In addition, construction equipment shall be outfitted with BACT devices certified by GARB. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations. A copy of each unit's certified tier specification, BACT documentation, and CARB or SCAQMD operating permit shall be provided at the time of mobilization of each applicable unit of equipment. Mitigation Measure MM -AIR -1 b: Future project -level development shall incorporate the following in the construction specifications of a development project: • Require that construction -related equipment, including heavy- duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than five minutes. Require that construction operations rely on the electricity infrastructure surrounding the construction site rather than electrical generators powered by internal combustion engines to the extent feasible. Mitigation Measure MM -AIR -1c: Future project -level development shall document project construction emissions prior to City approval of a project. If it is shown that a development would generate construction -related VOC emissions exceeding SCAQMD's threshold, the architectural coatings phase for that project shall use coatings and solvents with a VOC content lower than that required under SCAQMD Rule 1113. Mitigation Measure MM -AIR -1d: The City shall encourage all construction contractors to apply for SCAQMD "SOON" funds, which provides funds to accelerate cleanup of off-road diesel vehicles such as heavy-duty construction equipment. Uptown Jefferson Specific Plan MMRP 3 ESA / 211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks Mitigation Measure MM -AIR -3: Prior to City approval of an individual development project that would have the construction equipment and activity listed below, a project -specific LST analysis shall be prepared and submitted that identifies the resulting construction emissions and demonstrates how the emissions would not exceed SCAQMD's LSTs or result in pollutant emissions that would cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standards. • Requires more than a maximum of six pieces of heavy-duty diesel equipment operating concurrently for eight hours per day; • Involves more than a maximum daily amount of 3,500 cubic yards of dirt handling associated with grading activities; • Requires more than 10 miles of on-site travel by haul trucks per day; and, • Involves an on-site storage (soil) pile of more than 0.02 acres Pre -Construction / Construction City of Temecula City of Temecula Building Official or other Designee City of Temecula project approval and field verification and sign -off by City of Temecula Mitigation Measure MM -AIR -4: Prior to City approval of future Pre -Construction / City of City of City of project -specific residential developments within the Project area and Construction Temecula Temecula Temecula located within 500 feet of 1-15, a health risk assessment (HRA) shall Building Official project approval be conducted to evaluate the health risks to these residential or other and field developments associated with TACs from the mobile sources traveling along the portion of 1-15 that is adjacent to the Project area. Based on the findings in the HRA, appropriate measures shall be taken, if necessary, to reduce the cancer risk resulting from TAC - exposure from 1-15 to below 10 in one million for the maximally - exposed individual. These measures may include, but are not limited to, relocating the residential development beyond 500 feet of the freeway or implementation of appropriate Minimum Efficiency Designee verification and sign -off by City of Temecula Reporting Value (MERV) filters at the residential development. Biological Resources Mitigation Measure MM -BIO -1: Prior to any ground -disturbing Pre -Construction / City of City of Certified activities for individual development projects, pre -construction Construction Temecula Temecula Environmental clearance surveys shall be conducted in accordance with Section Qualified Review 6.0 of the Multiple Species Habitat Conservation Program (MSHCP) for special -status plant species in suitable habitat areas that will be subject to ground -disturbing activities. The surveys will be conducted in the appropriate season. All special -status plant species observed shall be marked and afforded a level of protection within 100 feet of the construction footprint, per the terms and conditions of the MSHCP. As appropriate, the special -status or Biologist Document Uptown Jefferson Specific Plan MMRP 4 ESA / 211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks habitats of concern mapping within the construction limits shall be updated. A biologist will provide verification and report through memorandum to the Western Riverside County Regional Conservation Authority (RCA) Monitoring Program Administrator. Mitigation Measure MM -BIO -2: Impacts to raptors and other Pre -Construction / City of City of Issuance of migratory birds shall be avoided by the implementation of one of the Construction Temecula Temecula grading permit following measures: Qualified and field • All construction and ground disturbing activities shall take place outside of the raptor breeding season (February 1- August 30). Biologist verification and sign -off by City of Temecula • If construction and ground disturbing activities are necessary during the breeding season (February 1 -August 30), a focused survey for active nests of raptors and migratory birds shall be conducted by a biologist (a person possessing a bachelors in science with a minimum of one year nest survey experience performing raptor surveys). The survey shall occur a maximum of 14 days prior to any construction or ground - disturbing activities. If active nest(s) (with eggs or fledglings) are identified within the project site, (CDFW for state listed species, species of special concern, and MSHCP covered species; USFWS for birds covered under the Migratory Bird Treaty Act and listed species) they shall not be disturbed until the young have hatched and fledged (matured to a state that they can leave the nest on their own). A 500 -foot construction setback from any active nesting location shall be adhered to in order to avoid disturbance of the nest until the young have fledged or the nest has failed, as determined by a qualified biologist. If no active nests are identified, construction may commence. Mitigation Measure MM -BIO -3: Future development that occurs Pre -Construction / City of City of City of outside of land designated as Developed/Disturbed on Figure 3.3-1 Construction Temecula Temecula Temecula of the Draft El R, which depicts vegetation communities within the Qualified project approval project area, shall be surveyed by a qualified biologist (i.e., knowledgeable in burrowing owl biology) using MSHCP approved burrowing owl survey protocols within 30 days prior to construction to determine presence/absence of burrowing owl. If no burrowing owls are identified on the site during these pre - construction surveys, no additional mitigation is necessary and construction can commence. If burrowing owl(s) are found on-site, the City and RCA will be notified. The following species-specific mitigation actions would be required if burrowing owls are found: Biologist and field verification and sign -off by City of Temecula Uptown Jefferson Specific Plan MMRP 5 ESA / 211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks • Since burrow owl is a covered species under the MSHCP, adequate conservation of the species and its habitat are achieved through participation in the MSHCP. Avoidance of the active burrow(s) is the preferred method to reduce potential impacts to burrowing owl to a less than significant level. • However, if the proposed project cannot avoid the active burrow(s), owls within active burrow(s) may be evicted with the use of one-way doors and passively relocated to suitable habitat with natural or artificial burrows within 100 meters of the proposed project site, as regulated by the RCA. • If eviction/passive relocation is not feasible, preparing and implementing an active translocation plan, if appropriate and approved by the RCA and CDFW that includes identifying a receptor site for the owl(s), may also be acceptable. • However, if 3 or more pairs of burrowing owls are observed on 35 -plus acres of suitable habitat, onsite conservation of the habitat is required by the MSHCP in accordance with Section 6.3.2 of the MSHCP Plan. Onsite conservation of habitat will be negotiated between the project applicant and the RCA through a Determination of Biologically Equivalent or Superior Preservation (DBESP) and/or a Habitat Assessment and Negotiation Strategy (HANS) application. Mitigation Measure MM -BIO -4: The specific MSHCP conservation Pre -Construction / City of City of Field objectives for fairy shrimp shall be met through implementation of Construction Temecula Temecula verification and the Riparian/Riverine Areas and Vernal Pools Policy presented in Qualified sign -off by City Section 6.1.2 of the MSHCP. Prior to City approval of an individual development project located outside of land designated as Biologist of Temecula Developed/Disturbed on Figure 3.3-1, an assessment of the construction footprint shall be conducted to determine whether suitable wetlands or seasonally inundated habitats (vernal pools, stock ponds, ephemeral ponds, impoundments, road ruts, or other human -modified depressions) currently exist within the construction footprint. Wetland mapping assembled as part of that policy shall be reviewed as part of the project review process and, if suitable fairy shrimp habitat is identified on the wetland maps and cannot be avoided, a single -season dry or wet season survey for fairy shrimp species shall be conducted by a qualified biologist in accordance with the sampling methods described in the 1996 USFWS Interim Uptown Jefferson Specific Plan MMRP 6 ESA / 211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks Survey Guidelines to Permittees for Recovery Permits under Section 10(a)(1)(A) of the Endangered Species Act for the Listed Vernal Pool Branchiopods. If survey results are positive, a certain percentage of the occupied portions of the property that provide for long-term conservation value for the fairy shrimp shall be conserved. The MSHCP provides general guidance which suggests ninety percent of the occupied portions of the site shall be conserved and ten percent of the occupied portions allowed for development under the MSHCP; however, the required conservation/impact ratio shall be determined by the RCA on a project -by -project basis. If listed branchiopods are detected, then the following restriction and protection will be implemented to avoid or minimize impacts to the resource during construction: Seasonal Vernal Pool Work Restriction. For seasonal avoidance of special -status vernal pool branchiopods and vernal pool -dependent species (e.g., western spadefoot toad), the contractor will not work within 250 feet of aquatic habitats suitable for these species (e.g., vernal pools and other seasonal wetlands) from October 15 to June 1 (corresponding to the rainy season), or as determined through informal or formal consultation with the RCA Monitoring Program Administrator and/or USAGE. Ground -disturbing activities may begin once the habitat is no longer inundated for the season. If any work remains to be completed after October 15 exclusion fencing and erosion control measures will be placed at the vernal pools (or other seasonal wetlands) by the contractor under supervision of the a biologist. The fencing will act as a buffer between ground - disturbing activities and the vernal pools and other seasonal wetlands as determined through consultations with the RCA Monitoring Program Administrator, and/or USAGE. The biologist will document compliance with the fencing requirement through a memorandum submitted to the RCA Monitoring Program Administrator. Implement and Monitor Vernal Pool Protection. If temporary impacts can be avoided, the vernal pool(s) will be protected by erecting exclusion fencing. The contractor, under the supervision of the project biologist, will erect and maintain the exclusion fencing. Resource agency consultations with the RCA Monitoring Program Administrator and/or USAGE will occur as needed. If vernal pools and/or listed branchiopods are detected, and an avoidance alternative is not feasible, then the following measures shall be implemented: Uptown Jefferson Specific Plan MMRP 7 ESA / 211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks Determination of Biologically Equivalent or Superior Preservation (DBESP). In accordance with Section 6.1.2 of the MSHCP, a DBESP shall be prepared as part of an individual development project approval by the City to ensure replacement of any lost functions and values of habitat as it relates to vernal pools and listed branchiopods. The DBESP shall contain a mitigation strategy, subject to the approval of the RCA, which may contain on-site habitat creation and conservation, or off-site land acquisition in an approved mitigation bank for vernal pools and listed branchiopods; each is described below. On-site Habitat Creation. Should an avoidance alternative not be feasible, vernal pool basins and watershed shall be created on-site at a replacement ratio of 1:1, subject to the approval of the RCA. If on-site restoration is infeasible, an appropriate off-site location will be selected that exhibits the appropriate vernal pool soil conditions. The required off-site replacement ratio shall be determined by the RCA based on the specifics of the project. Vernal pool restoration sites shall be conserved in perpetuity through a conservation easement, deed restriction, or other appropriate mechanism. Specifications for the creation of habitat and a long- term monitoring program (typically five years, complete with success criteria) shall be included in the DBESP. Off-site Land Acquisition. Should both an avoidance alternative and habitat creation not be feasible, then off-site land acquisition in an approved mitigation bank for vernal pools and listed branchiopods shall be implemented at a replacement ratio of 1:1, subject to the approval of the RCA. The required replacement ratio shall be determined by the RCA on a project by project basis. Mitigation through off-site acquisition shall occur by purchasing vernal pool mitigation credits at the Barry Jones (aka Skunk Hollow) Wetland Mitigation Bank. Mitigation Measure MM -BIO -5: Prior to any ground -disturbing Pre -Construction / City of City of Issuance of activities associated with individual development projects, a Construction Temecula Temecula grading permit biologist or designee shall conduct a visual and acoustic survey for Qualified and field roosting bats according to accepted protocol. The biologist will contact the RCA Monitoring Program Administrator, and/or CDFW if any hibernation roosts or active nurseries are identified within the construction footprint. The biologist will submit a memorandum documenting compliance to the RCA Monitoring Program Biologist verification and sign -off by City of Temecula Administrator. Bat Exclusion and Deterrence. During ground -disturbing activities, if individual or groups of bats are found within the construction Uptown Jefferson Specific Plan MMRP 8 ESA / 211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks footprint, the bats shall be safely excluded by either opening the roosting area to change lighting and airflow conditions, or by installing one-way doors, or other appropriate methods specified by the RCA Monitoring Program Administrator and/or CDFW. The contractor will leave the roost undisturbed by project -related activities for a minimum of one week after implementing exclusion and/or eviction activities. The contractor will not implement exclusion measures to evict bats from established maternity roosts. Pre -Construction City of City of City of The Biologist will submit a memorandum documenting compliance to the RCA Monitoring Program Administrator. Temecula Temecula Temecula Cultural Resources Mitigation Measure MM -CUL -1: Individual development projects or Pre -Construction City of City of City of other ground disturbing activities such as installation of utilities, shall Temecula Temecula Temecula be subject to a Phase I cultural resources inventory on a project- qualified Project specific basis prior to the City's approval of project plans. The study Archaeologist Approval; shall be carried out by a qualified archaeologist, defined as an and Pechanga verification by archaeologist meeting the Secretary of the Interior's Standards for tribal City of professional archaeology, and shall be conducted in consultation with the Pechanga Band of Luiseno Indians. The cultural resources inventory would consist of: a cultural resources records search to be conducted at the Eastern Information Center; scoping with the representatives Temecula in consultation with Pechanga Tribe Native American Heritage Commission (NAHC) and with interested Native Americans identified by the NAHC; a pedestrian archaeological survey where deemed appropriate by the archaeologist; and recordation of all identified archaeological resources on California Department of Parks and Recreation 523 forms. If potentially significant cultural resources are encountered during the survey, the City shall require that the resources are evaluated for their eligibility for listing in the California Register of Historical Resources and for significance as a historical resource or unique archaeological resource per CEQA Guidelines Section 15064.5. Recommendations shall be made for treatment of these resources if found to be significant, in consultation with the City and the Pechanga Band of Luiseno Indians. Per CEQA Guidelines Section 15126.4(b)(3), project redesign and preservation in place shall be the preferred means of mitigation to avoid impacts to significant cultural resources, including prehistoric and historic archaeological sites, locations of importance to Native Americans, human remains, historical buildings, structures and landscapes. Methods of avoidance may include, but shall not be limited to, project re-route or re -design, project cancellation, or identification of protection measures such as capping or fencing. Consistent with Uptown Jefferson Specific Plan MMRP 9 ESA / 211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks CEQA Guidelines Section 15126.4(b)(3)(C), if it is demonstrated that resources cannot be avoided, the qualified archaeologist shall develop additional treatment measures, which may include data recovery or other appropriate measures, in consultation with the City and the Pechanga Band of Luiseno Indians. The City shall conduct consultation with the Pechanga Band of Luiseno Indians on a project -specific basis. In addition, the project proponent shall retain archaeological monitors and Native American monitors from the Pechanga Band of Luiseno Indians during ground -disturbing activities that have the potential to impact significant cultural resources as determined by a qualified archaeologist in consultation with the City. During project -level construction, should prehistoric or historic subsurface cultural resources be discovered, all activity in the vicinity of the find shall stop and a qualified archaeologist, in consultation with the Pechanga Band of Luiseno Indians, will be contacted to assess the significance of the find according to CEQA Guidelines Section 15064.5. If any find is determined to be significant, the archaeologist shall determine, in consultation with the City and the Pechanga Band of Luiseno Indians, appropriate avoidance measures or other appropriate mitigation. Per CEQA Guidelines Section 15126.4(b)(3), project redesign and preservation in place shall be the preferred means to avoid impacts to significant cultural resources. Methods of avoidance may include, but shall not be limited to, project re-route or re -design, project cancellation, or identification of protection measures such as capping or fencing. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C), if it is demonstrated that resources cannot be avoided, the qualified archaeologist shall develop additional treatment measures in consultation with the City, which may include data recovery or other appropriate measures, in consultation with the Pechanga Band of Luiseno Indians. All significant cultural materials recovered will be, as necessary and at the discretion of the consulting archaeologist, and in consultation with the Pechanga Band of Luiseno Indians, subject to scientific analysis, professional museum curation, and documentation according to current professional standards. Uptown Jefferson Specific Plan MMRP 10 ESA / 211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks Mitigation Measure MM -CUL -2: Project -level development Pre -Construction/ City of City of City of involving ground disturbance and containing structures 50 years old Construction Temecula Temecula Temecula or older shall be subject to a historic built environment survey, and qualified Project potentially historic structures shall be evaluated for their potential Historian or Approval; historic significance, prior to the City's approval of project plans. The Architectural verification by survey shall be carried out by a qualified historian or architectural historian meeting the Secretary of the Interior's Standards for Architectural History. Consultation with the Pechanga Band of Luiseno Indians shall also occur during the evaluation. If potentially significant resources are encountered during the survey, demolition or substantial alteration of such resources identified shall be avoided. If avoidance of identified historic resources is deemed infeasible, the City shall require the preparation of a treatment plan to include, but not limited to, photo -documentation and public interpretation of the resource. The plan will be submitted to the City for review and approval prior to implementation. Historian City of Temecula in consultation with Pechanga Tribe Mitigation Measure MM -CUL -3: For project -level development Pre -Construction/ City of City of Verification by involving ground disturbance, a qualified paleontologist shall be Construction Temecula Temecula in City of retained to determine the necessity of conducting a study of the consultation Temecula in project area(s) based on the potential sensitivity of the project site with Pechanga consultation for paleontological resources. If deemed necessary, the paleontologist shall conduct a paleontological resources inventory designed to identify potentially significant resources. The paleontological resources inventory would consist of: a paleontological resources records search to be conducted at the Tribe with Pechanga Tribe San Bernardino County Museum and/or other appropriate facilities; a field survey where deemed appropriate by the paleontologist; and recordation of all identified paleontological resources. The paleontologist shall provide recommendations regarding additional work for the project. Impacts to significant paleontological resources, if identified, shall be avoided. In addition, the project proponent shall retain paleontological monitors during construction for ground -disturbing activities that have the potential to impact significant paleontological resources as determined by a qualified paleontologist. In the event that paleontological resources are discovered, the project proponent will notify a qualified paleontologist. The paleontologist will document the discovery as needed, evaluate the potential resource, and assess the significance of the find under the criteria set forth in CEQA Guidelines Section 15064.5. If fossil or fossil bearing deposits are discovered during construction, excavations within 50 feet of the find will be temporarily halted or Uptown Jefferson Specific Plan MMRP 11 ESA / 211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks diverted until the discovery is examined by a qualified paleontologist, in accordance with Society of Vertebrate See MM -HYD -1 See MM- See MM -HYD -1 See MM -HYD -1 Paleontology standards. The paleontologist will notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If avoidance is determined to be infeasible, the qualified paleontologist shall implement a paleontological mitigation program. and MM -HYD 2 MM -HYD -1 and MM - and MM -HYD 2 and MM -HYD 2 At each fossil locality, field data forms shall be used to record pertinent geologic data, stratigraphic sections shall be measured, appropriate sediment samples shall be collected and submitted for analysis, and any other activities necessary for the timely and professional documentation and removal of fossils. Any fossils encountered and recovered shall be prepared to the point of identification, catalogued, and donated to a public, non-profit institution with a research interest in the materials. Accompanying notes, maps, and photographs shall also be filed at the repository. HYD 2 Mitigation Measure MM -CUL -4: Project -level development Construction City of City of Verification by involving ground disturbance within the Project area shall address Temecula in Temecula in City of the potential discovery and proper treatment of human remains, which is always a potential in areas that have not been previously consultation with consultation with Pechanga Temecula in consultation disturbed or only partially disturbed through prior development. The Pechanga Tribe with Pechanga City shall require that if human remains are uncovered during project construction, work in the vicinity of the find shall cease and the Riverside County coroner shall be contacted to evaluate the remains, following the procedures and protocols set forth in Section Tribe Tribe 15064.5 (e)(1) of the CEQA Guidelines. If the County coroner determines that the remains are Native American, the coroner will contact the Native American Heritage Commission, in accordance with Health and Safety Code Section 7050.5, subdivision (c), and Public Resources Code 5097.98 (as amended by AB 2641). The NAHC will then designate a Most Likely Descendent of the deceased Native American, who will engage in consultation to determine the disposition of the remains. Geology, Soils, and Seismicity Mitigation Measures MM -HYD -1 and MM -HYD -2 See MM -HYD -1 See MM- See MM -HYD -1 See MM -HYD -1 and MM -HYD 2 MM -HYD -1 and MM - and MM -HYD 2 and MM -HYD 2 HYD 2 Uptown Jefferson Specific Plan MMRP 12 ESA / 211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Date Remarks Hazards and Hazardous Materials Mitigation Measure MM-HAZ-la: For individual development projects within the Project area, the applicant shall retain a qualified environmental consulting firm to conduct a Phase I Environmental Site Assessment in accordance with ASTM standard E1527-05 prior to building permit approval. Any recommendations made in the Phase I report as well as any remediation as required by the overseeing agency shall be completed prior to commencement of any construction activities. Pre -Construction / Construction City of Temecula City of Temecula Building Official or other Designee Issuance of Grading Permit and field verification and sign -off by City of Temecula Mitigation Measure MM-HAZ-lb: Any subsurface materials Pre -Construction / Riverside City of Field exposed during construction activities that appear suspect of Construction County Temecula verification and contamination, either from visual staining or suspect odors, shall Department sign -off by City require immediate cessation of excavation activities and notification of of Temecula of the Riverside County Department of Environmental Health. Soils Environment and Riverside suspected of contamination through visual observation or from observed odors, shall be segregated from other soils and placed on and covered by plastic sheeting and characterized for potential contamination in accordance with direction received from the al Health County Department of Environmental Health County. If contamination is found to be present, any further proposed groundbreaking activities within areas of identified or suspected contamination shall cease and shall not resume until a site specific health and safety plan, prepared by a licensed professional and approved by Department of Environmental Health, has been completed and submitted to the City. Mitigation Measure MM-HAZ-lc: Any groundwater generated Construction RWQCB City of Field during construction dewatering shall be contained and profiled in Temecula verification and accordance with Regional Water Quality Control Board (RWQCB) or Building Official sign -off by City Temecula Valley Regional Water Reclamation Facility requirements depending on whether water will be discharged to storm drains or sanitary sewers. Any water that does not meet permitted requirements by these two agencies shall be transported offsite for disposal at an appropriate facility, or treated, if necessary to meet applicable standards, prior to discharge in accordance with approval from the RWQCB or Temecula Valley Regional Water Reclamation or other Designee of Temecula Facility. Uptown Jefferson Specific Plan MMRP 13 ESA / 211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Date Remarks Hydrology and Water Quality Mitigation Measure MM -HYD -1 : Development construction that Pre -Construction / City of City of Issuance of disturbs one acre or more individually shall comply with the NPDES Construction General Permit regulations in effect at the time so as not to violate any water quality standards or waste discharge Construction/ Post -Construction Temecula Temecula Building Official or other Building Permit, review of plans, field verification requirements. Compliance with the Construction General Permit would include filing of a Notice of Intent with the SWRCB and the preparation of a SWPPP incorporating construction BMPs for control of erosion and sedimentation contained in stormwater runoff. Designee and sign -off by City of Temecula Development construction that disturbs less than one acre individually shall comply with the MS4 permit issued by the SDRWQCB in effect at the time so as not to violate any water quality standards or waste discharge requirements. Compliance with the MS4 permit for construction projects disturbing less than an acre would require the preparation of a construction BMP plan detailing erosion, sediment, and waste management control BMPs to be implemented throughout construction to be submitted and approved by the City of Temecula. Mitigation Measure MM -HYD -2: As a condition of approval, each Pre -Construction / City of City of Issuance of future development project will be required to generate a project- specific Water Quality Management Plan (WQMP), as required by the City of Temecula Stormwater Ordinance and as specified in the Construction/ Post -Construction Temecula Temecula Building Official or other Building Permit, review of plans, field verification City's Jurisdictional Runoff Management Plan, which will ensure that the project implements specific water quality features to meet the Designee and sign -off by City of City's MS4 Permit and Stormwater Ordinance requirements. Temecula Potential BMPs required by the WQMP include scheduling, minimization of vegetation disturbance, sandbags, vehicle fueling and maintenance in designated areas, and storm drain stenciling. This WQMP shall be reviewed and approved by the City of Temecula prior to the issuance of a building or grading permit. Mitigation Measure MM -HYD -3: As a condition of approval, each Pre -Construction / City of City of Issuance of future development project will be required to generate a project- specific Drainage or Hydrology Study, as required by the City of Temecula Stormwater Ordinance and as specified in the City's Construction/ Post -Construction Temecula Temecula Building Official or other Building Permit, review of plans, field verification Jurisdictional Runoff Management Plan, which will ensure that the project implements specific hydromodification features to meet the Designee and sign -off by City of City's MS4 Permit and Stormwater Ordinance requirements. Temecula Potential hydromodification features identified may include detention or infiltration basins (i.e., intercept, store, infiltrate, evaporate, and evapotranspire). The project -specific Drainage or Hydrology Study shall be reviewed and approved by the City of Temecula prior to the Uptown Jefferson Specific Plan MMRP 14 ESA / 211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks issuance of a building or grading permit. Noise and Vibration Mitigation Measure MM -N01 -1a: Prior to the issuance any grading Pre -Construction / City of City of Issuance of or building permits for project -specific development, the applicant Construction Temecula Temecula Grading or shall provide evidence to the City that the development will not Building Official Building exceed the City's exterior noise standards for construction (see or other Permits and Table 3.10-5). If it is determined that City noise standards for construction activities would be exceeded, the applicant shall submit a construction -related exception request to the City Manager at least one week in advance of the project's scheduled construction activities, along with the appropriate inspection fee(s), to ensure that the project's construction noise levels would be granted an exception from the noise standards set forth in Section 9.20.040 of the City of Temecula Municipal Code. If a construction -related exception request is denied by the City, design measures shall be taken to reduce the construction noise levels to the maximum extent feasible to achieve compliance with the City's construction noise standards. These measures may include, but are not limited to, the erection of noise barriers/curtains, use of advanced or state-of-the- art mufflers on construction equipment, and/or reduction in the amount of equipment that would operate concurrently at the development site. Designee field verification and sign -off by City of Temecula Mitigation Measure MM-NOI-1 b: Project -specific development Pre -Construction / City of City of Issuance of located within the Project area shall: Construction Temecula Temecula Grading Permit • Ensure that noise and groundborne vibration construction Building Official and field activities whose specific location on a construction site may be or other verification and flexible (e.g., operation of compressors and generators, cement mixing, general truck idling) shall be conducted as far as possible from the nearest noise- and vibration -sensitive land uses. Designee sign -off by City of Temecula • Ensure that the use of construction equipment or construction methods with the greatest peak noise generation potential will be minimized. Examples include the use of drills and jackhammers. When impact tools (e.g., jack hammers, pavement breakers, and caisson drills) are necessary, they shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools. Where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used; this muffler can lower noise levels from the exhaust by up to about 10 dBA. External jackets on the Uptown Jefferson Specific Plan MMRP 15 ESA / 211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks tools themselves shall be used where feasible; this could achieve a reduction of 5 dBA. Quieter procedures, such as use of drills rather than impact tools, shall be used whenever feasible. • Locate stationary construction noise sources away from adjacent receptors and muffled and enclosed within temporary sheds, incorporate insulation barriers, or other measures to the extent feasible. • Ensure that all construction truck traffic is restricted to routes approved by the City of Temecula, which shall avoid residential areas and other sensitive receptors, to the extent feasible. • Designate a construction relations officer to serve as a liaison with surrounding residents and property owners who is responsible for responding to address any concerns regarding construction noise and vibration. The liaison's telephone number(s) shall be prominently displayed at construction locations. • Hold a preconstruction meeting with the City's job inspectors and the general contractor or onsite project manager to confirm that noise and vibration mitigation and practices (including construction hours, sound buffers, neighborhood notification, posted signs, etc.) are implemented. Mitigation Measure MM -N01 -2a: The operation of construction Pre -Construction / City of City of Issuance of equipment that generates high levels of vibration, such as large Construction Temecula Temecula Grading Permit bulldozers, loaded trucks, and caisson drills, shall be prohibited Building Official and field within 45 feet of residential structures and 35 feet of institutional or other verification and structures during construction of any project -specific development in the Project area, to the extent feasible. Small, rubber -tired construction equipment shall be used within this area during demolition and/or grading operations to reduce vibration effects where feasible. Designee sign -off by City of Temecula Mitigation Measure MM -N01 -2b: Operation of jackhammers shall be prohibited within 25 feet of existing residential structures and 20 feet of institutional structures during construction activities associated with any project -specific development in the Project area, to the extent feasible. Mitigation Measure MM -N01-3: For project -specific development, the applicant shall provide evidence to the City that operational Pre -Construction / Construction / City of Temecula City of Temecula Issuance of Grading Permit noise levels generated by the development would exceed the City's Post -Construction Building Official and field Uptown Jefferson Specific Plan MMRP 16 ESA / 211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks permissible exterior noise standards. If City noise standards would be exceeded, design measures shall be taken to ensure that operational noise levels would be reduced to levels that comply with the permissible City noise standards. These measures may include, but are not limited to, the erection of noise walls, use of landscaping, and/or the design of adequate setback distances for the new developments. Pre -Construction/ City of or other Designee verification and sign -off by City of Temecula Mitigation Measure MM -N01 -4a: Individual development projects Pre -Construction / City of City of City of shall minimize noise impacts from mechanical equipment, such as Construction / Temecula Temecula Temecula ventilation and air conditioning units, by locating equipment away Post -Construction Building Official project approval from receptor areas, installing proper acoustical shielding for the or other and field equipment, and incorporating the use of parapets into building design to ensure that noise levels do not exceed the ambient noise level on the premises of existing development by more than five decibels.. Designee verification and sign -off by City of Temecula Mitigation Measure MM -N01 -4b: Prior to City approval of a residential development project within the Project area, the applicant shall provide documentation to the City that all exterior windows associated with a proposed residential development will be constructed to provide a sufficient amount of sound insulation to ensure that interior noise levels would be below an Ldn or CNEL of 45 dB in any habitable room. Mitigation Measure MM -N01-5: Prior to City approval of a project- Pre -Construction / City of City of City of specific development within the Project area, the applicant shall Construction / Temecula Temecula Temecula provide evidence to the City that the City's noise/land use Post -Construction Building Official project approval compatibility standards are met for the land use being developed. or other and field Measures that can be taken to ensure compliance with the City's noise/land use compatibility standards include, but are not limited to, the erection of noise walls, use of landscaping, and/or the design of adequate setback distances. Designee verification and sign -off by City of Temecula Transportation and Traffic Mitigation Measure MM -TRA -1: The City shall monitor the Pre -Construction/ City of City of Issuance of performance of the intersections listed below on an on-going basis Construction Temecula Temecula Grading Permit and ensure that signal timing optimization occurs at these Engineer or and Issuance of intersections prior to or concurrent with Project -related development that would increase the AM peak -hour delay by more than two seconds. • Ynez Road & Winchester Road — AM peak hour (Project's fair - share contribution for this mitigation measure is 10 percent) • Nicholas Road & Winchester Road — AM peak hour (Project's other Designee a Certificate of Occupancy Uptown Jefferson Specific Plan MMRP 17 ESA / 211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks fair -share contribution for this mitigation measure is 5 percent) Prior to the issuance of the initial building permit for each project - specific development within the Project area, the applicant shall pay its fair share, as determined by the City, toward the signal timing optimization for the intersections listed herein. Mitigation Measure MM -TRA -2: The City shall monitor the Pre -Construction/ City of City of Issuance of performance of the intersections listed below on an on-going basis Construction Temecula Temecula Grading Permit and ensure that the following improvements occur at these Engineer or and Issuance of intersections prior to or concurrent with Project -related development that would increase the AM peak -hour delay by more than two seconds. • At the intersection of Jefferson Avenue at Cherry Street / other Designee a Certificate of Occupancy Proposed French Valley Parkway, the westbound approach lane shall be re -configured from one left turn lane, two through lanes, and a shared through -right turn lane to two left turn lanes, one through lane and one shared lane (Project's fair - share contribution is 10 percent). • At the intersection of Winchester Road and Murrieta Hot Springs Road, add a right -turn overlap traffic signal phase to the southbound direction (Project's fair -share contribution is 5 percent). • At the 1-15 Southbound Ramps and Temecula Parkway, add an exclusive right -turn lane to the northbound direction (Project's fair -share contribution is 5 percent). Prior to the issuance of the initial building permit for each project - specific development within the Project area, the applicant shall pay its fair share, as determined by the City, toward the improvements for the intersections listed herein. Uptown Jefferson Specific Plan MMRP 18 ESA / 211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Date Remarks Utilities and Water Supply Assessment Mitigation Measure MM-UTL-la: Prior to the issuance of Pre -Construction City of City of Issuance of construction permits for a project -specific development within the Temecula Temecula construction Project area, the project applicant shall pay its fair share of Eastern Building Official permits, and Municipal Water District mitigation fees to upsize the impacted or other sign -off by City sewer pipelines at Jefferson Avenue, via Montezuma and Del Rio Designee of Temecula Road. Mitigation Measure MM-UTL-1 b: Prior to issuance of construction permits for a project -specific development within the Project area, the project applicant shall pay Eastern Municipal Water District's then in effect Financial Participation Charge associated with obtaining sewer service. Uptown Jefferson Specific Plan MMRP 19 ESA / 211247 July 2015 RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE LAND USE ELEMENT, THE LAND USE POLICY MAP, THE CIRCULATION ELEMENT, AND THE COMMUNITY DESIGN ELEMENT OF THE GENERAL PLAN IN CONFORMITY WITH THE UPTOWN JEFFERSON SPECIFIC PLAN THE TEMECULA CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES: SECTION 1. Recitals and Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Uptown Jefferson Specific Plan ("Specific Plan") has been initiated and prepared on behalf of the City of Temecula. The Specific Plan area is approximately 2.3 miles long and encompasses approximately 560 acres. The Specific Plan area is located north of Rancho California Road, west of Interstate 15, south of Cherry Street, and east of Diaz Road. The Specific Plan area is divided into six zoning districts: Uptown Center District, Uptown Hotel/Tourism District, Uptown Sports/Transit District, Uptown Arts District, Creekside Village District and the Murrieta Creek Recreation and Open Space District. In addition, there are two overlay zones: Creekside Village Commercial Zone and the Wilder Hills Residential Overlay Zone. It is projected that approximately 5.5 million square feet of new development could be constructed in the Specific Plan area within twenty years. This includes approximately 1.7 million square of feet of commercial development, 315 new hotel rooms and 3,726 new residential dwelling units. B. The adoption of the Specific Plan also requires a General Plan amendment, a zoning code amendment to add the Specific Plan area, a zoning map amendment to change the zoning classification of the parcels located within the Specific Plan area, and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone (collectively referred to as the "Project"). C. The General Plan Amendment encompasses 1) an amendment to the Land Use Element incorporating the description of the Uptown Jefferson Specific Plan, adding Uptown Jefferson Specific Plan to the Approved Specific Plan Areas (Table LU - 4), removing Jefferson Avenue Mixed Use Area from the Land Use Focus Areas (Figure LU -5) and Mixed Use Overlay Areas (Table LU -6), and amending the Land Use Policy Map (Figure LU -3), 2) an amendment to the Community Design Element incorporating the description of Uptown Jefferson Specific Plan to the text of the Community Design Element, amending the Community Design Plan (Figure CD -1) by removing Mixed Use Overlay Area No. 1, identifying the intersections of Winchester Road/Jefferson Avenue, Overland Drive/Jefferson Avenue, and Del Rio/Jefferson Avenue as focal intersections, and identifying Jefferson Avenue for a major streetscape improvements, and 3) an amendment to the Roadway Plan (Figure C-2) of the Circulation Element of the General Plan by changing the classification of Jefferson Avenue, north of Winchester Road, from a Principal Arterial (6 -lane divided) to a Major Arterial (4 -lane divided), collectively referred to as the "General Plan Amendment." D. On October 21, 2015 and November 4, 2015, the Planning Commission held public hearings to consider whether to recommend the adoption of the Specific Plan, the General Plan Amendment, zoning code admendments, and zoning map amendments, and certification of the Final EIR. On November 4, 2015, after due consideration of the entire record before the Planning Commission, and after due consideration of the testimony regarding the proposed amendments, the Planning Commission adopted Resolution No. 15-27 recommending, in part, that the City Council approve the General Plan Amendment including: amending the Land Use Element, the Land Use Policy Map, the Community Design Element, and the Circulation Element to create consistency between the Specific Plan and the City's General Plan. E. On November 17, 2015, the City Council held a public hearing to review the Project pursuant to the California Environmental Quality Act, Cal. Pub. Res. Code § 21000 et seq. ("CEQA"), and the State CEQA Guidelines, 14 C.C.R. § 15000 et seq. F. Upon the close of the public hearing, the City Council adopted Resolution No. 15- , certifying the Final Environmental Impact Report ("Final EIR"), adopting Findings pursuant to CEQA, adopting a Statement of Overriding Considerations, and adopting a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 15- and the findings therein are hereby incorporated by this reference as though set forth in full. G. On November 17, 2015, the City Council of the City of Temecula considered the proposed Project including the Specific Plan, the General Plan Amendments, the Zoning Code Amendments and Zoning Map Amendment, the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone the Draft EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The City Council considered all the testimony and any comments received regarding the proposed Project, the Draft EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations prior to and at the public hearing. H. All legal preconditions to the adoption of this Resolution have occurred. SECTION 2. Legislative Findings. The City Council, in approving the General Plan Amendment hereby further finds, determines and declares that: (1) The General Plan Amendment is in the public interest; The General Plan Amendment, which will establish the Specific Plan area, is in the public interest. The Specific Plan area includes much of the oldest commercial development in the City. At one time, the Specific Plan area was vibrant and bustling with activity. Although many of the businesses within the Specific Plan area are still economically -vibrant and provide vital services to the community, the area has since been overshadowed by new development and private investment in other parts of the City. As a result, the Specific Plan seeks to spark the revitalization of the area which is critical to its long term future and will promote economic longevity which is in the public interest. (2) The General Plan Amendment is compatible with the health, safety and welfare of the community; The General Plan Amendment is compatible with the health, safety, and welfare of the community. The City has engaged in extensive studies and review of the potential impacts of the Specific Plan as well as the various potential benefits to the City by the development of the Specific Plan and concluded that the Specific Plan is in the best interests of and is not detrimental to the health, safety and general welfare of the City. The Specific Plan was reviewed and determined to be in conformance with the City's General Plan, as amended. These documents set policies and standards that protect the health, safety and welfare of the community. In addition, the Specific Plan establishes specific building design guidelines and standards that ensure compatibility and interface with the surrounding community in terms of density, design and circulation. Therefore, the Specific Plan is compatible with the health, safety and welfare of the community. (3) The General Plan Amendment is compatible with existing and surrounding uses; The proposed General Plan Amendment is compatible with surrounding land uses. The current land uses north, east and west of the Specific Plan area consist primarily of commercial and industrial uses. The current land uses to the south of the Specific Plan area consist of predominately tourist service development. The Specific Plan would provide for a mix of land uses including commercial, and residential uses. Northwest and northeast of the proposed Specific Plan area is open space. The Specific Plan would maintain approximately 240 -acres zoned Open Space - Conservation. The Specific Plan area is adjacent to Murrieta Creek, but would preserve the open space designation that surrounds the creek. (4) The amendment will not have an adverse effect on the community and are consistent with the goals and policies of the adopted General Plan; The proposed General Plan Amendment is consistent with the direction, goals and policies of the General Plan. The General Plan amendments will establish the Specific Plan area which will implement the goals and policies of the City's General Plan, provide balanced and diversified land uses, and impose appropriate standards and requirements with respect to land development and use in order to maintain the overall quality of life and the environment within the City. The goals and policies in the Land Use Element of the General Plan encourage "a complete and integrated mix of residential, commercial, industrial, public and open space land uses (Goal 1)," and "a City of diversified development character where rural and historical areas are protected and co -exist with newer urban development (Goal 2)." The General Plan Amendment establishing the Specific Plan area will assist in implementing these goals by establishing neighborhoods that are upscale and culturally robust, each with a distinct character and identity, offering a mix of homes, shops, offices, restaurants and other locally -serving uses. The Specific Plan's land use mix will include commercial, retail and residential uses, public open space amenities and intentional pedestrian -orientated design of streets and sidewalks that will maximize the connectivity of the area. The Specific Plan establishes six zoning districts which are based upon current and historical uses in order to cultivate a unique character for each area. This will ensure that locally - owned and operated business and services will continue to thrive, side-by- side with the new wave of entrepreneurial ventures. The proposed General Plan Amendment will result in compatible future development, which will meet the recommended land use and circulation pattern, maximum density and intensity of development, a desired mix of uses and other factors consistent with the goals and policies of the General Plan. SECTION 3. Amendment to the Land Use Element. The Land Use Element of the General Plan is hereby amended by adding the description of the Uptown Jefferson Specific Plan and the Specific Plan Implementation to the text of the Land Use Element and adding Uptown Jefferson Specific Plan to the Approved Specific Plan Areas (Table LU -4), and removing Jefferson Avenue Mixed Use Area from the Land Use Focus Areas (Figure LU -5) and Mixed Use Overlay Areas (Table LU -6) as provided in Exhibit "A," attached hereto and incorporated herein by this reference as though set forth in full. SECTION 4. Amendment to the Land Use Policy Map. The Land Use Policy Map Figure LU -3 in the Land Use Element of the General Plan is hereby amended to include the Uptown Jefferson Specific Plan Areaas provided in Exhibit "B," attached hereto incorporated herein by this reference as though set forth in full. SECTION 5. Amendment to the Community Design Element. The Community Design Element is hereby amended by adding the description of Uptown Jefferson Specific Plan to the text of the Community Design Element, amending the Community Design Plan (Figure CD -1) by removing Mixed Use Overlay Area No. 1, identifying the intersections of Winchester Road/Jefferson Avenue, Overland Drive/Jefferson Avenue, and Del Rio/Jefferson Avenue as focal intersections, and identifying Jefferson Avenue for a major streetscape improvements as provided in Exhibit "C," attached hereto incorporated herein by this reference as though set forth in full. SECTION 6. Amendment to the Circluation Element. The Roadway Plan (Figure C-2) of the Circulation Element of the General Plan, is hereby amended by changing the classification of Jefferson Avenue, north of Winchester Road, from a Principal Arterial (6 -lane divided) to a Major Arterial (4 -lane divided) as provided in Exhibit "D," attached hereto incorporated herein by this reference as though set forth in full. SECTION 7. City Manager Authorization. The City Manager is hereby authorized and directed to take all steps necessary to implement these amendments. SECTION 8. Consistency with General Plan. The Land Use, Circulation and Community Design Elements of the General Plan, as amended by this Resolution, are consistent with the other Elements of the General Plan in conformity with Government Code section 65300.5. Insofar as other portions of the General Plan need to be revised to effectuate General Plan Amendment, the City Clerk is hereby authorized and directed to make all necessary revisions to effectuate this amendment. SECTION 9. Effective Date. This Resolution shall be effective upon the effective date of Ordinance No. 15- , "AN ORDINANCE OF THE CITY OF TEMECULA ADOPTING THE UPTOWN JEFFERSON SPECIFIC PLAN, AMENDING THE TEMECULA ZONING CODE REGARDING APPROVED SPECIFIC PLAN ZONES, AMENDING THE TEMECULA ZONING MAP, AND AMENDING THE ADULT BUSINESS OVERLAY ZONE TO ELIMINATE THE UPTOWN JEFFERSON SPECIFIC PLAN AREA". SECTION 10. Notice of Adoption. 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 17th day of November, 2015. Jeff Comerchero, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 15- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 17th day of November, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk L A N D u s E EXHIBIT A important economic and environmental relationships to both the City and area residents. However, properties within this designation may not be subject to City or County planning, zoning, and building regulations. Cooperative efforts between the City, County, and local Tribal Governments are important to ensuring that areawide issues are appropriately addressed to the benefit of all local residents. r RC- RECREATION COMMERCIAL OVERLAY Intensity Range: Varies Target Intensity: N/A The Recreation 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 uses of regional interest that draw visitors from throughout the City and region. Permitted uses include commercial recreation, conference centers, golf courses, clubhouses, hotels, resorts (including fractional ownership units), restaurants, parks, camp grounds, open spaces and community facilities. Restaurants, hotels, and resort uses are accessory to the underlying open space uses. SPI - SPECIFIC PLAN IMPLEMENTATION Intensity Range: Varies Target Intensity: Varies The Specific Plan Implementation (SPI) designation may be applied to areas within the City which have an approved Specific Plan. This designation allows for a variety of land uses which include both residential and non-residential uses. Geographic areas designated SPI typically allow for mixed use development as specified by the approved specific plan. TARGET DENSITIES AND INTENSITIES For various reasons, many parcels in the community have not been developed to their maximum density or intensity. Future development is expected to occur at the target level of density or intensity stated in Table LU -1 for each land use designation. For CITY OF IEMECULA GENEKAL PLAN LU -24 Formatted: Left Formatted: Font: Felix Titling, Bold L A N D u S E SPECIFIC PLANS Many areas within the City and Planning Area are subject to the plans, policies and implementation measures of currently adopted or anticipated future Specific Plans. The purpose of Specific Plans is to provide comprehensive planning of large areas consistent with the General Plan. A Specific Plan area designation is used to identify 25 such areas within the Temecula Planning Area, which because of size, location, and/or special development opportunities require a coordinated and comprehensive planning approach (see Figure LU - 4). In identified Specific Plan areas of 100 or more acres, approval of a Specific Plan is required prior to approval of any discretionary land use entitlement or issuance of any building or grading permit. In some areas, Village Center Plans, which allow greater intensities, can also be used. Planned development overlays can be used for smaller areas. Specific Plans must be prepared in accordance with the requirements of Section 65451 of the California Government Code and the City's Development Code, which contains some additional requirements tailored to meet local needs and conditions. Designated areas will require detailed plans indicating land uses, circulation, major infrastructure and facilities, open space and parks, and appropriate implementation measures. All Specific Plans will be evaluated for consistency with the goals, policies, plans and programs of the General Plan. Approved Specific Plan Areas — As shown in Table LU -4, a total of 24 Specific Plans have been approved within the planning area as of October 2015. Specific Plan documents for each of these areas are available for reference at the City Planning Department. Approved land uses for each Specific Plan are shown on the Land Use Policy Map. CITY OF IEMECULA GENEKAL PLAN LU -28 TABLE LU -4 APPROVED SPECIFIC PLAN AREAS Label in Fig. LU- 3 Adopted Specific Plan Location Description/Objectives General Plan Land Uses Acres SP -9 Redhawk South of Vail Ranch SP. Pre -incorporation Specific Plan approved in 1988 including residential and commercial/industrial development. LM, M, PI, OS 1,261 SP -10 Vail Ranch South of Temecula Creek, between Margarita and Butterfield Stage Roads. Pre -incorporation Specific Plan approved in 1988 including residential and commercial/industrial development. LM, PI, OS, HT, IP 628 SP -11 Roripaugh Ranch Along Butterfield Stage Road in the northeast corner of the City. To develop a master planned residential community providing a variety of housing types suited to the terrain and sensitive to natural landforms. The maximum density is not to exceed an average of three dwelling units per acre. Future development should protect sensitive natural resources of the area. L, LM, M, NC, OS, PI 792 SP -12 Wolf Creek Southern portion of the City, along Pechanga Parkway. To provide a balance of uses with commercial and public uses serving the surrounding area. Intended to be a village center in the southeast portion of the City. LM, NC, CC, PI, OS, M 551 SP -13 Harveston Between Margarita Road, and I-15, along City limits. To provide a mix of land uses with higher density residential close to commercial and employment uses, and to provide open space links between residential, public and commercial uses. LM, M, H, SC, PI, OS 557 SP -14 Uptown Jefferson Specific North of Rancho To promote revitalization and guide future development by encouraging CC, SC, HT, 557 Plan California Road, west urban in -fill and a mix of uses including residential, commercial retail, hotel IP,PI OS of Interstate 15, north and hospitality, office/employment, higher education, and cultural arts -related of Cherry Street and uses that co -exist within close proximity to one another, supported by a multi - east of Diaz Road. modal transportation network and connected to recreation and open spaces. PDO -4 PDO -5 Temecula Creek Village Rancho Pueblo Along SR -79 South, between Jedediah Smith Road and Margarita Road. To achieve comprehensively planned mixed-use developments with compatible/complementary mixtures of office, support commercial, residential, and services. PO 33 49 Sphere of Influence #184 Rancho Bella Vista North of Murrieta Hot Springs Road and the City limit. To provide a residential planned community that protects the natural resources of Skunk Hollow and hillside areas, provides a range of residential densities connected to a contiguous open space system, and links to adjacent LM, PI, OS 797 CITY OF TEMECULA GENERAL PLAN LU -32 TABLE LU -6 ]MIXED USE OVERLAY AREAS Mixed Use Overlay Areas Development Capacity Name Location Residential Units' Non -Residential Square Feet2 Daily Trip Cap (ADT) 1. Al Avenue, 'I 11 822 ng Jcffcrs n f La3 Hacicnda3 Street n rth f Jcffcrs n Avcnue 7009 and 3 uth the 3h pping 1 arca catcd at Jeffers n Avenue Winchester R and ad. 21. Town Center/Tower Plaza North of intersection of Rancho California Road and Ynez Road. 668-1,3373 1,090,000-1,460,000 30,000 2. South of Old Town Service Commercial areas on Front Street south of Santiago Road 94-189 160,000-210,000 6,000 1. Residential range based on 20%-40% residential use of site at 28 units per net acre. 2. Non-residential range based on 60%-80% non-residential use of site at 0.35:1 FAR. 3. Senior housing is strongly encouraged as a part of the residential component of the Town Center/Tower Plaza site. PRESERVING RURAL AREAS Mixed use areas and village centers will also be linked via multi -use trails, and regional and local transit service. The City will work with regional planning agencies to ensure that mixed use areas are linked to any future commuter or high speed rail service connecting Temecula to other parts of the region. Rural areas within the planning area are of special economic and aesthetic importance to the City. Community members have considered future land use options within three Rural Preservation Areas, and have expressed a desire to keep these areas rural. Rural Preservation Areas are identified in Figure LU -5, and listed in Table LU -7. CITY OF I E M E C U L A GENEKAL PLAN LU -39 4,0 L A N D u_ s E L N D u S E UPTOWN JEFFERSON Uptown Jefferson includes much of the city's first commercial development, and once was an important, locally -serving community destination along historic route Highway 395, which was the primary vehicular thoroughfare through the area prior to the construction of Interstate 15. Following the incorporation of the City in 1989, the area continued to develop under typical Post -World War II development patterns: an eclectic mix of auto -oriented light industrial, office, strip -commercial and retail uses serving the local community. Although many of the businesses within the area are still economically -vital, the area has been overshadowed by new development activity taking place elsewhere in the city. As a result, it was determined that enhancing the area's economic assets would be critical to the area's and the City's long term future. In order to promote revitalization, the Uptown Jefferson Specific Plan has been developed to achieve the community's future vision and spark renewed interest and investment into the area. Uptown Jefferson will be Temecula's newest "destination." Vibrant, sophisticated and unique, the area will become home to a diverse mix of residents of all ages, experiences and interests, living in eclectic. up-and-coming neighborhoods. These neighborhoods in Uptown Jefferson will provide a unique metropolitan experience, rivaled by no other place in the city or region. The neighborhoods will be up -scale and culturally robust, each with a distinct character and identity. offering a mix of homes, shops, offices, restaurants and other locally - serving uses. Esthetically enhanced and interconnected street networks provide expanded mobility options to residents, workers and visitors. In addition, one-stop parking combined with efficient transit, tree lined sidewalks and safe bikeways. These expanded networks of bicycle paths, sidewalks, and multi -use trails connect neighborhoods, businesses, and recreation areas. Trails along Murrieta Creek connect active play fields and parks in the northern area, Old Town to the south, the business park to the west, and Promenade Mall and other neighborhoods to the east. CITY OF IEMECULA GENEKAL PLAN LU -44 Formatted: Font: Felix Titling, 14 pt 441,4* gene L A N D LI S E 11 Figure LU -4 Specific Plan Areas CITY OF TEMECULA GENERAL PLAN Approved Specific Plans SP- 1 Roripaugh Hills SP- 2 Rancho Highlands SP- 3 Margarita Village SP- 4 Paloma/Paseo Del Sol SP- 5 Old Town SP- 6 Campos Verdes SP- 7 Temecula Regional Center SP- 8 WestsideNillages at Old Town SP- 9 Redhawk SP -10 Vail Ranch SP -11 Roripaugh Ranch SP -12 Wolf Creek SP -13 Harveston SP -14 Uptown Jefferson PDO -4 Temecula Creek Village PDO -5 Rancho Pueblo # 106 Dutch Village # 184 Rancho Bella Vista # 213 Winchester Properties/Sft erhawk # 265 Borel Airpark # 284 Quinta Do Lago # 286 Winchester 1800 # 238 Crown Valley Village # 313 Morgan Hill Future Specific Plans Y Specific Plan Area Y Z Specific Plan Area Z eller Rd SRe ili Rd County of Riverside Jean Nichol Rd B ores Ra Buck Rd • • • Temecula City Boundary Sphere of Influence Boundary Planning Area Source: Temecula GIS and Cotton/Bridges/Associates N 0 5,000 H H I 10,J00 Feet . --...—ate Miles 1 H H I 0 2 CITY OF TEMECULA GENERAL PLAN LU -28 L A N D LI s E II] Figure LU -5 Land Use Focus Areas II CITY OF TEMECULA GENERAL PLAN Legend 0 NDN /AY/ Mixed Use Overlay Areas Rural Preservation Areas Future Growth Area . — Temecula City Boundary Sphere of Influence Boundary Planning Area Source: Temecula GIS and Cotton/Bridges/Associates • eller Rd County of Riverside Hunter Rd Buck Rd 0 5,000 HHI FHFHI 0 1 Fee Miles 2 1 I_ F i F 1I lr _.. 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FIEDPININI nammr.ummEmw • CITY OF TEMECULA GENERAL PLAN I 49 I Soectfic Plan Imolementabon RESIDENTIAL - 1411.10 (0-0 1 02/05 Max) I Fn I Rural (0 1-0 2 Ou/Ac M.) I I Very Low (0 2-0 4 Ou/Ac Max) Low (0 5-2 9 Ou/Ac Max) I I Low Med.um (3 0-6 9 Ou/Ac M.) Nledum (/ 0-12 9 Ou/Ac Max) o-zo o Du. m.) COMMERCIAL / OFFICE Mit Neighborhood Commercral - Co mmun.R Commeroal I lir I 4195way Tounst Commercr. I ServIce Commercol I PO Office INDUSTRIAL - 1112,,st1ra, Park PUBLIC USES A OPEN SPACE Put, Instrt.tonal Facades I 19 I VIneyards/Agnoultural - 511191 Space I 444 I Tr.., Trust Lands Recreatron C25550015/01 0100200 Adopted April 12, 2005 Revised March 29, 2012 (GCR00002002 12-04) —.— Temecula Croy Boundary 5p0ere a/nfluence..., Plamung Nea OLD TOWN TEMECULA EXHIBIT C AREA DESIGN CONCEPTS Old Town Temecula represents a great opportunity for the City to preserve its heritage while promoting local tourism. The Old Town area is recognized as the heart of the City and a separate Specific Plan has been prepared for the area. While the area no longer functions as a "Town Center" or "Downtown," many of the attributes of Old Town help to establish the area as a special place within the City of Temecula. The placement of additional civic and cultural uses in Old Town would help revitalize and restore the area. UPTOWN JEFFERSON Uptown Jefferson is located immediately north of Old Town Temecula. This area encompasses much of Temecula's first commercial core, and was once a bustling and important locally - serving community destination. Since this time, the area has been overshadowed by development activity, infrastructure improvements and private investment taking place elsewhere in the city. However, enhancing this area's economic assets is critical to the area's long term future. The revitalization of the area will occur through the implementation of the Uptown Jefferson Specific Plan, as well as through the application of various economic development strategies, land use incentives, and by allowing for greater development intensity within the area. This area is anticipated to include a mix of land uses, such as urban residential neighborhoods, commercial retail, hotel and hospitality, office/employment, higher education, cultural arts, and recreation -related uses that co -exist within close proximity to one another. This synergy in land use will create a vibrant destination, up- scale residential neighborhoods and establish viable employment opportunities within the City. CITY OF TEMECULA G E N E R A L PLAN CD -17 C 0 M M u N I T Y D E S I G N C 0 M M u N T Y D E s G N Figure CD -1 Community Design Plan CITY OF TEMECULA GENERAL PLAN Legend Activity and Design Elements Activity Node 0 Focal Intersection -® 0 Mixed Use Overlay Areas City Gateway City Entrance Signs Streetscapes and Viewsheds Nature/Wilderness Trails MjorStreetscape t weguuvion, and mourmin biking) Minor Streetsape 0000 Community Trail Viewshed Local Trail as :r Chaparral Public, Open Space, and Recreation Facilities Public Institutional Facilities Vineyards/Agricultural Open Space, Parks, and Recreational Facilities Temecula City Boundary Sphere of Influence Boundary Planning Area City Hall Community Center der Rd peen! Rd County of Riverside Jean Nichol: Rd N uor J 0 2,500 5,000 7,500 10,000 Feet Miles H H H H 0.5 1.5 2 LITY OF TEMECULA GENERAL P L A N CD -5 C 1 R C u L A T 1 0 N Figure C-2 Roadway Plan CITY OF TEMECULA GENERAL PLAN Legend Interchange Improvements Urban Arterial (8 Lanes divided) Principal Arterial (6 Lanes divided) Major Arterial (4 Lanes divided) Secondary Arterial (4 Lanes undivided) Modified Secondary Arterial (4 Lanes separate • • • • Limited Secondary Arterial (2 Lanes divided) Collector (2 Lanes undivided) Rural Highway (2 Lanes undivided) EXHIBIT D eller Rd County of Riverside Jean Nicholas Rd Hunter Rd Bore! Rd Spring Rd i r v 0 5,000 10,00 1 Feet 1--r H I H H I 0 2 Miles CITY OF TEMECULA GENERAL PLAN C. 21 ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE UPTOWN JEFFERSON SPECIFIC PLAN, AMENDING THE TEMECULA ZONING CODE TO ADD THE UPTOWN JEFFERSON SPECIFIC PLAN TO THE APPROVED SPECIFIC PLAN ZONES, AMENDING THE TEMECULA ZONING MAP TO REFLECT THE UPTOWN JEFFERSON SPECIFIC PLAN, AND AMENDING THE ADULT BUSINESS OVERLAY ZONE TO ELIMINATE THE UPTOWN JEFFERSON SPECIFIC PLAN AREA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals and Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Uptown Jefferson Specific Plan ("Specific Plan") has been initiated and prepared on behalf of the City of Temecula. The Specific Plan area is approximately 2.3 miles long and encompasses approximately 560 acres. The Specific Plan area is located north of Rancho California Road, west of Interstate 15, south of Cherry Street, and east of Diaz Road. The Specific Plan area is divided into six zoning districts: Uptown Center District, Uptown Hotel/Tourism District, Uptown Sports/Transit District, Uptown Arts District, Creekside Village District and the Murrieta Creek Recreation and Open Space District. In addition, there are two overlay zones: Creekside Village Commercial Zone and the Wilder Hills Residential Overlay Zone. It is projected that approximately 5.5 million square feet of new development could be constructed in the Specific Plan area within twenty years. This includes approximately 1.7 million square of feet of commercial development, 315 new hotel rooms and 3,726 new residential dwelling units. B. On October 18, 2011, December 6, 2011, February 2, 2012, April 5, 2012, June 14, 2012, and July 19, 2012, the City conducted Community Visioning Workshops to provide information about the Specific Plan and to craft a community driven vision and set of policy directions that would provide the City with a clear focus for developing policies and standards for the Specific Plan. C. The adoption of the Specific Plan also includes a General Plan Amendment, a Zoning Code Amendment to add the Specific Plan area, a Zoning Map Amendment to change the zoning classification of the properties located within the Specific Plan area, and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone (collectively referred to as the "proposed Project"). D. The proposed Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code § 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs. § 15000 et seq. (collectively referred to as "CEQA"). Pursuant to CEQA, the City is the lead agency for the Specific Plan, as the public agency with both general governmental powers and the principal responsibility for implementing the Specific Plan. E. A Draft Environmental Impact Report ("Draft EIR"), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the proposed Project in accordance with CEQA. Upon completion of the Draft EIR in March 2015, the City initiated a public comment period by filing a Notice of Completion with the State Office of Planning and Research on April 1, 2015. The public comment period commenced via the State Clearing House from April 2, 2015 through May 18, 2015. A Notice of Completion and Recirculation of a Draft EIR was also sent to adjacent property owners indicating a review period of May 19, 2015 through July 6, 2015. Copies of the documents have been available for public review and inspection at the City of Temecula Community Development Department, Planning Division, located at 41000 Main Street; the Temecula Public Library located at 30600 Pauba Road; the Temecula Grace Mellman Community Library located at 41000 County Center; the City of Temecula website; and the Envision Jefferson Avenue website. F. On October 21, 2015 and November 4, 2015, the Planning Commission held duly noticed public hearings to consider the proposed Project, including the Specific Plan, the General Plan Amendments, the Zoning Code Amendments and Zoning Map Amendment, and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone. City staff presented a report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project, the EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations. At the conclusion of the November 4, 2015 Planning Commission hearing and after due consideration of the entire record before the Planning Commission, including both an oral and written staff report and public comment, the Planning Commission adopted Resolution No. 15-27, entitled "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY OF TEMECULA ADOPTING THE UPTOWN JEFFERSON SPECIFIC PLAN, AMENDING THE TEMECULA ZONING CODE TO ADD THE UPTOWN JEFFERSON SPECIFIC PLAN TO THE APPROVED SPECIFIC PLAN ZONES, AMENDING THE TEMECULA ZONING MAP TO REFLECT THE UPTOWN JEFFERSON SPECIFIC PLAN, AND AMENDING THE ADULT BUSINESS OVERLAY ZONE TO ELIMINATE THE UPTOWN JEFFERSON SPECIFIC PLAN AREA" AND A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE LAND USE ELEMENT, THE LAND USE POLICY MAP, THE CIRCULATION ELEMENT, AND THE COMMUNITY DESIGN ELEMENT OF THE GENERAL PLAN IN CONFORMITY WITH THE UPTOWN JEFFERSON SPECIFIC PLAN." G. On November 17, 2015, the City Council of the City of Temecula considered the proposed Project including the Specific Plan, the General Plan Amendments, the Zoning Code Amendments and Zoning Map Amendment, and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone the Draft EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The City Council considered all the testimony and any comments received regarding the proposed Project, the Draft EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations prior to and at the public hearing. H. On November 17, 2015, the City Council adopted Resolution No. 15-_, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE LAND USE ELEMENT, THE LAND USE POLICY MAP, THE CIRCULATION ELEMENT, AND THE COMMUNITY DESIGN ELEMENT OF THE GENERAL PLAN IN CONFORMITY WITH THE UPTOWN JEFFERSON SPECIFIC PLAN" which amended the Land Use Element Map of the Temecula General Plan to change the land use designations of parcels within the Uptown Jefferson Specific Plan area from Community Commercial (CC), Service Commercial (SC), Highway Tourist Commercial (HT), Business Park (BP), Industrial Park (IP), Public Institutional (PI), and Open Space Conservation (OS -C) to Specific Plan Implementation. Pursuant to Resolution No. 15- , the City Council also amended the Land Use Element text of the Temecula General Plan by adding the description of the Uptown Jefferson Specific Plan and removing the Jefferson Avenue Mixed Use Overlay Area. I. Following consideration of the entire record of information received at the public hearing, the City Council adopted Resolution No. 15- entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE UPTOWN JEFFERSON SPECIFIC PLAN AND RELATED ACTIONS, AND ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION WITH THE ADOPTION OF THE UPTOWN JEFFERSON SPECIFIC PLAN" certifying and adopting the Final EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations. The Final EIR and Mitigation Monitoring and Reporting Program accurately address the impacts associated with the adoption of the Ordinance. SECTION 2. Legislative Findings. Based on the evidence and all other applicable information presented, the City Council makes the following findings regarding the Specific Plan: A. The Specific Plan will comply with the requirements of California Government Code section 65451 based on the following: (1) The Specific Plan contains diagrams and text which specify in detail the distribution, location, and extent of the uses of land, including open space, within the area covered by the plan (pages 3-1 through 3-23 of Specific Plan). (2) The Specific Plan contains diagrams and text which specify in detail the proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan (pages 6-1 through 6-21 of Specific Plan). (3) The Specific Plan contains diagrams and text which specify in detail the standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable (pages3-19 through 3-23 of Specific Plan). (4) The Specific Plan contains a program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and (3) above (pages 7-1 through 7-19 of Specific Plan). (5) The Specific Plan includes a statement of the relationship of the Specific Plan to the General Plan (pages 2-1 and 2-3 of Specific Plan). B. Pursuant to Temecula Municipal Code Section 17.16.020(E), the City Council in adopting the Specific Plan finds determines and declares that: (1) The proposed specific plan is consistent with the General Plan and development code. The Specific Plan is consistent with the direction, goals and policies of the General Plan, as amended. The Specific Plan implements the goals and policies of the City's General Plan, provides balanced and diversified land uses, and imposes appropriate standards and requirements with respect to land development and use in order to maintain the overall quality of life and the environment within the City. The goals and policies in the Land Use Element of the General Plan encourage "a complete and integrated mix of residential, commercial, industrial, public and open space land uses (Goal 1)," and "a City of diversified development character where rural and historical areas are protected and co -exist with newer urban development (Goal 2)." The Specific Plan will assist in implementing these goals by establishing neighborhoods that are upscale and culturally robust, each with a distinct character and identity, offering a mix of homes, shops, offices, restaurants and other locally -serving uses. The Specific Plan's land use mix that will include commercial, retail and residential uses, public open space amenities and intentional pedestrian -orientated design of streets and sidewalks will maximize the connectivity of the area. The Specific Plan establishes six zoning districts which are based upon current and historical uses in order to cultivate a unique character for each area. This will ensure that locally -owned and operated business and services will continue to thrive, side-by-side with the new wave of entrepreneurial ventures. The Specific Plan is consistent with the City's development code, as amended by this Ordinance. The Specific Plan area is properly planned and zoned and is physically suitable for the type of proposed uses contemplated in the area. (2) The proposed Specific Plan would not be detrimental to the public interest, health, safety, convenience or welfare of the City. The City has engaged in extensive studies and review of the potential impacts of the Specific Plan as well as the various potential benefits to the City by the development of the Specific Plan and concluded that the Specific Plan is in the best interests of and is not detrimental to the health, safety and general welfare of the City. Although many of the businesses within the Specific Plan area are still economically -vibrant and provide vital services to the community, the area has since been overshadowed by new development and private investment in other parts of the City. As a result, the Specific Plan seeks to spark the revitalization of the area which is critical to its long term future and will promote economic longevity which is in the public health, safety and welfare. The Specific Plan was reviewed and determined to be in conformance with the City's General Plan, as amended. These documents set policies and standards that protect the health, safety and welfare of the community. In addition, the Specific Plan establishes specific building design guidelines and standards that ensure compatibility and interface with the surrounding community in terms of density, design and circulation. Therefore, the Specific Plan is compatible with the health, safety and welfare of the community. (3) The subject property is physically suitable for the requested land use designations and the anticipated land use developments. There are no physical constraints of the Specific Plan area which would preclude or prohibit the requested land use designations or anticipated developments. Moreover, the Specific Plan land uses are consistent with the land uses of the General Plan, as amended, and will serves as the tool to regulate and implement the goals and policies of the General Plan. The Specific Plan area benefits from a range of assets including Murrieta Creek and nearby open spaces, lush hillside views, and convenient freeway accessibility. The Specific Plan area is physically suitable for proposed land use designations because it will maintain 240 acres as open space, and will encourage public and private investment in the development of world class walking and biking trails, public open spaces and passive recreation spaces. The Specific Plan will also promote in -fill development in the older commercial and industrial centers to revitalize the area. (4) The proposed Specific Plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. The Specific Plan is a form -based code which emphasizes the physical form of buildings to foster predictable built results as the organizing principle for the code, rather than focusing on the strict separation of uses. Under a form -based code, buildings are constructed in a manner that yield flexibility in building form and design, allowing for land uses to fluctuate as a result of the changing economic landscape. The form -based code will employ the combination of both building forms and building frontages to create a pedestrian scaled -urban environment, and encourage mixed-use development in an urban setting. Additionally, the development of six separate districts will encourage the development of the distinct areas based upon current and historical uses in order to cultivate a unique character for each district. The Specific Plan is compatible with surrounding land uses. The current land uses north, east and west of the Specific Plan area consist primarily of commercial and industrial uses. The current land uses to the south of the Specific Plan area consist of predominately tourist service development. The Specific Plan would provide for a mix of land uses including commercial, and residential uses. Northwest and northeast of the proposed Project area is open space. The Specific Plan would maintain approximately 240 -acres zoned Open Space -Conservation. The Specific Plan area is adjacent to Murrieta Creek, but would preserve the open space designation that surrounds the creek. SECTION 3. Adoption of Specific Plan. The City Council of the City of Temecula hereby adopts the Uptown Jefferson Specific Plan. The Specific Plan is on file in the City Clerk's office and is incorporated herein by reference as though set forth in full, SECTION 4. Zoning Code Amendment. A. Section 17.16.070 (Approved specific plans) of Chapter 17.16 (Specific Plan Zoning District SP-) of Title 17 (Zoning) of the Temecula Municipal Code is amended to add the following Specific Plan area: "SP -14 Uptown Jefferson" SECTION 5. Zoning Map Amendment. The City Council hereby amends the Zoning Map of the City of Temecula to add the zoning classification "Uptown Jefferson Specific Plan" to the Zoning Map as shown on Exhibit A to this Ordinance incorporated herein by this reference as though set forth in full. SECTION 6. Adult Business Overlay Zone Amendment. A. Legislative Findings (1) The City Council seeks to remove the parcels located in the Specific Plan area from the boundaries of the Adult Business Overlay Zone which is identified as Special Use Overlay No. 1 ("Overlay Zone"). (2) It is not the intent of this Ordinance to suppress any speech activities protected by the First Amendment, but rather to address the adverse secondary effects of adult businesses. It is further the intent and purpose of this Ordinance to reduce the secondary effects of adult businesses upon the residential uses that will be located within the Specific Plan area. (3) The City Council finds that adult businesses tend to attract prostitution, drug use, crime, noise, and disorderly conduct. Adult businesses also reduce property values for the surrounding businesses and residences, and contribute to blight and the downgrading of the areas in which they are located or surrounding areas. (4) The City Council finds that the protection and preservation of the public health, safety and welfare require that certain distances be maintained between adult businesses and residential uses. Temecula Municipal Code section 17.08.020 provides that the intent of the Overlay Zone is "to designate areas that adult businesses may be considered" and that this area is "generally away from residential uses and other sensitive uses and is primarily located within the commercial districts." The Specific Plan area will include a mix of residences, shops, offices, restaurants and other locally -serving uses. The Specific Plan contemplates that the residential uses will be integrated with the other uses to activate the area during the day, evenings and weekends. The Specific Plan seeks to encourage live/work arrangements, and mixtures of compatible, pedestrian -orientated retail, office, public facilities, open space, and house at activity nodes through urban design standards. The City Council hereby finds that the secondary effects of adult businesses would not be appropriate so close to the residential uses that will be located in the Specific Plan area. The (5) secondary effects associated with adult businesses would not be compatible with the residential uses and would be disrupted to the residents of Specific Plan area. The City Council further finds that the removal of parcels located in the Specific Plan area from the boundaries of the Overlay Zone will allow adequate sites for adult businesses to locate in the City. City staff has advised that 426 commercially -zoned parcels would remain available for adult businesses after removing the parcels in the Specific Plan area from the Overlay Zone. All of those commercially -zoned parcels have adequate access to appropriate infrastructure (e.g., utilities, roads, and sidewalks). In addition, City staff has indicated that a number of the available parcels are actually vacant commercial spaces. Even in light of the 1,000 -foot buffer between adult uses, which are required by Temecula Municipal Code section 5.09.040, approximately 13 adult businesses could simultaneously locate in the Overlay Zone after it is amended to exclude the Specific Plan area from its boundaries. Given the size of the City and the fact that the City does not have a single adult business operating within its borders at this point, the available sites are adequate and are part of the real estate market. (6) The City Council further finds that there are an adequate number of sites that are within the real estate market to provide a reasonable opportunity for adult businesses to be located in the City. The City has a total population of 108,920. 1.8 percentage of land in the City is theoretically available to adult businesses. In addition, there are 13 sites that are potentially available for adult uses. Currently, there are no businesses that wish to offer adult entertainment in the City. Since its inception, the City has never received an application for an adult business. B. Amendment Section 17.08.020 (H) (Description of commercial/office/industrial districts.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is amended to add: "Special Use Overlay Zone No. 1 is depicted on the map attached as Exhibit B to Ordinance No. 15- , and is incorporated herein by this reference as though set forth in full." Section 17.08.030 (Use regulations.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is amended as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HTC SC PO BP LI A Adult Businesses -subject to Chapter 5.09 of the Temecula Municipal Code7 -- C C C -- -- -- 7. Only within Special Overlay Zone No. 1 as described and depicted in Ordinance No. 15 - SECTION 7. Consistency with General Plan The foregoing amendments outlined in Sections 4, 5, and 6 above are consistent with the goals and policies of the General Plan for the City of Temecula. SECTION 8. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect. SECTION 9. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. SECTION 10. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 17th day of November, 2015. Jeff Comerchero, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 15- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 17th day of November, 2015, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk P,. B LI. rA '*.4f.t4'4f- ** 11010, i 1100-41' AO* ffi 41/1110 isilltra4.._ Pat i ***-- 016-11( ... I. p�5P,=5 . 1 -kw* se '''"IfialoriG hirset*Vit.V.AWW4Arr-/ WOr4ips -.4..•14‘..-ItA-0„,-t ,et ow' Mkt' illity#411■Ii *VON Orek lir 4.1iallr"r0OP, r *tool**. wii.... ,,„ ....._. OB- Ako -opowiligg* *Ai stow* 04-40 toogititirlikir 11111::::44171 e- 11111111111141111111111 4 NI PT to 00 tw 0-4 0 .ormi SAM 0,000.1.011 100.0n* VMS ■ Willm1161"2 =4i "m. 1024 -Ant grerwia-mor Asiwilliapiorvag".:Jir aVia owl aum ■1.111: �1:': Illil1111111115111 Effective Date: August 9, 2005 venae tre eo�� Zoning Designations Designation ensry Residential,/ ryp Resident. a ▪ Mediumoaoeemei ▪ 9 o▪ meea cetal �ml - es Rha�, 1.1 Rhee Rcea, a-=m�m ., - w ws., - ▪ co m comme.aa cc - � e�, omme, ▪ ne..,..commeOa c, - P,ak�mron o ase ��comme,a�,sc, - oans .os ▪ Public,. aneace,ma Pw �M eC ou - -e� e Special Use Overlay Zone No. 1 r" -"i City Parcels Parcels ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING CHAPTER 15.20, UPTOWN JEFFERSON SPECIFIC PLAN NEW STREETS IN -LIEU FEE AND MAKING FINDINGS THAT NO FURTHER CEQA REVIEW IS REQUIRED THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Recitals. The City Council of the City of Temecula does hereby find, determine and declare that: A. Keyser Marston, Inc., prepared a New Streets In -Lieu Fee Nexus Study for Uptown Jefferson Specific Plan, dated August, 2015 (the "Fee Study"), that analyzes the impact of development within the Uptown Jefferson Specific Plan Area on the need for certain street improvements and calculated the in -lieu fee based on that analysis. B. The period of greater than ten (10) days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost of estimated cost of the streets to be funded, the revenue sources anticipated and means of spending these costs. C. On November 17, 2015, the City Council held a duly noticed open and public meeting, at which it considered the proposed adoption of the in -lieu fee for streets within the Uptown Jefferson Specific Plan Area ("In -Lieu Fee"). The Fee Study, which contains data indicating the estimated cost, required to provide the streets for which the In -Lieu Fee would be levied and the revenue sources anticipated to provide the service, was made available to the public at least ten days prior to the date of this City Council meeting. D. On November 17, 2015, the City Council held a duly noticed public hearing regarding the adoption of the In -Lieu Fee and this Ordinance. Following the receipt of all staff reports, public testimony and other evidence, the public hearing was closed. E. On November 17, 2015 the Council adopted Resolution No. 15 - certifying the Environmental Impact Report for the Uptown Jefferson Specific Plan and adopting the Mitigation and Monitoring Program ("EIR"). The EIR analyzed the environmental impacts of the streets proposed by the Specific Plan which streets were proposed to be funded by the In -Lieu Fee. The City staff has evaluated the potential environmental impacts of the adoption of this specific Ordinance, pursuant to the California Environmental Quality Act ("CEQA"). City staff has determined that these actions do not constitute a "project" under CEQA pursuant to State CEQA Guidelines Section 15378(b)(4) because these actions involve the creation of a government funding mechanism for public improvements that have been fully analyzed under the EIR. In addition, City Staff has determined that these actions are categorically exempt from CEQA under CEQA guidelines Section 15273(a)(4) because these actions and documents are merely establishing an in -fee to obtain funds for public improvements that have been fully analyzed by the EIR. F. All prerequisites to the adoption of this Ordinance as specified by the Mitigation Fee Act (California Government Code Section 66000 et seq.) and other applicable laws have been satisfied. Section 2. Chapter 15.20, Uptown Jefferson Specific Plan New Streets In -Lieu Fee, is hereby added to the Temecula Municipal Code to read as follows: "CHAPTER 15.20, UPTOWN JEFFERSON SPECIFIC PLAN NEW STREETS IN -LIEU FEE 15.20.010 Findings and intent 15.20.020 Definitions 15.20.030 In -Lieu Fees and In -Lieu Fee Credits 15.20.040 Establishment and Administration of Uptown Jefferson Specific Plan New Streets In -Lieu Fee Fund 15.20.050 Payment 15.20.060 Severability 15.20.010 Findings and intent. The City Council finds, determines and declares that: A. During the visioning process for the Uptown Jefferson Specific Plan ("Specific Plan"), the community identified the importance of improving the future viability of alternative transportation modes, including walking, biking and transit, and getting people out of their cars. The community also identified the need to improve circulation for all modes of transportation, and ensure that the existing street network is expanded and additional internal street connections are made to sustain the future intensification of the area. As a result of this visioning recommendation, the Specific Plan requires smaller blocks and new streets to achieve and implement the future vision: a multi -modal interconnected street network within the Specific Plan area, which improves circulation for vehicles, bicycles, pedestrian and transit. B. In towns prior to World War II, streets were commonly designed to accommodate pedestrians. Street layouts were planned to create smaller blocks, which created compact downtowns. This enabled people to easily walk between stores and shops. The best local example of this is the street grid in Old Town. Temecula's growth accelerated during the 1960's, and new development extended north and south of Old Town. The Specific Plan Area was zoned for commercial uses, and excluded residential uses. In the 1960's and 1970's, streets were optimized for automobiles, and were designed to move as many cars as quickly as possible. This was achieved through the use of wide streets, gentle curves and large blocks. Large blocks resulted in fewer intersections and wide straight streets enabled faster traffic speeds. For pedestrians, this resulted in long walking distances on sidewalks that were next to fast moving traffic. Also, wide streets have longer crosswalks, and require more time for pedestrians to cross. The experience of walking on Temecula Avenue is perceived by pedestrians as not very safe, comfortable or interesting. C. The future vision for Specific Plan Area is a vibrant, pedestrian -friendly, urban district within the City of Temecula. The goal is to support a mix of uses, including residential. Accordingly, the Specific Plan calls for streets that achieve a better balance between the needs of pedestrians, bicycles, cars and public transit. The creation of smaller blocks in Uptown Jefferson Specific Plan area is a key strategy to achieve a multi -modal street network. Smaller blocks will provide safe, convenient and walkable routes to neighborhood conveniences, parks, and open spaces. Smaller blocks will also support the mobility of those that live, work and play in the Specific Plan Area and help create a destination for those visiting the area. D. The following objectives in the Specific Plan summarize how the Street, Block and Alley Design Guidelines of the Specific Plan will achieve improved multi- modal mobility, increased circulation and better connectivity within the specific plan area. 1. Expand upon the existing street network to promote a walkable, pedestrian friendly urban environment by adding new streets, blocks and alleys to the current circulation network. 2. Retrofit existing streets to accommodate safe, innovative and comfortable pedestrian and bicycle facilities. 3. Implement new east/west linkages within the specific plan area, across Interstate -15, and across Murrieta Creek. 4. Encourage pedestrian access and connectivity to the future creek trail and planned park/recreation amenity planned on the north end of the project area. 5. Implement additional north/south linkages for vehicles, pedestrian, cyclists and transit, to connect the Specific Plan area to Old Town to the south, and Murrieta to the north. 6. Encourage the development of more logical block shapes, grid patterns, and smaller block sizes, to increase walkability and allow for enhanced way -finding. 7. Encourage greater intersection density by incentivizing the construction of additional streets and smaller blocks as properties redevelop. 8. Create new street frontage and visibility for isolated, landlocked parcels by adding new streets, blocks and alleys to the existing circulation network. E. It is the intent of the City to require every person who develops land within the Uptown Jefferson Specific Plan Area to mitigate the impacts of that development by constructing or paying the In -Lieu Fee for the new streets required by that development as provided in the Specific Plan. F. Keyser Marston Associates, Inc., prepared the "New Streets In -Lieu Fee Nexus Study" for the Uptown Jefferson Specific Plan dated as of August, 2015 ("Nexus Study"). Keyser Marston utilized the following methodology in conducting the Nexus Study and reaching its conclusions: 1. Reviewed the proposed new street system in terms of physical features and preliminary cost estimates. 2. Reviewed build -out projections for the Specific Plan by land use type, i.e., dwelling units, office space, retail space, and hotel rooms. 3. Reviewed comparable land and building sales values in the trade area. 4. Estimated the nexus amount of financial obligation for new streets that can be attributed to each land use type. 5. Evaluated the potential economic impact of the new streets in -lieu fee on new development. G. The Nexus Study concluded that the nexus -supported new streets in -lieu fee for residential uses is estimated at $12,701 per unit. The Nexus Study concluded that the nexus -supported new streets in -lieu fee for non-residential uses is estimated to range between $8.50 and $19.87 per square feet (SF). These in -lieu fees represent Keyser Marston's conclusion as to the nexus between the need for new streets in the Specific Plan Area and development and the nexus between the amount of such a fee and benefit to the development. H. There is a reasonable relationship between the streets to be paid for by the In -Lieu Fees, the amount of such fees, and the need for streets generated by the types of development projects within the Uptown Jefferson Specific Plan on which they are imposed. Developers are paying their fair share of the costs of the new streets. 15.20.020 Definitions For the purposes of this chapter, the following words shall have the meanings set forth below: A. "Developer" shall mean the person who has applied for land use entitlements for a project within the Specific Plan Area subject to the applicable requirements of the City's Zoning Ordinance in Title 17 of this Code. B. "Hotel Uses" shall include those uses as specified in Chapter 3, of the Specific Plan. C. "In -Lieu Fee" shall mean the Uptown Jefferson New Streets In -Lieu Fee established by Resolution of the City Council pursuant to this Chapter. D. "Office Uses" shall include those uses as specified in Chapter 3, of the Specific Plan. E. "Person" includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. F. "Residential Uses" shall include those uses as specified in Chapter 3, of the Specific Plan. G. "Retail Uses" shall include those uses as specified in Chapter 3, of the Specific Plan. H. "Specific Plan Area" shall mean the entire area of the City subject to the Uptown Jefferson Specific Plan. "Streets" means those new streets and roads designated in the Specific Plan. J. "Study" means the "New Streets In -Lieu Fee Nexus Study" for the Uptown Jefferson Specific Plan dated as of August, 2015 prepared by Keyser Marston Associates, Inc. 15.20.030 In -Lieu Fees and In -Lieu Fee Credits A. The City Council shall by resolution establish and impose the Uptown Jefferson Specific Plan New Streets In -Lieu Fee ("In -Lieu Fee"). B. The In -Lieu Fee shall include an annual escalator based upon an appropriate construction cost index that shall be designated in the Resolution of the City Council establishing the In -Lieu Fee C. Every person who develops a Hotel Use, Office Use, Residential Use and Retail Use, or a combination thereof, in the Specific Plan Area after the effective date of the Ordinance adopting this chapter shall pay to the City the In -Lieu Fee pursuant to this Chapter. D. The Director of Community Development shall calculate the In -Lieu Fee applicable to the proposed project and notify the developer. Developer may appeal the calculation of the In -Lieu Fee as part of the decision on its application for land use approvals and pursuant to the procedures for appeal of a decision on such application. E. In the event that a developer develops a Hotel Use, Office Use, Residential Use or Retail Use, or a combination thereof, and constructs the Streets required for such uses by the land use approval, the developer shall be entitled to a credit on In -Lieu Fees applicable to its development in the amount of the actual costs for the design, design, right of way and construction of the streets within the time called for in the project's land use entitlements. City shall enter into an improvement agreement with developer that will guarantee completion of the design, right of way and construction of such streets within a specified period of time, provide for the estimate of such work and appropriate securities based thereon and such other matters as the City Manager deems necessary to implement the street work required for the development. City Manager shall be authorized to enter into such agreements on behalf of the City. F. In the event that the design, right of way and construction costs for the new street to be constructed by the developer will exceed the total In -Lieu Fee amount for the proposed project, the developer may apply for full or partial reimbursement of such costs from the Uptown Jefferson New Streets In -Lieu Fee Fund, to the extent that sufficient money is available in such fund to cover such costs. City Manager shall be authorized to enter into such reimbursement agreements with the developer on behalf of the City. G. The developer may apply to the Director of Community Development for a determination that In the event that its proposed development project will have no impact on the streets for which the In -Lieu Fee would be charged and that such project should be exempted from the In -Lieu Fee. The Director of Community Development may approve, conditionally approve, or deny the owner's application. Developer may appeal the calculation of the In -Lieu Fee as part of the decision on its land use application and pursuant to the procedures for appeal of a land use decision. 15.20.040 Establishment and Administration of Uptown Jefferson Specific Plan New Streets In -Lieu Fee Fund A. The Finance Director shall establish a special interest-bearing fund entitled "Uptown Jefferson Specific Plan New Streets In -Lieu Fee Fund." All fees collected pursuant to this Chapter shall be deposited in this fund and shall be expended on the design, right of way, and construction, or a combination thereof, of the new streets designated in Specific Plan for the Specific Plan Area. B. The Finance Director shall report to the City Council the amounts in the Uptown Jefferson Specific Plan New Streets In -Lieu Fee Fund and the expenditures made from the Fund, in the form and frequency required by law. 15.20.050 Payment A. The required In -Lieu Fee shall be due and paid on a lump -sum basis on the date of issuance of a building permit, final building inspection, or issuance of a certificate of occupancy, whichever occurs first; unless otherwise pre-empted by State law. B. For the purposes of this section, "final building inspection" shall mean the physical inspection of the building by the Building & Safety Division of the Community Development Department of the City of Temecula for compliance with all applicable building codes and the issuance by all applicable City, county, regional, state and federal agencies of their respective clearances for occupancy. C. For the purposes of this section, "certificate of occupancy" shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms with all applicable provisions of the Temecula Municipal Code, ordinances and conditions of approval. 15.20.060 Severability If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end the provisions of this chapter are severable.". PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2015. Jeff Comerchero, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 15- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 17th day of November, 2015, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , , the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AND IMPOSING THE "UPTOWN JEFFERSON SPECIFIC PLAN NEW STREETS IN -LIEU FEE" THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Short Title. This Resolution may be referred to as the "Uptown Jefferson Specific Plan New Streets In -Lieu Fee Resolution" of the City of Temecula. Section 2. Findings and intent. The City Council finds, determines and declares that: (a) During the visioning process for the Uptown Jefferson Specific Plan ("Specific Plan"), the community identified the importance of improving the future viability of alternative transportation modes, including walking, biking and transit, and getting people out of their cars. The community also identified the need to improve circulation for all modes of transportation, and ensure that the existing street network is expanded and additional internal street connections are made to sustain the future intensification of the area. As a result of this visioning recommendation, the Specific Plan requires smaller blocks and new streets to achieve and implement the future vision: a multi -modal interconnected street network within the Specific Plan area, which improves circulation for vehicles, bicycles, pedestrian and transit. (b) In towns prior to World War II, streets were commonly designed to accommodate pedestrians. Street layouts were planned to create smaller blocks, which created compact downtowns. This enabled people to easily walk between stores and shops. The best local example of this is the street grid in Old Town. Temecula's growth accelerated during the 1960's, and new development extended north and south of Old Town. The Specific Plan Area was zoned for commercial uses, and excluded residential uses. In the 1960's and 1970's, streets were optimized for automobiles, and were designed to move as many cars as quickly as possible. This was achieved through the use of wide streets, gentle curves and large blocks. Large blocks resulted in fewer intersections and wide straight streets enabled faster traffic speeds. For pedestrians, this resulted in long walking distances on sidewalks that were next to fast moving traffic. Also, wide streets have longer crosswalks, and require more time for pedestrians to cross. The experience of walking on Jefferson Avenue is perceived by pedestrians as not very safe, comfortable or interesting. (c) The future vision for Specific Plan Area is a vibrant, pedestrian -friendly, urban district within the City of Temecula. The goal is to support a mix of uses, including residential. Accordingly, the Specific Plan calls for streets that achieve a better balance between the needs of pedestrians, bicycles, cars and public transit. The creation of smaller blocks in Uptown Jefferson Specific Plan area is a key strategy to achieve a multi -modal street network. Smaller blocks will provide safe, convenient and walkable routes to neighborhood conveniences, parks, and open spaces. Smaller blocks will also support the mobility of those that live, work and play in the Specific Plan Area and help create a destination for those visiting the area. (d) The following objectives in the Specific Plan summarize how the Street, Block and Alley Design Guidelines of the Specific Plan will achieve improved multi- modal mobility, increased circulation and better connectivity within the specific plan area. 1) Expand upon the existing street network to promote a walkable, pedestrian friendly urban environment by adding new streets, blocks and alleys to the current circulation network. 2) Retrofit existing streets to accommodate safe, innovative and comfortable pedestrian and bicycle facilities. 3) Implement new east/west linkages within the specific plan area, across Interstate -15, and across Murrieta Creek. 4) Encourage pedestrian access and connectivity to the future creek trail and planned park/recreation amenity planned on the north end of the project area. 5) Implement additional north/south linkages for vehicles, pedestrian, cyclists and transit, to connect the Specific Plan area to Old Town to the south, and Murrieta to the north. 6) Encourage the development of more logical block shapes, grid patterns, and smaller block sizes, to increase walkability and allow for enhanced way -finding. 7) Encourage greater intersection density by incentivizing the construction of additional streets and smaller blocks as properties redevelop. 8) Create new street frontage and visibility for isolated, landlocked parcels by adding new streets, blocks and alleys to the existing circulation network. (e) It is the intent of the City to require every person who develops land within the Uptown Jefferson Specific Plan Area to mitigate the impacts of that development by constructing or paying the In -Lieu Fee for the new streets required by that development as provided in the Specific Plan. (f) Keyser Marston Associates, Inc., prepared the "New Streets In -Lieu Fee Nexus Study" for the Uptown Jefferson Specific Plan dated August 2015 ("Nexus Study"). Keyser Marston Associates utilized the following methodology in conducting the Nexus Study and reaching its conclusions: 1) Reviewed the proposed new street system in terms of physical features and preliminary cost estimates. 2) Reviewed build -out projections for the Specific Plan by land use type, i.e., dwelling units, office space, retail space, and hotel rooms. 3) Reviewed comparable land and building sales values in the trade area. 4) Estimated the nexus amount of financial obligation for new streets that can be attributed to each land use type. 5) Evaluated the potential economic impact of the new streets in -lieu fee on new development. (g) The Nexus Study concluded that the nexus -supported new streets in -lieu fee for residential uses is estimated at $12,701 per unit. The Nexus Study concluded that the nexus -supported new streets in -lieu fee for non-residential uses is estimated to range between $8.50 and $19.87 per square feet (SF). These in -lieu fees represent Keyser Marston's conclusion as to the nexus between the need for new streets in the Specific Plan Area and development and the nexus between the amount of such a fee and benefit to the development. (h) There is a reasonable relationship between the streets to be paid for by the In -Lieu Fees, the amount of such fees, and the need for streets generated by the types of development projects within the Uptown Jefferson Specific Plan on which they are imposed. Developers are paying their fair share of the costs of the new streets. (i) Words used in this Resolution shall have the definitions assigned to them by Chapter 15.06 of the Temecula Municipal Code, Uptown Jefferson Specific Plan Street In -Lieu Fee Section 3. Amount of Uptown Jefferson Specific Plan New Streets In -Lieu Fee. Pursuant to the provisions Chapter 15.06, including without limitation, Section 15.06.030, of the Temecula Municipal Code, the City Council hereby establishes and imposes the Uptown Jefferson Specific Plan Street In -Lieu Fee within the Uptown Jefferson Specific Plan Area in the amounts of: (a) $6,351 for a Residential Unit; (b) $4.25 per square foot of gross building area for Office Uses; (c) $9.94 per square foot of gross building area for Retail Uses; and (d) $6.23 per square foot of gross building area for Hotel Uses. Section 4. Automatic Annual Adjustment of In -Lieu Fee. On July 1 of each year, the In -Lieu Fees described in Section 3 of this Resolution shall be adjusted by the Director of Finance based upon the Construction Cost Index of the Engineering News Record Index ("ENRI"). The Director of Finance shall compute the percentage difference between the ENRI on March 1 of each year and the ENRI for the previous March 1. Should the ENRI be revised or discontinued, the Director of Finance shall use either the revised ENRI or a comparable system as approved by the City Council for determining fluctuations in the construction cost index. The new schedule of fees, as adjusted, shall constitute the transportation impact fees authorized by Chapter 15.06 of the Temecula Municipal Code and shall be incorporated into this Resolution. Section 5. Effective Date. The In -Lieu Fee established by this Resolution shall be effective sixty (60) days following the effective date of Ordinance No. 15 - establishing Chapter 15.06, Uptown Jefferson Specific Plan New Streets In -Lieu Fee. Section 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this Resolution which can be given effect without the invalid provisions or its application, and to this end the provisions of this Resolution are severable. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 17th day of November, 2015. Jeff Comerchero, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 15- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 17th day of November, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: October 21, 2015 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Dale West, Associate Planner PROJECT Long Range Planning Project No. LR10-0014 consisting of: SUMMARY: 1) The Uptown Jefferson Specific Plan; 2) A General Plan Amendment to: (a) amend the Land Use Policy Map, assigning the territory within the Uptown Jefferson Specific Plan with a land use designation of "Specific Plan Implementation (SPI)" and specifying that all land uses within the Specific Plan shall comply with the provisions of the Specific Plan; (b) amend the Circulation Element by changing the roadway classification for Jefferson Avenue, north of Winchester Road, from a Principle Arterial to a Major Arterial; and (c) make textual amendments by incorporating reference to the Uptown Jefferson Specific Plan in various chapters of the General Plan; 3) A Zoning Map Amendment adding the Uptown Jefferson Specific Plan boundaries; 4) A Temecula Municipal Code amendment revising the Adult Business Overlay boundary by removing it from the Uptown Jefferson Specific Plan area; and 5) Certification of the Programmatic Environmental Impact Report. CEQA: Environmental Impact Report RECOMMENDATION: That at the October 21, 2015 meeting, the Planning Commission consider the Uptown Jefferson Specific Plan, the draft Enviornmental Impact Report; the General Plan Amendment, Zoning Map Amendment, and amendment to the Temecula Municipal Code to remove the Uptown Jefferson Specific Plan area from the Adult Business Overlay zone, take public testimony and continue the public hearing to November 4, 2015. That at the November 4, 2015 meeting, the Planning Commission 1. Adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE UPTOWN JEFFERSON SPECIFIC PLAN, ADOPT FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION WITH THE ADOPTION OF THE UPTOWN JEFFERSON SPECIFIC PLAN" 2. Adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE UPTOWN JEFFERSON SPECIFIC PLAN, AMENDING THE TEMECULA ZONING CODE TO ADD THE UPTOWN JEFFERSON SPECIFIC PLAN TO THE SPECIFIC PLAN ZONES, AMENDING THE TEMECULA ZONING MAP TO REFLECT THE UPTOWN JEFFERSON SPECIFIC PLAN, AND AMENDING THE ADULT BUSINESS OVERLAY ZONE TO ELIMINATE THE UPTOWN JEFFERSON SPECIFIC PLAN AREA" AND A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE LAND USE ELEMENT, THE LAND USE POLICY MAP, THE CIRCULATION ELEMENT, AND THE COMMUNITY DESIGN ELEMENT OF THE GENERAL PLAN IN CONFORMITY WITH THE UPTOWN JEFFERSON SPECIFIC PLAN" 3. Recommend that staff prepare a Streetscape Beautification and Marketing Plan for the Uptown Jefferson Specific Plan area. PROJECT DATA SUMMARY Name of Applicant: City of Temecula General Plan Community Commercial (CC), Highway Tourist Commercial (HT), Designation: Service Commercial (SC), Industrial Park (IP), and Open Space (OS) Zoning Designation: Community Commercial (CC), Highway Tourist Commercial (HT), Service Commercial (SC), Business Park (BP), Light Industrial (LI), and Open Space — Conservation (OS -C) Existing Conditions/ Land Use: Rita: Retail restaurant office, hotel • , MI M11�, hotel, other uses, and vacant 2 rine QtOtinr+ VIGtIVI 1, VmmrVlalveVI. VVG North: City of Murrieta — retail, service commercial, industrial, office, public institutional, open space and vacant South: Old Town Temecula — retail, service commercial, restaurant, hotel, motel, gas station, residential, other uses, and vacant East: Interstate 15 and retail West: Murrieta Creek, industrial, and service commercial BACKGROUND SUMMARY The Jefferson Avenue Study Area ("Study Area") is located north of Rancho California Road, west of Interstate 15, east of Diaz Road/Murrieta Creek and south of Cherry Street. The Study Area is approximately 560 acres and consists primarily of a mix of developed commercial property, and property designated as conservation/open space (Murrieta Creek). In January 2011, the Temecula City Council determined that enhancing the Study Area's economic assets would be critical to sustaining the area's long term future viability and established the Jefferson Corridor Ad Hoc Subcommittee, consisting of two City Council members: Jeff Comerchero, Michael McCracken, and Ron Roberts (former committee member). The Ad Hoc Subcommittee directed staff to hold public outreach and visioning workshops to obtain community input for the future Specific Plan area. From October 2011 through July 2012, the Community Development Department orchestrated six community visioning workshops and engaged the community in an effort to develop a Specific Plan for the Uptown Jefferson Area. The Envision Jefferson public visioning process resulted in the following Guiding Principles, Recommendations and related Goals to guide the development of the Uptown Jefferson Specific Plan (sometimes referred to as "Specific Plan"). Guiding Principle #1 Ensure the Specific Plan is based upon economic & market realities. Guiding Principle #2 Ensure the Specific Plan is flexible in order to allow for innovation and reaction to market realities. Recommendation 1 - Strengthen Economic Development Goal: Spark the revitalization of the area through comprehensive economic development strategies that support a sustainable fiscal foundation for the future. Recommendation 2 - Expand the Mix of Uses Goal: Allow for greater flexibility and a wider array of land use options within the Specific Plan area. Recommendation 3 - Define Districts and Neighborhoods Goal: Encourage the definition and development of districts within the area based upon current and historical uses in order to cultivate unique character. Recommendation 4 - Improve Transportation, Mobility, Connectivity and Circulation Goal: Encourage the development of a multi -modal, interconnected circulation network that improves circulation for vehicles, bicycles, pedestrians and transit. Recommendation 5 - Integrate Recreation, Open Spaces and Trails Goal: Encourage public and private investment in the development of world class walking and biking trails, public open spaces and active and passive recreation spaces. 3 Recommendation 6 - Create Updated and Flexible Development Standards Goal: Create urban development standards that will guide future development while being flexible and adaptable to changing market demands and economic conditions. Recommendation 7 - Build and Maintain a Comprehensive Utility Infrastructure System Goal: Ensure adequate infrastructure capacity to support future urban development. Recommendation 8 - Establish Distinct Identity Goal: Establish a recognizable identity, experience, and brand. To date 33 public hearings or noticed public meetings have been held through either the Envision Jefferson public visioning process, Jefferson Sub -committee meetings, Steering Committee meetings, City Commission meetings, and a Developer Forum. The City has also engaged in outreach through the Envision Jefferson website, and the City of Temecula website. Numerous stakeholders were involved in the process to determine the best land uses and development standards necessary to create a new and vibrant Uptown Jefferson. Staff has completed the draft Uptown Jefferson Specific Plan based on the guiding principles and recommendations to develop a plan based on the community's vision. Staff is now presenting the draft Specific Plan to the Planning Commission for review and comment before seeking adoption of the Specific Plan by City Council. Pending the Planning Commission's recommendations to City Council, staff intends to seek City Council adoption of the draft Uptown Jefferson Specific Plan, a General Plan Amendment, a Zone Change, a Zoning Map Amendment and a Municipal Code Amendment, along with certification of the Program Environmental Impact Report (EIR), adoption of findings pursuant to California Environmental Quality Act (CEQA), adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program on November 17, 2015. ANALYSIS Uptown Jefferson Specific Plan The proposed Specific Plan is a form based development code which provides for a range of uses including mixed use residential development, access to open space and recreational areas, and improved pedestrian, bicycle, vehicular mobility and connectivity. Staff chose using a form based code because it focuses on building form, building placement, and the creation of a pedestrian scale environment. All aspects of the Specific Plan considered the guiding principles, recommendations and the community's vision for the area. Market Assessment - In order to ensure the Specific Plan is based on economically feasible development and an appropriate mix of uses, staff consulted with Keyser Marston Associates Inc. (KMA) to perform a market assessment of the types of land uses that the Study Area could support based on prevailing market factors, trade area growth projections, and anticipated macroeconomic changes within each major land use category. The focus of the KMA market assessment was to evaluate the potential for development of new mixed-use development in the Study Area. The assessment relied upon readily available third -party demographic and market data sources. KMA reviewed both existing and historical market trends to better understand future development potential. KMA also prepared 10 -year market demand projections for various land uses within the Study Area. 4 An extrapolation of the KMA study over a 20 -year period indicates that the Study Area could support approximately 5.5 million square feet of development. Anticipated 20 Year Specific Plan Development Scenario Buildable Acres 2 Commercial s.f. 128 acres 1.9 million s.f. 3 Residential d.u. 3,726 d.u. Total Development Potential 5.5 million s.f. "Nets -out" Murrieta Creek Open Space. Assumes 30% of the total gross acres to be dedicated to future streets and alleys. Assumes 50% of the remaining acreage will be dedicated to surface parking or a parking garage and is not counted in the total development potential. 2 Assumes a FAR of 1.0 for Retail and Restaurant uses and an FAR of 2.0 for Office and Hotel uses for all districts, except Uptown Center where a FAR of 2.5 was assumed for Office and Hotel uses. 3 Assumes a Residential density of 45 du/acre in all districts. The Market Assessment also considered the demographic trends and market conditions for the Study Area and surrounding trade area. KMA assessed the market support for each land use in the near-, mid-, and long term. These rankings are summarized as follows: Office Land Use Market Strength by Land Use Near-term 0-5 Years Hotel Weak Weak Mid-term 5-10 Years Long-term 10+ Years Moderate Strong Moderate Moderate Multi -Family Residential Moderate Retail/Restaurant Weak Strong Moderate Strong Moderate Districts and Land uses - The Specific Plan establishes the following six zoning districts and two overlay zones: Zoning Districts 1. Uptown Center District (UC) 2. Uptown Hotel/Tourism District (UHT) 3. Uptown Sports/Transit District (US) 4. Uptown Arts District (UA) 5. Creekside Village District (CV) 6. Murrieta Creek Recreation and Open Space District (MCR -OS) Overlay Zones 1. Creekside Village Commercial Overlay Zone (CV -CO) 2. Wilder Hills Residential Overlay Zone (WH-RO) 5 Each zoning district and overlay zone has specific land uses and development standards which vary slightly by district in order to achieve differences between the districts. The boundaries of each district and overlay zone were established based on the existing land uses, geographic and surrounding physical features, and the desired vision of the community. Vertical or horizontal mixed-use development is encouraged to promote a more urban style environment which was desired by the community. The allowable land uses within the Specific Plan varies from what is currently allowed under the existing zoning. Industrial and heavy automotive repair uses would no longer be allowed under the Specific Plan. Residential uses, which are currently not allowed under the existing zoning, would be allowed under the Specific Plan. The industrial and heavy automotive repair uses that currently exist in the proposed Specific Plan area would be considered incompatible uses when located adjacent to residential uses. However, it is also the policy of the Specific Plan that legal non -conforming uses that were legally established prior to the adoption of the Specific Plan are allowed to continue as they were, without any restriction to their operations. Should the legal non -conforming land use be discontinued for a continuous period of 365 days or more, the legal non -conforming use shall not be reestablished. It should also be noted the Specific Plan also allows a property owner to apply to extend the legal non -conforming status beyond the initial 365 day period due to hardship, and there is no limit to the number of extensions of one-year extensions of time that may be granted. Mobility and Infrastructure - The infrastructure needed for enhancing mobility within the Specific Plan area was analyzed with the goal of improving mobility for vehicular travel, bicyclists, pedestrians and transit users to achieve the community's vision for a bicycle and pedestrian friendly urban experience. To accomplish this goal, the existing right-of-way (ROW) and curb - to -curb street cross sections were evaluated to determine if on -street parking, bicycle facilities, and 20 -foot sidewalks were feasible throughout the Specific Plan area. The result was a series of new street cross sections that include 20 -foot sidewalks, on -street parking, bicycle facilities, curb bulb -outs at intersections, bus turn -outs, and painted or raised medians. The new cross sections fit within the existing ROW and curb -to -curb sections, enabling the existing street cross sections to be retrofitted with the new street cross sections without acquiring additional ROW or the need to widen any of the existing streets. New streets have been added to the Specific Plan in order to create a grid pattern street network with smaller blocks. Smaller blocks and a grid pattern street network create more pedestrian friendly and walkable neighborhoods, by reducing the size of existing blocks and creating additional connections resulting in improved mobility throughout the Specific Plan area. The location of new streets is proposed as a hypothetical street network to allow for flexibility in their location as development occurs. The hypothetical street network will be constructed as new development occurs where new block size standards are exceeded. The construction of new streets will be equitably funded by all new development via an in -lieu fee, which is described in further detail below. New Streets In -lieu fee - As discussed above, the Specific Plan calls for new internal streets to enhance internal connectivity, mobility and to create more pedestrian friendly and walkable neighborhoods. The new streets will be funded by new development via an in -lieu fee. The fee is based on the overall cost of the new streets and is based on a standard 66 foot street cross section. The Ie future vision 1 for SpecificPIQi 1 Area is a 'vibrant, pedestrian -friendly, lldly, urba111 district within the City of Temecula. The goal is to support a mix of uses, including residential. Accordingly, the 6 Specific Plan calls for streets that achieve a better balance between the needs of pedestrians, bicycles, cars and public transit. The creation of smaller blocks in Uptown Temecula Specific Plan area is a key strategy to achieve a multi -modal street network. Smaller blocks will provide safe, convenient and walkable routes to neighborhood conveniences, parks, and open spaces. Smaller blocks will also support the mobility of those that live, work and play in the Specific Plan Area and help create a destination for those visiting the area. The following objectives in the Specific Plan summarize how the Street, Block and Alley Design Guidelines of the Specific Pian will achieve improved multi -modal mobility, increased circulation and better connectivity within the specific plan area. 1. Expand upon the existing street network to promote a walkable, pedestrian friendly urban environment by adding new streets, blocks and alleys to the current circulation network. 2. Retrofit existing streets to accommodate safe, innovative and comfortable pedestrian and bicycle facilities. Implement new east/west linkages within the specific plan area, across Interstate -15, and across Murrieta Creek. Encourage pedestrian access and connectivity to the future creek trail and planned park/recreation amenity planned on the north end of the project area. Implement additional north/south linkages for vehicles, pedestrian, cyclists and transit, to connect the Specific Plan area to Old Town to the south, and Murrieta to the north. 6. Encourage the development of more logical block shapes, grid patterns, and smaller block sizes, to increase walkability and allow for enhanced way -finding. 7. Encourage greater intersection density by incentivizing the construction of additional streets and smaller blocks as properties redevelop. 8. Create new street frontage and visibility for isolated, landlocked parcels by adding new streets, blocks and alleys to the existing circulation network. The following methodology was used in conducting the Nexus Study and reaching its conclusions: 1. Reviewed the proposed new street system in terms of physical features and preliminary cost estimates. 2. Reviewed build -out projections for the Specific Plan by land use type, i.e., dwelling units, office space, retail space, and hotel rooms. 3. Reviewed comparable land and building sales values in the trade area. 4. Estimated the nexus amount of financial obligation for new streets that can be attributed to each land use type. 5. Evaluated the potential economic impact of the new streets in -lieu fee on new development. The Nexus Study concluded that the nexus -supported new streets in -lieu fee for residential uses is estimated at $12,701 per unit, and for non-residential uses, it is estimated to range between $8.50 and $19.87 per square feet. These in -lieu fees represent Keyser Marston's conclusion as to the nexus between the need for new streets in the Specific Plan Area and development and the nexus between the amount of such a fee and benefit to the development. The Nexus Study also concluded, however, that these fees would be economically unfeasible and recommended that the following lower fees be adopted: $6,351 for a Residential Unit; $4.25 per square foot of gross building area for Office Uses; $9.94 per square foot of gross building area for Retail Uses; and $6.23 per square foot of gross building area for Hotel Uses. Utility Infrastructure - The infrastructure needed to support the anticipated development of the Specific Plan area was analyzed for water supply, sewer capacity, storm water conveyance, electricity, natural gas, solid waste disposal and telecommunications. Staff coordinated with service providers to determine if there is adequate infrastructure for future development in conformity with the Specific Plan. All utility service providers indicated that adequate capacity exists, with exception to wastewater system capacity. Eastern Municipal Water District (EMWD) is the service provider for wastewater collection and treatment in the Specific Plan area. EMWD indicated the existing sewer pipelines in the Specific Plan area do not have ample capacity to accommodate the additional wastewater flow that would be generated under the Specific Plan at build -out. However, developers will pay their fair share of the EMWD mitigation fees to upsize the impacted sewer pipelines at Jefferson Avenue, Via Montezuma and Del Rio Road. Plan Administration — The Uptown Jefferson Specific Plan proposes a streamlined approval process for planning applications. All planning applications (with the exception of an application for a variance) will have the ability for administrative approval, when a Notice of Intent to Approve is posted on site and the notice is mailed to all property owners within 600 feet of the proposed project, 20 days prior to the date of the Director of Community Development's decision to approve. The Notice of Intent to Approve must include the: 1) the date and time that the Planning Director will administratively approve the proposed project, 2) an explanation of the matter to be considered, 3) a detailed description of the proposed project and a summary of the project scope, 4) the findings being made for approval of the proposed project, 5) the general description (in the form of text or a diagram) of the property's location, 6) the location where the plans and/project file can be reviewed by the public, and 7) the procedures for requesting a public hearing. A public hearing will not be held unless a hearing is requested in writing by any member of the City Council, Planning Commission, the applicant, or by an affected party owning real property within 600 feet of the exterior boundaries of the proposed project. If a hearing is requested, the hearing will be conducted by the Director of Community Development, unless the Director of Community Development defers such a decision to the Planning Commission. Specific Plan Changes Since the May 2015 Draft — Since the May 2015 draft of the Uptown leffercnn Rnarifir Pian iniac relaacart fnr ni ihlir rnmment cavaral rhangac have heSn marie to address public concerns and/or clarify the intent of the Specific Plan. These changes have 8 been incorporated into the Final Draft Uptown Jefferson Specific Plan (October 2015). A summary of these proposed changes may be found in Attachment A to this staff report. General Plan Amendments Land Use Element - The proposed General Plan Amendment would change the land use designations for parcels within the proposed Uptown Jefferson Specific Pian area to a single General Plan designation of "Specific Plan Implementation" from their current designations of Community Commercial (CC), Highway Tourist Commercial (HT), Service Commercial (SC), Industrial Park (IP) and Open Space (OS). The purpose of the Specific Plan Implementation land use designation is to ensure consistency between the land uses and development characteristics of the Uptown Jefferson Specific Plan area and the General Plan by referring directly to the Specific Plan for the intended uses and development characteristics for this area. If approved, the General Plan Amendment would change the General Plan Land Use Map (Figure LU -3) for the area within the proposed Specific Plan boundaries, add Uptown Jefferson Specific Plan to the Approved Specific Plan Areas (Table LU -4), remove Jefferson Avenue Mixed Use Area from the Land Use Focus Areas (Figure LU -5) and Mixed Use Overlay Areas (Table LU -6), and add the description of the Uptown Jefferson Specific Plan to the text within the Land Use Element. Circulation Element — The proposed General Plan Amendment would amend the Roadway Plan (Figure C-2) of the Circulation Element of the General Plan, by changing the classification of Jefferson Avenue, north of Winchester Road, from Principle Arterial (6 -lane divided) to Major Arterial (4 -lane divided). The proposed change is consistent with the community's vision, the transition of Jefferson Avenue at the City's corporate boundary with the City of Murrieta, and with the proposed Jefferson Avenue street cross section that is south of Winchester Road. Community Design Element — The proposed General Plan Amendment would add the description of the Uptown Jefferson Specific Plan to the text of the Community Design Element. It would also amend the Community Design Plan (Figure CD -1) by removing Mixed Use Overlay Area No. 1, identifying the intersections of Winchester Road/Jefferson Avenue, Overland Drive/Jefferson Avenue, and Del Rio/Jefferson Avenue as focal intersections, and identifying Jefferson Avenue for a major streetscape improvement. Zoning Map and Zoning Code Amendments The proposed Specific Plan requires a Zoning Map amendment changing the zoning designations of Community Commercial (CC), Highway Tourist Commercial (HT), Service Commercial (SC), Business Park (BP), and Light Industrial (LI) to the designation of Uptown Jefferson Specific Plan. The Specific Plan also requires an amendment to Section 17.16.070 of the Temecula Municipal Code by adding the Uptown Jefferson Specific Plan to the list of approved specific plans. Adult Business Special Use Overlay Zone No. 1 Amendment The Specific Plan requires an amendment to Chapter 5.09 Adult Business Regulations of the Temecula Municipal Code by removing the Uptown Jefferson Specific Plan boundary from the Special Use Overlay No.1. In 1998, the City adopted the Adult Business Overlay Zone as Special Use Overlay No. 1, which 9 designated commercially -zoned parcels as possible locations for the establishment of adult businesses ("Overlay Zone"). All of the parcels in the Overlay Zone have adequate lighting, sidewalks, access roads, power and other utilities to support a commercial enterprise. Temecula Municipal Code section 5.09.040 requires a 1,000 -foot buffer between adult businesses in the Overlay Zone. In addition, no person shall operate an adult business without first obtaining an adult business license and a modified version of a conditional use permit. At this point, the City does not have any adult businesses operating within its borders. The Specific Plan area overlaps with 58 parcels in the Overlay Zone. Due to concerns about the secondary effects of having adult businesses operate in the proposed Specific Plan area and the incompatibility of land uses, the proposed Specific Plan and the proposed amendment to the Adult Business Ordinance would limit adult businesses to only those portions of the Overlay Zone that are located outside of the proposed Specific Plan area. If the City adopts zoning code and zoning map amendments to remove the parcels located in the proposed Specific Plan area from the Overlay Zone, there would still be 426 parcels remaining in the Overlay Zone available for the establishment of adult businesses. The City seeks to remove the Specific Plan area from the boundaries of the Overlay Zone to address the secondary effects of adult businesses. The City is not seeking to regulate free speech, but is concerned about the secondary effects of adult businesses. Adult businesses tend to attract prostitution, drug use, crime, noise, and disorderly conduct. Adult businesses also reduce property values for the surrounding businesses and residences. Because there are no adult businesses located within the City, evidence of the adverse secondary effects of adult oriented businesses can be found in various studies and reports which have been considered by other municipalities and local governments including, but not limited to: • Eric S. McCord and Richard Tewksbury, Does the Presence of Sexually Oriented Businesses Relate to Increased Levels of Crime? An Examination Using Spatial Analyses, Crime & Delinquency (2012); • Alan C. Weinstein and Richard McCleary, The Association of Adult Businesses with Secondary Effects: Legal Doctrine, Social Theory, and Empirical Evidence, 29 Cardozo Arts & Entertainment Law Journal 565 (2012); • Richard McCleary and Lori Sexton, Testimony on SB 3348 (March 2012); • Jacqueline Reuben, Chris Serio -Chapman, Christopher Welsh, Richard Matens and Susan G. Sherman, Correlates of Current Transactional Sex Among a Sample of Female Exotic Dances in Baltimore, MD, 88 Journal of Urban Health 342 (April 2011); • The Bureau of Business Research, IC Institute, and the Institute of Domestic Violence and Sexual Assault of the University of Texas at Austin, An Assessment of the Adult Industry in Texas (March 2009); • Richard McCleary and Alan C. Weinstein, Do "Off -Site" Adult Businesses Have Secondary Effects? Legal Doctrine, Social Theory, and Empirical Evidence, 31 Law & Policy 217 (April 2009); • Richard McCleary, Rural Hotspots: The Case of Adult Businesses, 19 Criminal Justice 10 Policy Review 153 (2008); • Valerie Jenness, Richard McClearly and James W. Meeker, Crime -Related Secondary Effects of Sexually -Oriented Businesses, Report to the County Attorney Palm Beach County, Florida (August 15, 2007); • Richard McCleary, Crime Related Secondary Effects of Sexually Oriented Businesses: Report to the City Attorney (May 2007); • Department of Planning and Development Director's Report, Adult Cabarets in Seattle (March 2006); • Duncan Associates, Survey of Appraisers Fort Worth & Dallas Effects of Land Uses on Surrounding Property Values (2004); • Report of Richard McCleary in People of the State of Illinois v. The Lion's Den, Inc., In the Circuit Court for the Fourth Judicial District of Illinois, Case Number 04 -CH -26; • Eric Damian Kelly and Connie B. Cooper, Survey, Findings and Recommendations of Sexually Oriented Businesses Toledo, Ohio (August 2002); • David Sherman, Sexually Oriented Businesses: An Insider's View, Proponent Testimony S.B. 251 Ohio Senate Judiciary Committee on Civil Justice (December 2002); • An Insider's View of Sexually Oriented Businesses, Testimony of David Sherman (2000); Duncan Associates, Sexually -Oriented Business Study Rochester, New York (July 2000); and • National Law Center for Children and Families, NLC Summaries of "SOB Land Use" Studies (1996). These studies and reports establish that adult business often have a harmful effect on nearby businesses and residential areas, causing an increase in crime in both the surrounding neighborhoods and in the adult business establishments themselves, and a decrease in property values. The Uptown Jefferson Specific Plan area is intended to create a unique destination place within the City of Temecula through the careful planning of land uses, public spaces, development standards and public transportation. Uptown Jefferson will be Temecula's newest "destination." Vibrant, sophisticated and unique, the area will be home to a diverse mix of residents of all ages, experiences and interests, living in eclectic, up-and-coming neighborhoods. These neighborhoods in Uptown Jefferson will provide a unique metropolitan experience, rivaled by no other place in the city or region. The neighborhoods will be upscale and culturally robust, each with a distinct character and identity, offering a mix of homes, shops, offices, restaurants and other locally -serving uses. Complemented by an expanded mix of new locally -owned and corporate businesses, collectively they will provide high quality jobs, as well as goods and services to local residents. Temecula Municipal Code section 17.08.020(H) provides that the intent of the Overlay Zone is "to designate areas that adult businesses may be considered" and that this area is "generally 11 away from residential uses and other sensitive uses and is primarily located within the commercial districts." The Specific Plan will add a significant number of new residential units to the Specific Plan Area that has been largely commercial and industrial. The Specific Plan area will include a mix of residences, shops, offices, restaurants and other locally -serving uses. The Specific Plan contemplates that the residential uses will be integrated with the other uses to activate the area during the day, evenings and weekends. The Specific Plan seeks to encourage live/work arrangements, and mixtures of compatible, pedestrian -oriented retail, office, public facilities, open space, and house at activity nodes through urban design standards. The urban neighborhoods in Uptown Jefferson are located within walking distance to a hub of quality and thriving businesses, technologically innovative employment centers, and higher - education facilities. The vibe of Uptown Jefferson will foster creativity, stimulate innovation, and provide a place for community members to work, learn and refashion the world around them. And historically important, locally -owned and operated business and services will continue to thrive, side-by-side with the new wave of entrepreneurial ventures. Uptown Jefferson will also contribute to the local tourism industry with expanded hotel offerings, restaurants and shops. In addition to expanding its service to traditional weekend -oriented tourism, the stronger presence of businesses and corporations will fill hotel rooms and support small conventions and events that occur during the week. The secondary effects of adult businesses would not be appropriate so close to the residential uses within the Specific Plan area. As noted above, the residential uses will be intermingled with commercial uses. The secondary effects associated with adult businesses would not be compatible with the residential uses and would be disruptive to the residents of Uptown Jefferson. The City Council may revise the Overlay Zone to remove the parcels located in the Specific Plan area from the Overlay Zone if it finds that: (1) the sites available to adult businesses are an actual part of the real estate market, and (2) there are an adequate number of sites for adult businesses. 1. The sites available to adult businesses are an actual part of the real estate market. To be part of the actual real estate market, the sites must be zoned for commercial use, available for commercial use, or if zoned for manufacturing or industrial uses, it must be feasible for the sites to be used for commercial uses (i.e., they must be connected to roadways and appropriate infrastructure). The GIS map prepared by staff indicates that 426 commercially - zoned parcels would remain available for adult businesses after removing the parcels in the Specific Plan area from the Overlay Zone. All of these commercially -zoned parcels have adequate access to appropriate infrastructure (e.g., utilities, roads, and sidewalks). In addition, many of the available parcels are actually vacant commercial spaces. These parcels could be developed to support an adult use business. Therefore, the sites available to adult businesses are an actual part of the real estate market. 2. There are an adequate number of sites for adult businesses. There are an adequate number of sites that are within the real estate market to provide a reasonable opportunity for adult businesses to be located in the City. The City has a total population of 106,780. 1.8% of land in the City is available to adult businesses. Even in light of the 1,000 -foot buffer between adult uses, which are required by the Municipal Code, the map indicates that at least 13 adult businesses could simultaneously locate within the Overlay Zone 12 after it is amended to exclude the Uptown Jefferson Specific Plan area from its boundaries. Given the size of the City, the City has never received an application for an adult business,.and the fact that the City does not have a single adult business operating within its borders, the available sites are adequate and are part of the real estate market. Thus, there is an adequate number of sites available for adult businesses even if the parcels located within the Specific Plan area are removed from the Overlay Zone. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the San Diego Union -Tribune on October 11, 2015 and will be published on October 24, 2015 and mailed to the property owners within the required 600 -foot radius. ENVIRONMENTAL DETERMINATION The Specific Plan, Zoning Code Amendment, Zoning Map Amendment, and an Amendment to the Temecula Municipal Code revising the Adult Business Overlay boundary by removing it from the Specific Plan area ("proposed Project") was processed, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code § 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs. § 15000 et seq. (collectively referred to as "CEQA"). Pursuant to CEQA, the City is the lead agency for the Specific Plan, as the public agency with both general governmental powers and the principal responsibility for implementing the Specific Plan. On June 2, 2013, in accordance with CEQA Guideline Section 15082, the City published a Notice of Preparation ("NOP") of a Draft Environmental Impact Report ("Draft EIR") and circulated it to governmental agencies, organizations, and persons that may be interested in the proposed Project. The NOP requested that comments on the topics to be analyzed in the Draft EIR for the proposed Project be submitted to the City by July 12, 2013. In response to the NOP, the City received written comments from various individuals and organizations. These comment letters assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR. On June 27, 2013, in accordance with CEQA Guidelines Section 15082(c)(1), the City held a public scoping meeting to obtain comments from interested parties on the scope of the Draft EIR. A Draft EIR was prepared under staffs direction by ESA (State Clearinghouse Number 2013061012) and was distributed to responsible agencies, interested groups, organizations, and individuals. Upon completion of the Draft EIR in March 2015, the City initiated a public comment period by filing a Notice of Completion with the State Office of Planning and Research. The Draft EIR was made available for public review and comment for a period of 45 days. The public review and comment period for the Draft EIR established by the State Clearinghouse commenced on April 2, 2015 and expired on May 18, 2015. A Notice of Completion and Recirculation of a Draft EIR was also sent to adjacent property owners indicating a review period of May 19, 2015 through July 6, 2015. Copies of the documents have been available for public review and inspection at the City of Temecula Community Development Department, Planning Division, located at 41000 Main Street; the Temecula Public Library located at 30600 Pauba Road; the Temecula Grace Mel!man Community Library located at 41000 County Center; the City of Temecula website; and the Envision Jefferson Avenue website. The City also published a Notice of Availability for the Draft EIR on April 4, 2015 in the San Diego Union - Tribune, a newspaper of general circulation in the City. The City received written comments and responded to each comment in the Final Environmental Impact Report (FEIR). A copy of 13 the City's response has been provided to commenting agencies as required by State law. A copy of theFinal EIR document has been provided to the Commission. The environmental analysis identified four areas where impacts were not considered to be significant (Greenhouse Gas Emissions and Climate Change, Land Use and Planning, Population and Housing, and Public Services) and nine areas where potentially significant impacts were identified which could be avoided or mitigated. These nine areas include Aesthetics; Biological Resources; Cultural Resources; Geology, Soils, and Seismicity, Hazards and Hazardous Materials; Hydrology and Water Quality; Noise (operational); Transportation and Traffic; and Utilities and Water Supply Assessment. The Final EIR contains mitigation measures for those environmental impacts that can be mitigated to a less than significant impact. Four impact areas were identified as resulting in an unavoidable, significant impact and include the following: Direct Impacts • Air Quality (construction and operations) - Construction and operation activities associated with implementation of the proposed project would violate air quality standards related to Reactive Organic Gases (ROG) and Nitorgen Dioxide (NOx) emissions and would result in significant air quality impacts at the Program EIR level. Under conditions where one or more of the construction phases overlap, these pollutant emissions could be even higher. While implementation of Mitigation Measures would reduce the emissions of ROG and NOx that are analyzed for the worst-case construction scenario evaluated in the Program EIR, these emissions would not be reduced to below South Coast Air Quality Management District's (SCAQMD) thresholds for the two respective criteria pollutants. When the operational ROG emissions of the proposed project are compared to that of the existing land uses, the primary emissions source contributing to the net increase in ROG emissions is associated with area sources, which include emissions generated from architectural coatings (reapplication of coatings on structures over time), consumer products, natural gas fireplaces/stoves, and landscaping. Amongst these area sources, the majority (75 percent) of the estimated ROG emissions generated by the proposed project were associated with the use of consumer products by the new residents in the proposed project area. The estimated net daily emissions of ROG during operation of the new land uses associated with the proposed project would exceed the SCAQMD's regional significance threshold. As the regulation of ROG emissions from consumer products is beyond the City's control, no feasible mitigation is currently available to reduce the amount of ROG emissions generated under the proposed project to the extent that these emissions would be below the SCAQMD's recommended threshold. Although Mitigation Measures will be implemented to lessen the short term construction and ongoing operational air quality impacts, none were identified that could reduce the impacts to below the level of significance and therefore impacts still will remain potentially significant. • Noise (construction) - Construction activities occurring at each individual development site in the proposed project area would potentially expose their respective adjacent or nearby receptor(s) to substantial increases in ambient noise levels. Mitigation Measures such as noise reduction devices and techniques during construction activities for the new developments occurring in the proposed project area would be implemented to reduce the construction -related noise levels at nearby receptors to the maximum extent feasible. Where future construction sites within the project area are located immediately adjacent to existing land uses, however, a substantial temporary or periodic 14 increase in ambient noise levels above levels existing without the proposed project would remain significant. Therefore, the proposed project's construction noise would be a temporary significant and unavoidable impact on the nearby existing land uses. Cumulative Impacts • Air Quality (construction and operations) - The Program EIR shows the worst-case daily construction emissions associated with the proposed project would exceed the SCAQMD's construction thresholds for ROG and NOx (ozone precursors). Therefore, the proposed project would exceed SCAQMD's respective thresholds during construction for pollutants for which the Basin is in non -attainment (i.e., ozone and NO2). Although Mitigation Measures will be implemented to lessen the long term air quality impacts, no mitigation measures were identified that could reduce the impacts to below the level of significance, and therefore impacts will remain potentially significant. The proposed project's pollutant emissions would, in conjunction with other past, current, and probable future projects, be cumulatively considerable and cumulative impacts would be significant and unavoidable. • Cultural Resources (historic) - Construction activities associated with implementation of the proposed project could cause a substantial adverse change in the significance of a historic resource as defined in CEQA Guidelines Section 15064.5, including the Gonzalez Adobe and other structures that are 50 years or older. If avoidance of identified historic resources is deemed infeasible, the City shall require the preparation of a treatment plan to include, but not limited to, photo -documentation and public interpretation of the resource. The plan will be submitted to the City for review and approval prior to implementation. Surveys of structures 50 years of age or older have not been done and the details of any treatment plan are unknown; therefore, it is possible that the treatment plan may be insufficient to reduce the impacts of the loss of a historic resource to a Tess -than -significant level. As such, the impact would remain significant and unavoidable after implementation Mitigation Measures, at a program EIR level analysis. In accordance with Section 15093 of the State CEQA Guidelines, the City Council must adopt a Statement of Overriding Consideration prior to approving the Uptown Jefferson Specific Plan. The Statement of Overriding Consideration states that any significant adverse project effects are acceptable if the expected project benefits outweigh unavoidable adverse environmental impacts. The Statement of Overriding Considerations is attached as Exhibit B to Resolution No. 15 - The benefits provided through approval of the Uptown Jefferson Specific Plan Project outweigh the unavoidable adverse environmental effects identified in the Final Program EIR. Among the benefits that this proposed project provides the community are expanded economic opportunities through a more active urban downtown, an increased variety in housing types to complement the City's current housing stock, the potential for the addition of a full service hotel to serve the Temecula area, and the potential for significant new employment. FINDINGS General Plan Amendment 1. The General Plan Amendment is in the public interest. 15 The General Plan Amendment, which will establish the Specific Plan area, is in the public interest. The Specific Plan area includes much of the oldest commercial development in the City. At one time, the Specific Plan area was vibrant and bustling with activity. Although many of the businesses within the Specific Plan area are still economically -vibrant and provide vital services to the community, the area has since been overshadowed by new development and private investment in other parts of the City. As a result, the Specific Plan seeks to spark the revitalization of the area which is critical to its long term future and will promote economic longevity which is in the public interest. 2. The General Plan Amendment is compatible with the health, safety and welfare of the community. The General Plan Amendment is compatible with the health, safety, and welfare of the community. The City has engaged in extensive studies and review of the potential impacts of the Specific Plan as well as the various potential benefits to the City by the development of the Specific Plan and concluded that the Specific Plan is in the best interests of and is not detrimental to the health, safety and general welfare of the City. The Specific Plan was reviewed and determined to be in conformance with the City's General Plan, as amended, and the Growth Management Action Plan. These documents set policies and standards that protect the health, safety and welfare of the community. In addition, the Specific Plan establishes specific building design guidelines and standards that ensure compatibility and interface with the surrounding community in terms of density, design and circulation. Therefore, the Specific Plan is compatible with the health, safety and welfare of the community. 3. The General Plan Amendment is compatible with existing and surrounding uses. The General Plan Amendment is compatible with surrounding land uses. The current land uses north, east and west of the Specific Plan area consist primarily of commercial and industrial uses. The current land uses to the south of the Specific Plan area consist of predominately tourist service development. The Specific Plan would provide for a mix of land uses including commercial, and residential uses. Northwest and northeast of the proposed Specific Plan area is open space. The Specific Plan would maintain approximately 240 -acres zoned Open Space - Conservation. The Specific Plan area is adjacent to Murrieta Creek, but would preserve the open space designation that surrounds the creek. 4. The amendments will not have an adverse effect on the community and are consistent with the goals and policies of the adopted General Plan. The General Plan Amendment is consistent with the direction, goals and policies of the General Plan. The General Plan Amendment will establish the Specific Plan area which will implement the goals and policies of the City's General Plan, provide balanced and diversified land uses, and impose appropriate standards and requirements with respect to land development and use in order to maintain the overall quality of life and the environment within the City. The goals and policies in the Land Use dement of the General Plan encourage "a complete and integrated mix of residential, ^commercial, industrial, public and open space land uses (Goal 1)," and "a City of diversified development character where rural and historical areas are protected and co -exist with newer urban development (Goal 2)." The General Plan Amendment establishing the Specific Plan area will assist in implementing these goals by establishing neighborhoods that aro ,,ncrlo and culturally rnhuct each with a rlictinrf rrhararter anrd irdentity, r,ffcrinn a mix of homes, shops, offices, restaurants and other locally -serving uses. The Specific Plan's land use 16 mix will include commercial, retail and residential uses, public open space amenities and intentional pedestrian -orientated design of streets and sidewalks that will maximize the connectivity of the area. The Specific Plan establishes six zoning districts which are based upon current and historical uses in order to cultivate a unique character for each area. This will ensure that locally -owned and operated business and services will continue to thrive, side-by- side with the new wave of entrepreneurial ventures. The proposed General Plan Amendment will result in compatible future development, which will meet the recommended land use and circulation pattern, maximum density and intensity of development, a desired mix of uses and other factors consistent with the goals and policies of the General Plan. Specific Plan 1. The proposed Specific Plan is consistent with the General Plan and Development Code. The Specific Plan is consistent with the direction, goals and policies of the General Plan, as amended. The Specific Plan implements the goals and policies of the City's General Plan, provides balanced and diversified land uses, and imposes appropriate standards and requirements with respect to land development and use in order to maintain the overall quality of life and the environment within the City. The goals and policies in the Land Use Element of the General Plan encourage "a complete and integrated mix of residential, commercial, industrial, public and open space land uses (Goal 1)," and "a City of diversified development character where rural and historical areas are protected and co -exist with newer urban development (Goal 2)." The Specific Plan will assist in implementing these goals by establishing neighborhoods that are upscale and culturally robust, each with a distinct character and identity, offering a mix of homes, shops, offices, restaurants and other locally -serving uses. The Specific Plan's land use mix that will include commercial, retail and residential uses, public open space amenities and intentional pedestrian -orientated design of streets and sidewalks will maximize the connectivity of the area. The Specific Plan establishes six zoning districts which are based upon current and historical uses in order to cultivate a unique character for each area. This will ensure that locally -owned and operated business and services will continue to thrive, side-by-side with the new wave of entrepreneurial ventures. The Land Use Element of the General Plan, as noted on page LU -26, anticipates that the City will provide comprehensive planning of large areas and identifies a portion of the Uptown Jefferson Specific Plan area for mixed-use development. Minor General Plan revisions will provide that the provisions of the Uptown Jefferson Specific Plan are integrated into the City's General Plan and are required so that the Uptown Jefferson Specific Plan can continue to support the City's General Plan objectives for the area, which will include promoting revitalization and guide future development by encouraging urban in -fill and a mix of uses including residential, commercial retail, hotel and hospitality, office/employment, higher education, and cultural arts that co -exist within close proximity to one another, supported by a multi -modal transportation network and connected to recreation and open spaces. The Specific Plan is consistent with the City's Development Code, after the proposed amendments are incorporated. The Specific Plan area is properly planned and zoned and is physically suitable for the type of proposed uses contemplated in the area. The Specific Plan also complies with all applicable Development Code Standards required for specific plans including Chapter 17.16 (Specific Plan Zoning Districts) and Section 17.01.040 (relationship to General Plan) and is consistent with the City of Temecula General Plan goals, policies and objectives. 17 2. The proposed Specific Plan would not be detrimental to the public interest, health, safety, convenience or welfare of the City. The City has engaged in extensive studies and review of the potential impacts of the Specific Plan as well as the various potential benefits to the City by the development of the Specific Plan and concluded that the Specific Plan is in the best interests of and is not detrimental to the health, safety and general welfare of the City. Although many of the businesses within the Specific Plan area are still economically -vibrant and provide vital services to the community, the area has since been overshadowed by new development and private investment in other parts of the City. As a result, the Specific Plan seeks to spark the revitalization of the area which is critical to its long term future and will promote economic longevity which is in the public health, safety and welfare. The Specific Plan was reviewed and determined to be in conformance with the City's General Plan, as amended, and the Growth Management Action Plan. These documents set policies and standards that protect the health, safety and welfare of the community. In addition, the Specific Plan establishes specific building design guidelines and standards that ensure compatibility and interface with the surrounding community in terms of density, design and circulation. Therefore, the Specific Plan is compatible with the health, safety and welfare of the community. 3. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. The subject area of the Uptown Jefferson Specific Plan consists of approximately 560 acres. As outlined in the Land Use Element of the City's General Plan (page LU -32), the purpose of Specific Plan is to provide a comprehensive planning document for large areas so that a coordinated planning approach is provided for all anticipated land use developments. As such, the entire Specific Plan area has been reviewed based on existing structures and future build out potential and is physically suitable for the land use designations provided by the Uptown Jefferson Specific Plan. There are no physical constraints of the Specific Plan area which would preclude or prohibit the requested land use designations or anticipated developments. Moreover, the Specific Plan land uses are consistent with the land uses of the General Plan, as amended, and will serve as the tool to regulate and implement the goals and policies of the General Plan. The Specific Plan area benefits from a range of assets including Murrieta Creek and nearby open spaces, lush hillside views, and convenient freeway accessibility. The Specific Plan area is physically suitable for proposed land use designations because it will maintain 240 acres as open space, and will encourage public and private investment in the development of world class walking and biking trails, public open spaces and passive recreation spaces. The Specific Plan will also promote in -fill development in the older commercial and industrial centers to revitalize the area. 4. The proposed Specific Plan shall ensure the development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. As identified within the City's General Plan Land Use Element, Figure LU -5 and Table LU -6, a large portion of the Uptown Jefferson Specific Plan is identified as a Land Use Focus Area designated for mixed-use development. As such, the adoption of the Uptown Jefferson Specific Plan will provide development standards and guidelines that enhance the area economically 18 and ensure the development of a desirable character as envisioned by the community and which is compatible with existing and proposed development in Uptown Jefferson Specific Plan. The Specific Plan is a form -based code which emphasizes the physical form of buildings to foster predictable built results as the organizing principle for the code, rather than focusing on the strict separation of uses. Under a form -based code, buildings are constructed in a manner that yield flexibility in building form and design, allowing for land uses to fluctuate as a result of the changing economic landscape. The form -based code will employ the combination of both building forms and building frontages to create a pedestrian scaled -urban environment, and encourage mixed-use development in an urban setting. Additionally, the development of six separate districts will encourage the development of the distinct areas based upon current and historical uses in order to cultivate a unique character for each district. The Specific Plan is compatible with surrounding land uses. The current land uses north, east and west of the Specific Plan area consist primarily of commercial and industrial uses. The current land uses to the south of the Specific Plan area consist of predominately tourist service development. The Specific Plan would provide for a mix of land uses including commercial, and residential uses. Northwest and northeast of the proposed Project area is open space. The Specific Plan would maintain approximately 240 -acres zoned Open Space -Conservation. The Specific Plan area is adjacent to Murrieta Creek, but would preserve the open space designation that surrounds the creek. Zone Change 1. The proposed Zone Change is consistent with the General Plan and Development Code. The proposed Zone Change conforms to the City's General Plan. The General Plan Land Use Element anticipates plans that parcels adjacent to Jefferson Avenue will include mixed use development. The Zone Change is also consistent with Development Code Section 17.02.020 "Consistency between the General Plan and Zoning Districts" matrix which provides guidelines for zoning consistency. The Zoning Code and Zoning Map Amendments comply with all applicable policies, guidelines, standards and regulations of the General Plan and Development Code. 2. The proposed Zone Change would not be detrimental to the public interest, health, safety, convenience or welfare of the City. The proposed Zoning Code and Zoning Map Amendments will not be detrimental to the public interest and welfare of the City. The Zoning Code and Zoning Map Amendments will allow for the development of the Specific Plan area. The Specific Plan includes provisions regulating site design, building height, setbacks, parking, circulation, and other associated site improvements and these provisions are intended to protect the health and safety of those working and/or residing in and around the Specific Plan area. The Specific Plan is consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed, and function in a manner consistent with the public health, safety, and welfare. 3. The subject property of the Zone Change is physically suitable for the requested land use designations and the anticipated land use developments. 19 The proposed Zone Change is physically suitable for development in the Specific Plan Area. There are no physical constraints of the Specific Plan area which would preclude or prohibit the requested land use designations or anticipated developments. The Specific Plan area benefits from a range of assets including Murrieta Creek and nearby open spaces, lush hillside views, and convenient freeway accessibility. The Specific Plan area is physically suitable for proposed land use designations because it will maintain 240 acres as open space, and will encourage public and private investment in the development of world class walking and biking trails, public open spaces and passive recreation spaces. The Specific Plan will also promote in -fill development in the older commercial and industrial centers to revitalize the area. Furthermore, the standards within each proposed zone provides guidelines that are suitable for anticipated land use developments. 4. The proposed Zone Change shall ensure the development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. As identified in the City's General Plan Land Use Element, Figure LU -5 and Table LU -6, a large portion of the Uptown Jefferson Specific Plan is identified as a Land Use Focus Area designated for mixed-use development. As such, the Zone Change will allow for development that will enhance the Specific Plan area economically and ensure the development of a desirable character as envisioned by the community and which is compatible with existing and proposed development in Uptown Jefferson Specific Plan. ATTACHMENTS A. List of Changes to the May 2015 Draft Uptown Jefferson Specific Plan and Website Link to Draft Uptown Jefferson Specific Plan and Draft EIR B. PC Resolution No. (Environmental Impact Report) Exhibit A Draft CC Resolution (EIR Certification) Exhibit A - Findings of Fact Exhibit B - Statement of Overiding Considerations Exhibit C - Mitigation Measures C. PC Resolution No. (Overall recommendation of City Council actions) Exhibit A Draft CC Ordinance (Specific Plan and Adult Use Overlay) Exhibit A - Zoning Map Exhibit B - Special Use Overlay Zone No. 1 Exhibit B Draft CC Resolution (General Plan Amendment) Exhibit A - Land Use Element Exhibit B - Land Use Policy Map Exhibit C - Community Design Element Exhibit D - Circulation Element D. Notice of Public Hearing E. Uptown Jefferson Specific Plan which can be downloaded at [http://www.cityoftornecula.org[Temecula/GavernmeniJCommDeo/Jefferson+Avenue+bto dv+Area . htm] F. Uptown Jefferson Final Environmental Impact Report which can be downloaded at [http:/iwww.cityoftemecula.orq/Temecula/Government/CommDev/Jefferson+Avenue+Stu dy+Area.htm] 20 ATTACHMENT A SUMMARY OF PROPOSED CHANGES TO THE FINAL UPTOWN JEFFERSON SPECIFIC PLAN 22 ATTACHMENT A Summary of proposed changes to the Final Uptown Jefferson Specific Plan 1. Plan Applicability. Language was added to Section C in Chapter 2 to exempt any development and land use proposals within the proposed project area from having to comply with the Specific Plan if a planning application was submitted to and deemed complete by the City's Community Development Department on or before April 28, 2015, but was not yet approved, denied or conditionally approved by the City Council following a recommendation from the Planning Commission. The language further states that the City Council may impose reasonable conditions on a conditional use permit in order to mitigate the impact of the project that would otherwise be compatible with the allowable uses and development standards under the proposed Uptown Jefferson Specific Plan, including, without limitation, the duration of the incompatible use and architectural design of the project. 2. Administrative Amendments to the Specific Plan. Subsection G.6 in Chapter 2 Plan Administration was added to allow minor administrative amendments to the Specific Plan by the Director of Community Development provided the amendments do not change existing policies and do not change the community's vision or the intended goals and objectives of the Specific Plan. 3. Extension of Legal Non -Conforming Land Uses. Subsection E.3 has been added to allow a property owner to apply for a one-year extension of time beyond the initial 365 day of discontinuance. Additional language has been added to clarify that a fire or other calamity, act of God, or public enemy does not constitute a discontinuance of use. 4. Interpretation. Table 2-1 of Chapter 2 Plan Administration was amended by removing the Interpretation Planning Application to be consistent with the balance of administrative policies in Chapter 2. 5. Land Use Matrix. Table 3-1 was amended by adding "Religious Institutions without a School or Daycare" as a permitted use in all zoning districts, "Office" as a permitted use in the Creekside Village District, and uses for health, fitness, dance, martial arts studios that are less than 5,000 square feet as a permitted use. 6. Land Uses Not Listed. A sentence was added to Section B in Chapter 3 Land Use and Development Standards, which requires the Director of Community Development determination for land uses not listed in Table 3-1. 7. Parking Requirements. Table 3-17 was amended by increasing the parking requirement for a "Residential" use from 1.5 spaces per unit to 1.75 spaces per unit to be more consistent with market demands. The parking requirement for Religious Institutions was added to Table 3-17. ATTACHMENT B PC RESOLUTION - ENVIRONMENTAL IMPACT REPORT 24 RESOLUTION NO. 15- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE UPTOWN JEFFERSON SPECIFIC PLAN, ADOPT FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION WITH THE ADOPTION OF THE UPTOWN JEFFERSON SPECIFIC PLAN SECTION 1. Recitals and Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine, and declare as follows: A. The Uptown Jefferson Specific Plan ("Specific Plan") has been initiated and prepared on behalf of the City of Temecula. The Specific Plan area is approximately 2.3 miles long and encompasses approximately 560 acres. The Specific Plan area is located north of Rancho Califomia Road, west of Interstate 15, south of Cherry Street, and east of Diaz Road. The Specific Plan area is divided into six zoning districts: Uptown Center District, Uptown Hotel/Tourism District, Uptown Sports/Transit District, Uptown Arts District, Creekside Village District and the Murrieta Creek Recreation and Open Space District. In addition, there are two overlay zones: Creekside Village Commercial Zone and the Wilder Hills Residential Overlay Zone. It is projected that approximately 5.5 million square feet of new development could be constructed in the Specific Plan area within twenty years. This includes approximately 1.7 million square of feet of commercial development, 315 new hotel rooms and 3,726 new residential dwelling units. B. The adoption of the Specific Plan also includes a General Plan Amendment, a Zoning Code Amendment to add the Specific Plan area, a Zoning Map Amendment to change the zoning classification of the properties located within the Specific Plan area, and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone (collectively referred to as the "Project"). C. The proposed Project was processed including, but not limited to, a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code § 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs. § 15000 et seq. (collectively referred to as "CEQA"). Pursuant to CEQA, the City is the lead agency for the Specific Plan, as the public agency with both general governmental powers and the principal responsibility for implementing the Specific Plan. -1- 11086-0006\1892255v2.doc D. On June 2, 2013, in accordance with CEQA Guideline Section 15082, the City published a Notice of Preparation ("NOP") of a Draft Environmental Impact Report ("Draft EIR") and circulated it to governmental agencies, organizations, and persons that may be interested in the proposed Project. The NOP requested that comments on the topics to be analyzed in the Draft EIR for the proposed Project be submitted to the City by July 12, 2013. E. In response to the NOP, the City received written comments from various individuals and organizations. These comment letters assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR. F. On June 27, 2013, in accordance with CEQA Guidelines Section 15082(c)(1), the City held a public scoping meeting to obtain comments from interested parties on the scope of the Draft EIR. G. The City's consultants thereafter prepared, in accordance with State CEQA Guidelines Section 15168, a Draft EIR for the proposed Project (State Clearinghouse Number 2013061012). H. Upon completion of the Draft EIR in March 2015, the City initiated a public comment period by filing a Notice of Completion with the State Office of Planning and Research on April 1, 2015. The public comment period commenced via the State Clearing House from April 2, 2015 through May 18, 2015. A Notice of Completion and Recirculation of a Draft EIR was also sent to adjacent property owners indicating a review period of May 19, 2015 through July 6, 2015. Copies of the documents have been available for public review and inspection at the City of Temecula Community Development Department, Planning Division, located at 41000 Main Street; the Temecula Public Library located at 30600 Pauba Road; the Temecula Grace Mellman Community Library located at 41000 County Center; the City of Temecula website; and the Envision Jefferson Avenue website. The City also published a Notice of Availability for the Draft EIR on April 4, 2015 in the San Diego Union -Tribune, , a newspaper of general circulation in the City. I. In response to the Draft EIR, written comments were received from various agencies, individuals, and organizations. The City responded to all written comments. Those comments and the responses thereto are included as part of the Final Environmental Impact Report/Response to Comments document ("Final EIR"). The Final EIR consists of the Draft EIR, Comments and Responses to Comments, the Mitigation Monitoring and Reporting Program, and the Errata listing changes made to the Draft EIR in response to comments. J. Pursuant to Public Resources Code section 21092.5, the City provided its responses to all persons, organizations, and agencies who commented on the Draft EIR. K. On October 21, 2015 and November 4, 2015, the Planning Commission held duly noticed public hearings on the proposed Project and the Draft EIR at which -2- 11086-0006\1892255v2.doc time all persons interested had the opportunity to present oral and written evidence on the proposed Project and the Draft EIR. L. Section 15091 of the State CEQA Guidelines prevents the City from approving or carrying out a project.for which an EIR has been completed that identifies any significant environmental effects unless the City makes one or more of the following written finding(s) for each of those significant effects accompanied by a brief explanation of the rationale for each finding: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR; or, 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or, 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. M. Section 15093 of the State CEQA Guidelines requires that if a project will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts. N. Environmental impacts identified in the Final EIR which the Planning Commission finds are less than significant and do not require mitigation are described in Section N of the proposed City Council Resolution, a copy of which is attached hereto as Exhibit A and incorporated herein by this referecne as though set forth in full. O. Environmental impacts identified in the Final EIR as potentially significant, but which the Planning Commission finds can be mitigated to a Tess than significant level through the imposition of mitigation measures and/or conditions identified in the Final EIR and set forth herein are described in Section 0 of the proposed City Council resolution. P. Environmental impacts identified in the Final EIR as potentially significant but which the Planning Commission finds cannot be fully mitigated to a less than significant level despite the imposition of all feasible mitigation measures described in Section P of the proposed City Council resolution. -3- 11086-0006\ 1892255v2.doc Q. Alternatives to the Project that might eliminate or reduce significant environmental impacts are described in Section Q of the proposed City Council resolution. R. A discussion of the proposed Project benefits identified by City staff and a Statement of Overriding Considerations for the environmental impacts that cannot be fully mitigated to a less than significant level are set forth in Section R of the proposed City Council resolution. S. Public Resources Code section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any proposed Project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures. SECTION 2. Review and Independent Judgment of the Planning Commission. 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 including the Final EIR, and all oral and written testimony presented to it during meetings and hearings. The Planning Commission finds the Final EIR is an accurate and objective statement that fully complies with CEQA, State CEQA Guidelines and the City's local CEQA Guidelines. The Final EIR reflects the independent judgment of the Planning Commission and is deemed adequate for purposes of making decisions on the merits of the proposed Project and related actions. The Planning Commission further finds that the additional information provided in the staff reports, in comments on the Draft EIR, the responses to comments on the Draft EIR, and the evidence presented in written and oral testimony does not constitute new information requiring recirculation of the Draft EIR or additional review of the Final EIR under CEQA. None of the information presented has deprived the public of a meaningful opportunity to comment upon a substantial environmental impact of the proposed Project or a feasible mitigation measure or alternative that the City has declined to implement. The minor modifications to the Final EIR do not require adiditonal public review because there has not been a substantial increase in the severity of any environmental impacts. SECTION 3. Recommendation to the City Council. Pursuant to its obligations under 14 Cal. Code Regs. § 15025(c), the Planning Commission has reviewed and considered the proposed Project and the Draft EIR prepared for the proposed Project, and written comments thereon, and has considered the significant and unavoidable environmental impacts of the proposed Project. The Planning Commission finds that there are proposed Project benefits that would outweigh any of the adverse impacts identified in the Draft EIR, and on this basis, hereby recommends that the City Council of the City of Temecula certify the Final Environmental Impact Report, adopt findings pursuant to the California Environmental Quality Act, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program in connection with the adoption of the Uptown Jefferson Specific Plan, as set forth in the City Council Resolution that is attached as Exhibit A to this Resolution and incorporated herein as though set forth in full. -4- 11086-0006\ 1892255v2.doc PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Temecula this 4th day of November, 2015. Lanae Turley-Trejo Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Planning Commission, do hereby certify that the foregoing Resolution No. 15- was duly introduced at a meeting of the Planning Commission of the City of Temecula on the 4th day of November, 2015, and said Resolution was duly adopted by the Planning Commission of the City of Temecula on the 21st day of October, 2015, by the following vote: AYES: PLANNING COMMISSIONERS : NOES: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: -5- 11086-0006\ 1892255v2. doc Luke Watson Secretary Exhibit A City Council Resolution -6- 11086-0006\ 1892255v2.doc RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION WITH THE ADOPTION OF THE UPTOWN JEFFERSON SPECIFIC PLAN SECTION 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Uptown Jefferson Specific Plan ("Specific Plan") has been initiated and prepared on behalf of the City of Temecula. The Specific Plan area is approximately 2.3 miles long and encompasses approximately 560 acres. The Specific Plan area is located north of Rancho California Road, west of Interstate 15, south of Cherry Street, and east of Diaz Road. The Specific Plan area is divided into six zoning districts: Uptown Center District, Uptown Hotel/Tourism District, Uptown Sports/Transit District, Uptown Arts District, Creekside Village District and the Murrieta Creek Recreation and Open Space District. In addition, there are two overlay zones: Creekside Village Commercial Zone and the Wilder Hills Residential Overlay Zone. It is projected that approximately 5.5 million square feet of new development could be constructed in the Specific Plan area within twenty years. This includes approximately 1.7 million square of feet of commercial development, 315 new hotel rooms and 3,726 new residential dwelling units. B. The adoption of the Specific Plan also includes a General Plan Amendment, a Zoning Code Amendment to add the Specific Plan area, a Zoning Map Amendment to change the zoning classification of the properties located within the Specific Plan area, and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone (collectively referred to as the "Project"). C. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code § 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs. § 15000 et seq. (collectively referred to as "CEQA"). Pursuant to CEQA, the City is the lead agency for the Specific Plan, as the public agency with both general governmental powers and the principal responsibility for implementing the Specific Plan. D. On June 2, 2013, in accordance with CEQA Guideline Section 15082, the City published a Notice of Preparation ("NOP") of a Draft Environmental Impact Report ("Draft EIR") and circulated it to governmental agencies, organizations, and persons that may be interested in the proposed Project. The NOP requested that comments on the -1- 11086-0006\ 1892250v2.doc topics to be analyzed in the Draft EIR for the proposed Project be submitted to the City by July 12, 2013. E. In response to the NOP, the City received written comments from various individuals and organizations. These comment letters assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR. F. On June 27, 2013, in accordance with CEQA Guidelines Section 15082(c)(1), the City held a public scoping meeting to obtain comments from interested parties on the scope of the Draft EIR. G. The City's consultants thereafter prepared, in accordance with State CEQA Guidelines Section 15168, a Draft EIR for the proposed Project (State Clearinghouse Number 2013061012). H. Upon completion of the Draft EIR in March 2015, the City initiated a public comment period by filing a Notice of Completion with the State Office of Planning and Research on April 1, 2015. The public comment period commenced via the State Clearing House from April 2, 2015 through May 18, 2015. A Notice of Completion and Recirculation of a Draft EIR was also sent to adjacent property owners indicating a review period of May 19, 2015 through July 6, 2015. Copies of the documents have been available for public review and inspection at the City of Temecula Community Development Department, Planning Division, located at 41000 Main Street; the Temecula Public Library located at 30600 Pauba Road; the Temecula Grace Mellman Community Library located at 41000 County Center; the City of Temecula website; and the Envision Jefferson Avenue website. The City also published a Notice of Availability for the Draft EIR on on April 4, 2015 in the San Diego Union -Tribune, a newspaper of general circulation in the City. I. In response to the Draft EIR, written comments were received from various agencies, individuals, and organizations. The City responded to all written comments. Those comments and the responses thereto are included as part of the Final Environmental Impact Report/Response to Comments document ("Final EIR"). The Final EIR consists of the Draft EIR, Comments and Responses to Comments, the Mitigation Monitoring and Reporting Program, and the Errata listing changes made to the Draft EIR in response to comments. J. Pursuant to Public Resources Code section 21092.5, the City provided its responses to all persons, organizations, and agencies who commented on the Draft EIR. K. On October 21, 2015 and November 4, 2015, at duly noticed public hearings as prescribed by law, the Planning Commission considered the proposed Project and any comments received prior to or at the public hearings, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project and the EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding -2- 11086-0006\1892250v2.doc Considerations. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 15-_ recommending that the City Council certify the Final EIR prepared for the proposed Project, adopt Findings pursuant to the California Environmental Quality Act, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the proposed Project. The Planning Commission also adopted Resolution No. 15-, thereby recommending that the City Council take various actions, including adopting General Plan Amendment, Zoning Code and Zoning Map amendments related to the approval of the proposed Project. L. Section 15091 of the State CEQA Guidelines requires that the City, before approving a project for which an EIR is required, make one or more of the following written finding(s) for each significant effect identified in the EIR accompanied by a brief explanation of the rationale for each finding: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR; or, 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or, 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. M. Section 15093 of the State CEQA Guidelines requires that if a project will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts. N. Environmental impacts identified in the Final EIR that are found to be less than significant and do not require mitigation are described in Section III and IV of Exhibit A to this Resolution. Exhibit A, Findings and Facts in Support of Findings, is hereby incorporated by reference as if set forth in full herein. O. Environmental impacts identified in the Final EIR that are found to be less than significant through the imposition of mitigation are described in Section V of Exhibit A to this Resolution. P. Environmental impacts identified in the Final EIR as potentially significant but which cannot be fully mitigated to a less than significant level despite the imposition -3- 11086-0006\1892250v2. doc of all feasible mitigation measures are described in Section VI of Exhibit A to this Resolution. Q. Alternatives to the proposed Project that might eliminate or reduce significant environmental impacts are described in Section VII of Exhibit A of this Resolution. R. A discussion of the proposed Project benefits identified by City staff and a Statement of Overriding Considerations for the environmental impacts that cannot be fully mitigated to a Tess than significant level are set forth in Exhibit B to this Resolution, which is hereby incorporated by reference as if set forth in full herein. S. Public Resources Code section 21081.6 requires the City to prepare and adopt a Mitigation Monitoring and Reporting Program for any project for which mitigation measures have been imposed to ensure compliance with the adopted mitigation measures. The Mitigation Monitoring and Reporting Program is attached to this Resolution as Exhibit C, and is hereby incorporated by reference as if set forth in full herein. T. On Novebmer 17, 2015, the City Council of the City of Temecula considered the proposed Project including the Specific Plan, the General Plan Amendments, the Zoning Code Amendments and Zoning Map Amendment, and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone the Draft EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The City Council considered all the testimony and any comments received regarding the proposed Project, the Draft EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations prior to and at the public hearing. SECTION 2. Substantive Findinas. The City Council of the City of Temecula, California does hereby: A. Declare that the City Council has independently considered the administrative record before it, which is hereby incorporated by reference and which includes the Final EIR, the written and oral comments on the Draft EIR, staff reports and responses to comments incorporated into the Final EIR, and all testimony related to environmental issues. B. Determine that the Final EIR fully analyzes and discloses the potential impacts of the proposed Project, and that those impacts have been mitigated or avoided to the extent feasible for the reasons set forth in the Findings attached hereto as Exhibit A, with the exception of those impacts found to be significant and unmitigable as discussed therein. C. Declare that prior to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data in the -4- 11086-0006\1892250v2.doc administrative record including the Final EIR, and all oral and written testimony presented to it during meetings and hearings. The City Council finds the Final EIR is an accurate and objective statement that fully complies with CEQA, State CEQA Guidelines and the City's local CEQA Guidelines. The Final EIR reflects the independent judgment of the City Council and is deemed adequate for purposes of making decisions on the merits of the proposed Project and related actions. The City Council further finds that the additional information provided in the staff reports, in comments on the Draft EIR, the responses to comments on the Draft EIR, and the evidence presented in written and oral testimony does not constitute new information requiring recirculation of the Draft EIR or additional review of the Final EIR under CEQA. None of the information presented has deprived the public of a meaningful 'opportunity to comment upon a substantial environmental impact of the proposed Project or a feasible mitigation measure or alternative that the City has declined to implement. The minor modifications to the Final EIR do not require adiditonal public review because there has not been a substantial increase in the severity of any environmental impacts. SECTION 3. Certification of the Final EIR. The City Council hereby certifies the Final EIR as being in compliance with CEQA. The City Council further adopts the findings pursuant to CEQA as set forth in Exhibit A attached hereto and incorporated herein by reference; adopts the Statement of Overriding Considerations as set forth in Exhibit B attached hereto and incorporated herein by reference; and adopts the Mitigation Monitoring and Reporting Program attached hereto as Exhibit C and incorporated herein by reference. The City Council further determines that all of the findings made in this Resolution (including Exhibit A) are based upon the information and evidence set forth in the Final EIR and upon other substantial evidence that has been presented at the hearings before the Planning Commission and the City Council, and in the record of the proceedings. The City Council further finds that each of the overriding benefits stated in Exhibit B, by itself, would justify proceeding with the proposed Project despite any significant unavoidable impacts identified in the Final EIR or alleged to be significant in the record of proceedings. SECTION 4. The City Council hereby imposes as a condition on the proposed Project each mitigation measure specified in Exhibit C, and directs City staff to implement and to monitor the mitigation measures as described in Exhibit C. SECTION 5. Custodian of Records. The City Clerk of the City of Temecula is the custodian of records, and the documents and other materials that constitute the record of proceedings upon which this decision is based are located at the Office of the City Clerk, City of Temecula, 41000 Main Street, Temecula, California 92590. This information is provided in compliance with Public Resources Code Section 21081.6. SECTION 6. Severability. The City Council hereby declares that the provisions of this Resolution are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Resolution to be invalid, such decision shall not affect the validity of the remaining parts of this Resolution. -5- 11086-0006\ 1892250v2.doc SECTION 7. Certification and Effective Date. The City Clerk shall certify to the adoption of this Resolution which shall become effective upon its adoption. PASSED, APPROVED AND ADOPTED by the City of Council of the City of Temecula this 17th day of November 2015. ATTEST: Randi Johl-Olson City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) -6- 11086-0006\1892250v2.doc Jeff Comerchero, Mayor EXHIBIT A Findings and Facts in Support of Findings -7- 11086-0006\1892250v2.doc EXHIBIT A Findings and Facts in Support of Findings I. Introduction. The California Environmental Quality Act, Public Resources Code § 21000, et seq. ("CEQA") and the State CEQA Guidelines, 14 Cal. Code Regs. § 15000, et seq. (the "Guidelines") provide that no public agency shall approve or carry out a project for which an environmental impact report has been certified that identifies one or more significant effects on the environment caused by the project unless the public agency makes one or more of the following findings: A. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effects identified in the Program Environmental Impact Report (EIR). B. Such changes or alterations are within the responsibility of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. C. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Program EIR.1 Pursuant to the requirements of CEQA, the City Council of the City of Temecula hereby makes the following environmental fmdings in connection with the proposed Uptown Jefferson Specific Plan, the General Plan Amendment, a Zoning Code Amendment to add the Specific Plan area, a Zoning Map Amendment to change the zoning classification of the properties located within the Specific Plan area, and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone (the "Project"), as more fully described in the Final Program EIR. These findings are based upon written and oral evidence included in the record of these proceedings, comments on the Draft Program EIR and the written responses thereto, and reports presented to the Planning Commission and the City Council by City staff and the City's environmental consultants. II. Project Objectives. As set forth in the Program EIR, objectives that the City of Temecula seeks to achieve with this Project (the "Project Objectives") are as follows: A. Create a vibrant locale by providing a mix of land uses including housing, commercial/retail, office, higher education institutions, hotels and other tourist -oriented uses, cultural uses, and open space and recreational opportunities. Cal. Pub. Res. Code § 21081; 14 Cal. Code Regs. § 15091, A-1 B. Strengthen opportunities for economic development in the Specific Plan area by building upon existing assets as well as encouraging new public and private investment in the area that attracts high -wage, quality employment opportunities and higher education facilities. C. Establish a distinct identity for the Specific Plan area by beautifying Jefferson Avenue and making it "Temecula's Great Street." D. Identify and establish interrelated, compatible districts and neighborhoods with their own unique identities. E. Develop a signage strategy for wayfinding, neighborhood/district identification, and gateway monumentation that emphasizes the distinct character of the area's location, natural setting, and built environment. F. Create a form -based code to guide future development that allows greater density, increased building heights, design standards for architecture, street character and public realms, and flexible urban parking standards. G. Establish an efficient and interconnected multi -modal mobility network through circulation and transit improvements, including the French Valley Interchange, Overland Drive Extension, Rancho Way Extension, Jefferson Avenue Streetscape Beautification, and working with Regional Transit Authority (RTA) on the siting of a new transit center. H. Enhance bicycle and pedestrian mobility in the Specific Plan area through the development of human -scaled streets, blocks, and alleys as well as incorporating public plazas and providing links with open spaces and recreational amenities. I. Ensure that new development in the Specific Plan area is adequately served by utilities. III. Effects Determined to be Less Than Significant/No Impact in the Initial Study The City of Temecula conducted an Initial Study in May 2013 to determine significant effects of the Project. In the course of this evaluation certain impacts were found to be less than significant due to the inability of a project of this scope to create such impacts or the absence of project characteristics producing effects of this type. The following issue areas were determined not to be significant for the reasons set forth in the Initial Study and were not analyzed in the EIR: (A) Agriculture and Forest Resources; (B) Mineral Resources; and (C) Recreation. Impacts related to the following issue areas were found to be potentially significant and were studied in the Program EIR: (A) Aesthetics; (B) Air Quality; (C) Biological Resources; (D) Cultural Resources; (E) Geology and Soils; (F) Greenhouse Gas Emissions and Climate Change; (G) Hazards and Hazardous Materials; (H) Hydrology and Water Quality; (I) Land Use and Planning; (J) Noise; (K) Population and Housing; (L) Public Services; (M) Transportation and Traffic ; and (N) Utilities and Services A-2 A. On June 6, 2013, in accordance with CEQA Guideline Section 15082, the City published a Notice of Preparation (NOP) of a Draft EIR and circulated it to governmental agencies, organizations, and persons that may be interested in the Project, including land owners and business owners within the boundaries of the Uptown Jefferson Specific Plan, and land owners located within 600 feet of the Specific Plan boundaries. The NOP requested comments by July 12, 2013. On June 27, 2013, in accordance with CEQA Section 21083.9 of the State CEQA Guidelines, the City sponsored a public scoping meeting to obtain comments from interested parties on the scope of the Draft EIR. Comments received on the NOP included: the scope of traffic impact analysis and potential traffic impacts; scope of the air quality and greenhouse gas emissions analyses; impacts to public services and utilities, including the adequacy of water supply for the Project; impacts to Native American cultural resources and outreach with the Native American tribes in the area; impacts to biological resources, including consideration of the Project's proximity to Murrieta Creek and its location within the Western Riverside County Multiple Species Habitat Conservation Plan area; and consistency with local and regional land use plans, including the Regional Transportation Plan and Sustainable Communities Strategy goals. No comments were received on areas other than those found to be potentially significant in the Initial Study. IV. Effects Determined to be Less Than Significant without Mitigation in the Program EIR The Draft Program EIR completed in March 2015 found that the proposed Project would have a less than significant impact without the imposition of mitigation measures on a number of environmental topic areas. The less than significant environmental impact determination was made for each of the following topic areas listed below, based on the more expansive discussions contained in the Program EIR. A. Greenhouse Gas Emissions and Climate Change 1. The Project would not generate Greenhouse Gas (GHG) emissions, either directly or indirectly, that may have a significant impact on the environment. 2. The Project would not conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of GHGs. B. Land Use and Planning 1. The Project would not physically divide an established community. 2. The Project would not conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the Project adopted for the purpose of avoiding or mitigating an environmental effect. 3. The Project would not conflict with any applicable habitat conservation plan or natural community conservation plan. A-3 C. Population and Housing 1. The Project would not induce substantial population growth in an area, either directly or indirectly. 2. The Project would not displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. 3. The Project would not displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. D. Public Services 1. The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or create a need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: • Fire protection; • Police protection; • Schools; • Parks; or • Other public facilities. 2. The Project would not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facilities would occur or be accelerated. 3. The Project would not include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. V. Potentially Significant Environmental Impacts Determined to be Mitigated to a Less Than Significant Level The Draft Program EIR identified the potential for the Project to cause significant environmental impacts in the areas of aesthetics; air quality; biological resources; cultural resources; geology, soils and seismicity; hazards and hazardous materials; hydrology and water quality; noise; transportation and traffic; and utilities and water supply assessment. With the exception of specific impacts to air quality (construction and operations), noise (construction), and cumulative impacts to air quality and A-4 cultural resources, discussed in Section VI below, measures have been identified that would mitigate all of the impacts to the topic areas identified above to a less than significant level. The City Council fmds that the feasible mitigation measures for the Project identified in the Final Program EIR would reduce the Project's impacts to a less than significant level, with the exception of those unmitigable impacts discussed in Section VI below. The City Council adopts all of the feasible mitigation measures for the Project described in the Final Program EIR as conditions of approval of the Project and incorporates those into the Project, as discussed more fully in Exhibit C. A. Aesthetics 1. New Source of Light and Glare The Project has the potential to increase the intensity and density of development throughout the Project area, which could result in increased light and glare sources. In addition, although the Project would be consistent with the Riverside County Ordinance No. 655 and implement measures to reduce light and glare, given the proposed density and intensity of the Project, new development could substantially increase nighttime light sources. As described below, these impacts can be mitigated to less than significant levels. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measure described below, which ensure that the Project's potential light and glare impacts remain less than significant. Mitigation Measure MM -AES -1: The following light and glare standards shall be applied to all future development within the Specific Plan area: • The applicant shall ensure that all lighting fixtures contain "sharp cut-off' fixtures, and shall be fitted with flat glass and internal and extemal shielding. • The applicant shall ensure that site lighting systems shall be grouped into control zones to allow for opening, closing, and night light/security lighting schemes. All control groups shall be controlled by an automatic lighting system utilizing a time clock, photocell, and low voltage relays. • The applicant shall ensure that design and layout of the site shall take advantage of landscaping, on-site architectural massing, and off—site architectural massing to block light sources and reflection from cars. • Prior to the issuance of construction permits for a project -specific development within the Project area that includes outdoor lighting, the applicant shall submit an outdoor lighting plan and photometric plan to be reviewed and approved by the City of Temecula. The lighting plan shall be in compliance with Ordinance No. 655 as A-5 adopted by the Riverside County Board of Supervisors and shall include, but not be limited to, the following information and standards: o Light fixtures shall not exceed 4,050 lumens; o Light fixtures shall be fully shielded so that light rays emitted by the fixtures are projected below the horizontal plan passing through the lowest point of the shield. o A map showing all lamp locations, orientations, and intensities, including security, roadway, and task lighting; o Specification of each light fixture and each light shield; o Total estimated outdoor lighting footprint, expressed as lumens per acre; and o Specification of motion sensors and other controls to be used, especially for security lighting. • The City shall conduct a post -installation inspection to ensure that the site is in compliance with the design standards in Mitigation Measure MM -AES -1 and Riverside County Ordinance No. 655. • The use of highly reflective construction materials on exterior wall surfaces shall be prohibited. The exterior of permitted buildings shall be constructed of materials such as high performance tinted non -mirrored glass, painted metal panels and pre -cast concrete or fabricated wall surfaces. b) Facts in Support of Findings The Project will be required to comply with existing Riverside County Ordinance No. 655 requiring lighting to be shielded, directed down to avoid glare onto adjacent properties and emit low levels of glare into the sky. In addition, the Project would discourage large surface parking areas, which can be a primary source of daytime glare, and would increase landscaping throughout the area, which would provide additional shielding from lighting and glare; likely reducing the overall amount of light and glare that is currently produced in the Project area. With the implementation of MM -AES -1 (above), potential light and glare impacts associated with the Project will be less than significant. B. Biological Resources 1. Special Status Species, Sensitive Species, or Candidate Species The proposed Project has the potential to impact special status species within the Uptown Jefferson Specific Plan area. Development occurring as a result of the Project could result in direct and indirect impacts to special -status plants including disturbing or removing the plants or their habitat during construction. Construction equipment could introduce invasive weeds A-6 that could out -compete special status plants. All impacts to special status plants would be considered significant. Additionally, impacts to raptors and other migratory birds include direct loss of potential foraging and nesting habitat. Potential impacts to burrowing owl habitat would include loss of foraging and nesting (i.e., burrowing) habitat. Burrowing owls present during grading and other construction related activities have the potential to be killed or displaced through burrow collapse and other impacts. Lastly, future development could result in adverse effects to vernal pools and special -status vernal pool species (fairy shrimp) that may occur in flat, open areas between the developed portions of the Project site and Murrieta Creek. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below, to ensure that the Project's potential impacts to special status species remain less than significant. Mitigation Measure MM -BIO -1: Prior to any ground -disturbing activities for individual development projects, pre -construction clearance surveys shall be conducted in accordance with Section 6.0 of the Multiple Species Habitat Conservation Plan (MSHCP) for special -status plant species in suitable habitat areas that will be subject to ground - disturbing activities. The surveys will be conducted in the appropriate season. All special - status plant species observed shall be marked and afforded a level of protection within 100 feet of the construction footprint, per the terms and conditions of the MSHCP. As appropriate, the special -status or habitats of concern mapping within the construction limits shall be updated. A biologist will provide verification and report through memorandum to the Western Riverside County Regional Conservation Authority (RCA) Monitoring Program Administrator. Mitigation Measure MM -BIO -2: Impacts to raptors and other migratory birds shall be avoided by the implementation of one of the following measures: • All construction and ground disturbing activities shall take place outside of the raptor breeding season (February 1 -August 30). If construction and ground disturbing activities are necessary during the breeding season (February 1 -August 30), a focused survey for active nests of raptors and migratory birds shall be conducted by a biologist (a person possessing a bachelors in science with a minimum of one year nest survey experience performing raptor surveys). The survey shall occur a maximum of 14 days prior to any construction or ground -disturbing activities. If active nest(s) (with eggs or fledglings) are identified within the project site, (CDFW for state listed species, species of special concern, and A-7 MSHCP covered species; USFWS for birds covered under the Migratory Bird Treaty Act and listed species) they shall not be disturbed until the young have hatched and fledged (matured to a state that they can leave the nest on their own). A 500 -foot construction setback from any active nesting location shall be adhered to in order to avoid disturbance of the nest until the young have fledged or the nest has failed, as determined by a qualified biologist. If no active nests are identified, construction may commence. Mitigation Measure MM -BIO -3: Future development that occurs outside of land designated as Developed/Disturbed on Figure 3.3-1 shall be surveyed by a qualified biologist (i.e., knowledgeable in burrowing owl biology) using MSHCP approved burrowing owl survey protocols within 30 days prior to construction to determine presence/absence of burrowing owl. If no burrowing owls are identified on the project site during these pre -construction surveys, no additional mitigation is necessary and construction can commence. If burrowing owl(s) are found on-site, the City and RCA will be notified. The following species-specific mitigation actions would be required if burrowing owls are found: • Since a burrowing owl is a covered species under the MSHCP, adequate conservation of the species and its habitat are achieved through participation in the MSHCP. Avoidance of the active burrow(s) is the preferred method to reduce potential impacts to burrowing owl to a less than significant level. • However, if the Project cannot avoid the active burrow(s), owls within active burrow(s) may be evicted with the use of one-way doors and passively relocated to suitable habitat with natural or artificial burrows within 100 meters of the proposed project site, as regulated by the RCA. If eviction/passive relocation is not feasible, preparing and implementing an active translocation plan, if appropriate and approved by the RCA and CDFW that includes identifying a receptor site for the owl(s), may also be acceptable. However, if 3 or more pairs of burrowing owls are observed on 35 -plus acres of suitable habitat, onsite conservation of the habitat is required by the MSHCP in accordance with Section 6.3.2 of the MSHCP Plan. Onsite conservation of habitat will be negotiated between the project applicant and the RCA through a Determination of Biologically Equivalent or Superior Preservation (DBESP) and/or a Habitat Assessment and Negotiation Strategy (HANS) application. Mitigation Measure MM -BIO -4: The specific MSHCP conservation objectives for fairy shrimp shall be met through implementation of the Riparian/Riverine Areas and Vernal Pools Policy presented in Section 6.1.2 of the MSHCP. Prior to City approval of an individual development project located outside of land designated as Developed/Disturbed on Figure 3-1, an assessment of the construction footprint shall he A-8 conducted to determine whether suitable wetlands or seasonally inundated habitats (vernal pools, stock ponds, ephemeral ponds, impoundments, road ruts, or other human - modified depressions) currently exist within the construction footprint. Wetland mapping assembled as part of that policy shall be reviewed as part of the project review process and, if suitable fairy shrimp habitat is identified on the wetland maps and cannot be avoided, a single -season dry or wet season survey for fairy shrimp species shall be conducted by a qualified biologist in accordance with the sampling methods described in the 1996 USFWS Interim Survey Guidelines to Permittees for Recovery Permits under Section 10(a)(1)(A) of the Endangered Species Act for the Listed Vernal Pool Branchiopods. If survey results are positive, a certain percentage of the occupied portions of the property that provide for long-term conservation value for the fairy shrimp shall be conserved. The MSHCP provides general guidance which suggests ninety percent of the occupied portions of the site shall be conserved and ten percent of the occupied portions allowed for development under the MSHCP; however, the required conservation/impact ratio shall be determined by the RCA on a project -by -project basis. If listed branchiopods are detected, then the following restrictions and protection will be implemented to avoid or minimize impacts to the resource during construction: Seasonal Vernal Pool Work Restriction. For seasonal avoidance of special -status vernal pool branchiopods and vernal pool -dependent species (e.g., western spadefoot toad), the contractor will not work within 250 feet of aquatic habitats suitable for these species (e.g., vernal pools and other seasonal wetlands) from October 15 to June 1 (corresponding to the rainy season), or as determined through informal or formal consultation with the RCA Monitoring Program Administrator and/or USACE. Ground -disturbing activities may begin once the habitat is no longer inundated for the season. If any work remains to be completed after October 15 exclusion fencing and erosion control measures will be placed at the vernal pools (or other seasonal wetlands) by the contractor under supervision of a biologist. The fencing will act as a buffer between ground -disturbing activities and the vernal pools and other seasonal wetlands as determined through consultations with the RCA Monitoring Program Administrator, and/or USACE. The biologist will document compliance with the fencing requirement through a memorandum submitted to the RCA Monitoring Program Administrator. Implement and Monitor Vernal Pool Protection. If temporary impacts can be avoided, the vernal pool(s) will be protected by erecting exclusion fencing. The contractor, under the supervision of the project biologist, will erect and maintain the exclusion fencing. Resource agency consultations with the RCA Monitoring Program Administrator and/or USACE will occur as needed. If vernal pools and/or listed branchiopods are detected, and an avoidance alternative is not feasible, then the following measures shall be implemented: A-9 Determination of Biologically Equivalent or Superior Preservation (DBESP). In accordance with Section 6.1.2 of the MSHCP, a DBESP shall be prepared as part of an individual development project approval by the City to ensure replacement of any lost functions and values of habitat as it relates to vernal pools and listed branchiopods. The DBESP shall contain a mitigation strategy, subject to the approval of the RCA, which may contain on-site habitat creation and conservation, or off-site land acquisition in an approved mitigation bank for vernal pools and listed branchiopods; each is described below. On-site Habitat Creation. Should an avoidance alternative not be feasible, vernal pool basins and watershed shall be created on-site at a replacement ratio of 1:1, subject to the approval of the RCA. If on-site restoration is infeasible, an appropriate off-site location will be selected that exhibits the appropriate vernal pool soil conditions. The required off-site replacement ratio shall be determined by the RCA based on the specifics of the project. Vernal pool restoration sites shall be conserved in perpetuity through a conservation easement, deed restriction, or other appropriate mechanism. Specifications for the creation of habitat and a long-term monitoring program (typically five years, complete with success criteria) shall be included in the DBESP. Of -site Land Acquisition. Should both an avoidance alternative and habitat creation not be feasible, then off-site land acquisition in an approved mitigation bank for vernal pools and listed branchiopods shall be implemented at a replacement ratio of 1:1, subject to the approval of the RCA. The required replacement ratio shall be determined by the RCA on a project -by -project basis. Mitigation through off-site acquisition shall occur by purchasing vernal pool mitigation credits at the Barry Jones (aka Skunk Hollow) Wetland Mitigation Bank. Mitigation Measure MM -BIO -5: Prior to any ground -disturbing activities associated with individual development projects, a biologist shall conduct a visual and acoustic survey for roosting bats according to accepted protocol. The biologist will contact the RCA Monitoring Program Administrator and/or CDFW if any hibernation roosts or active nurseries are identified within the construction footprint. The biologist will submit a memorandum documenting compliance to the RCA Monitoring Program Administrator. Bat Exclusion and Deterrence. During ground -disturbing activities, if individual or groups of bats are found within the construction footprint, the bats shall be safely excluded by either opening the roosting area to change lighting and airflow conditions, or by installing one-way doors, or other appropriate methods specified by the RCA Monitoring Program Administrator and/or CDFW. The contractor will leave the roost undisturbed by project -related activities for a minimum of one week after implementing exclusion and/or eviction activities. The contractor will not implement exclusion measures to evict bats from established maternity roosts. The A-1 0 biologist will submit a memorandum documenting compliance to the RCA Monitoring Program Administrator. b) Facts in Support of Findings Although, implementation of the proposed Project could result in impacts to special status species as discussed above, implementation of Mitigation Measures MM -BIO -1 through MM -BIO -5 which require pre -construction and construction biological surveys, measures to protect species and habitat if they are encountered, and compliance with the MSHCP, potential impacts to special status species, sensitive species, or candidate species would be minimized to a less than significant level. 2. Impacts to Critical Habitat, Sensitive Vegetation Communities, and Jurisdictional Waters including Wetlands and Riparian Habitat The proposed Project has the potential to impact critical habitat and sensitive vegetation communities within the Jefferson Specific Plan area. a) Findings Changes or alterations have been required in, or incorporated into the Project, including the mitigation measures described below, to ensure that the Project's potential impacts to critical habitat and sensitive vegetation communities remain less than significant. Mitigation: Implement Mitigation Measures MM -BIO -1 and MM -BIO -4. b) Facts in Support of Findings Implementation of the Project could result in impacts to vernal pool resources in undeveloped portions of the Project area or could affect areas of wetland habitat that exist within the Project boundaries. However, implementation of Mitigation Measures MM - BIO -1 and MM -BIO -4 which require biological surveys and MSHCP vernal pool protection implementation measures would minimize potential impacts to a less than significant level. C. Cultural Resources (Archaeological and Paleontological) 1. Impacts to Archaeological Resources The proposed Project has the potential to impact archaeological resources located within the Uptown Jefferson Specific Plan area. The records search indicated that a total of nine archaeological resources are located within one mile of the Project area. Three (CA -RN -644, -717, and -1727H) are located within the Project area. Two of these resources (CA-RIV-644 and -717) are prehistoric archaeological sites, and one (CA-RIV-1727H) is a historic -period archaeological site. None have been evaluated for their eligibility for listing in the California A-11 Register or local historic register. Therefore, the Project area has moderate to high potential for significant impacts to archaeological resources. a) Findings Changes or alterations have been required in, or incorporated into the Project, including the mitigation measure described below, to ensure that the Project's potential impacts to archaeological resources remain less than significant. Mitigation Measure MM -CUL -1: Individual development projects or other ground disturbing activities such as installation of utilities, shall be subject to a Phase I cultural resources inventory on a project -specific basis prior to the City's approval of project plans. The study shall be carried out by a qualified archaeologist, defined as an archaeologist meeting the Secretary of the Interior's Standards for professional archaeology, and shall be conducted in consultation with the Pechanga Band of Luiseno Indians. The cultural resources inventory would consist of: a cultural resources records search to be conducted at the Eastern Information Center; scoping with the Native American Heritage Commission (NAHC) and with interested Native Americans identified by the NAHC; a pedestrian archaeological survey where deemed appropriate by the archaeologist; and recordation of all identified archaeological resources on California Department of Parks and Recreation 523 forms. If potentially significant cultural resources are encountered during the survey, the City shall require that the resources are evaluated for their eligibility for listing in the California Register of Historical Resources and for significance as a historical resource or unique archaeological resource per CEQA Guidelines Section 15064.5. Recommendations shall be made for treatment of these resources if found to be significant, in consultation with the City and the Pechanga Band of Luisefio Indians. Per CEQA Guidelines Section 15126.4(b)(3), project redesign and preservation in place shall be the preferred means of mitigation to avoid impacts to significant cultural resources, including prehistoric and historic archaeological sites, locations of importance to Native Americans, human remains, historical buildings, structures and landscapes. Methods of avoidance may include, but shall not be limited to, project re-route or re -design, project cancellation, or identification of protection measures such as capping or fencing. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C), if it is demonstrated that resources cannot be avoided, the qualified archaeologist shall develop additional treatment measures, which may include data recovery or other appropriate measures, in consultation with the City and the Pechanga Band of Luisefio Indians. The City shall conduct consultation with the Pechanga Band of Luiseno Indians on a project -specific basis. In addition, the project proponent shall retain archaeological monitors and Native American monitors from the Pechanga Band of Luiseno Indians during ground - disturbing activities that have the potential to impact significant cultural resources as determined by a qualified archaeologist in consultation with the City. A-12 During project -level construction, should prehistoric or historic subsurface cultural resources be discovered, all activity in the vicinity of the fmd shall stop and a qualified archaeologist, in consultation with the Pechanga Band of Luisefio Indians, will be contacted to assess the significance of the find according to CEQA Guidelines Section 15064.5. If any find is determined to be significant, the archaeologist shall determine, in consultation with the City and the Pechanga Band of Luisefio Indians, appropriate avoidance measures or other appropriate mitigation. Per CEQA Guidelines Section 15126.4(b)(3), project redesign and preservation in place shall be the preferred means to avoid impacts to significant cultural resources. Methods of avoidance may include, but shall not be limited to, project re-route or re -design, project cancellation, or identification of protection measures such as capping or fencing. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C), if it is demonstrated that resources cannot be avoided, the qualified archaeologist shall develop additional treatment measures in consultation with the City, which may include data recovery or other appropriate measures, in consultation with the Pechanga Band of Luisefio Indians. All significant cultural materials recovered will be, as necessary and at the discretion of the consulting archaeologist and in consultation with the Pechanga Band of Luisefio Indians, and any other local Native American groups expressing interest, subject to scientific analysis, professional museum curation, and documentation according to current professional standards. Mitigation Measure MM -CUL -2: Project -level development involving ground disturbance and containing structures 50 years old or older shall be subject to a historic built environment survey, and potentially historic structures shall be evaluated for their potential historic significance, prior to the City's approval of project plans. The survey shall be carried out by a qualified historian or architectural historian meeting the Secretary of the Interior's Standards for Architectural History. Consultation with the Pechanga Band of Luisefio Indians shall also occur during the evaluation. If potentially significant resources are encountered during the survey, demolition or substantial alteration of such resources identified shall be avoided. If avoidance of identified historic resources is deemed infeasible, the City shall require the preparation of a treatment plan to include, but not limited to, photo -documentation and public interpretation of the resource. The plan will be submitted to the City for review and approval prior to implementation. b) Facts in Support of Findings Future development under the Project could significantly impact archaeological sites and/or sites of traditional cultural value to tribes; and structures 50 years old or older. Development occurring under the Project has the potential to result in significant impacts to these resources. However, implementation of Mitigation Measure MM -CUL -1 requires consultation with the Pechanga Band of Luisefio Indians, a qualified archeologist to be on-site during ground disturbance activities, and identifies protections measures to be A-13 implemented in the evtnt resources are discovered. Also, Mitigation Measure MM -CUL - 2 requires a historic build environment survey prior to City approval of any development plans. These mitigation measures would minimize impacts to a less than significant level. 2. Paleontological Resources The proposed Project is underlain by the Pauba Formation and younger and older Quaternary Alluvium. The Pauba Formation and older Quaternary Alluvium have high paleontological sensitivity and therefore the potential to cause a significant impact on paleontological resources. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measure described below, to ensure that the Project's potential impacts to paleontological resources remain less than significant. Mitigation Measure MM -CUL -3: For project -level development involving ground disturbance, a qualified paleontologist shall be retained to determine the necessity of conducting a study of the project area(s) based on the potential sensitivity of the project site for paleontological resources. If deemed necessary, the paleontologist shall conduct a paleontological resources inventory designed to identify potentially significant resources. The paleontological resources inventory would consist of: a paleontological resources records search to be conducted at the San Bernardino County Museum and/or other appropriate facilities; a field survey where deemed appropriate by the paleontologist; and recordation of all identified paleontological resources. The paleontologist shall provide recommendations regarding additional work for the project. Impacts to significant paleontological resources, if identified, shall be avoided. In addition, the project proponent shall retain paleontological monitors during construction for ground -disturbing activities that have the potential to impact significant paleontological resources as determined by a qualified paleontologist. In the event that paleontological resources are discovered, the project proponent will notify a qualified paleontologist. The paleontologist will document the discovery as needed, evaluate the potential resource, and assess the significance of the find under the criteria set forth in CEQA Guidelines Section 15064.5. If fossil or fossil bearing deposits are discovered during construction, excavations within 50 feet of the find will be temporarily halted or diverted until the discovery is examined by a qualified paleontologist, in accordance with Society of Vertebrate Paleontology standards: The paleontologist will notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If avoidance is determined to be infeasible, the qualified paleontologist shall implement a paleontological mitigation program. At each fossil locality, field data forms shall he used A-14 to record pertinent geologic data, stratigraphic sections shall be measured, appropriate sediment samples shall be collected and submitted for analysis, and any other activities necessary for the timely and professional documentation and removal of fossils. Any fossils encountered and recovered shall be prepared to the point of identification, catalogued, and donated to a public, non-profit institution with a research interest in the materials. Accompanying notes, maps, and photographs shall also be filed at the repository. b) Facts in Support of Findings The potential exists for significant paleontological resources to be located beneath the ground surface in the Project area. Construction activities could result in the inadvertent discovery and damage of these paleontological resources, which would be a significant impact. However, Temecula's General Plan (implementation measure OS -26) requires that a paleontologist be retained to observe grading activities in areas where the probable presence of paleontological resources is identified. Implementation of Mitigation Measure MM -CUL -3 will ensure any potential impacts to paleontological resources are minimized to be less than significant. 3. Impacts to unidentified Human Remains The proposed Project has the potential to cause an impact to human remains in the event human remains are discovered. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below, to ensure that the Project's potential impacts unidentified human remains remain less than significant. Mitigation Measure MM -CUL -4: Project -level development involving ground disturbance within the Project area shall address the potential discovery and proper treatment of human remains, which is always a potential in areas that have not been previously disturbed or only partially disturbed through prior development. The City shall require that if human remains are uncovered during project construction, work in the vicinity of the find shall cease and the Riverside County coroner shall be contacted to evaluate the remains, following the procedures and protocols set forth in Section 15064.5 (e)(1) of the CEQA Guidelines. If the County coroner determines that the remains are Native American, the coroner will contact the Native American Heritage Commission, in accordance with Health and Safety Code Section 7050.5, subdivision (c), and Public Resources Code 5097.98 (as amended by AB 2641). The NAHC will then designate a Most Likely Descendent of the deceased Native American, who will engage in consultation to determine the disposition of the remains. A-15 b) Facts in Support of Findings The archaeological site record for site CA-RIV-644 has indicated that human remains near the site had been identified eroding out of the bank of a nearby creek, possibly Santa Gertrudis, and were recovered by public employees in the early 1970s (Humbert and Hammond, 1973) and ground -disturbing construction conducted throughout the Project area that is associated with implementation of the Project could result in damage to previously unidentified human remains. However, this impact would be minimized to less than significant by implementation of Mitigation Measure MM -CUL -4. 4. Cumulative Impacts to Cultural Resources The Project could cause cumulative impacts to cultural resources including archaeological resources, fossils and human remains. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below to ensure that the Project's cumulative impacts to cultural resources remain less than significant. Mitigation: Implement Mitigation Measures MM -CUL -1, MM -CUL -2, MM -CUL -3 and MM -CUL -4. b) Facts in Support of Findings The analysis in the Program EIR includes several mitigation measures to reduce potential Project impacts to cultural resources during construction of the Project. Should other projects in the cumulative scenario not implement similar measures, the cumulative scenario could result in a significant cumulative impact; however, the Project, with mitigation, would not contribute to the cumulative impact. Therefore, with implementation of Mitigation Measures MM -CUL -1, MM -CUL -2 and MM -CUL -4, the Project's contribution to cumulative impacts on cultural resources would not be cumulatively considerable. Excavation activities associated with the Project in conjunction with other projects in the area could contribute to the progressive loss of fossil remains, as -yet unrecorded fossil sites, associated geological and geographic data, and fossil bearing strata. However, the Project would have a less than significant impact to paleontological resources with incorporation of Mitigation Measure MM -CUL -3. With the implementation of this measure, the Project's contribution to cumulative impacts on paleontological resources would not be cumulatively considerable. Should other projects in the cumulative scenario not implement similar measures, the cumulative scenario could result in a significant cumulative impact through progressive damage or loss of potentially significant fossils; A-16 however, the Project, with mitigation, would not have a considerable contribution to the cumulative impact. Furthermore, implementation of Mitigation Measure MM -CUL -4 would mitigate the Project's potential to disturb any human remains, including those interred outside of formal cemeteries, and the Project's contribution to cumulative impacts on human remains would not be cumulatively considerable. D. Geology, Soils and Seismicity 1. Impacts to soil erosion The Project has the potential to cause an impact on water quality or waste discharge upon construction and operation of developments within the project area. Construction could include grading and other earth moving activities exposing soils to erosion, which could lead to erosion and runoff. In addition, the incremental increase of development over the span of 20-30 years is likely to contribute to pollution such as motor oil or fertilizers being washed away during rainfall or when a street, walkway, or parkway surface is being cleaned. a) Findings Changes or alterations have been required in or incorporated into the Project including the mitigation measures described below, to ensure that the Project's potential impacts associated with soil erosion are less than significant. Mitigation: Implement Mitigation Measures MM -HYD -1 a and MM -HYD -lb. b) Facts in Support of Findings Construction activities associated with future development could disturb soils that are protected by vegetation or expose soils covered by asphalt or concrete, resulting in soil erosion and loss of topsoil. As detailed in MM -HYD -1 and MM -HYD -2, individual development projects occurring during Project implementation would be required to implement the construction best management practices (BMPs), as detailed in the Storm Water Pollution Prevention Plan (SWPPP) as required by the Construction General Permit under the National Pollution Discharge Elimination System Program for sites greater than one acre and each individual development project would be required to prepare a Water Quality Management Plan (WQMP) as required by the City. These mitigation measures will reduce soil impacts to less than significant. E. Hazards and Hazardous Materials 1. Construction activities occurring under the Project may occur on sites containing contamination, which could result in releases of hazardous materials A-1 7 As noted in the Program EIR, a number of sites within the Specific Plan area have been impacted by petroleum hydrocarbons from leaking underground storage tanks or other chemical constituents such as solvents associated with dry cleaning operations that could expose individuals to hazardous conditions resulting from exposure of contaminated soils or groundwater. Exposure of residents to underground hazardous wastes is considered a potentially significant impact. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below, to ensure that the Project's potential impacts associated with hazards and hazardous materials are less than significant. Mitigation Measure MM-HAZ-la: For individual development projects within the Project area, the applicant shall retain a qualified environmental consulting firm to conduct a Phase I Environmental Site Assessment in accordance with ASTM standard El 527-05 prior to building permit approval. Any recommendations made in the Phase I report as well as any remediation as required by the overseeing agency shall be completed prior to commencement of any construction activities. Mitigation Measure MM-HAZ-lb: Any subsurface materials exposed during construction activities that appear suspect of contamination, either from visual staining or suspect odors, shall require immediate cessation of excavation activities and notification of the Riverside County Department of Environmental Health. Soils suspected of contamination through visual observation or from observed odors, shall be segregated from other soils and placed on and covered by plastic sheeting and characterized for potential contamination in accordance with direction received from the County. If contamination is found to be present, any further proposed groundbreaking activities within areas of identified or suspected contamination shall cease and shall not resume until a site specific health and safety plan, prepared by a licensed professional and approved by Department of Environmental Health, has been completed and submitted to the City. Mitigation Measure MM-HAZ-lc: Any groundwater generated during construction dewatering shall be contained and profiled in accordance with Regional Water Quality Control Board (RWQCB) or Temecula Valley Regional Water Reclamation Facility requirements depending on whether water will be discharged to storm drains or sanitary sewers. Any water that does not meet permitted requirements by these two agencies shall be transported offsite for disposal at an appropriate facility, or treated, if necessary to meet applicable standards, prior to discharge in accordance with approval from the RWQCB or Temecula Valley Regional Water Reclamation Facility. A-18 b) Facts in Support of Findings Some of the listed sites in the Project area have been closed indicating that there is no longer any contamination at levels that could adversely affect human health or the environment. Investigations and remediation efforts are generally required by overseeing agencies such as the County's Hazardous Materials Program, RWQCB, and the DTSC, which establish cleanup levels according to existing or proposed uses. In general, soils contaminated from releases of petroleum hydrocarbons associated with underground storage tanks (USTs) are found in limited areas around the origin of release and do not migrate very far offsite. Further, implementation of Mitigation Measures MM-HAZ-1 a through MM-HAZ-1 c will reduce potential impacts related to hazardous materials to less than significant levels. F. Hydrology and Water Quality 1. Violate any water quality standards or waste discharge requirements Construction of the Project would require demolition of existing structures, pavement breaking, ditching, and excavation; these activities could expose and loosen building materials and sediment, which has the potential to mix with storm water runoff and degrade surface water quality. Furthermore, construction would require the use of heavy equipment and construction -related chemicals, such as concrete, cement, asphalt, fuels, oils, antifreeze, transmission fluid, grease, solvents and paints. These potentially harmful materials could be accidentally spilled or improperly disposed of during construction and could wash into and pollute surface waters or groundwater, which would result in a significant impact to water quality. In addition, chemicals used during the operation of the new commercial and residential structures could potentially discharge into surface waters either directly or during storm water runoff events, resulting in degradation of surface water quality. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below, to ensure that the Project's potential impacts to water quality associated with construction and operation is reduced to less than significant. Mitigation Measure MM -HYD -1: Development construction that disturbs one acre or more individually shall comply with the NPDES Construction General Permit regulations in effect at the time so as not to violate any water quality standards or waste discharge requirements. Compliance with the Construction General Permit would include filing of a Notice of Intent with the SWRCB and the preparation of a SWPPP incorporating construction BMPs for control of erosion and sedimentation contained in stormwater runoff. Development construction that disturbs less than one acre individually shall comply with the MS4 permit issued by the SDRWQCB in effect at the time so as not to A-1 9 violate any water quality standards or waste discharge requirements. Compliance with the MS4 permit for construction projects disturbing less than an acre would require the preparation of a construction BMP plan detailing erosion, sediment, and waste management control BMPs to be implemented throughout construction to be submitted and approved by the City of Temecula. Mitigation Measure MM -HYD -2: As a condition of approval, each future development project will be required to generate a project -specific Water Quality Management Plan (WQMP), as required by the City of Temecula Stormwater Ordinance and as specified in the City's Jurisdictional Runoff Management Plan, which will ensure that the project implements specific water quality features to meet the City's MS4 Permit and Stormwater Ordinance requirements. Potential BMPs required by the WQMP include non-structural, structural, source control and treatment control BMPs or a combination thereof. This WQMP shall be reviewed and approved by the City of Temecula prior to the issuance of a building or grading permit. b) Facts in Support of Findings Implementation of a SWPPP and water quality -related BMPs described in Mitigation Measure MM -HYD -1 and MM -HYD -2 would ensure that construction -related impacts on water quality, including potential harmful materials accidentally spilled or improperly disposed of during construction and could wash into and pollute surface waters or groundwater, would be less than significant. In addition, future developments will be required to generate a project -specific WQMP, which will reduce impacts to surface waters, either directly or during storm water runoff events, from the use of chemicals, to less than significant levels. 2. Impacts from Stormwater Runoff a) Findings Both construction and operation of the Project could result in impacts related to stormwater runoff. Construction of the proposed development within the Project area would require activities such as pavement breaking, ditching, and excavation, which could temporarily alter the existing site's ground surface and drainage patterns, which could result in significant impacts related to stormwater runoff. In addition, new development within the Project area and changes in the extent of permeable or impermeable surfaces would alter the direction and volume and rate of overland flows during both wet and dry periods and could result in increases in stormwater runoff. Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below, to ensure that the Project's potential impact associated with stormwater runoff is less than sienificant. A-20 Mitigation: Implement Mitigation Measure MM -HYD -1; and Mitigation Measure MM -HYD -3: As a condition of approval, each future development project will be required to generate a project -specific Drainage or Hydrology Study, as required by the City of Temecula Stormwater Ordinance and as specified in the City's Jurisdictional Runoff Management Plan, which will ensure that the project implements specific hydromodification features to meet the City's MS4 Permit and Stormwater Ordinance requirements. Potential hydromodification features identified may include detention or infiltration basins (i.e., intercept, store, infiltrate, evaporate, and evapotranspire). The project -specific Drainage or Hydrology Study shall be reviewed and approved by the City of Temecula prior to the issuance of a building or grading permit. b) Facts in Support of Findings Although construction and operation of the Project has the potential to have significant impacts associated with stormwater runoff, Mitigation Measures MM -HYD -1 and MM - HYD -3 would reduce impacts to less than significant. As part of Mitigation Measure MM -HYD -1, compliance with the NPDES Construction General Permit for construction disturbing greater than an acre and compliance with the MS4 permit in effect at the time of construction for construction disturbing less than an acre would minimize temporary increases in stormwater runoff per the implementation of BMPs. In addition, adherence to requirements found in the MS4 permit in effect at the time of construction, as outlined in MM -HYD -3, would ensure no substantial increases in stormwater runoff occur during operation of the Project. Impacts would be less than significant with mitigation. 3. Drainage System Capacity Related to Construction and Operation. a) Findings Construction of the proposed development within the Project area would require activities such as pavement breaking, ditching, and excavation, which could temporarily alter the existing site's ground surface and drainage patterns, which could result in significant impacts related to stormwater runoff that exceed the capacity of the existing drainage system. In addition, new development within the Project area and changes in the extent of permeable or impermeable surfaces would alter the direction, volume and rate of overland flows during both wet and dry periods and could result in increases in stormwater runoff that exceed the capacity of the existing drainage system. Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below, to ensure that the Project's potential impacts related to drainage system capacity are less than significant. Mitigation: Implement Mitigation Measure MM -HYD -1 and Mitigation Measure MM -HYD -3. A-21 b) Facts in Support of Findings As part of Mitigation Measure MM -HYD -1, compliance with the NPDES Construction General Permit for construction disturbing greater than an acre and compliance with the MS4 permit in effect at the time of construction for construction disturbing less than an acre would minimize temporary increases in stormwater runoff per the implementation of BMPs. As a result, construction activities would not result in runoff that would exceed the capacity of the adjacent existing drainage system capacity. In addition, as part of Mitigation Measure MM -HYD -3, each future development project will be required to generate a project -specific Drainage or Hydrology Study, as required by the City of Temecula Stormwater Ordinance and as specified in the City's Jurisdictional Runoff Management Plan. Adherence to requirements found in the MS4 peiutit in effect at the time of construction, as outlined in Mitigation Measure MM -HYD - 3, would ensure no substantial increases in stormwater runoff would occur such that the existing capacity of storm water drainage systems would not be exceeded. Impacts would be less than significant with mitigation. G. Noise and Vibration (operations) 1. Operational Noise New development within the Project area may introduce noise levels that could exceed the City's exterior noise standards at existing properties that are located adjacent to and/or near the new development sites. Specifically, new development within the Project area could expose nearby sensitive receptors to noise levels exceeding 5 dBA over ambient levels due to operation of heating, ventilating, and air conditioning (HVAC) equipment. a) Findings Changes or alterations have been required in or incorporated into the Project, including the following mitigation measures that reduce the potential noise impacts to sensitive receptors to less than significant. Mitigation Measure MM-NOI-3: For project -specific development, the applicant shall provide evidence to the City that operational noise levels generated by the development would not exceed the City's permissible exterior noise standards. If City noise standards would be exceeded, design measures shall be taken to ensure that operational noise levels would be reduced to levels that comply with the permissible City noise standards. These measures may include, but are not limited to, the erection of noise walls, use of landscaping, and/or the design of adequate setback distances for the new developments. Mitigation Measure MM-NOI-4a: Individual development projects shall minimize noise impacts from mechanical equipment, such as ventilation and air conditioning units, A-22 by locating equipment away from receptor areas, installing proper acoustical shielding for the equipment, and incorporating the use of parapets into building design to ensure that noise levels do not exceed the ambient noise level on the premises of existing development by more than five decibels. Mitigation Measure MM-NOI-4b: Prior to City approval of a residential development project within the Project area, the applicant shall provide documentation to the City that all exterior windows associated with a proposed residential development will be constructed to provide a sufficient amount of sound insulation to ensure that interior noise levels would be below an Ldn or CNEL of 45 dB in any habitable room. b) Facts in Support of Findings Under the Project, new land uses that would occur in the Project area include residential, commercial, office, and mixed-use developments. These new developments may introduce noise levels that could exceed the City's exterior noise standards at existing properties that are located adjacent to and/or near the new development sites. However, for project -specific development, the applicant shall provide evidence to the City that operational noise levels generated by the development would not exceed the City's permissible exterior noise standards and implement measures to reduce noise levels, per Mitigation Measure MM-NOI-3. In addition, to ensure that the nearby noise -sensitive uses to the Project site would not be adversely affected by any HVAC equipment noise, Mitigation Measure MM-NOI-4a would be implemented, which prohibits noise from HVAC equipment from exceeding the ambient noise level on the premises of other occupied properties by more than 5 dBA. In order to ensure that the future residents in the Project area would not be adversely affected by operational noise associated with mechanical equipment from adjacent properties, Mitigation Measure MM-NOI-4b would be implemented to ensure that all exterior windows associated with the proposed residential uses would be constructed such that sufficient sound insulation is provided to ensure that interior noise levels would be below a Ld„ or CNEL of 45 dBA in any residential unit. H. Noise/Land Use Compatibility With changes in the community noise environment in the Project area over the course of the Project's buildout period, the new development projects proposed in the Project area may not meet the applicable noise/land use compatibility noise standards established by the City. a) Findings Changes or alterations, including the mitigation measure described below, have been required in or incorporated into the Project that ensure land use compatibility impacts are reduced to less than significant. A-23 Mitigation Measure MM-NOI-5: Prior to City approval of a project -specific development within the Project area, the applicant shall provide evidence to the City that the City's noise/land use compatibility standards are met for the land use being developed. Measures that can be taken to ensure compliance with the City's noise/land use compatibility standards include, but are not limited to, the erection of noise walls, use of landscaping, use of window insulation (double -paned glazing), and/or, where applicable, the design of adequate setback distances. b) Facts in Support of Findings Implementation of Mitigation Measure MM-NOI-5 would require all future development associated with the Project to be considered on a case-by-case basis to ascertain whether an individual development would violate the City's noise/land use compatibility standards and, where necessary, implement measures to ensure compliance with the City's standards. Therefore, with implementation of this mitigation measure, this impact would be reduced to a less -than -significant level. I. Transportation and Traffic 1. Impacts on Circulation System from Existing (2013) Plus Project Traffic Conditions The Project would result in significant impacts at the following intersections under the Existing (2013) Plus Project Conditions: • Ynez Road & Winchester Road Nicholas Road & Winchester Road a) Findings Changes or alterations, including the mitigation measure described below, have been required in or incorporated into the Project that reduce traffic impacts under the Existing (2013) Plus Project Conditions to less than significant. Mitigation Measure MM -TRA -1: The City shall monitor the performance of the intersections listed below on an on-going basis and ensure that signal timing optimization occurs at these intersections prior to or concurrent with Project -related development that would increase the AM peak -hour delay by more than two seconds. • Ynez Road & Winchester Road — AM peak hour (Project's fair -share contribution for this mitigation measure is 10 percent) • Nicholas Road & Winchester Road — AM peak hour (Project's fair -share contribution for this mitigation measure is 5 percent) A-24 Prior to the issuance of the initial building permit for each project -specific development within the Project area, the applicant shall pay its fair share, as determined by the City, toward the signal timing optimization for the intersections listed herein. b) Facts in Support of Findings After implementation of Mitigation Measure MM -TRA -1, the intersection at Ynez Road & Winchester Road would operate at an acceptable LOS D (delay = 37.1 seconds). The intersection at Nicholas Road & Winchester Road would operate at LOS E with delay improved to 55.8 seconds (i.e., better than under existing conditions). Impacts would be less than significant. 2. Impacts on Circulation System under Future Year (2035) Plus Project Conditions. The Project would result in significant impacts at the following intersections under Future Year (2035) Plus Project conditions: • Jefferson Avenue at Cherry Street/Proposed French Valley Parkway — AM peak hour • Winchester Road at Murrieta Hot Springs Road — AM peak hour • Old Town Front Street and Temecula Parkway — AM peak hour a) Findings Changes or alterations, including the mitigation measure described below, have been required in or incorporated into the Project that reduce traffic impacts under the Future Year (2035) Plus Project Conditions to less than significant. Mitigation Measure MM -TRA -2: The City shall monitor the performance of the intersections listed below on an on-going basis and ensure that the following improvements occur at these intersections prior to or concurrent with Project -related development that would increase the AM peak -hour delay by more than two seconds. • At the intersection of Jefferson Avenue at Cherry Street / Proposed French Valley Parkway, the westbound approach lane shall be re -configured from one left turn lane, two through lanes, and a shared through -right turn lane to two left turn lanes, one through lane and one shared lane (Project's fair -share contribution is 10 percent). • At the intersection of Winchester Road and Murrieta Hot Springs Road, add a right - turn overlap traffic signal phase to the southbound direction (Project's fair -share contribution is 5 percent). • At Old Town Front Street and Temecula Parkway, add an exclusive right -turn lane to the northbound direction (Project's fair -share contribution is 5 percent). A-25 b) Facts in Support of Findings Prior to the issuance of the initial building permit for each project -specific development within the Project area, the applicant shall pay its fair share, as determined by the City, toward the improvements for the intersections listed herein. In addition, after implementation of Mitigation Measure MM -TRA -2, operations during the AM peak hour at the intersection of Jefferson Avenue at Cherry Street/Proposed French Valley Parkway would improve to an acceptable LOS C (delay = 31.4 seconds). The intersection at Winchester Road and Murrieta Hot Springs Road would continue to operate at an unacceptable LOS F during the AM peak hour; however, delay would improve to 92.6 seconds, which is better than pre -project conditions. Finally, AM peak hour operations at Old Town Front Street and Temecula Parkway would improve to LOS E (delay = 61.7 seconds), which while an unacceptable service level, would be better than pre -project conditions. Therefore, impacts would be less than significant. J. Utilities and Water Supply Assessment 1. Water and Wastewater Treatment Facilities Expansion and Capacity Buildout of the Project would result in the need for larger diameter or parallel sewer lines for three lengths of sewer pipe within the Project area, and the need to increase the capacity of the Temecula Valley RWRF to handle an additional 0.8 mgd of wastewater flow; the construction of which could result in significant environmental effects. a) Findings Changes or alterations, including the mitigation measures described below, have been required in or incorporated into the Project that reduce impacts related to treatment facility expansion and capacity to less than significant. Mitigation Measure MM-UTL-la: Prior to the issuance of construction permits for a project -specific development within the Project area, the project applicant shall pay its fair share of Eastern Municipal Water District mitigation fees to upsize the impacted sewer pipelines at Jefferson Avenue, via Montezuma and Del Rio Road. Mitigation Measure MM-UTL-lb: Prior to the issuance of construction permits for a project -specific development within the Project area, the project applicant shall pay Eastern Municipal Water District's then in effect Financial Participation Charge associated with obtaining sewer service. b) Facts in Support of Findings The additional wastewater flow need for implementation of the Project would necessitate a future capacity expansion which would result in the construction of new wastewater A26 treatment facilities or expansion of existing facilities, which would be significant impacts. However, payment of mitigation fees and other fees to the Eastern Municipal Water District as described in Mitigation Measures MM-UTL-la and MM-UTL-lb would reduce the potential impacts to less than significant. 2. Impacts to Stormwater Drainage Facilities Buildout of the Project would result in the need for the construction of new storm water drainage facilities or expansion of existing facilities; the construction of which could result in significant environmental effects. a) Findings Changes or alterations, including the mitigation measures described below, have been required in or incorporated into the Project that reduce impacts to stormwater drainage facilities to less than significant. Mitigation: Implement Mitigation Measure MM -HYD -2 and MM HYD -3 b) Facts in Support of Findings As a part of the WQMP implemented by Mitigation Measure MM -HYD -2, the Project would be required to incorporate low impact development (LID) best management practices (BMPs) into Project design, which include measures to reduce increases in runoff through hydromodification and infiltration protection. In addition, adherence to requirements found in the MS4 permit in effect at the time of construction, would ensure no substantial increases in on-site or off-site storm water runoff would occur and cause significant environmental effects. Lastly, Mitigation Measure MM -HYD -3 would minimize potential permanent increases in stormwater runoff during operation of the development. With the incorporation of Mitigation MM -HYD -2 and MM -HYD -3, impacts to stormwater drainage facilities will be less than significant. VI.Environmental Effects that Remain Significant and Unavoidable After Mitigation In the environmental areas of air quality, noise and cultural resources, there are instances where potential environmental impacts would remain significant and unavoidable, as discussed below. A. Air Quality (Construction and Operations) 1. Violation of Air Quality Standards — Construction Construction activities associated with implementation of the Project would violate air quality standards related to ROG and NOx emissions and would result in significant air quality impacts at the Program EIR level. A-27 a) Findings Specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the Program EIR. Changes or alterations have been required in, or incorporated into the Project that avoid or substantially lessen the potential significant environmental effect as identified in the Program EIR. Although the following Mitigation Measures will be implemented to lessen the short term air quality impacts, none were identified that could reduce the impacts to below the level of significance and therefore impacts still will remain potentially significant. Mitigation Measure MM -AIR -la: Future project -level development shall incorporate the following mitigation measures to minimize emissions of NOx associated with construction activities for the Project: • Construction activities shall require the use of 2010 and newer diesel haul trucks (e.g., material delivery trucks and soil import/export) to the extent feasible.2 Under conditions where it is determined that 2010 model year or newer diesel trucks are not readily available or obtainable for a project, the applicant shall be required to provide this evidence to the City and shall instead use trucks that meet USEPA 2007 model year NOx emissions requirements.3 • Off-road diesel -powered construction equipment greater than 50 horsepower (hp) shall meet USEPA Tier III off-road emissions standards. In addition, construction equipment shall be outfitted with BACT devices certified by CARB. A copy of each unit's certified tier specification, BACT documentation, and CARB or SCAQMD operating permit shall be provided at the time of mobilization of each applicable unit of equipment. Under conditions where a newer or alternative technology becomes available in the future that would result in either equivalent or larger reductions in NOx emissions than the use of tiered construction equipment, that technology shall be applied. Where alternatives to USEPA Tier III equipment are chosen for a project, the applicant shall be required to show evidence to the City that comparable NOx emissions reductions that are no less than what could be achieved by a Level 3 diesel 2 CARB's On -Road Heavy -Duty Diesel Vehicle (In -Use) Regulation requires the phase-in of 2010 model year engines or equivalent by January 1, 2023. Under this regulation, PM and NOx emissions are projected to be reduced by approximately 3 tons per day and 88 tons per day, respectively, in 2023. Whereas trucks that meet 2007 model year NOx emissions requirements are estimated to reduce NOx emissions by at least 40 percent in engines that are certified to the 2004 through 2006 model year heavy-duty diesel engine emissions standard, trucks that meet 2010 model year NOx emissions requirements are estimated to reduce NOx emissions by at least 85 percent in engines that are certified to the 2004 through 2006 model year heavy-duty diesel engine emissions standard. 3 As the 2010 model year engines or equivalent would be gradually phased in over time in California, these engines may not always be readily available for the construction activities associated with the Project. As such, under these circumstances the USEPA 2007 model year NOx emissions standards, which were scheduled to be phased -in for heavy-duty highway engines between 2007 and 2010, would be used instead. A-28 emissions control strategy for a similarly sized engine as defined by CARB regulations would be achieved. • After January 1, 2015, off-road diesel -powered construction equipment greater than 50 hp shall meet the Tier IV emission standards, where available. Under conditions where it is determined that equipment meeting Tier IV emission standards are not readily available or obtainable for a project, the applicant shall be required to provide this evidence to the City and shall instead use USEPA Tier III equipment. In addition, construction equipment shall be outfitted with BACT devices certified by CARB. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations. A copy of each unit's certified tier specification, BACT documentation, and CARB or SCAQMD operating permit shall be provided at the time of mobilization of each applicable unit of equipment. Mitigation Measure MM -AIR -lb: Future project -level development shall incorporate the following in the construction specifications of a development project: • Require that construction -related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than five minutes. • Require that construction operations rely on the electricity infrastructure surrounding the construction site rather than electrical generators powered by internal combustion engines to the extent feasible. Mitigation Measure MM -AIR -lc: Future project -level development shall document project construction emissions prior to City approval of a project. If it is shown that a development would generate construction -related VOC emissions exceeding SCAQMD's threshold, the architectural coatings phase for that project shall use coatings and solvents with a VOC content lower than that required under SCAQMD Rule 1113. Mitigation Measure MM-AIR-ld: The City shall encourage all construction contractors to apply for SCAQMD "SOON" funds, which provides funds to accelerate clean-up of off-road diesel vehicles such as heavy-duty construction equipment. b) Facts in Support of Findings The Program EIR analysis of the Project determined that under an estimated worst-case construction scenario, implementation of the Project would result in significant air quality impacts associated with ROG and NOx emissions. Additionally, under potential conditions where one or more of the construction phases shown in EIR Table 3.2-6 overlap, these pollutant emissions could be even higher. While implementation of A-29 Mitigation Measures MM -AIR -la through MM -AIR -1 d would reduce the emissions of ROG and NOx that are analyzed for the worst-case construction scenario evaluated in the Program EIR, these emissions would not be reduced to below SCAQMD's thresholds for the two respective criteria pollutants. Therefore, for the analysis of the Project's worst- case scenario, impacts from construction ROG and NOx emissions would be significant and unavoidable. 2. Violation of Air Quality Standards — Operations Operational activities associated with implementation of the Project would violate air quality standards related to ROG emissions and would result in significant air quality impacts at this program level. a) Findings As the regulation of ROG emissions from consumer products is beyond the City's control, no feasible mitigation is currently available to reduce the amount of ROG emissions generated under the Project to the extent that these emissions would be below the SCAQMD's recommended threshold; thus, this impact remains significant and unavoidable. b) Facts in Support of Findings When the operational ROG emissions of the Project are compared to that of the existing land uses, the primary emissions source contributing to the net increase in ROG emissions is associated with area sources, which include emissions generated from architectural coatings (reapplication of coatings on structures over time), consumer products, natural gas fireplaces/stoves, and landscaping. Amongst these area sources, the majority (75 percent) of the estimated ROG emissions generated by the Project were associated with the use of consumer products by the new residents in the Project area.4 The estimated net daily emissions of ROG during operation of the new land uses associated with the Project would exceed the SCAQMD's regional significance threshold. As the regulation of ROG emissions from consumer products is beyond the City's control, no feasible mitigation is currently available to reduce the amount of ROG emissions generated under the Project to the extent that these emissions would be below the SCAQMD's recommended threshold. Thus, this impact would be significant and unavoidable. 3. Cumulative Impacts to Air Quality Consumer products are defined in Ca1EEMod to be chemically formulated products used by household consumers that include, but is not limited to, detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialty products. A-30 As the Basin is currently classified as a state non -attainment area for ozone, NO2, PM10, and PM2.5, cumulative development consisting of the Project along with other reasonably foreseeable future projects in the Basin as a whole could violate an air quality standard or contribute to an existing or projected air quality violation. This is considered to be a significant cumulative impact. With respect to the Project's contribution to this cumulative impact, according to the SCAQMD individual construction projects that exceed the SCAQMD recommended daily thresholds for project -specific impacts would cause a cumulatively considerable increase in emissions for those pollutants for which the Basin is in non -attainment under an applicable federal or state ambient air quality standard. As the Project's construction -related ROG and NOx emissions (both of which are ozone precursors) and operational ROG emissions would exceed the SCAQMD's recommended daily thresholds, the Project would contribute to a cumulative air quality impact with respect to ozone and NO2.5 a) Findings Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Program EIR. Changes or alterations have been required in or incorporated into the Project that avoid or substantially lessen the potential significant environmental effects as identified in the Program EIR. The following Mitigation Measures listed below will be implemented to lessen construction and long term operational air quality impacts; however, no mitigation measures were identified that could reduce the impacts to below the level of significance, and therefore impacts will remain potentially significant. Mitigation Measures: Implementation of Mitigation Measures MM -AIR -1 a and MM - AIR -lb from Section 3.2, Air Quality, would reduce construction emissions of ROG and NOx associated with the worst-case construction scenario analyzed for the Project; however, not to below a level of significance. b) Facts in Support of Findings The Program EIR shows that the worst-case daily construction emissions associated with the Project would exceed the SCAQMD's construction thresholds for ROG and NOx (ozone precursors). Therefore, the Project would exceed SCAQMD's respective thresholds during construction for pollutants for which the Basin is in non -attainment (i.e., ozone and NO2). The Project's pollutant emissions would, in conjunction with other 5 It should be noted that because the Basin in currently a non -attainment area for ozone and NO2, and both ROG and NOx emissions are ozone precursors (i.e., ozone is created by sunlight acting on ROG and NOx in the air), the exceedance of SCAQMD's recommended daily thresholds for these pollutants by the Project would result in a significant contribution to cumulative air quality impacts. A-31 past, current, and probable future projects, be cumulatively considerable and cumulative impacts would be significant and unavoidable. With respect to Project operations, with the exception of ROG emissions, the total net operational emissions associated with the Project would not exceed the SCAQMD's thresholds for NOx, CO, SOx, PM10, and PM2.5. With respect to the Project's operational emissions of NOx, CO, SOx, PM10, and PM2.5, these pollutant emissions would not be cumulatively considerable and cumulative impacts would be less than significant. However, as the net operational ROG emissions associated with the Project would exceed the SCAQMD's operational threshold, the Project's ROG emissions, which are ozone precursors, would be cumulatively considerable and cumulative impacts would be significant and unavoidable. B. Cultural Resources 1. Direct Impacts to Cultural Resources (Historic) Construction activities associated with implementation of the Project could cause a substantial adverse change in the significance of a historic resource as defined in CEQA Guidelines Section 15064.5, including the Gonzalez Adobe and other structures that are 50 years or older. a) Findings Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Program EIR. Changes or alterations have been required in or incorporated into the Project that avoid or substantially lessen the potential significant environmental effects as identified in the Program EIR. The following Mitigation Measure listed below will be implemented to lessen impacts to historic resources; however, none were identified that could reduce the impacts,to the built historic features below the level of significance, and therefore impacts to these resources will remain potentially significant. Mitigation Measure MM -CUL -2: Project -level development involving ground disturbance and containing structures 50 years old or older shall be subject to a historic built environment survey, and potentially historic structures shall be evaluated for their potential historic significance, prior to the City's approval of project plans. The survey shall be carried out by a qualified historian or architectural historian meeting the Secretary of the Interior's Standards for Architectural History. If potentially significant resources are encountered during the survey, demolition or substantial alteration of such resources identified shall be avoided. If avoidance of identified historic resources is deemed infeasible, the City shall require the preparation of a treatment plan to include, but not limited to, photo -documentation and public interpretation of the resource. The plan will he submitted to the City for rPviPw nnrl nnnrrIvn1 prior to imnlpmPntntinn A-32 b) Facts in Support of Findings Surveys of structures 50 years of age or older have not been done and the details of any treatment plan are unknown; therefore, it is possible that the treatment plan may be insufficient to reduce the impacts of the loss of a historic resource to a less -than - significant level. As such, the impact would remain significant and unavoidable after implementation of MM -CUL -2, at a program EIR level analysis. 2. Cumulative Impacts to Cultural Resources (Historic) Cumulative impacts to cultural resources in this area could occur if any other existing or proposed projects, in conjunction with the Project, had or would have impacts on cultural resources that, when considered together, would be cumulatively significant. a) Findings Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Program EIR. Changes or alterations have been required in or incorporated into the Project that avoid or substantially lessen the potential significant environmental effects as identified in the Program EIR. The following Mitigation Measure listed below will be implemented to lessen cumulative impacts to historic resources; however, none were identified that could reduce the impacts to built historic features below the level of significance, and therefore cumulative impacts to these resources will remain potentially significant. Mitigation Measures: MM -CUL -2. b) Facts in Support of Findings The potential construction impacts of the Project, in combination with other projects in the area, could contribute to a cumulatively significant impact on built historical resources. Mitigation Measure MM -CUL -2 has been developed in order to reduce impacts to built historic resources. However, MM -CUL -2 may not reduce the impacts of the loss of a historic resource to a less -than -significant level and this impact would remain significant and unavoidable. Therefore, the Project's cumulative effects to historic built resources, in conjunction with other past, current, and probable future projects, would be cumulatively considerable and cumulative impacts would be significant and unavoidable. C. Noise and Vibration (Construction) Construction activities occurring at each individual development site in the Project area would potentially expose their respective adjacent or nearby receptor(s) to substantial increases in ambient noise levels. A-33 a) Findings Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Program EIR. Although mitigation measures were evaluated for their ability to eliminate the potential significant adverse impacts upon cumulative air quality impacts, none were identified that could reduce the impacts to below the level of significance. Mitigation Measure MM-NOI-la: Prior to the issuance any grading or building permits for project -specific development, the applicant shall provide evidence to the City that the development will not exceed the City's exterior noise standards for construction (see Table 3.10-5). If it is determined that City noise standards for construction activities would be exceeded, the applicant shall submit a construction -related exception request to the City Manager at least one week in advance of the project's scheduled construction activities, along with the appropriate inspection fee(s), to ensure that the project's construction noise levels would be granted an exception from the noise standards set forth in Section 9.20.040 of the City of Temecula Municipal Code. If a construction - related exception request is denied by the City, design measures shall be taken to reduce the construction noise levels to the maximum extent feasible to achieve compliance with the City's construction noise standards. These measures may include, but are not limited to, the erection of noise barriers/curtains, use of advanced or state-of-the-art mufflers on construction equipment, and/or reduction in the amount of equipment that would operate concurrently at the development site. Mitigation Measure MM-NOI-lb: Project -specific development located within the Project area shall: • Ensure that noise and groundborne vibration construction activities whose specific location on a construction site may be flexible (e.g., operation of compressors and generators, cement mixing, general truck idling) shall be conducted as far as possible from the nearest noise and vibration -sensitive land uses. ▪ Ensure that the use of construction equipment or construction methods with the greatest peak noise generation potential will be minimized Examples include the use of drills and jackhammers. When impact tools (e.g., jack hammers, pavement breakers, and caisson drills) are necessary, they shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools. Where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used; this muffler can lower noise levels from the exhaust by up to about 10 dBA. External jackets on the tools themselves shall be used where feasible; this could achieve a reduction of 5 dBA. Quieter procedures, such as use of drills rather than impact tools, shall be used whenever feasible. A-34 • Locate stationary construction noise sources away from adjacent receptors and muffled and enclosed within temporary sheds, incorporate insulation barriers, or other measures to the extent feasible. • Ensure that all construction truck traffic is restricted to routes approved by the City of Temecula, which shall avoid residential areas and other sensitive receptors, to the extent feasible. • Designate a construction relations officer to serve as a liaison with surrounding residents and property owners who is responsible for responding to address any concerns regarding construction noise and vibration. The liaison's telephone number(s) shall be prominently displayed at construction locations. • Hold a preconstruction meeting with the City's job inspectors and the general contractor or onsite project manager to confirm that noise and vibration mitigation and practices (including construction hours, sound buffers, neighborhood notification, posted signs, etc.) are implemented. b) Facts in Support of Findings • As described in the Program EIR, it is anticipated that the City, through the environmental review process, will consider all future developments associated with the Project on a case-by-case basis to ascertain whether an individual development would generate a substantial temporary or periodic increase in ambient noise levels on its surrounding off-site uses. However, for the purposes of this EIR, it is assumed that there would likely be future developments associated with the Project that would be located in close enough proximity to existing land uses such that the construction noise levels generated would result in a substantial temporary increase in ambient noise levels at those existing land uses. As such, Mitigation Measure MM-NOI-lb which would require the implementation of noise reduction devices and techniques during construction activities for the new developments occurring under the Project would be implemented to reduce the construction -related noise levels at nearby receptors to the maximum extent feasible. Nonetheless, under circumstances where future construction sites within the Project area are located immediately adjacent to existing land uses, the noise impacts related to a substantial temporary or periodic increase in ambient noise levels above levels existing without the proposed project would remain significant. Although mitigation measures would reduce the Project's construction noise levels to the maximum extent feasible, it is anticipated that the nearest existing land uses to each of the proposed developments in the Project area would continue to experience a substantial temporary or periodic increase in ambient noise levels during construction activities. Therefore, the Project's construction noise would be a temporary significant and unavoidable impact on the nearby existing land uses. A-35 VII. Project Alternatives A. Alternatives Considered But Rejected in the Program EIR An EIR must briefly describe the rationale for selection and rejection of alternatives. The Lead Agency may make an initial determination as to which alternatives are potentially feasible and, therefore, merit in-depth consideration, and which are clearly infeasible. Alternatives that are remote or speculative, or the effects of which cannot be reasonably predicted, need not be considered (CEQA Guidelines, Section 15126.6(0(3)). An alternative site or location for the project need not be considered when its implementation is "remote and speculative" such as the site being out of the purview of the lead agency or beyond the control of a project. applicant. Alternative sites were not selected for evaluation. The CEQA Guidelines Section 15126.6(0(2) specifies that the key question with alternative sites is "whether any of the significant effects of the project would be avoided or substantially lessened by putting the project at another location." The Project would involve adoption of a Specific Plan with the intent of revitalizing this particular location in the City and taking advantage of its attributes, including the opportunity to create a high-density urban environment and its proximity to major transportation routes. Therefore, it would not be feasible to consider other site locations for this Project. The Program EIR analyzed three other project alternatives. These three alternatives were considered but ultimately found not to meet the project's objectives as for the various reasons stated below. B. Alternatives Considered in the Program EIR 1. Alternative One — No Project/Existing General Plan a) Summary of Alternative This alternative is analyzed within this program -level EIR as it is required under CEQA Guidelines Section 15126.6(e). According to Section 15126.6(e)(2) of the CEQA Guidelines, the "no project" analysis shall discuss, "...what is reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services." When the project is the revision of an existing land use policy, CEQA Guidelines § 15126.6(e)(3)(A) states that "the No Project Alternative will be the continuation of the existing plan...into the future." So, for the purposes of this EIR, the No Project Alternative represents development under the currently adopted General Plan as further described below. This alternative, however, does not represent a "no build" scenario in which no future development or redevelopment would occur. The No Project/Existing General Plan Alternative assumes that the Uptown Jefferson Specific Plan would not be adopted and implemented. Instead, the planning area would be developed according to the existing 2005 General Plan land use map, zoning, and A-36 development patterns. With buildout of the existing General Plan, total development in the Project area would amount to approximately 4.7 million square feet, representing an increase of approximately 933,708 square feet over existing conditions, including approximately 1,043,479 square feet of Community Commercial uses; 711,944 square feet of Highway Tourist Commercial uses; 1,773,719 square feet of Service Commercial uses; 1,192,150 square feet of Industrial Park uses; and 12,414 square feet of Public Institutional uses. b) Reasons for Rejecting Alternative The No Project/Existing General Plan Alternative would result in greater impacts to greenhouse gas emissions, land use, noise, and traffic impacts than the proposed project due to the number of vehicle trips associated with the substantial development allowed under the No Project/General Plan Alternative. In addition, this Alternative would not emphasize the mixed use development promoted by the proposed Project, and therefore would not reduce dependence on vehicles. Finally, this Alternative would not meet the project's primary objective of updating the existing Uptown Jefferson Specific Plan. For all of these reasons, the City Council rejects this alternative as infeasible. 2. Alternative Two — Reduced Project Alternative a) Summary of Alternative Under this alternative, the total development would be reduced by 25 percent, which would result in a buildout of approximately 1.3 million square feet of commercial uses (as opposed to the 1.7 million square feet that would occur under the Project), approximately 2,795 dwelling units, and 236 hotel rooms. This alternative would include the same proposed Districts, including Uptown Center District, Uptown Hotel/Tourism District, Uptown Sports District, Uptown Arts District (with the Wilder Hills -Residential Overlay), Creekside Village District (with the Creekside Village -Commercial Overlay), and Murrieta Creek Recreation and Open Space District. Under this alternative, these districts would contain the same provisions related to density and building heights. b) Reasons for Rejecting Alternative As a result of the reduced amount of development under Alternative 2, there would be fewer trips generated per day and thus a reduction in several impacts such as noise, air quality, and traffic impacts within the Specific Plan area. In addition, since the overall development would be reduced, there would be reduced impacts to aesthetics, population and housing, public services, as well as utilities and water supplies. Alternative 2 would achieve the proposed project objectives by creating a vibrant locale by providing a mix of land uses including housing, commercial/retail, office, higher education institutions, hotels and other tourist -oriented uses, cultural uses, and open space and recreational opportunities; strengthening opportunities for economic development in the Specific Plan A-37 area by building upon existing assets as well as encouraging new public and private investment in the area that attracts high -wage, quality employment opportunities and higher education facilities; establishing a distinct identity for the Specific Plan area by beautifying Jefferson Avenue and making it "Temecula's Great Street," identifying and establishing interrelated, compatible districts and neighborhoods with their own unique identities; developing a signage strategy for wayfinding, neighborhood/district identification, and gateway monumentation that emphasizes the distinct character of the area's location, natural setting, and built environment; creating a form -based code to guide future development that allows greater density, increased building heights, design standards for architecture, street character and public realms, and flexible urban parking standards and establishing an efficient and interconnected multi -modal mobility network through circulation and transit improvements. However, Alternative 2 would not provide the most efficient use of the Specific Plan area and would therefore, not fully attain the economic potential of the project site because the allowable development for the project would be reduced by 25 percent, reducing the potential of the project's viability. Therefore, Alternative 2 would not fully achieve all of the project objectives. For this reason, the City Council rejects this alternative as infeasible. 3. Alternative Three — Reduced Residential/Increased Commercial Alternative a) Summary of Alternative Under this alternative, allowable floor area ratios (FARs) would be adjusted in order to decrease the total amount of residential space that would be constructed and to increase the total amount of commercial square footage that could be developed. Commercial square footage would be increased by 3 million square feet; resulting in a buildout potential of approximately 4.7 million square feet of commercial uses (as compared to the 1.7 million square feet anticipated for the Project). Residential development would also be reduced by approximately 40 percent, which would result in approximately 2,176 dwelling units (as compared to the potential 3,726 that would occur under the Project). This alternative would include the same proposed Districts, including Uptown Center District, Uptown Hotel/Tourism District, Uptown Sports District, Uptown Arts District (with the Wilder Hills -Residential Overlay), Creekside Village District (with the Creekside Village -Commercial Overlay), and Murrieta Creek Recreation and Open Space District. b) Reasons for Rejecting Alternative Due to the increased commercial development (as compared to the proposed Project) and the increased vehicle trips associated therewith, Alternative 3 would result in increased adverse air quality, noise, and traffic impacts. In addition, this alternative would not emphasize a mixed-use environment in which residents would benefit from nearby shopping and employment opportunities nearly as much as the proposed Project, and A-38 therefore this alternative would result in greater greenhouse gas emission and climate change impacts than the proposed Project. Although Alternative 3 would achieve most project objectives and would promote economic activity within the City because commercial development would be emphasized over residential development, Alternative 3 would reduce residential development by 40 percent decreasing encouragement of developing an increased number of high-quality residential neighborhoods compared to either the existing Specific Plan or the proposed project. Therefore, Alternative 3 would not achieve all of the project objectives as well as the proposed project, and would have greater adverse impacts. Therefore, the City Council rejects this alternative as infeasible. C. Environmentally Superior Alternative The CEQA Guidelines, Section 15126.6(e)(2), requires the identification of the environmentally superior alternative. While none of the alternatives would reduce the significant and unavoidable impacts related to cultural resources and construction noise, the environmentally superior alternative would be Alternative 2, the Reduced Project Alternative, as it would have potentially fewer environmental impacts to air quality, GHG, land use and planning, operational noise, and transportation and traffic as compared to the Project and the other alternatives. Alternative 2 also would meet all of the Project objectives. A summary of the potential impacts associated with the alternatives as compared to the Project is provided in,EIR Table 5-5 below. TABLE 5-5: SUMMARY COMPARISON OF PROJECT ALTERNATIVE IMPACTSa Potential Project Impacts Alt. 1: No Project Alternative (No Development) Alt. 2: Reduced Project Alternative AIt.3: Reduced Residential/increased Commercial Uses Alternative Aesthetics Reduced Reduced Reduced Reduced Air Quality Reduced Increased Biological Resources Similar Similar Similar Cultural Resources Similar Similar Similar Geology, Soils, and Seismicity Similar Similar Similar Greenhouse Gas Emissions and Climate Change Increased Reduced Increased Hazards and Hazardous Materials Similar Similar Similar Hydrology and Water Quality Reduced Similar Similar Land Use and Planning Increased Similar Similar A-39 Noise and Vibration Increased Reduced Increased Population and Housing Reduced Reduced Reduced Public Services Similar Reduced Reduced Transportation and Traffic Increased Reduced Increased Utilities and Water Supply Assessment Reduced Reduced Reduced a Definitions: • Increased = impacts of alternative greater than Project's impacts • Similar = impacts of alternative similar to Project's impacts • Reduced = impacts of alternative less than Project's impacts SOURCE: Environmental Science Associates, 2013. D. The Project As Proposed 1. Summary of Project The Project involves adoption of the Uptown Jefferson Specific Plan and is described in detail in the Program EIR. 2. Reasons for Selecting Project as Proposed The City Council has carefully reviewed the attributes and environmental impacts of all the alternatives analyzed in the Final Program EIR and has compared them with those of the proposed Project. The City Council finds that each of the alternatives is infeasible for various environmental, economic, technical, social, or other reasons set forth above. The City Council further finds that the Project as proposed is the best combination of features to serve the interest of the public and achieve the project goals. More specifically, the Project as proposed strikes a proper balance between commercial development that focuses on economic activity, and high-quality residential development that emphasizes a mixed-use environment in which residents benefit from nearby shopping and employment opportunities. This proposed Uptown Jefferson Specific Plan recognizes the need for economic activity and growth in the City but also promotes sound environmental policies due to the reduced reliance on vehicle trips (stemming from mixed use development) and proximity to public transportation. For all of these reasons, the City Council selects the Project as proposed. A-40 EXHIBIT B Statement of Overriding Considerations Please see attached -8- 11086-0006\ 1892250v2.doc EXHIBIT B Statement of Overriding Considerations The following Statement of Overriding Considerations is made in connection with the proposed approval of the Amendment to the Uptown Jefferson Specific Plan (the "Project"). CEQA requires the decision-making agency to balance the economic, legal, social, technological or other benefits of a project against its unavoidable environmental risks when determining whether to approve a project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered acceptable. CEQA requires the agency to provide written findings supporting the specific reasons for considering a project acceptable when significant impacts are unavoidable. Such reasons must be based on substantial evidence in the Program EIR or elsewhere in the administrative record. The reasons for proceeding with this Project despite the adverse environmental impacts that may result are provided in this Statement of Overriding Considerations. The City Council fmds that the economic, social and other benefits of the Project outweigh the significant and unavoidable impacts to air quality, noise, and cultural resources. In making this finding, the City Council has balanced the benefits of the Project against its unavoidable impacts and has indicated its willingness to accept those adverse impacts. The City Council fmds that each one of the following benefits of the Project, independent of the other benefits, would warrant approval of the Project notwithstanding the unavoidable environmental impacts of the Project: A. The City Council finds that all feasible mitigation measures have been imposed to either lessen Project impacts to less than significant or to the extent feasible, and furthermore, that alternatives to the Project are infeasible because they generally have similar or greater impacts, or they do not provide the benefits of the Project, or are otherwise socially or economically infeasible as fully described in the Statement of Facts and Findings. B. The proposed Project strikes a proper balance between commercial development that focuses on economic activity, and high-quality residential development that emphasizes a mixed-use environment in which residents benefit from nearby shopping and employment opportunities. C. The proposed Project will reduce potential adverse environmental impacts compared with build- out under the currently -existing Uptown Jefferson Specific Plan due to its emphasis on mixed- use development and the benefits that such development provides, including reduced vehicle trips as a result of proximity to shopping, entertainment, and employment opportunities. D. The proposed Project will create additional housing units beyond what currently exists in the Uptown Jefferson Specific Plan area or what currently could be developed in that area and thus will add to the available housing stock in the City. E. The proposed Project will augment the City's economic base by providing additional tax revenues resulting from the commercial component of the proposed allowable development. B-1 The City Council finds that the foregoing benefits provided through approval of the Uptown Jefferson Specific Plan Project outweigh the identified significant adverse environmental impacts. The City Council further finds that each of the individual Uptown Jefferson Specific Plan Project benefits discussed above outweighs the unavoidable adverse environmental effects identified in the Final Program EIR and therefore finds those impacts to be acceptable. The City Council further finds that each of the benefits listed above, standing alone, is sufficient justification for the City Council to override these unavoidable environmental impacts. B-2 EXHIBIT C Mitigation Monitoring and Reporting Program Please see attached -9- 11086-0006\1892250v2. doc Mitigation Monitoring and R 1g Program EXHIBIT C UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Date Remarks Aesthetics Mitigation Measure MM -AES -1: The following light and glare standards shall be applied to all future development within the Specific Plan area: • The applicant shall ensure that all lighting fixtures contain "sharp cut-off" fixtures, and shall be fitted with flat glass and internal and external shielding. • The applicant shall ensure that site lighting systems shall be grouped into control zones to allow for opening, closing, and night light/security lighting schemes. All control groups shall be controlled by an automatic lighting system utilizing a time clock, photocell, and low voltage relays. Pre -Construction / Construction City of Temecula City of Temecula Building Official or other Designee City of Temecula project approval and field verification and sign off by City of Temecula • The applicant shall ensure that design and layout of the site shall take advantage of landscaping, on-site architectural massing, and off—site architectural massing to block light sources and reflection from cars. • Prior to the issuance of construction permits for a project - specific development within the Project area that includes outdoor lighting, the applicant shall submit an outdoor lighting plan and photometric plan to be reviewed and approved by the City of Temecula. The lighting plan shall be in compliance with Ordinance No. 655 as adopted by the Riverside County Board of Supervisors and shall include, but not be limited to, the following information and standards: o Light fixtures shall not exceed 4,050 lumens; o Light fixtures shall be fully shielded so that light rays emitted by the fixtures are projected below the horizontal plane passing through the lowest point of the shield; o A map showing all lamp locations, orientations, and intensities, including security, roadway, and task lighting; o Specification of each light fixture and each light shield; o Total estimated outdoor lighting footprint, expressed as lumens per acre; and, o Specification of motion sensors and other controls to be used, especially for security lighting. • The City shall conduct a post -installation inspection to ensure that the site is in compliance with the design standards in Uptown Jefferson Specific Plan MMRP 1 ESA / 211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigatiion Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks • Mitigation Measure MM -AES -1 and Riverside County Ordinance No. 655. The use of highly reflective construction materials on exterior wall surfaces. The exterior of permitted buildings shall be constructed of materials such as high performance tinted non - mirrored glass, painted metal panels and pre -cast concrete or fabricated wall surfaces. City of Temecula City of Temecula Building Official or other Designee Issuance of Grading Permit and field verifica-ion and sign off by City diesel haul trucks (e.g., material delivery trucks and soil import/export) to the extent feasible.) Under conditions where it is determined that 2010 model year or newer diesel trucks are not readily available or obtainable for a project, the applicant shall be required to provide this evidence to the City and shall instead use trucks that meet USEPA 2007 model year NOx emissions requirements. 2 Air Quality Mitigation Measure MM -AIR -la: Future project -level development shall incorporate the following mitigation measures to minimize emissions of NOx associated with construction activities for the Project: • Construction activities shall require the use of 2010 and newer Pre -Construction / Construction City of Temecula City of Temecula Building Official or other Designee Issuance of Grading Permit and field verifica-ion and sign off by City diesel haul trucks (e.g., material delivery trucks and soil import/export) to the extent feasible.) Under conditions where it is determined that 2010 model year or newer diesel trucks are not readily available or obtainable for a project, the applicant shall be required to provide this evidence to the City and shall instead use trucks that meet USEPA 2007 model year NOx emissions requirements. 2 of Temecula • Off-road diesel -powered construction equipment greater than 50 horsepower (hp) shall meet USEPA Tier 111 off-road emissions standards. In addition, construction equipment shall be outfitted with BACT devices certified by CARB. A copy of each unit's certified tier specification, BACT documentation, and GARB or SCAQMD operating permit shall be provided at the time of mobilization of each applicable unit of equipment. Under conditions where a newer or alternative technology becomes available in the future that would result in either equivalent or larger reductions in NOx emissions than the use of tiered construction equipment, that technology shall be applied. Where alternatives to USEPA Tier III equipment are chosen for a project, the applicant shall be required to show evidence to the City that comparable NOx emissions reductions that are no less than what could be achieved by a CARB's On -Road Heavy -Duty Diesel Vehicle (In -Use) Regulation requires the phase-in of 2010 model year engines or equivalent by January 1, 2023. Under this regulation, PM and NOx emissions are projected to be reduced by approximately 3 tons per day and 88 tons per day, respectively, in 2023. 2 As the 2010 model year engines or equivalent would be gradually phased in over time in California, these engines may not always be readily available for the construction activities associated with the Project. As such, under these circumstances the USEPA 2007 model year NOx emissions standards, which were scheduled to be phased -in for heavy-duty highway engines between 2007 and 2010, would be used instead. Uptown Je MMRP Specific Plan SA / 211247 July 2015 Mitigati, iltoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks Level 3 diesel emissions controt strategy for a similarly sized engine as defined by CARB regulations would be achieved. • After January 1, 2015, off-road diesel -powered construction equipment greater than 50 hp shall meet the Tier IV emission standards, where available. Under conditions where it is determined that equipment meeting Tier IV emission standards are not readily available or obtainable for a project, the applicant shall be, required to provide this evidence to the City and shall instead use USEPA Tier III equipment. In addition, construction equipment shall be outfitted with BACT devices certified by CARB. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations. A copy of each unit's certified tier specification, BACT documentation, and CARB or SCAQMD operating permit shall be provided at the time of mobilization of each applicable unit of equipment. Mitigation Measure MM -AIR -lb: Future project -level development shall incorporate the following in the construction specifications of a development project: • Require that construction -related equipment, including heavy- duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than five minutes. Require that construction operations rely on the electricity infrastructure surrounding the construction site rather than electrical generators powered by internal combustion engines to the extent feasible. Mitigation Measure MM -AIR -lc: Future project -level development shall document project construction emissions prior to City approval of a project. If it is shown that a development would generate construction -related VOC emissions exceeding SCAQMD's threshold, the architectural coatings phase for that project shall use coatings and solvents with a VOC content lower than that required under SCAQMD Rule 1113. Mitigation Measure MM -AIR -1d: The City shall encourage all construction contractors to apply for SCAQMD "SOON" funds, which provides funds to accelerate cleanup of off-road diesel vehicles such as heavy-duty construction equipment. Uptown Jefferson Specific Plan MMRP 3 ESA / 211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks Mitigation Measure MM -AIR -3: Prior to City approval of an individual development project that would have the construction equipment and activity listed below, a project -specific LST analysis shall be prepared and submitted that identifies the resulting construction emissions and demonstrates how the emissions would not exceed SCAQMD's LSTs or result in pollutant emissions that would cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standards. • Requires more than a maximum of six pieces of heavy-duty diesel equipment operating concurrently for eight hours per day; • Involves more than a maximum daily amount of 3,500 cubic yards of dirt handling associated with grading activities; • Requires more than 10 miles of on-site travel by haul trucks per day; and, • Involves an on-site storage (soil) pile of more than 0.02 acres Pre -Construction / Construction City of Temecula I City of Temecula Building Official or other Designee City of Temecula project approval and field verification and sign -off by City of Temecula Mitigation Measure MM -AIR -4: Prior to City approval of future Pre -Construction / City of City of City of project -specific residential developments within the Project area and Construction Temecula Temecula Temecula located within 500 feet of 1-15, a health risk assessment (HRA) shall Building Official project approval be conducted to evaluate the health risks to these residential or other and field developments associated with TACs from the mobile sources traveling along the portion of 1-15 that is adjacent to the Project area. Based on the findings in the HRA, appropriate measures shall be taken, if necessary, to reduce the cancer risk resulting from TAC - exposure from 1-15 to below 10 in one million for the maximally - exposed individual. These measures may include, but are not limited 1:o, relocating the residential development beyond 500 feet of the freeway or implementation of appropriate Minimum Efficiency Designee verification and sign -off by City of Temecula Reporting Value (MERV) filters at the residential development. Biological Resources Mitigation Measure MM -BIO -1: Prior to any ground -disturbing Pre -Construction / City of City of Certified activities for individual development projects, pre -construction Construction Temecula Temecula Envirormental clearance surveys shall be conducted in accordance with Section Qualified Review 6.0 of the MSHCP for special -status plant species in suitable habitat areas that will be subject to ground -disturbing activities. The surveys will be conducted in the appropriate season. All special -status plant species observed shall be marked and afforded a level of protection within 100 feet of the construction footprint, per the terms and conditions of the MSHCP. As appropriate, the special -status or habitats of concern mapping within the construction limits shall be Biologist Document Uptown Je Specific Plan MMRP SA/211247 July 2015 Mitigatir litoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks updated. A biologist will provide verification and report through memorandum to the Western Riverside County Regional Conservation Authority (RCA) Monitoring Program Administrator. Mitigation Measure MM -BIO -2: Impacts to raptors and other Pre -Construction / City of City of Issuance of migratory birds shall be avoided by the implementation of one of the Construction Temecula Temecula grading permit following measures: Qualified and field • All construction and ground disturbing activities shall take place outside of the raptor breeding season (February 1- August 30). Biologist verification and sign off by City of Temecula • If construction and ground disturbing activities are necessary during the breeding season (February 1 -August 30), a focused survey for active nests of raptors and migratory birds shall be conducted by a biologist (a person possessing a bachelors in science with a minimum of one year nest survey experience per -forming raptor surveys). The survey shall occur a maximum of 14 days prior to any construction or ground - disturbing activities. If active nest(s) (with eggs or fledglings) are identified within the project site, (CDFW for state listed species, species of special concern, and MSHCP'covered species; USFWS for birds covered under the Migratory Bird Treaty Act and listed species) they shall not be disturbed until the young have hatched and fledged (matured to a state that they can leave the nest on their own). A 500 -foot construction setback from any active nesting location shall be adhered to in order to avoid disturbance of the nest until the young have fledged or the nest has failed, as determined by a qualified biologist. If no active nests are identified, construction may commence. Mitigation Measure MM -BIO -3: Future development that occurs Pre -Construction / City of City of City of outside of land designated as Developed/Disturbed on Figure 3.3-1 Construction Temecula Temecula Temecula shall be surveyed by a qualified biologist (i.e., knowledgeable in Qualified project approval burrowing owl biology) using MSHCP approved burrowing owl survey protocols within 30 days prior to construction to determine presence/absence of burrowing owl. If no burrowing owls are identified on the site during these pre -construction surveys, no additional mitigation is necessary and construction can commence. Biologist and field verification and sign -off by City of Temecula If burrowing owl(s) are found on-site, the City and RCA will be notified. The following species-specific mitigation actions would be required if burrowing owls are found: • Since burrow owl is a covered species under the MSHCP, adequate conservation of the species and its habitat are Uptown Jefferson Specific Plan MMRP 5 ESA/211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks achieved through participation in the MSHCP. Avoidance of the active burrow(s) is the preferred method to reduce potential impacts to burrowing owl to a less than significant level. • However, if the proposed project cannot avoid the active burrow(s), owls within active burrow(s) may be evicted with the use of one-way doors and passively relocated to suitable habitat with natural or artificial burrows within 100 meters of the proposed project site, as regulated by the RCA. • If eviction/passive relocation is not feasible, preparing and implementing an active translocation plan, if appropriate and approved by the RCA and CDFW that includes identifying a receptor site for the owl(s), may also be acceptable. • However, if 3 or more pairs of burrowing owls are observed on 35 -plus acres of suitable habitat, onsite conservation of the habitat is required by the MSHCP in accordance with Section 6.3.2 of the MSHCP Plan. Onsite conservation of habitat will be negotiated between the project applicant and the RCA through a Determination of Biologically Equivalent or Superior Preservation (DBESP) and/or a Habitat Assessment and Negotiation Strategy (HANS) application. Mitigation Measure MM -BIO -4: The specific MSHCP conservation Pre -Construction / City of City of Field objectives for fairy shrimp shall be met through implementation of Construction Temecula Temecula verification and the Riparian/Riverine Areas and Vernal Pools Policy presented in Qualified sign -off by City Section 6.1.2 of the MSHCP. Prior to City approval of an individual development project located outside of land designated as Biologist of Temecula Developed/Disturbed on Figure 3.3-1, an assessment of the construction footprint shall be conducted to determine whether suitable wetlands or seasonally inundated habitats (vernal pools, stock ponds, ephemeral ponds, impoundments, road ruts, or other human -modified depressions) currently exist within the construction footprint. Wetland mapping assembled as part of that policy shall be reviewed as part of the project review process and, if suitable fairy shrimp habitat is identified on the wetland maps and cannot be avoided, a single -season dry or wet season survey for fairy shrimp species shall be conducted by a qualified biologist in accordance with the sampling methods described in the 1996 USFWS Interim Survey Guidelines to Permittees for Recovery Permits under Sections 10(a)(1)(A'I of the Endangered Species Act for the Listed Uptown MMRP - Specific Plan =SA / 211247 July 2015 Mitigatii Itoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Date Verification of Compliance Remarks Vernal Pool Branchiopods. 1t survey results are positive, a certain percentage of the occupied portions of the property that provide for Tong -term conservation value for the fairy shrimp shall be conserved. The MSHCP provides general guidance which suggests ninety percent of the occupied portions of the site shall be conserved and ten percent of the occupied portions allowed for development under the MSHCP; however, the required conservation/impact-ratio shall be determined by the RCA on a project -by -project basis. If listed branchiopods are detected, then the following restriction and protection will be implemented to avoid or minimize impacts to the resource during construction: Seasonal Vernal Pool Work Restriction. For seasonal avoidance of special -status vemal pool branchiopods and vernal pool -dependent species (e.g., western spadefoot toad), the contractor will not work within 250 feet of aquatic habitats suitable for these species (e.g., vernal pools and other seasonal wetlands) from October 15 to June 1 (corresponding to the rainy season), or as determined through informal or formal consultation with the RCA Monitoring Program Administrator and/or USACE. Ground -disturbing activities may begin once the habitat is no longer inundated for the season. If any work remains to be completed after October 15 exclusion fencing and erosion control measures will be placed at the vernal pools (or other seasonal wetlands) by the contractor under supervision of the a biologist. The fencing will act as a buffer between ground - disturbing activities and the vernal pools and other seasonal wetlands as determined through consultations with the RCA Monitoring Program Administrator, and/or USACE. The biologist will document compliance through a memorandum during the establishment of the fencing activities submitted to the RCA Monitoring Program Administrator. Implement and Monitor Vernal Pool Protection. If temporary impacts can be avoided, the vernal pool(s) will be protected by erecting exclusion fencing. The contractor, under the supervision of the project biologist, will erect and maintain the exclusion fencing. Resource agency consultations with the RCA Monitoring Program Administrator and/or USACE will occur as needed. If vernal pools and/or listed branchiopods are detected, and an avoidance alternative is not feasible, then the following measures shall be implemented: Determination of Biologically Equivalent or Superior Preservation (DBESP). In accordance with Section 6.1.2 of the MSHCP. a Uptown Jefferson Specific Plan MMRP 7 ESA / 211247 July 2015 Mitigation Monitoring and Reporting Program Mitigation Measures UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks DBESP shall be prepared as part of an individual development project approval by the City to ensure replacement of any lost functions and values of habitat as it relates to vernal pools and listed branchiopods. The DBESP shall contain a mitigation strategy, subject to the approval of the RCA, which may contain on-site habitat creation and conservation, or off-site land acquisition in an approved mitigation bank for vernal pools and listed branchiopods; each is described below. On-site Habitat Creation. Should an avoidance alternative not be feasible, vernal pool basins and watershed shall be created on-site at a replacement ratio of 1:1, subject to the approval of the RCA. If on-site restoration is infeasible, an appropriate off-site location will be selected that exhibits the appropriate vernal pool soil conditions. The required off-site replacement ratio shall be determined by the RCA based on the specifics of the project. Vernal pool restoration sites shall be conserved in perpetuity through a conservation easement, deed restriction, or other appropriate mechanism. Specifications for the creation of habitat and a long- term monitoring program (typically five years, complete with success criteria) shall be included in the DBESP. Off-site Land Acquisition. Should both an avoidance alternative and habitat creation not be feasible, then off-site land acquisition in an approved mitigation bank for vernal pools and listed branchiopods shall be implemented at a replacement ratio of 1:1, subject to the approval of the RCA. The required replacement ratio shall be determined by the RCA on a project by project basis. Mitigation through off-site acquisition shall occur by purchasing vernal pool mitigation credits at the Barry Jones (aka Skunk Hollow) Wetland Mitigation Bank. Mitigation Measure MM -BIO -5: Prior to any ground -disturbing Pre -Construction / City of City of Issuance of activities associated with individual development projects, a Construction Temecula Temecula grading permit biologist or designee shall conduct a visual and acoustic survey for Qualified and field roosting bats according to accepted protocol. The biologist will contact the RCA Monitoring Program Administrator, and/or CDFW if any hibernation roosts or active nurseries are identified within the construction footprint. The biologist will submit a memorandum documenting compliance to the RCA Monitoring Program Biologist verification and sign -off by City of Temecula Administrator. Bat Exclusion and Deterrence. During ground -disturbing activities, if individuals or groups of bats are found within the construction footprint, the bats shall be safely excluded by either opening the roosting area to chang ? Eightincg and airflow conditions, or by 1 1 Lc:ev:n Je 3pecific Plan MMR iA / 211247 July 2015 Mitigaty litoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks installing one-way doors, or other appropriate methods specified by the RCA Monitoring Program Administrator and/or CDFW. The contractor will leave the roost undisturbed by project -related activities for a minimum of one week after implementing exclusion and/or eviction activities. The contractor will not implement exclusion measures to evict bats from established maternity roosts. Pre -Construction City of City of City of The Biologist will submit a memorandum documenting compliance to the RCA Monitoring Program Administrator. Temecula Temecula Temecula Cultural Resources Mitigation Measure MM -CUL -1: Individual development projects or Pre -Construction City of City of City of other ground disturbing activities such as installation of utilities, shall Temecula Temecula Temecula be subject to a Phase I cultural resources inventory on a project- qualified Project specific basis prior to the City's approval of project plans. The study Archaeologist Approval; shall be carried out by a qualified archaeologist, defined as an and Pechanga verification by archaeologist meeting the Secretary of the Interior's Standards for tribal City of professional archaeology, and shall be conducted in consultation with the Pechanga Band of Luiseno Indians. The cultural resources inventory would consist of: a cultural resources records search to be conducted at the Eastern Information Center; scoping with the representatives Temecula in consultation with Pechanga Tribe Native American Heritage Commission (NAHC) and with interested Native Americans identified by the NAHC; a pedestrian archaeological survey where deemed appropriate by the archaeologist; and recordation of all identified archaeological resources on California Department of Parks and Recreation 523 forms. If potentially significant cultural resources are encountered during the survey, the City shall require that the resources are evaluated for their eligibility for listing in the California Register of Historical Resources and for significance as a historical resource or unique archaeological resource per CEQA Guidelines Section 15064.5. Recommendations shall be made for treatment of these resources if found to be significant, in consultation with the City and the Pechanga Band of Luiseno Indians. Per CEQA Guidelines Section 15126.4(b)(3), project redesign and preservation in place shall be the preferred means of mitigation to avoid impacts to significant cultural resources, including prehistoric and historic archaeological sites, locations of importance to Native Americans, human remains, historical buildings, structures and landscapes. Methods of avoidance may include, but shall not be limited to, project re-route or re -design, project cancellation, or identification of protection measures such as capping or fencing. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C), if it is demonstrated that resources cannot be avoided, the qualified archaeologist shall Uptown Jefferson Specific Plan MMRP 9 ESA / 211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks develop additional treatment measures, which may include data recovery or other appropriate measures, in consultation with the City and the Pechanga Band of Luiseno Indians. The City shall conduct consultation with the Pechanga Band of Luiseno Indians on a project -specific basis. In addition, the project proponent shall retain archaeological monitors and Native American monitors from the Pechanga Band of Luiseno Indians during ground -disturbing activities that have the potential to impact significant cultural resources as determined by a qualified archaeologist in consultation with the City. During project -level construction, should prehistoric or historic subsurface cultural resources be discovered, all activity in the vicinity of the find shall stop and a qualified archaeologist, in consultation with the Pechanga Band of Luiseno Indians, will be contacted to assess the significance of the find according to CEQA Guidelines Section 15064.5. If any find is determined to be significant, the archaeologist shall determine, in consultation with the City and the Pechanga Band of Luiseno Indians, appropriate avoidance measures or other appropriate mitigation. Per CEQA Guidelines Section 15126.4(b)(3), project redesign and preservation in place shall be the preferred means to avoid impacts to significant cultural resources. Methods of avoidance may include, but shall not be limited to, project re-route or re -design, project cancellation, or identification of protection measures such as capping or fencing. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C), if it is demonstrated that resources cannot be avoided, the qualified archaeologist shall develop additional treatment measures in consultation with the City, which may include data recovery or other appropriate measures, in consultation with the Pechanga Band of Luiseno Indians. All significant cultural materials recovered will be, as necessary and at the discretion of the consulting archaeologist, and in consultation with the Pechanga Band of Luiseno Indians, subject to scientific analysis, professional museum curation, and documentation according to current professional standards. Uptown J€ MMRP Specific Plan 3A 1211247 July 2015 Mitiga ` nitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks Mitigation Measure MM -CUL -2: Project -level development Pre -Construction/ City of City of City of involving ground disturbance and containing structures 50 years old Construction Temecula Temecula Temecula or older shall be subject to a historic built environment survey, and qualified Project potentially historic structures shall be evaluated for their potential Historian or Approval; historic significance, prior to the City's approval of project plans. The Architectural ' verification by survey shall be carried out by a qualified historian or architectural historian meeting the Secretary of the Interior's Standards for Architectural History. Consultation with the Pechanga Band of Luiseno Indians shall also occur during the evaluation. If potentially significant resources are encountered during the survey, demolition or substantial alteration of such resources identified shall be avoided. If avoidance of identified historic resources is deemed infeasible, the City shall require the preparation of a treatment plan to include, but not limited to, photo -documentation and public interpretation of the resource. The plan will be submitted to the City for review and approval prior to implementation. Historian City of Temecula in consultation with Pechanga Tribe Mitigation Measure MM -CUL -3: For project -level development Pre -Construction/ City of City of Verification by involving ground disturbance, a qualified paleontologist shall be Construction Temecula Temecula in City of retained to determine the necessity of conducting a study of the consultation Temecula in project area(s) based on the potential sensitivity of the project site with Pechanga consultation for paleontological resources. If deemed necessary, the paleontologist shall conduct a paleontological resources inventory designed to identify potentially significant resources. The paleontological resources inventory would consist of: a paleontological resources records search to be conducted at the Tribe with Pechanga Tribe San Bernardino County Museum and/or other appropriate facilities; a field survey where deemed appropriate by the paleontologist; and recordation of all identified paleontological resources. The paleontologist shall provide recommendations regarding additional work for the project. Impacts to significant paleontological resources, if identified, shall be avoided. In addition, the project proponent shall retain paleontological monitors during construction for ground -disturbing activities that have the potential to impact significant paleontological resources as determined by a qualified paleontologist. , In the event that paleontological resources are discovered, the project proponent will notify a qualified paleontologist. The paleontologist will document the discovery as needed, evaluate the potential resource, and assess the significance of the find under the criteria set forth in CEQA Guidelines Section 15064.5. If fossil or fossil bearing deposits are discovered during construction, excavations within 50 feet of the find will be temporarily halted or Uptown Jefferson Specific Plan MMRP 11 ESA / 211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks diverted until the discovery is examined by a oualified paleontologist, in accordance with Society of Vertebrate See MM HYD1a See MM See MM See MN Paleontology standards. The paleontologist will notify the appropriiate agencies to determine procedures that would be followedl before construction is allowed to resume at the location of the find. If avoidance is determined to be infeasible, the qualified paleontologist shall implement a paleontological mitigation program. and MM -HYD -1b HYD1a and HYD1a and HYDlaand At each fossil locality, field data forms shall be used to record pertinent geologic data, stratigraphic sections shall be measured, appropriate sediment samples shall be collected and submitted for analysis, and any other activities necessary for the timely and professional documentation and removal of fossils. Any fossils encountered and recovered shall be prepared to the point of identification, catalogued, and donated to a public, non-profit institution with a research interest in the materials. Accompanying notes, maps, and photographs shall also be filed at the repository. MM -HYD -1b MM -HYD -1b MM -HYD -1b Mitigation Measure MM -CUL -4: Project -level development Construction City of City of Verification by involving ground disturbance within the Project area shall address Temecula in 1 Temecula in City of the potential discovery and proper treatment of human remains, which is always a potential in areas that have not been previously consultation I consultation with I with Pechanga Temecula in consultation disturbed or only partially disturbed through prior development. The Pechanga Tribe with Pechanga City shall require that, if human remains are uncovered during project construction, work in the vicinity of the find shall cease and the Riverside County coroner shall be contacted to evaluate the remains, following the procedures and protocols set forth in Section Tribe Tribe 15064.5 (e)(1) of the CEQA Guidelines. If the County coroner determines that the remains are Native American, the coroner will contact the Native American Heritage Commission, in accordance with Health and Safety Code Section 7050.5, subdivision (c), and Public Resources Code 5097.98 (as amended by AB 2641). The NAHC will then designate a Most Likely Descendent of the deceased Native American, who will engage in consultation to determine the disposition of the remains. Geology, Soils, and Seismicity Mitigation Measures MM -HYD -la and MM -HYD -lb See MM HYD1a See MM See MM See MN and MM -HYD -1b HYD1a and HYD1a and HYDlaand MM -HYD -1b MM -HYD -1b MM -HYD -1b Uptown Je MMRP ipecific Plan 3A/ 211247 July 2015 Mitiya[' litoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Date Remarks Hazards and Hazardous Materials Mitigation Measure MM-HAZ-la: For individual development projects within the Project area, the applicant shall retain a qualified environmental consulting firm to conduct a Phase I Environmental Site Assessment in accordance with ASTM standard E1527-05 prior to building permit approval. Any recommendations made in the Phase I report as well as any remediation as required by the overseeing agency shall be completed prior to commencement of any construction activities. Pre -Construction / Construction City of Temecula City of Temecula Building Official or other Designee Issuance of Grading Permit and field verification and sign -off by City of Temecula Mitigation Measure MM-HAZ-lb: Any subsurface materials Pre -Construction / Riverside City of Field exposed during construction activities that appear suspect of Construction County Temecula verification and contamination, either from visual staining or suspect odors, shall Department sign -off by City require immediate cessation of excavation activities and notification of of Temecula of the Riverside County Department of Environmental Health. Soils Environment and Riverside suspected of contamination through visual observation or from observed odors, shall be segregated from other soils and placed on and covered by plastic sheeting and characterized for potential contamination in accordance with direction received from the al Health County Department of Environmental Health County. If contamination is found to be present, any further proposed groundbreaking activities within areas of identified or suspected contamination shall cease and shall not resume until a site specific health and safety plan, prepared by a licensed professional and approved by Department of Environmental Health, has been completed and submitted to the City. Mitigation Measure MM-HAZ-lc: Any groundwater generated Construction RWQCB City of Field during construction dewatering shall be contained and profiled in Temecula verification and accordance with Regional Water Quality Control Board (RWQCB) or Building Official sign -off by City Temecula Valley Regional Water Reclamation Facility requirements depending on whether water will be discharged to storm drains or sanitary sewers. Any water that does not meet permitted requirements by these two agencies shall be transported offsite for disposal at an appropriate facility, or treated, if necessary to meet applicable standards, prior to discharge in accordance with approval from the RWQCB or Temecula Valley Regional Water Reclamation or other Designee of Temecula Facility. Uptown Jefferson Specific Plan MMRP 13 ESA / 211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Hydrology and Water Quality Monitoring Phase Enforcement Agency Responsible Monitoring Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks Mitigation Measure MM -HYD -la: Development construction that Pre -Construction / City of City of Issuance of disturbs one acre or more individually shall comply with the NPDES Construction General Permit regulations in effect at the time so as not to violate any water quality standards or waste discharge Construction/ Post -Construction Temecula Temecula Building Official or other Building Permit, review cf plans, field ver fication requirements. Compliance with the Construction General Permit would include filing of a Notice of Intent with the SWRCB and the preparation of a SWPPP incorporating construction BMPs for control of erosion andsedimentation contained in stormwater runoff. Designee and sign -off by City of Temecula Development construction that disturbs less than one acre individually shall comply with the MS4 permit issued by the SDRWOCB in effect at the time so as not to violate any water quality standards or waste discharge requirements. Compliance with the MS4 permit for construction projects disturbing less than an acre would require the preparation of a construction BMP plan detailing erosion, sediment, and waste management control BMPs to be implemented throughout construction to be submitted and approved by the City of Temecula. Mitigation Measure MM -HYD -lb: As a condition of approval, each Pre -Construction / City of City of Issuance of future development project will be required to generate a project- specific Water Quality Management Plan (WQMP), as required by the City of Temecula Stormwater Ordinance and as specified in the Construction/ Post -Construction Temecula Temecula Building Official or other Building Permit, review cf plans, field venfication City's Jurisdictional Runoff Management Plan, which will ensure that the project implements specific water quality features to meet the Designee and sign -off by City of City's MS4 Permit and Stormwater Ordinance requirements. Temecula Potential BMPs required by the WQMP include scheduling, minimization of vegetation disturbance, sandbags, vehicle fueling and maintenance in designated areas, and storm drain stenciling. This WOMP shall be reviewed and approved by the City of Temecula prior to the issuance of a building or grading permit. Noise and Vibration Mitigation Measure MM -N01 -1a: Prior to the issuance any grading or building permits for project -specific development, the applicant shall provide evidence to the City that the development will not exceed the City's exterior noise standards for construction (see Table 3.10-5). If it is determined that City noise standards for construction activities would be exceeded, the applicant shall submit a construction -related exception request to the City Manager at least one week in advance of the project's scheduled construction activities,, along with the appropriate inspection fee(s), to ensure that the project's construction noise levels would be granted an Uptown Je 3pecific Plan MMRP Pre -Construction / Construction City of Temecula City of Temecula Building Official or other Designee Issuance of Grading or Building Permits and field verification and sign -off by City of Temecula -A/211247 July 2015 Mitigatic bring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks exception from the noise standards set forth in Section 9.20.040 of the City of Temecula Municipal Code. If a construction -related exception request is denied by the City, design measures shall be taken to reduce the construction noise levels to the maximum extent feasible to achieve compliance with the City's construction noise standards. These measures may include, but are not limited to, the erection of noise barriers/curtains, use of advanced or state-of-the- art mufflers on construction equipment, and/or reduction in the amount of equipment that would operate concurrently at the development site. Mitigation Measure MM -N01 -1b: Project -specific development Pre -Construction / City of City of Issuance of located within the Project area shall: Construction Temecula Temecula Grading Permit • Ensure that noise and groundborne vibration construction Building Official and field activities whose specific location on a construction site may be or other verification and flexible (e.g., operation of compressors and generators, cement mixing, general truck idling) shall be conducted as far as possible from the nearest noise- and vibration -sensitive land uses. Designee sign -off by City of Temecula • Ensure that the use of construction equipment or construction methods with the greatest peak noise generation potential will be minimized. Examples include the use of drills and jackhammers. When impact tools (e.g., jack hammers, pavement breakers, and caisson drills) are necessary, they shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools. Where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used; this muffler can lower noise levels from the exhaust by up to about 10 dBA. External jackets on the tools themselves shall be used where feasible; this could achieve a reduction of 5 dBA. Quieter procedures, such as use of drills rather than impact tools, shall be used whenever feasible. • Locate stationary construction noise sources away from adjacent receptors and muffled and enclosed within temporary sheds, incorporate insulation barriers, or other measures to the extent feasible. • Ensure that all construction truck traffic is restricted to routes approved by the City of Temecula, which shall avoid residential areas and other sensitive receptors, to the extent feasible. Uptown Jefferson Specific Plan MMRP 15 ESA/211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks • Designate a construction relations officer to serve as a liaison with surrounding residents and property owners who is responsible for responding to address any concerns regarding construction noise and vibration. The liaison's telephone number(s) shall be prominently displayed at construction locations. • Hold a preconstruction meeting with the City's job inspectors and the general contractor or onsite project manager to confirm that noise and vibration mitigation and practices (including construction hours, sound buffers, neighborhood notification, posted signs, etc.) are implemented. Mitigation Measure MM -N01 -2a: The operation of construction equipment that generates high levels of vibration, such as large bulldozers, loaded trucks, and caisson drills, shall be prohibited within 45 feet of residential structures and 35 feet of institutional structures during construction of any project -specific development in the Project area, to the extent feasible. Small, rubber -tired construction equipment shall be used within this area during demolition and/or grading operations to reduce vibration effects where feasible. Mitigation Measure MM -N01 -2b: Operation of jackhammers shall be prohibited within 25 feet of existing residential structures and 20 feet of institutional structures during construction activities associated with any project -specific development in the Project area, to the extent feasible. Pre -Construction / Construction City of Temecula City of Temecula Building Official or other Designee Issuance of Grading Permit and field verification and sign -off by City of Temecula Mitigation Measure MM -N01-3: For project -specific development, the applicant shall provide evidence to the City that operational noise bevels generated by the development would exceed the City's permissible exterior noise standards. If City noise standards would be exceeded, design measures shall be taken to ensure that operational noise levels would be reduced to levels that comply with the permissible City noise standards. These measures may include, but are not limited to, the erection of noise walls, use of landscaping, and/or the design of adequate setback distances for the new developments. Pre -Construction / Construction / Post -Construction City of Temecula City of Temecula Building Official or other Designee Issuance of Grading Permit and field verification and sign -off by City of Temecula Mitigation Measure MM -N01 -4a: Individual development projects shall minimize noise impacts from mechanical equipment, such as ventilation and air conditioning units, by locating equipment away from receptor areas, installing proper acoustical shielding for the equipment, and incorporating the use of parapets into building design to ensure that noise levels do not exceed the ambient noise Pre -Construction / Construction / Post -Construction City of Temecula City of Temecula Building Official or other Designee City of Temecula project approval and field verification and sign -off by City Uptown J MMRP Specific Plan • ',SA/ 211247 July 2015 Mitigatiq toring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks revel on the premises of existing development by more than five decibels.. Pre -Construction/ Construction City of Temecula City of Temecula Engineer or other Designee of Temecula Mitigation Measure MM -N01 -4b: Prior to City approval of a residential development project within the Project area, the applicant shall provide documentation to the City that all exterior windows associated with a proposed residential development will be constructed to provide a sufficient amount of sound insulation to ensure that interior noise levels would be below an Ldn or CNEL of Pre -Construction/ City of City of Issuance of 45 dB in any habitable room. Construction Temecula Temecula Grading Permit and ensure that the following improvements occur at these Mitigation Measure MM -N01-5: Prior to City approval of a project- Pre -Construction / City of City of City of intersections prior to or concurrent with Project -related development that would increase the AM peak -hour delay by more than two seconds. • At the intersection of Jefferson Avenue at Cherry Street / specific development within the Project area, the applicant shall Construction / Temecula Temecula Temecula provide evidence to the City that the City's noise/land use Post -Construction Building Official project approval compatibility standards are met for the land use being developed. or other and field Measures that can be taken to ensure compliance with the City's noise/land use compatibility standards include, but are not limited to, the erection of noise walls, use of landscaping, and/or the design of adequate setback distances. Designee verification and sign -off by City of Temecula Transportation and Traffic Mitigation Measure MM -TRA -1: The City shall monitor the performance of the intersections listed below on an on-going basis and ensure that signal timing optimization occurs at these intersections prior to or concurrent with Project -related development that would increase the AM peak -hour delay by more than two seconds. • Ynez Road & Winchester Road — AM peak hour (Project's fair - share contribution for this mitigation measure is 10 percent) • Nicholas Road & Winchester Road — AM peak hour (Project's fair -share contribution for this mitigation measure is 5 percent) Prior to the issuance of the initial building permit for each project - specific development within the Project area, the applicant shall pay its fair share, as determined by the City, toward the signal timing optimization for the intersections listed herein. Pre -Construction/ Construction City of Temecula City of Temecula Engineer or other Designee Issuance of Grading Permit and Issuance of a Certificate of Occupancy Mitigation Measure MM -TRA -2: The City shall monitor the Pre -Construction/ City of City of Issuance of performance of the intersections listed below on an on-going basis Construction Temecula Temecula Grading Permit and ensure that the following improvements occur at these Engineer or and Issuance of intersections prior to or concurrent with Project -related development that would increase the AM peak -hour delay by more than two seconds. • At the intersection of Jefferson Avenue at Cherry Street / other Designee a Certificate of Occupancy Uptown Jefferson Specific Plan MMRP 17 ESA/211247 July 2015 Mitigation Monitoring and Reporting Program UPTOWN JEFFERSON SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks Proposed French Valley Parkway, the westbound approach lane shall be re -configured from one left turn lane, two through lanes, and a shared through -right turn lane to two left turn lanes, one through lane and one shared lane (Project's fair - share contribution is 10 percent). City of City of Issuance of construction permits for a project -specific development within the • At the intersection of Winchester Road and Murrieta Hot Temecula construction Project area, the project applicant shall pay its fair share of Eastern Springs Road, add a right -turn overlap traffic signal phase to the southbound direction (Project's fair -share contribution is 5 percent). Building Official permits, and Municipal Water District mitigation fees to upsize the impacted • At the 1-15 Southbound Ramps and Temecula Parkway, add an exclusive right -turn lane to the northbound direction or other sign -off by City sewer pipelines at Jefferson Avenue, via Montezuma and Del Rio (Project's fair -share contribution is 5 percent). Designee of Temecula Road. Prior to the issuance of the initial building permit for each project - specific development within the Project area, the applicant shall pay its fair share, as determined by the City, toward the improvements for the intersections listed herein. Mitigation Measure MM-UTL-1 b: Prior to issuance of construction permits For a project -specific development within the Project area, the project applicant shall pay Eastern Municipal Water District's then in effect Financial Participation Charge associated with obtaining sewer service. Utilities and Water Supply Assessment Mitigation Measure MM-UTL-la: Prior to the issuance of Pre -Construction City of City of Issuance of construction permits for a project -specific development within the Temecula Temecula construction Project area, the project applicant shall pay its fair share of Eastern Building Official permits, and Municipal Water District mitigation fees to upsize the impacted or other sign -off by City sewer pipelines at Jefferson Avenue, via Montezuma and Del Rio Designee of Temecula Road. Mitigation Measure MM-UTL-1 b: Prior to issuance of construction permits For a project -specific development within the Project area, the project applicant shall pay Eastern Municipal Water District's then in effect Financial Participation Charge associated with obtaining sewer service. Uptown Je, ipecific Plan MMRP iA / 211247 July 2015 ATTACHMENT C PC RESOLUTION - RECOMMENDED CITY COUNCIL ACTIONS 25 RESOLUTION NO. 15- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY OF TEMECULA ADOPTING THE UPTOWN JEFFERSON SPECIFIC PLAN, AMENDING THE TEMECULA ZONING CODE TO ADD THE UPTOWN JEFFERSON SPECIFIC PLAN TO THE APPROVED SPECIFIC PLAN ZONES, AMENDING THE TEMECULA ZONING MAP TO REFLECT THE UPTOWN JEFFERSON SPECIFIC PLAN, AND AMENDING THE ADULT BUSINESS OVERLAY ZONE TO ELIMINATE THE UPTOWN JEFFERSON SPECIFIC PLAN AREA " AND A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE LAND USE ELEMENT, THE LAND USE POLICY MAP, THE CIRCULATION ELEMENT, AND THE COMMUNITY DESIGN ELEMENT OF THE GENERAL PLAN IN CONFORMITY WITH THE UPTOWN JEFFERSON SPECIFIC PLAN" SECTION 1. Recitals and Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. The Uptown Jefferson Specific Plan ("Specific Plan") has been initiated and prepared on behalf of the City of Temecula. The Specific Pian area is approximately 2.3 miles long and encompasses approximately 560 acres. The Specific Plan area is located north of Rancho California Road, west of Interstate 15, south of Cherry Street, and east of Diaz Road. The Specific Plan area is divided into six zoning districts: Uptown Center District, Uptown Hotel/Tourism District, Uptown Sports/Transit District, Uptown Arts District, Creekside Village District and the Murrieta Creek Recreation and Open Space District. In addition, there are two overlay zones: Creekside Village Commercial Zone and the Wilder Hills Residential Overlay Zone. It is projected that approximately 5.5 million square feet of new development could be constructed in the Specific Plan area within twenty years. This includes approximately 1.7 million square of feet of commercial development, 315 new hotel rooms and 3,726 new residential dwelling units. B. On October 21, 2015 and November 4, 2015, the Planning Commission, at regular meetings, considered the Specific Plan, at which time the City staff and interested persons had an opportunity and did testify either in support or opposition to the matter. C. The adoption of the Specific Plan also includes a General Plan Amendment, a Zoning Code Amendment to add the Specific Plan area, a Zoning Map Amendment to change the zoning classification of the parcels located within the Specific -1- 11086-0006\1892276v2.doc Plan area, and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone (collectively referred to as the "Project"). D. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code § 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs. § 15000 et seq. (collectively referred to as "CEQA"). E. On June 2, 2013, in accordance with CEQA Guideline Section 15082, the City published a Notice of Preparation ("NOP") of a Draft Environmental Impact Report ("Draft EIR") and circulated it to governmental agencies, organizations, and persons that may be interested in the proposed Project. The NOP requested that comments on the topics to be analyzed in the Draft EIR for the proposed Project be submitted to the City by July 12, 2013. F. In response to the NOP, the City received 12 written comments from various individuals and organizations. These comment letters assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR. G. On June 27, 2013, in accordance with CEQA Guidelines Section 15082(c)(1), the City held a public scoping meeting to obtain comments from interested parties on the scope of the Draft EIR. H. The City's consultants thereafter prepared, in accordance with State CEQA Guidelines Section 15168, a Draft EIR for the proposed Project (State Clearinghouse Number 2013061012). I. Upon completion of the Draft EIR in March 2015, the City initiated a public comment period by filing a Notice of Completion with the State Office of Planning and Research on April 1, 2015. The public comment period commenced via the State Clearing House from April 2, 2015 through May 18, 2015. A Notice of Completion and Recirculation of a Draft EIR was also sent to adjacent property owners indicating a review period of May 19, 2015 through July 6, 2015. Copies of the documents have been available for public review and inspection at the City of Temecula Community Development Department, Planning Division, located at 41000 Main Street; the Temecula Public Library located at 30600 Pauba Road; the Temecula Grace Mellman Community Library located at 41000 County Center; the City of Temecula website; and the Envision Jefferson Avenue website. The City also published a Notice of Availability for the Draft EIR on April 4, 2015 in the San Diego Union -Tribune, a newspaper of general circulation in the City. J. In response to the Draft EIR, written comments were received from various agencies, individuals, and organizations. The City responded to all written comments. Those comments and the responses thereto are included as part of the Final Environmental Impact Report/Response to Comments document ("Final EIR"). The Final EIR consists of the Draft EIR, Comments and Responses to Comments, the -2- 11086-0006\1892276v2.doc Mitigation Monitoring and Reporting Program, and the Errata listing changes made to the Draft EIR in response to comments. K. 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. L. On October 21, 2015 and November 4, 2015, at duly noticed public hearings as prescribed by law, the Planning Commission considered the proposed Project and any comments received prior to or at the public hearing, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project and the EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Project, on November 4, 2015, the Planning Commission adopted Resolution No. 15- recommending that the City Council certify the Final EIR prepared for the proposed Project, adopt Findings pursuant to the California Environmental Quality Act, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the proposed Project. M. All legal preconditions to the adoption of this Resolution have occurred. SECTION 2. Recommendation Regarding Ordinance. Following consideration of the entire record of information received at the public hearing, including the staff reports and public comments, the Planning Commission of the City of Temecula hereby recommends that the City Council adopt Ordinance 15- , entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE UPTOWN JEFFERSON SPECIFIC PLAN, AMENDING THE TEMECULA ZONING CODE REGARDING APPROVED SPECIFIC PLAN ZONES, AMENDING THE TEMECULA ZONING MAP, AND AMENDING THE ADULT BUSINESS OVERLAY ZONE TO ELIMINATE THE UPTOWN JEFFERSON SPECIFIC PLAN AREA", in the form attached to this resolution as Exhibit "A", attached hereto, and incorporated herein by this reference. SECTION 3. Recommendation Regarding Resolution. Following consideration of the entire record of information received at the public hearing, including the staff reports and public comments, the Planning Commission of the City of Temecula further recommends that the City Council adopt Resolution No. , entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE LAND USE ELEMENT, THE LAND USE POLICY MAP, THE CIRCULATION ELEMENT, AND THE COMMUNITY DESIGN ELEMENT OF THE GENERAL PLAN IN CONFORMITY WITH THE UPTOWN JEFFERSON SPECIFIC PLAN", in the form attached to this resolution as Exhibit "B" attached hereto, and incorporated herein by this reference. -3- 11086-0006 \1892276v2.doc PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Temecula this 4th day of November, 2015. Lanae Turley-Trejo, Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the City of Temecula, do hereby certify that the foregoing Resolution No. 2015- was duly introduced at a meeting of the Planning Commission of the City of Temecula on the 4th day of November, 2015, and said Resolution was duly adopted by the Planning Commission of the City of Temecula on the 21st clay of October, 2015, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: -4- 11086-0006\1892276v2.doc Luke Watson Secretary EXHIBIT "A" ORDINANCE NO. -5- 11086-0006\1892276v2.doc ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY OF TEMECULA ADOPTING THE UPTOWN JEFFERSON SPECIFIC PLAN, AMENDING THE TEMECULA ZONING CODE TO ADD THE UPTOWN JEFFERSON SPECIFIC PLAN TO THE APPROVED SPECIFIC PLAN ZONES, AMENDING THE TEMECULA ZONING MAP TO REFLECT THE UPTOWN JEFFERSON SPECIFIC PLAN, AND AMENDING THE ADULT BUSINESS OVERLAY ZONE TO ELIMINATE THE UPTOWN JEFFERSON SPECIFIC PLAN AREA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals and Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Uptown Jefferson Specific Plan ("Specific Plan") has been initiated and prepared on behalf of the City of Temecula. The Specific Plan area is approximately 2.3 miles long and encompasses approximately 560 acres. The Specific Plan area is located north of Rancho California Road, west of Interstate 15, south of Cherry Street, and east of Diaz Road. The Specific Plan area is divided into six zoning districts: Uptown Center District, Uptown Hotel/Tourism District, Uptown Sports/Transit District, Uptown Arts District, Creekside Village District and the Murrieta Creek Recreation and Open Space District. In addition, there are two overlay zones: Creekside Village Commercial Zone and the Wilder Hills Residential Overlay Zone. It is projected that approximately 5.5 million square feet of new development could be constructed in the Specific Plan area within twenty years. This includes approximately 1.7 million square of feet of commercial development, 315 new hotel rooms and 3,726 new residential dwelling units. B. On October 18, 2011, December 6, 2011, February 2, 2012, April 5, 2012, June 14, 2012, and July 19, 2012, the City conducted Community Visioning Workshops to provide information about the Specific Plan and to craft a community driven vision and set of policy directions that would provide the City with a clear focus for developing policies and standards for the Specific Plan. C. The adoption of the Specific Plan also includes a General Plan Amendment, a Zoning Code Amendment to add the Specific Plan area, a Zoning Map Amendment to change the zoning classification of the properties located within the Specific Plan area, and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone (collectively referred to as the "proposed Project"). D. The proposed Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the -1- 11086-0006\1892270v2.doc California Environmental Quality Act, Public Resources Code § 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs. § 15000 et seq. (collectively referred to as "CEQA"). Pursuant to CEQA, the City is the lead agency for the Specific Plan, as the public agency with both general governmental powers and the principal responsibility for implementing the Specific Plan. E. A Draft Environmental Impact Report ("Draft EIR"), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the proposed Project in accordance with CEQA. Upon completion of the Draft EIR in March 2015, the City initiated a public comment period by filing a Notice of Completion with the State Office of Planning and Research on April 1, 2015. The public comment period commenced via the State Clearing House from April 2, 2015 through May 18, 2015. A Notice of Completion and Recirculation of a Draft EIR was also sent to adjacent property owners indicating a review period of May 19, 2015 through July 6, 2015. Copies of the documents have been available for public review and inspection at the City of Temecula Community Development Department, Planning Division, located at 41000 Main Street; the Temecula Public Library located at 30600 Pauba Road; the Temecula Grace Mel!man Community Library located at 41000 County Center; the City of Temecula website; and the Envision Jefferson Avenue website. F. On October 21, 2015 and November 4, 2015, the Planning Commission held duly noticed public hearings to consider the proposed Project, including the Specific Plan, the General Plan Amendments, the Zoning Code Amendments and Zoning Map Amendment,- and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone. City staff presented a report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project, the EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations. At the conclusion of the November 4, 2015 Planning Commission hearing and after due consideration of the entire record before the Planning Commission, including both an oral and written staff report and public comment, the Planning Commission adopted Resolution No. entitled "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY OF TEMECULA ADOPTING THE UPTOWN JEFFERSON SPECIFIC PLAN, AMENDING THE TEMECULA ZONING CODE TO ADD THE UPTOWN JEFFERSON SPECIFIC PLAN TO THE APPROVED SPECIFIC PLAN ZONES, AMENDING THE TEMECULA ZONING MAP TO REFLECT THE UPTOWN JEFFERSON SPECIFIC PLAN, AND AMENDING THE ADULT BUSINESS OVERLAY ZONE TO ELIMINATE THE UPTOWN JEFFERSON SPECIFIC PLAN AREA" AND A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE LAND USE ELEMENT, THE LAND USE POLICY MAP, THE CIRCULATION ELEMENT, AND THE COMMUNITY DESIGN ELEMENT OF THE GENERAL PLAN IN CONFORMITY WITH THE UPTOWN JEFFERSON SPECIFIC PLAN." G. On November 17, 2015, the City Council of the City of Temecula considered the proposed Project including the Specific Pian, the General Pian -2- 11086-0006\ 1892270v2.doc Amendments, the Zoning Code Amendments and Zoning Map Amendment, and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone the Draft EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The City Council considered all the testimony and any comments received regarding the proposed Project, the Draft EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations prior to and at the public hearing. H. On November 17, 2015, the City Council adopted Resolution No. 15-, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE LAND USE ELEMENT, THE LAND USE POLICY MAP, THE CIRCULATION ELEMENT, AND THE COMMUNITY DESIGN ELEMENT OF THE GENERAL PLAN IN CONFORMITY WITH THE UPTOWN JEFFERSON SPECIFIC PLAN" which amended the Land Use Element Map of the Temecula General Plan to change the land use designations of parcels within the Uptown Jefferson Specific Plan area from Community Commercial (CC), Service Commercial (SC), Highway Tourist Commercial (HT), Business Park (BP), Industrial Park (IP), Public Institutional (PI), and Open Space Conservation (OS -C) to Specific Plan Implementation. Pursuant to Resolution No. 15- , the City Council also amended the Land Use Element text of the Temecula General Pian by adding the description of the Uptown Jefferson Specific Plan and removing the Jefferson Avenue Mixed Use Overlay Area. I. Following consideration of the entire record of information received at the public hearing, the City Council adopted Resolution No. 15- entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE UPTOWN JEFFERSON SPECIFIC PLAN AND RELATED ACTIONS, AND ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION WITH THE ADOPTION OF THE UPTOWN JEFFERSON SPECIFIC PLAN" certifying and adopting the Final EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations. The Final EIR and Mitigation Monitoring and Reporting Program accurately address the impacts associated with the adoption of the Ordinance. SECTION 2. Legislative Findings. Based on the evidence and all other applicable information presented, the City Council makes the following findings regarding the Specific Plan: A. The Specific Plan will comply with the requirements of California Government Code section 65451 based on the following: (1) The Specific Plan contains diagrams and text which specify in detail the distribution, location, and extent of the uses of land, including -3- 11086-0006\1892270v2.doc open space, within the area covered by the plan (pages 3-1 through 3-23 of Specific Plan). (2) The Specific Plan contains diagrams and text which specify in detail the proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan (pages 6-1 through 6-21 of Specific Plan). The Specific Plan contains diagrams and text which specify in detail the standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable (pages3-19 through 3-23 of Specific Plan). (3) (4) The Specific Plan contains a program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and (3) above (pages 7-1 through 7-19 of Specific Plan). The Specific Plan includes a statement of the relationship of the Specific Plan to the General Plan (pages 2-1 and 2-3 of Specific Plan). (5) B. Pursuant to Temecula Municipal Code Section 17.16.020(E), the City Council in adopting the Specific Plan finds determines and declares that: (1) The proposed specific plan is consistent with the General Plan and development code. The Specific Plan is consistent with the direction, goals and policies of the General Plan, as amended. The Specific Pian implements the goals and policies of the City's General Plan, provides balanced and diversified land uses, and imposes appropriate standards and requirements with respect to land development and use in order to maintain the overall quality of life and the environment within the City. The goals and policies in the Land Use Element of the General Plan encourage "a complete and integrated mix of residential, commercial, industrial, public and open space land uses (Goal 1)," and "a City of diversified development character where rural and historical areas are protected and co -exist with newer urban development (Goal 2)." The Specific Plan will assist in implementing these goals by establishing neighborhoods that are upscale and culturally robust, each with a distinct character and identity, offering a mix of homes, shops, offices, restaurants and other locally -serving uses. The Specific Plan's land use mix that will include commercial, retail and residential uses, -4- 11086-0006\1892270v2.doc public open space amenities and intentional pedestrian -orientated design of streets and sidewalks will maximize the connectivity of the area. The Specific Plan establishes six zoning districts which are based upon current and historical uses in order to cultivate a unique character for each area. This will ensure that locally -owned and operated business and services will continue to thrive, side-by-side with the new wave of entrepreneurial ventures. The Specific Plan is consistent with the City's development code, as amended by this Ordinance. The Specific Plan area is properly planned and zoned and is physically suitable for the type of proposed uses contemplated in the area. (2) The proposed Specific Plan would not be detrimental to the public interest, health, safety, convenience or welfare of the City. The City has engaged in extensive studies and review of the potential impacts of the Specific Plan as well as the various potential benefits to the City by the development of the Specific Plan and concluded that the Specific Plan is in the best interests of and is not detrimental to the health, safety and general welfare of the City. Although many of the businesses within the Specific Plan area are still economically -vibrant and provide vital services to the community, the area has since been overshadowed by new development and private investment in other parts of the City. As a result, the Specific Plan seeks to spark the revitalization of the area which is critical to its long term future and will promote economic longevity which is in the public health, safety and welfare. The Specific Plan was reviewed and determined to be in conformance with the City's General Plan, as amended. These documents set policies and standards that protect the health, safety and welfare of the community. In addition, the Specific Plan establishes specific building design guidelines and standards that ensure compatibility and interface with the surrounding community in terms of density, design and circulation. Therefore, the Specific Plan is compatible with the health, safety and welfare of the community. (3) The subject property is physically suitable for the requested land use designations and the anticipated land use developments. There are no physical constraints of the Specific Plan area which would preclude or prohibit the requested land use designations or anticipated developments. Moreover, the Specific Plan land uses are consistent with the land uses of the General Plan, as amended, and will serves as the tool to regulate and implement the goals and policies of the General Plan. The Specific Plan area benefits from a range of assets including Murrieta Creek and nearby open spaces, lush hillside views, and convenient -5- 11086-0006\1892270v2.doc freeway accessibility. The Specific Plan area is physically suitable for proposed land use designations because it will maintain 240 acres as open space, and will encourage public and private investment in the development of world class walking and biking trails, public open spaces and passive recreation spaces. The Specific Plan will also promote in -fill development in the older commercial and industrial centers to revitalize the area. (4) The proposed Specific Plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. The Specific Plan is a form -based code which emphasizes the physical form of buildings to foster predictable built results as the organizing principle for the code, rather than focusing on the strict separation of uses. Under a form -based code, buildings are constructed in a manner that yield flexibility in building form and design, allowing for land uses to fluctuate as a result of the changing economic landscape. The form -based code will employ the combination of both building forms and building frontages to create a pedestrian scaled -urban environment, and encourage mixed-use development in an urban setting. Additionally, the development of six separate districts will encourage the development of the distinct areas based upon current and historical uses in order to cultivate a unique character for each district. The Specific Plan is compatible with surrounding land uses. The current land uses north, east and west of the Specific Plan area consist primarily of commercial and industrial uses. The current land uses to the south of the Specific Plan area consist of predominately tourist service development. The Specific Plan would provide for a mix of land uses including commercial, and residential uses. Northwest and northeast of the proposed Project area is open space. The Specific Plan would maintain approximately 240 -acres zoned Open Space -Conservation. The Specific Plan area is adjacent to Murrieta Creek, but would preserve the open space designation that surrounds the creek. SECTION 3. Adoption of Specific Plan. The City Council of the City of Temecula hereby adopts the Uptown Jefferson Specific Plan. The Specific Plan is on file in the City Clerk's office and is incorporated herein by reference as though set forth in full, SECTION 4. Zoning Code Amendment. A. Section 17.16.070 (Approved specific plans) of Chapter 17.16 (Specific Plan Zoning District SP-) of Title 17 (Zoning) of the Temecula Municipal Code is amended to add the following Specific Plan area: -6- 11086-0006\1892270v2.doc "SP -14 Uptown Jefferson" SECTION 5. Zoning Map Amendment. The City Council hereby amends the Zoning Map of the City of Temecula to add the zoning classification "Uptown Jefferson Specific Plan" to the Zoning Map as shown on Exhibit A to this Ordinance incorporated herein by this reference as though set forth in full. SECTION 6. Adult Business Overlay Zone Amendment. A. Legislative Findings (1) The City Council seeks to remove the parcels located in the Specific Plan area from the boundaries of the Adult Business Overlay Zone which is identified as Special Use Overlay No. 1 ("Overlay Zone"). (2) It is not the intent of this Ordinance to suppress any speech activities protected by the First Amendment, but rather to address the adverse secondary effects of adult businesses. It is further the intent and purpose of this Ordinance to reduce the secondary effects of adult businesses upon the residential uses that will be located within the Specific Plan area. (3) The City Council finds that adult businesses tend to attract prostitution, drug use, crime, noise, and disorderly conduct. Adult businesses also reduce property values for the surrounding businesses and residences, and contribute to blight and the downgrading of the areas in which they are located or surrounding areas. (4) The City Council finds that the protection and preservation of the public health, safety and welfare require that certain distances be maintained between adult businesses and residential uses. Temecula Municipal Code section 17.08.020 provides that the intent of the Overlay Zone is "to designate areas that adult businesses may be considered" and that this area is "generally away from residential uses and other sensitive uses and is primarily located within the commercial districts." The Specific Plan area will include a mix of residences, shops, offices, restaurants and other locally -serving uses. The Specific Plan contemplates that the residential uses will be integrated with the other uses to activate the area during the day, evenings and weekends. The Specific Plan seeks to encourage live/work arrangements, and mixtures of compatible, pedestrian -orientated retail, office, public facilities, open space, and house at activity nodes through urban design standards. The City Council hereby finds that the secondary -7- 11086-0006\1892270v2.doc (5) effects of adult businesses would not be appropriate so close to the residential uses that will be located in the Specific Plan area. The secondary effects associated with adult businesses would not be compatible with the residential uses and would be disrupted to the residents of Specific Plan area. The City Council further finds that the removal of parcels located in the Specific Plan area from the boundaries of the Overlay Zone will allow adequate sites for adult businesses to locate in the City. City staff has advised that 426 commercially -zoned parcels would remain available for adult businesses after removing the parcels in the Specific Plan area from the Overlay Zone. All of those commercially -zoned parcels have adequate access to appropriate infrastructure (e.g., utilities, roads, and sidewalks). In addition, City staff has indicated that a number of the available parcels are actually vacant commercial spaces. Even in light of the 1,000 -foot buffer between adult uses, which are required by Temecula Municipal Code section 5.09.040, approximately 13 adult businesses could simultaneously locate in the Overlay Zone after it is amended to exclude the Specific Plan area from its boundaries. Given the size of the City and the fact that the City does not have a single adult business operating within its borders at this point, the available sites are adequate and are part of the real estate market. (6) The City Council further finds that there are an adequate number of sites that are within the real estate market to provide a reasonable opportunity for adult businesses to be located in the City. The City has a total population of 106,780. 1.8 percentage of land in the City is theoretically available to adult businesses. In addition, there are 13 sites that are potentially available for adult uses. Currently, there are no businesses that wish to offer adult entertainment in the City. Since its inception, the City has never received an application for an adult business. B. Amendment Section 17.08.020 (H) (Description of commercial/office/industrial districts.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is amended to add: "Special Use Overlay Zone No. 1 is depicted on the map attached as Exhibit B to Ordinance No. 15- -, and is incorporated herein by this reference as though set forth in full." -8- 11086-0006\1892270v2.doc Section 17.08.030 (Use regulations.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is amended as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use A NC CC HTC SC PO BP LI Adult Businesses -subject to Chapter 5.09 of the Temecula Municipal Code' 7. Only within Special Overlay Zone No. 1 as described and depicted in Ordinance No. 15 - SECTION 7. Consistency with General Plan The foregoing amendments outlined in Sections 4, 5, and 6 above are consistent with the goals and policies of the General Plan for the City of Temecula. SECTION 8. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect. SECTION 9. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. SECTION 10. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. -9- 11086-0006\ 1892270v2. doc EXHIBIT "A" Zoning Map -10- 11086-0006\ 1892270v2.doc Zoning Map City of Temecula EIlec9ve Daae August 9, 2005 •, -..,y.�...K.. r..`oa.-w.+a - aEwetm�iaa Nak • Pvas,....msy ins ▪ POW Psin *Ravenna, iv. Open Dpace Cannavino, 104. -..;. Pp.n Sy[e Pmwraen s.. u..sa.�PSPsw Fluted P..ay:.n Pala EXHIBIT B Special Use Overlay Zone No. 1 -11- 11086-0006\1892270v2.doc • 0. a <1 44 ya L1, `•V T+ tiw TY DR Z 0 4 .3� SPECIAL USE OVERLAY June 2015 Special Use Overlay Zone No. 1 City Parcels 0 500 1,000 2,000 I 'oI e lc 0 Q ? y 3 I i /fU4yDQ0 CIR s� '� G� ax -Erie. VNO Dp D 8h k R z r - pyNEHO�OR ,tea o. S§W p . . Y. T1401. 6.14 - o- .. fl 7#0 :,=• , 1,00////fro � �Ft vL �w- • 0IL1 R". .ntin f cAuc pAHTq 1 �]r IHIIh-VGI C Lf 6' RARTfi yr-` r cY CALL' Ci 4S fpF AVENIOA CAAA DEL SOL' ; 'r inn PUESTAOEL EXHIBIT "B" CITY COUNCIL RESOLUTION NO. -6- 11086-0006\ 1892276v2.doc RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE LAND USE ELEMENT, THE LAND USE POLICY MAP, THE CIRCULATION ELEMENT, AND THE COMMUNITY DESIGN ELEMENT OF THE GENERAL PLAN IN CONFORMITY WITH THE UPTOWN JEFFERSON SPECIFIC PLAN THE TEMECULA CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES: SECTION 1. Recitals and Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Uptown Jefferson Specific Plan ("Specific Plan") has been initiated and prepared on behalf of the City of Temecula. The Specific Plan area is approximately 2.3 miles long and encompasses approximately 560 acres. The Specific Plan area is located north of Rancho California Road, west of Interstate 15, south of Cherry Street, and east of Diaz Road. The Specific Plan area is divided into six zoning districts: Uptown Center District, Uptown Hotel/Tourism District, Uptown Sports/Transit District, Uptown Arts District, Creekside Village District and the Murrieta Creek Recreation and Open Space District. In addition, there are two overlay zones: Creekside Village Commercial Zone and the Wilder Hills Residential Overlay Zone. It is projected that approximately 5.5 million square feet of new development could be constructed in the Specific Plan area within twenty years. This includes approximately 1.7 million square of feet of commercial development, 315 new hotel rooms and 3,726 new residential dwelling units. B. The adoption of the Specific Plan also requires a General Plan amendment, a zoning code amendment to add the Specific Plan area, a zoning map amendment to change the zoning classification of the parcels located within the Specific Plan area, and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone (collectively referred to as the "Project"). C. The General Plan Amendment encompasses 1) an amendment to the Land Use Element incorporating the description of the Uptown Jefferson Specific Plan, adding Uptown Jefferson Specific Plan to the Approved Specific Plan Areas (Table LU - 4), removing Jefferson Avenue Mixed Use Area from the Land Use Focus Areas (Figure LU -5) and Mixed Use Overlay Areas (Table LU -6), and amending the Land Use Policy Map (Figure LU -3), 2) an amendment to the Community Design Element incorporating the description of Uptown Jefferson Specific Plan to the text of the Community Design Element, amending the Community Design Plan (Figure CD -1) by removing Mixed Use Overlay Area No. 1, identifying the intersections of Winchester Road/Jefferson Avenue, Overland Drive/Jefferson Avenue, and Del Rio/Jefferson Avenue as focal intersections, and identifying Jefferson Avenue for a major streetscape improvements, and 3) an amendment to the Roadway Plan (Figure C-2) of the Circulation Element of the General -1- 1108 6-0006\ 1891916v2. doc Plan by changing the classification of Jefferson Avenue, north of Winchester Road, from a Principal Arterial (6 -lane divided) to a Major Arterial (4 -lane divided), collectively referred to as the "General Pian Amendment." D. On October 21, 2015 and November 4, 2015, the Planning Commission held public hearings to consider whether to recommend the adoption of the Specific Plan, the General Plan Amendment, zoning code admendments, and zoning map amendments, and certification of the Final EIR. On November 4, 2015, after due consideration of the entire record before the Planning Commission, and after due consideration of the testimony regarding the proposed amendments, the Planning Commission adopted Resolution No. 15- recommending, in part, that the City Council approve the General Pian Amendment including: amending the Land Use Element, the Land Use Policy Map, the Community Design Element, and the Circulation Element to create consistency between the Specific Pian and the City's General Plan. E. On November 17, 2015, the City Council held a public hearing to review the Project pursuant to the California Environmental Quality Act, Cal. Pub. Res. Code § 21000 et seq. ("CEQA"), and the State CEQA Guidelines, 14 C.C.R. § 15000 et seq. F. Upon the close of the public hearing, the City Council adopted Resolution No. 15- , certifying the Final Environmental Impact Report ("Final EIR"), adopting Findings pursuant to CEQA, adopting a Statement of Overriding Considerations, and adopting a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 15- and the findings therein are hereby incorporated by this reference as though set forth in full. G. On October 13, 2015, the City Council of the City of Temecula considered the proposed Project including the Specific Pian, the General Plan Amendments, the Zoning Code Amendments and Zoning Map Amendment, the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone the Draft EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The City Council considered all the testimony and any comments received regarding the proposed Project, the Draft EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations prior to and at the public hearing. H. All legal preconditions to the adoption of this Resolution have occurred. SECTION 2. Legislative Findings. The City Council, in approving the General Plan Amendment hereby further finds, determines and declares that: (1) The General Plan Amendment is in the public interest; The General Pian Amendment, which will establish the Specific Plan area, is in the public interest. The Specific Pian area includes much of the oldest commercial development in the City. At one time, the Specific Plan area was vibrant and bustling with activity. Although many of the -2- 11086-0006\ 1891916v2.doc businesses within the Specific Plan area are still economically -vibrant and provide vital services to the community, the area has since been overshadowed by new development and private investment in other parts of the City. As a result, the Specific Plan seeks to spark the revitalization of the area which is critical to its long term future and will promote economic longevity which is in the public interest. (2) The General Plan Amendment is compatible with the health, safety and welfare of the community; The General Plan Amendment is compatible with the health, safety, and welfare of the community. The City has engaged in extensive studies and review of the potential impacts of the Specific Plan as well as the various potential benefits to the City by the development of the Specific Plan and concluded that the Specific Pian is in the best interests of and is not detrimental to the health, safety and general welfare of the City. The Specific Plan was reviewed and determined to be in conformance with the City's General Pian, as amended. These documents set policies and standards that protect the health, safety and welfare of the community. In addition, the Specific Plan establishes specific building design guidelines and standards that ensure compatibility and interface with the surrounding community in terms of density, design and circulation. Therefore, the Specific Plan is compatible with the health, safety and welfare of the community. (3) The General Plan Amendment is compatible with existing and surrounding uses; The proposed General Plan Amendment is compatible with surrounding land uses. The current land uses north, east and west of the Specific Plan area consist primarily of commercial and industrial uses. The current land uses to the south of the Specific Pian area consist of predominately tourist service development. The Specific Plan would provide for a mix of land uses including commercial, and residential uses. Northwest and northeast of the proposed Specific Plan area is open space. The Specific Pian would maintain approximately 240 -acres zoned Open Space - Conservation. The Specific Plan area is adjacent to Murrieta Creek, but would preserve the open space designation that surrounds the creek. (4) The amendments will not have an adverse effect on the community and are consistent with the goals and policies of the adopted General Plan; The proposed General Plan Amendment is consistent with the direction, goals and policies of the General Plan. The General Plan amendments will establish the Specific Plan area which will implement the goals and policies of the City's General Plan, provide balanced and diversified land -3- 11086-0006\ 1891916v2.doc uses, and impose appropriate standards and requirements with respect to land development and use in order to maintain the overall quality of life and the environment within the City. The goals and policies in the Land Use Element of the General Plan encourage "a complete and integrated mix of residential, commercial, industrial, public and open space land uses (Goal 1)," and "a City of diversified development character where rural and historical areas are protected and co -exist with newer urban development (Goal 2)." The General Plan Amendment establishing the Specific Plan area will assist in implementing these goals by establishing neighborhoods that are upscale and culturally robust, each with a distinct character and identity, offering a mix of homes, shops, offices, restaurants and other locally -serving uses. The Specific Plan's land use mix will include commercial, retail and residential uses, public open space amenities and Intentional pedestrian -orientated design of streets and sidewalks that will maximize the connectivity of the area. The Specific Plan establishes six zoning districts which are based upon current and historical uses in order to cultivate a unique character for each area. This will ensure that locally - owned and operated business and services will continue to thrive, side-by- side with the new wave of entrepreneurial ventures. The proposed General Plan Amendment will result in compatible future development, which will meet the recommended land use and circulation pattern, maximum density and intensity of development, a desired mix of uses and other factors consistent with the goals and policies of the General Plan. SECTION 3. Amendment to the Land Use Element. The Land Use Element of the General Plan is hereby amended by adding the description of the Uptown Jefferson Specific Plan and the Specific Plan Implementation to the text of the Land Use Element and adding Uptown Jefferson Specific Plan to the Approved Specific Plan Areas (Table LU -4), and removing Jefferson Avenue Mixed Use Area from the Land Use Focus Areas (Figure LU -5) and Mixed Use Overlay Areas (Table LU -6) as provided in Exhibit "A," attached hereto and incorporated herein by this reference as though set forth in full. SECTION 4. Amendment to the Land Use Policy Map. The Land Use Policy Map Figure LU -3 in the Land Use Element of the General Plan is hereby amended to include the Uptown Jefferson Specific Plan Areaas provided in Exhibit "B," attached hereto incorporated herein by this reference as though set forth in full. SECTION 5. Amendment to the Community Design Element. The Community Design Element is hereby amended by adding the description of Uptown Jefferson Specific Plan to the text of the Community Design Element, amending the Community Design Plan (Figure CD -1) by removing Mixed Use Overlay Area No. 1, identifying the intersections of Winchester Road/Jefferson Avenue, Overland Drive/Jefferson Avenue, and Del Rio/Jefferson Avenue as focal intersections, and identifying Jefferson Avenue for a major streetscape improvements as provided in Exhibit "C," attached hereto incorporated herein by this reference as though set forth in full. -4- 11086-0006\ 1891916v2.doc SECTION 6. Amendment to the Circluation Element. The Roadway Plan (Figure C-2) of the Circulation Element of the General Plan, is hereby amended by changing the classification of Jefferson Avenue, north of Winchester Road, from a Principal Arterial (6 -lane divided) to a Major Arterial (4 -lane divided) as provided in Exhibit "D," attached hereto incorporated herein by this reference as though set forth in full. SECTION 7. City Manager Authorization. The City Manager is hereby authorized and directed to take all steps necessary to implement these amendments. SECTION 8. Consistency with General Plan. The Land Use, Circulation and Community Design Elements of the General Plan, as amended by this Resolution, are consistent with the other Elements of the General Plan in conformity with Government Code section 65300.5. Insofar as other portions of the General Plan need to be revised to effectuate General Plan Amendment, the City Clerk is hereby authorized and directed to make all necessary revisions to effectuate this amendment. SECTION 9. Effective Date. This Resolution shall be effective upon the effective date of Ordinance No. 15- , "AN ORDINANCE OF THE CITY OF TEMECULA ADOPTING THE UPTOWN JEFFERSON SPECIFIC PLAN, AMENDING THE TEMECULA ZONING CODE REGARDING APPROVED SPECIFIC PLAN ZONES, AMENDING THE TEMECULA ZONING MAP, AND AMENDING THE ADULT BUSINESS OVERLAY ZONE TO ELIMINATE THE UPTOWN JEFFERSON SPECIFIC PLAN AREA". SECTION 10. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. -5- 11086-0006\ 18 91916v2. doc EXHIBIT A The Land Use Element Text Changes -6- 11086-0006\1891916v2.doc I l important economic and environmental relationships to both the City and area residents. However, properties within this designation may not be subject to City or County planning, zoning, and building regulations. Cooperative efforts between the City, County, and local Tribal Governments are important to ensuring that areawide issues are appropriately addressed to the benefit of all local residents. RC - RECREATION COMMERCIAL OVERLAY Intensity Range: Varies Target Intensity: N/A The Recreation 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 uses of regional interest that draw visitors from throughout the City and region. Permitted uses include commercial recreation, conference centers, golf courses, clubhouses, hotels, resorts (including fractional ownership units), restaurants, parks, camp grounds, open spaces and community facilities. Restaurants, hotels, and resort uses are accessory to the underlying open space uses. SPI - SPECIFIC PLAN IMPLEMENTATION -(Formatted: Left Imensira R.ur""e: Varies +�' � Formatted: Font: Felix Titling, Bold IFtresistta•- Varies The Specific Plan Implementation (SPI) designation may be applied to areas within the City which have an approved Specific Plan. This designation allows for a variety of land uses which include both residential and non-residential uses. Geographic areas designated SPI typically allow for mixed use development as specified by the approved specific plan. TARGET DENSITIES AND INTENSITIES For various reasons, many parcels in the community have not been developed to their maximum density or intensity. Future development is expected to occur at the target level of density or intensity stated in Table LU -1 for each land use designation. For LI I 1 I L L:t I NLK \ t L \ SPECIFIC PLANS Many areas within the City and Planning Area are subject to the plans, policies and implementation measures of currently adopted or anticipated future Specific Plans. The purpose of Specific Plans is to provide comprehensive planning of large areas consistent with the General Plan. A Specific Plan area designation is used to identify 25 such areas within the Temecula Planning Area, which because of size, location, and/or special development opportunities require a coordinated and comprehensive planning approach (see Figure LU - 1). In identified Specific Plan areas of 100 or more acres, approval of a Specific Plan is required prior to approval of any discretionary land use entitlement or issuance of any building or grading permit. In some areas, Village Center Plans, which allow greater intensities, can also be used. Planned development overlays can be used for smaller areas. Specific Plans must be prepared in accordance with the requirements of Section 65451 of the California Government Code and the City's Development Code, which contains some additional requirements tailored to meet local needs and conditions. Designated areas will require detailed plans indicating land uses, circulation, major infrastructure and facilities, open space and parks, and appropriate implementation measures. All Specific Plans will be evaluated for consistency with the goals, policies, plans and programs of the General Plan. Approved Specific Plan Areas — As shown in Table LU -4, a total of 24 Specific Plans have been approved within the planning area as of October 2015. Specific Plan documents for each of these areas are available for reference at the City Planning Department. Approved land uses for each Specific Plan are shown on the Land Use Policy Map. (1 I I Y I- 1 L \1 L ll L \ G L\ E R \ L I LI 18 TABLE LU4 APPROVED SPECIFIC PLAN AR As Label in Fig. LU- 3 Adopted Specific Plan Location Description/Objectives General Plan Land Uses Acres SP -9 Redhawk South of Vail Rands SP Pre-mcorpomtion Specific Plan approved in 1988 including residential and commercial/industrial development. I.M, M, Pl, OS 1,261 SP -10 Vail Ranch South of Temecula Creek, between Margarita and Butterfield Stage Roads, Pre -incorporation Specific Plan approved in 1988 including residential and commercial/industrial development. L\1, Pl, OS, HT, IP 628 SP -11 Roripaugh Ranch Along Butterfield Stage Road in the northeast corner of the City. To develop a master planned residential community providing a variety of housing types suited to the terrain and sensitive to natural la [idioms. The maximum density is not to exceed an average of three dwelling units per acre. Future development should protect sensitive natural resources of the area. 1, L\•I, \I, NC, OS, PI 792 SP -12 Wolf Creek Southern portion of the City, along Pechanga Parkway. To provide a balance of uses with commercial and public uses serving the surrounding area, Intended to be a village center in the southeast portion of the City. 1-M, NC, CC, PI, OS, \I 551 SP -13 Hanveston Between Margarita Road, and 1-15, along City limits. To provide a mix of land uses with higher density residential close to commercial and employment uses, and to provide open space links between residentiat,pubhc and commercial uses. 1\I, M, H, SC, PI, OS 557 .aI'-I1 t !mown lr lh:.a'O'-uchi,t llnmrho 1..jin1111.11• n -It tiiutr.1.51-.u6V limo. IL,. kiln -emit 6. ausarrouy: .1 tic LCL II' PI tri ii= 11,111 i ,cid •. lb a.auLar-.1 1.t l3,l na' I��ilL 11t. LiII1al:terI 11111 Iplu.i Hi fill nula atm ..t.i..vinfirm fituilr,rk uriil ,, 1.411,t11W. nuLlaudl .rtLa0llra.L alfil ntlr(aalan- ai.l21i'5I go - 4 ha r ft. LAI,. widaa+E.>:l l n.yvmrti tn-01, -IMO., wl,P"nxl In a. aluht. 1...3.d IJra.4,1l...t tit lal inirbit.401.1rl rtrrn. rl. anil-. MAI ftµl_k xr naaa n atn1.1). lir n. -- .PDO -4 PDO -5 Temecula Creek Village Rancho Pueblo :\long SR -79 South, between)edediah Smith Road and Margarita Road. To achieve comprehensively planned mixed-use developments with compatible/complementary matures of office, support commercial, residential, and ssen•ices. PO 33 49 Sphere oflneerne* #184 Rancho Bella Vista North of \turdeta Hot Springs Road and the City limit To provide a rrndraii l piatnud almrummy that ptaircis lhr lanrltral . s.autees of Skunk I-lulktn- and lallwde arrear, psi v.dc a roil .cif r tosie+mal tlrnaitln sunnexlyd la a aattipiaxn open gaacr .0-lein, and fink% IC, sllmmit LAI, PI, OS 797 TABLE LU -6 MD ED USE OVERIr'IY AREAS Mixed Use Overlay Areas Development Capacity Name Location Residential Units' Non -Residential Square Feet2 Daily Trip Cap (ADT) 111 822 670,000 900,000 15,000 ,\longJcffcr3on .Avcnuc, Lits IIactcndaa Street north of 1. J,ffcrar,.i lvcnuc and South of th, 3hoppmg lncatr,l irra atieffrr4rm Avenue and Winchester Road. 21. Town Center/Tower Plaza North of intersection of Rancho California Road and Ynez Road. 668-1,3373 1,090,000-1,460,000 30,000 32. South of Old Town Service Commercial areas on Front Street south of Santiago Road 94-189 160,000-210,000 6,000 1. Residential range based on 20'.,i.40° ° residential use of site at Zit units per net acre. 2. Tenn -residential range lased on &0°'e.3O , non-residential use of site at 0.35:1 FAR. 3. Senior housing is strongly encouraged as a part of the residential component of the Town Center/Tower Plaza site. PRESERVING RURAL AREAS Mixed use areas and village centers will also be linked via multi -use trails, and regional and local transit service. The City will work with regional planning agencies to ensure that mixed use areas are linked to any future commuter or high speed rail service connecting Temecula to other parts of the region. Rural areas within the planning area are of special economic and aesthetic importance to the City. Community members have considered future land use options within three Rural Preservation Areas, and have expressed a desire to keep these areas rural. Rural Preservation Areas are identified in Figure LU -5, and listed in Table LU -7. LII' I CA\ N Jlif HRSON Clotrwri letter:it in ItILIkLU 11 inch Ili( tI! tJLi1:1,1 Formatted: Font: Felix Titling, 14 pt 1.,11ritncill. and JIICI. L1 in1uitrain.-11:g iIiPup litNionc T(tor,: 1 Il0.(a) 395, \t, 111E4 11 %L• 111: VAICSILI r1ti 1110 It [121LaLL.ii:EIL_IIMLL J.U1[J. 1 41031,1 inierstiice 15. 1 Alatip the the (±i it ..)Er), the, atreA )1 11 Li i.1.1 (11 de; 0111 andel: y1)jL-111 /113,1 A in ILI \\ 31 11 00,1.'10111th i it 'Mil, AlhIIL1t ttlt uLIf -.iltiitI kdit tad LL.1 t141 Jic. mr-or muncfciral lind retail lies =iett nit lin conanunari. Mao.. +.11 do; I within ihe Art nilli CI P111.1 mlicaliy- di v Nit -a 11:{N 1W{"tiawed IP:Ve ii1ll hilldowny raking place i.l.wwlitte in the As it it AUlt. i 1 Lk:pall WI Sed Itii 411111:101.0911V MIK t. v..c.5010 ht. L. FIT 11:21 thLLiRtie:i and the City:: long rk•afl twurc. ii.r(ler1 rinn, 1V,Intl4rAii MAL rill: I.: 1/t1 iwi J ifx,t111 :VCCICK 1 [IAN 1 it,:011 pt d to achieve the community's turiirc \JiI( 111 NITark 41 I id in I nVtg. inn, the area 1-prrtiAn jeffeist111 W111 lir 1eam-4..16's itcwest L'ilestiniiiti in ' Vibirrint sophisticated and unique. the area will rck divcoc mix of residents of all ii„izes. expericaccs and int rests living in eclectic, ,p-and-ctinutig ue,1ibt dal ?lg.. whin ids in Cixiiml lefferst in will provide a unique eXperlellCe. rivalvtil hynti othcr pine in rhc etre 11 reit .1.111: lje1g.111)13thi LLI PL.'S ivill bit.111-SCalt• itid I% ilite. s.^AILI) distinct character and identity offer -111g ipri til ii(mit.s. she iris.1licv, ft:StALIF31111:s and other it italjt- strvlilg uses. Edit htikalay L'111141114:Cil and 1111.t..CCuitilt.:Cted L provti.le expanded moilnlity options t- wodst is and vbitors. adttirton. 11 tl Sr( )1) 47jirkIng ti 1 it id --1.111L CifICRAlf raT ;..1di.W;1111-::, Mid Tt4.-rvo)f10 .;tilew.111.0„ and niulri-ti;m: onuaccg itlIIliistCanil arcoszfr111,-. along !iduinera Creek connect Wive fickls itiJ parks in the: Ili qrhcoi ;aim. ( )10 Town 1[lie the pArk, ti, rlic LL.Vs::LLT. Pir, $11l1142 •N, 11 hill ilttr jitintlily gill it ide ti rItie ;1St 1 Figure LU -4 Specific Plan Areas CITY OF TEMECULA GENERAL PLAN Approved Specific Plans SP- 1 Roripaugh Hills SP- 2 Rancho Highlands SP- 3 Margarita Village SP- 4 Paloma/Paseo Del Sol SP- 5 Old Town SP- 6 Campos Verdes SP- 7 Temecula Regional Center SP- 8 WestsideNillages at Old Town SP- 9 Redhawk SP -10 Vail Ranch SP -11 Roripaugh Ranch SP -12 Wolf Creek SP -13 Harveston SP -14 Uptown Jefferson PDO -4 Temecula Creek Village PDO -5 Rancho Pueblo # 106 Dutch Village # 184 Rancho Bella Vista # 213 Winchester Properties/Silverhawk # 265 Bore! Airpark #284 Quinla Do Lego # 286 Winchester 1800 # 238 Crown Valley Village # 313 Morgan Hill Future Specific Plans Y Specrfic Plan Area Y Z Specific Plan Area Z or •i Br Mat. Rd s i4?0 he urriur #106 Influe .-u County of Riverside .eA1 pE w++xnd.A Ad .r Re .e-0 ad Buck Rd 6^. yy y ¢p PDO -5 - 'f • 1 •■• arm.. ^ Temecula City Boundary •� ___ —. Sphere of Influence Boundary ,4+[{ sr._ar.-.tity Planning Area Source: Temecula GIS and Cotton/Bridges/Associates N 0 5,000 hung renAlnm.n 10)00 Fee Miles IH 1-1 H H I 0 2 1 Figure LU -5 Land Use Focus Areas CITY OF TEMECULA GENERAL PLAN Legend OEM Mixed Use Overlay Areas Rural Preservation Areas Future Growth Area Temecula City Boundary Sphere of Influence Boundary Planning Area Source: Temecula GIS and Cotton/Bridges/Associates County of Riverside Sp.cn.N Jean Nickolas Rd Buck Rd k\L. 1 1 0 5,000 10;000 Feet Miles 0 1 2 I--1 H 1 H H 1 EXHIBIT B The Land Use Policy Map Figure LU -3 -7- 11086-000611891916v2.doc x713.1 Rn Pat Rd 2 t N City of Murrieta Sphere of Influence 2 County of Riverside Shen3JMvi Nd (t.rdrnt O in ■ F010 Rd Sperm Rd Jean Nicholas Rd Bor& Rd mryy 0- l Si.n114t*•. Buck Rd 5.+ - �n 4; M.dM Da Ft+4+Q1 Da Pedota Rd a0CI,enua Enlorfarnmeni CmNor y y l• ..2.3. --r+ r� YMi NORTH 1250 0 2500 5000 500 Feel -,� .wwrverrermvamarm' ��ubdasesw a�a as Adopted April 12, 2005 I Re0sed March 29, 2012 (CC Resolution 12-04) « ..«.5:., R • a;y.-.s+.� -.�-�vs s.�-.r+.v—• Figure LU -3 Land Use Policy Map CITY OF TEMECULA GENERAL PLAN I-1 Sperm Flan ImplMmMatian RESIDENTIAL Eaffi 090330e (001 Ou/Ac Max) - Rural (01-02 DWAc Max) 1-1 Very Low (02-000.0Ac Ma.) r 1 Low (05-29 DuMc Mex) f-1 Lav Med.rn (3.08 9 Du/Ac Max) ®' Medum (70-12 9 OWAc Max) MI high (13.0-20 0 Do/Ac Max) COMMERCIAL I OFFICE is I#40319 x3900 06^rrer on Commonly Commercial Q Highway Toulisl Commercial ® Samoa Commercial IMO Professional OR INDUSTRIAL MI Industrial Park PIAL* Vita FORM DM! 7-1 P2900 Insridlord Fealties ' I1 VawyardWAlycWlural M Open Span { O Tam! Trus/ Lands ® Recreation COnm0rcial Overlay Sem.. a IN cience Bounder, r- EXHIBIT C The Community Design Element -8- 11086-0006\1891916v2.doc OLD TOWN TEMECULA UPTOWN JEFFERSON AREA DESIGN CONCEPTS Old Town Temecula represents a great opportunity for the City to preserve its heritage while promoting local tourism. The Old Town area is recognized as the heart of the City and a separate Specific Plan has been prepared for the area. While the area no longer functions as a "Town Center" or "Downtown," many of the attributes of Old Town help to establish the area as a special place within the City of Temecula. The placement of additional civic and cultural uses in Old Town would help revitalize and restore the area. Uptown Jefferson is located immediately north of Old Town Temecula. This area encompasses much of Temecula's first commercial core, and was once a bustling and important locally - serving community destination. Since this time, the area has been overshadowed by development activity, infrastructure improvements and private investment taking place elsewhere in the city. However, enhancing this area's economic assets is critical to the area's long term future. The revitalization of the area will occur through the implementation of the Uptown Jefferson Specific Plan, as well as through the application of various economic development strategies, land use incentives, and by allowing for greater development intensity within the area. This area is anticipated to include a mix of land uses, such as urban residential neighborhoods, commercial retail, hotel and hospitality, office/employment, higher education, cultural arts, and recreation -related uses that co -exist within close proximity to one another. This synergy in land use will create a vibrant destination, up- scale residential neighborhoods and establish viable employment opportunities within the City. \? ; i Li i_ 1) 17 i \ P. \ L .) l \ Figure CD -1 Community Design Plan CITY OF TEMECULA GENERAL PLAN Legend Activity and Design Elements ) ActIvIty Node €.1.) Giv, "4 0 Focal Intersecuon Cetintwastw% Mixed Use Overlay Areas Streetscapes and Viewsheds Maier Sireetscape Natu re/W Ild erness Trails IHot non d mounrom Wong) Minor Streetscape Cq,,flUMeTtS VIewshed ir.ak Trim Chaparral Public Open Space, and Recreation Facdi ties Public Institutional FacIlities VA Vineyards/AgrIcultoral MIOpen Space. Parks. and Recreational Facilities Temecula City Boundary Sphere of Influence Boundary City o Sphere ofloflj Cour ty of Riverside 0 2,500 5,000 7,500 10.000 Feet Miles I—''—''-----4 H 1-1 0 0.5 1.5 2 EXHIBIT D The Circulation Element -9- 11086-0006\1891916v2.doc Figure C-2 Roadway Plan CITY OF TEMECULA GENERAL PLAN Legend Interchange Improvements Urban Arterial (8 Lanes divided) - Principal Arterial (6 Lanes divided) - Major Arterial (4 Lanes divided) y--�• Secondary Arterial (4 Lanes undivided) -» Modified Secondary Arterial (4 Lanes seperek®c • • • Limited Secondary Arterial (2 Lanes divided) - Collector (2 Lanes undivided) +••••_ Rural Highway (2 Lanes undivided) Hellas Rd City of Murrieta Sphere of influence 1p•c01Rd Jean Nicholas Rd County of Riverside 6 enlep IM Auld Rc HW . Rd • RP BONO Rd 11..E4 Ru City of Murrieta 4y• 1.0"_ •w,r a.. .w!prad P I .r' 0 5,000 10,000 F et -- — — —,_., Miles H H I 0 2 ATTACHMENT D NOTICE OF PUBLIC HEARING 26 Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: LR10-0014 Uptown Jefferson Corridor Specific Plan Applicant: City of Temecula Proposal: Recommend adoption of the Uptown Jefferson Specific Plan to allow for greater flexibility and a wider array of land use and development options within the 560 - acre Project area. In addition, the Project would focus on increasing mobility opportunities and facilitating alternative transportation options, including walking, biking, and transit, through the implementation of new "complete streets" roadway configurations, traffic calming strategies, pedestrian -oriented facilities, and bike lanes. The Project would include a form -based code to better define development regulations and design standards in order to encourage higher density urban development. Anticipated build -out of the Specific Plan assumes up to 3,726 residential units, approximately 1.7 million square feet of commercial uses, and 315 hotel rooms. The project is located north of Rancho California Road, west of Interstate 15, south of Cherry Street, and east of Diaz Road (See attached map). Environmental: Based upon the information contained in the Initial Environmental Study and pursuant to the requirements of CEQA, the City completed a Draft EIR, to address any potential issues for the project described above. A Draft EIR (State Clearinghouse Number 2013061012) was distributed to responsible agencies, interested groups, organizations, and individuals. The public review and comment period for the Draft EIR established by the State Clearinghouse commenced on April 2, 2015 and expired on May 18, 2015. A Notice of Completion and Recirculation of a Draft EIR was also sent to adjacent property owners indicating a review period of May 19, 2015 through July 6, 2015. Copies of the documents have been available for public review and inspection at the City of Temecula Community Development Department, Planning Division, located at 41000 Main Street; the Temecula Public Library located at 30600 Pauba Road; the Temecula Grace Mellman Community Library located at 41000 County Center; the City of Temecula website; and the Envision Jefferson Avenue website. Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: Dale West, (951) 693-3918 City of Temecula, Council Chambers October 21, 2015 6:00 p.m. The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — www .cityoftemecula orq. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — WNW cityoftemecula.ori:, — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 694-6400. STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: November 4, 2015 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Dale West, Associate Planner PROJECT Long Range Planning Project No. LR10-0014 consisting of: SUMMARY: 1) The Uptown Jefferson Specific Plan; 2) A General Plan Amendment to: (a) amend the Land Use Policy Map, assigning the territory within the Uptown Jefferson Specific Plan with a land use designation of "Specific Plan Implementation (SPI)" and specifying that all land uses within the Specific Plan shall comply with the provisions of the Specific Plan; (b) amend the Circulation Element by changing the roadway classification for Jefferson Avenue, north of Winchester Road, from a Principle Arterial to a Major Arterial; and (c) make textual amendments by incorporating reference to the Uptown Jefferson Specific Plan in various chapters of the General Plan; 3) A Zoning Map Amendment adding the Uptown Jefferson Specific Plan boundaries; 4) A Temecula Municipal Code amendment revising the Adult Business Overlay boundary by removing it from the Uptown Jefferson Specific Plan area; and 5) Certification of the Programmatic Environmental Impact Report. CEQA: Environmental Impact Report RECOMMENDATION: That at the November 4, 2015 meeting, after taking public testimony, the Planning Commission consider the Uptown Jefferson Specific Plan, the draft Enviornmental Impact Report, the General Plan Amendment, Zoning Map Amendment, and amendment to the Temecula Municipal Code to remove the Uptown Jefferson Specific Plan area from the Adult Business Overlay zone. That at the November 4, 2015 meeting, the Planning Commission 1. Adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE UPTOWN 1 JEFFERSON SPECIFIC PLAN, ADOPT FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION WITH THE ADOPTION OF THE UPTOWN JEFFERSON SPECIFIC PLAN 2. Adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE UPTOWN JEFFERSON SPECIFIC PLAN, AMENDING THE TEMECULA ZONING CODE TO ADD THE UPTOWN JEFFERSON SPECIFIC PLAN TO THE SPECIFIC PLAN ZONES, AMENDING THE TEMECULA ZONING MAP TO REFLECT THE UPTOWN JEFFERSON SPECIFIC PLAN, AND AMENDING THE ADULT BUSINESS OVERLAY ZONE TO ELIMINATE THE UPTOWN JEFFERSON SPECIFIC PLAN AREA" AND A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE LAND USE ELEMENT, THE LAND USE POLICY MAP, THE CIRCULATION ELEMENT, AND THE COMMUNITY DESIGN ELEMENT OF THE GENERAL PLAN IN CONFORMITY WITH THE UPTOWN JEFFERSON SPECIFIC PLAN" 3. Recommend that staff prepare a Streetscape Beautification and Marketing Plan for the Uptown Jefferson Specific Plan area. PROJECT DATA SUMMARY Name of Applicant: City of Temecula General Plan Community Commercial (CC), Highway Tourist Commercial (HT), Designation: Service Commercial (SC), Industrial Park (IP), and Open Space (OS) Zoning Designation: Community Commercial (CC), Highway Tourist Commercial (HT), Service Commercial (SC), Business Park (BP), Light Industrial (LI), and Open Space — Conservation (OS -C) Existing Conditions/ Land Use: Site: Retail, restaurant, office, hotel, gas station, service commercial other uses, and vacant North: City of Murrieta — retail, service commercial, industrial, office, public institutional, open space and vacant South: Old Town Temecula — retail, service commercial, restaurant, hotel, 2 motel, gas station, residential, other uses, and vacant East: Interstate 15 and retail West: Murrieta Creek, industrial, and service commercial BACKGROUND SUMMARY The Jefferson Avenue Study Area ("Study Area") is located north of Rancho California Road, west of Interstate 15, east of Diaz Road/Murrieta Creek and south of Cherry Street. The Study Area is approximately 560 acres and consists primarily of a mix of developed commercial property, and property designated as conservation/open space (Murrieta Creek). In January 2011, the Temecula City Council determined that enhancing the Study Area's economic assets would be critical to sustaining the area's long term future viability and established the Jefferson Corridor Ad Hoc Subcommittee, consisting of two City Council members. The Ad Hoc Subcommittee directed staff to hold public outreach and visioning workshops to obtain community input for the future Specific Plan area. From October 2011 through July 2012, the Community Development Department orchestrated six community visioning workshops and engaged the community in an effort to develop a Specific Plan for the Uptown Jefferson Area. The Envision Jefferson public visioning process resulted in the development of eight Guiding Principles, Recommendations and related Goals to guide the development of the Uptown Jefferson Specific Plan (sometimes referred to as "Specific Plan"). In February 2013, the Jefferson Specific Plan Steering Committee, consisting of two members of the Planning Commission, Community Services Commission and Public/Traffic Safety Commission, was created to guide the technical development of the Plan. To date, 36 public hearings or noticed public meetings have been held through the Envision Jefferson public visioning process, Steering Committee meetings, City Commission meetings, and a Developer Forum. The City has also engaged in outreach through the Envision Jefferson and the City of Temecula websites. Numerous stakeholders were involved in the process to determine the best land uses and development standards necessary to create a new and vibrant Uptown Jefferson. The draft Uptown Jefferson Specific Plan is based on the community's vision, guiding principles and recommendations. On October 21, 2015, staff presented the draft Specific Plan and related General Plan amendments, Zoning amendments, Municipal Code amendments, and Final Programatic Envrionmental Impact Report to the Planning Commission. The Planning Commission opened the public hearing to take public testimony either in support or oposition to the Specific Plan and related recommendations. There was one public speaker, representing the North Jefferson Business Park, who had questions regarding conflicts between existing CC&Rs and the proposed land uses of the Specific Plan. Having no further public comments, the Planning Commission continued the public hearing to November 4, 2015 to allow ample opportunity for the public to speak on the issue, and to allow the Planning Commissioners the oportunity to digest the large amount of information presented to them and the recommended actions they are being asked to make. The project analysis, envrionmental determination, findings for the General Plan amendments, Zoning amendment, and Specific Plan are contained in the October 21, 2015 staff report as an attachment to this staff report. 3 Since the publication of the October 21, 2015 staff report, minor changes have been made to the Findings and Facts in Support of Findings (Findings), Statement of Overiding Considerations (SOC), and the Mitigation Monitoring and Reporting Program (MMRP). Changes include minor clarifications and corrections to incosistencies between these documents. The revised Findings, SOC and MMRP are attached to this staff report and will be incorporated into the staff report that will be presented to the City Council. Pending the Planning Commission recommendations on November 4, 2015, staff intends to seek City Council adoption of the draft Uptown Jefferson Specific Plan, a General Plan Amendment, a Zone Change, a Zoning Map Amendment and a Municipal Code Amendment, along with certification of the Program Environmental Impact Report (EIR), adoption of findings pursuant to California Environmental Quality Act (CEQA), adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program on November 17, 2015. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the San Diego Union -Tribune on October 11, 2015 for the October 21, 2015 Planning Commission meeting and a second notice of public hearing was published in the San Diego Union -Tribune on October 24, 2015 and mailed to the property owners within the required 600 -foot radius for the November 4, 2015 Planning Commission public hearing. ATTACHMENTS A. Findings and Facts in Support of Findings B. Statement of Overiding Considerations C. Mitigation Monitoring and Reporting Program D. October 21, 2015 staff report for Long Range Planning Project No. LR10-0014 (Uptown Jefferson Specific Plan) E. Notice of Public Hearing 4 Notice of Public Hearing THE CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. Case No: LR10-0014 Uptown Jefferson Corridor Specific Plan Applicant: City of Temecula Location: Located in the northwestern area of Temecula, bounded by Cherry Street on the north, 1-15 on the east, Rancho California Road on the south, and Diaz Road on the west Proposal: Recommend adoption of the Uptown Jefferson Specific Plan to allow for greater flexibility and a wider array of land use and development options within the 560 -acre Project area. In addition, the Project would focus on increasing mobility opportunities and facilitating alternative transportation options, including walking, biking, and transit, through the implementation of new "complete streets" roadway configurations, traffic calming strategies, pedestrian -oriented facilities, and bike lanes. The Project would include a form -based code to better define development regulations and design standards in order to encourage higher density urban development. Anticipated build -out of the Specific Plan assumes up to 3,726 residential units, approximately 1.7 million square feet of commercial uses, and 315 hotel rooms. The Proposal will include certification of the Final Environmental Impact Report, General Plan Amendment, Zoning Map Amendment, and amendment to the Adult Business Overlay boundaries, and adoption of a New Street In -Lieu Fee. The project is located north of Rancho California Road, west of Interstate 15, south of Cherry Street, and east of Diaz Road (See attached map). Recommendations: The City Council will consider the following recommendations: 1) Adopt the Uptown Jefferson Specific Plan; 2) Adopt General Plan Amendment to: (a) Amend the Land Use Policy Map, assigning the territory within the Uptown Jefferson Specific Plan with a land use designation of "Specific Plan Implementation (SPI)" and specifying that all land uses within the Specific Plan shall comply with the provisions of the Specific Plan; (b) Amend the Circulation Element by changing the roadway classification for Jefferson Avenue, north of Winchester Road, from a Principal Arterial to a Major Arterial; and (c) Make textual amendments by incorporating reference to the Uptown Jefferson Specific Plan in various chapters of the General Plan; 3) Adopt a Zoning Map Amendment adding the Uptown Jefferson Specific Plan boundaries; 4) Adopt a Temecula Municipal Code amendment revising the Adult Business Overlay boundary by removing it from the Uptown Jefferson Specific Plan area; and 5) Certification of the Final Programmatic Environmental Impact Report. 6) Adopt a New Streets In -Lieu Fee Ordinance and Fee, which will fund new internals streets within the Uptown Jefferson Specific Plan boundary Ordinance. 7) Direct staff to prepare a Streetscape Beautification and Marketing Plan for the Uptown Jefferson Specific Plan area. 8) Direct staff to change the name of the Uptown Jefferson Specific Plan to Uptown Temecula Specific Plan. Environmental Action: Based upon the information contained in the Initial Environmental Study and pursuant to the requirements of CEQA, the City completed a Draft EIR, to address any potential issues for the project described above. A Draft EIR (State Clearinghouse Number 2013061012) was distributed to responsible agencies, interested groups, organizations, and individuals. The public review and comment period for the Draft EIR established by the State Clearinghouse commenced on April 2, 2015 and expired on May 18, 2015. A Notice of Completion and Recirculation of a Draft EIR was also sent to adjacent property owners indicating a review period of May 19, 2015 through July 6, 2015. Copies of the documents were made available for public review and inspection at the City of Temecula Community Development Department, Planning Division, located at 41000 Main Street; the Temecula Public Library located at 30600 Pauba Road; the Temecula Grace Mellman Community Library located at 41000 County Center; the City of Temecula website; and the Envision Jefferson Avenue website. Beginning on November 6, 2015, the public data indicating the amount of cost, or estimated cost, required to provide the service for which the New Streets In -Lieu Fee Ordinance and Fee will be imposed and the revenue sources anticipated to provide the service, including General Fund revenues and the nexus report will be available for public review at City Hall at the location and time described in the last paragraph. The Council will hear a presentation from Staff on the New Streets In -Lieu Fee Ordinance and Fee and hear comments from the public on November 17, 2015 but will not act on the New Streets In -Lieu Fee Ordinance and Fee at this time. The public hearing on the New Streets In -Lieu Fee Ordinance and Fee will be continued to December 8, 2015 at which time the City Council will consider and may take action on the New Streets In -Lieu Fee Ordinance and Fee On November 4, 2015, the Planning Commission of the City of Temecula recommended to the City Council that it approve these recommendations by a unanimous vote. Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing. Any petition for judicial review of a decision of the City Council shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure, Section 65009 of the California Government Code, and Section 21167 of the California Public Resources Code. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the City Council, petitioner shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. The proposed project application and the public data concerning the New Streets In -Lieu Fee Ordinance and Fee may be viewed at the public information counter, Temecula Civic Center, Community Development Department, 41000 Main Street, Monday through Friday from 8:00 a.m. until 5:00 p.m. Questions concerning the project(s) may be addressed to Dale West, City of Temecula Community Development Department, (951) 693-3918. PLACE OF HEARING DATE OF HEARING TIME OF HEARING City Council Chambers 41000 Main Street Temecula, California November 17, 2015 7:00 PM or as soon thereafter as the matter may be heard DEPARTMENT REPORTS Item No. 11 Approvals City Attorney Finance Director City Manager ' CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Community Development Director DATE: November 17, 2015 SUBJECT: Community Development Department Monthly Report PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: Receive and file. The following are the highlights for the Community Development Department for October 2015. CURRENT PLANNING ACTIVITIES New Cases: In October2015, Planning received 30 new applications, including 4 pre -applications, and conducted seven Public Hearings. A detailed account of current planning activities is attached to this report. Audi Dealership: On February 18, 2015, staff received a pre- application for a 37,000 square foot Audi dealership to be located on Temecula Center Drive, adjacent to 1-15 and south of the existing Mercedes-Benz of Temecula dealership. A Development Plan application was filed for the project on April 6, 2015. A community meeting was held with the Harveston community on March 25, 2015 to discuss the plans for the dealership. Approximately 20 Harveston residents attended the meeting and were positive about the addition of the Audi dealership to the community. A Supplemental EIR is being prepared for the project and went out for public review from July 20, through September 8, 2015. A second community meeting was held with the Harveston community on August 13, 2015, to discuss the findings of the Supplemental EIR and to provide updates on the project. The Planning Commission approved Audi on October 21, 2015. (FISK) Altair Specific Plan: On November 12, 2013, City Council approved an Entitlement Processing Agreement with Ambient Communities (Developer) to process extensive land use entitlements for the 270 acre property located west of Old Town including General Plan Amendment, Specific Plan, Subdivision Maps, Development Agreement, and Environmental Impact Report (EIR). Ambient Communities is proposing a mixed-use development comprised of residential single-family and multi -family units, as well as retail/commercial, open space, and institutional uses. Staff is currently reviewing a Multiple Species Habitat Conservation Plan (MSHCP) Consistency Report and has prepared an Initial Study. The City entered into an agreement with Environmental Science Associates in July 2014 to prepare an Environmental Impact Report (EIR). An EIR Scoping Meeting was held on December 3,'2014. Keyser Marston Associates has prepared a fiscal impact analysis - 1- for the project. Staff is working through environmental issues associated with the MSHCP and wildlife corridors. Once resolved, staff anticipates negotiating the Development Agreement, and circulating a Draft EIR shortly thereafter. (PETERS) Temecula Valley Hospital: City Council approved the Temecula Valley Hospital project on January 22, 2008. A Certificate of Occupancy for the Phase I hospital bed tower was received from the Office of Statewide Health Planning and Development (OSHPD) on July 19, 2013. United Health Services obtained State licensing to open the hospital for patients on October 14, 2013. On May 31, 2013, staff received a Major Modification application to modify the site plan and heliport Conditional Use Permit to relocate the heliport from an area near the northeast corner of the hospital building. UHS indicated that the heliport needs to be relocated based on concerns from the FAA and the aeronautical division of Caltrans. UHS proposed two phases of movement for the heliport: Phase I would place the heliport to the west of the hospital building, in one of the parking lot areas. Phase 11 would place the heliport on the roof of the second hospital tower. In both cases, the proposed locations result in a change to the flight path that move it away from the Madera Vista residential project and changes the path to either head directly into or away from the prevailing wind direction (rather than perpendicular to the prevailing winds), as directed by the FAA and Caltrans. A Supplemental EIR (SEIR) was prepared by Environmental Science Associates (ESA). In July 2014, the applicant indicated intentions to add a 5,000 square foot facilities maintenance building to the hospital site. Staff has provided information regarding this new building to ESA for analysis in the SEIR, and the 45 -day public review was from November 12, 2014 through December29, 2014. The project was reviewed at the April 15, 2015 Planning Commission hearing and received a 4-0 vote (Guerriero absent) recommending approval. Staff has worked with the applicant's consultant and ESA to respond to comments received from the community at the Planning Commission hearing and has worked with the applicant's consultant to prepare additional graphics for use at the City Council hearing. The project was scheduled for the July 28, 2015, City Council hearing but was continued off calendar so that staff and the Supplemental EIR consultant could make revisions to the Supplemental EIR to address comments received from Ray Johnson on July 22, 2015. (FISK) Roripaugh Ranch Specific Plan: In 2013, the Planning Commission approved KB Homes, Standard Pacific, and Van Daele Developments' applications for Home Product Reviews in the Roripaugh Specific Plan Area. KB Home plans to construct 98 single-family homes. Standard Pacific plans to build 200 single-family homes under the names Montego and Cambridge. Van Daele Development will construct 113 single-family homes, 56 marketed as Verona, and 57 as Sorrento. The three builders will construct 411 homes in four of five available planning areas in the area commonly referred to the "panhandle." Three hundred fifty nine (359) residential permits have been issued to date. (PETERS) Roripaugh Ranch Development Agreement Amendment: In March 2014, Roripaugh Valley Restoration (RVR) applied for an amendment to the Roripaugh Ranch Development Agreement to modify the timing of infrastructure improvements and building permit thresholds for "pan" area the Specific Plan. Staff has been working with RVR to refine the deal points of the Development Agreement Amendment (DAA). RVR has been working with the second owner in the "pan" area of the Specific Plan, Wingsweep, to come to agreement on improvement cost sharing, and those negotiations are ongoing. RVR and Wingsweep previously agreed to meeting with an arbitrator to assist in resolving their differences; however Wingsweep later elected to continue discussions with RVR. RVR and Wingsweep conclude their discussions in July 2015. Staff continues to work with RVR on the DAA deal points and will bring the deal points. A Community Outreach meeting has been scheduled for November 19, 2015 for the applicant to present their proposed DAA changes to the Nicholas Valley and Roripaugh Ranch communities. The DAA will then be brought before the Planning Commission before being presented at a City Council hearing. (FISK) -2 Temecula Gateway: On November 3, 2014, staff received applications related to the proposed Temecula Gateway project. The proposed project will consist of a Planned Development Overlay/Zone Change and General Plan Amendment to change the General Plan designation to Community Commercial and the zoning designation to Planned Development Overlay 14, a Tentative Parcel Map to allow for the creation of seven lots from four, a Development Plan to allow for the construction of four commercial buildings totaling approximately 23,666 square feet, a Conditional Use Permit to allow for an automobile service station with a corresponding carwash and convenience store that will serve alcohol, a Conditional Use Permit to allow for a drive-thru for a restaurant. The City has entered into an agreement with Michael Baker International/PMC to create an Environmental Impact Report for the project. (JONES) LONG RANGE PLANNING Hike Bike Temecula (Multi -Use Trails and Bikeways Master Plan Update): On May 14, 2013, City Council awarded a contract to KTU+A to update the City's Multi -Use Trails and Bikeways Master Plan. A community workshop was held on October 26, 2013, and attendees provided feedback on bike lanes, sidewalks, trails, hiking paths, and equestrian connections. Community input was also collected through a survey via the project website www.hikebiketemecula.orq. A Steering Committee meeting was held on February 25, 2014, with over 30 participants in attendance. The focus of the meeting was to summarize the survey results and to get feedback on proposed improvements in Old Town. The Old Town improvements include sharrows (shared bike lane markings) on Old Town Front Street, Bicycle Friendly Community signs, and strategically placed bike racks. On March 25, 2014, City Council approved an amendment to the contract that included Phase II of the Master Plan Update and additional sidewalk analysis. Phase I concluded with a community walk -ride event on May 10, 2014, highlighting priority locations for future trails and bike lanes based on the community's feedback. Phase II is under way. Staff is reviewing draft chapters, and anticipates presenting the draft plan to the Trails Subcommittee in Fall 2015. A final Public Workshop will be held, and then presentations to the Community Service Commission, Traffic Public Safety Commission, and then Planning Commission for input before going to City Council. (PETERS) Uptown Jefferson Specific Plan: The Uptown Jefferson Specific Plan Area encompasses approximately 560 acres and is located north of Rancho California Road, west of Interstate 15, south of Cherry Street, and east of Diaz Road. Staff has held eight Ad Hoc Subcommittee Meetings to develop policies, and obtain direction on the content of the Specific Plan. Between October 2011 and July 2013, staff held six visioning workshops. These workshops solicited feedback from the public and key stakeholders about the future vision of the Specific Plan area. Eight recommendations emerged from the public visioning process: 1) strengthen economic development; 2) expand the mix of uses; 3) define districts and neighborhoods; 4) improve transportation, mobility, connectivity and circulation; 5) integrate recreation, open space and trails; 6) create updated and flexible development standards; 7) build and maintain a comprehensive utility infrastructure network; and, 8) establish a district identity. On June 13, 2013, staff held a Developer Focus Group to determine the future economic feasibility of the Specific Plan based upon anticipated market conditions, economic demands, demographic trends, and available financing. From July 2013 through December 2013, staff held six public Uptown Jefferson Specific Plan Steering Committee Meetings with members of the public. Two commissioners from each of the City's commissions (Planning, Community Services, and Public/Traffic Safety Commissions) serve on the Committee. Staff presented form -based code principles and drafts of the district map, land use matrix, street cross sections, streetscape beatification plan, circulation network, future block standards, urban parking standards, design guidelines, plan administration, sign standards, adaptive reuse standards, plan financing, and the anticipated 20 -year build out scenario. The project website, www.envisioniefferson.orq, continues to provide project information and updates to the public. -3 The draft Specific Plan is based upon the eight visioning recommendations, plan framework, and the concepts presented at the six public Steering Committee meetings. The draft Specific Plan is now available for the public to review and may be downloaded from the Envision Jefferson website at envisionjefferson.orq or at cityoftemecula.orq, The Specific Plan adoption and certification of the EI R is anticipated on November 17, 2015. (WEST, WATSON) Uptown Jefferson Specific Plan Program Environmental Impact Report (EIR): An EIR Scoping meeting was held in June 2013, providing interested parties an opportunity to submit comments related to the scope of the EIR. As a courtesy, all property owners and businesses within the Specific Plan area were mailed notices for this meeting. The draft EIR is now complete and has been circulated for public comment. The public comment period is from May 19, 2015 to July 6, 2015. The Draft EIR is available for public review on the Envision Jefferson website at envisionjefferson.orq and cityoftemecula.orq. Certification of the Final EIR is anticipated on November 17, 2015 along with the adoption of the Specific Plan. (WEST, WATSON) SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY Town Square Marketplace: On January 13, 2015, City Council entered into an Exclusive Negotiating Agreement (ENA) with Truax Development (Truax) in order to negotiate the disposition and development of the two, currently Successor Agency owned, vacant lots in front of the Civic Center, flanking the Town Square Park on the north and south sides of Main Street. On June 23, 2015, City Council extended the term of the ENA for an additional six months. While both Truax Development and the City have been negotiating in good faith, the complexities of the project require that the ENA be extended to allow for additional work to be completed. Upon agreeing to terms, the City and Truax envision drafting a disposition and development agreement that will be brought back before the Council for approval. (WATSON) Recognized Obligation Payment Schedule: As part of the ongoing wind -down of the former Temecula Redevelopment Agency, the Successor Agency (SARDA) is required to complete a Recognized Obligation Payment Schedule (ROPS) outlining the financial and debt obligations of the former Redevelopment Agency. Based on the outstanding obligations that are due in the six month period being reviewed, SARDA makes requests from the Property Tax Trust Fund to make the appropriate payments. On February 24, 2015 the SARDA board approved the ROPS for the period of July 1, 2015 through December 31, 2015 (ROPS 15-16A). On February 25, 2015 the Oversight Board of the Successor Agency to the Temecula Redevelopment Agency approved the ROPS 15- 16A. On March 2, 2015, the Oversight Board resolution approving ROPS 15-16A was delivered to the California State Department of Finance, the California State Controller, and the Riverside County Auditor Controller per the requirements of the redevelopment dissolution legislation. The ROPS 15- 16B was approved by the SARDA Oversight Board in September. (WATSON) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) & HOUSING Community Development Block Grant (CDBG): The City will receive $540,214 in CDBG grant funding for Fiscal Year 2015-16. The funding will be allocated as follows: 20 percent for program administration ($108,042), 15 percent for public services ($81,032) to be divided evenly between nine non-profit service providers ($7,892 each) and $10,000 to the Fair Housing Council. The remaining 65 percent was allocated for infrastructure improvements. The Old Town Sidewalk Improvement project will receive $351,140. In April, the City processed a Substantial Amendment to redirect $160,561 of unspent funds from previous fiscal years. A total of $26,223 was allocated to Habitat for Humanity for the Critical Home Maintenance and Repair Program, $12,000 to GRID Alternatives for the Solar Affordable Housing Program, and $122,338 to the Sam Hicks Monument Park Playground Replacement project. The Annual Action Plan was approved by HUD and the Grant Agreement was initiated. Staff is preparing the 2014-15 Consolidated Annual Performance and Evaluation Report (CAPER). The CAPER was approved by City Council on September 22, 2015, and submitted to HUD. -4 Affordable Housing Overlay and Density Bonus Ordinance: The City Council adopted the 2014- 2021 General Plan Housing Element Update on January 28, 2014, and the City received certification from the State Department of Housing and Community Development (HCD) on March 10, 2014. A project processing schedule has been prepared for the Affordable Housing Overlay and Density Bonus Ordinances as required by Programs 1 and 4 of the Housing Element. The Code Amendment will also encompass land use updates as required by Program 3. The project is in the initial planning phase. Staff is currently conducting research and anticipates completing the ordinances for adoption in early 2016. ENERGY & CONSERVATION Temecula Energy Efficiency Management (TEEM) Fund: The TEEM Fund is a self-sustaining fund that utilizes rebate incentives while also re -directing annual utility cost savings from energy efficiency projects into the fund. City Council established the fund in June 2013, with an initial deposit of $119,728.90 in SCE and SCG rebates. Staff is working with Public Financial Management, funded through the Western Riverside Energy Partnership, to develop an policy manual for the TEEM Fund, focusing on policies and methodologies for determining the amount of utility savings to be deposited into the fund after projects are completed. (WEST) Western Riverside Energy Leadership Partnership: This Partnership, consisting of eleven Western Riverside Council of Government (WRCOG) member cities, Southern California Edison (SCE), and Southern California Gas (SCG), provides incentives for participants to develop energy efficiency programs. Temecula was the first City in the Partnership to achieve Gold Level status by completing 13 energy efficiency projects in FY 2012-13, resulting in nearly $100,000 of annual utility cost savings. In FY 2013-14, the City has upgraded the Community Recreation Center parking lot lights with new LED lighting fixtures. This resulted in 9,155 kWh saved and an additional $2,280 in annual savings. Staff recently completed a comprehensive energy audit of the Temecula Library with assistance from the Partnership. The audit identified 9 energy efficiency measures which could save an estimated 107,429 kWh annually, which also equates to an estimated annual cost savings to the City of $17,278. If all efficiency measures are implemented, the City would receive approximately $20,952 in rebate incentives from SCE and SCG. Implementing these measures would allow the City to achieve Platinum Level in the Partnership kWh savings requirements, giving the City higher rebate incentives for future energy efficiency measures. (WEST) Energy Action Plans (EAP): The final draft Municipal and Community Energy Action Plans have been prepared for the City of Temecula. The Plans were funded through the Western Riverside Energy Partnership. Both EAPs establish energy reduction goals, policies, and implementation measures to achieve energy reduction goals. (WEST) Solid Waste and Recycling: Staff manages the City's Solid Waste and Recycling Agreement with CR&R and acts as a liaison between the City, CR&R, and their customers. City staff and CR&R coordinate two Citywide Clean-up events each year for residents to dispose of household waste and large miscellaneous items that do not fit into the standard residential trash receptacle. The Fall Citywide Clean -Up was held October 24, 2015 at Chaparral High School. Staff also assists with outreach for the Riverside County Mobile Household Hazardous Waste Collection events and the Backyard Composting Workshops. This event is an effort to promote the recycling of used and other household hazardous waste. The annual rate adjustment was adopted by the City Council at a public hearing on the June 23rd The 2015-2016 rates included an organic waste recycling component to the residential rate. The residential organic recycling program will go into effect January 1, 2016. Staff is working with CR&R on an outreach and education campaign regarding the types of organic waste allowed. (WEST) -5 BUILDING & SAFETY Inspections: In the month of October, Building and Safety conducted 1,757 inspections. On average, there were 79.86 inspections per day, or 15.97 inspections per day, per inspector. Permits: During the month of October, Building and Safety issued 304 building permits. Of these permits, 73 were photovoltaic permits. Some of these permits from this month included: Non -Construction Certificate of Occupancy Fire Fish Sushi and More — 27507 Ynez Road School of Rock — 30630 Rancho California Road Family Planning Associates Medical Group Inc. — 41715 Winchester Road Vietnamese Gourmet — 26487 Ynez Road Center for Autism and Related Disorders — 27720 Jefferson Avenue Tenant Improvements Jimmy John's — 32389 Temecula Parkway R&B Automation — 42180 Zevo Drive CODE ENFORCEMENT During the month of October, Code Enforcement responded to 114 web complaints. In addition, the division opened 95 code cases and forwarded 25 referrals to Public Works, Police, Animal Control, and Fire. Code Enforcement also pulled 600 non -conforming signs in the community and assisted 25 people at the Community Development Counter. Detailed Code Enforcement case activity can be found in the following chart: TYPE OF CODE CASE TYPE TOTAL Abandoned or Inoperable Vehicle 4 Vacant Home / Property Maintenance / Rodent infested 18 Business or Home Occupation w/o license/CUP 5 Trash and Debris / Parking lot maintenance 1 Overgrown Vegetation / Weeds / Fire Hazard 4 Green Pool / Vector Control 8 Graffiti 6 Noise 4 Trailer / RV Stored/Boat 15 Construction w/o Permit/Building Code 6 Encroach Public ROW / Trash Cans 6 Other / Homeless Encampment 7 Signs Pulled - Violations 11 TOTAL NUMBER OF CASES 95 -6 Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, defaults and real estate owned properties. The following charts demonstrate the past six months of activities in Temecula. Residential Foreclosure Tracking Commercial Foreclosure Tracking May June July August September October DEFAULT 2015 2015 2015 2015 2015 2015 DEFAULT 78 73 71 67 75 76 FORECLOSED 63 60 55 49 49 57 REO 94 95 90 88 87 79 TOTALS 235 228 216 204 211 212 Commercial Foreclosure Tracking -7 May 2015 June 2015 July 2015 August 2015 September 2015 October 2015 DEFAULT 0 1 2 2 2 2 FORECLOSED 0 0 0 0 0 0 REO 14 12 11 12 11 12 TOTALS 14 13 13 14 13 14 -7 PLANNING ACTIVITY REPORT Assigned Planner PA Number Project Name APN Apply Date Approval Date Applicant Business Company Name Phone Owner Status PA15-1484 910-310-006 James Atkins 10/01/2015 Aron Carcamo (323) 665-0844 Edward Oson Plan Review Case Title / Description: Chevron Jefferson MOD: a Minor Modification to allow for the Jefferson Chevron to modify the previously approved PA14-0166/0186, a CUP w/ DP. This modification to will establish a phased development where the approved car wash is constructed, upgrading the existing canopy, and installation of propane fueling tanks. The site will also be reconfigured with this phase. Two (2) vehicle access points off Jefferson will be eliminated and one (1) new access created fora total of two (2), landscaping will be updated, the site will be updated to comply with ADA standards, upgraded lighting will be added, and a new trash enclosure will be constructed. The site is located at 27560 Jefferson Avenue. PA15-1490 910-110-093 Jaime Cardenas 10/01/2015 10/30/2015 Laurie Hanks Case Title / Description: Fall Family Festival TUP: A Temporary Use Permit for Crossroads Church to hold an annual Fall Family Festival on October 31, 2015 from 5:OOpm until 9:OOpm. The project is located at 26090 Ynez Road. (951) 805-8248 JLNI Approved PA15-1495 944-290-006 Scott Cooper 10/01/2015 Case Title / Description: Veterans Recognition Day TUP: A Major Temporary Use Permit for Iglesia Ni Cristo to host an event for veterans and provide entertainment and programs on October 17, 2015 from 9:OOam until 2:OOpm. The project is located at 29385 Rancho California Road. Ricardo Estrellado (951) 588-7962 IGLESIA NI Void CRISTO PA15-1496 945-140-005 Brandon Rabidou 10/02/2015 Fred Connary Plan Review Case Title / Description: Connary Lot EOT: an Extension of Time to allow for the owner to finalize the required site surveys prior the recordation of the map. The site is located at 30876 Lolita Road. PA15-1497 955-050-020 Jaime Cardenas 10/02/2015 Case Title / Description: Under the Lights (Home Occupation) Pam Barrie Denied PA15-1498 Jaime Cardenas 10/02/2015 10/12/2015 James Wright Case Title / Description: Jiminy Farms (Home Occupation) (951) 821-0561 Approved PA15-1499 922-220-003 Matt Peters 10/05/2015 10/19/2015 Craig Smith Case Title / Description: TCI Clubhouse Mod: A Minor Modification (Planning Review Only) to allow for the addition of 521 SF of restrooms on the lower level and the addition of a 1,335 SF deck at the upper level at Temecula Creek Inn located at 44501 Rainbow Canyon Road. (949) 764-0010 REGENCY Approved PROP TEMECULA PA15-1503 10/06/2015 Intesar Sinnawi Plan Review Case Title / Description: Petra Page 1 of 7 Assigned Planner PA Number Project Name APN Apply Date Approval Business Date Applicant Company Name Phone Owner Status PA15-1504 920-100-017 Scott Cooper 10/06/2015 Mark Christensen (951) 676-5012 Greg Spiro Out Case Title / Description: Temecula Assisted Living Parcel Merger: A parcel merger for APN's 920-100-017 and 920-100-018 for Temecula Assisted Living (PA15-0172). PA15-1509 959-252-005 Jaime Cardenas 10/06/2015 10/06/2015 Jenny Prauettone Approved Case Title / Description: Green Go Mow (Home Occupation) PA15-1510 962-020-011 Jaime Cardenas 10/06/2015 Patricia Bell Case Title / Description: GOALS Bingo License Renewal: A Bingo License renewal to continue the operation of bingo games for the Great Oak Academic Leadership Society at 32555 Deer Hollow Way Temecula, California (Great Oak High School). (951) 553-5119 Plan Review PA15-1512 961-052-007 Jaime Cardenas 10/06/2015 Case Title / Description: Iron Fever Welding (Home Occupation) MARK BRANDON Void PA15-1513 961-052-007 Jaime Cardenas 10/06/2015 10/06/2015 MARK Approved BRANDON Case Title / Description: Iron Fever Welding (Home Occupation) PA15-1516 922-140-011 Brandon Rabidou 10/07/2015 Case Title / Description: Galindo Secondary Dwelling Unit: A Secondary Dwelling Unit application to convert an existing horse stable to a 930 SF secondary dwelling unit consisting of two bedrooms, one bathroom, a full kitchen and a living room/dining room at 28755 E. Vallejo Ave Andres Reynoso Elind Galindo Plan Review PA15-1519 921-700-011 Brandon Rabidou 10/07/2015 10/21/2015 Bruce Briest Case Title / Description: Last Stop Shoppe MOD: A Minor Modification (Planning Review Only) for Last Stop Shoppe to install 45 linear feet of steel piping to create an exterior patio area on the southeast portion of the building located at 30520 Rancho California A-103 PKI PALOMAR VILLAGE Approved PA15-1524 959-331-022 Jaime Cardenas 10/08/2015 10/08/2015 Michael -George Approved Grills Case Title / Description: M & M Aquatics (Home Occupation) PA15-1528 921-370-006 Jaime Cardenas 10/09/2015 10/14/2015 Tammy Pote (800) 344-2944 Portofino Dev Completed ext 4417 Case Title / Description: 30000 Rancho California ZL- A Zoning Letter for Portofino Apartments located at 30000 Rancho California (APN 921-370-006-2 and 921-370-008-4). Page 2 of 7 Assigned Planner PA Number Project Name APN Apply Date Approval Business Date Applicant Company Name Phone Owner Status PA15-1530 959-371-021 Jaime Cardenas 10/09/2015 10/09/2015 HYESOON KIM Approved OLVERA Case Title / Description: Camp & Uhak - (Home Occupation) PA15-1531 910-110-088 James Atkins 10/09/2015 Victoria Towers General Dynamics (201) 245-5342 Joseph Holasik Plan Review Case Title / Description: Temecula Promenade MOD: a Minor Modification to allow for AT&T Wireless to install a back-up generator on a concrete pad at 40940 County Center Drive. PA15-1539 961-450-005 Jaime Cardenas 10/13/2015 10/14/2015 Michelle Dahlke Case Title / Description: Temecula Creek Villas Apartments ZL. A Zoning Letter request for the property located at 31220 Samantha Lane (APN 961-450-005). (480) 228-2150 Temecula Completed Creek Villas PA15-1543 957-340-067 Jaime Cardenas 10/13/2015 10/13/2015 Angela deArmas Case Title / Description: Give Sunshine (Home Occupation) (949) 378-3906 Approved PA15-1544 921-320-058 Jaime Cardenas 10/14/2015 11/03/2015 Michael Mossman Case Title / Description: Temecula Town Center Zoning Letter: A Zoning Letter for the following properties with Assessor's Parcel Number 921-320 -012, -018, -021, -038, -041, -045, -048, -052, -056 and -058. (949) 705-0421 ACM 2006 5 Completed RANCHO CALIF LTD PARTNERSHI P PA15-1546 953-372-001 Brandon Rabidou 10/14/2015 10/14/2015 Michael Teschler Case Title / Description: Desert Rose Property Management (Home Occupation) (951) 545-8961 Approved PA15-1547 961-113-018 Brandon Rabidou 10/14/2015 10/14/2015 Cheri Coffin Case Title / Description: Da Coconut Cafe (808) 222-5612 Approved PA15-1560 919-200-009 Jaime Cardenas 10/16/2015 11/03/2015 Steven Clemens Case Title / Description: Clemens Custom Woodworking (Home Occupation) (909) 518-5599 Approved PA 15-1561 921-730-022 Brandon Rabidou 10/16/2015 Gary Walker MEG INV Plan Review Case Title / Description: Gosch Ford UC Bldg Remodel: a Major Modification to allow for Gosch Ford to remodel and expand their existing used car building. The remodel will include paint changes and enclosing additional area with a glass facade. The site is located at 28701 Ynez Road. Page 3 of 7 Assigned Planner PA Number Project Name APN Apply Date Approval Business Date Applicant Company Name Phone Owner Status PA15-1565 961-290-002 James Atkins 10/16/2015 Case Title / Description: Parker Medical COC: a Certificate of Compliance for Parker Medical Center. The site is located at 44605 Avenida De Missions Michael Bastin (951) 234-2819 PARKER MEDICAL CENTER Plan Review PA15-1568 922-022-007 Brandon Rabidou 10/19/2015 Walt Allen Walt Allen Architect (951) 693-0301 Robert Perdue Plan Review Architect ext 30301 Case Title / Description: Perdue Minor Exception: A Minor Exception to allow for a reduction in the parking requirement (from 5 parking spaces to 4 parking spaces) at 41881 5th Street. PA15-1570 965-321-005 Jaime Cardenas 10/19/2015 10/19/2015 ROBERT Approved YOWELL Case Title / Description: Pro Structural Inc (Home Occupation) PA15-1571 944-192-001 Jaime Cardenas 10/19/2015 10/19/2015 YvetteAceves Approved Case Title / Description: Ace Notary Services (Home Occupation) PA15-1572 960-020-046 James Atkins 10/20/2015 Case Title / Description: Vail Ranch DP: a Development Plan to allow for the construction of three (3) separate structures within the Vail Ranch Town Center. The structures are comprised of two (2) fast-food drive-thru restaurants, and one (1) express car wash. The site is includes two (2) parcels and totals 2.4 gross acres and is located at the southwest corner of Temecula Parkway and Mahlon Vail Road. Richard Finkel (714) 850-7575 Grady Plan Review Hanshaw PA15-1573 960-020-046 James Atkins 10/20/2015 Case Title / Description: Vail Ranch DP: a Conditional Use Permit to allow for the construction of three (3) separate structures within the Vail Ranch Town Center. The structures are comprised of two (2) fast-food drive-thru restaurants, and one (1) express car wash. The site is includes two (2) parcels and totals 2.4 gross acres and is located at the southwest corner of Temecula Parkway and Mahlon Vail Road. Richard Finkel (714) 850-7575 Grady Plan Review Hanshaw PA15-1577 921-290-004 Jaime Cardenas 10/20/2015 Case Title / Description: Acacia Park Apartment Non -Smoking MOD: A Minor Modification to convert existing smoking units into 190 non-smoking units at 29605 Solana Way. Jillian Marion (714) 974-1010 29605 Solana Plan Review ext 265 Way LLC PA15-1578 921-292-049 Jaime Cardenas 10/20/2015 10/20/2015 Maria Apodaca Approved Case Title / Description: Marketing (Home Occupation) Page 4 of 7 Assigned Planner PA Number Project Name APN Apply Date Approval Business Date Applicant Company Name Phone Owner Status PA15-1579 910-420-030 Jaime Cardenas 10/21/2015 Alexis Kaiser TEMECULA Cancelled TOWNE CENTER ASSOC Case Title / Description: Davis Enterprise Carnival Major TUP: A Major Temporary Use Permit to allow a carnival to be held in the Promenade Mall west Macy's parking lot. The carnival will operate October 30 - November 1, 2015 and November 5 - November 9, 2015. Weekday hours are 5 pm - 11 pm and weekend hours are 2 pm - 11 pm. (APN: 910-420-010) PA15-1580 Jaime Cardenas 10/21/2015 10/21/2015 Afzal Masumi Approved Case Title / Description: Mr. Smartphone Parts & Service LLC (Home Occupation) PA15-1583 921-810-015 Jaime Cardenas 10/21/2015 Vincent Alipranti (951) 719-2003 COSTCO Plan Review Case Title / Description: Costco Christmas Tree Trailer TUP: A Major Temporary Use Permit to allow Costco to conduct Christmas Tree sales at their existing store located at 26610 Ynez Road PA15-1585 921-830-013 Scott Cooper 10/22/2015 Case Title / Description: Bel Villaggio Holiday TUP: A Temporary Use Permit to allow Bel Villaggio Center to conduct a holiday event to include live DJ music, trackless trolley rides, Santa Clause visits, snowplay area, and a children's craft area, on Saturday, December 12th between the hours of 11:00 a.m. and 3:00 p.m. The site is located at 41413 Margarita Road. Reegen (858) 558-5659 PFP Temecula Plan Review Rosenblum Real Estate Holdings PA15-1586 959-112-014 James Atkins 10/22/2015 10/22/2015 Jeannette Miller Approved Case Title / Description: Jeannette Miller, RD (Home Occupation) PA15-1591 921-310-023 James Atkins 10/22/2015 10/29/2015 Bruce Nimmo (951) 695-5081 Moraga Plaza Approved Case Title / Description: Moraga Plaza MOD: a Minor Modification (Planning Review Only) to allow for the removal of existing front elevation windows to be replaced by matching double entrance doors. The site is located at 29760 Rancho California Road. PA15-1594 910-110-087 James Atkins 10/22/2015 Aaron Anderson Verizon Wireless (562) 485-8012 Axeon Water Plan Review Technologies Case Title / Description: VZW Winchester MOD: a Minor Modification to allow for Verizon Wireless to remove and replace six (6) panel antenna, the installation of of three (3) new RRU's, and two (2) Raycaps. The site is located at 40980 County Center Drive. PA15-1603 921-411-006 James Atkins 10/26/2015 10/26/2015 Debbie Stueve Approved Case Title / Description: Quality 1 Courier (Home Occupation) Page 5 of 7 Assigned Planner PA Number Project Name APN Apply Date Approval Business Date Applicant Company Name Phone Owner Status PA15-1610 962-560-014 Jaime Cardenas 10/26/2015 Case Title / Description: Lendo Consulting - Home Occupation Evelyn Mangiameli Void PA15-1611 962-560-014 Jaime Cardenas 10/26/2015 11/03/2015 Evelyn Approved Mangiameli Case Title / Description: Lendo Consulting (Home Occupation) PA15-1617 962-310-049 System Case Title / Description: BNK Company (Home Occupation) 10/27/2015 11/03/2015 Alice Yuen Approved PA15-1623 Jaime Cardenas 10/28/2015 10/28/2015 Steven Paul Approved Case Title / Description: Steven F. Paul, D.D.S., Inc. (Home Occupation) PA15-1625 921-480-056 Scott Cooper 10/28/2015 Brian Vitale 1st Light Energy (209) 456-5284 Red Hat Prop Plan Review Inc Case Title / Description: Extra Space Minor Mod: A Minor Modification (Planning Review Only) to add 150 roof mounted photovoltaic modules to an existing self storage facility. The project is located at 41704 Overland Dr. PA15-1627 922-046-028 Brandon Rabidou 10/28/2015 Case Title / Description: Baily's Old Town Night Market TUP: A booth style market in the courtyard of Baily's located 28699 Old Town Front Street Christopher Baily (909) 699-3315 Baily's Plan Review PA15-1628 953-172-019 Jaime Cardenas 10/28/2015 Case Title / Description: Entertainment Cover Band (Home Occupation) Jose Limon Jr. Plan Review PA15-1630 922-053-040 Jaime Cardenas 10/29/2015 Case Title / Description: Zoning Letter: A Zoning Letter for Villa Apartment Del Sol Apartment Homes located at 28550-28566 Pujol Street (APN 922-053-040 & 042). Randy Schwartz Pacific Southwest (858) 522-1407 JAMES L Plan Review Realty Services DITTMER PA15-1632 Jaime Cardenas 10/29/2015 10/29/2015 Mariela Murillo Approved Case Title / Description: Mariela Murillo (Home Occupation) PA15-1635 921-060-018 James Atkins 10/29/2015 Case Title / Description: Islander Design TUP: A Minor Temporary Use Permit for Islander Design to host a BBQ sales tent event from November 14, 2015 thru November 22, 2015 at 28011 Jefferson Ave. Rick Johnson Islander Designs (951) 308-4568 False Front Plan Review PA15-1636 Jaime Cardenas 10/29/2015 10/29/2015 ARY KASIM Approved Case Title / Description: Prestige Landscape Construction (Home Occupation) Page 6 of 7 Assigned Planner PA Number Project Name APN Apply Date Approval Business Date Applicant Company Name Phone Owner Status PA15-1637 917-310-004 Scott Cooper 10/29/2015 Case Title / Description: Construction Landscape Review for Tract 31597 "Redhawk" for entrance and HOA areas for a County of Riverside Project. Alex Seizew (805) 899-5603 Plan Review PA15-1638 922-260-028 Jaime Cardenas 10/30/2015 10/30/2015 Foothills at Old Completed Town Case Title / Description: The Vineyards at Old Town ZL: A Zoning Letter Request for the property located at 28845 Pujol Street (APN 922-260-028). PA15-1640 910-272-003 James Atkins 10/30/2015 Case Title / Description: Madison Ave MOD: a Minor Modification (Planning Review Only) to allow for the removal of existing windows on the front elevation, and replacement and installation of new double doors for the new front entrance. The site is located at 27230 Madison Avenue. Bruce Nimmo (951) 695-5081 MADISON AVENUE ASSOC Plan Review PA 15-1641 944-211-003 Jaime Cardenas 10/30/2015 11/02/2015 Frederick Approved Estoque Case Title / Description: FHE Consulting Engineers (Home Occupation) PREAPP15-148 959-080-005 James Atkins 10/01/2015 6 Case Title / Description: Temecula MOB 2 Pre -Application: a pre -application to allow for the development of a 25,121 square foot medical office building on 2.23 acres. The site is located at 31625 De Portola. John Bohannon Donald Rhodes Plan Review P REAPP 15-149 940-310-060 3 Scott Cooper 10/01/2015 Case Title / Description: University of Redlands Pre -App: University of Redlands Pre -Application tenant improvement to remodel an existing space. The project is located at 43548 Ridge Park Drive. *Applicant is concerned about the available parking associated with the existing and proposed uses. Kimberly Boone (619) 889-5101 Void PREAPP15-163 1 922-046-012 Scott Cooper 10/29/2015 Case Title / Description: Whiskey Tango Foxtrot Saloon & Salon Pre -App: A Pre -Application for a saloon and restaurant located in an existing building at 42081 3rd Street Mark Stockstill (951) 575-6024 Plan Review P REAPP 15-163 957-090-019 9 James Atkins 10/30/2015 Case Title / Description: Singh Home Pre -App: a Pre -Application to consider a new custom home to be developed on a 4.03 acres. The lot is located within the Nicolas Valley Dirt Road Policy area. The lot located at 31250 Nicolas Road. Chuck Truitt (951) 201-1052 Sohan Singh Plan Review Page 7 of 7 Item No. 12 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jeffrey Kubel, Chief of Police DATE: November 17, 2015 SUBJECT: Police Department Monthly Report PREPARED BY: Joseph Greco, Sergeant RECOMMENDATION: Receive and file. The following report reflects the activity of the Temecula Police Department for the month of October 2015. PATROL SERVICES Overall calls for police service 3,286 "Priority One" calls for service 56 Average response time for "Priority One" calls 8.02 Minutes VOLUNTEERS Volunteer administration hours 238 Special Events hours 148 Community Action Patrol (CAP) hours 788 Reserve officer hours (patrol) 80 Training hours 56 Total Volunteer hours 1200 CRIME PREVENTION Crime prevention workshops/Neighborhood watch meetings conducted 1/0 Safety presentations/Training 7/0 Special events 0 Residential/Business security surveys conducted 0/0 Businesses visited 0 Residences/Businesses visited for past crime follow-up 0/0 Station Tour 0 Planning Review Projects/Temp Outdoor Use Permits 9/1 Square Footage of Graffiti Removed 2,523 OLD TOWN STOREFRONT Total customers served 213 Sets of fingerprints taken 44 Police reports filed 17 Citations signed off 33 Total receipts $2,676.00 SPECIAL TEAMS (POP / SET) On sight felony arrests 10 On sight misdemeanor arrests 22 Felony arrest warrants served 3 Misdemeanor arrest warrants served 6 Follow-up investigations......... ...... ............ ...... ......... ...... ............ ...... ......... ...... ....... . 16 Parole/Probation Searches 0/10 PedestrianChecks... ...... ............... ...... ...... ............... ...... ...... ............... ........ .21 Traffic Stops/Vehicle Checks 75 Crime Free Housing Checks 79 TRAFFIC Citations issued for hazardous violations 797 Grant funded D.U.I. / Traffic safety checkpoints 1 Grant funded traffic click it or ticket 0 D.U.I. Arrests 22 Non -hazardous citations 340 Stop Light Abuse/Intersection Program (S.L.A.P.) citations 29 Neighborhood Enforcement Team (N.E.T.) citations 88 Parking citations 140 School Zone 64 Seatbelts 4 Cell Phone Cites 47 Injury collisions 27 INVESTIGATIONS Beginning Caseload 173 Total Cases Assigned 61 Total Cases Closed 46 Search Warrants Served 17 Arrests 3 Out of Custody Filings........................................................................... 7 PROMENADE MALL TEAM Calls for service 506 Felony arrest/filings 1 Misdemeanor arrest/filings 16 Traffic Citations 3 Fingerprints/Livescans 202 Total receipts $6,917.00 SCHOOL RESOURCE OFFICERS Felony arrests 1 Misdemeanor arrests 17 Reports 25 Youth counseled 183 Meetings 93 REQUESTS TO SPEAK I wish to speak on: REQUEST TO SPEAK CITY OF TEMECULA Date: r) 1 I 1 hg Public Comme CITY COUNCI / CSD / SARDA /THA / TPFA (Circle One) Subject: i?wn 14-A 1 -1 -4,A -Cr - TV Gd A i h e'v,4r Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name: Address: DP.41 (0i2-441 Phone Number: `' [. If you are representing an organization or group, please give the name: idea Yl*:a Please note that all information presented at a City Council meeting becorr}e§ p�tlt'�lle'recorc7. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: 111. 17. l s I wish to speak on: Public Comment CITY COUNCIL BUSINESS Subject: a w .` �e..te-v 3 Agenda Item No. G0 • For Against Air-- u 7 r-:+_ Request to Speak forms for Public Comments on Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name: L et- rr / / orah.-- Address: If you are representing an organization or group, please give the name: H° r,-)1is.. Ft. nA ` Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. DOCUMENTS SUBMITTED FOR THE RECORD M 7V1(' MARKHAM DEVELOPMENT MANAGEMENT GROUP, INC. November 17, 2015 Mayor Jeff Comerchero City of Temecula 41000 Main Street Temecula, CA 92590 Subject: Uptown Jefferson Specific Plan City Council Agenda Item #10 November 17, 2015 Dear Mayor Comerchero, We represent the Hoffman family that owns several vacant parcels in the North Jefferson Business Park, which is governed by CC&R's and a property owners association. The family has reviewed the Specific Plan and has grave concerns about the proposed residential uses within the UpTown Sports/Transit District. These residential uses are prohibited uses within the confines of the association and as a result the family, on behalf of the association, would request these uses be deleted from the list of permitted uses. We also have concerns about the visibility of pedestrian orientation, especially crossing Jefferson Avenue to the proposed future park and transit center. We feel that this is not realistic, given the current traffic volumes and the future traffic volumes, once the interchange is complete and will create an extreme safety issue. The proposed additional streets are a major economic concern due to the loss of net saleable land. The following uses are not consistent with the CC&R's and will create conflict within the association and we request they be deleted: 41635 Enterprise Circle North, Suite B Temecula, CA 92590-5614 (951) 296-3466 Fax: (951) 296-3476 www.markhamdmg.com Mayor Jeff Comerchero November 17, 2015 Page 2 1. Automotive service/light repair 2. Home occupations 3. Multipurpose trail 4. Parking Tots/parking structures (no currently allowed in CC&R's) 5. Residential live/work (these are not currently allowed in CC&R's) 6. Transit Center The Hoffman family is supportive of the hotel uses and would request confirmation that retail sales, including showroom type sales, are permitted (due to available freeway visibility). Lastly, please be aware the CC&R's still prevail with regards to existing allowable land uses, unless amended by an appropriate CC&R amendment, for association purposes. Respectfully, i 1 Lar R. Markham P esident CHAPTER 31 LAND USE & DEVELOPMENT STANDARDS 3. Uptown Sports/Transit District (US) The Uptown SportslTransit District is the third most densely concentrated mixed-use district within the Uptown Jefferson Specific Plan area. This district is characterized by mid to high rise urban buildings with a maximum building height of up to 6 stories. The Uptown Sports/Transit District is nestled between Jefferson Avenue and Interstate 15. Additionally, this district is located to the east of the future regional park and recreation facility, which is located immediately to the west of Jefferson Avenue. Jefferson Avenue runs along the westernmost boundary of this district, providing strong visibility from the roadway. To further enhance the connectivity and circulation within this district, and to support the desired urban development patterns, new street connections are anticipated to be added to the existing circulation network, as new development occurs. The Uptown Sports/Transit District is characterized by a strong visual window from Interstate 15. This district can be easily accessed from Interstate 15 via the southbound French Valley Parkway off -ramp. The intersection of Jefferson Avenue and French Valley Parkway/Cherry Street will be the primary northernmost gateway into the specific plan area. This gateway will be designed in a manner that provides a strong sense of arrival into the Uptown Jefferson area. Additionally, this intersection is a prominent gateway into the City of Temecula from the City of Murrieta, which is located immediately to the north of the specific plan area. Prominent entry features that mark the arrival into both the City, and the Uptown Jefferson area, are envisioned at this intersection. The Uptown Sports/Transit District's location is is buffered by a large, regional park to the west. It is also buffered by the Santa Gertrudis Creek and adjacent Murrieta Creek trail to the south. Considering the district's location and surroundings, the Uptown SportslTransit District will develop in a manner that supports and complements the adjacent regional park facility. The Uptown Sports District is anticipated to have a mix of land uses that will support the regional park facility including hotel and guest -serving facilities, support commercial, and retail uses. This district will be further diversified with a mix of high-density urban residential dwellings. The urban residential dwellings in this area will activate the area during the day, evenings and weekends, and the nearby park facility will provide a neighborhood amenity for area residents. Four building types will be permitted within this district to support the anticipated land Uotown Soorts/Transit District Illustrative Photos DRAFT UPTOWN JEFFERSON SPECIFIC PLAN 3.7 this district also has the potential to accommodate a future transit CHAPTER 31 LAND USE & DEVELOPMENT STANDARDS use mix: residential stacked flat buildings, live/work buildings, courtyard building and commercial block buildings. These building types will contribute to the envisioned identity and feel of this district and help foster a distinctive character for this area. This district will need to provide a strong pedestrian connection to the adjacent park facility. Enhanced pedestrian crossings and pedestrian refuge islands are envisioned at key intersections along Jefferson Avenue to facilitate pedestrian and bicycle connectivity and safe access across Jefferson Avenue to the park site to the west. Furthermore, as new development occurs, additional pedestrian/bicycle connections and access points will be provided from future development projects within the Uptown Sports/Transit District to the Santa Gertrudis Creek and future trail. In addition to the Uptown Sports/Transit District's proximity to the regional park site, the district's anticipated land use mix, and the area's future trail connections, station. The future transit station is anticipated to provide for both high frequency public transit service and bus rapid transit service. Although the exact location of the transit center has not been determined, the Uptown French Valley Interchange Improvements ••••••• •••••••c Exhibit 3-4: Uptown Sports/Transit District Primary Specific Plan Gateway Primary District Access Point Streetscape Beautification and Pedestrian / Bike Lane Improvements Future Pedestrian Connection to the Creekside Village Murrieta Creek Trail Improvements Hypothetical Location of New Streets San Gertrudis Creek Interconnect Interstate 15 View Window DRAFT UPTOWN JEFFERSON SPECIFIC PLAN 3-8 CHAPTER 31 LAND USE & DEVELOPMENT STANDARDS Sports/Transit District's ultimate vision acknowledges and contemplates the potential for the location of a transit center within, or within close proximity of this district. To this end, coordination efforts with the Riverside Transit Agency (RTA) will continue in order to analyze and support the feasibility of a transit center within, or in close proximity to, this district. To support these efforts, the Uptown Sports/Transit District will encourage Transit Oriented Development (TOD) and the development of a transit village in this area. To support the concept of TOD, it is anticipated that this area will be characterized by clusters of compact, walkable, urban development. A mix of high density residential uses and complementary commercial and employment-related uses, served by frequent public transit service, are anticipated in the future. By encouraging TOD and the development of a transit village in this location, this district will provide an enhanced ability for people to easily walk or bike within the district. This in turn will promote the feasibility of transit use as viable alternative mode of transportation. Future planning efforts in this area will focus on the coordination of land use and alternative transportation feasibility in order to encourage development projects that will support a high -frequency transit service. DRAFT UPTOWN JEFFERSON SPECIFIC PLAN 3-9 CHAPTER 31 LAND USE & DEVELOPMENT STANDARDS B. Land Use Regulations The land uses in the Uptown Jefferson Specific Plan area are regulated by district to achieve the dynamic mixed- use character envisioned for the area. Each zone establishes the land uses that are perrnitted, conditionally permitted or not permitted in the zone. The Land Use Matrix (Table 3-1) outlines the allowable land uses by district. The land use regulations combined with the Urban Development Standards are intended to implement the goals and policies of this specific plan and accomplish the community -identified vision for the Uptown Jefferson area. The land uses listed in Table 3-1 shall be permitted in one or more of the specific plan districts as indicated in the corresponding column. Where indicated with the letter "P" the use shall be permitted by right within the district. Where indicated with the letter "C" the use shall be permitted with the approval of a Conditional Use Permit. Where indicated with the symbol "-" the use shall be prohibited within the district. Uses not listed in Table 3-1 shall require a use determination by the Director of Community Development. Table 3-1: L nd Use Matrix List of Uses UC .i UHT UA WH-RO .. - L Adult entertainment business - - - - - Alcoholic beverages sales See Municipal Code Section 17.10.020 -Supplemental Development Standards Alcoholism or drug abuse recovery or treatment facility- (six or fewer)2 - - - P - - - Alcoholism or drug abuse recovery or treatment facility (seven to twelve)2 - - - - C - - - Art studio (with or without a gallery) P C P P - P P Auditorium, community assembly space, conference facility C C C C -- - - Automobile sales (indoor only) C - C C -- C - Automotive service station/gas station (with or without a convenience store)' C C C - -- - - Automotive maintenance/light repair C .....C.. C - - - - Automotive repair (heavy repair) _ _ - - - _ _ _ Bar, cocktail lounge. night club, live entertainment (indoor only) C C C C - C C - Car wash' C C C C -- - - Community care facility2 - - C C - -- - DRAFT UPTOWN JEFFERSON SPECIFIC PLAN 3-20 IHAPTER 31 LAND USE & DEVELOPMENT STANDARDS List of Uses UC UHT UA WH-RO C P - Day care/preschool (commercial) p P P P C Drive-thru' C C C C - - - - Educational institutions C C C C - - - - Facilities for mentally disordered, disabled, or dependent or neglected children (seven to twelve) 2 - C - - - Farmer's market (outdoor) C C C C - C C - Grocery store P P P P - P P - Health, fitness, dance, martial arts studio (less than 5,000 sq. ft.) P P P P - P P - Health, fitness, dance, martial arts studio (greater than 5,000 sq. ft.) C C C C - C C - Home occupations P P —P--... P P P P - Hospital C - C - - - - - Hotel P P3 P P - - P - Kennel/cattery/pet day care facility C C C C - - C - Light manufacturing (indoor only) C C C - - - - Multi-purpose trail P P P P P P P --FL-- Nature center/exhibits - - - - - - - P Office (administrative/ professional/medical/ government) P P P P - - P4 - Parking lots/ parking structures (standalone)' C C --f–, C - C - - Performing arts venue, theatre, cinema, museum C C C C - C C - Private smoking lounge/hookah lounge C C C C - C - Residential P P5 P P P P P5 - Residential care facilities (six or fewer)2 _ _ _ _ P _ _ _ List of Uses UC i?-;,. t UA WH-RO DRAFT UPTOWN JEFFERSON SPECIFIC PLAN 3-21 CHAPTER 31 LAND USE & DEVELOPMENT STANDARDS List of Uses UC UA WH-RO - - - - - Residential care facilities (seven to twelve) 2 - C - Residential care facilities for_ the elderly (six or fewer)2 - - _ P _ _ - Residential care facilities for_ the elderly (seven to twelve) 2 _ - - C - - Residential-live/work - - P - P- - . Restaurant (with or without the sale of beer and wine) P P P P - P P - Restaurant (with the sale of distilled spirits) C C C C - C C - Religious institutions with daycare or school C C C C C C C Religious institutions without a daycare or school P P P P P P P - Retail P P P P - P P - Transit Center - - - - - - C .-0-- Transitional housing - - - - P - - - Service – general P - P P - - P - Service – personal P P P P - P P - Sports and recreation facility (indoor only) C - C C - - C P Sports and recreation facility- (outdoor) - C - - - - P Swap meet (indoor only) - - - C - - - - Wine tasting facility (Type 02 ABC license only) P P P P - - P - Wine/ micro -brewery tasting facility C C C C - C C - FOOTNOTES: 'Subject to the Standards for Specific Uses outlined in Section 3.1. 2 Subject to the State of California Department of Social Services licensing requirements. 3 Full service hotels (see definition in appendix) of up to 8 stories in height are permitted by right in the Uptown Hotel/Tourism District. 4 Office uses are permitted above the first.floor only. However, office uses may be permitted on the first floor when the office use does not directly front onto any street included any future street. 5 Residential uses are permitted above the first floor only. DRAFT UPTOWN JEFFERSON SPECIFIC PLAN 3-22